202      Provincial Court Proceedings, 1673/4.

         Liber M M  in prsence of the Attornyes of both sides; The Court gave Judgemt
                 according to the Report of the said Auditors, and the paps mentioned
                 in the said Report were Delivered up in open Court to both ptyes
                 according to the said Report, and ordered that Henry Phipps suffi
                 ciently Empower ye sd Thomas Marsh for the Recovery of the said
                 Debts due for the Pantyle as in the said Report is mentioned and it
                 is further Considered that the said Henry Phipps Recover agt the
                 said Thomas Marsh the sume of Seaven Thowsand Two hundred
                 sixty six pounds of Tobacco the ballance of the account aforesayd,
                 and the sayd Henry Phipps by his Attorney prayed the writ of the
                 Lord Proprietary retornable imediate to Enquire what Damages he
                 had susteined by Reason of the said Thomas Marsh his not account
                 ing with him sooner, and it was by the Court graunted unto him
                 in these words vizt.
                  Caecilius absolute Lord & Proprietary of the Province of Mary
                 land and Avalon Lord Baron of Baltamore &c To the Sheriff of
                 St Maryes County Greeting Whereas Thomas Marsh late of Ann
                 Arundell County was suthoned of being in this Court before the
                 Justices of the same Court at St Maryes to Render unto Henry
                 Phipps Admr of the goods and Chattells of Edward Maynard De
                 ceased his Reasonable acct for the time he was Receiver of the
                 Tobacco of him the said Edward Maynard and for that the sd
                 accounts were by this Court referred to auditors and the said Auditors
             p. 140 not having Retorned any Damages or Costs it not being before them
                 And because it is not Knowne what Damages the said Henry Fhipps
                 had susteined by occasion of his not accompting with the sd Henry
                 in Reasonable time wee therefore Comaund you that you Cause to
                 Come before the Justices of this Cort this thirteenth day of ifebru
                 ary Twelve good and lawfull men of yor Baliwick to enquire what
                 Damages the said Henry Phipps has susteined aswell by occasion
                 of the prmises as for the Costs and Charges by him the said Henry
                 in that behalfe layd out hereof you are not to fayle at yor pill and
                 have you there this writ. Witnes Charles Calvert Esq our Capt
                 Gen'all and Cheif Justice of our said Province of Maryland this
                 thirteenth day of ffebruary in the 42th yeare of our Dominion over
                 our sd Province of Maryland Annoq Domini 1673.
                  At wch said thirteenth day of ffebruary Come aswell the said
                 Henry Phipps by Kenelm Chiseldyne his Attorney as the said
                 Thomas Marsh by Robert Carvile his Attorney and the Jurors of
                 that Jury likewise came but because his Justices here prsent
                 will advise themselves of and upon the prmises they have ordered the
                 said writ of Inquiry of Damages to be put in Respit untill the first
                 day of the next Provincial Court & the same day is given to both
                 ptyes.