Provincial Court Proceedings, 1679/80. 133

Sume of Thirty foure pounds & thirteen shillings haue not paid,
but the same to pay hitherto have denyed & still doth deny, where-
upon the said John Owen saith he is damnified & hath losse to the
Value of ffifty pounds of lawfull money of England And thereupon
he brings his suite
And the said Josias & James by Robert Ridgely their Attorney
come & defend the force & injury when &c and pray liberty to im-
parle hereunto untill next Provinciall Court & itt is granted unto
them, the same day is giuen to the p^lt also
Now here att this day to witt the Nineteenth day of ffebruary in
the fifth yeare of the Dominion of the right Hon^ble Charles Lord
Baltemore &c Annoq Doni 1679 came the said parties by their
Attorneys aforesaid And the said Josias & James by their said
Attorney say, that the aforesaid p^lt his action aforesaid against
them ought not to have because they say that they have fully admin-
istred all and singuler the Goods Chattles & creditts, which were of
the said John Desiardins att the tyme of his death in their hand to
be Administred of, nor any Goods & Chattles unadminist^d in their
hands had of the deceased att the tyme of the p^lts sueing out the
originall writt upon this action, nor att any tyme afterwards And
this they are ready to averr And thereupon demand judgm^t if the
aforesaid p^lt his action aforesaid against them ought to haue. where-
upon the said p^lt refuseth to make any further prosecution against
the said Defend^ts in the plea aforesaid Therefore itt is considered,
that the said John Owen take nothing by his writt, but be in mercy
for his false claime thereupon And the said Josias & James may goe
thereof without day And also that the said Josias Lenham & James
Balderstone recover against the said John Owen the sume of Eight
hundred Eighty foure pounds of tobacco for their costs & charges
by them about their defence in this behalfe laid out & expended And
the said Josias & James may haue thereof Execution &c

ffebruary II^th 1679
Then was Robert ffranklyn Sheriffe of Ann Arundell County
finefd] to his Lord^pp the Lord Prop^ry of this Province two thousand
pounds of tobacco for not returning his writts the day the same were
returnable
ffeb^ry n^th 1679
Allowed by this Court unto John Hamilton of Charles County for
drawing forth a coppy of the ballance of all accompts as they stood
upon the bookes of John Sanders the Sume of fou[r] hundred
pounds of tobacco, to be paid unto him by M^r Samuell Raspin

Liber W. C.

John Wade
ag^t
Thomas Lomax

Thomas Lomax late of s^t Maryes County
Ejectm^t was attached to answere unto John Wade
in a plea Wherefore w^th fforce & Armes
unto one tract of Land or Plantacon

p. 120