380        Provincial Court Proceedings, 1683.

 Liber W. C.     Said bill, Nor hath the said Nicholas payd the same to the said
                 Thomas in his said Capacity since the death of the said Richard,
                 but the same to the said Richard in his life time or to the said
                 Thomas in his said Capacity since the death of the said Richard
                 to pay and satisfy although often demanded hath denyed and still
                 doth denye, To the damage of the said Thomas in his said Capacity
                 ffive thousand pounds of tobacco And thereupon he brings his suite
                 And here in Court produces his Letters Testamentary Whereby &c.
                  And the said Nicholas Hackett by Robert Carvile his Attorney
                 cometh and defendeth the force and injury when &c. And prayeth
                 liberty to imparle hereunto untill the next Provinciall Court And
                 it is granted unto her, and the same day is given to the plt also:
                  Now here at this day to wit the second day of July in the Eighth
                 yeare of the Dominion of the Right honoble Charles Lord Balte
                 more &c Annoq Doni 1683 came the said partyes by their Attor
                 neys aforesaid And the said Nicholas Hackett by his said Attorney
                 sayth that he with the debt aforesaid in the Declaration mentioned
                 ought not to be burthened, because he sayth the bill or writeing
                 obligatory in the Declaration aforesaid mentioned is not his act
                 and deed And of this he putts himself upon the Country And the
                 plt likewise, Therefore it is comanded the sheriffe of st Maries
                 County that he Cause to come here Twelve &c. by whome &c. and
                 Who neither &c. to recognize &c. because aswell &c:
                  On wch said second day of July in the yeare aforesaid Came the
                 partyes aforesaid by their Attorneys aforesaid And the Jurors im
                 pannelled being called likewise came (to wit) Philip Lynes, Richard
                 Keene, John Hungerford, Richard Royston, John Power, Samll
                 Dobson, John Wilkinson Thomas Stonestreet, James Phillips.
                 Stephen Murty, Dennis Hurley & Hugh Hopewell, Who being
                 elected tryed and Sworne to say the truth in the premisses Upon
      p. 708     their Oathes doe say, That the bill or writeing obligatory in the
                 Declaracon aforesaid mentioned is not the act and deed of the said
                 Nicholas Hackett. Itt is therefore considered by the Court here that
                 the said Thomas ffisher ffisher Admr as aforesaid take nothing by
                 his writ aforesaid but be in mercy for his false Clayme therein
                 and that the said Nicholas Hackett goe thereof without day


                Raymond Stapleford Thomas Cooke late of Dorchester County
                    agt otherwise Called Thomas Cooke of the
                Thomas Cooke County of Dorchester in the Province of
                Maryland gentl was sumoned to answere unto
                 Raymond Stapleford of a plea that he render unto him Twenty
                 and two pounds six shillings and tenn pence sterling money of
                 England to him he oweth and unjustly detaineth
                  And whereupon the said Raymond Stapleford by Robert Carvile
                 his Attorney Complaineth That whereas the said Thomas Cooke