250       Provincial Court Proceedings, 1676.

           Liber N N  taine Attorny in the aforesaid Province in the true & entire quantity
                  of One thousand two hundred & fifty and two pounds of good sound
                  merchantable tobacco in caske to be paid at John Warrens planta-
                  tion in Brettons Bay at or upon the tenth day of October next ensue-
                  ing the date thereof notwithstanding which the Said John the afore-
                  said summe of twelve hundred fifty two pounds of tobacco according
                  to the tenor of his said writeing Obligatory to him the said Robert
                  in his life time nor to the Said Johanna Since his death hath not
                  paid although he hath bin often thereunto required but the Same
                  to pay hath altogether denyed and Still doth deny whereupon she
                  saith she is dampnified & hath losse to the value of two thousand
                  pounds of tobacco & thereupon she bringeth her Suite. And the Said
                  Johanna bringeth unto Court here her letters testamentary whereby
                  it may appeare to the Court here that she is executrix & hath right
                  of administration &c.
                    And the Said John by Keneim Cheseldyn his Attorny cometh and
                  defendeth the force and injury when &c and prayeth liberty of
                  speakeing hereunto untill the next Provinciall Court and it is granted
                  him the same day is given to the said Johanna.
                    Now here at this day to witt the fourtenth day of Apri! in the
                  first yeare of the Dominion of Charles Lord Baltemore &c Annoq
                  Dom 1676 came the said John and Johanna by their Attornyes afore-
                  said and the said John Saith nothing in barr of the action aforesaid
                  of her the said Johanna in forme aforesaid declared Whereupon it
                  is granted by the Court here that the said Johanna recover against
                  the Said John Bayly aswell the summe of twelve hundred fifty two
                  pounds of tobacco the debt aforesaid as also the Summe of five
                  hundred eighty Seaven pounds of tobacco costs of Suite but So as
                  execution cease untill the tenth day of October next.

                   Johanna ffarrer exrx John Wahop late of st Maries County other-
                    Robert Farrer wise called John Whahob was suthoned to
                    agt         answer unto Johanna ffarrer executrix of the
                  John Waghopplast will and testament of Robt ffarrer de
                  ceased in a plea that he render unto her three
                  thousand two hundred forty five pounds of tobacco which from her
                  he unjustly deteineth.
                    And whereupon the Said Johanna by Robert Carvile her Attorny
                  Saith that whereas the said John the ninth day of September Anno
                  Dorh 1675 by his certaine writeing Obligatory Sealed with the seale
                  of him the said John and here in Court produced whose date is the
                  same day and yeare abovewritten did bind himselfe his heirs execu
              p. 157  tors admts or assignes to pay or cause to be paid unto him the Said
                  Robert in his life time his heirs & executors or assignes the neat quan-
                  tity of three thousand two hundred forty five pounds of good sound
                  merchantable tobacco & caske upon all demands in some convenient