74  Provincial Court Proceedings, 1672/3.



                           Henry Smith late of Somrset County was attached
          Liber M M Thomas Jones
                     a     to answere unto Thomas Jones one of the Attornyes
                     g of this Cort according to the libertyes and priviledges
                 Henry Smith
                           allowed &c in a plea of Debt &c.
                   And whereupon the said Thomas in his pp pson saith that whereas
                 the said Henry upon the fourth day of Aprill in the 40th year of
                 the Dominion of Caecilius &c Annoq Domini 1672 by his certeine
                 bill obligatory wch he the said Thomas, with the seale of the afore
                 sayd Henry signed here brings in Cort whose date is the same day
                 & yeare did acknowledge himself to owe to ye aforesayd Thomas
                 the sume of Three Thowsand pounds of good sound Marchantable
                 Tobacco in Caske to be payd Convenient in Manoakin River upon
                 all Demands to the said Thomas his lawfull Attorney his Executors
                 Admr5 or assignes, to the which paymt well and truly to be made
                 the aforesayd Henry did binde himself his heirs Executors and
                 Administrators firmly by the said bill. Notwithstanding the afore
                 sayd Henry although often Demanded the aforesayd sume of Three
                 Thowsand pounds of Tobacco in Caske hath not as yet Rendered but
                 the same denyeth to pay and as yet Denieth whereupon the said
                 Thomas saith he is Damnifyed and hath Damage to the vallue of
                 five Thowsand pounds of Tobacco and thereupon he bringe[th]
                 his suite.
                   And the said Henry Smith by Mathew Warde his Attorney Corn
                 eth & Defendeth the force and injury when &c, and the said Henry
                 prayeth liberty of Speaking to the same untill the first day of the
                 next Provincial Cort and it is graunted unto him being the Eleaventh
                 day of February next and the same day is given to both ptyes.
                   At day that is to say the Eleaventh day of February in the
                 41th years of ye Dominion of Caecilius &c Annoq Domini 1672
                 came the aforesayd Thomas Jones in his pp pson and offered him
                 self agt the said Henry Smith of and upon the prmises and the said
                 Henry Smith appeared not but made default, wherefore it is Con
                 sidered by the Cort here that the sd Thomas Jones Recover agt the
                 said Henry Smith the said Three Thowsand pounds of Tobacco debt
                 as also his Costs and Charges in this behalf e Expended and the
                 said Henry Smith in mercy &c.
                   Therefore Comand is given to the Coroner of Somerset County
                 that he take the said Henry Smith and him safely Keepe &c so
                 that he have him here the Eighth day of Aprill next to satisfy unto
                 the said Thomas Jones the said sume of 3000 l Tob debt aforesayd
                 with costs of suite. & to make retorne &.

              p. 14 Samuell Lane of Ann Arundell County peticions this Cort that
                 he was sumoned to appeare in December Cort last to testefy his
                 Knowledge in an accoñ in this Cort depending betweene John
                 Gilbert plt & Philip Shapleigh deft. on the behalfe of ye defendt, he
                 craves allowance for his Charges agt the said Shapleigh.