112 Provincial Court Proceedings, 1679/80,

Liber W. C.

erable Sumes of money & tobacco, for which the said W^m & Marga-
rett have bin sued, & severall judgm^ts have bin obtained against
them for the same, & some are still depending against them as well
in this Court as in the County Court of S^t Maryes County some
whereof the said W^m & Margarett haue paid & satisfied, & many
others remaine yet unpaid And the said W^m & Margarett say that
they had not att the tyme of the purchasing of the original writt of
the said Samuell nor att any tyme since in their or either of their
hands or possession of the Goods or Chattles of the said Michael
that were his att the tyme of his death or any tyme since, his
funerall charges & charges in his sicknesse, & charges of Adminis-
tration deducted, sufficient to pay or satisfie the debts due to the said
Michael Rochford Creditors residing in this Province And they
demand judgm^t if they shall be compelled to answer the said Comp^ns
action till the testators Creditors in this Province be first satisfied
And the said Samuell saith, that there is no Law of this Province,
that debts due from the Estates of persons deceased to Creditors
residing in this Province shall be paid before debts of an equall or
superiour nature contracted in England, or due to persons residing
in England, And this he desires may be enquired of by the Countrey.
whereupon day is given to both parties untill next Provintiall Court
Now here att this day to witt the Eighteenth 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 Samuell Heron by
his Attorney aforesaid & offered himselfe against the said W^m Cole
& Margarett his wife in the plea aforesaid, but the said W^m &
Margarett came not but made default. Therefore itt is considered
that the said Samuell Heron recover against the said W^m Cole &
Margarett his wife Exec^x as aforesaid as well the aforesaid Sume
of One hundred pounds of good & lawfull money of England debt
As also five hundred ninety two pounds of tobacco costs of suite
And the defend^ts in mercy &c

Richard Hill
ag^t
W^m Cole & ux: Ex^x
Mich^l Rochford

W^m Cole & Margaret his wife Ex^x of the last
Will and testam^t of Michael Rochford de-
ceased were Sumoned to Answer unto Richard
Hill in a plea of trespas upon the case