Provincial Court Proceedings, 1679. 169

And whereupon the said Thomas John W^m & Robert by Kenelm
Cheseldyn their Attorney say, that whereas the said Samuell Lead-
beater the day of in the yeare of our Lord one
thousand six hundred Seventy six by the hands of one Hugh
Reynolds Master of the good Shipp Ann & Elizabeth of Liverpoole
received Sixteen hogsheads of tobacco containing neat the Sume of
Six thousand foure hundred pounds of tobacco, to render a rea-
sonable accompt thereof to the said John Cuningham when there-
unto required Neverthelesse the said Samuell Leadbeater although
often required his reasonable accompt to the said John in his life
tyme of the same hath not rendred nor to the said Thomas John

Liber N N

William & Robert since his death Ex^rs of the last Will & testam^t of
the said John Cuningham but the same to him to render hitherto
hath & still denies to render to the damage of them the said Tho:
W^m John & Robert the Sume of tenn thousand pounds of tobacco
and thereupon they bring their suite ~ And the said Thomas John
W^m & Robert bring here in Court the Letters testamentory of him
the said Cuningham that itt may appeare to the Court here that they
are Ex^rs of the said John of the testam^t aforesaid, & thereupon to
haue Administracon.
And the said Samuel Leadbeater by Robert Ridgely his Attorney
cometh & defendeth the force & injury when &c & prayeth liberty to
imparle hereunto untill next Provintiall Court & itt is granted unto
him, the same day is giuen to the plaintiffes also
Now here att this day to witt the Seventh day of June in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1679 cometh as well the said plaintiffes as the said Defend^t
by their Attorneys aforesaid And the said Defend^t by his said At-
torney saith, that as to the said Sixteene hogsheads of tobacco con-
taining Six thousand foure hundred pounds of tobacco which the
aforesaid plaintiffes above suppose him the said Samuel to haue
received by the hands of the aforesaid Hugh Reynolds & by the
appointm^t of the said John Cuningham the said Samuel saith that
he never was Receiver of the same tobaccoes of the said John Cun-
ingham by the hands of Hugh Reynolds as the said plaintiffes by
their declaracon aforesaid above thereof supposeth And of this he
putts himselfe upon the Countrey And the said plaintiffes also.
Therefore itt is comanded the Sheriffe of S^t Maryes County that he
cause to come here twelve &c by whom &c, and who neither &c to
Recognize &c because as well &c On which said Seventh day of June
in the yeare aforesaid cometh the said parties by their Attorneys
aforesaid And the jurors impannelled being called likewise come
to witt John Evans, Stephen Murty, Samuel Asbiston, Richard
Sweatnam, Anthony Evans, Nicholas Racket, Robert Smith, Henry
Penington, Theophilus Turford, James Harrison, Robert Toate &
Elias Beech who being Elected tryed & Sworne to say the truth in

p. 828