408       Provincial Court Proceedings, 1677/8.

           Liber N N   said James Rigby his sole Exr And by his Will & Testament given
                   all or most of his said Estate both reall & personall to his said
                   Daughter And whereas by the Lawes & Constitucons of this Prov
                   ince, the widdowe of any person dying within this Province is after
                   debts paid and funeralls discharged to have a third part of the per
                   sonall Estate of her husband so dying as aforesaid By meanes
                   whereof the said Peter Bond & Alice his wife in right of the said
                   Alice are entituled to a third part of the personall Estate of the said
                   Wm Drury in three parts to be divided which amounts to eight thou
                   sand one hundred & twelve pounds of tobacco Yet the said James
                   Rigby the said sume of Eight thousand one hundred & twelve pounds
                   of tobacco to them the said Peter Bond & Alice his wife though
                   often thereunto required hath hitherto denyed and refused to pay &
                   satisfie & still doth deny to pay the same to the damage of the said
                   Peter & Alice twelve thousand pds of tobacco & thereupon they bring
                   their suite.
                    And the said James Rigby by George Parker his Attorney doth
                   come & defend the force & injury when &c and prayeth liberty to
                   imparle hereunto untill next Provinciall Court & itt is granted unto
                   him, the same day is given to the plts also
                    Now came here att this day to witt the Eighteenth day of June
                   in the third yeare of the Dominion of Charles Lord Baltemore &c
                   Annoq3 Doni 1678. the said parties by their Attorneys aforesaid
                   And the said James Rigby by his said Attorney saith that he is
                   content that judgemt passe agt him as Exr as aforesaid for six
                   thousand one hundred forty three pds of tobacco Therefore itt is
                   granted by the Court here that the said Peter Bond & Alice his
                   wife recover agt the said James Rigby Exr as aforesaid as well the
                   sume of six thousand one hundred forty three pounds of tobacco
                   damages occasioned by the trespas aforesaid As also six hundred
                   fifty six pds of tobacco costs of suite

                  Gasper Herman Garret VanSweringen late of St Maryes Citty Inn
                      agt holder otherwise called Garret Van Sweringen of
                 GVSweringen  St Maryes Citty in the Province of Maryland gentt
                              was sumoned to answer unto Gasper Herman of
                   Cecil County of a plea that he render unto him the full & just sume
                   or quantity of two thousand & six hundred pds of good sound
                   Mrchantable tobacco & caske which to him he oweth & unjustly
                   detaineth.
                633 And whereupon the said Gasper by Robert Ridgely his Attorney
                   saith that whereas the said Garret the one & thirtieth day of May
                   one thousand six hundred seventy six by his certaine bill obligatory
                   sealed with the seale of him the said Garret & here in Court produced
                   whose date is the day & yeare aforesaid, did acknowledge himselfe
                   to owe & justly stand indebted unto Gasper Herman of Cecil County