Provincial Court Proceedings, 1677/8.    189

       Edwd Inglish   Thomas Bennet late of St Maryes County Liber N N
       Admr Roger Thorpe planter otherwise called Thomas Bennet of
        agt           the County of St Maryes in the Province of
       Tho: BennetMaryland was Summoned to Answer unto
       Edward Inglish Admr of all & singuler the
       Goods Chattels & creditts which were of Roger Thorpe deceased of
       a plea that he render unto him the full & just Sume of five thousand
       six hundred & thirty pounds of good sound leafe tobacco & sufficient
       caske to containe the same which from him he unjustly detaineth
         And whereupon the said Edward by Robert Ridgely his Attorney
       saith, that whereas the said Thomas the two & twentieth day of
       June One thousand six hundred seventy six by his certaine bill obliga
       tory sealed with the Seale of him the said Thomas & here in Court
       produced whose date is the day & yeare aforesaid, did binde him
       self e to pay or cause to be paid unto the said Roger or his Exrs or
       assignes or lawfull Attorney the full & just Sume of five thousand
       six hundred & thirty pounds of good sound leafe tobacco and suffi
       cient caske to containe the same, to be paid either in St Maryes or
       Cecil County, att or before the tenth day of Novembr next ensueing
       the date of the same bill obligatory To the which payment well &
       truely to be made & performed, the said Thomas did binde him
       selfe his Exrs Admrs or assignes firmly by those prsents Notwith
       standing which the said Thomas Bennet the said sume of five thou
       sand six hundred & thirty pounds of tobacco to him the said Roger
       in his life tyme, nor to the said Edward since his death to whom
       Admcon Of all & singuler the Goods Chattels rights & creditts of the P. 445
       said Roger since his death hath bin comitted, though often thereunto
       required according to the tenour of the said bill Obligatory hath not
       paid, but the same to pay hath denyed & as yet doth deny, where
       upon the said Edward saith he is damnified & hath losse to the Value
       of six thousand pounds of tobacco & thereupon he bringeth his suite
       And the said Edward bringeth into Court here the letters of Admcon
       to him granted of the Estate of the said Roger, that itt may appeare
       to the Court here that thereof he hath the Admcon.
         And the said Thomas Bennet by Kenelm Cheseldyn his Attorney
       cometh & defendeth the force & injury when &c and prayeth liberty
       of speakeing hereunto next Court, & itt is granted him, the same
       day is given to the said Edward also.
         Now here att this day to witt the three & twentieth day of ffebru
       ary in the third yeare of the dominion of Charles Lord Baltemore &c
       Annoq3 Doni 1677. came the said Edward Inglish by his Attorney
       aforesaid, & offered himselfe against the said Thomas Bennet in the
       plea aforesaid, but the said Thomas came not but made default
       Therefore itt is considered by the Court here, that the said plaintiffe
       recover against against the said Defendt the aforesaid debt of five