Provincial Court Proceedings,       37






       ffrancis Gill in this cause sayth, That hee did reade James Billings- Liber B B
      leys will, after the sd Billingsley was dead, And that there was in
      tht will, wch hee read (Vizt) I bequeath to my Brother Thomas
      my share of all my Land. And these words this dept read ouer two
      or three times, And was interrupted by Walter Carne, whilst hee
      read the same/
       It is therefore ordered tht the Wittnesses bee summoned by hee [p. 186]
      can or may proue there bee another Will, & as it seemes concealed
      (Vizt) Grace Parker, ffrancis Huttchins, Arthure Briscoe, John
      Stansbey & Robert Haigh & to bee att the next Prouinciall Court, to
      testify in this cause, & make answere to what shall bee then & there
      demanded of them Concerning the aforesd James Billingsieys will.

       Capt Thomas Cornewalleys by his Attorney Josias ffendall Esqr Vid. fol. 166.
      appeales from the order of the Prouinciall Court, to the Court in
      Chancery, according to an order of the Gour & Councell in Assembly
      for th rehearing of the whole cause. And the sd Attorncy Capt Josias
      ffendall, mouing the Board, desyreth to know, why the serut in ques
      tion Hester Nicholds should not serue according to her Indenture?
      To wch the ffather of the sd Hester John Nicholds sayth, That that
      Indenture is inualid, for tht a ualuable is nott allowed in the same
      Indenture, as it ought. Then the Attorney prayeth the Court to de
      liuer their opinions, whither that Indenture, now read in Court bee
      inualid or not?
       Mr Secretary sayth, That the Indenture is insufficient because there
      is noe Consideraon allowed in the sd Indenture att the exspiraon of
      her, the sd Hesters time, And alsoe for tht shee was not bownd before
      a magistrate, wch hee conceiueth ought to bee done, & requisite
      Mr Jerome Whyte the same Mr Baker Brooke contra (Vizt) That
       Indenture is ualid. Chancelor the same wth Mr Brooke. Leiut
      Grall, That the Indenture is ualid & good. Whereuppon it is ordered
      tht the sd Hester Nicholds serue her former master according to her
      Indenture.

     To the Honble the Gouernor & Councell of the Prouince of Maryland.
       The humble Petn of Hannah Lee Sheweth
       That yor Petr had German Gillett under Exequuon for six hundd
      & odde pownds of Tob. & committed into the Custody of Coll Willm
      Euans High Sheriffe who hath suffered his sd Prisoner Liberty,
      wthout satisfaction made to yor Petr. Wherefore shee prayes order [p. 187]
      of this hon Court for the sd sheriffe to make satisfaction to the
      Debts ualue & shee shall pray &c:
       To the foresd Petn of Hannah Lee Coll Willm Euans High Sheriffe
      of St Maries County, alleageth & sayth, That James Jolley carryed
      German Gillett away, out of his Custody, & out of this County.