Provincial Court Proceedings, 1674.   4




       at the next Provinciall Court under his Seale & the Seales of them Liber M M
       by whose Oathes he make that partition.

      John Mayo       William Stacey and Mary his wife executrix
        agt of the last will and testament of Richard
   William Stacey & ux:    Stacey deceased was Sumoned to answer
                      unto John Mayo in a plea that he render unto
                      him the summe of eleven hundred eighty and
                      foure pounds of tobacco which from him
                      they unjustly deteine.
        And whereupon the said John by Kenelm Cheseldyn his Attorny
       Saith that whereas the said Richard Stacey in his life time to witt
       the 15th day of february in the yeare 1672 did by his certaine write
       ing Obligatory Sealed with the seale of the said Richard here in
       Court produced whose date is the day and yeare abovewritten bind
       himselfe his heirs executors admrs or assignes to pay or cause to be
       paid unto the said John Mayo his heirs executrs admrs or assignes
       the full and just Summe of eleven hundred eighty foure pounds of
       good Sound merchantable tobacco in caske according to Act of As
       sembly due for to be paid at or upon the tenth day of October next p. 414
       ensueing the date thereof in Some convenient place in Petuxent
       River Notwithstanding which the Said Richard Stacey in his life
       time nor the said William and Mary since his death executrix of
       the last will and Testament of the said Richard though often there-
       unto required hath not paid but the same to pay hitherto hath and
       Still doth deny to the damage of the said John Mayo the Summe
       of two thousand pounds of tobacco and thereupon he bringeth his
       suite.
        And the aforesaid William and Mary by Robert Ridgely their
       Attorny come and defend the force and injury when &c and the said
       William and Mary Say that since administration to the said Mary
       cothitted of the goods and Chattells of the said Richard Stace de
       ceased and in performance of the testament of the said Richard the
       execution whereof being comitted to the said Mary to witt the tenth
       day of March in the yeare 1673 the said William Stacey unto the
       said John Mayo the said eleaven hundred eighty foure pounds of
       tobacco by the hands of Thomas Kemp according to the tenor of
       the said writeing Obligatory hath paid and of this he putts himself e
       upon the judgment of the Court and the said John also.
        Now here at this day to wit the fourtenth day of December in
       the 43th yeare of the Dominion of Caecilius &c the Court being fully
       Satisfied that the debt aforesaid is fully Satisfied and paid doe Order
       that a nonsuite be awarded against the said John Mayo and that the
       said John pay unto the said William & Mary the Summe of fourteen
       hundred forty two pounds of tobacco for their costs and charges in
       this behalfe laid Out and expended and the said John in Mercy for
       his false claime.