Provincial Court Proceedings, 1670. 571

     the day & yeare abovesaid Did Acknowledge himselfe to owe unto Liber JJ
     him the said Thomas the said Sume of One Thousand Fower Hun-
     dred & Nyne poundes of Tobaccoe in Caske to be paid to the said
     Thomas his heires Executors Admistrators or Assignes in some secure
     howse within half e a mile distant from Some Convenient place of
     Landinge weere Boates may Conveniently Come to take in the same
     in the County of Charles County in or neere Portobaccoe Creeke att
     or before the first day of October next ensuinge the date of the said
     writinge yett Notwithstandinge the said James the said Sume of
     One Thousand Fower Hundred & Nyne poundes of Tobaccoe thougth
     often thereunto required to the said Thomas hath not paid accordinge
     to the Tenor of the said writinge, Butt the same to pay doeth denye
     & Refuse whereuppon the said Thomas Sayeth he is Dampnifyed &
     hath Losse to the value of Two Thousand poundes of Tobaccoe, &
     hereuppon he bringeth his suite.
      And the said James Smallwood by Richard Boughton his Attorney
     Cometh & defendeth the force & Injury aforesaid when &c And sayeth
     he is not Informed by the said James his Client of any Answer to
     be made to the abovesaid Declaracon of the said Thomas whereuppon
     the said Thomas doeth remaine agt the said James for the said Debt
     of One Thousand Fower Hundred & Nyne poundes of Tobaccoe
     thereof undefended Wherefore it is Considered That the said Thomas
     doeth Recover agt the said James the said Suffie of One Thousand
     tower Hundred & Nyne poundes of Tobaccoe with One Hundred
     & Forty Six poundes of Tobaccoe for Costs of suite.

    Henry Hooper Plt—     William Burgis late of South [p. 114]
      William Burgesse, Thomas River in the County of An Arun-
      Taylor & Samuell Chew Deftsj dell Gentt Thomas Taylor late of
     the Ridge in the said County of An Arundell Gentl & Samuell Chew
     late of the said County of Ann Arundell Gentt was Attached to
     Answer unto Henry Hooper in A Plea of Trespasse uppon the Case.
      And whereuppon the said Henry by John Morecroft his Attorney
     Lomplaine That whereas by the Statute of Magna Charta Chapter
     the 29th made in the Nyneth yeare of Kinge Henry the Third It is
     Conteyned, That noe Free man shall be taken or Imprisoned or De-
     seiszed of his Freeho!de or his Libertyes or Free Customes or Out-
     lawed or Banished or by any meanes distroyed, Neither will wee goe
     uppon him, neither will we sende uppon him, Except by Legall Judg-
     ment of his Equalls, or by the Law of the Lande, wee will sell to none
     wee will denye or delay to none Justice or Right, And the said Henry
     saith That whereas the said Henry was by vertue of Certaine Letters
     of Admistracon the Twenty First day of February in the One &
     Thirtieth yeare of the Dominion of Caecilius &c Annoq Dom One
     Thousand Six Hundred Sixty Two under the Lesser seale of the