Provincial Court Proceedings, 1677/8.    443

        Jonathan Sibrey James Mills Exr of the last Will & Testamt of Liber N N
             agt Samuel Boston decd was Sumoned to answer unto
         James Mills Exr Jonathan Sibrey of a plea that he render unto
         Samuel Boston him tenn thousand pounds of tobacco which to
                 him he oweth & unjustly detaineth
          And whereupon the said Jonathan by Robert Carvile his Attorney
         saith that whereas the said Samuell in his life tyme that is to say
         upon the fourteenth day of Novembr one thousand six hundred sev
         enty six by his certaine bond or writeing obligatory Sealed with the
         seale of him the said Samuell & here in Court produced whose date
         is the day & yeare abovesaid did confesse & acknowledge himselfe
         tn owe sthnd indebted to the said Jonathan in the quantity of tenn
         thousand pounds of good sound Mrchantable tobacco to be paid
         to the said Jonathan, to which payment he bound himselfe his Exrs
         & AdmT8 Yet the said Samuel in his life tyme or the said James
         Mills since his death the said sume of tenn thousand pounds of
         tobacco to him the said Jonathan though often thereunto requested
         hath not paid, but the same to pay have hitherto denyed & still doe
         deny to the damage of the said Jonathan fifteen thousand pounds of
         tobacco & thereupon he bringeth his suite
          And the said James Mills by Kenelm Cheseldyn his Attorney
         cometh & defendeth the force & injury when &c & prayeth the hear
         ing of the said Obligation & itt is read unto him, he also prayeth
         hearing of the Condicon of the said writeing & itt is read unto him
         in these words The Condicon of this Obligacon is such, that if the
         above bound Samuell Boston doe & shall make his appearance att
         the next Court to be held for Cecil County being the third tuesday
         of this instant Novembr to answer the suite of John Desiardine in
         an accon of trespas of the case That then this Obligacon to be void
         or else to remaine in full force & vertue Which being read & heard
         the said James Mills by his Attorney aforesaid prayeth liberty to
         imparle hereunto untill next Provinciall Courtt & itt is granted unto
         him, the same day is given to the plaintiffe also.
          Now here att this day to witt the ffif teen day of June in the third
         yeare of the Dominion of Charles Lord Baltemore &c Annoq Dni
         1678. came the said parties by their Attorneys aforesaid, & the said
         James Mills by his said Attorney saith, that the said Jonathan Sibrey
         ought not to have his action against him, for that the said writeing
         obligatory menconed in the declaracon of the said Jonathan was
         delivered unto the said Jonathan by the said Boston for his appear
         ance as the said Jonathan was Sheriffe of Cecil County, & not as
         any proper debt due unto the said Jonathan from him the said
         Samuel, neither hath the said Jonathan bin any manner of wayes
         damnified & this he is ready to averr And the said plaintiffe refused
         to make any further Prosecution against the said James Mills in p. 662
         the plea aforesaid, whereupon a Nonsuite is awarded against him