Court and Testamentary Business, 1643. 217

      last somer and the somme so levied pay into the hands of John                   Liber P. R.

      Chenalys & Simon demibiel or their assignes. & for so doing

      this shalbe your warrant

                                        Giles Brent

      To the Sheriff of St Maries

        Leavy therewth yr fees for the exequution

                           G. Brent

      1643                                                                                                          p. 112

       January 2dpntib Giles Brent

                      John Lewger

                      James Neale

        Came into the Court Capt Tho: Cornwaleys Esq & com

      plaineth agst Leonard Calvert John Lewger & John Langford

      Esqems, for that whereas they some time in Aprill last did

      charge 3 bills of exchange all of one tenor, vpon the right

      hoble the Lord Proprietary of this Prov: for the somme of 200 l

      sterling in England payable after 30. daies sight, to the plf

      or his assignes; one of the said bills being shewed to his said

      Lp by Thomas Gerard of Staples Jnne London gent, & the

      acceptance therof demanded, his Lop refused to accept therof;

      but suffered the said bill to be protested in his pnce; whereby

      the plf cannot receive the said mony, to the damage of the

      plaintif to the value of 400 l sterling. And for this he bringeth

      his suit & prayeth processe agst all the lands goods & chat-

      tells of the said Leonard &c. to the value of his action.

        whervpon the Lieu tent Grall demanded the iudgmt of the

      Court whether in regard of his Lops mandate to the contrary

      dated at London 14. July 1641. processe ought to be granted in

      this case to the plf

        And the said John Lewger alledging that he ought not

      to give any iudgemt in the cause, being himselfe a partie in

      it, the Leiutent Grall demanded the opinion & counsell of

      them the said John Lewger & James Neale, by vertue of their

      oaths, to give him true & faithfull Counsaile &c in this

      case: viz.

           There is a Law of the Province in these words [The

          Judge in all causes shalbe such pson or psons as are

          or shalbe from time to time authorised therevnto by Com

          mission &c. Provided alwaies, that in all causes for wch no

          certaine rule &c is provided &c. the Judge shalbe the

          Lord Proprietary, or (in his absence) the Lieutt grall & the

          Counsell of the Province &c.]

           during wch law, he the said Giles Brent is confirmed

          by his Lops Commission Lieutt grall, wth a clause for

          restraint of his power to grant processe &c. in this cause

           The demand is, whether he the said Giles Brent be