Provincial Court Proceedings, 1675.     37

        ffrancis Saith that the Said John and Thomas their action against Liber N N
        him ought not to have for that he alwayes was and Still is ready to
        pay the Said three hundred twenty two pounds of tobacco and of
        this he prayeth the judgmt of the Court and the Said John and
        Thomas also. whereupon it is the judgment of the Court here that
        a non suite be awarded against the plaintiffs and that the said ffrancis
        recover against the said John England & Thomas Jones the Summe
        of fourteen hundred forty foure pounds of tobacco costs of suite
        and the Said John and Thomas in mercy for their false Claime.

        Thomas Walker 1 William King late of Calvert County planter other-
          agt wise called Wm King of the County of Cal
        Wm Kingj vert Inholder was Summoned to answer Thomas
         Walker of the County of Somersett Gent of a plea
        that he render unto him the full & just Summe of thirteene hundred
        eighty five pounds of good sound merchantable tobacco in caske
        which to him he oweth & unjustly deteineth
          And whereupon the Said Thomas Walker by Robert Ridgely his
        Attorny Saith that whereas the Said Wm King the thirtith day of
        May One thousand Six hundred Seventy foure by his certaine write-
        ing Obligatory Sealed with the Seale of him the Said William and p. 24
        here in Court produced whose date is the day and yeare aforesaid
        did acknowledge himself e to be holden and firmly indebted unto the
        Said Thomas in the full and just Summe of thirteene hundred &
        eighty five pounds of tobacco and caske to be paid to the Said
        Thomas Walker or to his certaine Attorny his heirs executors admrs
        or assignes upon demand at Some Convenient place in Patuxent
        River To the which payment well & truly to be made the Said Wil-
        liams did bind himselfe his heirs executors & admrs firmly by
        those prsents Yet the aforesaid Wm King the Said Summe of thir-
        teene hundred eighty five pounds of tobacco to him the Said
        Thomas according to the tenor of the Said writeing Obligatory
        though often demanded hath not paid but the same to pay hath
        denyed and as yet doth deny whereupon the said Thomas Saith he is
        damnified & hath lost to the value of fifteene hundred pounds of
        tobacco and thereupon he bringeth his Suite.
          Now here at this day to wit the Six and twentith day of November
        in the 44th yeare of the Dominion of Caecilius &c Came the Said
        Wm King in his proper person and Saith nothing in barre or avoid-
        ance of the action aforesaid of him the Said Thomas for that he
        oweth unto the Said Thomas the said Summe of thirteene hundred
        eighty five pounds of tobacco in manner and forme as the Said
        Thomas hath above against him declared therefore it is considered
        by the Court here That the Said Thomas recover against the said
        Wm the Said Summe of thirteene hundred eighty five pounds of
        tobacco the debt aforesaid as also the summe of five hundred fifty
        two pounds of tobacco costs of Suite.