xxviii               Introduction.

             William Dare sued John Brooke, chirurgeon, administrator of William Wor
            gan, for 8ooo pounds of tobacco on a bond. The condition of the bond was the
            delivery of 20,000 pipe staves “all of them every way good & fitt & proper for
            the Barbados trade” (post, pp. 258-259), and the Court said Dare should re
            cover the 8ooo pounds debt against Worgan's estate. Pope Alvey sued John
            Jordaine for 2000 pounds of tobacco on a bond for the delivery of 8oo feet of
            good popular plank, but in court, Alvey came not to prosecute, and Jordaine
            was given an undetermined amount for his costs (post, pp. 161-162). In the
            same way, John Paler sued Thomas Robinson for 4000 pounds of tobacco
            which he said Robinson owed and unjustly detained. The condition of the
            writing obligatory was “such that if the above bounden his ExT8 or Admrs or
            assignes doe buy & deliver unto the said John Paler one new hand man Servant
            betwixt seventeen & twenty three yeares being a healthfull & sound hand within
            fifteen or twenty dayes after arrival of the first Shipp in Wiccocomico River
            in the County aforesaid with Servants in her to be sold, that then this prsent
            obligacon to be void & of none effect Or else to remaine in full power force &
            vertue”. Paler did not get his man servant, and thereupon he sued Thompson.
            Thompson tried to bring in a third party, but Paler denied that he was acting
            in trust for anyone else, and claimed that the bill was upon a good considera
            tion which he had satisfied. When the Court saw and understood the premises,
            they said “that the said John Paler recover agt the said Thomas Robinson as
            well the sume of foure thousand pds of tobacco debt [for which Paler had
            sued] As also six hundred & sixteen ptts of tobacco costs of suite” (post, pp.
            377-378). Pipe staves or poplar plank or a healthy man servant were all the
            same to the Court.
             Servants could be replevied, also, if the injured party preferred to get his
            servant back rather than to get damages for his detaining. There are instances
            here of both sorts of action for a servant unlawfully detained. Clement Hill,
               sheriff of St. Mary's and in 1676 member of the Lower House of Assem
            bly, was attached by John Blakiston for “taking away one man servant & con
            verting him to his owne use”. When the case came up for trial, Clement Hill
            appeared by his attorney, but Blakiston came not but made default, and was
            nonsuited. Hill received for his costs and charges 733 pounds of tobacco (post,
            pp. 280-281). Jacob Loton detained “a man servant named Wm. Simpson
            belonging to the said Thomas [Waghob] as itt is said” (post, p. 234). Wag
            hob gave security in the sum of 8ooo to prosecute his replevin of Wm. Simp
            son against Loton, and to make restitution to Loton if the Court adjudged it
            to him. The case was settled by agreement (post, p. 356) ; perhaps Loton re
            stored Simpson to his lawful master. George Parker, attorney of the Pro
            vincial Court, took out a replevin against Joseph Tilly for unjustly detaining
            “one man servant named Tho: Norris, one woman servant named Elizabeth
            Moore, all the horses & Mares upon the platacon of the said Joseph [Tilly] att
            Hunting Creeke . . . called Tillington”, all the cows, bulls, steers, heifers, and
            all the stock of hogs with a certain ear mark. Servants and hogs were treated
            alike. Another bond filed the same day between the same parties called for
            Parker to prosecute a replevin for five feather beds, bedsteads and furniture,