144 Provincial Court Proceedings, 1679/80.

Liber W. C.

. &c. To the sheriffe of Dorchester County greeting Wee comand you
that you take Edward Cooke & Katherine his wife, Adm^ix of Robert
Mountague deceased if they shall bee found in yo^r Baliwick & them
safe keep soe that you have their bodies before our Justices of our
Prov^a11 Court to bee held att our Citty of s^t Maryes the seaventh
day of October next to answere unto Sam^ll Hatton of a plea that
they render unto him Two thousand eight hundred pounds of to-
bacco w^ch ffrom him they unjustly detaine, hereof ffaile not att your
perill and have you there this writt &c dat y^e 7^th June 1679, w^ch
being read and heard the said Edward and Katherine prayes Judgm^t
aforesaid because they say, that betweene the writt aforesaid and
the Declaracon Whereupon the said Sam^ll brought his Writt afore-
said against the said Edw^d & Katherine by the name of Edward Cooke
and Katherine his wife of Dorchester County Adm^lx of Robert
Montague deceased, and Declared against upon that writt, by the
name of Edward Cooke of Dorchester County and Alice his wife
adm^rs of the goods and Chattels of Henry Montague deceased, and
not by the name of Edward Cooke of Dorchester County & Katherine
his wife Adm^ix of the goods and Chattells of Robert Montague
deceased as the said samuell ought to have Declared and this hee is
ready to Verifie, Whereupon the said Edward and Katherine Adm^ix
as aforesaid ffor the Variance aforesaid prayed Judgment of the
Writt aforesaid Whereupon the said plantiffes refuseth to make
any further psecution against the said Defend^ts in the plea aforesaid,
Therefore Itt is considered that the said Samuell Hatton take noth-
ing by his writt but bee in mercy ffor his falce claime thereupon,
and the said Edward and Katherine may goe thereof wout day
And also that the said Edward Cooke and Katherine his Wife Re-
cover against the said Sam^u Hatton the sume of
pounds of tobacco ffor theire costs and charges by them about theire
defence in this behalfe Laid out and Expended, And the said Edward
& Katherine may have thereof Execution

Nehemiah Blackiston
ag^t
Thomas Russell

Thomas Russell late of Baltemore County
otherwise called Thomas Russell of Charles
County in the province of Maryland was
attached to answere unto Nehemiah Black-

p. 130

istone gentl. one of the Attornyes of this Court according to the
previlidges of Attorneyes &c of a plea that hee render unto him
Two thousand two hundred pounds of Tobacco which to him hee
oweth and Unjustly Detaineth
And whereupon the said Nehemiah in his prop pson saith that
Whereas the said Thomas the thirteenth day of March Annoq
Dominj One thousand six hundred seaventy seaven by his certaine
bill or writeing obligatory sealed w^th the seale of him the said Thomas
here in Court produced whose date is the day and yeare abovesaid,