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plea that he Render unto them or Either of them for the account of
M"' W" Bullock of the Citty of Bristol Marchant the full & Just
sume of Ten hundred thirty foure pounds of good Marchantable
Tobacco and Casque to conteine y'' same w'^'' to them he oweth &
from them unjustly Deteynes.



Provincial Court Proceedings, i6j^. 171

And whereupon they the said Henry Hosier and John Staynes Liber M M
by George Parker their Attorney say that whereas the said flfrancis
Kilborne the fourth day of May in the yeare of our Lord 1670
by his certeine bill or writing obligatory sealed with the seale of the
said flfrancis and here in Co" pduced whose date is the day and yeare
first abovewritten did binde himself his heires Executo" Adm''^ or
assignes to pay or cause to be payd unto Henry Hosier and John
Staynes of the Citty of Bristol Marchants or either of them or
Either of their heires Executo" Adm" or assignes for the accompt
of M'' William Bullen of the Citty of Bristol Marchant at or before
the Tenth day of October next Ensueing the date thereof the full &
Just sume of Tenn hundred thirty foure pounds of good Mar-
chantable Tobacco and Casque to Conteine the same within halfe a p. 107
mile of some Convenient Landing place of the Clifts, The valine
of w'^'' said Tobacco is already Received in goods Notwithstanding
the said ffrancis the said sume of Tenn hundred thirty foure pounds
of Tobacco to them the said Henry and John or to either of them
hath not payd though often required but the same to pay hath Re-
fused and still doth Refuse, whereupon they say they are Damnifyed
and have losse to the value of fifteene hundred pounds of Tobacco,
and thereupon they bring their suite

And the said ffrancis by Robert Carvile his Attorney cometh and
Defendeth the force and injury when &c and as to six hundred and
Twelve pounds of Tob pt of the said Debt of One Thowsand thirty
foure pounds of Tobacco the said Robert sayes nothing in Debarring
the said Henry of Judgm' for the same agt the said ffrancis by w'^''
the said Henry Remaineth ag' the said ffrancis thereupon undefended
Therefore it is Considered by the Co''' here that the said Henry have
Judgem' for the said six hundred and Twelve pounds of Tobacco
debt and One hundred Seaventy & Two pounds of Tobacco costs of
suite, and the said ffrancis in mercy &^



John Morecroft

ag'
Hugh Oneale
John Cooper

ag'
Mary Pine
Thomas Gannt

ag'
ffrancis Gunby &^
Mathew Smith



In these three Causes the Seu''all p'^ Gave the
Respective Defend'^ Rule to plead by Thursday
morning or Judg' to be awarded ag' them by
Default, the said Defend'^ put in their seu''all
pleas in time wherefore the said Causes are con-
tinued untill the next Co^'.



Richard Moyl John Eason late of Talbot County otherwise called

^g' Hohn Eason of the County of Talbot in the Province

John Eason J of Maryland gentt was sunioned to answere unto



172 Provincial Court Proceedings, 16 j 2.

Liber MM Richard Moy of a plea that he Render unto him five

hundred thirty and five pounds of Tobacco w*^"^ to
him he oweth and unjustly Deteineth &c

And whereupon the said Richard by Robert Carvile his Attorney
saith that whereas the said John Eason the Twelveth day of Apr ill
1672 by his bill obligatory sealed with the scale of the said John
Eason and here in Co"'' pduced, whose date is the day and yeare
abovesd did acknowledge himself to be holden and firmly bounden
unto the said Richard Moy in the Just & full sume of five hundred
thirty & five pounds of good sound Marchantable Tobacco and Casque
to be payd to the said Richard upon Demaund in some Convenient
place in the County aforesayd Yet notwithstanding the said John
though often thereunto Required the said sume of five hundred
thirty five pounds of Tobacco to him the said Richard hath not hitherto
payd but the same to pay doth Deny & Refuse whereupon he saith
he is Damnifyed and hath losse to the valine of One Thowsand
pounds of Tobacco and thereupon he bringeth his suite.

And the said John Eason by Vincent Low his Attorney cometh
p. 108 and Defendeth y' force and injury when &c & prayeth liberty of
Speaking thereunto untill the first day of the next Provincial Co''
and the same day is given to both ptyes.

