76        Provincial Court Proceedings, 1677.

             Liber N N  fendeth the force & injury when &c and prayeth liberty to imparle
                    hereunto untill next Court the same day is given to both parties.
                    Afterwards to witt the Eighth day of October Anno 1677 Came
                    the said Thomas Bankes by his said Attorny & saith that the afore
                    said Samuel Millington execution against him or the estate of the
                    said George Beckwith deceased of the aforesaid severall summes by
                    him in forme aforesaid demanded Ought not to have because he
                p. 359  saith that the said judgment was illegally and Surreptiously obtained
                    in the plaintiffs name against the said George Beckwith without the
                    plaintiffs consent or any warrant of Attorny from the said Samuel
                    to justifie such recovery, and that the said George in his life time
                    & long before the said recovery had against him by the said Samuel
                    paid the said summe of two thousand pounds of tobacco to the Said
                    Samuel & this he is ready to verifie whereof he demands judgment
                    if the said Samuel execution agt him or the estate of the said George
                    Beckwith ought to have &c.
                      And the said Samuel by Christopher Rousby his Attorny saith
                    that by any thing in the aforesaid plea conteined he the said Samuel
                    ought not to be hindred from haveing execution upon the judgment
                    against the estate of the said George Beckwith for that the said
                    judgment was not illegally or surreptitiously Obtained nor did the
                    said George Beckwith in his life' time pay the said two thousand
                    pounds of tobacco to the said Samuel Millington &c.
                      Which being read & heard & the said plea judged insufficient to
                    debarre the said Samuel from haveing Execution aforesaid It is
                    granted by the Court here that execution issue accordingly, and that
                    the Said Samuel Millington recover against the estate of the Said
                    George Beckwith the debt & costs aforesaid together with six hun
                    dred fifty foure pounds of tobacco costs of Suite Sithence expended.

                     Wm Gittings  Richard ffenwick late of Calvert County
                        agt Gent admr of the goods & chattells wch were
                     Richard ffenwick admr lof Cuthbert ifenwick late of the County
                      Cuthbert ffenwick aforesaid Gent decd was attached to answer
                                    unto Wm Gittings Gent in a plea of trespas
                                    upon the case.
                      And whereupon the said William by Christopher Rousby his
                    Attorny complaineth that whereas the Said Cuthbert the 20th day
                    of March 1673 in consideration that he the said Wm at the Speciall
                    instance & request of him the said Cuthbert would authorize him the
                    Said Cuthbert to collect certaine summes of tobacco due to him the
                    said Wm from Severall persons within this Province, and would
                    allow him the said Cuthbert usuall Salery for his paines therein to
                    wit ten pounds by the hundred for every hundred pounds of tobacco
                    which he the said Cuthbert should collect of the debts aforesaid did
                    assume & faithfully promise that he the said Cuthbert would not only