542       Provincial Court Proceedings, 1670.

        Liber JJ    the Court here to witt the sixtenth day of April in the xxxviiith jith yeare
              of his Löpps Dominion that the said Thomas recover against the
              said John Allen of the estate of the said John Hitchinson the afore-
              said summe of foure thousand foure hundred sixty nine pounds of
              tobacco with costs of suite.

              John England agt Beckwith late of the County of Calvert
              George Beckwith [planter was attached to answer John England in
              a plea of trespas upon the case And whereupon the said John England
              by John Morecroft his Attorny saith that whereas the said John
              England the twenty second day of may in the six and thirtith yeare
              of the Dominion of Caecilius &c at petuxent in the County aforesaid
              had bought of Christopher Birkhead marriner two hoggesheads of
              bread and One hoggeshead of malt and the same haveing so bought
              as is aforesaid the said John with the consent & likeing of the said
              George and in consideration that he the said John did then and there
              assume upon hirnselfe and to the said George did faithfully promise
              that he the said John would pay to him the said George reasonable
              storage did putt the said two hoggesheads of bread and the said One
              hoggeshead of malt into the tobacco-house of him the said George
              and them there left in the Custody and Safe Keepeing of him the said
              George in consideration whereof he the said George did assume upon
              himselfe and to the said John did then and there faithfully promise
              that he the said George the said two hoggesheads of bread and One
              hoggeshead of malt safely would keepe and them to the said John
              when thereunto required the said John paying reasonable storage
              for the same would deliver notwithstanding which the said George
              his promise and assumption little regarding but diviseing and fraudu-
              lently intending him the said John of the said two hoggesheads of
              bread and the said One hoggeshead of malt utterly to deceive and
              defraud the said two hoggesheads of bread and the said One hogges-
              head of malt to him the said John though often thereunto required
              the said John proffering to pay him the said George reasonable stor-
              age for the same hath not delivered but doth altogether refuse to
              deliver the same to the great damage of him the said John where-
              upon he saith he is dampnified and hath losse to the value of ten thou-
              sand pounds of tobacco And thereupon he bringeth his suite
                And the said George Beckwith by Robert Carvile his Attorny corn-
              eth and defendeth the force and injury when &c and saith he did
              not make such promise or assumption as the said John England hath
        [p.87] in the said Declaration above alleadged and of this he putts himselfe
              upon the Country and the said John England also therefore Comand
              is given to the Sheriff of St Maries County that he ithediately cause
              tn come here twelve &c who neither &c because aswell &c.
                Afterwards to witt the fourtenth day of April in the xxxviiith
              yeare of the Dominion of Caecilius &c came the said John England