Provincial Court Proceedings, 1677.     113

       hundred a twenty pounds of tobacco the debt aforesaid as also the Liber N N
       summe of five hundred & sixty pounds of tobacco costs of suite and
       the said John Cocke in mercy.

       Stephen Murty John Saunders late of Charles County merchant
           agt otherwise called John Sanders of Bristoll in the
     John Saunders    Kingdome of England merchant was sumöned to
                  answer unto Stephen Murty of a plea that he render
       unto him the just & neate quantity of six thousand pounds of tobacco
       which to him he oweth & unjustly deteineth
         And thereupon the said Stephen Murty by Robert Ridgely his
       Attorny saith That whereas the said John saunders the sevententh
       day of January One thousand six hundred seventy six by his cer
       tame writeing Obligatory sealed with the seale of him the said John
       and here in Court produced whose date is the day and yeare afore
       said did acknowledge and confesse himselfe to be oweing and justly
       indebted unto the said Stephen in the just and neate quantity of
       three thousand pounds of good Sound merchantable leafe tobacco
       & caske to be paid [at a convenient place in] St Maries County or
       Charles County On all demands [bein]g [fo]r [a valu]able con
       sideracofl received in hand, to be paid to the Said Stephen Murty
       [his] heirs executrs admrs or assignes To the which payment well
       & [truly] to be made & done the said John Saunders did bind him
       selfe his he[irs execut]rs admrs or assignes in the penall quantity of
       Six thousand pounds of [tobo] notwithstanding which the Said
       John Saunders the Said Summe of six thousand pounds of tobacco
       according to the tenor of the said bill obligatory though often de
       manded to the Said Stephen hath not paid but the same to pay and
       Satisfie hath denyed and as yet doth deny by reason whereof action
       hath accrued to the Said Stephen to require & have of the Said John
       the said Summe of six thousand pounds of tobacco according to the
       tenor of the writeing obligatory aforesaid & thereupon he produceth
       his Suite.
         And the said John Saunders by John Jones his Attorny cometh &
       defendeth the force and injury when &c and prayed liberty to imparle
       hereunto untill the next Court & thereupon the Said Stephen by his
       said Attorny prayed speciall baile to the action aforesaid and it is
       granted him & thereupon day was given to both parties untill the
       next Court.
         Att which next Court to wit the fifth day of October Annoq Doth
       One thousand six hundred seventy seaven Came the said Stephen by
       his said Attorny and offered himselfe In the action aforesaid against p. 385
       the said John Saunders but the Said John Came not but made de
       fault Whereupon it is granted by the Court here That the Said
       Stephen recover against the said John aswell the Summe of six
       thousand pounds of tobacco the debt aforesaid as also five hundred