Provincial Court Proceedings, 1677/8.    391

           And the said Garret VanSweringen by Robert Carvile his At- Liber N N
         torney cometh & defendeth the force & injury when &c & prayeth
         liberty to Imparle hereunto untill next Provinciall Court & itt is p. 618
         granted unto him the same day is given to the plt also
           Now here att this day to witt the thirteenth day of June in the
         third yeare of the Dominion of Charles Lord Baltemore &c Annoq3
         Doni 1678. came the said George Markes by his Attorney aforesaid
         & the said Garret VanSweringen in his proper person came also And
         the said Garret saith nothing in barr or avoidance of the action afore-
         said of him the said George Markes, whereby the said George re-
         maineth agt the said Garret thereof wholy undefended Therefore
         itt is considered by the Court here that the said George Markes
         recover agt the said Garret VanSweringen as well the sume of seven
         thousand foure hundred pds of tobacco debt As also five hundred
         thirty six pds of tobacco costs of suite
         George MarkesGarret VanSweringen Admr of all & singuler
             agtthe Goods Chattels rights & creditts which
         G VSweringen Admr were of John Deery deceased was Sumoned
         John Deery to answer unto George Markes of a plea that
                        he render unto him the just & neat quantity
         of foure thousand three hundred sixty & one pounds of good sound
         Wchantable tobacco & cask which from him he unjustly detaineth
           And whereupon the said George Markes by Robert Ridgely his
         Attorney saith, that whereas the said John Deery in his life tyme
         to witt the twenty fourth day of September one thousand six hun-
         dred seventy seven by his certaine bill obligatory sealed with the
         seale of the said John & here in Court produced whose date is the
         day and yeare aforesaid, did acknowledge & confesse himself e to be
         oweing & stand justly indebted unto George Markes of Port Royall
         in Jamaica Marryner in the just & neat quantity of foure thousand
         three hundred sixty & one pounds of good sound Wchantable tobacco
         & cask to be paid unto the abovesaid George Markes his heyres Exts
         Admrs or assignes on all demands in some convenient Plantacons in
         St Maryes County to the true performance whereof the abovesaid
         John Deery did thereby binde himselfe his heyres ExT5 Admrs &
         assignes firmly by those ptsents, Notwithstanding which the said
         Tohn Deery in his lifetyme nor the said Garret VanSweringen since
         his death to whom Admcon of all & singuher the Goods Chattells
         rights & creditts which were of the said John Derry in his life tyme
         since his death hath bin comitted, the said sume of foure thousand
         three hundred sixty & one pds of tobacco to him the said George
         Markes according to the tenor of the said bill obligatory although
         often thereunto required hath not paid, but the same to pay hath
         refused & denyed & to pay the same as yet doth refuse & deny, where-
         upon the said George Markes saith he is damnified & hath losse to