Provincial Court Proceedings, 1677/8.    397

        of two thousand nine hundred sixty three pounds of tobacco accord- Liber N N
        ing to the tenor of the said Bill obligatory hath not paid to him the p. 623
        said John Cuningham in his life tyme nor to the said Thomas Carlisle
        John Watson Wm Hatton & Robert Graham since his death Exrs of
        the last Will & testament of the said John Cuningham though often
        thereunto required, but the same to pay hitherto hath & still denies
        to the damage of the said Tho: Carlisle John Watson Robert Graham
        & Wm Hatton foure thousand pds of tobacco & thereupon they bring
        their suite
          And the said Tho: Keyting by Robert Carvile his Attorney com
        eth & defendeth the force & injury when &c & prayeth liberty to
        imparle hereunto untill next Provinciall Court & itt is granted unto
        him the same day is given to the plts also.
          Now here att this day to witt the seventeenth 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 Thomas Keyting saith nothing in barre or avoidance of the
        accon aforesaid of them the said Thomas Carlisle John Watson
        Wm Hatton & Robt Graham whereby the said plts remaine agt the
        said defendt thereof wholy undefended Therefore itt is considered
        by the Court here that the said Tho: Carlisle John Watson Wm Hat-
        ton & Robt Graham Exrs as aforesaid recover agt the said Tho:
        Keyting as well the sume of two thousand nine hundred sixty three
        pds of tobacco debt As also five hundred & sixty pds of tobacco costs
        of suite so that Execucon thereof cease untill the tenth day of Octobr
        next ensueing

       Cuninghams Exrs Thomas Wynne late of St Maryes County was
            agt Attached to answer unto Thomas Carlisle & John
      Thomas Wynne   Watson Exrs of the last will & testamt of John
                     Cuningham deceased in a plea of trespas upon
                             the case
          And whereupon the said Tho: Carlisle & John Watson by Ken-
        elm Cheseldyn their Attorney complaine, that whereas the said Tho:
        Wynne the twentieth day of July one thousand six hundred seventy
        six stood indebted unto the said John Cuningham the sume of two
        thousand nine hundred & twelve pounds of tobacco for & upon the
        acconipt of one Henry Ryder of St Maryes County, the said Thomas
        did assume upon himselfe & to the said John Cuningham did faith
        fully promise, that he the said Tho: the same when thereunto re
        quired would well & truely content & pay, Notwithstanding which
        the said Tho: Wynne the sume of two thousand nine hundred &
        twelve pds of tobacco to him the said John in his life tyme hath
        not paid nor to the said Tho: Carlisle & Jno Watson since his death
        though often thereunto required, but the same to pay hitherto hath
        & still doth deny to the damage of the said Tho: Carlisle & John