Provincial Court Proceedings, 1677/8.    171

       Wm Hanman     John Brooke late of Dorchister County Admistr Liber N N
           agt of the Goods and Chattels of Wm Worgan de
       John Brooke Admr ceased was sumoned to Answer unto Wm Han
         Wm Worgan man of a plea that he render unto him two thou
                     sand pounds of tobacco which from him he
                     unjustly detaineth
         And whereupon the said Wm Hanman by Robert Carvile his At
       torney saith, that whereas the said Wm Worgan upon the ninth
       day of May Ano Doni One thousand six hundred seventy five by his
       certaine bill or writing obligatory sealed with the Seale of him the
       said Wm Worgan & here in Court produced whose date is the day
       & yeare abovesaid did confesse & acknowledge himselfe to owe &
       stand indebted to Wm Jelfe or the said Wm Hanman or either of
       them in the full & just sume of two thousand pounds of good sound
       Mrchantable tobacco & caske due to be paid with conveniency in
       little Choptanck River att or upon the tenth day of October then
       next ensueing Yet notwithstanding the said Wm Worgan in his life
       tyme nor the said John Brooke since his death the said sume of two
       thousand pounds of tobacco to him the said Wm Hanman according
       to the said bill hath not paid or satisfied, but the same to pay hath
       hitherto denyed & still doth deny to the damage of the said Wm
       Hanman three 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 speak
       ing hereunto untill the next Court & itt is granted him. the same
       day is giuen to the said Wm Hanman
         Now here att this day to witt the two & twentieth day of ffebry
       In the third yeare of the Dominion of Charles Lord Baltemore p. 429
       &c Anoq Doni 1677. the said John by Charles Boteler his Attorney
       comes & defends the force & injury when &c and saith that the said
       Wm his action aforesaid against him ought not to have, for that
       the said Wm Worgan in his life tyme the said two thousand pounds
       of tobacco in the said bill specified did fully pay & satisfie according
       to the tenour forme & effect of the said bill, & of this he putteth him
       self e upon the Countrey & the plaintiffe also. Whereupon comand
       is giuen to the Sheriffe of St Maryes County that he cause to come
       here twelve &c Afterwards to witt the two & twentieth day of ffebru
       ary aforesaid came the parties by their Attorneys aforesaid & the
       Jurors of that Jury likewise came to witt Tho: Cosden, Tho: Doxey,
       Henry Phippes, Tho: Bankes, John Askin, Tho: Potter, Tho: Patti
       son, Richard ifenwick, Philip Lynes, Tho: Keyting, Wm Thomas &
       Emanuel Ratcliffe who being impannelled Sumoned & sworne to
       say the truth in the prmisses upon their Oaths doe say we finde for
       the defendt Therefore itt is considered by the Court here that the
       said John Brooke recover against the said Wm Hanman the sume of