Provincial Court Proceedings, 1682. 277

      And Whereupon the said Thomas Bur ford who for the said Lord Liber W. C.
    Propry in this behalfe prosecuteth for the said Lord Propry sayth
    That Whereas the said Benjamin in his life time that is to say
    the third day of June in the yeare of our Lord One thousand six
    hundsed Seaventy six at the Citty of St Maries in St Maryes County
    by his Certaine writeing Obligatory acknowledged himself to be p. 621
    bound unto the Said Lord Propry in the said Tenn thousand pounds
    to be paid unto the Said Lord Propry when he should be thereunto
    required Neverthelesse the said Benjamin in his life time and the
    aforesaid Ann to whome Administration of all and singular the
    goods & Chattles wch were of the Said Benjamin at the time of his
    death by the Said Lord Propry after the death of the said Benjamin
    was Comitted while She was Sole, and the Said Edward and Ann
    after the marriage betweene them Solemnized although often re
    quired the Said Tenn thousand pounds to the said Lord Proprietary
    have not rendered nor hath either of them rendered but have hith
    erto denyed, And the said Edward and Ann the Same to him the
    said Lord Propry doe still denye & unjustly Detaine Whereupon
    the said Thomas Burford who as aforesaid for the Said Lord
    Propry in this behalfe Prosecuteth Sayth that the said Lord Pro
    prietary is the worse and hath Damage to the vallue of ffive thousand
    pounds of Tobacco and this for the said Lord Propry he is ready
    to verify &c And he bringeth here into Court the writeing afore
    said wch Testifyeth the debt aforesaid in manner aforesaid the date
    whereof is the day and yeare abovesaid
      And Now here at this day (to wit) the Twelfth day of October
    in the Seaventh yeare of the Dominion of the Right honoble Charles
    Lord Baltemore &c Annoq Dominj 1682 Came the said Edward
    and Ann by Anthony Underwood their Attorney and defended the
    force and injury when &c. and Say that they cannot denye the
    accon of the said Lord Propry aforesaid Nor that the writeing
    aforesaid is the Deed of the sd Benjamin nor but that they deteyne
    from the said Lord Propry the Said tenn thousand pounds in man
    ner as the said Attorney who for the said Lord Propry in this be
    halhe hath above for the said Lord Propry Declared against them
    Therefore Itt is Considered that the said Lord Propry Recover
    against the Edward and Ann his Debt aforesaid and his damages
    by occasion of deteyning of that Debt to
    to the said Lord Propry of his Assent by the Court here adjudged
    of the goods and Chattles wch were of the said Benjamin at the time
    of his death in the hands of the said Edward and Ann to be Admin
    istred if Soe much thereof they have &c, And if they have not then
    the damages aforesaid of the proper goods and Chattles of the Said
    Edward to be leavyed, And nothing of amerceing the said De
    fendants because they came the first day by Sumons &c:
    The aforegoeing Judgment was Confessed in Court by