Provincial Court Proceedings, 1681.     103

     lings and one Mare being the prop Chattles of the said John English,     Liber W. C.
     and them unjustly Detained against suretyes and pledges &ca
     And Whereupon the said Edmond by Kenelm Cheseidyn his At
     torney complaineth that the said Joseph spernon and William sinclare
     the fifteenth day of November in ye yeare of our Lord 168o at the
     plantacon of him the said John English in Cecill County tooke the
     said two Cowes Two Heifers Two yearlings & one Mare & them
     unjustly detained against Suretyes & pledges &c. Whereupon the said
     Edmond sayth he is the worse & hath damage to the vallue of Tenn
     thousand pounds of Tobacco, and thereupon he bringeth his suite
     And the said Joseph Spernon and William Sinclare by Robert
     Ridgely their Attorney come and defend the force and Injury when          p. 485
     &c and prayeth Liberty to Imparie hereunto untill next Provinciall
     Court and it is granted unto them the same Day is given to the plt
     Likewise
     Now here at this Day to wit the Nineteenth day of November
     in the Sixth yeare of the Dominion of the Right Honoble Charles
     Lord Baltemore &c Annoq Doni 1681 Came the said partyes by their
     Attorneys aforesd and the said Joseph Spernon and Wm Sinclare
     by their said Attorney Say, as to the takeing and detaining the Two
     Cowes Two heifers Two yearlings and one Mare in the writ and
     Declaracon aforesaid mentioned The said Joseph and William pray
     Judgment of the writ aforesaid because they say that the same is a
     writ of replevin, and noe writ of replevin can by law lye for any
     other matter or thing then what was first Distreyned and Impounded,
     & the said Cowes Heifers yearlings and Mare were never distreyned
     or Impownded, and this they are ready to averre & therefore Demands
     Judgment of that writ Whereupon the said plantiffe refuseth to
     make any farther psecucon against the said defts in the plea afore
     said Therefore Itt is Considered by the Court here that the said
     plantiffe take nothing by his writ aforesaid but be in mercy for his
     false Claime thereon, and that the said Defendants may goe thereof
     without day, and that the said Joseph Spernon and William Sin
     cklar Recover against the said Edmond Cantwell Admr as aforesaid
     the sume of Nine hundred and thirty pounds of Tobacco for their
     costs and charges by them about their defence in this behalfe Layd
     out and expended

     November the 17th 1681
       Allowed to John Darnall Justinian Gerrard, James Greene and
     Vincent Mans feild for their comeing going and attendance foure
     Courts and every Court five dayes being Twenty dayes apeice, To
     Tesfy for Richard ffenwick against Gerrard Slye, web att Thirty
     pounds of tobacco p day amounts to f or each of them the sume of
     six hundred pounds of Tobacco:

     Novembr ye 19th 1681
       Allowed to Darby Dunavan & James Ellis for comeing goeing and