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(SENCTALOGY COLLECTION
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ARCHIVES OF MARYLAND
JUDICIAL AND TESTAMENTARY BUSINESS
Provincial Court
1649/50—1657
Published by Authority of the State, under the Direction
OF the Maryland Historical Society
WILLIAM HAND BROWNE
Editor
BALTIMORE
Maryland Historical Society
1891
PRESS OF ISAAC FKIEDENWALD CO.
BALTIMORE, MD.
1302158
Rooms of the Maryland Historical Society,
Baltimore, November' 2, 1891.
To the Maryland Historical Society:
Gentlemen :
We have now the honor to submit the Tenth Volume of the Maryland
Archives, being the second volume of the records of the Provincial
Court.
Respectfully,
Henry Stockbridge,
Bradley T. Johnson,
Clayton C. Hall,
Committee.
PREFACE.
The present volume, being the second of the Provincial Court series,
continues the record without any manifest break down to 1658. The
rule of the commissioners under Parliament, after the battle on the
Severn and surrender of Stone, is marked by proceedings against the
Catholics, several of whom make confession of their faith in open court,
and are fined, ostensibly on the ground of complicity with Governor
Stone in his endeavor to hold the Province for the Proprietary.
There is here the same remarkable absence of crimes of violence that
we noticed in the former volume. There are but two cases of homicide
one of which was by Indians, and in the other, the evidence hardly
seems to warrant the conviction, though the culprit. Dandy, no doubt,
richly deserved hanging, if not for the murder of his servant, at least for
the murder of the Indian recorded in the previous volume ; and it would
have been an economy had he been hanged then.
On page 374, and elsewhere, there are references to allowances of
tobacco "out of the Dutch customs." The act of 1649 provided that
all tobacco shipped in Dutch bottoms to any other than British ports
should pay to the Proprietary a duty of ten shillings per hogshead. Of
this revenue one-half was to be applied to paying claims for services
rendered in recovering the Province from Ingle's brigands.
On page 336 we find one Symon Groves of New England designating
himself as a "tobacco-roller." This would seem to be one whose busi-
ness it was to roll casks of tobacco from the plantations to the landings;
which was done by fitting the cask with an axle and a pair of shafts.
Old "rolling-roads" still exist in some parts of the State, bearing witness
to the excellence of colonial coopers.
One of the oddest records is a formal agreement, or articles of court-
ship, entered into between Peter Sharpe, the stepfather of Elizabeth Gary,
and John Harwood. It appears that the party of the second part was
an old suitor of Elizabeth, but had not found favor in the eyes of her
parents, upon which he let his tongue wag rather too freely, and an
action of defamation was brought. To hush all scandal, the parties
indent that the damsel is to be removed to neutral ground, and that
there the said Harwood is to have full liberty to tender his affections
and press his suit in honorable fashion, one or more of the neighbors,
however, being present all the time; and the said Harwood paying the
vi Preface.
board and lodging of the said Elizabeth during the siege, whatever the
result. The party of the first part also covenants that during the speci-
fied time he will not use any persuasions or influence to the suitor's
disadvantage. Harwood, on his part, covenants that if he cannot win
Elizabeth in the prescribed six weeks, he will release her from all former
promises and foreswear her company forever. He also covenants that
if his suit is successful, he will never in all time to come cast up to
Elizabeth any former passages between them, under penalty of losing
all control over her estate. And it is further stipulated that Harwood
is to pay his own charges in the suit, and those of the plaintiff as well, if
he marries Elizabeth, otherwise she is to bear her own charges; with
which article this Pacification of Patuxent concludes.
NOTES.
Page 15, line 43. " Country duties." Some ailment; perhaps malarial
fever.
■ Page 17, line 23. Gap in original.
Page 22, line 16. "pound p pound," sic.
Page 25, line 2. The character which looks like r may be &.
Page 28, line 32. "way" for "was."
Page 29, line 18. Gap in original.
Page 71, line 36. The original is torn.
Pages 72 and 73. Words in brackets supplied from L. O. R. copy.
Page 80, line 8. Parenthesis interlined in original.
Page 86, line 3. Defect in original.
Page 100, line 10. This seems to be part of an answer from the
Council to a communication of the Kent Islanders.
Page 1 1.7, line 10. "Sedo," contraction for " sextodecimo."
Page 1 17, line 13. "Bull segg," a bull castrated when old.
Page 118, line 34. Word illegible in MS.
Page 134, line 36. "Ar," i. e. armigerum, "esquire."
Page 163, line 30. The scribe has made wild work of Dr. Wade's
learned terms : it should read " phlebotomy with diaphoretics and sudo-
rific cordial, and corroboratives."
Page 163, line 35. "Dormytine" for "dormitive."
Page 171, line 23. Words missing in original.
Page 173, line i. "21'''," sic, for "2 P."
Page 178, line 31. "servants," sic.
Page 187, line 40. Many of these marks are made upside down
because the signer did not turn the book.
Page 209, line 6. "may with safety" for "may consist with safety."
Page 215, line 15. This name is so written in original.
Page 225, line 8. Original torn.
Page 227, line 2. "Cersey" for "Kersey."
Page 235, line 27. "hind not" for "hinder not."
Page 241, line 34. "the plunder," i. e. the "plundering time," as the
raid of Ingle's brigands was usually called.
Page 262, line 13. "we my," sic.
Page 264, line 38. "Allder" for "Anther."
Page 267, line 45. "to made" for "to be made." An instance of
early brick-making.
Page 273, line 1 1. The figures seem wrong; but sic.
Page 276, line 18. "St. Clare's" for " Sinclair's."
viii Notes.
Page 283, line 15. Omission in original.
Page 283, line 26. "paupuss," i.e. pappoose.
Page 287, line 22. "country," perhaps for "countryman."
Page 291, line 17. "Ut sequut"" for "ut sequitur."
Pao-e 292, line 12. "lockorume," i. e. lockram, a coarse linen stuff.
Page 299, line 21. "St Wiaillmone," sic, for "William Stone," by
some mysterious confusion of the scribe.
Page 302, line 22. "ballance" for "valance."
Page 311, line 11. "i'"" for " i'."
Page 314, line 10. "1656" for "1653."
Page 31 7, line 9. "Dymycasters," i. e. demi-castors, some kind of
hat.
Page 345, line 37. "Dutch custom." See Preface.
Page 346, line 31. "confutacon" for "consultation."
Page 379, line 12. Gap in original.
Page 403, line 37. "dd," i.e. "delivered."
Page 419, line 37. "when y' the age." Something omitted in
original.
Page 435, line 19. "&" for "as."
Page 444, line 16. This Mrs. Hawley was the widow of Jerome Haw-
ley, one of the commissioners joined with Leonard Calvert.
Page 454, line 9. "should the heifer," perhaps "sold the heifer."
Page 490, line 21. "turn," i.e. round trip.
Page 503, line 21. The asterisks replace a word too coarse for pub-
lication.
Page 505, line 19. "und administered." Probably " unadministered."
Page 509, line 28. Vide King Lear, Act III, sc. 4.
Page 521, line 18. "beate their victuals," z.i?. pound corn in a mortar.
COURT AND TESTAMENTARY
BUSINESS.
Liber A.
p. 320
At a Court held at S' Maries ) Present Governor
26° ffebruary 1649 j Secretary
Mr Jo: Haiiowes pite I The hearing of this Cause having beene
Georg Manners deft / respited cver since 15° Novembr last The
defend' alleadged hee had since then several! times attended
the Court to make it appeare hee had fully satisfied the plte.
And the plte nor any for him appearing to -psecute It is
ordered that the pltes suite bee dismissed for want of psecucon
with 100' Tob: damages for the defend" attendance at severall
Courts.
Hugh Lee plte I The hearing of this Cause is further respited p- 321
Lt Wm Lewis def. j ^[l\ ^hg neXt Court.
Georg Manners plte 1 The def' not appearing It is ordered that
Paul Simpson def I the Tobacco & debts attached by the Sheriff
remayne lyable, by vertue of the Attachm', to the pltes demand,
till further Order.
Georg Manners plte 1 The defend' uor any on his behaulf ap-
cap. Edw: Hill deft ]" pgaring It is ordered that the 2 Cowes and
goods attached remaine lyable by vertue of the Attachm', to
the pltes demand, till further Order.
ffr Vanenden plte 1 The defend' nor any for him appearing
Nathaniel! Pope deft | jj jg ordered that the goods attached remaine
lyable, by vertue of the Attachm', to the pltes demand till
further order.
wiiin. Smoote plte "(^ Vppou the mocou of VViHm Smoote,
Mr cuthbt ffcnwick deft J ^nd ijvsall of an order of the 1 5"' of No:
last and severall other Orders made concrning the matter in
question, the said Smoote alieadging that in -psecucon of the
said Order of the 15'^ of November last, hee and WiHm
Stephenson in the said order named had beene several times
to search for and veiwe the Cowe in the same order men-
coned but could not find her, craved the benefitt of the said
former Orders, And nV Secretary declaring hee did not con-
ceive the oath of John Sturman to bee a sufficient Evidence in
respect it did not appeare thereby whether the said Cowe were
the Cowe in question or not. And it appearing to the Court
4 Court mid Testamentary Business, 1649-50.
Liber A. that the plte had very hard measure to bee dispossed of the
said Covve in an illegall manner, and yet bee put to the charg
and trouble of severall long Journeyes to search and make
proofe concerning her It is Ordered that the Sheriff or his
deputy is to deliver the said Cowe and her increase into his
possession where shee is to remaine till the Court see cause
otherwise to determine thereof.
Oct. 20''' 1640 M"^ 1 doe acknowledg myself indebted to
Tho: Weston of Virginia merchant the some of 166' of Tob: to
bee paid vppon demand by mee Giles Brent
M" Margaret Brent Attorney of Cap' Giles Brent maketh
oath that shee did really and bona fide pay the 166' of Tob.
menconed in the Bill aboue written to M' Westons vse not long
after the same became due And this shee deposeth to bee true
without any fraude guile or indirect intencons or reservacons
whatsoever.
William Stone Esq' the p'sent Governor who claymeth
right to the said M' Westons Estate being satisfied vppon
the Oath aboue written that the said debt is paid, delivered
vpp this day the originall Bill aboue recorded to the said M'''
Brent to bee cancelled
The Court rising the Governor appointed the next Provin-
ciall Court for this County of S' Maries to be held the 12''' of
June next.
ffebr 25° 1649 This day came L' WiHm Evans and
acknowledgeth himself to haue given vnto Andrewe Tompson
the Sonne of WiHm Tompson of little Brittaine late deceased
one 2 yeare old Hevfer W''"' hee bought of Margarett Brent
gent the Attorney of Cap' Giles Brent (as by the Bill of Sale
appeareth bearing date 10° Jan: 1649) marked of Coulor black
with blackish Homes with a great deale of White vnder her
belly, Cropt on both Eares, being one of the foresaid Cap'
Brents stock And hee further acknowledgeth to haue given
vnto the said Andrewe All the ffemale Increase of the said
Heyfer (the Male to bee to the said L' Evans vse in part of satis-
faccon for the good nutriture & educacon of the said Andrewe
during his Minority) from this day forever, towards the
advancem' of his porcon. As witnes his hand this 25''' ffebr 1649
William Evans
Recognit coram me WiHm Bretton
P- ^^^ Mrs. Marg: lirent on the bchauif ■) Whereas by Order of Court of the
of Mrs Kiire pite Anthony I first of Juue last made in this Cause
Kawiins defendt J somc question was made touching
a Heifer bought by this def of Willni Hardwich Concerning
Court and Testamentary Business^ 1649-50. 5
w'^'' the said def' at the request of his Lopps Attorney maketli ^
oath That hee doth not knowe that the Heifer in the said Order
menconed came of the said M'* Eures stock or that she hath
any right or tide therevnto but hath heard and verily beleiveth
it came of Thomas Sturmans stock
Jurat 17° die ffebr 1649 coram me
WiHm Stone
Whereas by order of the first of June last it was ordered that
WiHm Hardvvich should -pemptorily prove his right and title to
a Heifer then in question betweene M" Margarett Brent &
Anthony Rawlins or in default thereof the Court would
adiudg the same to bee M'= Eures The said Willm Hardwich
maketh oath That hee never sold any beast to w"^** (soe farr as
hee knoweth) M" Eures had any right or title or was of her
stock, saving one beast supposed to bee M'' Evres sould by
him to Anthony Rawlins, w'^'' Governor Calvert demanded of
the said Anthony and compelled him this depon' to repay the
Tobacco to the said Anthony w"** hee the said Anthony had
formerly paid to this depon' for the said Beast And this depon'
farther deposeth that the other Heifer w^"" this depon' sould the
said Anthony and w''"' hee conceiveth to bee the said Heifer in
question, hee this depon' had of Thomas Sturman his ffather
in lawe w'^'' hee verily beleiveth came of his said ffather in
lawes stock and not of the said M'' Eures soe farr as this depon'
knowes
Jurat 18° die ffebruary 1649 coram me
Wiftm Stone
11° ffebr intr June 20'*' 1649 Be it knowne vnto all men p-
by these p'sents that I Phillipp Land of the Province of Mary-
land gent doe hereby make over and deliver vnto WiHm Bretton
of the Province aforesaid gent All lands goods debts already
made or what shalbe hereafter made from the day of the date
hereof vntill the tenth of June next in the yeare 1650, as also
all ffees due any wayes to mee by my Office of Shereiffalty as
also all my Neate Cattell & Hoggs to the sole vse of him the
said WiHm Bretton his heires or Assignes. Provided that if the
said WiHm Bretton shall not bee any wayes dampnified by
standing ingaged for the said Phillipp Land in the some of
50000' Tob. as appeares vppon Record, That then the said
WiHm Bretton shall vppon the 25"' of March next repossesse
the said Phillipp Land of all his knowne Estate already made
over and delivered But if contrary, this Obligacon & deede is
to remaine in full force & Vertvie
Teste Roland Maes his marke Phillip Land
6 Cotirt and Testamentary Business, 1649-50.
i.ibcrA. Whereas I Charles Rawlinson am informed that ffrancis
''• ^'^ Brookes maketh some clayme to a Cowe w^"^ not long since I
sould to M^ John Hallowes and w^"- about 2 yeare_s since I
received of M'= Margarett Brent in part of satisfaccon of my
wages as one of the'ffort Souldiers I doe here vppon my oath
depose that when I received the said Cowe of M'^ Brent shee
was of his Lopps Marke, and also of his Lopps stocke for
ought 1 knowe to the contrary, and that the mark of the said
Cowe was never altered at the Crosse or elsewhere by mee or
by any other (soe farr as I knowe) nor never had any other
marke then the marke shee had when I soe received her as
aforesaid (soe farr as I knowe) nor never belonged to James
Cauther or ffrancis Brookes to the best of my remembrance, or
soe farr as I knowe or ever heard, otherwise then by the
clayme the said Brookes nowe (as I heare) makes vnto her
before meconed And further deposeth not
Charles Rawlinson
Jurat coram me 6° Marcij 1649
Tho: Hatton
Charles Rawlinson maketh oath that about 2 yeares since
(as this depon' remembers) Thomas Waggate comeing to the
Crosse House, there informed M" ffenwick then wife to M'
Cuthbert ffenwick that there was a Cowe and a Calf at S'
Inegoes ffort that belonged to Cap' Cornewalleyes w*^'' was
disposed of as one of his Lopps, or to that efi'ect, wherevppon
at the said M'' ffenwicks request this depon' and the said
Waggate did fetch the said Cowe & Calf from the said ffort
to the Crosse House, and that the said Cowe hath ever since
remayned in the possion of M' Cuthbert ffenwick as this
deponent taketh it, being the same (to this depon'^ best
remembrance) w""" this morninge WiHm Smoote veiwed in this
depon" presence at the Crosse House, and whereto hee layeth
clayme as the said Smoote informed this depon' W"'' Cowe
when this depon' soe fetched from the said ffort as is before
menconed (to this depon" best remembrance) was cropt on the
left Eare short and vppon the right Cropt somewhat long and
two slitts in the Cropp And this depon' doth not knowe that
the said Cowe did ever belong to his Lopp or was any of his
stock, nor to whom the said Cowe did or doth pply belong
And this depon' further deposeth that soe farr as hee remem-
breth the foremenconed Calf of the said Cowe was marked of
Cap' Cornewalleys Marke after it was soe brought from the
ffort as aforesaid, but whether it bee nowe in \\' ffenwicks
possion or yet living this depon' cannot depose And this depon'
never did alter the Marke of the said Cowe nor doth knowe
I
Coiirt and Testamentary Business, 1649-50. 7
that ever her Marke was altered or changed And further Liber a.
deposeth not
Jurat 6° Marcij coram me
Charles Ravvlinson Tho: Hatton
due vnto John dandy for worke done for Paul Simpson and
Appamattick folke, W'^ work I the said Paul Simpson doe
acknowledg to haue received of John dandy witnes my hand
this 24"" day of August 1649 W^'' doth amount to 723' of Tob.
with Cask w'''' I the said Paul Simpson doe binde my self to
pay vnto the said dandy or his Assignes
Paul Simpson
Witnes Tho: Maidwell
An Execucon was granted out vppon this Bill (according to
the Order of Assembly for the Smithes pay) 6° Marcij 1649
M' Hatton
These fewe Lynes are to certify you that wee both of vs
John Ashley & John Tragare doe acknowledg a Judgm' of our
debts due vnto M' Nicholas Gwither being two Bills one of
1 50' of Tob. & Cask and the other of 2 1 8' of Tob & Caske as
witnes our hands the 8'** day of ffebruary 1649
witnes The marke x of John Ashley
Wittm Eltonhead The marke x of John Tragare
To all people vnto whom this p'sentwritingshallcome greeting
in o' Lord God everlasting knowe ye that I John Thimbleby
and Wilim Browne in the Province of Maryland Planters haue
elected & chosen and in o' stead & place especially ordeyned
& constituted & appointed our trusty & welbeloved freind
Georg Manners of the same Province Planter our true & law-
full Attorney to aske gather recover for vs and in o' name and
to o' vse onely all such somes of Tob: as are of right ought to
bee due vnto vs the said John Thimbleby & WiHm Browne
from John Mollis of Appomattocks Trader, giving as full
power vnto our said Attorney as in vs lyeth to arrest sue
implead & imprison the body goods or chattells of the said
John HoUis or to take any other course for the recovering
thereof that the Lawes of this Province will allowe him In
witnes whereof wee the said John Thimbleby and WiHm
Browne haue herevnto put our hands the 4'*" of ffebruary in
the yeare 1649
witnes W'" Whittle his Marke Jo: Thimbleby
WiHm Browne
8 Co7irt and Testamentary Business, 1649-50.
-ii-cr A. 23° die April Anno dni 1649 This Bill bindeth mee WiHm
Tompson mee my heires execut" or Assignes to pay or cause
to bee paid vnto Ralph Beane his heires or Assignes the lust
some of 3500 waight of good merchantable Leafe Tobacco
with Caske to bee paid vnto the said Ralph Beane at or vppon
the lo'" of November next ensueing the date hereof In witnes
whereof I haue herevnto sett my hand the day & yeare aboue
written W" Tompson
Rowland Sissill
Tho: Thomas
March the i. 1649
This Bill bindeth mee Walter Pakes my heires exec" Adm"
or Assignes to pay or cause to bee paid to Walter Beane his
heires or Assignes the iust some of 2790' of sound merchant-
able Leafe Tob: with Cask, And for his better securit_, ^ binde
over my plantacon houseing moveables & vnriloveables, cattell
with all other things that is nowe in my possion And doe
deliver the same in the p'sents of vs whose names are here
subscribed There is more due five pounds of Beaver
Testes Rich: Nevett. Rowland Sissill Walter Pakes
This Bill bindeth mee Walter Guest my heires or Assignes
to pay or cause to bee paid vnto John Treleague his heires or
Assignes the full & iust some of 200' of Tob: to bee paid at or
vppon the 20''' day of November next ensueing the date hereof.
Witnes to the trueth hereof 1 haue hereto sett my hand this
first day of ffebruary 1649
The marke of Walter Guest
witnes Henry Bishopp
Knowe all men by these p'sents that I Phillipp Land confesse
my self to bee indebted vnto John Vnderhill his heires Exec'"
or Assignes the full & iust some of 100' of good Leafe mer-
chantable Tob: in leafe due to bee paid at or before the 10'''
day of November next ensueing the date hereof As witnes
my hand this 20''' day of december 1649 Phillipp Land
Witnessed by vs here vnder written
Robt Wiseman
Be it knowne vnto all people to whom this p'sent writing
sliall come before That I Richard Browne doe hereby consti-
tute & a|ipoint my welbcloved fTreind Georg Manners to bee
my true & lawful! Attorney in all Causes Whatsoever in as
full power as any Allorney ought to haue As witnes my hand
this second day of ffebr 1649
Rich; Browne
Test Jo: W ade
Coicrt and Testamentary Business, 1649-50. 9
March the 6''" 1649. I Phillip Land doe appoint L' Rich: Liber a.
Gvvither to bee my true & lawfull Attorney in all respects
whatsoever with as full power as any Attorney ought to haue,
and I doe by these p'sents disallowe & acquitt all former Lres
of Attorney by mee granted to Geo: Manners or any body else
Witnes my hand the day & yeare aboue written
Teste Tho: Hatton Phillip Land
M' John Pile his Marke for cattell & Hoggs viz: Cropt on p- 328
both Eares and the left Eare slitt in the Cropp
Luke Gardiner his Mark for Cattell & Hoggs viz. The left
Eare slitt, and the right Eare also slitt and the vnder half cutt
straight of from the bottome of the slitt.
Joh:' Nevill his Marke for Cattell and Hoggs viz: the right p. 329
Eare slitt and the left vnder-keeled
Thomas Munnes & Elkenath Bourne Seaman vppon theire p- 33^
Oathes depose & say as followeth viz: That about 7 dales agoe
they being imployed by M' Richard Husbands Marriner for
that purpose did receive of John Jarbo of the Province of
Maryland 2 HH'^' of Tob: for Raphe Beanes vse W*-'' they did
soe receive of the said Jarbo for good merchantable Tob: in
Leafe And that vppon the Receipt thereof as aforesaid they
these depon" rolling the Tob: thence the head of one of the
said HH"** fell out, it being then darke, and the next morning
these depon'* found the Tob: in the head of the said Caske soe
open as aforesaid to bee much of it ill condiconed durty wett
Tobacco, the stalkes & leaves mingled together. Wherevppon
the said Jarbo offered to give soe much good Tobacco as the
said Stalkes and faulty Tob: came to in waight. And these
depon'^ then opening the said other Hogshead found it to bee
in like manner faulty as the former And further these depon'^
say that both the said Hogsheads of Tob: being packed anewe,
the said Stalkes & faulty lob: being taken out did but make
vpp one full Hoggshead and about 6 or 7 ordinary bundles
over and aboue And further doe not depose
Vterq. Jurat 20 die ffebr 1649 coram nob:
W"" Stone : Jo: Price. Tho: Hatton
To his loving Cozen M' John Pott at Goulden Quarter
in Virginia these p'sent
Cosen John Pott Vppon Receipt of this my Note deliver
vnto the Bearer hereof M' Thomas Hatton or his Assignes a
good Milch Cowe to give him and his ffamily Milke. Which
Cowe I, doe freely give vnto his sonne Thomas Hatton to begin
12 Court and Testamenta7'y Btisiness, 1649-50.
The deposicon of William Boreman aged about 20'>' yeares
Sworne and examined at S" Maries in the Province of Mary-
land the 28"' day of May 1650. Saith
That about the yeare 1645. ^^^ this depon' being aboard a
certaine Pynnace (then riding in S' Inegoes Creeke) wherein
were certaine Clothes, bedding and some other goods (of great
value as this depon' beleiveth) belonging to M' Cuthbert ffen-
wick, who then imployed Andrewe Monroe as Master of the
said Pynnace And the said Andrewe having beene then sent
to by the said M' ffenwick to bring the said Pynnace into the
Creeke by the Crosse House Where M' ffenwick then dwelt
refused soe to doe but stayed where hee then ride with the
said Pinnace as aforesaid till M' Richard Ingle came into the
said Creeke with his Shipp who seised vppon or plundred the
said Pynnace and all the goods therein, the said Monroe
making noe resistance but rather (as it seemed to this depon')
willingly consented therevnto, who therevpon was imployed by
the said Ingle in the late Warrs by him raised against the
Goverm' of this Province. And did vppon that designe beare
command in another Pynnace then belonging to Cap' Tho:
Cornewallis, all or most of the time the said Ingle then stayed
in the Province, and more particularly at the taking & plun-
dring of INP Copleyes House at Portoback Where this depon'
was (amongst others) taken and brought downe Prisoner to
S' Maries in the said last menconed Pynnace wherein the said
Monroe then had command as aforesaid
Jurat die & Anno p'dict coram me Tho: Hatton
These p'sents witnes that I James Johnson of Poplar Hill in
the Province of Maryland and County of S' Maries Planter
(According to an Agreem' lately made betweene mee the said
James Johnson and M' Thomas Hatton his LofP' Secretary of
this Province on the behaulf of Barbara Hatton his Kinswoman
touching a Marriage then to bee had and solempnized
betweene mee the said James Johnson and the said Barbara.
W^'' marriage hath since taken effect and beene solempnized)
Haue and doe hereby in consideracon of the said Marriage
give grant make over confirme and deliver vnto the said Bar-
bara my nowe wife and to her vse as a Jointure in case she
happen to survive mee the said James Johnson my nowe
dwelling House andpiantacon at Poplar Hill aforesaid, as also
fewer Milch Cowes namely one redd Cowe called Cherry,
another called Nancy another called the wild Heifer and
another called the doctors Cowe nowe all marked with my
owne projjcr Marke together with all and every theire female
Increase to bee all of them marked with some destinct marke
of hers the said Barbaraes. Provided that if it shall happen
Cotcrt and Testamentary Business, 1649-50. 13
that my said Wife doe surviue mee having Issue by mee the L'''" *•
said James Johnson or being with child at my death shee is
onely to haue the free vse of all and every the Premisses
during her life, and that after her death, they shall remayne to
the vse of such eldest sonne as it shall please God I may haue
by my said wife, but if such eldest sonne shall happen to dye
before his age of one & twenty yeares then to such other
Sonne of myne by her the said Barbara as shall first attaine to
the said age, and for want of Issue male then to such daughter
as shall first attaine to that age or bee marryed And for want ■
of such Issue then to the sole & proper vse of my said wife soe
surviving mee as aforesaid her heires Executors & Assignes
for ever Witnes my hand this last day of May Anno dni 1656
James Johnson
signed & delivered In the p'^sence of
Tho: Hatton
Margaret Hatton
X
her Marke
3° Junis William Hungerford his Marke for cattell & p- 336
Hoggs viz: Cropt & holed on both Eares.
Arthur Turner his marke for cattell & Hoggs viz: Cropt
and two slitts in the Cropp on both Eares.
John Harwood his Marke for cattell & Hoggs viz The right
Eare flower deluced, and the left cropt and vnder keeled.
John Courts his Marke for Cattell & Hoggs viz: The right
Eare cropt and holed and the left Eare slitt and half taken
away behinde and a hole vnderneath in the middle of the Eare.
ffrancis Pope his Marke for cattell & Hoggs viz: The right
Eare swallowe forked, and the left slitt & half taken away
behinde.
Richard Smith his Marke for Cattell & Hoggs viz: The left
Eare cropt and holed, and the right slitt downe, and the half
before and a litde peice behinde taken away
5° Junis May 24"' 1650. Knowe all men by these p'sents
that I Walter Guest of Newtowne in the Province of Maryland
Planter In considcracon that Willm Johnson of S' Georges
Hundred in the Province aforesaid Planter hath bound himself
for mee and my onely vse and passed Bill or Specialty there-
fore vnto John Medley of Newtowne Planter to the value of
2000' of Tob: and Caske I the said Walter Guest doe hereby
14 Court and Testamentary Business, 1649-50.
Lihcr A. and by these p'sents binde make over and deliver vnto the
said WiHm Johnson or his Assignes for his better security all my
croppW^'^ I shall make plant tend or bee possessed of both Corne
Tobaccoes and all other pvision or Provisions whatsoever in
John Medleyes Plantacon or elsewhere to the sole vse of him the
said Wiilm Johnson or his Assignes as aforesaid In witnes of
which delivery and for due performance of the said delivery
and Contract for security I haue herevnto sett my hand the
day & yeare abouewritten.
The marke of
Signed & deliv^ed in p'sence of me Walter x Guest
Wittni Bretton.
Matthias Bryan his Marke for Cattell & Hoggs viz: The
left Eare cropt and 2 slitts in the Cropp and a hole in the right
Eare.
2'''= April 1650. This day came Thomas Greene Esq' and
acknowledged himself to haue given vnto his sonne ffrancis
Greene one blackish browne Cowe comonly knowne by the
name of Mopus, slitt on the right Eare, and the left vnder-
keeld, with all her Increase for ever towards the raising him a
porcon. And one other browne Cowe knowne by the name of
Bobb vnto his sonne Thomas Greene in liewe of another Cowe
of his disposed of lately by my self.
Tho: Greene
Ita testor Tho: Hatton
April 26° 1650. Memorand that I ffrancis Brookes of S'
Maries doe hereby assigne over vnto Cap' WiHm Stone Esq'
(in consideracon of a debt from mee oweing vnto the said
Cap' Stone) Eighteene Hundred pound waight of Tob: and
Cask vppon all or any of the Burgesses of this Assembly w'^'^
hee shall make choise of and desire for soe much as any of
them are indebted to mee for theire particular expences
during this Assembly The Marke of
Witnes my hand ffrancis Brooks
Witnessed by mee Willm Bretton
27° April 1650 ffrancis Vanenden bindeth himself in the
first place to pay vnto Barnaby Jackson 1500' of Tob: and
Caske next to Walter Beane 1000' of Fob: and Caske, and to
John Halfhead 1000' of Tob: & Caske out of the Tobacco due
to him for Ordinaries this p'sent Assembly w''' hee hereby
maketh over for security of paym' of the said severall debts
before menconed respectively francis Vanenden
Ita testor Tho: Hatton
Court and Testamentary Business, 1649-50. 15
These p'sents doth testify that I Leonard Calvert Esq' doe '^'^^" A-
binde my self to deliver or cause to bee delivered vnto Joane °' ^^^
Tompson for the vse of Thomas Butler deceased his Children
two Cowe Calves of three monethes old some time in June
next after the date hereof Witnes my hand this tenth of ffeb-
ruary 1646
L: Caluert
At a Court held at S' Maries ) i Governor
18 die April 1650 j Present < Secretary
( Cap' Robert Vaughan
Humfry Tabb pite ) ^^^^ ^^'"^ ^^f" being apprehended by the
I'.enedict Pearse and |. Sheriff by vertue of the Governors Warrant
w.uiam Allen defts ) ^^ Runawayes vppon theire exaiacons this
day severally confessed that the said Benedict Pearse was
servant to one John Taylor, and that Willm Allen was servant
to Bartholmewe Wethersby in Virginia And it appearing by
Sir William Berclayes Lre that the said Humfry Tabb had
power to remand them It is therefore ordered that they bee
delivered into the custody of the said Humfry Tabb to bee by
him returned to theire severall Maisters together with a Boate
seised on by the Sheriff in theire possions and belonging to
the said Weatherby the said Tabb satisfieing what is clue to
the Sheriff for executing the said Warrant
At a Court held at S' Maries ) p'sent T Governor Secretary
19° die April 1650 j ^ M"^ Greene M' Pile
( Cap' Price
Mr John Trusseii pite 1 The plte complayneth against the defend'
Walter I'akes deft / fgj. detayuiug from him a Boy heretofore
taken by the Indians in the last Massacre in Virginia and by
them since those Warrs returned back to bee p'sented to Sir
W"' Berclay Governor there who was pleased to give the said
Boy to the said M"' Trusseii. The defend' appearing vppon
the Governors spiall warrant, denyed that hee detayned any
Boy of the pltes but said that the Boy in question was his the
def" owne child taken from him by tlie Indians the last Mas-
sacre in Virginia where hee then dwelt, Wherevppon the def'
produced his testimony being as followeth
Hugh Lee aged 41 yeares or thereabouts sworne & examined
saith that about the later end of August 1647. Walter Pakes
his wife being at the House of James Claughton deceased,
there was a Boy that M' John Trusseii was a carrying home
that had beene a Captive amonge the Indians and at this time
was troubled With the Contry duties, and the foresaid Pakes
his wife did vndertake in the p'sence of this depon' Willm
1 6 Court and Testamentary Business, 1649-50.
ber A. Rayiiolds and Thomas Haills that her husband should cure the
aforesaid Boy and shee would returne him againe as soone as
the Boy was cured, and M' Trussell by Agreem' was to pay
Walter Fakes his wife 100' of Tob. And further saith that
when the said Pakes wife was questioned by M' Trussell what
power shee had to make any such Agreem" shee made answere
that shee had a Lre of Attorney from her Husband to doe any
busines whatsoever. And further saith not
Hugh Lee
William Raynalds aged 42 yeares or thereabouts sworne
and examined saith that the abouesaid deposicon is the reall
truith, onely this depon' remembreth that Walter Pakes his
wife was to returne the abouesaid Boy within a moneth or 6
weekes at the furthest and further saith not W" Reynalds
Thomas Haills aged 39 nyne yeares or thereabouts sworne
& examined saith That both the abouesaid deposicons is the
reall truith. And that the woman abouesaid was soe impor-
tunate that 1\P Trussell could not bee ridd of her till shee had
the aforesaid Boy and shee promised to bring him over againe
within a moneth or six at the farthest. And further saith not
Tho: Haills
Jurat coram Jo: Mottram
Tho: Speke
vppon pvsall & consideracon of w"^*" deposicons, and it being
alleadged by the plte that the def' had before lived sometime
in Virginia at the next House to the place where the said Boy
was kept and never made any clayme vnto him as his owne or
p. 33S otherwise, w'^'' the deO was not able to disprove. And for that
Thomas Greene Esq' one of his Lo^p' Counsell nowe p'sent in
Court averred that the def' not long before Easter last had
tould him that hee rather conceived the said Boy was the
Child of one John Winchester, then his owne w^"" the defend'
confessed Though the Court bee very tender & circumspect of
depriving any one of his Child if either by proofe or probable
circumstance it were made appeare Wherein the defend' was
defective And it further likewise appearing to the Court by
the deposicon of M' John Pile taken in open Court that the
def'^ wife had lately tould him that word had beene sent to M'
Trussell by her or her husband that if hee would pay 300' of
Tob: to the def' the Boy should bee delivered to him It is
therefore ordered that the def' shall deliver the Boy in question
to die plte The defend' expressing in open Court hee desired
noe satisfaccon for keeping of him
April iq"" 1650. 1 John Trussell doe hereby assigne and
put over from niee my heires Exec'^ Adm'' or Assignes all my
Court and Testamentary Business, 1649-50. 17
right title clayme or Interest of one Boy called by the name of Liber a.
Peter (w'=*' by order of Court was awarded mee,) vnto Walter
Pakes his heires Executors Adm" or Assignes Witnes my hand
John Trussell
The deposicon of M' John Pile one of his Lo^p' Counsell
taken in open Court the 19'*' day of Aprill 1650 saith.
That not long since hee heard Walter Pakes his wife say that
there was word sent either by her or her said Husband about
a 12 moneth since (as hee remembers) to AT Trussell of Che-
cacone in Virginia that if hee would pay 300' of Tob: or there-
abouts to her said Husband or to John Sturman to her said
Husbands vse the Boy nowe in question betweene the said
Trussell and the said Pakes should bee delivered to him the
said M' Trussell if hee would fetch him or to that effect.
At a Court held at S' Maries ) p'sent f Governor
22''^ April. 1650 j J, Secretary
( Cap' Vaughan
Thomas Bradnock by Zachary ) ^he plte sueth to bee releived for
Wade his Attorney plte Edward \ charges of Court by reaSOH of 3. false
""^'°"'^''' -• oath taken by the def at a Court
held in the County of Kent 24° May last in a Cause betweene
him the said Bradnock plte and the said Hudson def' adiudged
against the plte to the value of and damages as
appeared by proofe nowe pduced The defend' not denyeing
the Offence It is therefore Ordered that the defend' shall pay
such charges of Court as shalbe made appeare was incurred by
the plte by Certiff' from the Cofiiander of Kent by October
Court next.
March 22'^ 1649 Knowe all men by these presents that I
Thomas Bradnox of the Isle of Kent in the Province of Mary-
land planter doe constitute & appoint my welbeloved freind
Zachary Wade of the aforesaid place planter my true and law-
full Attorney at S' Maries in the aforesaid Province in all
Causes wherein I shalbe plte to all effects & intents as any
Attorney ought to bee In witnes whereof I haue herevnto sett
my hand
Signd
Witnes Robt Vaughan — ffrancis Lumbard. Tho: Bradnox
The deposicon of Edward Hudson aged 25 yeares or there-
abouts taken in open Court this 23''' of June 1649 Sworne &
examined
Saith Being demanded where hee had a parcell of peese that
1 8 Court and Testamentary Bi<siness, 1649-50.
iber A. hec had hid in m' Bradnox Corne Loft, made answere that hee
had made them out of his Cropp at goodman Munday, and
carryed the Hke -pcell of peese to m' Bradnox his House,
hkewise being demanded where hee had a Kacke of Sope, this
depon' made answere that one Sepert gave it him. Likewise
being demanded of him concerning a parcell of Sliott that was
likewise hid in tlie Corne hee made answere that hee had it of
one Mauche a dutchman the quantity of three suites and the
other was his owne, and being demanded where hee had a
p- 339 bottell of Vinegar that hee had Hkewise hid in the Corne, this
depon' made answere that one Sepert give it him And further
saith not.
Sign
Jurat coram nos Edw: Hudson
Robt Vaughan. PhilHpp Connor. Nichas Browne
The deposicon of Sepert derrickson aged 25 yeares or
thereabouts taken on the 28''' of ffebruary 1649 Sworne &
examined
Saith that Edward Hudson never had noe Soape of him,
nor Vinegar' neither and that it was falsely said of the said
Hudson to say that hee had any such things of him and
further this depon' saith not
Jurat coram me Robt Vaughan
The deposicon of Cornelius Cornelinson Van de Graft aged
2 2'>' yeares or thereabouts taken on the 1° of March 1649
sworne & examined
Saith hee never gave Edward Hudson any powder or
shott or any other thing in his life And further this depon'
Jurat coram me Robt Vaughan
P- 340 24° Junis M' Phillipp Land his Marke for Cattell & Hoggs
viz: A Hole cut in the right Eare and vnderkeeld, and the
Left Eare cropt and two slitts in the Cropp.
24" Junis Knowe all men by these p^sents that I ffrancis
Brookes doe assigne over vnto Edward Hall two thousand
waight of lobacco and Cask of the said Leavy due to ffrancis
Brookes from the Contry, the w^" is for a bargaine of Cattell
bought of Edward Hall In witnes hereof the tenth of June in
the yeare 1605.
,,,., ,^ ^,. ihe marke of ffrancis Brooks
Witnes Jeffery Oliver
the Marke of Georg Manners
Court and Testamentary Business, 1649-50. 19
24° die Junis Anno 1650. Knowe all men by these p'sents i-'^'e'- a.
that I Edward Hudson doe wholy make Over my Cropp of
Corne and Tobacco vnto Georg Manners for the full paym' of
sixe hundred weight of Tobacco & Caske, the w'^'' I doe
acknowledg the said Georg Manners to haue paid for me
Witnes my hand the day and yeare aboue written
Sigill Edward Hudson
Witnes Raphe Crouch
24° Junis ffebr the 12'*" 1649. I John Vnderhill doe ap-
point my loving ffreind Georg Manners to bee my true and
lawfull Attorney in all Causes whatsoever with as much power
as my self In witnes herevnto I sett my hand the day and
yeare abouewritten John Vnderhill
Witnessed by vs. Beniamin Cowell, Arthur Turnor
. 24° Junis I Margarett Brent of S' Maries haue appointed
and doe hereby constitute and appoint my loving ffreind
Georg Manners to bee my lawfull Attorney to demand sue
for and recover all debts goods or other dues belonging vnto
mee, my brother Giles Brent from any person or persons in
Maryland or to answeare any suites against any of vs aboue
named after notice from mee And whatsoever my Attorney
shall doe in the p'misses I doe hereby ratify and confirme
Witnes my hand this 13"' of Aprill 1650
Witnes Mary Brent Margaret Brent
24° Junis Novembr 2^° 1646. These p'sents witnes that I
Giles Brent of Maryland Esq' haue made & appointed and
doe hereby constitute & appoint my loving Sister M'* Mar-
garett Brent to bee my Attorney to demand sue for and
recover all debts goods & cattell appertayning to mee in
Maryland or due from any persons there vnto mee with full
power to give discharg for the sume received and to the said
effects to appoint & constitute any other party to bee my
lawfull Attorney And whatsoever either shee herself or any
other soe appointed by her shall doe concerning the p'misses I
doe hereby obleige my self to ratify Witnes my hand.
In the p'sence of Richard Power, Mary Brent Giles Brent
24° Junis Knowe all men by these p'sence that I Richard
Nevett doe constitute and make Georg Manners my true &
lawfull Attorney to prosecute and answerc the suite of WiHm
Bruff and other Causes to end with as full power and authority
as I my self were there p'sent Witnes my hand this third day
of June 1650 Sigill Richard Nevett
witnes Raphe Crouch
20
Conrt and Testamentary Business, 1649-50.
25" Junis Robert Kadger his Marke for Cattell & Hoggs
viz: The left Earccropt and two slitts in the Cropp. and the
right Eare slitt in the middle onely
25 Junis WiHm Brough his Marke for Cattell & Hoggs
viz: The right Eare overkeeld and the left vnderkeeld
25" Junis Humfry Atwick his Marke for cattell & Hoggs
viz: The right Eare cropt and the left vnderkeeld throughout
the Eare
25" Junis Thomas White appointeth Georg Manners his
Attorney in all Causes in Court till hee shall otherwise declare
25° Junis ffrancis Poesey appointeth M' Richard Browne his
Attorney to psecute & defend all causes concerning him this
p'sent Court on his behaulf
25° Junis M' Edward Tompson doth desire & authorise
M' Thomas Hatton his Lo^p^ Secretary to recover and receive
for him from M'^ Margarett Brent or her Attorney the cattell
menconcd in an order of Court made this p'sent 25"' of June
betwixt him and the said M'' Brent witnes his hand
Edward Thomson
Wittnes Mathew Stone
June 20"" 1650 These p'sents witnes that I William Bretton
of Newtowne Gent, haue sold and delivered, and by these
p'sents doe sell deliver and make over one black Heifer about
two yeares old marked with my owne proper Marke viz: Over and
vnderkeeld the right Eare, and cropt the left Eare, having two
little small white spotts vnder the Belly, vnto Charles Maynard
of Newtowne aforesaid planter And 1 doe hereby avouch the
sale of the said Heifer vnto the said Charles his heires or
Assignes, and will mainetaine the same against all iust claymes
in lawe whatsoever
Witnes my hand Wittm Bretton
Witnes Wittm Evans
The deposicon of M' Paul Simi)son Marriner aged 60 yeares
or thereabouts sworne and examined the 28"'' day of June 1650
Saith. That about March last hee being with L' WiHm Lewis
at Apjjamattocks in the County of Northumberland in Virginia
then and there heard M' John Hallowes his wife say to the
said L' Lewis, that she suspected hee had inveigled and in-
tended to carry away one WiHm Greenestead and Thomas
Meredith who shee said were servants that had run away or
absented themselues from dieire M" service or to that effect
Court and Testamentary Business, 1649-50. 21
And this depon' therevppon advised the said Leiv' Lewis not i-'ber a.
to meddle with the carrying of them thence. And this depon'
doth not certainely knowe but saith it is very pbable the said
L' Lewis did (not long after) carry away with him the said
Greenestead and Meredith from thence to Portoback, for that
about a fortnight after hee sawe them at L' Lewis his House
there. But this depon' saith the said Greenestead and Mere-
dith went from the said L' Lewis his House at Portoback
vppon Whitson Tuesday (as hee remembers) and that hee never
sawe them there since, neither doth hee knowe where they
were at any time since, but hath heard they were gone to
Virginia And further hee cannot materially depose
Jurat coram me Tho: Hatton
6 April 1650. An Administracon of the personall Estate of p- 342
John Palmer deceased was this day granted to M' Thomas
Bradnock of the Isle of Kent, and sent inclosed in a Lre to M'
Phillipp Connor with warrant and direccon to him to admin-
ister the Oath to the Administrator and Appraisers and to take
Bond of the Administrator &c and to make returne thereof.
W"'^ accordingly hee did manner following Viz:
To the Secretary of Maryland &c
(Jut al) Sir I haue sent you hereinclosed M' Bradnocks
Bond of 5000' of Tob: with the Inventory of all the goods of
John Palmer I haue taken M"' Bradnocks oath with the two
Praisers being Henry Morgan and ffrancis Lumbard Soe &c
I rest
from the Isle of Kent this Y""^ servant whiles I am
28"^ of Aprill 1650 Phillipp Conner
This 24"^ of Aprill 1 650. These are to whom it may concerne
Knowe ye that I Thomas Bradnox of the Isle of Kent the Ad-
ministrator of John Palmer late deceased doe by these p''sents
acknowledg my self indebted vnto the Lord Proprietary the
iust some of 5000' of Tob: to bee paid vppon demand after the
date of these p'sents
The Condicon of this p'^sent Obligacon is such that if the
abouc bounden Thomas Bradnox shall and Will well and truely
keepc and make or cause to bee kept or made a true? & pfect
Accompt of all and every the Estate of John Palmer late
deceased as farr as hee may, and give a iust Accompt for the
same when hee shalbe therevnto required by his Lo^p and the
Governor and Counsell or other Judg therevnto authorized for
that purpose That then this p'sent Obligacon is to bee voide &
of none effect otherwise to stand and remayne in full force
power strength and vertue in Lawe
Sign. Tlio: Bradnox
Witnes ffrancis Lumbard Sign Henry Morgan
2 2 Court and Testamentary Business, 1649-50.
A. This 24"' of Aprill 1650. An Inventory of all the
goods of John Palmer late deceased
Impris 19 Ells of Canvas at 7' -p Ell 103
Item 4 Ells Holland at 20' p Ell 080
Item 5 Ells of course Lynnen at ' p Ell 060
Item 2 paire of Shoes at 20' -p paire 040
Item one paire of Wosted Stockings at 25 p paire 025
It one paire of redd stockings at 16 p paire 016
It 2 paire of course stockings at 8 p paire 016
It 2 Ells more of Holland at 16 p Ell 040
It one white Wastcoate at 60' 060
It yards and half of broadcloth at 40 p yard icx)
It one Shute of Broadcloth 180
It 3 barrells of Corne and half a barrell of Eares 325
It 18' of drinking Tobacco 018
It 8' of powder at pound p pound 064
It 48' of shott at 2' p pound 096
It 2' of Soape 6' p pound 01 2
It I pare of Cards 2 old knives & i old Razer & 3 hancks )
of threed & a paire of Sizers j 018
343 Item one sword & Belt 100
It 2 old Hoes & 2 old Axes 040
It one Hatt 050
It I ffeather bed a boulster & a course Covering 400
It I lace Band 020
It I Chest 060
It I shooting Gunne 250
It I bushell of Salt & 6 spoones 030
It 2 old Shirts 030
It I old Capp 008
It I Bill of John Bennetts of Corne 340
3'<4 Be it knowne vnto all men by these p'sents that I Leive'
WiHm Lewis of Portobacco in the Province of Maryland doe
make and convey over vnto Paul Simpson Marriner his heires
& Assignes for ever All my Cropp of Tobacco w""*" is nowe
.this p'sent yeare standing and groweing at Portobacco. And
345 haue delivered him the said Simpson part in possession in
liewe of the whole Cropp Which Cropp is made over to the
said Simpson for die security of seaven thousand three hun-
dred eighty and fower pounds of Tobacco and Caske to conteyne
the same As witnes my hand this tenth day of July Anno dni
1650
Wittm Lewis
Witnessed by \s John Hallowes, Robert Spicer
Court and Testamentary Business, 1649-50. 23
M' William Wilkinson clerke his Marke for Cattell & Hoggs i^*''"
viz: The right Eare swallowe tayled and the left Eare whole.
1° Junis The Court formerly appointed to bee held the
twenth of June was this day by Proclamacon adiourned till the
25''' of June
t a Court held at S' ) prgsent. The Governor. Thomas Greene Esq'
anes the 25 of V ^ , j^,^^ p^;^ j^. ^j^^. ^^^^^^
ne 1650 ) ^ ■'
The pltes suit being for three hundred
thirty nyne pounds of Tob: in Caske pay-
able by Bill the tenth of November last, George Manners the
def" Attorney confesseth the debt -put -p Billam. It is ordered
that the defend' shall forthwith pay vnto the plaintiffe the said
Three hundred thirty nyne pounds of Tob. and Caske with
charges of Court.
21 No: 1650 Execuc ad satisfaciend
The pltes suit being for fower hun-
dred and forty pounds of Tob: & Cask
and two Barrells of Corne payable the tenth of November last
by Bill. M' Phillipp Land Attorney for the deP acknowledgeth
the debt -put p Billam, all but one barrell and an half of Corne
w"='' hee saith is paid w'''' the plte likewise acknowledgeth.
It is therefore ordered that the defend' shall forthwith pay vnto
the plaintiffe the said fower hundred and forty pounds of Tob:
and Caske and half a Barrell of Corne with Court charges
21° No: 1650 Execuc ad satisfaciend
June 21° 1650. These p''sents Witnes that I Bartholmewe
Phillipps doe hereby constitute & appoint M' Phillipp Land my
true and lawfuU Attorney in all Causes wherein I shalbc either
plaintiffe or def' within this Province Witnes my hand
Test W" Bretton Sign Barth. Phillipps
Mr wiiim Brough pite ^ The Complaynauts suite being for
e^'xecrrofw'Tom'pr'on'her \ ^^^er hundred twenty and three
late husband deceased deft j pounds of Tob: and Cask due to him
out of the decedents -Estate by Bill and payable die tenth of
November last. The def' L' Evans acknowledgeth the debt
put p Billam but craves the liberty of an Administrator allowed
heretofore in this Province of a yeare and a dayes respite.
This Court therefore being not willing to infring the said
Custome in point of time of paym' doth order that the def'
shall pay vnto the plaintiffe out of the said decedents estate
the said fower hundred twenty and three pounds of Tob: and
24 Court and Testamentary Business, 1649-50.
•»>" A. Caske by or vppon the tenth of January next being a twelue-
moneth and vpwards since the decedents death or in default
thereof Execucon tlien to issue out if the plaintiffe desire it.
Aprill 26''' 1650. Knowe all men by these p'sents whom it
may conccrne that I Henry Brookes of Apomattocks planter
doe hereby constitute appoint and ordeine Georg Manners of
Maryland planter my true and lawfull Attorney and in my
name to sue arrest & implead recover & discharg all men who
is any wayes indebted vnto mee to all intents and purposes
as if I my self were personally p'sent Witnes my hand the
day & yearc abouc written The marke of
Signed & delivered in Henry Brookes
the p^sence of
Nichas Gwiter
p. 346 Henry Brookes pite 1 The Comp'" by Georg Manners his Attor-
NichasCawseenedeft / ney sucth to bee releived foraGunne taken
from him in the late troubles by Governor Calverts direccon
vppon "pmise of redelivery as hee alleadgeth. W"'' Gunne
being since come to the def" hands hee refuseth to deliver the
same to the plte. The defend' denyeth soe farr as hee knowes
that hee hath any Gunne of the pltes, but saith that Governor
Calvert in his life time gave him a Gunne w""** hee still hath.
Wherevppon the plte Attorney moved that the said Gunne
may bee -pduced in Court to morrowe to bee veiwed W'^'' the
Court doth order accordingly and will then further -pceed in
the Hearing of this Cause.
John Maiham plte I Hic Comi)lte makcth oath in open Court
Lt wiiim Lewis deft / that about the middle of March last hee being
then Sheriff of Northuml/land County in Virginia had in his
custody as Prisoners Willm Greenestead and Thomas Merriday
twoe Runaway servants. W'^'^ 2 Runawaies hee is credibly
informed and verily beleiveth that the def tooke with him to
Portoback at such time as they were this depon" Prisoners as
aforesaid
Vppon the Peticon and Affidavit of John Maiham before
recited It is ord'ed that a warrant bee issued out directed to
the Sheriff of S' Maries County to appoint L' WiHm Lewis
either forthwith to deliver the said Prisoners or the said Sheriff
in case of refusall is to apprehend and bring him forthwith
before the Governor & Counsell to answcre the charge laid
against him at the said Malhams suite
Court and Testamentary Business, 1649-50. 25
Warr' supinde 27° Junij and a subp^" to Paul Simpson to bee Liber a.
examined as a Witnes in this Cause on the pltes behaulf r
imediate
John dandy pite "i M' William Eltonhead orent maketh oath
Mr Rich: Husbands } . , , , ,'=' ^ „ , ,
Marriner deft J that about the later end of ffebruary last
being aboard M' Richard Husbands Shippe then riding in S'
Georges River hee heard the said M' Husbands say hee would
punish John dandy who was then aboard the said Shipp, and
then called for some of his seamen and commanded them to
binde the said dandy And afterwards the said dandy sending
for this depon' hee therevppon went to him in the Gunroome
where hee found him the said dandy bound having his Armes
fast pinioned behind him and tied to his neck with a Cord in a
rigorous fashion And the said dandy then tould this depon'
the said Husbands had soe bound him And therevppon the
seamen telling this depon' the said Husbands theire Maister
had bound him and they durst not vnloose him hee this depon'
then vnloosed the said dandy And further deposeth not
Jurat 25° Junii coram me Tho: Hatton
^ ,, , ,, , > The matter in question betwixt the
Georg Manners plte Marks 1 ■ i • • • r \
Pheypo Nichas Keetinge I said parties consistuig ot Accompt
defts And Nichas Keeling plte f ^^^i> being imperfect and not fitt for
and Georg Manners deft J j^».^_ f. „ ^ ^
the determmacon oi the Court at
p'sent. It is by consent of all parties ordered That all matters
in difference betwixt them bee referred to the hearing exam-
inacon & determinacon of M' Cuthbert ffenwick M' Wiftm
Eltonhead and M' Richard Willan who are hereby authourised
to call the said parties and theire witnesses before them at any
time before the next Court as they shall thinke fitt, and to
examine them or any of them vppon oath for the better stating
of the Accompts and settling of all differences, And by all
good meanes to determine all the said differences if they can or
else to certify theire proceedings together with theire opinions
therein And the Court will therevppon make such further order
therein as shalbe fitt And the said pardes and every of them
doe hereby obleige themselues severally in the some of Tenne
thousand pounds of 'Fob: & Caske to stand to such end &
determinacon therein as the said Referrees shall happen to
make, to bee paid by the. discenting party or parties to the
other party or pardes that shall not discent from the said
determinacon And the said Nichas Keeting doth hereby
obleige himself on the behaulf of the said Marks Pheypo for
whom hee is Attorney that hee shall comply in all things with
this p'sent Order
Nicholas Keeting
The marke of Georg Manners
26 Court and Testame7itary Btisiness, 1649-50.
Liber A. Menioraiid that I Marks Pheypo cloe hereby constitute my
''■ ^•'^ loving ffrcind Nicholas Keeting my true & lawfuU Attorney for
mee "^nd in my name to demand & receive all debts or
Accompts due vnto mee by specialty within this Province or
otherwise and further to acquitt sue release imprison any per-
son or persons with as full power as to any Attorney may
belong, and what my said Attorney shall performe herein
shalbe good in lawe Witnes my hand Anno dni 1650 June
the 4'''
Markes Pheypo
wiiim Hardwich pite 1 The pltc sues to bee releived against the
Walter Beane deft / (jgft fpj. great Costs and charges by him
sustayned in a suite formerly depending betweene him the
said nowe Complte plte and Cap' John Price defend' by reason
of an imperfect Verdict brought in by the nowe defend' then
foreman of the Jury in that Cause as hee alleadgeth. To this
the defend' alleadgeth that the Verdict was -pfect and that the
Jurors all agreed thereto.
Barnaby Jackson one of the Jurors in open Court maketh
oath that after the Verdict nowe in question was brought in by
the Jury (die same day as this depon' taketh it) \\'iHm Stiles
one of the then Jury in this Cause expressed in this depon'^
hearing that after hee heard the greater part of the Jury give
theire assent to the verdict then to bee by them brought in,
hee gave his consent thereto also : or to that effect
Vppon the debating of this Cause, WiHm Hardwich the plte
vsed some opprobious words to Tho: Greene Esq' p'sent in
Court viz: That when the Cause formerly came to hearing hee
the said M' Greene his Lopp' then Governor, put him the
Complte in prison to take him off from psecucon of his Cause,
or to that effect, whercvppon the Court fined him 300' of Tob.
& Caske to his Lopp and imprisonm' during the Governors
pleasure. But hee expressing "himself very sorry for his Offence
and asking M' Greene forgivenes in open Court The Governor
discharged him of the Imprisonm' and NP Greene remitted the
offence soe farr as lay in him, and the Governor vppon his
submission remitted the ffine
The further hearing of this Cause is respited till the next
Court and the plte may then pceede if hee thinke fitt
Edward Tompson plte I The plte On the behaulf & as Guar-
dian of the Children of Thomas Buttler
deceased sues to bee releived against
the def Executrix to Leonard Calvert
Esq' deceased for two Cowe Calves
payable three yeares since to the said
M" Marg: Hrent deft
Vppon the back of
the cxccucon agt M"
Margaret Brent in this
cause is indorsied as
followeth Viz.
Court and Testamentary Business, 1649-50. 27
Septembr 1653 at
a Court held for the County
of Northumbland I doe
acknowledg to haue of Mi's
Margaret Hrent full satis-
faccon for this within
written Execucun
Teste Edw. Tompson
Samuell Smith
Tho: Wilfred.
