322 Provincial Court Proceedings, 1679/80.

Liber W. C.
p. 294

Att w^ch said next Provinciall Court Came the said partyes by their
Attorneys aforesaid, and the said Gerrard Slye by his said Attorney
Sayth That hee the said John England his accon aforesaid against
him the said Gerrard ought not to have because hee saith That here-
tofore Viz The second day of the Moneth of March in 1678, and
before the sueing out of the Originall writt of this accon hee the
said Gerrard being then Sheriffe of s^t Maryes County, and haveing
Received a Certaine writt of Execucon att the suite of the said John
England against the body of Garratt Vanswearingen for the sume
of Two thousand Eight hundred and Twelve pounds of Tobacco
Returneable before the Justices of the Provinciall Court the fifth day
of March aforesaid, And the said Gerrard haveing by vertue of
the said writt taken the body of the said Garret Vanswearingen into
his Custody In w^ch Custody the body of the said Garret did then
Remaine, Hee the said Gerrard Slye did the said second day of
March 1678 Att the Citty of s^t Maryes Acquainte and make Knowne
unto one Stephen Davies then the Attorney att Large of him the
said John England That hee the said Gerrard then had the body of
the said Garret Vanswearingen in his Custody By vertue of the said
writt of Execucon att the Suite of the said John England for the
said sume of Two thousand Eight hundred and Twelve pounds of

Toharro, and the said Gerrard Slye did then and there propound to

the said Stephen Davyes, That if hee the said Stephen for and on
behalfe of the said John England would Release and discharge the
said Garret Vanswearingen of and from the said Imprissonment and
of and from the said debt or sume of Two thousand Eight hundred
and Twelve pounds of Tobacco That then hee the said Gerrard Slye
would Engage to pay and Satisfy the said sume of Two thousand
Eight hundred and Twelve pounds of Tobacco unto the said Stephen
Davies for the use and behoofe of the said John England, w^ch propo-
sicon the said Stephen did then like of, & thereupon hee the said
Gerrard did assume upon himself to pay the said Stephen for the
use aforesaid the Sume of Two thousand Eight hundred & Twelve
pounds of Tobacco when thereunto required, And the said Stephen
as Attorney of the said John England did then and there give order
& direccons, to the said Gerrard Slye then Sheriffe as aforesaid to
discharge & release the said Gerrat Vanswearingen out of Frisson
for the said sume of Two thousand Eight hundred and Twelve
pounds of Tobacco at the said suite of the plt, And the said Ger-
rard Slye further sayth That hee the said Gerrard Did then and
there imediately pay unto the said Stephen in the hand of Emanuel
Pitchard then present the Sume of Nine hundred sixty six pounds
of Tobacco in part of the said Two thousand Eight hundred and
Twelve pounds of Tobacco, and also the s^d Gerrard & the said
Stephen did then and there Reccon of other accompts betwixt them
Whereupon was due to the said Gerrard Slye from the said Stephen