28 Provincial Court Proceedings, 1678.

Liber N N

case of writeings in the whole to the Value of two thousand pounds
of tobacco And the said James further saith that upon the
day of being presst to serve the right Hon^ble the Lord
Prop^ry under Cap^t Justinian Gerard against the Emperor of Nante-
coke, the aforesaid wearing Cloaths & writeings in the possession of
the said James he did leave And afterwards Viz^t upon the twelfth
day of April One thousand six hundred seventy eight the said John
Weare did returne being dismist from the said service, & the said
wearing Apparrell & writeings of the said James did demand &
require Yett the said James Rumsey though often thereunto re-
quired the said wearing apparrell & writings to him the said John
hath not delivered, but the same to deliuer hath denyed & as yett
doth deny & unjustly detaine Whereupon the said John saith he is
damnified & hath damage to the Value of three thousand pounds

p. 701

Of tobacco & thereupon he brings his suite
And the said James Rumsey by Kenelm Cheseldyn his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court & itt is granted
unto him, the same day is given to the plaintiffe also
Now here att this day to witt the Sixteenth day of Octob^r in the
third yeare of the Dominion of Charles Lord Baltemore &c. Annoq
Doni 1678. came the said parties by their Attorneys aforesaid And
the said James Rumsey by his said Attorney saith that he detaineth
not the Goods & Chattels from the aforesaid John Weare nor any
parcell thereof in forme wherein the said John above against him
hath declared And of this he putts himselfe upon the Countrey, &
the plaintiffe likewise Whereupon itt is 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 aswell &c Att which said
Sixteenth day of October in the yeare aforesaid came as well the
said plaintiffe as the said Defend^t by their Attorneys aforesaid And
the jurors impannelled being called likewise came to witt Richard
Boughton, John Haslewood, Thomas Doxey, John Doxey, Mark
Bromfield, Thomas Bowdle, Tho: Osborne, Lewis Blangy, Tho :
Ball, Henry Howard, Thomas Gilbert & Richard Hodgson who being
att the barr the said John Weare by his Attorney aforesaid said that
he would make no further prosecution against the said James in the
plea aforesaid Therefore itt is considered by the Court here that the
said James Rumsey recover ag^t the said John Weare the sume of
pounds of tobacco for his costs & charges by him
about his defence in this behalfe laid out & expended And the said
John Weare in mercy &c for his false plaint

John Weare

ag^t
James Rumsey

James Rumsey late of Calvert Conty was Attached
to Answer unto John Weare of a plea of trespas
upon the case
And whereupon the said John Weare by Charles