Provincial Court Proceedings, 1661. 587

order the said debt to be sattisfyed in the hand of M^rs Anne Tilney,
and to that Effect wrote to her the said Tilney desiring her to make
payment of the said debt which she refuseth to performe
He therefore prayeth order for the said debt ag^t M^r Robert Slye
Administrator of the said Smith with Costs of suite And he shall
pray &c.
M^rs Tylney Yo^u were pleased the last yeare to send me word by
M^rs Gerrard that the Tobacco due to M^r Stenwick was ready but I
had noe tyme to looke after itt, till such tyme as yo^r Tobacco ....

Liber
P. C. R.

for soe much, and this my noate shall ingage me to deliver yo^u M^r
Hoskins his bill vpon the receipt of the whole debt, thus not
Questioning but yo^u will Complye with my reasonable demands I
remayne Yo^es to Comand Sam: Smith
November 16^th 1661
Ordered that the def^t as Adm^r to Samuell Smith pay two thousand
foure hundred and forty pounds of tobacco, and that Nicholas
Young doe give vnto M^r Robert Slye a bill of Sale for a Negro
which was in Consideracon for the afores^d debt.

p. 1117

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

The humble petⁿ of Henry Heylyn Attorney of Luke Barbeir That
Richard Morley and the said Doctor Luke Barber did by an In-
strum^t vnder their hands beareing date 8^th October 1661 become
bound each to other in the Sume of 1000^ll Tob. in Caske for the
true performance of certaine Condicons in the s^d Instrument Con-
tayned as relacon being therevnto had will more largely appeare
Yett now soe itt is may itt please yo^r honors that the said Morley
hath not performed his parte of the aforesaid Condicons by reason
whereof the s^d Barber is much dampnifyed.
The p^rmisses Considered yo^r pet^r humbly prayes that the said
Morley may be ordered to make paym^t of the s^d 1000^ll Tob. according
to the Tenor of the aforesaid Instrum^t And he shall pray &c.
The def^t pleades that his name is not Richard but W^m Morley
therefore desires that the writt be Nonsuited which was ....

Barber v.

Morley

.... to the Landing of Richard True some fiue or six yeares since,
And did agree with one W^m Smoote and the said True to Trim and
repayre the said Shallop for 1600^tt of tobacco, and delivered the same
into their posson to the same Effect, as by Wittnes will appeare which
they never returned to yo^r pet^r Wherefore he humbly Craveth that
yo^r Honors will grant him order for sattisfaccon for the said Shal-
lopp with damages & Cost of suite And he shall pray &c.
Knowe all men by theis p^rsents that I Will^m Smoote of Charles
County in the Province of Maryland Boate Right doe hereby Con-

Pheypo v.
Smoote &
True
p. 1118