NOVEMBER, 1696 COURT 59

Thomas Prather, Henry Boteler and Thomas Davis to testify inter he and
William Powell: warrant etc. to Subpoena and Returne ut Supra. [Sumoned.]

James Moore Demands Subpoena for Thomas Taney to testify inter he and
William Stone: warrant etc. to Subpoena and returne ut Supra. [Sumoned.]

The aforesaid Docquett of writts and Subpoenas was Returned by.

Thomas Greenfeild Sheriffe.

Charles Lord Baltemore plantiffe: Benjamin Evans Defendant.

The plantiffe by Joshua Cecell his attorney Sues the Defendant in a plea of
Debt for two thowsand four hundred pounds of tobaccoe due by bond as by
bond filed Appeareth etc. And the Said Benjamin Evans in his proper person in
Custody of the Sheriffe Cometh and Defendeth the force and Injury when etc.
And Saith that he Cannot gainsay the action of the Said plantiffe nor but the
Said writeing Obligatory is the Deed of the Said Benjamin Evans nor but that
he oweth the Said two thowsand four hundred pounds of tobaccoe to the Said
Lord Baltemore in forme as the Said Lord Baltemore against him hath Declared
etc.

Therefore it is Considered that the Said Right Honourable Charles Lord Bar-
ron of Baltemore etc. Recover against the Said Benjamin Evans the Sume of two
thowsand four hundred pounds of tobaccoe his Debt aforesaid and his Damages
by Occation of Deteyning the Said Debt three hundred twenty and Eight pounds
of tobaccoe to the Said Right Honourable Charles Lord Barron of Baltemore etc.
of his Assent by the Court here Adjudged etc. and the Said Benjamin Evans in
mercy etc.

[57] Att Prince Georges County Court held att Charles Towne the twenty
fourth day of November in the Eight yeare of the Reigne of our Sovereigne
Lord William the third by the grace of God of England Scottland France and
Ireland King Defender of the Faith etc. Annoque Domini 1696 By his Majestys
Justices thereunto Appointed and Authorized (viz.)

Present. Mr. Thomas Hollyday, Mr. William Hutchinson, Mr. William Bar-
ton, Mr. David Small, Mr. Robert Tyler, Comisoners.

Then did the Court Imediately Adjourne to Mr. David Smalls Store house
by reason the new house Intended for a Church is Soe open that they Cannot
Sitt by reason of the hardness of the weather and there Imediatly Satt as fol-
loweth (viz.)

Present. Mr. Thomas Hollyday, Mr. William Hutchinson, Mr. William Bar-
ton, Mr. John Wighte, Mr. David Small, Mr. William Tanyhill, Mr. Robert
Tylor, Comisoners.

Allexander Ross Servant to Phillip Gittings Adjudged to be fifteen years of
age and to serve According to Act of Assembly etc.

James Paine Sonn of John Paine about Seaven year old by his Fathers Consent
is bound to serve Samuell Westley untill he arrives to twenty one years of Age
etc.

Benjamin Berry and Robert Wade being Sumoned to Appeare att this
Court to answer their Contempt in not appearing being upon a Jury when the
verdict was to be given in between Huggins and Bennett Last August Court but
the Said Berry and Wade giving a good Reason to the Court here in their proper
person was thereupon by the Court here dismist.