Provincial Court Proceedings, 1677.     107

       Moyes Executrs Memorandum that in April Court to wit the six and Liber N N
       agt twentith day of April Anno One thousand Six p.380
     Philip Burges    hundred Seventy Seven Came here into Court Rob
                  ert Carvile One of the executors of Elizabeth Moy
       deceased the Executrix of Richard Moy deceased and informed the
       Court That he together with Henry Carew and Clement Hill the
       other executors brought their action in the County Court of Cal
       vert County against One Philip Burges for eight hundred & twenty
       pounds of tobacco upon bill under his hand & Seale payable to the
       said Richard Moy his heirs executT8 admrs or assignes and thereupon
       they declared by Christopher Rousby their Attorny who produced
       the Said bill in the said County Court endorsed thus John Baker
       maketh Oath that he was well acquainted with the hand writeing
       of Henry Wells a wittness to the within written bill and verily be
       leives that the said Henry Wells subscribed thereunto is the proper
       hand writeing of the Said Henry Wells who is deceased.
                            Sworne before me the 15th 7ber 1676
                                    Will: Calvert Sec.
         Which said bill and probate thereof being produced to the said
       County Court the said Philip Burges by George Parker his Attorny
       pleads non est factum and desires the said Court to judge whether
       the bill is Sufficiently proved Whereupon the Court gave their Opin
       ion and said it was not proved according to Law and therefore Order
       the plaintiffs should suffer a non suite with costs Whereupon the
       plaintiffs appeale to this Court and Security was taken for prosecu
       tion of the appeale as by the records & proceedings in the said County
       Court appeare.
         And the said Robert on the behalf e of himselfe & the other Execu
       tors of the said Richard Moy prayed liberty of the Court here that
       the debt in question though it be notwithin the cognizance of this
       Court yet as they are executors they may bring their action anew in
       this Court whereby they may more fully evidence the truth in the
       prmisses and thereupon a capias is awarded to the Sheriff of Calvert
       County that he take the said Philip Burges otherwise called Philip
       Burgesse of the County aforesaid in the Province of Maryland if
       he should be found in his Bailiwick and him Safe Keepe So that
       he have his body here the ninetenth day of June One thousand six
       hundred Seventy Seven to answer unto Henry Carew Robert Carvile
       & Clement Hill Executors of the last will and testament of Elizabeth
       Moy widdow executrix of the last will & testament of Richard
       Moy deceased in a plea that they render unto them eight hundred and
       twenty pounds of tobacco which from them he unjustly deteineth.
       Att which said nintenth day of june the same Sheriff maketh re
       turne of the writ aforesaid That the said Philip Burges is not found
       in his Bailiwick Afterwards to wit the three and twentith day of
       june in the yeare aforesaid the said appeale being produced here in