74        Provincial Court Procee&ngs, 1677.

             Liber N N  of tobacco for such merchants & others amounting to above three
                    hundred thousand pounds of tobacco for collecting whereof he was
                    to have ten pounds of tobacco for every hundred received & without
                    that, that the bag So taken as aforesaid at the time of the takeing
                    thereof as aforesaid did conteine all his the said Edward Pynns
                    papers & concernes touching the management of the imployment of
                    receivour as aforesaid or any papers or concernes otherwise then
                    what the Said Edward had been entrusted withall upon his Said
                    Lopps the publique or some of his Lopps Officers as aforesaid &
                    which were mentioned & intended by the said precept or warrant
                    directed to the Said Charles James as aforesaid, & without that that
                    the said Charles from him the said Edward the said papers, write
                    ings & accompts relateing to his said Office & Receivour otherwise
                    then what was mentioned & intended by the Said warrant or precept
                    from the Honble Wm Calvert as aforesaid did deteine & Keepe so
                    as the said Edward for want thereof lost the opportunity of Col
                    lecting & receiveing tobacco aforesaid & by meanes thereof his
                    Salery of ten pounds PCent & also the imployment of Collecting &
                    receiveing tobacco & this the said Charles is ready to averre where
                    upon he prayeth judgment whether the aforesaid Edward ought
                    to have his action aforesaid against him.
                      And the said Edward Saith that as to the assault & takeing away
                    the bagg of writeings from the said Edward by the Said Charles
                    the Said Charles is guilty of the trespas aforesaid in manner & forme
                    as the said Edward hath above declared against him, & this he prayes
                p. 358  may be enquired off by the Country & the said Charles also And
                    as to the residue of the said plea in barr Offered against the action
                    of the Said Edward the said Edward Saith he ought not for any
                    thing therein before alledged to be barred from his action afore
                    said for that he saith the said Charles did not duly execute the said
                    precept or warrant On the said Edward as the said Charles hath
                    above pleaded nor was the due execution of the said precept or war
                    rant the trespas above declared, without that that the said Charles did
                    permitt or Suffer the Said Edward to seperate the Publique bookes
                    & accompts from the other papers that were in the Said bagg all
                    which the said Edward is ready to averre & humbly demands judg
                    ment & his damages &c & the said Charles also. Whereupon it is
                    Comanded the sheriff of st Maries County that he cause to come
                    here twelve &c by whom &c who neither &c to recognize &c because
                    aswell &c. Now here at this day to wit the sixth day of October in
                    the Second yeare of the Dominion of Charles Lord Baltemore &c
                    over this Province Came the Said Edward & the said Charles by
                    their said Attorny and the jurors of that jury came also to witt
                    Thomas Cosden Edward Turner Jno Baker Thomas Gant Michael
                    Tawney Mordecay Hunton Thomas Sprigg Michael Miller Stephen
                    Murty John Bearcroft Morgan Jones and Wm Thomas who being