Court and Testamentary Business, 1653.323

       Coll Thomas Burbage by Capt Thomas The Complt by his Said Liber B.

       Cornwalleys Esq pit. Tho: Gerrard Esq dft J Attorny Sueing for 2000 l

       of Tob: & Caske which the pite att the defendants request,

       and upon his Accompt paid to one Alexander Williamson, the

       Same appearing to be due by the defendants Note under his

       hand now produced whereby he gave direction to one Lewis p. 523

       Burweil his Agent or Attorney to pay the Same to the Complt,

       which the Said Burwell never paid And the deft now refuseth

       to pay the Same, to which the defendt Saith that, Burwell did

       pay the Debt and tooke up the Orriginail Note to Williamson,

       which he Sent to the defendant amongst other Accompts who

       allow'd thereof upon Accompt to Burwell, But the Court con-

       ceiving that to be no Sufficient discharge against the pltes his

       Note remaining untaken up, And yet Some iikelyhood appearing

       that the debt might be paid by Burwell (who is now dead) for

       that as appears he Sent the defcndt the note for payment

       thereof to Williamson, It is thereupon and upon the defdts

       Mocon Ordered that before any further hearing herein, The

       Compit mr Burbage is to Sett forth by way of Answer upon

       Oath whether he or any other to his use or by his appointment

       hath received the Said debt of 2000 of Tobacco and Caske or

       any part thereof from the Said Burweii or any other by his or

       the defendants appointmt And thereupon the Court will then

       proceed to give the Complt Such reliefe in the p”misses as

       Shall be fitt.

       Coll Thomas Burbage by Tho Corn-   The Compits Suit by

       walleys Esq his Attorney plte Willm Smoote deft J his Attory being upon

       an Action of the Case for Satisfaction upon a Bond of 4 l Ster-

       ling Entred into by the defendt about 20 years Since in Eng-

       land to one Condiconed for paymt of 50 dayes work in Vir-

       ginia, which the defendt alledged he discharged according to

       the Condicon, but prayed that he might not be Compelled to

       bide any further hearing herein for that it did not appeare that

       the pite mr Burbage had any lawfull power as Attorny or

       otherwise from him to whom the bond was entred into to Sue

       ill  this Cause and Craved to be dismissed with his Costs and

       Charges Sustained in this Suit living about 40 miles distant p. 524

       from this Court. It is therefore Ordered that the plts Suit

       against the defendant be dismissed out of this Court for want

       of Sufficient power to Execute therein And the plt or his At-

       torney are to pay unto the defendt one hundred and fifty pound

       of Tobacco and Caske in respect of his trouble & Charge

       aforesaid unless the Complt. or his Attorney Shall by the next

       Court deliver up to the defendant the bond aforesaid the Seale

       being torne off and being of that antiquity and Nature before

       Expressed