656  Provincial Court Proceedings, 1675.




          Liber M M  thousand two hundred fifty & One pounds of good Sound mer
                  chantable tobacco and caske due to be paid upon demand upon the
                  Plantation where John Boone now liveth or upon the Plantation
                  where Peter Underwood dwelleth or did dwell it being for a valu
                  able consideration in hand already received notwithstanding which
                  the said Peter Underwood the said Summe of Six thousand two
                  hundred fifty & One pounds of tobacco according to the tenor of
                  his said writeing Obligatory to him the said Henry hath not paid
                  though often thereunto required but the same to pay hitherto hath
                  & Still doth altogether deny to the damages of the said Henry eight
                  thousand pounds of tobacco & thereupon he bringeth his suite.
                   And the said Peter by Vincent Lowe his Attorny cometh and
                  defendeth the force & 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.
                   Now here at this day to wit 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 Henry by his
                  Attorny aforesaid & offered himselfe against the said Peter but the
                  Said Peter came not but made default. Therefore it is considered
                  by the Court here that the said Henry recover against the said Peter
                  aswell the summe of Six thousand two hundred fifty One pounds
                  of tobacco the debt aforesaid as also the summe of five hundred
                  and foure pounds of tobacco costs of Suite & the said Peter in
                  mercy.

               John Wilson the plaintiff is by the ifavour of the Court admitted
                     agt    in forma pauperis.
               Thomas Oliver Thomas Oliver late of St Maries County mar
                            riner was attached to answer unto John Wilson of
                            a plea of trespas assault battery and false impris
                            onment.
                   And whereupon the said John by Kenelm Cheseldyn his Attorny
                  complaineth that whereas the said John Wilson being an inhabitant
                  of the Collony of Virginia and from Yorke River in the said Col
                  lony being on the thirtenth day of September One thousand Six
                  hundred Seventy five bound in a Shallop for Accomack in the Bay
                  in the County of St Maries the said Thomas Oliver being then on
                  board and Master of a Shipp called the Warwell of London and
              p. 633 the said John Wilson in the Peace of God & the Lord Proprietary
                  being On board his Shallop aforesaid the said Thomas upon him
                  the said John in the said Shallop with swords Staves &c an assault
                  did make & him the said John did take beate & evil entreate & him
                  in prison did. deteine from the thirtenth day of September in the
                  yeare aforesaid On board the said Shipp Warwell of London untill
                  the eighten[th] day of the same month and the said John further