280 Provincial Court Proceedings, 1679/80.

Liber W. C.

And whereupon the said Gerrard by Robert Ridgely his Attorney
Saith That Whereas the said John Paler the Eighteenth day of
Aprill 1679 by his Certaine bill or writeing obligatory sealed w^th the
seale of him the said John and here in Court pduced whose date
is the day and Yeare aforesaid Did acknowledge himself to bee
holden & firmly bound unto the said Gerrard in the full & Just sume
of one thousand five hundred Eighty and nine pounds of bright
Marchantable Tobacco & Casqj To bee paid unto the aforesaid Ger-
rard his heires Ex^rs Adm^rs or assignes on all Demands after the
first day of Octob^r then next Ensueing the date of the said bill or
Writeing obligatory, out of his owne Cropp Upon S^t Clements
Manno^r, ffor w^ch payment well & truely to bee made and done the
said John Paler did binde himself his Ex^rs and Adm^rs firmely by
those p^rsents, Notwithstanding w^ch the s^d John the said Sume of
One thousand five hundred Eighty nine pounds of Tobacco to him
the Said Gerrard according to the Teno^r of the said writeing oblig-
at^ry hath not paid although often demanded, but the same to pay
hath denyed and as yet doth denye to the damage of the said Ger-
rard three thousand pounds of Tobacco, & thereupon hee bringeth
his Suite
And the said John by Robert Carvile his Attorney Cometh and
defendeth the force & Injury when &c & prayeth liberty to Imparle
hereunto untill next Provinciall Court & It is granted unto him
the same day is given to the plt also :
At w^ch said next Provinciall Court Came the said partyes by their
Attorneys aforesaid, and the said John Paler by his said Attorney
sayth that hee by any thing in the writeing aforesaid Contained
ought not to bee burthened ffor that hee saith the said bill or write-
ing obligatory in the Declaracon aforesaid Mentioned is Not the
Act and deed of him the s^d John & of this hee puts himself upon the
Country, Whereupon day is given to both partyes untill next Pro-
vinciall Court

p. 253

And Now here att this day to witt the Nine & Twentyeth day of
Novemb^r in the ffifth yeare of the Dominion of the Right Hono^ble
Charles Lord Baltemore &c Annoq Dom 1680 Cometh aswell the
said Plantiffe as the said deft by their Attorneys aforesaid, and
the said deft by his Said Attorney Sayth that hee is not informed
by the Said deft of any answer of him to the p^lts accon to bee given
& nothing else sayth thereupon. By w^ch the aforesaid plt Remaineth
against the said deft thereof wholly undefended, Therefore It is
Considered that the Said Gerrard Slye Recov^r against the said John
Paler aswell the afores^d sume of one thousand five hundred Eighty
nine pounds of tobacco debt as also ffive hundred seventy two
pounds of Tobacco Costs of suite & the Deft in Mercy &c.