Provincial Court Proceedings, 1664. 279

      This Court Considering the Confirmacon thereof from undr the Liber B B
     Clarkes hand, Orders a nonsuite with Charges as followeth (uizt)
                                 tb tob:
         Nonsuite according to Act   150
         Attorneys ffees at Caluert Court    6o
         3 dayes attendance           90
   Attorneys ffees upon the appeale   120
           being double Cost   j
   5 dayes attendance                 300 j

             Court adjourn'd till the afternoon
                    All prsent as before

     Marmaduke Snow plt: the defendt by his Attorneyes Capt Josias
       Thomas Gerrard defenclt ffendall and Mr Tho: Nottley alleadgeth
       that they was not arrested to answere in Chancery but to the Prouin
       ciall Cort therefore desires Judgrnt of the Board whether they cann
       proceed to try all in Chancery upon that writt of scire facias which
       was upon the defendt serued—put this to the uote—
       Collonell Euans that it is a usuall writt according to law in Chan
     cery noe scire facias goeing out in Comon law
       The Major part of the Board of the same opinion Then Ordered [P.3471
       that they answere here as in a Court of Equity—
       The deft by his Attorneys desires the plt: to proue that power by
     which he Calls Mr Gerrard to accompt for the said 1000lb sterling—
     and beinge matter of ifact desires a lury—The Chancellor being in
     Chancery Cheife Judge denys that there is any Jury in Chancery—
     They still urge for a proofe of the pits power the plt by his Attor
     ney Willm Caluert Esq saith that his power is sufficiently prou'd by
     hauing a suite allready Commenced by the same power and his deeds
     hauing been admitted as good euidence upon Record
       The Defendts Attorneys alleadgeth that the whole Cause was then
     absolutely dismist therefore now tis a new accon
       put to the note whether the euidence be good or not
       Cofl: Euans that though the Suite be dismist the cuidence is good
     against the next Suite—Mr Brook the same, the Chancellor the same
       Whereupon the Defendt neither by himselfe nor Attorneys shew
     ing no further Cause why Execuëon should not be seru'd upon the
     Estate of Mr Tho: Gerrard for that thowsand pounds sterling sued
     for by Marmaduke Snow Judgment of the Board is that Execucon
     issue for the said debt

          Brandon June the 14th 1664
       Mr Gittings I formerly impowred Mr Henry Helyn to implead
     Rowland Haddway uppon a bill wherein he was Obleiged to pay me