260      Provincial Court Proceedings, 1677/8.

            Liber N N  Doni 1677 came the said parties by their Attorneys aforesaid, & the
                   said John Brooke by Charles Boteler his Attorney saith, that the
                   said Thomas Gilbert his accon aforesaid ought not to have, for that
                   the said Wm Worgan in his life tyme did not promise & assume in
                   manner & forme as the plaintiffe above in his declaracon hath de
                   clared & of this he putts himselfe upon the Countrey & the said plain
                   tiffe likewise. 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 Att which said Eleventh day of
                   April in the yeare aforesaid came the said parties by their Attorneys
                   aforesaid And the Jurors impannelled being called likewise came
                   to witt Clement Hill, John Roberts, John Stanley, Thomas Robison,
                   Henry Henly, Jacob Morris, Robert Proctor, Edward Pynn, Wm
                   Guither, Tho: Ball, Tho: Sprigg & Elias Beech who To say the
                truth in the prmisses being elected tryed & sworne upon their Oaths
                   doe say We of the Jury doe finde for the plaintiffe the sume of
                   two thousand five hundred pounds of tobacco Therefore itt is con
                   sidered by the Court here, that the said Thomas Gilbert recover agt
                   the Estate of the said Wm Worgan two thousand five hundred pounds
                   of tobacco damages by the Jurors aforesaid in forme aforesaid as
                   sessed As also Nine hundred ninety six pounds of tobacco costs of
                   suite


                   Slye
                                    agt
                   John Wade These two actions in Ejectmt are continued untill next
                   John Wade Court
                                    agt
                                 John Slye


                   Robert Carvile Comand was given to the Sheriffe of Dorchister
                      agt County that he take Thomas ffisher of Bristoll
                   Tho: ffisher  Mrchant if he should be found in his bailywick, &
                   him safe to keep so that he haue his body here the
                   ninth day of April Anno Doni 1678. to Answer unto Robert Car-
                   vile genti of a plea of trespas upon the case Att which said ninth
                   day of April the same Sheriffe maketh returne of the writt afore
                   said, that the said Thomas ffisher is not found in his bailywick.
                   Whereupon the said Robert Carvile prayed an Attachmt agt the
                   Estate of the said Tho: ffisher according to Act of Assembly in
                   that case made & provided & itt is granted unto him


                   Garret VSweringen
                                    agt
                   John Blomfeild