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Provincial Court Proceedings, 1678/9. 133
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Attorney Execrs A dm™ nr assignee att some, convenient place in
St Maryes County aforesaid sometyme between the tenth day of
October next ensueing the date thereof & the tenth day of December
then next following To the which paymt well & truely to be made
he the said Thomas did binde himselfe his heyres Execrs & Admrs
firmly by those prsents Yett the said Thomas the said sume of foure
thousand fiue hundred seventy foure pounds of tobacco unto the
said Charles Calvert (now Lord Baron of Baltemore) hath not paid
though often thereunto required but the same to pay hath refused &
still doth refuse to the damage of the said Charles Lord Baron of
Baltemore Seven thousand pounds of tobacco Whereupon the said
Christopher Rousby who prosecuteth on this behalfe prayeth the
advisemt of the Court in the prmisses And the said Thomas may
come into Court to Answer in & upon the prmisses
And the said Thomas Wynne in his proper person cometh & de-
fendeth the force & injury when &c and saith that as to two thousand
pounds of tobacco part of the aforesaid Suine of foure thousand fiue
hundred Seventy foure pounds of tobacco he hath satisfied & paid
to the said Lord Propry And as to two thousand five hundred seventy
foure pounds of tobacco residue of the aforesaid Sume of foure
thousand fiue hundred Seventy foure pounds of tobacco he cannot
gainsay for that the same remaines due upon the recited writing
obligatory aforesaid Therefore itt is considered by the Court here
this day to witt the Eleventh day of March in the fourth yeare of his
said Lordpps Dominion &c Annoq Doni 1678 that the said Charles
Lord Baron of Baltemore recover against the said Thomas Wynne
the aforesaid Sume of two thousand fiue hundred seventy foure
pounds of tobacco debt As also five hundred sixty eight pounds of
tobacco costs of suite And the Defendt in mercy &c
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Liber N N
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Charles James
agt
Jonathan Sibrey
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Jonathan Sibrey high Sheriffe of Cecil County in
the Province aforesaid was Attached to Answer
unto Charles James of the same County in a plea
of trespas upon the case
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p. 796
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And whereupon the said Charles by Christopher Rousby his At-
torney complaineth, that whereas att a Provinciall Court of the
right Honble the Lord Propry of the said Province held for the said
Province att the City of St Maryes the sixth day of October One
thousand six hundred Seventy seven before the Justices of his said
Lordpp thereunto assigned in a certaine cause then & there depend-
ing between one Edward Pynn plaintiffe & the said Charles James
defendt in an action of trespas upon the case, upon the verdict of
twelve good & law full men of this Province then & there impan-
nelled & Sworne to try the cause aforesaid who found upon their said
Oaths for the said Defendt And that the said plaintiffe had no cause
of action Itt was considered by the said Justices that the said plain-
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