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Cometh & defendeth the force and injury when &c and prayeth liberty
to imparle here untill next Court the same day is given to both parties.

Now here at this day Came the plaintiff and defendant by their
Attornyes aforesaid to wit the five and twentith day of Novem-
ber in the 44**^ yeare of the Dominion of Caecilius &c & the Said
Thomas Taylor Gent Saith that he is in nowise guilty of the trespas
p- 21 of assault battery and imprisonment by the Said Thomas Taylor
planter above against him and complained off and of this he putts
himself upon the Country and the plaintiff likewise Therefore it is
Comanded the Sheriff that he cause to come here twelve &c After-
wards to wit the Six & twentith day of November in the yeare afore-
said Came aswell the plaintiff & defendant by their Attornyes afore-
said and the jurors of that jury Came likewise to wit Henry Tripp
James Nuthall Edward Roe Richard Bayley George Marshall Walter
Hall David Holt Daniel Clocker W" King Joseph Edloe Thomas
Doxey and Ralph Blackball who being impannelled Summoned &
Sworne to Say the truth in the premisses upon their Oathes doe say
They find for the plaintiff But because it appeareth not to the Court
here what damages the plaintiff hath susteined by occasion of the
trespas assault battery & imprisonmn* aforesaid it is comanded the
jurors aforesaid that they diligently enquire thereof which said Jurors
upon their Oathes doe Say Wee the jurors doe find for the plaintiff
two thousand pounds of tobacco damages. Therefore it is Considered
by the Court here that the said Thomas Taylor planter recover
against the said Thomas Taylor Gent aswell the summe of two thou-
sand pounds of tobacco for his damages occasioned by the trespas
assault battery and imprisonm' aforesaid as also the sume of two
thousand five hundred fifty Six pounds of tobacco costs of Suite.



Provincial Court Proceedings, i6/§. 33

Thomas Taylor planter ] Thomas Taylor late of Dorchester County Liber N N

ag* ^Gent was attached to answer unto Thomas

Thomas Taylor Gent J Taylor planter in a plea wherefore by force

and amies the tobacco house of him the
Said Thomas Taylor planter in the County aforesaid did breake
and three hogesheads of tobacco then and there being of the proper
goods and Chattells of him the said Thomas Containeing neate
thirteene hundred and two pounds of tobacco did take and carry
away to the damage of the said Thomas and against the Peace &c.

And whereupon the Said Thomas Taylor planter by Kenelm
Cheseldyn his Attorny complaineth that whereas the Said Thomas
Taylor Gent the fiftenth day of March in the yeare One thousand six
hundred Seventy three with force & armes the tobacco house of him
the said Thomas Taylor planter in Dorchester County aforesaid did
breake & three hogesheads of tobacco containeing neate the summe
of thirteen hundred and two pounds of tobacco then & there being
of the proper goods and Chattels of him the said Thomas Taylor
planter did take and carry away to the damage of the Said Thomas
Taylor planter -the Summe of Seaven thousand pounds of tobacco
and thereupon he bringeth his Suite.

And the Said Thomas Taylor Gent by Robert Carvile his Attorny
Cometh & defendeth the force and injury when &c and prayeth liberty
of Speakeing hereunto untill the next Provinciall Court the same
day is given to both parties here.

Now here at this day to wit the Sixth & twentith day of November
in the foure & fortith yeare of the Dominion of Caecilius &c came
the said plaintiff and defendant by there Attornyes aforesaid & the
said defendant Saith that he is in no wise guilty of the trespas by the
said Thomas Taylor planter above against him complained off and
of this he putts himselfe upon the Country and the plaintiff likewise
Therefore it is Comanded the Sheriff that he cause to come here
twelve &c. Which said jurors likewise came to wit John Gittings
W™ Thomas Arthur Wright Peter Watts John Tant Richard
Meekins W" Hemsley W" Jones Jn° Brookes Jn° HoUins Henry
Turner & Henry Exon who being impannelled Sumoned and Sworne
to say the truth in the premisses upon their Oathes doe Say Wee
find for the plaintiff nine hundred forty two pounds of tobacco and
three hundred and fifty pounds of tobacco damages for two yeares
deteining of the said nine hundred forty two pounds of tobacco
Therefore it is Considered by the Court here that the said Thomas
Taylor planter recover against the said Thomas Taylor Gent the
summe of twelve hundred ninty two pounds of tobacco for his dam-
ages occasioned by this trespas aforesaid as also the Summe of two
thousand five hundred eighty Six pounds of tobacco for his Costs
and charges in this behalf e laid Out and expended and the said
Thomas Taylor Gent in mercy.



