Provincial Court Proceedings, 1679. 35

said Benjamin hath not rendred, but hitherto hath denyed & still
doth deny to render the same, whereupon the said Benjamin saith
he is the worse & hath losse to the Value of twelve thousand pounds
of tobacco & thereupon he brings his suite
And the said John Quigley by Robert Ridgely his Attorny cometh
& defendeth the force & injury when &c and prayeth liberty to im-
parle hereunto untill next Provinciall Court & itt is granted unto
him, the same day is given to the plaintiffe also
Att which said next Provinciall Court to witt the fifteenth day of
Octob^r in the fourth yeare of the Dominion of the right Hon^ble
Charles Lord Baltemore &c Annoq Doni 1679 came the said parties
by their Attorneys aforesaid And the said John Quigley by his said
Attorney saith that he cannot deny the aforesaid action of the afore-
said plaintiffe neither but that he was Receiver of a Negro of the
proper Goods of the said Benjamin, to M^rchandize & render an
Accompt thereof, & further saith that he is ready to accompt
thereof And prayeth Auditors to Audite the said Accompt And the
plaintiffe likewise Therefore itt is considered that the aforesaid
Defend^t accompt with the said plaintiffe of the Negro aforesaid by
the tyme aforesaid received in the forme in w^ch the plaintiffe hath
above declared against him And hereupon Gerard Slye & John
lLewellin gentT in the presence of the same Defend^ts Attorney afore-
said are appointed Auditors by the Court here to heare the said
Accompt so that they make report thereof to the Justices of the said
Court att the Citty of S^t Maryes on the tenth day of ffeb^ry next

Liber W. C.

Benj^a Rozer Esq^r

ag^t
Tho: Allanson

Thomas Allanson of Charles County in the
Province of Maryland was Sumoned to Answer
unto Benjamin Rozer M^rchant in a plea that he
render unto him tenn Thousand nine hundred

thirty foure pounds of tobacco & caske which to him he oweth &
unjustly detaineth
And whereupon the said Benjamin Rozer by Christopher Rousby
his Attorney saith, that whereas the said Thomas Allanson the first
day of June Anno Doni 1678 by his certaine writeing obligatory
Sealed with the Seale of him the said Thomas here in Court pro-
duced whose date is the same day & yeare above menconed, did
acknowledge himselfe to be holden & firmly bound unto M^r Benj^a
Rozer of Charles County M^rchant his heyres Ex^rs Adm^rs and as-
signes in the just & intire quantity of tenn thousand nine hundred
thirty foure pounds of good sound M^rchantable leafe tobacco in
Cask, to the which payment well & truely to be made he the said
Thomas Allanson did binde himselfe his heyres Ex^rs & Adm^rs firmly
by those p^rsents Neverthelesse the said Thomas Allanson the said
Sume of tenn thousand nine hundred thirty foure pounds of tobacco
unto him the said Benjamin Rozer though often thereunto required

p. 34