394  Provincial Court Proceedings, 1674.




          Liber M M  the same to him hitherto to pay hath altogether refused and yet
                  re fuseth whereupon he Saith he is dampnified and hath damage to
                  the va!ue of foureteene thousand pounds of tobacco and thereupon
                  he bningeth his suite.
                   And the said John Code by Keneim Cheseldyn his Attorny cometh
                  and defendeth the force and injury when &c and Saith that the said
                  John Code did not assume upon himself in manner and forme as the
                  said John Peerce in his declaration above hath declared against him
                  and of this he putts himselfe upon the Country and the said John
                  Peerce likewise therefore it is Comanded the Sheriff of St Maries
                  County twelve &c by whom &c who neither &c to recognize &c
                  because aswell &c.
                   Now here at this day to witt the twelfth day of December in the
                  three and fortith yeare of the Dominion of Caecilius &c came the said
                  John Peerce by the said Robert Carvile his Attorny and the said John
                  Code by Kenelm Cheseldyn his Attorny and the jurors of that jury
                  likewise came to witt Philip Lines Abraham Rhodes Richard Rigell
                  James Williams Tobias Wells Michael Miller John Rice George
                  Charlesworth John Bigger Edward Skidmore Lodowick Williams
                  and Stephen Murty who being impannelled Sumãned and Sworne
                  to Say the truth in the premisses upon their Oathes doe Say Wee
                  find for the plaintiff five thousand pounds of tobacco to be paid to
                  him by the defendt with costs of Suite therefore it is considered by
                  the Court here that the said John Peerce recover against the said
                  John Code the said Summe of five thousand pounds of tobacco with
                  costs of Suite
                   And the said John Code by Keneim Cheseldyn his Attorny prayeth
                  heareing of the judgment aforesaid and it is read unto him and the
                  said John Code Saith that he ought not to be burthened with the
                  judgment aforesaid because he Saith because he Saith that the said
                  John Peerce in his declaration aforesaid hath not Sett forth or de
                  clared what medicines plaisters drinkes Cordialls or other wholsome
                  and fitt things the said John Peerce did administer unto him for the
                  cure of the distemper or Sicknesse called a Seasoning in the declara
                  tion abovesaid and for that case the said judgmt is insufficient in Law
                  to charge the said John Code withall. and of this he prayeth the
                  judgment of the justices here, that he may be discharged from the
                  judgment aforesaid whereupon the said judgment being Seen and by
                  the Said justices being fully examined and understood It seemed to
                  the justices here that the allegations of the said John Code are un
                  true in his discharge from the judgment aforesaid Therefore it is
                  considered that the said John Peerce recover against the said John
                  Code aswell the Said Summe of five thousand pounds of tobacco
                  as also the summe of Seaventeen hundred forty three pounds of
                  tobacco for his costs and charges in this behalfe expended and laid
                  Out & the said John Code in mercy.