550 Proceedings of the Council of Maryland, 1694 97.

     Lib. H. D. his making at this Board as one of his Mats honrble Councill

            an end with the Commis- untill he should have ffinished all Business concern

            sary &ca ing his Administracon on Govr Copleys Estate) &

            says that he is now in hopes of making an End of that

            Matter with the Commissary to morrow.

     Whitehall He is acquainted that he may then Come and take his

            place in the Councill again.

        Produced and Read the following Peticon, Vizt

              To his Exncy ffrancis Nicholson Esq Capt Genll & Command:

            in Chief of Maryland & Councill &ca

              The humble Peticon of Thomas Ashwick ffactor of John

            Rodgers of Plimouth mercht

            Mr Ashwicks Humbly Sheweth.

            Peticon abt That by this last ffleet yor Peticonr Recd from his

                   sd imployer divers Letters & Instructions to load a

            Ship of his that Came in the sd ffleet & send home with the

            Convoy, And that when the ffleet Came in he had 32 hoggds

            of Tobo laid upon Capt Gerrard Slyes Plantacon at Bushwood

            put there by Agremt with his Attorney Mr Samll Cooksey for

            wch yor Peticonr was to pay Twelve pence p hhd & there the

            same lay for abt a Month after the sd Slyes Arrivll Untill one

            Scurrey sent to him for Tob and then the said Slye puts

            yor sd Imployers Tobo on board the sd Scurry's Sloop and

            sends on board his Ship giving Ordr that if yor Peticonr would

            not pay what he Demanded for Carrying the Same To Capt

            Scurry's Ship he should Stow it away as the sd Slyes Tobo

            & because yor Peticonr could not with Safety and honr to his

            Irnployer doe soe the sd Slye hath (as yor Peticonr is Informed)

            broke Open Three of the sd hhds of Tobacco and disposed

            of them and the rest of the Tobo hath Caused to he stowed

            on Board sd Scurryes Ship as his own Tobo Therefore yor

            Peticonr for Remedye in the prmises hath sued Prosses out of

            Prov” Court as well agt the sd Slye as agt the sd Scurrye for

            his Damages Occasioned his Imployer by the Unjust and

            unwarrantable doings of them in breaking Open part of the

        p. 421  Sd goods and disposing of it And the Remainder at their

            pleasure, Whereby the sd Rogers Ship is like to goe home so

            much dead ifreighted.

              But the sd Slye and Scurrye Knowing the injustice and

            Damage they have done and tht yor Peticonr had sued out

            prosses agt them for the same & had sent Declacons with the

            Writts expecting to Come to Tryall this Court the matter

            depending wholy upon Trade are both of them absented from

            the Places of their abode So tht the Writts cannot be Executed.