Provincial Court Proceedings, 1679/80. 323

the Quantity of One hundred ninety five pounds of Tobacco, w^ch
said one hundred ninety five pounds of Tobacco hee the said Ger-
rard did also order & allow the said Stephen to Keepe and take
in further Satisfaccon of the said Two thousand Eight hundred
and Twelve pounds of Tobacco, w^ch said Sumes of Nine hundred
sixty six pounds of Tobacco and One hundred ninety five pounds
of Tobacco The said Stephen Attorney of the said John England
did accept of in part of the said Two thousand Eight hundred and
Twelve pounds of Tobacco, And as for the residue of the said sume
of Two thousand Eight hundred and Twelve pounds of Tobacco
(, to witt) the Sume of One thousand six hundred fifty one pounds of
Tobacco The said Gerrard Sayeth that hee Ever was and still is
Ready to pay the Same according to his said Assumption, without
that hee the said Gerrard any fraudulent retourne of the said writt
of Execution did make All w^ch the said Gerrard is Ready to averre
and therefore demands Judgment if hee the said John his action
aforesaid in manner and forme aforesaid against him the said Ger-
rard ought to have,
And the said John England as to the said plea of the said Gerrard
Slye That the said Gerrard Slye the said Garret Vanswearingen did
discharge and release out of prisson for the said sume of Two thou-
sand Eight hundred and twelve pounds of Tobacco upon the Execu-
con aforesaid at the suite of the said plantiffe by ord^r & direccons
of the said Stephen Davies Attorney of the same plantiffe above
in barr pleaded sayth that hee by any thing in the same plea alleadged
Ought not to bee barred trom haveing his said accon against the
said Gerrard Slye because hee sayth That the said Gerrard Slye
the said Garret Vanswearingen did not discharge and Release out of
prison for the said sume of Two thousand Eight hundred & Twelve
pounds of Tobacco Upon the Execucon aforesaid at the suite of the
sd p^lt by the ord^r and Direccon of the said Stephen Davyes Attorney
of the same plt in manner and forme as the said Gerrard Slye hath
above Alleadged, & this hee prayes may bee Enquired of by the
Country, and the plt also
Therefore 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 :
Now here att this day to witt the seaventeenth day of ffebruary
in the fifth yeare of the Dominion of the Right Hono^ble Charles
Lord Baltemore &c Annoq Dominj 1679 Came the said partyes by
their Attorneys aforesaid, and y^e Juro^rs Impannelled being Called
Likewise Came (To witt) Thomas Cosden, Joseph Tilley Marma-
duke Semme, Samuel Holdsworth John King, William Husbands
Thomas Sedwicks, Robert Mason, James Lewis, Thomas Alcock,
John Bouchier & Herman Norton, Who being elected Tryed and
Sworne to say the Truth in the p^rmisses Upon their Oathes doe say,

Liber W. C.
p. 295