428        Chancery Court Proceedings, 1673.

       Liber P C Richard Wells in his life time for sevrall goods to him sent and
              Consigned to him by the said Rich.d A.° 1668. by the hands of John
              Dunch master of the Baltemore, and for sevrall servents sent in also
              at the same tyme, which said goods and servants were all accordingly
              D.d by Dunch to the Defend.t or his order
                That the defend.t hath pleaded he was never receivr of the said
              Rich.d and the cause now stands at Issue whether the defendt was
              receivr or not Receiv.r But for want of the Testimony of the said
              Dunch who is yor Principall Evidence to proove the bills of Lading
          p. 47  for the said Goods and receipts given for the servants shipped and
              Consigned afforesd and to prove the Delivry of the said goods &
              servants to the Defendt or his order, your pettrs durst not goe to
              tryall
                Now forasmuch as the said Dunch is now Arrived and will goe
              out of this Country before the Tryall can be had yor pettrs humbly
              pray your Excellency will will be pleased to graunt unto yor pettrs a
              spa against the said Dunch to appeare before yor Excellency or the
              Hon.ble the Chancellr to Testefy the truth of his Knowledge in the
              said Accon of acc.t betweene the said pties. and that a Coppie of this
              petticon and ordr thereon being given to the Defendt or to any of his
              Attorneys, Mr Ward, Mr Rousby, and Mr Cheseldine, and others
              being Attorneys for him and notice of the tyme and place when &
              where and before whome he is to be examined lest with them in
              wryting, the said Defendt or his Attorneys may be there prsent to
              Crosse examine him if they please
                               And yor pettrs as in dutye shall pray &c
                Under neath the foregoeing Petticon was written as ffolloweth
              I thinke the petticon is Reasonable, and doe therefore ordr supa To
              Issue according to the prayer of the petitioners
                                              Charles Calvert


                   Maryland ss At a Court held for the Chancery and
                  Provincial Co.rt begun on Tuesday this Eleaventh day of
                  November in the 42th yeare of the Dominion of Caecilius
                  &c Annoq Diomini 1673, and from the sd 11th day of
                  November by writ of Adjournmt of the sd Lord Proprie-
                  tary Adjourned untill the 12th day of the same November
                  and their continued untill the Sevententh day of the same
                  moneth on wch sd Seaventeenth day was prsent
              His Excllyy Charles Calvert Esq Cheif Judge in Equity.
                                 Philip Calvert Esp Chancelo.r
                                 William Calvert
                     The honoble Baker Brooke
                                 Jesse Wharton & Esq.
                                 Thomas Taylor