Provincial Court Proceedings, 1679/80. 149

And whereupon the said Marmaduke Bowdler by George Parker
his Attorney saith that whereas the said Samuell Tovey the tenth
day of October 1674, by his Certaine bill or writeing under the hand
of the said Samuel Tovey & here in Court produced, whose date is
the day and yeare ffirst above Written, did promise to pay unto
Marmaduke Bowdler of the same Citty Woolen Draper or to his
assignes the ffull and just sume of twenty Seaven pounds seaven
shillings & ffoure pence upon the twenty fourth day of March next
Ensueing the date of the said bill or writeing, Notwithstanding w^ch
the said Sam^ll Tovey the said full & Just sume of twenty Seaven
pounds seaven shillings and ffoure pence to the said Marmaduke
Bowdeler although often thereunto required hath not paid but the
same to pay hath altogeth denyed and still doth denye and refuse
to the greate Damage of him the said Marmaduke, Whereupon hee
saith hee is Damnified and hath Losse to the Vallue of forty pounds
sterling money And thereupon hee bringeth his suite

Liber W. C.

And the said samuell Tovey by Robert Carvile his Attorney Com-
eth and Defendeth the fforce and injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court and itt is granted
unto him. The same day is given to the plt also
Att w^ch said Provinciall Court to witt the nineteenth day of ffebru-
ary in the ffifith yeare of the Dominion of the Right hono^ble Charles
Lord Baltemore &c. Annoq Dominj 1679. Came the said partyes by
theire Attorneys aforesaid, and the said Sam^ll Tovey by his said At-
torney sayth, that hee doth not Owe to the said Marmaduke the said
sume of twenty seaven pounds seaven shillings and foure pence nor
one penny thereof in forme as the said Marmaduke above against
him hath declared and of this hee putts himselfe upon the Country,
And alsoe moves the Court here that the pl^t being a fforeigner may
put in Security to pay unto the Def^t cost of suite if the said plt shall
happen to bee cast or nonsuited therein, W^ch the plantiffes Attorney
refuseing to doe a Nonsuite is awarded against him, And Itt is con-
sidered that the said Marmaduke Bowdler take nothing by his Writt
but bee in mercy for his false plaint thereupon, And that the said
samuell Tovey may goe thereof without day And alsoe that the said
Samuell Tovey recov^r against the said Marmaduke Bowdler the sume
of Eight hundred eighty Seaven pounds of tobacco for his Costs and
charges by him about his Defense in this behalfe laid out and ex-
pended, and the said samuell may have thereof Execution

p. 134

Gerrard Slye. Adm^r of
Richard Chilman
&
Michael Miller

(Michael Miller late of Kent County Other-
wise called Michael Miller of Kent County
gentt. was sumoned to Answere unto Ger-
rard Slye Adm^r of the goods & Chattells
of Richard Chilman deceased, of a plea that