Provincial Court Proceedings, 1669—70.   519

      Ordered by the Justices here to witt the xith day of February in Liber JJ
    the XXXViijth yeare of his LOpps Dominion That Henry penington
    be satisfied & paid for himselfe and others for the burying and ex-
    pences upon Richard Miller deceased by the Administrator of the
    estate of the said Richard the quantity of foune hundred pounds of
    tobacco

    Miles Cooke agt Miles Cooke by Daniel Jenifer his Attorny com- [r. 67]
    Josias Fendall plaineth against Josias Fendall in a plea of trespas
    upon the case for that that is to say whereas the said Josias the five
    and twentith day of January in the two and thirtith yeare of the
    Dominion of Caecilius &c was indebted to the said miles the summe
    of fifteene thousand seaven hundred pounds of good sound merchant-
    able leafe tobacco and caske and being so endebted the said Josias did
    assume upon himselfe and to the said Miles did faithfully promise
    that he the said Josias the said summe of fifteen thousand seaven
    pounds of tobacco and Caske to the said Miles would well and truly
    pay upon demand in convenient places in Potomack River Notwith-
    standing the said Josias his promise and assumption so made as a fore-
    said little regarding but deviseing and fraudulently intending him the
    said Miles to deceive the said summe of fifteen thousand seaven hun-
    dred pounds of tobacco and caske to him the said Miles though often
    theneunto required hath not paid but the same to him to pay hath
    hitherto denyed and as yet doth deny whereupon the said Miles Saith
    he is the worse and hath losse to the value of twenty thousand pounds
    of tobacco and thereupon he bringeth his suite.
      And the said Josias by Robert Carvile his Attonny doth come and
    defend the force and injury when &c and the said Robert saith that
    he is not informed by the said Josias his Client of any answer to him
    to be given wherefore the said Miles remaineth against the said
    Josias undefended wherefore it is considered of by the Court here
    that the said Miles shall recover against the said Josias the summe of
    founteene hundred seventy five pounds of tobacco being the remainder
    of the abovesaid summe of fifteene thousand seaven hundred pounds
    of tobacco, with Costs
      Whereupon it was Comanded the Sheriff of Charles County to witt
    the eleventh day of February in the xxxviiith yeare of the Dominion
    of Caecilius &c that he take the said Josias if &c and him safe keepe
    so that he have his body before his Löpps justices here the xiith day of
    April next to satisfie the said Miles Cooke the summe of fourteene
    hundred seventy five pounds of tobacco aforesaid and also five hun-
    dred and sixteene pounds of tobacco more for Costs of Suite.

    Henry Warren agt George Goodrick and Robert Goodrick late of
    George Goodrick & Charles County planters were attached to answer
      Robert Goodrick unto Henry Warren Gent of a plea wherefore by