At w"^*" day that is to say the twelveth day of November in the
42* yeare of the Dominion of Caecilius &c Annocp Domini 1673.
came the aforesayd Richard Moy by Robert Carvile his Attorney
and offered himself ag' the said John Eason of and upon the p''mises
and the said John Eason came not but made default wherefore it is
considered by the Co''' here that the said John Eason have Judgem'
awarded ag' him by Default and that the said Richard Moy Recover
ag' the said John Eason aswell the said sume of five hundred and
thirty five pounds of Tobacco his debt aforesayd as also the sume
of two hundred ninty and nine pounds of Tobacco for his costs and
Charges in this behalf e Expended and the said John in mercy &c

Job Walton ] John Brookes late of Dorchester County otherwise
ag' f-called John Brookes of Dorset County in the Prov-

John Brookes J ince of Maryland Chirurgion was sumoned to answere
unto Job Walton of a plea that he Rend*" unto him
1730' Tob w"^*" to him he oweth & unjustly De-
teineth &c
And whereupon the said Job by John Morecroft his Attorney
saith that whereas the said John the iq"" day of December in the
yeare 1670 by his certeine bill obligatory sealed with the scale of
the said John w"^*" the said Job here in Co''' bringeth whose date is
y' same day and yeare aforesayd did binde himself his heirs Ex-
ecuto"^^ & Adm"^^ to pay or cause to be payd to the aforesaid Job
Walton his heires Executo''^ Adm''' or assignes the full and Just



Provincial Court Proceedings, 16/ ^. 173

sume of Seaventeene hundred & thirty pounds of good sound Mar- Liber MM
chant [able] leafe Tobacco in Casque due to be pd upon Demaund
with Conveniency in Dorset County Notw"'standing the aforesd John
though often thereunto Required to wit the day of the said

sume of Seaventeene hundred & thirty pounds of Tobacco to the
sd Job he hath not as yet pd but the same hitherto hath Denyed to
pay and as yet denyeth whereupon he saith he is Damnifyed and
hath losse to the valine of three Thowsand pounds of Tobacco and
thereupon he bringeth his suite.

And the said John Brookes by Robert Carvile his Attorney cometh
and defendeth the force & injury when &c and as to the said Debt
of seaventeene hundred & thirty pounds of Tobacco the said Robert
sayeth nothing in Debarring the said Job of Judgm' for the same
ag' the said John Brookes by w'^'' the said Job remaineth ag' the
said John thereupon undefended, wherefore it is considered by the
Co" here that the said Job Walton Recover ag' the said John Brookes
aswell the said sum of Seaventeene hundred and thirty pounds of
Tobacco his Debt aforesayd as also the sume of
pounds of Tobacco for his costs and Charges in this behalfe Ex-
pended and the said John in mercy &c

Arnold Elzey 1 The p" having filed no Declaration the Defend'
ag' /-craved a non suite wherefore ordered by the Co'"'

Richard WhitteyJ that a non suite be awarded ag' him It is there-
fore considered here that the said Richard Whittey Recover ag' the
said Arnold Elzey the sum of pounds of Tobacco

for his costs and Charges in this behalfe causelesly Expended and
that the said Arnold take no benefit by his said writ and that the said
Richard goe thereof w"'out day and that the said Arnold be in
mercy for his false complaint.

Garrat Vanswearingen 1 Henry Mitchell late of Calvert County p. 109

ag' j-otherwise called Henry Mitchell of Calvert

Henry Mitchell J County planter was sumoned to answere

unto Garrat Vansweringen Adm'' of y'=
goods & Chattells of W"" Thelowell deceased
in a plea that he rend"" unto him the sume
of 1200' of Tob w'^'' from him he unjustly
Deteineth
And whereupon the said Garrat Vansweringen by Kenelm Chisel-
dine his Attorney saith that whereas the said Henry upon the 26"^
day of December in the yeare of our Lord 1668 did by his certeine
writing obligatory Sealed with the Scale of the said Henry here in
Co''' pduced whose date is the same day and yeare abovewrittcn did
binde himself his heires Executo''^ Adm" or assignes to pay or cause
to be payd unto the said William Thelowell of the same County in



