146       Provincial Court Proceedings, 1673.

         Liber M M  Richard his prop goods to Merchandize to the Comön pffit of him
                 the said Richard & the said George to be Devided Equally betweene
                 them, and to make Reasonable account thereof when thereunto Re
                 quired, Neverthelesse the said George Reasonable account thereof
              p. 84 to the said Richard in his life time or to the said Sophia whilst she
                 was sole to whom Execution of the Testament of the said Richard
                 was Comitted or to them the said Henry & Sophia after the mar
                 riage betwixt them Celebrated. hath not thereof made but the same
                 to them to make hitherto hath Denyed and as yet doth Deny in the
                 Retardacoñ of the Execution of the aforesayd Testamt of the said
                 Richard whereupon they say they are Damnifyed & have losse to the
                 vallue of One Thowsand pounds sterling, and thereupon they bring
                 their suite and they bring here into Cort the said Testament of the
                 said Richard whereby it may more fully appeare to the Cott here that
                 the said Sophia is the Executrix of the Testamt of the said Richard
                 and thereof hath the AdmcOn
                   And the aforesayd George by Mathew Ward and his Attorney corn
                 eth and Defendeth the wrong and injury aforesayd when &c and saith
                 that he was never Receiver of the goods and Tobaccoes and servants
                 of the aforesayd Richard Wells in the Declaration aforesayd Spece
                 fyed or an account thereof to give in manner and forme as the afore
                 said Henry & Sophia above against him have Declared and of this he
                 puts himself upon the Country and the said Henry & Sophia likewise
                   Therefore comaund is given to the Sheriff of St Maryes County
                 that he Cause to come before the Justices of the Provincial Cott at the
                 Citty of St Maryes on the Eleaventh day of November next, being
                 the first day of the same Cort Twelve &c by whom &c who neither &c
                 because aswell &c to Recognize &c and the same day is given to both
                 partyes. At said Eleaventh day of November the Provincial Cort
                 aforesayd was by the writ of Adjournmt of the said Lord Proprietary
                 adjourned untill the next day being the Twelveth day of the same
                 November.
                   At wch said Twelveth day of November in the 42th yeare of the
                 Dominion of Caecilius &c Annoq Domini 1673, came aswell the
                 said Henry Beedle and Sophia his wife by John Morecroft their
                 Attorney as the said George Wells by Mathew Ward his Attorney
                 and the Jurors of that Jury likewise Came to wit Thomas Simson
                 William Russell Tobyas Miles Thomas ffrancis Justinian Tennison
                 Richard Bailey Joseph Brough Hugh Nash Thomas Marsh Robert
                 Burle Joshua Doyen and Richard Smith, and the said Jurors being
                 called Respectively to the Booke the said Defendt George Wells Chal
                 lenged William Russell one of the Jurors retorne as aforesayd, and
                 the Court approving of his Reasons therefore, the said Defendt
                 Craved a Tales of one was by the Cort accordingly graunted and
                 the said Sheriff of St Maryes County retorned to the Cort here for
                 the said Tales Thomas Hawkins and so the said Thomas Simson