392        Provincial Court Proceedings, 1674.

         Liber M M   nough or his assignes for compleateing the full Sume aforesaid And
                 the said Henry Webb was to Stand to the adventure of the Said
                 tobacco to England Notwithstanding which the said William in his
                 life time nor the Said John Since his death the said Sume of Sixty
                 pounds and eight Shillings Sterling to him the said Henry in his
                 life nor to the said Samuel after his death hath not paid but the
                 same to him to pay doth refuse and also whereas William Battin
                 in his life time Stood also indebted to the Said Henry in his life
                 time to witt the 29th day of September in the yeare 1654 in the
                 Sume of three pounds five shillings for divers other goods and
                 merchandizes by him the said Henry in his life time Sold to him the
                 Said Wm in his life time in consideration whereof the said Wm did
                 assume upon himselfe to pay to the said Henry in his life time in
                 manner and forme as is above expressed Notwithstanding which the
                 Said William in his life time nor the said John after his death the
                 said Summe of three pounds five shillings according to the promise
                 of the Said Wm in his life time hath not paid but the same to pay
                 doth altogether refuse whereupon he Saith he is dampnified and hath
                 losse to the Value of One hundred pounds Sterling and thereupon he
                 bringeth his Suite and he bringeth into Court the Said Letters of
                 administration by the Honble Philip Calvert Esq Cheife judge and
                 Cothissary for the Probate of Wills and granting of administrations
                 granted whereby it may appeare to the Court here that the Said
                 Samuel is the Administrator of the goods and Chattells of him the
                 Said Henry.
                   And the Said John by Robert Carvile his Attorny Saith that the
                 said Wm Battin did not assume upon himself e and to the Said Henry
                 Webb promise in manner and forme as the Said Samuel hath above
                 declared against him and of this he putts himselfe upon the Coun
                 try and the plaintiff likewise. Therefore Comand is given to the
                 Sheriff of St Maries County that he cause to come here twelve &c
                 who neither &c by whom &c to recognize &c because aswell &c.
             p. 398 Now here at this day to witt the twelfth day of December in the
                 43th yeare of the Dominion of Caecilius &c came the Said Samuell
                 by Kenelm Cheseldyn his Attorny and the Said John by Robert
                 Carvile his Attorny and the jurors of that jury likewise came to witt
                 Philip Lines John Bigger Richard ifountaine Lodowick Williams
                 Richard Bayly George Marshall Thomas Doxey Thomas Gant
                 Thomas Kemp John Hollins George Gunnell and Richard Rigell
                 Who being impannelled Sumoned & sworne to Say the truth in the
                 premisses upon their Oathes doe Say Wee find for the plaintiff that
                 the defendant pay unto him Sixty three pounds thirteene Shillings
                 and also foure pounds damages with costs of Suite. Therefore it is
                 considered by the Court here that the Said Samuel recover against
                 the Said John of the estate of the Said Wm Battin the summe of
                 Sixty Seaven pounds thirteene Shillings as also the Sume of One