Provincial Court Proceedings, 1682.     245

    of a pound of tobacco, Yett Notwithstanding the said Susanna            Liber W. C.
    Keene Although after the makeing of the said Award and after
    his the said Rogers perfecting & passing his said account before
    the said Judge or Comissary generall &ca as aforesaid And before
    the day of the Obtaining of the Originall writ of him the Said
    Roger (that is to Say) The first day of July in the yeare of our
    Lord One thousand Six hundred & Eighty aforesaid Att Battle
    Towne in Calvert County aforesaid she was thereunto required
    the said Sume of fourteene thousand five hundred fifty foure
    pounds and three fourths of a pound of tobacco to him the said
    Roger Brooke hath not allowed rebated payd or satisfyed wth to
    allowe Rebate pay and Satisfye to the said Roger according to the
    forme and effect of the award aforesaid she ought And this he is
    ready to averre Whereupon he prayeth Judgment and this debt
    aforesaid together wth his Damages by Occasion of the detaineing
    of that debt to him to be adjudged And hereupon the said partyes
    prayed Day untill next Provinciall Court & it was granted unto
    them.
      Now here at this day (to wit) the Eighteenth day of October
    in the seaventh yeare of the Dominion of the Right honoble Charles
    Lord Baltemore &c. Annoq Doni. 1682 Came the said partyes by
    their Attorneys aforesaid and the sd Susanna Keene by her said
    Attorney sayth that for any thing in the sd Replicacon above
    alleadged the said Roger ought not to maintaine his said accon
    against her the said Susanna because she sayth that she the said
    Susanna from the time of the makeing of the award award a fore
    said to the day of the obteining of the Originall writ of the said
    Roger hath not done any act or thing, Now but that the said
    Sume of ffourteen thousand one hundred twenty nine pounds &
    three fourths of tobacco in the Replicacon above mentioned might
    have remained in the hands of the said Roger according to the
    award aforesaid, And that the said sume of fourteen thousand One
    hundred Twenty nine pounds and three fourths of a pound of
    tobacco is yett in his hands over and above the Just Moyety of the
    estate aforesaid to her and her daughter awarded & of this she putts
    herself upon the Country
      And the said Roger by his said Attorney sayth that he by any
    thing by the aforesaid Susanna above by pleading alleadged from
    his accon aforesaid against her the said Susanna Ought not to be
    barred because by protesting that the said Sume of ffourteen
    thousand one hundred twenty and nine pounds and three fourths of a
    pound of tobacco or any part thereof is not yett in the hands of
    the said Roger Over and above the just moyety of the Estate afore
    said to her the said Susanna and her said Daughter awarded
    as is above in the Rejoyndr of her the said Susanna alleadged, ffor
    Plea the Said Roger sayth that the plea of the said Susanna in