498 Provincial Court Proceedings, 1661.

Liber
P. C. R.

That M^r Haggett deliuered unto M^r Wade a bill of one thousand
pounds of tobacco and that the said Wade was to deliuer in a Con-
dicon of one Robert James from M^r Bancks which the said Wade
had .... a way And that the .... due ....

p. 700

Thomas Wentworth of the said County and Province Gent sworne
and Examined in open Co^rt sayth that M^r Haggett deliuered unto M^r
Wade a bill of one thousand pounds of tobacco and that M^r Wade
did promise to bring up a Condicon and to beare the said Haggett
harmeles from his father in lawe M^r Bancks as soone as he retourned
up againe And that in their discourse Robert James alleadged that
he was unwilling to goe downe to M^r Bancks because he the said
James had dealt soe .... teously by him And that he had Run away
and taken Cloathes away from the said Cap^t Bancks and soe upon
that Accompt desired M^r Haggett to pass his .... to M^r Bancks for
one thousand pounds of tobacco and further sayth not
The def^t alleadgeth that he the said James was indebted unto his
father in Lawe Cap^t Bancks to the vallue of Eight hundred pounds
of tobacco which the said James had receiued in parte of payment
for his wages from the said Captaine Bancks in Cloathes and other
things to the said vallue and further alleageth that he apprehended
the said James as his father in Lawes Seruant and not as a Felon.
The plt desireth the Board to take notice that the def^t Confessed
to haue apprehended the said James as his father in Lawe his
Seruant and Consequently had noe power to all the said Seruant
without an Assignment of the said Seruant Condicon from his father
in Lawe unto him or power by way of a letter of Attorney to all the
said Seruant or to Acte in all things in his absence as if he were
personally p^rsent All which power y^r Orato^r dares boldly say the said
M^r Wade was destitute of and therefore the said Seruant could not
be yo^r orato^rs by reason the said Bancks if soe it had pleased him
might haue made him over unto any man and noe man had power to
twart the same and after the said Wade retourned from S^t Marys
ward he did not according to his promise deliuer unto yo^r Orato^r the
said seruants Condicon and when he the said James, run away, (if
in case yo^r Orato^r had used his utmost endeauor for the .... of the
said Seruant he was disinabled and .... had noe power and therefore

p. 701

could .... and crye as other Wherefore it is ordered that the said
Haggett should haue in his Bill and that M^r Wade pay the Cost and
Charge of Suite Geo Thompson Cik.
The def appealeth to the Provinciall Co^rt

Vide pet.
fo: 498

The plt Assigns Error in Judgement that the said Humphrey Hag-
gett did sue the plt for the deliuery of a Bill, which bill was made for
the payment of the tobacco vnto Richard Bancks of Popler Hill and

William
Bushell v.
Thomas
Dent

not to the plt, Reheareing is assignd the first day of the next C^rt
this Cause is respitted whilst next Coⁿ