92        Provincial Court Proceedings, 1677.

             Liber N N Whereupon the said Elizabeth by George Thompson her Attorny
                    Saith that the said John at divers dayes & times vizt from the tenth
                    day of ffebruary in the yeare of Our Lord One thousand six hundred
                    Seventy three untill the fiftenth day of the said month & yeare had
                    and received of him the Said Charles at the house of the Said
                    Charles at the Citty of St Maries in the County of st Maries necessary
                    accomodations a particular whereof is here in Court produced the
                    which in the whole amounteth to the Summe of Eight hundred forty
                    two pounds of tobacco In consideration whereof the Said John as
                    sumed upon himselfe and to the said Charles faithfully did prom
                    ise that he the said John the said summe of Eight hundred forty
                    two pounds of tobacco as aforesaid unto him the said Charles when
                    thereunto required would well and truly content & pay notwithstand
                    ing the said John the Said Summe of Eighth hundred forty two
                    pounds of tobacco as aforesaid according to his promise though often
                    thereunto required hath not paid unto him the said Charles in his
                    life time nor to the Said Elizabeth after the death of the said Charles
                    hath not rendered but the same to them to render content & pay
                    hath refused and the Same to the Said Elizabeth to pay hitherto hath
                    & Still doth altogether deny & refuse Whereupon the said Elizabeth
                    saith she is dampnified & hath damage to the value of fifteen pounds
                    of tobacco And thereupon she brings her action
                p.  370 And the said Elizabeth brings here into Court the Letters Testa
                    mentary of the said Charles by which it is Sufficiently manifest to
                    the Court here the aforesaid Elizabeth to be the Executrix of the
                    aforesaid Charles of his last Will & Testament aforesaid and there
                    upon to have administration.
                      And the Said John by Robert Carvile his Attorny cometh & de
                    fendeth the force and injury when &c and Saith he did not assume
                    upon himselfe & to the said Charles make such promise as the said
                    Elizabeth hath above imposed upon him & of this he putts himselfe
                    upon the Country. Whereupon the Said Elizabeth by her Attorny
                    prayed day untill the next Court & it is granted her the same day is
                    given to the Said John Allen.
                      Now here at this day to witt the Eighth day of October in the
                    SecOnd yeare of the Dominion of Charles Lord Baltemore &c Annop
                    Doth One thousand six hundred Seventy Seaven Came the Said
                    Elizabeth by her Attorny but the said John Allen came not but made
                    default. Whereupon it is granted by the Court here That the Said
                    Elizabeth recover against the said John Allen aswell the summe of
                    Eight hundred forty two pounds of tobacco damages occasioned by
                    the trespas aforesaid as also the Summe of pounds
                    of tobacco costs of suite.