Provincial Court Proceedings, 1679/80. 143

thousand eight hundred pounds of tobacco w^ch ffrom him they un-
justly Detaine
And whereupon the said Samuell by Robert Carvile his Attorney
saith that whereas the said Henry upon the twentieth day of Aprill
in the yeare of our Lord 1675 by his certaine bill or writeing obliga-
tory sealed with the seale of him the said Henry and here in Court
produced, whose date is the day and yeare above written Did binde
himselfe his Executors Adm^rs to pay or cause to bee paid unto the
said Sam^ll the full and Just sume of two thousand and ffifty pounds
of tobacco ffree from trash and Caske to containe to the same, to
bee paid at some Convenient Landing in Tredhaven Creeke on
tenth day of October next Ensueing the date thereof, or after on
all demands, Itt being for a Valluable consideracon already in hand
received And Whereas also the said Henry Montague upon the said
twentieth day of Aprill aforesaid by his certaine other bill or Write-
ing obligatory sealed with the seale of the said Henry and here in
Court produced whose date is the same day and yeare aforesaid,
Did binde himselfe his heires Executors and adm^rs to pay unto the
said Sam^ll the full & Just sume of ffive hundred pounds of good
sound Marchantable Tobacco and Caske in some convenient place
in Tredhaven Creeke att or upon the tenth of October next Ensueing
the date thereof itt being a valluable consideracon already in hand
received, more due since, according to the within mentioned bill
for a Table and fforme Two hundred and ffifty being both seaven
hundred and ffifty pounds of tobacco, all w^ch said seaverall sumes
doe in the whole amount to the Sume of Two thousand eight hun-
dred pounds of tobacco, Yet notwithstanding the said Henry in his
life time Nor the said Alice in her Widdowhood since his death,
nor the said Edward and Alice since theire intermariage, the said
sume of Two thousand Eight hundred pounds of tobacco to him
the said Samuell though often thereunto requested, hath not paid
or satisfied, but the same to pay and satisfie hath hitherto denyed
and still doth denye and refuse to pay the same to the damage of
the s^d Sam^ll ffoure thousand pounds of tobacco, & thereupon hee
bringeth his suite

Liber W. C.

And the aforesaid Edward and Katherine by Kenelme Cheseldyne
theire Attorney doth come and Defend the fforce and injury when
&c, and prayeth liberty to Imparle hereunto untill next provinciall
Court and it is granted unto them the same day is given to the
plantiffe alsoe
Now here att this day to witt the Eighteenth day of ffebruary in
the ffifth yeare of the Dominion of the Right hono^ble Charles Lord
Baltemore &c Annoq Dominj One thousand six hundred seaventy
nine, came the said parties by theire Attorneys aforesaid, And the
said Edward and Katherine by theire said Attorney Pray hearing
the writt aforesaid and itt is read unto them in these words, Charles

p. 129