no Provincial Court Proceedings, 1678/9.

Liber N N

considered by the Court here that Auditors be appointed to audite &
state the accompts between the said Richard Mitchel & Charles Hea
And doe hereby order & appoint Garret VanSweringen & John
Baker Auditors to Audite & state the same, & to make report thereof
att the next Provinciall Court

James Rigby Exec^r
W^m Drury

ag^t

Hugh Merrykin

Hugh Merrykin late of Ann Arundell County
in the Province of Maryland Boatwright was
Attached to Answer unto James Rigby Exec^r
of the last Will & testam^t of W^m Drury de-
ceased in a plea of trespasse upon the case

And whereupon the said by Christopher Rousby his Attorney
complaineth, that whereas the said James by Vertue of the said Ex-
ecutorship was the fourth day of August One thousand six hundred
seventy eight possessed of certaine Cattle & Chatties to witt three
horses, two mares with foales, three Colts, five Cowes w^th Calves,
two other Cowes, two steers, two bulls, fiue heifers, eight sowes with
piggs & Seven barrowes of the price of nineteene thousand nine
hundred & fifty pounds of tobacco as of his proper Cattle & Chatties,
And so thereof being possessed afterwards to witt the tenth day of
August in the yeare abovesaid the same Cattle & Chattels out of his
hands & possession had casually lost, which Cattle & Chatties after-
wards that is to say the said tenth day of August One thousand six
hundred seuenty Eight to the hands & possession of the said Hugh
Merrykin by findeing came Notwithstanding the said Hugh well

p. 775

Knowing the said Cattle & Chattells to be the proper Cattle & Chat-
tells of him the said James & to him by Vertue of the said Executor-
ship of right to belong & pertaine, & meaning him the said James in
that behalfe craftily to deceive & defraud, the Cattle & Chatties afore-
said to the said James hath not delivered although thereunto often
required, but the said Hugh afterwards to witt the twenty third day
of September in the yeare aforesaid in Ann Arundell County afore-
said the same Cattle & Chattells to the proper use and benifitt of him
the said Hugh did convert & dispose in hinderance of the Execucon
of the last Will & testam^t aforesaid, to the damage of the said James
thirty thousand pounds of tobacco & thereof he bringeth his suite
And he bringeth here in Court the Letters testamentory of the said
W^m whereby itt may appeare to the Court here that he the said James
is Executo^r as aforesaid & right hath of Administracon &c
And the said Hugh by Kenelm Cheseldyn his Attorney cometh
& defendeth the force & injury when &c and prayeth liberty to im-
parle hereunto untill next Provinciall Court & itt is granted unto
him, the same day is given to the p^lt also
Now here att this day to witt the fourteenth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 cometh as well the said p^lt as the said Defend^t by their