Provincial Court Proceedings, 1673/4. 203




       John Brookes                              Liber MM
           agt upon an attachmt & nulla bona retorned.
       Humphry Keitly

      John  Prat Thomas Philips late of Talbot County was attached to
          agt answere to John Prat in a plea of Trespas upon the
      Tho:  Philips Case.
        And whereupon the said John Prat by George Parker his Attor
       ney Complaineth that whereas the said Thomas Philips the Eighth
       day of January 1665 stood indebted unto the said John in the Just
       sume and quantity of 380 l of good Marchantable Tobacco in Casque
       To be pd on the Demaund in the Island Creeke in Choptanke River
       Notwithstanding the said Thomas though often Required the afore
       sayd sume and quantity of 380 l Tob in Casque to the sd John hath
       not as yet pd but the same to him to pay doth deny and Refuse
       whereupon the sd John saith he is Damnifyed and hath losse to the
       vallue of Eight hundred pounds of Tobacco & Casque And there
       upon he bringeth his suite.
        And the sd Thomas Philips by Vincent Lowe his Attorney Cometh
       & Defendeth the force & injury when &c and saith he Did not assume
       upon himself in manner & forme as the plt aforesayd hath alledged
       and of this he puts himself upon the Country.
        And now here at this day to wit the 10th day of ffebruary in the 42th
       yeare of ye Dominion of Caecilius & Annoq Domini 1673. the Jus
       tices ordered the said John Prat to Joine issue wth ye Defendt Philips
       upon his plea afd, but the said Prat suffered a nonsuite, wherefore it
       is Considered by the Court here that ye sd John Prat lost his writ, and
       that the said Thomas Philips Recover agt ye sd Prat the sume
       of pounds of Tobacco for his Costs & the sd Prat in
       mercy for his false Complaint

       Edward Williams Edmond Lister being the Titular pfl in this Case p. 141
        agt being Dead Ihe Lourt Ordered the Decl to be
    Philip Shapleigh  now filed by ye name of Edward Williams plt,
                   and Vincent Low is Admitted Attorney in the
                   place of John Morecroft deceased, and Ordered
                   that this Cause Come to tryall next Court.

      John  Cooper It was alledged by the plt that he had suthoned
          agt Jonathan Sybrey as a witness in this Cause who not
       Mary Pine appearing he Could not Come to tryall wherefore
       ordered by the Cort that if it appeare by the Sheriffs Retorne that
       the said Sybrey were sumoned if he appeare not, that he be fined
       500l Tob and that this Cause be Continued untill the next Cort
       when it is ordered pemptoryly to Come to tryall. It appears not by
       the Retorne of the Sheriff of Talbot County that Ever the said