568       Provincial Court Proceedings, 1670.

         Liber jj     poundes of Tobaccoe apeece They beinge Hindred by the winds &
              weather could not possibly appeare accordinge to their Sumons

                Uppon Wensday to witt the 14th day of this Instant December It
              was Ordered by the Cort uppon a Certaine Inquisicon then prsent to
              this Cort concerninge Two Servts of Mr Henry Wardes of Baltemore
              County that weere Dead,
          Henry That the said Mr Henry Warde should give security to appeare
       Ward &C. att or next Provinciall Cort & that All the witnesses shall be bound in
              Recognizances to Appeare then & Testifye their Knowledge Concern-
              inge the Same.

          [p. 112] Thomas Thurston of Ann Arundell County was Ordered to pay
       Thurston Twelve shillings & six pence for the Charge of an Attachmt agt him
       12s & 6d & out of the Chancery to Testifye on the behalfe of an orphan, And for
       500 lb of Tob     rt
          Fyned Contempt in Co for not Testifyinge Concerninge the same was
       Accordinge likewise Fyned Five Hundred poundes of tobaccoe And Alsoe to
       toanActof         .
      Assembly   Answer what Plaint shall be brought agt him the said Thomas Thurs-
              ton on behalfe of the said Orphant

                Thereuppon to witt the 14th of December the said Thomas Thurs-
              ton Tendered the said Twelve shillings & six pence wch was Accord-
              ingly paid in Cort to Mr Morecroft Attorney Concerned in the At-
              tachmt agt the said Thomas Thurston.
                For the said Fyne of Five Hundred pounds of Tobaccoe the said
              Thomas Thurston gave Bill under hande & seale to pay the same
              uppon Demand to the use of Or Leiftent GenIi
       Discharged And thereuppon for this time the said Thomas Thurston was Freed
       December the 14th from of the Sheriffs Custody by Order of Cort for the same purpose
              made.

               The Cort Adjorned till the Afternoon

       Wensday in the Afternoon beinge the Fowerteenth day of Decem
        ber abovemenconed the Justices All mett as before

                Whereuppon the Cort was Called by makinge Proclamacon.

                Then was A Jury Called for & Impannelled for John Tully Plt &
              Mathias DeCosta Deft

              John Tully Senr Plt agt Mary-land ss. Math ias De Costa late of
              Mathias De Costa Deft St Maries County Planter was Attached to
              Answer unto John Tully Senr in A Plea of Trespas uppon the Case.
                And thereuppon the said John by Daniell Jenifer his Attorny
              • sayeth, That whereas the said Mathias on the Twenty Sixth day of
              February Anno One Thousand Six Hundred Sixty Three bought
              had & Recd of the said John divers goods & Marchanttdizes To the