Provincial Court Proceedings, 1678/9. 87

George Macall would imploy one Robert Macklin then liveing in
Talbot County his loveing friend to receive the same, & would de-
liver unto the said Matthew the said bills together with the said
Letter of Attorney, the said Matthew did assume upon himselfe, &
to the said George did faithfully promise that he the said Matthew
would deliuer the same to the said Robert Macklin & returne a re-

Liber N N

ceipt to the said George from the said Robert Macklin for the said
debts And the said Robert & Ann in fact say that the said George
in his life tyme did deliver the said bills & Letter of Attorney afore-
said to the said Matthew to be delivered to the said Robert Macklin
as aforesaid to be received for the use of him the said George as
aforesaid Notwithstanding which the said Matthew in his life tyme
nor the said Mary since his death Exec^x of the last Will & testa-
ment of the said Matthew according to his promise the receipt afore-
said for the said bills from the said Robert hath not returned to the
said George in his life tyme nor to the said Robert & Ann since his
death Exec^x of the last Will & testam^t of the said George though
often thereunto required, but the same to returne hitherto hath &
still doth deny to returne whereby the said Robert & Ann are un-
capable of recovering the debts aforesaid to the damage of the said
Robert & Ann Eighteen thousand pounds of tobacco & thereupon
they bring their suite
And the said Mary by Robert Carvile her Attorney cometh &
defendeth the force & injury when &c and prayeth liberty to imparle
hereunto untill next Provinciall Court & itt is granted unto her, the
same day is given to the plaintiffes also
Now here att this day to witt the thirteenth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 came as well the said plaintiffes as the said Defend^t by
their Attorneys aforesaid And the said Mary by her said Attorney
saith, that the plaintiffes their action aforesaid against her ought
not to haue, because she saith that the said Matthew Ward in his
life tyme to witt upon the seventh day of January One thousand six
hundred seventy foure did deliuer unto the said Robert Macklin the
bills & Letter of Attorney in the list to the said Declaracon annexed
menconed, & took a receipt for the same, & gave an accompt thereof
to the said George Macall in his life tyme according to his promise
aforesaid And the said Macklin in his life tyme & W^m Bishopp
Administrato^rs of the Goods & Chattels of the said Robert Macklin
since his death haue fully accompted w^th the said George Macall in
his life tyme or with Ann Macall Exec^rs of the said George Macall
since his death while she was sole, & with the said Robert & Ann
since their intermarriage of for & concerning the same bills And the
said Mary ought not to be charged therewith And this she is ready
to averr And demands judgem^t if the said plaintiffes their accon
aforesaid against her ought to haue Which being read & heard the

p. 754