34 Provincial Court Proceedings, idy^.



Liber N N Richard Moy



P-22 a?'



fe



George Wells



George Wells late of Baltemore County otherwise
called George Wells of Baltemore County in the
Province of Maryland Gent was Sumoned to answer
unto Richard Moy of a plea that he render unto him
nine hundred and twenty pounds of tobacco which to him he oweth
and unjustly deteineth.

And whereupon the said Richard by Robert Carvile his Attorny
Saith that whereas the Said George upon the eighth day of October
in the yeare of Our Lord One thousand six hundred seventy two did
confesse and acknowledge himselfe to owe and stand indebted unto
the said Richard in the just and full quantity of nine hundred &
twenty pounds of good sound merchantable tobacco & caske to be
paid to the said Richard upon demand in Some convenient place in
the said County Yet notwithstanding the Said George the Said
Summe of nine hundred & twenty pounds of tobacco to him the said
Richard though often thereunto requested hath not paid or Satisfied
but the Same to pay hath hitherto denyed and Still doth deny and
refuse to the damage of the Said Richard twelve hundred pounds of
tobacco & thereupon he bringeth his suite.

And the Said George Wells by Kenelm Cheseldyn his Attorny
Cometh and defendeth the force and injury when &c and prayeth
liberty to imparle here untill the next Court & the Same day is given
to both parties. Now here at this day to wit the Six & twentith day
of November in the 44*'' yeare of the Dominion of Caecilius &c Came
the parties aforesaid by their Attornyes aforesaid and the Said
George Saith that as to three hundred fifty foure pounds of tobacco
part of the said Summe of nine hundred and twenty pounds of
tobacco he cannot gainsay for that he oweth the said Richard the
said summe of three hundred & fifty- foure pounds of tobacco in
manner and forme as the Said Richard hath above declared against
him Therefore it is considered by the Court here that the said Richard
Moy recover against the Said George Wells aswell the said Summe
of three hundred fifty foure pounds of tobacco the debt aforesaid as
also the summe of Six hundred thirty-five pounds of tobacco costs
of Suite.



Marke Cordea

ag*
Thomas Pearce



Thomas Pearce late of S* Maries County Planter
was attached to answer unto Marke Cordea in a plea
of trespas upon the case.

And whereupon the Said Marke by Kenelm
Cheseldyn his Attorny complaineth that whereas the Said Thomas
the twelfth day of April in the yeare One thousand Six hundred
Seventy three bought had and received of him the Said Marke divers
goods & merchandizes at divers dayes and times to wit from the
twelfth day of April in the yeare aforesaid untill the twelfth day of
July in the same yeare a particular whereof is here in Court produced



Provincial Court Proceedings, i6iS- 35

amounting in the whole to the summe of One thousand three hundred Liber N N
twenty five pounds of tobacco In consideration whereof the Said
Thomas Pearce did assume upon himself e and to the said Marke
did faithfully promise that he the said Thomas when thereunto re-
quired the said summe of One thousand three hundred twenty five
pounds of tobacco to him the said Marke would well and truly con-
tent & pay Notwithstanding which the said Thomas the said summe
of One thousand three hundred twenty five pounds of tobacco to
him the said Marke hath not paid according to his promise but the
same to pay hitherto hath & Still doth altogether deny to the damage
of him the Said Marke the summe of two thousand five hundred
pounds of tobacco & thereupon he bringeth his Suite.

And the Said Thomas by John Quigley his Attorny cometh and
defendeth the force and injury when &c and prayeth liberty to im-
parle here untill the next Provinciall Court the same day is given
to both parties.

Now here at this day to wit the Six and twentith day of November
in the 44''' yeare of the Dominion of Caecilius &c Came the said
Marke by his Attorny aforesaid and offered himselfe against the
Said Thomas in the plea aforesaid but the said Thomas Came not
but made default Therefore it is considered by the Court here that
the said Marke recover against the Said Thomas the Summe of
One thousand three hundred twenty five pounds of tobacco damages
occasioned by the trespas aforesaid as also the Summe of
pounds of tobacco costs of Suite.