Childrens vse As by Governor Calverts L''^^'' '^■
Bill vnder his hand vppon record ap-
peares, togedier widi dieire Increase &
damages lo w'^'' Georg Manners the
def" Attorney acknowledgeth the debt
put -p Bill, but for the Increase referreth
himself to the Judgm' of the Court, and
prayeth to bee secured in the possion of the House & Plan-
tacon in liewe whereof the said Bill was enterd into by the said
Governor Calvert It is therefore ordered that the defend' shall
within three weekes pay and deliver vnto the pke or to whom
hee shall appoint for the vse of the Children of Thomas Buttler
deceased two Cowes and two Calues And soe doeing the said
def' her heires and Assignes are hereby warranted to hold and
enioy the quiett possession of the House and plantacon here-
tofore of Thomas Butler deceased in liewe whereof the said
Bill was entred into by Governor Calvert against the said
Children or any of them or any clayming by from or vnder
them or any of them And vppon the delivery of the said
Cattell the pke is to give such security as the Court shall
thinke fitt to p'serve them and theire Increase for the said
Childrens vse
E.xecucn ad satisfaciend i 2° Oct against Body
Vppon the Mocon of L' Gwiter High Sheriff for an allow-
eance for his paines taken in apprehending certaine Runa-
wayes vppon the Informacon & request of Humfry Tabb and
other paynes & charges about that occasion The Court thinks
fitt and doth allowe him 200' Tob and Caske.
Vppon the earnest mocon of the Inhabitants to bee dis-
charged of theire attendance on the Court at p''sent it being
very like to bee plantable Weather The Governor brake vpp
the Court for this time and appointed the next Court to bee
held for this County at S' Maries the tenth of October next
And all Causes left vndetermined this Court are respited till
them
Rich: Cole pite 1 Subp'^ Jo: Grceueway & James Langworth !>■ 34s
Jo: Halfheaddeft/ j^J tgyt 35° Junii
Sould & delivered vnto John Ward one black Cowe cropt
on the left Eare and the right Hare slitt and half the vnder part
taken away W'' Cowe is cofnonly called by the name of Young
Bulhead And I the said Walter Beane doe warrant the said
Cowe & her Increase against all claymcs in lawe whatsoever
as Witnes my hand this p'sent second of March 1649
The marke of Walter Beanc
Witt, W"" Assiter, The marke of Henry ftbx
28 Court and Testamentary Business, 1649-50.
Liber A. Interrogatories to bee administed to witnesses to bee
examined on the part & behaulf of M^ ffrancis Brookes
Complte ag' M" Margaret Brent Attorney of Cap' Giles
Brent def
1 Imprimis whether or noe were you (amongst others) sent
or imployed by Cap' Giles Brent about 5 yeares since when
Governo' Calvert came last out of England to hire or borrowe
the said Complte M' ffrancis Brookes his Shallopp at Kent for
transportacon of him the said Cap' Brent to S' Maries and
•pvision for the Voyage or what doe you remember conc'ning
the same ?
2 Item vppon what termes did the said Complte lend or
hire his said Boate to the said Cap' Brent and -pvisions for the
Voyage. Was it not vppon the said Cap' Brents -pmise to
satisfy him for the same, and what satisfaccon did the said
Cap' Brent -pmise to give or allowe for the said Boate and the
Compltes paines in goeing along therewith and such -pvisions
as hee had made for the voyage, and what were the said
Provisions, did not the said Complte kill a Hogg for that
purpose And what doe you conceive in conscience the hire of
the said Shallopp for that Voyage and the Compltes paines and
time spent and the said Provisions were Worth.
3 Item what other matter or thing canne you say w^'' may bee
for the Pltes bchoofe in this Cause declare the truth vppon yo'
oath in every particular. Subp"* Shercliff r 25° Junii
The dcposicon of John Sheirtcliffe taken the 19''' of June
1650 vppon the Interr aboue Written.
To the first this dcpon' saith that about 5 yeares agoe (as hee
remembreth) Cap' Giles Brent came downe to S' Maries from
tlie Isle of Kent together with divers other Passengers in a
I' 349 Shallopp belonging to M' ffrancis Brook But whether or noe
hee this depon' way imployed & sent to bring the said Shallopp
from M' Brookes House by the said Cap' Brent or whether hee
went by reason of getting soe ffitt & convenient passage downe
in her hee cannot depose Neither can hee depose any thing
concerning the Provisions put into the said Shallopp, Onely hee
supposed! that the said M' Brookes did put aboard some Pro-
visions But what they were hee cannot iustly remember nor
that any Agreem' was made therefore or concerning them
either by Cap' Brent or any other whatsoever. To the rest hee
knoweth nothing
The marke of Jo: Sheirtcliffe
Jurat & exaiat coram me W'"" Bretton
June 16"' 1650. This day came Bartholomewe Phillipps of
Newtowne hundred in the Province of Maryland plant' and
Court and Testamentary Business, 1649-30. 29
acknowledgeth himself to owe & stand indebted vnto Thomas Liter/
Mathewes of S' Inegoes in the Province aforesaid gent in the
full some of two hundred and twenty pounds of Tob: & Caske
or thereabouts And if that the Specialty already signed by mee
the said Bartholomewe Phillipps vnto the said Thomas Madiewes
amounteth to more then is here expressed I doe hereby
acknowledg it to bee a lust debt And further a Judgm' to bee
entred according to that Specialty' As witnes my hand.
Recogn coram me Wittm Bretton Sign Earth: Phillipps
The deposicon of James Langworth aged 20 yeares or
thereabouts & John Greenehold aged 25 yeares & vp-
wards taken this 19"' of June 1650
James Langworth deposed saith that about 2 yeares agoe
hee did help John Halfhead to alter a Marke of a yearling
reddish Cowe calf marked at that p'sent (before it was altered
by this depon') with both eares cropt. But the right Eare (as
hee thinketh) was not soe perfect a Cropp being cutt a little
hollowe, but it could not bee intended like a swallowe
Taile And that hee veryly beleiveth that it was soe cutt hol-
lowe 'in doubling the Eare when it was cropt W'''' said Calf hee
the said John Halfhead received of M'^ Margarett Brent for
the vse of Wittm Assiter And further hee deposeth not
Ja: Langworth
John Greenehold deposeth idem ad Verbum quod James
Langworth vt sup" The marke of Jo. Greenehold
Jurat cora me Wittm Bretton
These p'sents witnesseth that I Wittm Tompson of the p. 350
Newtowne Hundred in the Province of Maryland for and in
consideracon of a valuable somme by mee in hand received
haue bargained & sould vnto Phillipp Land or his Assignes
one Redd Cowe about the age of 4 yeares or thereabouts being
marked with a Cropp on the right Eare and slitt in the same
Eare, the left Eare having onely ahole cut in it, being my owne
p-p Marke. W"*" Cowe with her future Increase I doc hereby
alienate bargaine and sell vnto the said Phillipp Land his
heires or Assignes for ever as theire owne p-p goods And
farther I doe hereby binde my self my heires or Assignes to
saue and keepe harmeles the said Phillipp Land his heires or
Assignes from any pson or persons that shall lay any iust
clayme to the said Cowe or her future Increase In witnes
whereof I haue herevnto sett my hand this 20''' of december
1648
The marke of W"" Tompson
Signed & dd in the p'sence of vs
W"' Bretton
30 Court and Testamentary Business, 1649-50.
These p'sents witnesseth that I WiHm Bretton of the County
of S' Maries in the Province of Maryland gent, for & in con-
sideracon of a vaUiable some by mee in hand received haue
bargained & sold vnto Phillip Land of the same place gent his
heires or Assignes one blackish browne Heifer of my owne
pper Marke that is, the right Eare vnder & overkeeld, and
the left Eare cropt, and her naturall Marks are a browne
Mussell, & brownish about the Eares, and whitish browne
about the vdder & betweene the hinder Leggs. W'^'' Heifer is
litde more then one yeare old. Which Heifer with her Increase
I doe hereby alienate bargaine and sell vnto the said Phillipp
Land his heires or Assignes forever as his owne proper goods
And further I doe hereby binde my self my heires or Assignes
to saue & keepe harmeles the said Phillipp Land or his
Assignes from any pson or psons that shall lay any iust
clayme vnto the said Heifer or her Increase In witnes
whereof 1 haue sett my hand this 27''' day of June 1650
W"" Bretton
Signed & deliv'ed in the p'sence of Nichas Gwiter
3° Sept. John Hatch his marke for cattell & Hoggs viz.
The right Eare slitt in the midle and the vpper part taken
away neere the bottome of the slitt, and the left Eare slitt and
hollowed the vnder part hanging clowne.
11° Sept John Wheatley his marke for Cattell and Hoggs
viz A Hole in the right Eare the left Eare swallow tayled and
the fore part cropt off.
1 1° Sept Nichas Banister his Marke for Cattell and Hoggs
viz: The right Eare swallowe forked and die left Eare cropt
and a slitt in the Cropp.
7° Sept An Administran is this day granted to Vc Robert
Clarke of all the goods chattells debts and personal Estate
within this Province of James Warrington deceased vppon
oath to exhibit a true Inventory by 1° Marcij vnles &c And to
kccpe and make a true Accompt when &c And that the
decedent made noe will & that hee is greatest Credditor to his
knowledg & knowe not of any of kindred &c
230 Sept M' Tho: Hatton his Lo""^ Secretary his Marke for
Cattell & Hoggs viz On both Eares, the hinde part cutt of
Irom a litde beneath the Tipp on the fore part sloapeing
somewhat neere the roote on the hinder part making both
Eares appeare short & picked
Court and Testamentary Business, 1649-50. 31
15'° Sept 1650 L' Richard Bancks freely ingageth himself L>ber i
to satisfy the 900' of 'I'ob: and Caske for the redempcon of ^' ^^'*
Thomas the sonne of Thomas Allen deceased according to the
order of Assembly for that purpose without any consideracon
of servitude or any other consideracon whatsoever but his free
love and affeccon witnes his hand the day and yeare aboue-
said Richard Banckes
Testet Tho: Hatton Rarnaby Jackson
Vlt August vppon Complaint of Thomas Maidwell ag' Jo:
dandy & his Wife for assaulting in a violent manner & striking
him to the ground with a Hammer and dangerously wounding
him. A warrant issued out to the Sheriffe to bring them
before the Governor, who vppon examinacon of the matter
committed dandy into the Sheriffes custody
The deposicon of Thomas Maidwell of the County of S'
Maries taken the 2^ day of September Anno dni. 1650
The said depon' saith that vppon the last day of August
last past Hee this depon' being at worke at his trade
in the Shopp at S' Inegoes ffort John dandies wife came
vnto him giving him very ill language, onely (as hee con-
ceives) for that hee accepted of 2 or 3 Peaches w^** a Girle
w'^'' lives in House with the said dandy had given him this
depon'. And the said John dandy being then in the said
Shopp, therevppon and vppon noe other occasion (as hee
conceives) making towards this depon' with a Hammer in his
hand of about 3' waight. This depon' suspecting hee intended
some mischeife to him went back to avoide the same out of the
said Shopp. And therevppon the said dandies Wife (being
behind him this depon' struck him on the head with a Smithes
Cindar (as shee hath since confessed) a blowe w"'' something
stunded him this depon'. And the said dandy suddenly
therevppon with the said Hammer struck this depon' a blowe
vppon the head w'^'' felled him to the ground And this depon'
with much strugling & amazem' at length getting vpp ranne
out of the said ffort and called for help And had hee not by
that meanes escaped from them hee dodi much suspect they
would haue endeavoured to haue murthered him W"'' hee the
rather hath cause to beleive for that the said dandies Wife had
formerly thrcatned to doe this depon' a private mischeife
looke to himself as well as hee could And this depon' furtlier
deposeth that vnlcsse some course bee taken by authoritj- to
restraine the said dandy and his wife from doeing him this
depon' further mischeife hee much feareth it will not bee. safe
for him to foUowe his trade againe at the said Shopp without
danger of his life And further deposeth not.
Jurat die & Anno Sup" diet coram me W"" Stor.e
32
Court and Testamentary Btcsiness, 1649-50.
iber A. Vppon the oath aboue Written a warr' issued out the same
day to the Sheriffe to detaine dandy in his custody till hee gaue
security of 2000' Tob. to appeare the next Court to answere
Maidwells suite in an Accon of battery and for his and his
wives good behaviour in the meane time
23° Sept Anno dni 1650. Knowe all men by these p'sents
that all Controversies Causes Accons whatsoever are fully and
wholy ended from the begining of the World vnto this day
betweene Thomas Maydwell and John dandy as witnes o'
hands the day and yeare aboue written
In presence of Edward Packer, Raphe Crouch Tho: Maydwell
Sigil Jo: dandy
wm smoote pite M' 1 The deposicon of Mary the wife of L'
cuthbt ffenwick deft | Nicholas Gwither taken the seaventh day of
October 1650. vpon oath saith.
That she knowes not the Cowe in question betweene the
said plte & def' otherwise then by the pltes descripcon being
as hee relates a brownish Cowe her Homes bending inward,
w"*" hee not long since had of the said def' by order of Court as
this depon' hath beene informed And this depon' further
deposeth that the last Springe was a t\veluemoneth when shee
p- 365 lived in House with the def' M' ffenwick hee the said M'
ffenwick was possessed of such a Cowe as before is described.
W'^ Cowe that Spring had a Calf, but whether a Bull or Cowe
Calf shee knoweth notcertainely, but to her best remembrance
it was a Cowe Calf, w"'' was weaned amongst the rest of the
Calves there that yeare but what further became thereof shee
knoweth not nor of any other Increase the said Cowe had,
shee this depon' living at M"' ffenwicks House not aboue one
yeare And further deposeth not
Jurat die & Anno Sup diet coram me
Tho: Hatton
P-367 12 Oct This Bill bindeth mee Joseph Edley my heires
exec" Adm'^ or Assignes to pay or cause to bee paid vnto M'
WiHm Eltonhead his heires Execu'^ or Assignes the iust some
of Six hundred and tenne pounds of the best sort of Maryland
Tob: in Leafe and caske. And for the true -pformance hereof I
doe bmde over all goods & cattell with my whole Cropp to bee
paid at or vppon the 10"' day of October next ensucing the
date hereof as witnes my hand the eight day of January'^ 1649
Witncs Nicholas Smith The marke of Joseph Edley
Item 300 /\^ nailes and 50 6^ Nailes
p. 36.S Hiis Bill bindeth me Geoffery Gant my heires Exec'' Adm"
or Assignes to pay or cause to be paid vnto M' Wittm Elton-
Court and Testamentary Business, 1649-50. 33
head his heires Exec" or Assignes the iust some of 500' of ''•'*'■
good merchantable Tob: and Caske And for the true perform-
ance hereof I doe binde over all my personall estate and Cropp
to bee paid at or vppon the tenth day of October next ensueing
the date hereof As witnes my hand the fift of ffebruary 1649
The marke of Jeffery Can'
Witnes the marke of Jo: Tragare
Item for i Hoe 30
Item 2 shutes of powder & shott to Gant
Item more i' of powder
Item 4' of shott
Item one paire of Shoes 20
Item discompted with Martin Kirke for you 1 20
Item discompted with H. Potter for 100
Witnes Martha Conoway The marke of Jeffry Gant
At a Court held at S' ) Present ( The Governor Robert Brookes Esq'
Maries the 2" day of >- \ W Thomas Hatton
September 1650 )
fforasniuch as it is credibly reported that Cap' Giles Brent
hath heretofore done or attempted to doe divers things p'iu-
diciall to the right ho'"'" the Lo: Prop'^ of this Province and his
vndoubted right and title therevnto and contrary to the trust
reposed in him by his said Lo^p It is therefore ordered that
Georg Manners bee his Lo^'" Attorney to make diligent
Inquisicon touching his the said Cap' Brent's comportm'
towards his Lo^p and his aforesaid right and title, and to somon
what witnesses hee shall thinke fitt to bee examined touching
the p''misses on his Lo''P' behaulf, and in the Provinciall Court
there to -psecute against him the said Cap' Brent for any
offence or misdemeanor in Words Accons or Attempts to the
p''iudice of his said Lo^p in his vndoubted right and title to this
Province and to vse all lawfull meanes for the discovery of the
same
At a Court held at S' ^ Present f The Governor. Tho: Greene Esq'
Maries the tenth day >- \ Cap' John Price. M' Secretary
of October 1650 )
John sturman pite 1 Thc Com])ltcs suite is to bee releived
Tho: Copley lisqr deft / ^gaiust the dcf for a Heifer of 2 yeare old
w'^'' the def' by a Note vnder his hand dated 26° August 1646.
pmised to deliver to Robert Sedgrave whensoever hee should
bring him certaine Bookes in the said note menconed. W'^*'
bookes had beene brought and delivered accordingly And
Sedgrave had assigned the said Heifer to the pite by an
Assignem' vnder his hand of the 10''' of Octob 1648. W*^*"
34 Court and Testamentary Business, 1649-50.
Liber A. Heifer having beene often demanded by the pke and those hee
appointed to receive her was not yet delivered. To this the
def' acknowledged his said -pmise vnder his hand to Sedgrave
and the receipt of the Bookes, And saith the Heifer was legally
tendred as appeares by Jo: Greenewayes oath, as foUoweth
John Greeneway aged about 25 yeares deposed saith That
about Michaelmas last past M' Tho: Copley gave him order to
deliver one Heifer to the vse of Rob' Sedgrave Wherevppon
this depon' tould Charles Rawlins then the deputed Attorney
of Robert Sedgrave that hee should come any morning or
evening and hee would deliver him the Heifer and to this pur-
pose hee spake 5 or 6 severall times to him to come and
receive it w'** hee failing to doe hee tendred the Heifer to the
vse of Robert Sedgrave in the presence of M" Margaret Brent
& M' John Rookewood and gave notice of it to Charles Raw-
lins, and that the Heifer was afterwards knowne at S' Maries
by the name of Robert Sedgraves Heifer And further hee
saith not
The Marke of Jo: Greeneway
Jurat coram me Jo: Pille 22° June 1650
And y\r- Margarett Brent p'sent in Court averred the said
tender. Wherevppon the Complte said hee went to receive
the Heifer but she was not to bee found And soe hee deputed
Charles Rawlinson to receive her. And by the said Rawlinsons
oath pduced in Court hee saith that to his remembrance M'
Copley gave Greeneway order to deliver him a Heifer and
that Greeneway tould him afterwards that hee had tendred one
for Sedgraves vse. And the pite not making any materiall
obieccon ag' Greenewayes oath The Court conceiving the
tender of the Heifer therein expressed being a black Heifer of
M' CojDleys marke as was averred to bee a sufficient delivery
doth dismisse the pltes suite cleerely & absolutely out of this
Court
John Hatch pitc I The pltes suite being for the delivery vpp
wm iiardwich de(. / of a Noate vndcr his handw^'' hee had hereto-
fore given vnto the def'or to Thomas Sturman for the delivery
of a Cow^e and her Increase to them or one of them they
paying him certaine Tobaccoes w^Mie had paid to Tho: Greene
Esq' lor theire or one of theire debts w<^'> Cowe the def had
received together with a Calf being all the Increase that lived.
Yet refused to deliver vpp the said Note To w^" the deP
acknowlcdgeth hee hath the Note but that it belonged to Tho:
Sturman who had intrusted him therewith and to whom hee
Court and Testamentary Business, 1649-50. 35
was accomptable for the same and intended to redeliver it to Liber a.
Sturman and prayed that hee miorht not bee at liberty soe to
doe in discharg of the trust and that the plte might bee ordered
to seeke for releife against Sturman touching the same w"''
is ordered accordingly. I orio.« r o
L' WiHm Lewis appeared this day personall vpon an arrest
at the suite of John Malham Joseph Edlowe this day acknowl-
edgeth to bee due to Tho: Copley Esq"' out of the estate of
Robert Wiseman deceased (whose Adm' hee is 277'ofTob:
and Caske
The same Court contynued 1 Present f The Governor. Tho: Greene Esq' p. 369
II" Octobr 1650 J I Cap' Price M' Secretary
Joseph cadie plte 1 The pltcs suite being for 400' Tob & Caske
Robert Robins deft ] ^ Accompt It being prayed on the def'= behaulf
that the Hearing bee referred till the next Court In regard of
his vrgent occasions at this time And the plte agreeing
therevnto It is ordered accordingly.
John.Thimbleby Adm' of Peter Mackarell according to a
former order this day "pduced his Accompt concerning the sayd
estate to the Court and prayed for his Quiet est And the said
Accompt being -pysed by the Court and found to ballance the
totall of the Inventory And publique Proclamacon being made
thereof in open Court and noe obieccon made to the contrary
The Court allowes of the Accompt and doth order that the
Adm'' may haue his Quietus est and the Bond taken for his
true Administracon to bee voide and cancelled
Tiio: Warr plte I The plte sucs for 350' of Tob: and Caske p
Rich: Browne deft \ Assumpsit (being M"" Lands debt The def
acknowledgeth hee vndertooke to pay the said debt for M'
Land Which is ordered accordingly
21° No: Execuc ad satisfaciend
M' Jo: Pile p''sent with the rest vt Sup^"
The plte sues to bee releived against the
def' for that in a slanderous manner hee had
reported that the plte kept an vnlawfull dog to kill his neigh-
bors stocks because hee would haue the whole range himself.
To w"** the def' denies that hee spake those words as they are
charged against him absolutly. but with this addicon (for ought
hee knewe) And the words being spoken in private betwixt
the plte and def' and therefore noe proofe) The Court lookes
vppon the words as they are confessed to haue beene vttered
by the def' as a disrespective expression to one of his Lo'"'"
36 Court and Testamentary Business, 1649-50.
Counsell. But vppon his the def'" acknowledgm' of his fault
herein vppon hopes of his more respective carriage hereafter
remitteth the Offence
«■ 1, M K»„n.» Fcor^u. ^ The pkes suite being for 1133' of
Richard Bennett Esqr plte 1 ^^ , o V- i r i*' i i- i
Thomas Copley Esqr & 1 \ ioD: & Laske lor goocls deuvered to
Kaphe Crouch gent /defO the dcf Crouch for the Other def M^
Copleyes vse, and for paym' of w'='' Tob: in Anno 1648 the said
Crouch gave a Note vnder his hand dated 10. May the same
yeare. To w^'' the def' M' Copley appearing gratis alleadging
hee had witnesses in Virginia to bee examined in this Cause,
and desired time for that purpose It is therefore ordered with
the consent of the said M' Copley, that hee make his proofe by
the first of ffebruary next -pemptorily
Paul Simpson pite) ^' ^^''^m Lewis being the pits Attorney
ffrancis Poesey & l sucs for 1098' of Tob: & Caske and 40 Armes
John viuane defs J ^^^^^^^ ^j- Ro^^oi^g ^^^^^ Accompt M' Richard
Browne Attorney of the def' denyeth the debt in part and
desires liberty to discompt for the rest But it appearing to the
Court that matter on both sides consisteth of Accompt w"*" by
reason of the pardes absence cannot bee at present fitted for
the determinacon of the Court being very vnperfect. It is
ordered by the consent of the Attorneyes o'n both sides That
the further hearing of this Cause bee respited till the next
Court where the parties themselues are to bee p'sent
Richard Bennett pite 1 I he plte by his Peticon setteth forth that
Rich: Browne def. ] hge bought of the def a Plantacon in M^
Gerrards Mannor for w-^*- hee gave the def his Bill of 300'
Tob: & Caske payable this yeare together with a Cowe, and
the def engaged himself to deliver 'the plte a Lease thereof
free from all arreares of Rent w"^"^ hee hath not yet done, and
M' Gerrard hath forbidden the plte to enter vpon the plantacon
vnles hee pay him certaine Rent arreare whereby the plte is
like to bee much dampnified and prayeth that the def may bee
compelled either to pforme his bargaine or else to deliver him
vpp his said Bill It is therevppon ordered notwithstanding any
obieccon made by the def tliat the said def shall by the 25"'
day of tjiis moneth deliver vnto the plte a good Lease of the
Plantacon in question for 12 yeares to come at Christmas next
cleere of all arreares of Rent & Incumbrances, or in default
thereof by that time deliver vpp vnto the plte the Bill hee gave
him for the purchase thereof and the bargaine to bee voide
Court and Testamentary Business, 1649-50. 37
The matter in question be- Liter a.
Mrs Katheren Hebden Admrix of ~l , • i .• i ■
her late husband deceased pite I twecne the said parties being
Barnaby Jackson and the other C whether the Admracon Or the
Trustees of the decedents estate defts ) , . ,,, , i i ^ i •
deede in 1 rust should stand in
force. Vppon the Reading of WilHam Marshalls deposicon
formerly taken & recorded, and the deposicons of M' John
Pile and John Halfhead nowe taken in open Court being as
followeth viz.
The deposicon of M'' John Pile taken in open Court the
II''' day of October 1650. vppon oath saith
That when hee was living at M' Cawseenes House M''
Hebden comeing thither this depon' not being then at home
but at his comeing home was tould that she had beene there
and had left word that her husband M"' Hebden desired him
to come vnto him and bring the deedes of Guift with him for p- 3"°
she said her husband was minded to haue it altered or words
to that purpose Wherevppon this depon' saith that as soone as
hee conveniently could carryed the deed of Guift with him.
And hee said to M' Hebden I haue brought you here the deed
for I vnderstand from your wife that you are minded to alter
it. And M' Hebden made Answere that hee had noe such
intent but prayed him to keepe it for hee had noe intent to alter
it in any thing And that hee was to see M"' Hebden about 2
or 3 dayes before his death and hee never menconed nor any
Wayes declared vnto him any intencon or minde to alter the
foresaid deed
The Oath of John Halfhead taken die & Anno vt sup^' John
Halfhead maketh oath that hee being at M' Hebdens House
about a fortnight or 3 weekes before hee dyed (as hee re-
members) Barnaby Jackson then and there desiring to bee
released of the Trust concerning M' Hebdens estate M"'
Hebden refused to release or excuse him therefrom And
further deposeth not.
The Court herevppon conceiving by the oathes of M' Pille
and John Halfhead that the decedents last intencon and
expression was that the deed in trust should stand in force
doth order the same accordingly And that the Administracon
doth "pply belong the Trustees w*^'' they are at liberty to take
out if they thinke fitt.
I 2 oct Richard Browne acknowledgeth a Judgm' to George
Manners of two hundred pounds of Tob: and Caske due by
Bill dated 28° Junii 1649 and payable 10 Novembr last
I 2 Oct Richard Browne acknowledgeth a Judgm' to Georg
Manners of six hundred pounds of Tob: & Caske formerly due
38 Court and Testamentary Business, 1649-50.
by Bill to Richard Hill dated 29 Junii 1649, & payable 10
Novembr last. But by pmise vnder handwriting payable to
George Manners 6° No: Execuc ad satisf. for 800' Tob: & Caske
ag' body & goods
Nichas Banister pite 1 The pltc sucs in the behaulf of his wife
Richard Browne deft / [n an Accon of slander for that the def' had
reported his said wife had said shee heard ffrancis Popes wife
say that the king dyed iustly or to that effect. W'^'' the def
averred was true, And it appeared by the oath of Georg
Ackricks wife and by the relacon of M' Wiftm Bretton and
others that the def' had reported that ffrancis Popes wife spake
the words without charging the relacon of it to the pltes wife
But the def' denyed hee heard ffrancis Popes wife say any such
thing and not being able to prove any thing against the pltes
wife The Court thought fitt that the def' for intermedling with
a busines of this nature and not being able to make any
proofe thereof, but being found in two severall Tales should
pay vnto the plte for his vniust vexacon three hundred pounds
of Tob: and Caske, but the pltes wife present in Court on the
behaulf of her husband was willing to remitt the penalty in
regard of the def" vnability (as she conceived) to make satis-
faccon and rests satisfyed. hee paying Court charges, W*^*" is
ordered accordingly.
Georg Manners confesseth a Judgm' to Wittm Hardwich of
twelue hundred pounds of Tobacco and Caske. Execucon inde
28° January 1651 ad Satisfaciend
Tho: Copley Esqr plte \ By consent of both parties the hearing of
wm Hardwich def> / this Cause is respited till the next Court.
The same Court contynuedl Present j Governor. Cap'Jo:Price
12° Octobris 1650 j I M' Secretary
John Rosier cierke plte 1 The plaiutiffe byWiHm Hardwich his
Arthur Turner deft ) Attorney sucs for 8oo' of Tob and Caske
due by Bill 10 decembr last The def acknowledgeth the debt
p Bill, but alleadging that the debt did arise for transportacon
of cattell & other goods in the pltes Boate desires liberty to
discompt for damages sustayned therein by the pltes default,
and beinge not able at p'sent to prove the said damage It is
ordered that hee make his damages appeare by the next Court
or Judgm' is then to passe vppon the Bill.
Knowe all men by these p'sents that I John Rosier doe con-
stitute W-" Hardwich my lawful Attorney to all intents and
Court and Testamentary Business, 1649-50. 39
purposes as any Attorney may or ought to bee Witnes my Liber a.
hand this 27'*' of december 1649 Jo: Rosier
Witnes Phillipp Chaddock John Hiller
wm Brough pite I The hearing of this Cause is by consent
Richard Nevitt deft/ respited till next Court.
The hearing of this Cause is by consent
wm Evans de(t / respited till next Court.
^eane plte 1
Be it knowne vnto all men by these p'sents that I Nathaniell
Pope of Apomattocks gent doe by these p'sents make consti-
tute and ordaine my welbeloved ffreind WiHm Hardwich my
true and lawfull Attorney for and in my name to aske demand
and receive all such debts w'''' are due to mee in Maryland,
and (vppon denyall) to sue pleade & ympleade in prison &
out of prison, and whatsoever my Attorney doth I doe allowe
of as if I my self were there personally Witnes my hand this
4'*" day of October 1650
Nathaniell Pope his Marke
Testis Phillipp Silvestie david Anderson.
Nathaniell Pope plte I The Complte sues (by WiHm Hardwich p-
Jo: Haifheaddeft / hjg Attorney) for 15 dayesworke in leiwe of
a Bricklayer lent the def' vppon promise to pay him soe many
dayes worke againe. And the def' acknowledgeth the pltes
Man worked with him but knowes not whether hee paid for it
or not And the pltes Attorney being willing to referr it to the
def^ oath whether paid or not, the def' refused to take his oath,
but referred it to the pltes oath and agreed to bee bound
thereby. W'^'' the Court doth order accordingly, and for that
purpose doth respite the further hearing of the Cause till the
next Court
W"" Eltonhead esq'^ p'sent (cum cet'is)
Richard Nevitt plte ) The Complte by Georg Manners his At-
john siingesby deft \ tomcy, sucs for 700' of Tob: & Caske -p Bill.
The def' alleadgeth he paid two hogsheads of Tob. vpon this
Bill, And the pltes Attorney acknowledgeth that the def' deliv-
ered to the i)ltc two hh'' of Tob: vppon the Bill, but saith
Walter Pakcs laid clayme to one of the hh''' and p'sently after
the said delivery tooke it into his possion, And the Court here-
vpon conceiving the said delivery to bee sufficient paym" of soe
much of the debt as the said 2 hh''' came to doth order that the
defend' bee discharged of soe much And for the Remainder
(if any bee, the pltes Attorney is willing to accept of Walter
Beane (p'sent in Court) for his Paymaister, vppon his offer for
40 Court. and Testamentary Business, 1649-50.
Liber A. that purposc. And the Bill is to bee deposited in Court till full
satisfaccon therevpon bee made as aforesaid, and then to bee
cancelled, W""*" is ordered accordingly
M' Jo: Pille p'sent, cum cetis,
Tho- White ite 1 '^^"^^ P^''^^ ?>\.\\^^ being for i 20' of Tob:
James Walker Execr I and Caske due from the decedent Tomp-
ofjo:TompsondefentdJ ^^^ The def by Rich. Browne his Attorney
denies the debt wherevpon Geo: Manners who as hee averred
vppon oath in open Court being ymployed by the pke as his
Attorney to receive the said Tob: of Tompson about a yeare
or somewhat more before his death, the said Tompson did not
deny the paym' thereof but said if hee had come sooner hee
should haue had it for his Tob: was then all gone And the
def" Attorney agreeing to bee bound by the pkes oath for that
purpose. The Complte deposed in Court that neither hee nor
any other by his direccon (soe farr as hee ever knewe) ever
received the said debt of the decedent or any other or any
other, It is herevppon ordered that the def shall pay vnto the
plaintiffe the said 120' of Tob: and Caske. If there bee Assetts
Jo: siingesbie pite •( The plte sucs for six hundred pounds of
Rich: Browne deft ] 7^^: & Caske due by Bill payable in November
last And the def' acknowledging the debt Hee is ordered forth-
with to pay the same to the Complte
20""° No. Execuc ad satisfaciend
Georg Matiners plte 1 The CoiTipltes suite being for 1050' of
Paul sitiipson deft / fob: and Caske due by Bill The def'^ At-
torney L' Wittm Lewis Ingaging himself that the def' shall by
himself or his Attorney either answere the suite the next Court
or pay the debt The Court vppon his mocon doth respite the
further hearing of the matter till that tyme
Tho: Greene Esq' p'sent cum ceteris vt ante
Henry Brookes plte » According to the direccon of an order of
Nichas cawseene def. \ the 25''> of June last made in this Cause the
def this day brought the Gunne in question into Court to bee
veiwed. And Richard Cole being sworne and examined in
open Court vpon his oath saith. That the Gunne nowe pduced
in Court was about 4 or 5 yeares since (as hee remembers)
taken by Governor Calvert deceased from the plte vpon pmise
to redeliver the same to the pke at his returne from Kent.
And L' Willm Lewis in open Court averred vpon oath, that
Governor Calvert acknowledged hee had a Gunne of the pkes
and promised to deliver the same againe to the pke at his
returne from Kent being about 4 or 5 yeares since (as hee
Court and Testamentary Business, 1649-50. 41
rememberes Vppon w='' proofe before menconed It is ordered Liber a.
that the Gunne -pduced in Court bee delivered to the pltes
Attorney for the pltes vse. But vppon the def" oath in open
Court that the Gunne nowe -pduced was given him by Gov-
ernor Calvert The Court conceiving hee had good reason to
stand out to a Tryall notwithstanding the demand of the Gunne
by Georg Manners the pltes Attorney before the suite com-
menced The Court doth order that Court charges bee paid
equally betweene the plte and def'
This Cause appearing vppon Record to haue
beene formerly determined vppon a full Tryall
by Verdict of Jury and a dismission there vppon 3° Novembr
1648 The Court doth refuse any further to intermedle there-
with but doth for ever hereafter cleerely and absolutely dis-
misse the pltes suite (being for a Cowe and her Increase) out
of this Court with 300' Tob: Costs to bee paid by the plte to
the def' But the def' in open Court remitted the Costs.
John Haifhead plte \ The plte p'ferriug his Peticon according p- 372
Tho: Greene Esqr deft | ^q order of Assembly The def desired time
to answer till next Court w'^'' is ordered accordingly.
July 22''° 1650 These p''sents witnes that I Richard Cottes-
ford planter haue appointed ffrancis Brookes of Maryland gent
to bee my Attorney to demand and on denyall made to sue
and recover my Corne Clothes &c due to mee by the Custome
of Maryland for my service from Joseph Cadle and vppon
receipt of my due from him to give him Acquittance for the
same Witnes my hand Rich: Cottesford
In the p'sence of Giles Brent. Temperance Jay
Rich: Cottesford plte i ^ he plte by M' ftV. Brookes his Attorney
Joseph Cadle deft \ g^es for Come clothes &c due to him as
servant to the def' according to the Custome. But the def'
alleadged hee bought his time of service for 2 yeares, and hee
staying not a yeare ran from his service and never afterwards
made the same good by his further service. W*^"" being averred
by severall of the Counsell p'sent in Court to bee true It is
ordered with the def' consent that the Corne clothes &c sued
for shall ^o<t in satisfaccon of the time of service wanting as
aforesaid And the pltes suite to bee dismissed with 60' Tob:
charges to bee paid by the plte to the def'
Nichoi: Cawsecne plte ( The pltcs suite being for three hundred
Joseph Cadle deft \ ^^^ thirty pouuds of Tob: & Caske the
Remainder of a Bill of 600' Tob: & Caske The def' confessing
42 Court and Testamentary Business, 1649-50.
Liber A. the debt It is ordered that the def' shall pay vnto the plte
forthwith the said 330' of Tob: & Caske
20 No: Execuc ad satisfaciend
Humfr. Atwicks plte 1 'l"he hearing of this Cause is respited till
Geo: Manners deft / ^^yX Court
John Maiham plte 1 Ihc def appearing the first day of this
LI wm Lewis deft ]■ Court vppon an arrcst at the phes suite and
having attended ever since, and none appearing to psecute It is
ordered that the pltes suite bee dismissed for want of psecucon
with 400' Tob: & Cask charges to bee paid by the plte to the
def' in respect of his travelling from Portobacco to Court and
his said attendance & returne.
1 9° Oct Execuc inde ad satisfac ag' body & goods
The Court rising the Governor appointed the next Pro-
vinciall Court to bee held for this County the 20''' day of
November next. And the meeting for Assessm' of the
Leavies the sixt day of the same moneth.
June 3° 1650 This p'sent writing doth testify that I James
Walker doe hereby constitute & appoint my welbeloved
ffreind Rich: Browne to bee my true & lawful! Attorney in all
Causes whatsoever as any Attorney ought to haue or bee as
witnes my hand the day and yeare aboue written
Ja: Walker
witnesse the marke of Jo: Shancks
p. 373 May 27"' 1650. Knowe all men That I Robert Clarke of
Maryland gent doe hereby constitute institute appoint and
ordaine Nicholas Gwither of S' Incgoes gent my true and
lawfull Attorney to sue arrest & implead any person or persons
that shall stand indebted vnto mee within this Province to
leavy and receive acquitt & discharge to all intents & purposes
as if I my self were p'sent Witnes my hand the day and yeare
aboue written Robt Clarke
An Accompt of the estate of Peter Mackarell
deceased -pduced in Court vppon oath by John
Thimbleby the Administrator 1 1° Octobr 1650.
and there allowed of according to an order of
the date abouewritten.
By paid Willm Assiter by Bill 255 By pd for funerall charges 400
by pd Jo: N "tine by H.ll 200 by pd for his attendance during his sickness 200
hi dl?; . r. iV, i?° fo^^-^^iving* paying of the said estate 1
by pd M' Hrough by 15,11 660 praised at 4780I alloweing lol p Cent } 475
Court and Teslameniary Business, 1649-50. 43
by p<J to Wm Browne by Bill 150 by attendance &time spent and ordinaries I Liber;
by pd to \Vm Browne more 35 at severall Courts aliout the said estate ;'5°
by pd to Phillipp Auther 50 by pd tothe Governor Willm Stone esqrdue ) ,
by pd to mr Bret ton Court charges 80 toMrWestonsestateorvndertaken tobeepdj
by pd to mr Bretton more by Bill 112 By pd or vndertaken to bee pd to 1
by pd to The: Thomas 25 M' Secretary for fEees J
by pd to Geo: Ackricke 50
by pd Barth. Phillipps 50 Sum Total 4780
by pd Walt. Waterlin by Bill 300
This seaventh of October 1650
I doe hereby constitute and appoint my welbeloved freind
■Zachary Waed to bee my true and Lawful! Attorney at S' Maries
to take a Lre of Administracon out in my behaulf out of tlie
Office of Testamentary Causes and to doe any other thing or
things as any Attorney in such Case ought to doe In witnes
whereof I haue herevnto sett my hand
Sign X Eliz: Commis
" No. 1650 A Lres of Administracon are this day granted
to Eliza Comins widowe of the psonall estate of Edward
Comins her late husband deceased and sent by Zachary Wade
inclosed in a Lre to M' Phillipp Connor at Kent to take her
oath and bond for Administracon & returne the same in con-
venient time and she is to exhibit an Inventory by 25''' of
Marcij next vnles &c and to render an Accompt when &c.
6° No: 1650 ffrancis Vanenden acknowledgeth a Judgm' to
M" Mary Brent of one thousand pounds of Tob: and Caske
6° No: 1650. Georg Manners this day acknowledgeth a
Judgm' to Edward Hall of 997' of Tob: and Caske the Re-
mainder of debt of 1400' Tob: & Caske due by Bill 10
Novembr last wherein hee the said Manners & Markes Phcypo
were bound for paym' thereof
7° No: Execuc ad satisfaciend
A Quiet est for I Cecilius &c To all the Inhitants & People p. 374
John Thirabieby / within o' s"* Province of Maryland & to all others
whom these p'^sents shall concerne greeting. Whereas at a
Court held at S' Maries within o' said Province the 1 1'*" day of
October last vppon the mocon & request of John Thimblehy
Admror of Peter Mackerell deceased, who then pduced his
Accompt of the said decedents estate vpon oath It appearing
thereby to the Court that the said Administrator had fully
administrcd and noe obieccon being made to the contrary but
that hee might haue his Quietus est, albeit jniblick -j^clamacon
thereof was then made This Court alloweing of the said
Accompt was pleased to grant him the same Vpon consid-
eracon whereof these are to will & require you & every of
44
Court and Testamentary Business, 1649-50.
Liber A. you that from henceforward you desist & forbeare any further
to sue implead molest or prosecute the said John Thimbleby
for or conc'ning the said decedents estate or any part thereof
as you will answere the contrary And wee doe hereby re-
quire o' Leive' cheif Governo'' & Chancellor or Keep of o'
great seale of o' s"* Province for the time being & all & every
o' Councello" Coifianders & Comissioners & all other Justices
Judges & Magistrates within o' said Province authorized & to
bee from time to time by vs or o' heires hereafter appointed &
authorized for matters of Judicature, that they & every of them
bee carefull from time to time as occasion shall require to o'
Will & pleasure herein before declared to bee duely observed
& •pformed according to Justice And that in case the said Jo:
Thimbleby shall happen at any time hereafter to bee sued
impleaded or prosecuted in any of o' Courts of Justice within
o' s** Province contrary to o' true intent & meaning herein
before signified, that they & every of them then p'^sent in Court
shall admit of & allowe this Quiet est or the Record thereof
for a lawfuU & sufficient Plea in barr to all & every such suite
Accon or demand In witnes whereof wee haue caused o' Sec-
retary of o' said Province of Maryland to publish the same
vnder o' great Seal of o' s^ Province Given at S' Maries the
sixt day of November Anno dni 1650
Witnes o' said Secretary Tho: Hatton
p- 376 19° No. Whereas I William Mitchell of the Citty of Chi-
chester in the County of Sussex gent did formerly intend a
Voyage in person to Maryland or Virginia in the Shipp called
the Thomas and John. I haue provided my self with Servants
and other necessaries, and Shipped two of my Children, but
shall for some time remainc my self in England I doe there-
fore depute and trust as my Assignes to dispose of all my Men
servants and Boyes shipped vppon my Accompt vnto the
Charge of M^ John Henshawe M"- Richard Hodgkins and
Christopher Gery (My Children and Cooke excepted) together
with all my Iron ware and other Truck and Commodity (my
Houshouldstuff excepted) which together with my women
servants I leave totally to the ordering and disposing of Anne
Boulton my servant. Hereby ratifyeing and confirming what-
soever they the said John Henshawe Richard HodgUns and
Christopher Gery and Anne Boulton shall doe in the p^misses
(They keeping an Inventory of all the said Goods and Chat-
tells vppon theire first landing and to give Accompt to mee)
as well as if I my self were personally present In witnes
whereof I haue herevnto sett my hand and Seale this fourth
day of Aprill 1 650 Wiftm Mitchell
Sealed & delivered in the p^sence of Thomas Robinson,
Richard dorrington
Court and Testamentary Business, 1649-50. 45
Edward Hall his Marke for Cattell & Hoggs viz. the right '-''^«'' a.
Eare Cropt with a hole in it, and a hole in the left ^' ^"
Geo: Manners his marke for Cattell & Hoggs viz. the right
Eare swallow forked and the left slitt downe and the forepart
taken off
At a Court held at S' ) Present f The Governor. Tho: Greene esq' Robert
Maries vuesimo No- )■ X Brookes esq' Cap' John Price M'
vembr 1650 ) (Secretary M' Willm Eltonhead
Mr Thomas sturman pite ) ^his Cause comeing this day to bee
M" Margaret Brent Extrix \ heard according to a former Order
of Leonard Calvert Esqrdef.j ^^^^^ ^^^^^^ hearing the fifteenth of
ffebruary last. Vppon reading of the said order and the
Originall Grant to Tho: Pasmore and the said Pasmores Oath
made in this Cause remayning vppon Record and menconed
in the said former order And vppon full hearing of what could
bee alleadged on both sides It is Ordered that the Plaintiffe
Tho: Sturman his heires and Assignes shall for ever hereafter
quietly, and peaceably hold possesse and enioy the one Thou-
sand Acres of land and Plantacon in question menconed in the
said former Order against the defend' and all persons clayming
from by or vnder her, or her, or Leonard Calvert Esq'' deceased
his late right title or clayme therevnto
Marks Biomefieid pite 1 The Complte sues for a Cowe w<^'' the
ffrancis Martyn deft ] defend' agreed to pay him at Accomack and
to transport her gratis hither And saith hee went to Accomack to
receive her, but was denyed her to his great damage and
charge wherein hee craves to bee releived To w'^'' the def'
acknowledgeth hee promised to deliver vnto the pite at Acco-
make a Heifer that had had a Calf w'^'' hee was and still is
ready to doe, and never denyed the delivery thereof It is
therfore Ordered that the defend' shall according to his
Agreem' deliver vnto the Plaindffe or to whom hee shall
appoint a Heifer that hath had a Calf sometime before the
first of January next at Accomaek, and transport her vpp to
the defend" nowe dwelling House in Maryland or some place
neere thereabouts by the last of March next the Complte
standing to the Hazard of her in the meane tyme after the
delivery But the plaintiffe not being able to prove the denyall
before alleadged is to pay Court Charges
The Governor by advise of the Counsell in open Court
gave leave to M'' Michaell Tainter Marryner to transport a
certainc quantity of Corne w"*" hee had aboard his Vessell
belonging to the Matapania Indians (who were gone to seate
towards die head of Patuxent River) vnto them thither
46 Court and Testamentary Business, 1649-50.
"'" ^- Nathanieii Pope pite 1 The hearing of this Cause is by consent
John Haifhead deft ] respited till the next Court
Mr John Rosier Gierke pite 1 Vppon reading of a former order
Arthur Turnor deft / m^de in thls Causc 12° Octobr last
whereby the def' had liberty till this Court to prove his damage
■w'^'' hee being not now able to doe. It is ordered according to
the direccon of the said former Order that the def' shall forth-
with pay vnto the plaintiff the Eight hundred pounds of
Tobacco & Caske due vpon the Bill And hee is left at liberty
to sue for his damages If any hee can make appeare
P- 378 The same Court continued at S' ) Present f The Governor. Tho; Greene
Maries 21° Novembr 1650 j \ Esq' Robt Brookes esq' M'
[ Secretary M' Eltonhead
Barnaby Jackson & a] pltes \' VppOU the CompltCS Pcticon this
KatherenHebdenWidd. def.; day exhibited into this Court thereby
setting forth that they being seised of all the estate of Tho:
Hebden deceased to certaine vses in the said deed expressed.
Tlie def" p'tended power to dispose of the said Estate and had
disposed and wasted part thereof as they were informed. It
is ordered that the defend' shall by the next Court bring in an
Inventory vppon oath of all such goods and chattells as were
granted to the pltes by the deed in Trust vppon Record and
since delivered to her vse And the Court will then take further
Order therein And in the meane time shee is not to make any
vnnecessary or wilful Wast of the said Estate
wiiim Stone Esqr Governor "i . ^he Compltes Suite being for a suffi-
of this Province Compite [ cicnt Conveyance of the House at S'
Mrs Margaret. Brent deft j ^^^.j^^ ^^,^^^^ ^^^ ^^^^,^ j.^^^^j^ ^^^,, ^^^
lately bought of the defend' for a valuable consideracon) with
Warranty against all iust claymes according to Agreem' vppon
the Bargaine. The def' confessed shee once offered such war-
ranty but saith there was noe absolute Agreement then made,
albeit by oath -pduced by the Governor it appeared the Agreem'
was absolute on her part. But by consent on both sides the
further hearing of the Cause is respited till the next Court
George Manners pitei The Complte sues to bee releived against
Nichas Keeting deft / thg dcf for fower hundred & forty pounds
of Tobacco due by Bill the tenth day of this p-'sent
Moneth wherein the def & Markes Pheypo were bound for
paym' thereof to the pke. And the def acknowledging the
debt iDut 7J Bill It is ordered that the said defend' shall forth-
with pay vnto the Comphe the said ffower hundred and forty
pounds of Tobacco
26 No: Execuc ad satisfaciend supinde
Court and Testamentary Business, 1649-50. 47
Geo: Manners plte 1 The Complte SUeS tO bee releived Vppon Liber A.
Nichas Keeling deft / ^,-, Execucoii Served vppon his estate at the
suite of Edward Hall for nine hundred nynety seaven pounds
of Tobacco and Caske being the Remainder due vppon a Bill
wherein the said Complte and Markes Pheypo were bound to
Hall for paym' of 1400' of Tob & Caske in November 1649.
from w'='' Ingagem' the Compile saith that vppon an Arbitracon
lately made betwixt them both Markes Pheypo and the defend'
pmised to save him harmeles. Which promise the def' denye-
ing for his particular M' Wittm Eltonhead deposed vppon oath
in open Court as followeth viz. That Marks Pheypo promised
and Nichas Keeting did not disscent to save the Complte
harmeles from Edward Hall concerning a parcell of Hoggs
bought of him and for w'^'' the Complte stands bound together
with Markes Pheypo to pay the said Hall 1400' Tob: -p Bill as
this depon' is informed. And afterwards the def' agreeing to
bee bound by the Comphes oath. The said Complte deposed
That both Markes Pheypo and the def' vppon the Arbitracon
pmised to saue him harmeles touching his Ingagem' to Edward
Hall nowe in question. It is therevppon ordered that the
defend' shall forthwith satisfy vnto the plaintiffe the said Nyne
hundred nynety seaven pounds of Tobacco in Caske for w'^''
hee is nowe vnder execucon at the suite of Edward Hall to-
gether with the full charges of the Execucon and Court
charges. 26° No: 1650 Execuco. Supinde ad satisfaciend
Georg Manners plte \ Vppon reading of a former order made in
Paul Simpson deft | jj^jg ^ausc 1 2° Oct last. Neither the def' nor
any for him appearing to make any defence in the busines.
It is Ordered that the defend' shall forthwith pay vnto the
Plaintiffe the one thousand and fifty pounds of Tob. & Caske
in the said former order menconed according to his Attorney
Ingagem' expressed in the said Order
26 No: Execuc ad satisfaciend
Edward Smith plte I Vppou mocou made on the Compltes p. 379
Mr cuthbt ffenwicke deft | behaulf alleadging that his Attorney was
sick & could not attend the hearing at his Court It is ordered
that the hearing thereof bee respited till next Court
John iiaifhead Complte 1 Vppon the pltes mocon the Hearing is
Tho: Greene Esqr deft | respited till HCXt Court
All the Causes left vnheard this Court are respited till the
next and all warrants & somons reinforced till then for such
Causes
The Court rising the Governor appointed die next Court to
bee held the Eight of January next
48 Coiirt and Testamentary Business, 1649-50.
John Cooke maketh oath that daniell Clocker the same yeare
hee was free from his Maister Cap' Cornewallis did demand of
his said Maister his clothes, corne and land then due to him, as
hee nowe p'tends. But what answere the said Cap' g^ve him I
haue quite forgott And further hee saith not.
John Cooke his marke
Jurat coram me 28 Septembr 1650
W" Stone
The deposicon of Mawdlin the wife of WiHm Whittle
taken this ly"" of November 1650
This depon' saith that whilest shee lived with M"^ Cuthbert
ffenwick there came daily to M' ffenwick Penne a Cowe w'^''
WiHm Smoote laid clayme to w'='' said Cowe brought a reddish
Calf, but whether it was a Cowe Calf or Bull Calf shee cannot
depose And further shee saith not
The marke of Mawdly Whitde
Jurat coram me WiHm Bretton
To the ho'''° Governor and the Wor" Counsell of
the Province of Maryland &c
The humble Peticon of the Inhabitants of the County of Kent
whose names are vnder subscribed
Shewcth
That for these 5 yeares last past or thereabouts divers Cattell
of the then Inhabitants vppon the said Island haue beene suf-
fered to runne wild whereby theire Increase sithence being still
vnmarked doe also runne wild, and noe course hath beene
hitlierto taken either for the tameing them or discovery to
whom theire Increase doth "pperly belong nor howe they ought
to bee proporconed By reason whereof yo' Peticoners are not
onely hindred of all benefitt they might make of theire severall
shares of the said Cattell and Increase iustly belonging to them
but are much p'iudiced also in having theire tame Cattell
carryed away and spoiled by Wild Bulls, and the said other
wild cattell to yo'' Peticoners very great damage and the
p'iudice of the Comon wealth.
Yo' Peticoners therefore for redresse hereof humbly
pray that this Court will appoint some speedy course to
bee taken for the getting vpp of the said wild Cattell
soe as they may bee devided distributed & disposed of
as this Court shall thinke fitt according to right equity
and good conscience And they shaH ever pray &c.
John Winchester Nicholas Browne Tho: Pett
Elizabeth Commins Henry Morgan W" Jones
Edw: Claxton Tho: Bradnox Robte Martin
John Salter ffrancis Lumbard Rich. Blunt
Phillip Conner Roger Baxter WiHm Porter
John Phillipps John deere
Co7irt and Testamentary Business, 1649-50. 49
At a Court held ) ( the Governor i-'
at S' Maries 7° V p'sent J Tho: Greene Esq'
Novembr. 1650 ) 1 Cap' Jo: Price
[ the Secretary
Vppon consideracon this day had of a Peticon exhibited
vnto this Court by the Inhabitants of the County of Kent
Whose names are therevnto subscribed, and of the publick
annoyance therein menconed The Court conceiving the first
occasion of the running Wild of the Cattell in the Peticon
menconed to bee the late troubles happening in this Province.
It is ordered by and with the consent of M'' Margarett Brent
nowe p'sent in Court on the behaulf of herself and as Attorney
for Giles Brent Esq' her Brother, both interessed in the said
Wild Cattell (as she alleadgeth) That as well shee the said
M"" Brent and such of the said Inhabitants as any others who
clayme any Interest in the said Wild Cattell makeing theire
right thereto appeare in the County Court at Kent bee at lib-
erty by themselues or whom they shall imploy therein to gett
vpp the said Cattell as is desired, And (if they thinke fitt) to kill
all or any of the wild Bulls in the Peticon menconed The p.
Beefe whereof (saving what may bee necessarily spent about
the getting vpp of the said Cattell) they are to p'serue or bee
answerable for in value, And for the better division & distribucon
thereof, and of the rest of the said Cattell & Increase, The
•psons interessed as aforesaid are to make it appeare particu-
larly by proofe or otherwise either in the County Court at
Kent or to this Court what Cattell every of them had w"'' ranne
wild amongst the said Cattell and when. W'"" being done and
Certified This Court will therevppon or otherwise pceed to
make such division & distribucon in the p'misses as shalbe fitt.
Vnless all the parties interessed as aforesaid doe amongst
themselues agree vppon a iust and fitt division & distribucon
therein. And in that case such division & distribucon is con-
firmed by this p'sent Order Provided that in all theire pceed-
ings aforesaid there bee noe wrong done to his Lo'''' in any
thing iusdy belonging to him, ffor w"^'" purpose M' ffrancis
Brookes whom his Lopp' Attorney hath authorized on his Lo'"'''
behaulf therein is too bee at liberty as well as any of the rest
to make clayme on his Lopp' behaulf by proofe or otherwise to
any share or proporcon of the said Cattell or Increase And
this Order and the power therein given is to stand in force till
the tenth of January next and noe longer
To his very loving ffreind M' Willm Smith
these p'sent
Sir
Since I had the happines to see you in London I haue
taken resolucon for a more speedy voyage then I formerly
50 Court and Testameiitary Business, 1649-50.
intended, by meanes whereof yo' daughters departure is very
neere at hand, This hath occasioned me to request (since my
pressing occasions pmitt not to give you a visitt) that you
would affoard mee the happines of discoursing with you in
London more particularly then I haue yet had opportunity to
doe in a thinge that soe neerely concernes yo' child. Sir if
you please to come it must bee suddenly And if it bee yo'
pleasure to adventure yo'' self at Sea to bee an Eye witnes
howe yo' Child is disposed of I will willingly make fitt and
competent provision for yo' Journey stay and returne at pleasure
without any charg at all to yo' self, and shall thinke my self
hai)py in yo' society and converse And if you and M" Smith
thinke fitt to bestowe any housholdstuffe on your daughter w''*'
wilbe a Comodity will there turne her to a considerable advan-
tage 1 doe ingage my self vpon myne Honor and reputacon that
it shall passe vpon her Accompt and for her owne vse and
benefitt In w"''' I will not intermedle nor p'tend any Interest.
Sir this with my respects is all at p'sent from Sir
Yo' affecconate ffreind W. Mitchell
London 21" ffebr 1649
25° dec A Caveat is this day entred on the behaulf of
Susanna Porter Widowe the relict of Wittm Porter of the Isle
of Kent concerning her late husbands estate.
27° dec Thomas Hamper a Judgm' to L' Nichas Gwither
of 340' of Tob: & Caske as witnes his hand.
