Provincial Court Proceedings, 1677.     137

       have denyed & the said John Brookes as yet doth deny to the dam- Liber N N
       age of the said John Moll twelve thousand pounds of tobacco And
       thereupon he bringeth his suite.
         And the said John Brookes by Thomas Jones his Attorny cometh
       & defendeth the force & injury when &c & prayeth liberty to im
       parle hereunto untill the next Court the same day is given to both
       parties.
         Now here at this day to wit the eighth day of October Anno One
       thousand six hundred seventy Seaven Came the said John Moll by
       his said Attorny & offered himselfe against the said John Brookes
       in the plea aforesaid but the said John Brookes came not but made
       default & it appeareing by the Said John Moll his owne shewing that
       there is paid of the said summe the summe of foure thousand three
       hundred forty foure pounds of tobacco It is considered by the Court
       here that the said John Moll recover against the estate of the said
       Wm Worgan the summe of six thousand eighty eight pounds of
       tobacco the remainder of the debt aforesaid as also the summe of
       five hundred forty foure pounds of tobacco costs of suite but so as
       execution cease untill assetts.

       John Moll     John Brookes administrator of the goods &
         agt chattells of Wm Worgan late of Dorchester
       John Brookes admr County deceased was Sumoned to answer unto
         Wm WorganJohn Moll in a plea that he render unto him the
         summe of foure hundred & eighteene pounds of
       tobacco which from him he unjustly deteineth
         And whereupon the said John Moll by Kenelm Cheseldyn his At
       torny Saith that whereas the Said Wm Worgan in his life time the
       second day of june One thousand six hundred Seventy foure by his
       certaine writeing Obligatory Sealed with the scale of him the said
       wm here in Court produced whose date is the day & yeare aforesaid
       did acknowledge himself e holden & firmly bounden unto the said
       John Moll the just & neate quantity of ifoure hundred & eighteene
       pounds of good Sound merchantable tobacco in caske for a valuable
       consideration by him received to be paid upon all demands to the
       Said John Moll his heirs executrs admrs or assignes or to his certaine
       Attorny at some convenient Landing place in Choptanck River in the
       County aforesaid To the which payment well & truly to be made he
       did bind himself e his heirs executrs & admrs firmly by those pTsents
       Yet the Said Wm Worgan in his life time nor the said John Brookes
       since the death of the said Wm the said summe of foure hundred and
       eighteene pounds of tobacco to him the said John Moll according to
       the tenor of the said writeing Obligatory have not paid though often
       thereunto required but the same to pay have denyed & the said John
       Brookes as yet doth deny to the damage of the said John Moll Eight
       hundred pounds of tobacco And thereupon he bringeth his suite.