Provincial Court Proceedings, 1681.     91

     his Damages Sustained by occasion of the premisses at thirty p Cent.       Liber W. C.
     amounting to the sume of seaven pounds nineteene shillings and six
     pence sterl. as also the sume of ffive hundred seaventy and six
     pounds of Tobacco for Costs of suite & the said Deft in Mercy &Ca

     Thomas Yeabesly Comand was given to the sheriffe of Maryes
         agt      County that he take Richard Gardiner late of

  Richard Gardiner  st Maryes County Gentl If he should be found
                  in his baliwick and him safe Keepe soe that he
     should have his body here the six and Twentyeth day of Aprill in
     the sixth yeare of Dominion of the Right honoble Charles Lord Ba!te
     more &c Annoq Doni 1681 to answere unto Thomas Yeabes!y of
     Plymouth in the Kingdome of England Marchant in a plea of Tres
     passe of the Case, On wch said six and Twentyeth day of Aprill in
     the yeare aforesaid Major William Boareman sheriffe of the County
     aforesd made Returne of the writ aforesaid that by vertue thereof
     he had taken the body of the said Richard Gardiner whose body
     he had ready at the time and place in the said writ required, And the
     said Richard Gardiner Came then by Robert Carvile his Attorney
     and appeared and Imparled untill next Court.
       Now here at this Day to wit the sixteenth day of November in
     the sixth yeare of ye Dominion of the Right honoble Charles Lord
     Baltemore &c. Annocp Doni. 1681 Came the said partyes by their
     Attorneys aforesaid and the said Thomas Yeabesly by his said At
     torney Refuseth to make any further prosecucon against the said
     Richard Gardiner in the plea aforesaid, Therefore It is Considered
     that the said Thomas Yeabesly take nothing by his writ aforesaid but
     be in Mercy for his false Claime thereupon and that the said Richard
     Gardiner goe thereof without Day, And that the said Richard Gardi-         p. 474
     ner Recover against the said Thomas Yeabesly the sume of seaven
     hundred and five pounds of Tobacco for his Costs and Charges by
     him about his Defence in this behalfe Laid out and expended, and
     the said Richard may have thereof Execucon:

     John Peirce Exr of Hugh Hartshorne late of st Maryes County
     John Peirce deceased was attached to answer unto John Peirce Exr
          agt       of the Last will and Testament of John Peirce
     Hugh Hartshorne decd in a plea of trespasse upon the case
                     And Whereupon the said John Peirce Exr
     as aforesaid by Kenelme Cheseldyne his Attorney complaineth that
     Whereas the said Hugh Hartshorne the sixteenth day of
     in the yeare of our Lord 1679 did Languish of a Certaine hurt or
     Lamenesse in one of his Leggs, as also of seaverall Distempers of
     body & the said John Peirce deceased being a profest Chirurgion &
     skilfull in the said art as also in the art of Phisick and for a Long
     time within this Province practised both of the same wth very good
     Sucesse, in Consideracon that the said John Pcirce would admin