174       Provincial Court Proceedings, 1677/8.

             Liber N N And the aforesaid John Evans by Robert Ridgely his Attorney
                    cometh & defendeth the force & injury when &c And the said John
                    saith he did not assume & promise in manner & forme as the said
                    Peter above against him hath declared, & of this he putts himself e
                    upon the Countrey, & the said Peter also Therefore itt is comanded
                    the sheriffe of St Maryes County that he cause to come here twelve &c
                    by whom &c who neither &c to recognize &c because aswell &c
                      Now here att this day to witt the two & twentieth day of ffebry
                    in the third yeare of the Dominion of Charles Baltemore &c Annoq
                    Doni 1677. came aswell the said plaintiffe as the said Defendant by
                    their Attorneys aforesaid And the Jurors impannelled being called
                    likewise came to witt Thomas Sprigg, Tho: Courtney, Morgan
                    Jones, Roger Tolle, Edward Horne, Thomas Ball, John Hollins,
                    ffrancis Hill, Edmond Dermott, Stephen Murty, Thomas Innes &
                    Edward Sauvage who to say the truth in the prmisses, being elected
                    tryed & sworne upon their Oaths doe say wee finde for the plaintiffe
                    twelve hundred pounds of tobacco with costs of suite Therefore itt
                    is considered that the said plaintiffe recover against the said Defendt
                    the sume of twelve hundred pounds of tobacco damages occasioned
                    by the trespas aforesaid, as also the sume of One thousand forty
                    pounds of tobacco costs of suite.

                    John Evans    Peter Watts Exr of the last Well & testamt of
                      agt Robert Cager deceased was Attached to Answer
                    Peter Watts Exr of unto John Evans of a plea of trespas upon the
                    Robert Cager case.
                                   And whereupon the said John Evans by Rob
                    ert Ridgely his Attorney complaineth, that whereas the said Robert
                    Cager in the life tyme of the said Robert to witt between the tenth
                    day of June One thousand six hundred seventy foure, & the tenth
                    day of Novembr One thousand six hundred seventy five bougbt had
                    & received of the said John divers goods and comodities amounting
                    in the whole to the sume of two thousand foure hundred ninety &
                    one pounds of tobacco, a particuler whereof is by the said John
                    here in Court produced In consideracon whereof the said Robert did
                    assume upon himselfe & to the said John in his life tyme did faith
                    fully promise, that he the said Robert him the said John the said
                    sume of two thousand foure hundred ninety one pounds of tobacco
                    when thereunto required would well & truely content & pay Yet the
                    aforesaid Robert in his life tyme nor the said Peter since his death
                    to whom the Execucon of the testament of the said Robert since his
                    death hath bin committed, the said sume of two thousand foure
                    hundred ninety & one pounds of tobacco to him the said John though
                    often thereunto required hath not paid, but the same to pay hath
                    denyed & as yet doth deny to the damage of the said John three
                    thousand pounds of tobacco, & thereupon he produceth his suite.