Provincial Court Proceedings, 1675.  635




       Thomas Hussey Benjamin Rozer High Sheriff of Charles County Liber M M
           agt admr of the goods and Chattells of Joseph Pearse
       Benja Rozer admr deceased was attached to answer unto Thomas
         Joseph Pearse Hussey Gent in a plea of trespas of the case
         And whereupon the Said Thomas by Robert Carvile his Attorny
       Saith that the Said Joseph labouring of a distemper whereof he Soon
       after dyed did about the Sixtenth day of July in the yeare of our
       Lord One thousand Six hundred Sixty foure earnestly desire and
       importune the said Thomas to permitt him to come and lodge at the
       Said Thomas house there to have his accomodation and to be at
       tended in his sicknesse he the said Joseph assuming upon himselfe
       and to the Said Thomas did faithfully promise that he the said
       Joseph would well & truly pay unto him the Said Thomas f or Such
       his accomodacons and for what he the Said Thomas Should expend
       and lay Out for him in his Sicknesse what he Should reasonably
       deserve And the Said Thomas in fact Saith that the said Thomas
       did accordingly at the Speciall and earnest request of the said Joseph
       entertaine him as a lodger in his Said house and the said Joseph did
       continue in the said house from the Said Sixtenth day of July afore
       said unti!l the eight & twentith day of September following at which
       tyme he dyed being about eleaven weekes dureing all which tyme he
       the said Thomas did find and allow unto him the said Joseph Suf
       ficient meate drinke washing lodging & other necessary accomoda
       tions and did attend him carefully in his Said Sicknesse for which
       he well deserved to have fifty pounds of tobacco P day which in the p. 611
       whole amounts unto the Summe of three thousand five hundred
       pounds of tobacco besides severall other Summes of tobacco which
       the Said Thomas laid Out for his ffunerall expences amounting to
       the summe of twelve hundred pounds of tobacco which together
       with the said Summe of three thousand five hundred pounds of
       tobacco amounts in the whole to the summe of foure thousand Seven
       hundred pounds of tobacco as by a particular accompt hereunto an
       nexed it may appeare Yet notwithstanding the Said Benjamin the
       Said Promise and assumption little regarding but deviseing &
       fraudulently intending him the said Thomas in that behalfe to de
       ceive & defraud the Said Joseph in his life time nor the said Ben
       jamin Since his death the Said Summe of foure thousand Seaven
       hundred pounds of tobacco to him the said Thomas hath not paid
       or Satisfied but the Same to pay hath hitherto denyed and Still
       doe deny & refuse to the damage of the Said Thomas Seaven thou
       sand pounds of tobacco And thereupon he brings his Suite.
         And the Said Benjamin by Robert Ridgely his Attorny cometh
       and defendeth the force and injury when &c and prayeth licence
       to imparle here untill next Provinciall Court and it is granted him
       the same day is given to both parties here.
         Now here at this day to wit the twentith day of November in the
       44th yeare of the Dominion of Caecilius &c Annoq Dom One thou-