122      Provincial Court Proceedings, 1663-64.

              Liber B B as hee makes appeare) for 1166£ Tob. besides 77£ Tob for ffees ex
                     pended. The deft sayth, That shee the Admistrix hath payd more
                     allready out of Mr Hammonds Estate (who was formerly sued for
                     tht Debt) then the Estate was appraysed att, as will appeare by the
                     account, & further that shee hath payd that Exequuon, uppon
                [p. 1661     this Scire facias issued. But not being able to proue what shee al
                     leageth, tht any part hath beene payd uppon tht Judgmt, wch shee
                     ought to take notice of, & to bee first satisfyed,
                      Ordered tht the plf haue the first Exequuon agst the sd Hammonds
                     Estate for the suffie of Eleauen hundd sixty six pownds of Tob.
                     besides Seauenty seauen pownds of Tob. for former Charges ex
                     pended for ffees in this suite.

                Att the Vpper howse of Assembly Sept. 29 1663.
                     prnt Charles Caluert Esq Leuit Grall Baker Brooke
                        Philip Caluert Esqr Chancellor Edw: Lloyd    Esq
                          & Deputy Leiut      Henry Coursey
                   Henry Sewall, Secr, Escp   Jerome White CounceIlrs
                                              John Bateman

            Vid. fol. 186. Vppon the motion of Thomas Nottley the Attorney of Capt Thomas
                     Cornewalleys to haue this howse proceed to Judgmt in the Errors
                     assigned by him the sd Nottley inter causam Cornewalleys & Nicholds,
                     Vppon default of the sd Nicholds not appearing yesterday to plead to
                     the sd Errors according to the order of this howse, This howse doth
                     declare the the Errors assigned by Thomas Nottley Attorney of Capt
                     Cornewalleys are such, tht the Cause ought to bee tryed againe, &
                     therefore Ordered tht the whole cause bee tryed againe att the Pro
                     uinciall Court sitting as a Count of Chancery on the 8th of December
                     next &c:             John Gittings Clk of the
                                             Vpper howse of Assembly.

                      Ordered hereuppon tht this Cause bee first heard to morrow morn
                     ing, And in the meane time tht summons be forthwth sent to John
                     Nicholds to make his appearance att Court att St Maries to morrow
                     morning to make answere therto.
                      Summons to Sheriffe St Maries County according to the foresd
                     order.

              Vid fol. 134. Thomas Gerard Esqr plf The plf sueth as in his Petn fol 134 for
               & fol. 187 Richard Micall deft 4000£ Tob. The deft by his Attorney
                     John Samwayes makes answere (Vizt) not knowing wch wayes the
                     plf is damnifyed, desyres him to make it appeare how: Hee only
                [p. 167]     desyring to know whither hee was free or not, & therefore humbly
                     conceiues noe uniust molestaon. Then plf produceth his wittnesses
                     for his Charges hee was putt to about prouing him his serut &c:
                     & Charges of Court WCh are as folioweth.