410        Provincial Court Proceedings, 1676.

           Liber N N   given to the said Marmaduke. Afterwards to witt the seaven and
                   twentith day of April Anno 1677 came the said Marmaduke by his
                   said Attorny and offered himselfe against the said John in the plea
                   aforesaid but the said John came not but made default Whereupon
                   it is granted by the Court here that the said Marmaduke recover
                   against the said John Ditchfeild aswell the summe of One thousand
                   & fourteen pounds of tobacco damages occasioned by the trespas
                   aforesaid as also the summe of five hundred thirty two pounds of
                   tobacco costs of suite.

                   Richard Bayly
                   WmD                these two causes continued untill next
                       are            Court by consent of the Attornyes for
               the Same
                                      plaintiff & defendant.
                                     ag
                   the same admr Jno Parker


                   Christopher Rousby & Elizabeth the Sheriff of Kent County being
                   his wife exrx Richd Collett  in misericordia for the defts non
                       agt               appearance this cause continued by
                   Anthony Calloway     consent of the plaintiff untill next
                                        Court.

                   John Darnall  Marmaduke Semme late of the County of
                      agt Maries otherwise called Marmaduke Semme
                Marmaduke SemmeJ of st Maries County in the Province of Mary-
                                land Inholder was sumöned to answer unto
                   John Darnall in a plea that he render unto him two thousand pounds
                   of tobacco which to him he oweth & unjustly deteineth.
                    And whereupon the said John by Robert Carvile his Attorny Saith
                   that whereas the said Marmaduke the 28th day of August Anno
                   Dom 1675 by his certaine writeing Obligatory Sealed with the seale
                   of him the said Marmaduke & here in Court produced whose date is
                   the same day & yeare abovewritten was bound & firmly indebted unto
                   him the said John in the full and just summe of two thousand pounds
                   of good sound merchantable tobacco in caske to be paid unto him
                   the said John his heirs executors admrs or assignes in some con-
                   venient place in Petuxent River at or upon the tenth day of October
                   next ensueing the date thereof Notwithstanding which the said
                   Marmaduke the aforesaid summe of two thousand pounds of tobacco
                   to him the said John according to the tenor of his said writeing
                   Obligatory hath not paid though often thereunto required but the
                   same to pay hath altogether denyed & still doth deny whereupon he
                   saith he is dampnified & hath losse to the value of foure thousand
                   pounds of tobacco. And thereupon he bringeth his suite.
                     And the said Marmaduke by Kenelm Cheseldyn his Attorny corn-