132    Charles County Court Proceedings, 1658-1662.

             Liber A    Court sayeth that Mr Haggat deliuered unto Mr Zacharie Wade a
                   bill of one thowsand pound of tob: and that the sd wade was to deliuer
                   in a Condition of on Robert James from Mr Banckes which the sd
             [p. 141]   wad had Apprehended as Runaway and that the sayd bill was past for
                   the saruice dew to Capt: Bankes and further sayeth not:
                    Thomas Wenthword of the sayd Countie and Prouince Gent
                   sworne and examined in open Court sayeth tht Mr Haggate deliuered
                   unto Mr Wade a bill of one thowsand pounds of tob: and that Mr
                   Wade did promis to bring up a Condition or to saue the sayd Haggate
                   harmeles from his father in Law Mr Bankes as soone as hee returned
                   up againe and tht in ther discoors Robert James alleged tht hee was
                   unwilling to go downe to Mr Bankes because hee the sayd James had
                   delt so discurteously by him and that hee had run away and taken
                   Cloathes away from the sayd Captaine Bankes and so upon that ac
                   count desiered Mr Haggat to pas his bill to Mr Bankes for one thow
                   sand pounds of tob: and further sayeth not

                    The defendant alleageth that hee the sayd James was indebted unto
                   his father in Law Capt: Bankes to the valew of eight hundered
                   pounds of tob: which the sayd James had receaued in part of payment
                   of his wages from the sayd Capt Bankes in Cloaths and other things
                   to the sayd valew and further alleageth tht hee apprehended the sayd
                   James as his fathers in Law seruant and not as a fellon

                   the Plantiue desiereth the board to take notis that the defendant con
                   fessed to haue apprehended the sayd James as his fathers in Law
                   saruant and Consequently had no power to sell the sayd saruant with
                   out an assignement of the sayd saruants Condition from his father
                   in law unto him or power by way of a letter of Atturney to sel the
                   sayd saruant or to act in all things in his absence as if hee wer per
                   sonallie presant: all which Pouers your Orator dars boldly say the
                   sayd Mr Wade was destitute of and thearfor the sayd saruant coold
                   not bee accounted yr Orators by reson the sayd bankes if so it had
                   pleased him might haue mad him ouer unto any man and no man had
                   power to twhart the same and after the sayd Wade Returned from
                   St Maries ward hee did not according unto his promis deliuer unto
                   your Orator the sd Saruants Condition and when hee the sayd James
                   Run away if in case your orator had used his utmost endeuor for
                   the recouering of the same saruant hee was disenabelled and why
                   because hee had no power and thearfor Coold not prosecute him by
                   way of hew an Cry as other men do their saruants

                    Whearfor it is ordered that the sayd Haggat shoold haue in his
                   bill and that Mr Wade pay the Cost and Charge of suit:

                   John Neuill Plantiue     The Plantiue Aresting the defendant
                   William Robisson DefendantJ in an action of the Case Prefereth his
                                      Petition as followeth