4         Provincial Court Proceedings, 1681.

          Liber w. C. William Phelps maketh oath that the account above Mentioned
                  is a Just and true account, and that there is still due upon the same
                  the Sume of Two thousand three hundred Seaventy and seaven
                  pounds of tobacco
                         Sworne before me this twenty first day of May 1679
                                                   Philip Calvert
                  Charles Lord Baltemore & Benja Rozer Esq   Thomas Jones late of
                  Exrs of Thomas Notley Esqst Maryes County sloop
                     agt            man otherwise called
                  Thomas Jones       Thomas Jones of the
                                     County of St Maryes
                  was sumoned to answere unto the Right honoble Charles Lord Balte
                  more & Benjamin Rozer Esq Exrs of the Last will and Testament
                  of Thomas Notley Esq Deceased of a plea that he Rendr unto the
                  said Executors the full and Just Quantity of Tenn thousand foure
                  hundred pounds of good sound Marchantable Leafe tobacco and
                  Casq wch from them hee unjustly detaineth
              p.     388 And Whereupon the said Charles Lord Baltemore & Benjamin
                  Rozer by Robert Ridgely their Attorney say that whereas the said
                  Thomas Jones the one and twentyeth day of ffebruary Annop
                  Dominj One thousand six hundred seaventy Eight, by his Certaine
                  bill or Writeing obligatory sealed with the scale of him the said
                  Thomas and here in Court produced whose date is the day & yeare
                  aforesaid Did acknowledge himself to owe and stand Justly indebted
                  unto the said Thomas Notley the full and Just Quantity of Tenn
                  thousand ffoure hundred Pounds of good sound Marchantable Leaf e
                  Tobacco & Caske to Containe it, To be paid to the said Thomas
                  Notley his heirs Executors Admrs or Assignes Convenient in St Maryes
                  County aforesaid at or before the first day of Octobr next Ensueing
                  the date of the said bill or writeing Obligatory, To the wch payment
                  well and truely to be made the said Thomas Jones did bind himself
                  his heires Exrs and Admrs firmly by those presents, Nothwith
                  standing wth the said Thomas Jones the said sume of Ten thousand
                  four hundred pounds of Tobacco to the said Thomas Notley in
                  his life time, nor to the said Charles & Benjamin since his Death
                  (to whome Execucon of the Last will and Testament of the said
                  Thomas Notley since his death hath been Comitted) according to
                  the Tenor of the said bill or Writeing obligatory hath not Paid
                  although often thereunto Required, But the same Tenn thousand
                  foure hundred pounds of Tobacco to pay hath denyed and as yet
                  doth Denye in Retardacon of the Execücon of the Testament of the
                  said Thomas Notley and to the Damage of the said Exrs to the Vallue
                  of Twenty thousand pounds of Tobacco, and thereupon they bring
                  their suite And the said Execrs bring into Court here the Letters
                  Testamentary to them granted of the Testament of the said Thomas