Provincial Court Proceedings, 1676. 325

         said Kingdome of England Sailemaker of a plea of trespas upon Liber N N
         the case

          And whereupon the said Wm Aubone & Robert Swaine by Robert
         Ridgely their Attorny complaine That whereas the said Robert
         ffarrer in his life time at Newcastle upon Tyne in the Kingdome of
         England the sixtenth day of July 1674 haveing certaine communica-
         tion with the said Robert Swaine about a trade between the said
         Newcastle upon Tyne & this Province of Maryland & the Purchase
         of tobaccoes in the said Province of Maryland the said Robert ffarrer
         in case the Said Robert Swaine would employ him as his ifactor
         Agent assignee or Trustee with some considerable cargoe of goods
         from the said Towne of Newcastle upon Tyne into the said Prov-
         ince of Maryland, & for the transporting the same hire Some good
         Shipp & also allow him the said Robert ffarrer such Salery as mer-
         chants usually allow their ifactors Agents, assignes or trustees, the
         said Robert did assume upon himself e & to the said Robert Swaine
         did then & there faithfully promise that he the said Robert ffarrer all
         the said goods that he the said Robert Swaine should So Shipp on
         board any Such Shipp for Maryland aforesaid the said Robert ffarrer
         would take into his charge, custody & possession & with the same in
         the said Shipp goe for the said Province of Maryland in person, &
         at his arrivall there, the said goods Sell to any person that would
         by them for the best advantage of the said Robert Swaine or his
         assignes & the produce thereof in tobacco or other goods & mer-
         chandizes Shipp home to the said Robert Swaine at Newcastle afore-
         said with all convenient Speed & to load the said Shipp that should
         so transport the said Goods for Maryland aforesaid with tobacco or
         other merchandizes part of the produce of the said Goods back for
         Newcastle aforesaid this present yeare. And the Said Robert Swaine
         & wm Aubone in fact Say that the said Robert Swaine trusting to
         the faithfull promise & assumption of the said Robert ffarrer to
         him made as aforesaid he the said Robt Swaine On the 16th day of
         July in the yeare aforesaid did ffreight the good Shipp called the
         Endeavour of Hull whereof John Newton was Master for a voyage
         from the said Towne of Newcastle unto the said Province of Mary-
         land, & from thence back to the said Towne of New Castle, & did on
         the said Shipp load two Cargoes One at the said Towne of New-
         castle amounting too foure hundred & eight pounds One shilling &
         ten pence halfepeny of lawfull mony of England, and the other at
         Lamington in the said Kingdome of England amounting too One
         hundred fifty & three pounds fifteen shillings & two pence lawfull
         mony of England both which in the whole amount too the summe
         of five hundred sixty One pounds Seventeene Shillings & a half e
         peny Sterling, a particular whereof is by the said Wm Aubone &
         Robert Swaine here in Court produced & the Same Cargoes & every
         part & parcell thereof the said Robert Swaine did entrust wholy to