170      Provincial Court Proceedings, 1677/8.

             Liber N N  plea aforesaid, but the said Edward came not but made default,
                    Therefore itt is granted by the Court here that the said John Ed
                    mondson recover against the Estate of the said Robert Harwood
                    aswell the sume of three thousand eight hundred seventy nine pounds
                    of tobacco damages occasioned by the trespas aforesaid As also the
                    sume of five hundred fifty two pds of tobacco costs of suite

                    Thomas Fisher John Brooke late of Dorchister County AdmistT
                        agt of all & singuler the Goods & Chattels of Wm
                    John Brooke Admrs Worgan deceased' was sumoned to Answer unto
                      Wm WorganThomas ffisher Mrchant of a plea that he render
                      unto him Eighteen thousand pounds of tobacco
                    which from him he unjustly detaineth
                      And whereupon the said Thomas by Robert Carvile his Attorney
                    saith, that whereas the said Wm Worgan in his life tyme to witt upon
                    the Eighteenth day of August Aflo Doni One thousand six hun
                    dred seventy six by his certaine bill or writing obligatory sealed with
                    the seale of him the said Wm & here in Court produced whose date
                p. 428  is the day & yeare abovesaid did con fesse & acknowledg Himself e
                    to owe & stand indebted to the said Thomas ffisher in the neat quan
                    tity of Eighteene thousand pounds of good sound Mrchantable to
                    bacco in caske due to be paid unto the said Thomas his heyres Exrs
                    Admstrs or assignes att or upon the tenth day of Octobr next ensue
                    ing the date thereof att his owne plantacon in fishing Creek, in little
                    Choptank Riuer Yet the said Wm in his life tyme nor the said John
                    since his death though often thereunto requested the said sume of
                    Eighteen thousand pounds of tobacco or any part thereof to him the
                    said Thomas hath not paid or satisfied, but the same to pay hath
                    hitherto & still doth deny & refuse to the damage of the said Thomas
                    thirty thousand pounds of tobacco, & thereupon he bringeth his suite.
                      And the said John Brooke by Charles Boteler his Attorney cometh
                    & defendeth the force & injury when &c and prayeth liberty of
                    speaking hereunto untill next Court & itt is granted him, the same
                    day is given to the said Thomas ffisher.
                      Now here att this day to witt the one & twentieth day of febry in
                    the third yeare of the Dominion of Charles Lord Baltemore &c
                    Annop Doni 1677. came the said Thomas ffisher by his Attorney
                    aforesaid & offered himself against the said John Brooke in the
                    plea aforesaid, but the said John came not but made default There
                    fore itt is granted by the Court here, that the said Thomas ffisher
                    recover against the Estate of the said Wm Worgan aswell the a fore
                    said debt of Eighteene thousand pounds of tobacco As also the
                    sume of Eight hundred thirty six pounds of tobacco costs of suite.
                    And the Deft in mercy &c