400       Provincial Court Proceedings, 1677/8.

             Liber N N  Court att the suite of Richard Mitchell Mrchant, & to accept of a
                    declaracon & thereto plead & confesse judgemt for the sume of twenty
                    thousand eight hundred & fifty pounds of tobacco without costs of
                    suite And for your soe doeing this shall be yor sufficient warrant
                    As wittnes my hand & seale this fourth day of June Anno Doni 1678.
                    To Robert Carvile one the Attorneys Jno Barnes (sealed)
                     of the Provinciall Court or any
                      other Attorney of the said Court.
                       Sealed & detd in the prsence of
                            Ro: Carvile Jno Dalton

                    Tho:     Simpson John Saunders late of Charles County otherwise
                        agt called Jno Saunders of Charles County in the Prov
                  John Saunders   ince aforesaid Mrchant was Sumoned to Answer
                               unto Thomas Simpson of a plea that he render unto
                    him foure thousand Eight hundred twenty & three pds of tobacco
                    which to him he owes & unjustly detaines
                     And whereupon the said Thomas Simpson by Christopher Rousby
                    his Attorney saith, that whereas the said John Saunders the third
                    day of May anno one thousand six hundred seventy seven by his cer
                    tame writeing obligatory sealed with the Seale of him the said John
                    here in Court produced whose date is the same day & yeare above
                    written did acknowledge himselfe to owe & be indebted unto him the
                    said Thomas Simpson in the just quantity of foure thousand eight
                    hundred twenty & three pds of tobacco in cask to be paid to the said
                    Tho: Simpson or to his heyres Exrs Adrs or assignes convenient in
                    Charles County att or upon the tenth day of Octobr next ensueing
                    the date thereof To the which paymt well & truely to be made he the
                p. 626  said John Saunders did binde himselfe His heyres ExT5 Admrs &
                    assignes firmly by those prseflts Nevertheles the said John Saunders
                    the said sume of foure thousand Eight hundred twenty three pds of
                    tobacco unto him the said Tho: Simpson though often thereunto
                    required hath not paid, but the same to pay altogether refuseth,
                    whereupon the said Tho: Simpson saith he is the worse & hath losse
                    to the Value of seven thousand pds of tobacco & thereupon he
                    bringeth his suite
                     And the said John Saunders in his proper person comes & defends
                    the force & injury when &c and saith that he hath nothing to say in
                    barre or avoidance of the action aforesaid of him the said Thomas
                    Simpson, for that he is indebted unto him the said Thomas in the said
                    sume of foure thousand eight hundred twenty three pds of tobacco
                    Therefore itt is considered by the Court here the twelfth day of
                    June 1678 that the said Thomas Simpson recover agt the said John
                    Saunders as well the sume of foure thousand eight hundred twenty
                    three pds of tob debt As alsopds of tob costs
                    of suite.