Provincial Court Proceedings, 1677/8.    399

        imparle hereunto untill next Provinciall Court & itt is granted unto Liber N N
        him, the same day is given to the pfl also
         Now here att this day to witt the Eighteenth 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 John by his said Attorney saith, he cannot gainsay but he
        is indebted to the said Marmaduke the sume of two thousand pds
        of tobacco part of the said sume of foure thousand pds of tobacco
        in the declaracon menconed Therefore itt is considered by the Court
        here, that the said Marmaduke Semme recover agt the said John
        Brooke the sume of two thousand pits of tobacco debt without costs
        of suite

        Richard Mitchell John Barnes of St Maryes Citty Innholder was
           agt attached to answer unto Richard Mitchell of a plea
        John Barnes of trespas of the case
                     And whereupon the said Richard by Wm Wil
        liams his Attorney saith That whereas the said John upon the fourth
        day of June in the yeare of our Lord one thousand six hundred
        seventy eight stood justly indebted to the said Richard in the full &
        just sume of twenty thousand eight hundred & fifty pounds of good
        tobacco & cask, he the Said John in consideracon thereof did assume p. 625
        upon himselfe & to the said Richard faithfully promise that he the
        said John the said sume of twenty thousand eight hundred & fifty
        pounds of tobacco to him the said Richard when he should be there-
        unto requested would well & truely satisfie & pay Yet notwithstanding
        the said John contrary to his promise aforesaid though often there-
        unto requested the said sume of twenty thousand eight hundred &
        fifty pounds of tobacco hath not paid to the said Richard but the
        same to pay hath hitherto & still doth deny to the damage of the
        said Richard thirty thousand pds of tobacco & thereupon he bringeth
        his suite
         And the said John by Robert Carvile his Attorney cometh &
        defends the force & injury when &c and saith he cannot say but he is
        indebted to the said Richard the said Sume of twenty thousand eight
        hundred & fifty pds of tobacco, & that he hath nothing to say in barr
        of the said action of the said Richard but that he should recover the
        said sume of twenty thousand eight hundred & fifty pds of tobacco
        agt the said John Therefore itt is considered by the Court here this
        day to witt the Eleventh day of June in the third yeare of the
        Dominion of Charles Lord Baltemore &c Annop Doni 1678. that
        the said Richard doe recover agt the said John the said sume of
        twenty thousand eight hundred & fifty pds of tobacco without costs,
        & that Execucon thereupon be stopped till the tenth day of October
        next And the said John in mercy &c
         I doe hereby appoint you to be my Attorney in the Provinciall