Provincial Court Proceedings, 1677.     55

       June 1674 by his certaine bill or writeing Obligatory Sealed with Liber N N
       the seale of him the said Peter & here in Court produced whose date
       is the day & yeare abovesaid did acknowledge himselfe to owe &
       stand indebted unto the said Benony the full & just summe of two
       thousand & foure hundred pounds of good sound merchantable to
       bacco in caske according to act of Assembly to be paid at his owne
       plantation scituate in the River & County aforesaid at or upon the
       tenth day of October next ensueing the date of the Same bill To
       which payment he bound himself his heirs executrs admrs & assignes
       well & truly to pay or cause to be paid the same to the said Benony
       his heirs executrs or assignes by those prsents Yet neverthelesse the
       said Peter the said summe of two thousand & foure hundred pounds
       of tobacco to him the said Benony according to the tenor of the said
       writeing Obligatory hath not paid but the same to pay hath denyed &
       yet doth deny to pay the same whereupon the said Benony saith he
       is dampnified & hath losse to the value of five thousand pounds of
       tobacco & thereupon he bringeth his suite.   P. 345
         Now here at this day to witt the sixth day of October Anno 1677
       Came the said Peter Sayer in his proper person & Saith that as to
       eleaven hundred sixty One pounds of tobacco part of the said
       Summe of two thousand foure hundred pounds of tobacco he hath
       paid as appeared by receipt endorsed on the said bill but as to twelve
       hundred thirty nine pounds the remainder he cannot gainsay for
       that he oweth the same to the said Benony Whereupon it is granted
       by the Court that the said Benony recover against the said Peter the
       summe of twelve hundred thirty nine pounds of tobacco the debt
       aforesaid together with pounds of tobacco costs of
       suite.

       Margarett Gittings admrx Abraham Rhodes late of St Maries County
         John Gittings otherwise called Abraham Rhodes of St
         agt            Maries County Carpenter was Sumoned
       Abraham Rhodesto answer unto Margaret Gittings admin
       istratrix of the goods & chattells Lands &
       Tenements of John Gittings deceased of a plea that he render unto
       her fourteene thousand pds of tobacco which from her he unjustly
       deteineth
         And whereupon the said Margaret by Robert Carvile her Attorny
       Saith that where the said Abraham upon the 13th of November An°
       Doth 1673 by his certaine bond or writeing Obligatory Sealed with
       the Seale of him the Said Abraham & here in Court produced whose
       date is the day & yeare abovesaid did confesse & acknowledge him
       selfe to Owe & Stand indebted to the said John Gittings in the full
       & just summe or quantity of fourteen thousand pounds of good
       Sound merchantable tobacco & caske to be paid to the said John
       Yet the said Abraham the said Summe of fourteene thousand pounds