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said Thomas Bankes in the plea aforesaid, but the said Thomas
came not but made default. Therefore itt is granted by the Court
here, that the said Andrew Tenehill recover against the said Thomas
Bankes as well the Sume of Eighteen thousand two hundred sixty &
six pounds of tobacco debt as also the sume of Eight hundred
seventy six pounds of tobacco costs of suite



John England

ag'
ffrancis Wyne Adm""
W" Marshall



ffrancis Wyne late of Charles County Ad-
misf of the Goods & Chattels of William
Marshall deceased was attached to Answer
unto John England in a plea of trespas upon
the case
And whereupon the said John by Kenelm Cheseldyne his Attorney
complaineth, that whereas the said W" Marshall in his life tyme
to witt the tenth day of December in the yeare One thousand six
hundred seventy two stood indebted unto the said John England for
transporting of W™ Marshall sonn of the said W" deceased into
England & maintaining him there in England att schoole with meate
drinke & cloathes for the terme & space of two yeares, & transporting
him againe into Maryland, the said W" Marshall deceased did assume
upon himselfe & in consideracon thereof to the said John did faith-
fully promise that he the said W"" for the same when thereunto
required would pay unto the said John for the same what he should
deserve And the said John in fact saith, that he the said John did
maintaine the said W" Marshall his sonn in England for the terme &
space aforesaid in manner aforesaid And did transport the said
William Marshall into England aforesaid & back againe into the
Province aforesaid, for which he did well deserve the sume of six
thousand p^s of tobacco Notwithstanding which the said W"^ Mar-
shall in his life tyme nor the said ffrancis since his death Adm"" of all
the Goods & Chattels of the said W" after his death to him comitted
hath not paid the said six thousand pounds of tobacco to him the



Provincial Court Proceedings, i6'j'j/H. 159

said John though often required, but the same to him to pay hitherto Liber N N
hath & still doth altogeth"" deny to the damage of the said John Eight
thousand pounds of tobacco & thereupon he bringeth his suite

And the said ffrancis Wyne by John Jones his Attorney cometh &
defendeth the force & injury when &c and prayeth hberty of speake-
ing hereunto untill the next Court & itt is granted him, the same
day is given to the said John England

Now here att this day to witt the one & twentieth day of ffebruary
in the third yeare of the Dominion of Charles Lord Baltemore &c
Annoq3 Doni 1677 came the said John England by his Attorney
aforesaid & offered himself e against the said ffrancis Wyne in the
plea aforesaid, but the said fifrancis came not but made default There-
fore itt is granted by the Court here that the said John England
recover against the Estate of the said W™ Marshall as well the sume
of six thousand pounds of tobacco damages occasioned by the trespas
aforesaid As also the sume of pounds of tobacco costs

of suite

John Young 1 John Larkin of Ann Arundell County p. 419

ag* >Innholder & Joseph Chew late of Cecil

John Larkin & Joseph Chew J County planter were Sumoned to An-
swer unto John Young in a plea that
they render unto him twelve thousand pounds of tobacco which they
unjustly detaine

And whereupon the said John Young by Matthew Ward his At-
torney, saith that the said John Larkin & Joseph Chew by their
writing obligatory dated the fifteenth day of May One thousand six
hundred seventy five & here in Court produced did binde themselves
their heyres Ex"^^ & Adm" unto the said John Young his heyres Ex"
Ad" or assignes in the full & just Sume of twelve thousand pounds
of tobacco upon Condicoii for the payment of six thousand pounds
of good well condiconed tobacco att or before the tenth day of Octob''
then next ensueing Notwithstanding which the said John Larkin
& Joseph Chew nor either of them have paid the said Sume of six
thousand pounds to the said John Young, but the same to pay have
& doe altogether refuse & deny to pay, whereupon he is damnified &
hath losse to the Value of fifteen thousand pounds of tobacco & there-
upon he bringeth his suite.

And the said John Larkin & Joseph Chew by George Parker their
Attorney come & defend the force & injury when &c & pray liberty
of speaking hereunto untill next Court & itt is granted them, the
same day is also given to the said John Young.

Now here att this day to witt the one & twentieth day of flFebru-
ary in the third yeare of the Dominion of Charles Lord Baltemore &c
Anncxp Doni 1677. came the said John Young by Robert Carvile
his Attorney & offered himself e ag* the said John Larkin & Joseph



i6o Provincial Court Proceedings, 1 6/^/8.

