430        Provincial Court Proceedings, 1676.

           Liber N N  hereunto untill the next Court & it is granted him the same day is
                  given to the said Pope.
                    Now here at this day to witt the 27th day of April in the second
                  yeare of the Dominion of Charles Lord Baltemore &c came the said
                  Pope by his Attorny aforesaid & offered himselfe against the said
                  George in the plea aforesaid but the said George came not but made
                  default Whereupon it is granted by the Court here that the said Pope
                  recover against the said George aswell the summe of six hundred
                  eighty One pounds of tobacco the debt aforesaid as also the summe
                  of Five hundred & twenty pounds of tobacco costs of suite & the
                  said George in mercy.

                  ffrancis Swinfen James Rumsey & Ann his wife admrx of all &
                       agt Singular the goods chattells & creditts of John
                   James Rumsey & uxr Bigger of Petuxent River deceased were Sum-
                    admx Jno Bigger moned to answer unto ffrancis Swinfen of a
                                 plea that they render unto him the full & just
                  Summe of twenty & six thousand three hundred eighty & five pounds
                  of good sound merchantable leafe tobacco & caske which from him
                  they unjustly deteine
                    And whereupon the said ffrancis by Robert Ridgely his Attorny
                  Saith that whereas the said John Bigger in his life time to wit the
                  second day of June 1674 by his certaine bill Obligatory sealed with
                  the seale of him the said John & by the said ffrancis here in Court
                  produced whose date is the day & yeare aforesaid did acknowledge
                  himselfe to be bound & firmly Obliged unto the said ffrancis the
                  full & just summe of twenty six thousand three hundred eighty &
                  five pounds of good sound merchantable leafe tobacco in caske to
                  conteine the same due to be paid to the said ffrancis his certaine
                  Attorny his heirs executrs & admrs in some convenient place in Petux-
                  ent River at or before the tenth day of October next ensueing the
                  date thereof To the which payment well & truly to be made the said
                  John did bind himselfe his heirs executrs & admrs firmly by those
                  prsents Yet the said John in his life time nor the said Ann while
                  she was Sole to whom admcon of the goods chattells & creditts of the
                  said John Since his death hath been cothitted nor the said James &
                  Ann since the Nuptialls between them celebrated the said summe
                  of twenty six thousand three hundred eighty five pounds of tobacco
                  to him the said ffrancis though often thereunto required have not
                  paid but the same to pay have & doe still deny Whereupon the said
                  ffrancis saith he is dampnified & hath losse to the value of thirty
                  thousand pounds of tobacco & thereupon he bringeth his suite.
                    And the said James & Ann by Kenelm Cheseldyn their Attorny
                  doth come & defend the force & injury when &c & saith that the said
              p. 267  ffrancis his action aforesaid ought not for that they the said James
                  & Ann have paid the said twenty six thousand three hundred eighty