266        Provincial Court Proceedings, 1676.
            Liber N N Wm Calvert Escp &        Richard Peacock late of st Maries County
                  Tho Keyton admrs of     merchant was attached to answer unto Wm
                  Bryan Daley.   Calvert Esq & Thomas Keyton admrs of the
                     agt         goods & Chattells of Bryan Daley deceased
                  Richard Peacocke   in a plea of trespas upon the case.
                                  And whereupon the Said Wm & Thomas
                  by Kenelm Cheseldyn their Attorny complaine that whereas the said
                  Bryan in his life time to witt the twelfth day of April Anno Dom
                  1675 intending a voyage for England had sould unto the said Rich-
                  ard Peacock a certaine quantity of tobacco to the value of fifty eight
                  pounds eighteen shillings and eight pence and did then also by his
                  certaine writeing Obligatory bind himself e to pay the same by bill
                  of exchange upon One Mr Wm Shaw of Yorke in the Kingdorne of
                  England upon penalty of One hundred & seventeene pounds seven-
                  teene shillings & eight pence In consideration whereof the said
                  Richard did assume upon himselfe and to the Said Bryan did faith-
                  fully promise to transport the said Bryan into the Kingdome of
                  England in the Shipp he was then merchant & went home in, & did
                  promise to give the Said Bryan notice when the said Shipp was ready
                  to Sayle & also Send boate & hands to fetch him the Said Bryan on
                  board the Said Shipp that so he might receive the said monyes ac-
                  cording to his said bills of exchange notwithstanding which the said
                  Richard his promise & assumption not regarding but endeavouring
                  and fraudulently intending Subtilly & craftily to deceive the said
                  Bryan of receiveing the monyes aforesaid did not give any notice
                  to the said Bryan of the tyme of the said Shipps Sayleing or ever
                  Sent boate & hands to fetch him the Said Bryan On board the Said
                  Shipp by rneanes whereof the said Bryan in his life time as also the
                  said Wm and Thomas to whom administration of the goods & Chat-
                  tells which were the said Bryans at the time of his death Since his
                  death hath been committed have lost receiveing the Said monyes
                  aforesaid as also the great proffitts & gaines by lawfull buying
                  Selling & bargaineing might have been raised by the Same had the
                  said Richard faithfully performed his promise aforesaid whereupon
                  the said Wm and Thomas Say they are dampnified forty thousand
                  pounds of tobacco
                    And the said William and Thomas bring also here in Court the
                  Letters of admcon to them granted that it may appeare to the Court
                  here that they are administrators of the said Bryand and of the said
                  estate have administration
                    And the said Richard by Robert Carvile his Attorny cometh and
                  defendeth the force and injury when &c and prayeth liberty to irn-
                  parle hereunto untill the next Court and it is granted unto him the
                  same day is given to the said Wm and Thomas.
                    Now here at this day to witt the thirtenth day of April in the
                  first yeare of the Dominion of Charles Lord Baltemore &c Came the