Provincial Court Proceedings, 1682.     239

      the said partyes by their Attorneys aforesaid. and the Jurors Im-    Liber W. C.
      pannelled being Called likewise came to wit Symon Wilmore, Henry
      Mitchell ffrancis Gutterick George Hodgeson, James Peterkin, Rich
      ard Jones, Leonard Greene, John Alward, John Miller, John Cassock
      Samuel Dobson & Robert Gutterick Who being elected tryed and
      sworne to say the truth in the premisses Upon their Oathes doe
      say That the said Hugh ifrench did assume upon himself in man
      ner and forme as the said Thomas Swaney above against him hath
      Complayned and they assesse the Damage of the said Thomas to
      Two thousand foure hundred pounds of Tobacco: Therefore Itt
      is Considered by the Court here that the said Thomas Swaney
      Recover against the said Hugh ffrench Aswell the aforesaid sume
      of Two thousand foure hundred pounds of Tobacco Damages by
      the Jurors aforesaid informe aforesaid Assessed as also the sume
      of three thousand one hundred eighty nine Pounds of Tobacco for
      costs of Suite And the said Defendant in mercy &c.

     Roger Brooke    Susanne Keene late of Calvert County
         agt Otherwise Called Susanna Keene of Calvert
      Susanna Keene relict     County widdow Relict of Edward Keene
      of Edward Keene     gentl decd was sumoned to answere unto
      Roger Brooke of a plea that she render unto
      him the full and Just Quantity of One hundred thousand Pounds
      of good sound and Every way welcondiconed Marchantable To
      bacco and Caske wch to him she oweth and unjustly doth detaine &c.
        And Whereupon the said Roger Brooke by Charles Boteler his
      Attorney sayth that Whereas the said Susanna Keene upon the
      three and Twentyeth day of October in the yeare of our Lord 1676
      By her Certaine bond or writeing Obligatory sealed with the seale
      of her the said Susanna and here in Court produced whose date
      is the day and yeare aforesaid was holden and firmely bound unto
      Roger Brooke of Calvert County gentt One of the Executors of
      Edward Keene decd in the full sume and just Quantity of One
      hundred thousand pounds of good Sound and every way welcondi
      tioned Marchantable tobacco & Caske, To be paid to the said Roger
      Brooke or to his Certaine Attorney his Executors Admrs or As
      signes, To wch Payment well and truly to be made and done the
      said Susanna did bind her self her heires Executrs and Admrs firmely    p. 590
      by these prsents, Notwthstanding wch the aforesaid Susanna Keene
      the aforesaid One hundred thousand pounds of Tobacco Although
      often thereunto required unto the said Roger Brooke hath not paid
      but the Same to him to pay hitherto hath denyed and Still doth
      denye Whereupon the Said Roger Saith he is Damnifyed and hath
      losse to ye vallue of One hundred and twenty thousand pounds of
      Tobacco and thereupon he brings his Suite
        And the said Susanna by George Parker her Attorney cometh