Provincial Court Proceedings, 1679/80. 355

him the said Sam^ll by the said high sheriffe to Receive of the said
Thomas Jones aforesaid, and by vertue of the said Power from the
said High Sheriffe did demand the same of the said Thomas Jones
for the use of the Hono^ble the Secretary aforesaid, Who Volun-
tarily and of his owne accord pay the same, And further Sayth
That hee the Said Sam^ll upon Receipt of the Same, did pay and
deliver the said Sume of ffoure hundred and foure pounds of
Tobacco to the High Sheriffe aforesaid upon the Accompt and for
the use of the Hono^ble the Secretary aforesaid, All w^ch the said
Samuel sayth hee did by a Legall Power as Servant and Deputy to
the high Sheriffe aforesaid, and without any fraude or deceipt in him
the said Sam^ll, without w^ch noe accon against him the said Samuell
Lyeth, and this hee is ready to averre and prayes Judgment why the
said Thomas his accon against him the said Sam^ll Ought to have
And the said Thomas sayth that hee from haveing his accon afore-
said against the said Samuel Dobson for the said foure hundred &
foure pounds of Tobacco ought not to bee barred, becawse hee
sayth that the said Samuel the said Sume of ffoure hundred & foure
pounds of Tobacco of him the said Thomas for the use of William
Calvert Esq Secretary of this Province did receive without any
order from the Said Secretary to doe the same, and the said secre-
tary any accompt thereof did not give, soe that the said Thomas of
the said Sume of ffoure hundred and foure pounds of Tobacco by
the said Samuel hath been defrauded, and his debt due to the said
Secretary (if any were) undischarged, and the said Samuel being
Servant or Deputy to the said Gerrard Slye late sheriffe of S^t Maryes
County at that time, shall not and ought not to debarre the said
Thomas from haveing his accon aforesaid against the said Samuel,
and this hee is ready to averre And thereupon demands Judgment
And the said Sam^ll sayth that for the reasons in the plea aforesaid
pleaded the said Thomas Ought to bee barred his accon aforesaid
agt him the said Sam^ll, and of this hee puts himself upon the
Country And the plantiffe likewise, Itt is therefore 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
On w^th said Thirtyeth day of November in the yeare aforesaid
came the said partyes by their Attorneys aforesaid, and the Jurors
Impannelled being Called likewise came (To witt) John Addison,
Gilbert Turbervile, John Hartwell, John Evans, Thomas Simpson,
Williams Watts Emanuel Ratliffe, Giles Wilison, Thomas Addams,
Thomas Beale, James Pencoate, Thomas Spinke, Who being elected
tryed and Sworne to say the truth in the premisses, Upon their oathes
doe Say (That for the Reasons in the aforesaid plea of the aforesaid
Deft in manner aforesaid pleaded, the aforesaid plantiffe his accon
aforesaid against the said deft ought not to have, but ought to bee

Liber W. C.
p. 324