434  Provincial Court Proceedings, 1665.





              Liber F F To the honble Gouernor and Councell of the prouince of Maryland
                       The humble petn of John Wright

                       Sheweth that whereas yor petr had freight taken on board the
                      Accamack mercht Mr Tho: Smyth Comandr for 30 hhds of tobacco
                      by Chartr party and 10 hhds more by promise in all 40 hhds as yor
                      petr can proue in purseance of which the said Smyth sent his Boat
                      swaine and another seaman wth Capt Tullyes sloope which he had
                      borrowed to fetch the said tobacco on board and when it was in the
                      shipe yor petr being then there, went to the said Smyth to demand
                      bills of loading for the abouesaid tobacco which the said Smyth re
                      fused to giue yor petr, reuileing him wth tearmes of Cheating Knaue
                      and Cheating Rogue, taking up a great rope and striking yor petr
                      many blowes wth it forcing yor petr out of his shipe into the Boate
                      of William Caluert Esq who was a spectator in the said place, by
                      which meanes yor petr was forced to goe on shore to prserue his life,
                      where yor petr was forced to Continue 4 dayes wthout doing any
                      thinge att all of his bussiness there, and was wholy obstructed by
                      that meanes of managing his affaires at home in making up his accts
                      for his imployers in England and settling other respectiue accompts
                      in the Country which said accts should haue gone home by Capt
                      Morrice the not prforming hereof in all probabillity wth reproachable
                      language giuen unjustly to yor petr may in all likelyhood loose his
                      imploymt which is his whole liuelyhood being yearely intrusted wth
                      500lb sterling, to his damage and defame one hundred thowsand
                      pounds of tobacco the humble request of yor petr is that the said
                      Smyth may be Compelled to repaire the reputacon of yor petr pub
                      licke in open Court wth reparacon of the unjusttifyable battery the
                      losse of time Charges and damage wth Cost of suite and trouble, And
                      yoT petr shall pray &c

                19th John Whright dds writt agst Capt Thomas Smyth in an accon
                      uppon his Case to the uallue of 18000lb tob:
                       Warrt to sherriffe of St Marys County to arrest &c. Ret 13th June
                      next Prouinall Court—
                      The said Wright dds sumons for Robt Searell Boatswaine and
                      Willm Clayton to testifye In the said Cause &c
                       Summons to sherriffe of St Marys County to warne &c Vndr
                      alty of 500 tob if they appear not each person
                  [p.7] To the Rigt Honble the Gouernor & Councell
                       The humble petn of Jno wright, sheweth
                       That whereas yor petr had freight taken aboard the Accamack
                      mercht Mr Thomas Smyth Comandr for 30 hhds by Chartr party and
                      10 hhds more by promise in all 40 hhds as yor petr can proue now
                      the said Smyth hauing receiued the abouesd tobacco aboard the said
                      shipe refuses to giue yor petr bills of loaden