432  Provincial Court Proceedings, 1665.





               Liber F F That yor petr hauing shipped on Board the Jacob of Bristol Absolon
                      Couant mastr a Cargo of Goods as by his Chartr pte dated at Bristoll
                      24th Sept 1664 may more at large appeare and by the said Chartr
                      party the sd Couant & Company belonging to the said shipp were
                      bound to deliuer the said Cargo of Goods after theire arriuall in this
                      Prouince unto yor petr upon demand, wch Contrary to the said Chartr
                      pte they refused to doe & unjustly detained them
                       That the said ffoxall hyred Capt Aliens sloope and men to fetch
                      his aforesaid Goods but the said Couant refused to deliuer them
                      prtefldiflg the said ffoxall had noe right to them and kept the said
                      Alien and his men and sloope 4 or dayes for which yor petr sattis
                      fyed them and att last gaue yor petr part onely of his Goods, but
                      when y0r petr came afterwards for the remaindr of his goods which
                      came to neer the uallue of three hundred pounds sterling, which yor
                      petr hyred of Capt James Neale, the said Couant refused to deliuer
                      them to yor petr after which the said ffoxall went Mr Slyes boate
                      and handes to demand his aforesaid goods & 3 or 4 times more Wth
                      his owne boate and hands but still the said Couant and Company
                      refused to deliuer them, soe that by the said Couants wrongfully de
                      taining of them yor petr could not sell them to accomplish his freight
                      i)Ut was forced to dispose of the freight before the dayes were ex
                      pired to his uery greate losse & damage
                       That the said Couant hath kept the Goods aforesaid from the
                  [P.4] of Decembr untill the 16th or 17th of ffebruary last and some of the
                      said Goods he hath disposed of imbezelled and changed and will giue
                       the said ffoxhali noe acct of them nor can he get them to this day to
                       the damage of yor petr fifty thowsand pounds of tobacco—
                       Wherefore yor petr humbly prayes Order of this Honble Court agt
                      the said Couant for his unjustly deteyning the said ffoxalls goods
                      to yor petrs uery greate damage or that yor honnrs will be pleased
                      to appoint an able Jury to Consider therein and allow yor petr such
                      damage as to yor Honnrs shall seeme meete—.--And lie shall pray &c

               Aprill 7th John ffoxall dds writt agst Absolon Couant in an AccOn of his
                      Case uppon Trouer and Conuersion to the uallue of tenn thowsand
                      pounds of tobacco—
                      Warrt to sherriffe of St Marys County to arrest &c Ret 13th June
                      next Prouinall Court—
                      To the honble the Gouernor and Councell of the Prouince of
                         Maryland
                       The humble petn of John ffoxall Sheweth
                       That yor petr being engaged by Charter party to ship 40 hhds of
                      tobacco aboard the Jacob of Bristoll Absolon Couant Comandr and
                      had giuen him notice to receiue the same, foure of which lying abouc