398      Provincial Court Proceedings, 1677/8.

            Liber N N  Watson three thousand pds of tobacco & thereupon they bring their
                   suite And the said Tho: & John bring here in Court the letters testa
                   mentory of him the said John Cuningham that itt may appeare to the
                   Court here that they are Exrs of the said Cuningham
                     And the said Thomas Wynne in his proper person cometh and
                   defendeth the force & injury when &c and saith that he is content
                   that judgemt be entred up agt him for the said sume of two thousand
                   nine hundred & twelve pounds of tobacco in the above declaracOn
                   menconed therefore itt is granted by the Court here this day to witt
                   the Seventeenth day of June in the third yeare of the Dominion of
                   Charles Lord Baltemore &c Annoq Doni 1678. that the said Tho:
               p. 624  Carlisle & John Watson Exrs as Aforesaid recover agt the said
                   Thomas Wynne aswell the sume of two thousand nine hundred &
                   twelve pds of tobacco damages occasioned by the trespas aforesaid
                   As also five hundred forty foure ptts of tobacco costs of suite

                   Marmaduke Semme John Brooke late of Dorchister County other
                      agt wise called John Brooke of Dorchister County
                   John BrookeChirurgion was Sumoned to answer unto
                   Marmaduke Semme in a plea that he render
                   unto him the sume of foure thousand pds of tobacco which to him
                   he oweth & unjustly detaineth.
                     And whereupon the said Marmaduke by Kenelm Cheseldyn his
                   Attorney saith, that whereas the said John Brooke the one & twen
                   tieth day of April in the yeare of our Lord one thousand six hun
                   dred seventy seven did by his certaine writeing obligatory sealed
                   with the scale of the said John here in Court produced whose date
                   is the same day a yeare above written, acknowledge himselfe holden
                   & firmly bounden unto Marmaduke Semme of the County of St
                   Maryes in the Province aforesaid Inholder in the full & just Sume
                   of two thousand pounds of good sound Mrchantable tobacco in cask
                   for a Valuable consideracon received by me in hand to be paid to
                   the said Marmaduke Semme or to his certaine Attorney his heyres
                   Exrs Admrs or assignes in Calvert County in the said Province
                   convenient for shipping upon all demands To the which paymt well
                   & truely to be made he did binde himselfe his heyres Exrs Admrs in
                   the penall sume of foure thousand pds of like good sound merchant
                   able tobacco in cask by himselfe & for himself e in the whole & for
                   the whole firmly by those prsents Notwithstanding which the said
                   John the said sume of foure thousand pds of tobacco according to
                   the tenor of his said writeing obligatory hath not paid to him the said
                   Marmaduke but the same to pay hitherto hath & still doth deny to
                   the damage of the said Marmaduke foure thousand five hundred
                   pounds of tobacco & thereupon he bringeth his suite
                     And the said John Brooke by Christopher Rousby his Attorney
                   cometh & defendeth the force & injury when &c & prayeth liberty to