108       Provincial Court Proceedings, 1677.

               Liber N N Court and the Said Robert Carvile moved the Court as to the Suf
                      ficiency of the proveing of the said bill which the justices of the
                      Said County Court say is not proved according to Law
                       It is the Opinion of the Court here that the evidence is good.
                      Afterwards to wit the fourth day of October in the yeare aforesaid
                      Came the Said Robert Carvile and informed the Court here that he
                      hath produced the Opinion of this Court to the justices of the said
                      County Court for reversing the non suite aforesaid and that the
                      said Executors might have judgment for the debt aforesaid with
                      costs of suite, which was refused them Whereupon it is granted by
                      the Court here That the said Henry Carew Robert Carvile & Clement
                      Hill executors as aforesaid recover against the said Philip Burges
                      aswell the summe of Eight hundred pounds of tobacco the debt afore
                      said as also the summe of eight hundred fifty foure pounds of tobacco
                      costs of suite and the said Philip in mercy. 854 l tob costs.

                 p. 381 Jonathan Squire admr Lewis Blangy and Mary his wife adminis
                       John Morecroft tratrix of the goods and Chattells of Tobias
                           agt       Wells deceased was attached to answer unto
                      Lewis Blangy & Mary Jonathan Squire administratr of the goods
                      his wife admrx of and chattells of John Morecroft deceased in
                      Tobias Wells a plea of trespas upon the case.
                                      And whereupon the said Jonathan by Ken-
                      elm Cheseldyn his Attorny complaineth That whereas Mary Pyne
                      late of Kent County deceased stood in her life time indebted unto
                      the said John Morecroft in his life time the summe of One thousand
                      pounds of tobacco by bill under his hand & seale and the said Jona
                      than as administrator of the said John Morecroft comenced his ac
                      tion against the Said Tobias as executor of the said Mary the said
                      Tobias after the action so as aforesaid commenced did the day
                      ofin the yeare of Our Lord One thousand Six hundred
                      seventy  in consideration that the said Jonathan would then
                      withdraw his action as aforesaid cothenced and obtaine of the Hon
                      orable Philip Calvert then judge of probate of Wills and granting
                      administrations allowance of the Said debt and charges accrued by
                      the said action upon his accompt then to be passed by the said Tobias
                      before the said judge of the estate of the said Mary the said Tobias
                      did assume upon himselfe and to the said Jonathan did faithfully
                      promise that he the said Tobias when thereunto required would well
                      and truly pay to him the said Jonathan what the said judge for pro
                      bate of Wills and granting administrations should allow the Said
                      Tobias upon the Said accompt of the estate of the said Mary And
                      the Said Jonathan in fact Saith that the Said judge for probate
                      of Wills and granting administrations did allow the said Tobias the
                      summe of thirteen hundred pounds of tobacco to be paid to the said
                      Jonathan as administrator of the said John deceased notwithstand