472       Provincial Court Proceedings, 1665.

                Liber F F long since according to the tenor of the said deed paid a Considerable

                part and is ready uppon performance to pay the remaindr yet neuer

                theless he the said Reap him the said Smyth onely minding to Cheate

                Cozin and defraud of the benifltt of the said Agreemt which hee

                according to Justice and equity ought to receiue thereby, hath

                heitherto neglected and utterly refused the aforesaid deed and Coue

                nant to make good, the which on his part by uertue of the aforesaid

                deed he stands Obleiged to performe, Wherefore the said Smyth sayth

                in fact, that he is really through and by meanes of the said Reapes

                neglect Refusall fraud and deceipt, dampnifyed to the uallue of tenn

                thowsand pounds of tobaccoe & Caske The Consideracon of the

                prmisses the Complainant humbly ref errs to the graue Judgmt5 of this

                Honble Court and humbly Craueth the benifltt of this accon and

                Judgmt agst the said Samuell Reape, for his performance of Coue

                nants and for his dammage susteyned as aforesaid and Cost of suite—

                Ditto die Dauid Anderson by his Attorney dds summons for Elizabeth Emer
                     son and Thomas Knight to testifye in Causo inter Hen: Hudson
                     ptt: and ditto Anderson defent upon perill of forfeiting 500lb tob:
                     each person in Case they appeare not according to summons, on the
                     10th Octobr next Proall Court Summons to she? of Charles County
                     to summons &c:

              Sept 29th Wm Boarman dds summons for John Pille to testifye &c in Causo
                       inter ditto Boarman ptt: & Marmaduke Snow deft in an accon upon
                       his Case to the uallue of 40000lb tob: and to bring wth him that Ob
                       ligacon (now in his Custody) betweene the said ptt: and deft Con
                       cerning this suite uppon perrill of forfeiting 500lb tob: in Case he
                       appeare not according to summons—
                       Summons to sher. St Marys County Ret: 10th Octobr next

                 [p. 59] These are in the name of the Rigt Honble the Lord Proprietary of
                Octobr 2 this prouince to will & require yow to summons William Boarman
                     and Thomas Innis to make their prsonall appearance att the next
                     Prouinall Court to be holden att St Marys on the 10th instant there to
                     giue Euidence on the behalfe of the Lord Propr agst Tho: Courtney
                     for breach of his lops peace, & this in noe wise Omitt yee undr the
                     penalty of 500 tob: and then & there returne this writt, And for soe
                     doeing this shall be yor warrt Giuen undr my hand this 2d October
                     1665                             Philip Caluert
                     To the sherriffe of St Marys County
                      Or his Deputy—

                       Ditto die issued another sumons for Henry Darnall & Wm Smyth







                       to testifye on behalfe of the Lord Propr agst Tho: Hamper Vt supra—
                       The same for Capt Robt Troope to testifye ut supra agt Courtney