Philemon Loyd

ag*
John Quigley



Memorandum that this present ninetenth day of
>fifebruary One thousand Six hundred Seventy foure
Came Philemon Loyd Gent by Robert Carvile his
Attorny and exhibiteth his certaine bill here in Court
against John Quigley One of the Attornyes of this Court present
here in Court in his proper person for that that is to say That the Said
John the Sixth day of June in the yeare of Our Lord One thousand
six hundred seventy foure by his certaine bill or writeing Obligatory
Sealed with the Scale of him the Said John and here in Court pro-
duced whose date is the day and yeare abovesaid did confesse him-
selfe to be holden and firmly bound unto the Philemon Loyd in the
full and just quantity of eight thousand pounds of good Sound
merchantable tobacco and caske to be paid to the Said Philemon in p. 23
Some convenient place in Talbott County upon the tenth day of
October then next ensueing Yet notwithstanding the Said John the
Said summe of eight thousand pounds of tobacco to him the said
Philemon though often requested hath not paid or Satisfied but the
Same to pay hath hitherto denyed and Still doth deny to the damage
of the Said Philemon twelve thousand pounds of tobacco and there-
upon he bringeth his suite.



36 Provincial Court Proceedings, 16/ j.

Liber N N And the said John by Kenelm Cheseldyn his Attorny cometh and
defendeth the force and injury when &c and prayeth liberty to imparle
here untill the next Provinciall Court the same day is given to both
parties.

Now here at this day to wit the six and twentith day of Novem-
ber in the 44th yeare of the Dominion of Caecilius &c Annocj Dom
One thousand six hundred seventy five Came the said Philemon by
his Attorny aforesaid and offered himselfe against the said John
in the plea aforesaid but the said John came not but made default
Therefore it is considered by the Court here that the said Philemon
Loyd recover against the said John Quigley aswell the summe of
eight thousand pounds of tobacco the debt aforesaid as also the
Summe of six hundred thirty five pounds of tobacco costs of suite.



John England &
Thomas Jones

ag'
ffrancis Wyne execuf
W" Marshall



ffrancis Wyne late of Charles County Execu-
tor of the last will and testament of William
Marshall deceased was attached to answer
unto John England and Thomas Jones of
Bristoll merchants in a plea of trespas upon
the case.
And whereupon the Said John and Thomas by Kenelm Cheseldyn
their Attorny Complaine that whereas the Said William Marshall
in his life time to wit the last day of May in the yeare One thousand
Six hundred Seventy two Stood indebted to them the said John and
Thomas the Summe of three hundred twenty two pounds of tobacco
In consideration whereof the Said W™ did assume upon himselfe
and to the Said John and Thomas did faithfully promise to pay unto
them their lawfuU Attorny their heirs executors administrators or
assignes or any or either of them the Summe of three hundred twenty
two pounds of tobacco in caske from of his owne Plantation at or
upon the tenth day of October next ensueing notwithstanding which
the said W™ Marshall in his life time nor the Said ffrancis Wyne
Since his death execut"^ of the last will and testament of the Said
W" though often thereunto required the Said sume of three hundred
twenty two pounds of tobacco to them the Said John and Thomas
hath not paid but the same to pay hitherto hath and Still doth alto-
gether deny to the damage of the Said John and Thomas the Summe
of twelve hundred pounds of tobacco & thereupon they bring their
Suite.

And the said ffrancis by Benj^ Rozer his Attorny cometh and
defendeth the force and injury when &c and prayeth liberty of
Speakeing hereunto untill the next Provinciall Court the same day
is given to both parties. Now here at this day to wit the Six and
twentith day of November in the 44* yeare of the Dominion of
Caecilius &c Came the said John & Thomas by their Attorny afore-
said and the Said ffrancis by his Attorny came likewise and the Said



Provincial Court Proceedings, 16/^. 37

ffrancis Saith that the Said John and Thomas their action against Liber N N
him ought not to have for that he alwayes was and Still is ready to
pay the Said three hundred twenty two pounds of tobacco and of
this he prayeth the judgm' of the Court and the Said John and
Thomas also, whereupon it is the judgment of the Court here that
a non suite be awarded against the plaintiffs and that the said ffrancis
recover against the said John England & Thomas Jones the Summe
of fourteen hundred forty foure pounds of tobacco costs of suite
and the Said John and Thomas in mercy for their false Claime.

Thomas Walker



ag'



W" King



William King late of Calvert County planter other-
-wise called W" King of the County of Cal-
vert Inholder was Summoned to answer Thomas
Walker of the County of Somersett Gent of a plea
that he render unto him the full & just Summe of thirteene hundred
eighty five pounds of good sound merchantable tobacco in caske
which to him he oweth & unjustly deteineth

