534 Provincial Court Proceedings, 1674/5.




          Liber M M   hath above declared against him Therefore it is considered by the
                  Court here that the said Roger recover agt the said Thomas Bankes
                  aswell the said summe of Eight hundred thirty Six pounds of tobacco
                  the debt aforesaid as also the summe of five hundred Seventy One
                  pounds of tobacco for his costs & charges in this behalfe laid Out.
                  but so as execution thereof cease untill the tenth day of November
                  next.

              p. 519 The abovesaid judgmt should have bin for three hundred & ten
                  pounds of tobacco and costs of Suite.
                  Roger Baker Thomas Bankes late of Calvert County otherwise
                     agt called Thomas Bankes of the Province of Mary-
                Thomas Bankes   land in the County of Calvert was Suthoned to
                             answer unto Roger Baker of London of a plea that
                             he render unto him the Summe of three thousand
                             two hundred pounds of good Sound merchantable
                             tobacco & caske without ground leaves or any Kind
                             of trash whatsoever which to him he oweth & un
                             justly deteineth.
                    And whereupon the Said Roger Baker by Robert Ridgely his At
                  torny Saith that whereas the Said Thomas Bankes the thirtenth day
                  of September One thousand Six hundred seventy three by his cer
                  tame bill Obligatory Sealed with the Seale of him the Said Thomas
                  and here in Court produced whose date is the day and yeare a fore
                  said did confesse himself e to be indebted unto the Said Roger in the
                  Said Summe of three thousand two hundred pounds of good Sound
                  merchantable tobacco & casque without ground leaves or any Kind
                  of trash whatsoever payment thereof to be made to the said Roger
                  Baker his heirs executors administrators or assignes To be paid by
                  the said Thomas Bankes to the Said Baker at or upon the tenth day
                  of October next ensueing the date of the Same bill in Patuxent River
                  To the which payment of which tobacco the Said Thomas did bind
                  himselfe his heirs executrs admrs & assignes Notwithstanding which
                  the Said Thomas Bankes the Said Sume of three thousand two hun
                  dred pounds of tobacco according to the tenor of the Said bill to him
                  the Said Roger hath not as yet paid though often thereunto required
                  but the same to pay hath refused & as yet doth refuse whereupon the
                  Said Roger Saith he is dampnified & hath lost to the value of two
                  thousand pounds of tobacco & thereupon he bringeth his Suite.
                    And the Said Thomas Banckes the fiftenth day of ffebruary in
                  the 43th yeare of his Lopps Dominion &c in his proper person cometh
                  into Court and Saith nothing in barre or avoidance of the action
                  aforesaid of him the said Roger because he oweth the said sume
                  of three thousand two hundred pounds of tobacco in such manner
                  and forme as the said Roger hath above against him declared There
                  fore it is considered by the Court here that the said Roger recover