214        Provincial Court Proceedings, 1676.

           Liber N N  hath not paid but the Same to pay hath refused and as yet doth
                  refuse Whereupon the said ffrancis saith he is dampnified and hath
                  losse to the value of two thousand pounds of tobacco and thcrcupon
                  he bringeth his Suite.
                    And the said Ambrose by Benja Rozer his Attorny comes and
                  defendes the force and injury when &c and prayeth heareing of the
                  writeing aforesaid and it is read unto him he also prayeth heareing
                  of the endorsement of the Said writeing and it is read unto him
                  in these words vizt memorandum this bill is not to be delivered
                  to the said ffrancis Maude unlesse he finish two sixty foot Tobacco
                  houses now at this present date which are a building at Rich-
                  Neck, which said houses so finished then to be delivered, which being
                  read and heard the said Ambrose by his Attorny aforesaid praycth
                  liberty to imparle here untill next Court and it is granted him the
                  Same day is given to both parties.
                    Afterwards to witt the eleventh day of April in the first yeare of
                  the Dominion of Charles Lord Baltemore &c Annoq Dom One thou-
                  sand six hundred Seventy six came the said ffrancis by his Attorny
                  aforesaid and Offered himselfe against the said Ambrose and the
                  said Ambrose by John Jones his Attorny came likewise and the Said
                  Ambrose Saith nothing in barr or avoidance of the action afore-
                  said of him the Said ffrancis whereupon the Said ffrancis remaineth
                  against the said Ambrose thereupon undefended Therefore it is
                  granted by the Court here that the Said ffrancis recover against the
                  Said Ambrose Bayley the said summe of fourteen hundred pounds
                  of tobacco together with One thousand forty five pounds of tobacco
                  costs of suite. and the said Ambrose Bayley in mercy.

                    Know all men by these prsents That I Richard Wharton of Boston
                  Mrchant doe hereby nominate Constitute & appoint Richard Gardner
                  of Maryland & Samuel Winslow of Boston Mrchants or either of
                  them to be my true & law full Attorney or Attorneys in my behalfe
                  & in the behalfe of any person or persons Interested or concerned
                  with me in Company to aske demand Receive & Recover all & every
                  such Sume or Sumes of money tobacco or Mrchandize of any
                  kinde or sort whatsoever as may from any person or persons what-
                  soever be or become due or payable to me or any person formerly
                  Imployed by me or Intrusted with any thing appertaining to my
                  selfe alone or to my selfe & Company either in Virginia or Mary-
                  land And I doe hereby Authorize & Impower my said Attorneys &
                  either of them either by a course of Lawe or Composieon to doe
                  transact & Conclude any of the aforesaid concernments as fully &
                  absolutely as I my selfe might or could being personally prsent
                  Promising by these prsents to Ratifie Confirme & Approue all their
              p. 137 law full Proceedings & to discharge them from all their reasonable