36    Chancery Court Proceedings, 1670.

       Liber CD   appeared not at all though Lawfully Served with the Writt as ap
              peared to the Court by the oath of Holloway the p.lt Publication was
              Respited till next Court and upon Motion for the plt Ordered by the
        (fol. 34) Court that an attachm.t issue out of this Court ag.t Thomas Turner
              and that Thomas Thurston do Imediately pay unto the Lord pro
              prietary five hundred pounds of Tobacco for a fine for not Testifying
              upon Oath according to the Act of Assembly in that Case, Provided,
              Together with Twelve Shill.s Six pence to the p.lt Holloway for
              Costs of the Attachment, after the Court declared that they
              left it to the p.lt Holloway to Seek his further Remedy at Law ag.t
              the s.d Thurston for the Damages by him Sustained or to be Sus
              tained for want of his the s.d Thurston's Testimony in this Cause.
              Benj.a Cowell p.lt  1 TM     This Cause was the last Court heard
                   &        and Ordered to be dismiss'd with one
              Jonathan Sybry def.t RC Thousand pounds of Tobacco Costs to
              be paid to the def.t by m.r Morecroft Attorney for the plt in Respect
              of the Said dismission, but before Signing of the s.d Dismission
              the s.d Attorney for the p.lt Cowell, tendred the Said Costs, and
              prayed Stay, of the s.d Inroilment, And to have the Cause again
              admitted upon which the Inrollrn.t was Respited till the arrivall in
              this province of the Right Hon.ble Charles Calvert Esq.r Chief Judge
              in Equity, And upon motion this day made in Court by the Attorney
              Morecroft for the p.lt Coswell, It was Ordered that the Cause be
              again heard next Court, and that the Said m.r Morecroft first pay
              the one thousand pounds of Tobacco Costs Taxed Last Court, and
              then Give Security to pay further Costs if the Bill shall be again
              the Second time dismissed, after which there shall a Summons or
              Subpoena be issued against the defendant Sybrey to come and hear
              Judgment as aforesaid.
              John Bailey pl.t        And on the Contrary there being Sev
              Raymond Stapleford def.tferall Causes and Suits between the Said
              parties all difference between them was Submitted to Arbitration
              and the Arbitrators have made an Award before April Court last
              that both parties Should Give to Each other a Generall Release
              which the p.lt Bayley that Court offering to Sign and Seale the def.t
              Stapleford Craved time till this Court to consider of the matter
              before he Sealed Such Release And he not appearing this Court to
              Shew any Cause why the Said Release Should not be Executed
              and the p.lt Bayley offering to proceed in the Said Causes the At
              torneys of Both Sides refused to Act in Any of the Said Causes for
              their Severall Clients in Regard the Said Cause was discontinued.
              It is therefore Ordered that all proceedings upon all the Said Causes
              be Stay'd. the Court declareing the Causes to be discontinued
              as afores.d