Provincial Court Proceedings, 1677/8.    197

         Nowhere att this day to witt the three & twentieth day of ffebruary Liber N N
        in the third yeare of the Dominion of Charles Lord Baltemore &c
        Annoq3 Doni 1677. came the said Wm Gittings by his Attorney afore
        said, & offered himselfe against the said Richard ifenwick in the
        plea aforesaid, but the said Richard came not but made default,
        Whereupon itt is granted by the Court here, that the said Wm Git
        tings recover against the Estate of the said Cuthbert ifenwick the
        sume of Eight thousand three hundred fifty two pounds of tobacco
        for the Value of the Goods Chattels & Cattle aforesaid And also
        seven hundred & foure pounds of tobacco costs of suite

        Edward Tarleton James Lewis late of St Maryes County planter
           agt otherwise called James Lewis of St Michaels Hun
        James Lewis    dred in the County of St Maryes was Sumoned to
        Answer unto Edward Tarleton of a plea that he
        render unto him the full & just sume or quantity of Sixteene hun
        dred pounds of good sound & Mrchantable tobacco & caske wch to
        him he oweth & unjustly detaineth
         And whereupon the said Edward by Robert Ridgely his Attorney
        saith, that whereas the said James the sixteenth day of January One
        thousand six hundred seventy foure by his certaine bill Obligatory
        sealed with the Seale of him the said James & here in Court pro
        duced, whose date is the day & yeare aforesaid, did acknowledge
        himselfe to be holden & firmly bound unto the said Edward in the
        full & just Sume or quantity of sixteene hundred pounds of good
        Mrchantable tobacco in caske, to pay or cause to be paid to him or to
        his heyres Exrs Admrs or to his certaine Attorney to be paid in some
        convenient place in the Hundred aforesaid att or upon the tenth
        day of Octobr next ensueing the date thereof, To the which pay
        ment well & truely to be made the said James did binde himselfe his
        heyres Exrs Admrs or assignes firmly by those prsents Notwithstand
        ing which the aforesaid James Lewis the said sume Of sixteen hun- p. 452
        dred pounds of tobacco to him the said Edward according to the
        tenor of the said writing obligatory Although often thereunto re
        quired hath not paid, but the same to pay hath denyed & as yet doth
        deny, whereupon the said Edward saith he is damnified & hath losse
        to the Value of two thousand pounds of tobacco, & thereupon he
        bringeth his suite.
         And the said James Lewis by Kenelm Cheseldyn his Attorney
        cometh & defendeth the force & injury when &c and prayeth liberty
        of speakeing hereunto untill next Court, the same day is given to
        both parties.
         Now here att this day to witt the three & twentieth day of ffebry
        in the third yeare of the Dominion of Charles Lord Baltemore &c
        Annoq Doni 1677. came the said parties by their Attorneys afore
        said And the said James Lewis saith nothing in barr or avoidance of