Assembly Proceedings, April — May 1669. 171

the said Wells ag' the Estate of the said Bartholomew in the
hands of them not Administred and Execution out of the Sec-
retary's Office for the same which Execution the said Tobias
kept in his pockett, two or three months & did not serve it
during which time the said John Wright produced his Action
into the Secretary's Office & that he had payed as far as
Assetts, the next Court setting up his name in the Court house
and having paid as far as he had assetts & having fully admin-
istred prayed a Quietus est as usual in this Province at which
Court the s^d Tobias was Present & might have underwritt if
he had pleased but did not Whereupon the said John Wright
& Mary his Wife had their Quietus est after which he the said
Tobias Contriving with the Sherriff of the Isle of Kent who
lived in his House served the Execution upon certain Negroes
of the said Jn^o Wrights which was not lawfull for him then to
do, but ought to have brought his Writt of Devastavit against
the said Wright if he could prove any wasting made by him
of the Estate of the said Bartholomew upon which illegal pro-
ceeding in serving the Execution after the said John Wright
& Mary his Wife having obtained their Quietus est, by which
it appeared that they had fully administred & no Assetts in
their hands He the said Wright coming to the Office at S^t
Marys and Complaining of the illegal Proceedings of the said
Tobias in the serving the s^d Execution the said Jni Morecroft
did sue forth a Writt of Replevin for the unjust taking &
witholding the Goods of the said Jn^o, Wright, in whom there
was a sole property of the said Goods, in which Writt it was
also Commanded to the Sherriff to require the s^d Tobias to be
before the Justices of the Lord Proprietary of this Provincial
Court held at S^t Marys,at his next Provincial Court held at S^t.

U. H.
Journal
1659-98

Marys, to answer the said John Wright of a Plea of taking
and unjustly witholding his Goods to which the said Tobias
appeared at the s^d Provinc^l Court, after due and mature De-
liberation by them the s^d Justices thereupon had It was by them
adjudged that the s^d Tobias Wells had unjustly taken and
witheld the said Goods of the said Jn^o Wright And for that it
did appear to them by the Return of the said Writt to them by
the Sherriff made that the Execution of the s^d Writt was done
after the said John Wrights obtaining of the Quietus est and
so the serving the said Execution unlawful And that the said
Tobias ought to have brought his Devastavit against the Ad-
min^rx if he had any Cause therefore the s^d Adm^rx having payed
as far as Assetts and so had fully administred, Now forasmuch
as the said Jn^o Morecroft had performed all & every thing
which did belong to his Duty in prosecuting the Suit to Judg-
ment and the said Tobias having got Execution, the said John
Morecroft had done all that was belonging to the duty of an

p. 142