6       Court and Testamentary Business, 1637.

             Liber Z.  Richard Gilbert in consideration thereof did at the said severall

                  times assume and promise vnto the said Leonard Calvert

                  that he the said Richard Gilbert would well and faithfully pay

                  the said tobacco vnto the said Leonard Calvert at the cropp

                  next following; the estate of wch said Richard Gilbert after

                  his decease remained and came into the possession of the said

                  Rose Gilbert: by meanes whereof she became liable to all the

                  debts of the said Richard her late husband and did accordingly

                  since the decease of the said Richard, promise and assume

                  vnto the said Leonard Calvert to pay the said tobacco at the

                  time aforesaid. Neverthelesse the said Rose not regarding her

                  said obligation and assumption, but intending fraudulently to

                  deceive the said Leonard Calvert of the said tobacco, the said

                  three hundred twenty and six pounds of tobacco vnto the said

                  Leonard Calvert according to her said obligation and assump

                  tion hath not yet paid althoughe she hath beene often demanded

                  to pay the same by the said Leonard Calvert, but hath refused

                  and still doth refuse to pay the same to the damage of the said

                  Leonard Calvert of foure hundred weight of tobacco. And for

                  this he doth bring his suite, and desireth processe of Court

                  agst the said Rose.

                    Cecilius Lord Proprietr to Robt Percy marshall greeting, we

                  doe hereby command you that you apprehend the body of

                  Rose Gilbert widdow, and keepe her safe so that you have her

                  before vs or Or Secretary of the Province for the time being on

                  monday next being the 22th of this instant moneth of January

                  to make answere vnto Leonard Calvert Esq in an action of

                  accompt to the value of 400wt of tobacco; & that then you

                  make returne of this wrilt.

                    Given at St maries this 20th of January 1637 witneSSe

                                                Leonard Calvert

                    And now at this day that is the 20th day of January 1637.

                  the said Rose Gilbert appeared, and saith that she hath paid

                  two hundred fourty and two pound weight of tobacco, & con

                  fesseth that she doth owe vnto the said Leonard Calvert the

                  residue of his said demaund, that is to say, fourescore & foure

                  pound weight of tobacco; & saith that she is not able to

                  satisfie the said tobacco in present; but promiseth & assumeth

                  to pay the same at the first season of the next cropp.

                10 January:

                    This day came and appeared Capt: Henry ffleete; and

                  saith that he did borrow and receive of the Adventurors one

                  hundred weight of beaver and that he hath not refused nor

                  doth refuse to pay the same, but hath satisfied to the Lord