MARYLAND COURT OF APPEALS 61

Laurence Barr" Secry; Col^o George Robotham; Col Charles Hutchins;
Thomas Brook and James Frisby, Esq^r.

ANN ARUNDELL Co: COURT ss. Att a Court of the R^t Hon^ole Charles
Absolute Lord and Proprietary of the Provinces of Maryland and Avalon and
held for the County of Annarundell att the house of M^r Rob^t Proctor att
Annarundell Town on the Eleaventh day of August in the io^th year of his
L^dShips Dominion Annoque Dni i6[g]5 by his L^dps Justices thereunto Au-
thorized and Appointed on the af^d n^th day

Were present: The Honble Col Thomas Tayler Council; Maj^r Thomas
Francis; Maj^r Nicholas Gassaway; Cap^t Edward Burgess; Cap* Edward Dor-
sey; M^r Henry Constable; M^r Rich^d Board; M^r Henry Ridgley, Just

Thomas Tench pit ag^t William Hopkins deP

Command was Given unto the Sherriffe of Annarundell County to take
William Hopkins late of Annarundell County planter So that he have his
body before his L^dps Justices att a Court to be held att Ann arundell Town
on the Second Tuesday in August Next which Said Writt was Dated the 13^th
day of July 1685 to Answer unto Thomas Tench in a plea of Trespass upon
the Case.

[92] Att which Said day the def^t by Thomas Bland his Attorney Appeared
and Imparled till Next Court which day to him is given and to the pit Like-
wise (to witt) the 8^th day of Sep¹ 1685 att w^ob Said Day the pit by George
Parker his Attorney humbly Moved the Court here that the Said Cause might
be Continued untill the Second Tuesday in November next following be-
cause he had not time to put in his replication the def^u plea being but then
filed Which Said day to him was given and to the def^t Likewise.

On which Said Day the pit declares as followeth Viz^t

William Hopkins late of Ann arundell County planter was attatched to
Answer unto Thomas Tench in a plea of Trespass upon the Case.

And whereupon the Said Thomas Tench by George Parker his Attor-
ney Complaineth that whereas the Said William Hopkins the one and Twen-
tieth day of October 1684 in Consideration that the Said Thomas Tench
being a Merch^t would Bargain Sell and Deliver to him the Said William
Hopkins Diverse Goods Wares and Merchandizes att Sundry Rates and prizes
in Tobbacco and also would give Creditt to Severall persons for Severall
Sums of Tobb^a a particular of all which is here in Court produced Amount-
ing to the Summe of five Thousand Six hundred and Twenty pounds of
Tobbacco the Said William Hopkins did Assume upon himselfe and to the
Said Thomas did faithfully promise that he the Said William When there-
unto required the Said Summe of five Thousand Six hundred and Twenty
pounds of Tobbacco would well and truly Content and pay and the Said
Thomas Tench in fact Saith that trusting to the faithfull Promise and As-