518 Provincial Court Proceedings, 1661.

Liber
P. C. R.

Parker did condiconally convey a certaine Tract of land vpon the
Cliffes condiconally that the said Burbage and Billingsley should
Seate the land pay the Surveyor and retourne unto the def^t Parker
soe many rights as amounted to soe much land as was by the said
Parker to the s^d Burbage and Billingsley conveyed, And whereas by
another coppy of the Record dated december 10^th 1652 it Likewise
appeareth to this Co^rt that the said Billingsley did Rights for the
said six hundred acres of land unto the said Parker reassigne, and
that the said land is by the said Billingsley seated as is averred.
Ordered that if the said Parker doe not appeare by the last day of
this Co^rt to answere this Cause Attachm^t to be Granted for two
thousand pounds of tobacco till he doe appeare to answere the s^d
Cause.

Robert
Kedger plt
Wm Black
deft
p. 1004

neither plt nor def^t appeareing the Cause is dismist ....

To the hono^ble the Gouernor and Councell of the Province of
Maryland

Marline v.
Martine

The humble peticon of Ellinor Martyn Sheweth That yo^r pet^rs
husband Francis Martyn haueing purchased two hundred acres of
land to him and his heires for ever dyed intestate, and left issue of
his body foure children The eldest of which entred upon the said
land as heire and dyed issueless bequeatheing the s^d land to certaine
daughters in lawe putting by the right heire of her husband
She therefore in right of her Sonne Lowdowicke Martyn desireth
she may be possessed of the s^d land vntill her said sonne come to
lawfull age alsoe that she may haue order to enjoye the thirds of that
land during her naturall life and that Patience Martyne may be
outed of itt and pay costs of Suite And she shall pray &c.
An Agreem^t made this 8^th day of december 1660 Betwixt Ellen
Martyn Widd and W^m Martyn as followeth It is agreed upon by
both partyes that W^m Martyn is to haue the 30 foote tobacco howse,
and all the cleare Ground that George Wilson had quietly to enjoye
itt and that W^m is to fence his parte and Ellen Martyn is to fence
her parte, and that noe other shall enjoye the land saue himselfe
during her life alsoe the s^d William Martyn is to build himselfe a
dwelling howse at the other end of the Thickett if health permitt
by the next Spring after date hereof, And for truth of this agreem^t
wee haue hereunto putt our hands the day and yeare aboue written
Ellen E Martyn
Wittnessed by us .... her marke

p. 1005

The plt sueth p[ro]ut in peticon Ordered that the plt haue the
thirds of the land which descended from Francis Martyn her hus-
band to W^m Martyn her sonne, and that the remaynd^r with the
reuersion remayne to the children of Patience Martyn according to
the will and that Ellinor Martyn pay Co^rt charges.