Court and Testamentary Business, 1653/4. 347

       of removing the Said Estate to appoint any officer whom he Liber B.

       thinks fitt to make Stoppage by Attachmt or otherwise as he

       the Said mr Chandler Shall think fitt of Soe Much of the Said

       Estate as may be responsible to the Suit of the Said Pheypo

       upon a hearing the Next Court in an Action of debt of one

       and twenty hundred pounds of Tobacco and Caske.

        Know all men by these presents that I Richard ffoster of

       the Province of Maryland doe constitute and appoint my well

       beloved friend Nicholas Gwyther my true & Lawfull Attorney

       to all efforts and purposes in Law as if I my Self were person-

       ally present. As Wittness my hand.

                           the mark of x Richard ifoster

       March the 1 1653 In the Presence of

            David Thomas

                To the Honble Capt Willm Stone Esq and the

                rest of of the Counsell of State for the Province

                of Maryland

            The Humble Petition of Cornelius Saunders Carpenter

            of mr Hannefords Ship by mr Henry Coursey his At-

            torney Authorized by Sanders his Lre.

       Sheweth.

        That the Said Carpenter did Sell to Nathaniell Batts Coll

       Yardley's Interpreter a parcell of Sugar amounting by Agreemt

       unto 19' & of Beaver as by his Note to Richard ifoster doth

       appeare, And the Said ifoster did promise your Petitioner Sat-

       isfaction as doth appeare by two Severall oaths, taken before

       mr Gerrard for the Same. Now the humble Suit of yor Peti-

       tionr is that your Honrs will please to grant him an Order for

       the present Satisfaction of the Said debt against the Said

       ifoster in respect yor Petitionr is now bound out of the Coun-

       trey, and doth not know whether ever he Shall return againe,

       And in Granting yor Petitionr his humble Suite You will ingage

       him to pray as he is bound for your Honors

       Cornelius Sanders by mr Coursey his Attorn plt The plte by his Attor

       Rich:     ifoster by mr Gwyther his Attorn defendt ney Sues for Nineteen

       pound and an half of beaver by Agreemt for Sugar Sold to

       Nathaniell Batts for which the defendant promised Satisfaction

       pnt p Petition The defendant by mr Nicholas Gwyther his

       Attorney denyes that he the defendt otherwise ingaged for

       payment then in Case he had Estate of Batts in his hands to

       enable him thereto, which he Saith he hath not, It is thereupon

       Ordered that ffoster be Examined upon Oath by m Gerrard

       upon Summons from him what Estate of Batts he hath in his p. 551