454      Provincial Court Proceedings, 1677/8.

           Liber N N  fifteen pounds of such like sound Mrchantable tobacco & cask as
                  abovesaid And also att such convenient place as abovesaid att or
                  upon the two & twentieth day of this instant April That then this
                  Obligacon to be void & of none or else to stand & remaine in full
                  force & Vertue Which being read and heard the said Robert by his
                  Attorney aforesaid saith that as to thirty eight thousand foure hun
                  dred & fifteen pounds of tobacco in the Condicon of the above
                  Ob!igacon menconed he cannot gainsay, for that he oweth the said
                  sume to the said William, & is content that judgemt passe against
                  him for the same Therefore itt is considered by the Court here
                  that the said Wm Burges recover against the said Robert ffrancklin
                  the aforesaid sume of thirty Eight thousand foure hundred & fifteen
                  pds of tobacco debt As also pounds of tobacco costs
                  of suite. And the said Robert in mercy~judgemt June 11th 1678
                    Whereas Colonell William Burges hath sued a Writt of debt out
                  of his Lordpps Provinciall Court against me Robert ffrancklin of
                  Ann Arundell County for Seventy seven thousand pounds of to
                  bacco These are to request you to appeare for me & to take & receive
                  his Declaracon And thereupon to confesse judgemt by non sum in
                  formatus nihil dicit or otherwise as you shall think fitt for the sume
                  of thirty eight thousand foure hundred & fifteen pounds of tobacco
                  & cask And for yor so doeing this shall be yor sufficient warrant
               p. 672 In this behalfe wittnes my hand & Seale the tenth day of April Annoq
                  Doni 1678.                 Robt ffrancklin (scale)
                  To Mr George Parker or Mr Tho: Bland
                  Attorneys of the Provinciall Court
                  Sealed & deld in the prsence of
                  Tho:     Taillor Henry Hanslaps

                  Richard Bankes Comand was given to the Sheriffe of Calvert
                      agt County that he take Henry Jowles & Sybill his
                  Henry Jowles &     wife Execx of the last Will & testament of Wm
                  ux Exx of Wm  Groome deceased if they should be found in his
                  Groomebailywick & them safe to keep so that he have their
                  bodyes here the Eleventh day of June in the third
                  yeare of the Dominion of Charles Lord Baltemore &c Annocp Doni
                  1678. to answer unto Richard Bankes in a plea of trespas upon the
                  case Att which said Eleventh day of June the same Sheriffe made
                  returne of the writt aforesaid, that he had taken the said Henry &
                  Sibill whose bodyes he had as by the same writt he was required
                    Afterwards to witt the twelfth day of June in the yeare aforesaid
                  came the said Richard Bankes by Christopher Rousby his Attorney
                  And the said Henry Jowles & Sybill his wife by George Parker
                  their Attorney likewise came And the Defendts by their Attorney
                  aforesaid informed the Court that the plaintiffe is a fforreignr &