Provincial Court Proceedings, 1679. 175

said little reguarding, but deviseing & plotting how to defraud &
deceive the said Jonathan & to lay the burthen of the said Execu-
tions upon the said Jonathan, & to defraud him of his due ffees for
the said Executions, he the said Henry without the comand of the
said Jonathan the said Joseph before the comeing of the said Court
day for Cecil County aforesaid where he would freely & voluntarily
did suffer to goe att large & escape, by reason of which Escape the
said Jonathan hath bin compelled to pay the said severall Sumes

Liber N N

of tobacco aforesaid amounting to the Sume Of three thousand
Eight hundred twenty five pounds of tobacco And of his remedy for
the recovery of the said Sume as also of his ffees for the Execucons
aforesaid against the said Joseph Chew to be had hath no meanes,
who from the tyme of his Escape aforesaid to places to the said
Jonathan unknown did withdraw himselfe & lay hid & altogether
obscured to the damage of the said Jonathan six thousand pounds
of tobacco and thereupon he bringeth his suite
And the said Henry by Robert Ridgely his Attorney cometh &
defendeth the force & injury when &c and prayeth liberty to imple
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 Sixth day of June in the fourth
yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni
1679 cometh as well the said Jonathan Sibrey as the said Henry
Penington by their Attorneys aforesaid And the said Henry by his
said Attorney saith that he did not assume & promise in manner &
forme as the said Jonathan above ag^t him hath declared, & of this he
putts himselfe upon the Countrey, & the plaintiffe also. Therefore
itt was conianded 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 which said jurors being Sumoned, the plaintiffe
refused to make any further prosecution against the Defend^t in the
plea aforesaid Therefore itt is considered that the said Jonathan
Sibery take nothing by his writt, but be in mercy for his false claime
And that the said Henry Penington recover against the said Jonathan
Sibrey the Sume of Nine hundred forty three pounds of tobacco
for his costs & charges by him about his defence in this behalfe laid
out & expended And the said Henry may have thereof Execution

p. 833

Mary Warde Ex^x
Matthew Warde

ag^t
John Quigley

John Quigley late of S^t Maryes County other-
wise called John Quigley of S^t Maryes County
gentl was Stationed to Answer unto Mary Warde
Exec^rs of the last Will and testam^t of Matthew
Warde of a plea that he render unto her the