Signd
Execuc inde eod die ad satisfaciend Tho: X Hamper
28 dec Wittm Marshall his Marke for cattell and Hoggs
viz: the right Eare slitt and the left slitt and the vnder part
cropt off and two slitts in the Cropp
28 dec Robert Allen sonne of Tho: Allen dec. his marke
for Cattell and Hoggs Viz: both Eares slitt and the vndersides
cropt offe
27 ^ec. 27° May 1650. According to the liberty and
direccon of an order made the last Assembly concerning the
charge of redeeming the children of Tho: Allen deceased
Wittm Marshall this day doth vndertake at the next Cropp to
pay the 600' of Tob: and Caske for redempcon of Robert
Allen the yonger of the said tw^o Children, and hath deposited
a Bill of 300' of Tob: and Caske payable the tenth of Novem-
ber next to him the said Wittm Marshall from Weaker Water-
Img m M' Secretaries hands, in part of paym' And the said
Court and Testatnetiiary Bitsiness, 1649-50. 51
Child to bee at liberty to live with him the said Marshall or Liber a.
any other whom the said Child shall best like of without any
Tye or restraint of servitude Witnes his hand
Sign
Testor Tho: Hatton W x Marshall
3° dec 4° decembr 1650. Witnes my hand that I Zephania
Smith of Providence in Annarundell County in the Province of
Mariland haue sold and already delivered vrrto Robert Simp-
kin of the same place a Shallopp newly trymmed and fitted, in
burthen 1 2 Tuns more or lesse with a small Boate belonging
to her and Ropes Sailes grapling Cable and all things else
w""'' nowe doe belong to her as they nowe are, To possesse and
enioy the same as his owne pper goods & chattells. ffor a
somme of Tobacco in part already paid by the said Robert,
And the Remainder to bee paid by his Bill passed to mee In p. 381
witnes to the truth hereof I haue sett to my hand the day and
yeare aboue written Zephania Smith
Witnes Tho: Hatton WiHm Chappell
8° January Humfry Howell appointeth Georg Manners
Attorney for him & his wife and on the behaulf of his wives
Children
8" January Henry Potter appointeth George Manners his
Attorney in Court in the Cause betweene him & M' Elton-
head.
ffrancis Poesey maketh oath that about 5 weekes since
hee being at the House where Richard Browne lately lived in
S' Clemens Hundred and where one Georg Browne then kept
a Store, there sawe the said Georg Browne and one Mathew
Williams in a violent manner assault & beate the said Richard
Browne in the said House. Onely (soe farr as this depon'
could i^ceive) for that the said Richard Browne said the said
House was his And further deposeth not
Jurat 11° January 1650 Tho: Hatton
At a Court held at S' Maries) Present The Governor. Cap' John Price p. 382
16 dec. 1650 i M' Tho: Hatton
Vppon mocon made to this Court It is ordered that Henry
Morgan be Gardian to Tabitha the daughter of Robert Short
deceased to sue implead psecute & defend for and on her
behaulf and to all other intents & purposes in such cases
vsuall
52 Court and Testamentary Business, 1649-50.
Liber A. At a Court held at S' Maries I Present. The Governor. Cap' John Price
the eight of January 1650 i Willm Mitchell Esq' Willm
Eltonhead Esq' M' Thomas Hatton
WiHm Mitchell Esq' was this day sworne of his Lo^p' Counsell
in open Court Yppon debate of the matter this day about the
death of Raphe Beanes servant the said Beane moving to haue
a discharg vppon the Evidence produced. But the Jury not
agreeing in theire Verdict It is ordered that all the Jurors
meete together at the nowe dw^elling House of Luke Gardiner
at the Herring Creeke vppon Saturday the 18'*' day of this p'sent
Moneth to consider further of the busines, and to give in
theire V'erdict by the next Court whether or noe the said
Servants death was occasioned by any default of the said
Raph Beane his Maister. Wherein if they faile the Court will
impose such ffines vpon them for such default as shalbe
thought fitt.
Hugh Hopewell bringing into Court (by the Governors
appointm') two Guns by him lately taken from two Indians
imployed by Luke Gardiner and Wittm Johnson without
warrant as was alleadged The said Gardner and Johnson
not appearing It is ordered that the said Hopewell detaine the
Gunns in his custody till the next Court. And the said
Gardner and Johnson haue liberty till then to shewe cause (if
they can) why they should not bee forfeited according to the
y\ct in that case i:)vided
t^^nJ^^ \ , The pke according to a former order of
Attorney of CaptTho: Y the 25'" ot January 1649 sueth for Corne
cornewaiiis deft J & Clothes &c according to the Custome of
the Contry. But the def desiring further time till hee may
heare againe from Cap' Cornewallies It is ordered with the
phes consent that the matter bee respited till the first of
december next And if by that tyme the defend' cannot shewe
cause to the contrary hee is then to pay vnto the plaintiffe the
Corne Clothes and other things due by the Custome of the
Contry for his service to the said Cap' Cornewallies
1650
( '-'•'" i^- Know all men by these presents, that I ffrancis Martin of
■'^■'^p. "o: Maryland, for a valuable Consideration have sold and delivered
unto Marke Blomefield, one black Cow with a flower de luce
on the left Ear, and Crop't and underhanced on the right ear,
. To have and to hold the S"* Cow from the claime of any person
whatsoever, as witness my hand this 25"^ day of January, 1650
The Mark of ffrancis Martin
Wittness John Starman
Court and Testamentary Business, 1649-50. 53
John siingesby pite 1 The pltes suite being to haue a Bill delivered Liber a.
Richard Nevitt deft ] ypp ^j-j^q j^fj^^ ^ch j^gg eiitred to tlic def for ^' ■'' '
payni' of two hh'"' of Tobacco w'='' hee alleadgeth is paid, And
the def' acknowledged hee received the two hh""" and that there
was not any marke vppon them when hee received them, but
saith Walter Pakes challenged one of them as formerly paid to
him by the plte and had the same. This Court nevertheles
vppon the def" said acknowledgm' of the Receipt doth order
the said Bill to bee delivered vpp and cancelled
10 ffebr 1650. Whereas Richard Ware is indebted to p- 3S3
Edward Scurffield Marryner three hundred and fifty pounds of
Tobacco and Caske. Walter Pakes this day doth acknowledge
the same to bee due and doth binde himself his heires Exec''
and Adm" to pay the same to the said Scurffield his Exec''
Adm" or Assignes at his dwelling house at Newtowne the
tenth day of November And the said Scurffield in consideracon
thereof accepteth of the said Pakes for his paymaister accord-
ingly
Walter Pakes
Test Tho: Hatton
These p'sents witnes that I Cap' Wittm Stone esq' doe fully
bargaine & put to sale three Cowes vnto Edward Hall and his
Assignes and to beare him harmeles from all iust claymes
whatsoever that shall ensue vppon the said Cowes and theire
Increase given vnder my hand this 14''' of ffebruary 1650
Testor Edmond Wormell W" Stone
1 1 ffebruary 1650. Walter Pakes acknowledgeth himself to
owe vnto Raphe Beane eleaven hundred and fifty pounds of
Tobacco and Caske to bee paid to him the said Raphe his
Executors Adm"'' or Assignes by the said Walter his heires
Exec" or Adm'' vppon the tenth day of November next.
Witnes his hand Walter Pakes
Testor Tho: Hatton
Whereas M' Robert Clarke stands ingaged by Bill to pay
vnto John Hatch Attorney of Skipper Abraham Johnson Two
thousand twoe hundred and eighty pounds of Tobacco and
Caske or thereabout being the debt of M' Phillipp Land. Hee
the said M' Land for the said M' Clarkes security and saving
harmeles of and from the said Ingagem' doth iiereby make
over assigne and deliver to the said M' Clarke his the said M'
Lands whole estate within this Province or elswhere to bee
answerable for the purpose aforesaid.
Witnes his hand this 11''' of ffebruary 1650
Testor Tho: Hatton Phillip Land
54 Court and Testamentary Business, 1649-50.
' A. Serg' Richard Nevitt doth acknowledge himself to owe vnto
Raphe Bcane fourteene hundred Sixty six pounds of Tob. &
Caske to bee paid by him the said Richard Nevitt his heires
Exec" & Adm" to the said Raphe Beane his Exec'" Adm''' or
Assignes vppon the tenth day of November next * -Witnes his
hand the ii"* day of ffebruary 1650
Testor Tho: Hatton the marke of
Richard R Nevitt
3S4 15"' ffebr 1650. William Bretton gent this day acknow-
ledgeth a Judgment of Eleven Hundred pounds of Tobacco
ancf Caske to bee paid by him to William Stone Esq' Governor
of this Province. Witnes his hand.
Will-" Bretton
Testor The: Hatton Exccinde; 11° Oct 1652 v'suspson & 909'
Tob. rcmaind' Judicij p'dict
At a Court held at S' Maries "I p'sent. The Governor, Secretary
13" ffebr 1650 I W" Eltonhead Esq'^ W"' Mitchell esq'
Vppon mocon made vnto this Court by Lewyn Bufkin Esq''
and on the behaulf of Robt Kedger Edward Hall John Buttry
and other Credditors of Robert Brooke Esq' one of his Lopp'
Coimsell, and vppon the said M' Bufkins informacon that hee
relyeing vppon the said M' Brookes faithfuU promise to bee at
the last Provinciall Court there to bee answerable to the said
M' Bufkins demand of a debt claymed to bee due to him from
the said M' Brooke Yet failed therein, though the next day
before the said Court hee was at the Governors House where
the Court was to bee held, and was by the Governor and
CounscU there expected to bee assistant vnto them as it is
conceived hee ought by vertue of his place, and the said M'
Bufkin not any wayes doubting of his p'sence there forbare to
procure a Somons from the Governor for his appearance.
And vppon the said M' Bufkins further informacon that hee is
very suddenly to returne for England or Holland and that hee
is like to bee much dampnified for want of certaine Tobaccoes
due vnto him from the said M' Brooke {w"'^ hee relyed vppon
for his better supply at his arrivall) vnles by the ayde and
assistance of this Court hee may receive speedy releife therein
And vppon severall other informacons from other of the said
Credditors, and other Motives inducing this Court therevnto
It is by this Court this day ordered that if the said Robert
Brooke esq' being served with a Lre or Somons from the
Governor for that purpose together with a Coppy of this p'sent
Order vnder the Secretaries hand shall not at the next Court
to bee held for this County at S' Maries vppon Wednesday
Cotirt and Testamentary Business, 1649-50. 55
next appeare and answere at the suite of the said Lewin Buf kin i-'''^"^ ^■
Esq' and of other the before menconed Credditors and shcwe
good Cause why Judgm' should not passe against him vppon
theire severall demands this Court will then proceed to give
them such Releife therein as shalbe fitt his the said M"' Brookes
absence or default notwithstanding.
According to the direccon of the aboue recited Order a
Sofnons issued out as foUoweth. directed to the said M' Brookes.
Sir. After my harty commendacons, These are in the Lo:
Prop" name (according to the vsuall manner to those of his
Lqpp" Counsell) to will and require you to appeare at the next
Court to bee held for this County at S' Maries vppon Wednes-
day next being the nyneteenth day of this p'sent Moneth then
and there to answere at the severall suites of Lewin Bufkin
Esq' Robert Kedger Edward Hall John Buttery and other yo'
Credditors in severall Accons of debt and to abide the Order
or Orders of Court therein And further these are to give
you notice that in case of yo' default in not appearing Judgm"
wilbee awarded to the parties before menconed and other of
the said Credditors prosecuting for it as the Court shall thinke
fitt Hereof I desire you will take speciall notice And rest yo'
very loving ffreind W" Stone
S' Maries 13° ffebr 1650
Martin Kirke appoints Georg Manners his Attorney in Court
ag' ffrancis Antell
ffebr 15 Anno 1650 p. 385
Knowe all men by these p'sents that I Henry ffox haue
sould and delivered to John Ward one browne Cowe and a
Bull Calf both bearing one Markc, that is, overkeeled on both
Eares with the tipp of the right Eare cutt off, and the aboue-
said Henry ffox doth avouch the said Cattell to the said John
Ward against all claymes & suites of lawe whatsoever witnes
my hand the day and yeare abouewrittcn
The marke of Henry ffox
Testes John Wade. Charles Maynard.
At a Court held at S' Maries) ( The Governor. W" Mitchell Esq' p. 3S6
vpon Wednesday the 19"' day V p'sent -\
of ffebruary Anno dni 1650 ) ( W° Eltonhead Esq' Secretary
Levin Bufkin Esqr pite \ Vppon the reading of a former Order
Robert Brooke Esqr deft \ ^f jj^e 1 3''' of this p'sent moncth made in
this Cause vppon the pltes mocon, and also of a Lrc from the
def' dated the iS"" day of ffebr instant directed to the Governor
and Counsell by w""'" Lre it appeared that the def' had appointed
Charles Brooke gent his sonne to bee his Attorney in iiis
56 Court and Testamentary Business, 1649-5 •
i.iber A. absence the said M' Charles Brooke being nowe p-'sent The
Court proceeded to the hearing of the Cause. And the Com-
pltes suite being to bee releived for 1560' of Tob: and Cask
Damages for 13. weekes service for two men according to a
Covenant or Agreem' of the 20"' of August last witnessed by
the Governor "WiHm Stone Esq' and nowe read being as
followeth viz. August 20. 1650. Mem*^ the day and yeare
aboue written agreed betweene Elwyn Bufkin Esq' of the one
party and Robert Brooke of Maryland Esq' of the other party.
That hee the said Elwyn Bufkin shall and doth hereby lett out
vnto service two Menservants belonging to M' Mitchell (one
named Edward Philpott the other Vincent Atkinson) to the
aforenamed Robert Brooke for 13 weekes next after and
ensueing the date hereof. Hee the said Robert Brooke paying
for every weekes service of these two men 1 20. weight of good
merchantable Tobacco and Caske after the end of the said
service. In witnes whereof the parties to these p'sents inter-
changeably haue sett theire hands
Signed in the p'sence of Wittm Stone. Robert Brooke
To w'^'' clayme of the pltes the defend' by his said Lre and
Attorney answered that hee owed him nothing, ffor that the
Specialtyes being -pvsed the Court might bee pleased to
observe that the def' hired the Men ioyndy for 1 3 weekes ser-
vice and at the end of theire service was to pay soe much.
And that till the plte could prove that 1 3 weekes service noe
Court vnder heaven could enioyne the def' to give him one
penny without the height of Iniustice & oppression. And that
hee was sure the plte could never prove, ffor Vincent one of
the two men was absent noe lesse then full five weekes of the
p'tended thirteene, and that the plte could not deny this and
that if hee should hee the def' had aboue 40 witnesses to
depose against him. And that hee had vnder the pltes owne
hand and scale wherein hee acknowledged that one of the
men had not served out his time, and that therefore hee wrote
to M' Henshawe to lett both the men worke some considerable
tyme to make vpp that one mans absence, but this was not
embraced by Cap' Mitchell who by his menaceing Lre bearing
date November 25. -pemptorily commands them away vppon
sight of it And though it was August the 20"' that theire
Specialties beare date, yet was it August the 23"^ before Phil-
pott was was delivered him, the Governor then having occasion
for the men to finish some worke and the plte granting that
hee should And after the 20"' of November neither of^'them
wrought a day, onely they stayed some dayes for theire owne
pleasure and that was all, And therefore the Case being
cleere the def doubted not but the Court in all Justice w
soe
would
Court and Testamentary Business, 1649-50. 57
give him Costs & charges against the plte and dismisse the i-'berA
suite. Wherevpon the Complte produced the deposicons
of the said vincent Atkinson and Edward Philpott taken in
open Court and being as followeth viz.
The ii'''offfebr 1650. Vincent Atkinson aged about 20'^
yeares deposeth as followeth viz That hee the said Vincent
Atkinson did serue M' Brooke of de le Brooke the full terme
of three monethes vppon the Accompt of Levin Bufkin Esq'
And this depon' farther saith that by the direccon of M"
.Brooke this depon' and three of the said M' Brookes his ser-
vants went into the Woods to kill Venison or other provisions
in respect of the p'sent want in M' Brookes his ffamily,
and that this deponent had a Gunne delivered him by M'
Brooke for that purpose, and powder and shott delivered him
by his the said M' Brookes sonne, and that this depon' and the
rest with him lost themselues in the woods and camedowne to
S' Maries where this depon' was sicke, but was not in all that
time entertayned by any of his Maisters servants or M' Bufkin
or any for him And with the first opportunity this depo' with
M' Brookes his servants returned to the said M' Brookes his
House. And further deposeth not.
II''' of ffebr 1650. Edward Philpott aged about 49 yeares
deposeth as followeth viz. That he the said Edward Philpott
did serve M'' Brooke of de le Brooke the full terme of three
monethes vppon the Accompt of Levin Bufkin Esq"^ and further
deposeth not.
Vppon the reading of w'^'' deposicons and of the Compltes
Lre to the def' of the 9"^ of November last and of Cap' Mitchells
note to the said Philpott & Vincent dated the 25''' of the same p. 3S7
moneth both menconed in the def" Answere It was thought-
fitt to referr the Tryall of this Cause to a Jury, ffor w"*" purpose
tlie Sheriffe impannelled M' Cuthbert ffenwick M' Richard
Hoskins M' Edward Wormell M' Thomas Mathewes M' Phillipp
Land M' ffrancis Brookes M' John Hatch Stephen Salmon
John Buttery Edward Scurfield WiHm Johnson and Luke
Gardiner, who made choise of the said M'' ffenwick for theire
fforeman, and had in charge given them vpon oath to consider
of the pltes demand and the def" Answere and of all the before
menconed and all other evidences heard on both sides, and
therevppon to examine what time the said two servants did
contynue in the def" service and what alloweance the Complte
ought to haue for the saine, and thereof to give in theire Ver-
dict. Which after some time spent therein they did accordingly
being as followeth viz. The Jury findes for the plaintiffe
according to his Condicon which is ffifteene Hundred and
Sixty pounds of Tobacco and Caske. It is therefore ordered
according to the said Juries Verdict that the defend' shall forth-
58 Court and Testamentary Business, 1649-50.
with pay vnto the Complaynant ffifteene Hundred and Sixty
pounds of Tobacco and Caske. 8° March Execuc. ad satis-
faciend
Edward Hall pite I The pke sucs for twclue hundred weight
Robt Brooke Esqr de{> \ q{ Xob: and Caskc duc to him from the
def' '26 decembr last by Bill and payable on S' Georges River
and one hundred and twenty pounds of Tobacco and Caske p
Accomp' To w'^'' the defend' (appearing by his Attorney) in
Answere saith and confesseth that the plte had his Specialty
for 1200 weight of Tob. and that hee owed him over and
aboue for two bushells of Onyons w'^'' he valued at i 20' more,
for w'='' hee said hee would make him over a manservant bound
for foure yeares. hee giving the def the Remainder in Tobacco
or paying as much to his Credditors as would make it 2400' of
Tob: W^*" the def' conceived was a faire satisfaccon And soe
desired the suite might bee dismissed. Vppon w"^*" confession of
the def'^ in his Answere It is ordered that hee the said def'
shall forthwith pay vnto the Compile Thirteene hundred and
twenty pounds of Tobacco and Caske.
Robert Kedger plte 1 The pltes Suite being for 820' of Tob:
Robert Brooke Esqr deft | ^^^ Caske due to him from the def by
Bill the 10''' of November last, and 167' of Tob: & Caske more
p Accompt for 33' and an half of Butter sould him. To w='' the
def (appearing by his Attorney) answered onely that the plte
had dealt very vnworthely with him for that hee had promised
to stay for his Tobacco till the next Cropp And that the def
had proofe thereof To w<='' the Complte Replyed that true it
was hee made the def a condiconall pmise to forebeare soe as
hee would assigne him over Bills for his debt somewhere vppon
or neere S' Georges River And the def" sonne Nf Charles
Brooke being examined said the plte did make such a pmise
as was menconed in his ffathers Answere but it was soe done
vppon some further Agreem' wherevppon it is thought fitt by
this Court and soe ordered, that vnles the defend' shall by the
next Court either assigne over to the plte good Bills for his
debt vppon or neere S' Georges River payable the next Cropp
or then shewe good Cause to the contrary hee shall then with-
out further order or Judgm' herein forthwith pay vnto the
Complte Nyne hundred eighty seaven pounds of Tobacco and
Caske Noe Cause shewed this being the 8"' of March 1651
John Buttery plte \ the plte sues for paym' for five weekes
Kobt Brooke Esqr dec ] ^orkc being a Carpenter after the rate of
450' of Tob. and Caske p moneth by Agreem' The def by
his Answere confesseth hee hired him for 450' of Tob.
Cotirt and Testamentary Business, 1649-50. 59
the moneth but saith hee hired him for two monethes, and Liber a.
that hee worked with him five weekes of those two monethes
and then went away vppon some distast. It is therefore vppon
the defend"' confession ordered that hee the said def' shall
forth with pay vnto the plte foure hundred and fifty pounds of
Tobacco and Caske for one monethes worke.
Wm Andrewes Esq^ Skipper Jacob derrickson 1
Lewis ffroman & Henry Adams, Luke Gardiner !■ pltes
James Lindesey Thomas Mathewes & John dandy )
Robert Brooke esqr deft} The phc IM" Andrewes sucs the defend'
for 3400' of Tob: & Caske p Bill & damages The plte der-
rickson for 385' Tob: & Caske or thereabouts -p Bill Lewis ffro-
man & Henry Adams for 2008' of Tob: and Caske p Bill. Luke
Gardiner for 265' of Tob: for Cowpers worke James Lindsey
for 310' Tob. & Caske -p Accompt W Thomas Mathewes for
1629' of Tob. and Caske -p Bill and 200' Tob. -p moneth for
Storage -p Accompt. and John dandy sueth to bee releived
against the defend' for 700' of Tob. and Caske due to him p
Bill and as Assignee of John Hallowes for 1 251' Tob. & Caske
p Bill and for 164' of Tob & Caske p Accompt for worke
Vppon all and every of w'^'' the said Comphes severall Mocons
and vppon relacon to the former pcecdings it is ordered that
vnles the said def having notice thereof shall at the next gen-
erall Court to be held for the County of S' Maries the 20"^ day
of March next shewe good Cause to the contrary hee shall
then be adiudged to pay vnto every of the said severall
Complts respectively soe much as they shall then make appeare
to bee iustly due vnto them by the said defend'.
7° Marcij 1650. Raphe Beane this day countermandeth and p. 388
revoketh a former Lre of Attorney to Georg Manners and
appointeth his Brother Walter Beane to bee his lawfuU
Attorney in all Causes in Court and to all other intents &
purposes witnes his hand
The marke of
Tester Tho: Hatton Raphe P Beane
7" Marcij. ffebr 17"' 1650. Knowe all men by these p'sents
that wee John Shercliffc and Henry Spinkc doe bynde our-
selues our heircs exec'^ Adm" & Assignes to pay or cause to
bee paid to Raph Beane or his Assignes the full and iust soffie
of Three thousand and Three hundred pounds of good mer-
chantable Leafc Tobacco and Caske at or before the tenth of
November next ensueing the date hereof And for better
security of the aforesaid debt wee the said John and Henry
doe binde over vnto the aforesaid Raphe Beane all our right
title and Interest of our House plantacon stock of Hoggs
6o Court and Testamentary Business, 1649-50.
Liber A. Cowe Calf and our Cropp vppon the ground for the true
payment of the aforesaid debt In witnes whereof wee haue
herevnto sett our hands the day and yeare aboue written
John Shercliffe his Marke
Henry Spinke
Witnes Richard Willan
These p'sents testify That whereas Zephaniah Smith hath
received a Lre of Attorney from mee to receive some debts
for mee at Maryland. I doe revoke countermand and make
voyde the said Lre of Attorney in all things to all intents and
purposes whatsoever Having given Order to M' Thomas
Marsh to receive the said debts to his owne vse Witnes my
hand ffebr g"" 1650 W"' durand
Test Edw: Lloyde
12° Marcij: Aprill 19"" 1647. These are to authorize
Thomas Bradnox and Edward Comins gent to take into theire
custody all the Neate Cattell vppon the Isle of Kent belonging
to any person or -psons w"^*' are absent from the said Island, and
them to keepe in theire custody or tuicon, and to charge the
Accompt of keeping of them to the owner thereof And for
soe doeing this shalbe your Comission Given at the Isle of
Kent L. Calvert •
eod July this 19th 1642. Knowe all men by these p'sents
that I John Smitli of the Isle of Kent planter haue received full
satisfaccon of Thomas Bradno.x of a debt due from M' William
Branthwait vnto the said John Smith of Seaventeene hundred
pounds of Tobacco and likewise another debt of six hundred
pounds of Tobacco due from the said M' William Branthwait
I say Received by mee the day and yeare aboue written
Sign John Smith
Witnes John Metcalf. dirch Scrritt
eod Nov'int vniv'si p p'sentes me Johem Smith Insula de
Kent planter teneri & firmit obligari Witto Branthwait de eod
loco gen in triginta mille ponder bone & m'chantabil Tobacco
solvend eidem WiHo Branthwait aut suo cert Attorn executor
sive Assign suis Ad qu. quidem soluendm bene & fidelit fac
obligo me hered exec & Adm^^ meos firmit -p p-'sentes Sigillo
inde sigillat dat^vlt die ffebr Anno dni 1639 The Condicon
of this Obligacon is such that if the aboue bounden John
Smith his heires exec" & Assignes doe & shall well & trucly
save & keepe indempnified the said M^ William Branthwait
from all manner of claymes suites of lawe or other troubles
Court and Testamentary Business, 1649-50. 61
whatsoever that may come or insue vnto the said M'' WiHm L'ber a.
Branthwate by reason of the goods lately bequeathed vnto
Katherine the daughter of the said John Smith by the last Will
& Testam' of Henry Crawley late deceased That then this
Obligacon to bee void and of none effect or else to stand in
full force power and vertue
Sealed & delivered in the p'sence of
Signd John Smith
ffrancis Rabnett
John Gresham
Knowe all men by these p'sents that I John Smith of Cray- f- 3^9
ford in the Isle of Kent planter haue given granted assigned
& made over, and by these p'sents doe give grant assigne and
make over vnto M' William Branthwait of Broadcreeke and
Island aforesaid gent All my right title clayme and interest
w'='' I haue in the lands goods cattell & chattells of Henry
Crawley late deceased in the right of my daughter Katherine
and bequeathed vnto the aforesaid Katheren by the last Will &
testam' of the aforesaid Henry Crawley And I doe further give
and grant vnto the foresaid M"' W" Branthwait full power to
doe any lawfull Act or acts as also to administer vpon the said
estate and to doe whatsoever shall belong or of right shall
seeme expedient to bee done in busines of the like kinde and
nature with as full power and authority and in as large &
ample manner as if I myself were to doe the same In witnes
whereof I haue herevnto sett my hand the last day of ffebruary
1639. The marke of John Smith
Signed & delivered in the p'sence of. ffrancis Rabnett
John Gresham
ffebr the 19''' 1639. Mem"^ that John Smith of the Isle of
Kent in the Province of Maryland Planter doe acknowledge to
haue received of M' Branthwait of the aforesaid Island gent
the iust quantity of twenty six hundred pounds of Tobacco
being a debt due vnto mee from the estate of Henry Crawley
of the aforesaid Island deceased. And doe freely acquitt and
discharge the said William Branthwait of all debts Whatsoever
betwixt the aforesaid Henry Crawley deceased and mee
Witnes my hand
Sign John Smith
Witnes Robert Lake. WiHm Lant.
Whereas Henry Crawley of the Isle of Kent deceased hath
by his last Will & Testam' given all his whole estate scituate
at the Broadcreeke in the aforesaid Island or elsewhere, and
likewise all debts and Recoveries whatsoever vnto Katheren
62 Court and Testamentary Business, 1649-50.
Smith of the aforesaid Isle daughter vnto John Smith planter.
Knowe all men therefore by these p'sents that I John Smith
ffather vnto the said Katheren for divers good reasons mee
therevnto moveing, and for the better Improveing the estate
for my said daughters vse haue hereby sold all my daughters
rights & tides in the said estate whatsoever belonging or any
wayes appertayning vnto the said Henry Crawley deceased
moveing or being in or vppon the aforesaid Island or els-
where vnto M' WiHm Branthwait Comander of the Isle of Kent,
the said M' WiHm Branthwate paying vnto the said John
Smith for the vse of his said daughter Katheren 2000' of
Tobacco in leafe and one House and plantacon comonly called
Craford ffort belonging vnto the said M' WiHm Branthwait
with all rights & titles therevnto belonging Provided that the .
said John Smith pay vnto Robert Cowper Carpenter fifive hun-
dred pounds of Tob: for the making of one Shedd and lathing
the Chymney of the said House And likewise the said WiHm
Branthwait is to give vnto the said John Smith for the vse of
the said Katheren one servant caHed by the name of Henry
Cartwright and one fflock bedd w'''' the said servant vse to lye
vppon, and one Blankett The said John Smith warranting the
said WiHm Branthwait quiett possion of the said estate without
lett or disturbance the said WiHm Branthwat being at all charge
for the prove! ng the said Will and likewise paying the debts
of the said Henry Crawley wherevnto both parties haue sett
theire hands this 18''' of ffebruary 1639.
Copia vera testis PhiHipp Conner
1 5° Marcij An Administracon is this day granted to Phillip
Conner gent of the goods chattells debts and -psonaH estate of
Robert Short of the Isle of Kent planter deceased in the
behaulf of his children and power given to Cap' Robert
Vaughan to take his oath in the vsuall manner, the Inventory
to bee exhibited by Michas next vnles &c
15° Marcij An Administracon is this day granted to M'
Thomas Ward Chirurgion in right of Eliz his wife of the
psonaU estate of Edward Comins of the Isle of Kent planter
deceased on the behaulf and to the vse of the children of the
said Edward, and power given to M"' Phillipp Conner to take
his Oath and take security as hee shall thing fitt The Inventory
to bee exhibited by Michas next vnles &c.
1 5° Marcij An Administracon is this day granted to Susan
Porter widowe of the personall estate of WiHm Porter of the
Isle of Kent her late Husband deceased And power is given
to Cap' Robert Vaughan to take her oath & security if hee
Court and Testamentary Business, 1649-50. 63
thinke fitt, with reference to the Order of the last Assembly ^^^'^^ a.
touching the goods allowed her The Inventory to bee exhibited
by Michas next vnles &c
October 1° 1650. The last Will and Testament of William p- 39°
Porter. In the name of God Amen, ffirst 1 bequeath my Soule to
God that gave it, and my body after I am departed out of this
j/sent evill world to bee decently buryed trusting & hoping by
the meritts and mercy of my Lord and Saviour Jesus Christ hee
•will revnite my soule & body together and by his rich mercy in
Jesus Christ hee will make mee -ptaker in this life of the ffruits
and effects of Christs death before hee take mee hence, and
after I depart hence hee will raise mee vpp and make mee enioy
the full fruicon of happines and glory in his everlasting King-
dome. And as for my temporall estate that God hath given
mee I bequeath it all to my loving wife Susanna Porter, after
my departure hence And if it shall please God to take my wife
next after mee to himself After her decease I doe bequeath it
to my daughter Joane Hudd, and to bee further disposed of
after her decease to her Children And this to bee my last
Will and Testament irrevocable to stand without any chang
witnes my hand for the performance of this my last Act &
deed to bee performed after my decease
WiHm Porter
Witnessed by Walter Smith
12° ffebruary John Halfhead appointed Geo: Manners his
Attorney in a Cause in Court against M' Nathaniell Pope
12° ffebr. Robert Robins appointeth Geo: Manners his
Attorney in a Cause depending against Arthur Turner
The II''' of March 1650. Received by mee Edward Scur-
field to the vse of John Vnderhill from Cap' John Price the full
somme of three hundred eighty three pounds of Tobacco and
Caske As witnes my hand
Tho: Lugg The marke of daniell Clocker. E S
The mark of Edward Scurffield
March. 20''' memorandu th' I Cuth: ffenwick gent" doe
hereby make ou' unto John Danby Blacksmith, all my right in this
Ire of Admistraon, w'"' all rights, goods or chattells, w"'' are due, or
W^*" mought or could or right bee due, or apperteine to mee, as
belonging to th" w'''in mentioned Nicolas Harueyes Estate by
uertue of th"" same. W'ittnes my hand. Cuth: ffenwick
Cora me Will*" Bretton.
64 Court and Testamentary Business, 1649-50.
1° April 1 65 1 Bartholemewe Phillipps his marke for Cattell
& Hoggs Viz: A hole in the right Eare, and the left Eare
overkeeld.
1° April 165 1 M" Margaret Brent this day revoketh all
Lres of Attorney by her at any heretofore made to George
Manners.
By the Leive' &c of Maryland
These are to authorize M' Richard Browne to examine vppon
oath by him to bee administred what witnesses ffrancis Poesey
shall thinke fitt touching a bargaine lately made betweene him
the said Poesey and Beniamin Gill for a certaine quantity of
land Given at S' Maries this 12'*' of September 1650
W™ Stone
This Bill bindeth vs Richard Ware Robert Holt and Edward
judgnit vppon I Hudson all of S' Michaells Hundred within the
January "1651 j Couuty of Maryland planters, our heires Exec"
Adm'^ and Assignes Joindy & severally, to pay or cause to
bee paid vnto Henry Ponntnell his heires or Assignes the iust
and full somme of ffifteene hundred pounds of good and
m'chantable leafe Tobacco with Caske to bee paid at the nowe
dwelling House of the said Robert Holt and Edward Hudson
at or vppon the tenth day of November next ensueinge the
date hereof. As witnes our hands this 24'*' of ffebruary 1650
The marke of Richard Ware, The marke
of Robert Holt, the marke of Edward Hudson
Testes John Metcalf
Thomas Leech.
Providence this 4"'' of december 1650 Knowe all men by
these p'sents that I Robert Simpkin of Providence in the
Province of Maryland doe hereby binde myself heires Exec'' &
Assignes with Plantacon goods & cattells to Zephaniah Smith
his heires Exec'' or Assignes to bee truely and faithfully
accomptable to Zephaniah Smith or his Assignes on all demands
concerning all fraughts improvem" hiring out of half the
Shallopp. W*^'' half with half of Ropes Sailes Cables grapling
with Boate & any other thing or things w'^'' nowe belongs to
her is due to the said Zephaniah and to bee made good againe
to Zephaniah with a true & iust Accompt of the full improvem'
of her hire and fraught in all kinds whether in Corne or goods
or Cattell or any thing to bee given to the said Zephaniah or
his Assignes on all demands Provided alwaies that the said
Zephaniah is to bee at half the charges of Mens dyett and hire
Court and Testamentary Business, 1649-50. 65
and what is laid out vpon her for her vse and improvem' In ^iber a.
witnes to w'^'' I haue sett to my hand the day & yeare aboue
Written
Witnessed by these p'sents Robt Simpkin
WiHm Chappell
Tho. Coles his marke
At a Court held at S' Maries "I p'sentf The Governor. Thomas GreeneEsq'
10 ffebruary Anno dni. 1650 J j Cap'John Price M' Thomas Hatton&
I Thomas Gerrard Esq' who was this
[day sworne of the Counsell
Edward Scurfield Marriner pite I The Plaintiffe SUCth for 9OO and
Raphe iJeane deft / q^|^j pounds of Tobacco in Caske
due to him from the def' two yearcs since for goods sold &
damages. Wherevnto the def' denyed hec owed him any
thing. And saith hee onely bought a Rugg of the plte about
the time before menconed for w'^'' hee was to pay him 300'
Tob. in Caske w"^*" hee paid him in Virginia together with soe
much more for Walter Beane and Robert Cager as came to
three hogsheads aboard M' Husbands Shipp, then riding in
James River. And the plte acknowledged the delivery of
the Tobacco aboard the said Shipp and that it was there
weighed & marked, but saith hee did not accept of it there
for paym' in regard it could not bee carryed for England in
that Shipp but that the defend' agreed to carry it in his Boate
from hence, to M' Ludlowes vppon Yorke River, and there
to deliver the same for the pltes vse where hee was willing to
accept thereof, but that the def' failed soe to doe And the
defend' averred that the plte accepted of the said three hh''" of
Tobacco for paym' aboard the said Shipp, but that at his
request hee tooke it againe aboard his Boate to carry it to
M' Ludlowes where hee endeavoured to put it a shoare into
M"^ Ludlowes Storehouse, W^'' being full as M'' Ludlowe --
informed him, hee not knoweing howe otherwise to dispose
thereof and the winde comeing faire for Maryland hee was
forced to bring the said Tobacco along with him to his dwelling
House or plantacon where it hath beene ever since ready for
the plte But the plte alleadging he can bring proofe that M'
Ludlowe would haue taken the Tobacco into the Store and
that hee never tould the def' his Store 1 louse was full. And
the defend' agreeing vppon this proofe made to give the plte
satisfaccon for the whole debt being 28' of Tob: aboue the
three hh''* It is therevppon ordered that in case the plte
procure the said 3'''"'' of Tobacco to bee veiwed in the clef'^
Tobacco House by two or more sufficient men within one
moneth (wherein the def' is to assist him) and accept of soe
much of the said three Hosfsheads as the said Vciwers shall
66 Court and Testamentary Btisiness, 1649-50.
adiudg to bee merchantable together with the said twenty
eight pounds of Tobacco overpkis w^*" the def is nowe ordered
to pay vnto him. In case the said three Hogsheads of Tobacco
shall not prove to bee all merchantable This Court vppon
the pkcs pduceing of the proofe before menconed will order
that the defend' shall pay vnto the plte soe much Tobacco in
Caskc as the said Veiwers shall finde to bee vnmerchantable
of the said three hogsheads
Richard liennctt Esqr plte Thomas ) VppOn reading of the
Copley Esqr and Kaph Crouch gent def>s f former Order and the pltes
oath and vppon full hearinge of what could bee alleadged on
both sides It is ordered that the defend' M' Copley appearing
and answering for the other defend' M"^ Crouch shall pay vnto
the plaintiffe the Principall debt complayned for being Eleaven
hundred thirty and diree pounds of Tobacco and Caske
Richard Nevittpitei The hearing of this Cause is respited till
Walter Pakes deft / jj^g ,-,gj^j Court and Johu Sliugsby whom the
matter concerneth is then to appeare vppon warrant,
• debts due to Richard Bennett merchant in the Province
of Maryland viz:
W Copley by Bill and Accompt with Interest & Caske 181 1'
Willm Cooke & James Colclough for 1 3 gall yd of sack \ 405
at 30' -p gallon is 405' & Caske about this there is a l
Notc of W" Cookes )
John Medley due to M' Mottram and assigned by him 1
to M' Chaddock for my vse, M' Chaddock spoke to I
Medley about it and hee pmised him paym' of the | '
debt & Cask & 650 Interest 50' J
M' Lcwgcrs Houses and whatsoever else of his can bee
found that hath beene made over to mee. All w''' together with
the debts abouemenconed I desire M"^ Thomas Hatton to
recover and to dispose of for my vse And I doe hereby give
him full power and authority soe to doe binding myself to
ratify & confirme whatsoever the said M' Hatton or any other
person deputed by him shall doe or cause to bee done in or
about the p'misses Witnes my hand the 25''' day of May 1650
Richard Bennett
In p'sence of WiHm Parker John Bennett
These are to testify that I doe hereby convey and make over
vnto M' John Lewger the yonger all my right tide and Interest
to that House and land at S' Maries belonging to his ffather
and by him assigned to mee in satisfaccon or towards paym' of
a debt due as also all my right & Interest to any other estate
Court and Testamentary Business, 1649-50. 67
of his ffathers \v^'' hath beene made over to mee as aforesaid Liber a.
And doe hereby give him the said M' John Lewger the yonger
full power & authority to take possesse & dispose of the same
and every part thereof to the best advantage with the advise
and consent of AP Thomas Hatton Ratifyeing & confirming
what hee shall doe in or about the p'misses with the privity
advise & consent of M' Hatton aforesaid for good & effectuall
In witnes whereof I haue herevnto sett my hand the 28"' day
of August 1650 Richard Bennett
In p'sence of Mathewe Stone.
Richard Bennett merchant sworne & examined the
28"' of August 1650. Saith
That M' Copley about two or three yeares past sent to the
depon' for certaine goods. W^*" were delivered vppon this
Agreem' That if the depon' did like of some Tobacco that lay
neere to Cap' Burbage his Plantacon hee should receive it But
if hee did not approve thereof when hee had opportunity to
goe that way to looke after it, that then M' Copley should pay
him at the next Cropp followeing in or about Nansinum River.
This depon' enquiring after the same according to Agreem'
three or fower dayes after or thereabouts was tould by one
John Piper and another man or two in whose house the
Tobacco lay and who said they knewe well what the Tobacco
was, that the same was rotten & decayed long before. And
not long after about three weekes or a moneth or thereabouts
the depon' went to the House of Cap' Burbage intending to
goe to see the said Tobacco But the said Cap' Burbage and
his wife tould him, that they knewe and had Jieard soe much
concerning that Tobacco, that they were certaine hee should
loose my labour, And that m' Copley either knewe or had
heard soe much long before. Vppon all w""'' Relacons & infor-
macons at severall times and by severall persons not intercssed
therein, this depon' gave over to look after or meddle any more
about it And hee further deposeth that hee never had nor
received nor made vse of one pound or leafe thereof Neither
did hee this depon' make any other promise or Agreem' but
this or to this purpose But onely a Bill taken & accepted for
paym' of the Tobacco Richard Bennett
Jurat die & Anno Sup\lict coram me
W"" Stone
Whereas some differences haue lately arisen betweene Cap'
WiHm Mitchell and M^ Thomas Hatton his Lo''"^ Secretary
concerning his the said M' Hattons late boarding and enter-
tainem' of the said Ca[)' Mitchells servants and the alloweance
demanded for the same & otherwise The said parties are p. 393,
68 Court and Testamentary Business, 1649-50.
Liber A. vnaiiimously agreed to refcrr all matters in difference betwixt
them to the finall determinacon of M' Cuthbert ffenwick &
Barnaby Jackson Arbitrators by them indifferently chosen for
that purpose And doe severally binde themselues one to the
other in ten thousand pounds of Tobacco a peice to stand to
abide & perform such Award or Arbitram' therein as they the
said Arbitrators shall make Provided the same bee made and
published before the fifteenth day of this p'sent Moneth. And
the said Parties are further likewise agreed That aswell the
said Award (if made) as also this p-^sent Ingagem' shalbe
recorded in the Secretaries Office of this Province to remayne
there as a Judgm' against the discenting party without any
further suite or Order therevppon Witnes the said Cap' W"
Mitchell his hand this sixt day of december 1650
W" Mitchell
In the p'sence of Cuthbt ffenwick, Barnaby Jackson
The Arbitrators is agreed as followeth
(Tor 31 weekes at his owne Table at 42' p weeke
for 42 weekes at his servants table at 20' -p weeke
for Houseroome Poultry Candles & Canowe
for wine consented to bee allowed w'-"'' is
This is our Award as witnes our hands this tenth of december
1650
Cuthbt ffenwick Barnaby Jackson
Vppon the mocon of M' Tho: Hatton his Lopp' secretary (in
the p'sence of Cap' WiHm Mitchell) to haue the opinion of the
Court touching a certainc paper writing (last before recorded)
whedier an Award or not, the Court tooke the same into con-
sideracon and had some debate therevppon but noe deter-
minate order was this day published herein
Walter Wnteriing pite ■) ^^ '^ ^'^^'^ '^^^ Ordered in the p'sence of
John iintch & ai Execs of \ both parties to this suite that the def"
Tho: Allen deceased defu J ^j^^j, ^^.^^ ^^^^ ^j^^ Complte tWO hundred
and thirtj' Pounds of Tobacco and Caske the Remainder
vnpaid of 530' Tob due by Bill out of the deceadents estate.
At a Court held at S' ) Present f The Governor Thomas Greene
Maries 11° die ffebr [ | Esq' Thomas Gerrartl Esq' Cap'
1650 J \ John Price Cap' Wilhii Mitchell
I M' John Pile M' William Eltonhead
IM'Tho: Hatton
Vppon mocon made into this Court by his Lo^p^ Secretary
M' Thomas Hatton in the presence of Cap' Wittm Mitchell
Court and Testamentary Business, 1649-50. 69
and vppon pduceing an Agreem' of References of all differ- L'l'er -
ences therein expressed betweene him the said M' Hatton and
the said Cap' Mitchell to the Arbitracon of M"^ Cuthbert ffen-
wick and Barnaby Jackson dated the sixt of december last
wherein the said parties bound themselues each to the other
for performance of such Award as the said Arbitrators should
make herein. And vppon ijvsall of a certaine paper Writing
subscribed by the said Arbitrators dated the tenth of the same
moneth and menconed to bee an Award, The said M' Hatton
desireing the opinion of the Court whether an Award or not
in respect there were no parties named therein nor any thing
awarded to bee paid nor noe end put to any difference This
Court conceiving, albeit there was some want of forme in the
said paper writing Yet that the Arbitrators did really intend
the same to bee theire finall Award and determinacon touching
the said M' Hattons alloweance for the dyeting and enter-
tainem' of the said Cap' Mitchells servants at his House and
the other charges menconed in an Accompt then brought vnto
them by the said M' Hatton, And vppon the said Arbitrators
oathes taken in Court. That to the best of theire consciences
without favour or malice they arbitrated the busines in dispute
betweene M' Hatton and Cap' Mitchell as they delivered vnder
theire hands. And vppon full hearinge What could bee
alleadged on both sides This Court doth adiudge and declare
the same to bee a finall Award & determinacon touching the
said M"' Hattons said alloweance menconed in his said Ac-
compt And that the said Cap' Mitchell ought forthwith to pay
to the said M' Hatton the Two thousand five hundred and
seaventy pounds of Tobacco with Caske dierein menconed
And that vppon the said Cap' Mitchells refusall or delay of
paym' thereof, the said M' Hatton may (if hee thinke fitt) take
forth Execucon for the same According to the reall intencon
(as is conceived by this Court) bodi of the said Agreem' of
Reference and Award, And for a firme and full end of all the
said differences, this Court doth Order that the said M'^ Hatton
being satisfied said Two thousand five hundred and seaventy p. 394
pounds of Tobacco and Caske noe further advantage shall at
any time bee taken by either party vppon the said Agreement
of Reference or Bond or any thing therein conteyned.
Kxecuc inde ad satisfac 21° ffcbr.
n
The def maketh oath that hee onely
lad and received of the Complte t^vo
hogsheads of Tobacco weighing six hundred forty and three
pounds Nete and noe more
Georg Manners pit
Thomas Warr dcf
The Compltes suite being for tweluc hun-
dred pounds of Tobacco in Caske due by Bill
yo Couri and Testamentary Business, 1649-50.
Liber A. The defend' acknowledgeth die debt It is therefore ordered
that the defendant shall forthwith pay vnto the Complte
Twelue hundred pounds of Tobacco in Caske.
John Lcwger gent Compile 1 The pltCS SUlte being for TwO thou-
Henry ffoxe defendt / sand pounds of Tobacco and Cask in
part of ffive thousand pounds of Tobacco and Caske being the
Consideracon vppon the defendants late purchase of the Man-
nor of S' [ohns W'''' two thousand pounds of Tobacco was
payable this Cropp and the other three thousand the next
Cropi) according to Agreem' vppon the purchase And the
defendant acknowledging the said Agreem' prayed that hee
might bee settled in the possession of the said Manner
accordingly with the consent of M' Thomas Hatton his Lo^'p^
Secretary being Attorney of Richard Bennett Esq' who claymed
some estate therein from John Lewger Esq' ffather of the
Compke And the said M' Hatton declaring in open Court
that hee was content the defend' should enioy his purchase
Provided that the one half of the Tobacco payable for the same
were duely paid vnto the said M' Bennett or to him the said
M' Hatton for the said M' Bennetts vse according to Agreem'
betwixt him the said M' Bennett and the Complte. It is there-
fore ordered by and with the consent of the said M' Thomas
Hatton that the said defendant paying vnto him the said M'
Hatton for the vse of Richard Bennett Esq' and to the Com-
plte the said ffive thousand pounds of Tobacco and Caske viz:
to either of them one thousand weight thereof a peice forth-
with and fifteene hundred pounds weight thereof to each of
them the next Cropp with Caske That then hee the said defen-
dant shall quietly and peaceably haue hold and enioy the said
Manner of S' Johns to him his heires and Assignes for ever
against the said John Lewger the ffather, John Lewger the
Sonne and the said Richard Bennett and all persons clayming
by from or vndcr them or any of them.
This p'sents ' witnesserii that I John Lewger Junior doe
hereby alienate and sell vnto Henry ffox or his Assignes one
Mannor called by the name of S' Johns in S' Georges River
with all the Houseing and tenem" herevnto belonging in as
full and ample Manner as it doth belong to mee by Assignem'
from my ffather and M' Richard Bennett And I doe further
hereby warrant the Sale against any that shall lay any iust
clayme against the said Land and Houseing thereto belonging
And I the said John Lewger doe hereby binde my self to give
possession vnto Henry ffox vppon the ffeast of S' Thomas day
next being the 21"' of december next Witnes my hand this
second of November 1650
John Lewger
Teste Phillipp Land, Henry Adams, Barnaby Jackson
Coiirt and Testamentary Business, 1649-50. 71
And further I the said John Lewger doe hereby binde my Liber a
self to save and keepe harmeles the said Henry ffox from any
Arrears of Rent that doth belong for to pay for the land I sold
that is aboue menconed
John Lewger
Teste Phillipp Land.
Vppon the mocon of John Hatch for an allowance for the
replevying of M' Eures Cattell some 4 yeares since hee being
then Sheriffe and noe setried ffee in such Case. It is ordered
that M'" Margarett Brent p''sent in Court who imployed him
therein shall pay vnto the said John Hatch fififty pounds of
Tobacco for his ffee for that Imploym'
Thomas Gerrard Esqr pite") The Complte being Assignee of Ar- p- 395
Benjamin Gill Attorney I thur Whalc sues for five hundred pounds
ofmr James Neale defend.) ^f 'p^b_ ^,^j (^^^j^^ ^^^^ ^^^ Barrdls of
Corne due by Bill from M' Neale to the said Whale 10
decembr 1644 with damages And being Administrator of John
Wortley sues for Three thousand three hundred twenty and
three pounds of Tobacco and Caske p Accompt And as
touching the debt to Wordey the defend' acknowledgeth M'
Neale owed him thirteen hundred eighty three pounds of
Tobacco and Caske And there being noe date to the Accompt
produced by the plte vnder M' Neales hand nor any certaine
ground therein appearing to charge the same vppon the said
M' Neales Estate This Court thinks fitt to sett aside the said
Accompt, and doth order that the plte shalbc satisfied the said
thirteene hundred eighty three pounds of Tobacco and Caske
out of M' Neales Estate. And as touching the said 500' Tobacco
and Caske and five barrells of Corne due by bill as aforesaid.
Vppon the defend" mocon (who alleadged hee knewe not any
thing of the busines) hee is allowed tyme till the first Court
after Easter next to make what proofe hee can touching the
paym' thereof or in default of such proofe by that tyme the
plte is also to bee satisfied the said principal debt due vppon
the said Bill out of the said M' Neales Estate.
> ffenwick plte I The pltes suit is for fower hundred and
Howell dcfendt I eighty pounds of Tobacco -p Bill and one
hundred p AccomiJt due from the defend' to M' Mottram w'''
the plte alleadgeth hee paid to M' Mottram for tlie defend' at
his request and promise of satisfaccon. And the defend' con-
fessing soe much desired liberty to discompt three hundred
and nynety pounds of Tobacco w*^'' hee alleadged the said W
Mottram owed to the estate of Roger Oliver by Accompt
pduced And the plte offering in case the defend' could make
72
Court and Testatneniary Business, 1649-50.
her A. o-ood tlic sa'id Accompt hec would satisfy the same to the
defend' as soone as he could heare from M' Mottram con-
cerning that busines It is therevpon ordered that the defend'
shall pay vnto the plte the said five hundred and eighty pounds
of Tobacco by him paid to M' Mottram as aforesaid and the
Bill to bee cancelled and made voide.
cuthbert ffenwick pite 1 The plte sues for fourteene hundred
Thomas Warr defendt / ^ud uyne pounds of Tobacco and Caske
remayning due vppon a Bill of fifteene hundred pounds of
Tobacco. The defend' confessing the Bill and noe proofe
being made of further paym' It is ordered that the defendant
shall pay the said fourteene hundred and nyne pounds of
Tobacco and Caske to the plte And vppon paym' thereof the
Judgm' formerly entred by Tho. Ashbrooke the Principall to
bee vacated
The Bill is cancelled
William Eitonhead gent Attorney, The pltes suite being for three
of M' Kdwyn Conoway plte \ hundred and fifty pounds of To-
Marty Kirke defend. ) ^^^^^ ^ p^jl ^,^^ f^j.^^, pouuds of
Tobacco "ji Accompt And the defend' confessing the debt
It is ordered that hee the said defend' shall pay vnto the said
mr Connoway or to M' Eltonhead for his vse Three hundred
and nyncty pounds of Tobacco and Caske
At a Court held at S' I p'sent ( The Governor Thomas Gerrard Esq'
Maries the 12"' of I \
ffebruary 1650 J ) Cap' John Price Cap' Willm Mitchell
[M' Willm Eltonhead M' Secretary
James Lindesey plte I Hie pltes Suite being for Three hundred
liarthoi: Phiiiippsdcft; pounds of Tobacco and Caske payable by
Bill in November 1649 The Court being informed that the
defend' by reason hec was disabled to travell could not attend
the hearing and that in that respect hee prayed a Reference till
the next Court It is therefore ordered that vnles the defend'
shall by himself or his Attorney at the next Court shewe good
Cause to die contrary hee shall pay vnto the plte the said
Three hundred pounds of Tobacco and Caske
Phiiiipp Land plte 1 vppon the entring into the hearing of this
Thomas Warr deft ] Causc. The pltes suitc being to bee releivcd
for breach of Coven="nt about the building of a House & dam-
ages The defend' acknowledgeth the Covenant, but saith the
pfte was to bring Timber w"^'' the plte neglecting to provide
and Nayles as hee agreed hee the defend' was not onely dis-
p. 396 abled to performe the worke but also much dampnified [by the
plaintiffes] delay therein and produced his proofe.
Court and Testamentary Bztsiness, 1649-50. 73
Richard Browne sworne & examined in open Court [the ^^^"
same] day Saith
That hee was vvitnes to the Agreem' made the 19''' of
November [1649. And] that Thomas Warr tooke him this
depon' for his Paymaster [for 350' of] Tob: and Caske being
the consideracon for the worke in the A[greem' mentioned]
and therevpon acknowledged the Receipt thereof in the said
Agre[em' And that] vppon the making of the said Agreem'
Thomas Warr finding fau[lt with M'] Phillipp Land for the
time hee had formerly lost for want of T[imber desired] there
■ might bee noe further delay therein Wherevppon the said
rM"^ Land] Replyed hee should not stay any longer for the
Timber And fur[ther saith] not.
The deposicon of Paul Simpson aged 60. yearesor thereabouts
WiHm Bretton this 24"' of September 1650
This deponent saith that sometyme this last Somer comeing
to Raphe Beanes House with one M' Budd, comeing
through the Plantacon, this M' Budd questioned with at
worke in the said Beanes Plantacon (being a weeding) and
demanded what ( hee was and the like, Afterwards
they both comeing into the House, this man fo time after,
and the Mayde giving him to eate, hee would eate nothing but
a little and then goeing into the Loft, brought downe a
Tray of Corne, and shelled it flower, and iesting with the
Mayd hee tould her that hee was Madd in his head after
this Raph Beane called the Man bidding him to goe Mall some
Timber in the woods. And about two houres after Raph Beane
came in againe into the House, and toold this depon' and M'
Budd that his Man was fallen very sick, desiring them to goe
looke on him, saying that hee still sett the Wedges contrary
wise in the Timber and [complained] much of his Head.
Wherevpon comeing to the Man they found him gro[veling
on the] Timber and ratling in the Throate, and not knoweing
conveniently ho[w to carry him] off, they willed Raph Beane
to fetch a Chayre, w'^'' hee did, and p[utting him there the]
man still remayned rading in the throate and drabling at the
Mou[th, And as they] were carrying him to the House, the
said Man fetched a great groane, an[d dyed in the Chaire]
ffurther this depon' saith being examined, that hee sawe noe
blood abo[ut him or any] blowe or harme .or any outward
appearance occasioning his death, but [that hee verily]
believeth that hee dyed of some imposthumc or appoplexey
And further hee [deposeth not] Paul Simpson
Jurat coram me WiHo Bretton
According to the direccon of an Order of this Court of
the eight of Janu[ary last, The] Jurors formerly empannelled
74 Court and Testatnentary Business, 1649-50.
Liber A. to enquire and findc concerning the death and pr[ivate buriall
of] Raphe Loe servant to Raphe Beane, having mett accord-
ingly gave in the [ire Verdict this] day in writing vnder theire
hands in these words foUoweing viz:
January the 18''' Anno 1650. Wee whose names are here
subscribed being [Jurors concerning] the death of Raph
I)eanes Man (by name Raphe Loe) Cannot finde eidier by
tes[timony or other] ajjpearance the said Raph Beane to bee
any wise accessary to the said Loe his death [As] witnes our
hands.
Test
Willni Nevvgent Thomas Bushell Willm Edwyn xpofer Russell
Arthur Turner Willm Smoote James Lindesey Willm Brough
Owen James Robert Cager Niche Cawseene Humfry Atwicks
Vppon w*'*' Verdict and Evidence the Court being satisfied
dischargcth Raphe [Beane] as not any wayes guilty of the death
of Rai)he Lowe his servant. But in regard hee gave occasion of
die Charge ensueing therevppon by his private and Suddayne
buriall of him dyeing suddenly It is ordered that hee the said
Raphe Beane shall satisfy the same, being as followeth viz:
To the Chirurgeons Widowe or Administratrix nowe the
wife of Thomas Bushell One thousand pounds of Tobacco and
Caske. To the Sheriffe for his Coroners ffee Two hundred
pounds of Tob: and Caske, and for impannelling the Jury &
Somoninge Witnes Three hundred pounds of Tob: & Caske,
And all Court charges.
i). 397 Mary the wife of [ffrancis] Vanenden sworne & examined
n Lib. z. i,^ op^„ Court the 21"' of March 1650 Saith
That in the time of M' Lands sicknes in or about January
was a tweluemoneth as shee taketh it, the said M"^ Land being
then Sheriffe sent for Georg Manners to come to him who
came accordingly And M' Land in thisdepon'" hearing desired
him to doe some busines for him about the Sheriffes Office
and delivered to him certaine pajjers (concerning that ymploym'
as shee then conceived) And the said Georg Manners requiring
some Note or deputacon vnder his hand The said M' Land
made Answere what needed that, hee could Imploy whom hee
pleased dierein without any such note or writing vnder his
hand, or to that effect to this depon'^ best remembrance And
further deposeth not
John dandy pite ■> According to the direccon of an order
„ Lib. z. ^"'^ Manners deft/ ^lade yesterday betweene Paul Simpson plte
and John dandy defend' Georg Manners the nowe def'pduced
the tesdmonies of ffrancis Vanenden and his wife, whereby it
Court and Testaynenfary Business, 1649-50. 75
appeareth that M' Land in his sicknes ymployed him the said ^^''^^ a.
