312        Provincial Court Proceedings, 1674.

        Liber M M Henry Phippes Administratr of It was Comanded the Sheriff of
                  Edward Maynard deceased. St Maries County That whereas
                    agt               Thomas Marsh of Ann Arrundell
                Thomas MarshCounty Planter was Sumöned to
                       answer unto Henry Phippes admr
                        of the goods and Chattells of
                 Edward Maynard marriner deceased in a plea that whereas the Said
                 Thomas the Sevententh day of May in the yeare of 1673 was the
                 receiver of the tobacco of him the Said Edward in his life time to
                 receive tobacco for the use of him the Said Edward the Summe of
                 forty thousand Six hundred Seventy and eight pounds of tobacco
             P. 233 due from Severall persons in Ann Arrundell County as also the
                 Sume of twenty nine thousand three hundred thirty nine pounds of
                 tobacco in bills and accompts received by the Said Thomas Marsh
                 of the Said Edward Maynard and also the Sume of thirty two thou
                 sand Six hundred thirteene pounds of tobacco in Baltemore County
                 Yet Neverthelesse the Said Thomas reasonable accompt thereof to
                 the said Edward in his life time nor to the said Henry after the
                 death of the Said Edward to whom administration of all and Singu
                 lar the goods and Chattells of the Same Edward was Cothitted hath
                 refused and as yet doth refuse to the great damage of the Said
                 Henry (as it is Said) and in hinderance of the administration afore
                 said In Such manner it is proceeded in Our Provinciall Court that
                 the Said Henry Ought to recover his damages by Occasion aforesaid.
                 That he cause to Come here to witt the 13th day of October in the
                 43th yeare of his Lopps Dominion &c twelve good and lawfull men
                 of this Province to enquire what damages the Said Henry hath Sus
                 teined by Occasion of the trespas aforesaid.
                  Att which day Came aswell the Said Henry Phippes by Kenelm
                 Cheseldyn his Attorny and the Said Thomas Marsh by Robert Car-
                 vile his Attorny as the jurors of that jury likewise Came to witt
                 Richard Ede!en James Nutthall William Dunkerton Samuel Hatton
                 Thomas Price Robert Hatton Abell James Thomas Griffin William
                 Melton Robert Morgan Constant Daniell and Richard Bayly who
                 being impanelled Sumoned and Sworne to Say the truth of and in
                 the premisses upon their Oathes doe Say they find for the plaintiff
                 damages to the Value of One thousand pounds of tobacco.
                  Therefore it is considered by the Court here that the Said Henry
                 Phipps recover against the Said Thomas Marsh aswell a certaine
                 debt of Seaven thousand two hundred Sixty Six pounds of tobacco
                 as the sume of One thousand pounds of tobacco damages occasioned
                 by the unjust detention of the Said debt together with two thousand
                 two hundred eighty foure pounds of tobacco for his costs and
                 charges in this behalf e laid Out and expended.