Provincial Court Proceedings, 1676.     445
        Samuel Bagbey 1                             Liber N N
            agt
        Thomas Smithwick
        Jarvis Ballard
           agt
        Richard Pery

        Wm Jones Mary Roe of Talbot County Executrix of the last
           agt will & Testament of Edward Roe late of the Same
        Mary Roe exrx County deceased was Sumoned to answcr unto Wm
          Edward Roe. Jones of Ann Arundell County Phisitian in a plea
                   that she render unto him three thousand eight hun-
        dred and thirteene pounds of tobacco which she unjustly deteineth.
          And whereupon the said Wm by Thomas Bland his Attorny corn-
        plaineth that whereas the said Edward the twentith day of Novem-
        ber 1675 by his certaine writeing Obligatory sealed with his Seale &
        here in Court produced whose date is the day & yeare abovesaid
        became bound by the name of Edward Roe of Talbott County in
        the Province of Maryland Gent his executrs & admrs to pay or cause
        to be paid unto Wm Jones of Ann Arundell County Phisitian or his
        Order the full quantity of three thousand eight hundred & thirteene
        pounds of neate of good Sound merchantable leafe tobacco &
        caske to conteine the same at or upon demand after the twentith
        day of December next ensueing the date thereof at some conven-
        ient place in Talbott County aforesaid or else in Calvert County
        within halfe a mile to some convenient landing to the performance
        whereof the said Edwd hath putt his hand & seale & notwithstanding
        the same hath been often demanded Yet neither the said Edward in
        his life time nor the Said Mary Since his death Executrix to the Said
        Edward hath not paid the Same but the Same to pay doth refuse
        to the damage of the plaintiff six thousand pounds of tobacco where-
        upon he brings his Suite.
          Now here at this day to wit the Seaven & twentith day of April
        Anno 1677 came the said Mary by Mathew Warde her Attorny &
        Saith That as to two thousand two hundred thirty foure pounds of
        tobacco the remainder of the debt aforesaid (the Summe of fifteen
        hundred seventy nine pounds thereof being paid) she is content
        that judgment issue for the same. Whereupon it is granted by the
        Court here that the said William Jones recover against the estate of
        the said Edward Roe aswell the summe of two thousand two hun-
        dred thirty foure pounds of tobacco the debt aforesaid as also the
        summe of One thousand & One pounds of tobacco costs of suite.
        Joshua Doyne          .  .
                             this action abate the defendt being
           ag
        Jno Cage admr Charles Grcgory. dead