Provincial Court Proceedings, 1681/1682.  157

    this he is ready to averre wherefore he Demands Judgment if the          Liber W. C.
    said John his action aforesaid against his owne Prop writeing of
    receipt or acquittance ought to have, Whereupon the said John
    Baker refuseth to make any further Prosecucon against the said
    Daniel Carnell in the plea aforesaid Therefore Itt is Considered by
    the Court here that the said John Baker take nothing by his writ
    aforesaid but be in mercy for his false clayme therein. & that the
    said Daniel Carnell goe thereof wthout day, and that the said Daniel
    Carnell Recover against the said John Baker the sume of Nine
    hundred thirty & three pounds of tobacco for his Costs & charges
    by him about his defense in this behalfe Layd out & expended & the
    said Daniel may have thereof Execution

    Henry Brent & Ann his    Kenelm Cheseldyn late of st Maryes             p. 525
    wife. Exx Baker Brooke Esqr County gentt Executor of the last
            agt          will and Testamt of John Jones late
    Kenelm Cheseldyn Exr of of St Maryes Citty gentl decd was
    John Jones           sumoned to answere unto Henry
                         Brent and Ann his wife Exx of the
    Last will & Testament of Baker Brooke Esqr late surveyor Generall
    of the Province of Maryland of a plea that he render unto them
    One hundred Thousand pounds of tobacco from them he unjustly
    detaineth
      And Whereupon the said Henry and Ann say that Whereas the
    said John Jones in his life time to wit the seaven and twentyeth day
    of Aprill in the yeare of our Lord 1677 by his Certaine bond or write
    ing Obligatory sealed with the seale of him the said John and here
    in Court produced Whose date is the day and yeare abovesaid Did
    Confesse himself to be held and firmely bound to ye said Baker
    Brooke in the sume of One hundred thousand pounds of good sound
    Marchantable tobacco & Caske. To be payd to the said Baker Brooke
    or his Certaine Attorney his Executors Admrs or assignes, Yett
    Notwithstanding the said John Jones in his life time Or the said
    Kenelm since his death the said sume of One hundred thousand
    pounds of tobacco to him the said Baker Brooke in his life time or
    to the said Ann after his death while she was sole Or to the said
    Henry & Ann after the Espousalls betweene them Celebrated though
    often thereunto required did not pay, but the same to pay hath
    hitherto denyed & the same to them to pay doth as yett denye &
    unjustly detaine Whereupon they say they are Damnified & have
    Losse to the Vallue of One hundred and tenn thousand pounds of
    tobacco & thereupon they bring their suite, And they bring here
    into Court the Letters Testamentary of the said Baker by wch it
    may appeare to the Court here the said Ann is Executrix of the will
    of the said Baker & thereof to have Execucon
      And the said Kenelm Cheseldyn in his prop pson Cometh and
    Defendeth the force and Injury when &c & prayeth the hearing of