102 Provincial Court Proceedings, 1679/80.

Liber W. C.
P. 92

of the last Will and testam^t of the said Charles since his death
though often thereunto required hath not paid, but the same three
thousand nine hundred & fourteene pounds of tobacco to pay hath
refused & still doth refuse in hinderance of the Execution of the
Last Will & testam^t aforesaid, whereupon they say they are the
worse & haue losse to the Value of Eight thousand pets of tobacco,
& thereupon they bring their Suite. And the said Richard & George
bring here into Court their Letters testamentory whereby itt may
appeare to the Court here that they are Ex^rs as aforesaid & right
haue of Adm^con.
And the said John Atkey by Robert Ridgely his Attorney com-
eth & defendeth the force & injury when &c and prayeth liberty to
imparle hereunto untill next Provintiall Court, & itt is granted unto
him, the same day is giuen to the p^ns also.
Now here att this day to witt the thirteenth day of ffebruary in
the fifth yeare of the Dominion of the right Hon^ble Charles Lord
Baltemore &c Annoq Doni 1679 came the said parties by their
Attorneys aforesaid And the said John Atkey by his said Attorney
saith, that the said p^ns this action aforesaid against him ought not
to haue, because he saith that the said Sume of three thousand nine
hundred & fourteen pels of tobacco he the said John Atkey according
to his pmise hath paid & Satisfied, & this he is ready to averre, &
thereupon demands judgm^t if the said p^tts their action aforesaid
against him ought to haue. And the said Richard & George say,
that the said John the said Sume of three thousand nine hundred &
fourteen pounds of tobacco according to his promise & assumption
above menconed hath not paid And this they desire may be enquired
of by the Conntrey And the said Defend^t likewise Therefore itt is
Comanded the Sheriffe of S^t Maryes County that he cause to come
here twelve &c by whom &c and who neither &c to recognize &c
because as well &c
On which said thirteenth day of ffebruary in the yeare aforesaid
came the said parties by their Attorneys aforesaid And the jurors
impannelled being called likewise came to witt Thomas Cosden,
George Godfrey, Joseph Tilley, W^m Thomas, Marmadukc Semmc,
Samuell Holdsworth, John King, James Lewis, Tho: Sedgwick,
George Holland, Robert Mason & ffrancis Corbett, who being Elected
tryed & Sworne to say the truth in the p^rmisses upon their Oathes
doe say, that the said John Atkey the said Sume of three thousand
nine hundred & fourteene pounds of tobacco according to his prom-
ise & assumption above menconed hath not paid And they assesse
the damage of the said p^tts to three thousand nine hundred & four-
teen pounds of tobacco Therefore itt is considered that the said
Richard Marsham & Geo: Lingham Ex^rs as aforesaid recover against
the said John Atkey the aforesaid Sume of three thousand nine
hundred & fourteene pounds of tobacco damages by the jurors afore-