398        Provincial Court Proceedings, 1683.

    Liber W. C. Daniel Lopdell of the said Sume of thirty five hundred pounds of
                tobacco in manner and forme aforesaid to deceive and defraud
                The said sume of ffive and thirty hundred weight of Neate tobacco
                aforesaid in forme aforesaid hath not delivered to the said James
                Congdon or any wayes payd and satisfyed the same Although often
                thereunto required but the same to the said James Congden accord
                ing to his promise and assumption aforesaid to pay and satisfy for
                the use of the said Daniel hath refused and Still doth refuse to the
                damage of the said Daniel Six Thousand pounds of tobacco, And
                thereupon he brings his suite
                 And the said Thomas Cooke by Kenelm Cheseldyn his Attorney
                cometh and defendeth the force and injury when &c. and prayeth
                liberty to imparle hereunto untill next Provinciali Court and it is
                granted unto him and the same day is given to the plt likewise
                 Now here at this day (to wit the) fourth day of July in the
                Eighth yeare of the Dominion of the Right honoble Charles Lord
                Baltemore &c. Annoq Doni 1683 came the said partyes by their
                Attorneys aforesaid. And the said Thomas Cooke by his said Attor
                ney sayth that he did not assume upon himself in manner and forme
                as the sd Daniel Lopdell in his Declaration hath declared against
                him And of this he puts himself upon the Country
                 And the said Daniel Lopdeli by Griffith Jones his Attorney for
                Replication to the defts plea sayth That the said deft did assume
                and promise in manner and forme as in the sd pits Declaracon is
                Sett forth and this he is ready to averr And prove And this he
                prayes may be Enquired of by the Country, And the defendant
                likewise
                 Itt is therefore comanded the sheriffe of st Maries County
                that he Cause to come here twelve &c. by whome &c. and who
                neither &c. to recognize &c. because aswell &c.
                 On wch said fourth day of July in the yeare aforesaid Came the
                said partyes by their Attorneys aforesaid And the Jurors Impan
         p. 721 nelled being called likewise came (to wit) Philip Lynes Richard
                Keene John Hungerford Richard Royston John Power Samuel
                Dobson, John Wilkenson Thomas Stonestreet, James Phillips
                Stephen Murty Dennis Hurley and Hugh Hopewell Who being
                elected tryed and sworne to say the truth in the premisses (and the
                said Daniel Lopdell though solemnly called appeared not) Upon
                their oathes doe say That the said Thomas Cooke did not assume
                upon himself nor to ye said Daniel Lopdell make such promise as
                the said Daniel hath above declared against him Itt is therefore
                Considered by the Court here that the said Daniel Lopdell take
                nothing by his writ aforesaid but be in mercy for his false clayme
                therein, and that the said Thomas Cooke goe from thence without
                day, and that the said Thomas Cooke Recover against the said
                Daniel Lopdell the Surne of One thousand & sixteene pounds of