Provincial Court Proceedings, 1677.     105

        the fifth day of October then next following Came the said John Liber N N
        Rousby in his proper person but the said Wm Combes and Elizabeth
        his wife and Mary Roe came not but made default whereupon it is
        granted by the Court here That the said John Rousby his possession
        of the Said Messuage Six hundred acres of Land in Tredavon
        Creeke called Plymhimmon in Talbott County aforesaid Ought to
        have Whereupon the said John Rousby prayed his Lopps writ of
        Habere facias possessionem to the Sheriff of Talbott County to be
        directed, and also a writ of enquiry of damages and they are
        granted him

        Kenelm Cheseldyn Edward Inglish administrator of the goods and
            agt Chattells of Roger Thorpe deceased was at-
        Edward Inglish tached to answer unto Kenelm Cheseldyn Gent
        admr Roger Thorpe One of the Attornyes of this Court according
                      to the libertyes and priviledges &c allowed in a
        plea that he render unto him the full summe and just quantity of
        Eight hundred pounds of good sound merchantable tobacco and
        caske which from him he unjustly deteineth
          And whereupon the said Kenelm in his proper person Saith that
        whereas the said Roger in his life time to wit the nine & twentith
        day of May Annoq Dom One thousand Six hundred Seventy Six
        by his certaine writeing Obligatory Sealed with the scale of him
        the said Roger and here in Court produced whose date is the day
        and yeare abovesaid did acknowledge himself e to owe and be truly
        indebted unto the Said Kenelm Cheseldyn in the full summe and
        just quantity of Eight hundred pounds of good sound merchantable
        tobacco in caske to be paid to the said Kenelm Cheseldyn or to his
        certaine Attorny his executors administrators or assignes upon the
        tenth day of October next ensueing the date thereof in Some con
        venient place in Cecil County To which payment well and truly to
        he made & done the said Roger did bind himself e his heirs executors
        & administratrs firmly by those presents. Yet not withstanding the
        said Roger in his life time nor the said Edward admr of the goods &
        chattells of the said Roger since his death the said Summe of Eight
        hundred pounds of tobacco according to the tenor of the said bill
        hath not paid though often thereunto required but the same to pay
        hath hitherto denyed & still doth deny Whereupon the said Kenelm p.
        saith he is dampnified and hath losse to the value of sixteene hundred
        pounds of tobacco And thereupon he bringeth his suite.
          And the said Edward Inglish by Robert Ridgely his Attorny corn
        eth and defendeth the force and injury when &c and prayeth liberty
        to imparle hereunto untill the next Provinciall Court and it is granted
        him the same day is given to the said Kenelm Cheseldyn.
          Att which said next Court to wit the fifth day of October Anno
        Dom One thousand six hundred Seventy Seven Came the said