Introduction.

          xxxii

          the Neales be acquitted and that they recover against Russell 4668 pounds of
          tobacco for their costs and charges. Russell was committed to the custody of
          the sheriff, but on May 4, 1675 he could not be found. Thereupon the Neales
          asked for and got an elegit against any land or goods or chattells Russell might
          have (ibid., p. 581).
           The historian must think that the clerk (who is often grossly careless), has
          left out a line or even two lines from the record on folio 460, which is page
          469 post. The Court hears the jury verdict and deliberates maturely and dili
          gently, “because it Seemeth to the Court here by the Evidence of the ancient
          Inhabitants . . . here at the barre upon their Oathes Viva Voce given and
          also by the Verdict of the jury aforesaid here at the barr delivered up”. The
          record in no way indicates what it was that seemeth to the Court: the end of
          the sentence just is not there. Could it have been that they thought the verdict
          of the trial jury was against the evidence?
           The case of Thomas Gerard v. John and Rose Gerard involved, as had that
          of Edward Connery v. John and Rose Gerard, a suit over the failure to keep
          a covenant. On January 9, 1671/2, Thomas the younger bought from his
          father the four-hundred acre manor of Westwood, and another four-hundred
          acre tract called the Meadowes. For that land he was to pay to Marmaduke
          Snow, who was his uncle, the 6ooo pounds of tobacco which his father, Thomas
          Gerard the elder, had agreed to pay Snow as the price of a release of claims
          against St. Clement's lands (Archives, LVII, p. 89). The indenture specified,
          as most indentures d.id, that the seller, Thomas the elder, was to warrant the
          land to the buyer, Thomas, the younger. Within less than a year, the younger
          man was dispossessed from the Meadowes by Robert and Joshua Doyne, and
          Thomas asked his father to make good on the warrant. The father refused
          and his executors, John and Rose Gerard, had refused and had continued to
          refuse. Accordingly, on February 16, 1674/5, Thomas Jr. brought his action
          for 60,000 pounds of tobacco damages (post, p. 488). He was represented by
          Robert Carvile, the executors by Vincent Lowe, the attorney general of the
          Province in his private capacity. Lowe said the executors had already paid out
          more than the personal estate would amount to, the plaintiff said they had not
          done so, and both sides put themselves upon the country. The jury in due
          course found for the plaintiff in the amount of 35,000 pounds of tobacco dam
          ages and 2008 pounds costs and charges (ibid., p. 489). The sheriff of
          St. Mary's was ordered to make, that is, to collect, from the executors, but he
          reported, on May 4, 1675, that he could find only 1400 pounds. Hereupon
          Thomas asked for and got an elegit for the remainder (ibid., p. 573). Edward
          Connery, who had sued these same executors for the same thing, their failure
          to warrant land, on May 7, 1675 recovered a verdict of 25,000 pounds of
          tobacco damages and 2434 for costs. Clearly John and Rose Gerard were having
          a hard time.

                               SERVANTS

           Of cases involving servants, the majority came up and were settled in the
          county courts. Records of county courts already published in the Archives of