146      Provincial Court Proceedings, 1681/1682.

Liber W. C.     stead thereof wch is to be accepted of at the tryall of the same
                action.
                Wm Digges Esqr Admr of    March ye 2d 1681
                  Edward Oystin        Itt is Ordered in this accon by
                       agt           the Court that unlesse the defts put
                 Wm Dixon & ux Wm Sharp in their plea to the plts declaracon
                  & Thomas Taylor Executors soe as they will stand thereto & be
                  of Winlock Christenson    ready to Come to tryall next Pro
                    vinciall Court, Judgment shall the
                 next Court Passe against the said Defendants by default

       p. 518 Gerrard Slye James Mills late of Baltemore County gentt Other
                   agt wise called James Mills of Baltemore County was
              James Mills    Sumoned to answere unto Gerrard Slye of a plea that
                         he Render unto him the full & Just Sume of Two
                thousand nine hundred thirty eight pounds of good sound Mrchant
                able Tobacco and Caske wch to him he Oweth and unjustly detaineth
                  And Whereupon the said Gerrard Slye by Robert Ridgely his
                Attorney sayth the Whereas the said James Mills the fourteenth
                day of June 1678 by his Certaine bill or writeing obligatory sealed
                with the seale of him the said James and here in Court Produced
                whose date is the day and yeare aforesaid Did acknowledge himself
                to be holden and firmely bound unto the said Gerrard Slye in the
                full & Just sume of Two thousand Nine hundred thirty Eight
                pounds of good sound Marchantable Tobacco in Caske To be payd
                unto the aforesaid Gerrard Slye his heires Executors Admrs or
                Assignes Convenient in st Maryes County upon the tenth day of
                October next Ensueing the date of the same bill or writeing Obliga
                tory, ffor wch payment well and truely to be made the said James
                Mills did bind himself his heires Executors & Admrs firmely by
                those presents Notwithstanding wch the aforesaid James Mills the
                said sume of Two thousand Nine hundred thirty Eight pounds of
                tobacco to him ye said Gerrard Slye according to the Tenor of the
                said bill or writeing Obligatory hath not payd Although often
                thereunto required but the same to pay hath denyed and still doth
                denye whereupon the said Gerrard slye sayth he is Damnifyed and
                hath Losse to the Vallue of ffoure thousand pounds of tobacco. &
                thereupon hee bringeth his Suite:
                  And the said James Mills by Robert Carvile his Attorney cometh
                and defendeth the force & Injury when &c and prayeth Liberty
                to Imparle hereunto untill next Provinciall Court and it is granted
                unto him the same day is given to the Plantiffe Likewise
                  Att wch said next Provinciall Court Came the said partyes by
                their Attorneys aforesaid & the said James Mills by his said Attorney
                sayth That the said Gerrard his action aforesaid against him Ought
                not to have because he sayth that long before the purchaseing of