Provincial Court Proceedings, 1683.     397

     st Maries County that he Cause to come here twelve &c. by whome           Liber W. C.
     &c. and Who neither &c. to recognize &c. because aswell &c
       On wch said thirtyeth day of June in the yeare aforesaid came
     the said partyes by their Attorneys aforesaid and the Jurors im
     pannelled being called likewise came (to wit) Robert Proctor
     Wm Rawles, Thomas Pyner. Thomas Joce, Thomas Wakefeild,
     Henry Reynolds, George Guest Samuel Holdsworth, Rice Williams,
     John Pincke, Richard Clowd and George Hodgeson Who being
     elected tryed and sworne to say the truth in the premisses Upon
     their Oathes doe Say That the said Richard Royston did assume
     and to the said Stephen Murty promise in manner and forme as the
     said stephen hath above declared against him and they assess the
     Damage of the said stephen to ffive thousand six hundred and ffifty
     pounds of tobacco, Itt is therefore Considered by the Court here
     that the said Stephen Murty recover against the said Richard
     Royston aswell the aforesaid sume of ffive thousand six hundred           p. 720
     and fifty pounds of tobacco damages by the Jurors aforesaid in
     forme aforesaid assessed as also the sume of One thousand two
     hundred and eighty one pounds of tobacco for Costs of Suite, And
     the said Defendant in mercy &c.


     Daniel Lopdell Thomas Cooke of Dorchester County Marchant
         agt stands attached to answere unto Daniel Lopdell of
   Thomas Cooke Deale in the Kingdome of England in a plea of
                trespasse upon the case
       And whereuon the said Daniel by Griffith Jones his Attorney
     comes & complaynes That whereas the said Thomas Cooke ye 27th
     day of January Anno Doni. 1681 ffor & in consideration that the
     said Thomas had then received of the said Daniel Lopdell the Sume
     of five pounds tenn shillings of Lawfull money of England at the
     said Towne of Deale aforesaid in the said Kingdome of England,
     The said Thomas Cooke did then and there upon himself Assume
     and to the said Daniel Lopdell faithfully promise to deliver unto
     James Congden at the arrivall of the shipp Experiment in Virginia
     Thirty five hundred weight of sound Marchantable Neate tobacco,
     the said tobacco to be delivered in hhds allowing Eighty two pounds
     for each hogshd, Within twenty dayes next after the arrivall of the
     said shipp Experiment in Petuxent River, And the said Daniel in
     fact sayth that the said shipp Experiment did make her then intended
     Voyage & arrived safely in Petuxent River the two and twentyeth
     day of May in the yeare of our Lord 1682. and hath continued
     Since the time mentioned twenty dayes and upwards in Petuxent
     River. and is still rideing at Anchor in the said River Nevertheless
     the sd Thomas Cooke his Said promise and Assumption aforesaid
     not regarding but fraudulently plotting and contriveing the said