174 Provincial Court Proceedings, i6/^.

Liber MM Patuxent the full and Just Sume of Twelve hundred pounds of good
Marchantable Tobacco in Casque to be payd unto the said William
his heires Executo''* Administrato" or assignes at or upon the Tenth
day of October next Ensueing, Notwithstanding w'' the said Henry
Mitchell the said sume of Twelve hundred pounds of Tobacco to
him the said William in his life time nor to him the said Gar rat to
whom Admcon of all and singuler the goods and Chattells w'^'' were
the said Williams at the time of his death since his death hath beene
committed hath not payd according to the Teno' of the said bill
though often thereunto required but the same to pay hath Denyed
and yet doth altogether Deny to the Damage of the said Garrat
2000* Tob and thereupon he bringeth his suite and the said Garrat
bringeth here in Co" the Letters of Admcon to him graunted of all
and singuler the goods and Chattells which were the said Williams
at the time of his Death since his death to him comitted that it may
appeare to the Co" here that he is Adm'' & hath Admcon thereof.

And the said Henry Mitchell by Vincent Lowe his Attorney doth
come & Defend the force & injury when &c and prayeth liberty of
Speaking thereunto untill the first day of the next Provincial Co"
and the same day is given to both ptyes.

At w* day that is to say the Twelveth day of November in the
42"" yeare of y*^ Dominion of Caecilius &c Annotj Domini 1673.
came the aforesayd Garrat by Kenelm Chiseldine his Attorney and
offered himself ag' y^ sd Henry of & upon the p''mises and the said
Henry appeared not but made Default whefore it is Considered
by the Co" here that the said Garrat Vanswearingen Recover ag'
y" sd Henry Mitchell aswell the said sume of Twelve hundred pounds
of Tobacco as also y^ sume of three hundred and eight pounds of
Tobacco for his costs & Charges in this behalf e Expended & the said
Henry in mercy &c.



Edward ffitzherbertl

ag' \^

James Lewis J



t I this Cause was Discontinued for want of prose-

f cution.



Thomas Mathewes ] Thomas Mathewes complaineth ag' Thomas
ag' ^Wynn Cryer of the provincial Co" in a plea

Thomas Wynn J of Debt according to the libertyes & privi-
ledges &c
And whereupon the said Thomas Mathewes by Kenelm Chisel-
dine his Attorney saith that whereas the said Thomas Wynn the
p. no 14"" day of ffebruary in y*^ yeare 1673. by his certeine writing obliga-
tory sealed with the scale of the said Thomas and here in Court
produced whose date is the day and yeare abovewritten did binde
himself his heires Executo" Adm" or assignes to pay or Cause to
be payd to the said Thomas Mathewes the full and Just sume of
three thowsand foure hundred & fifty two pounds of good Mar-



Provincial Court Proceedings, i6/^.



175



chantable Tobacco to be payd upon all Demaunds after the lo"" Liber MM
day of October next Ensueing the date thereof at some Convenient
place in St Maryes County, Notwithstanding w'^'' the said Thomas
Wynn though often thereunto Required the said sume of three
Thowsand foure hundred fifty two pounds of Tobacco according
to the Teno"' of the said writing hath not payd but the same to pay
altogether Denyes to the Damage of the said Thomas Mathewes
4000* Tob. & thereupon he bringeth his suite.

And the said Thomas Wynn by Samuell Cressy his Attorney
Cometh & Defendeth the force & injury when &c and the said Samuell
saith that as to the said Debt of three thowsand foure hundred fifty
two pounds of Tobacco he is not informed by the said Thomas his
Client of any answere to be made thereunto, wherefore it is con-
sidered by the Co'' here that as to the said three thowsand foure
hundred fifty two pounds of Tobacco the said Thomas Mathewes
Remaine ag' y^ sd Thomas Wynn wholy undefend[ed] and that the
said Thomas Mathewes Recover the same ag' the said Thomas Wynn
as also the sume of pounds of Tobacco for his

costs & Charges in this behalf e Expended & the said Thomas Wynn
in mercy &c.