And whereupon the Said Thomas Walker by Robert Ridgely his
Attorny Saith that whereas the Said W" King the thirtith day of
May One thousand Six hundred Seventy foure by his certaine write-
ing Obligatory Sealed with the Seale of him the Said William and P-24
here in Court produced whose date is the day and yeare aforesaid
did acknowledge himselfe to be holden and firmly indebted unto the
Said Thomas in the full and just Summe of thirteene hundred &
eighty five pounds of tobacco and caske to be paid to the Said
Thomas Walker or to his certaine Attorny his heirs executors adm"
or assignes upon demand at Some Convenient place in Patuxent
River To the which payment well & truly to be made the Said Wil-
liams did bind himselfe his heirs executors & adm" firmly by
those p''sents Yet the aforesaid W" King the Said Summe of thir-
teene hundred eighty five pounds of tobacco to him the Said
Thomas according to the tenor of the Said writeing Obligatory
though often demanded hath not paid but the same to pay hath
denyed and as yet doth deny whereupon the said Thomas Saith he is
damnified & hath lost to the value of fifteene hundred pounds of
tobacco and thereupon he bringeth his Suite.

Now here at this day to wit the Six and twentith day of November
in the 44th yeare of the Dominion of Caecilius &c Came the Said
W" King in his proper person and Saith nothing in barre or avoid-
ance of the action aforesaid of him the Said Thomas for that he
oweth unto the Said Thomas the said Summe of thirteene hundred
eighty five pounds of tobacco in manner and forme as the Said
Thomas hath above against him declared therefore it is considered
by the Court here That the Said Thomas recover against the said
W" the Said Summe of thirteene hundred eighty five pounds of
tobacco the debt aforesaid as also the summe of five hundred fifty
two pounds of tobacco costs of Suite.



38 Provincial Court Proceedings, 16^5.

Liber N N David Holt] The plaintiff in ffebruary Court last brings his action
ag' ^of Ejectment against the def in the name of Thomas

John Paty J Parsons plaintiff as feigned Lessee against John Lewis
def the casuall Ejector for the tryall of his Title with
the Said John Paty to a certaine messuage or Tenement & fifty acres
of land with the Orchard Garden & appurtenhcs to the same belong-
ing lyeing in S' Georges Hundred in S* Maries County On the east
side of the mouth of the Creeke called Wickliffes Creeke and bound-
ing On the north with a lyne drawne from a bite in the said Creeke
called Costines bite and extending East into the woods One hundred
and twenty pclies or thereabouts On the East with a meridian line
drawne from the said End of the former line South through the
woods till it intersects a paralell line drawne from a marsh called
Country Marsh and On the South with the said parralell and in
March last the pit delivered to Thomas Hopkins the Tenant in pos-
session of the said Lands by virtue of Some lease from the said
John Paty a coppy of the declaration in ejectment according to rule
of Court and accordingly the said John Paty the fourth day of May
last by Kenelm Cheseldyn his Attorny came & appeared and offered
himselfe to defend the title and to be putt in defendant thereupon
day was given to both the Said parties till the first day of the then
next Court to try the title between the said parties Att which Said
Court to wit the Six and twentith day of November in the 44* yeare
of the Dominion of Caecilius &c Annocg Dom One thousand six hun-
dred Seaventy five Came aswell the Said David Holt by Robert
Carvile his Attorny and offered himselfe against the said John Paty
for the tryall of the title aforesaid and the Said John Paty came
likewise by Kenelm Cheseldyn his Attorny and Said nothing in barre
of the Said action but offered himselfe ready to deliver up possession
to the Said David Holt Therefore it is granted that the said David
Holt against the said John Paty his possession of the houses Garden
Orchard and fifty acres of land aforesaid with the appurtenncs above
specified together with the summe of five hundred Fifty Six pounds
of tobacco costs of Suite. And therefore it is Comanded the Sheriff
of S' Maries County that to the said David Holt the said Sheriff
his full possession of the Messuage and premisses without delay to
him he give and how the Said precept is executed that the Said
Sheriff make it appeare here the eighth day of ffebruary next.

Charles Delaroch] Thomas Beale late of s' Maries County planter was
ag' f- attached to answer unto Charles Delaroch in a

Thomas Beale J plea of trespas upon the case.

