260 Provincial Court Proceedings, i6?p/8o.

Liber W. C.

Desiardins Since his death was Comitted the said sume of three
thousand Two hundred pounds of Tobacco & Casq to him the said
Archibold Arthur according to the Teno^r of the Said bill or writeing
obligatory Although thereunto often required hath not payd, but
the same to pay hath altogether denyed and Refused and Still doe
denye & refuse to pay the Same, to the greate damage of him the
said Archibold Arthur, whereupon hee saith that hee is damnifyed
and hath Losse to the Vallue of ffive thousand pounds of Tobacco,
and thereupon hee bringeth his Suite

P. 233

And the Said Josias and James by Robert Ridgely their Attorney
Come and defend the force and injury when &c. and pray Liberty
to imparle hereunto untill next Provinciall Court and It is granted
unto them the Same day is given to the plantiffe also :
Afterwards To witt the Eighteenth day of ffebruary in the ffifth
yeare of the Dominion of The Right hono^ble Charles Lord Baltemore
&c Annoq Domini 1679 came the Said partyes by their Attorneys
aforesaid, and the said Josias and James by their Said Attorney
Say, That the aforesaid plantiffe his accon aforesaid against them
ought not to have, because they say that They have fully administred
all and Singuler the goods Chattles & Credits w^ch were of the said
John Desiardines at the time of his death in their hands to bee
administred of, nor any goods & Chattles unadministred in their
hands had of the deceaseds at the time of the p^ns sueing out the
originall writ upon this accon, nor at any time afterwards, and this
they are ready to averre, and thereupon Demands Judgm^t if the
aforesaid p^ll his accon aforesaid against them ought to have
And the said Archibold Arthur by his said Attorney saith, That
hee by any thing before alleadged ought not to bee debarred from
haveing his accon aforesaid, because hee sayth that they the said
Josias Lenham and James Balderston, the day of the Issueing forth
the originall writ, of him the S^d Archibold Arthur had divers goods
& Chattles w^ch were the aforesaid Jn^o Desiardines at the time of his
death in their hands to be administred to the vallue of the afore-
said debt of three thousand Two hundred pounds of Tobacco.
Whereby they Were able to satisfy him the same debt, and this hee
prayeth may bee Enquired of by the Country, and the s^d defend^ts
Likewise, Therefore It is Comanded the Sheriffe of S^t Maryes
County That hee cause to Come here Twelve &c. by whome &c. and
who neither &c. To Recognize &c. because as well &c.
On w^ch said ffourteenth day of ffebruary in the yeare aforesaid
Came the said partyes by their Attorneys aforesaid, and the Juro"
impannelled being called Likewise came. To witt, Robert Ellis
William Thomas, Henry Exon, James Veitch, Thomas Beale, Sam"
Dobson William Boydon, Bernard Johnson, Thomas Allanson, Ed-
ward Sise, Gilbert Turbervile & Jn^o Richardson who being Elected
Tryed and Sworne to say the truth in the p^rmisses Upon their oaths