Joseph Sumner

ag' r

Tho Long J

Ralph Rallighs

ag'
Thomas Beach
Samuell Winslow

ag'
John Bowles
The same 1

ag'
The same J
The same

ag'
The same
W" Barret

ag'
Tho Howell & ux
W-" Wheately 1

ag'
The same



The Respective Defend'^ appeare by their seu''all
■Attorneys & imple untill the next Provincial
Co^'.



John demons

1 rr*



The Sheriff having Retorned a Cepi, and y" Deft p. m
not appearing by himself or Attorney it is by the
John Roadway J Co'^'ordered the sheriff bring him next Co''' or be
amerced 40^.



176



Provincial Court Proceedings, i6y^.



Liber M M Demetrius Cartwright
ag'
John Brookes



►The same.



The Seu''all Defend'^ appeare by their
■Respective Attorneys and imple untill
the next Provincial Co'''.



John England & Tho Jones]

ag«
Randall Revell
Roger Baker 1

Richard LaddJ
Demetrius Cartwright 1
ag' \

Henry Kircoven J

John Ingram

ag'
George Cowley
Richard Edelen

ag'
James Thompson



Richard Moy 1 Curtis ffletcher late of St Maryes County otherwise
ag' >called Curtis ffletcher of the County of St Maryes

Curtis ffletcher J in the Province of Maryland gentt was sumoned to
answere unto Richard Moy of a plea that he Render
to him five thowsand three hundred & Seaven
pounds of Tobacco w"^*" to him he oweth and un-
justly Detenieth &c.
And whereupon the said Richard by Robert Carvile his Attorney
saith that whereas the said Curtis ffletcher the 14th day of March
in the yeare of our Lord 1672 by his certeine bill obligatory w"^*" the
said Richard with the scale of him the said ffletcher here in Court
produces whose date is the same day & yeare abovewritten did ac-
knowledge himself to be holden and firmly bound to the said Richard
Moy in the Just suihe or quantity of five Thowsand three hundred
and seaven pounds of good sound Marchantable Tobacco & Casque
to be payd to the said Richard Moy his heirs Execute" Adm''^ or
assignes in some Convenient place in the said County upon De-
maund, To the which paym' well & truly to be made he did binde
himself his heirs Executo''^ and Adm" by those p''sents Notwith-
standing the said Curtis though often Dematmded the said sume of
5307' Tob and Casque as aforesayd to him the said Richard hath
not as yet Rendred but the same hitherto he hath Denyed to pay and
yet doth Deny whereupon he saith he is Damnifyed and hath losse
to y"^ vallue of seaven Thowsand pounds of Tobacco & thereupon
he bringeth his suite.

And the said Curtis ffletcher in his pp pson cometh & Defendeth



Provincial Court Proceedings, 16/ j. 177

the force & Injury when &c and as to the said five thowsand three Liber M M
hundred & Seaven pounds of Tobacco the said Curtis in barre
thereof nothing saith wherefore the said Curtis ffletcher remaines p. 112
ag' the said Richard Moy for the same wholy undefended It is
therefore Considered by the Co"^' here that the said R"* Moy Recover
ag' the said Curtis ffletcher aswell the said surhe of five Thowsand
three hundred & Seaven pounds of Tobacco & Casque his debt
afors^ as also the sume of pounds of Tobacco for

his Costs and Charges in this behalf e Expended & the said Curtis
in mercy &c.

Richard Smith

ag'
W" Worgan J (The respective Defend'^ appeare by their Attor-
Tho Bland ] [ nyes & imple untill the next Provincial! Co''

ag'
Thomas Gannt

Thomas Mount fort 1 . ^„, n/rr t>. 1 r 1 -r^ r »

, I eject*"'. M"^ Eland appeares for the Defend &

q 11 M tf [y^ cause continued untill y' next Co'''.

Thomas Bowdle 1 The Sherifif having Retorned a Cepi and the De-
ag' Kend' not appearing by himself or Attorney or-

Walter Carre J dered the Sheriff be amerced unlesse he appeare
next Co'''.

