336        Provincial Court Proceedings, 1676.

            Liber N N  five hundred seventy One pounds of tobacco costs of suite & the
                   said George in mercy &c.

                   Nathaniel Stiles exr
                     Thomas Salmon   .     .
              agt this action abates the plaintiff being dead.
                   Samuel Hatton

                   Wm Porter
                    a the def not appeareing this Court the sheriff
                    g amercied to his Lopp 40s.
                   Henry Mitchell

                   ffrancis Whittwelll John Glover late of Talbott County Carpenter
                      agt was SumOned to answer unto ffrancis Whittwell
                John Glover    of a plea that he render unto him ten thousand
                               pounds of tobacco which to him he oweth & un-
                               justly deteineth.
                     And whereupon the said ffrancis by Mathew Warde his Attorny
                   saith that whereas the said John the 21th day of ffebruary Anno
                   Dom 1673 had for the value of foure thousand foure hundred pounds
                   of tobacco bargained & Sold unto him the Said ffrancis Whittwell
                   a parcell of land lyeing On the north side of Sassafras River being
                   two hundred & fifty acres called by the name of Croke & Pill & like-
                   wise by his Obligation under his hand & seale beareing date the day
                   & yeare abovesaid did oblidge himselfe his heirs executrs admrs or
                   assignes to pay or cause to be paid to him the Said ffrancis Whitt-
                   well his heirs or assignes the full & just summe of ten thousand
                   pounds of good Sound tobacco & caske to be paid upon demand if
                   the said John Glover did not give an assurance according to Law
                   within the space of six months to the said ffrancis Whittwell or his
                   assignes then this Obligation to be in full force power & virtue but
                   if the said Land be ensured within the space aforesaid then to be
                   void & of none effect. Yet notwithstanding the said John his assur-
                   ance of the land aforecaid according to Law within the time afore-
                   said according to the tenor of his Obligation aforesaid to him the
                   said ffrancis hath not made although he hath been often thereunto
                   required but the same to make hath altogether denyed & Still doth
                   deny whereupon he Saith he is dampnified and hath losse to the
                   value of twenty thousand pounds of tobacco & thereupon he bring-
                   eth his suite.
                     And the said John Glover by Robert Ridgely his Attorny cometh
                   & defendeth the force & injury when &c and prayed liberty of speake-
                   ing hereunto untill the next Provinciall Court & it is granted him
                   the same day is given to the said ffrancis.
                     Nowhere at this day to wit the fourth day of December in the
                   second yeare of the Dominion of Charles Lord Baltemore &c Annoq