370       Provincial Court Proceedings, 1668.

       Liber FF   wherefore the defendt Cannot haue the benifitt of the said Act of
              Assembly specialtyes onely being excepted therein
                Therefore Ordered that the Jurys Verdict bee Entred for Judgmt
              and that the defendt doe sattisfy unto the plt the said sume of nine
              Thowsand thirety Six pounds of tobacco wth Cost of suite, Otherwise
              Execucon to issue agst the said Elizabeth Leitchworth Boñ propriü
              hauing made herselfe lyable thereunto by a devastavit aliready found
              & adjudg'd of by the Justices, upon the defth pleading she had fully
              Administred which was otherwise found upon her Accompt Exhib-
              ited this Court as aforesaid

       [p. 671] Ordered that John Potts doth sattisfy and pay unto John Green
              for his and his wiues Attendance being by him sumoned to testify
              agt James Godsgrace et ux on behalf e of the Ld Proprietary the
              sume of Six hundred pounds of tobacco there being no Indictmt
              found agt the said Godsgrace uel ux
              Peter Bawcomb plaintiff Morecroft p quer
              Robert Nab defendant    Nottley p defendt
                The plt sues the defendt in a plea of tresspass upon the Case
              for that the defendt did finde and Conuert to his owne use one sloope
              of the plts wth Apparell tackle and furniture all to the ualue of Twelue
              Thowsand pounds of tobacco
                The deft not hauing his plea ready in writing uerbally pleads an
              abatemt to the writt, for that the de fendt was taken by a wrong name
                The plt and his wittnesses being not prsent (though sumoned) to
              proue the plts declaracon, the plts Attorny Craues a reference untill
              next Court alleadging that the deft upon Crauing an Abatemt ought
              to be semper paratis wherupon the deft put's in his plea in writing,
              which the plt excepts against and still urgeth for a reference
                Judgmt of the Court that noe reference ought to be granted to
              the plt: whereupon the defendts plea is receiued (uizt)
                And the said Robert by Thomas Nottley his Attorny comes and
              prayes that the said writt may be abated, because hee saith that at
              the time of the seruing of the said writt hee was Called Robt Knap
              and not Robert Nab as was aliwayes before that time soe Called and
              euer since (went by that name) all wch hee is ready to uerify and
              thereof prayeth the Judgmt of the Court and that he be dismist wthout
              further answer
                The plaintiff suffers a nonsuite

                Whereas Wm Harrice and {blank] Dawson was sumoned to Answer
              what shall be Objected against them for Contemptuous speeces and
              the Euidences not appearing It is Ordered That they giue in Security
              for theire appearance att the next Prouinall Court & in the meane
              while to be of the good behauiour, and that John Burrage & Fran:
              Killburne the wittnesses be then summoned to appeare