Provincial Court Proceedings, 1675.  585



      Hundred in the County of St Maries Carpenter On the Sixth day of Liber M M
      October 1672 did Owe and Stand indebted to him the Said Vincent
      the just Summe of eight hundred pounds of tobacco whereupon the
      Said Kenelm did faithfully promise him the Said Vincent to become p. 563
      his paymaster if in case he the Said Vincent would acquitt and dis
      charge him the Said Marmaduke of the aforesaid Summe of eight
      hundred pounds of tobacco Upon which promise the Said Vincent
      did acquitt and discharge the Said Marmaduke of the aforesaid
      debt whereupon the Said Keneim did upon the eighth day of Octo
      ber 1672 assume upon himselfe to pay him the Said Vincent the
      aforesaid Summe of eight hundred pounds of tobacco when there-
      unto required Yet notwithstanding the aforesaid Summe he hath not
      paid but doth altogether deny and refuse to pay the Same where
      upon the Said Vincent Saith he is dampnified and hath losse to
      the value of foureteen hundred pounds of tobacco And thereupon
      he brings his Suite.
        And the Said Kenelm in his proper person doth come and defend
      the force and injury when &c and Saith he did not promise and as
      sume in manner and forme as the plaintiff in his declaration hath
      declared against him and of this he prayes the judgmt of the Court
      and the Said Vincent likewise.
        Now here at this day to wit the Sixth day of May in the 43th yeare
      of his Lopps Dominion &c the Court here being fully Satisfied (have
      ing heard what either party could say or alleadge) It is considered
      by the Court here that the Said Vincent recover against the Said
      Kenelm the summe of eight hundred pounds of tobacco for his dam
      ages occasioned by the trespas aforesaid as also the Summe of
               pounds of tobacco cost of Suite.
        Then did the Said Marmaduke Semme in Open Court promise
      That if the declaration here fore drawn against Edward ffitzherbert
      at the suite of him the Said Semme by him the said Vincent Lowe
      be good and well drawne that he the Said Semme will pay the Said
      eight hundred pounds of tobacco & the cost of this Suite.

      May the 7th 1675
        Then was Richard Chilman Sworne Constable of St Maries Hun
      dred before the Honble Wm Calvert Esq principali Secretary

      May the 8th 1675
        Ordered by the Court here that the Attornyes Speake regularly
      and when the Court thinke fitt under fine of One hundred pounds of
      tobacco each tyme.
        John Rousby for breach of the Said Order fined 100 l ton.

      Wm iford   The Lord Proprietary To Jenkin Kegwin Master
        agt & Comander of the Good Shipp called the Swallow
      Jenkin Kegwin of London Sendeth his writ thereby Comanding him