142 Provincial Court Proceedings, 1679/80.

Liber W. C.

thereof soe posessed the said Richard the said Guelding the day
and yeare aforesaid out of his hands and posession lost, w^ch said
Guelding afterwards that is to say the fifteenth day of August
then next following by finding came into the hands and posession of
him the said Gerrard Slye, Yet the said Gerrard knowing the afore-
said Guelding to bee the prop Guelding of him the said Richard
ffenwick and unto him of right to belong and appertaine, Yet the
said Gerrard Slye deviseing and fraudulently intending him the said
Richard ffenwick of the said Guelding subtilly and craftily to de-
ceive and defraud Although often thereunto required hath not de-
livered, but the same Guelding that is to say upon the tenth day of
June in the yeare of our Lord one thousand six hundred seaventy
nine hath converted and disposed to his owne use to the damage of
him the said Richard Whereupon the said Richard saith hee is
Damnified and hath losse to the vallue of two thousand ffive hun-
dred pounds of tobacco, & thereupon hee bringeth his suite
And the said Gerrard by Christopher Rousby his Attorney com-
eth and Defendeth the force and injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court and itt is granted
unto him the same day is given to the pl^t also
Now here at this day to witt the eighteenth day of ffebruary in
the ffifth yeare of the Dominion of the Right hono^ble Charles Lord
Baltemore &c Annoq Dominj 1679 came the said parties by their
Attorneys aforesaid, and the said Gerard by his said Attorney saith
That between the writt upon w^ch this suite is grounded and the said
p^lts Declaration there is materiall Variance in this viz, that the writt
comands the sheriffe of s^t Maryes County that hee take Gerrard Slye
to answere unto Richard ffenwick of a plea of Trover and Con-
version &c, And in the Declaracon Itt is onely said, to answere unto
Richard ffenwick of a plea of w^ch the said Gerrard is ready to Averre,
And prayes Judgment of the writt aforesaid and that the same may
abate

p. 128

Whereupon the said p^lt refuseth to make any further prosecucon
ag^t the said Defend^t in the plea afforesaid, Therefore itt is Consid-
ered that the said Richard ffenwick take nothing by his writt but
bee in mercy for his fake claime thereupon, and that the said
Gerrard may goe thereof without day, And also that the said Ger-
rard slye recover against the said Richard ffenwick the sume of
ffive hundred and thirteene pounds of tobacco for his costs and
charges by him about his defence in this behalfe laid out and ex-
pended, And the said Gerrard may have thereof Execucon

Sam^ll Hatton

ag^t
Edw^d Cooke & ux adm^r
Henry Montague

Edward Cooke late of Dorchester County
and Alice his wife, Adm^ix of the goods and
Chattells of Henry Montague dec^d was
Sumoned to answere unto Samuell Hatton
of a plea that they render unto him Two