Liber N N Chew in the plea aforesaid, but the said John & Joseph came not
but made default Therefore itt is granted by the Court here that
the said John Young recover ag' the said John Larkin & Joseph
Chew as well the said sume of twelve thousand pounds of tobacco
As also the sume of five hundred Eighty foure pounds of tobacco
costs of suite

Roger Bakerl

ag* Uhis cause is continued untill next Court

Tho : Gant J



John Watkins

ag*
Richard Hill Adm'
James Rawbone



Richard Hill late of Ann Arundell County gentt
Adm"" of all & singuler the Goods Chattels rights
'& Creditts of James Rawbone deceased was
sumoned to Answer unto John Watkins of a
plea that he render unto him the full sume &
just quantity of six thousand pounds of good sound M''chantable
tobacco which from him he unjustly detaineth

And whereupon the said John Watkins by George Parker his
Attorney saith that whereas the said James Rawbone the second
day of August Annocj Doni One thousand six hundred seventy five
by his certaine bond or writing obligatory sealed with the seale of
him the said James Rawbone & here in Court produced whose date
is the day & yeare abovesaid was holden & firmly bound unto John
Watkins in the full sume & just quantity of six thousand pounds of
good sound & M''chantable tobacco in caske to be paid to the said
John Watkins or to his certaine Attorney Ex" or Adm" To the
which payment well & truely to be made the said James Rawbone
did binde himself e his heyres Ex*"^ & Adm" firmly by those p''sents
Notwithstanding the said James the said sume of six thousand
p. 420 Pounds of tobacco or any part thereof In his life tyme hath not
paid according to the said bond, nor the said Richard Hill to whom
Letters of Administracon of all & singuler the Goods & Chattels of
the said James Rawbone was comitted to the said John Watkins al-
though often thereunto required hath not paid or satisfied, but the
same to pay or satisfie hath hitherto altogether denyed & refused &
still doth deny & refuse to pay the same, whereupon the said John
Watkins saith he is damnified & hath losse to the Value of eight
thousand pounds of tobacco & thereupon he bringeth his suite

And the said Richard Hill by Robert Carvile his Attorney comes
& defends the force & injury when &c and prayes heareing of the
said Bond & itt is read unto him, he also prayeth the heareing of
the Condicon of the said bond & itt is read unto him in these words
The Condicon of this Obligacon is such that if the above bound
James Rawbone or his assignes doe & shall well and workmanlike
make & finish two brick Chimneys allready begun by the said James



Provincial Court I'roceedinfjs, j6y//(S'. iGi

Rawbone in the now dwelling house of the said John Watkins & att Lil>cr N N
his owne costs & charges to finde & provide men sufficient & materials
for the carrying on of the said worke & other worke hereafter men-
coned viz* to plaister white wash & colour the new roome below & to
scale the same, And to plaister white wash scale & colour the roome
over the said new roome And to repaire plaister & amend all the
defects & wants of reparacon in the plaistring of three roomes in the
old house All which worke is to be performed by the said James
Rawbone or his assigncs between the day of the date hereof & the last
day of October next ensueing the date hereof That then this p'^sent
Obligacon to be void & of none efifect, or else the same to stand in
full force & vertue, which being read & heard the said Richard Hill
by Robert Carvile his Attorney cometh & defendeth the force &
injury when &c and prayeth liberty of speaking hereunto untill next
Court & itt is granted him, the same day is given to the said John
Watkins

Now here att this day to witt the one And twentieth day of ffebru-
ary in the third yeare of his Lordpps dominion &c Annocp Doni
1677. came the said John Watkins by his Attorney aforesaid &
ofifered himselfe against the said Richard Hill in the plea aforesaid,
but the said Richard came not but made default, whereupon the said
John by his said Attorney prayed Judgm* against the Estate of the
said James Rawbone for five thousand pounds of tobacco And itt is
granted unto him Therefore itt is granted by the Court here that the
said John Watkins recover Against the Estate of the said James
Rawbone as well the said sume of five thousand pounds of tobacco
As also y sume of one thousand seauenty & six pounds of tobacco
costs of suite

Pope Alvey 1 John Jordaine of S' Clements bay in the Province
ag* Vof Maryland gentt otherwise called John Jordaine of

John Jordaine J S' Maryes County was Attached to Answer unto
Pope Alvey of a plea that he render him Eight hun-
dred foote of poplar planke which to him to oweth & unjustly
detaineth

And whereupon the said Pope by John Jones his Attorney saith,
that whereas the said John by his certaine writeing Obligatory under
his hand & Scale dated the fourth day of August One thousand six
hundred seventy foure here ready to be produced in Court, did
binde himselfe & his heyres to Deliver unto the said Pope or to his p. 421
assignes the full & entire quantity of Eight hundred foote of good
poplar plank upon the plantacon of Ann Jarboe in Brittaine bay
sometyme between the date of the said writing & the last day of the
said month of August as by the said writing may more plainly ap-
peare And although the said Pope hath often demanded the said
John to deliver the said plank according to the said writeing obliga-



1 62 Provincial Court Proceedings, i6/y/8.

