278  Provincial Court Proceedings, 1664.






                 Liber B B      Att the same Court allsoe then held
                      Idem Plaintiffe The plt sues the deft for 2000lb tob: but not prou
                      Idem defendantf ing his power sufficiently (uiz) a letter of Attor
                      ney from James Scapes Imployers he Cranes an Appeale to the Pro
      uide petn 326 uinciall Court, because his lett Attorney would not weigh here—
                                                 True Copie p me
                                                 James Thompson Clke
                      Richard Smyth the Attorney of The appealants proceedings att
                       Walter Senserif & Henry Sewell the County Court of Caluert be-
                       Administrators of James Scapes ing read ut supra and assertione
                       plaintiffe made by the Clarke of the said
                      Mary Bateman the Extrlx of  Cort undr his hand—the deft by
                       Jno Bateman Esq decd defendt her Attorney Capt Tho: Man
                      ning still put's him to the proofe of that power by which he sues the
                      defendt The which power was Confirm'd by the Judgmt of the Board,
                      there appearing upon record seuerall accOns Comenced by the plt:
                      as Attorney aforesaid The defendt then alleadg'd that they are not
                      bound to answere the suite this Prouinciall Cort till they bee lawfully
                      arrested denying that the plt appeald for a tryall att this Court but
                      only to proue that power denyed him att the County Court.
                       Whereupon Ordered that the plt be admitted as Attorney to Walter

                 Senserif and Henry Sewell Administrators to James Scapes and that

                 the whole Cause be tryed att the County Court of Caluert wthout any

                 further arrest—

                 [p.346J Att the County Court of Caluert held 16th Augo 1664 ut Contra
                     Richard Smyth Attorney of Walter Dunch Assigne of John Harrice
                        plaintiffe
                     Mary Bateman the Executrix of John Baternan Esq deceased
                        defendant
                       The Pit: sues the deft for 1049lb tob: p accompt but not prouing
                      his power sufficiently (uizt) a letter of Attorney from Walter
                      Dunch's imployers he Craues an Appeale to the Prouinciall Court
                      because his letter of Attorney would not weigh here
                                               True Copie p me—
                                               James Thompson Clarke

                      Richard Smyth the Attorney of the proceedings att the County
                       Walter Dunch the Assigne of Court being read ut supra, and
                       John Harrice plaintiffe Certifyed undr the Clarks hand
                      Mary Bateman the Executrix of of that Court the Appealant de
                       J ohn Bateman Esq decd deft nyes it was an appeale granted
                     but a respite in the said Cause The deft by her Attorney Capt
                     Thomas Manning, alleadging that ther it is Confirm'd undr the Clarke
                     of that Court his hand therefore Craues a nonsuite—