470        Provincial Court Proceedings, 1676.

           Liber N N accompt thereof that then this Obligation to be void or else to stand
                  in full force, Which being read & heard the said James by his
                  Attorny aforesaid Saith his said Lordshipp Ought not to have his
                  action against him for that the said Samuel Boston hath well & truly
                  performed the said Condition & of this he prayes the judgment of the
                  Court & the said Kenelm Attorny Generall of the said Lord Pro-
                  prietary also. Afterwards to wit the twentith day of April 1677
                  It is the judgmt of the Court here that the said writeing Obligatory
                  is forfeited to his Lopp the Lord Propry, & that the severall Creditors
                  be allowed out of the same their debts & damages at ten pounds
                  tobacco p Cent with costs of Suite, Whereupon it is granted by
                  the Lourt here that Major Benjamin Rozer recover against the said
                  James Ives the summe of nine thousand two hundred eight nine
                  pounds of tobacco (being publique tobacco which the said Samuel
                  Boston ought heretofore to have paid him) nine hundred twenty
                  eight pounds of tobacco damages & five hundred and Six pounds of
                  tobacco costs of suite
              p. 294 And it is also granted by the Court here that the Executors of
                  Capt Thomas Howell deceased recover against the said James Ives
                  (an accompt under the hand of the said Samuel Boston being pro-
                  duced & proved by the Oath of Jonathan Sibrey) the summe of nine-
                  teen hundred & five pounds of tobacco debt One hundred & ninty
                  pounds of tobacco damages & pounds of tobacco
                  costs
                   Afterwards to wit the One & twentith day of April 1677 James
                  Mills Executr (of the goods & chattells) of the said Samuel Boston
                  petitioneth the Governour That the Petitioner being informed that
                  Capt Sibrey putt into the Court yesterday some debt he pretends due
                  to Capt Howells estate from the estate of Capt Boston & the Peti-
                  tioner not being legally Sumöned to answer nor the least notice or
                  intimation given him or his Attorny concerning the same whereby
                  he might have prpared for an answer. He humbly craves he may be
                  admitted to his Answer & he doubts not but to prove the Said pre-
                  tended debt paid by the said Boston & much more. On the backside
                  of the said Petition was then endorsed.
           Let the Petr deliver this Petition in Open Court this day
                  April 210 1677.   Thoma Notley.
                   Whereupon this cause referred till the next Court.

                   Upon the Petition of John Irland & James Mills Executor of
                  Samuel Boston that the said Irland & Boston became bound to his
                  Lopp the Lord Proprietary in a certaine sume of tobacco for John
                  Turpins due administration of the estate of Wm Hewitt late of Cecil
                  County deceased, And that the said Turpin hath not performed the
                  Condition of the Said bond but wasted the goods of the intestate
                  & returned no accompt thereof into the Office for probate of wills &c