Provincial Court Proceedings, 1677/8.   453

         detaining of the debt aforesaid and costs of Suite Against which Liber N N
         judgemt James Mills Exr of the last Will & testamt of the said
         Samuel Boston peticoned this Court to be relieved, alleadging that he
         could prove paymt thereof.
          Afterwards to witt the ffifteenth day of June in the third yeare
         of his Lordpps Dominion &c Annoq3 Doni 1678 came the said James
         Mills in his proper person & proved payment of the aforesaid pre
         tended debt of Nineteen hundred & fiue pounds of tobacco There
         fore itt is considered that the judgemt aforesaid be revoaked adnulled
         & altogether held for nothing

         William Burges Robert ffrancklin late of Ann Arundell County
             agst otherwise called Robert ffrancklin of Ann Arundell
       Robt ffrancklyn  County in the Province of Maryland genti was
                    Sumoned to answer unto Colonell William Burges
         of a plea that he render unto him the full Sume & just quantity of
         Seventy & seven thousand pounds of good sound Mrchantable to
         bacco & caske which to him he oweth & unjustly detaineth
          And whereupon the said Wm by Robert Carvile his Attorney Saith,
         that whereas the said Robert ffrancklin upon the tenth day of April p.
         Annoq Doni One thousand six hundred seventy eight by his con-
         tame bond or writeing obligatory Sealed with the Seale of him the
         said Robert & here in Court produced whose date is the day & yeare
         abovesaid, did confesse & acknowledge himselfe to owe and stand
         indebted unto the said Wm Burges in the full sume & just quantity
         of Seventy & Seven thousand pounds of good sound Mrchantable
         tobacco & cask to be paid unto the said Wm Burges his certaine At
         torney his heyres Exrs Admrs or assignes att some convenient place
         in the County aforesaid not exceeding half e a Mile from the water
         side To the which payment well & truely to be made he did binde
         himself e his heyres Exrs & Admrs firmly by those prsents Yet not
         withstanding the said Robert the said sume of Seventy & Seven
         thousand pounds of tobacco to him the said Wm Burges though often
         theretintn requested hath not paid, but the same to pay hath denyed
         & still doth deny to the damage of the said Wm One hundred thou
         sand pounds of tobacco & thereupon he bringeth his suite
          And the said Robert by George Parker his Attorney cometh &
         defendeth the force & injury when &c and prayeth the hearing of
         the said writeing obligatory & itt is read unto him, he also prayeth
         the hearing of the Condicon of the said writeing obligatory & itt is
         read unto him in these words following Vizt The Condicon of this
         Obligacon is such, that if the above bounden Robert ffrancklin his
         heyres Execrs Admrs or assignes or either of them doe well & truely
         pay or cause to be paid unto the above named Colonell Wm Burges
         his certaine Attorney his heyres Exrs Admrs or assignes the full
         sume & just quantity of thirty eight thousand foure hundred &