Charles County Court Proceedings, 1658-1662.     43

     it is also affirmed by the oaths of william Alien and Elisabeth Att- Liber A
     wicks that Richard Trew sayd tht bee had sould his Land and Planta
     tione and had giuen Posession thearof unt walter Ges

     the Precedant oaths prouing that thear was a bargaine and a deliuerie
     it is thearfor ordered that the defendant make good his bargaine
     unto the Plantiue and deliuer him the Pattents for the sayd Land.

     Mr James Linsey Plantiuc The Plantiue Aresting the defendant in
     Hennerie Lillie Defendant an actione of the Case prefereth his
                  Petitione as falioweth:

       To the Worshipful Commissi: : of Charleses Countie the humble Pe- 107
     titione of Mr James Linsey most humbly Sheweth that your Petitioner
     agreed with Hennerie Lillie for flue tone of Caske to bee set up
     by the last of October Ao 1658 and for the trew performance thearof
     the sayd Lillie passed unto your Petitioner a conditione under his
     hand which conditione bee hath falsefied and your petitioner is
     thearby much damnified The Premisses beeing taken into your Seri- [p. 53]
     ous Considerations your Petitioner most humblie Craueth A Reliefe
     for his dammages according to law and Equitie and your Petitioner
     shal Pray

       The Defendant proouing that it was the Planttiues Default in not
     fetching the timber for the Sayd Caske according unto bargaine it
     is thearfor ordered that the Plantiue shoold bee nonsuited

       Whearas it was Ordered at a Court held in Charleses Countie the
     26 October Ao 1658 that in Case thomas Mathews Atturney for
     Richard Couell did not giue unto Mr William Batten Securitie for 108
     the fifth years Seruitude of Edward goodman Sayer, that then an
     Attachment was to bee issued forth against the sayd Richard Couels
     Estate, the sayd Mathews not giuing any Securitie Thees are thear
     for in the Lord Proprietaries name to will and requir you to attache
     Any the goods or debts in this Prouince of Richard Couels Marinor
     to the valew of too thowsand nine hundered pounds of tob: at the
     Suit of Mr William Batten and returne this your warrant at the
     Court held in Charleses Countie the Second of may next. hearof
     fayle not as you will answer the contrarie at your peril and then and
     their Returne this your write giuen under my hand this 26th of
     March Ao 1659                    Josias Fendall
     Attached in order to this aboue mentioned Writte in the hands of
    Capt: William Battine too thowsand nine hundered pounds of tob:
     and Caske the 23th of Aprill 1659
                        Per me Nicholus Gwyther Sherriffe

       The Precedent Attachment beeing serued upon the estate of Rich
     ard Couell Marinor and his Atturney Mr Thomas Mathews hauing
     had notise thearof by the Sherife who taking no order concerning