596  Provincial Court Proceedings, 1675.




          Liber M M  force and virtue as wittnes Our hands & Seales the day & yeare
                  abovewritten Which being read & heard the said Jeremiah & John
                  Say nothing in barr or avoidance of the action aforesaid of him the
                  said Edward
                    Therefore it is this day to witt the foure & twentith day of No
                  vember in the 44th yeare of the Dominion of Caecilius &c Considered
                  by the Court here that the said Edward Roe recover against the said
                  Jeremiah Eaton & John Barke aswell the said summe of five thou
                  sand eight hundred Seventy foure pounds of tobacco the debt afore
                  said as also the summe of five hundred ninty two pounds of tobacco
                  for his costs & charges in that behalfe laid Out & expended and the
                  said Jeremiah and John in mercy.

                 James    Nuthall Richard Bayley late of Calvert County was attached
                      agt to answer unto James Nuthall in a plea of trespas
                  Richard Bayley upon the case.
                    And whereupon the said James Nuthall by Kenelm Cheseldyn his
                  Attorny complaineth that whereas the said Richard Bayley the two
                  & twentith day of December in the yeare One thousand six hundred
                  seventy three stood indebted unto the said James Nuthall the summe
                  of fifteen hundred & fifty pounds of tobacco for One thousand
                  pounds of porke sold & delivered unto him the said Richard and also
                  the summe of three hundred sixty five pounds of tobacco for Six
                  Cow & steere hides and One doeskin sold and delivered at the same
                  time which said summes of fifteen hundred & fifty pounds of tobacco
                  and three hundred sixty five pounds of tobacco in the whole amount
                  to the sume of nineteene hundred & fifteen pounds of tobacco In con
                  sideration whereof the said Richard did assume upon himselfe & to
                  the said James did faithfully promise that he the said Richard the
                  said sume of nineteen hundred & fifteen pounds of tobacco to him
                  the said James when thereunto required to him the said James would
                  well & truly content & pay Notwithstanding which the said Richard
                  the said summe of nineteen hundred & fifteene pounds of tobacco to
                  him the said James according to his promise hath not paid though
                  often thereunto required but the same to pay hitherto hath & Still
                  doth deny to the damage of the said James two thousand five hun
                  dred pounds of tobacco And thereupon he bringeth his suite.
              p. 574 And the said Richard Bayley by Robert Ridgely his Attorny corn
                  eth and defendeth the force and injury when &c and the said Richard
                  saith that as to fifteene hundred & fifty pounds of tobacco part of
                  the Said nineteene hundred & fifteene pounds of tobacco which the
                  said James hath above imposed upon him the said Richard saith that
                  the said fifteene hundred & fifty pounds of tobacco to him the said
                  James he hath paid by the hands of Thomas Sprigg and this he is
                  ready to averre whereupon he prayes judgment if the said James his
                  action aforesaid for the same ought to have And as to three hun-