Provincial Court Proceedings, 1676.    363

        session the estate of the said Barnes neither will he rendre yr Peti- Liber N N
        tioner as Admr any accompt thereof) did Order & comand the said
        James to appeare before his Lopp at st Maries to answer the prmisses
        as by the Petition hereunto annexed appeares but the said Charles
        James appeared not although acquainted with his Lopps Order by
        yr Petitioner, who is ready upon his Oath to averre the same
            yr Petitionr therefore doth humbly begg that the said Charles
            James may be compelled to Surrender up unto yr Petitioner the
            said Barnes's estate & the inventory thereof or otherwise the
            Said James may repay yr Petitioner what Charges he hath been
            at & expended upon the said Admcon and his reall debt due from
            the deceased
                              And he shall pray &c.
        December the 7th 1676.
          The Petitioner in Open Court did upon his Corporall Oath de-
        clare that the Said Charles James would not take notice of the Peti-
        tion & Order aforesaid Whereupon it is Ordered by the Court here
        that warrant issue to the Sheriff of Cecil County that he cause the
        Said Charles James to come here next Provinciall Court to answer
        the premisses.

        ffrancis Partis     Nehemiah Blackistone of st Maries County
            agt otherwise called Nehemiah Blackistone of
    Nehemiah BlackistoneJ   st Maries County in the Province of Mary-
                       land Gentleman was Summoned to answer
        unto ffrancis Partis of Newcastle upon Tyne in the Kingdome of
        England marriner of a plea that he render unto him Six thousand
        nine hundred and twenty pounds of tobacco which to him he oweth
        & unjustly deteineth.
          And whereupon the aforesaid ffrancis Partis by John Jones his
        Attorny Sayes that whereas the aforesaid Nehemiah Blackistone
        On the fourth day of March 1674/5 by his certaine writeing under his
        hand & seale here ready to be produced in Court did acknowledge
        himself e to Owe & stand justly indebted unto the said ffrancis Partis
        the full and just quantity of Six thousand nine hundred & twenty
        pounds of good Sound merchantable tobacco in caske to be paid
        conveniently at or upon the tenth day of October then next ensueing
        & by the said writeing did bind himself e his heirs executrs and admrs
        for the payment of the same as thereby will & may move at large
        appeare notwithstanding the aforesaid Nehemiah Blackistone al-
        though often demanded the aforesaid summe of six thousand nine
        hundred & twenty pounds of tobacco to the said ffrancis Partis he
        hath not as yet rendered but the same hath hitherto denyed to pay
        and as yet doth deny whereupon he Saith he is dampnified three
        thousand pounds of tobacco & thereupon he brings his action
          And the Said Nehemiah Blackiston by Kenelm Cheseldyn his