Provincial Court Proceedings, 1678/9. 97

& of the Value of foure thousand pounds of tobacco as aforesaid
Yett the aforesaid Michael hath & still doth refuse to deliver the
same, but the same doth unjustly detaine, whereupon the said Philip
saith he is damnified & hath losse to the Value of Six thousand
pounds of tobacco, & thereupon he produceth his suite
And the said Michael by Robert Carvile 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 thirteenth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 cometh as well the said Plaintiffe as the said Defend^t
by their Attorneys aforesaid And the said Michael by his said At-
torney saith, that he doth not detaine the Goods in the Declaracon
menconed to witt the feather bed rugg pillow and bolster, two blan-
ketts & two gunns & the two Sowes in manner & forme as the said
Philip hath above against him declared And of this he putts himselfe
upon the Countrey And the said plaintiffe likewise. Which issue
being thus joyned, the said parties by their Attorneys aforesaid
referred themselves to the judgem^t of the Court of & upon the
p^rmises, with release of Errors each to the other of the judgem^t to
be given thereupon And the said Michael Miller maketh Oath in
open Court, that the Goods & Chattels in the declaracon above
menconed or any of them never came to his possession Therefore
itt is considered that the aforesaid Philip Denny take nothing by his
writt aforesaid, but be in mercy for his false claime thereupon prose-
cuted And the aforesaid Michael may goe thereof without day And
that the said Michael recover against the said Philip Denny the sume
of ffive hundred sixty eight pounds of tobacco for his costs &
charges by him about his defence in this behalfe sustained, to the
said Michael by the discretion of the Justices here adjudged And the
said Michael may have thereof Execucon

Liber N N

John Aylward
ag^t
Thomas Clarke

Thomas Clarke M^rchant was Sumoned to answer
unto John Aylward in a plea that he render unto
him his reasonable accompt of the tyme he was
Receiver of the tobacco of him the said John which