Manners in the Sheriffes busines not giving him any depu-
tacon in writing But it appearing to this Court that the Attachm'
in the said Order menconcd was by tlie said Manners in his
owne Cause executed vppon the two hogsheads of Tobacco
as belonging to Paull Simpson, after the said M' Land had by
writing vnder his hand made L' Nichas Gwither his deputy
Sherift'e. And that the said Tobacco as was adiudged by the
order Yesterday was not Paul Simpsons but the now Com-
piles John dandies. W'' the said Manners had hee beene law-
fully authorized for the serving of the said Attachm' ought at
his pill to haue taken notice of. Yet before any Tryall
touching the same (as hee now confessed had caused the
same to bee taken vppon an Execucon in his owne custody
and disposed thereof. It is therefore ordered that the said
nowe defend'. Georg Manners shall pay vnto the nowe Com-
pile John dandy the six hundred pounds of Tobacco and Caske
by him attached and the three liundred pounds of Tobacco and
Caske for damages and all Costs and charges menconed in tliat
Order together with the Court charges in this suite
The Court being ready to rise The Governor appointed L'
Nichas Gwither to bee Sheriffe of the County of S' Maries for
the yeare nowe next ensueing 1651 promising soe farr as it
shalbe in his power that M' Phillipp Land shalbe appointed
Sheriffe of the same County for the yeare 1652. And appoints
the next Provinciall Court to bee held the twentieth day of
June next
At a Court held at S'") p'sent The Governor, Thomas Gerrard Esq'
Maries octavo > W Tho: Hatton, Cap' Robt Vaiighan
Marcij Anno 1650 ) & M' WiUm EUonhead
Vppon the humble Peticon of Susan Porter of the Isle of
Kent widowe expressing therein her poverty and praying that
shee might bee allowed out of the estate of W"' Porter her
deceased husband her Bedd, bedclothes Pott Kettle her owne
wearing apparrell and three barrells of Corne for one yeares
pvision towards her maintenance and that hee p'misses might
not bee lyable for the satisfaccon of any of the decedents debts
It is therefore vpon considcracon being had of the said Peticon
ordered accordingly
ffinis huius Lihri
76 Court and Tesfamettiary Business, 1649-50.
i-ii'er B. At a Court held at S' Maries 19"' May 1651.
p. 172
present j W"' Stone Esq Governor
] Thomas Hatton Gent Secretary
Upon the humble Motion of Benjamine Gill Attorney of M'
James Nealc Informing that he had been at great charges
abont the Said.M' Neales Land in paym' of Arrear Rent and
otherwise and desireing he might have the Said Land in extent
for his Satisfaction, It is thereupon Ordered that upon his the
Said M"^ Gills produceing an account of the charges aforesaid to
be allowed of by the Court an extent Shall be granted him for
his Satisfaction as is desired.
Att a Court held at S' Maries the 20""
day of June 1651.
( The Governor
Present | Robert Brooke Esq
■{ Thomas Gerrard Esq
I Cap' John Price
l^ M"' Thomas Hatton Secretary
Lieuten' William Lewis acknowledgeth himself to owe unto
ffriendship Tongue Seven hundred and Sixty pounds of To-
bacco and Cask payable by bill in Some Convenient place in
S' George's River upon the 20"' day of November last and
Confessed! a Judgment for the Said debt together with Court
Charges thereupon and Consideration for forbearance till the
next Cropp being in the whole eight hundred Seventy nine
pounds of Tobacco and Caske Wittness his hand W'" Lewis
20"' Junij 1 65 1
25 Nov px execut inde con Stat ad Satisfaciend.
Lieuten' William Lewis acknowledgeth Confesseth himself
to owe unto Robert Kager Eight hundred pounds of Tobacco
and Caske and Six hundred of Nails upon two Several bills,
and acknowledgeth a Judgment for the Said debt with 16' To-
bacco Charges of Court
Wittness his hand 20 Junij 1651 W^'" Lewis
25'° No. px execuconc inde con Stat ad Satisfaciend.
Lieuten' William Lewis acknowledgeth a Judgment to
George Manners for Six hundred pounds of Tobacco and
Caske and fifty four pounds of Tobacco for Charges of Court
Wittness his hand 20 Junij 1651 - 'w™ Lewis
Court and Testamentary Business, 1649-50. 77
Thomas Hamper acknowledgeth himselfe to owe unto Liber
Walter Beane Six hundred pounds of Tobacco and caske and
for better Security of payment thereof at or by the tenth of
November next doth Mortgage and make over to him the Said
Walter Beane his whole Cropp and other Estate whatsoever as
Wittness his hand this 20"' day of June 1651
Thomas Hamper x Mark
Testor Tho. Hatton
Upon the motion of Walter Beane and Walter Pakes who
by Order of the 29"' of December 1648 had been Admitted to
the Administration of the Estate of VV'" Smithfield deced and
upon produceing their account upon Oath formerly taken
whereby it appeared that they had fully Administred And
nothing being objected to the Contrary albeit publick procla-
mation was this day made in open Court It is Ordered that the
Said Walter Beane and Walter Pakes Shall have their Quietus p- '74
est touching the Said Estate
ffrancis Brook pit -, Upon Reading of a former Order
Mrs Margarett Brent I made in this Cause the 20'*" of March
Attorn of Cap. Giles Brent Def.j j^^^ ^^^ ^p ^ Certificate Under the
hand of Captain Robert Vaughan one of the Councell here-
under recited and produced by the P" It appearing that the
hearing was formerly respited for want of proof on the P"s
part This Court thinks fit (notwithstanding the Def'" absence
and doth Order that Giles Brent Esq or the Def' on his behalf
Shall pay unto the !>" five hundred pounds of Tobacco and
Cask for hire of the boat in question
27° Junij Execuco inde ad Satisfaciend.
ad execuco ad Satisfaciend to January 1652
This 3'' of Aprill 1651 : I Robert Vaughan Gent do testifie
upon my Oath that at Such time as Governor Calvert came
last out of England to S' Maries Cap' Giles Brent then liveing
upon Kent went down to S' Maries in ffrancis Brookes's Shal-
lop, and that I heard Cap' Brent Say that he would give the
Said Brookes Satisfaction for the Same;, And further I cannot
Say Wittness my hand Rob' Vaughan
Jurat coram me Tho Hatton
Upon Henry Morgan's Petition this day Exhibited by ffrancis
Brookes his Attorney to be relieved for certain ffees and
Charges due to him who was then Sherriff of Kent by the Im-
prisonment of Thomas Bradnox for ffelony who was acquitted
thereof upon the tryal as was alleadged, And the Question
being from whome the Said ffees and Charges are due, This
yS Cotirt and Testamentary Business, 1649-50.
Liber B. Court IS clcaHy of opinion and doth Order that Tliomas Brad-
nox the Prisoner Shall pay Such ffees and charges belonging
to the Sherriff to be moderated and allowed of by the Com-
mander and Comissioners at Kent as were duly incurred By
p. ,75 reason of his Said Imprisonment, And he to be at liberty to
Seek his relief against the prosecutor being quitted upon the
Tryall.
I Henry Morgan doe Constitute and Ordain Francis Brookes
my Lawfull Attorney to all effects & purposes whatsoever as
if I were personally present in a Suit depending between M'
Giles Brent and Thomas Bradnox to recover charge against
the Attorney of M"^ Giles Brent or any other person whome
the Court shall conceive the charge to be due from, and what
my Attorney Shall doe I doe by these presents ratify and con-
firme Wittness my hand —
The mark of Menry Morgan
Wittness Walter Smith
s • 1 I, •^ ^ '^^ p" preferred his Peticon this day
capt wm^Mitciieii hy y unto this Court thereby Setting forth,
Mr cuthbt ffenwick his f Th^t by the Serious invitacon and per-
Attorney Defdt I • r ^i t-> r i, i i • r -^i
^ swasion of the Uefd' and upon his faith-
full promise and agreement to make fitt and Compleat provi-
sion for the Complayn'^ voyage hither Stay, and return at
pleasure without any charge to the P' as by a Letter under the
Defd"own hands appeared he the Complayn' was drawn from
his dwelling house in Bedfordshire in the Kingdom of Eng-
land to London, and from thence to adventure himself for these
parts, And that upon the like perswasions and promise of Sat-
isfaction, he the Complayn' disbursed and laid out in Netts and
Otherwise for the Defd" use 23' Sterling besides his great
charge and trouble in travell and otherwise to the Value of
about 5' Sterling. And that upon the Defd" further perswa-
sion, and faithfull promise upon his honour and reputation ex-
pressed in his Said Letter, The p'' was further also drawn to
adventure for these parts divers goods and houshold Stuff to
the value of 50' Sterling, as by a particular account thereof ap-
l^eared, which goods the Complayn' (not any ways distrusting
p. 176 the Defd'^ fair and honest dealing) Suffered to be Shipped on
his the Defd'" account, And that now the Defd' contrary to his
s"" promises and agreements, did not only deny to allow the
Comp" competent Maintainance here or to pay for his passage
for England but likewise detaineth from him the Said goods
and houshold stuff and refuseth to give him Satisfaction for
the Said Netts & other disbursments to the p'" damage of
loooo' Tobacco and Cask in value, he being an aged man, and
Cotirt and Testamentary Btcsiness, 1649-50. 79
not able by his Labours to maintain himself, but is like to ^iber b.
perish in these fforreign parts, unless by this Court he may be
relieved in the premisses, Upon the reading of which Peticon
the Defd" Attorney in regard of the Defd" absence moved
that the hearing of the Cause might be respited till the Defd"
return, or that he might receive further Instructions from him,
and offered to be answerable to the Order upon hearing out of
his own Estate to the Value of loooo' Tobacco if the Defd"
Estate in his hands Should not amount to be Sufficient for dis-
charge of what Should happen to be recovered. It is there-
fore upon his the Said M' Cuthb* ffenwick's motion and offer
afores'' Ordered, that the further hearing of this Cause be
respited till the next Provinciall Court, to be held ' for this
County of S' Maries after Christmass next at the furthest, and
then this Cause is to proceed to hearing preremptorily, but if
the Defd" return be Sooner then till the next Court after Such
his return. And that M' Cuthbert ffenwick the Defd" Attorney
Shall be lyable to Satisfie Such Order or Judgm' out of his
own Estate to the value afores** (in Case the Defd'^ Estate fall
Short thereof, as the Court Shall grant on the p'" behalf in
this Cause, And in the meantime the p'' is at liberty to examine
what wittnesses he Shall think fit in the Seretary's Office,
where the Defd" Attorney may Cross examine any of them if
he thinks fitt.
ffrancis Brookes ) ^pon the Motiou of W Cuthbert ffeu- p. 177
and his wife pus j. vvick the Dcfd" Attorney the hearing of
Cap. Willm Mitchell Def j ^j^jg (^^^^^ jg ^^^^^^^^ jiH Qctober Court
next, unless the Defd' return Sooner and then till the next
Court after his return. And then the hearing to proceed prer-
emptorily.
Thomas Ashbrook pit 1 The p''^" Suit being to have an account
Naihanii Hunt Uefdt ] from the Defd' of two hogsheads of To-
bacco which the Defd' had received of the p" for Satisfaction
of 596' Tob, and it appearing to the Court upon reading of
the Defd'- Oath taken in this Cause that he had received 46' of
Tobacco of the p'" more then was due to him, It is therefore
Ordered that the Defd' Shall pay unto the Complayn' the Said
fforty Six pounds of Tobacco and Cask unless he the Said
Defd' Shall, by the last day of this Court Shew good Cause to
the Contrary. There is noe cause Shewed to the contrary
thereof this being the 7"' day of November 1651.
ffrancis Brook Attorney ) '^''^e Compkyn' as Attorney of Henry
of Henry Morgan pit \ Morgan Sucs to be relieved for 300' of
John Wade chirurg Deft j Tobacco and Cask or more due p bill
and the Defd' confessed he gave bill but knoweth not of what
8o Court and Testavtentary Business, 1649-50.
Liber B. yj^AuG And Saitli the Bill was entred to gain his liberty being
under restraint in the Custody of the P' Henry Morgan then
Sherriff of Kent upon an unjust occasion as he conceives, but
not being as yet able to Satisfie the Court by any proof to
relieve him against the Bill notwithstanding the hearing was
respited by order in March Last, yet offereth to pay the To-
bacco due upon the Bill when it Shall be produced or proof
made thereof (the Bill being missing it is therefore Ord'^ th' the
Def' Shall pay unto the Comp" Morgan or his P Atfy so much
Tob^ as he gave Bill for it Shall be pduced or proofe made
thereof) And he is left at liberty to prosecute ag' the Said
Morgan for any prejudice he hath Sustained by any Miscar-
riage touching the Said restraint or imprisonment
The Coniplayn" Attorney moved to have
the hearing respited till the next Court in
regard he wanted his proofs as yet. And the Defd' being
present in Court agreed thereunto Soe as he might be Satisfied
for his loss of time and damages It is therefore Ordered that
the hearing be respited till next Court, and then the p'' is to
produce his proofs, preremptorily or the Court will then pro-
ceed to give the Defd' Such reliefe as Shall be fitt
The Same Court Continued -p Adjournm'
21° Junij
'Ihe Governor Robert Brook Esq
Thomas Gerrard Esq ]\P Secretary
Upon the humble motion of M's Susan Warren (who upon
Oath voluntarily taken in open Court Confessed herself to be
with Child by Cap' W'" Mitchill) that She might be allowed
Maintenance and accomodation out of the SaidCap' Mitchell's
Estate fitting and Convenient for her in the Case She is in,
and according to the rank and quality She came into the Prov-
ince, It is therefore Ordered that M' Cuthbert ffenwick Cap'
Mitchell's Attorney, Shall cause fitting provision and mainte-
nance of Dyett apparell lodgeing and attendance to be allowed
her both untill & during the time of her Child bearing and
afterwards till the Court Shall think fitt to make further Order
therein ffor which he the Said M^ ffenwick Shall have allowance
out of the Said Cap" Mitchell's Estate, And in Case the S" M'
ffenwick Shall happen to make defalt herein, upon Complaint
and proof made in the Secretaries office. It Shall be Lawfull
for the Sherriff of the County of S' Maries by warrant from the
Governor to Seize or take into his possession any part of the
Said Cap' Mitchell's Estate within the Said County Sufficient
for the purpose aforesaid and to make Sale thereof after
Court and Testamentary Business, 1649-50. 8t
appraism' or imploy the Same for the maintenance of her the '^'''^"^ i^-
s'' NPs Warren as before is Expressed.
The Court this day gave direction to his Lordps Secretary to p- >79
examine Wittnesses touching Cap" Mitchell's administring of
Phisick to M'^s Warren being with Child, that the Court May
receive right Information therein.
Mr cuthbert ffenwick pn | Upon the p'" motion It is Ordered,
joimNun., Defdt ) that the Order made in this Cause the
^o"" of March last be renewed to all intents and purposes for
the next Court to be held die 20"' of October next or at any
time afterwards
The Complain' Sueth to be relieved for
1 2 barrells of Corne Rent and his damage
2500' Tob value, and for a frameing Sawe valued at 100' Tobo,
and for 800' Tobacco for a boat Sent by the p" and not deliv-
ered, and for 2000' of Tobacco as he can make appear upon
account which by the award of Thomas Copley Esq to whome
the matter was referred as the p" alleadged was to have been
paid unto him the Defd' To which demand of the Comp'' the
Defd' by his Answer pleads a former Judgment of Court of
the 5"" of January 1647 whereby all the p'" demand was deter-
mined Saving the 1 2 barrells of Corn the Sawe and the
Boate, And as touching the demand concerning the boat the
Defend' denyeth the Charge, but Confesseth he had a Saw of
the p'' and for the Rent Corne which the Complayn' claimeth
as due to him for a Tenement for four years at 3 barrells Rent
p annu The Defd' acknowledgeth to have held a Plantation
of the p" by a verbal agreement one year only and a Tennant
of his Some part of the plantation two years for which the Said
Tennant paid to the Complayn' two barrells of corn he being
himself forced out of the Province by the late troubles in
regard whereof he hoped the Court would not Compell him to
pay rent for the time he could not make use of the Plantation,
alleading that the whole time he and his Tennant held the
Plantation was but three years and That the whole Rent was p. iSo
but 2 barrells p annu But the Complaynant Saith the Rent
was 3 barrells yearly and that he enjoyed or might have en-
joyed the Plantation 4 years. Confessed the Tennant paid him
two barrells of Corne for two years for his part of the Planta-
tion And was not able to prove that the Defendant his Ten-
nant enjoyed the Plantation any longer then three years, nor
to prove his demand concerning die boat, not denyeing that
the Defend' was hindred that he could not enjoy the Plantacon
Some part of die time by reason of the late troubles. And the
82 Court and Tcsfamenfary Business, 1649-50.
.iber 15. Court being Satisfied in point of Conscience that Defd' ought
to be abated for the time he could not by reason of the
troubles make use of the Plantacon It is therefore Ordered
that the Defd' Shall pay unto the Complayn' Six barrrels of
corne in full Satisfaction of all rent remaining due for the
Plantacon aforesaid at the Complaynant's house by the first of
August next or in default thereof Six hundred pounds of To-
bacco and Cask in liew of the Said Corne by the tenth of No-
vember next together with one hundred pounds of Tobacco
for the Saw Confessed by the Defd' And die Court not think-
ing it fit to give the p" any release against a former Judgment
Alloweth of the Defd" Said plea and for that and the other
matters Complained for and not proved, dismisseth the Said
Suit.
The Defend' attending upon an arrest and
none appearing to prosecute on the P" behalf,
The Court dismisseth the P''^ Suit for want of prosecucon with
one hundred pounds of Tobacco to be paid by Complaynant
to the Defend' for his attendance trouble and loss of time being
a tradesman.
wn. iiardwich pit •» At the Defd" motion the hearing of this
ffrancis Brookes Defdt / Cause is respited till the next Court.
p- 181 The Court rising the Governor appointed the next Provincial
Court to be held at S' Maries the 20''' day of October next
21 Junij 1 65 1 Lieuten' William Lewis bindeth himself his
heirs Exto's and Adm's to pay unto Paul Simpson his Execu-
tors Administrators or assignes Six thousand three hundred
thirty and nine pounds of Tobacco and Cask principal and
Seven hundred fifty Six pounds of like Tobacco and Cask for
forbearance at i 2' -p Cent upon or before the tenth of November
next, unless he the Said Lewis Shall before that time make
appear in the Secretaries Office that any part Of the Said
6339' Tobacco is paid, and then Soe much as is paid un-
paid thereof with forbearance at the rate aforesaid, together
with all Charges And for better Security of payment thereof
accordingly. He the Said William Lewis doth make over unto
the Said Paul Simpson his whole Cropp of this year both corne
and 'Tobacco to be enjoyed by him the Said Paul Simpson his
heirs Exto's and assignes in Case of non payment of the Said
lobacco's and Cask before mcnconed Wittness his hand the
day and year aforesaid W^'" Lewis
Wittness Thomas Hatton
[ord' p xec inde 21. Jan'^y 1651]
2 1 Janu'y 1651 Certift that notliing made appear
Court and Testamentary Business, 1649-50. 83
August 20° 1651 An Administration is this day granted to i-iijc '
M's Ann Cowper the widow and relict of Walter Cowper
Gent her late husband deceased of all the rights debts goods
and Chattells within this Province late of her Said husband
upon Oath by her taken to exhibit a true Inventary by the first
of January next unless &c, And to keep and make a Just &
true account &c After the usual Manner
Septemb' 26''' M' ffriendship Tongue this day came and
entreth a Caveat that noe Patent be granted to Henry Pountney
of a parcell of Land upon a branch of S' Jeromes Creek till a
tryall in Court
[Oct^ 2^°]
NP John Lawsons Mark for Catde & hoggs Viz' Cropt on
the Left Ear & a hole under the Crop & the right Ear Slit Down
It is this present 29"' day of Aprill 1651 Covenanted and p. 1S2
agreed between M' Henry Howper of the Province of Maryland
planter of the one part and M' Zephaniah Smith of the Same
Province Planter of the Other part as followeth viz: That for
and in Consideration that the Said Henry Howper hath Satis-
fied and paid a debt of 5000' of Tobacco for payment of w'"' he
Stood bound unto the Said Zephaniah Smith and for his debt
to Cap' William Lambe and in respect of the forbearance and
all charges and damages the Said M' Hooper hath been put
unto by reason of his Said Ingagement He the Said Zephaniah
Smith hath and doth hereby sell assigne .... and deliver unto
the Said Henry Hooper half a Shallop w''' half the ropes Sailes
cable grapleing and other things belonging to her menconed
and expressed in a Certain Deed of Covenants made between
Robert Simpkin on the one part and the s"" Zephaniah Smith
on the Other part bearing date the fourdi day of December
last and now valued at 2500' of Tobacco and Cask, as also the
time of Service being Six years from December last as by
Indenture appears of one boy named Robert Knight of about
16 years of age now Servant to the Said Zephaniah Smith and
valued at 2000' of Tob° and Cask and doth also assigne unto
the Said M' Howper 2133' of Tob" and Cask due to him by
two Several bills from Thomas Welds one dated the 1 5"' and
the other the 16"' of this present Month together with the Said
bills, And doth also bind himself, his heirs Executors and
Adm''s to pay unto the Said M"^ Henry Hooper his Exto''s
Adm's and assignes 300' of Merchantable Tobacco and Cask
at the Island of Kent within this Province upon or before the
10''' day of November next, And doth also further bind himself,
his heirs Exto's & Adm's to warrant unto the Said M' Howper
84 Cotcrt and Tesiainentary Business, 1649-50.
'.'■ his Exto's Adm's and assignes half the Said Shallop and appur-
'^■' tenances and the Said Servant boy touching his Said time of
Service and to make good the Said debt of 2103' of To-
bacco and Cask due from the Said Welds against all Just
Claimes In Wittness whereof the Said Zephaniah Smith, hath
hereunto put his hand the day and year first above written :
Testor Tho Hutton Zeph Smith
5 Junij, A heifer about 2 years old and Somewhat more
having her left Ear whole, and the right Ear nearer a crop then
a Swallow taile with a Slitt in the Cropp and a little peece
taken out under the Ear near the root was the fourth of this
Month of June in the dusk of the evening by George Mackall
and Robert Crane M' Wilkinson's 2 Servants with the assist-
ance of the Said M' Wilkinson Conceiveing her to be a heifer
of the Said M"^ Wilkinson's branded upon both horns with
E Vv. and Some part of her right Ear taken off to make it a
perfect Swallow tayle, which was Soe done before they dis-
covered the Notch under the Ear, upon discovery whereof, M'
Wilkinson being doubtfull of Some mistake came this day
himself w'*" his Said 2 Servants who attested as before is
Expressed before the Governor and Secretary and desired
this their declaration might be recorded to the end that if any
one can lay any Just clayme to the Said heifer the alteracon of
the mark af'* may not be any prejudice to the right owner.
This present writeing Wittnesseth that I Benjamine Gill doe
acknowledge my Self to owe unto the Right Honble Cecilius
Lord Baron of Baltemore 1600' of good and Merchantable leaf
Tobacco with Caske in Hew of Sixteen barrells of Corne due
by me to his Lordp, for Rent And doe desire M' Secretary to
cause this my acknowledgm' to be put upon Record as a
Judgment against me for the Said debt as Wittness my hand
this twentieth day of May 165 1.
Wittness John Medcalf Benjamine Gill
^■1 This present writeing Wittnesseth that I Richard Bennett of
Popler hill with the consent and and approbation of John Taylor
and Sarah his wife mother of me the s^ Richard in Liew and
Consideracon of one Cow and Calf by me Sold to his Lordps
Secretary, I\P Thomas Hatton with the* consent and approbation
aforesaid as appears by bill of Sale bearing date herewith which
Cow was formerly by free Gift disposed or intended to be
disposed by the Said Sarah my mother to Sarah Bennett my
daughter and Some of her Increase to other of my Children,
Doe give dispose deliver and Confirm to and to the use of my
Said daughter Sarah her Exto's Adm's and assignes forever
Court and Testamentary Btisiness, 1649-50 85
one Cow about Six years old being Crop't on the left ear and Liber i
the right Swallow forked together with her increase for the
future Saving the first Cowe Calf which Shall happen to fall
which with Consent aforesaid, I doe give to my Son Thomas
Bennett And the Second Cow Calf which with consent afores''
I doe give to my Son Richard Bennett their Exto's Adm's
and assignes forever with warranty against all Just claimes
Wittness my hand this 16"' of Ja'y 1651
In the p'sence of The Mark of R B Richard Bennett
John Tailor : Sarah Tailor Tho: Hatton
This present writeing Wittnesseth, that We Richard Bennett
and John Tailor and Sarah his wife mother of the Said Richard
of Popler hill in the Province of Maryl'' for and in consideracon
of Six hundred pounds of Tobacco & Cask already paid to the
Said Richard Bennett by M' Thomas Hatton his Lordps Sec-
retary have Sold and delivered and by these presents doe fully
and absolutely Sell and deliver unto the Said M' Thomas
Hatton for the Sole and proper use of him the Said M' Hatton
his Executors Adm's and assignes forever One Cow about Six
years old and Calf by her Side now In his the Said M' Hatton's p- 185
possession, The Cow being a blackish brown Cow, with a white
List upon the back and white under the belly being cropt on
the right ear and underkeeled, and a Nick in the upper Side on
the left with Warranty against all Just claimes Wittness our
hands this 16"' day of July 1651 :
In the presence of The mark of R B Richard Bennett
James Johnson The mark of x John Taylor
Edw'' Williams x his Mark The mark of S Sarah Taylor
This present writeing Wittnesseth that I James Johnson of
Popler hill in the Province of Maryland Planter for and in
Consideracon of 600' of Tobacco and Cask already by me
reced of M' Thomas Hatton his Lordps Secretary have Sold
and delivered and doe hereby Sell and deliver to the Said M'
Hatton one heifer and Calf by her Side now in his the Said
M' Hattons possession, the heifer being yet of my own mark,
to the Sole and proper use of him the Said M' Hatton his
Exto's Adm's and assignes forever with warranty ag' all Just
clayms Wittness my hand this 16''' of July 1651
James Johnson
In the presence of Rich Bancks Barbara Johnson
16''' July Whereas by Deed of Gift upon Record in the Last
book of Entries for this Province of Maryland folio 331 a Cow
is menconed to be given by Cap' ffrancis Pott of Accomack in
Virginia unto Thomas Hatton the Son of me Thomas Hatton
86 Court ami Testamentary Business, 1 649-50.
Liber 15. j^ig Lordps Secretary of this Province to begin him a Stock of
Cattle which Cow with a Cow Calf by her Side hath been
S paid and delivered at Accomack afores'' and by me
transported thence into this Province and remains now in my
possession to my Said Son's use the Cow being branded upon
the right home with T T and on the left home H (my own
Cattle being branded on both horns with T H) the former ear
Marks of the Cow being altered and brought as near to his the
p. ,S6 Said Thomas Hatton the younger's own proper Mark as could
be, which differeth only from the Mark of me the Said Thomas
Hatton the Elder, by a peece taken off from the Corner
towards the root underneath both Ears thereby appearing
Somewhat like a figure of 3 which mark the Said Calf now
bears, and the Said Cow and Calf together with their increase
are to be and remain to the Sole proper use of him the Said
Ihomas Hatton the younger his Exto's Adm's and assignes
forever towards a Stock, according to the true intent of the
Donor in the Said Deed of Gift expressed
Attestat 16° die July 165 1
•p me Tho Hatton Sen Seer.
Whereas Thomas Motham Gent one of the Clarks in the Six
Clark's ofifice in Chancery Lane London now deced did ab'the
latter end of March last was eight years give and deliver to the
use of Thomas Hatton the younger his Godson born the 14'''
day of the Said Month of March 1642, a Silver and guilt
Spoon of the value of 20' or thereabouts, And Whereas I
Thomas Hatton the Elder ffather of the Said Thomas Hatton
the Younger, had and converted the Said Spoon to my own
|)roper use without any Satisfaction at all as yet given to my
Said Son for the Same, Now this present writeing Wittnesseth
that I the Said Ihomas Hatton the Elder for and in Consider-
acon of the Said Silver and guilt Spoone or the Value thereof
and forbearance till this time doe hereby fully and absolutely
bargain Sell assigne and deliver unto and to the use of my S"^
Son Thomas Hatton his Exto's Adm's and assignes forever
two Sow piggs or Shoats lately mark't of his the Said Tliomas
Hatton's the younger's own proper mark together with their
Increase Reserving liberty to my Selfe during my life time to
dispose thereof or any part thereof for the best benefit and
advantage of my S'' Son as from time to time I Shall See
Cause Wittness my hand hereunto upon Record this p'sent
16"' of July 1 65 1
Tho Hatton Seer
p. >S7 29 July Robert Hatton Son of M^ Thomas Hatton his
Lordps Secretary, his Mark for Catde and hogs viz: his
Court and Testamcnfary Business, 1649-50. 87
ffathers Mark on the Right Ear and the Mark of his brother L">be
Thomas on the left
William Hatton Nephew of M' Thomas Hatton his Lordps
Secretary his Mark for Cattle and hoggs viz: his uncles the
Said Secretary his Mark on the right Ear, and the left Ear
bearing the Like Mark on the upper part of the Ear as the
right Ear doth on the nether part.
Richard Hatton Nephew to his Lordps Secretary his Mark
for Catde and hoggs viz' his uncle's Mark on the left Ear and
on the right Ear the upper part being taken of or in like
Manner as his Said uncle's Mark is on the nether part being
contrary to the Mark of his brother William.
M' John Wade Chirurgeon his Mark for Cattle and hoggs
viz' both Ears flower dcluced with Slitts and the right Ear
underkeeled.
Aprill 12° 1 65 1 Barnaby Jackson acknowledgeth that about
three years Since he gave and delivered to Joseph Edlowe a
Cow Calf for the Sole and proper use of Barnaby the Son of
the Said Joseph's his the Said Barnaby Jackson's Godson,
which Gift and delivery of the S'' Cow Calf together with the
Increase thereof Since that time and forever hereafter he the
Said Barnaby Jackson doth hereby fully and absolutely con-
firm to the Said Barnaby Edlowe his Exto's Adm's and as-
signes. Wittness his hand the day and year abovesaid.
Tester Tho: Hatton Barnaby Jackson
Aprill 14'° Paul Simpson entreth an Action ag' Rich'' Brown
(Prisoner under Execucon) for 200' Tobacco y bill and 80' Tob
p Accompt.
May 20. William Johnson his Mark for Cattle & hoggs
Viz: Slitt on both Ears and the under part taken off
19° May 1 65 1. Jolin Nicholls this day declared that he had
heretofore given to John Evans Son of William Evans deced p- iS
and his then wife now the wife of the Said John Nicholls a
Cow marked as followeth viz: Crop't on the right Ear, and a
a hole under the Cropp, and three Slitts on the left Ear, w"^'"
Cow the Said John Nicholls in Confirmacon of his former Gift
doth now freely and firmly Give and Grant unto the S' John
Evans his PIxto's Adm's and assignes forever together w'"" her
Increase for the time to come dcsireing the Same might be
recorded accordingly
Testor Tho: Hatton
B.
88 Court and Testamentary Business, 1649-50.
■i^- 19" Maij 1651 : Walter Guest acknowledgeth to owe unto
John Hatch three hundred fifty and five pounds of Tobacco &
Cask debt, and forty Seven pounds of Tobacco and Cask
Court Charges and for the better Security of payment upon
or before the tenth of November next, doth bind make over
and assigne unto the Said John Hatch his whole Crop for this
year And this in presence of his Lordps Secretary, desiring
the Same to be put upon Record
Testor. Tho: Hatton
Lewis ffroman his Mark for Cattle and hoggs viz: Vnder-
keel'd on both Ears.
23° Jany. These presents Wittness that I Thomas Green
of S' Maries in the Province of Maryland Esq at the desire and
request of my Loveing wife Winifred Green and out of my
Natural affection I bear to my Loveing Children Thomas
Greene Leonard Green Robert Green and ffrancis Green with
divers other reasons me thereunto moveing, have assigned
given and made over, and Doe by these presents assign give and
make over unto my Loveing friends, Henry Adams & James
Langworth, All my whole Estate in the Province of Maryland
or elsewhere, as well of Lands and title thereunto as of goods
Servants Cattle Swyne, debts or whatsoever else is any ways
mine now or hereafter may be unto me within the Said Prov-
ince or elsewhere to the uses and intents following viz' That
my Loveing wife Winifred be really possessed of all and every
part and parcell of my foresaid Estate for her freely to use and
enjoy the Same in her own person during the term of her
Natural life without Wast diminution or alteracon thereof
Saving the Value of one thousand weight of Tobacco to be
delivered to my most honoured friend Thomas Copley Esq or
his Successors whenever I Shall happen to die. In testimony
I die; a faithful Christian and desire the prayers of the holy
Church, Provided also that my Self during my life, and that
■ S9 my Loveing Children Thomas Green Leonard Green Robert
Green and ffrancis Green aforesaid, and what other it Shall
please God to Send me hereafter be Sufficiendy maintained
and Provided for out of the Same both for Subsistance and
Education answerable to their quality untili each of them re-
spectively come to eighteen years of age. And that my present
true reall and proper debts be also paid with all possible Con-
veniency, And that at the end of ten years next following the
dale hereof She my Loving wife Winifred Green deliver or
Cause to be delivered unto my Loving and Eldest Son Thomas
Green the fir.st part of all Such Estate in kind as Shall then
and at that time be in her possession or in Value as my Said
Court and Testamentary Business, 1649-50. 89
Son Shall desire for his portion appointed him by me if he ^'''" ^•
Shall be then liveing, else It Shall be LawfuU for my foresaid
Dear wife Winifred Green to Convert the Said fifth part to
her own proper use at the Expiracon of the foresaid ten years
without any account to the rest of my Children, And that at
the end of thirteen years from the date hereof She my Loveing
wife Winifred Green deliver or cause to be delivered unto my
Second Son Leonard Green, the fourth part of all Such clear
Estate in kind as Shall then and at that time be in her posses-
sion, or in value as he the Said Leonard Green Shall make
•choice of for his porcon appointed him by me, If he Shall be
then liveing, Else the Whole Clear Estate aforesaid to remain
to the Sole -psonal use and benefit (with the Provisoes afore-
said) of my Loving wife Winifred Green untill the end of
fifteen years from the date hereof, And then to deliver or
cause to be delivered unto my Son Robert Green the third
part in kind of the whole Clear Estate aforesaid as Shall then
and at that time be in her possession or in value as he the Said
Robert Green Shall then make choice of for his portion ap-
pointed him by me If he Shall be then liveing else the whole
clear estate af** to remaine to the sole personal use & benefitt p- "90
w"" adviso afd of my loveing Winiferd Green untill the End of
seventeen years from the date hereof & th" to Deliver or cause
to be delivered unto my Loveing son ffra Green one intire
halfe in kind of the whole clear Estate afd as shall then & at
th'time be in her possession or in Value as he the said Francis
Green shall think fitt for his portion Appointed him by me if
he shall be then liveing else one intire half of the whole clear
Estate afd then and at that time in the possession of my Dear
wife Winifred Green to remain wholly and Solely with the pro-
visoes aforesaid to the proper use and benefit of my Said Dear
wife Winifred Green forever And the other half equally to be
divided between Such other issue as it Shall please God to
Send me after the date hereof for their respective porcons ap-
pointed them by me If there Shall be any Such then liveing,
And if not then the foresaid half wholly to accrue to my Dear
wife Winifred Green her use and profit forever, Provided She
be not afore invested with the half appointed by me for my
Son ffrancis Green his porcon, nor with the other fifth part
appointed by mc for my Son Thomas his porcon by reason of
either of their deaths as is afore allowed her by mc in which
Case the half afores'' Shall be divided by equall porcons among
the brothers then Surviving And if at the end of 17 years from
the date hereof She my Loveing wife Winifred Green Shall
not be invested w"" of the foresaid parts, and that I
Shall have any future issue then also liveing. That then an
equal Share be deducted by her my Loveing wife Winifred
Green out of the half afore appointed by me for Such issue
90
Cotirt and Testamentary Business, 1649-50.
Liber B. and applyed to her own proper use and benefit forever, And if
it Should Soe fall out w'^'' God forbid, that my dear and Love-
ing wife Winifred Green Should happen to die afore any the
p. 191 Several respective years above menconed. That my Several
respective Children's porcons are to be paid them respectively
out of the Said Estate as aP That then it Shall be good and
LawfuU for her my Said Dear wife Winifred Green to give
and dispose of at her death at her pleasure of the one fifth
part of the whole clear Estate then remaining in her posses-
sion, If it be within the ten first years. If after the ten and
within the 13 years then the fourth part, If after the 13 and
within the 15 years then the third part to be at her disposall
as afore, And if after the 1 5 and within the 1 7 years, then the
one half of what She Shall be then possessed of to be at her
disposeal as afore Giving further power by these presents in
the Case afores*^ to my Loveing friends Henry Adams and
James Langworth or to the Survivor of them or to his Assignee
to ReEnter upon the remainder of the Said Estate to the
intents abovesaid (that is to Say) ffreely to possess the Same
in their own persons for my respective Children's use and my
own livelihood as is above at large expressed, allowing my
Said Loving friends Henry Adams and James Langworth each
of them, the Value of Six hundred pounds of Tobacco and one
third of the Male Cattle Increase between them for their pains
and care they Shall be at in manageing the Said Estate to my
respective Childrens use profit and advantage at the Several
days of payment above expressed of their Several respective
porcons And if it Should Soe please God as that at the end
of the 17 years aforesaid or at any time afore there Should be
neither wife nor Child of mine then liveing, that then the
whole Estate aforesaid be disposed of as followeth, ffirst that
three parts thereof be delivered by my Loveing friends Henry
p. 192 Adams and James Langworth or the Survivor of them or his
assigne as afore unto my honoured friend Thomas Copley Esq
or his Successors to be imployed by him or them to Such
Charitable uses as he or they in their discretion Shall think
most tending to the honour and glory of Almighty God either
in this Province or elsewhere, my own decent livelihood during
my life being herein always Comprehended, Then that the
other ffourth part remain to the Sole benefit of my Loveing
friends Henry Adams and James Langworth or to the Sur-
vivor of them or to his Assignee as afore forever In Wittness
of all which I have hereunto Set my hand and Seal the 18"' of
November 1650 All the Interlines being 6 in number were
made before the Signment
Signed Sealed and delivered Tho: Greene
in the presence of
Richard Willan Signed Alice Smith
Court and Testamentary Business, 1649-50. 91
23° Jany Know all men by these presents I Robert New- Liber n.
chant of Newtown in Maryland doe bind over my whole and
Sole Crop of Tobacco and Corne unto M' George Mee his
Exto's Adm's or assignes to be both Sound and Merchantable
Condicon. It being for the Secretary of one debt being due
by Specialty unto the Said Mee being the Sume of two thou-
sand three hundred and Seventy pounds of Tobacco, And as for
the true performance of the Said delivery I have hereunto Set
my hand and Seal dated this 24''' day of May Anno 1651
.Sealed Subscribed and delivered "1
in the presence of James Lindley >
Tho Jnnes j
The Deposition of Walter Smith aged 28 years or there-
abouts taken the 2''' October 1651 Sworn & Exam''
This Deponent being present when Mary Risbrook widdow
was taken very Sick this Deponent requested her to Set things
in Order for he was perswaded that death was Seized on her
upon that She requested him to call ffrancis Lumbard unto her f- "93
he comeing unto her She Said She did give unto her Godson
one Sow Shoate and to M' Pasmore a Shoat of hers that ran at
Crayfords, and for the rest of her wordly Estate She did
bequeath it unto ffrancis Lumbard after her decease and
further this Deponent Saith not Walter Smith
Jurat coram me Rob' Vaughan
The Deposition of Thomas Pasmore aged 78 years or there-
abouts taken the 2''' October 1651 Sworn & exam''
Saith that Some three days before Mary Risbrooke dyed he
heard her Say, that if it pleased God She Should dye before
ffrancis Lumbard he Should have all the Estate that She had
And further this Deponent Saith not. Signed Tho: Pasmore
Jurat coram me Robert Vaughan
October 9
An Administration of the personall Estate of ALary Risbrook
Widow late of the Isle of Kent deceased is this day granted to
ffrancis Lumbard of the Said Island upon Oath to Exhibit an
Inventory by the first of January next unless &c to performe
the will nienconed in Smith and Pasmores Oaths last before
upon Record, to pay debts &c render an ace' when thereunto
required by &c in the usual forme
[a Quietus est to the Adm" of Smithfields Estate]
Cecilius &c To all the Inhabitants and People within our
Said Province of Maryland and to all others whome these
presents Shall concern, Greeting Whereas at a Court held at
92 Court and Testamentary Business, 1649-50.
B- S' Maries within our Said Province the 20"' day of June
Instant upon the mocon of Walter Beane and Walter Pakes
who by Order of the 29"" of December 1648 had been admitted
to the Administracon of the Estate of William Smithfield
deceased and upon produceing their accounts upon Oath for-
merly taken whereby it appeared that they had fully admin-
istred, and nothing being Objected to the Contrary albeit
publick proclamacon was then made in open Court It was then
Ordered that the Said Walter Beane and Walter Pakes Should
have their Quiet est upon Consideracon whereof these are to
'94 will and require you and every of you that from (henceforth)
forward you desist and forbear to Sue implead molest or prose-
cute the Said Walter Beane or Walter Pakes for or Concerning
the Said Estate whereof they are Administrators as af'' or any
part thereof as you will answer the Contrary And We doe
hereby require our Lieutenant Chief Governor & Chancellor
or keeper of our Great Seal of our Said Province for the time
being and all and every our Councellors Commanders and
Com's and all other Justices Judges and Magistrates within our
S'' Province by us appointed and authorised, and to be from
time to time by us or our heirs hereafter appointed and author-
ised for matters of Judicature, that they and every of them be
carefull from time to time as occasion Shall require to See our
will & pleasure herein before declared to be duly observed and
performed according to Justice, And that in Case the Said
Walter Beane and Walter Pakes or either of them Shall happen
at any time hereafter to be Sued impleaded or prosecuted in
any of our Courts of Justice in our Said Province Contrary to
our true intent and meaning herein before Signified that they
and every of them then present in Court Shall admitt and
allow of this Quietus est or the Record thereof for a Lawfull
and Suffici' plea in barr to all and every Such Suit Action or
demand. In Wittness whereof We have caused our Secretary
of our Said Province of Maryland to publish the Same under
our Great Seal of our S'' Province Given at S' Maries this 21"^
day of June anno Dili 1651
Wittness our S'^ Secret Tho: Hatton
[A Quiet est to Jos: Edlowe Adm'' of Rob' Wisemans Estate]
Cecilius &c To all the Inhabitants &c Whereas it appears
by the account upon Oath upon Record of Joseph Edlowe
Adm' of Robert Wiseman deceased that he the Said Admin-
istrator hath fully administred upon Consideracon whereof and
of an Order of Court made herein this present day. These are
to will and require you and every of you &c put in Quiet est
Beane & Pakes vlt ante recitat Mutatis Mutandis usq ad,
Given at S' Maries this 20"' day of October anno Dni 1651
Wittness our S*" Secretary Tho Hatton
Court and Testamentary Business, 1649-50. 93
Oct 18"' Aprill the 28"' 1649 Received in full of John Salter ^iber u.
a Bill of five hundred and forty pounds nete of Tobacco I say ''' '^^
reced by me Isaac I live
Oct 18"' Andrew Watson his Mark for Cattle and hoggs
viz' the right Ear cropt and a hole under the Cropp, and the
left Ear underkeeled and a hole in it.
22"^° Octobr 1651. Edward Hall ingageth himself in open
Court this day in twenty thousand pounds of Tobacco to be
paid to the Lord Proprietary in Case Rebecca Manners
widdow Shall not Jusdy and truly Administer upon the Estate
late of George Manners her late husband deceased, and give
in a Just and true account thereof according to her Oath to be
taken in that behalf Wittness his hand
the Mark of x Edward Hall
1 646 p. 205
January 14 Henry Hooper Chirurgeon acknowledgeth
himself to owe unto John Hallowes Six hundred pounds of
Cask't Tobacco.
Whereas certain Lands and Tenements holding of the p- -06
Mannors hereunder named have ceased for these 3 years last
past to pay the rent due to the Lord of the Mannor hereunder
likewise named & the Last Tenants have (as is Said) forsakon
and deserted them nor can any distress be found upon the
Lands or tenem" for the levying of the Said rent and arrears,
These are therfore to Summon the Said Several Tennants to
pay the Said Rent and arrears and the Charges of this process
unto the Lord of the Mannor as aforesaid within 15 days after
the Setting up thereof or els to be at the Court on the ffourth
of ffebruary next by themselves or Attorney to Shew Cause
why the Said Land should not Escheat to the Lord of the
Mannor as aforesaid according to the Law and Custome of
England in Such Case
f S' Michael one tenem' of 100 acres late ^
in the Tenure of Tho Butler | 6 barrells
deced yearly rent 2 barrells V Corne &
cornc & 2 Capons arrear 3 | 1 2 Capons
yea: J
S' Gabriell — One other lenement late in the tenure
of Henry James Deced of the Same
([uantity rent and arrear
One other tenem' of 100 acres late in the
tenure of John Langford deceased the
Same rent & arrear
Trinity — One other Tenement of 100 acres in the
tenure of Robert Smith the Same rent &
In the
Mano'
of
94
Court and Testamentary Business, 1649-50.
iber H. William Stephanson demandeth of Robert Smith 500' Tob
Caskcd and 3 barrells of Corne due for wages this last year
attachm' 923 ret 4 ffebr
( Gov' Att a Court 13 Janu:
P"' 1 Secret
The Court being informed of certain revileing Speeches of
W™ Pinley uttered this present day in the house of John Hal-
lowesviz (that he Should Say unto Robert Douglass a mes-
senger Sent thither from the Governor upon business (that he
had an honest face it was pitty he Should be hanged, and that
he wished the Virgineans that came up in Service of the Gov-
ernor had Estates in Virginea, and th' rather than he would
have come up upon Such employm' as they did he would have
gathered Oysters for his liveing) Confessed the words And
p- 2°7 thereupon was adjudged by the Court to be whipped with 20
lashes and to be imprisoned till the Sentence be Executed
14 Nathaniel Pope demandeth of John Dandy 300' Tobo
Cask due by bill.
attachnt 373 ret i March next or within one Month after
Notice
Edward Packer demandeth of John Dandy 950' Tob Cask-
attachment 1073' ret ead forma
John Pritchard demandeth of Barth: Lewis 80' Tob Cask
Warr' to Court 4 ffebr upon perill Judgm'
Jan'y 14 Marks Pheipo made Oath that he paid iinto the
Sherriff to the use of M' Giles Brent 1000' Tob & Cask about
Some three years agoe by Order of Nathaniel Pope upon an
attachment of the Said M' Brent
Edward Packer made Oath that he being Sherriff ab' 3 years
agoe received five hogsheads of Tobacco of Nathan" Pope by
vertue of an attachment at the Suit of ffulk Brent to the best of
his remembrance
Bartholomew Rench acknowledgeth himself to owe unto
John Hallowes 700' Tobacco to be paid on the 10"' November
next
p. 208 16 — Thomas Green Esq &c demandeth of William Harde-
dige 310' Tobacco Cask due by Bill and account
Arrest for 348'
4 ffebr Tho: Green Esq &c demandeth of William Pinly
361' Tob cask due by remainder of a bill of 800'
Arrest 399 Eod
Court and Testamentary Business, 1649-50. 95
John Grimesditch demandeth 100 acres of Land due by Con- Liber \
dicons of Plantacon for transporting himself at his own Charge
into the Province in the year 1644.
Warrant to Surveyor
Marks Pheipo Adm' of Sam" Pursall late of Virginea deced p- 212
demandeth of John Hallowes 20' beaver due these 5 years &
upwards to the Estate of the deceased by Bill, and demandeth
damages of Non payment and charges of Suit
Warn: to Court 4 ffebr pill Judgm'
Warr' to Tenn" Lordps hundred, S' Clem: & Newtown to
pay rent afore 4 ffebr at the ffort, pill distress & Charges
& head corne
Jan'y 25 — ffrancis Posie demandeth of W"" Smithfield 600' p- 213
Tobacco due by account
Arrest ret 4 ffebr next
ffrancis Posie demandeth of Tho: Moss 400' Tobacco due
upon account of 40 arms length of roanoke delivered to him at
10 p arm 1
attachm' ret eod
Ralph Beane demandeth of John Cook 1 166' Tob Caske due
upon account of goods :
Attachm' 1223' ret i March
Robert Edwards demandeth of Richard Hills Adm'' of John
Longworth 220' Tobo Cask & 4 barrells corne of corne or els
400' Tob Cask.
Warn: to Court i M: pill Judgm'
Worthy S"' p. 214
These are to give you notice that I have given Notice to M'
Mollis Order to receive the Catde which is due to me for the
moneys that my Lord received of my friends in Engl"* for one
I have received but noe Increase which I hope your worship
will consider me in yet that 1 may not Sustain the whole loss
of the encrease which I Should have had of them So wishing
you all helth &c
Yo' Serv' to Comand, Tho' Speak
[January the 29''']
Warrant to Walter Waterlin to Searcli Antho Rawlins house
for goods of John Hallowes
g6 Court and Testamentary Business, 1649-50.
iber B. j-peb'y 4]
Robert Sharp demandeth of Cyprian Mallett 36' tob due
upon account
Warrant Imediate
Robert Sharpe demandeth of Thomas Knight 1 50' tob due
upon account
Warr' Imediate
Robert Kedger -p attorn Walter Pakes demandeth of Nath
Pope 1000' tob due for account of Work
Warrant Imediate
Dorothy Baldridge demandeth of Richard Duke 200' Tob
due by bill attachm'
Acknowledged this day in Court to be agreed by the Gov'
& Henry Hooper Chirurgeon, that the Said Henry is to Serve
the Governor for a twelve month from this day in the quality
of a Chirurgeon and the Governor is for it to find all druggs,
and to find him with diett and lodgeing, and to allow him two
thirds of all the accounts Which the Chirurgeon Shall earn by
his practice in the Colony during the Said time.
Mary Clocker demandeth of ffrancis Gray 1000' tob being
the value of a Cow of the p'" killed by the Said ffrancis at
S' Maries about Septemb 1646. and assumed by him to be
paid for.
Nath Pope to the demand of blanch Oliver for 2 kine With
p. 215 Calf due by assumpsit Saith that if he did kill any of her Cattle
or assume payment which he confesseth not yet he ought not
to pay upon any Such Cause Such actions being taken away
by Act of assembly.
Mary Clocker Saith upon her Oath that in her presence
Nathaniel Pope did promise to blanch Oliver that for an Ox of
her's killed in their ffort whether he lived or died he would
give her Satisfaction and if he lived She Should have a Suffi-
cient Cow and Calfe as any was in his penn and which Should
be a quarter over and above better then her Oxe. And the
Court found that the p'' recover a good Cow Calfe as any was
then in his penn, and for the other Cow and Calfe respited till
first of March which Shall be 1 647:
In the Cause of Robert Kedger v: Nathan Pope, the Said
Nathan Pope alleadged, that if Rob' Kedger did. any work it
was to the use of the whole part>' then in Rebellion, and Soe
is Cut off by the Act.
Court and Testamoitary Bushiess, 1649-50. 97
And it was Soe found by the Court and the Defd' dismissed Liber
without day
Tho: Hebden demandeth of the Administrator of John Cole
50' Tob for Curing his Ague and feaver about Six Months
afore he went into the ffort, 25' for a purge then likewise, 25'
for Stopping of his blood at that time
And the Administrato' not gainSaying upon the Oath of
the p" to his account Ordered that he recover
In the Cause of Nath Pope v: Tho Jackson the Defd' ac-
knowledged 200' tob to be due and the p'' was therewith con-
tented and the p" to pay Charge
Nicholas Gwither demandeth of Nath Pope 200' Tobacco
due for hire for a voyage to Virginea about Septemb 1645.
And the Said Nathan Saith that the employm' was in Ser-
vice and to use of the Rebellion and therefore Cutt off by the
Act:
And the Court dismissed the Defd' without day. p- ^'^
Ralph Beane demandeth of John Cage 2S0' Tob° Cask due
by bill. Warrant Imediate
In the Cause of Robert Sharp v. Tho: Knight the Def'
alleadgeth the demand was for a play debt and the p'' not
gainSaying it, the Court dismissed the Defd' without day.
William Broughe demandeth of Antho Rawlins 600' tob &
2 barrells of Corne due upon bill and account. Warrant
Imediate.
George Rutland demandeth of John Hallowes 330' Tobo
Casked due Cap' Hill, & assumed by the Defd'
attachment 363 ret i March next
William Wheatley demandeth of ffrancis Amkctill & James
Langworth 8 barrells of Corne due by bill.
Attachm' v: ffrancis Amketill 553 ret 1° Decemb next
In the Cause of W'" Brough v: Antho Rawlins, the Def' was
respited to prove his allegation ag' the bill of 150' Tob & 2 bb
Corne at the Court on the i" of March next upon pill of
Judgm' and likewise his allegacon touching the delivery of a
Steel -Saw to the p'' in exchange for his, & the p'' recovered
100' tob for Soe much paid by him for the def' to Edward
Packer, and one Indian Matt to be delivered to the p'' before
the first of March next or else 30' tob
98 Court and Testamentary Business, 1649-50.
ber B. Coppy of Order to Antho Rawlins
Antho Rawlins demandeth of William Broiigh 820' Tob due
upon account and the Defd' was dismiss't without day
Tho Sturman & Will Pinly \
Jo Powell David a Welshman V licensed to goe down
Arthur Whittingtons' Man ) to Virginea
Barnaby Jackson demandeth of Nath: Pope 1540' tob Cask
due for the price of 1 1 tliches of Bacon of the p"' used by the
Defd' being deposited in his house by the p" for the Securing
of them and contracted for Satisfaction
Warrant Imediate
And the Def' denied Such Contract and upon the p'" Mocon
the Cause Respited till the V of March
p- 217 Thomas Jackson demandeth of John Hampton 120' Tob
Cask due for i barrell Corne delivered to him this last Summer
Arrest ret i March
ffrancis Pope demandeth of William Smithfield 400' of Tob
paid to him by the p'' for the price of a Gunn Sold him by the
Defd' and belonging to John Philips and now taken from the
Defd' to his Lordps use as Executor in Law to John Philips
George Rutland demandeth of John Kemp of Virginea
1000' Tob due for first payment of a bill of 3000'
attachm' ret i March next
William Brough demandeth of John Mansell 380' tob and 2
hhds of Cask due by bill Warr' ret i March
W"' Brough Demandeth of W"" Brown 306' Tob Cask due
upon Acco' Warr' to Court Returnable i March
George Rutland demandeth of Robert Smith 127' tob due
upon account assigned from Richard Hobin
John Salter demandeth of Thomas Waggott 150' Tob
Marks Pheipo Adm' of Tho Pursall demandeth of John
Hampton 700' Tob casked due by bill
attachm' ret 1 March
Marks Pheipo Adm' of Thomas Purssell demandeth of ffran-
cis Gray Adm"^ of James Couther 1700' tob casked due by ac-
count & bill to the deceased Pursall from Ja: Cauther
attachm' ret i March
Cotirt and Testamentary Business, 1649-50. 99
Marks Pheipo Adm' of Tho Pursall demandeth of John Hal- Liber b.
lowes Administrator of J a Wavill 700' Tob° Cask due by bill
& 20' beaver assignment together with damage of Non pay-
ment
p'sent
ffebr 8'"
ovr -1 To the Demand of Marks Pheipo administ of
:cret/ Thomas Pursall versus ffrancis Gray the S'' Fran-
cis Gray Adm' of James Cauther Saith that he knoweth not
the demand to be due from the deceased, And upon the defalt
of proofe on the p"° part and the Oath of the Defd' that he
ought noe more then 1 70' Tob the Court found for the p" 1 70'
Tob, and the p" to beare Charge of Suit:
To the demand of Marks Pheipo Adm' of Tho Pursall versus p-
Jo Hamton, the Said Jo: Hamton Saith he oweth it not and
the Court found for the p'' 600' Tobacco.
John Hampton at the request of Christopher Chamberlaine
Made Oath that in Virginea this Depon' did about 9 years or
10 Years agoe receive of Edward Moulson 60' Tobo
for the account of Nicholas Clerk he this Depon' being
then the Said Clerks Attorney, and that he this Depon' paid
the Said Tobacco accordingly to the S'' Nicholas Clerk for the
account of the Said Edward Moulson
Coppy of 6: Mar: 1646.
ffrancisco Van Eynden demandeth of Rich'' Hobin 300' Tob
Casked due for the price of 2 hoggs dd to him
Arrest ret i March next
ffrancisco Van Eynden demandeth of John Nunnc 2 hhd
Cask lent & 2 barrells corne & 150' tob due for the price of a
Plantacon of the p'" at S' Leonards Sold to the Defd'
John Hampton deposeth at the request of Marks Pheipo
Saith that to his knowledge John I-lallowes did owe unto
Thomas Pursall 20' of beaver about 6 years agoe & Soe much
this Depon' hadi heard the Said John Hallowes Confess
10 Job Mayne demandeth of Henry Brookes 100' Tobo & 3
barrells corne wages Arrest ret i March.
ii Blanch Oliver Adin'x of Robert Dixon demandeth of
Richard Ncvett 800' Tob due by account Arn-st ret i March
lOO Court and Testamentary Business, 1649-50.
Blanch Olliver Adm' of Robert Dixon demandeth of W"
Thompson 500' Tob^ due by Account for So much Tob'' Lent
to the Defend' to the P" Arrest ret i. March
Blanch Oliver Adm" of Robert Dixon demandeth of John
Medly 1 30' tob & 4 barrells corne due upon ace' to the de-
ceased Arrest ret i March
Ralph Beane demandeth of Joseph Cardell iioo' w' tob.
casked due by Bill & assignm'^
arrest ret i March next
Though your paper Sent by M"' Knight contain many things
in it of that fowle nature as deserve to be answered rather by
the Sword then the pen of the Magistrate, Yet Soe great is
our Inclination to See an end of these troubles Soe unfortu-
natly begun amongst us and all things reduced into their Old
State again, of peace and quiett, that passing by all the rest of
your paper. We give this Answer in brief, to that part of it,
which prays for peace, that when you Shall Send this Gentle-
man or any other agent from you with Sufficient authority
under the hands of the greatest part of the Island to treat and
conclude fully with us, all things as Shall come in question on
either part, You Shall find this Governm' ready to Conde-
scend,, to the giving of all Satisfaction to your demands of
quiett and peace as may by reasonable Men be expected
from it:
! A rate of goods bought by Tho Severne.
Shoes 34' p p
34'
Cocram
30
Stockins
16
course linnen
14
Childr"^ Shoes & )
Stockins [
axes & hoes
24
18
Soap
9
Gray Kersey
50
Candles
6
better Sort of frize
40
Nails 20"
60
next Sort of frize
30
6^
40
dowles
40
4''
30
ffebr 25 Restituta wife of John Hallowes appeared as his
Attorney to Answer to the Suit of Marks Pheipo. respited till
Court.
