Provincial Court Proceedings, 1681. 97

      same to pay hath denyed & still doth denye, Whereupon the said Liber W. C.
      Thomas sayth that he is Damnified and hath Losse to the Vallue of
      ffoure Thousand pounds of Tobacco and thereupon he bringeth his
      suite
      And the said Garret Vanswearingen by Robert Carvile his At
      torney cometh & defendeth the force and Injury when &c and Pray
      eth Liberty to Imparle hereunto untill next Provinciall Court and
      it is granted unto him the same Day is given to the plt likewise
      Now here at this Day to wit the Eighteenth day of November
      in the sixth yeare of the Dominion of the Rtt honoble Charles Lord
      Baltemore &ca Annoq Doni. 1681 Came the said partyes by their
      Attorneys aforesaid, & the said Garret Vanswearingen by his said
      Attorney prayeth Judgment of the writ aforesaid wth bears Date
      the Third day of October 1681 & was Returnable the fourth day of
      the same Month, and it appeareth in and by the DeclaracOn of the
      said Thomas that the Two thousand one hundred and Twelve pounds
      of Tobacco in the said writ mentioned was not payable untill the
      Tenth day of the same Moneth of October, Soe that the Originall
      writ of the said Thomas was purchased before the said Thomas had
      any Cause of accon against the said Gerrard and this he is ready to
      verify, Whereupon he prayes Judgment of the said writ and that
      the same may abate &c Whereupon the said plt refuseth to make any
      further prosecucon against the said Deft in the plea aforesaid,
      Therefore Itt is Considered that the aforesaid writ of the aforesaid
      plt in forme aforesaid obtained be abated & that the said pIt take
      nothing thereby but be in mercy for his false claime thereupon, and
      that the said Garret Vanswearingen goe thereof without day, and
      that the said Garret Vanswearingen Recover against the said Thomas
      Sprigg the Sume of seaven hundred thirty one pounds of tobacco
      for his Costs and Charges by him about his Defence in this behalfe
      Laid out & Expended & the said Garret may have thereof Execucon


      William Drope & Thomas Ellies John Barnes late of Dorchestr
         agt               County Inn holder Otherwise
      John Barnes Called John Barnes of the Citty
             of st Maryes in the Province of
      Maryland was sumoned to answere unto William Drope and Thomas
      Ellies of London Marchants of a plea that he Render unto them the
      full sume and just Quantity of Three thousand Nine hundred and
      seaventeene pounds of good Sound Marchantable Tobacco & Caske
      wch to them he oweth & unjustly detaineth &c:
      And whereupon the said William Drope and Thomas Ellies by
      George Parker their Attorney say That Whereas the said John
      Barnes Upon the foure and Twentyeth day of July Anno Doni. One
      thousand six hundred seaventy eight By his Certaine bill or writeing
      obligatory sealed with the seale of him the said John Barnes, and