Provincial Court Proceedings, 1676.     411

        eth & defendeth the force & injury when &c and prayeth liberty to Liber N N
        imparle hereunto untill the next Court and it is granted unto him the p. 254
        same day is given to the said John.
         Now here at this day to wit the seaven & twentith day of April in
        the second yeare of the Dominion of Charles Lord Baltemore &c
        Annoq Dom 1677 Came the said John & Marmaduke by their said
        Attornyes and the said Marmaduke Saith nothing in barr or avoid-
        ance of the action aforesaid of him the said John for that he oweth
        unto the said John the said summe of two thousand pounds of to-
        bacco in manner & forme as the said John hath above declared
        against him Whereupon it is considered by the Court here that the
        said John Darnall recover against the said Marmaduke Semme aswell
        the summe of two thousand pounds of tobacco the debt aforesaid as
        also the summe of five hundred seventy One pounds of tobacco costs
        of suite And the said Marmaduke in mercy &c

        John Howell & Nathaniell Howell George Wells and Johanna Gold
         Executrs of Thomas Howell         smith late of Baltemore County
                agt            otherwise called George Wells
  George Wells & Johanna Goldsmith of the County of Baltemore
                               gent & Johanna Goldsmith of
        the same County Spinster were Summoned to answer unto John
        Howell & Nathaniel Howell infants under the age of One & twenty
        years by Philemon Lloyd Gent their Guardian Executrs of the last
        will & Testament of Thomas Howell deceased of a plea that they
        render unto them Eighty thousand pounds of tobacco which from
        them they unjustly deteine.
         And whereupon the said John & Nathaniel by Robert Carvile their
        Attorny Say That whereas the said George and Johanna the 31th
        day of March in the yeare of Our Lord 1674 by their certaine bond
        or writeing Obligatory Sealed with the Seales of them the said
        George and Johanna and here in Court produced whose date is the
        day & yeare first abovewritten did acknowledge themselves to Owe
        and be justly indebted unto the Said Thomas in the full and just
        quantity of Eighty thousand pounds of good sound merchantable
        tobacco & caske to be paid to the said Thomas or to his certaine
        Attorny his executrs admrs or assignes upon demand in Some con-
        venient place in the County aforesaid To the which payment well &
        truly to be made they did bind themselves and every of them their
        heirs executrs & administratrs joyntly and Severally firmly by those
        presents Yet notwithstanding the said George & Johanna or either
        of them the said summe of Eighty thousand pounds of tobacco to
        him the said Thomas in his life time nor to the said John & Nathaniel
        Since his death according to the tenor of the Said writeing Obliga-
        tory have not paid or satisfied but the same to pay have denyed and
        refused and Still doe deny and refuse to the damage of the said