Provincial Court Proceedings, 1683.     383

      James Jones 1 Joseph Eaton late of st Maries County Marriner was Liber W. C.
         agt attached to answere unto James Jones of a plea of
      Joseph Eaton J Trespasse upon the case
                 And whereupon the said James Jones by Anthony
      Underwood his Attorney Complaineth that whereas the said James
      the sixth day of June 1682 at St Georges in St Maries County In
      Consideration that the said James at the speciall instance and re
      quest of the said Joseph had Lett to hyre and delivered to the said
      Joseph a Certaine Servant of his the said James haveing with him
      seaverail goods and Chattles of the proper goods & Chattles of him
      the said James to the Vallue of Two thousand pounds of tobacco,
      the said servant to serve him the said Joseph in his Lawfull occa
      sions for a Certaine time between them then & there agreed on,
      The said Joseph in Consideracon thereof did assume upon himself
      and to the said James then and there did faithfully promise that he p. 710
      the said Joseph not onely the said servant with the goods and
      Chattles aforesaid to the said James at the expiration of the time
      aforesaid would give up and redeliver, but that he ye said Joseph
      for the service of the said servant according to the rate of thirty
      shillings p month to the said James would well and truly upon
      request Content & pay Nevertheless the said Joseph his promise and
      Assumption aforesaid not regarding but meaning and fraudulently
      intending him the said him the sd James in this behalfe Craftily and
      Subtilly to deceive and defraud, The said Joseph after the said
      Servant had served him the said Joseph for the space of thirty three
      dayes he the said Joseph the said Servant to parts unknowne to the
      said James did dispose and Eioyne Whereby the said James was
      put to greate charges and expences in procureing againe his said
      servant And the goods and Chattles aforesaid to the proper use and
      behoofe of him the said Joseph did convert and dispose Nor hath
      the said Joseph any waies satisfyed and payd ye said James the
      surne of three and thirty shillings wch according to the agreement
      aforesaid became due to the said James for the service of the said
      Servant Although he the said Joseph to doe the same by the said
      James hath beene thereunto required (that is to Say) the second
      day of May in the yeare aforesaid, but hath hitherto denyed and
      still doth refuse to the damage of the said James ffoure thousand
      pounds of tobacco And thereupon he bringeth his suite
        And the said Joseph Eaton by Robert Carvile his Attorney corn
      eth & defendeth the force and injury when &c. and prayeth Liberty
      to imparle hereunto untill next Provinciall Court and it is granted
      unto him, And the same day is given to the plt also
        Now here at this day (to wit) the thirtyeth day of June in the
      Eighth yeare of the Dominion of the Right honoble Charles Lord
      Balternore &c Annoq Domj 1683 Came the said ptijes by their
      Attorneys aforesaid And the said Joseph Eaton by his said Attor