Provincial Court Proceedings, 1679. 191

unto Isaac Merrit[t] of London M^rchant in the full & neat quantity
of two thousand seven hundred & thirty pounds of good sound
M^rchantable & well condiconed tobacco & cask to containe the same
to be paid to Richard Johns of Calvert County planter or to his
order for the proper use & behoofe of the said Isaac Merritt his
heyres Exec^rs Adm^rs & assignes conveniently in the said County of
Talbot upon the tenth day of November next ensueing the date of
the said bill or writeing obligatory To the which paym^t well & truely
to be made & done he the said W^m Hemsley did binde himselfe his
heyres Ex" and Adm^rs firmly by those p^rsents Notwithstanding
which the said W^m Hemsley the said full & neat quantity of two
thousand seven hundred & thirty pounds of tobacco & cask unto the
said Richard Johns or his order for the proper use & behoofe of the
said Isaac Merritt according to the tenour of the said bill or writing
obligatory though often thereunto required hath not paid, but the
same to pay hath altogether denyed & refused & still doth deny &
refuse, whereupon the said Isaac saith that he is damnified & hath
losse to the Value of ffive thousands pounds of tobacco & thereupon
he bringeth his suite &c
And the said W^m Hemsley in his proper person doth come &
defend the force & injury when &c and saith nothing in barr of the
action of the aforesaid Isaac Merritt, whereby the said Isaac remain-
eth against the said W^m thereof wholy undefended Therefore itt is
granted by the Court this day to witt the fifth day of June in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1679 that the said Isaac Merritt recover against the said
W^m Hemsley the aforesaid Sume of two thousand seven hundred &
thirty pounds of tobacco debt And also five hundred fifty two pounds
of tobacco costs of suite And the Defend^t in mercy &c

Liber N N

John Machen
ag^t
W^m Chandler

William Chandler gentt High Sheriffe of the County
of Charles County was Attached to Answer unto
John Machen M^rchant of a plea of trespas on the
case.

And whereupon the said John Machen by George Parker his At-
torney complaineth, that whereas one John Sanders late of Bristoll
M^rchant the Seventh day of Septemb^r in the yeare of our Lord one
thousand six hundred Seventy six by his certaine writing obligatory
was bound & firmly obliged unto the said John Machen in the Sume
of ffoure hundred pounds of currant And lawfull money of Eng-
land for the true paym^t of two hundred pounds of like lawfull
money of England to be paid to the said John Machen or to his
Exec^rs Adm^rs or assignes att or upon the tenth day of April then
next ensueing the date of the said bill obligatory And for the true
performance thereof the said John Sanders did thereby binde him-
selfe his Exec^rs Adm^rs & assignes firmly by those p^rsents, as by the

p. 848