Provincial Court Proceedings, 1676.     223

        also the summe of five hundred eighty eight pounds of tobacco for Liber N N

        his cost and charges in this behalf e laid Out and expended.
        Garret Vansweringen Benjamin Cloyster late of Calvert County p. 143
            agt planter was attached to answer unto Garret
    Benja Cloyster     Vansweringen in a plea of trespas upon the
                       case.
          And whereupon the said Garret by Kenelm Cheseldyn his At-
        torny compaineth That whereas the said Benjamin the sixtenth
        day of May Anno Doth 1674 was and Stood indebted unto him
        the said Garrett in the just summe of two hundred & forty
        pounds of tobacco for divers liquors and accomodations before
        that time had and received, a particular whereof is here in Court
        produced and being so indebted the said Benjamin in consideration
        thereof did assume upon himself e and to the said Garrett did faith-
        fully promise that he the said Benjamin the aforesaid summe of two
        hundred and forty pounds of tobacco to him the said Garrett when
        thereunto required would well & faithfully content & pay notwith-
        standing which the said Benjamin his promise and assumption so
        as aforesaid made little regarding but deviseing & fraudulently in-
        tending him the said Garrett of the aforesaid summe of two hundred
        & forty pounds of tobacco to deceive & defraud, the aforesaid Summe
        of two hundred & forty pounds of tobacco to him the said Garrett
        though often thereunto required hath not paid but the same to him
        to pay hath hitherto denyed & Still doth deny to the damage of him
        the said Garrett whereupon he saith he is dampnified & hath losse
        to the value of foure hundred & eighty pounds of tobacco & there-
        upon he bringeth his suite.
          And the said Benjamin by John Rousby his Attorny cometh and
        defendeth the force and injury when &c and prayeth licence to im-
        parle here untill next Provinciall Court and it is granted him the same
        day is given to both parties.
          Now here at this day to witt the tenth day of April in the first
        yeare of the Dominion of Charles Lord Baltemore &c Annoq Dom
        1676. Came the said Garrett by his Attorny and the said Benjamin
        by his Attorny came like wise and the Said Benjamin Saith nothing
        in harr or avoidance of the action aforesaid of him the said Garrett
        Whereupon it is granted by the Court here that the Said Garrett
        Vansweringen recover against the said Benjamin Cloyster the summe
        of two hundred & forty pounds of tobacco for his damages Occa-
        sioned by the trespas aforesaid as also the summe of
                pounds of tobacco costs of Suite.

        Garrett Vansweringen Benjamin Cloyster late of Calvert County
            agt otherwise called Benjamin Cloyster of the
    Benja Cloyster     County of Calvert in the Province of Mary-
                       land was SumOned to answer unto Garrett