Provincial Court Proceedings, 1676.    467

         thereunto required would well & truly content & pay Yet the afore- Liber N N
         said Wm his promise & assumption so as aforesaid made not regard-
         ing but deviseing & fraudulently intending him the said Thomas of
         the said summe of Eighteen thousand & ten pounds of tobacco to
         deceive & defraud the said Wm him the said Thomas the said Summe
         of Eighteen thousand & ten pounds of tobacco though often there-
         unto 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
         twenty thousand pounds of tobacco & thereupon he bringeth his
         suite.
           Now here at this day to wit the Seaven & twentith day of April
         Anno Dom 1677 came the said Wm Rosewell by John Jones his At- p. 292
         torny & defendeth the force & injury when &c & Sayes nothing in
         barr or avoidance of the aforesaid action of the aforesaid Thomas
         Notley by which the said Thomas remaineth against the said Wm as
         to the said Eighteen thousand & ten pounds of tobacco his debt afore-
         said wholy undefended Therefore it is considered by the Court here
         that the aforesaid Thomas recover against the said Wm aswell the
         said summe of Eighteen thousand & ten pounds of tobacco his debt
         aforesaid as also the summe of five hundred pounds of tobacco his
         costs in the said suite expended & the said Wm in mercy &c.
           Ordered then by the Court that the Governour take Speciall bayle
         of the said Wm Rosewell for all other actions depending here this
         April Court against him.

         Proprietary Memorandum this day vizt the Seventh day of
            agt December in the year of Our Lord 1676 At a
         ffrances Morgan     Court held at the Citty of St Maries for the Rt
         Wm Coursey &   Honble the Lord Propry of this Province Came
         Peter Sayerhere into Court Keneim Cheseldyn Attorny Gen
         erall of the Said Lord Propry in his proper person
         who in this behalfe prosecuteth for the Said Lord Propry & giveth
         the Court here to understand & be informed That Whereas ffrances
         Morgan late of Talbott County now the wife of Peter Sayer other-
         wise called ffrances Morgan of the County of Talbot Spinister Wil-
         liam Coursey & Peter Sayer late of Talbott County otherwise called
         Wm Coursey & Peter Sayer of the same County Gent by their cer-
         tame writeing Obligatory Sealed with their Seales & here in Court
         produced whose date is the sixtenth day of January 1673 were holden
         & firmly bound unto the Right Honble the Lord Propry of this Prov-
         ince in the full & just quantity of One hundred thousand pounds of
         tobacco in caske to he paid to the said Lord Propry or to his cer-
         tame Attorny his heirs executrs admrs or assignes to the which pay-
         ment well & truly to be made they did bind themselves their & every
         of their heirs executrs & admrs in the whole & for the whole joyntly &
         severally firmly by those prsents Yet Neverthelesse the said ffrances