238 Provincial Court Proceedings, 1679.

Liber N N

And the said Abraham 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 likewise
Now here att this day to witt the Seventh day of June in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1679 cometh as well the said plaintiffe as the said Defend^t by
their Attorneys aforesaid And the said Abraham by his said At-
torney saith, that the declaration aforesaid in manner & forme afore-
said declared against him the said Abraham & the matters therein

p. 892

contained Are insufficient in the Law to maintain the aforesaid
Action of the said Richard Johns against the said Abraham, & to
the same the said Abraham saith he needeth not nor by the Law of
the land is bound to Answer, but to the same Demurreth in Law, &
for causes of Demurrer according to the forme of the Statute in
that case provided sheweth, that the said declaration is Vitious in
that the p^lt declares against the Defend^t in a plea of trespas upon the
case, whereas in the body of the said declaracon he only layes a
trespas, for that for the lanching of his boat voluntarily & mali-
ciously by which he hath lost her as in his declaracon he hath sett
forth, no other action lyeth but an Action of trespas And the same
ought to be laid to be done with force & armes &c and contrary to
the peace &c And the said declaracon is vitious also in this, in that
he layes the trespas to be done by the wife of the said Defend^t &
others, & yet never alleadgeth that by the same action hath accrued

to him to recover & have of the said Abraham his damages fee And
this he is ready to Verifie, whereupon for want of a sufficient dec-
laracon in this behalfe, the said Abraham prayeth judgm^t and that
the said Richard from haveing his said action against him thereof
may be barred And the said Richard Johns saith, that he by any
thing before alleadged ought not to be debarred from haveing his
action aforesaid because he saith that the declaracon against him the
said Abraham & the matters therein contained are sufficient in Law
to maintaine the aforesaid action of the aforesaid Richard Johns
against the said Abraham And this he is ready to averr, whereupon
he prayeth judgm^t & the Value of the aforesaid boat & his damages
by reason of the p^rmisses And hereupon the p^rmisses being seen &
by the Court here fully understood, itt seemem to the same Justices
here the declaration aforesaid of the said Richard in forme afore-
said made & declared & the matter in the same contained are sufficient
in Law to maintaine him the said Richard to have his action afore-
said against the said Abraham Therefore itt is considered that the
said Richard Johns recover against the said Abraham Clarke the
Sume of fifteen hundred pounds of tobacco damages occasioned
by the p^rmisses As also Eight hundred Eighty six pds of tobacco
costs of suite And the Defend^t in mercy &c