Provincial Court Proceedings, 1659. 347

Know all men by these p^cnts th^t I Anne Tilney of the Crosse in
the Prouince of Maryland, & Executrix of Richard Hotchkeyes of
the same place deceased, haue constituted appoynted & ordayned, &
doe by these p^ents constitute, appoynt & ordaine John Abington of
the place afores^d my true & lawfull Attorney, for mee & in my name,
& to my only use, to aske, demand & receiue all debts, dues & demands
whatsoeu^r now belonging to me the s^d Anne Tillney, & uppon non
paym^t to impleade or imprisone any p^eson or p^esons, as my s^d At-
torney shall see cause, & uppon paym^t made to release acquitt or dis-
charge any p^eson or p^esons as afores^d, as allsoe to pay all iust debts
due from mee, or the afores^d Richard Hotchkeys: & whatsoeu^r my s^d
Attorney shall doe in the afores^d premises I bind my selfe to ratify &
confirme in as ample manner, & w^th as much power as all Attorneys
hath or ought to haue, as Wittnes my hand this 12^th day of Nouemb^r
1659 Anne Tillney
Wittnesse Thomas Mathews Hest. Mathews.

The plf sheweth by her Petⁿ, how th^t shee sould unto M^r Richard
Hotchkeys her Plantaon in Brettons Bay for 5500^l Tob, to bee payd
by him the s^d Hotchkeys att one entire paym^t, Couenanting w^th all
th^t the s^d Hotchkeys should ship, or carry on board the s^d Tob for her
use, w^ch the s^d Hotchkeys did not, & further shee alleageth, th^t shee
hath not yett receiued satisfaction for her s^d Plantaon, One hogs-
heade of Tob being only discounted for her use, towards the paym^t
thereof, w^ch shee doth allow, & noe more. The deft, by her Attorney,
sayth, th^t M^r Hotchkeys (as may appeare by his Booke of Accompts)
hath payd the greatest part of th^t Debt, & that there remaines unpayd
not aboue Two hogsheads of Tob, or thereabouts w^ch the deft is
ready to satisfy.
Cap^e Will^m Euans sworne in open Court Sayth, That by discourse
w^th D^r Wade, M^r Hotchkeys, & M^rs [H]ammond, he understood

Liber
P. C. R.
Anne
Hammond
v. Anne
Tilney

there was a Contract, or bargaine made (as he thinks) for 5500
Tob. for her Plantaon & a Bill was passed for the s^d plantaon, &
gyuen in D^r Wades name: And th^t M^rs Hammond intrusted M^r
Hotchkeys to receiue the Tob. Whereuppon D^r Wade called her foole
for intrusting him to receiue his owne Tob. Hotchkeys himselfe
being then present. And further th^t M^rs Hammond gaue D^r Wade
order to deliuer in the Bill to Hotchkeys, then when shee imposed her
trust in him, Because there was a Rumour in the Country that shee
intended thereby to defray or cheate her Credito^rs.
Edmund Nanfan deposed sayth That there was an absolute bar-
gaine concerning the plantaon, & M^r Hotchkeys promised her honesl
pay for it, & not to fayle her in her Tob, And M^rs Hammond sayc
shee would trust to his honesty.
Ordered th^t this Cause be respited till next Prouinciall Court.

p. 346