142  Provincial Court Proceedings, 1663-64.
               Liber B B    Thursday jjth ffebruary 1663. All present as yesterday.
             Vid. fol. 164. In the Cause betwixt Coll George Waters pr Attornat. Capt James
             & fol. 200. & Neale plf & Capt Miles Cooke deft, Concerning Judiciall Charges for
                      there is allready an Exequuon Signed & graunted, (Vizt)
                         for one dayes attendance for himselfe 030
                         for 3 men Roweing him from his shipp  150
                         for non suite                  050
                         Amerciamt                      050
                                                        280

                     And ordered tht That exequüon graunted bee suprseded ‘till further
                     tryall in this Cause, according to former order.

                     John Abington plf. The plf, sueth as in his Petn for a Serut as hee
                     Jerome Whyte deft shall like of according to the words in his Bill
                     or specialty. To wth the deft answeres tht hee hath allready tendred
            Vid. fol. 138.  him an able man seruant, & according to his Condicon or Couent.
                     Vppon much & long debate in this Cause The Vote of the Councell
                     is requyred Whither or noe it bee thought fitt to Leaue the plf to that
                     unlimitated power as is expressed in the dëfts Condicon or Bill to
                     the plf (Vizt) to deliuer a serut as the plf shall like of, Yea or noe?
                     The maior Vote of the Board is, Noe. Then the deft. Craues a Jury,
                     to Enquyre Whither the man by him tendred bee an able seruant,
                     Yea or noe? WCh was graunted.
                      Wart to sheriffe to impanell a Jury of 12 men Ret. forthwth.
                      Sheriffe Returnes his writt & warned.
                [p. 193] fforeman
                      Mr Walter Hall John Lumbrozo   Edward Clarke
                     Thomas Hatton   Robert MackIm   James Thompson
                     George Thompson Willm Roswell  Hugh Stanley
                     Thomas Wynne    Peter Watts     Henry Ellery
                         In the meane time
                      John Nutthall gentn in ditt, Sayth That Mr John Abington re
                     quested him this depont to receaue a seruant from Mr Jerome Whyte
                     for his the sd Abingtons use, And tht Mr Whyte did send a seruant
                     to him by Mr Powick. And after a while after tht seruant was in
                     his howse, hee enquyred of him, what hee was? & how hee came into
                     the Country? And the man replyed & sayd tht hee came into this
                     Country to wayte on some Gentn or other, And thereuppon after a
                     small space hee this Depont told Mr Powick, who then brought him
                     thither, that hee would not accept of him, & giue a discharge for
                     him, as the sd W Powick requested, because hee this Depont had noe
                     Ire of Attorney from Mr Abington to tht purpose.












             Then the Jurors came & deliuered this following Petn