174       Provincial Court Proceedings, 1673.

         Liber M M  Patuxent the full and Just Sume of Twelve hundred pounds of good
                 Marchantable Tobacco in Casque to be payd unto the said William
                 his heires Executors Administrators or assignes at or upon the Tenth
                 day of October next Ensueing, Notwithstanding wh the said Henry
                 Mitchell the said sume of Twelve hundred pounds of. Tobacco to
                 him the said William in his life time nor to him the said Garrat to
                 whom Admcon of all and singuler the goods and Chattells wch were
                 the said Williams at the time of his death since his death hath beene
                 committed hath not payd according to the Tenor of the said bill
                 though often thereunto required but the same to pay hath Denyed
                 and yet doth altogether Deny to the Damage of the said Garrat
                 2000l Tob and thereupon he bringeth his suite and the said Garrat
                 bringeth here in Cort the Letters of Admcon to him graunted of all
                 and singuler the goods and Chattells which were the said Williams
                 at the time of his Death since his death to him comitted that it may
                 appeare to the Cort here that he is Admr & hath Admcön thereof.
                  And the said Henry Mitchell by Vincent Lowe his Attorney doth
                 come & Defend the force & injury when &c and prayeth liberty of
                 Speaking thereunto untill the first day of the next Provincial Cort
                 and the same day is given to both ptyes.
                  At wch day that is to say the Twelveth day of November in the
                 42th yeare of ye Dominion of Caecilius &c Annop Domini 1673.
                 came the aforesayd Garrat by Kenelm Chiseldine his Attorney and
                 offered himself agt ye sd Henry of & upon the prmises and the said
                 Henry appeared not but made Default whe fore it is Considered
                 by the Cort here that the said Garrat Vanswearingen Recover agt
                 ye sd Henry Mitchell aswell the said sume of Twelve hundred pounds
                 of Tobacco as also ye sume of three hundred and eight pounds of
                 Tobacco for his costs & Charges in this behalfe Expended & the said
                 Henry in mercy &c.

                 Edward ffitzherbert .
                               this Cause was Discontinued for want of prose
                    agt
                              cution.
                 James Lewis

                Thomas Mathewes Thomas Mathewes complaineth agt Thomas
                    agt Wynn Cryer of the provincial Cort in a plea
              Thomas Wynn     of Debt according to the libertyes & privi
                              ledges &c
                  And whereupon the said Thomas Mathewes by Kenelm Chisel-
                 dine his Attorney saith that whereas the said Thomas Wynn the
              14th day of ffebruary in ye yeare 1673. by his certeine writing obliga
                 tory sealed with the seale of the said Thomas and here in Court
                 produced whose date is the day and yeare abovewritten did binde
                 himself his heires Executors Admrs or assignes to pay or Cause to
                 be payd to the said Thomas Mathewes the full and Just sume of
                 three thowsand foure hundred & fifty two pounds of good Mar-