Provincial Court Proceedings, 1678/9. 105

the said John Jones deceased ought not to Answer, because he saith,
that by a certaine Act of Assembly of this Province made & En-
acted att an Assembly held att the City of S^t Maryes the fifteenth
day of May One thousand six hundred Seventy six itt was amongst
other things Enacted & ordained, that from & after the publicacon
thereof no action for a booke debt or upon a plaine bill for or under
the surfie of fifteen hundred pounds of tobacco & cask should from
thenceforth be comenced or Prosecuted against any Inhabitant of
this Province in the Provinciall Court as by the same Act relation
being thereunto had more fully & more att large itt doth & may
appeare And the said Marke saith that the said Act of Assembly is
still in force in this Province And that the said supposed debt of
one thousand pounds of tobacco sued for by the said plaintiffe as
Exec^r aforesaid is upon a plaine bill & within the compas of the same
Act, & this he is ready to averr, whereupon he prayes Judgem^t if the
Court here will or ought any further to hold or Justifie the said
plaint of the said plaintiffe as Ex^r as aforesaid upon the said plaine
bill for One thousand pounds of tobacco ag^t the said Marke Cordea
Whereupon day is further giuen unto both parties untill next Pro-
vinciall Court.
Now here att this day to witt the thirteenth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 cometh as well the said plaintiffe as the said Defend^t
by their Attorneys aforesaid And the said Marke Cordea by his said
Attorney relinquisheth his plea aforesaid & saith that he cannot
gainsay the said action of the said Kenelm, for that he hath not paid
to the said John Jones in his life tyme nor to the said Kenelm
Ex^r as aforesaid the said Sume of One thousand pounds of tobacco
according to the tenour of the aforesaid bill & in discharge thereof
Therefore itt is considered that the said Kenelm Cheseldyn Exec^r as
aforesaid recover against the said Marke Cordea the aforesaid sume
of one thousand pounds of tobacco debt As also without ~

pound of tobacco costs of suite And the defend' in mercy

Liber N N

Cuninghams Ex^rs
ag^t
Tho: Bennet

Thomas Bennet of S^t Maryes County otherwise
called Tho: Bennet of Westons Creek in the
County of S^t Maryes in the Province of Mary- p. 771
land was Sumoned to Answer unto Thomas