70        Provincial Court Proceedings, 1677.

            Liber N N And the said Clement Hill by Kenelm Cheseldyn his Attorny
                   cometh & defendeth the force & injury when &c and Saith he did not
                   assume upon himselfe & to the Said Abraham make such promise as
                   the said Abraham in his declaration aforesd hath declared against
                   him & of this he putts himselfe upon the Country & the said Abraham
                   also Whereupon it is comanded the Sheriff of st Maries County that
                   he cause to come here twelve &c. Now here at this day to wit the
                   Eighth day of October in the Second yeare of his Lopps Dominion
                   &c Annoq Doth 1677 Came the Said Clement & Abraham by their
                   said Attornyes and the jurors of that jury also came to witt Thomas
                   Cosden Edward Turner John Baker Thomas Gant Michael Tawney
                   Mordecai Hunton Thomas Sprigg Michael Miller Stephen Murty
                   John Bearcroft Mathew Erickson & Wm Thomas who being im
                   pannelled SumOned & Sworne & haveing heard the evidences & what
                   was alleadged on both parts Upon their Oathes doe say Wee find
                   for the plaintiff two thousand two hundred & fifty pounds of tobacco
                   damages with costs of suite. Which being read & heard the said
                   Clement by his Attorny aforesaid moved in arrest of judgment
                   whereupon day was given untill the morrow to putt in his reason
                   why judgment Should be arrested At which morrow to witt the ninth
                   day of October in the yeare aforesaid the said Clement saith
                     It's Error in that the jury have found two thousand two hundred
                   & fifty pounds of tobacco damages to the plaintiff but not the assump
                   tion of Six thousand eight hundred ninty Seaven pounds of tobacco
                   which was the thing in issue & ought to be found before any dam
                   ages could be given, for the damages are only a recompence given
                   to the plaintiff by Law for the wrong susteined and if the issue
                   which was assumpsit or non assumpsit in manner & forme be not
                   found there is no wrong done, then no action & consequently no
                   damage
                     It's Error in that it appeares not by the declaration that the de
                   fendant received any consideration and then a nude Contract & void
                   in Law.
                     Which said reason being read & heard & Over-ruled by the Court
                   here It is granted by the Court That the said Abraham Rhodes re
                   cover against the said Clement Hill the summe of Six thousand eight
                   hundred flinty seaven pounds of tobacco and two thousand two
                   hundred & fifty pounds of tobacco damages occasioned by the trespas
                   aforesaid with the summe of two thousand fifty Eight pounds of
                   tobacco costs of suite &c.

                   Thomas Jones Stephen Goff & Mary his wife executrix of the
                       agt last Will & Testament of John Jarbo deceased
                   Stephen Goff & uxr was attached to answer unto Thomas Jones in
                     Exr Jno Jarbo a plea of trespas upon the case
                                  And whereupon the said Thomas Jones by
                   Kenelm Cheseldyn his Attorny complaineth that whereas the said