Liber NN tory, yet the said John Jordaine hath refused & still refuses to
deliuer the said Eight hundred foot of poplar plank to the said Pope,
therefore the said Pope saith he is damaged two thousand pounds
of tobacco & brings suite

And the said John Jordaine by Robert Carvile his Attorney com-
eth & defendeth the force & injury when &c and prayeth liberty of
speaking hereunto untill next Court, & itt is granted unto him, the
same day is given to the said Pope Alvey.

Now here att this day to witt the one & twentieth day of fifeb^'y
in the third yeare of his Lordpps dominion &c Annocp Doni 1677.
came the said John by his Attorney aforesaid and oflfered himselfe
against the said Pope Alvey in the plea aforesaid, but the said Pope
came not to prosecute his plaint aforesaid Therefore it is considered
by the Court here, that the said John Jordaine recover against the
said Pope Alvey the sume of pounds of tobacco for

his costs & charges by him about his defence in this behalfe sustained,
unto the said John Jordaine by the Court here adjudged And the said
Pope Alvey in mercy for his false claime



John Atkey

ag*
W™ Eagle & Amiah
ux Adm'^ Jn° Burges



W" Eagle late of Talbott County & Amiah his
wife Adm'' of the Goods & Chattels of John
Burges late of Talbott County planter deceased
was sumoned to Answer unto John Atkey of a
plea that they render unto him the full & just
sume & quantity of twenty & two thousand pounds of good sound
& M''chantable leafe tobacco & caske to containe the same which they
unjustly detaine

And whereupon the said John Atkey by George Parker his At-
torney saith That whereas the said John Burges the fourteenth day
of November One thousand six hundred seventy foure by his cer-
taine writing obligatory sealed with the scale of the said John Burges
& here in Court produced whose date is the day & yeare first above-
said, did acknowledge & confesse himselfe to owe & stand firmly
bound & indebted unto John Atkey of Calvert County & Province of
Maryland in the full & just sume & quantity of twenty & two thou-
sand pounds of good sound & M''chantable leafe tobacco & caske to
containe the same, payment thereof to be made upon demand after
the tenth day of October next ensueing the date thereof convenient
in Talbott County aforesaid To the which paym' well & truely to be
made & done unto him the said John Atkey his heyres Ex" Ad™^ or
assignes, the said John Burges did binde himselfe his heyres Ex"
Ad" or assignes firmly by those p''sents Notwithstanding the said
John Burges the said sume & quantity of twenty & two thousand
pounds of tobacco to him the said John Atkey in his life tyme hath
not paid according to the said writing nor the said Amiah whilst
she was sole to whom Letters of Adm"^°" of the Goods & Chattels of



Provincial Court Proceedings, i6jj/8. 163

the said John Burges was comitted, nor the said VV™ Eagle since Liber NN
espousall betwixt them celebrated though often thereunto required
hath not paid or satisfied, but the same to him the said John Atkey
doth still deny & refuse whereupon he saith he is damnified & hath
losse to the Value of thirty thousand pounds of tobacco And there- p. 422
upon he bring his suite

