364      Provincial Court Proceedings, 1677/8.

              Liber     N N James Whetcomb Charles Ballard & Henry Smith late of Somrsett
                 p. 595 agt County otherwise called Charles Ballard & Henry
                    Charles Ballard & Smith both of Somrsett County in the Province
                    Henry Smith of Maryland were Sumoned to Answer unto
                                 James Whetcombe Mrchant in a plea that they
                    render unto him Nine thousand Eight hundred pds of tob & cask
                    which to him they owe & unjustly detaine.
                      And whereupon the said James Whetcomb by Christopher Rousby
                    his Attorney saith, that whereas the said Charles Ballard & Henry
                    Smith the ninth day of ffebruary one thousand six hundred seventy
                    five by their certaine writeing obligatory sealed with the Seales of
                    them the said Charles & Henry here in Court produced whose date
                    the same day & yeare above written, did binde themselves their
                    heyres Exrs & Admrs joyntly & severally to pay unto the said James
                    Whetcomb his heyres Exrs Adrs & assignes or certaine Attorney the
                    just & full quantity of nine thousand eight hundred pounds of good
                    sound Mrchantable tob in caske att or upon the tenth day of Octobr
                    then next ensueing the date thereof convenient in Somrsett County
                    aforesaid Yet notwithstanding the said Charles & Henry the said
                    nine thousand Eight hundred pds of tob & cask unto him the said
                    James Whetcombe though often thereunto required have not paid
                    nor either of them hath paid, but the same to pay have denyed &
                    each of them still doth altogether deny, whereupon the said James
                    saith he is damnified & hath losse to the Value of twelve thousand
                    pds of tobacco & thereupon he brings his suite
                      And the said Charles Ballard & Henry Smith by Robert Ridgely
                    their Attorney come & defend the force & injury when &c and pray
                    liberty to imparle hereunto untill next Provinciall Court & itt is
                    granted unto them, the same day is given to the plaintiffe also
                      Now here att this day to witt the ffifteenth day of June in the
                    third yeare of the Dominion of Charles Lord Baltemore &c Annoq
                    Doni 1678 came the said parties by their Attorneys aforesaid And
                    the said Charles & Henry by their said Attorney say, that as to f our-
                    teen hundred twenty two pounds of tobacco part of the said Sume
                    of nine thousand eight hundred ptts of tobacco in the declaracon
                    above specified they cannot gainsay for that they owe the same unto
                    the said James Whetcombe. the remainder of the said debt being
                    Eight thousand three hundred seventy eight pds of tobacco being
                    allready satisfied & paid Therefore itt is granted by the Court here
                    that the said James Whetcombe recover agt the said Charles Ballard
                    & Henry Smith as well the sume of fourteen hundred twenty two
                    pds of tobacco debt As also five hundred sixty eight pd of tobacco
                    costs of suite