Philip Shapleigh



ag'



John Steward J
The same



ag'



John Brookes J
Raymond Staple ford"

ag'
John Bailey



In these three Causes the Defend'^ appeare
by their Respective Attornyes & imple untill
the next Co'''



Elizabeth Hiccoks servant unto Edward Skydmore of Ann Arun-
dell County peticions this Co*^' that whereas she hath duly served
four yeares her time y' she was bound for to Cap' Harwood. who
was her first Master & sould her unto the said Skydmore yet the
said Skydmore doth utterly Refuse to set her free, the said Eliza-
beth pduces a Certificate from John Saladine Deputy Reg'' of an
office for Enrolling consents of servants in England & th[eir]
agreem'^ with their Masters und' the scale of the said office w^ does
certi[fye] that she & her first Master Harwood agreed that she



178 Provincial Court Proceedings, /d/j.

Liber MM should serve but fo[ure] yeares w'^^ is now Expired The Co"'' having
fully Examined the business doe adjudge that the said Elizabeth
Hiccocks is free and Doe Discharge her from further Service
to her sd M' and that her said Master pay her Corne & Clothes
accordingly.

p. 113 John Litchington]

Luke Gardner J I The Defend' in these Two actions appeares by his
The same 1 [attorney & imples untill the next Provincial Co""'.

ag' J

The same J

William Pritched of St Maryes County peticions this Co" that
whereas his father John Pritchard of St Georges by vertu of a
Patent bearing date y^ 7"" of Aprill 1654 as may upon Record
appeare in his life time possessed a parcell of land by the straytes
in St Georges Creeke conteyning & layd out for three hundred and
fifty acres more or lesse to w'^'^ sd Land yo'' pef humbly Craves y'
he may have yo'' Excttys writ of Mandamus whereby he may be
found heire to the said Tract of land, and in Reguard yo*" pef by
want of meanes is not otherwayes capacitated he humbly prayes he
may be admitted to prosecute his Claime informa pauperis

The Court was graciously pleased to graunt his Request, and
further doe assigne Kenelm Chiseldine one of the Attornyes of this
Court to be of Councell for y*" sd Pritcherd.

Richard Gibbs 1



William Bret
The same 1

The same |
The same

ag'
The same



The Def in these three Causes appeares by his At-
torney & imples untill y^ next Provincial Co"^.



Robert Dunn of Kent County gentt Guardian of William Vaughan
one of the Orphants of Robert Vaughan Deceased peticions this
Co''', that whereas he was by this Co"^' appointed Guardian to y^ sd
Orphant and also this Co" did ord'' that the said Orphants Estate
should be Delivered into the hands of y^ sd Dunn yet notwithstand-
ing Jeremiah Eaton of Kent County who married y' mother of the
said Orphant Deteines in his hands Tenn Thowsand pounds of
Tobacco bequeathed as a legacy by Majo"' Ingram Deceased to y'
sd Orphant & also foure head of Cattle belonging to ye sd Orphant



Provincial Court Proceedings, i6/^. 179

& w*^"" were left him by his father the sd Dunn Craves orcl'' of this Liber M M
Co''* for y^ same.

The Court taking the p''mises into their Serious Consideracon Doe
ord'' that the Com" of Kent County Doe Examine the busines, and
what they shall finde in the hands of the said Eaton belonging to the
sd Orphant that they see Delivered into the hands of the said Dunn,
and of their pceedings herein that they make Retorne to this Co".

Elizabeth Thompson servant unto James Lewis peticions this Co"^' p. 114
that she had Duly served her time & her Master refuses to set her
free.

The wife of y*^ sd Lewis appearing in Co" and having nothing to
offer to y^ contrary ordered that the sd Elizabeth be free & y' her
sd Master pay her freedome Corne & Clothes according to act of
Assembly in that case provided.

Walter Jefterys Servant unto James Lewis peticions this Co" that
he had Duly Served his time and his Master refuses to set him free.

