Provincial Court Proceedings, 1679/80. 377

the Twentyeth day of Aprill 1679 was Master of the good shipp
called the Maryland Marchant, then Rideing att Anchor in st Georges
River in s^t Maryes County, in w^ch shipp the said Marke had Con-
cernes of ffraight, Hee the said John ffisher being then in greate
want of an Anchor for a Sloope or Longboate to the said Shipp
belonging Did desire the assistance of the said Marke to procure
for him the said John ffisher an Anchor for the said sloope or
Longboate, And in Consideracon that the said Marke att the speciall
instance and request of him the said John ffisher would procure for
him the said John an Anchor as aforesaid, hee the said John Did
then and there assume upon himself and to the said Marke faith-
fully promise, That hee the said John ffisher would returne the said
Anchor againe safe and sound & make satisfaccon for the Loane
thereof what should bee reasonable, or in case the same Anchor
should bee lost or Damnifyed to satisfy and pay unto the pty of
whome the said Marke should procure the same, what the same
should bee reasonably worth And the said Marke in fact sayth
that accordingly the said Marke did pcure for him the said John
ffisher of one Gilbert Turbervile of the said County a good Sub-
stanciall Anchor for the purpose aforesaid, And the said John
ffisher in the begining of the Moneth of May following received
the same from the said Gilbert Turbervile and imployed the same
in the Service of him and the shipp aforesaid for Some time,
and not long after the said Anchor, by the negligence or Care-
lesnesse of the said John ffisher or his seamen was lost and soe the
said Marke became lyable to make satisfaccon for the same accord-
ing to the vallue thereof, And the said Marke further in fact sayth
That hee the said Marke did pay unto the said Gilbert Turbervile
the Sume of Two pounds ffifteene Shillings Stert for the said
Anchor. & Notwstanding the said Marke hath often demanded of
the said John ffisher to repay him the said Marke the said sume of
Two pounds ffifteene shillings Sterling soe by him payd as afore-
said Yet the said John hath not hitherto paid the same but doth
denye and refuse to pay the same according to his promise & assump-
tion aforesaid, Whereupon the said Marke sayth hee is damnifyed
& hath losse to the vallue of Sixteene hundred pounds of Tobacco,
And thereupon hee bringeth his suite

Liber W. C.

And the said John ffisher by Kenelm Cheseldyn his Attorney com-
eth & Defendeth the force and injury when &c and prayeth Liberty
to imparle hereunto untill next Provinciall Court and itt is granted
unto him the same day is given to the Plantiffe likewise
Att w^ch said next Provinciall Court (to witt) the one and Twenty-
eth day of ffebruary in the sixth yeare of the Dominion of the
Right Hono^ble Charles Lord Baltemore &c Annoq? Dominj 1680
came the said partyes by their Attorneys aforesaid, and the said
John ffisher by his said Attorney sayth That the said Marke his

p. 346