Provincial Court Proceedings, 1673/4. 217




       sd George did oblidge himself to give unto the sd John the halfe Liber M M
       of the Corne and Tobacco that should be made upon the sd planta- p. 153
       tion that yeare afterwards the said Mathias arriving in this Province
       did the 28th day of Aprill in the yeare of our Lord 1673 in Con
       sideraeön that the said John Charlesworth at the speciall instance &
       Request of him the sd Mathias would Release and Discharge him
       the sd Mathias from the aforesd Covenant & Agreemt made as
       aforesayd with the said George Charlesworth then Attorney of the
       sd Mathias, and helpe the said Mathias servants to hill what Ground
       was left unhilled for the making of that yeares Crop, and would
       make Choice and accept of ground to plant fifteene Thowsand plants
       on, the said Mathias did assume upon himself and to the said John
       Charlesworth did faithfully pmise, that he the sd Mathias would let
       the said John Charlesworth ground sufficient to plant 15000 plants
       of Tobacco for that prsent yeare and that the servants of the said
       Mathias should helpe him the sd John to hill 15000 hills for the
       same, and the said John in fact saith that he the said John did Re
       lease and Discharge the sd Mathias from the sd Articles of Agreemt
       made as aforesayd, and Did helpe the sd Mathias his servants to
       hill what ground was left unhilled for that yeares Cropp and Did
       make Choyce of ground to plant 15000 plants upon and had hilled the
       Major Pt of the sd Ground, Notwithstanding wch the sd Mathias
       according to his promise the sd ground for fifteene Thowsand plants,
       and his servants to helpe to hill the same though often Required to
       him the sd John hath not Rendered but the same hath altogether
       denyed and Refused or any satisfaction for the same to him the
       sd John to make doth still Deny and Refuse to the Damage of the
       said John 8000l Tob, and thereupon he bringeth his suite.
        And the said Mathias by Robert Carvile his Attorney Cometh and
       Defendeth the force and injury when &c and saith that he Did not
       assume upon himself nor to the said John did promise as by the said
       John is above Declared agt him, and of this he puts himself upon
       the Country and the said John likewise.
        Therefore Comaund is given to the Sheriff of St Maryes County
       that he Cause to Come before the Justices of the next Provincial
       Court to be held at the Citty of St Maryes the Tenth day of ffebruary
       next, Twelve &c by whom &c who neither &c because aswell &c to
       Recognize &c and the same day is given to both ptyes.
        At wch day that is to say the 10th day of ffebruary in the 42th
       yeare of the Dominion of Caecilius &c Annop Domini 1673. Came
       aswell the sd John Charlesworth by Kenelm Chiseldyne his Attorney
       as the said Mathias Decosta by Robert Carvile his Attorney and
       the Jurors of that Jury likewise came to wit William Groome
       Edmond Webb Vincent Atchinson John Nuthall Michael Miller
       Henry Jowles Robert Waterson John Wright Walter Hall Rogr
       Baker and Thomas Spinke & James Nuthall who to say the truth in