358




                      Provincial Court Proceedings, 1664-65.

              Liber B B   bills or accompts, hee the said Riggs then to sue for & recouer by due
                       Course of law any such debts bills and accompts as aforesaid for the
                       use and behoofe of the ptt as by Obligacon undr the hand and seale
                       of the said Riggs bearinge date the 28th of March 1664 more att
                       large appeareth, Wherein hee the said Riggs doth further Obleige
                       and binde his heires and Assignes that in Case of Mortallity before
                       the said Riggs his prformance of the ptmisses aboue menconed that
                       then the ptt shoulde receiue out of that Estate left by the said Riggs
                       the sume of three thowsand poundes of tobacco and Caske—
                       Now soe it is the said Riggs being deceased, wthout performing
                     his said Obligacon, And Richard Collett Administratr to the said
                       Riggs positiuely refugeth to make sattisfaccon to thc ptt the said
                       three thowsand poundes of tobaccoe whereuppon hee bringeth his
                       suite—
                       And humbly prayeth Order of this Honnoble Court agst the said
                      Collett for the said Three thowsand pounds of tobacco or a Repos
                      session of the said land to the ptt being his proper reall Estate and
                      neuer any sattisfaccon in the least for the same made to the ptt wth
                      damages & Cost of suite—And (as in duty bound) hee shall pray &c

                       Cecilius &c To the Sherriffe of St Marys County Greeting &c
                      Whereas in the Record and processe and alsoe in the rendringe
                      Judgmt of the plaint which was in Our Prouinciall Court held the
                      of Aprill 1664 between Thomas Wynne of Snow hill in St Marys
                      County and William Hollingworth late of Salem in New England
                      as well of a Certaine debt of 2500lb tob: which the same Thomas
                      Wynne in our same Court recouered agst William Hollingworth as
                      of 927lb tob: which to the same Thomas Wynne in our same Court
                      were adjudged for Costs of suite and whereupon Our same Court
                      before Our Gouernor and Councell it was lately considered of, that
                      the said Thomas Wynne should haue his Execucon against the said
                      William Hollingworth of the debt & Cost of suite aforesaid by the
                      default of him the said William Hollingworth manifest error hapned
                      to the greiuous damage of him the said William Hollingworth as by
                 [p. 438] the inspection of the Record & processe thereupon which before us
                      lately for cause of error in the same to be Corrected we haue Caused
                      to Come manifestly appeareth and whereas yow by Our writt we haue
                      lately Comanded that yow should Leauy as well the said 2500lb tob:
                      as the said 927lb tob: for Costs of suite uppon any the goods debts
                      or Chattles of the said William Hollingworth Now on the behalfe
                      of the said William Hollingworth we haue accepted, that allthough
                      the same William Hollingworth did prosecute Our Writt for the
                      error in the record aforesaid to be corrected and that the plea uppon
                      the said writt of error remaineth undetermined, yet yow after the
                      allowing the said writt of error the Goods debts or Chattles of the
                      said William Hollingworth in Execucon haue taken as we are in
                      formed Wee being willing in this behalfe to doe that which is Just