And the said W" Eagle & Amiah his wife by Kcnelm Cheseldyn
their Attorney come & defend the force & injury when &c and pray
hearing of the said writing & itt is read unto them, they also pray
heareing of the Condicon of the said writing & itt is read unto them
in these words The Condicon of this Obligacon is such, that if the
above bounden John Burges doe well & truely giue unto the said John
Atkey such a good Assureance of a parcell of land lying on the Clifts
in Calvert County called Tuckers unfortunate, which said parcell of
land the said John Atkey hath bought of him the said Burges to
say, if the said Burges doe acknowledge the abovesaid parcell of land
to be the just right of the said John Atkey, & giue unto him such
good assureance in Calvert County Court of the aforesaid parcell of
land in such sure manner & way that the said parcell of land shall
be the right of him the said John Atkey & his heyres & assignes for
ever And further yet the said John Burges to save harmlesse the
said John Atkey & make good the aforesaid parcell of land unto
him his heyres or assignes from all manners of persons that shall or
any way may lay any manner of clayme or challenge to the afore
parcell of land forever And the said John Burges doth further binde
himselfe to come over from Talbott County with his wife to give
the said John Atkey sure & good Assureance of the abovesaid par-
cell of land in Calvert County Court And the said Assureance &
acknowledge to be given by the said John Burges & his wife unto the
said John Atkey in March Court next in Calvert County And in case
the said Burges & his wife doe performe & make good the said par-
cell of land unto the said John Atkey according to the true mean-
ing & intent of this Obligacon That then the said Obligacon to be
void of all force & of none effect, otherwise the same to stand in
full force & vertue against the said John Burges In wittnes whereof
I have hereunto putt my hand & Scale the day & yeare above written
And the said parcell of land containing one hundred & fifty acres ac-
cording to the bill of sale thereof. Which being read & heard the said
W" & Amiah by their Attorney aforesaid come & defend the force
& injury when &c and pray liberty of speakeing hereunto next Court
& itt is granted them, the same day is given to the said John
Atkey also.

Now here att this day to witt the one & twentieth day of fltebruary
in the third yeare of his Lordpps dominion &c Annocp Doni 1677.
came the said Defendants by their Attorney aforesaid, & offered
themselves against the said John Atkey in tlie plea aforesaid, but



164 Provincial Court Proceedings, 16^^/8.

Liber NN said John came not to prosecute his plaint aforesaid Therefore itt
is considered by the Court here, that the said W" & Amiah recover
against the said John Atkey the sume of Eight hundred thirty six
pounds of tobacco for their costs & charges by them about their
defence in this behalfe sustained unto the said W™ & Amiah by the
Court here adjudged And the said John Atkey in mercy for his
false clayme

Thomas Taillor]

George OldfeildJ
Jarvis Ballard]

ag^ . [
Henry Smith J



'These two actions are continued untill next Court



p. 423 Mary Tilghman Ex''"
Richard Tilghman

ag*
Henry Mitchell



Unlesse the defend* appeare next April Court,
the Sheriffe of Calvert County amerced. &
ordered that the said Sheriffe assigne over the
baile bond to y' p**



W™ Pyper ] Thomas Smith late of S* Maryes County Marriner
ag* ^otherwise called Thomas Smith Sloopman of S'

Thomas Smith J Maryes in Maryland was Sumoned to Answer unto
W™ Pyper of a plea that he render unto him the
full & just quantity of two thousand & ten pounds of M''chantable
Aranocoa tobacco & caske which to him he oweth & unjustly
detaineth

And whereupon the said W™ Pyper by Robert Ridgely his Attorney
saith, that whereas the said Thomas Smith the twenty eighth day of
November one thousand six hundred seventy six by his certaine writ-
ing obligatory Sealed with the Seale of him the said Thomas & here
in Court produced whose date is the day & yeare aforesaid, did
acknowledge himself e to owe & to be indebted unto the said W"" Pyper
the full & just quantity of two thousand & tenn pounds of M'"chant-
able Aranocoa tobacco & caske to be paid unto the said W" Pyper
his Attorney or assignes att or upon the twentieth day of Decemb''
next ensueing the date of the same writing Obligatory, for the which
payment duely & truely to be made, the said Thomas did binde him-
selfe by heyres Ex" or assignes firmly by those p^'sents Notwith-
standing which the said Thomas Smith the said summe of two thou-
sand & tenn pounds of tobacco according to the tenour of the said
writing obligatory although often thereunto required to him the
said W™ hath not paid, but the same to pay hath refused & denyed, &
to pay the same as yet doth refuse & deny, whereupon the said Wil-
liam saith he is damnified & hath lost to the Value of three thousand
pounds of tobacco & thereupon he produceth his suite.



