Provincial Court Proceedings, 1676.     265

         restraint of princes and Rulers excepted the freight or passage for Liber N N
         the said Servant or passenger being by the Said Lord Baltemore paid
         in London for the performance whereof the said Miles Cooke Signed
         with his hand according to the Custome of merchants in the like cases
         a receipt in the nature of a bill of Ladeing beareing date the said
         sixtenth day of September to have received the said passenger and
         to deliver him as aforesaid as by the Said receipt under the hand
         of the said Miles here in Court produced may appeare And the said
         Charles in fact Saith that the said Miles and the said Shipp John
         of London are and have Safely arrived at the port of st Maries in
         Maryland notwithstanding which the Said Miles Cooke the tenor of
         his receipt little regarding but plotting and fraudulently intending
         him the sd Charles of the said man Servant or passager named
         James Jackes as aforesaid to deceive the said man servant or pas-
         senger to him the said Charles though often thereunto required
         according to the tenor of the said receipt so as aforesaid by him
         the Said Miles signed and affirmed hath not delivered but the Same
         to him to deliver hath altogether refused and Still doth deny and
         refuse to the damage of the said Charles foure thousand pounds
         of tobacco And thereupon he bringeth his Suite.
          And the said Miles Cooke by Thomas Bland his Attorny Comes
         & defends the force and injury &c and for plea saith that the Said
         James Jackes made his escape from on board the Shipp called John
         of London in the Downes in England contrary to the Knowledge of
         the Said Miles according to the exception in the Said Miles his
         receipt and thereupon he putts himselfe upon the Country and the
         said Charles Calvert likewise. Therefore Comand is given to the
         Sheriff of st Maries County that he cause to come here twelve &c
         by whom &c who neither &c to recognize &c because aswell &c.
          Now here at this day to witt the twelfth day of April in the first
         yeare of the Dominion of Charles Lord Baltemore &c Annoq Doiñ p. 165
         One thousand six hundred seventy six Came the said Charles Cal-
         vert Esq now Lord Baltemore by his said Attorny and the said
         Miles Cooke by his Attorny and the jurors of that jury came also
         to witt Wm Rosewell Wm Dare John Cunningham Jarvis Ballard
         John Decry Richard Dell John Baynard John Linch Dominick
         Bodkin Giles Blizard James Thompson & Emanuel Ratcliff who
         being impannelled Sumoned & Sworne to say the truth in the prem-
         isses upon their Oathes doe Say Wee find for the plaintiff two thou-
         sand pounds of tobacco with Costs of suite. Therefore it is granted
         by the Court here that the said Charles Calvert Esq now Lord
         Baltemore recover against the said Miles Cooke aswell the summe
         of two thousand pounds of tobacco damages occasioned by the
         trespas aforesaid as also the summe of nine hundred and two pounds
         of tobacco costs of Suite.