Provincial Court Proceedings, 1678/9. 93

for his false claime thereupon prosecuted And the aforesaid ffrancis
may goe thereof without day And that the said ffrancis Johnson may
recover against the said George Tyte the sume of Eighteen hundred
& ninety pounds of tobacco for his costs & charges by him about his
defence in this behalfe sustained, to the said ffrancis by the discre-
tion of the justices here adjudged And the aforesaid ffrancis may
have thereof Execucon.

Liber N N

Lord Prop^ry
ag^t
Geo: Wharton

Memorandum that att a Provinciall Court held the
Eleventh day of October, in the second yeare of the

Dominion of Charles absolute Lord & Prop^ry of the
Province of Maryland & Avalon &c here p^rsent in

Court Kenelm Cheseldyn Attorney Generall of the said Lord Prop^ry
in proper person who for the said Lord Prop^ry in this behalfe prose-
cuteth & exhibitteth to the Justices here a certaine Informacon
against George Wharton of Cecil County planter, thereby giveing
the Court here to understand & be informed
That whereas the said George Wharton in the yeare One thousand
six hundred Seventy foure, did by his certaine writeing obligatory
Sealed with the Seale of the said George here in Court produced
whose date is the same day & yeare above written, binde himselfe
his heyres or assigncs to pay or cause to be paid unto James Brown
of Salem in New England his heyres or assignes the full & just sume
of Seven hundred thirty two pounds of tobacco upon demand after
the tenth day of October next ensueing the date thereof And whereas
the said James Browne afterwards to witt the fifteenth day of
Novemb^r in the yeare of our Lord One thousand six hundred seventy
five was before Charles James gentl his Lordpps Coroner of Balte-
more County super visum Corporis lawfully found by the Oaths
of twelve men of the same County to be a felo de se and thereby to
have forfeited all his Goods & Chattells to the said Lord Prop^ry as
by the said Inquisicon upon Record doth appeare Yet neverthelesse
the said George Wharton not ignorant of the p^rmisses the said sume
of seven hundred thirty two pounds of tobacco to be forfeited as
aforesaid but endeavouring & fraudulently intending the said Lord

Prop^ry the said sume of seven hundred Thirty two pounds of tobacco
to deceive & defraud the same though often required hitherto hath
and still doth deny to pay to the damage of the said Lord Prop^ry two
thousand pounds of tobacco, & in contempt of his said Lordpp &
contrary to the Law, Whereupon the said Kenelm Attorney for the
said Lord Prop^ry prayeth advice upon the p^rmisses aforesaid, & that
the said George may come here in Court & answer the said Prop^ry
upon the same
And the said George Wharton by George Parker his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court & itt is granted

unto him, the same day is given to the plaintiffe also

p. 760