Provincial Court Proceedings, 1666—67.   149

    plaints Bill of Complaint and to returne the same to this Prouinall Liber FF
    Court which being not done by each of the defendts
      Ordred an Attachmt issue to the sherriffe of Talbott County agt
    the said John Barnes Francis Bellows and Henry Parker to make
    theire and euery of theire prsonall appearance at the next Prouinall
    Court to set forth upon Oath theire Answers to the said Bill of
    Complaint

    John Abington Complaint This Cause depending in Chancery last [p. 425]
    Tho: Paggett defendant Prouinall Cort was at the instance of both
    Morecroft p querpartys by theire Attorneys referr'd to Mr
    Jenifer p defendant JThomas Nottley—Wherupon the Court
    now desires Mr Nottley to deliuer in his report, which he doth in
    writeing and is as followeth
      I doe hereby Certifye to the Rt Honble the Cheife Justice of this
    Prouince and to the Rest of the Honble Justices of the Prouinall Court,
    That John Abington and Thomas Paggett hath not to this day
    brought mee any Copies from the Records of the said Court whereby
    I Could make any report in a Cause depending between the said
    Abington as Complainant and the said Paggett as defendt in Chan-
    cery as wittnes my hand 13th day of February 1666
                                      Thomas Nottley

      Whereupon the Court proceeds according to Equity and Ordereth
    that the defendt doe sett forth upon Oath to his answere deliuered
    the precedent Court to the Complts Bill, The which hee doth now
    in open Court
      The Complaint now declares onely for a letter of Attorney from
    the defendt whereby he may be impowred to receiue sue for and
    recouer the tobacco specifyed in the seuerall bills deliuered by the deft
    to the sd Complt.
      The defendt denys he is bound to giue power to recouer the said
    debts, being absolutely discharg'd and acquitted from the same
      The major Vote of the Board is that the defendt ought in Equity
    and may be Compell'd to giue the Complt full power to sue for recouer
    and receiue the sumes of tobacco expressed and menconed in the said
    seuerall Bills soe deliuered the Complt by the said defendant
      Further Ordered it be soe Entred for the Judgmt of the Court

    William Smyth plaintiffe The plt not hauing his wittnesses ready
    John Beale et ux defendt desires time till tomorrow morning—The
    Morecroft p querCourt would not giue further time nor noe
    appearance made by the defendt nor entred by theire Attorney that the
    Cause is dismist

    Wm Smyth plt   Noe appearance made ut supra therefore the
    ditto Beale et ux deft Court allsoe dismist the Cause—The plt allsoe
    Morecroft p quer wanting his wittnesses herein