The Court making Examinacon into the matter doe finde that the
said Jefferys hath absented himself from his Masters service and
Doe therefore adjudge him to serve y*^ sd Lewis or his assignes
seaven moneths from this day, and Doe also the sd Lewis provide
him sufficient Dyat & Clothes in the meane time

Thomas Prat of Ann Arundell County peticions this Co" that
whereas by vertu of a warrant of Resurvey he had Resurveyed for
him by George Yates Deputy Surveyo'' of the said County a Parcell of
land called Prats Choice, and the Certifficates of the said Yate of y*"
Resurvey of y* sd Land was by the said Yate Retorned to y^ office,
and by y"^ mistake of y'= sd Yates one line of y*^ sd Land was left out
of y^ sd Certifficate, as may appeare by another coppy of y^ sd
Certifficate und"' the hand of y'' sd Yates and to the peticion annexed,
he humbly prayes that the former Certifficate may be vacated upon
Record, and that the said Coppy to y*^ sd peticion annexed may be
Entred & that he may have Patent according to the same, w'^'" the
Co" ordered accordingly.

John Browne 1



George BeckwithJ
The same 1

ag' I

Thomas Gannt J
John Charlcsworth

ag'
Mathias Decosta



The Seu'^all Defend'^ appeare by their Respec-
tive Attornyes and imple untill y^ next Pro-
vincial Co'''.



i8o Provincial Court Proceedings, J 6/^.

Liber MM John Shankes 1 John Blakiston late of St Maryes County gentt was
ag' lattached to answere unto John Shanks wherefore

John BlackistonJ by force and Armes one Tract of land called by
the name of Langworth Pointe and Thomas Donnes Neck Con-
tey[ning] three hundred acres of land in St Maryes County w'^h
Nehemiah Blackiston and Elizabeth his wife to the said John
Shankes did Demise for a Terme w"^*" is not yet paste did Enter
and him ye sd John Shankes from his farme aforesayd did Eject
and other Enormitycs to him there did Doe to y' greate Damage of
him y^ sd John Shankes &c. Contrary to y^ peace &c.

And whereupon the said John Shankes by Kenelm Chiseldine his
Attorney Complaineth that whereas the said Nehemiah and Eliza-
beth his wife the sixth of June in the yeare of our Lxird 1672 had
p. IIS Demised to y* sd John Shankes y^ Tenem'^ aforesayd with the
appurtenances to have and to hould to the said John Shankes and
his assignes from the ffeaste of St Michael the Arch Angell last
past to the End and Terme of five yeares from thence next Ensueing
fully to be Compleate and Ended by vertu of w'^'' Demise the said
John Shankes into the Tenem'^ aforesayd w'*' y^ appurtenances did
Enter and was thereof possessed and so thereof being possessed the
said John Blackiston afterwards the said sixth day of July in the
40"" yeare of the Dominion of Caecilius &c aforesd into the Tenem'^
aforesayd with the appurtenances did enter with force and Armes
which the said Nehemiah and Elizabeth his wife to y^ said John
Shanks in forme aforesd had Demised for the Terme aforesayd
w'^'' is not yet past, and him the said John Shankes from his farme
aforesayd Did Eject and other Enormityes to him there did Doe
to the greate Damage of him the said John Shankes & Contrary to
the peace &c whereupon he saith he hath Damage and is the worse
to the valine of Twelve Thowsand pounds of Tobacco and thereupon
he bringeth his suite.

And the said John Blackiston by Robert Carvile his Attorney
Cometh & Defendeth the force & injury &c and doth in open Co"^'
acknowledge the service of the Declaration and thereupon it is this
day ordered by the assent of Kenelm Chiseldine Attorney for y*
p** and Robert Carvile Attorney for y*^ Defend' Edward Connery
that the said Edward shalbe admitted defend' who shall appeare
w"'out Delay by his Attorney aforesayd and shall Receive a Declara-
tion & shall pleade the gen'all issue thereunto this Co''' and to the
tryall thereof the said Edward to appeare in his proper pson or by
his Attorney and shall acknowledge the Demise Entry & actuall
Expulsion, or in Default thereof Judg' shalbe entred ag' y'' Defend'
John Blackiston Casuall Ejccto'' but any psecution ag' him shalbe
spared untill the said Edward shall make Default in the p''mises
And by the Consent of the Councell it is further ordered that the
said Edward shall take no advantage ag' the p"^ for his not



Provincial Court Proceedings, 16/^. 181

psecuting upon the tryall occasioned by his Default but the sd Liber MM
Edward shall pay to y"^ pft the Costs by the Co"^' to be taxed there-



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