Provincial Court Proceedings, 1677.     81

          And the Said Thomas by John Jones his Attorny cometh & de- Liber N N
        fendeth the force and injury when &c and prayeth liberty to imparle
        hereunto untill the next Provinciall Court & it is granted unto him
        the Same day is given to the Said Joseph Pile.
          Att which said next Court to witt the fifth day of October in the
        yeare of Our Lord 1677 Came the Said Joseph Pile by his said At
        torny & offered himselfe against the said Thomas Hussey in the plea
        aforesaid but the said Thomas came not but made default Where
        upon it is granted by the Court That the Said Joseph Pile recover
        against the Said Thomas Hussey the said sume of twelve thousand
        foure hundred eight six pounds of tobacco the debts aforesaid to
        gether five hundred & sixty pounds of tobacco costs of suite & the
        Said Thomas Hussey in mercy.

        Mary Clements exrx John Cocke late of Caecil County otherwise
          Jno Clements called John Cocke of the County of Caecilius
          agt         in the Province aforesaid Planter was sum-
        John Cockeoned to answer unto Mary Clements executrix
        of the last will & Testament of John Clements
        of a plea that he render unto her Seaven thousand pounds of tobacco
        which from her he unjustly deteineth
          And whereupon the Said Mary by Robert Carvile her Attorny
        saith That whereas the said John Cocke the 14th day of July 1674
        by his certaine writeing Obligatory sealed with the seale of him the
        said John Cocke and here in Court produced whose date is the
        day and yeare abovewritten did acknowledge himselfe holden &
        firmly bounden unto the Said John Clements of the County of Ta!
        bott in the province aforesd or to his certaine Attorny his executrs
        admrs or assignes in the full & just quantity of Seaven thousand
        pounds of tobacco with caske To be paid upon his then dwelling
        plantacon in Sassafrax River to be paid at or by the tenth day of
        October which was in the yeare of Our Lord 1675 being in con
        sideration of two Servants then in hand received (at the time of the
        delivery of the said writeing) To the which payment well & truly
        to be made he did bind himself e his heirs executors & admrs firmly
        by those presents notwithstanding the said John Cocke the said
        summe of seaven thousand pounds of tobacco unto him the said
        John Clements in his life time nor to the said Mary since his death
        though often thereunto required hath not paid but the same to pay
        hitherto hath & still doth altogether deny to the damage of the said
        Mary Eight thousand pounds of tobacco and thereupon she bring
        eth her suite And the said Mary bringeth here into Court her Letters
        Testamentary by which it may appeare to the Court here she is
        executrix & hath right of administration &c.
          And the said John Cocke by Robert Ridgely his Attorny cometh
        & defendeth the force and injury when &c and prayeth liberty of