Subpana for p" to Edward Packer to testifie in ditto causa
Mar: 2 Nicholas Keytin demandeth of ffrancis Gray, both
in his own name & as Adm' of James Cauther 200' tob casked
for the price of a hog of the p"^ killed by the def ^ to their own
Cotiri and Testamentary Business, 1649-50. 101
And in presence of Jo: Piles (Attorney of the DeP) and Liber
pleading for his defence, the Court found for the p" 150' tob:
Sub pana in part Jo: Hollowes def' to Marks Pheipo for
Mary fford to testifie.
Richard Nevett to the demand of Blanch Oliver Saith that
hee acknowledgeth the demand to be due, and that he never
denyed it, And the Court found for the p'' 594' tob. & the p''
to bear charges, and not to have Execucon till Decemb next.
William Thomson to the demand of Blanch Oliver Saith
upon his Oath, that he acknowledgeth 300' tob due to be paid
next year, and noe more he ought him at the time of his
decease, and the Def' proved due to him from Robert Dixon
upon account 2 barrells ^ Corne & 200' tob And the Court
found that the p'' is to pay 50' tob to the Defd' upon the whole
account.
Mary fford deposed at the request of the Attorney of Jo:
Hallowes, that She this Depon' being at lames Cauther's
house Sometime about March, about 6 years agoe, did See
one Edward then Servant of James Cauther bring down a par-
cell of beaver to James Cauther's house, which he Said he had
of Jo: Hallis for Thomas Pursall.
Upon the Oath of Ralph Beane the Court found for him
1 10' tob. upon the Estate of John Cole deceased.
Upon the Oath of William Asiter the Court found for him
ag' the Estate of Richard Cole 64' tob.
Tho: Green Recovered 100' tob, upon Oath of W"' Thomson
against the Estate of Thomas Willis fugitive.
Richard Nevett upon Oath of John Medley recovered 100'
tob. against the Estate of Thomas Willis fugitive.
Ordered that William Browne upon paying 32' tob: Casked
to M' Low for Court charges, & 3 bushells corne arrear for
rent of the plantacon of Thomas Willis, & 100' Tob: casked
next year to M' Green, & 100' tob Casked to Richard Nevett
next year, Shall have & enjoy the Patent of Thomas Willis as
his Lawfull assigne, And Richard Nevett acknowledgeth to
have received 100' Casked Tobo as aforcsd'' —
Rich'' R Nevett his Mark
I02 Court a?td Testamentary Business, 1649-50.
" B- Upon the Oath of Marks Pheipo, Ordered that he recover
of the Estate of John Wavell 700' tob Casked and for the 20'
beaver was dismiss't.
Edward Packer assumed for Jo: Hollis to be Answerable at
June Court by him or Attorney for 300' tob or Soe much of it
as Shall be recovered by George Rudand ag' him on the
behalf of Jo: Kemp of Virginea.
Marks Pheipo demandeth of ffrancis Grey, Adm' of James
Cauther 1000' tob. for the price of 20' beaver received by the
Said James to the use of Thomas Pursall from John Hallowes.
attachm'
In the Cause of Geo: Rudand v: Jo: Hollis for 330' tob the
p'' dismiss't.
George Rudand demandeth of Cap' Edward Hill 330' tob
Casked, due to Richard Hobie & assigned to the p" attachm'
ret I. June
Warrant to Richard Nevett for 100 acres Land
George Rutland demandeth of Tho: Petit 170' tob due by
account assigned from Rich: Hobie
Warr' to Court i June
George Rudand Attorney of Bridges demandeth
224 Of John Nevill 270' tob due by account of dyett & a lock of a
Gunn Warr' to Court i June
6 The will of Thomas Weston exhibited by John Hansford
and approved and the administracon Comitted to the S'' John
Hansford having made Oath to bring in Inventory within 10
days, and account afore i March 1648 unless further time
given, and to cause the Estate to be appraised by Oath of 2
men
William Marshall Sworn to appraise the Estate of Thomas
Weston according to the true value of it to the best of his con-
science.
9 Nicholas Cossin demandeth of James Neale 1400' tob &
Cask due by bill— attachm' to Answ"' i March next, ret next
Court
Ralph Crouch at the request of John Pile Saith upon his
Oath, that about October anno 1644, he this Depon' did lade
Court and Testamentary Business, 1649-50. 103
aboard the Ship called the Reformation whereof was then Liber b.
Master one Richard Ingle riding in the River of Thames
London Certain English goods, which Tho= Clerk the party
that delivered the goods to the Depon' affirmed them to the
Depon' to be to the value of ten pounds ten Shillings Sterl laid
out in England in ready money by him the Said Thomas Clark
for them, and which this Uepon' veryly believeth cost that rate,
but this Depon' Knoweth not whether the freight of the said
goods was reckoned into the said Charge or not.
Touching the Same And also that the Commander and p. 225
Commissioners at Kent doe cause the Said Zephaniah Smith
to bring into the Court there A Petition by him preferred to
the Provincial Court there on his own behalfe wherein the
Court att Annarundel is by him taxed with Injustice, that a
true Coppy thereof may be taken to be made use of by the
Provinciall court if occasion Shall require.
cuthbert ffenwick pit \ Upon perusal of an Order Made in this
John Nunn Uefdt / Cause the 20"^ day of March last and
another for renewing of the Same 21''' of June last and upon
Oath made by M' Gwyther the high Sherriff that he gave the
Defd' notice of the Said Order Since the Last Court and the
Defd' nor any for him yet appearing to make any Answer in
the business, It is Ordered according to the Said former Order
that the Def' Shall pay unto the p'' or his Assigne two hun-
dred four Score and five pounds of Merchantable Tobacco and
Cask which was payable by bill to the p'' the tenth day of
November 1647.
Proofes produced by John Merriday Shipwright this Court
for the vacateing of a bond by him entred to Thomas Hales
and Roger Pollin the 14''' of July last viz
The Deposition of Richard Pinner of the Colony of Virginia
Marriner aged about 36 years Sworn & examined the last
day of July 1 65 1. Saith
That about November last he being aboard a Vessell in the
bay of Chesapcak in Virginea between Pyankatanck and Rap-
pahannock called the Ann, there was then and there lost from
the Sterne of the Said Vessell a Small boat of about 10 or 12
foot by the Keele which had been borrowed of John Merriday
Boatwright, And this Deponent further deposeth that upon
serious view of a boat upon Monday last which the Said John
Merriday Shewed unto him telling hijii he had taken the Same p. 226
out of The possession of Thomas Hales and Roger Pollin and
had entred bond to prove the Same to be his, he this Depon'
found and knoweth it to be the Same boat whicli was Soe lost
from the Stern of the said Vessell before menconed.
I04 Cotirt and Testamentary Business, 1649-50.
Liber B. '|-j^g Deposition of Richard Gripwood planter aged about
16 years Sworn and examined the last day of July 1651 Saith
That he was a board the Vessell mentioned in the Deposition
of Richard Pynner above written when the Boat therein men-
coned was lost, and further Saith that the Boat, which John
Mcrriday upon Monday last Shewed to the Said Pinner and
this Deponent, menconed also in the S"^ Pinner's deposition, is
the Same Boat which was then lost from the Stern of the Said
Vessell as afores'' w^"" boat this Deponent hath heard and verily
believes was and is John Merriday's boat :
Uterq Jurat die & anno Supradict coram me
Tho: Hatton Seer
To my hon'' friend Cap' WiHm Stone Gov'
of Maryl^
p'^sent These
Good S'
I received your Letter by M' Copley concerning the assur-
ance to you of my house at S' Maries, which I did once Offer
to Secure to you against all Just claymes, but at our last parting
you cannot forget that I desired you to See in the the Record
what right I had to it, and that I would advise with my brother
before I would make any writeing to you I further told you that if
my title were not good I would return the house into the Inven-
tery, and would not intangle my Self in Maryland because of
the L** Baltemore's disaffections to me and the Instruccons he
Sends ag' us This S' if please you to call to mind what past
I know you will remember, Yet verily S' I doe not refuse to
make you Security for any doubt I have of my title, but because
I know it will be more for the avoyding of trouble both to you
and me to disinterest my Self in it I will at my comeing down
p- 227 bring with me the Coppy of the Statute to Justifie my right to
M' Calverts Land, and 1 hope to have a tryall for them in your
own Court, and Soe I shall make an end with you to your own
content I beseech you S' be pleased to dispose of those goods
1 laid by because I have been forced to provide my Self by my
brother in Virginia, Soe I Shall want the Tobacco to furnish
ourselves with other things, Be pleased to p'sent &c July
2 2'"' 1650.
Yo' humble Serv' Margaret Brent
To the Right Worp" Cap. William Stone &c
S' .11
my brother is now Soe extreamly Sick that Wc have noe
expectation of his life, Soe that I know not what trouble it may
throw upon me or how inconvenient my comeing down to
Maryland in June may be to me, I w'' therefore desire you to
Cotcrt and Testamentary Btisiness, 1649-50 105
doe me the favour to referr the hearuig of the Cause between '-''^er ^
us, till the October Court, at which time I will not fail to be
down, and you Shall thereby oblige unto you S'
Your Most humble Serv'
Margarett Brent
Aprill 28"^ 1 65 1.
S'
To the Right Worship" WiHm Stone &c
I did heretofore Set you a price of the house at S' Maries,
on which you did enter, and did then deferr the assurance of
it to you till I had taken advice of my brother to whome 1 was
then goeing, after which I Sent you assurance Conveying my
whole tide you which then you ought to have accepted or to
have relinquished your pretence of buying. And this I did
before you had Incurred any charge upon the thing, as I Shall
prove by Sufficient Witness 1 now desire you to know that I
am deeply Sensible of the loss, and trouble you have thrown
upon me in this business by your keeping of my house and
Land from me, and not paying me any price for it. And there-
fore to disengage My Selfe out of further trouble, I am now
compelled to require you to Signifie unto me or to M'
Bretton in my behalfe within 20 days after the receipt hereof p. 228
your acceptance of the house and Land upon my Conveyance
of my title unto you which I am now ready to make and is but
that of M' Calvert's Adm' and which I will not fordfy by any
bond or warranty. If you give me not notice of your accept-
ance of it, I doe here declare to you that I will be disengaged
of the bargain which I then profered you and now profer you
of it, and free to dispose of my house to my best profit, I
beseech you S' fail not to lett me know your resolucon in it I
commend my Service to you & rest
Peace July 10''' 1651 Your humble Serv' Margaret Brent
Know all men whome it may concern that I Thomas Johnson
Merchant doe testifie, diat Whereas there was an agreem' and
bargain made between M's Margarett Brent and Cap' W'"
Stone Governor of Maryland for one house & 100 acres of
Land with all things thereunto belonging at S' Maries formerly
belonging unto Governor Calvert late deceased. And in Con-
sideration thereof the S'' Captain Stone was content to allow
her four thous'' and five hundred weight of Merchantable
Tobacco upon Condicon she would engage herself her heirs
Exto's Acini's or assignes to defend him the Said Cap' Stone
his heirs Exto's Adm's or assignes from all Just claimes and
demands that Shall or may hereafter arise, unto which I doe
hereby testifie Uie said M's Brent did Condescend unto and
io6 Coiirt and Testamentary Business, 1649-50.
1^- was content to underwrite the Bill of Sale & received Some
goods in part of payment which She left in the hands of the
Said Cap' Stone untill the return of her Shallop In Wittness
whereof I have hereunto Sett my hand this 20"" of May 1650
at Providence in the County of Annarundel
•p me Tho: Johnson
The above menconed Thomas Johnson hath made Oath
before me James Homewood Magistrate in Providence that
what he hath testified above is the truth to the best of his
knowledge die ditto
James Homewood
=29 The Deposition of Elizabeth Parry aged 26 years or there-
abouts taken on the 22''' of October Sworn and exam'' Saith
That She was present when M's Margaret Brent made an
absolute bargain with W"' Stone Esq' of a house at S' Maries
formerly belonging to Leonard Calvert Esq deced & that there
was goods at her request delivered unto her in part of pay-
ment for the Said house, And that She was present when there
was a bill of Sale made for M's Brent to Set her hand unto,
but She refused to Sett her hand to it, if that it was therein
written that She Should be bound to defend him from all
Claims, But She would willingly Set her hand to the Bill of
Sale if that it was therein written, all Just claims whatsoever,
Moreover She heard her Say afterwards that She would not
Meddle with the goods afores"* unless the Gov' would enter
upon the house ffurther this Depon' Saith not
The mark of E P Eliz Parry
Jurat coram nos Rob' Vaughan W"" Eltonhead.
M--S Margarett Brent UeC / this Court of the 20"^ of November last
made in this Cause It appeared thereby that the hearing of this
Cause was by consent on both sides respited till the then next
Court, and nothing being then done in the business tlie Defd'
was afterwards arrested upon a warrant to appear in June
Court last, and the Complaynant now produceing a Letter
under the Defd" hands of the 28''' of Aprill last whereby She
pretending that her comeing down to Maryland in June would
be very Inconvenient earnestly desired the Comp"to referr the
hearing of the Cause till this Court and then She would not
fail to be down, upon which Letter the Complayn' (as he
affirmed) was drawn to respite the hearing according to her
desire But it appears by another Letter now Shewed under
the Defd" hands dated the 10"' of July last that She now waves
all former proceedings, and preremptory averreth that She
Court and Testamentary Business, 1649-50. 107
will be disengaged of the bargain and be free to dispose of the ^iber
house in question to her best profitt which Expressions being
used to the Governor By the Defd' in her Letter upon a Suit p- 23°
depending She absenting herself out of the Province and will-
fully refusing to appear, this Court doth apprehend can amount
to noe less then a Slighting and Contempt of this Court and
Governm', And doth therefore and for the reasons before
Shewed think fit upon the Complayn" mocon to proceed to the
hearing of the Cause the Defd" absence notwithstanding, And
the Complayn" Suit being to be relieved against the Defd' for
a Sufficient Conveyance of the house and one hundred acres
of Land thereunto belonging at S' Maries where he now
dwelleth with warranty against all Just claims according to
agreement, the Complayn' not distrusting the Defd" per-
formance of the bargain on her part, having bestowed Very
great charges upon the premisses and as appears by the Order
of 20"" of November last the Defend' Confessed She once
Offered Such warranty, And by the Deposicons of M' Thomas
Johnson and Elizabeth Parry now produced it appears that
the Defd' did make an absolute bargain and Sale of the prem-
isses to the Complaynant for the Consideracon of ffour thou-
sand five hundred pounds of Tobacco and Cask, and was
willing to put her hand to a bill of Sale thereof with warranty
against all Just claymes and that She received Some goods in
part of paym' which also appears by her Letter to the Com-
playn' of the 2 2'*' of July 1650 now also produced Upon all
which Deposicons Letters and other proceedings, It is by this
Court Ordered and adjudged that the Complayn' his heirs and
assignes Shall forever hereafter have hold and enjoy the quiet
and peaceable possion of the house and Land in question
against the Defd" and all claiming by from or under her or her
title, And that the Comp" Shall Satisfie and pay to the Defd' or
her assignes the remainder yet unpaid of the four thousand and
five hundred pounds of Tobacco and Cask being the Consid-
.eracon for the purchase before expressed And upon payment p- 23'
thereof. Sometime before the first of January next being Law-
fully demanded, or in default of Such demand by that time
upon Sufficient tender thereof for the use of the Defd' or her
Assignes Sometime in January next in Some one or two places
betwixt S' Georges River and Brettons bay. The Defd' her
heirs Exto'^s or AdnVs Shall make unto the Comp'' a Sufficient
Conveyance or Bill of Sale of the premisses with warranty
against all Just claimes according to her agreement proved
upon Oath, and that in respect of the Defd'* non residencey
here and it being doubtfull how Soon She may further absent
herself where She cannot be found or compelled to the per-
formance thereof It is further Ordered that upon i)ayment or
io8 Court and Testamentary Business, 1649-50.
Liber B. tender of the Said Remainder in Manner aforesaid She Shall
give Sufficient Security for the p''his heires_and assignes their
quiet and peaceable possession of the premisses according to
this Order Which is to be absolute and binding unless the
Defd' by herself or her attorney att the next Court to be held
for this County of S' Maries the Second day of December
next Shall Shew good cause to the Contrary, And in respect
of her wilfull neglect in not appearing this Court and contempt
before expressed Notwithstanding the Comp'" long forbear-
ance at her request She is bound preremptorily to take notice
of this Order, And the Complayn' is not required to cause any
notice hereof to be given her unless he think fitt.
19 Januarij Certiff' of noe Cause Shewed.
The Court riseing the Governor appointed the next Prov"
Court to be held at S' Maries the Second day of December
next.
Nov' 3° Memorand that I George Manners ingage my Self
to bear Henry Pountney harmless from a bill of Six hundred
pounds of Tobacco of the Said Henry Pountneys due to
Skipper Abraham as Wittness my hand the 19"" of Aprill 1651
Wittness Friendship Tongue George G. M Manners
1 3 Novembr M' Phillip Land demandeth 390'' of Tob and
Caske as due to him out of the Estate of Thomas Maidwell
deceased :
p. 232 14° Novembr: Blanch the wife of Humphrey Howell ac-
knowlcdgeth that She in her Widdowhood fully and freely
gave And delivered to Mary Harrison daughter of her the S"*
Blanch and John Harrison her former husband deceased one
Cow Calfe with her Increase being now four female Cattle
and one Male in the whole All the Male both of that Stock,
and the Stock of William Oliver Son of the Said Blanch and
Roger Oliver her former husband also being to be allowed to
the Said Humphrey Howell her now husband for the educa-
con of the Said Children, and his care in looking to the Said
Catde, And that the Calf given to the Said Mary as afores'' was
part of her the Said Blanch's thirds of the Estate of the S"*
Roger Oliver Witness her hand this 14 of November 1651.
Testor The Hatton. The Mark of Blanch k Oliver
Att a Court held at S' Maries \
the Sixth day of Novemb 165 1. j Present. Governor: Secretary
Upon humble mocon made unto this Court by Rebecca
Manners Wid° AdnVx of George Manners her late husband
Court and Testamentary Business, 1 649-50. 1 09
deccd It is Ordered diat her wearing apparell, bedd and bed Liber 13.
clothes thereunto belonging and three barrells of Corne be
allowed her out of the decedents Estate according to the Cus-
tome of this Province And not to be Inventoryed :
Depositions taken by M' John Sturman by
vertue of a Speciall Comission to him granted
for that purpose.
The Deposition of Robert Holt taken the third day of No-
■vemb 1 65 1 upon his Oath declareth and Saith that Dorothy
his wife hath threatned him divers times to take away his life,
And further Saith that Edward Hudson hath divers times been
Compacted with her the Said Dorothy to abuse me by takeing
her part in his wordg, Soe that between them both I goe daily
in fear of my life And further Saith not
The Mark of Rob' Holt
Sworn before me John Sturman
Andrew Watson being Examined and Sworn upon his Oath
declareth and Saith that about July or August in the year
1650 he this Depon' comeing to the house of Edward Hudson,
and Staying about a ffortnight or thereabouts there, Saw the
Said Edward Hudson and Dorthy the wife of Robert Holt goe
to bed together as if they had been man and wife, And he this
Depon' knew not to the Contrary while he heard it by Some
of the Neighbours thereabouts And The Said Dorothy and p. 233
Edward told he this Deponent that Robert Holt which was
the Said Dorothy's husband was dead and further Saith not
The Mark of Andrew Watson
Sworn before me this third day of November 1651.
John Sturman
The Deposition of Rose Smith aged 42 years or thereabouts
being Sworn and E.xamined Saith, that about September last
past She this Depon' comeing to the house of Robert Holt,
the S'' Holt told this Deponent that his wife would kill him,
and She this Depon' answered, Sure She would not, and the
Said Holt's wife replyed again and Said, that She were as
good kill him as live as She did, and this Depon' told her that
She would be hanged then, and Holt's wife Answered again
that then there was an end of two ffurther this Deponent
Saith, that the Said Holt's wife comeing to this Deponents
house, after the parting between She and her husband, this
Depon' desired her to return to Ikt husband again telling her,
what a Covenant She made at their Marriage that thereby She
could not with Safe Conscience go from her husband. She
no Court and Testamentary Business, 1649-50.
Liber B. rcplyccl again that her heart was Soe hardened against him,
that She would never darken his door again and further Saith
not: Rose Smith
Sworn before me this 4'" day of November 1651:
Jo: Sturman
Depositions taken by L' Nichoas Gwyther by vertue of a
Speciall Comission granted to him for that purpose as foUow-
eth viz
The Deposition of George Deity aged 24 years or there
abouts.
This Depon' Saith that one night he came to the house
where Edward Hudson and Robert Holt's wife did live to-
gether and he did See them both lyeing in bed together before
the fire, And further this Depon' Saith not
George Dolty
Jurat 6 Novembr 1651 coram me Nichas Gwyther
The Deposition of Humphry Howell aged 57 years
or thereabouts
This Deponent Saith that Some time in June in the year
1650 he was goeing to the well for water, he the Said Depon'
called at the Said Edward Hudson's house, and the Said Ed-
ward riseing in his Shirt opened the door and the Said De-
pon' goeing to the fire did See the place where the Said
Edward had lain in the Same bed where the Said Dorothy the
wife of Robert Holt lay at that time which was laid by the fire
And further this Depon' Saith not
The mark of Humphry Howell
Jurat 6 Novembr 165 1. coram me Nicho Gwyther
p. 23.1 John Medcalf Gent deposeth that he heard Dorothy Holt to
cry for many Curses to God against her husband, that he
might rott limb from limbe, and that She would daily pray to
God that Such Casualties might fall upon him, and likewise
that her Son Richard might end his days upon the gallows.
And further this Depon' Saith that otherwise then by hearsay,
he knoweth nothing of Incontinent Lewd or Adulterous prac-
tices betwixt Edward Hudson and the Said Dorothy, and
further deposeth not
Jurat 6 Novemb' 1651 coram me Tho Hatton
The Deposition of Henry Cox taken .in open Court 6
Novemb 1651 Saith That he lived in house with Robert Holt
and Edward Hudson from about the beginning of August last
till about the Middle of October following and that he doth
Cotirt aitd Testamentary Business, 1 649-50. 1 1 1
not know of any difference or falling out betwixt them during Liber b.
that time and this Depon' further deposeth, that he never Saw
the Said Edward Hudson and Dorothy the wife of the Said
Robert Holt a bed together or any Lewd or incontinent action
or passage between them :
The Same Court Continued | Jurat die p'^dict
7° Novemb 1651 — j present as the day before
Edward Hudson and Dorothy the wife of Robert Holt appre-
hended by the Sherriff upon a Speciall warrant at the Suit of
the Said Robert Holt being brought before the Court yesterday
and to day and charged with divers lewd Incontinent and
Scandalous actions and practices appearing by the Several
Depositions of Andrew Watson, Rose Smith, George Dolty
Humphry Howell W John Medcalf, and the S'' Robert Holt
upon Record and by other Intelligence, And the S"* Edward
and Dorothy being permitted to make what defence they could
touching the Misdemeanors charged against them. It is this
present day Ordered that in respect of their Scandalous Course
of life appearing by proof as aforesaid, the Said Edward Hud-
son Shall be forthwith whip't with thirty lashes and not after
the first of January next to live in any place within this Prov-
ince within twenty Miles of S' Maries without the Governor's
licence, and that in Case after the first of January aforesaid he
be found within the Limitts aforesaid without leave of the
Governor as afores'' for every Time he Shall be Soe found p. 235
within the Said Limitts to forfeit to the Lord Propriary 300' of
Tobacco and Caske or be whip't with thirty lashes. And that
the Said Dorothy Holt be forthwith whip't with 50 lashes. And
for prevention of any Mischiefe She may doe to her husband
She is within one week (upon penalty of being Whipt with
thirty lashes) to provide herself of Some habitacon within five
Miles at the least distant from her husband's now Plantacon in
S' Michael's hundred where She may reside for one quarter of
a year next ensueing if She think fit in regard of her Young
Children and, Afterwards She is not to live in any place within
S' Maries County without licence from the Governor upon
penalty for every time She Shall be found within the Said
County after one quarter of a year (without Such licenct;) to
be wiii])ped with 30 lashes, And tliat if before; She iiave
removed herself five Miles distant from the plantacon aforesaid,
She doe or attempt any Injury or Violence to her husband
upon proof thereof to be entred in the Secretary's Office, She
is for every time She Shall Soe Offend to be whipped with
thirty lashes without furdier Order unless the Offence recjuire
a greater punishment, And that if at any time hereafter it be
made appear to the Court that the Said Hudson and She the
112 Court and Testamentary Btcsi>iess, 1649-50.
i.iber B. Said Dorothy, Doe resort together within this Province in any
offensive way this Court will from time to time inHict Such
Severe punishment upon them both or upon him or her that
gives the occasion of the Offence herein as Shall be fitt, pro-
vided that this Order is not at all to restrain the Said Robert
Holt and the Said Dorothy his wife from liveing together as
man and wife ought to doe if at any time both parties Shall
agree thereto but only to prevent any Mischief may happen by
their Comeing together otherwise in regard of the proofs afore-
said, and for the present punishment appointed by this Order
to be intlicted upon the Said Offenders upon their humble
Submission and Suit for pardon acknowledging their great
Offence and faithfully promiseing future amendment the Gov-
ernor is pleased to remitt the Same and Hudson is to pay all
p. 236 f[egg ap,^ charges of Court the Sheriff being allowed 60'
Tobacco for Serving the warrant in regard of his Extreardinary
pains herein —
P -39 Octob' the 12"^ 1651. This Bill binds me, John Jarbo my
heirs Exto" Administrators and assignes to pay or cause to be
paid unto John Pille his heirs Exto'' Adm'" or assignes the full
and Just Sume of Eighteen thousand two hundred and fifty
pounds of good Sound choice merchantable leaf Tobacco of
my own Cropp and Cask with the ground leaves pack't by
themselves and the good and fair Tobacco by it Self and to
ship it aboard of any Ship or Ships that shall be or ride at
!'• 240 Anchor within S' George's River according to the Order which
he or any of them from time to time according to the several
times of payment hereafter menconed Shall appoint or give us,
at the first payment three thousand and Caske the first of
December next ensueiug the date hereof and at the Second pay-
ment Nine thousand and Cask to the first of December following
in Anno 1652, and the other Six thousand two hundred and
fifty and Cask the tenth of December in Anno 1653, and for
the true performance I doe bind my Self, my heirs Executors
Administrators and assignes with our whole Estates of Land
goods and Servants Cattell &c, as Wittness my hand and the
delivery of a dram Cropp in part of my whole Estate
John Jarbo
Test James Langworth W™ Thompson This bill of M' John
The Conveyance above entred was
acknowledged & Subscribed by Jn°
Jarbo upon the Entring thereof before
"■'^ } Teste me Thomas Tur
Tho; Hatton Secret ner P Septemb 22
I 1657.
' Jarbo is Satisfied & de-
livered into the hands
of the S'* M' Jarbo,
Court and Testamentary Business, 1649-50. 113
3'' Novemb William Marshall this day acknowledgeth him- ^'''^'' ^
self to owe to the Estate of M' Thomas Weston deceased one
hundred pounds of Tobacco for a Grinstone bought of him the
Said M' Weston and not yet paid for
25 Nov William Assiter demandeth out of the Estate of
George Manners 200' Tobacco and Cask
25 Nov: William Stone Esq demandeth out of the Estate
of Stephen Samon 1 300' Tobacco and Cask & upwards :
25 Nov: Lieuten' Nicholas Gwyther demandeth out of the
Estate of George Manners deceased 452' of Tobacco & Caske
2^° Dec John Dandy demandeth out of the Estate of George
Manners 522' Tob 44' Tob & Cask -p bill & 2' Tob -p account
due the Last year & 382' -p accompt for this year
Edmond Wormell Gent maketh Oath that he was present
when M's Katherine Hunt deceased made her last will and
testament dated the Sixth day of July last and Subscribed her
Mark thereunto being then of Sound disposeing memory in
this Deponents Judgm' And that this Deponent writt the Said p. 24>
will and Subscribed his name as Wittness thereunto and
further deposeth not
Jurat 3° Decemb 165 1 coram me Tho Hatton
4 Dec. Arthur Turner the younger his Mark for Cattle &
hoggs Viz' Cropt on both Ears and two Slitts in the left Ear
and one in the right
22 Dec Michael Bonsey his Mark for Cattle and hoggs
viz' three Slitts on both Ears.
At a Court held at S' Maries
Secundo die Decembr Anno 1651
W'" Stone Esq Governo' \
P'sent Thomas Gcrrard Esq V M' John Pile
Cap' John Price J M' Thomas Hatton
Wm stnne Fsq pit "k ^ '''^ Dcfd' ackuowledgeth a Judgment
Walter I'akcs, Atini' of I to the p'' for thirteen iiundred pounds of
Stephen Salmon Dcfd. J Jobacco and Cask which the P" demandeth
out of die Estate of Stephen Salmon deceaseil but Execution
is not to pass till a twelve month after die decedent's death
114 Court and Testamentary Business, 1649-50.
Upon the Complayant's demand of
llT^:i^:^:L:^o. \ ffourteen hundred Ninety two pounds
Adm'x of George Manners by f of Tobacco and Cask out of the Estate
Edwd Hall her Attorney Def. J ^^ Qg^rge Manners deceased, Edward
Hall the Defd'" Attorney upon the Complayn'* aoreement to
accept of one thousand pounds of Tobacco and Cask part
thereof appearing to be due by the Decedent's own account
before his death Soe as the Administratrix be allowed the
Remainder Consenteth thereunto, It is thereupon Ordered
that the Defd' Shall pay unto the Complayn' out of the Said
Decedents Eate one thousand pounds of Tobacco and Cask
and that She Shall be allowed the S"* remainder, The p" make-
ing the Same appear to be due. But execucon thereupon is
Stayed till a twelve Month after the Deced" death
John Nicholls demandeth out of the Estate of George Man-
ners deceased one hundred and eighty pounds of Tobacco
payable by bill in November last. And Edward Hall the Attor-
ney of the Decedent's Adm'x acknowledgeth the Debt It is
therefore Ordered that the Adm'x Shall pay the Same to the
Comp'' out of the Deced" estate but execution is thereupon
Stayed till a twelve Month after the Said Deced'^ death
To the demand of M' George Mee out of the Estate of
George Manners deceased, and to all other demands out of
the s'' Estate not already adjudged, Edward Hall the Attorney
of Rebecca Manners the Adm'x desireth respited to make any
Answ' till the next Court, that in the meantime he may peruse
the deed" accompts for his better Instruction therein, which the
Court thinks reasonable and doth Order the Same accord-
ingly, and the Said M' Mee is then to be heard in the first
place, he attending the Court and then moveing for that
purpose
John Meredith pu •) Tile Complayu' prosecutiug agaiust
Mr WiUm Daynes by I the Def upou an actiou of Defa-
George Mee his Attorney Def. J ^.^^on, for that the Defd reported
here that he had heard one Thomas Gutridge in Vir-
ginia Say, that the p'" had got one of his Negroes w''' Child
and that he had a black bastard in Virginia, W^'' Report the
Complayn' Saith tends much to his disgrace and defamacon
W' he values at twenty thousand pounds Sterling, And the
Report being not denyed by M' Geo Mee the Defd'' Attorney
present in Court who Confessed that the Def' acknowledged
that he had Spoken Such words and the Same appearing other-
wise also to this Court, And the Defd' now failing to [jroduce
Court and Testamentary Business, 1649-50. 115
his proofes according to the direction of an Order made in "-'^er la-
this Cause the last Court It is therefore according to the direc-
tion of the Said former Order Now Ordered That unless the
Defd' Shall at the next Court to be held for this County in
January next produce Such proof as May Satisfie the Court
that he was not the author of the Report before menconed,
which if not true, this Court apprehends may tend much to the
Complayn'* discredit, the Def' Shall for the p'" reparacon in the
premisses either appear in person the next Court following and
ask the p" forgiveness in open Court or in default thereof
forthwith after the Said Court pay unto him the Said Comp'' p- =43
ffiteen hundred pounds of Tobacco and Cask.
The Same Court Continued by Adjournment
tertio die Decembr Anno 1651
Upon the proofes produced unto the Court 22''° Octobr last
by John Meredith Shipwright touching the Vacateingof a bond
by him formerly entred to Thomas Hall and Roger Pollin
touching a boat in the Said bond and Deposicone menconed,
and upon reading of the Said proofs. It is now at the Said
Meredith's Mocon Ordered that the Said Bond be delivered
up to him the Said Meredith to be Cancelled.
Mr John sturman Pi. Mr Thomas 1 ^he Said Complayu' John
Daynes by Mr Henry Coursey his At- | StUrmaU his Suit being tO be re-
rd7he^s"d mynes „y his s- [ ^eved ag' the S" Defd' Thomas
Attorn pit Daynes touching a Man Serv'
Wm Johnson & Luke Gardiner Defdts J ^ Qooper by trade, whose time
of service he bought of the Said Defd' and Should according
to agreement have been delivered to him the iS"' day of Octo-
ber last for the Consideracon of 2500' of Tobacco and Caske,
and to have two Years and an half to Serve, and the p'' to pay
unto the Said Serv' ten pounds Sterling at the expiracon of his
Said time of Service according to agreement. And that con-
trary to the Said agreement the Said Serv' hath been hitherto
detained from the Com[jlayant and that it now appeared he
had but twenty months to Serve, and was by Indenture to
have twenty pounds Sterling at the Expiracon of that time
To be relieved therein and to Compell the Defd' to the per-
formance of his bargain and to give the Complayn' Satisfaction
for the time past, Since the Said Serv' was to have been deliv-
ered and damages is the p'" Suit:
To which the Defd' by M"^ Henry Coursey his Attorney in
his Answer not Confessing any thing charged against liim as
aforesaid put the Comi)kiynant to his proofes, And tiie Said
M' Thomas Daynes his Suit by his Said Attorney against the
ii6 Cotiri and Testamentary Business, 1649-50.
Liber V,. Said William Johnson being to be relieved for damages in
respect of the Said Defd'" entertaining of the Said Servant and
detaining him unjustly for the Space of Six weekes and three
days, The s'' Defd' William Johnson by his Answer alleadged
that he had hired the Said Servant of the Said M' Daynes till
p. 244 the last day of Octob' Last And that the Said M' Daynes had
Sold the remainder of the s'' Servants time of Service to him
the Said Johnson whereof he was ready to make proofe,
Whereupon Several Wittnesses were examined in both Causes
as appears upon Record, which Standing thus at issue the
Def William Johnson moved the Court that the tryal might
be by Jury which being granted twelve Jurors were Impan-
elled for that purpose viz' Lieuten' Richard Banks Richard
Nevitt M' John Lewger Anthony Rawlins John Nunne Owen
James Richard Willan Henry Adams John Meredith Robert
Smith Richard Lloyd and Walter Pakes who having made
Choice of the Said Lieuten' Richard Bancks for their fforeman
were Sworn & their Charge given them as followeth viz' That
they Should give in a Just and true verdict to the best of their
knowledges upon the Evidences to be produced unto them on
either party whether the Said Daynes made any absolute or
firm Sale of the Said Servant to the Said Johnson or not But
before the Said Jurors went upon the tryall, the Court
upon the Mocon of the Said M' Coursey for the better Satis-
faction of the Jury declared their opinions to be that a bargain
of that nature could not be binding in Law without a delivery
and Some pledge or Consideracon given in earnest to make
good the Same, whereupon the Said Jurors having Spent
Sometime upon the tryall returned their Joynt verdict as fol-
loweth viz' We find the Servant to remain the p"' And the
Court having Considered the proofs on both Sides in the
Cause wherein John Sturman is p" and M"' Daynes Defd' and
also the Verdict af'^ and upon full hearing what could be
alleadged by either party in both Causes It is Ordered that
the Said Servant be delivered into the possession of the Said
Sturman according to the Said agreem' between him and
Daynes, And that the Said Sturman Shall pay unto the Said
Daynes for the Said Serv' 2500' Tobacco and Cask the Said
IVT Daynes allowing unto the Said M' Sturman eight hundred
pounds of Tobacco and Cask for his damages in respect of
thirty two days want of the Said Servant Since the time he
p. 245 Should have been delivered besides the demand of Satisfaccon
in respect the Said Servant hath not Soe long time to Serve
as he was Sold for, and that he is to have a greater Sufiie of
money at the expiracon of his time of Service then the Said
Sturman was made acquainted with upon die bargain And
likewise that the Said William Johnson besides die Satisfaccon
Court and Testamentary Business, 1649-50. 117
to be given for the time he hired the Said Servant being Six ^iber b.
hundred pounds of Tobacco and Cask Shall forthwith Satisfie
and pay unto the Said M' Thomas Daynes Six hundred and
fifty pounds of Tobo and Cask for twenty Six days time which
he detained the Said Servant after the Expiracon of the time
he Soe hired him as af"" & in respect of the Said Johnson's de-
taining of the Said Servant beyond the Said time which is
conceived to have occasioned the Said Suits he is to pay the
charges of Court in both Causes
- wm smoot pit ) Sedo Dec present as afores**
James Johnson Uedt \ Xhe former Order being read and it ap-
pearing that noe Satisfaction has been yet made to the p'' for
the Bull Segg in question as was directed by the former Order
It is therefore Ordered that the Defd' Shall pay unto the Com-
playn' four hundred pounds of Tobacco and Cask for the Said
Bull Segg Soe killed, by him And the Court declares that the
price is Something Mittigated in regard of the Ofiensiveness
of the beast, which is not intended to be any precedent for the
future to give any Incouragement for the killing of another
man's beast without a Law full warr'
The Deposition of John Meredith aged 27.
years or thereabouts Sworn and examined
in open Court the 23''' day of December 1651 Saith
That being at S' Inego's two or three days before M' Daynes
went away, this Depon' delivered the Said Daynes a note from
M' John Sturman concerning the Cowper's time he under-
standing he had not Soe long to Serve as the S'^ Sturman had
bargained with the Said Daynes for, At the return of the
Answer of the Said Note the Said Daynes did maintain that
the Said Cowper had two years and a half to Serve, and at the
Expiracon of the Said time to have ten pounds Sterling which
the Said Sturman was to pay unto the S'' Cowper and When p. 246
his time was expired which he had hired him out for to William
Johnson which was the 18'" of October as the S'' Daynes
affirmed that then the Said Dayne's his Cozen Mee Should
fetch him and deliver him to the Said Sturman, And the Said
Mee to take bill of the Said Sturman for 2500 and Cask or to
this effect, and further Saith not.
ffor M' John Sturman this dd
John Sturman this my note doth give you full power to
receive the Cow[)er from William Johnson with his Tools he
hath with him there, and the remainder my Cozen Mee hath to
deliver you, and a pair of Shoes, this being al at present I rest
Tho Daynes
I desire you to give my Cozen Mee a )
receipt w"" a Bill for 2500' of Tob & Cask )
ii8 Court and Testamentary Busiiiess, 1649-50.
f !'• Septemb 30"' 1651
M"^ George Mee maketh Oath that the Note above written
was delivered to him by M' Thomas Daynes above named
who desired him this Depon' to deliver the Same to John
Sturman
Sworn in open Court 30° Dec 1651.
Edmond Lindesey aged about 26 years Sworn
and Examined on the behalf of WiHm Johnson
in open Court the third day of Decemb 1651
Saith as followeth
That he was present when there was Some Consultacon
between M' Thomas Daynes and M' John Sturman about
October last touching the Said Sturman's buying of the Ser-
vant in question of the Said Daynes, the Said Daynes calling
this Depon' unto him and Saying he had promised William
Johnson the S** Servant and that the Said Johnson not being
there, he could not tell how to dispose of him in regard of his
Said promise and that John Sturman had bid him 2500' Tob
for him but in respect he was to make the most of the Chil-
dren's Estate and in regard of his Said promise to Johnson, he
further Saith to this Depon' that if WiHm Johnson would give
him one pound of Tobacco more then the S"* 2500' Tobo he
Should have him And asking this Depon' whether he was then
goeing to William Johnson's house, and this Depon" answering
he was, he wished this Depon' to tell the Said Johnson Soe
247 much, All Which or the Same in Effect this Depon' averreth
upon his Oath to be true and further Deposeth not
Edmond Lindesey again Sworn and examined
the Same day in Court on the behalf of John Sturman
Saith
That Soe far as he can remember he never heard M' Daynes
Say that he had Sold to John Sturman the Servant in question
or to express any words to that purpose Save that he told this
Depon' at the that if William Johnson had him not
John Sturman Should.
Edward Turnor aged about 20 years Sworn and examined
in open Court the third day of December 165 1 Saith
That he was present when William Johnson this Depon'^
Master hired a Cowper of M' Thomas Daynes at which time
the Said M' Daynes in this Depon'" hearing agreed that the
Said William Johnson Should have the Said Cowper till the
Last of October last, and further deposeth not.
^ The Defd' William Johnson maketh Oath that he hired the
Cowper (now in question) of M' Thomas Daynes till the last
Court and Testametitary Business, 1649-50. 119
of October last past, and was to pay for him for that time 600' Liber b.
of Tobacco and Caske
Sworn in Open Court 3° Dec 1651.
The Governor appointeth the next Court to be held
the 20''' of January next.
These presents testifie that I John Pille have Sold and deliv-
ered unto my brother Jarbo my house and Land lyeing in New
town and my Land at Port toback he being to pay the Survey
and Patent and all my household goods provisions and Victualls
as Corne butter Cheese &c and also my Servants two Cows
five Cow Calves three Bull Calves, one yearling bull Supposed
to be in the woods two Sows five Gilts and their Piggs one
barrow and boar with all other goods or Chattells belonging
unto me excepting my wearing Cloaths and my wives my bed
and all that belongs to it, and three Truncks with the goods
contained in them my whole Cropp of Tobacco and my debts
one Chamber Pott and a Pint pott and Such of my books as I p- =48
shall think fitt. And I doe avouch the Sale and ratifie and confirm
the delivery of all things (except the before Excepted) As
Wittness my hand this i 2"' of October 1651 : John Pille
Wittness James Langworth
The Deposition of John Prince aged 35 years
or thereabouts Sworn and Examined Saith
That he was present when George Manners and George
Mee perfected accounts between them being two days before
the S'' Manners death, one Accompt this Depon' made perfect
between them the Said Manners and M' Mee upon which ace'
there rested due from George Manners to George Mee three
hundred and Seventy pounds of Tobacco, which George
Manners allowed of to be a just debt, also the said George
Manners did allow of four hundred and twelve pounds of
Tobacco and Cask due to George Me from him upon a later
account from his book and further Saith not
Jurat 2''° Deccmbr 165 1 coram me
Tho: llatton
The Deposition of John Prince aged 35 years or
thereabouts Sworn and exam'' Saith
That Henry Potter came to this Deponent, and desired this
Depon' to open a Cow which was dead, which Cow the Said
Henry Potter had from MT'",ltoiihead and was delivered to him as
to be with Calf as George Manners and 1 leiiry Potter told diis
Depon' And when this Depon' opened the Said Cow there was
1 20 Court and Testamentary Business, 1 649-50.
Liber B. noe Calf that this Depon' could find in her tho' he Searched
the Cow to the full which was Some time in June last and
further Saith not
Jurat 1^° die 1651 coram me Tho Hatton
The 12''' of ffeb'y 1650
26 Dec Memorand It is agreed the day and year above
written between William Mitchell Esq and Robert Kadger
both of the Province of Maryland, That the Said Robert Kadger
Shall pay unto the Said William Mitchell before his departure
for Holland ffourteen hundred pounds of good Sound Mer-
chantable Tobacco in Cask over and besides eleaven hundred
p. 249 pounds of Tobacco and Cask w^'" The Said Robert Kadger
doth hereby assigne unto the Said William Mitchell, now
remaining in the hands of Edward Hall, And Shall likewise
deliver unto Richard Hodgskins to and for the use of the Said
William Mitchell, three Steers now in the possion of the Said
Robert Kadger two of them being five years old a peece and
one four years old. And Shall likewise deliver or Cause to be
delivered unto the Said William Mitchell or his assignes upon
demand after the arrival of the Said W"" Mitchell or his
assignes from England in the Province of Maryland three well
grown barrow hoggs or the age of two years and Upwards and
twenty five Shoats or Young hoggs that Shall be of the age of
one year apeece the tenth of January next Comeing, In Con-
sideracon whereof the Said William Mitchell doth hereby
Coven' promise and Grant to deliver or Cause to be delivered
unto the Said Robert Kadger within ten days next ensueing
his Serv' Vincent Atcheson to remain with the Said Robert
Kadger as his Serv' untill the Said WiHm Mitchell Shall return
or Send out of England And upon the next arrival of the Said
William Mitchell or his Assignes from England Into the Said
Province the S'^' William Mitchell or his assignes, Shall deliver
or Cause to be delivered unto the Said Robert Kadger three
able Sufficient men Servants, Such as the Said Robert Kadger
Shall Chuse out of all the Servants that Shall then be trans-
ported upon the Said WiHm Mitchell's account (Tradesmen
excepted) to Serve the Said Robert Kadger for the term of
ffour years according to the Custome of the Countrey, And in
Case of not performance thereof, or noe Servants Soe to come
in before the first of ffebruary next. The Said William Mitchell
doth hereby assigne unto the Said Robert Kadger his S** Ser-
vant Vincent Atcheson, and any two other Servants of the S''
W'" Mitchell now in Maryland which the Said Robert Kadger
p. 250 or his assignes Shall Choose for the remainder of their termes
W^'' they Shall have then to Serve In testimony Whereof the
Court and Testamentary Business, 1649-50. 121
parties to these presents have hereunto Set their hands the day •-''
and year before written W"" Mitchell
Wittness W"' Eltonhead Rich''
Hodgskins John Henshawe
Know all men by these presents that Wee William and
Thomas Daynes of Virginia Merchants Doe hereby authorise
Constitute and appoint our Loveing ffriend Henry Coursey
our true and Lawfull Attorney for us and in our name to ask
demand Recover and receive, All Such Tobacco's as Shall be
due to us as Administrators to M' Walter Coopers and M's
Ann Cooper's Estate deceased by any party or parties to Sue
and arrest implead and imprison and out of prison again to
Release, and acquittance or acquittances or other discharges in
our name to give make, and in our name upon receipt of Sat-
isfaction of the afores'' debts, ffurther authorising and by these
presents giveing unto our s'' Attorney full power to execute
and perform all Such, thing and things as Shall be expedient
and necessary to be done in the pies as We our Selves were
personally present, And what our s'' Attorney Shall doe in the
afores'^ premises, We Willm & Thomas Daynes doe bind our-
selves our heirs or Assignes to allow ratify and Confirm, Witt-
ness our hands this third of November 1651
W™ Daynes:
In the presence of Cornelius LLoyd Tho Daynes:
W" Wells.
This Indenture made the first day of Jan'y Anno 1650, Be-
tween W" Stradder of the one party and Walter Cooper Gent
on the other party Wittnesseth that the S'^ Willm Stradder
doth hereby Covenant with the S** Walter Cooper his Exto's
or Assignes to Serve him the Just and full terme of two years
and Nine Months in the Barbadoes or Virginea next ensueing
the date hereof. In Consideracon whereof the Said Walter
Cooper doth hereby Covenant and grant to and with the Said
William Stradder to pay for his passage and to find and allow
him meat drink and apparell & lodgeing with other necessarys
during the S'' term and at the end or expiracon of the Said
term to pay or Cause to be paid to the S'' VV"" Twenty pounds
Sterling or the Value thereof in that Countrey's Commodity p.
at the prices Current, In Wittness whereof the parties above
menconed to these Indentures have Interchangably Set their
hands and Seals the day and year above Written
Sealed and delivered in the ) The mark of W W'" Strader
p^sence of Joseph Manning
Abraham Pope
122 Court and Testamentary Business, 1649-50.
8° January 1651 — John Shertclifif this day entreth upon
Record, one black Cow Calfe about eight Months old Crop't
upon the left Ear and a piece Cut away Square underneath,
and the right Ear over keel'd and Slitt, And is for the use of
Anne the Daughter of the Said John Shertcliff by the Gift of
Ann the now wife of Lieu' W" Evans.
To the much respected Cap' W"" Stone Esq
Governo' of Maryland — These p'sent, at Maryland —
Cap' William Stone as Attorney to my Sister M's Margarett
Brent, I doe hereby warne and appoint you to depart from her
house at S' Maries, and leave it ffree to her own dispose by
the first of ffebruary next Soe I rest, desirous of your ffriend-
ship
Jan'y s'** 1651. Giles Brent
These presents testifie that I William Hardwich of Nominy
doe Constitute my friend John Sturman to be my true & Law-
full Attorney in all Causes depending with as much power and
LawfuU authority as any Attorney can have as well for Zepha-
niah Smith as for mySelf to all intents and purposes whatso-
ever, as Wittness my hand this lo"*" day of January 1651
Witness being present John Wade ^ W"" Hardwich
Tho: Yaulle ]
10 Januarij: M's Katherine Hebden demandeth 140' Tob
& Cask for Phisick out of George Manner's Estate
20 Januarij — George Dolty demandeth 1 200' Tob & Cask
due p bill out of George Manners his Estate
20 Januarij — George Dolty demandeth 200' Tob & Caske
due p bill out of George Manners his Estate
21 Januarij — ffurther time till next Court given to John
Nicholls to bring in the Inventary of Thomas Maidwell's Estate.
28 Januarij John Medley his Mark for Cattle and hoggs
viz' The right Ear underkeeled and a peece taken out of the
Middle of tlie left Ear on both Sides round.
J This present writing Wittnesseth that I ffrancis Vanenden
doc hereby assigne unto his Lordps Secretary M"' Thomas
Hatton all Such Tobacco's as are due and unpaid to me the S''
ffrancis from Cap' Robert Vaughan Zachary Wade M' George
Couri and Testamentary Business, 1649-50. 123
Puddincrton M' James Cox and Phillip Hyde or any of dieni Liber
for Ordinaries at the Assembly held at S' Maries in the years
1 649 and 1 650 or at any other time Wittness my hand this 1 7""
day of ffeb'y 1 65 i
In the presence of John Metcalf 1 ffrancis Vanenden
Nicholas Gwyther j
Att a Court held at S' Maries the 20"' of
Jan^ 1 65 1,
present M' Thomas Hatton Secretary ) M' W" Eltonhead
W"' Stone Esq Governor j Cap' John Price
Henry Adan,s one of the Trustees ) ^he Comp" aS ffeoffee in TrUSt
of Thomas Green Esq deced pit [ of the Estate of Thomas Green de-
Mr Phillip Land uefdt j ^^^^^^ g^^^,^ ^^ y^^ relieved against
• the Defd' for 500' Tob and Caske remaining due (as he
alleadgeth) upon a Bill of 1470' Tob and Cask dated the 23"'
of November 1649 ^"^ payable upon demand, and arbitrated
at 1200' Tob and Cask, To which M' Land the Defd' acknowl-
edged! the Bill and Arbitracon but denyeth anything to remain
due thereupon, And being not able at present to make proofe
of payment desires time till next Court for that purpose, which
is Ordered accordingly and in default of Sufficient proofe then
to be made, the Court will then proceed to give the Com-
playn' reliefe.
w.n Hardwich p John s.urman ) The Compkyu' by his S^ Attorney
his Attorney I'lt I Sueth to be relieved ag' the Def' for
Mr Phillip Land Uefdt j ^^^ hundred and forty pounds of To-
bacco and Caske due by Bill dated 10"' Octobr 1650 which
Tobo was the remainder of a Lavy and assigned by ffrancis
Vanenden to M' Hallowes Anno 1648, And the Defd' Con-
fessing the Debt It is Ordered that he shall forthwith pay unto
the S'^ Comp'' his Said Attorney or assignes die Said ffive
hundred and forty pounds of Tobacco and Cask with Court
charges
Execuco mde ad Sadsfaccend. Satisfaccon is reced upon
this Judgment of M' Land according to the p'" appointm'
by me
Tho Hatton Seer Sept 1° 1652.
Memorandum That in the Margin of the Orriginall Record
book ojjposite to the Last foregoing Entry, is entred as
followeth viz
I acknowledge Sadsfacdon upon this Judgm' and take M'
Hatton for my paymaster 22 Novemb 1652.
W" Hardich
124 Court and Testamentary Business, 1649-50.
^- I acknowledge my Self Satisfaction by M' Hatton touching-
the debt from Phillip Land above menconed. Wittness my
hand this 2'^ of March 1653 Will Hardich
Upon the Motion of John Hatch Attorney, of William
Andrews Esq Shewing that Whereas by an Order of the 20'''
of March last Robert Brooke Esq was adjudged to pay unto
the Said M' Andrews 3400' tob and Caske he the Said Hatch
upon the Said M' Brooke's importunity and Serious promise of
Satisfaction with recompence to the Said Hatch for his pains
in trouble in this Suit, had hitherto forborn to take fourth
Execucon upon the Said Order, and in respect there was not
yet Any Sherriff Appointed for Charles County where the Said
M' Brooke lived moved that an Execucon might issue out
upon the Said Order, and that power might be given to Some
Sheriff or other Officer for the Serving thereof, And that the
Said M' Brooke might be Ordered to give him the Said Hatch
Some reasonable Consideracon for his pains & Charges in
Solliciti ng this Suit, It is thereupon Ordered, that Execucon be
made out accordingly, and that the Sheriff is thereupon together
with the Said debt and Court charges to leavy also one hun-
T 1 ^ A ,t .• c .• T, «, i^T dred and fifty pounds of
I acknowledge myself satisfaction by Mr Hatton t^ i j /^ i r
touching the Ut from Philip Land above men- lODaCCO and Lask tor
tioned Wittnessmy hand this 2d of March 1653 Satisfaction of his the
Wm Hardich <- • , , i , , ■ ,
oaid Hatch s pains and
charges of Solicitacon aforesaid, and Lieuten' Nicholas Gwyther
is by the Governor hereby appointed and authorised for the
doeing of all the Sheriff's business for Charles County afores''
till further Order.
Upon Mocon made unto this Court this day on the behalf of
his Lordp by M' Thomas Hatton his Lordp's Attorney General
declareing, that Whereas in an Act of Assembly of the 29"' of
April 1650 Concerning deserted plantacons there is an Excep-
con on the behalf of Orphans under Sixteen years of Age as
54 by the Said Act on Record appears. And that upon Culor of
that Excepcon there is claime made to Some Manners Lands
and Plantacons within this Province (on the behalf of Orphans)
which otherwise had been forfeited to his Lordp by vertue of
that Act, and noe Course hitherto taken on behalf of Such
Orphans either for payment of the Rent arrear or for Seating
thereof Soe as there may be a probability that his Lordship
may be hereafter Satisfied his Said arrears or the ensueing
Rents the Lands hereby also lying waste which Otherwise
might have been Seated for the better Security of the
Common wealth, And therefore the Said Attorney General
desired, that this Court would appoint Some Course by way
Court and Testamentary Business, 1649-50. 125
of extent or otherwise whereby his Lordp may be Satisfied his ^^^" '
Said Rent arrear and be Secured touching- the ensueing Rents
as they Shall become due for all Such Manors Lands and Plan-
tacons before menconed and the Inconveniency to the Common
wealth avoyded, It is thereupon Ordered that for all Such
Mannors Lands and Plantacons within this Province belonging
to any Orphans which otherwise had beene before this time
forfeited unto or grantable by his Said Lordp by vertue of the
before menconed Act of Assembly of the 29"'' of Aprill 1650,
and the rent arrear not yet paid, his Said Lordp his heirs and
assignes Shall from henceforth have the Same in extent for
thrice that number of years for which the Rent for Such Man-
nors Lands and Plantacons hath been and is arrear and unp*^
respectively, and that his Lordp his heirs and assignes and his
or their Attorney General or other Officer here authorised
under him or them for that pur])Ose for the time being Shall
have power to Lease or Grant all or any Such Mannors Lands
and Plantacons or any part thereof to any person or persons
having liberty to take up Land here by vertue of his Lordps
Condicons of Plantacon for Such number of years as aforesaid
or for any lesser time, And this present Order to Stand in
force to all intents and purposes therein menconed untill By p. 255
Some Assembly to be held for this Province hereafter Some
other Course be taken for his Lordps Satisfaction in the
premisses.
Upon motion made into this Court this day by his Lordps
Attorney General on the behalf of his Lordp Shewing that the
payment of his Lordps Rents hath been of late years very
much neglected by divers of the Inhabitants here, and that
Several proclamacons heretofore published touching the Same
had been much Slighted and contemned, to the great Injury
and dishonour both of his Lordp and the Governm' And that
there was not any Set known Course nor certain known ffees
or allowance to the Sherriff or his Deputy or any Bayliffor
other Officer to be imployed by his Lordp or his Attorney here
upon distress or leavy for any Rents arrear w''' he conceived to
be the occasion of the neglect and contempt afores"" And that
by Act of Assembly touching the Sheriffs ffees. It is left to the
Court in Case of an extraordinary warrant or Comission to
appoint the ffee. To the end diereforc that his Lord might have
Justice in the premisses touching the due payment of his Said
Rents and arrears, the Said Attorney moved that the Court
would grant Such power and appoint Such ffees and allow-
ances to the Officers to be imployed therein as Should be fitt.
It is therefore Ordered that for all or any Rents or arrearages
now due or impaid to his Lordp lor any Lands within this
126 Court and Testamentary Biisiness, 1649-50.
Liber B. ProvInce the Several Sheriffs of each several County, and his
and their Deputy or Deputys for the time being who Shall be
employed by his Lordp or his Attorney General or Other
Ofificer thereunto authorised for the time being for the Col-
lecting or Receiveing of Such Rents and arrears Shall have
power to distrain for or Leavy the Same or any part thereof or
in value by way of execucon together withall ffees and charges
relateing thereunto hereafter expressed upon any the goods
Chattells or debts within this Province of the party or party
from whome Such Rents or arrears are due respectively or
upon any the goods Chattells or debts to be found upon the
Land for which Such Rent or arrears are due of any Tennant
or dweller thereupon not exempted therefrom by Some warr'
p. 256 or Comission from his Lordp or his Lieuten' or Attorney or
other Officer here authorised thereunto) And that in Case the
goods Chattells or debts Soe distrained or Leavyed be not in
kinde, the Said Sherriff or his Deputy is with what convenient
Speed he can to cause the Same to be valued or appraised by
the Oaths of two Sufficient men to be administred unto them
by Such Sheriff or deputy who is hereby authorised for that
purpose, or by any Comiconer thereunto authorised, and Soe
much as Shall be found upon Such valuacon to be over and
above the Said Rent or Arrears ffees and charges the Said
Sheriff or his Deputy is to return to the owner if he be to be
found, or else to leave it where he made the distress or leavy.