Provincial Court Froceedinfjs, i6jj/H. 165

And the said Thomas Smith by Christopher Rousby his Attorney Liber NN
Cometh & defendeth the force & injury when &c And the said Tho:
prayeth the heareing of the said writing Obligatory & itt is read
unto him, he also prayeth the heareing of the Condicon of the same
writing obligatory & itt is read unto him in these words The condi-
con of this Obligacon is such That if the above bound Thomas Smith
his heyres Ex''" or assignes shall duely & truely pay or cause to be
paid unto W™ Pyper his Attorney or assignes the full & just Sume
of One thousand & five pounds of good sound m''chantable tobacco
& caske att or upon the twentieth day of December next in the
County of S* Maryes, then this Obligacon to be void, else to re-
maine in full power force & vertue, Which being read & heard the
said Thomas Smith by the said Christopher Rousby his Attorney
saith that he cannot deny but that true itt is that he the said Thomas
the said twenty eighth day of Novemb"" one thousand six hundred
Seventy six by his certaine writing obligatory in manner & forme
as in the said Declaracon is expressed, did acknowledge himself e to
be bound unto the said W™ Pyper in the sume of two thousand &
tenn pounds of tobacco & caske with Condicon that if the said
Thomas his heyres Ex" or assignes should pay or cause to be paid
to the said W™ Pyper his Attorney or assignes the just quantity of
one thousand & five pounds of tobacco & caske att or upon the said
twentieth day of Decemb*" then next ensueing in S' Maryes County,
then the same obligacon to be void, otherwise to remaine in full
force, as by the same W™ ag^' him the said Thomas above is declared
But the said Thomas for plea saith, that before the sueing out the
Originall Writt of this action to witt The said twentieth day of p. 424
Decemb'' & for a long tyme before & after, he The said W" Pyper did
imploy one John Dormond as his ffacto'' & Receiver of tobacco in
this Province & dureing that tyme & before the sueing out the said
Originiall writt to witt the said twentieth day of December One
thousand six hundred seventy six he the said W" did request &
order him the said Thomas to pay the said one thousand & five pounds
of tobacco & caske due as aforesaid to the said W™ unto the said
John Dormond for the use of the said W™ And did declare that such
payment should be sufficient satisfaccon to him the said W" Pyper
And the said Thomas further, saith, that in complyance with the
request & order aforesaid of him the said W™ & for the satisfaccon
of the said debt, he the said Thomas afterwards to witt the said
twentieth day of December One thousand six hundred seventy six &
before the sueing out of the originall Writt aforesaid, did pay unto
him the said John Dormond as ffactor & Receiver of the said W'™ &
for the use of him the said W" the said sume of One thousand &
five pounds of tobacco & caske due to the said W'™ by the obligacon
aforesaid & of this he putts himselfe upon the Countrey, & the said
plaintiffe likewise Therefore comand is giuen to the Sheriffe of
s' Maryes County that he cause to come here twelve &c



i66



Provincial Court Proceedings, idjj/S.



Liber NN And now here att this day to witt the one & twentieth day of
ffeb"^ in the third yeare of the dominion of Charles Lord Baltemore
&c Annocp Dom 1677. came as well the said plaintifife as the said
Defend' by their Attorneys aforesaid, & the Jurors impannelled
being called likewise came to witt, Tho : Cosden, Tho : Doxey, Henry
Phippes, Tho : Bankes, Jn° Askin, Tho : Potter Tho : Pattison,
Richard fifenwick, Philip Lynes, Tho: Keyting, W" Thomas &
W™ Eagle who to say the truth in the p'"misses being elected tryed &
sworne upon their Oaths doe say we finde for the plaintiffe with
costs of suite Therefore itt is considered, that the said plaintiflfe re-
cover against the said Def as well the sume of two thousand & ten
pounds of tobacco as also the sume of One thousand & sixty pounds
of tobacco costs of suite



John Addison & ux
Ex'^ Tho : Dent

Tho : Potter Adm^ Geo :

Marshall

Geo : Parker

ag*
Edw^ Inglish Adm*"
Roger Thorpe
the same]

ag* \
the same



These three actions are continued untill
next Court



Stephen Luffel James Rumsey late of Petuxent River in Calvert
ag* I County otherwise called James Rumsey in the Prov-

James RumseyJ ince of Maryland gentt was Sumoned to Answer
unto Stephen Luffe of a plea that he render unto him
the full & just quantity of foure thousand two hundred & sixteen
pounds of good sound every way well condiconed M''chantable to-
bacco & caske which to him he oweth & from him unjustly detaineth
And whereupon the said Stephen Luflfe by George Parker his
Attorney saith, that whereas the said James Rumsey the twenty fifth
of July one thousand six hundred seventy six by his certaine bill
p. 425 obligatory sealed with the said James Rumsey & here in Court pro-
duced whose date is the day & yeare abovesaid, did owe & stand
firmly indebted unto Stephen Luffe of the Citty of Bristoll M''chant
in the full & just quantity of foure thousand two hundred & sixteen
pounds of good sound every way well condiconed Aranocoa tobacco



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