Provincial Court Proceedings, 1676.    437

         Carvile his Attorny Saith that whereas the said Jonathan at the Liber N N
         Speciall instance & request of the said Edward upon the tenth day
         of March in the yeare of Our Lord 1675 did lend unto him the
         said Edward One good new boate with Sailes & riggen to the same
         belonging of the value of three thousand five hundred pounds of
         tobacco he the said Edward in consideration thereof did assume
         upon himselfe & to the said Jonathan did faithfully promise that he
         the Said Edward would not only returne the said boate Safe & Sound
         againe to the said Jonathan in some Short tyme then after, but
         that he would also pay & Satisfie unto the said Jonathan what he
         should reasonably deserve for the hire of the Said boate when he
         should be thereunto lawfully requested & the said Jonathan in fact
         Saith that the said Edward did Keepe the Said boate from the said
         Jonathan in the Service of the said Edward from the tenth of
         March aforesaid till the eightenth day of October 1676 without
         rendring any Satisfaction for the Same or for the hire thereof or
         for the Said boate contrary to his promise & assumption aforesd
         though often to the same requested whereupon the said Jonathan
         Saith he is dampnified & hath losse to the value of six thousand
         pounds of tobacco & thereupon he bringeth his suite.
           And the Said Edward Gunnell by Mathew Warde his Attorny
         cometh & defendeth the force & injury when &c & Saith he did not
         assume in manner & forme as above against him is declared & this
         he prayes may be enquired of by the Country & the plaintiff also.
         Therefore Comand is given to the Sheriff that he cause to come
         here twelve &c Now here at this day to wit the 28th day of April Anno
         1677 Came the partyes aforesaid by their Attornyes & the jurors of
         that jury also came to wit Edward English Marmaduke Semme
         Samuel Raspin Thomas Russell Jno Darby John Barnes John Wag-
         hopp Jno Hyland ffrancis Swinfen James Rumsey Thomas Spinke
         & Michael Miller who being impannelled sumOned & Sworne to speake
         the truth in the prmisses upon their Oathes doe Say Wee find for
         the plaintiff two thousand five hundred pounds of tobacco with costs
         of Suite Whereupon it is granted by the Court here that the Said
         Jonathan recover against the said Edward aswell the summe of two
         thousand five hundred pounds of tobacco damages occasioned by
         the trespas aforesaid as also the summe of One thousand & fourteen
         pounds of tobacco costs of suite. And the said Edward in mercy.

         Johnathan Sibrey Edward Gunnell & Joseph Sayres late of Cecil
              agt County were attached to answer unto Jonathan
         Edward Gunnell & Sibrey in a plea of trespas upon the case
       Joseph Sayres  And whereupon the said Jonathan Saith by
                      Robert Carvile his Attorny that the said Edward
         & Joseph Seyres about the latter end of the month of January in
         the first yeare of the Dominion of Charles &c Ano Doth 1675 haveing