248       Provincial Court Proceedings, 1676.

           Liber N N  two thousand six hundred and ten pounds of tobacco when there-
                  unto lawfully requested would well and truly pay and satisfie Yet
                  notwithstanding the said Nicholas his promise & assumption afore-
                  said litle regarding but deviseing and intending him the said Wm of
                  the said Summe of two thousand six hundred & ten pounds of
                  tobacco to deceive the said summe of two thousand six hundred &
                  ten pounds of tobacco in his life time nor the said Damoras Since
                  his death while she was Sole nor the said Thomas and Damoras
                  Since their intermarriage have not satisfied or paid but the same
                  to pay have denyed and refused & Still doe deny and refuse to the
                  damage of the Said Wm foure thousand pounds of tobacco And
                  thereupon he bringeth his Suite.
                    And the Said Thomas and Damoras his wife executrix to Nicholas
                  Wyat and the said Thomas in his proper person comes and defends
                  the force and injury when &c and for plea saith that by Act of As-
                  sembly dated the 13th of April 1669 It is enacted that no action of
                  trespas of the case shall be commenced above two yeares after cause
                  of Action And thereupon they putt themselves upon the judgment
                  of this Honble Court.
                    And the said Wm Saith that he by any thing before alledged ought
                  not to be barred because he saith that there is had no such record of
                  any such Act of Assembly as the Said Thomas and Damoras have
                  declared and recited, and upon this it is said by the Court here to
                  the aforesaid Thomas and Damoras that they that record have here
                  the 14th day April 1676 the same day is given aswell to the aforesaid
                  William as the aforesaid Thomas and Damoras here &c.
                    Now here at the said fourtenth day of April in the yeare afore-
                  said Came the Said Thomas and Damoras as aforesaid but the Said
                  Wm Came not to prosecute his plaint aforesaid Whereupon it is
                  granted by the court here that the said Thomas and Damoris recover
                  against the said Wm Carpenter the Summe of Eight hundred forty
                  three pounds of tobacco for their costs & charges in this behalfe
                  laid Out and expended & the said Wm in mercy &c.

                   Johanna ffarrer exx Thomas Hinton late of the County of st Maries
                    Robert ffarrer otherwise called Thomas Hinton of Blake
                      agt       Creeke in st Maries County in the Province of
                  Thomas HintonMaryland Bricklayer was Sumoned to answer
                  unto Johanna ffarrer executrix of the last will
                  & testament of Robert ffarrer deceased in a plea that he render unto
                  her three thousand pounds of tobacco which from her he unjustly
                  deteineth.
                    And whereupon the said Johanna by Robert Carvile her Attorny
                  saith that whereas the Said Thomas the twenty fourth day of ffebru-
                  ary Anno Dom 1674 by his certaine writeing Obligatory sealed with
                  the Seale of him the Said Thomas and here in Court produced whose