488       Provincial Court Proceedings, 1674/5.

          Liber M M  Proprietary of the said Province in the life time of the said Thomas
                  Gerard thelder to wit about the Sixtenth day of November in the
                  yeare of Our Lord One thousand six hundred seventy two into the
                  said foure hundred acres of Land called the Meadowes enter & him
                  the said Thomas Gerard the Younger did expell amove & hold Out
                  after the death of the said Thomas Gerard thelder. And the said
                  Joshua before the Rt Honble Charles Calvert Esq & his Associates
                  justices of his Lopps the Lord Proprietaryes Court of Chancery here
                  that is to say at the Citty of St Maries upon the ninth day of March
                  in the yeare of Our Lord One thousand six hundred seventy three
                  Sued Out a writ of Scire facias against the said Thomas Gerard
                  the younger to shew cause where fore the Patent for the foure hun
                  dred acres of land called the Meadowes should not be revoaked &
                  adnulled and the same into his Lopps hands be seized and gott judg
                  ment thereupon for the Vacateing the said patent. And although
                  the said Thomas Gerard the Younger did in friendly manner request
                  the said Thomas Gerard in his life time and the said Rose & John
                  Gerard since his death & pending the said writ of Scire facias to war
                  rant unto the said Thomas Gerard the Younger the said foure hun
                  dred acres of land called the Meadowes and to hold to him their
                  Covenant aforesaid Yet the said Thomas Gerard in his life time did
                  refuse & the said Rose and John since his death have refused & still
                  doe refuse to warrant the same and the Covenant aforesaid have
                  not held but have broken the same in that that the aforesaid Thomas
                  Gerard thelder his heirs executrs and admrs would warrant the a fore
                  said Mannour of Westwood and the aforesaid foure hundred acres
                  of Land called the Meadowes & every part thereof to be free & cleere
                  & freely & cleerely acquitted exonerated & discharged from all &
                  all manner of joyntures Dowers Titles of dowers mortgages former
                  grants claimes or incumbrances whatsoever of any manner of per
                  son or persons whatsoever (except before excepted) to him the said
                  Thomas Gerard the Younger his heirs & assignes for ever And the
                  said Rose & John the Covenant aforesaid to him the said Thomas
                  Gerard the Younger doe still deny to hold whereupon he saith he is
                  dampnified & hath losse to the value of Sixty thousand pounds of
                  tobacco And thereupon he brings his suite.
                   And the said Rose and John Gerard by Vincent Lowe their At
                  torny cometh &c and say they Ought not nor are bound by the Law
              p.  477 to hold Covenant with the said Thomas as above against them is
                  supposed for that the said Rose and John have paid and are engaged
                  by bills to pay Out of the estate of Thomas Gerard Esq deceased
                  more then the personall estate of him the said Thomas deceased doe
                  amount unto & have or will come to their hands as executors of him
                  the said Thomas deceased and of this they putt themselves upon
                  the Country.
                   And the Said Thomas Saith that he Ought not to be debarred