( 124 )

against the Claime of any Person or Persons as in & by the Said writeing here in Court produced may appear Nevertheless

the Said William the Colt aforesd hath not Warranted but the Said Colt hath been taken away Contrary to the agreement of the

Said William and to the damage of the Said John of 1400 Pounds of tobacco & thereof he brings his Sute .

                                                                                                        Edward: Jones. Pleg        Jn^o Doe

                                                                                                                                                Rich Roe}

        The Decl being read the Argum^ts aligations &ca understood & Considered by the Wor^ll. Justices _____ Who Ordered

       a Non Sute agt the Plt with Cost alias Executio. for want of Security to the accon .

Somerset County in Maryland Ss.

  Be it known unto all Men by these presents that I Samuel Johnston of the County and Province aforesd hath Ordained

Constituted & appointed & by these p^rents doth Ordain Constitute & appoint my Trusty & Well beloved Brother John Johnston

of Dunbarrover in the Parish of Budowin in y^e County of Tyron in the Province of Ulster in y^e Kingdom of Ireland

my true & Lawfull Attorney for me & in my Name & for my use to demand receive levy Sue & Recover all & any Sum or

Sums of money as also all the mesuages Tennements or hereditaments descended to me in Castlefin in y^e County of

Donegal in the Province of Ulster aforesd from Jane Wallace alias haliburton late of the County & Province first above

& for the better recovery of all Such Sums of money as to me are due & all Such Messuages, Tennements & hereditaments

as by Right are mine by reason of Such discent, one or more Atto^rneys & what Counsells they shall think fitt under him

to appoint & upon the Recovery of all or any of the sd Sums to proceed to Execution & upon paym^t or Satisfaction made

of all or any of the Said Sums of money acquittances or other discharges from me & in my Name to make Seal & deliver

& upon recovery of the sd Messuages Tennem^ts &ca. the Same for my use to posesse & quietly enjoy and the said John

the p^rmisses to p^rform fulfill & Conclude as largely amply & fully as if my Self were p^rsonally present ratifying allowing

& holding firm all that my sd Attorney shall lawfully doe in Witness whereof I doe hereunto put my hand & Seal.

this 12^th day of Septemb^r. An^o.Dom 1694                                             Samuel: Johnston. ❂ Sealed

Maryland Ss //

September y^e 12^th Anno Domini 1694. Then Samuel: Johnston Came & in Open Court Confest the abovesd letter of

Attorney to be his Act & Deed               Teste JWest Clr Cur Comit Somerset

Upon Petion of John: Scholfield vide for 119 remitted as afd

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

John: Vigerous. Plt                     Somerset County Ss / Lawrence:Crawford late of Somerset County Gen^t was attached

Lawrence:Crawford Dft}          to answer unto Doct^r. Jn^o Vigerous in an accon of the Case.

~ ~ ~ ~ ~ ~ ~ ~ ~        And whereupon the Said John. by Robert Pirrie his Attorney Saith that –

                                                         whereas the said Lawrence in the fourth day of June in the year of o^r Lord

1688: &ca at Pocomoke within the Jurisdiction of of this Court was indebted unto the Said John. in the Sum of

Sixteen hundred fifty pounds of tobacco. being the ballance of a Certaine acco^t. being for Phyicall means &ca.

by the Said John. to the Said Lawrence at that time & Since Sold & delivered as p^r acco^t thereof here in Court produced

may appear and the Sd Lawrence to the Said John in manner aforesd being indebted in Consideration thereof did assume

upon himself & to the Said John. faithfully promise that he the Said Lawrence the sd Sum of 1655 pounds of tobacco

when he Should be there thereunto requested would well & truely Content & pay Nevertheless the Said Lawrence