Provincial Court Proceedings, 1675.  649




      sary accomodation aforesaid which in the whole amounts to the Liber M M
      summe of nine thousand three hundred thirty three pounds of to
      bacco Yet Notwithstanding the said Mark his promises and pro- p. 625
      testations aforesaid not regarding but deviseing & fraudulently
      intending him the said Evan in that behalfe craftily & Subtilly to
      defraud & deceive the said summe of nine thousand three hundred
      thirty three pounds of tobacco to him the said Evan according to his
      promise aforesaid though often thereunto required hath not hitherto
      rendred or paid but the same to pay doth deny and refuse to the
      damage of the Said Evan thirteen thousand pounds of tobacco &
      thereupon he bringeth his suite.
        And the Said Mark by Kenelm Cheseldyn his Attorny doth come
      & defend the force and injury when &c and prayeth liberty of Speake
      ing hereunto untill the next Provinciall Court & it is granted him
      the same day is given to both parties here
        At which said next Provinciall Court Came the said Evan by his
      Attorny aforesaid & the said Mark by his said Attorny came like
      wise and the said Marke Saith that he did not promise & assume
      upon himselfe in manner & forme as the said Evan Carew above in
      his declaration hath declared against him & of this he putts himselfe
      upon the Country and the plaintiff likewise therefore it is Comanded
      the Sheriff that he cause to come here twelve &c.
        Now here at this day to witt the five & twentith day of November
      in the 44th yeare of the Dominion of Caecilius &c Annoq Dom One
      thousand Six hundred Seventy five Came the said Evan by his
      Attorny & the said Mark by his Attorny and the jurors of that jury
      likewise came to wit John Gittings Wm Thomas Arthur Wright
      Peter Watts John Tant Richard Meekins Wm Hemsley Raymond
      Staplefort Jno Brookes Jno Hollins Henry Turner & Henry Exon
      who being impannelled & Summoned to say the truth in the premisses
      upon their Oathes doe say Wee find for the plaintiff five thousand
      pounds of tobacco for eight & twenty months service Therefore it is
      considered by the Court here that the said Evan recover against
      the said Mark the summe of five thousand pounds of tobacco for his
      damages occasioned by the trespas aforesaid as also the summe of
      One thousand thirty nine pounds of tobacco costs of Suite.

     Evan Carew Marke Cordea of St Maries County was attached
         agt to answer unto Evan Carew in a plea of trespas
     Marke Cordea upon the case.
                  And whereupon the said Evan by Robert Carvile
                his Attorny Saith That the said Marke being upon
      the ninth day of March in the yeare of Our Lord One thousand Six
      hundred Seventy three justly indebted unto the said Evan for Sev
      erall goods sold him and tobacco paid for him & worke done for him
      from the tenth day of November One thousand six hundred & sev