Provincial Court Proceedings, 1669—70.    527

     and thereupon he bringeth his suite and he bringeth also here in Court Liber JJ
     the Letters Testamentary of the said Richard Bennett whereby it may
     appeare to the Court here that he is executor of the said Richard
     Bennett of the Testament aforesaid and to have administration
     thereof.
       And the said Cornelius by Robert Carvile his Attorny cometh and
     defendeth the force and injury when &c and the said Robert Saith
     as to one thousand six hundred forty five pounds of tobacco part of
     the abovesaid sume he confesseth Judgment by Nihil dicit wherefore
     it is considered of by the Court here to witt the eleventh day of Feb-
     ruary in the xxxviiith yeare &c that the said James Neale recover
     against the said Cornelius Stenart the said summe of One thousand
     six hundred forty five pounds of tobacco with costs
       Whereupon it was comanded the Sheriff of Talbott County that
     he take the said Cornelius Stenart if &c so as he have his body before
     the justices here to witt the fourtenth day of April next to satisfie
     the said James Neale aswell the abovesaid debt of One thousand six
     hundred forty five pounds of tobacco as also three hundred and six
     pounds of tobacco costs of Suite.

     Walter Lane agt The deft being attached to appeare here at this day
     Samuel Stone f to witt the eighth day of February in the xxxviiith
     yeare of his Löpps Dominion &c to answer unto the said Walter in a
     plea of trespas upon the Case, the justices here will consider whether
     the ne exe Reg shall be taken off which the plaintiff hath sued Out
     against the defendant
       Afterwards to witt the xith of the same month of February Ordered
     by the justices here that the writt abate and that the said Samuel
     Stone be discharged from the ne exe Reg.

     Elizabeth Story agt Josias Fendall late of Charles County Gent was [p. 74]
     Josias Fendall Jattached to answer unto Elizabeth Story Ad-
     ministratrix of the goods and Chattells of Walter Story deceased in
     a plea of trespas upon the case.
       And whereupon the said Elizabeth by John Morecroft her Attorny
     complaineth that whereas the said Josias bought had and received of
     Walter Story in his life time divers goods and merchandizes from
     the fifth of march One thousand six hundred sixty foure amounting
     in all to the summe of foure thousand sixty and One pound of tobacco
     as it may appeare by a certaine noate of particulars by the said Eliza-
     beth here in Court brought, in consideration whereof the said Josias
     did assume upon himselfe and to the said Walter in his life time did
     faithfully promise that he the said Josias the said severall summes of
     tobacco amounting in the whole to the said summe of foure thousand
     sixty One pounds of tobacco to him the said Walter well and truly
     would pay when thereunto required notwithstanding the said Josias