Provincial Court Proceedings, 1675.     645

      to imparle here untill next Provinciall Court & it is granted him the Liber M M
      same day given to both parties
        Att which Said next Provinciall Court to witt the twentith day of
      November in the yeare of the Dominion of Caecilius &c Annoq
      Dom One thousand Six hundred Seventy five Came the said Thomas
      by his Attorny aforesaid and Saith he did not assume upon him
      selfe & to the said Isaac make such promise as the said Isaac hath
      above against him declared and of this he putts himself e upon the
      Country and the plaintiff likewise Therefore it is Comanded the
      Sheriff that he cause to Come here twelve &c who neither &c to
      recognize &c because aswell &c.
        But before the Said Jurors came the Said Thomas Saith nothing p. 621
      in barre or avoidance of the action aforesaid for the Summe of
      Six thousand five hundred & eight pounds of tobacco whereupon
      the said Isaac remaineth agt the said Thomas thereof undefended
      Therefore it is considered by the Court here that the Said Isaac
      ffoxcroft recover against the said Thomas Collen aswell the Summe
      of Six thousand five hundred & eight pounds of tobacco for his dam
      ages occasioned by the trespas aforesaid as also the sume of eleaven
      hundred fifty eight pounds of tobacco for his costs & charges in this
      behalfe laid Out & expended & the Said Thomas in mercy &c.

     Baker Brooke Esq William Hemsley late of Talbott County was
         agt attached to answer Baker Brooke Esq Surveyr
   Wm Hemsley      Generall of this Province and One of the jus
                   tices of this Court according to the priviledges
                   &c in a plea of trespas upon the case.
        And whereupon the said Baker Brooke by Robert Carvile his
      Attorny Saith that the said Wm being upon the Sixtenth day of
      November in the yeare of Our Lord One thousand Six hundred
      Seventy-five justly indebted unto the said Baker in the surnme of
      twenty thousand pounds of tobacco he the said Wm did then assume
      upon himselfe and to the said Baker faithfully promise that he the
      said Wm the said summe of twenty thousand pounds of tobacco to
      him the said Baker would well & truly pay & satisfie when there-
      unto required Yet notwithstanding the said William the said summe
      of twenty thousand pounds of tobacco to him the said Baker though
      often thereunto requested hath not paid or Satisfied but the same
      to pay hath altogether denyed and refused and Still doth deny to the
      damage of the said Baker twenty thousand pounds of tobacco &
      thereupon he bringeth his Suite.
        And the said William the foure & twentith day of November in p. 622
      the yeare aforesaid by Vincent Lowe his Attorny cometh and de
      fendeth the force & injury when &c & Saith that he saith nothing in
      barre of the said Plaintiffs action but Saith that he is willing that
      the said plaintiff should recover against him the said Summe of