And whereupon the Said Charles Delaroch by
Robert Ridgely his Attorny complaineth that whereas the Said
Thomas the 24* of November One thousand six hundred Seventy
three Stood indebted to the said Charles the Summe of eighteen
hundred Seventy and One pounds of tobacco being for tobacco paid



Provincial Court Proceedings, i6/^. 39

by the Order of the Said Thomas unto Severall persons and also for Liber N N
Hquors and other accomodations received at the house of him the
said Charles at divers dayes and times from the said foure & twentith
day of November in the yeare aforesaid vmtill the Sixtenth of Janu-
ary in the yeare of Our Lord One thousand six hundred Seventy p. 25
foure a particular vv^hereof is here in Court produced In consideration
v^fhereof the Said Thomas Beale did assume upon himselfe and to
the said Charles did faithfully promise that he the Said Thomas the
said Summe of Eighteen hundred Seventy One pounds of tobacco
to him the Said Charles when thereunto required would well & truly
content & pay notwithstanding which the Said Thomas the said
summe of Eighteen hundred Seventy One pounds of tobacco to him
the Said Charles according to his promise hath not paid though often
thereunto require but the same to pay hath & Still doth deny to the
damage of the said Charles three thousand pounds of tobacco and
thereupon he bringeth his suite

And the said Thomas by Kenelm Cheseldyn his Attorny cometh
and defendeth the force and injury when &c & prayeth liberty to
imparle here untill next Court the Same day is given to both parties.

Now here at this day to wit the Six and twentith day of November
in the foure and fortith yeare of the Dominion of Caecilius &c Annocj
Dom One thousand Six hundred Seventy five came the said
Charles by his Attorny aforesaid but the said Thomas Came not but
made default Therefore it is granted by the Court here that the said
Charles recover against the said Thomas Beale aswell the Summe
of eighteen hundred Seventy One pounds of tobacco damages occa-
sioned by the trespas aforesaid as also the summe of five hundred
forty eight pounds of tobacco costs of Suite.



James Neale

ag'
Hugh O Neale



-"to'



Comand was given to the Sheriff of Charles County
that he take Hugh O Neale late of his County Gent
if he should be found in his Bailiwick & him safe
Keepe So that he have his body here the Sixtenth
day of November in the 44th yeare of the Dominion of Caecilius &c
to answer unto James Neale in a plea that he hold Covenant with
him according to the forme force and effect of a certaine writeing
betweene them made. At which said Sixtenth day of November the
Same Sheriff maketh returne that the Said Hugh O Neale is not
found in his Bailiwick whereupon the said James by Kenelm Chesel-
dyn his Attorny prayed an attachment against the estate of the Said
Hugh according to Act of Assembly in Such case made and provided
and it is granted unto him.



Benony Eaton

ag*
John Slaughter



John Slaughter late of Talbott County otherwise
called John Slater of Wye River in Talbott County
in the Province of Maryland Inholder was Sum-
moned to answer unto Benony Eaton Marriner the



40 Provincial Court Proceedings, i6y§.

Liber N N summe of three thousand three hundred pounds of tobacco which to
him he owes and unjustly deteines &c.

And whereupon the Said Benony Eaton by John Rousby his At-
torny Saith that whereas the said John Slater the ninth day of July
in the yeare of Our Lord One thousand Six hundred Seventy foure
by his certaine writeing Obligatory Sealed with the Seale of him the
Said John and here in Court produced whose date is the day and
yeare abovesaid did bind himselfe his heirs executors adm''^ and as-
signes well and truly to pay or cause to be paid unto the said Benony
or Company their heirs execut" or assignes the full and just Summe
of three thousand three hundred pounds of good Sound merchantable
tobacco in caske to be paid at some convenient place in Wye afore-
said upon demand after the tenth day of October then next ensueing
the date of those presents notwithstanding which the said John the
said Summe of three thousand three hundred pounds of tobacco
according to the tenor of the Said writeing Obligatory though often
thereunto required to the said Benony hath not paid but the Same to
him to pay hitherto hath denyed and Still doth deny and refuse to the
damage of the Said Benony five thousand pounds of tobacco and
thereupon he bringes his suite.

And the Said John by Mathew Warde his Attorny cometh and
defendeth the force and injury when &c and prayeth liberty of
Speakeing hereunto untill next Provinciall Court the same day is
given to both parties.

Now here at this day Came the Six and twentith day of November
in the foure & fortith yeare of the Dominion of Caecilius came
the said Benony by his Attorny aforesaid and the said John by his
Attorny came likewise and the said John Saith nothing in barre
or avoidance of the action aforesaid of him the said Benony because
he oweth unto the said Benony the said summe of three thousand
p. 26 three hundred pounds of tobacco in manner & forme as the Said
Benony hath above declared against him Therefore it is considered
by the Court here that the said Benony Eaton recover against the Said
John Slaughter aswell the Summe of three thousand three hundred
pounds of tobacco the debt aforesaid as also the Summe of

pounds of tobacco costs of suite but So as execution
thereof Stay untill next Provinciall Court.



Edward Tarleton adm''
Rob' Burton

ag'



Online LibraryWilliam Hand BrowneArchives of Maryland (Volume v.66) → online text (page 8 of 64)