466        Provincial Court Proceedings, 1676.

           Liber N N  Ridgely his Attorny complaineth that whereas the said Marmaduke
                  accompted with the said Thomas the tenth day of March 1676 &
                  upon makeing up all accompts between the said Marmaduke & the
                  said Thomas the said Marmaduke was found in arreare & indebted
                  to the said Thomas the summe of eleaven thousand nine hundred
                  fifty six pounds of tobacco In consideracon whereof the said Marma-
                  duke did assume upon himself e & to the said Thomas did faithfully
                  promise that he the said Marmaduke him the said Thomas the said
                  summe of eleaven thousand nine hundred fifty Six pounds of tobacco
                  when theretinto required would well & truly content pay Notwith-
                  standing which the said Marmaduke his promise aforesaid so as
                  aforesaid made not regarding but deviseing & fraudulently intending
                  him the said Thomas of the said summe of eleaven thousand nine
                  hundred fifty & six pounds of tobacco to deceive & defraud the said
                  summe of eleaven thousand nine hundred fifty Six pounds of tobacco
                  to him the said Thomas though often thereunto required hath not
                  paid according to his promise but the same to pay hath denyed &
                  as yet doth deny To the damage of the said Thomas fifteen thousand
                  pounds of tobacco & thereupon he produceth his suite.
                    Now here at this day to wit the Six & twentith day of April 1677
                  came the Said Marmaduke in his proper person & Saith nothing in
                  barr or avoidance of the action aforesaid of him the said Thomas
                  for that he oweth unto the said Thomas the said summe of eleaven
                  thousand nine hundred fifty Six pounds of tobacco whereupon the
                  said Thomas remaineth against the said Marmaduke thereof un-
                  defended whereupon it is granted by the Court here that the said
                  Thomas recover against the said Marmaduke aswell the summe of
                  eleaven thousand nine hundred fifty Six pounds of tobacco damages
                  occasioned by the trespas aforesaid as also five hundred twenty eight
                  pounds of tobacco cost of suite but so as execution thereof Stay
                  untill the tenth day of October next.

                  Thomas Notley Esq Wm Rosewell late of st Maries County Gent
                     agt was attached to answer unto The Honble
                Wm Rosewell      Thomas Notley Esq of a plea of trespas upon
                                 the case
                    And whereupon the said Thomas by Robert Ridgely his Attorny
                  Saith that whereas the Said Thomas accompted with the said Wm
                  the sixth day of April 1677 for divers goods and merchandizes by
                  him the said Wm before that time bought & received of the said
                  Thomas & upon the ballance of the said accompt there was found
                  remaineing due to the sd Thomas from the said Wm the summe of
                  Eighteen thousand & ten pounds of tobacco In consideration whereof
                  the said Wm did assume upon himselfe & to the said Thomas did
                  faithfully promise that he the said Wm the said summe of eighteen
                  thousand & ten pounds of tobacco to him the said Thomas when