Provincial Court Proceedings, 1675.  595




     One hundred & eighty pounds of tobacco for his costs of Suite Liber M M
     adjudged by the Court here for his costs & charges now laid Out &
     expended & the said Henry in mercy.

     Edward Roe Jeremiah Eaton & John Barke late of Kent County
         agt otherwise called Jeremiah Eaton of the County of
     Jeremiah Eaton & Kent and John Barke of the County of Talbott
       Jno Brooke both of the Province of Maryland were sumOned
                 to answer unto Edward Roe of a plea that they
                 render unto him five thousand eight hundred sev
                 enty foure pounds of tobacco which to him they
                 owe & unjustly deteine.
       And whereupon the said Edward by Robert Carvile his Attorny
     Saith that whereas the said Jeremiah and John the sixtenth day of
     December in the yeare of Our Lord 1673 by their certaine bond or
     writeing obligatory Sealed with the Scales of them the said Jeremiah
     and John & here in Court produced whose date is the day & yeare
     abovesaid did bind themselves their or either of their heirs executrs &
     admrs joyntly & severally in the summe of five thousand eight hun
     dred seventy foure pounds of good Sound merchantable tobacco in
     caske according to the late act of Assembly to be paid unto the said
     Edward Roe at or upon the tenth day of October next ensueing the
     date of the said bond in Tredaven Creeke or in Great Choptanck
     River in One entire payment Yet Notwithstanding the said Jeremiah
     Eaton and John Barke the said summe of five thousand eight hun
     dred seventy foure pounds of tobacco him the said Edward Roe
     according to the tenor of the said bond though often thereunto re
     quired have not contented or paid but the same to content or pay
     have hitherto denyed and still doe deny to pay the same whereupon
     the said Edward saith he is dampnified & hath losse to the value of
     Seven thousand pounds of tobacco And thereupon he bringeth his
     suite
       And the said Jeremiah & John by Vincent Lowe their Attornv p. 573
     come & defend the force & injury when &c & pray the hearing of the
     said bond and it is read unto them & they also pray the hearing of
     the Condition of the said bond & it is read unto them in these words
     following Vizt The Condition of this Obligation is such That if the
     abovebounden Jeremiah Eaton & John Barke or either of them their
     heirs executors admrs or assignes shall well & truly pay or cause to
     be paid unto the abovesaid Edward Roe his heirs executors admrs &
     assignes or lawfull Attorny the full & just summe of two thousand
     eight hundred ninty two pounds of good sound merchantable tobacco
     in caske according to the late Act of Assembly at or upon the tenth
     day of October next ensueing the date hereof at One entire paymt in
     Tredaven Creeke or in some place convenient in Great Choptanck
     River then this Obligation to be Void or otherwise to stand in full