144  Provincial Court Proceedings, 1673.




          Liber M M  journed untill the next day being the Twelveth day of the same
                  November.
               p.82  At web said Twelveth day of November in the 42th yeare of the
                  Dominion of Caecilius &c Annoq Domini 1673. came aswell the
                  said Thomas Simson by John Morecroft his Attorney as the said
                  Richard & Justinian by Robert Carvile their Attorney and the
                  Jurors of that Jury likewise came to wit Thomas Alanson Morgan
                  Jones Philip Boggas Nicholas Carre Curtis ifietcher Thomas Knigh
                  ton John Balley Brian Dayly Abraham Roades Patrick iforrest ffran
                  cis Wyne and William Harper who to say the truth in the prmises
                  being Elected tryed & sworne, and the Cause being fully argued by
                  the Attorneys of both sides the pfl suffered a nonsuite and the Cort
                  Did ordr by consent of both ptyes that One hundred Eighty five
                  pounds of Tobacco being payd by Simson to Tennison the said
                  Tennison to Deliver unto the said Simson his bill up for Two Thow
                  sand Two hundred and fifty pounds of Tobacco and it is further
                  considered of by the Cort that the said Richard and Justinian Recover
                  against the said Thomas Simson the sume of
                  pounds of Tobacco for their costs and Charges in this behalfe most
                  wrongfully & vexatiously susteined and the said Thomas in mercy
                  for his false complaint &c. And the Cort Doe further ordr that the
                  Jury be allowed 720l Tob for their trouble & charge in Attending ye
                  Cort for ye tryall of this cause, and to be pd by ye sd Richard &
                  Justinian & to be allowed ym in their costs.

                 Walter Sencarfe Josias ifendall late of Charles County was attached
                      agt to answere unto Walter Sencarfe in a plea of
                 Josias ifendall Trespas upon the case.
                   And whereupon the said Walter by Vincent Low his Attorney
                  complaineth that whereas the said Josias ifendall the 12th day of
                  May in the yeare 1655 stood indebted unto the said Walter Sencar fe
                  in the sume of One Thowsand pounds of Tobacco, In Considera
                  con whereof the said Josias ffendall did assume upon himself and
                  to the said Walter did faithfully pmise that he the said Josias when
                  hereunto Required the said One Thowsand pounds of Tobacco to
                  him the said Walter upon the Tenth day of October in the same
                  yeare would well & truly content & pay Notwthstanding web the said
                  Josias the sd Sume of One Thowsand pounds of Tobacco accord
                  ing to his pmise hath not payd tho often Required but the same to
                  pay altogether Denyes whereupon the said Walter saith he is Damni
                  fyed two thowsand pounds of Tobacco and thereupon he bring [eth]
                  suite. And the said Josias ifendall by Robert Carvile his Attorney
                  cometh and Defendeth the force and injury when &c and saith he
                  did not pmise & assume u[pon] himself in manner & forme as the
              p. 83  said Walter above hath upon him De[clared] and of this he puts
                  himself upon the Country and the said Walter likewise