Provincial Court Proceedings, 1677/8.    447

          Wm  Hemsley Mary Roe Exx of the last Will & testamt of Edward Liber N N
            agt Roe deceased was Sumoned to Answer unto Wm
         Mary Roe Exx Hemsley in a plea that she render unto him the full
         Edward Roe or just quantity of tenn thousand pounds of tobacco
             & cask wch from him she unjustly detaineth
          And whereupon the said Wm by John Rousby his Attorney saith
         that whereas the said Edward Roe in his life tyme to witt the six
         teenth day of June One thousand six hundred Seventy five by his
         certaine bill or writeing obligatory Sealed with the Seale of him the
         said Edward & here in Court produced whose date is the day & yeare
         abovesaid did acknowledge himselfe to owe & stand justly indebted
         unto the said Wm Hemsley the full & just quantity of tenn thou
         sand pounds of tobacco & caske to containe the same according to
         the late Act of Assembly wch tobacco was to be paid on the tenth day
         of Octobr then next ensueing att some convenient place in Talbot
         County To which payment well & truely to be made the said Edward
         Roe did binde himselfe his heyres Exrs & Admistrs firmly by those
         prseflts Yet neverthelesse the said Edward Roe in his life tyme nor
         the said Mary since his death the said sume of tenn thousand pounds
         Tobacco to the said Wm Hemsley according to the tenor of the said p. 665
         writeing obligatory though often thereunto requested hath not paid,
         but the same to pay hath denyed & yet doth deny to the damage of
         the said wm Hemsley twenty thousand pounds of tobacco
          And the said Mary Roe by Robert Carvile her Attorney cometh
         & defendeth the force & injury when &c and prayeth liberty to im
         parle hereunto untill next Provinciall Court & itt is granted unto
         her, the same day is given to the plt also
          Att which said next Provinciall Court 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 partyes by their
         Attorneys aforesaid And the said Mary by her said Attorney saith
         that as to Nine thousand two hundred thirty Seven pounds of tobacco
         she cannot gainsay for that the same remaines due upon the bill
         aforesaid And as to Seven hundred sixty & three pounds of tobacco
         she hath satisfied & paid the same Therefore itt is considered by the
         Court here That the said Wm Hemsley recover agt the said Mary
         Roe Execx as aforesaid as well the sume of nine thousand two
         hundred thirty seven pounds of tobacco debt As also
         pounds of tobacco costs of suite So that Execucon thereof cease
         untill the tenth day of October next

          Upon the peticon of Thomas Innes, that he stood indebted unto
         Mr John Manley Clerke of St Maryes County Court for ffees the
         sume of three hundred thirty two pounds of tobacco which the
         Sheriffe was ordered to receive That the peticonr drew a noat on
         Mr Walter Hall for the paymt thereof which was underwritt ac