Provincial Court Proceedings, 1658. 217

due to himselfe out of the same Eight hund^d pownds of Tob) w^ch
hee shipped home for England in another ship, & not in his owne

ship: w^ch Tob prouing nought, hee thought not fitt to cleare itt :
neuer making a penny profitt thereof, w^ch accompt he formerly gaue
the plf.
The plt further alleageth th^t hee gaue the deft order to ship it in
noe ship home, but in his owne ship, & th^t the ptf was to runne the
hazard in the Tob home. But hauing noe wittnes to this contract or
Bargaine, ffor the clearing of w^ch Cap^t Samuel Tilghman sayth
uppon Oath That hee shipped home Two hogsheads of Tob, w^ch
he receaued of Jenkin Price for the use of Rob^t Kedger & one hogs-
head of his owne, W^ch Three hogsheads hee neuer cleared, or re-
ceaued a penny for them. But left them for the freight in Cap^t
Svvanleys hands, And th^t the Two hogsheads weighed about Eight
hund^d pownds, & th^t there remaines still due to Robert Kedger about
Two hund^d pownds of Tob.
It is ordered th^t the deft eyther returne the Bill of Jenkin Price
according to his condicon, or ells pay Two hund^d pownds of Tob w^th
Costs of suite unto the ptf.

Liber
P. C. R.

Came Joseph Edlow & acknowledged a Judgm^t to Cap^t Nicholas
Gwyther Attorney of Cap' Richard Whyting for seauen hund^d
sixty fine pownds of Tob & Cask.
The Court adiorned by the Gou^e till to morrow morning att 8 of
the Clock.

Whiting v.
Edlow

ffriday the 25^th of ffebruary 1658.
Pnt^e

1658/9
Feb. 25

Josias ffendall Esq^r Gou^r
Philip Caluert Esq^r Seer
Cap^t Will^m Stone

M^r Rob^tClearke
M^r Job Chandler

D^r Luke Barber
M^r Baker Brooke

To the hon^ble the Gou^e & Councell of the Prouince of Maryland
The humble Pet" of Raph Crouch Sheweth That sometime in
Octob^r last was tweluemonth, M^rs ffemwick comming to M^r Thomas
Mathewes howse equyred of the s^d M^r Mathews concerning a horse
Colt w^ch shee missed; M^r Mathews certifyed her, That there was a
horse Colt in the neck yett telling her w^th all th^t that Colt in the neck
did belong to M^r Starkey, informing her allso of the marke of the
Colt, & how th^t that Colt was dragged ouer S^t Inegos Creek w^th a
Rope, & soe putt into the neck by some of Cap^t Cornewalleys poeple.
And th^t that Colt had a Soare in one of his ffeete, occasioned by

Crouch v.
Fen wick

tying him up att the Crosse, when Cap^t Cornewalleys & M^r Mathewes
were bargayning about that Colt. And John Bogue being then w^th
M^rs ffenwick told the s^d M^r Mathewes, th^t if hee could but see the
Colt, hee could giue a guesse, whither it was M^rs ffenwicks Yea or
Noe, by a priuate marke. Whereuppon John Bogue & M^r Mathewes

P. 175