68        Provincial Court Proceedings, 1666.

       Liber FF    unto the said Lister the sume of Tenn pounds sterling which said
              sume of Tenn pounds sterling though he hath been often thereunto
              Required to pay yet doth deney and refuse to pay the same unto yor
              pett whereby yor petr is dampnifyed to the uallue of Twenty pounds
              sterling
                Wherefore yor petr humbly prayes Ordr as well for the said sume
              of term pounds sterling due for wages as allsoe for the sd sume of
              Tenn pounds sterling dathages And he shall pray &c

                Know all men by these prsents That I John Gilson of Kingsale
              in the Kingdome of England Marriner haue Constituted made Or-
              dained and put and in my stead and place doe Constitute make
              Ordaine & place my trncty & well beloued freinde Henry Hare of
              the prouince of Maryland gent my true & lawfull Attorney for me
              and in my name and to my use to sue arrest implead imprison and
              Condempne all person and persons whatsoeuer that now at prsent
              at any time or times hereafter shall haue any manner of Accon or
              Accons wtsoeuer to Comence agst mee the sd John Gilson, impowring
              my said Attorney One or More Attorney or Attorneys to make and
              againe to reuoke at his pleasure for the prosecucon of any person
              or persons in such accons as aforesaid Giuing & granting unto my
              said Attorney my full power strength & whole Authority by the
              tenor of these prsents to giue Release acquittances or other discharges
              whatsoeuer for me and in my name to Execute per forme all and all
              manner of Act and Acts thing And things deuice & deuices in the
              law whatsoeuer needfull & necessary to be done in the Execucon of
              the premisses holding firme and stable all and whatsoeuer my
         [p.305] Attorney shall lawfully doe or Cause to be done herein by uertue
              of these prsents as If I were prsonally prsent to Act & doe the same
              In wittnes whereof I haue hereunto sett my hand and seale this
              3d Aprill 1666                John Gilson (seale)
              Signed sealed & deliuered
                In the prsence of Us
                   Daniel Jeni fer
                   Wm Smyth
                   Edwd Sauage

              William Lister Plaintiff The deft answers, That he did not assume
              John Gilson defendant to pay because not shipped by Gilson,
              Further Alleadg'd by Thomas Mannyng the defts Attorney by way
              of answere that the law Chargeth noe man wth detault where the Act
              is Compulsary and not uoluntary

                John Ince being sworne saith
                That about the 7th or 8th day of septembt last hee was shipt on
              board, and that the said william LIster was allsoe shipt on board
              as Boatswaine of the shipe