366        Provincial Court Proceedings, 1668.

     Liber FF          The Court adjournes till the Afternoon
         [p. 666]                      Oliuer Gery plaintiffe  Jenifer p quer
              Eliz: Leitchworth the Admx   Caluert p delt
               of Thomas Leitchworth defendt
               the plt sues the defendt as Admx of the Goods and Chattles of
              Thomas Leitchworth in an accon of the Case for diuers Goods and
              Merchandizes Sent and deliuered the Thomas in his life time for
              which they had accounted and the said Thomas as by his letters and
              Accompt thereot giuen under his hand hee was found in arreares
              to be endebted to the said Oliuer in the sume of Eighte Thowsand
              three hundred & twenty pounds of tobacco besides the sume of Fiue
              hundred and foure pounds of tobacco for forbearance and the sume
              of Two hundred and twelue pounds of tobacco being charges ex-
              pended by the said plt at the instance and request of him the said
              Thomas in his life time which said seuerall sumes amounts in the
              whole to Nine Thowsand and Thirety Six pounds of Tobacco

               The de fendt put's in her plea as followeth
               And the said Elizabeth Leitchworth by Wm Caluert her Attorny
              Cometh and defendeth the force and injury when &c: and saith that
              the said Thomas Leitchworth did not assume and promise in manner
              and forme as the said Oliuer in his said Declaracon hath alleadged
              and of this she prayes may be enquired off by the Country and the
              said Oliuer in like manner Therefore Comand is giuen to the sher-
              rife that he Cause to come twelue &c: Willm Caluert

               The Shef returnes his venire a pannell annext uizt
        Foreman Daniel Clarke    Hugh Stanley   Richard Attkins
           Richd Bayley          Peter JoyJohn Grammer
                 Randall Reuell  Wm osbeston John Hopper
                 John Holland    Hen: Aspinall  Thomas Doxey

               The Jury being Called and sworne The plt produceth to the Court
              and Jury seuerall letters and Accompts Attested undr the hand of
              the said Thomas Leitchworth wherein hee did Acknowledg himself e
              to bee Endebted to the said Oliuer Gery upon Ballance of all Ac-
              compts between them the aforesaid Sume of Nine Thowsand thirety
              Six pounds of tobacco
               The defendt hauing pleaded the General issue doth now giue the
              speciall matter in Euidence first denying that those letters and Ac-
              compts are the hand writeing of the said Thomas Leitchworth decd
               The plt for proue thereof did produce seuerall Testemonys to the
              hand writeing of the sd Thomas Leitchworth by him made in other
              writings wch being Compared was giuen for Euidence to the Jury
               Secondly the defendt alleageth that the plt8 Demands is but an
              Accompt and aboue Nine months standing wherefore she Craues the
              benifitt of the Act of Assembly in that Case made for this Prouince