148 Provincial Court Proceedings, 1679/80.

Liber W. C.

Reguarding but deviseing and fraudulently intending him the said
John Hartwell of the said sume of three thousand eight hundred &
tenn pounds of Tobacco Craftily & subtilly to deceive & defraude,
The said bill soe tendered him Refused to signe & Seale according
to his pmisse, & to passe bill for the same according to his pmise did
denye & as yet doth denye, to the damage of the said John Hartwell
ffive thousand pounds of tobacco, & thereupon hee bringeth his suite
And the said John Butcher by Robert Carvile his Attorney cometh
& defendeth the fforce & injury when &c, and prayeth liberty to im-
parle hereunto untill next Provinciall Court and itt is granted unto
him the same day is given to the plt alsoe

p. 133

Att w^ch said Provinciall Court to Witt the ffourteenth day of
ffebruary in the ffifth year of the Dominion of the Right hono^ble
Charles Lord Baltemore Anno Dominj One thousand six hundred
Seaventy nine Came the said parties by theire Attorneyes aforesaid,
and the said John Butcher by his said Attorney saith that hee the
said John Butcher did not assume nor pmisse as the said John Hart-
well hath above Declared against him and of this hee puts himselfe
upon the Country & the pl^t likewise, therefor Itt is Comanded 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 :
wch said fourteenth day of ffebruary in the yeare aforesaid came the
said parties by theire Attorneys aforesaid, and the Jurors impannelled
being called likewise came, to witt Robert Ellis William Thomas.
Henry Exon James Veitch. Thomas Beale, Sam^ll Dobson, William
Bawdon, Owen Guithe[r] Barnard Johnson, Thomas Allanson,
Edward sise, Daniell Clocker, who being elected tryed & sworne to
say the truth in the p^rmisses, upon theire Oathes doe say that the
said John Butcher is not guilty of the premisses by the said plan-
tiffe alleadged against him in manner & fforme as the said p^lt in his
Declaracon hath sett forth, therefore itt is considered that the said
John Hartwell take nothing by his writt but bee in mercy for his
ffalse plaint thereupon, and that the said John Butcher may goe
thereof without day, And also that the said John Butcher recover
against the said John Hartwell the sume of two thousand one hun-
dred seventy three pounds of tobacco ffor his costs and charges by
him about his defence in this behalfe laid out and Expended, And the
said John Butcher may have thereof Execution

Marmaduke Bowdlerl

ag^t
Sam" Tovey

Sam^ll Tovey late of Kent County Marchant,
otherwise called Samuell Tovey of Kent
County in the province of Maryland was sum-
oned to Answere unto Marmaduke Bowdler