262       Provincial Court Proceedings, 1676.

          Liber N N   neither &c to recognize &c because aswell &c. which said Jurors like-
                  wise then came to witt Wm Abestone John Askin Wm King Henry
                  Rider James Cliff Richard Atwood Thomas Potter Richard Chil-
                  man Wm Newport Giles Blizard Robert Large and Nicholas Guither
                  who being impannelled summoned & Sworne to say the truth in the
                  premisses upon their Oathes doe Say Wee find for the plaintiffs
                  foure hundred pounds of tobacco with costs of suite. Whereupon
                  it is granted by the Court here the said Thomas Bland & Darnoris
              P. 163  his wife recover against the estate of the said Edward Gardner
                  aswell the summe of foure hundred pounds of tobacco damages occa-
                  sioned by the trespas aforesaid as also the sume of One thousand
                  forty Seaven pounds of tobacco costs of suite.

                   Marke Cordea Evan Carew late of st Maries County planter was
                     agt attached to answer unto Marke Cordea of a plea of
                   Evan Carew trespas upon the case.
                              And whereupon the said Marke Cordea by Robert
                  Ridgely his Attorny complaineth that whereas the Said Evan Carew
                  upon the twelfth day of January 1670 bought had & received of
                  the said Marke Cordea divers goods & merchandizes at divers dayes
                  and times from the said twelfth day of January in the yeare afore-
                  said untill the tenth day of April 1673 & also whereas the said Marke
                  at the Special instance & request of the said Evan betweene the said
                  twelfth day of January 1670 and the said tenth day of April 1673
                  paid to divers persons for the proper accompt and by the Order of
                  the Said Evan divers & Sundry Summes of tobacco a particular
                  aswell of the said goods & merchandizes to the Said Evan Sold &
                  delivered as also of the said tobaccoes so paid for him is by the
                  Said Marke here in Court produced amounting in the whole to the
                  summe of five thousand eight hundred sixty and eight pounds of
                  tobacco In consideration whereof the said Evan did assume upon
                  himselfe and to the said Marke did faithfully promise that he the
                  said Evan when thereunto required the said summe of five thousand
                  eight hundred Sixty & eight pounds of tobacco to the said Marke
                  would well and truly content and pay notwithstanding which the
                  said Evan Carew his promise and assumption so as aforesaid made
                  not regarding but deviseing and fraudulently intending him the said
                  Marke of the Said five thousand eight hundred sixty eight pounds
                  of tobacco to deceive and defraud the said five thousand Eight hun-
                  dred sixty eight pounds of tobacco to him the Said Marke Cordea
                  according to his promise hath not paid though often thereunto re-
                  quired but the same to pay hath denyed and as yet doth deny to
                  the damage of the Said Mark eight thousand pounds of tobacco &
                  thereupon he brings his Suite.
                     And the said Evan by Robert Carvile his Attorny cometh and
                  defendeth the force & injury when &c and prayeth liberty to imparle