Charles County Court Proceedings, 1662-1666.     281

     Richard Rich for her son Burdits use which wear seauen in number Liber B
     and 4s in siluer and desired that at his returne hee woold Returne to [p. 11]
     this deponant six new ons for them and to haue them marked with
     E B of this deponants daughters Childs name and Mr Richard Rich
     Braught them in as was affirmed to this deponant by her Cosen
     Elisabeth Caluert who had them in her hand and shee demanded
     them of Mr Richard Rich who woold not deliuer them to any but to
     this deponant and further sayeth not:

     whearupon the defendant sd that the plantiue had arested him and
     not as the Atturney of Mr Richard Rich and thear for most humbly
     Craueth a nonsuit which is granted him

     James Lee Plantiue The plantiue Aresting the defendant in
     Samuell Price Defendant an action of the Case prefereth his Peti
                     tion as followeth

      To the worshipfull Commissioners of Charleses County the
     humble petition of James Lee humbly sheweth
      That your petitioner beeing bound for Samuell Price to francis
     gray in the quantitie of too thowsand pounds of tobacco and
     Caske The premisses Considered your petitioner humbly Craueth
     order that the aforsayd Samuell Price may put in to your petitioner
     sufficient securitie for the abouesayd sum of tob: and Caske the sayd
     Price beeing non resident (and your petitioner standeth bound with
     him) with Cost and Charge of suit and your petitioner shall humbly
     Pray

      Whearupon the defendant alleged that the plantiue was bound for
     his appearance at a Court appoynted to bee held at a certain time in
     Verginia at which time thear was no Court thear then held the law
     not tiing men to impossibilities your orator humbly Conceaues the
     bond to bee uoyd in itself and thear for most humbly Craueth a non-
     suit with Cost and Charge of suit: which is granted and thearfor
     ordered that the plantiue shoold bee nonsuited and pay the Cost and
     Charge of suit:

      Dauid Prichard Sworne and examined in open Court at the Re
     quest of Cap Richard Banckes deliuered his oath as followeth in
     wrighting
      I whos name is hear underwritten was going to Arest Mr Hagget
     in Mr Banckeses suit and hauing receaued the bill of Mr Batchelor to
     demand this tobacco in the euening thincking hee had bin at home 1
     hauing the bill betwixt my fingers as I came up the Alley and from
     thence into the hows not finding of him at home I lay thear that
     night and a bed was maed afore the fier for mee to ly on and thear [p. 12]
     lay with mee that night dauid Thomas the younger and Thomas