316  Provincial Court Proceedings, 1674.




        Liber M M   charges in this behalf e laid Out and expended and the Said Edward
                Roe in mercy &c.

                Thomas Bland
                    agt    Continued untill next Court
                Thomas Gant

                 Philip Shapleigh & Joyce his wife John Steward late of Dorches
                  executrix of the last will & testamt ter County was Sumoned to
                  of Daniel Holland deceased answer unto Philip Shapleigh
                    agt                 and Joyce his wife executrix
                John Steward            of the last will and Testament
                of Daniel Holland deceased in a plea that he render unto them the
                sume of four hundred pounds of tobacco which from them he
                unjustly deteineth
                  And whereupon the Said Philip and Joyce by Keneim Cheseldyn
                their Attorny Say that whereas the said John Steward the 11th day
                of January in the yeare 1671 by his certaine writeing Obligatory
                Sealed with the Seale of the Said John here in Court produced whose
                date is the day and year abovewritten did bind himself his heirs
                executors and administrators to pay or cause to be paid unto the Said
                Daniell Holland of the same County his heirs executors or adminis
                trators the full and just quantity of foure hundred pounds of tobacco
                in caske due to be paid at or upon the tenth day of October next
                ensueing the date thereof at his Said dwelling plantacon notwith
                standing which the said John the Said Summe of foure hundred
                pounds of tob according to the tenor of his Said bill hath not paid
            p.236   though often thereunto required to the Said Daniell in his life
                time nor to the Said Joyce while She was Sole nor to the Said Philip
                and Joyce Since espousalls executrix of the last will and Testament
                of the Said Daniell but the Same to pay altogether denies to the
                damage of the Said Philip and Joyce eight hundred pounds of to
                bacco & thereupon they bring their Suite.
                  And the Said Philip and Joyce bring also here into Court the
                letters testamentary of the Said Daniell that it may appeare to the
                Court here that She is executrix of the Said will and thereupon to
                have administration
                  And the Said John Steward by Vincent Lowe his Attorny Saith
                that the plaintiffs abovesaid Ought not to have their action because
                that the Same day and yeare of makeing the writeing that is to Say
                the 11th day of January in the yeare of Our Lord God 1671 Daniell
                Holland by his certaine bill of acquittance which the deft brings
                here into Court the date whereof is the Same day and yeare abovesaid
                he the Said Daniell Holland acquitted him the Said John Steward
                by the name of John Steward of all bills bonds and accompts what-