And that in Case noe Estate can be found leavyable for the
purpose afores'' that then Such Sherriff or Deputy may take
the parties from whome Such Rent arrears ffees or charges are
due in Execucon, and him or her to detain in Safe Custody till
Satisfaction be made therein or other Order to the Contrary,
And that the Sherriff or his Deputy imployed as afores** Shall
be allowed for every distress or leavy by way of Execucon
before menconed the Same ffees as are allowed upon other
Execucons or Attachments, And in Case he be put to much
trouble or travail by Land upon one particular Occasion in that
kind he is to be allowed for every day he Shall necessarily
Spend thereupon thirty pounds of Tobacco and Cask, And if
he imploy Boat and hands therein Sixty pounds of Tobacco
and Cask qj day besides his ffee of Execucon from the party
makeing defalt in payment as af** But in Case of imploying
boat and hands upon Several Occasions of that kind, then to
be allowed for every time he Shall Soe imploy boat and hands
for that purpose from every person from whome any Such
Rent is due or arrear to his Lordp holding any Lands distant
from S' Maries or any other respective place of receipt ten
Miles by water and under, 10' of Tobacco and Caske And if
20 Miles or under and above 10 Miles 20' of Tobo & Cask
Court and Testamentary Business, 1649-50. 127
And if 30 Miles or under and above 20 Miles 30' of Tobo & Liber b.
Caske besides his ffee of Execucon And Soe proportlonably
for any greater Number of Miles, he goeing upon die Lands
or to the party's house to demand or leavy the Same and doeing
his Endeavour therein.
Thomas Busheii pit 1 The Complayn" Suit being for a Suf- p- 257
{friendship Tongue Deft / ficient Servant either between 12 & 16
years of Age for Seven years Service or upwards or between
18 & 24 years of age for four years Service which the Defd'
and George Manners deceased did by Covenant under hand
now produced agree to deliver to the Complayn' by the 25''' of
December last, or for want of Such a Servant, the Complayn'
prayed the Def' might be ordered to pay him in value as Such
a Servant may be now bought for and damages. And also for
three hundred pounds of Merchantable Tobacco and Caske,
for paym' whereof the tenth day of December last, the Said
Defd' and Manners became bound by their bill dated 22^^° July
1 65 1, And the Defd' Confessing both the Said Several debts,
It is Ordered that he the Said Defd' Shall forthwith deliver
unto the S"* Complayn' a Sufficient Servant as before is
expressed or the value of Such a Servant as aforesaid, And
Shall also forthwith pay unto the Said Complayn' The Said
three hundred pounds of Tobacco and Cask with Court
Charg-es.
,,,.„. „ ,:. , , Rebecea Manners the Widow & Adm'x
William Stone Esq pit T .
The Adm^-x of George \ of George Manners deceased moved the
Manners deced deft j Q^^i^j j]^^j Whereas by an Order made in
this Cause 2''° Dec last She was to be
allowed four hundred ninety two pounds of Tobacco and Cask
in that Order menconed, the Governor being p'' makeing the
Same appear due, who this day .produceing his account in
open Court whereunto noe objection was made by any of the
Credito's, And prayed that it might be allowed unto her
according to the Governors Gift and direction of the Said
fformer Order, which is now Ordered accordingly.
Thomas Hatton Gent Assignee ) '^''^^ p" Sueth for 370' tob and
of Anthony Uawiins pit I oue Caske duc out of the decc-
The Admrs of George Manners Def ) ^^^^^ ^ ^::^^^^^ ^^ Anthony Rawlins
by Bill now produced payable lo Nov: Last, And the Defd' not
denyeing the debt And the Said Rawlins now present in Court
and averring the Same upon Oath to be a Just debt, It is
Ordered that the S"* Defd' Rebecca Manners the Administratrix
Shall pay the Said three hundred and Seventy pounds of p. 258
128 Cotiri and Testamentary Business, 1649-50.
Liber H. Tobacco and one Cask to the S"* Complaynant his Executors
or assignes at the Expiracon of the tune Limitted
by the Custome of the Provhice for payment ot
debts out of a Decedent's Estate
Edward Hall pit 1 The Complayn' Sues for Seventeen
The Wido Manners Defdi I hundred pounds of Tobacco & Caske
due to hun by bill now produced out of the Estate of George
Manners deceased whose Adm'x the Defd' is, And
the Defd' not denyeing the debt and it appearing
to be due by the Decedent's account annexed to his will upon
Record, It is Ordered that the Defd' Shall make paym' thereof
accordingly out of the decedent's Estate after the time limitted
by the Custome &c.
..}
The Complayn' Sues for one thousand and
fifty pounds of Tobacco and Caske due to
him out of the Estate of George Manners deceased by Bill and
fifty more for Cheese Sold appearing upon account payable the
lo"' of November last. And the Administratrix being not able
to object to any thing to the Contrary, It is Ordered that She
Shall pay unto the Defd' out of the Decedent's Estate Eleaven
hundred pounds of Tobacco and Caske after the time limitted
by the Custome &c
John Hatch Auorney of •) The Complayn' Sues for Six hun-
skipperAbraham Johnson pit I drcd pouuds of Tobacco and Caske
Henry Tountney Dcfdt J ^y^^ remainder of a greater quantity
due by Bill to Skipper Abraham Johnson and the Defd' Con-
,.j fessing the debt is Ordered to make present pay-
biU Cancel d ^ri r-'ir-- i i i itt-i
ment of the Said Six hundred pounds of lobacco
and Cask to the Complayn' for the use of the Said Johnson
and the Bill to be delivered up to be Cancelled.
Henry Pomitney pu 1 The Complayuant Sues to be relieved upon
Wido Manners Dcfi/ the Estatc of George Manners deceased for
Six hundred pounds of Tobacco and Cask for which John
Match Attorney of Skipper Abraham Johnson hath obtained
Judgm' ag' him the Said Complayn' and damages, from paym'
whereof the S'' Manners by a Note under his hand appearing
upon Record ingaged himself to Secure the Complayn' And
he the Said Comp'' averring the truth of the Matter upon Oath
in open Court, And the Defd' not being able to object any-
p. 259 thing to the Contrary, It is Ordered that The Complaynant
shall be paid the Said Six hundred pounds of Tobacco and
Cask and Court Charges in the Suit betwixt him and Hatch
touching the premisses out of the Estate of the Said Decedent
Manners after the time limitted by the Custome &c
Coiirt and Testamentary Bttsuiess, 1 649-50. i 29
Upon Reading of a former Order of this i-'^^^' ^■
Court made in this Cause 20 October last
and of the Deposition of ffrancis Morgan in the Said Order
Menconed and now induced into this Court by the p'' accord-
ing to the direccon of that Order whereby it appeared that the
whole debt menconed in that Order remained Still due It is
therefore Ordered that the S** Defd' Shall forthwith pay unto
the Said Complayn' the Seaven hundred eighty and eight
pounds of Tobacco and Cask menconed in the former Order
with Charges of Court, And the Bill is to be delivered up to
be Cancelled.
1 Cap" ffrancis Morgan of York County in Virginia doe in
Answer to this within Order of Court granted at S' Maries in
Maryland the 20"" of October 1651 Concerning a debt due by
Bill assigned over to Nicholas Cawseen due from W" Smoot,
That I the Said Morgan did never by my Self or by any Other
for my use receive any pay or Satisfaction for the Said within
debt of 1 188' tob and Cask or any part or parcell thereof from
the Said Smoot or any for him But that it was intire and
wholly due when I assigned it to Cawseen, To the which I
have deposed in our County Court held at York this 24"^ of
November 165 1 ffrancis Morgan
Jurat in Cur Test Rob Bouth CI. Cur
Cnpt Edward Hill by John iiaiiowes ■) The Compkyn' Sues for three
his Attorney pit l Gunns delivered to George Man-
The Widdow Manners Def. J ^^^^ deceased by M' Copley to
keep for the p'" use, to which the Defd' the Adm'x alleadgeth
She knows not of any Such Gunns, Whereupon Nicholas Keet-
ing (at the request of the Said Hallowes) deposed on the P'"
behalf in Open Court that he heard George Manners Say he
had three Gunns in his Custody which belonged to Cap' Hill,
and that he the Said Keeting had made use of two of them a
Short and a long Gunn, It is therefore Ordered that the S'' p-
three Gunns be delivered to the Said Complayn' or to his S''
Attorney for his use and to be left out of the Inventary of the
Decedent's Estate
George Mee pit \ The Comp'' Sues for Seven hundred
Widdo Manners defdt } eighty two pouuds Tob & Cask out of the
Estate of George Manner deced and proved by the Oath of
John Prince upon Record, And the Defd' Rebecca Manners
the Adm'x not being able to make any objection to the Con-
trary It is Ordered that die Complayn' Shall be paid his Said
debt out of the Decedents Estate after the time limitted by the
Custome &c
130 Court and Testamentary Business, 1649-50.
„ ^, _, , „ . The Comp'' by his s"* Attorney Sues
M' Thomas Daynes by George) .,".-'. . . ■> ,
Mee his Attorney Comp" \ for nine hundred ninety eight pounds
Kebecca Manners Wido Uef. ) ^f '^^^3 ^^d Cask due tO him by Bill
(now produced) out of the Estate of George Manners deceased,
And the AdnVx objecting nothing to the Contrary
Bill cancei'd j^ .^ Ordered, that the Said debt be paid out of the
s"^ Decedents Estate after the time limitted -p Custome &c
Cap. Wm Hawker p Geo Mee ■, Th^ Comp'' SueS for tWO hundred
his Attorney Comp't \ pounds of 1 obo & Caskc due to him
Kebecca Manners wido Def ) ^^^ ^f ^j^^ deCcdeUt's Estate, And the
Adm'x acknowledgeing the debt It is Ordered to be paid ac-
cordingly out of the Decedent's Estate ut Supr.
Walter Beane pit I The Comp'" Suit is for Six hundred pounds
Wido Manners defdt / of Tob and Cask acknowledged to be due by
the decedent George Manners his accompt with his will upon
Record being the remainder of a greater debt, -p bill, And the
Defd' makeing noe objection to the Contrary Is Ordered to
pay the Said Six hundred pounds of Tobacco and Caske out
of the Decedent's Estate to the p" after the time limitted -p
Custome &c And the p" is to deliver up the Bill to be Can-
celled.
Abraham Johnson Marriner by ) The Comp" by his Said Attorney
John Hatch his Attorney pit \ Sues for thirteen hundred twenty
Keb Manners W,do Defd. ) ^j^^.^^ pounds of TobaCCO and Caske
due to him from George Manners deceased by Bill payable the
Bill Cancei'd '°"' ^^^ November 1649 And the Defd' the Adm'x
makeing noe objection to the Contrary It is Ordered
that She Shall make payment of the S'' one thousand three
hundred twenty and three pounds of Tobo & Cask accordingly
at the expiracon of the time limitted &c
I, 2f>t n M,r 1.,: u n ^ The p" by his Said Attorney Sues
p. 201 Cape Wm Mitchell p ^ ^ • i , "^ i , , r -i- ,
MrCuih:ffenwick his 1 lor eight hundred pouuds of lobacco
Attorney ph \ & Cask & five barrells of Corneas
Kebecca Manners wido Del' J , . „ . . , . ^^
due out of George Manners his Estate
by accompt acknowledged upon Record, And the Administra-
trix makeing noe objection to the Contrary It is Ordered that
She make payment thereof accordingly out of the Decedent's
Estate at the expiracon of the time limitted -p Custome &c.
Mr Andrew Painter by John ) The Coiiip'' by his Said Attorney Sues
stnrn.an his Attorney pit I for three huudrcd thirty four pouuds of
Ihe Wido Manners Uctd. ) j^^ ^^^ ^^^^^^ ^^^ ^ ^^jjj ^^^^^ ^^^^^^
Court and Testamentary Business^ 1649-50. 131
Manners the 10"* of November last now produced and forty p Liber 1
accompt, and noe objection being made to the Con-
trary It is Ordered that the Defd' the Adm'x make
payment of the Said three hundred Seventy and four pounds
of Tobacco and Caske to the p'' or his Attorney or assignes
out of the deced estate
Cap. Jo= West Cap. Rob. Abell 1 '^"h^ Comp"^ Suit being for lOOO'
by MrCuth: ffeuwick Attorn pi. [■ 1 obo & Cask p Bill, And the Defd'
Pavid o uoughorty DefcL J i^^j^^ arrested The Sherriff alleadged
he could not bring him to appear this Court by reason of Some
lameness and Other hindrances, It is therefore Ordered that in
Case the Defd' having notice hereof Shall not by himself or
his Attorney appear and Answer his Suit the next Court, the
Court will then proceed to give Judgment upon the Bill if there
be Cause.
wm Johnson pi. ■) Upou the Mocou of M' Gcorge Mee
Tho uaynes by George \ Attorney for the Defd' It is Ordered that
Mee his Attorney de« j ^j^^ hearing of tliis Causc be respited till
next Court
The Same Court Continued p Adjournment 21 Januarij 1651
Present as the day before
Jan'y 21"'
Mr wm Eaitonhead pi.) The p" Sues for Eleaven hundred Sixty
Henry Potter defd. \ and two pounds of fobacco payable by bill
ete Contra J g^trcd iuto by the Defd'^ and George Man-
ners 5' Maij last the first Stricking of the Cropp, And the
Defd' acknowledged the debt, but prayed that he might be
relieved touching a Cow w''*' in pursuance of a Judgm' of this p. 262
Court of the 19"' of January last he received of M' Eltonhead
as to be with Calf according to that Order as he alleadgeth
which Cow as appears by the Oath of John Prince upon Record
was not with Calf being opened for that purpose And prayed
he might have another Cow and Calf in licw thereof, to which
the now Comp'' made Answer, that he accepted of the S'' Cow
with another in discharge of the Said Judgm' and that he was
„j able to make the Same appear by proofe, and
Bill Cancel'd ^ , . .,, ^ / i i •
Craveth time till next Court lor that purpose. It is
therefore Ordered, that the S'' now Defd' Potter Shall forth-
with pay unto the Said now Comp'' M' Eltonhead the Said
Eleaven hundred Sixty two pounds of Fob due upon the Said
bill, And that the Said M' Eltonhead Shall have time to pro-
duce his proofe touching the Said Cow in question till the next
Court, And then the Court will proceed to give the S'' Potter
relief therein if there be Cause
132 Court and Testamentary Busiiiess, 1649-50.
iber 15. ^,j^,^„ j^uisgy pi, ■> The Complayn" Suit being for three hun-
john Meredith Defdt / dred and ffifty pounds of Tobacco and Cask
due to him from the Defd' (who absenteth himself out of the
Province) for a parcell of Hoggs, and the Sherriff having
attached a Sow and three Shoats of the Said Meridith's
towards Satisfaction of his debt and Court Charges, prays they
may be delivered to him towards Satisfaccon as afores*^ And
that an attachment may be lyable against any Estate of the
Defd'^ here for the remainder. And M' George Mee deposeing
upon Oath in open Court that he heard John Meredith
acknowledge he owed the p" a hhd of Tobacco, and expressed
that he conceived the quantity might be 350 It is Ordered that
the Sherriff Cause the Swine attached to be valued and after
Valuacon in Case they exceed not the debt to deliver them to
the p'' he paying the frees And that for the remainder afores<*
if any be, the p'' may renew his attachment for his Satisfaction
therein w"' Cost of Suit
p. =63 Mr Richard Blunt by Mr ■, The Compkyu' by his Pcticon
Henry Coursey his Attorney pit I Shewing that Whereas the Defd' M'
Thomas Copley Esq Deft J Copley had given entertainment there
to one Nicholas White a Runaway Servant of his the Said Com-
playn" who lived in Virginia and had unlawfully detained him
(albeit the p'' Sent to demand him) one whole Cropp and that
the Comp'' to his great charge was now also come himself
from his dwelling place in Virginia to his very great charge
and damage and purposely upon this occasion. And therefore
prayeth that the Said Defd' might be compelled to deliver the
Said Servant unto his Master possession together w'*" Satis-
faccon for his years Service and for the p'" Great Costs Charges
and damages Sustained upon this occasion. To which the Defd'
acknowledgeth that at the p"' request he took up the S'' Ser-
vant with intent to keep him till the p" Should Send for him,
and that when the Complayn' Sent one Roch for the Said Ser-
vant about the Ninth of June last he did not detain him from
Roch Injuriously, and Conceiveth he gave M' Blunt noe Cause
to be at the Charge of Sending up boat and hands upon this
occasion and that he only ktt out the Said Servant for 750'
Tob for three Months, and was to maintain him with Cloaths
and dyett and that Since he hath been upon his the Defd'^
hands Sick two or three Months.
And it appearing to the Court that Since the Comp"^ late
comeing hither before menconed, the S" Nicholas White the
Servant had absented himself and could not be found and
question being made through whose defalt he had Soe absented
himself. The Complayn' M^ Blount his Said Attorney produced
his proofcs and first the power he gaye to Roch being as
followeth viz.
Court and Testamentary Busittess, 1649-50 133
M' Henry Roch Liter i
I pray doe me the favour if you can possibly light on my
Man Nicholas White -j) name to bring him along with you and
this my Note Shall ingage me to pay you 250 weight of good and
Merchantable Tobacco for Soe doeing if you bring him at your p- 264
return and Soe likewise for Arthur AUings man Wittness my
hand this present of Aprill 1650 p me Richard Blunt
The Deposition of M' Richard Blunt aged 36
years or thereabouts being Sworn Saith
That there was never any bargain betwixt M' Thomas
Copley and the Said Depon' concerning one Nicholas Whight
a Servant now in dispute betwixt the Said M' Copley and the
Depon' neither did this Depon' ever Authorise Henry Roch or
any other as this Depon" Attorney to Sell or dispose of the
Said Servant to the S'^ M' Copley and further Saith not
Jurat 15° January 1651 coram me
Tho Hatton
Marke Livesey maketh Oath that he was present upon
Sunday last in the Evening at the house of Thomas Copley
Esq where he this Deponent then heard the Said M' Copley
pmise or ingage himself to M' Richard Blunt that Nicholas
White whome the Said Blunt claimed for his Servant Should
be forthcomeing and Should be ready to goe along with the
S"^ Blunt and this Depon' the then next morning to the Gov-
ernor's house And that he the Said M' Copley would then
send his Case in writeing concerning the S"^ Servant to the
Governor and further Saith not
Jurat 1 5'° January 1651 coram me Tho: Hatton
And the Governor testified under his hand in Open Court
viz' I doe testifie that at what time Henry Roach came for the
Runaways about June last M' Copley writt me word, that in
Conscience the Servant in question named White could not
be taken from him untill he had Doctor Taylor's Oath pre-
tending he had agreed for him with his Master for 1500' To-
bacco or to that purpose. Jan'y 21. 1651 W"" Stone
M' Copley likewise desired that M' Ralph Crouch's Oath
might be taken on this behalf in this Cause being as followeth
viz:
Ralph Crouch Gent maketh Oath that he heard Jeremy W p- -^s
Copley's Servant tell M' Richard Blunt at his late being there,
that Nicholas White the Servant in question lived at the house
where the Chimney was on fire which was the Ganghouse be-
longing to M' Cropley, and further Saith not
Sworn in Open Court
134 Couri and Testamentary Business, 1649-50.
iber K. After which the Defd' M' Copley desired that the Tryall
might be by way of Jury, upon these two points viz' whether
or noe he the Said M' Copley detained the Servant from M'
Blunt Injuriously when Roche came for him and whether he
the S"^ M' Copley or M' Blunt was the Cause of the Said Ser-
vants later running away or absenting himselfe
Whereupon the Sheriff according to appointm' Impannelled
M' Phillip Land Serj' Mark's Pheipo W"" Johnson M' George
Mee Martin Kirke John Prince Edward Hall Serj' James
Lindsey W" Edwyn John Nicholls ffriendship Tongue and
Serj' George Dolty to be of the Jury who made Choice of M'
Phillip Land to be their fforeman.
Their Charge being given them upon Oath as followeth
(Viz) To give in a Just and true Verdict to the best of their
Judgm' upon the Evidence to be produced unto you by either
party in a Cause depending between M'' Richard Blunt by M'
Henry Coursey his Attorney p" and Thomas Copley Esq
Defd' touching Nicholas White a Runaway Servant, whether
M' Copley detained the Said Servant from the Said M'' Blunt
injuriously when Roch the Messenger Sent by M' Blunt came
for him, and whether M"^ Blunt or M' Copley was the Cause of
the Said Servants late running away.
After which Charge given them the Said Jurors took the
Matter into Consideracon and after Some time Spent there-
upon, and not all agreeing upon the Verdict attended the
Court for further Instruccon which having reced and goeing
again to consider further thereupon not long after returned
their Joint Verdict in these words viz'
Upon the last Evidence Wee find that the Serv' was Inju-
riously detained, M' Blunt depending upon M'' Copley's
p. 200 promise Wee find it to be the Cause of the Servant's now
being absent
Upon the bringing in of which Verdict the Court proceeded
to give Judgm' on this Cause being as followeth viz'
Int Ricum Blunt "p Henr Coursey Attor Sum
queren et Thomam Copleo Ar Deftem.
Upon the Verdict of the Jury in this Cause, and upon the
proofes produced on either party, and upon full hearing what
could be alleadged on both Sides It is this present day Or-
dered and adjudged by this Court, That the Defd' M^ Copley
Shall within one Week now next ensueing deliver or cause to
be delivered to the S'' Complayn' W Blunt or to his Said At-
torney the Servant in question Nicholas White by name
together with one thousand pounds of Tobacco and Cask for
Satisfaccon of the p"^ damages Or in defalt thereof the Said
Def' Shall then forthwith Satisfie and pay unto the s'' Com-
Court and Testamentary Business, 1649-50, 135
playii' his Attorney or assigrnes ffifteen hundred pounds of To- Liter k.
bacco and Cask, and also ffifteen hundred pounds of Tobacco
and Caske more by the tenth day of November next in full
Satisfaction for the Said Servant and all damages Sustained by
the Comp'' therein, And in this Case last menconed It Is Or-
dered that the s"* Defd' his Executors ... or his assignes be
at liberty to possess himselfe of the Said Servant wheresoever
he may be found and him to have hold and enjoy as his or
their proper Servant for the remainder of his time of Service
which he was to have Served the p'' And that the Said Defd'
Shall also pay all Court charges together with one hundred
pounds of Tobacco and Cask to the p'" Said Attorney towards
his pains and Charges in Solliciting this Suit.
Mr John Wade chirurgeonp-i T^^ Comp" Sues for Satisfaction
John Nichoiis Adni"- of Tho \ for the charges he was at in paying .
Maidweii deed Defd. j f^^ ^j^g Decedent Thomas Maidwell
his passage out of England into this Province about three
years Since together with 1 108' of Tobacco and Caske which
he alleadgeth the Decedet owed him upon accompt with dam-
ages and the Defd' the Adm' being not provided of his proofes
craved time till Next Court to produce the Same It is there- p- 267
fore Ordered that the further hearing of this Cause be respited
till the next Court.
Paul Simpson by ffrancis Brookes -, UpOn Mocon made by thc Said
his Attorney con \ ffraucis Brookes and upon reading
Lieutent wm Lewis j ^f ^ Covenant in the Nature of a
of a Judgm' upon Record entred into by Lieuten' William
Lewis to Paul Simpson 21° Janij last for 7095' of Tob and all
Charges And upon M' Secret Ccrtiff that nothing had been
made appear in his office to the Contrary thereof It is Ordered
that Execucon doe proceed thereupon against the said Lewis
for the whole Sume and Charges menconed in that Covenant,
17" ffebr 1 65 1 Execuc ad Satisfaciend con Estate.
Uciiry Pountney !)'< J '\^\\v^ Comj)layn' Sues for ffifteen hundred
Kobe.t Holt Defdt y pounds of Tobacco and Cask due p bill ujion
Record wherein the Defd' Richard Ware and Edward Hudson
are bound for payment diereof to the P'' the tenth of Novem-
ber last And the Defd' confessing the debt It is Ordered that
he make paym' thereof forthwith to the p''.
Upon the Mocon of Robert Holt Informing the Court that
he was by Order of Court and otherwise in forced and was
lyable to pay Several debts to Henry Pountney and others from
payment whereof Edward Hudson luid Secured him by a Cov-
136 Court and Testamentary Btisiness, 1649-50.
Liber 13. enatit under his hand now produced It is Ordered that the
Said Holt be at liberty to take forth an Attachm' ag' the S**
Hudson's Estate for his Satisfaction in the premisses.
28 Januarij Attach inde ad valor 2000' Tob & Cask
ret next Court after Service thereof Sur Accoeni de Case
M' George Mee for his abuse and affront to the Court in
Strikeing Nicholas Keeting near the Court door was fifined 500'
of Tobo & Cask to the Lord Propriary which upon his humble
Submission to the Governor afterwards remitted.
wm Smith pit ) ^ former Order made in this Cause 20
capi wm Mitchell Uefdt [ Juuij last whereby the hearing was respited
p Mr ffen«ick his Attorn ) ^jjj jj^jg Q^^^^ ^p ffeuwick the Defd'^ At-
torney earnestly moved the Court that the hearing might be
yet further respited till he might hear out of England from Cap'
p- 26S Mitchell, alleadging he wanted Instructions And the Comp"
was willing for his Satisfaction therein that the hearing might
be respited till the Next Court unless Cap' Mitchell came in
Sooner Soe as he might be furnished with a bedd in the mean-
time of which he was in extream want, It is therefore by Con-
sent of both parties Ordered, that M' Cuthbert ffenwick Shall
forthwith either deliver to the Comp" a bed bolster and bed
clothes of 600' Tob & Cask Value or else, Soe much Tobacco
and Cask to buy one withall for which the p'' is to be respon-
sible upon the hearing And thereupon the Cause is respited till
the next Court, And the former Order touching M' ffenwick's
Ingag"" is to Stand in force to all intents and purposes till that
time.
Wm Smith pit -) The Comp'' Sues for five barrells of
Capt Wm Mitchell p I Come due from Cap' Mitchell by bill dated
Mr ffenwick Attorn Def) j^ December 1650 now produced which
appearing to be due, It is Ordered that the Defd" Attorney
now present in Court Shall pay unto the p'' out of the Defd'*
Estate the Said five barrells of Corne or the value thereof.
M' George Mee being Sworn this day in
open Court upon his Oadi Saith
That Doctor Waldron Somedme about July last bought a
Ring of ffrancis Brookes wife and was to pay the Said Brookes
wife one thousand pounds of Tobacco for the Said Ring And
further this Uepon' Saith not.
The Deposition of Martin Kirke aged 35 years
or thereabouts being Sworn Saith
- That George Manners comeing to his house Said to him
that M' ffriendship Tongue being the Said Manners mate had
Court and Tesiamentary Business, 1649-50. 137
nothing to doc with the boy by name John Kirk, And this Liber
Depon' made Answer again, what have you taken him all to
your Self, the s'' Manners replyed yes, the boy knows it very
well, and doth not care for the Said Manners partner And
further Saith not
Sworn in open Court 21 Junij 1651. p. 269
The Deposition of John Prince aged 35 years or thereabouts
being Sworn Saith
. That he this Deponent liveing in the house w"' George Man-
ners hath divers times heard him (when his Mate and he had
words) absolutely Say that M' ffriendship Tongue had nothing
to doe with the boy John Kirke by name and forewarned him
not to meddle nor make with him at all and further Saith not.
Sworn in Open Court 21 Junij 1651
Henry Pountney this day in Open Court appointed and
authorised S' Nichas Gwyther to be his Attorney in all Causes
2^° ffebr March the 23"' 1650. This presents Wittness that
We John Nevill and Xpofer Carnoll for and in Consideracon
of two bills reced of Richard Bennett amounting to one thou-
sand four hund'' poupds of Tobacco have Sold and delivered
unto Richard Bennett a Plantacon which formerly was called
by the name of Thomas Peteels bounded with* the South Side
of Popler hill Creek and a Swamp that lies between the Plan-
tation of the above menconed John Nevill and the Plantacon
that he the Said Richard Bennett is possesst withall running
with a Streight line from the Corner of the ffence of the Said
Richard Bennett with all appurtences thereunto belonging to
him the above menconed Richard Bennett and his heirs for-
ever Paying one bushell of Indian Corne -p year or two Shillings
English money and for tlie performance of the Same We the
Said John and Christopher have hereunto Set our hands the
day and year above Written
Signed and delivered in the p'sence of 'I'he Mark of John Nevill
John Wade, John Hatch The Mark of Christopher Carnoll
1 2 ffebr Know All men by these presents that Whereas
Thomas Copley of S' Inego's Esq Standeth bound unto Sev-
eral persons for Several Sufnes of Tobacco and Other Ingage-
mcnts for and with Paul Simpson of the plact;s afores'' in the
Province of Maryland for Security of Such debts as are due
unto the Said Thomas Copley hath ingaged himself for with
the Said Simpson, I the Said Paul Simpson doe here bind
make over what Estate I have visible with all debts which are
due unU) me by Bill Court Order or Accompt in the I'rovince
138 Court and Testamentary Biisiness, 1649-50.
Liber B. of Maryknd or Virginea as his own proper Estate untill all
Inoragements and debts be Satisfied by the S'' Simpson or his
assignes which the Said Thomas Copley Stands Creditor unto
or in any way ingaged himself for for the Said Simpson
Wittness my hand this 4"' of November 1651
Wittness Ralph Crouch Paul Simpson
p. 270 Know all men by these presents that I ffrances Langfield
Daughter of John Langfield late of Little Creek in the parish
of Lynhaven in the County of Lower Norff deceased doe
hereby nominate Ordain Constitute and appoint my trusty and
well beloved ffriend Richard Foster of Lynhaven aforesaid Plan-
ter my true LawfuU and undoubled Attorney for me and in me
name and to my use to ask Levy demand and receive of and
from all or any person or persons within the Colony of Vir-
ginia all or any debt or debts Estate or Estates which are by
ways or means due unto me the Said ffrances within the Colony
aforesaid, as also to take into his hands and Custody all Such
goods Chattells or Cattells as doe of right or ought to apper-
tain and belong to me the Said ffrances, Giving and Granting
my S'' Attorney full power and authority to arrest Sue implead
and Imprison and again to release discharge and out of prison
to Set all or any person or persons which Shall goe about by
any means to detain any part or parcell of my Estate from him
my Said Attorney, And I doe hereby further authorise my S'*
Attorney to dispose of my Said Estate, or whatsoever thereof
he Shall recover and receive as he Shall think fitt according to
my Instructions and advise and finally to doe Execute -pforme
& fullfill All or any Act or Acts thing or things necessary meet
Convenient and Lawfull to be done in and about the premisses
as fully freely and absolutely as I my Self may might w''- could
or Should doe if I my Self were personally present And I doe
and willfully ratifie Confirm and allow whatsoever my Said At-
torney Shall Lawfully doe or Cause to be in or about the
premisses, In Wittness whereof I have hereunto Set my hand
this 8"' day of ffebruary in the year of our Lord 1651.
Signed and delivered in the ) The Mark of ffrances Langfield
p'scnce of Thomas Jackson )
2 1" ffebruarij. An Administration is this day granted to M'
Leonard Strong of the goods Chattells and debts of Thomas
lynney late of Providence in the County of Annarundel &
Province of Mar)land deceased upcMi his Oath to be taken
before the Comander of one of the Comissioners for Annarun-
p. 271 del County in the usual forme ffor true Administracon and to
Exhibit an Inventory into the Secretary's Office by the ffirst of
June next &c and to keep and make a Just account &c
Court a7id Testamentary Business, 1649-50. 139
21 ffebr An Admiiiistracon is this day granted to John Nunne Liber
of the goods and Chattells and debts of Phillip Anther de-
ceased upon his Oath taken for true Administracon and to
exhibit an Inventory by the 25''' of March next upon the
appraisement of Jn° Medley and Walter Pakes or any two
Sufficient men upon Oath And to keep and make a True and
Just account &c in the usual forme.
6'° Marcij An Administracon is this day granted to M' Peter
Sharp Chirurgeon in right of Judith his wife the late widow
and relict of M' John Garie deceased of all the rights goods
Chattells and debts of the Said Decedent upon his Oath for
true Administracon and to exhibit a true Inventory by the first
of June next, And to keep and make a true and Just account
&c in the usual forme And is upon Certiff of the Commander
and Comissioners of Annarundel County upon the file
S-^ upon request of the bearer Doct' Sharp who hath Mar-
ried with the relict of M' John Garie We have thought fit to
certifie you thereof in regard of his present occasion this
opportunity We could not Stay for a Court to have Order,
You may please to grant Administracon to him upon this
Certiff.
Yo' Loving ffriends: Edw: Lloyd: Tho. Mears, Tho. Marsh
ffeb'y 27''' 1 65 1. To Tho Hatton Secretary of State
9° Marcij Henry ffox demandeth 2538' Tob & Caske as
due to him by Specialty out of the Estate of Joseph Cadle
deced
1 1 Marcij William Boarman appointeth M' John Medcalfe
his Attorney to prosecute and defend in his behalfe in all
Causes in Court wherein the Said Boreman is or Shall be con-
cerned
1 7° Marcij Charles Maynard demandeth 890' Tob & Cask
as due to him out of the Estate of Joseph Cadle deceased.
1 7' Marcij John Shertcliffe demandeth 477' Tob & Cask as
due to him out of the Estate of Joseph Cadle deceased together
with a pail of Salt
19 Marcij-June the 29"' 1650 This Bill bindeth me Joseph
Cadle my heirs or assignes to pay or Cause to be paid unto
Thomas Thomas his heirs or assignes the full and Just .Sume p. 272
of 305' of good Sound Merchantable Leaf 'lobacco with Caske,
the which Tob is to be paid at or upon the tenth of November
next ensueing die date hereof as Wittness my hand the day
and year above written
Witness Charles Maynard. The Mark of Joseph Cadle
140 Court and Testamentary Business, 1649-50.
B- 19 Marcij. Matthias Bryan on the behalf of Tho: Thomas
demandeth of the Estate of Joseph Cadle 305' Tob & Caske
22''° Marcij 1 65 1 . Michael Baysey acknowledgeth a Judgm'
to W" Boreman for three hundred fifty and Six pounds of To-
bacco and Caske being the Remainder of fifive hundred and
eighty pounds of Tobacco and Caske unpaid of a bill dated
the 30"' of September last and payable by the Said Baisey to
the Said Boreman the tenth day of November last Wittness
his hand the day and year aboves*^
Tester Tho Hatton the Mark W Michael Baisey
2 2'*'^ Marcij John Mannsfield demandeth 875' of Tobacco
and Caske due to him by bill and accompt out of the Estate of
Joseph Cadle deceased.
At a Court held at S' Maries 20 die Marcij 1651
W'" Stone Esq Govern' \ Thomas Gerrard Esq
Psent Robert Brooke Esq ' M' John Pille
W" Eltonhead Esq j M' Tho: Hatton
Cap' John Price J
Thomas Chynne Marriner pit 1 The Comp'" Suit being for I 250'
w- Edwyn Defd. ) Job & Cakse due upon demand by
Bill of which the Defd' refuseth paym' and the p'' being one of
Cap' Thurston's Mates and the Ship being ready to depart the
Province is likely to be much dampnified for want of his To-
bacco, And the Defend' Confessing the debt Saith he is not
able to make payment till there be a Season for Stricking To-
bacco and alleadgethhe gave the p'' Several notes to receive Tobo
upon his accompt of Several Inhabitants here which for ought
he knoweth the p'' may have received, But the p'' denyeth he
bath received any Tobacco's upon these Notes, which he Saith
he is ready to return unto the Defd' It is therefore Ordered in
respect of the p"^ Suddain departure that the Defd' Shall pay
imto him the s'' Twelve hundred and fifty pounds of Tobacco
and Caske And the p" is to deliver back to him the notes
before menconed.
Mr John j.awson pu ) The Complayu" Suit being for Satisfaction
wm Edwyn Deft \ foj. ^\^^ ^^.^ ^f jj^^ pi.s \^^^^ abovc ffivc weeks,
and for the damage he Sustained for want thereof for that dme
and the prejudice the Said boat received which he lent to the
273 Defd' upon his promise to Return the Same to his Landing
place within five days And the Defd' acknowledgeth he prom-
ised to return the boat within five days but denyeth he under-
Court and Testamentary Business, 1649-50. 141
tooke to bring the Same to his Landing place, but Saith that Liber b.
according to his promise he returned the boat by the time
appointed to the place in Popler hill Creek where he had the
Same without any hurt or damage, And the Court not finding
by proofe or otherwise that the p'" boat Sustained any damage
by any defalt of the Defd' It is Ordered that the p"^ Suit before
menconed be absolutely dismissed out of this Court.
The Deposition of James Langworth aged
about 22'^ years Sworn and Examined the 18""
day of ffebruary 1651 Saith as followeth viz'
That Yesterday being the 17"' day of this present Month
•Phillip Anther being in the house where this Depon' liveth in
New town in Company with M' Robert Clarke Richard Willan
Mary the wife of John Greenway and this Depon' the' Said
Phillip Anther Sitting upon a fforme by the table in the S"*
house whereon there lay a Pistol of M' Robert Clarkes, And
this depon' comeing out of the Plantacon where he had been
at work into the Said house, and Sitting down at the Said
Table, and taking hold of the handle of the Said Pistol, the
Muzle end thereof lyeing upon the table ask't the Said Mary
Greenway who as this Deponent was told had but a little
before Shott the Same oft) whether there were any Shott in the
s"* Pistoll when She Shot the Same oft' Whereupon M' Robert
Clarke made Answer that it was charged with two Pistoll Bul-
letts when She Shott the Same off, Whereupon unawares to
this Deponent who had only the handle of the Said Pistol in
his hand as afores'' and the other end lyeing upon the table
this Depon' not Suspecting the Same to be then charged nor
touching the tricker Soe far as he can remember nor knowing
whether the Same was bent or not the S'' Pistol went off and
on the dischargeing the Muzle thereof bounded upwards, and
unluckily Shott the Said Phillip Anther through the Neck and
Cheeke into the head, whereupon he Suddainly dyed. This
deponent to the best of his Remembrance not Seeing the Said
Phillips Anther in the Said house from the time he Soe Came
into the Said house out of the Plantacon as afores'" till he was p. 274
Soe unfortunately Shott whereupon he dyed as before is
expressed and further this Deponent cannot depose
Jurat die & anno Supradict coram me I'ho Hatton
The Deposition of M' Robert Clark and Richard
W'illan Sworn and examined the iS'"" day of
ffebruary 1651 Say as followeth viz'
That they were i)resent Yesterday when Phillip Anther was
unfortunately killed in the house where James Langworth and
John Greenway now tlwell by die discharge of a Pistol as is
142 Court and Testametitary Business, 1649-50.
Liber B. expressed in the Deposition of James Langworth taken this
present day And these Deponents are both of them very Con-
fident that the Said Langworth was far from any thought of
doeing the s'^ Anther the least hurt at that time and are verily
perswaded in their Consciences the Said Langworth did not
know nor Suspect that the S*^ Pistoll was at that time Charged
but that the Same went off unawares to him the Said Lang-
worth or to any of the Company then present and further Say
not
Uterq Jurat die & Anno Supradict coram me
Tho: Hatton
The Deposition of Mary the wife of John Greenway taken
in open Court upon Oath the 20"" day of March 1651 Saith
That upon or about the 17''' day of ffebruary last M' Robert
Clark being in the house where this Deponent liveth in an
Inner Room of the Said house and having left a Pistol upon
the table in the outward Room where this Deponent was
about her occasions where in removeing the Said Pistol off the
Said table the Same went off in this Deponents hands
unawares. And this Deponent thereupon goeing out of the
Said Roome upon her return thither again She found the Said
M' Clark in the room where the Said Pistol Soe went off, who
asked this Deponent why She Shott off his Pistol, whereupon
this Deponent answered She did not know that She Shott the
Same off, and the Said M' Clark thereupon asked her whether
She Cocked the Pistoll whereupon She replyed noe or to that
effect And the Said M' Clark not long after Charged the Said
Pistol again putting a paper doubled into the panne, and being
Soe charged laid the Same again upon the Table whereupon
Phillip Anther was afterwards killed with the Said Pistol by
James Langworth unawares as She verily believeth. His
!'■ 275 Lorps Attorney General this day declared by way of Indictm'
Against M' Robert Clark and James Langworth thereby
Shewing unto this Court that Phillip Anther late of S' Maries
County deceased being upon or about the i y'*' day of ffebruary
last in the house of New town in the County afores'' where
John Greenway and the Said Langworth then dwelt, was then
and there by the S'' Robert Clark or James Langworth or one
of them or by their or one of their means defalt or Careless-
ness Shott into the head or otherwise by the discharge of a
Pistol of the Said M'^ Clark's that he Suddenly thereupon dyed,
The Said Pistol having been the Same day in the Same house
but a Small time before unwittingly discharged by the wife of
the Said John Greenway in taking the Same in her hand to her
great affright and amasement Notwithstanding which fair
admonition the Said Pistol was then presendy again by the
Court and Testameniary Business, 1649-50. 143
Said Clark laden with powder and Shott and laid upon a table ''-•'"^"^ ^■
in the Said house where the Said Langworth Soon after comeing
in and takeing the Same into his hands the Mischief before
menconed thereupon ensued of which the Said Attorney was
ready to make proof, And on the L'^ Propriary's behalf prayeth
that the Court would proceed against the Offenders in the
premisses according to Justice and the nature of the Offence,
That Soe his Lordp and the Government might be discharged
in that behalf.
And the Said Clark and Langworth being thereupon brought
to their Answered acknowledged in Open Court that the S''
Phillip Anther was accidentally and unfortunately killed by the
discharge of M' Clark's Pistol in the hand of the Said Lang-
worth unawares without any thought or Intention in either of
them of any harm to the Said Anther.
Whereupon by appointment of the Court a Jury was Impan-
nelled for the tryall Viz' Lieuten' Richard Bancks L' W"" Evans
NP Phillip Land Edward Cotton William Whitde M'' John
Lawson M' John Lewger Henry Cox William Edwyn M'
ffrancis Brookes John Shertcliff and Walter Pakes who being
Sworn in Open Court had their Charge given them upon their
Oaths as followeth :
The Charge of the Jury.
To give in a Just and true verdict to the best of your Judgm'
and Skill upon the Evidence to be produced to you how and
by whome Phillip Anther was killed and whether the Author
or authors thereof did doe the Same Maliciously or willfully or
else unwittingly and unfortunately. And if you find it only to
be an unwilling and unfortunate accident without any Intention p- 276
of Evill in the Actors In that Case to inform the Court by your
verdict by whose carelessness means or defalt the Same hap-
pened and in what respect
After which the Said Jurors having Spent Some time upon
the Tryall brought in their Joint Verdict in these words
following viz'
The Jurors Verdict
We find that Phillip Anther was accidentally and unwittingly
killed by James Langworth. Neither doe We find negligence or
carelessness in either party
Upon which Verdict this Court after Some debate of the
Matter thought fitt and doth hereby actjuitt the Said Robert
Clark in every respect touching Philli[) Anther's death And
doth ffine James Langworth in that res|)ect ffive hundred
pounds of Tobacco and Cask to the Lord Proprietary, And
dodi Order him to pay all Court Charges •
1" April 1653 Execuc inde ad Satisfaciend
Liber B.
144 Court and Testamentary Business, 1 649-50.
This ffine from Langworth was afterwards remitted by the
Governor upon the Lord Propriary's Sp' direccon
Tho Hatton
The p'" Suit being- for three hun-
Thomas Thomas by Matthias I j j j cc j r 'i' u o /^ i
Bryan his Attorney pit I dred and tTive pounds of lob & Cask
Lt Kichd Bancks Extor of f due upoD a Bill entred mto by the
Joseph Cadle Deft J t-i j*^ • t r i ui •
•" ^ ■' Decedent m June 1650 and payable in
Nov"' then next following to the p" The Defd' Exto"^ to Cadle
being present in Court and by his Answer makeing noe
Objeccon ag' the Said Bill or debt It is Ordered that he Shall
pay the Said three hundred and five pounds of Tobacco and
Caske to the p'' out of the Decedents Estate after one twelve
Months time next ensueing the Said Cadles death.
Kebecca Manners Extrx of 1 Upon the hearing of the parties on
George Manners her husband \ both SidcS in tllis CaUSe in the prCS-
'^^"'* P" -• ence of Thomas Warr It appeared to
the Court y' the Complayn" Suit against the DeP is for twelve
hundred pounds of Tobacco and Cask for which the Decedent
George Manners had a Judgment formerly against the Said
Warr, concerning which 1 200' of Tobacco and Caske Marks
Pheipo was bound to Save the Said Warr harmless as appeared
by a Note under the Said Pheipo's hand now produced, It is
therefore Ordered, that the Complayn" Suit ag' the Def' be
dismiss't She being at liberty to proceed upon the Said Judg-
ment against Warr who is also to have relief against Pheipo
upon his Counter Security.
The Deposition of M' fifrancis Brookes taken in Open Court
upon Oath this 20"' day of March 1651 Saith
277 That he heard Thomas Maidwell deceased Several times
Since his arrival in this Province acknowledge that M' John
Wade had paid for his passage hither from England, and
heard him promise the Said Wade Satisfaction therefore to his
content or to that effect & further Saith not :
At a Court held at S' Maries 22"^° die Marcij
Anno 1 65 1
WiHm Stone Esq Governor) Cap' John Price
P'sent Robert Brooke Esq V M'^ Thomas Hatton
Thomas Gerrard Esq )
Thomas Warr pit \ The Comp'" Suit being for four Vir-
Mr Richard Harris Defdt I ginia hhds of good Souud Shell'dCome
clear of all Charge payable the 20''' day of this present Month
of March at the p"^ Landing place in Patuxent River by one
Court and Testamentary Business, 1649-50. 145
William Scott of Virginia p Bill of w'='' the Defd' undertook ^'^^" ^
the payment as the p'' alleadgeth, Yet now refuseth to pay the
Same, To which the Defd' acknowledgeth that he undertooke
the payment if any be due upon the bill but conceives the
Court will not adjudge the Bill to be good in respect the Con-
sideracon whereupon it was entred was upon a bargain for
another Man's Servant But it appearing that the Comp" did
not know biit that he was a ffreeman nor the Said Scott when
he entred the Bill, nor the Defd' when he undertook the pay-
ment. The Court therefore Conceived that the Bill ought to
Stand good. But upon further examinacon of the ground
whereupon it was entred, and the Complayn' acknowledging
he was once willing to accept of two hhds of the Said Corne
in full Satisfaction, The Court in point of equity as the Case
Stands thinks fitt to give the Defd' Some relief ag' the Bill,
And doth Order that the Defd' Shall forthwith pay unto the
Complaynant two Virginia hogsheads of good Sound Indian
Corne ready Shell'd at his the p'" Landing place in Patuxent
River clear of all Charge in ffuU Satisfaction of the Said Bill
which the P" is to deliver up to be Cancelled, And John Hilli-
ard the Servant by whose defalt this Suit and Charge ariseth
Shall Serve the Defd' one year over and above the time he
was to Serve his Master of whom the Defd' bought him
Robert Kedger pit ) The Complayu' by Peticon this day
Captw^MUcheii ueftj Shewed that the Defd' by Covenant ap-
pearing upon Record for a very great consideracon in Case
he the Defd' or his assignes did not deliver to the Complayn'
three able men Servants, Such as the P'' Should chuse out of
all the Servants that Should be transported upon the Defd'* ac-
count (Tradesmen Excepted) to Serve for the term of ffour p. 278
years or in Case noe Servants Soe to come in by the fifirst of
ffebruary last the Defd' did assigne to the Comp" one Vincent
Acheson and any two other Servants of his the Said Cap'
Mitchells then in Maryland w'^'' the Complain' or his assignes
Should chuse for the remainder of their termes which they
Should have to Serve as by the S"* Covenant appears, And
that the Defd' not bringing in or Sending any men Serv" upon
his account by the time limitted nor at all Since the Said Cove-
nant, the Comp'' demanded of his Attorney before he came in
the Servants assigned and Since his comeing in of the Defd'
himself w*"'" they have refused to deliver And prayeth reliefe in
the p''ces with Satisfaction for his damage, To which the Defd'
acknowledgeth the Covenant and Assignment thereupon, but
alleadgeth it to be in nature of a Mortgage against which he
prays to be relieved in lujuity for that by reason of their im-
pluynients in the Service of the Commonwealth of England
146 Court and Tesiavientary Business, 1649-50.
Liber L. Shipping could not come in by the day limitted by the Cove-
nant with other allegacons, And thereupon & upon Consider-
acon had of the Defd" Covenant to deliver the Comp" three
Men Servants out of all the Servants he vShould bring in to be
chosen by the p" and noe men Servants being brought in
whereby the p" might make his Choice according to the Cove-
nant in regard of the great consideracon therein Menconed,
The Court Conceiveing that the Comp'' ought in Conscience
to have relief In that respect upon the Covenant as well as the
Defd' in equity Doth therefore Order that the Comp'' Shall
enjoy the Said Vincent Acheson of whome he is already possed
for his full time of Service according to the Defd" assignment
expressed in the Covenant, And that the Defd' Shall by
to morrow at Noon bring five men Servants to the Court, that
there may be Chosen out of them two Such Sufficient able
Servants for the Comp'' as the Court Shall conceive may be
answerable to the Covenant and the Consideracon therein
menconed, And in defalt of bringing them in by that time
or that they prove not Such as the Court Shall approve of for
the purpose aforesaid, the Comp'' is then after forthwith to
have other two Servants according to the assignment upon
the Covenant before menconed.
ffrancis Van-enden pit | Upou the Defd" mocon It IS Ordered
captwm Mitchell Ueft ) tjiat the hearing of this Cause be respited
till the next Court who is in the mean time to make ready his
proofs preremptorily.
p- 279 wm Marshall pit \ The p'' Sucs for eighty pounds remaining due
wm Edis Defdt ] of a Bill for a greater Sume the p" having de-
livered up the Bill to the Defd' upon his promise to Satisfie
him the Said remainder. To which the Defd' Confesseth there
was eighty pounds of Tobacco unpaid after the Bill was deliv-
ered up and Saith according to the p'" appointment he allowed
it him in M"^ Husband's hands, And the Court upon mocon
made on the p'" behalf doth respite the further hearing of the
Cause till the next Court who is then to produce his proofes.
capt wm Mitchell pit \ The Comp'" Suit being for a heifer with
Mr Phillip Land Deft / ^gj- Increase which the Defd' by Covenant
under his hand was to have delivered to the p" by the last of
April 1 65 1, the p" lending the Def' a man to bring her to S'
Thomas's the p'"- then dwelling house, And the Defd' acknowl-
edgeing the Covenant, It is Ordered that the Def' Shall within
one Month now next ensueing deliver to the Comp'' a heifer
with Calf or a Calf by her Side, at the house afores'' the p"
lending him a Man to help bring her hither, if it be required.
Court and Testamentary Bttsmess, 1649-50. 147
Or in defalt of Such delivery by the time aforesaid, the Def' is Liber u.
then forthwith in liew thereof to pay to the Comp" eight hun-
dred pounds of Tobacco and Caske.
Mr Thomas Dayues Exto^ of ) ^hc Comp" by his Said Attorney
M"-s Ann cowper by Mr Henry [• Sueth for three hundred eighty and
Coursey his Attorney pU ) ^^^ ^j^j^^ pOUnds of Tobo and Cask
p bill, and accompt, And the Defd' acknowledgeth the debt,
but alleadgeth he is not bound to paym' this year in regard it
was not demanded according to the Provisoe in the bill and
desired to have the Same tryed by a jury, But the
bill cancelled ^ ri- i i/^ i,. a j
Court nnding that the Lomplayn" Attorney endeav-
oured to make demand by the time limitted, but was hindred
by extremity of weather and that the demand was made the
next morning after, and conceives in equity noe advantage
ought to be taken thereupon. And doth therefore Order that
the Def' Shall forthwith pay to the S"" Comp'' the Said three
hundred eighty and eight pounds of Tobacco & Caske and the
bill to be delivered up to be cancelled.
10 ffebr 1652 Execuc inde ad Satisfaciend
John shertciiff Con.pit ) The Complayn'^ Suit being for 267' of
Lt Rich^i Bancks Exto-- [ Tob and Cask & a pail of Salt. The To-
of Joseph cadie Def. ) ^^^^^ j^gj^^^ ^^^ remainder of 467' Tob
formerly due as appears by the Deposicon of Richard Willan
200' Tobacco thereof being paid in Cask, and the Salt being
proved by Charles Maynard his Oath, And the Def not p. 2S0
makeing any objection ag' the Said proofes It is Ordered that
he Shall pay to the p" out of the Decedent's Estate at the
expiracon of the time limitted by the Custome in that behalf
Two hundred Sixty and Seven pounds of Tobacco and Cask
and a pail of Salt
Richard Willan aged thirty years or there-
abouts being deposed the 11"' of March 1651
upon Oath Saith
That being at Joseph Cadle's house with John Shertciiff
about the 11"' of 12''' of ffebruary, and there I made up their
account, and there was due to Jo: Shertciiff from Joseph
Cadle 467' of Tobacco acknowledged by the Said Joseph
Cadle and further he deposeth not.
Jurat coram me John Pille Richard Willan
Charles Maynard aged 31 years or thereabouts being deposed
the 15''' of March 165 1 upon his Oath Saith
That Some time in November I was goeing to John Shert-
clif^'s house Joseph Cadle desired me to take the Bagg and to
148 Court and Testamentary Business, 1649-50.
iber B. bring the Salt with me that he lent me, Soe John Shertcliff
Sent by me his great pail full of Salt and desired me to bidd
him to gett him his Salt again as Soon as he came And further
Saith not
Jurat coram me John Pille Charles Maynard
The Deposition of Ann the wife of John Dandy aged 30
years or thereabouts Sworn and examined in open Court the
22"' of March 1651.
Saith that about Christmass last was a twelve month M' John
Wade came to Thomas Maidwell, and did demand Some
Tobacco's towards the paying of his passage into this Countrey
without further trouble, whereupon the Said Maidwell went
to his Chest and took out a Bill of ffour hundred pounds Tob
and above but how much She cannot tell, and did deliver the
Bill to the Said Wade, and the Said Maidwell did ask the Said
Wade if he would take that Bill in part of Satisfaction for his
Said passage, and the Said Wade was willing and tooke the
Said Bill and put it up not giveing it again to the S"^ Maidwell
Soe far as this Deponent knows, and further Saith not
John Wade chirurgeon pu -, John Cage maketh Oath that he
John NichoUs AdnK o£ i heard Thomas Maidwell about two or
Thomas Maidwell deccdDef.j ^^^^^ ^^^^ ^^^^^^ j^;^ ^^^^j^ g^^ ^j^^^
the p'' paid for his passage into this Province, but further
Expressed that the Complaynant owed him for 1 3 or 17 weeks
bedd and board or thereabouts at his house in England and
p. 281 for two Cases Of dramms for which he the Said Maidwell paid
forty Shillings and for a Hammock, and that he assigned or
turned over to the p" 450' Tob due to the Said Maidwell here
in this Province ffurther adding that he thought that would
give him Satisfaction for his passage All which or the Same
in Effect this Deponent averreth upon his Oath that he heard
the Said Maidwell express, And further Saith not.
Jurati 22''° Marcijn Open Court.
iicnryAd.-.ms Trustee of Tho:-| Joh" VVhcatley maketh Oath that
Green I'.sq deced pU I M' Philip Land in or about the Month
^'■""'P ^='"'' ^'^'■' of May Last was a twelve Month paid
to this Deponent for the use of Thomas Green Esq deced two
hundred and thirty pounds of Tob or thereabouts and further
Saith not
The Deposition of Mary the wife of Daniel Clocker Sworn
and examined in Open Court the 22"' of March 165 1 Saith.
That presently or not long after Cap' W" Mitchell his arrival
in this Province in the year 1650 in the Chamber at the White
Cotirt and Testamentary Business, 1649-50. 149
house where the S*^ Cap' Mitchell as this Depon' hath been Liber b.
informed then lodged She this Deponent then and there told
M's Susan Warren who then went by the name of M's Wil-
liams, that She heard that She the Said IVI's Williams was then
with Child or to that Effect whereupon the S'' M's Williams or
M's Warren replyed, That if She were with Child it was
inspired by the holy Ghost, and not by man and further Saith
not.
Richard Hoskins aged thirty years or thereabouts Sworn and
Examined in Open Court the 22"" of March 1651 Saith.
That at the Same time menconed in the Deposicon of Mary
Clocker above written being about three weeks after Cap'
Mitchell's arrival here he heard M's Williams or Warren in the
Deposition named reply to the Said Mary Clocker that if She
were with Child it was inspired by the holy Ghost and not by
man and further Saith not.
The Deposition of Martha Webb aged 22'^ years or there-
abouts Sworn and examined in Open Court the 22"" day of
March 1651 Saith.
That when She lived with Cap' William Mitchell at S'
Thomas or the white house in the year 1650 She this Deponent
and M's Susan Warren who went by the name of EUzabeth p. 282
Williams lodged together in the Same Chamber or roome
there where the S"^ Caj)' Mitchell lay and that She hath there
Seen the Said Cap' Mitchell and the Said M's Warren or Wil-
liams once in naked bed together in the bed where the Said
Cap' Mitchell usually lodged And that She at another time
(Cap' Mitchell bidding her goe out of the Room and Shutt the
door) as She was goeing out heard him Call to the Said M's
W""' to come to bed to him. And She this Deponent further
deposeth that not long before the Said Cap' Mitchell's goeing
from hence to Holland he asked this Deponent whether She
thought that M's Williams was with Child or not whereupon
this Deponent answered She could not tell and further Saith
not.
At a Court held at S' Maries the 25"' day of
March 1651.
