Provincial Court Proceedings, 1683. 409

     denye and refuse to pay the same To the damage of the said George       Liber W. C.
     Three thousand pounds of tobacco And thereupon he bringeth
     his Suite
      And the said Cleobourne Lomax by Thomas Burford his Attor
     ney cometh and defendeth the force and injury when &c. and pray
     eth liberty to imparle hereunto untill the next Provinciall Court
     and it is granted unto him And the same Day is given to the plt also:
      Now here at this day (to wit) the Second day of July 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 Cleoborne Lomax by his said
     Attorney Sayth that the said George his accon agt him Ought not
     to have because he sayth that after the makeing the bill aforesaid
     in ye Declaracon aforesaid specifyed and before the bringing of
     the accon of the said George agt the said Cleoborne hee the said
     Cleoborne did pay to the said George the said seaventeene hundred
     pounds of tobacco that is to say at Charles County aforesd as by a
     perticular account thereof hereunto annexed may appeare and this
     he is ready to averr And thereupon he prayeth Judgment if the said
     George his action against him Ought to have &c.
      And the said George by his said Attorney sayth that he for any
     thing by the sd Cleoborne in manner aforesaid pleaded Ought not
     to be barred from haveing his sd accon agt the sd Cleoborne ffor
     that he sayth that the said Cleoborne did not pay to him the said
     George the said sume of seaventeene hundred pounds of tobacco
     att Charles County aforesaid according to the tenor of the sd bill,
     And this he prayes may be enquired by the Country, And the
     defendt likewise.
      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 asweli &c.
      On wch said second day of July in the yeare aforesaid came the
     sd partyes by their Attorneys aforesaid and the Jurors Impannelled
     being called likewise came (to wit) Justinian Gerrard James Ringold
     Marke Cordea Samuel Hatton, Thomas Sikes Humphrey Jones,
     Edward Ward Richard Edelen, James Bowling, John Smith, Wil
     liam Roswell and Thomas Simpson Who being elected tryed and
     Sworne to Say the truth in the prmisses Upon their Oathes doe
     Say, that the said Cleoborne Lomax before the bringing the accon
     aforesaid did pay unto the said George Powell the seaventeene
     hundred pounds of tobacco in ye declaracon aforesd mentioned, Itt
     is therefore considered by the Court here that the sd George Powell
     take nothing by his writ aforesaid but be in mercy for his false
     Clayme therein And that the said Cleoborne Lomax goe thereof             p. 729
     without day, and that the said Cleoborne Lomax recover against
     the said George Powell the Sume of One thousand three hundred