Provincial Court Proceedings, 1679/80. 343

Now Remaining upon Record in the Secretaryes Office of this
province, By reason whereof the said John Machen not onely of his
accon aforesaid against him the said Jn^o Sanders is altogether frus-
trated and Disappointed, but also by skulking and obsconding of
him the said John Sanders in places unknowne occasioned by the
Escape aforesaid Soe permitted by the said Gerrard Slye then sher-
iffe of S^t Maryes County aforesaid, Hee the said John Machen is

Liber W. C.

Utterly defeated of his debt aforesaid, and totally disabled to Re-
cover the same of him the said John Sanders Whereupon hee sayth
hee is the worse & hath Damage to the vallue of ffive hundred
pounds Sterling, and thereupon hee brings his suite
And Whereupon the said Gerard Slye by Christopher Rousby his
Attorney Cometh and defendeth the force and injury when &c and
Prayeth Liberty to imparle hereunto untill next Provinciall Court
and it is granted unto him the same day is given to the plantiffe
likewise
Now here att this day to witt the Two and Twentyeth day of
ffebruary in the sixth yeare of the Dominion of the Right hono^ble
Charles Lord Baltemore &c Annoq Domini 1680 Came the said
partyes by their Attorneys aforesaid, and the said Gerrard Slye
by his said Attorney sayth That hee y^e said John Machen his accon
aforesaid against him the said Gerrard ought not to have, because
hee sayth that at the time of the supposed takeing forceing and
Rescueing of the body of the said John Sanders out of the Custody
Of the said supposed Deputy of the said Sheriffe of Charles County
and Keeper of the said Jn^o Sanders To witt the said Tenth day of
June 1678. and for divers Moneths before & after Hee the said
Gerrard Slye was high Sheriffe of the said County of S^e Maryes,
And by vertue of a Certaine writt of Capias of the Right hono^ble the
Lord Prop^ry Issueing out of the Provinciall Court of this Province
at the suite of Thomas Simpson To him the said Sheriffe of
S^t Maryes County directed Comanding him to take the body of the
said John Sanders If found within his baliwick and him safely Keepe
soe as hee might have his body before the Justices of the said pro-
vinciall Court att a Court to bee held att the Citty of S^t Marys the
said Eleaventh day of June 1678 To answere unto the said Thomas
Simpson in a plea that hee should render unto him the sume of
ffoure thousand Eight hundred Twenty three pounds of Tobacco
w^ch to him hee did owe and unjustly detaine, Hee the said Gerrard
Slye did then Comand his Knowne & Sworne Officer Sam^ll Dobson
to Execute the same writt according to the Teno^r thereof, Who
accordingly the said Tenth day of June 1678 finding the said John
Sanders within his Baliwick To witt in S^t Maryes open ffeilds w^thin
the said County of S^t Maryes in Company of one Roger ffowkes
The same Roger being noe Knowne and Sworne Officer of the said
sheriffe of Charles County, nor had and shewed any Legall writt of

p. 313