598  Provincial Court Proceedings, 1675.




          Liber M M  to him the said Garret would well & truly content & pay. Notwith
                  standing which the said Henry the said sume of five hundred &
                  twelve pounds of tobacco according to his promise hath not paid
                  though often thereunto required but the same to pay hitherto hath
                  & still doth altogether deny to the damage of the said Garret Van
                  sweringen One thousand pounds of tobacco & thereupon he bringeth
                  his suite.
                    And the said Henry by Robert Carvile his Attorny cometh &
                  defendeth the force & injury when &c & prayeth liberty of speake
                  ing hereunto untill next Provinciall Court the same day is given to
                  both parties.
                    Now here at this day to wit the foure & twentith day of November
                  in the 44th yeare of the Dominion of Caecilius &c came the said
                  Garret by his Attorny aforesaid & the said Henry by his said At
                  torny aforesaid came likewise & the said Henry Saith that he did not
                  assume upon himselfe & to the said Garret make such promise as in
                  the declaration is complained off & of this he putts himself e upon
                  the Country and the said Garret also. Therefore Comãnd is given
                  to the Sheriff that he cause to come here twelve &c who neither &c
                  by whom &c to recognize &c because aswell &c
                    At which said foure & twentith day of November in the yeare
                  aforesaid came the said Garret & Henry by their Attornyes aforesaid
                  & the jurors of that jury likewise came to witt Henry Tripp James
                  Nuthall John Bigger Richard Bayley Tobias Wells Walter Hall
                  David Holt Richard Hatton Michael Miller Joseph Edloe Thomas
                  Doxey & Ralph Blackhall who being impannelled sumoned & Sworne
                  to say the truth in the premisses upon their Oathes doe Say Wee the
                  jurors doe find for the plaintiff Therefore it is considered by the
                  Court here that the said Garret recover against the said Henry aswell
                  the sume of five hundred & twelve pounds of tobacco damages occa
                  sioned by the trespas aforesaid as also the sume of nine hundred sixty
                  foure pounds of tobacco for his costs & charges in this behalf e laid
                  Out & expended and the said Henry in mercy.

                  Marmaduke Semme William King late of Calvert County was at
                    agt tached to answer unto Marmaduke Semme in a
              Wm King          plea of trespas upon the case.
                                And whereupon the said Marmaduke by
                               Kenelm Cheseldyn his Attorny complaineth that
              p. 576 whereas the said William King the 24th day of ffebruary in the yeare
                  One thousand six hundred seventy three bought had and received of
                  the Said Marmaduke One man servant the said Wm did assume upon
                  himselfe & to the said Marmaduke did faithfully promise that he the
                  said Wm for the same would when thereunto required pay unto him
                  the said Marmaduke the summe of three thousand pounds of tobacco
                  And the said Marmaduke in fact saith that he the said Marmaduke