Provincial Court Proceedings, 1678/9. 113

hundred Seventy three did by his certaine writeing obligatory Sealed
with the Seale of the said Matthew here in Court produced whose date
is the same day & yeare abovesaid, did binde himselfe his heyres
Exec^rs Adm^rs to pay or cause to be paid unto his Excellency Charles
Calvert Esq^r Cap^t Gen^ll of Maryland now Lord & Prop^ry of the
Province aforesaid his certaine Attorney Ex^rs Adm^rs or assignes the
just Sume of One thousand pounds of tobacco sound & M^rchantable
in cask in some convenient place in Talbot County in & upon the
tenth day of Octob^r next Notwithstanding which the said Matthew
Warde in his life tyme the same hath not paid according to the tenour
of his writeing obligatory to the said Charles Calvert Esq^r Cap^t Gen^ll
as aforesaid now Lord Prop^ry of the Province of Maryland aforesaid,
nor the said Mary since his death Exec^x of the last Will & testam^t of
the said Matthew to the damage of the said Lord Prop^ry the sume
of three thousand pounds of tobacco Whereupon the said Kenelm
Attorney Gen" as aforesaid craveth advice in the p^rmisses, and that
the said Mary may come here into Court & answer in and upon the
same
And the said Mary Warde by Robert Carvile her Attorney cometh
& def endeth the force & injury when &c and prayeth liberty to imparle
hereunto untill next Provinciall Court & itt is granted unto her, the
same day is giuen to the plaintiff also

Now here att this day to witt the twelfth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c. Annoq
Doni 1678 cometh as well the said Kenelm Cheseldyn Attorney Gen^ll
and offereth himselfe against the said Mary Warde in the plea afore-
said, but the said Mary came not but made default Therefore itt is
considered by the Court here that the said Lord Prop^ry recover against
the Estate of the said Matthew Warde as well the aforesaid Sume
of One thousand pounds of tobacco debt As also ffive hundred Sixty
pounds of tobacco costs of suite And the Defend^t in mercy &c

Liber N N

John Hartweir
ag^t
Tho: Keyting

Thomas Keyting late of S^t Maryes County other-
wise called Thomas Keyting of S^t Maryes County

planter was Sumoned to Answer unto John Hart-
well in a plea that he render unto him the sume of

Nine thousand five hundred pounds of tobacco which to him ne
oweth & unjustly detaineth
And whereupon the said John by Kenelm Cheseldyn his Attorney
saith, that whereas the said Thomas Keyting the Seventeenth day
of May in the yeare of our Lord One thousand six hundred seventy
seven Did by his certaine writeing obligatory Sealed with the Seale
of the said Thomas here in Court produced whose date is the same
day & yeare abovesaid, acknowledge himselfe holden & firmly bound
unto John Hartwell of Charles County in the Province aforesaid
M^rchant Taylor to his certaine Attorney his heyres Exec^rs Adm^rs &

p. 778