174 Provincial Court Proceedings, 1679.

Liber N N p. 832

Jonathan Sibrey agt Henry Penington

Henry Penington late of Cecil County was At- tached to answer unto Jonathan Sibrey Sheriffe of the County of Cecil of a plea of trespas of the case

And whereupon the said Jonathan by Robert Carvile his Attorney
saith, that whereas Thomas Taillor of Ann Arundell County Esq^r
upon the twenty sixth day of Decemb^r in the yeare of our Lord One
thousand six hundred seventy seven did obtaine out of the Court of
Cecil County Court two severall Executions upon two severall
judgem^ts formerly had in the said Cecil County Court against Joseph
Chew of the said County of Cecil for the sume of two thousand
ninety five pounds of tobacco debt & three hundred seventy fiue
pounds of tobacco costs of suite And the other for One thousand
& twenty pounds of tobacco debt & three hundred thirty five pounds
of tobacco costs of suite to the said Jonathan then & yet Sheriffe
of Cecil County directed returnable the second tuesday in January
then next, whereby the said Jonathan was willed & required to take
into Execucon the body of the said Joseph Chew & him in safe cus-
tody keepe untill he should satisfie the abovesaid debts & Charges
By vertue of which said Executions the said Jonathan did upon the
sixth day of January One thousand six hundred seventy seven before
the returne of the same writts att the house of the said Henry Pen-
ington in Sassafrax River in Cecil County, take the said Joseph
Chew in Execucon for the said severall debts & costs aforesaid
which in the whole doe amount unto the sume of three thousand
Eight hundred twenty five pds of tobacco And the said Joseph Chew
being so in Execution, & in the custody of the said Jonathan, that
said Henry Penington in consideration that the said Jonathan att
the speciall instance & request of him the said Henry would deliver
unto him the said Henry Penington the custody of the body of him
the said Joseph Chew, & permitt & suffer him the said Joseph Chew
under the custody of him the said Henry to goe abroad to the next
Cecil County Court being the tuesday following there to looke after
his debts, & gett in the sume wherewith to satisfie the debts judge-
ments and Executions aforesaid, he the said Henry did then &
there assume upon himselfe & to the said Jonathan faithfully prom-
ise that he the said Henry would att the then next Court held for
the said Cecil County on the tuesday following as aforesaid render
upp unto the said Jonathan Sibrey in safe Custody the body of
the said Joseph Chew unlesse he did satisfie & pay the severall
judgem^ts & Executions aforesaid And the said Jonathan in fact
saith, that he trusting to the promises of the said Henry so as afore-
said made, did then & there deliver unto the said Henry the custody
of the said Joseph Chew to be by him safe kept untill he paid the
Executions aforesaid or surrendred his body to prison aforesaid
Yet notwithstanding the said Henry his promise & assumpcon afore-