Provincial Court Proceedings, 1674/5. 489




       from haveing his action aforesaid against them the said Rose Gerard Liber M M
       and John Gerard for that he Saith that they the Said Rose and John
       have not fully administred and paid Out of the estate of the Said
       Thomas Gerard deceased nor are indebted by debts of a high nature
       beyond what assetts are come to the hands of them the said John &
       Rose and of this he putts himselfe upon the Country and the de
       fendants likewise. Therefore Comănd is given to the Sheriff of
       St Maries County that he cause to come here twelve &c by whom
       &c who neither &c because aswell &c to recognize &c.
        Now here at this day to wit the fiftenth day of ffebruary in the
       43th yeare of the Dominion of Caecilius &c came the said Thomas
       Gerard by his Attorny & the said Rose & John Gerard by their At
       torny and the jurors of that jury came likewise to wit John Bailey
       John Luellin Richard Ackworth Morgan Jones Henry Rider John
       Hunt Thomas Doxey John Doxey Joseph Edloe Richard Ball
       Thomas Courtney and Stephen Murty who being impannelled sum
       ăned & Sworne to Speake the truth of & in the premisses Upon their
       Oathes doe Say They find for the plaintiff five and thirty thousand
       pounds of tobacco Therefore is is considered of by the Court here
       that the said Thomas Gerard recover of the estate of the Said
       Thomas Gerard Esq deceased the said summe of five and thirty thou
       sand pounds of tobacco for his damages occasioned by the trespas
       aforesaid as also the summe of two thousand & eight pounds of
       tobacco for his costs & charges in this suite expended.

       Edward Conery John Gerard and Rose Gerard Late of St
       John Gerard and Maries County executors of the last will &
      Rose Gerard executrs Testament of Thomas Gerard lately called
        of Thomas Gerard Thomas Gerard of St Clements Mannour Escp
                     were SumOned to answer unto Edward Conery
                     of a plea that they hold unto him the said
                     Edward Conery the Covenant made betweene
                     the said Thomas Gerard of the One part and
                     the said Edward Conery of the other part ac
                     cording to the force forme and effect of cer
                     tame Indentures thereupon betweene them
                     made.
        And whereupon the said Edward by Robert Carvile his Attorny
       saith that whereas by a certaine Indenture made at St Clements
       Mannour in St Maries County aforesaid upon the Sixth day of
       October in the yeare of Our Lord One thousand Six hundred Sixty
       Six betweene the aforesaid Thomas Gerard Esq in his life time of
       the One part & the aforesaid Edward Conery of the other part, which
       other part signed with the seale of the aforesaid Thomas Gerard the
       said Edward produceth here in Court whose date is the day and
       yeare abovesaid It is witnessed that the said Thomas Gerard Esp