162       Provincial Court Proceedings, 1677/8.

             Liber N N  tory, yet the said John Jordaine hath refused & still refuses to
                    deliuer the said Eight hundred foot of poplar plank to the said Pope,
                    therefore the said Pope saith he is damaged two thousand pounds
                    of tobacco & brings suite
                     And the said John Jordaine by Robert Carvile his Attorney corn
                    eth & defendeth the force & injury when &c and prayeth liberty of
                    speaking hereunto untill next Court, & itt is granted unto him, the
                    same day is given to the said Pope Alvey.
                     Now here att this day to witt the one & twentieth day of ffebry
                    in the third yeare of his Lordpps dominion &c Annoq Doni 1677.
                    came the said John by his Attorney aforesaid and offered himselfe
                    against the said Pope Alvey in the plea aforesaid, but the said Pope
                    came not to prosecute his plaint aforesaid Therefore it is considered
                    by the Court here, that the said John Jordaine recover against the
                    said Pope Alvey the sume of pounds of tobacco for
                    his costs & charges by him about his defence in this behalfe sustained,
                    unto the said John Jordaine by the Court here adjudged And the said
                    Pope Alvey in mercy for his false claime
                    John AtkeyWm Eagle late of Talbott County & Amiah his
                       agtwife Adrnx of the Goods & Chattels of John
                    Wm Eagle & Amiah   Burges late of Talbott County planter deceased
                    ux Admx Jno Burges was sumoned to Answer unto John Atkey of a
                    plea that they render unto him the full & just
                    sume & quantity of twenty & two thousand pounds of good sound
                    & Mrchantable leafe tobacco & caske to containe the same which they
                    unjustly detaine
                     And whereupon the said John Atkey by George Parker his At
                    torney saith That whereas the said John Burges the fourteenth day
                    of November One thousand six hundred seventy foure by his cer
                    tame writing obligatory sealed with the seale of the said John Burges
                    & here in Court produced whose date is the day & yeare first above-
                    said, did acknowledge & confesse himselfe to owe & stand firmly
                    bound & indebted unto John Atkey of Calvert County & Province of
                    Maryland in the full & just sume & quantity of twenty & two thou
                    sand pounds of good sound & Mtchantable leafe tobacco & caske to
                    containe the same, payment thereof to be made upon demand after
                    the tenth day of October next ensueing the date thereof convenient
                    in Talbott County aforesaid To the which paymt well & truely to be
                    made & done unto him the said John Atkey his heyres Exrs Adms or
                    assignes, the said John Burges did binde himselfe his heyres Exrs
                    Adrs or assignes firmly by those prsents Notwithstanding the said
                    John Burges the said sume & quantity of twenty & two thousand
                    pounds of tobacco to him the said John Atkey in his life tyme hath
                    not paid according to the said writing nor the said Amiah whilst
                    she was sole to whom Letters of Admcon of the Goods & Chattels of