Provincial Court Proceedings, 1664.  277








     Sume the defendt humbly Craues Order agst the plt: wth Cost of Liber B B
     suite If this answere and reasonable request does not sattisfye the
       pit: the deft does fly for refuge to the Act of Assembly both for the
       moneys and tobacco demanded by the plaintiffe being an accomptt and
       aboue nyne months—
       Att the instance of both partyes it is agreed that theire accompts
     be audited, wherefore by the Board Ordered that all accompts de
     pending betweene the pit: and deft be audited by 4 able persons by
     the Court appointed, Who are as followeth Mr Thomas Nottley Mr
     Thnmas Dent W Humphery Waring & Mr Benjamin Rozar. Further
     Ordered that the said Auditors doe make theire meeting place att
     Walter Pakes house att Newtowne on the 18th day of this instant,
     and to make report thereof att the next Prouinciall Court—Vpon
     which Commission issued to the 4 abouesaid persons to impower
     them thereto as followeth (uiz)
       Cæcilius &c Whereas there are seuerall Causes depending between
     Symond Carpenter Merchant and Mary the Executrix of John Bate-
     man Esqr decd uppon accompte And forasmuch as the said partyes
     hath desired the said differences to be put to foure Auditors by us
     appointed in Prouinciall Cort, Wee doe hereby will and require yow
     Thomas Dent Thomas Nottley Humphery Waring and Benjamin
     Rozer Gentn that dilligently ueiwing all papers whatsoeuer that shall
     be brought before yow Concerning the Bussiness aforesaid yow send
     a reporte thereof undr yor handes and seales to the next Prouinciall
     Court held att St Marys on the 4th day of December ensueing the
     date hereof, And doe hereby further appoint and Authorize yow to
     examine upon Oath and take depositiones of such persons that cann
     giue euidence in relacon to the prmises aforesaid. Giuen undr my
     hand and lesser seale of this prouince of Maryland this 16th day of
     October in the 33th Yeare of his Lordsps Dominion Ouer this prou
     ince annocp Domini 1664—
     To Thomas Dent Thomas Nottley      Signed
       Humphery Waring and           Charles Caluert
       Benjamin Rozer Gentlemen

          Att the County Cort of Caluert held 16th August 1664   [ p. 345]
     Richard Smyth Attorney of the Administrators of James Scapes
         plaintiffe
     Mary Bateman pr Attorney Capt Thomas Mannyng defendt
       The Pit: sues the deft for 1063lb of tobacco remaining of a bill of
     3280lb tobacco but the pit: not prouing his power sufficiently (uizt)
     a Letter of Attorney from James Scapes imployers, the pit: Craues
     an appeale to the Gouernor and Councell by reason his letter of At
     torney would not weigh here
                                True Copie me
                                James Thompson Clarke