Willm Stone Esq Governor ] M' John Pile
p'sent Robert Brooke Esq V M' Thomas Hatton
W'" Eltonhead Esq j
Whereas I have had very credible intelligence that M's Mary
Brent either in her own behalf or as Attorney or Agent for
Cap' Giles Brent her brother or M's Margaret Brent her Sister
150 Cotirt and Testamentary Business, 1649-50.
Liber M. hath not long Since caused divers wild unmarked Bulls and
other Cattle to be killed upon the Isle of Kent without any
LawfuU warrant for Soe doing, To which Cattle his Lordp
hath been and is understood to have title, And Whereas I am
also given to understand, that the Said M's Mary Brent hath
lately transported Some quantity of the beef so killed as afore-
said from Kent hither to the house where M' Thomas Mat-
thews now liveth and intends to dispose of the Same to her
own use, These are therefore in the Lord Propriary's to will
and require you forthwith to repair to the house of the Said
M' Matthews, and what Meat you Shall there or in any other
place within this County find to have been lately transported
by the Said M's Mary Brent from Kent to make Stoppage
thereof or Secure the Same either in the S'* M' Matthews's
Custody or otherwise as you Shall think fitt till the Said M's
p. 283 Mary Brent Shall by herself or her Attorney at Some Court
to be held for this County of S' Maries make it appear by what
authority She caused the Said Cattle to be killed, and what
right She hath to the Said Beef by her Soe transported as
aforesaid Soe as his Lordship may have Justice therein as is
meet. And for this Purpose the Said M' Matthews (in Case
the Said be or Shall be in his house) is hereby Strictly charged
and required not to permitt the Same or any part thereof to
be removed thence by the S'' M's Brent or any other till a
tryall be had therein and other direccon by the Court as he
will Answer the Contrary thereof, fail you not at your Peril,
Given at S' Maries this last day of January 1651
To the Sherriff of S' Maries County
his Deputy or Deputies
The Deposition of William Boreman taken the fourth day
of ffebruary 1651 being Summoned on the behalf of the Lord
Proprietary Sworn and examined Saith
That he this Deponent being Imployed by Cap' Giles Brent
to kill any Catde at Kent either Marked or unmarked which
belonged to him there did according to his appointment
and the direccon of M's Mary Brent his Sister and Attorney,
with Some help of John Deer therein Since June last kill five
Wild unmarked lUills then in the woods at Kent and likewise
three marked Bulls two of them being Crop't of both Ears and the
third as he taketh it being Cropped on the left Ear and under-
keel'd on the right and also one Oxe killed by John Deere, the
mark whereof this Deponent knoweth not, And this Depon'
further Deposeth diat the Catde before menconed are all the
Catde either Marked or unmarked which Soe far as this De-
pon' knows have been killed at Kent either for the Said Cap'
Brent or M'^s Marg" or Mary Brent his Sisters or by any of
Court and Tcstavteiitary Biisiiiess, 1649-50. 151
their appointment, And further Saith that ffour of the Caskes Liber b.
of Beef which the Sherriff hath lately made Stoppage of M'
Matthews's house are of the Beef of the Bulls before menconed,
And further Saith not.
Jurat die & Anno Supradict coram me Tho: Hatton
Paul Simpson Marriner and Phillip Land make Oath that p- :S4
upon view of ffour Cask of beef this present twentieth day of
ffebruary 1651 which as we are informed were not long Since
brought by M'^s Mary Brent from the Isle of Kent We find the
Meat therein in our Opinions to be in Such a Condicon that
unless Some Speedy Course be taken therewith by new Salt-
ing and repacking the Same or Some other way to prevent
the Spoiling thereof We verily believe all or most part thereof
will in Short time be utterly Spoiled and not be Merchantable
or fitt for any Man's use And further Saith not
Jurat die & Anno Supradict coram me Tho: Hatton
^^ „ ^ ^ ^ The Said Attorney General by
Thomas Hatton Gent Attorney I i • t r — i • /->
General on the behalf of the Lord [ hiS IniormaCOn UUtO thlS Court
Propriary pu. | jhig present day Shewed, that M's
M"-s Mary Brent Deft iiv/rri -i iiir
Mary brent either by herselt or as
Attorney or Agent for Cap' Giles Brent her brother or M's
Margaret Brent her Sister, having this last year killed or
caused to be killed divers wild unmarked Bulls in the woods
upon the Isle of Kent without any Lawfull Warrant or Authority
for Soe doeing brought the beef Soe killed about a Month
Since to S' Maries and endeavoured there to make Sale thereof,
Of which his Lordps Attorney having notice (as he was bound
to doe) caused the Said Beef to be Seized upon by the Sher-
riff, and Stoppage thereof to be made till the Court Should doe
his Lordp and the Governm' Justice in the premisses, That
M's Brent Soon after unexpectedly goeing to and leaving
M' Thomas Matthews her Attorney or Agent in the business,
his Lordps S'' Attorney Suspecting the beef might be faulty
caused it to be viewed upon which it was found to be in that
bad Condition that unless Some Speedy Course were taken for
preservacon thereof it would be all Spoilt, That thereupon he
desired M' Thomas Matthews in whose house it lay that he
would endeavour the Saving of it which he refused alleadging
he wanted Salt and that by reason of other occasions neither
he nor his wife could attend it, but wished and advised his
Lordps S'' Attorney to take the Same to his house that he might
there more Conveniently endeavour the Saving thereof, and to
Sell the Same if he could to prevent the worst. That thereupon
the Said Attorney to his great charge & trouble caused the
Same to be removed to his own house and to be washed Salted
152 Court and Testamentary Business, 1649-50.
Liber B. and repacked, and hath Sold Some part thereof to the best
p. 285 value he could, And prayed that the Court Would determine
to whome the Said Beef doth Justly belong and to Vindicate
his Lordp and the Government touching the Said M's Brent's
unwarrantable proceedings in the Premisses in contempt as he
conceives both of his Lordp and the Government, And to
appoint which way his Lordps Said Attorney Shall have Satis-
faction for his trouble and charge before menconed, And the
Said M's Mary Brent being present in Court in Answer to the
Said Attorney's Informacon denyed not the Killing of the
Catde therein menconed, but Saith that part of them were
killed upon their Mannor at Kent, and that those unmarked
wild Cattle before menconed were of her brother's own Stock
and did not any ways belong to his Lordp. and prayed that the
tryall might be by way of Jury, But the Governor and Counsell
being taken off upon other publick urgent occasions could not
attend the further hearing of the Cause at present and there-
fore Ordered that the Same be respited till the next Sitting of
the Court, And in the meantime his Lordps Said Attorney
might dispose of the beef in his Custody before menconed to
the best value or in the best way he could either for Sale or
preservacon thereof and to be accomptable upon the hearing,
, and for his allowance the Court would then Consider thereof
\vn. ffoxery pit I The Complayuaut Sueth to be relieved against
wm Batten Deft I j^g Defd' for the damage he hath Sustained by
his the Defd'^ unconscionable breach of Trust in paying him
900' Tob or thereabouts in Roll which the p'' relyeing upon his
word and honestly received as good Sound Merchantable
Tobacco, but the Same afterwards upon view appeared to be
deceiptfuU rotton Tobacco and unmerchantable to the p'"
damage of one hundred and fifty pounds Sterling, To which
the Defd' Answered that for Some goods he bought of the p"
about three years .Since, he agreed and did pay unto him in
Virginia a Certain quantity of Tobacco in Roll w'^'' the p'' upon
receipt thereof opened and viewed and tryed, And the Def'
knoweth not to the Contrary, but that the Same was Sound
good Merchantable Tobacco, And denyeth any breach of word
or trust, or that he did at all pay it upon any Such terms. But
the Court having not now time to attend the further hearing
thereof, doth respite the Same till the next Court:
Know all men by these presents that I Levin Bufkin Esq
have Constituted authorised and appointed, And by these pre-
sents Doe Constitute Audiorisc and appoint Cuthbert ffenwick
i>. 2«0 of the Province of Maryland Gent my true and Lawfull Attor-
ney, And doe hereby Give and Grant unto him my Said At-
Court and Testamentary Business, 1649-50. 153
torney full power and authority for me and in my name and to Liber 1
my use to ask demand and receive all Tobacco's Cattell Corne
and Other personal Estate debts and Credits whatsoever to
me due, or to be due from any person or persons in Virginia
or Maryland or else where within the Confines of America,
and to give receipts or Acquittances for any Tobacco or other
Chattells, which he Shall receive by vertue hereof, And in
Case of non payment to arrest implead prosecute and imprison
in as full and ample manner to all intents & purposes, As I
my Self could or might have done. And I the S** Levin doe by
these presents for my Self my Exto's and Adm's ratifie
and Confirm whatsoever my Said Attorney Shall doe in the
p'misses as fully and amply to all intents and purposes, as if
the Same had been done by me my Exto's or Adm''s, In
Wittness whereof I the S'' Levin Bufkin have hereunto Set
my hand and Seal this 21''' day of March 1650 :
Levin Bufkin
Sealed and delivered in the presence of I
W'" Mitchell, Obedience Robins j
March 14''' 1651. Memorand That Whereas I ffrancis
Van-en-den late of S'Inegoes within the Province of Maryland
Planter doe Stand ingaged unto William Assiter of New Town
Taylor in the full Sume of Two thousand pounds of Fob and
Caske as more appeareth by the Specialty bearing date 10 De-
cember 1 65 1 And Whereas I the Said ffrancis doe also Stand
ingaged unto the aP Wiftm Assiter in another Specialty bear-
ing date I "January 1651 in the Sume of three hundred pounds
of Tobacco and Cask and further in the Same Specialty I have
bound my Self my heirs and assignes to deliver unto the Said
William Assiter two Cows with Calf or Calves by their Sides
on the 25"' of this present Month as appeareth by the Said
Specialty, ffor all which debts. Incurred by me I doe acknowl-
edge to have received Satisfaccon of the S'' William, Be it
known therefore unto all men, that I the aboves'' ffrancis Van-
en-den doe firmly by these presents make over unto the Said
William Assiter, two Cows two yearling Calves and a heifer
in the hands or possession of William Boreman, It two Cows
at Mattapanie in Patuxent River with all my other Estate of
neate Cattell any ways due to me by bill bond or other Con-
tract, It I doe further make over unto the Said William all my
hoggs with my Plantacon which I bought of the Said William
in S' Clement's Manor with all the rest of my whole Estate
whatsoever unto the Sole use & Property of the Said William p. 287
Assiter his heirs or assignes Always provided that whensoever
the Said ffrancis Shall fully and truly pay unto die Said Wil-
liam the above menconed Ingagem'' That then the Said Wil-
:54
Court and Testamentary Business, 1649-50.
Liber B. Ham or his assig nes Shall repossess the Said ffrancis of all his
then known Estate to his own Sole use and property
The Mark of Matthias Bryan ffrancis Van-en-den
William Assiter aged 38 years or thereabouts at
the request of John Nunne Sworn and examined
the 21"" of January 165 1 Saith
That about four or five years agoe M' Cuthbert ffenwick
came to this Deponent's house at New town and demanded of
him ffour Score weight of Tobacco which he then owed him
whereupon John Nunne being present Said and told M' ffen-
wick that he had a hogshead of Tobacco at West S' Maries
bidding him take it if Soe be he liked it, (the Said M' ffenwick
being then bound for Virginia) and pay himself the ffour score
pounds of Tobacco out of it, and be accountable to the Said
John Nunn for the Remainder in goods or Otherwise, And
further he Saith not
Jurat coram me W" Bretton W™ Assiter
The Deposition of Christopher Walter aged
about 12 or 13 years Sworn and exam'' the
25''' day of Octobr 1651 Saith
That he was present yesterday in the afternoon when
Thomas Lisle fell out of a tree in John Halfehead's this De-
pon'= Master's Plantacon at Patuxent River, And that his fall
out of the S'' tree to the ground was about twenty foot or up-
wards as this Deponent thinketh and that after the Said fall he
Spake Some words and about half an hour after his Said fall
dyed, And further this Depon' Saith not :
Jurat die & anno Supradict coram me
Tho Hatton
The Deposition of Thomas Hamper aged about 23 Years
Sworn and Examined the 25"' day of October 1651 Saith
That yesterday in the afternoon this Deponent being at John
Halfehcads, heard Christopher Walter his the Said John Half-
head's boy being in the Plantacon cry out Master, Master
whereupon this Deponent came forth to See what the Matter
was, and then and there in the Said Plantacon he found Thomas
Lisle lyeing under a tree with a hatchett lyeing by him having
p. 28S his breeches much Rent, and this asking him how he did, he
answered that he had hurt himself and was very Sore and not
able to Stand And John Halfehead then comeing to the place
where he Soe lay he Said John Halfehead and this Deponent
endeavoured to helj) him up upon his Leggs, but Soe far as
this Deponent could perceive he was not able to Stand and
Court and Testamentary Business, 1649-50. 155
that about half an hour after the Said boy cryed out as alores'' Li^erB.
he the Said Thomas Lisle dyed having been Speechless about
a quarter of an hour before his death, And the Said John Half-
head this Deponent and the Said Boy being present when he
Soe dyed, And this Deponen' further deposeth that ab' half an
hour before the Said boy Soe cryed out as aforesaid he this
Deponent Saw the Said Thorns Lisle in John Halfehead's
house in perfect health, Soe far as this Depon' could Judge,
and that he this Deponent is Satisfied in his Conscience It
could be nothing but his fall out of the tree menconed in
Christopher Walter's Oath above menconed which was the
occasion of his death And further deposeth not
Jurat die & Anno Supradict coram me Tho: Hatton
The Deposition of John Halfehead aged about 45
or 46 years Sworn and examined the 25"' of October
165 1 Saith
That according as is menconed in the Deposition of Thomas
Hamper above written he this Deponent hearing his boy yes-
terday in the afternoon call out Master, Master, went after
Thomas Hamper to See what the Matter was, and found
Thomas Lisle laid under a tree in this Deponent plantacon
with a hatchett lyeing by him, and the Said Hamper and the
s"^ boy Standing there, his the Said Lisles breeches being much
torne And this Deponent asking whether he were able to goe,
he Answered he could not or to that effect. Whereupon this
Depon' & the Said Hamper endeavoured to lift him up, but
Soe far as this Deponent perceived he was not able to Stand,
and that ab' half an hour after, the Said boy cryed out as
afores'' the S"* Lisle dyed having been Speechless about a
quarter of an hour before his death this Depon' the Said
Hamper and the Boy being present when he dyed, And this
Depon' is very Confident there could be noe Other occasion of
his death but his falling from the Tree he then lay under which
but lately before he had undertaken to fell or Lopp and that a p. 2S9
Ladder Stood reared up to the tree when this Depon' found
him there as aforesaid
Jurat die & Anno Supradict coram me Tho: Hatton
March 24. Coll" ffranciss Yardley his marke for Cattle and p- -90
hoggs viz' underkeeled fllower l)e luced on both Ears w''' the
Tips Rounded.
March 24. Mrs. Eure his Lordps. Sister her marke
Catde and hoggs Viz' Underkeel'd on the right Ear and
Crop't on the left.
156 Court and Testamentary Biisiness, 1649-50.
Liber 1;. Memorandum that by a Mistake two Cow Calfes of the
Said M's Eures fallen this Spring in Anno 1652 were mis-
marked viz' Cropt on the right Ear and underkeeled on the
left her Cattle being in the Custody of me
Tho: Hatton Seer.
George Raper his Mark for Cattle and hoggs Viz' the right
Ear forked, and the left Ear over and underkeeled w"' the Tipp
Cutt off.
William Boarman his Mark for Catde and hoggs viz' the
left Ear Crop't and two Slitts in the Cropp and the right Ear
whole :
Thomas Tinney deceased his Estate Sold at an outcry
amounts to the Sume of Seven thousand eight hundred ffifty
and nine pounds of Tobacco. Wittness my hand this 21''' of
June 1652 by me Leo. Strong Adm' to the S'' Estate
p- 293 This present writeing Wittnesseth that We Phillip Land and
Hen. ffoxe doe binde ourselves Joyntly and Severally to pay
unto the Lord Proprietary Cecilius Lord Baron of Baltemore
Twenty thousand pounds of Tobacco in case Walter Bakes of
the County of S' Mary's within this Province of Maryland doe
from henceforward break the peace of the Keepers of the
liberdes of England or of his Said Lordps within this Province
Wittness our hands this 12''' day of October 1652
Phillip Land
Recognit coram me William Stone
12 Novemb 1652. John Taylor his Mark for Cattell and
hoggs viz' Crop't on the right Ear and the left Ear under-
keeled, with a Nick or Notch on the upper Side thereof
At the Court held at S' Maries 20"' Nov' Anno
1650
The Governor — M' Green — M' Brookes
Cap' Price— and M' Secretary
Mr wm Kitonhead pit-i The Comp" chargcing the Defd' with
George Manners Uef> / Somc Slauderous expressions the Defd' this
day produced his testimony being as followeth
Martin Kirke produced Sworn and exam'' this day in open
Court Saith
That about September last M' Eltonhead being in discourse
widi ffrancis Antcll, the Said Antell wishing he had not come
Cotirt and Tesiamenfary Business, 1649-50. 157
down to that Neck for that tlie loss of his Cattle being gone Liber b.
amongst the wild Cattle was as bad as a plundring to him the
Deponent replyeing he knew not any body that was the better p- 294
for the plundring M' Eltonhead Answered and Said there was,
And this Deponent asking him who, he Said M' Moltram and
the now Governor of this Province, And that if they had been
in England they would have been both hanged for Selling
powder & Shott to the Plunderers, All which or the Same in
Effect, he deposeth upon his Oath to be true and further he
Saith not :
Ales the wife of Martin Kirk produced Sworn and
examined in open Court Saith
That in or about September last being in M' Eltonhead's
dwelling house at Pinie Neck upon occasion of discourse con-
cerning the Plunder, her this Dcpon" husband Saying he knew
none in Maryland that were better for the Plunder M' Elton-
head Answered yes, M' Motram and the Governor, and that
they deserved hanging for that the Sold powder and Shott to
plunder Maryland and had they been in England they would
have been hanged for it, All which or the Same in Effect She
deposeth upon her Oath to be true. And further Saith not
Elizabeth the wife of Henry Potter produced
Sworn and examined in Open Court Saith
That about three quarters of a year Since, She heard M'
William Eltonheard Say, that had the Governor and M' Mott-
ram been in England they had deserved hanging long Since
for Selling amunicon to the plunderers or to that Effect and
further Saith not
After these Depositions Soe taken as aforesaid the Comp''
M' Eltonhead desired time till the next Court to prove a Con-
spiracy against him by the Depon' which was granted him
accordingly
The Depositions of William Jones Phillip Harwood &
Anthony Kitchin Servants to Robert Brooke Esq Sworn &
examined the 19''' day of March 1651 Say.
That John Clifford another of the Said M' Brookes's Serv"
having as they were informed absented himself about two
hours from the Said M' Brookes house upon or about ffriday
the 27''' ffebruary last was Sought for by M' Thomas Brooke,
and another in his Company but the Said Clifford came home
the Same day after he had been absent about two hours of his
own accord, Soe far as these Deponents Understand, The
Said M' Thomas Brooke and the S'' other i)arty comeing home p. 295
after him and not meetintr with him at all at that time as the Said
158 Court and Testamentary Business, 1649-50.
^" ^- Clifford informed the S"^ Jones and Harwood, and told them
he was a Sleep under the garden pailes, and these Depon'^
further Depose, that they doe not know of any threatning
words or blows given or uttered upon his then return, or at
any time to the Said Clifford by the Said INI' Brooke his Master
or by any other, only that their Said Master, then openly in the
house, and thereupon told the Said Clifford, that he would
remitt that fault in hopes he would doe Soe noe more further
at that time. Saying to him and the rest of his Servants there
present that if he or any of the rest disliked of his Service, if
they would make choice of any other whome they had rather
Serve, he Should be willing of it or to that effect, ffurther the
Said William Jones Saith, that upon Munday Morning next
following about one of the Clock before day the Said Clifford
who then and usually lodged with him rising up out of bed,
asked him this Deponent what time of night it was who
answered him it was then too Soon to rise, whereupon he
replyed that he must goe to beat corn betimes or it would be
night before he had done or to that effect, and Soe putting on
his Cloaths went away, this Deponent then verily believing he
went about his S'' Imploym" And all the Said Depon'^ Saith,
that from the Said Munday Morning till thursday Morning
next the Said Clifford was not heard of nor known by them or
any other Soe far as they or any of them know what was
become of him, tho' their Said Master's two Eldest Sons, went
Several ways to look for him And that upon the Said Thursday
Morning an Indian who then and now is imployed by the S''
Master Brookes, brought intelligence as these Deponents were
informed by those who understood his Language, that there
was a man drowned not far from the house, Whereupon the
Said Master Brookes himself went to See what was the Matter,
and then called for these Depon" being then at work and the
rest, who went thereupon to the place, where the Said Clifford
lay drowned in the water upon his Belly with his feet to the
p. 296 Shorewards part of his body above the Water It being then as
they conceive above Low water, the S'' Indian as they were
informed having drawn him Somewhat nearer the Shoar then
he was when he first found him. And the Depon'' Jones and
Harwood by their Said Master's appointment there drew him
a Shoar and turned him upon his back having his Cloaths on,
And thereupon their Said Master as he then expressed was not
willing to have him further Meddled with till he had Sent to
the Governor and his pleasure was known concerning him, but
towards night the Same day he the Said M' Brookes Sent to
have the Said Clifford buried whereupon the Said William
Jones and Anthony Kitchin togedier with Davy Bowen another
of M' Brookes's Servants went where the man lay and pulling
Court and Testamentary Btismess, 1649-50. 159
off his Cloaths to his Wastcoat Shirt and Stockings after they i-'i'«f
had tooke Some view of him buried him And the Said Depon"
Jones and Kitehin furtlier upon their Oaths Say, that they Saw
noe Sign of any bruise or hurt the s'' Clifford had at all when
they Soe buried him, And the S"* Depon" all of them Say upon
their Oaths that they doe not know of any Cause, the Said
John Clifford had, by ill usage from his Master or other ways
to Cast away himself as it appears to them he did, but that he
rather had better usage and more favour and respect from the
S'' Master Brooke their Master then the rest of his Servants,
then otherwise. And that the reason why he was put to beat at
the Mortar as they conceive was because their S'' Master found
he was not Soe able to work at the hoe as the rest, & that he
had beat at the Mortar about a ffortnight before he was
drowned and about three times a week, and only one bushell
of Corne at a time or about that quantity. And these Deponents
further all of them Say, that they verily believe that there was
not any person of the Said M' Brookes's house Stirring out of
their Lodgeing of a long time after the S"* Clifford rose upon
the Munday Morning before menconed, and that they did not
know nor have not heard of any that could tell what was
become of him after till he was found Soe drowned as afores''
All which herein before expressed or the Same in effect they
these Depon'' and every of them in Manner as is herein before
Set forth doe Averr upon their Oaths to be true and further
Say not
Jurat 19" March 1650 coram me — Thomas Hatton
At A Court held the 22"' day of April p. 297
1652 for the County of S' Maries
( M' Robert Brooke Esq
P ( Lieuten' Richard Banks
The Complayn' Sueth for Seven hundred
twenty and two pounds of Tobacco upon a
Bill bearing date the 25"' ffebruary 1649, The Defd' Answers
that the [>'' made an Attorney to receive the Said Tobacco,
which Said Attorney hath given a receipt on the back Side of
the Bill for three hundred and three pounds of Tobacco It is
Ordered that the Defd' forthwith pay unto the p" the remainder
of the S'' bill it being four hundred and nineteeen pounds of
Tobacco and Cask and the bill to be delivered up to be Can-
celled.
\vm Marshall pit ^ 1 he Couip'' Sueth for a debt the Def owcth
W"> K.iis Dtf.ii ) hi,-,-, of eighty pounds of Tobacco, the Def' An-
swers that he ai)pointed the .S' p" payment, by M' Richard
1 60 Cotirt and Testamentary Business, 1 649-50.
• B- Husbands, but the p" having made appear to the Court of noe
Satisfaccon by him received, It is Ordered that the Def pay
the S' Tobacco forthwith with Cost of Suit.
Mr Henry Adams one of the ■) '^he Comp" aS ffeoffee in TrUSt
Trustees of Mr The Green deced pit ^ of the Kstate of 1 homas Green
Mr i-hiiiip Land-ueft j jeceased Sueth to be relieved
against the Def' for ffive hundred pounds of Tobacco and
Cask remaining as he alleadgeth upon a bill of 1470, the date
of which with the fuller Scope is menconed by an Order at a
Court held the 20"' January 1651, The Defd' proveth by Oath
that he hath paid two hundred and thirty pounds out of the
Said five hundred, It is Ordered that the Defd' make present
Satisfaction of the remainder of the Said five hundred which is
two hundred and Seventy elce execucon.
Francis Vanenden pit ^ The Complayn' Sucth for a parcell of
Captwm Mitchell Ueft ) p^rk for which the Def was to pay him
as he proveth by the Oath of Mary the wife of Aurther Glay-
hay, one Cow one Yearling Bull one yearling heifer and a Calf
of this year's falling & Seven hundred pounds of Tobacco, and
29S Cask, The Def' answers that he had not his Witnesses present,
and moved the Court to have the Cause respited till the next
Court but in respect of an Order w'^'' which past the Court
before that the Def' was preremptorily Commanded to bring
his Wittness to Answer the Suit this Court, to which request
the Court told the Def' that he not performing according to
the former Order they would proceed against him Whereupon
the Defd' required A Jury, twelve Jurors were Impannelled
for that purpose viz. M' Edward Packer M' Paul Simpson M'^
Walter Beane M"' W'" Marshall John Cage Nicholas Cuszeene
Henry ffox M' John Wade M^ ftVancis Brookes M' Phillip Land
Henry Adams M' John Metcalfe who having made Choice of
M' Edward Packer their fforeman were Sworn and their
Charge given them as followeth viz — That they Should give
in a Just and true verdict to the best of their knowledge upon
the evidence to be produced them on either party, whereiipon
the Jurors having Spent Some time upon the tryall returned
their Joynt verdict as followeth viz' We find for the p" accord-
ing to agreement, The Def refusing the p'" Oath any further,
And It is Ordered that the Said Cattle & Tobacco according
to the Said Agreement be forthwith delivered & paid. In
default whereof execucon to follow this Judgment
execuc. ad Satisfac.
Court and Testamentary Business, 1649-50. 161
The Deposition of Mary the wife of Arthur Glahay Liber i
Sworn and examined the 14'*' of March 1651.
That She was present when ffrancis Van-en-den Sold a par-
cell of Pork to Cap' Mitchell being also called as Wittness to
the bargain, and that Cap' Mitchell was to give ffrancis for his
Pork, one Cow one yearling Bull, one yearling heifer & at
Calf of this year's falling and Seven hundred pounds w' of To-
bacco, which Cap' Mitchell agreed unto, neither did they agree
upon any weight certain or quantity but it was Sold at a lump,
neither did either of them Shew any unwillingness in the bar-
gain, whereupon Cap' Mitchell took possession of the meat his
men carrying it away. Only that ffrancis was to take Oath
that to his knowledge none of the Pork was diminished neither
was any to be diminished and further She Saith not
The Mark of
Mary Glayhay
Jurat coram me W'" Bretton.
Mrs Susan Warren pit 1 The Complayu' Petitions the Court ag' p- 299
captwm Mitchell Deft/ ^^ j^gft ^ luHTibly lutreateth to be Set at
Liberty from the Defd' alleadging the Defd' had the Money
from her which Should have paid her passage from England
into these parts,. Depositions were on both Sides heard, and
being Contradictory one to the other, which would have required
long time In Examinacon to the great hindrance of many other
businesses of the Countrey It is Ordered that the Suit be
respited to a fuller hearing the next Court:
An Administration is this day granted unto Henry Cox of
the rights debts goods and Chattells within this County of
S' Maries upon the Estate of Robert Ward deceased, he having
married the late wife and relict of the Said Ward, the Said
wife being deceased, and never before now any Letter of Ad-
ministracon Granted, She the Said wife having left 3 Small
Children of the Said Wards in the hands of the S"* Henry Cox
to be maintained It is Ordered that the Administrator take
possession of the Said Estate and to deliver in a true Invoice
upon Oath, into the Secretary's Office, and to Improve the
Estate as much as in him l^eth for the good and behalf of the
Said Ward's Children.
Mr Robert Clark by Mr jno-, The Comphyu' Sucth by his Attorney
Metcaif his Attorney pit l to be relieved upon a Bill of ffive huu-
Thomas Hamper Ueft j ^^^^ pouuds Tobacco and Caske made
to Cap' W"" .Stone with an assignm' on the back Side the said
Bill from Cap' Stone unto the Comp'' bearing date the 15'''
1 62 Court and Testamentary Btisiness^ 1649-50.
Liber B. August 1 649, payable in S' Michael's hundred the tendi day of
November following, The Defd' Confesseda the Debt, It is
Ordered that the Said Defd' make present Sadsfaccon, and
that the Bill to be delivered up to be Cancelled.
Mr John Metcaif pU ^ The p" having formerly obtained an
Scippar Jacob uirrickson by \ Attachm' out of the Secretaries Office
jno Hatch his Attorney Uef. J f^^ ^j^g Securing a debt of Ten pounds
Sterling upon a bill dated the 25''' of March 1651 payable at
Christmass next following, which Said Money was to be Laid
out in Holland according to the PI' directions for Comodities,
and the .Said Commodities to be delivered in S' Georges River
to the P", the P" running the danger of the Seas The Defd'
p. 300 failing in the performance of his .Said ingagement the Com-
playn' moveth the Court to proceed to Judgm' But the Def' by
his Attorney Answers that he had noe Summons to appear in
the p'misses this Court and refuseth to Answer till he the
Defd' by his Attorney .Shall have LawfuU .Summons.
An Administracon is this day granted unto W"' Scote of the
goods Chattells and debts of VV"" Bloff late of this Coty of S'
Maries in the right of Sarah his wife the late wid° and relict of
W'" Broff deceased and to exhibit a Just and a true Inventary
into the Secretary's Office according to the appraisem' of two
honest men within thirty day.s, and then to give in Security for
the keeping of an accompt in the usual forme and to be
Answerable for the Said Estate
At a Court held the 23'' of Aprill
present as the day before
Ihe Deposition of M' Thomas Daynes aged 32 years or
thereabouts Sworn in Open Court the 23"^ Aprill 1652 Saith
That he hath paid Doctor Waldron the S** Nineteene hund"*
pounds of Tobacco and Caske, which Said Sume I this Dep'
and M' W™ Daynes my brother had formerly given Order unto
M' Henry Coursey our Attorney to pay, Since which time I this
Depon' have paid the Said Tobacco to the Said Waldron in
the bands of Esq Ludlo, and further this Depon' Saith not :
The Deposition of M"^ ffrancis Brooke aged 38 years or
thereabouts .Sworn in Open Court .Saith
'Uiat Thomas Medwell desired him he being goeing along
with M^ Land to New town to Speak to M'' John Wade
Chirurgeon to take that tide of a Servant from him the Said
Medwell, which this Depon' Meedng with tlie S*" M' Wade at
at the house of Lieu' Evans's, did the S'' Medwells message,
Court and Testamcutary Business, 1649-50. 163
the Said Wade replyed, that with Satisfaccon he would ^iijer i
willingly release him from that name of a Serv' This Depon'
further Saith that being at his own house about the 26''' of p. 301
January 1 650 the Said Wade and Medwell being in Company
together heard them in discourse concerning the premisses the
Said Medwell Saying to Doctor Wade, Jack Wade I pray thee
let me not have the name of Servitude put upon me and I will
give you one hhd of Tobacco if that will not Satisfie you Shall
have two if two will not you Shall have three, and further this
Depon' Saith not.
Mr John Wade pu ^ '^'^^^ Compkyn' Sueth for Satisfaccon
John Nichols as Admr of [ for the Charges he was at in paying for
Thomas Medwell deceddef. J ^^^ ^^cdd' Thomas Medwell his pas-
sage out of England into this Province of Maryland about 3
years Since together with 1080' pounds of Tobacco and Cask
upon account out of which he gives him Creditt for one hun-
dred and fifty and two pounds of the like Tobacco received the
Court Conceives in equity they can allow him noe less then
700 pounds of Tobacco and Caske for the Said Decedents
transport out of England into this Province, and having proved
his account by his Oath, It is Ordered that the Comp" have
paid him the remainder of the Said 1080 which is 928' Fob
and Cask forthwith And the Said Seven hundred to be paid
according to the Custome and liberty Soe provided for Dead
men's Estate.
Thomas Medwell's Acc° Debtor proved by
M' Wades Oath the 23"' day of Aprill 1652
1 Tob
It for a Vomitive potion for himself 20
It for breathing a vein for himself 10
It in another Sickness at the fort for Phisick and the )
botome with Dea phoreti and Shudoretick Cordi and V 300
Corobrotines for his Stomach and my pains )
Itt received of John Nevell for me 130
Itt reced of Edward Packer in Tobacco for me 20
Itt in his last Sickness more for 5 Cordialls Dormytine 200
Itt for other Astringent means 150
Itt for visiting two times 250
1080
Thomas Medwells Creditor p. 302
Itt p'' W"' Edwn for me 80
Itt for 6 ffish hookes 24
Itt paid to Cap' Stone for me for Sugar 48
152
164 Co7ir( and Tesiameiitary Business, 1649-50.
iber B. y[r Phillip Land informeth the Court that at an Assembly
formerly in this Province the Burgesses were allowed -p the
Countrey p head a day 50 pounds of Tobacco which Said
Tobacco was allowed them to defraj- their expence in the time
of the Assembly And the Tobacco concerning the premisses
being in the hands of M' Nicholas Gwyther the high Sherriff
the Said Land Requesteth the Court that he may have an
Order granted him to have what Tobacco he can Jusdy make
appear to be due from the Said Burgesses in the time of the
Sitting of the Assembly out of M' Gwyther' s hands The Court
being further informed by the Said High Sherriff of the prem-
isses, And the Said Sherriff Confesseth he hath part of the
Said goods in his hands, The Court Orders that the Said Land
Shall have payment out of the goods which remaineth in the
Said Sherriff's possession.
, . The Def' Peticons the Court to came
Mr 1 nomas Hatton as being 1 ,, . r- • i i- ,
Attorney General . . . 1 pi' I to a tryall m a Suit dependmg betwixt
to the Lord Baitemnre ] \ jhe Lord Baltemore and her, the Suit
M's Mary Brent Deft I , . ,- i i -. i ^ -i,
being referred by the Last Court till
this Sitting, the Attorney Generall in the behalf of the Said
Lord and Informing that Cap' William Clayborne a man now
in power here Claymed Some Interest in the Wild Cattle upon
Kent and that the business did concern the whole Common-
wealth and Soe proper for an Assembly therefore for his better
discharge, requested the Court that the Cause might be respited
till the assembly, the Court Judgeing his request reasonable
Orders that the business have respit till the Sitting of the
Assembly.
wm Smith pit ^ Upon the reading of Several Orders
captwm Mitchell Deft) formerly made in this Cause and of the
Defd'^ Letter to the p'' menconed in the p'"^ Peticon the P"
p. 303 amongst other things desireing to be relieved against the
Defd' for 16 Months charge of Dyet and his passage' into Eng-
land according to his ingagement by the Said Letter now pro-
duced under his own hand and Seal the Def' acknowledgeth
the Letter and promise but pleads an after agreement that
Smith engaged himself to be his Servant before his comeing
out of England for this he moves the Court to examine M'
Hatton as his Wittnes M' Hatton being from home the busi-
ness was respited till the next morning, and the p" and Defd'
both warned to appear in the Morning they both appear, and
plead in the business before M' Hatton's comeing in, M' Hat-
ton is called for declares in open Court nothing to the s<' Cap'
Mitchell's advantage. And Mitchell Seeing himself like to be
Cast pleads that he doth not appear, now for as much as this
Court and Testamentary Busmess, 1649-50. 165
W'" Smith is an Old aged man of 61 years, Seduced from his Liber B
Countrey wife and Children by the fair and false promises of
this Mitchell delayed and put off from Court to Court by the
Attorney of this Cap' Mitchell and himself and ready to goe
for England before any Court or relief can be had, for want of
which relief he must in all likelyhood perish, this Court being
a Court of Equity as well as Law doth Conceive this appear-
ance of Cap' Mitchell to be good, he voluntarily comeing of
himself and pleading day after day in the Case desireing his
Wittness to be Sent for one day and heard the next, And
therefore proceeds to Sentence as followeth, That the p'' ac-
cording to the promise and ingagement of the Def' be Satis-
fied for his charge of dyett for 16 months which after the rate
of one hundred pounds of Tobacco -p Month amounts to 1600
weight of Tobacco as likewise for his Voyage into England
and return into Bedford shire 1000' weight of Tobacco and
Cask together with the Cost and Charges of Suit for the which
Said Several Sumes he is hereby granted Judgment and after
Judgment Execucon and as touching the p'" demand of Goods
and other things now Complayned, for the Court thinks fit not p. 304
to meddle any further therein for the present but doth respit
the further hearing thereof till the next Court for which pur-
pose the Def' is hereby ordered then to appear peremptorily.
Execucon ad satisfaciend.
Know all men by these presents, that I, Geo: Mee doe firmly
by these presents acquitt and discharge John Allen from all
further Service which Should have been due by vertue of one
Indenture by him Signed unto M' Walter Cooper of the Island
of Barbadoes or his assignes as also by one Other Indenture
Signed unto M' Edmond Hunt of the Same Island Wittness
my hand this Nine and twentieth day of Aprill Anno Dni
1652. the Mark of
George G M Mee
Signed and delivered in the
p'^sence of
the Mark I of
Thomas Sturnian
Jn" Sturman
Know all men by these p'esence that I Walter Beane in the
Province of Maryland Planter Doe by these prescMice bind
my Self my heirs l-^xto's or Adm's in the penalty of thirteen
thousand four hundred and eight pounds of Tobacco to See
the Estate of William Broof deceased forth comeing and to p. 305
keep a Just and true account of the Said Estate appraised by
John Wade Chirurgeon and John Taylor at 6704' of I'obacco
1 66 Court and Testamentary Business, 1649-50.
Liber B. the Inventory of the Estate and appraism' hereafter menconed
as Witness my hand this 20'*' May 1652 the Mark of p^
Walter Beane
Teste Henry Coursey Clr
At a Court lield tlie 22''' June 1652 for the County of S'
Maries
M'^ Robert Brooke
p'sent Lieu' Richard Banks
Mr Phillip L^nd pu ■) ^^^ Complayn' declares upon an
jno Nichoiis Mm' to Thomas v action of debt due to him upon ac-
Medweiideceduef. j ^^^^^ ^^^^ ^l^g Deceased Thomas
Medwell and Craveth Judgment against the Defd" for his S'^
Debt the Def puts him to the proofe of it by his Oath the
p'' Sweareth that the debt of 450' Tobacco Is a Just and true
Reconing As it was agreed on by the Said p'' and the deceased
Def' The Court Orders that the Def' make Satisfaccon of the
Said debt.
Mr Tno Metcaif pi. -, The Complayn' humbly craveth
Jno Hatch Attorney to [■ Judgm' of the Court Upon a bill of
skippar Jacob Derickson Deft) gcippar Jacob Derricksou of Ten
pounds Sterling bearing- date the 25''' March the Said bill not
being paid according to ingagement the Def' Answers that the
Ship came into Accamack and brought the Goods according
to ingagement but before he could dispatch his business, there
the States of England's Ships came in and made price of the
Said Ships and Goods the Def' doth Suppose it to be a
Casualty of the Sea -p which the Said ingagement is made
voyd, the Court upon the mocon of the p" think fit to referr
the business to a Jury, twelve Jurors were Impaneled and
their charge given them as foil: viz' That they are to bring in
a Just and a true Verdict According to the evidences which
Shall be produced on either party whether the Said Shipp
p. 30O being taken as She was in harbour be a Casualty of the Sea
or noe The Jury goeing out & having Spent Some time in the
business they bring in their joynt Verdict and find for the p''
tlie Ship being in harbour, was past the danger of the Sea, the
Court having taken the business in Consideracon doth allow
the p'' 1600 Tobacco and Cask for the non performance of the
afores"" bill of 10' Ster with Cost of Suit and the Bill to be
delivered up to be Cancelled.
John Hatch pit \ The Complayn' declares upon a Bill of 457
Jno Danbe Deft j" of Tob° and Caske and i 30 of Tobacco for one
barrell of Corne both which Suffies amounts to five hundred
Cotirt and Testamentary Business, 1649-50. 167
eighty & Seven pounds, and further the Comp'' doth request Liber
the Court to Consider his damages, the Defd' acknowledgeth
his this debt the Court Orders the Def' forthwith to make Sat-
isfaccon with 8 p Cent for his damage, the damage amounts
to 92' of Tobacco Soe that tlie Sume is in all 679' And further
It is Ordered that the p" Shall have 50' of Tobacco towards his
Charges and loss of time in attending the Court
Walter Beane pH \ The Complayu' Sueth upon a bill for 1 730' of
John uanbe Ueft; Tobacco and 105' for which he Craveth relief
from the Court with Cost of Suit, the Def declareth that he
hath paid most part of the Bill only he hath left his accompt at
home and Craveth reference till the next Court, It is Ordered
that the Defd' bring in his accompt p the next Court pre-
remptorily
Walter Beane pit \ The Complayn' desircth to be relieved ag
joim naiiancc Deft | the Def' in an Action of Defamacon to his
great prejudice taking the Said p'' with altering the Mark of a
parcell of Piggs the Defd' answers that to his remembrance he
never Spoke any Such thing but evidence being proved on the
p'" behalf the Court Orders with the Consent of the p'' that the
Def' ask forgiveness of the p'' in open Court and the Def-
amacon to be forgiven It is further Ordered that the Def' pay
Cost of Suit.
George Ackerek pit ) UpoH the Pcticon of the P' for to be p. 307
John Vaiiane Ueft \ relieved ag' the Def' for driveing away a Bull,
the Def' declareth in Answer and puts the p" to prove his Com-
plaint the p" having noe Wittness desires the business may be
respited till the next Court, The Courts Order is that they
both appear at the next Court preremptorily
June the 22"" 1652
The Deposition of John Slingsby aged 35 years
or thereabouts being Sworn and examined
in Open Court Saith
That in Christmass Holy days I this Depon' went to the
house of John Vallane, Says John Vallane to me I and my boy
mark't 6 Shoats in Summer time and turned them down the
Neck and Moreover I went down one day and found them in
their bed haveing my mark & the Next day I went down &
found th"' in the Same Bed but Mark't with Walter Beanes
Mark, and their Ears all bloody, and the Said V'allance further
Saith, that he Saw three piggs in Walter Beanes house which
Suck't upon his Sow, and further this Depon' Saith not.
1 68 Court and Testamentary Business, 1649-50.
i''" ^- Mr William & Thomas Davnes 1 , ^hc p" declareth UpOO a bill
p Mr Hen: Coursey their Attorney pits l due the 25'^ Novembcr and
John Danbe Defdt ) Cravcth Judgm' of the Court
for 617' of Tobacco and Caske the Defd' Answers that the p'"
by their Attorney have reced in part of the bill io8' of Tobacco,
and William Johnson's bill of 251' of Tobo Soe that there
remains due upon the Bill 258' of Tobo for which the Court
Orders present Satisfaccon els Execucon
John siingsbie p't | The p'' Dcclareth that the Def' oweth him
John Uanbe Deft \ jqqI Jqj^ j^^id Cask, for a parcell of hoggs he
the p" Sold to the Defd' and craveth relief of the Court ag' the
Def' the Defd' not denyeing the Debt It is Ordered that the
Def' make present Satisfaccon and further to allow the p" for
loss of his time 50' of Tobacco with the aforesaid Sume or
execucon execuc ad Satisfaciend
Edward Hall moveth the Court to be relieved in a Case as
he thinketh he hath been wronged in, that he being Adm' to
George Manners and having given in Security formerly to this
Court to be responsible for the Estate there being a Judgment
p- 3°8 of Court which passed in the life time of the S'' Manners and
now lately upon that Order there hath been execucon granted
& the Sherriff having done his Office in the Said business, the
Court considering of the Injury done the Said Administrator,
It is Ordered that the Said goods Soe executed be returned
forthwith
Know all men by these presence that I John Mansfield doe
make over to John Hatch all my right and title of W"" Bradley
and Benjamine Hamon and two Cows one Yearling Bull and
weanling Calves which I the Said Jn° Mansfield doe makeover
to the aboves'' John Hatch as Security for payment of two
thousand Six hundred pounds of Tobacco and Cask Wittness
my hand :
the mark of I M Jn° Mansfield
ffrancis the wife of Walter Peakes hath given to her god
Child by name John Nevitt one Cow Calfe being Crop't on the
lef ear and Slitt in the Crop, and underkeeled and overkeeled
on the right ear with a Slitt, this Calf is given with all the
female increase to the Said God child and if the Said God child
Shall live to be 16 years of age then to have the whole pro-
duce both of Male and female, and if the Said child die before
it come to the Said Age of 16 years that that then the Said
Calfe with the whole increase to be at the Sole disposeing of
the Mother of the S"^ Child.
Court and Testamentary Bnsiness, 1649-50. 169
Walter Heane pit . . .\ The CoiTlp" rcquesteth the Court to Liber B.
Sen Rich'i Banks Admr of I relieve him against the Defd' in a bill
Joseph Cadle deced Deft ) ^074 of TobaCCO & 92' TobaCCO UpOH
accompt with the Cost of Suit the Defd' acknowledgeth the
bill and accompt It is Ord** the p'' payment upon the Said bill
and accompt and the bill to be delivered up to be Cancelled.
Robert Brooke Esc, pu ) The Comp" Sueth for a debt -p bill
Mr Walter Peakes Admr to [ bearing date the 17"" August 1650
Steven Samson deceased Uefdt ) f^j. ^^^ Q^^ ^j^,^ (^^jj-^ of about five
years Old and one heifer with Calf of about 3 years old and
one thousand pounds of Tobacco and Cask, the p'' doth p. 309
acknowledge he hath received all the Said debt, except Six
hundred pounds of Tobacco and Cask, the Defd' as Adm' doth
acknowledge the 600' of Tobacco and Cask, as yet unpaid of
the Said bill, It is Ordered that the Def'as Adm' make present
Satisfaccon with Cost of Suit and the bill to be delivered up to
be Cancelled.
The Comp" Sueth to be relieved
Mr Walter ISeane as Attorney to T , , ,^ ,-,' . , -n i • i
wm scote Admr to Wm lirou-ii I ag' the Del' ui a bill bearing date
•i^*:^'' p" I the 21''' March 1649 Containing
Humphrey Alwixe Deft J j r -t- l j r- i
1444 pounds ot lobacco and Cask,
the Def' declareth in answer, and proveth payment in part of
the Said bill the Sume of 890' of Tobacco and Cask and
acknowledgeth the remainder to be due which is 544', It is
Ordered that the Def' forthwith pay the remainder with Cost
of Suit.
Mrffrancis Brookes pu 1 The Comp'' Sueth to be rclicved ag' the
Mr John Danbey Deft / Defd" the Def' having unlawfully detained
a parcell of Cattle for Some years, which the Comp'' doth profer
to make appear to the Court the Def' in Answer Saith he was
bound to Esq Littleton of Accamack for a debt due to the S**
Esq Litdeton from the Comp" and for his the Def" Security
hadi bound over or mortgaged the Said Catde in question with
a parcell of bills for whioli Consideracon of Security he the
Def pleads he hath Satisfied the Said debt due to Esq Litdeton,
the Comp" pleads noe Sadsfacdon to the S"' Littleton from the
Defd' but w' he the Comp" p Cap' W'" Stone Esq and q^ him-
self hadi Satisfied and paid, papers were produced on both
Parties And the Court finding one Soe much Contradictory to
the other, that they Order the Said P" and Defd' to produce
•p the next Court under the hand of the Said Esq Litdeton
widi Sufficient proof of what hath been paid of the Said debt,
anil by whome it was paid, and at the next Court to bring in
their proof and preremptorily to appear.
lyo Court and Teslameittaiy Business, 1649-50.
13. I'hiiiip Land pH ) The Comp" Sueth for relief ag' the Def'
310 Edward ciaxton Defi ) in a debt "p bill bearing date the 6"" day of
June 1649 the Said debt being 350'° of Tobacco, the Defd' not
appearing and the Sherriff Confesseth he the Def' had a Law-
full arrest, It is Ordered the Sherriff make Satisfaction to the
p'' of the Said Debt of 350' of Tobacco, and the S'' Sherriff to
have the Same power against him the Defd" Security as- the
Comp" hath against him by vertue of this Order, and M' Land's
bill from the Def' to be delivered up to be Cancelled.
Received upon a bill of John Mansfeelds and John Norman's
the Sume of two thousands ' of Tobacco and Cask I Say reced
the aboves** Sume p me Rob' Brooke
June the 22''' 1652:
Lieu' William Lewis Compl. to the Court ag' Paul Simson
for that the Said Simson having out execucon ag'the Estate of
the Comp'' for a debt of 7800' of Tobo or thereabouts, he the
Said Lewis having Satisfied 7189' of Tob in part of the Said
debt, and that the Said Simson doth owe the Comp" 2000' of
Tob or thereabouts as the s'' Comp" maketh api)ear in the
Court, It is Ordered that the Sherriff make Stoppage of the
Said Execucon till next Court at which time they are both to
appear.
March the 18'" 1650.
Received of Humphrey Alwick eight hundred and ninety
pounds of Tobacco in part of payment of a bill I Say Received
890' "p me
•p me W"' Brough
Thomas Cole aged 34 years or thereabouts Sworn & exam-
ined in open Court the 23 June 1652 Saith
That there was a bond made and Signed from M's Susanna
Warren to Cap' William Mitchill in their voyage comeing to
V'irginia.in which bond She the Said M's Warren did acknowl-
edge to be indebted to the Said Cap' Mitchill one hundred
pounds Star, and She the Said M'^s Warren did ingage herself
i" to pay tiiat hundred pounds in Maryland or to remain the Said
Mitchell's Servant, till Such time as the S"* money Shall be
paid, further this Depon' Saith, that the S'' M'^s Warren being
in Portsmouth, did desire this Depon' to lend her money to
discharge the house where She lay, that She might goe aboard
the Ship, this request of hers being before Cap' Mitchill came
down to Portsmouth, this Depon' answered her, he had busi-
ness w"" his money about Cap' Mitchell's affairs, and could not
Spare it, within 2 days after Cap' Mitchill came down and
furtlier this Depon' Saidi not.
Court and Testamentary Business, 1649-50. 171
The Deposition of Mary the wife of Dan" Clocker being Liber b.
Sworn and exam'* the 23 June 1652 in open Court Saith
That in August 1651, the day this Depon' doth not well
remember that M's Susanna Warren was delivered of a Child
which came into the world dead, and was dead in the Mother's
womb, the Said Child not having any imperfection, Likewise
with hair upon it head and nails upon it fingers and toes, this
Deponent doth further Say that Doctor Waldron being in the
house where the Said Warren was brought to bed, M's ffen-
. wick called the Said Waldron in to know his advice in the
business, whome replyed that the Mother had gone out her
full time, and that the Child had been dead as he did Suppose
three weeks in it's Mother's womb, further this Deponent
Saith that about a fortnight before her delivery She the Said
M's Warrines came to the house of this Deponent and Said,
that her Child was dead within her, and that She did believe
It was by the means of a ffright taken by M' ffenwick's Ne-
groes ffurther this Deponent Saith that the Said Child was
free from any boyles or botches, or any disease. Saving only
that a little of the Skinn was broken to the bredth of betwixt
two or 3 fingers, and about 4 inches long comeing from under
the Arm upon the Stomach which this Depon't doth Suppose
It being Soe long in her Womb & further Saith not
The Deposition of John Mansfeld aged 36 years or there- p- 312
abouts being Sworn and examined the 23 June 1652 in Open
Court Saith:
That this Deponent Sold a parcell of Land containing 200
acres to Joseph Cadle and Robert Tutty then being Mates and
lived together at the house of M' Thompson's, This Dep' fur-
ther Saith that he took Joseph Cadle paymaster for the Said
Land the troubles of Countrey comeing into this Province the
Said Cadle was forced out of the Countrey and after the busi-
ness or troubles of the Countrey were over the S** Cadle not
returning the Said Robert Tutty came to demand the Joynt
bargain made to him and his Mate Cadle, and he this De-
ponent not thinking the Said Cadle would have returned into
this Countrey againe in respect the rumour run that he was at
Dutch plantacon, the S'' Tutty demanding the bargain, and the
Patent for the Said Land w"" an assignm' of it to himselfe, the
Said Tutty goeing along with diis Deponent to the house of
W"" Broughs, he this Deponent desireing the Said Brough to
make an assignment of the Patent of the Said Land to the
S'' Rob' Tutty the Said Land being formerly bought of the S**
Brough qj-This Depon' Josiah Cadle returning into the Coun-
trey again but a little before the Said Cadle comeing I this
I)ep° was Suctl ij the Said Brough for i^ayment of the S'' Land
172 Cotirt and Testamentary Biishiess, 1649-50.
the former arrest being putt off I this Depon' was arrested
again at the Same Suit for the Said Lands, made the S^ Cadle
my Attorney to Answer the Said Brough, he the S"* Cadle
came to a Composition with the Said Brough, Satisfieing the
S"* Brough in my behalf and also me for the Said Land and
further Saith not: Jurat coram me Robert Brooke
313 We whose names are hereunder written, doe Testifie that M"^
Edmund Wormell by Order of the right Worshipfull Cap' William
Stone Esq and Governor of this Province of Maryland, and in
his behalf hath tendred and made full payment to M's Mar-
garet Brent the Sume of ffour thousand five hundred pounds
of Tobacco and Cask, Two thousand eight hundred pounds of
Tobacco and Cask being paid by account Shewed us under
the Governor's own hand by Ord' of M's Margaret Brent being
in part of Satisfaction of his house and Land that he now liveth
upon and the Coppy of the Said accompt left in our hands, the
Other Seventeen hundred being now paid and tendred by
Edmond Wormell in good and Sound Merchantable Tobacco
and Cask for the use of M's Margarett Brent, according to the
Order of Court now Shewed us, and further that the Said M'
Wormell hath to our best Judgments fully Satisfied the afore-
. said Order Given under our hands this 23*^ day of January
1651.
Ihis lobacco was tendred at Popler John Lawson
hill five hhds cont^ 1479 the Other Rich: Bankes
• at the house of W'" cont" 379 which Signed Jn° I T Taylor
is in all the Sume of 1858' lobo & Cask. Rich: Watson
Know all men by these presents that I Rich"' Trewe Ship-
Wright doe for me and my heirs assigne pass and bind over,
all Such debts whether of Specialty or accompt as are due
oweing or any way belonging unto me the Said Trew within
the County of Annarundel as also one Sloop called the Anne
with all the tackleing belonging to her unto Edward Lloyd and
to his heirs and assignes. To Save and Keep harmless from
time to time the Said LLoyd from and touching a bond wherein
the Said LLoyd is bound with me the Said True in the Sume
of 2700' Tob and Cask To be paid unto Nicholas Gwyther and
William Boreman bearing date the 30"" day of June 1652
I Wittness whereof I have hereunto Set my hand the day and
Year above Written
Signed and delivered in the presence of Sign Rich Trewe
Rob' Vaughan. William ffuller
Court and Testamentary Business, 1649-50. 173
The Deposition of Susan Warren Widow ag 21''' Liber u
Sworn and examined the iS'*" day of June Saith ''• 3'-*
That when She hath been Sick calHng on God to help lier
Cap' Mitchell hath replyed what was that which 1 called God,
Did I know him, had I ever any Conference with him, I Said
not of his person, but by his works, I was Confident that I
Should have help from what I called on, Soe he hath left me a
while and come again and Said how now hath your God helped
you Ah thou may'st well be called a woman that will believe
any thing that is told you, Such a thing as God believe it not
thou art meerly led away with what your Parents hath told
You, that if you doe amiss O, it is a Sin, O thou art a fool I
will for a halfpenny Answer for all your Sins past or to come
or that purpose this Deponent averreth upon her Oath further
Saith not.
lur Cor Robert Brook
The Deposition of Phillip Land aged 45 Years Sworn and
examined June 21''' 1652.
Saith. That being at Supper about the 28''' of May last past
he heard M's Joane Mitchell wife to Cap' William Mitchell Say
that She thought there was noe heaven but a good Conscience
and noe liell but a badd Conscience or to that purpose and
further he Saith not.
Jurat Coram Rob' Brooke
Thomas Cole aged 32 years or thereabouts being Sworn
and examined the 22''' day of June 1652 Saith
That before this Said Deponents comeing out of England,
he was at M' Edmond Plowden's Chamber he asked me whome
I lived withall, I replyed Cap' Mitchell, he perswadeing me not
to goe with him into Virginia, and ask't me of what religion he
was and whether I ever See him goe to Church or noe, 1 made
Answer I never Saw him goe to the Church, he replyed that
Cap' Mitchell being amongst a Company of Gentlemen told
them that he wondred the world had been Soe many hundred p. 315
Years deluded with a Man and a Pigeon which M' Plowden
told me the .Said Mitchell attributed to our Saviour Christ and
the holy Ghost, and further this Dep' Saith not
Jurat coram Rob' Brooke
The Confession of Joane Toast the pretended wife of Ca[)'
W'" Mitchell made 29''' of June 1652 taken by the Grand Jury
Saith
That Since her Joyning together with Ca])' Mitchell before
M' Wilkinson in way of Marriage they have been as man and
wife in reference to the Marriage bed.
Sign Joane I Toast
174 Court and Testamentary Business, 1649-50.
:r B. William Wilkinson aged fifty years or thereabouts Sworn
may the first 1652 Saith
That in or about the lo'*" April last past Cap' Mitchell came
to this Depon'* house earnestly inviteing- him to goe home with
him to his house, when this Deponent came there, Cap' Mitchell
commanded his Servant John Baily to Stay in his Chamber,
where Cap' Mitchell a young woman with this Depon' were
present requesting this Depon' and John Baily to bear Witt-
ness that he took that woman to his wife and that they were
formerly contracted together further the Said Cap' Mitchell
expressed that if there Should be any Antipathic in nature
betwixt them they would part or live a Sunder but he would
allow her means, And the Said Mitchell further Said, I did
hope in God it would never be Soe, To this this Deponent
replyed, out of the Apostles words depart not without consent,
and that for a Season while you give your Selves to prayer and
fasting and further Saith not.
Jurat coram Rich Banks
The Deposition of John Baily aged 33 years or thereabouts
being Sworn the 18"' June 1652 Saith
That about the 10"' of Aprill last past Cap' Mitchell Ma' then
to this Depon' called him into his Chamber there being then
present M' Wilkinson the Said Mitchell brought a Comparison
316 from Adam, that was, that God created man and he being
alone, God thought fit to give him a Meet helper or to that
effect, after which words the S"* Cap' Mitchell told the S'' INP
Wilkinson that he took that Young woman to his wife, but in
Case there Should be an Antipathy in nature hereafter that
then he would put her away allowing her a Competency to
Maintain her. And further this Depon' declareth that the Said
Cap' Mitchell Said if there were any Antipathy in nature which
he hoped in God there would not be, that then the Said Young
woman was noe Meet help for man and further this Depon'
Saith not.
