Provincial Court Proceedings, 1677/8.    337

        testamt of the said Matthew the said sume of two thousand & foure Ljber N N
        pds of tob, to him the said Robert Ellys though often thereunto
        requested have not paid or satisfied, but the same to pay & satisfie
        have hitherto & still doth deny & refuse to the damage of the said
        Robert Ellys three thousand pounds of ton, & thereupon he bringeth
        his suite.
          And the said Mary Ward by Kenelm Cheseldyn her Attorney
        comes & defends the force & injury when &c and prayes liberty to
        imparle hereunto untill next Court & itt is granted unto her, the
        same day is given to both parties
          Now here att this day to witt the Eighteenth day of June in the
        third yeare of the Dominion of Charles Lord Baltemore &c Annoq3
        Dni 1678. came the said parties by their Attorneys aforesaid And
        the said Mary by her said Attorney saith, that as to fifteen hundred
        & thirteen pds of tobacco she is content that judgemt passe agt her
        as EXX aforesd Therefore itt is considered by the Court here, that the
        said Robert Ellis recover agt the Estate of the said Matthew Ward
        the aforesaid sume of ffifteen hundred & thirteen pds of tob damages
        occasioned by the trespas aforesaid As also five hundred sixty eight
        pds of tob costs of suite
        Peter Archer   .
           a     This action is continued by consent of the Attornys
           g Ion both sides, untill next Court
        Henry Cole
        Samuell CockRobert Graham & Ann his wife Exx of the
           agtlast Will & testament of George Macall de
        Robert Graham &     ceased were Sumoned to Answer unto Sam
        ux Exx Geo: Macall  uell Cock Wchant in a plea that they render
        unto him foure thousand two hundred & fifty
        pds of tobacco & cask which from him they unjustly detaine
          And whereupon the said Samuell Cock by Christopher Rousby his
        Attorney saith, that whereas the said George Macall the first day of
        July One thousand six hundred Seventy five by his certaine write- p. 572
        ing obligatory Sealed with the Seale of him the said George here in
        Court produced whose date is the same day & yeare above written
        did acknowledge himself e to be holden & firmly bound unto the said
        Samuell Cock in the full & just quantity of foure thousand two
        hundred & fifty pounds of good sound Wchantable tobacco & cask to
        be paid to the said Samuell Cock or to his certaine Attorney in
        some convenient place in St Maryes County att or before the tenth
        day of Octobr next ensueing the date thereof To which paymt well &
        truely to be made he the said George Macall did binde himselfe his
        heyres Exrs Admrs or assignes firmly by those prsents Notwith
        standing which the said George Macall in his lifetyme & the said
        Ann relict & Exx of the last Will & testamt of the said George after