Provincial Court Proceedings, 1661. 579

Knowe all men by theis p^rsents that I William Battyn of Charles
County in the Province of Maryland Merch^t doe hereby authorize
Constitute, and appoynte Cap^t Josias ffendall my true and lawfull
Attorney in my name and stead to pleade to and answere to all
Suites in Lawe Comenced for or against me to the next Provinciall
Co^rt to be held att S^t Marys hereby Rattifying and alloweing what-
soever my said Attorney shall doe therein to be as fully in force
as if I my selfe were personally present Wittnes my hand 4^th
October 1662 The WB marke of W^m Battyn
Testis Edmund Pinson Dan Johnson

The plt sueth for six thousand and five hundred pounds of tobacco
and Caske due from ....

Liber
P. C. R.
Robert Slye
Admr to
Samuell
Smith v.
Capt. Josias
Fendall
Attorney to
W^m Battyn

Luke Gardner came into open Co^rt and accknowledged the Sale
of a Pattent of 200 acres to Hugh Hopewell

Re Hopewell

Vpon the peticon of Coll W^m Evans against M^r Rob^t Clarke for
300^lb Tob and Caske due by Bill the said M^r Clarke Confesseth
Judgem^t for the aforesaid Sume.

p.1103
Evans v.
Clarke

To the Hono^ble the Gonernor & Councell of the Province of
Maryland

The humble peticon of William Battyn Sheweth That whereas M^r
Samuell Smith dec^d his heires or Executors stands indebted to yo^r
pet^r two Mares and one foale as also 300^lb Tobacco and Caske; and
funerall Charges, Therefore itt is the humble request of yo^r pet^r to
Grant him an order for his said debts And he shall pray &c.
The pft sueth pro ut in petⁿ The def^ pleades that he is not heire
nor Executor but Administrat^r and therefore desires the writt may
abate which was granted.
The Co^rt ajourned till 9 of the Clock in the morning

Batty by
Atty.
Feudal v.
Robert Slye
Admr. to
Samuel
Smith

[Thursday the 9^th of] October 1662 ....

In Consideracon of which the abouesaid Samuell Smith doth
binde himselfe his heires or Assigns to withstand sattisfye or pay
vnto M^r Cornelius Stenwick whatsoever Bonds bills or Acc^ts the said
Stenwick hath to charge the said Batting with (vizt) A Bill of M^r
Richard Lords, and one Bill of M^r Augustine Hermans, and what-
soeuer Accompts else from the beginning of the world vntill this day
as Wittnes our hands this 27^th of Oct. 1660
Knowe all men that the partyes abouesaid are to performe this
their agreem^t by the last of March next As Wittnes our hands and
Seales The mke of WB William Battyn [mark] Samuell Smith [mark]
Testis Edmund Pinson Robert Robins Thomas Stone

Oct. 9
p. 1104