528       Provincial Court Proceedings, 1669—70.

        Liber JJ   his promise and assumption so as aforesaid to him the said Walter
              in his life time made little regarding but deviseing and fraudulently
              intending him the said Walter of the said summe of foure thousand
              sixty one pounds of tobacco subtilly to deceive the said summe of
              foure thousand sixty One pounds of tobacco in his life time nor to
              the said Elizabeth after his death to whom administration of all and
              singular the Goods and Chattells of the said Walter after his death
              was committed hath not paid nor given any content for the same to
              the hinderance and retardation of the said Administration and to the
              damage of the said Elizabeth six thousand pounds of tobacco And
              thereupon she bringeth her suite, and likewise doe bring here into
              Court the said Letters of Administration whereby it may more fully
              appeare to thc Court here that she the said Elizabeth is Administra-
              trix of all and singular the goods and Chattells of the said WaIter
              Story deceased and that the Administration thereof is to her
              Committed.
                And the said Josias by Robert Carvile his Attorny cometh and
              defendeth the force and injury when &c and the said Robert Saith
              that he did not assume upon himselfe in such manner and forme as
              the said Elizabeth in her declaration hath above alledged against him
              and of this he putts himselfe upon the Country and the said Elizabeth
              likewise, wherefore it is Comanded the Sheriff of st Maries County
              that he immediately cause to come here twelve &c by whom &c who
              neither &c because aswell &c
                Att which day to witt the eleventh day of February in the eight
              and thirtith yeare of the Dominion of Caecilius &c the Jurors be-
              tweene the parties aforesaid in the plea aforesaid appeared and the
              said Elizabeth Story by John Morecroft her Attorny and the said
              Josias Fendall by Robert Carvile his Attorny appeared likewise and
              the said Jurors summoned impannelled and sworne upon their Oathes
              Say that they find for the plaintiff and allow the said plaintiff costs
              of suite, and the abovementioned debt of foure thousand Sixty One
              pounds of tobacco, therefore, it is considered off by the Court here to
              witt the same eleventh day of february in the yeare aforesaid that
              the said Elizabeth recover against the said Josias the said summe of
              foure thousand sixty One pounds of tobacco and five hundred thirty
              nine pounds of tobacco for costs of suite.

        [p. 75] Memorandum that this day to witt the eleventh day of February in
              the eight and thirtith yeare of the Dominion of Caecilius &c came
              Ellinor Keene widdow executrix of William Bosman late of Somer-
              sett County by John Morecroft her Attorny and offered here to the
              said Court that the said Ellinor was law full wife to the said William
              at the time of his decease and that the said William had not by his
              last will given or bequeathed to the said Ellinor any entire part or
              portion of his estate and therefore the said Ellinor ought to have