Provincial Court Proceedings, 1679. 245

three hundred & seven pounds of good sound M^rchantable tobacco
in caske which to him he oweth & unjustly doth detaine
And whereupon the said W^m Doning by Robert Ridgely his
Attorney saith, that whereas the said John Brooke upon the fifth day
of July Annoq} Doni One thousand six hundred Seventy & Eight by
his certaine bill or writeing obligatory sealed with the Seale of him
the said John & here in Court produced whose date is the day &
yeare first above written, did acknowledge himselfe to owe & stand
justly indebted unto W^m Doning of the City of Bristoll M^rchant in
the full & just Sume of Eighteen thousand three hundred & Seven
pounds of good sound M^rchantable tobacco in caske to be paid con-
venient in little Choptank river in the County aforesaid att or
before the tenth day of October next ensuing the date thereof to
the said W^m Doning his law full Attorney his Exec^rs Adm^rs or
assignes To which payment well & truely to be made the said John
Brooke did binde himselfe his Exec^rs & Adm^rs firmly by the said bill
Notw^thstanding which the said John Brooke though often thereunto

Liber N N

required the said sume of Eighteen thousand three Hundred & Seven
pounds of tobacco to the said W^m Doning according to the tenour
forme & effect of his said bill hath not paid nor satisfied, but the
same to pay hitherto hath denyed & still doth deny, whereupon the
said Williams Doning saith he is damnified & hath losse to the
value of twenty five thousand pounds of tobacco & thereupon he
bringeth his suite.
And the said John Brooke by Charles Boteler his Attorney com-
eth & defendeth the force & injury when &c and prayeth liberty to
imparle hereunto untill next Provintiall Court & itt is granted unto
him, the same day is given to the plaintiffe also
Att which said next Provintiall Court came the said parties by
their Attorneys aforesaid And the said John Brooke by his said
Attorney saith, that the said W^m Doning his action aforesaid against
him the said John Brooke ought not to have, for the said bill or
writeing obligatory is not the deed of the said John And of this he
putts himselfe upon the Countrey. And the said W^m Doning saith,
that he by any thing before alleadged ought not to be barred from
haveing his action aforesaid because he saith that the writeing obliga-
tory aforesaid is the Act & deed of the said Defend^t And this he
prayes may be enquired by the Countrey, whereupon day is given
to both parties untill next Provintiall Court.
Now here att this day to witt the Eleventh day of Octob^r in the
fourth yeare of the Dominion of the Right Hon^ble Charles Lord
Baltemore &c Annoq Doni 1679 came as well the said plaintiffe as
the said Defend^t by their Attorneys aforesaid And the said Defend^t
by his said Attorney saith, As to three thousand pounds of tobacco
part of the debt in the Declaracon menconed he hath satisfied & paid
unto the said W^m Doning And as to fifteen thousand three hundred

p. 899