264       Provincial Court Proceedings, 1676.

            Liber N N And the said Marke saith that he by any thing by the said Evan
                   alleadged from haveing his action aforesaid against him ought not
                   to be debarred Because the said Act of Assembly by the said Evan
                   in his plea recited saith, that in Actions of the case the action must
                   be brought within two yeares after such cause of action, the Said
                   Marke saith that at the time of the delivery of the goods in the said
                   accornpt specified the said Evan was a hired Servant to the Said
                   Marke, and the Said Marke the Said goods to the said Evans upon
                   Creditt of his wages and other tobaccoes due to him did deliver &
                   him with them upon that accompt did intrust and upon makeing up
                   of accompts betweene the said Evan and the Said Marke the same
                   to be allowed And the said Marke further saith That the Said Evan
                   the 14th day of December 1674 did sue out against the said Marke
                   two writts & by vertue thereof the twentith day of November
                   last past recovered against the said Marke ten thousand nine hun-
                   dred ninty and three pounds of tobacco the full and whole of what
                   was due to the said Evan from the Said Marke without any allow-
                   ance of the Said five thousand eight hundred sixty eight pounds of
                   tobacco in the said declaration mentioned, the said Marke saith that
                   until the said twentith day of November wherein the said Evan the
                   same ten thousand nine hundred ninty three pounds of tobacco
                   against him recorded the said Marke had no cause of action against
                   the Said Evan and if the said Act of Assembly debarres the Said
                   Marke from haveing his action aforesaid against the said Evan he
                   putts himselfe upon the judgment of the Court and the defendt
                   likewise. Which being read and heard it is the judgment of the
                   Court here that the said Evan Carew recover against the said Marke
                   Cordea the summe of Seaven hundred sixty five pounds of tobacco
                   for his costs and charges in this behalfe laid Out & expended and
                   the said Marke in mercy for his false claime.

                   Charles Calvert Esq Miles Cooke late of Talbott County in the
                      agt province of Maryland Marriner was attached
               Miles Cooke      to answer unto Charles Calvert Esq in a plea
                                of trespas of the case.
                    And whereupon the said Charles Calvert by Robert Carvile his
                   Attorny saith that whereas the Right Honble Caecilius Absolute Lord
                   and Propry of the provinces of Maryland and Avalon Lord Baron
                   of Baltemore the sixtenth day of Sept in the yeare of Our Lord
                   1675 Shipt on board the good Shipp called the John of London
                   whereof the Said Miles Cooke then was and still is Master One
                   man Servant or passengr named James Jackes to be delivered at
                   the Port of Petuxent in the said Province and sett On Shoare at
                   the house of the said Charles Calvert at Mattapenny in Petuxent
                   River the Said Servant or passenger being to the Said Charles Cal-
                   vert consigned & Sent the dangers of the Seas escapes mortality