158 Provincial Court Proceedings, 1679.

Liber N N

sumpcons in nowise reguarding but endeavouring & intending him
the said John in this behalfe craftily & subtily to deceive & defraud,
the said Sume of Eighteen pounds sterl or any parcell thereof hath
not paid, or any other satisfaction for the same in any manner made
according to his promises & assumpcons aforesaid although unto
this he hath bin thereunto in the said County of Somerset the third
day of ffebruary last requested, but the same to him to pay & satisfie
hath refused & as yet doth refuse, whereupon he saith that he is
the worse & hath damage to the Value of fforty pounds stert, & there-
upon he brings his suite
And the said Thomas Clarke by Robert Ridgely his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provintiall Court & itt is granted
unto him, the same day is given to the plaintiffe also
Now here att this day to witt the fifth day of June in the fourth
yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni
One thousand six hundred Seventy nine cometh as well the said
plaintiffe as the said Defend^t by their Attorney aforesaid And the
said Defend^t by his said Attorney saith, that he did not assume &
promise in manner & form as the said John Longden about against
the said Thomas Clarke hath complained And of this he putts him-
selfe upon the Countrey And the plaintiffe likewise Therefore itt was
comanded the Sheriffe of S^t Maryes County that he cause to come
here twelve &c by whom &c and who neither &c to recognize &c
because as well &c Att which said fifth day of June in the yeare
aforesaid cometh as well the said John Longden as the said Thomas
Clarke by their Attorneys aforesaid And the jurors impannelled
being called likewise come to witt John Evans, Stephen Murty Sam-
uell Asbiston, Richard Sweatnam, Anthony Evans, Robert Peca,
Nicholas Racket & Robert Smith, Thomas Lomax, John Watson,

p. 818

Theophilus Turford & Henry Penington who being Elected tryed &
Sworne to say the truth in the p^rmisses upon their Oaths doe say
that the said Thomas Clarke did assume & promise in manner &
forme as the said John Longden above against him hath declared.
Which Verdict of the jurors aforesaid being read & heard, the
Defend^t by his Attorney aforesaid moved the Court here in Arrest
of judgem^t and for Arresting thereof saith, that the plaintiffe or his
Attorney have not sued out a Venire facias in this case directed to
the Sheriffe of S^t Maryes or any other County to Sumons a jury
for the said tryall, which is sufficient Error to Arrest the judgm^t
aforesaid Which being read & heard itt is the judgement of the
Court here that the reason aforesaid is insufficient in Law to Arrest
the judgem^t aforesaid Therefore itt is considered that the said John
Longden recover against the said Thomas Clarke as well the Sume
of Eighteen pounds stert damages by the jurors aforesaid in forme
aforesaid assessed As also thirteen hundred sixty four pounds of
tobacco costs of suite And the Defendant in mercy &c