352       Provincial Court Proceedings, 1677/8.
              Liber N N May 10th 1675To one dozen of pills to Nathl Howell att 30
                               For Tho: Howell a pectorall Julip     6o
                               Ditto one Cordiall           40
                               To ditto voyage attendance boat & hands    140
                     1674                                 3312
                                    p Contra is Cr in tob    —
                               By 1000 foote of plank1000
                               By 11 1/2lb suger att 6d p pound..    69 1069
                                    Rest due to ballance  2243
                                    more two pds powder     24
                                                           2267.
                                    Errors excepted p me Geo: Wells
                   To the Worppll Justices of Cecil County
                               The humble peticon of George Wells
                                   Sheweth
                     That whereas Capt Thomas Howell late of the said County stood
                   indebted to yor Petr to ballance att his decease the just sume of two
                   thousand two hundred sixty seven pds of tobacco as by accompt more
                   att large may appeare
              Now yoh Petr humbly requests yor worpps order for his
                                  said debt
                          And he as in duty bound shall ever &c
                          True copy examined p Swithen Wells.
                   As by the same transcript may appeare
                     Afterwards to witt the day of One thousand six
                   hundred seventy six came before the Justices of the Provinciall
                   Court aswell the said John & Nathaniel Howell by the said Robert
                   Carvile their Attorney as the said George Wells by George Parker
                   his Attorney & the said John & Nathaniel say, that in the Record &
                   proceedings aforesaid as also in the rendring of Judgemt aforesaid
                   itt is manifestly erronious in this
                     That itt doth not appeare by the Record & proceedings aforesaid
                   that any writt or summons issued out agt the said John & Nathaniel
                   Howell the Exrs oi Thomas Howell to appeare answer & defend
                   themselves agt any suite of the said George Wells prosecuted touch
                   ing the Estate of their said Testator, which ought to have bin done,
                   otherwise the said County Court ought nor could in Law take
                   any Cognizance of the said George Wells supposed action, & for that
               p. 585   reason the whole proceedings are extrajudiciall illegall And erronious
                   being done ex parte, especially in the case of an Exr where there was
                   no privity of his testators supposed debt, which is agt Law.
                     Also itt is erronious in that itt is said, Whereas Capt George Wells
                   made itt appeare to the Court that Capt Thomas Howell stood in
                   debted unto him att the tyme of his decease the just sufhe of two
                   thousand two hundred sixty seven pounds of tobacco as p account.