424       Provincial Court Proceedings, 1668—69.

       Liber FF   off by the Court and alsoe by the plt the defendant doth now deliuer
              into Court his plea as followeth
                And the said Francis Gunby by Thomas Carleton his Attorny
              corneth and defendeth the force and injury when &c: and saith att
              the time hee gaue the said Bill to the said Peternella Chiuers that
              hee was then a seruant upon Indenture which hee is ready to auerre
              therefore hee desires the benifitt of the Act of Assembly
                                           Tho: Carleton Attorny

       [p.768] And the said Peternella doth say that the plea by the sd Francis
              in Barre pleaded is not sufficient in law to be replyed unto neither is
              she bound by the law of the land to reply thereunto therefore she
              prayeth Judgmt agt the said Francis for her said debt for want of a
              sufficient plea to her to be adjudged Dan: Jenifer

                The defendts Attorny not Joyning in demurrer in due time The
              said Francis Gunby doth come into Court and in proper person doth
              Confess Judgmt to the plt for the said sume of Three Thowsand Fiue
              hundred pounds of tobaccoe, But the plaintiffe desireing it might bee
              done by an Attorny of this Court whereupon the defendt giuen a
              warrt of Attorny to Thö Nottley gent one other Attorny of this
              Court to Confess Judgmt for him for the said sume of Three Thou-
              sand Fiue hundred pounds of tobaccoe, the which hee doth in these
              words following
                And the said Francis Gunby by Tho: Nottley his Attorny cometh
              & defendeth the force and Injury when &c: and as to the three thow-
              sand Fiue hundred pounds of tobacco in the declaracon menconed
              the said Thomas saith hee is not informed by the said Francis his
              Clyent of any Answere thereunto to giue therefore the said Francis
              doth remaine agst her the said Peternella as to the said sume of
              Three Thowsand Fiue hundred pounds of tobaccoe undefended
                                               Thomas Nottley

                Therefore it is Ordred by the Court here that the said Peternalla
              Chiuers recouer of the said Francis Gunby the said sume of Fiue
              Thowsand Fiue hundred pounds of tobaccoe and Cask wth Costs

                William Ca!uert Esq Guardian to the Orphant of Nicholas Key-
              ton Complaineth to the Court that whereas Bryan Dayley who
              marryed the Relict of the said Nico Keyton by which meanes hee came
              possest of the full Estate of the Nico and now refuse to deliuer up
              the same to the said William Caluert for the use of the Orphant
                Opinion of the Court that as hee has been Executor in his owne
              wrong by medling wth and disposing of some part of the said Estate
              without lawfull power, that therefore hee ought to bee Accomptable
              for what Estate soeuer was left by the said Nico Keyton and that
              came to his hands by intermarrying his Relict, The Court Con-