180      Provincial Court Proceedings, 1677/8.

           Liber N N Morgan Jones     Garret VanSweringen Sweringen late of St Maryes Citty
                       agt in the County of St Maryes was Attached to
               Garret VSweringen.     Answer unto Morgan Jones in a plea of tres
                                 pas upon the case
                     And whereupon the said Morgan by Kenelm Cheseldyn his At
                   torney complaineth, that whereas he the said Morgan the twentieth
                   day of April in the yeare one thousand six hundred seventy five did
                   covenant & agree with one Robert Harper a practitioner in phisick
                   & Servant to the said Garret VanSweringen & with the lycence of the
                   said Garrat to Administer unto the wife of him the said Morgan
                   then languishing of a certaine distemper of body such meanes as the
                   said Robert in his best judgemt thought convenient for recovery of
                   the said distemper. & for the same did agree with the said Robert to
                   pay him for the same the sume of sixteen hundred pounds of tobacco
                   Afterwards to witt the fourth day of Octobr in the yeare one thou
                   sand six hundred seventy six, the said Garret VanSweringen then
                   haveing occasion for tobacco, in consideracon that the said Morgan
                   Jones would pay unto him the said Garret the sume of Eight hun
                   dred pounds of tobacco pTsent in hand, the said Garret did assume
                   upon himselfe & to the said Morgan did faithfully promise, that he
                   the said Garret would discharge him the said Morgan from the said
                   sume of sixteen hundred pounds of tobacco agreed to be paid to the
                   said Robert Harper when itt should become due to him the said
                   Robert And the said Morgan in fact saith, that he did upon the
                   consideracon aforesaid pay unto the said Garret the sume of Eight
                   hundred pounds of tobacco; aforesaid Notwithstanding which the
                   said Garret did not discharge him the said Morgan from the said
                   Robert for the debt aforesaid, but the said Robert recovered the
                   same of him the said Morgan, whereupon the said Morgan saith he
               p. 437  is dampnified the sume of two thousand five hundred pds Of tobacco
                   & thereupon he bringeth his suite
                     And the said Garret by Robert Carvile his Attorney cometh &
                   defendeth the force & injury when &c and prayeth liberty of speak
                   ing hereunto untill next Court & itt is granted him, the same day is
                   given to the said Morgan also.
                     Now here att this day to witt the two & twentieth day of ffebr
                   in the third yeare of the dominion of Charles Lord Baltemore &c
                   Anoq Doni 1677 came the said parties by their Attorneys af ore-
                   said And the said Garret saith, that he did not assume upon himself e
                   & to the said Morgan make such promise as the said Morgan hath
                   above imposed upon him, & of this he putts himselfe upon the
                   Countrey, & the said Morgan also Therefore comand is given to the
                   Sheriffe of St Maryes County that he cause to come here twelve &c
                   by whom &c who neither &c to recognize &c because as well &c And
                   the Jurors impannelled being called likewise came to witt Thomas
                   Cosden, Tho: Doxey, Henry Phippes, Tho: Bankes, John Askin,