396  Provincial Court Proceedings, 1674.




          Liber M M  but the same to him to content and pay have hitherto denyed and
                  Still doe deny and refuse whereupon the said Thomas Saith he is
                  dampnified and hath losse to the value of tenn thousand pounds of
                  tobacco & thereupon he bringeth his Suite.
                   And the said John and Susanna by Keneim Cheseldyn their At
                  torny come & defend the force and injury when &c and Say they
                  did not assume upon themselv [es] in manner and forme as the said
                  Thomas in his declaration above he hath declared against them and
                  of this they putt themselves upon the Country and the Said Thomas
                  likewise therefore Comand is given to the Sheriff of St Maries
                  County that he cause to come here 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
                  43th yeare of the Dominion of Caecilius &c Came the said Thomas
                  Lomax by Robert Carvile his Attorny and the said John and Susanna
                  by Keneim Cheseldyn their Attorny and the jurors of that jury came
                  likewise to witt Thomas Cosden Thomas Gant Elias Beach Roger
                  Towle Peter Watts Thomas Innis Richard Chilman Thomas Kemp
                  William Harper James Lewis William West and Edward Savage
                  who being impannelled Surnóned and Sworne to Say the truth in
                  the premisses upon their Oathes doe Say Wee the jurors doe find
                  for the plaintiff five thousand pounds of tobacco with costs of Suite
                  Therefore it is considered by the Court here that the said Thothas
              p. 401 recover against the said John and Susanna the Said Summe of five
                  thousand pounds of tobacco damages as also the summe of fourteen
                  hundred eighty three pounds of tobacco for his costs and charges
                  in this behaife expended and laid Out and the said John and Susanna
                  in mercy

                 Mathew Paine
                    a the def appeares by George Thompson his At
                    gt       torny and imparle untill next Court.
                 James Thompsonj
                 Wm Melton admr
                   John ffoster the deft by Robert Carvile his Attorny appeares
                    agt      & imparles untill next Court.
                 John Troster
                 Thomas Mountfort
                               the def appeares and imparles by George Old
                    agt        feild his Attorny untill next Court.
                 Thomas Bowdie
                 Thomas Price the Sheriff of Somersett County haveing re
                      agt turned a Cepi & the deft not appeareing this
               Thomas Stanbridge    Court Ordered the Sheriff be amerced if he
                               appeare not next Court
                 Thomas Gerard
                      agt           the defts appeare by George Oldfeild
                 John Gerard & Rose Gerard their Attorny & imple untill next Court.
                   Executrs Tho: Gerard