Provincial Court Proceedings, 1673.  167




      George Diamont This Cause by Consent of the Attorneys of both Liber M M

           g      sides continued untill the next Provincial Cort.
      Cornelius Carmial

      Curtis    ffletcher Edward ffitzharbert Esq and Caleb Baker late
           agt of St Maryes County Executors of the last will
      Edward ffitzherbert and Testmt of William Hattoff deceased was
      & Caleb Baker attached to answere unto Curtis ifietcher in a
                 plea of Trespas upon the case
        And whereupon the said Curtis by Keneim Chiseldine his At
      torney Complaineth that whereas the said William Hatoff upon
      the first day of May in the 40th yeare of the Dominion of Caecilius
      &c and in the yeare of our Lord 1671 stood indebted to the said
      Curtis for Eight moneths storage and Diat for himself and foure
      moneths diat for one that Tended upon him as also for seurall other
      accomodations Received at the house of him the said Curtis together
      with seurall goods and Marchandizes all bought had received and
      Delivered at Diverse dayes and times to wit from the first day of
      May in the yeare aforesayd untill the day of December in the
      same yeare a pticuler whereof is here in Cort produced amounting
      to the sume of five Thowsand five hundred forty Seaven pounds
      of Tobacco. In ConsideracOn whereof the said Wittm did assume
      upon himself and to the said Curtis did faithfully promise, that he
      the said William when thereunto Required the said suffie of five
      Thowsand five hundred forty Seaven pounds of Tobacco to him
      the said Curtis would well and truly content & pay, Notwithstanding
      which the said William the said sume of 5547l Tob in his life time
      hath not payd though required, Nor they the said Edward & Caleb
      Executors of the last will and Testamt of the said William though
      often thereunto Required Since his death hath not payd but the
      same to pay altogether denyes, whereupon the said Curtis saith he
      is Damnifyed Seaven Thowsand pounds of Tobacco & thereupon he
      bringeth his suite.
        And the said Edward and Caleb by John Morecroft their Attor
      ney doe come and Defend the force and injury when &c and say
      that the said Edward & Caleb have fully administred all and singuler
      the goods and Chattells wch were of the said William at the time of
      his death and nothing have of the goods that were of the said Wil
      liams at the time of his Death in their hands to be Administrea
      where fore they the said Edward and Caleb pray the Judgemt of
      the Cort if the sd Curtis his accoñ ought to have against them.
        And now here at this day to wit the Twelveth day of November
      in the 42th yeare of the Dominion of Caecilius &c Annoq Domini
      1673. came the said Curtis ffletcher by the said Kenehm Chiseldine
      his Attorney and offered himself agt the said Edward & Caleb of &
      upon the prmises and the said Edward & Caleb apeared not but made p. 104