Provincial Court Proceedings, 1674/5.    539

        ballance of the accompt abovesaid as also the summe of nine hun- Liber M M
        dred pounds of tobacco for his costs of Suite and the said John in
        mercy for his false claime.

       Edward Tarleton George Charlsworth late of St Maries County
            agt planter otherwise called George Charlsworth of
     George Charlsworth     St Ellen [?]s in the Province of Maryland was
                      Summoned to answer unto Capt Edward
                      Tarleton of Liverpoole of a plea that he render
                      unto him the whole & just quantity of twenty-
                      eight hundred pounds of Sufficient and mer
                      chantable tobacco & casque which to him he
                      oweth and unjustly deteineth
         And whereupon the Said Edward Tarleton by Robert Ridgely his
        Attorny Saith that whereas the said George Charlsworth the eighth
        day of January in the 43th yeare of the Dominion of Caecilius &c
        Annoq Dom One thousand six hundred Seventy foure by his cer
        taine bill Obligatory Sealed with the Seale of him the said George
        and here in Court produced whose date is the day and yeare a fore
        said did thereby acknowledge to owe and be justly indebted unto
        the said Edward the whole & just quantity of twenty eight hun
        dred pounds of Sufficient & merchantable tobacco & caske which the
        said George did promise & engage himselfe his executors & admrs. p. 523
        to pay unto the said Capt Edward Tarleton or his Order upon de
        mand the said George did promise to pay the contents of the above-
        said bill without any fraud Notwithstanding which the said George
        the said twenty eight hundred pounds of tobacco to him the said
        Edward Tarleton according to the tenor of his Said bill though often
        demanded hath not paid but the same to pay hath refused & denyed
        & as yet doth refuse and deny whereupon the said Edward Saith
        he is dampnified & hath lost to the value of three thousand pounds
        of tobacco and thereupon he produces his suite.
         And the said George by Robert Carvile his Attorny cometh &
        defendeth the force & injury when &c and Saith nothing in barr of
        the action aforesaid of him the said Edward Therefore it is con
        sidered by the Court here the ninetenth day of ffebruary in the 43th
        yeare of his Lopps Dominion &c That the said Edward recover
        against the said George the debt aforesaid as also the summe of
        five hundred Seventy One pounds of tobacco costs of Suite & the said
        George in mercy.

        ffebruary 15th 1674.
         Ordered that the Secretary amerce the respective Sheriffs if they
        have made no returnes of their writts, grant attachments upon non
        est inventus & procedendoes upon appeales.
        The Court adjourned untill the third tuesday in April next.