Provincial Court Proceedings, 1673.  161



      Tho: Jones Mathew Nelson late of Calvert County was at- Liber M M
          agt tached to answere unto Thomas Jones one of the
    Mathew Nelson    Attorneys of this Cort according to the libertyes
                 and priviledges allowed &c in a plea of Trespas on
                 the case.
        And the said Thomas Jones in his pp pson saith that he the said
      Jones upon the earnest importunity of the said Mathew Nelson on p. 98
      the one and Twentieth day of Aprill in Annamessex River in Som
      erset County & in ye 39th yeare of the Dominion of Caecilius &c
      Annoq Domini 1671 did Deliver to the said Mathew Nelson one
      white Gelding or horse with saddle and bridle to be necessaryly used
      and Kept by him ye sd Nelson in good Condicion without prjudice
      In consideracofl whereof the said Nelson upon himself did assume
      and to the said Jones did faithfully pmise that he the said Nelson
      necessarily useing the said horse would finde and allow the said
      horse sufficient foode, and at the first and next arrivall of the said
      Jones into this Province from England he the said Nelson would
      Retorne the said horse in good Condicion with bridle & saddle to
      him the said Jones or his ordr and the said Jones arriving into this
      Province from England in Somrset County aforesayd on the 25th
      day of March last past and making Demaund of ye said horse with
      bridle & saddle according to the agreemt betwixt him the said Jones
      & the said Nelson. The said Nelson his promise and assumption little
      Reguarding but fraudulently intending to Deceive him the said Jones
      of the said horse with bridle and saddle aforesayd though often
      thereunto Required did not Deliver the said horse with bridle &
      saddle to the said Jones his ordr according to his pmise and assump
      tion aforesayd and as yet doth refuse to Deliver the said horse with
      bridle and saddle as aforesayd whereupon the said Jones saith he
      is Damni fyed and hath losse to the vallue of five Thowsand pounds
      of Tobacco and thereupon he brings his suite.
        And the said Mathew by John Rousby his Attorney cometh and
      Defendeth the wrong and injury aforesayd when &c and saith that
      he did not promise and assume upon himself in manner and forme
      as the said Thomas hath above Declared against him and of this he
      puts himself upon the Country and the said Thomas Jones likewise.
        And now here at this day to say the Twelveth day of November
      in the 42th yeare of the Dominion of Caecilius &c Annoq Domini
      1673. the said Thomas Jones being called to psecute his plainte
      agt the said Mathew Nelson appeared not wherefore it is considered
      by the Court here that a nonsuite be awarded agt the said Thomas
      Jones and that the said Mathew Nelson Recover agt the said Thomas
      Jones the Sume of six hundred Sixty & six pounds of Tobacco for
      his costs and Charges in this behal fe Expended and the said Thomas
      in mercy &c.