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6 Provincial Court Proceedings, 1678.
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Liber N N
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of the Court here that the reasons aforesaid are insufficient in Law
to Arrest the judgemt aforesaid Therefore itt is granted by the
Court here that the said James Mills recover against the said Henry
Johnson his damages susteyned by occasion of the trespas aforesaid
But because itt is not known what damages the said James hath
sustained by occasion of the prmisses Itt is ordered by the Court here
that a writt of Enquiry of damages issue returnable att the next
Provinciall Court
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James Mills
agt
Henry Johnson
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Henry Johnson late of Baltemore County was At-
tached to answer unto James Mills of a plea where-
fore with force & Armes att the plantacon of him
the said James in the County aforesaid the sales
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belonging to a certaine Brigantine of the proper Goods & Chattels
of the said James he did take & carry away & other harmes to him
did to the damage &c and against the peace &ca
And whereupon the said James by Robert Carvile his Attorney
complaineth, that whereas the said Henry upon or about the seven-
teenth day of ffebruary in the yeare of our Lord One thousand six
hundred Seventy seven with force & armes that is to say with swords
& staves the Close of him the said James att his plantacon att Gold-
smiths in the County aforesaid did breake & a certaine suite of
Sales belonging to a certaine Brigantine of the proper Goods &
Chattels of him the said James of the Value of two thousand pounds
of tobacco he tooke & carryed away & the same from him as yet doth
Deteyne & other harmes to him did to the great damage of the said
James & against the peace of the Lord Propry whereupon he saith he
is damnified & saith he hath losse to the Value of tenn Thousand
pounds of tobacco & thereupon he bringeth his suite
And the said Henry Johnson by Robert Ridgely his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto until next Provinciall Court & itt is granted unto
him, the same day is given to the plaintiffe also
Att which said next Provinciall Court came as well the said plain-
tiffe as the said Defendt by their Attorneys aforesaid And the said
Defendt by his said Attorney saith, that as to the trespaase above
by the said James imposed upon him he is in nothing thereof guilty
in manner & forme as the said plaintiff above against him hath com-
plained, & of this he putts himselfe upon the Countrey & the plaintiffe
also, whereupon day is given to both partyes until next Provinciall
Court.
Now here att this day to witt the fourteenth day of October in
the third yeare of the Dominion of Charles Lord Baltemore &c
Annoq Doni 1678 came the said James Mills by his Attorney afore-
said & offered himselfe agt the said Henry Johnson in the plea afore-
said, but the said Henry came not but made default Therefore itt is
considered by the Court here that the said James Mills recover agst
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