658   Provincial Court Proceedings, 1675.



          Liber M M  in some convenient place in Kent or Ann Arundell County Yet
                  notwithstanding the aforesaid quantity of four thousand pounds of
                  tobacco the aforesaid John hath not paid according to the tenor of
                  his Said bill though often thereunto required but doth altogether
                  deny & refuse to pay the same whereupon the Honble the Said Charles
                  Saith he is dampnified to the value of five pounds of tobacco & there
                  upon he bringeth his suite.
                   And the Said John Wells by Kenelm Cheseldyn his Attorny corn
                  eth & defendeth the force & injury when &c & prayeth liberty of
                  Speakeing hereunto untill the next Provinciall Court & it is granted
                  him the Same day is given to both parties.
                   Now here at this day to wit the twentith day of November in the
                  44th yeare of the Dominion of Caecilius &c came the said Charles
                  Calvert Esp by his Attorny aforesaid & offered himselfe against the
                  Said John Wells in the plea aforesaid and the said John Wells in
                  his proper person came likewise and the Said John Saith nothing in
                  barre or avoidance of the action aforesaid of him the said Charles
                  for that he oweth unto the said Charles the said summe of foure
                  thousand pounds of tobacco in manner & forme as is above declared
                  against him Therefore it is considered by the Court here that the
                  said Charles recover against the said John Wells aswell the summe
                  of foure thousand pounds of tobacco the debt aforesaid as also the
                  summe of         pounds of tobacco costs of Suite.

                 Charles Calvert Esq John Wells late of Kent County otherwise
                    agt called John Wells of Kent County in the
               John Wells       Province of Maryland planer was Suthoned to
                                answer the Honble Charles Calvert Esq in a
                                plea that he render unto him eight thousand
                                pounds of tobacco which to him he oweth &
                                unjustly deteineth.
                   And whereupon the Said Honble Charles Calvert by Vincent Lowe
                  his Attorny complaineth & Saith that whereas the said John On the
                  eightenth day of ffebruary Anno Doth One thousand six hundred
                  Seventy three by his certaine writeing Obligatory Sealed with the
                  Seale of him the said John & here in Court produced whose date is
                  the day and yeare abovewritten did bind himself e his heirs executors
                  admrs or assignes to pay unto the Honble Charles Calvert his heirs
                  executrs admrs or certaine Attorny the just & neat quantity of eight
                  thousand pounds of good sound merchantable tobacco & caske in
              p.635  some convenient place in Kent or Ann Arundell County upon the
                  tenth day of October next ensueing the date thereof Yet notwith
                  standing the aforesaid quantity of eight thousand pounds of tobacco
                  the aforesaid John hath not paid according to the tenor of his Said
                  bill but doth deny and refuse to pay the same though often there-
                  unto required whereupon the Honble the said Charles Saith he is