JUNE, 1697 COURT 205

Christopher Baynes Executor of Christopher Baynes plantiffe: Joseph Addison
Defendant.

Prince Georges County Ss. Joseph Addison late of Prince Georges County
planter otherwise Called Joseph Addison of Calvert County in Pattuxent River
planter was Summoned to Answer unto Christopher Baynes Executor of the last
will and testament of Christopher Baynes Deceased who Intermarryed with
Elizabeth Higham of a plea that he Render unto him the Just and neate
quantity of Six hundred pounds of good Sound Marchantable tobaccoe and
Caske to Containe the Same which from him he unjustly Deteyneth etc.

And whereupon the Said Christopher by William Stone his Attorney Saith
that the Said Joseph the Sixth day of May in the yeare of our Lord 1695 at
Calvert County that is to Say at Charles Towne within the Jurisdiction of this
Court by his Certaine bill Obligatory which the Said Christopher with the
Scale of the Said Joseph Signed bringeth here into Court the date whereof is the
Same day and yeare aforesaid did bind himselfe to to pay or Cause to be paid
unto the abovenamed Elizabeth Higham whilst She was Sole Called Elizabeth
Higham of Calvert County widdow her heires Executors Administrators or As-
signes the Just and neate quantity of Six hundred pounds of good Sound
Marchantable tobaccoe and Caske to Containe the Same uppon the plantation
he the Said Joseph did then live on to the which payment well and truly to
be made and done he the Said Joseph did bind himselfe his heires Executors
and Administrators firmly by those presents Notwithstanding which the Said
Joseph the Said Sume of 600 pounds of tobaccoe According to the tennor of
the Said bill Obligatory to the Said Elizabeth Higham while Shee was Sole nor
to the Said Christopher and Elizabeth after the marryage between them had
and Celebrated nor to the Said Christopher Executor aforesaid Since the death
of the abovenamed Christopher to whome Execution of the last will and testa-
ment of the Said Christopher deceased Since his death hath been by due Course
of Law Legally Committed hath not paid Although the Said Joseph by the Said
Elizabeth while She was Sole and by the Said Christopher and Elizabeth after
the marryage had and Solemnized between them and by the Said Christopher
Executor aforesaid Since the Death of the Said [187] Christopher hath been
often times thereunto Required but the Same to pay hath hitherto Denyed
and Still doth denye to the Damage of the Said Christopher Executor aforesaid
of 1200 lbs. of tobaccoe and thereof he brings his Suite etc.

William Stone. Pledges etc. John Doe, Richard Roe.

And the Said Christopher Executor aforesaid bringeth here into Court the
Letters testementary of the Said Christopher Deceased that it may Appeare to
the Court here the Said Christopher to be the Executor aforesaid.

And the Said Joseph Addison by Henry Bonner his Attorney Cometh and
defendeth the force and Injury when etc. and prayeth leave thereof to Imparle
here untill next Court and it is granted unto him the Same day is given to the
plantiffe Likewise etc.

Att which Said next Court (to witt) the 22d day of June Annoque Domini
1697 Came as well the Said Christopher Baynes as the Said Joseph Addison by
their Attorneys aforesaid and the Said Christopher Baynes prayeth that the Said
Joseph Addison to his decleration aforesaid may Answer etc. And the Said
Joseph Addison by Henry Bonner his Attorney Cometh and [defendeth] the
force and Injury when etc. And Saith that the Said Joseph Addison doth not
owe the Said Six hundred pounds of tobaccoe in manner and forme as the