Provincial Court Proceedings, 1683.     395

     Askin their accon aforesaid Ought not to have ffor that he sayth           Liber W. C.
     that he the said John hath satisfyed and payd the said sume of
     Two thousand foure hundred pounds of tobacco according to the
     tenor of the said writeing obligatory, And this he is ready to verify
     and prayes Judgment whether they the said Bryan and Rebecca his
     wife and James Pattison their accon aforesaid against them Ought
     to have
       And the said Bryan Dailey and Rebecca his wife and James
     Pattison say they ought not to be barred from haveing their Accon
     aforesaid against him the said John for that they say the said John
     steevens the said sume of Two thousand foure hundred pounds of
     tobacco did not pay to him the said John Askin according to the
     tenor of ye said writeing obligatory as the said John Steevens hath
     in his plea above pleaded And this they pray may be Enquired of
     by the Country And the deft also
       Itt is therefore comanded the sheriffe of st Maries County that
     he cause to come here twelve &c. by whome &c. and who neither
     &c, to Recognize &c. because aswell &c.
       On wch said second day of July in the yeare aforesaid came the said
     ptyes by their Attorneys aforesaid And the Jurors Impannelled being
     called likewise came (to wit) Philip Lynes, Richard Keene, John
     Hungerford, Richard Royston John Power Samuel Dobson, John
     Wilkenson, Thomas Stonestreet, James Phillipps Stephen Murty,
     Dennis Hurley & Hugh Hopeweli, Who being elected tryed and
     sworne to say the truth in the premisses Upon their Oathes
     doe say that the said John steevens hath not fully payd and
     satisfyed the aforesaid Sume of Two thousand foure hundred
     pounds of tobacco ffor that part thereof (to wit) the sume of
     ifourteene hundred pounds of tobacco remaineth yet unpaid, Wch
     verdict of the Jurors aforesaid being read and heard the sd John
     Steevens by his Attorney aforesaid moved in Arrest of Judgment
     and day is thereupon given to both partyes untill the last day of
     this Court
       Att wch day to wit the sixth day of July aforesaid came the sd
     plts by their Attorneys aforesd & offered themselves agt the sd
     defendant of and upon the premisses aforesaid, but the sd Defend
     ant came not but made default Itt is therefore Considered by the
     Court here that the said Bryan Dailey and Rebecca his wife and             p. 719
     James Pattison Executors as aforesaid recover against the said
     John Steevens as well the aforesaid sume of ifourteene hundred
     pounds of tobacco debt as also the Sume of One thousand and
     eighty pounds of tobacco for costs of suite, And the said deft in
     mercy &c.

                July the 6th Anno Doni 1683:
       Allowed then to Henry smith of St Maries County for comeing
     goeing and attendance to testify for John Steevens at the suite of