Provincial Court Proceedings, 1672/3.  61




      by severall writs) for the space of Five dayes to Each Cort, and in Liber M M
      Aprill Cort aforesayd when the Cause came to hearing did appeare
      and give Evidence on the behalf e of the said plt the said petrs hum
      bly begg ordr agt the said Tovey for their Charges at 30 Tob p day
      amounting in the whole to the Sume of Thirteene hundred and fifty
      pounds of Tobacco a peice.
        Upon wch said peticion of the said Rousby and Swinfen It is by the
      Cort ordered that Thomas Tovey in ye said peticion named doe pay
      unto the said petrs Each of them thirteene hundred and fifty pounds
      of Tobacco, for their attendance & Expences in wayting upon the
      said Cause in all amounting to the sume of Two Thowsand seaven
      hundred pounds of Tobacco and Caske. It being allowed to them
      by this Cort for their attendance as aforesayd.

        Then did Richard Smith of Calvert County gentl acknowledge
      in open Court that his Excellency Charles Calvert Esq had payd
      unto him the sume of Fourteen Thowsand pounds of Tobacco in
      full satisfaction of a bond of Twenty Thowsand pounds of Tobacco
      passed unto the said Smith by the hono :ble Will Calvert Esp which
      said bond the said Smith did here in open Cort declare he would
      Deliver up upon Demand to the said William or his assignes.

        Then did the Sheriff of Calvert County bring into this Cort the
      body of Richd Smith of Calvert t. County gentl, by him taken upon
      a writ of cap ad sat at suite of Peter Corcellis issueing out of this
      Cort & retornable here this day wch said Smith was Delivered into
      the Custody of the Sheriff of St Maryes County by him to be
      Kept in prison untill he should satisfy unto the said Peter the
      sume of 34089 l Tob. and the said Richard in mercy &c
     Benjamin   Cloyster plt To his Excellency Charles Calvert Esq p.3
             agt Capt Generall the honoble the Chancelour,
      Richard Smith admr of and the Rest of the Justices of the Pro
        Tho:    Manning deft vincial Court

        The humble peticion of Benjamin Cloyster plt. Humbly sheweth.
        That yor petr comenced two suites agt Richard Smith, Admr of
      Thomas Manning in Calvert County Court, who appeared in June
      last in the said Court and pleaded plene administravit, and to prvent
      a fi : fac issueing out agt the Testators Estate which then could have
      beene found, the said Richard prayed imparliance till August Court,
      and then would satisfy the Court by his accompt that he had fully
      administered which was graunted, That in August Court it appeared
      by his accompt that he had very great quantityes of Tob in his hands
      belonging to the Testators Estate which were assets in his hands and
      ought to pay debts, but the interest transplanted and Converted to
      his owne use, and being so found faulty the Court granted Judgmt