Provincial Court Proceedings, 1679. 53

And the said Richard Speed by Joshua Doyne his Attorney espe-
cially admitted by the favour of this Court cometh & defendeth the
force & injury when &c and saith that he hath nothing to say in
barre of the action aforesaid above against him declared, but that
the said Robert should recover against him the said Richard the
said sume of Sixteen hundred pounds of tobacco Therefore itt is
considered by the Court here this day to witt the Eighth day of
Octob^r in the fourth yeare of the Dominion of the right Hon^ble
Charles Lord Baltemore &c Annoq Doni 1679 that the said Robert
Ridgely recover against the said Richard Speed as well the aforesaid
Sume of Sixteene hundred pounds of tobacco damages occasioned
by the p^rmisses As also five hundred forty foure pounds of tobacco
costs of suite And the Defend^t in mercy &c

Liber W. C.

John England
ag^t
Nich: Guither

Nicholas Guither late of s^t Maryes County planter
was sumoned to Answer unto John England
M^rchant of a plea that he render unto him the full
& just Sume of Nineteen hundred fifty & Eight

pounds of good sound M^rchantable tobacco & cask which to him he
oweth & unjustly detaineth
And whereupon the said John by Robert Ridgely his Attorney
saith, that whereas the said Nicholas the eleventh day of May one
thousand six hundred seventy eight by his certaine bill Obligatory
Sealed with the seale of the said Nicholas & here in Court produced
whose date is the day & yeare aforesaid did binde himselfe his heyres
Ex^rs & Adm^rs to pay or cause to be paid unto the said John or his
assignes or order the full & just sume of Nineteen hundred fifty &
eight pounds of good sound M^rchantable tobacco & caske to be paid
convenient in the aforesaid County att or before The tenth day of
Octob^r next ensuing the date thereof yet the aforesaid Nicholas the
said Sume of Nineteene hundred fifty & eight pounds of tobacco to
him the said John according to the tenour of the said bill Obligatory
hath not paid, but the same to pay hath denyed although often
demanded, & to pay the same as yet doth deny, whereupon the said
John England saith he is damnified & hath losse to the Value of
three thousand pounds of tobacco And thereupon he brings his
suite
And the said Nicholas Guither by Robert Carvile his Attorney
cometh & defendeth the force & injury when &c & prayeth liberty
to imparle hereunto untill next Provinc^ll Court & itt is granted unto
him, the same day is given to the plaintiffe also
Now here att this day to witt the sixteenth 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 John England by his
Attorney aforesaid, & offered himselfe against the said Nicholas
Guither in the plea aforesaid, but the said Nicholas came not but

p. 51