Provincial Court Proceedings, 1676.     371

         as admr as aforesaid aswell the said summe of two thousand Six Liber N N
         hundred twenty three-pounds of tobacco damages occasioned by the
         trespas aforesaid as also the summe of six hundred & eleaven pounds
         of tobacco costs of Suite but so as execution Stay untill assetts.

         Thomas Dade Edward Leach late of St Maries County merchant
             agt was attached to answer unto Thomas Dade merchant
         Edward Leach in a plea of trespas upon the case.
                     And whereupon the said Thomas Dade by Robert
         Carvile his Attorny Saith that the said Thomas Dade did at the
         speciall instance & request of the said Edward Leach Sell & deliver
         unto him the said Edward two peices of brandy at the rate & price
         of forty foure pounds Sterling & caused the same to be shipped On
         board the Ruth of London Thomas Peighin Comander & consigned
         to him the said Edward Leach In consideration whereof the said
         Edward did assume upon himselfe and to the said Thomas did faith-
         fully promise that he the said Edward the said summe of forty foure
         pounds Sterling to him the said Thomas when thereunto requested
         would well & truly content and pay Yet notwithstanding he the said
         Edward his promise & assumption aforesaid little regarding but
         deviseing and fraudulently intending him the said Thomas in this
         behalfe craftily & Subtilly to deceive & defraud the said summe of
         forty foure pounds Sterling though often thereunto requested hath
         not paid or satisfied but the same to pay hath hitherto denyed & Still
         doth deny to the damage of the said Thomas One hundred pounds
         Sterling & thereupon he bringeth his suite.
           And whereupon the said Edward Leach by Mathew Warde his
         Attorny cometh & defendeth the force & injury when &c & Saith he did
         not assume upon himselfe in manner & forme as he the said Thomas
         Dade above in his declaration hath declared against him & of this he
         putts himselfe upon the Country and the said Thomas likewise,
         Therefore Comand is given to the Sheriff of st Maries County that
         he cause to come here this day to wit the ninth day of December in
         the Second yeare of the Dominion of Charles Lord Baltemore &c
         Annoq Dom 1676 twelve &c by whom &c who neither &c to recognize
         &c because aswell &c but before the jurors Came the said Thomas
         Dade by his Attorny aforesaid said he would make no further prose-
         cution in the plaint aforesaid against the said Edward Leach Where-
         upon it is granted by the Court here that the said Edward Leach re-
         cover against the said Thomas Dade the summe of eight hundred
         Sixty three pounds of tobacco for his costs & charges in this beha!fe
         laid Out & expended & the said Thomas Dade in mercy for his false
         claime.

         Edward Leach
             agt
         Thomas Peighin