Provincial Court Proceedings, 1679/80. 221

Attorney Complai[n]eth, That the aforesaid Michael Higgens the
Tenth day of May in the yeare of our Lord 1679 With force
and Armes, the Close and Tobacco house of him the said Roger at
st Leonards Creeke in the County aforesaid did breake and enter,
and the grasse of him the said Roger in the said Close growing to
the Vallue of five pounds w^th his feet in walking Trod downe and
Consumed, and foure hogsheads of picked and Culled Tobacco Con-
taining Neate Nineteene hundred pounds in the said Tobacco house
found of the Vallue of Twenty foure pounds Sterling, being the
prop goods & Chattells of the said Roger Baker took & Carryed
away, and other Enormities to him did do to the greate Damage of
the said Roger Baker, and against the peace whereupon hee sayth
hee is Damnified and hath Lost to the Vallue of forty pounds ster-
ling and thereupon hee bringeth his suite
And the said Michael Higgens by Christopher Rousby his Attor-
ney Cometh & Defendeth the force and Injury when &c and Prayeth
Liberty to Imparle hereunto untill next Provinciall Court an Itt
is granted unto him the same Day is given to the plt alsoe

Liber W. C.

Att w^ch next Provinciall Court to witt the Seaventeenth day of
ffebruary in the fifth yeare of the Dominion of the R^tt hono^ble
Charles Lord Baltemore &c Annoq Domini 1679 Came the said
partyes by theire Attornyes aforesaid and the said Michael Higgens
by his said Attorney sayth, That hee the s^d Michael is in noe wise
guilty of the Trespasse above said, in manner and forme as the
same by the said plt in his said Declaration is Suggested and of this
hee puts himself upon the Country, & the s^d plt Likewise
Therefore Itt is Comanded the Sheriff of st Maryes County that
hee Cause to Come here Twelve &c by whome &c who neither &c to
Recognize &c because aswell &c
On w^ch said Seaventeenth day of ffebruary in the yeare aforesaid
Came the said partyes by theire Attornyes aforesaid, & the Juro^rs
Impannelled being Called Likewise Came to witt, Thomas Cosden,
Joseph Tilley, William Thomas, Marmaduke Semme, Sam^ll Holds-
worth, John King, Richard Marsham, Thomas Sedwicks, George
Holland, Robert Mason, ffrancis Corbett, & James Lewis, Who
being Elected Tryed & sworne to say the truth in the p^rmisses upon
theire oathes doe say That If this Court shall Judge the Receipt
to bee a good Receipt then they finde for the pl^t but if this Cotirt
shall Judge the Receipt to bee noe good Receipt then they finde for
the Defend^th, And because the Justices here will advise themselves of
and upon the Verdict aforesaid before they give Judgment there-
upon A day thereof is given to the partyes aforesaid untill the
morrow following On w^ch day to witt the Eighteenth day of ffebru-
ary in the yeare aforesaid Cometh aswell the said plt as the said
Def^t by theire Attorneys aforesaid And hereupon the Receipt afore-
said of the said Deft being Scene Itt seemeth to the same Justices
here that the same Receipt is a good Receipt And the said Michael

p. 196