Provincial Court Proceedings, 1679/80. 139

detaine and the same tobacco hogsheads Did utterly refuse to deliver
to the said Barnard and his sarvants or Workemen or any other
person on his behalfe, By reason and occasion whereof and for want
of the said eight tobacco hogsheads, the workmen and sarvants
aforesaid of him the said Barnard Johnson were consteined at
that time to desist and fforbeare to strike the aforesaid Cropp of
tobacco, and thereby hee the said Barnard Wholly lost the benifitt
of the said season, and by occasion of the p^rmisses before hee the
said Barnard could provide himselfe of other Tobacco hogsheads
ffor the purpose aforesaid, to witt within the space of one moneth
from the said twenty fifth day of November aforesaid greate part
of the said Cropp of tobacco was by Cattle breaking into one of the
said tobacco houses wher the same was hanging, pulled downe
wasted & destroyed One other part of the same Cropp of tobacco
hanging in the same tobacco house wher the Cattle had before broke
in as aforesaid, was by the ffall of the same house w^ch happened to
bee blowne downe on or about the six and twentieth day of Decemb^r
1678, Lost perished and destroyed, & the Residue of the said Cropp
of tobacco being in the said other tobacco house of the said Planta-
con, by the burning of the said house w^ch happened shortly after
was utterly lost and Consumed, And soe the said Barnard by reason
and occasion of the p^rmisses utterly lost the aforesaid whole Cropp

Liber W. C.

of tobacco soe hanging and being in the aforesaid Tobacco houses
on the said twenty fifth day of November aforesaid, consisting of
at least, three thousand six hundred pounds of tobacco, By meanes
and occasion of w^ch said Losse soe sustained by the said Barnard
as aforesaid hee the said Barnard was totally Disabled in time of
shipping while goods were to bee bought to purchase cloathes and
things necessary ffor support of himselfe Wife Children and ffamily,
and to defray and satisfie his Just debts wherein hee stood obleiged,
Whereby the said Barnard saith hee is the worse and hath damage
to the vallue of Eight thousand pounds of tobacco, And thereupon
hee brings his suite,
And the said Elizabeth Letchworth by Robert Carvile her Attor-
ney Cometh. and Defendeth the fforce and Injury when &c and
prayeth liberty to imparle hereunto untill next Provinciall Court and
itt is granted unto her, the same day is given to the plantiffe also
Now here att this day to witt the fourteenth day of ffebruary in
the ffifth year e of the Dominion of the right hono^ble Charles Lord
Baltemore &c Annoq} Dominj 1679 came the said parties by their e
Attorneys aforesaid, And the said Elizabeth Letchworth by her said
Attorney saith, That she is in noe wise guilty of the premisses above
by the said Barnard imposed upon her and of this she putts her selfe
upon the Country, & the plantiffe likewise.
Therefore comand is given to the sheriffe of s^t Maryes County,
that hee cause to come here twelve &c, by whome &c. and who neither
&c to Recognize &c because aswell &c, On w^ch said fourteenth day

p. 125