Provincial Court Proceedings, 1677.     59

         Now here at this day to wit the fourth day of October in the Liber N N
       Second yeare of his Lopps Dominion &c Annoq Doth 1677 Came
       the Said Thomas Smith in Open Court in his proper person & Saith
       nothing in barr or avoidance of the action aforesaid of him the said
       Thomas Ball in forme aforesaid against him brought Whereupon it
       is granted by the Court here that the said Thomas Ball recover
       against the said Thomas Smith aswell the said summe of fifteen
       pounds Sterling & five hundred twenty eight pounds of tobacco dam
       ages occasioned by the trespas aforesaid as also five hundred thirty
       Six pounds of tobacco costs of suite &c.


       Thomas Ball Thomas Smith late of St Maries County S loop
          agt man otherwise called Thomas Smith of St Maries
     Thomas Smith County planter was Suthoned to answer unto
                  Thomas Ball in a plea that he render unto him the
       summe of foure thousand pounds of tobacco which to him he oweth
       & unjustly deteineth.
         And whereupon the said Thomas Ball by Kenelm Cheseldyn his
       Attorny Saith that whereas the Said Thomas Smith the eightenth
       day of December in the yeare of Our Lord 167 did by his certaine
       writeing Obligatory Sealed with the Seale of the Said Thomas Smith
       here in Court produced whose date is the day & yeare abovesaid
       bind himselfe his heirs executrs admrs or assignes to pay or cause to
       be paid unto the said Thomas Ball his heirs executrs or assignes the
       full & just Summe of foure thousand pounds of good & Sound
       merchantable tobacco & caske to conteine the same to be paid in
       Wiccocomocco River or in some convenient place in Somersett
       County to be paid upon all demands betweene that & the last of
       March in the yeare of Our Lord 1676 notwithstanding which the said
       Thomas Smith. the Said Thomas Smith the Said Summe of foure
       thousand pounds of tobacco according to the tenor of his said write
       ing Obligatory hath not paid though often thereunto required but
       the same to pay hitherto hath & Still doth deny to pay to the damage
       of the said Thomas Ball the Summe of Six thousand pounds of
       tobacco And thereupon he bringeth his suite.
         Now here at this day to wit the fourth day of October Anno Doth
       1677 Came the Said Thomas Smith in his Proper person and saith
       nothing in barr or avoidance of the action aforesaid of him the said
       Thomas Ball whereupon the said Thomas Ball remaineth against the
       Said Thomas Smith thereupon wholly undefended Whereupon it is
       granted by the Court here that the said Thomas Ball recover agt the
       said Thomas Smith aswell the summe of foure thousand pounds of
       tobacco the debt aforesaid as also five hundred thirty six pds of
       tobacco costs of suite.