472        Provincial Court Proceedings, 1676.

          Liber N N Barnabas Shuttleworth Be it remembred that the Sevententh day
                      agt of April in the second yeare of the Domin
                  Mathew Wardeion of the Right Honble Charles Absolute
                  Lord & Proprietary &c & in the yeare of
                  Our Lord 1677 Came here in Court Barnabas Shuttleworth of the
                  Citty of Bristoll marriner by Christopher Roushy his Attorny &
                  exhibited to the justices here his certaine bill against Mathew Warde
                  Gent One of the Attornyes of the same Court present here in Court
                  in his proper person according to the Customes & priviledges &c of
                  the same Court The tenor of which bill is as followeth
                    Barnabas Shuttleworth marriner by Christopher Rousby his At-
                  torny complaineth that whereas Mathew Warde One of the At-
                  tornyes of the same Court otherwise called Mathew Warde of Tal-
                  bott County in the Province of Maryland Gent the third day of
                  march in the yeare of Our Lord 1674 by his certaine writeing
                  Obligatory sealed with the seale of the said Mathew & here in Court
                  produced whose date is the same day & yeare abovewritten did bind
                  himselfe his heirs executors & admrs to pay or cause to be paid to
                  the said Barnabas Shuttleworth his executrs admrs or assignes the
                  summe of eighteen hundred pounds of good sound merchantable
                  tobacco in caske at some convenient place in Chester River in Talbott
                  County aforesaid upon the tenth day of October then next ensueing
                  Yet the said Mathew Warde the said eighteen hundred pounds of
                  tobacco in caske unto him the said Barnabas hath not paid though
                  often thereunto required but the same to pay hath denyed & still doth
                  deny Whereupon the said Barnabas Saith he is dampnified & hath
                  losse three thousand pounds of tobacco & thereupon he brings his
                  suite.
                    And the said Mathew the six & twentith day of April 1677 in his
                  proper person cometh & defendeth the force & injury when &c & Saith
                  nothing in barr or avoidance of the action aforesaid of him the said
                  Barnabas by which the said Barnabas remaineth against the said
                  Mathew as to the said eighteen hundred pounds of tobacco wholly
                  undefended Therefore it is considered by the Court here that the said
                  Barnabas recover against the said Mathew aswell the summe of
                  eighteen hundred pounds of tobacco the debt aforesaid as also the
                  summe of five hundred ninty two pounds of tobacco costs of suite
                  but so as execution cease untill the tenth day of October next.

                 Thomas Jackson Thomas Pattison late of Dorchester County other-
                      agt wise called Thomas Pattison in the Province of
               Thomas Pattison  Maryland Inholder was Summoned to answer
                             unto Thomas Jackson of a plea that he render
                  unto him the full & just summe of fifteen hundred pounds of good
                  sound merchantable tobacco in caske which he oweth him & unjustly
                  deteineth