446      Provincial Court Proceedings, 1676.




             LiberNN Bruen Radford
                  p. 278     agt
                  Edward Williams
                  the Same
                     agt
             Edward Pynn
                  The Same
                     agt
             Arthur Carleton
             these three causes
             Stayed by injunction


                   Marmaduke Semme ffrancis Wyne otherwise called ffrancis Wyne
                       agt of Charles County of the Province of Mary
                   ffrancis Wyneland Cooper was attached to answer unto
                   Marmaduke Semme of a plea that he render
                   unto him six thousand Seaven hundred thirty five pounds of tobacco
                   which he oweth & unjustly deteineth
                     And whereupon the Said Marmaduke by John Jones his Attorny
                   saith that whereas the said ffrancis by his certaine writeing Obliga-
                   tory under his hand & Seale dated the 22th of July 1676 did bind
                   himselfe his heirs executrs & admrs to pay or cause to be paid to the
                   said Marmaduke the full & just quantity of six thousand five hun-
                   dred thirty five pounds of tobacco & caske to be paid at or upon the
                   tenth day of October next ensueing the date thereof in some con-
                   venient place in Wiccocomoco River & although the said Marmaduke
                   hath often demanded the said six thousand Seaven hundred thirty
                   five pounds of tobacco of the Said ffrancis according to the contents
                   of the Said writeing Obligatory which is here ready to be produced
                   in Court and by which writeing the Said debt may more at large
                   appeare Yet the said ffrancis hath refused & Still doth refuse to pay
                   the said summe of six thousand Seaven hundred thirty five pounds
                   of tobacco unto him the said Marmaduke whereupon he saith he
                   dampnified ten thousand pounds of tobacco & bring suite.
                     And the said ffrancis by Christopher Rousby his Attorny cometh
                   & defendeth the force and injury when &c & prayeth liberty of speake-
                   ing hereunto untill April Court next & it is granted him the same
                   day is given to the said Marmaduke.
                     Now here at this day to wit the eight & twentith day of April Anno
                   1677 came the Said Marmaduke by his Said Attorny but the Said
                    ffrancis came riot but made default Whereupon it is granted by the
                   Court here That the said Marmaduke recover agt the said ffrancis
                   aswell the summe of six thousand seaven hundred thirty five pounds
                   of tobacco the debt aforesaid as also the summe of five hundred
                   thirty & Six pounds of tobacco costs of suite & the Said ffrancis in
                   mercy.