Provincial Court Proceedings, 1683.     413

     Thomas Sikes Edward Mattacks late of Charles County Chirur- Liber W. C.
     agt gion was attached to answere unto Thomas Sikes 731
     Edward Mattacks in a plea of trespass of ye case
                    And Whereupon the said Thomas Sikes by
     Kenelm Cheseldyne his Attorney complaineth that Whereas One
     Samuel Sikes Kinsman of the said Thomas the Last day of Octobr
     Anno Doni 1681 did Languish of a Certaine infirmity comonly
     called the Noli me Tangere or the french pox, and being poore and
     unable to pay for a Cure for the Same, the Said Thomas Comis
     serateing his condition was charritably inclined and willing to doe
     the same for him, And thereupon afterwards to wit the first day of
     November in the yeare aforesaid the said Thomas haveing Con
     ferrence with the said Edward Maddox for and Concerning the
     cure of the Infirmity aforesaid the Said Edward (then and there
     affirmeing him self a Chirurgion and to be in the Chirurgions art
     Learned and skilfull) well and faithfully to cure the said Samuel
     sikes of the infirmity aforesaid and thereof to make whole and
     sound, The said Edward Maddox the day and yeare aforesaid In
     Consideration that the said Thomas Sikes at the speciali instance &
     request of him the said Edward Maddox would pay unto him the
     said Edward the sume of ffoure thousand pounds of tobacco and
     Lay him Two hundred and Twenty foot ifiowers with planke.
     The said Edward did assume upon himself and to the sd Thomas
     ffaithfully promise & warrant perfectly to cure and make whole
     and sound the sd Samuel Sikes of the said Infirmity called the Noli
     me Tangeri as aforesaid in due and Convenient time, and the said
     Thomas in fact sayth that he the said Thomas trusting to the faith-
     full promise and warrant of the said Edward Maddox of makeing
     a good and perfect Cure of the infirmity aforesaid Did pay unto
     him the said Edward the sume of ffoure thousand pounds of
     tobacco and Planck the Two hundred and twenty foot ffioores
     aforesaid, Notwithstanding wch the said Edward his promise and
     assumption aforesaid made not regarding but greedy of game and
     deviseing and fraudulently intending to defraud the said Thomas
     of the said ffoure thousand pounds of tobacco & layeing of the said
     two ffioores aforesaid hath not made according to his promise a
     perfect cure of the said Samuel Sikes of the Infirmity aforesaid
     but the said Samuel Sikes for two yeares hath detained in the cure
     with vaine perswasions inticements & assertions wch Costs greivous
     paines and troubles by the whole time aforesaid, and also by his
     negligence and inartifitiallity the said Infirmity is growne much
     worse and more difficult to be cured Whereupon the said Thomas
     sayth he is damnified and hath Losse to the vallue of Eight thou
     sand pounds of tobacco, And thereupon he bringeth his suite
       And the said Edward Maddox by Thomas Burford his Attorney
     cometh and Defendeth the force and Injury when &c. and prayeth