Provincial Court Proceedings, 1683.     401

     bill And the said Edward in fact sayth that the said John did not        Liber W. C.
     pay or Cause to be paid unto the said Edward the said sume of
     Two thousand seaven hundred sixty nine pounds of tobacco accord
     ing to the tenot of the said bill upon the first day of November
     next ensueing the date of the said bill, Whereby an accon hath
     accrued to the said Edward to have and Demand of the said John
     the said sume of ffive thousand five hundred thirty eight pounds of
     tobacco first above demanded Nevertheless the said John the said
     sume of ifive thousand five hundred thirty eight pounds of tobacco
     to the said Edward hath not paid although often demanded but the
     same to pay hath denyed and still doth denye, To the damage of
     the said Edward Eight thousand pounds of like tobacco And upon
     this he brings his suite
       And the said John Chafe by John Rousby his Attorney cometh
     and defendeth the force and injury when &c, And prayeth liberty
     to imparle hereunto untill next Provinciall Court And it is granted
     unto him And the same day is given to the plt likewise
       Now here at this day (to wit) the eight and Twentyeth day of
     June in the Eighth yeare of the Dominion of the Right honoble
     Charles Lord Baltemore &c. Annoq Doni 1683 Came the said
     partyes by their Attorneys aforesaid, And the said John Chafe by
     his Said Attorney prayeth the hearing of the writ aforesaid in
     forme aforesaid Obtained Whereupon the Declaration aforesaid
     is made and it is read unto him in these words, Charles absolute
     Lord and Propry of the Provinces of Maryland & Avalon Lord
     Baron of Baltemore &c, To the sheriffe of Talbott County greeting
     Wee Comand you that you take John Chafe Otherwise called John           p. 723
     Chafe of Chester River in the Province of Maryland (If he shall
     be found in your baliwick) and him safe keepe, soe that you have
     his body before our Justices of our Provinciall Court to be held
     at our Citty of Maries the thirteenth day of ffebruary next to
     answere unto Edward Leach of the Citty of London Marchant of
     a plea that he render unto him the Sume of Two thousand seaven
     hundred sixty and nine pounds of good sound Marchantable To
     bacco and Caske Cleare of ground Leaves and trash wch to him he
     Oweth & unjustly detaineth &c. Wch being read and heard the said
     John Chafe prayes Judgment of that writt ffor that (to wit) There
     is variance betweene the said writ and the Declaration ffor that the
     writ sayth that the said John Chafe should be taken to answr unto
     Edward Leach of the Citty of London Marchant of a plea that he
     render to him the sume of Two thousand seaven hundred sixty
     nine pounds of good sound Marchantable tobacco and Caske C!eare
     of ground Leaves and trash wch to him he oweth and unjustly
     detaineth, And in the Declaracon it is said John Chafe of Ta!bott
     County Otherwise Called John Chafe of Chester river in the prov
     ince of Maryland stands sumoned to answere unto Edward Leach