Jurat coram Rob' Brooke
William Smith Gent aged about 60 years upon Sumons for
his Lordps Attorney for that purpose being Sworn and ex-
amined
March 29"" 1651 deposeth as followeth
That about a Month or three weeks before the Dep" comeing
to Sea for these parts being about a twelve Month Since or
Somewhat more as he taketh it, he being then in Company
with Cap' William Mitchell now one of his Lorps Councell of
this Province of Maryland at his then lodging in the Strand
near the Savoy, the Said Cap' Mitchell desired'him this Depo-
Cottrt and Testamentary Business, 1649-50. 175
nent to call his this Deponents daughter vvhonie he the Said Libtf i
Cap' Mitchell as he then expressed Intended then Shortly to
take to Sea with him for these parts by the name of M's
Elizabeth Williams or Betty Williams, and the reason that the
Said Cap' Mitchell then gave to this Deponent for Such his
desire was for that he had a Sister or friend of that name
whome he deerly loved, and therefore desired that this Dcpon''
daughter Should be Soe called or to that effect, his this Depon'*
Said Daughter then and yet right name being Susan Warren
having been then formerly married to one Humphrey Warren
and further deposeth not.
W-" Smith
Jurat 19 Januarij 1651 coram me W"' Stone
William Hamstead planter aged about 23 years upon Sumons p- 3^7
from his Lordps Attorney for that purpose Sworn and exam-
ined deposeth as followeth
That about Six weeks or two Months before the Dep'^ Come-
ing to Sea for these parts he being then Servant to Capt" Wil-
liam Mitchell in the Strand near London, a Certain Gent there
present telling the Said Cap' Mitchell in this Depon" hearing
of Some other man that had a Servant that would Swear to
anything that his Master wovild have him though it were a lye,
the Said Cap' Mitchell this Depon"" then Ma' thereupon asked
this Depon' whether he this Deponent would doe the like,
whereunto this Depon' answered noe whereupon the Said
Cap' Mitchell replyed what a pox Should I doe with thee then,
thou art no Servant for my turn, all which or the Same in
effect, this Depon' upon his Oath avereth to be true and fur-
ther deposeth not
Will Hamsted
Jurat 1 9" die Januarij 1651 coram
me W'" Stone
The Deposition of Susan Warren widow Sworn and exani*^
the 22'" June Saith
That Cap' Mitchell would have married the S'' Susan Warren
when She was in England, notwithstanding his wife was live-
ing but She would not, Soe he comeing to Deale there I saw
him buy of the Doctor Some quantity of Opium which he told
me he would give his Litde Devil as much of it as would give
her a long Sleep he would warrant her, at which Saying I gave
M's Mitchell a great Caution of takeing any Phisick of her
husband's prescribeing for he did not wish her much good,
and Soe She gave me hearty thanks and Said She would not,
and Cap' Mitchell prayed the Doctor to prepare a Small quan-
tity for my.Self to make me Sleep, because lyeing on .Ship
176 Court and Testamentary Business, 1649-50.
Liber B. board had much distempered my head and broke my Sleep,
Soe when I was takeing the Same She fell on her knees desire-
ino- me not to take it reflecting on what I had told her made
p. 31S her the more fear full, but he had told me that it would not
hurt me, Soe I believed him for Said he It is but to induce my
wife to be willing, Soe I told her what he Said, Soe She told
me that She knew him to be a knave to her for he had Said
to her face that he never loved her, this I averr on my Oath to
be the very truth and further Saith not
Jurat coram me R°'^' Brooke
The Deposition of Susan Warren widdow aged 21 Sworn
& examined 24''' Aprill Saith
That when Cap' Mitchell he perceived She bred Child by
him he prepared a potion of Phisick over night unknown that
it was for herself in the Morning calls Martha Webb & bids
her poach an Egg and bring it to him presently which She did
Soe, he put this Phisick into that Egg and came to her as She
was in bed, and bid her take this, and She requesting to know
for what, he Said if She would not take it he would thrust it
down her throat, Soe She being in bed could not withstand it,
Soe Shutting all out of the room but himself for all that day
but only Martha Webb knew and none of the house else, but
they all told her afterwards, that they knew it was her that
tooke the Phisick, for all Cap' Mitchell Soe dissembled th' when
any body came to knock, he would take a towell and put it
about his neck and Soe lie down as if it had been himself that
had taken Phisick, Soe Some two or three days after he told
her that if She was with Child, he would warrant that he had
frighted it away, Soe when She heard him Say Soe She an-
swered him again if She had thought that She would not have
took it for a world, for it was a great Sin to get it, but a greater
to make it away and further Saith not at present
Susanna Warren
Jurat coram Robert Brooke.
The Deposition of Susan Warren Wid° aged
2 1 Sworn and exam'' 24''' Aprill — Saith
That when Caj)' Mitchell came to the Crosse Since his last
p. 3'9 arrival Said to the Said Susan Warren that he heard She had
had a Child. I She Said Soe She had and that it was by him
and She Said by none else, and he further Said that he heard
She had Suffered much disgrace for his Sake, I now if She
pleased he would make her amends if Marriage of her would
whereto She made Answer She would for She was fittest for
him, for being it was throuorh him that her oreat Misfortune
Court and Testamentary Business, 1649-50. 177
and disgrace was occasioned ; Slie hearing that his wife was Liber b
dead, and he being a Single man, She did think that he would
not twitt her with what She had done as another Might be-
cause he did it, and further this Deponent Saith not at present
Susanna Warren
Jurat coram
Robert Brooke
Mary the wife of Daniel Clocker being exam'^
& Sworn by vertue of her former Oath taken
in open Court testifieth as foUoweth
That She was the Midwife to Susan Warren and in the time
of her delivery charged the Said Susan Warren to Speak the
truth and to give Such an Answer as She would give an ac-
compt of to God and man, and whether those things that She
had Spoken of Concerning Cap' Mitchell that he was ffather
of the Child, and had given her Phisick to destroy it were true
or noe, and She answered that they were all true
This Testimony was given to me Robert Brooke in the pres-
ence of M's ffox June 28''' 1652.
The Deposition of Anne the wife of W™ Hempsted being
Sworn and exam'' June 27"' 1652 Saith
That at Deale when this Depon" was comeing towards Vir-
ginia being at the Sign of the States Arms in the aforesaid
Town of Deale I this Depon' heard the wife of Cap' Mitchell
pray W"" Hampsted that he would buy noe opium, and further
this Deponent Saith that She heard the afores'^ M's Mitchell
Say that She would not take any Opium and ffurther Saith not.
Jurat coram me Robto Brooke
ffurther the aforesaid Deponent Saith that M's Mitchell p- 32°
being in the Downes having one of her Swounding fitts upon
her and lyeing like a Dead woman M' Dorrington Said Sure .
She will never recover again Cap' Mitchell replyeing let her
alone She useth to be Soe 2 or 3 hours together and Soe lay
for two hours at that time.
Jurat coram Rob' Brooke
Martha Webb aged 22 years examined & Sworn Aprill 27"'
1652 Saith
That this Depon' being then in the dwelling house of Cap'
Mitchell a litde before his goeing for England upon a very
Cold morning, and when neither Cap' Mitchell or Susan
Warren were Sick he commanded this Depon' to poach him
an Egg, and to bring him a box of Pills .Saying that he was to
178 Court and Testamentary Business, 1649-50.
Liber B. ^^ke Phisick, when this Deponent opened the box She found
the Smell of the Pills See Strong that it had almost overcome
her and told him plainly that She could not take them out,
thereupon he bad her goe out and Shutt the doors when She
came in again She found Susan Warren wonderfully Sick and
the Cap' well, and did Several times See this Susan Warren
upon the Close Stool purgeing very Strongly but Cap' Mitchell
pretended and Said that it was he that took the Phisick but
that it wrought not well with him, and to make a Shew he put
a Napkin or Towell about his neck and laid a Pillow upon a
Stoole, and when any came in he would lye down upon the
pillow as though it had been he that took the Phisick, after-
wards when the heat and Spring of the year came this Susanna
Warren break forth all into boyles and Blaynes her whole
body being Scurfie, and the hair of her head almost all fallen
off, this is all the Depon' Saith to that particular of Phisick,
ffurther this Depon' maketh oath, that She heard Cap' Mitchell
Say often to Susan Warren that if she then were or hereafter
Should be with Child in the Countrey he would hire an Old
p- 321 Maid in Chichester and bring her into this Countrey along
with him which maid as he Said could help her on Such occa-
sion and noe body Should know it ffurther this Depon' Saith
not for the present
Jurat coram Robert Brooke
The Deposition of Willliam Hamsted aged 23
years or thereabouts Sworn & exam"* the 19 day
Jan'^y 1651 Saith
That he heard Cap' Mitchell at Deale being upon his voyage
hither tell M's Mitchell his wife that M's Warren whome he then
called Betty Williams, had Sent aboard a Cartload of goods
and Servants named Marke Webb which goods this Deponent
conceiveth to be the goods now claimed by the Comp'' M'
Smith in regard he hath often heard the Said M's Warren
t(;rm the Said goods hers which were challenged by the Said
Complayn' her ffather and for that the Said Cap' Mitchell
appeared to be unwilling it Should be known that the Said
M' Smith was ffather to the Said M's Warren whome he called
Sister and forbade this Depon' aboard the Ship in his voyage
hither to make it known that She was the Comp'" daughter
Saying it would be a disparagem' to him the Said Cap' Mitchell
or to that effect, and further Saith that at Portsmouth upon
their Voyage hither he Saw the Said M's Warren pay or
deliver to Cap' Mitchell Six pounds ten Shillings to pay for
her own passage, and further also Saith, that he heard Cap'
Mitchell Say that he could not have come this Voyage hitlier
if he had not borrowt;d five hundred pounds of the Said M's
Court and Testamentary Business, 1 649-50. 1 79
Warren or Williams, And further also Saith that he the S'' this i-ii^er
Depon' was present and a Wittness aboard the Said Ship to
the Sealing and delivering of a hundred pounds bond to the
Said Cap' Mitchell by the s'' M's Warren by the name of
Elizabeth Williams and that At the Same time the Said M'^s p- 3"
Warren openly before all the Company then present expressed
upon the delivery thereof th' She did not owe the S"* Cap'
Mitchell a penny but that She was forced to enter the Said
bond to procure her own peace and quiett or to that effect, And
the Depon' is verily perswaded in his Conscience that She
Speake the truth in that particular for that he was an Eye
Wittness to the Cruell harsh dealings by blows and otherwise
used by the Said Cap' Mitchell to the Said M's Warren
aboard the Said Ship, and this Depon' further likewise Saith
That the Said Cap' Mitchell after his arrival in this Province
gave Order in this Dep" hearing to M's Warren and M's
Boulton, that a Note or Inventory Should be taken of his own
goods, that they might not be mingled with the Said M' Smith's
goods, and afterwards the Same or the next day this Depon'
taketh it the s'* Cap' Mitchell in this Depon" hearing in the
Hall of the white house where there lay a good bedd and two
blanketts by themselves, ask't M's Warren whose bedding it
was, who Said it was her ffathers, to which the Said Cap'
Mitchell made noe reply Soe far as this Depon' remembreth,
all which before herein rehearsed or the Same in effect this
Depon' averreth upon his Oath to be true and further Saith not.
Jurat die & Anno Supradict coram me
W'" Stone
The Deposition of Anne Hamstead wife of
W"' Hamstead Sworn & exam'' June 20"'
1 65 1 Saith
That at Portsmouth in England upon Cap' Mitchell's & the
rest of his Company their late comeing to to Sea for these
parts She there Saw the S"* Cap' Mitchell borrow of M's Susan
Warren who then went by the name of M's Eli/.: Williams Six
pounds ten Shillings which She the S'' M's Warren Said She
would pay for her passage hither And which money She was p. 323
drawn to lend unto him upon his telling her that he had paid
for the passage of more then he had to Ship aboard and that
he wanted money for Su[jply of his then present occasions, and
She might as well Ship herself upon his account which Should
be noe prejudice to her at all or to that Effect and further this
Depon' Saith She heard the Said Cap' Mitchell Say that the S''
M's Warren or Williams had paid him Six pounds ten Shilling
at Gravesend for the passage of Martha Webb her Servant,
and that he had not been able to have brought any Consider-
I So Court and Tesiammiary Business, 1649-50.
Liber ]i. able adventure hither, had not She S' M's Williams lent him
five hundred pounds which this Depon' hath often heard him
Say he owed to her the Said M's Williams, and that Cap'
IVlitchell at the Downes aboard the Ship caused M's Williams
to fetch the bond wherein he Stood ingaged to her for the
Said ffive hundred pounds to Shew the Same to the Master of
the Ship upon his desireing to know whether She had Such a
bond and that the Said bond was carried a Shoar at Deale to
be Shewed to M's Mitchell, and likewise that he was to give
her a Rideing Suit which She brought to Sea with him, in Hew
of a Watch and a ring which he had Sold of her's in England
and that he was also to give her a Mande which he brought in
with him hither in Satisfaccon of a Mourning Cloak w'^'* he
had of her, and which he had disposed of in England, and this
Deponent further also deposeth, that She was present at his
the Said Cap' Mitchells house in there at or near S' Maries
when he the Said Cap" Mitchell asked her the Said M's Warren
which were her ffather's goods, delivered or Caused to be de-
livered unto her one ffeather bed one bolster two pillows a pair
of Blanketts and one bedd Rugg three pair of Sheets two pair
p. 324 of pillow bears one dozen and half of Napkins Seven pewter
dishes all marked with J: S: a great brass pan a Great brass
pott, a litde brass or Bell metde pott & Skellett and directed
her to lay them aside that they might not be mingled amongst
his own goods, of which he was then about to take an accompt
or Inventory or to that effect, And these being all the goods
which at that time could be found whereunto She the s"* M's
Warren did lay any clayme unto as belonging to her ffather
were then accordingly laid aside and Separated from his the
S^ Cap' Mitchell's goods, and delivered into the Custody of
the s'' M's Warren the Pewter being all marked with J: S:
as afores'' and the Linnen and bedding also the ffeather
bedd were marked with J: S: and Some double J: to the
best of her remembrance which goods or divers of them
were aftewards by the Said Cap' Mitchell or his appoint-
ment taken out of the Custody of the Said M's Warren, he
the Said Cap' Mitchell telling her that in regard he was at
the charge of the transportacon and that they were Shipped
upon his accompt he Saw noe Cause but he might make the
best use of them to his own benefit though they were her
ffather's goods or to that effect, And this Depon' ffurth"- also
deposeth, that She heard the Said Cap' Mitchell upon M"- Wil-
liam Smith's departure Say that if he the Said Smith were a
ffreeman and would not acknowledge him for his Master what
had he to doe to maintain him or what did he there, and bad
the s'' Smith provide for himself for he Should Stay in his house
noe longer or to that effect. And further likewise this Depon'
Cotirt and Testamentary Business, 1649-50. 181
Saith that M's Mitchell wife to Cap' Mitchell amongst other Liber b.
discourse asking- her husband at Deale being upon his voyage,
whether M's Williams went upon his account or that She or
her ffather carried any Adventure with them, he the Said Cap'
Mitchell answered that he had Shewed her a Waggon Lade-
ing of goods which the S'' M' Smidi brought out of the Coun-
trey with him to carry to Sea ffurther Adding upon further?. 325
discourse that the Said M' Smith went to be as a ffreeman and
not as his the Said Cap' Mitchell's Servant And further this
Deponent likewise deposeth, that being at Sea in her voyage
hither She there Saw Cap' Mitchell by harsh and Cruell usage
and by Several Menaces & threatnings prevail with the Said
M's Warren by the name of Eliz Williams to become bound
to him in a bond or bill of an hundred pounds telling her that
unless She would enter into the Said bond or bill She Should
never live a better life but that he would make her to fetch
water, and make clean his foot boy's Shoes or to that effect,
And that upon entring in the Said Bond, the S'' M'' Warren
expressed openly to the Company then present, that She owed
him the Said Cap' Mitchell nothing, but She did it to procure
her own quiett or to that effect, and that presently after the
entring into the Said bond the Said Cap' Mitchell came to this
Deponent and told her that he had got the finest lye upon
Williams that ever any man had, and that if he had not taken
that Course of beating of her he Should nevet have gained it,
and that he had made her enter into the S*^ bond, yet owed
him not one ffarthing, all which herein before related, this De-
ponent upon her Oath averreth to be true in effect and further
deposeth not — Jurat die novo post emendacon 22 die
Jan 1651 coram me Tho: Hatton
Richard Hoskins Gent deposeth as followeth Being at the
house of INP William Eltonhead in or about the Month of May
was twelve month being in discourse with Elizabeth Williams
als Susan Warren concerning Cap' W'" Mitchell, he then heard
the Said Williams als Warren Say that She would damn her
Soul but She would be revenged of that Rogue Mitchell, And
this Depon' further Saith that the Said Cap' Mitchell did before
his goeing into England in the presence of George Manners
and Vi firiendship Offer this Deponent to give him the Said ,,. 326
Elizabeth Williams, but he refusing to accept of her the said
Williams being informed thereof press't him to accept of the
said Mitchell's offer, and told this Depon' she would give him
satisfaccon if he would.
Jurat coram me R L' Brooke 22''° Junii 1652
John Baily deposeUi that at the White Mouse some time
after Cap' Mitchell's arrival he heartl Elizabeth Williams al
1 82 Court and Testamentary Business, 1649-50.
iber B. Susan Warren say that she would damn her Soul but that she
would be revenged on Cap' Mitchell or to that effect and
further saith not.
Sworn in open Court 30 Junii 1652
p. 327 At a Court held at S' Maries 29 Junii anno
Dni 1652
Present as the day before, Only M"' Secretary was taken off
by reason he was to prosecute being his Lordps Attorney.
p- 328 The Court this day took into Consideracon a Peticon exhib-
ited by Cap' William Mitchell who intended (as it Seems) to
have preferred the Same to the Assembly had it gone on.
The Peticon being as followeth viz'
To the Honble the Assembly for regulateing the
affairs of the Province of Maryland.
The humble Peticon of Cap' W™ Mitchell Humbly Shewing
That your Peticoner was on Saturday last comitted prisoner
to the Common Goal upon a Warrant Signed by Robert
Brooke Esq, In which your Peticoner Stands charged in gen-
eral words with Murther Atheisme and Blasphemy, Crimes
never in the least acted or within the Intention of your Peticoner
Your P.eticoner therefore humbly prays he may be
Speedily called to his Answer, and have his liberty
restored in Case noe crime in Law be proved against
him that warrants his Imprisonment upon the warrant
before menconed. And that his Natural filing for which
God hath pleased to afflict and humble your Peticoner,
may not be pressed against your Peticoner in Cases
wherein the Laws of England are Silent, And .your
Peticon' Shall ever pray.
W" Mitchell
Upon reading of which Peticon the Court gave direction for
a Speedy tryall whereupon his Lordps Attorney M' Hatton
brought in his Charge as followeth viz.
May it please this Honble Court.
It is fallen to my Lott upon the late alteracon in the Gov-
ernment as Attorney to the Lord Propriary to be -psecutor
against Cap' William Mitchell now prisoner here upon M"'
Brookes Warrant, I could have wished there had been no Such
occasion. The Crimes for which I am to charge him being Soe
many and Soe haynous, that I have not known or heard of the
like, It troubles me the rather in regard the Lord Baltemore
Court and Testamentary Business, 1649-50. 183
hath been formerly Soe far deceived in him as to place him Liber h.
here in the Seat of Judicature, which by his Scandalous course ''' ^^"^
of life and gross heinous offences, he hath extreamly abused,
Whereas he ought (especially Soe placed) to have given good
example to others and to imploy that Talent and those abilities
of witt and understanding (which almighty God hath indeed
in a large measure bestowed on him) to his glory and the pub-
lick good, But by Common experience it is apparent, that the
chiefest use he hath made thereof hath been to colour over his
Villanous Courses, and to mock and deride all Religion and
Civill Government, As the Court may (in part) take notice by
the particulars of his Charge being as followeth Viz'
The Charge of die Lord Proprietary's Attorney by way of
Indictment against Cap' William Mitchell in the name of the
Keepers of the Liberties of England by Authority of Parliam'
fifirst That by his expressions as well as practice as will as
I conceive) appear by proofe) he hath not only professed him-
self to be an Atheist, but hath also endeavoured to draw others
to believe there is noe God, makeing a Common practice by
blasphemous expressions and otherwise to mock and deride
God's Ordinances, and all Religion, thereby to open a way
to all wicked lustfull licentious and prophane Courses.
Secondly: — That he hath Comitted Adultery with one
Susan Warren
Thirdly — That he hath Murtherously endeavoured to de-
stroy or Murther the Child by him begotten in the Womb of
the Said Susan Warren And is much Suspected (if not known)
to have brought his late wife to an untimely end in her late
Voyage hitlierward by Sea.
ffburthly — That (as I conceive will a[)pear by proofe) he hath
Since his late wife's death lived in fornication with his now
pretended wife Joane :
And for these and other grosse Crimes and Misdemeanors
(Sufficiendy 1 conceive) appearing by proofe. My humble
request is that the prisoner may be brought to his Answer, and
upon a Speedy tryall may receive punishment according to
Justice to God's glory and discharge of the Government in
that particular :
To which Charge the Said Cap' Mitchell the prisoner by his p. 330
Answer pleading not Guilty made Choice to be tryed by a
Jury Whereupon these persons following were warned to be
of the Grand Jury for the tryall viz' — M' Cornelius LLoyd the
fforeman !\P Kdward LLoyd Cap' William I'uller M' Robert
Clark M' Thomas Marsh, Cap' John Barriff M' ffrancis LLoyd,
M' Thomas Daynes, M"^ W"' Nugent Lieut' William Lewis M'
Henry Mooper and M' Thomas llinson who being all particu-
184 Co7{rt and Testa^nentary Business, 1649-50.
Liber B. larly called by name and attending the Court, The prisoner
being demanded whether he could take any personal excepcon
against any of them, expressed that he could not but was well
Satisfied therein. Whereupon the Jurors were Sworn and their
charge given them to bring in a Just and true verdict upon
every branch of the Attorneys Charge aforesaid according to
evidence to the best of their Skill who after much time Spent
therein brought in their Joynt verdict in the words following
viz' Vera to the first Soe far as one Deposition with Sundry
Circumstances thereunto agreeing Shall be thought valid in
Law
To the Second third and fourth Billa Vera After the
bringing of which verdict the Court discharged the Jurors and
the day being far Spent and by reason of other Occasions, the
Governor adjourned the Court till the day following :
The Same Court Continued ult Junij
1652
j The Governor and Secretary )
P ^"^"^ \ Coll" Francis Yardley ( M' Job Chandler
This day his Lordps Attorney M' Hatton by appointm' of
the Court brought in his Charge ag' Susan Warren Widow a
prisoner as foUoweth viz'
In the name of the Keepers of the Liberties of England by
authority of Parliament, and as Attorney to the Lord Proprie-
tary I here declare against Susan Warren for that She hath
Comitted Adultery or ffornication with one Cap' William
Mitchell, and thereby and by certaine prophane or blasphemous
expressions much dishonoured God and given great Offence
p- 33' and Scandal to the Government and prayed She might receive
punishment according to Justice &c
And the Said Susan Warren being called to her Answer
and the Said Charge read unto her could not deny the Offence
of ffornicacon the Same appearing by her own Confession
upon Record, and her prophane expressions appearing by the
Oaths of Mary Clocker and Richard Hodgkins upon Record,
and She acknowledging her Offence humbly desired the Court
would be favourable unto her But in regard of the Great
Scandal to the Government by her lewd Course of life Soe
publick and notorious It is thought fit and Soe Ordered, that
She be forthwith whipped with thirty nine lashes upon her
bare back, and .Soe to be discharged of her Imprisonment in
that particular which punishment She received accordingly
with Some Mittigation upon the Intercession of Some of the
Counsel! and Others to the Gov"' on her behalf.
Cap' William Mitchell this day referred himself wholly to
Court and Testaynentary Business, 1649-50. 185
the determinacoii and Judgment of the Court for all matters ^'''^'' ^•
charged against him upon which the Grand Jury had given in
their verdict the day before not desiring that the Court Should
be troubled with impannelling another Jury for the further
tryall thereof.
This Court therefore takeing the matter into Serious Con-
sideracon upon the perusal of the proofs and in pursuance of
the verdict of the Grand Jury for his Several Offences of
.Adultery ffornication and Murtherous intention, and in respect
of his lewd and Scandalous Course of life Sufificiently appearing
upon the proofs doth Order that the Said Cap' Mitchell Shall
forthwith pay fihve thousand pounds of Tobacco and Cask or
the value thereof as a ffine to the Lord Propriary, And to enter
into bond for his good behaviour, And that he and his now
pretended wife Joan be Seperated till they be Joyned together
in Matrimony in the usual allowed Manner, And that paying
the Court Charges and Other ffees and Charges of imprison-
ment he is to be discharged of his Imprisonment in this par- p. 333
ticular
26 Marcij 1653 Execuc for 2000' of Tob & Cask
part of the 5000 the Governor having remitted
2000 & 1000 being paid or payable to himself
Susan Warren pit 1 Whcreas by a former Order of Court
Capt wm Mitchell Deft / made in this Cause the 22"^ day of Aprill
last the hearing thereof was respited till the then next Court,
And the parties p" and def' this day attending for a tryall
therein and upon full hearing what could be alleadged by either
party in this Suit and upon perusal of the proofs on both
Sides, the Court upon reading the Deposition of William
Hampstead, It appearing thereby that the Defd' had expressed,
that he that would not forswear himself was noe Servant for
his turn, the Court thought to Set aside the Depositions of
Henshaw and Hoskins as being the Defd" Servants and Sub-
sequent to the Depositions of William Hamsted and his wife
who depose positively to the p'"" paying for her passage iiither,
and there appearing much Jugling and baseness in the whole
business, and the Court being Satisfied th' the p'' did not
accompany the Defd' from England hither w"' any intention to
be his Servant who had made her his Companion and bt;d
felow for which by Order of Court She had received punish-
ment It is therefore Ordered, that the Complayn' Susan Warren
be from henceforth absolutely freed & discharged from all
Service any ways claimed from her by the Defd' Cap' William
Mitchell upon any claime or pretence whatsoever and Wiiereas
M' Robert Brooke one of the Counsell attesteth th' the Said
Complayn' hath remained prisoner a long time for the Defd"
1 86 Court and Testamentary Business, 1649-50.
Liber B. Security of her forthcoming to be answerable to his clayme of
Service from her, he refusing to release her, It is also Ordered
that the Def Shall Satisfie and pay all ffees & Charges of
Imprisonment hereby by her Incurred.
p- 333 Upon the Mocon of Coll° William Cleyborne and Upon
reading of an Order of Court of the 22"^ of Aprill last made
between his Lordps Attorney General p" and M's Mary Brent
Defd' It is Ordered as formerly that the hearing of the Matter
in question be respited till the next Assembly, that Coll° Clay-
borne may by himself or his Attorney then make his Clayme
to the Beefe in question if he think fitt.
The Court riseing the Governor appointed the next Provinc"
and General Court for this County of S' Maries to be held the
twentieth day of November next ensueing.
At a Court held at S" Maries the 14"" of July 1652 upon a
speciall warrant
j The Governor ) M' Thomas Hatton &
P ^^"' ) Coll° ffran: Yardley [ M^ Job Chandler
Laurence S.arky Esq. by Mr -, Johu Carrington audNicholas
Thomas Matthews his attorney ph \ Whight this day appeaXmg UpOU
John carrington & Richd Whight def.s ) ^^^ ^^^^^^ according to a Speciall
p. 334 warrant for that purpose and M' Thomas Matthews the p'"
Attorney on the p'" behalf clayming them as Servants, and
chargeing them with much neglect in those imploym" wherw'''
they had been intrusted, The Defd" alleadged they had been
discharged of their Service by Articles of Agreement heretofore
made between Thomas Copley Esq deceased and them dated
the 23"' of December last whereby in Consideracon of their
ffreedom they were to make a Cropp, and to pay unto the S**
M' Copley his Successors or assignes Certain quantities of
Tob: at the times therein limitted And that they had pitched a
Cropp accordingly, but that by reason of much rain the plants
had been drowned, and that there had been noe neglect on
their parts. But the Defd" expressing themselves unable or
unwilling to give Security for performance of the Covenants
on their part, And upon perusal of the s** Articles of Agree-
ment, It appearing that the S'^ M' Copley had not absolutely
thereby freed the S*" Carrington and Whight, but upon Con-
dicon of their performance of the Covenants on their parts
therein expressed, and the Court being of Opinion, that a bar-
gain of that nature, betwixt the Master and his apprentice Ser-
vants was of noe Validity in Law, Doth therefore for a final
end of the matter in c^uestion think fitt. And it is accordingly
Ordered that the Said Articles of Agreement or Covenants be
from henceforth voyd and Null, And that the Said Dt;fd" Car-
Court and Testamentary Business, 1649-50. 187
rington and Whighte Shall Serve out their Several times of Liber b.
Service to the Comp", or to whome the Estate of the Said M''
Copley doth properly belong, As if the Said Articles of Agree-
ment or Covenant had never been made
Know all men that I William Scott Marriner doe Constitute
and ordain as my LawfuU Attorney Walter Beane of Maryland
to ask demand clayme Sue and arrest and imprison any person
or persons that Shall appear to be indebted by Bill or other-
wise to have in their Custody any Cattle or goods of M' WiHm
Brough late deceased and for the receipt or Satisfaccon of the
Said debt Cattle or goods to give As full discharges as if I p- 335
my Self were in person, As Wittness my hand at Popler hill
Creek in Maryland this 23"^ of Aprill 1652
WiHm Scott
Wittness John Lawson Cr: CarnoU
This 22''' of May 1652. Sold and delivered by us WiHm
Scott and Sarah Scott unto Walter Beane of Maryland all the
CatteH and land and debts which were formerly known to be
M' Broughes deceased, ffor all which Said CatteH Land and
debts We the Said William Scott and Sarah Scott doe promise
to defend the Said Walter Beane and Save harmless against
all Just claymes in Law
Wittness our hands : W"" Scott
Saraji Scott
Wittness by us Jo: Hatch Ben Cowell
Be it known unto all men by these presents that Wee Thomas
Warr and Nathanlell Hunt both of Mattapania of Patuxent
River, We the Said Thomas Warr and Nath" Hunt doe bind
our Selves Joyntly and Severally with our heirs Exto's Adm's
or assignes to pay or cause to be paid unto Richard Trewe
Shipwright the full and Just Sume of fifive thousand pounds of
good Sound Merchantable Tobo in leaf with good Sufficient
Cask for one Sloop called the Anne with Other goods which
makes the Sume aforesaid of 5000' of Tobo which Sume is to
be paid by us the afores'' Thomas Warr and Nathaniel Hunt
by the tenth of Novenl next ensueing the date hereof, where-
unto We the Said Thomas Warr and Nathaniel Hunt have
Sett to our hands Joyndy and Severally this present day being
the 17"' day of September and in the year of our Lord 1652
Wittness Henry ffalconer The mark of ^ Thomas Warr
Nath Hunt
The mark of Thomas Hamper
ffor the payment of the Sume above menconed of ffive thou-
sand pounds of Tobacco We die aforesaid Thomas Warr and
1 88 Court and Testamentary Business, 1649-50.
Liber B. Nathan" Hunt doe bind and make over our Cropps unto the
Said Richard Trew for the full Satisfaction of the s*^ debt above
menconed of 5000' of Tobo whereunto We the Said Thomas
Warr and Nathan" Hunt have likewise Set to our hands this
present day being the 1 7"' day of September and in the year
of our Lord 1652.
Wittness Henry ffalkoner The Mark of Thomas Warr
The marke of Thomas Hamper Nathaniel Hunt
M' Richard Harris Merchant his Mark for Cattell and hoggs
viz' the left Ear Crop't with a half moon on the nether Side
thereof under the Crop, and hole in the right Ear.
p. 336 I\P Richard Harris Merchant maketh Oath that being yester-
day att the house where Thomas Warr lived, he found the
door barred and looking in at the window perceived that Most
of the household goods were removed out of the house, and
that one John Read hollowing about the Plantacon, there were
not any that made Answer Soe far as this Deponent heard,
and that one Richard Trew having Sold the Said Warr and
Nathaniel Hunt a Sloop as appears by a Conveyance upon
Record this Depon' verily believeth that the Said Warr and his
wife and Nathaniel Hunt are lately gone out of the province
or upon their voyage in the S"* Sloope on purpose to avoyd the
payment of their debts.
Jurat 21 Sept 1652. Tho: Hatton
Paul Simpson Marriner maketh Oath that by reason of Some
late passages and expressions used by Walter Peakes of the
County of S' Maries in this this Province of Maryland he hath
great Cause to Suspect and doth verily believe that he this
Deponent cannot goe about his urgent occasions within this
County in Safety but that his life will be indangered by the
Said Walter Peakes if Some Speedy Course be not taken by
the Governm' to restrain his the Said Peakes desperate wilfuU
intention and endeavour in this respect:
Jurat 29" Sept 1652 coram me. Tho: Hatton
Geoffry Oliver aged about 48''' years being Summoned Sworn
and examined this 29''' of Sept 1652 deposeth & Saith
That about five or Si.x weeks Since he this Depon' being
then at the dwelling house of Walter Pakes at or near New
town within night he then and there Saw the Said Peakes
Strike M' Paul Simpson with a Sword Cutting him very dan-
gerously into the Arm, the-Said Simpson having not then any
thing in his hands to defend himself withall the Said Peakes
Cojcrt and Testamentary Btisiness^ 1649-50. 189
pursuing the S*^ Simpson into the Said house before he Soe Liber b.
Struck him as afores'' having newly before as it appeared
Stabbed him with the Said Sword Very dangerously into the
Side: but this Deponent did not See when the Said Simpson p. 337
was Soe Stabbed, And further this Dcp' Saith that the Same
night he heard the Said Pakes tell the Said Simpson, and the
rest of the Company then present, that he the Said Pakes had
that day Seen him the Said Simpson lye with his the Said
Pakes his wife and further Saith not
Jurat die & anno Supradict coram me Tho: Hatton
2 2"*° No: ffrancis Martin his Mark for Cattle & hoggs viz'
Cropt on the right Ear with a Nick or Slitt in the under part
of the Ear below the Crop and the left Ear flower delined.
William Martin Son of ffrancis Martin his Mark for Catde
and hoggs viz' Crop't on the right Ear with a Notch or peece
taken out of the under part of the Ear below the Cropp, the
left Ear fflower delined.
Lodowick Martin Son of ffrancis Martin his Mark for Catde
and hoggs viz' Cropt on the right Ear with a Notch or peece
taken out of the upper part of the Ear betwiivt the root and the
Cropp, and the left Ear flower delined.
22° No. Martin Kirk his Mark for Catde and hoggs viz'
Cropt on the right Ear and the left Ear Slitt, and a peece
talcen out underneath the Ear
Be it known to all men by these presents that I Martin Kirk
for the full Satisfacdon in hand received doe for me my heirs
or assignes, bargain Sell and deliver all my right and tide of
two hundred acres of Land which goeth by the name of S'
Jeromes thickett. Beginning at the litde Indian ffield and Soe
bounded on the homes with all rights and priviledges belonging
thereunto, unto ffrancis Martin his heirs Exto's or assignes
peaceably to enjoy from all trouble or Molestacon from any
persons whatsoeu And I the Said Martin Kirk doe bind my
Self and my assignes to warrant the Sale of the Said Land
unto ffrancis Martin his heirs or assignes from any person or
persons whatsoever and any Suit of Law that Shall at any time
hereafter ensue upon this Said Land in performance hereof I p. 338
the Said Martin Kirk have hereunto Set my hand this 20"" day
of August Anno Dni 1651 his marke
Martin : M K : Kirk
Signed and delivered in
the presence of Thomas Ashbrookc his mark
John Prince
190 Court and Testamentary Business, 1649-50.
■iber B. Apnll 2"^ I 64O
Memorandum that I firancis Anketill doe bargain Sell and
Make Sale of one browne Cow and increase marked with an
hole in each ear the one hole being Slitt out, the which Cow I
doe a warrant from all Just claimes of any person or persons
whatsoever, I Say the Cow that George Manners Milked of
Mine the last year Wittness my hand :
ffrancis Anketill
the Mark of
I
Henry Pountney,
Nicholas Keating
24 Novembr 1652 William Whitde and Walter Peakes
having this day taken their Oaths before his Lordps Secretary
to make a Just and true appraisement to the best of their Skill
and understanding of a Plantacon at New Town late of Joseph
Cadles deceased being as they alleadge in the whole 150 acres
of which 100 acres is leased out, they doe value the Same upon
their Oaths at Twelve hundred pounds of Tobacco and Cask
Wittness their hands the day and year abovesaid.
Jurat & Signal coram me Walter Pakes
Tho Hatton The Mark of
WiHm ^ Whitde
19"' October 1650
Sold and delivered unto Thomas Thomas one Black Cow
Cropt on the right Ear Green horn'd for the price of Seven
hundred pounds of Tobacco and Cask and I doe hereby warr'
the Said Cow to him against all men
W"' Evans
Wittness W"' Hungarford Jeziph I Cadle
Thomas Thomas his Mark for Cattle & hoggs viz: both Ears
Slitt half the way down right and underneath that Slitt, a Slitt
Cutt Cross the middle of the Ear in the fashion of a T on both
ears.
November 2^ 1652
These presence Wittness that We Paul Simson & Walter
Peakes both of Maryland Planters have released and doe
p. 339 hereby release both of us, the one the Other from all Actions
of Suit for debt or damage comenced by either of us or by
either of our Attorneys against the other from the beginning
of the world unto this present day, or to be comenced for any
matt(;r of damage pretended to be done by either of us against
the other at any time before this present day, revokeing and
Court and Testamentary Biisiness, 1649-50. 191
disannulling hereby all Attorney- Ships granted and other pro- Liber b.
ceedings of Law done, by either of us to the Contrary hereof
against the other, and the Said Paul Simson doth further
hereby release the Said Walter Peakes from the bond for the
peace and good behaviour wherein he Stands bound in the
Court of Maryland at the Complaint and Suit and in the
behalf of him the Said Paul Simson to all which Wittness our
hands.
In Wittness of us Paul Simpson
Giles Brent. Richard Ware + his mark — Walter Peakes
Att a Court held at S' Maries the 20"'
Novemb' 1652.
j The Governor T M' Thomas Hatton
present | ^^^^, ffi-ancis Yardley j M' Job Chandler
Upon the Complaint of Mary Jones against M' WiHm
Eltonhead and M's Eltonhead, her Master and Mistress touching
Some harsh usage by her the Said Mary pretended, By Con-
sent of both pardes It is Ordered that the Said Mary Jones
return home with her Said Master and Mistress, who are not
to meddle with her their Said Servant, for Matter of Correction,
but to Sell or exchange her with 'all Convenient Speed that
may be, and that the Said Servant be ready and willing to
execute and fullfill her Said Master and Mistress lawfull Com-
mands, and that the Said M' Eltonhead pay M' Land 50' of
Tobacco according to his and the Said Land's agreement for
her the S** Servants dyet.
Att a Court held the 22"" present as on the
2Qth
capt Thomas Cornwaiiis pU i The p" Sues for twelve hundred
Mr John Pile Defdt / pouuds of Tobacco and Caske for
transpordng of the Defd" Cattle from Accamack Anno 1643,
to which the Def' pleads a discharge for this debt appearing
upon Record dated August the third 1647 ^o'" ^' Cuthbart p. 340
ffenwick the plant, then Attorney who being present now in
Court acknowledgeth the discharge but alleadgeth, he gave
that discharge or Acquittance to die Defd' expecting to have
received the debt of Argall Yardley Esq who after the Said
M' ffenwick had deliverd up to the UeP his Bill given for this
debt, promised him the Said I\P ffenwick Satisfaction in goods
for the Said debt, when his the S** NP Yardley's dutch Ship
came in as he the Said M' ffenwick now expressed in open
Court, but that he had never Yet reced any Satisfaccon there-
fore, and the Court upon hearing what could be alleadgeil on
both Sides is of Opinion, that the Said acquittance given to the
192 Courl and Testamentary Btisiness, 1649-50.
Liber B. Oefj" ought to be a Sufficient discharge for him touching this
debt against the p" and doth therefore allow of the Defd" Said
plea in that particular, and doth Order that the p'" Suit be dis-
missed with Court Charges and one hundred pounds of
Tobacco to be paid by the p" to the Def' in respect of his
Charges and trouble therein Sustained but
Fat the Court 220 Novr] ^x, -i^ r, • r^ ^ -^^ ^u ^u c • j
the Uei' m open Court remitteth the baid
hundred pounds of Tobacco for his Said trouble and Charges.
The Deposition of Ralph Harellton aged 21 years or there-
abouts Sworn and exam'' this 12''' of Novemb' 1652 Saith
That Paul Simpson comeing to the house of my Master
William Lewis at Port tobacke about the beginning of Novem-
ber was twelve Months, he told my Master that he was bound
up the River upon a hunting voyage, my S"* Master being
bound then upon the like Occasion up the River, the S'^ Simp-
son desired my Master in regard he could not Speak to the
Indians nor understand them, that they might Joyn together
and what meat was killed to be Shared equally between them
whereupon my Said Master left his own boat at home and put
his Gunns and powder and Shott with two barrells of Salt and
a Tunn of Cask aboard of Simpson's Vessell, and went up with
him himself and Carried the Deponent with him and goeing
up the River We were informed that there were Apomattocks
p- 341 Men a hunting at Pascattaway wither Wee were bound, and my
Said Master having Comission carried us up there, where We
took their goods which were three Tunns and a half of Cask
almost a hogshead of Salt 2 Gunns a hhd of Meat, which
goods my S'' Master put a board Simpson's boat, and wish't
him to meet him at Gingawaticks, and that in his way he
Should take in Some Meat of my Said Master's at Pascatta-
way being ten deer in quantity, the which meat was put a
board by the Deponent and from thence the Said Simpson and
the Depon' came down to Gingawatick, where my Said Master
met with us, and provided us a house and procured us Indians,
And there Setded us, this being done the Said Simpson told
my Said Master, that he might return home about his business
and promised that at his return from hunting he would put
into Portabacke where the meat which was killed Should be
divided between him and my Said Master, and that M' Copley
Should have a Share out of his own Meat, Whereupon my
Said Master left us having occasion to goe down to S' Maries
to ffetch up Catde, and the Said Simpson desired my Master
to bring him up Some powder from Master Copley upon my
Master's departure he gave to the Deponent a Charge that I
Should be diligent to doe whatsoever I was Commanded by
the Said Simpson my Master having left us, Simpson Com-
Cotirt and Testamentary Btisiness, 1649-50. 193
manded the Said Deponent to goe down to S' Maries to fetch ^iber v..
Some powder from M Copley, and to do Some other business
for him, and that if in Case I Should meet with my Master,
that I Should not Speak to him or if he Should Send for me
not to goe to him, when the Depon' left Simpson there was
almost four hhds of Venison and a hhd of foAvl, and gave me
Order that if M' Copley Should ask me if We killed any fowl
not to be known of any and of the Salt that my Master put a
board p' of one barrell was Spent the other not made use of
and that hhd which was taken out of the Apamatocks boat was p- 342
made use of but none of his own and the Said Simpson prom-
ised my Said Master that at his comeing down he would put
into Portoback and leave the Salt and Cask which was left at
my Said Master's house & further Saith not.
Signe
Job Chandler Sworn before me the day Raph X Harellton
& year above written
Cap' William Mitchell deposeth that he never reced any Ser-
vant from Levin Bufkin Esq nor any Satisfaction in liew
thereof nor for the nails or other Materials disbursed and dis-
posed of about the house in this Province called S' Thomas's
Sworn in Open Court this 25"" day November
The Deposition of John Sturman taken this 23'''
day of November upon his Oath Saith
That being in the Company of William Cole WiHm Bence
and Thomas Simons about November 1651, he this Deponent
heard Thomas Simons demand 600' of Tobacco of the afores"*
William Bence, the Said Bence Made Answer that he could
not pay him that year, then Said the Said Thomas Simons let
W"" Cole pay me, and the Said Cole Answered, that if the
Said Bence did not pay him that year he would pay him the
ensueing year or words to this purpose, as near as this Depo-
nent can well remember and further Saith not:
Sworn in open Court
Int Willm Stephenson p'' Walt Beane l^ef'
Humphrey Atwixe doth depose in Open Court that the
three hundred and thirty pounds of Tobacco now Complayncd
for was none of the eight hundred and ninety pounds men-
coned in a receipt from Brough deceased bearing date the
iS'*" March 1650 and further Saith hot
Jurat 24 November 1652.
[94
Court and Testamentary Business, 1649-50.
iberB. November the 14"' 16
Received by me Walter Gest of Walter Pakes two hundred
pounds of Tobacco for the use of Steeven Salman, and is for
Service done him and his wife eight months and three dayes
gathering Corne Wittness my hand
Walter W Gest
his Mark
In the name of the Keepers of the liberties of England by
authority of Parliament and according to the power Given by
the Right Honble Caecilius Lord Baron of Baltemore Lord
p- 343 Proprietary of this Province of Maryland unto me Thomas
Hatton Gent his Lord-ps Secretary herein that behalf, I doe
hereby grant and Comitt unto you Margaret Hunt the Widow
and rehct of ffrancis Hunt late of the Isle of Kent within the
Said Province deceased the Administracon of all the Rights
debts goods and Chattells within the province heretofore of y'
S'^ Late husband deced chargeing & requireing you the s*^
Marg' by Virtue of the Oath in th' behalf th' you Cause a true
& perfect Invenfy of all the s"^ Rights D" goods & Chatties Soe
far as you may, to be made in the presence and by the discre-
tion of two able persons to be approved of and Sworn by one
of the Comissioners for the Said Isle of Kent County or by
Cap' Robert Vaughan whome I doe hereby authorise for that
purpose with the Just value of the Said goods and Estate ac-
cording to the appraisement of the Said persons as aforesaid, and
that you exhibit the Same Inventory into the Secretary's Office
for this Province by the first day of May next if you may, unless
further time be given you by the Said Secretary, And that you
pay all and only the Just debts of the Said Decedent according
to Law as near as you may, And that you keep and make a
true and perfect ace' of this your Administracon Soe far as you
may when you Shall be thereunto required by the Governor
and Counsell of this Province or other Judge thereunto law-
fully authorised within this Province for the time being, Given
at S' Maries under the Great Seal of this Province of Mary-
land, the four and twentieth day of November in the year of
our Lord one thousand Six hundred Fifty and two
p me Thomas Hatton Seer
In the name of the Keepers of the liberties of
England p authority of Parliament, and according
to the power by the Right Honble Caecilius Lord Baron of
Baltemore Lord Proprietary of this Province of Maryland given
imto me Thomas Hatton Gent his Said Lordps Secretary here
in that behalf, I doe hereby grant and Comitt unto you Mary
Court and Testamoitary Business, 1649-50. 195
Geathar the widow and relict of John Geather late of the Liber
County of Annanindel in the Said Province of Maryland
deceased, the Adniinistracon of all the rights debts goods and
Chattells within this province heretofore of y' s"* late husband
deced Chargeing & requireing you the s"* Mary by Virtue of
y' Oath in th' behalf that you Cause a true & -pfect Inven^y of
all the s"* Rights Debts goods & Chatties Soe far as you may
to be made in the presence and by the discretion of two able
persons to be approved of and Sworn by the Commander or
one of the Commissioners for the Said County of Annarundel
with the Just value of the Said goods and Estate according to p- 344
the appraisement of the Said persons as aforesaid, and that
you exhibit the Same Inventory into the Secretary's Office for
this Province by the first day of May next, if you may, unless
further time be given you by the Said Secretary, and that you
pay all and only the Just debts of the Said Decedent according
to Law as near as you may, and that you keep and make a true
and perfect Accompt of this Your Administracon, Soe far as
you may, when you Shall be thereunto required by the Gov-
ernor and Councell of this Province or other Judge thereunto
lawfully authorised within this Province for the time being,
Given at S' Maries Under the Great Seal of this Province of
Maryland the four and twentieth day of November in the year
of our Lord one thousand Six hundred fifty and two:
p me Thomas Hatton Seer
Edward Claxton maketh Oath that about March or Aprill
last was two Years, he this Depon' being hired by M' ffrancis
Brooks to bring divers goods of his from Kent to S' Maries in
this Deponents boat, did accordingly bring down and Land at
the ffort upon S' George's River where John Dandey then
lived amongst other things Cattle and household Stuff a bed
bed cloaths a Chest Some Axes and hoes and a pott and Some
other things, the particulars whereof this Depon' cann' now call
to mind, which goods were carried up to the house where the
Said Dandey then lived there, At which house this Depon'
lodged the next two nights after, and the Said goods remained
in the Said house during that time to this Depon" best remem-
brance. And this Deponent doth not know whether the Said
goods or any of them remained any longer in the Said house
or that the Said Dandy did there detain them from the Said
M' Pirookes or not, and further this Depon' Saith not
Jurat 22'"' Nov 1652 Tlio: Hatton
Humphrey Atwize aged 29 years or thereabouts Sworn in
open Court the 24''' day of November 1652 Saith that M'
Brough a little before his last goeing to Sea from these parts
196 Cotirt and Testamentary Business, 1649-50.
Liber B. took a hhd of Tobacco of William Stevenson's, adjudged by
p- 345 ^Yalter Beane & the Said Brough as M' Brough told him to
weigh neat 330 M' Brough desiring this Deponent to pay the
Said Tobacco to Steevenson out of a bill of 1450' or there-
abouts which this Depon' had before that time entred into to
the Said M' Brough which bill is now in the hands of Walter
Beane as this Depon' taketh it and further Saith not.
John Cage maketh Oath that he heard M' Cuthbert ffenwick
tell M's Hebden about three years Since as he taketh it that
he had received from Cap' Vaughan five hundred pounds ot
Tobacco and from William Whealey one hundred and twenty
pounds upon her account or to that effect and further Saith not
Sworn in Court Tho: Hatton
These presence Wittnesseth that I ffrancis Brooks for to
Save and defend John Dandy harmless from a debt that he is
ingaged to Nathaniel Littleton Esq for me, have assigned him
four bills one of M' Phillip Coniers of .Seven hundred one of
Richard Hoults of four hundred and of ffrancis Lumbards and
William Jones's of three hundred and forty and one bill more
of Christopher Chambers of three hundred and Seventy with
three head of Cattle one Cow being in the hands of William
Edwyn and a heifer being of that Cow's former increase with
a weanling of the Same Cow above mentioned, the bills
amounting to eighteen hundred and ten pounds of Tobacco,
the which bills if the above menconed John Dandey accept not
of for payment betwixt this and the last of October next
ensueing the date hereof he may return to the Said Brookes
or his assignes, and the Said Brookes to be lyable to the debt
above menconed
Wittness my hand this 3'' of August Anno 1649.
the Mark of
Testis Jn° Wade Tho Medwell ffrancis ^ CO Brooks
Major Bufkins Acco' Debtor to Cap' Mitchell
p. 346 3500 6'* Nails 126
0600 double & Single tens 054
0500 4'* Nails 012
1000 Single tens 60
0100 t"^ Nails 004
1000 4^ Nails 025
1000 6^ Nails 0-3-6 I 565
3 Stocklocks 054 j
4 p' of Great Hinges 080
4 p'' of leather hinges 060
6 latches 054
"16^
Cotiri aud Testamentary Biismess, 1649-50. 197
300 double tens
300 Single tens
300 Single tens
200 of 6'' Nails
36
18
18
7
2 p"^ of hinges
2 Staples
one Anchor of Sack
30
7
160
276
br' from other -pcell 565
841
W" Mitchell
24'° No: Cap' Thomas Cornwallies his Mark for Cattle &
hoggs for the future viz Crop' on the left Ear, and Slitt on the
right
Anno 1648 M' Richard Husband Master of the Ship the
hopefull adventure Decemb' 26''' 1648.
•p 1677' of ffresh beef at 2' •p''- is 3354
p I Goate 0140
p 2 bushlls of peas at 60'' )
u 1 11 r 0120
p bu shell J
p I New bagg Cont"" 3 y''' of Canvas 0030
3647
p Cont C' h Tob Cask
p my bill given in for )
900' Tob & Cask [ 900
p a Maid Serv' bought 1400
2300
1347 rests to ball.
The Deposition of William Ofbaston aged about Six or
Seven and tvvent)' years being Sworn this 20"' Nov' 1652 Saith
That about four years Since or Somewhat less, as he taketh it
he heard Edward Hall Say that he had Sold to Henry Potter
his heirs and assignes forever half the Plantacon where the
Said Hall and Potter now live, and that he heard the Said
Hall and Potter now live, and that he heard the Said Hall and
Potter both of them Say that they had divided or Shared the
Clear ground of the Said Plantacon betwixt them, and that
the dwelling housing then upon the Said Plantacon being
about ten foot was allotted to the Said Potter only the Said
Hall was for Some Short time after the Said bargain to have
igS Court and Testamentary Business, 1649-50.
Liber B. SoiTie usc of the Said housing, and afterwards to leave the
free possession thereof to the Said Potter, and this deponent
P- 347 further Saith that the Said Potter in pursuance of the Said
Bargaine as he taketh it, fenced in part of the s'^ Clear Ground,
and th' after the Said fence Soe made the Said Potter planted
upon that part which he had Soe fenced in, and Hall upon the
other pte, and that he hath heard the Said Hall confess that
the S'' housing and part of the plantation Soe fenced in by the
Said Potter as aforesaid did belong to the Said Potter, and this
deponent further Saith that the peach Trees and other fruit
Trees then Growing upon the Said Cleer Ground were upon
the Said Potters Said Dividend all which or the Same in effect
this deponent averreth upon his Oath to be true and further
Saith not. Jurat 20 November 1652 Tho: Hatton
This Bill bindeth me Richard Bennit my heires Executes Ad-
ministrators or Assignes to pay or Cause to be paid unto
Richard Banks his heires or Executors, Administrators or As-
signes the full and Just Sumeof three thousand Eight hundred
pounds of Good Sound Merchantable leafe Tobacco and Caske
to thousand of this Tobacco due for to be paid upon the tenth
day of November in the yeare of our Lord 1653 and one thou-
sand Eight hundred in tlie yeare of our Lord 1654 and in the
true performance hereof I the Said Richard Bennit have here-
unto put my hand alsoe I Richard Bennit doth here bind the
plantation lying upon the North Side of Brettons Bay w"*" was
formerly Called Jozyph Cadells and two Cowes Called by the
Name of Cherry and pie and one heifer of two yeare old
Called by the name of Nancey which plantation and Cattell I
the Said Richard Bennit doth here bind over unto Rich'' Banks
for his Security in Case that I the Said Bennit Should any
wayes Miscarry or faile in the payment of the Said Tobacco
and in the true performance hereof I the Said Richard Bennit
have hereunto put my hand this present first of December in
the year of our Lord God 1652
Teste his mark
John Thimbleby Richard CO Bennit.
Henry x Midlap
his mark.
P- 3S8 At a Court held at S' Maries the 24'" day of
November, 1652
p ^ ^ fThe Governour, Collonell Francis Yardley )
1 M' Thomas Hatton, M^ Job Chandler f
Cap' Cornwaiiis Ksq pit \ The Complt Sueth to havc Cer-
n<^ Katiicren Heixien widow by I taiue Cattle and theire Increase
William Marshall her Attorney clef, j ^^ ^j^^ j,^^^^^ ^f ThomaS Hebden
deceased to be delivered to him according to a Deed of Mort-
Coiiri and Testamentary Business, 1649-50. 199
gage of the 26''' of May 1643 whereby the Said Thomas Hebden Liber u.
assigned and made over to the plaintifte Certaine Catde therein
Specified for his Security of payment Two thousand five hun-
dred pounds of Tobacco and Caske at the time therein Men-
coned which Tobacco the plantiffe had not yett received as he
alledged to which the Said Defendants Attorney by his An- P- 359
swers not denying the Said Deed of Mortgage craved to be
reheved against the Same in Equity, for that the defendant
being the widdow and relict of the Said M' Thomas Hebden
liad payd all or the most part of the Said Debt to M' Cuthbert
ffenwick the pltes Attorney by Tobacco due to her out of
the Leavyes and other debts assigned over to him for Satisfac-
tion of this debt, but the Said M' ffenwick being present in
Court, denied that So farr as he knew he had received any"
more Tobacco of the def towards Satisfaction of this debt then
four hundred and two pounds of Tobacco out of the Said
Levy: Whereupon the Said defend" Attorney craveth Some
further time to make proofe of the payment. It is therefore
Ordered that the further hearing of this Cause be respited till
Wednesday next, and then the Said defendants Attorney is to
produce his proofe.
Thomas Simons acknowledgeth Judgm' in open Court upon
a Bill of Nine hundred pounds of Tobacco and Caske Made to
ffrancis Martine dated the 5th of May 1651
Mr William and Thomas Daines by -, The Complainant SuCS for
Henry Coursey tlieire Attorney pUes \ Seventy pOUnds of TobaCCO be-
john Nichoiis defendant ) jng the ballance of a Bill of three
hundred and twelve pounds of Tobacco and Caske, the de-
fend' Answers that M' Guythar received the Tobacco formerly
and it weighed two hundred Ninety and Eight pounds of To-
bacco neat, It appearing to the Court by a receipt which M'
Wilkinson was Wittncss to, that It weighed when the Complt
received it, no more than two hundred forty and and two
pounds of neat Tobacco It is ordered that the defend' pay the
Seventy pounds of Tobacco Sued for to the Complt with
Caske and Cost of Suit, and the Bill to be deliver'd up to be
Cancelled.
At a Court held the 23 day of November 1652
Pr ( The Governour Collonell Francis Yardley Cap' )
sent I jj^o pj.j^g ^, Thomas Hatton M' Job Chandler (
M' Thomas Marsh demandeth Sixteen hundred fifty and
Eight pounds of Tobacco and Caske -p Bill Richard True p. 360
acknowledgeth a Judgment in open Court to the Said Master
200 Co7irt and Testamentary Business, 1649-50.
Liber B. Marsh for Sixteen hundred poundg of Tobacco & Caske upon
the Bill, and if it appeared upon -pduceing the Bill that the
debt is more he acknowledgeth the full debt upon the Bill
Execucon made -p i6oo' of Tobacco & Cask 29''' Nov:
Richard True by Peticon craveth to be relieved in his Mort-
gage noe direct proofe of the Said Trues Compliance in Warrs
& Hunt Scape, the Court according to his Petition relieves him
in order, finding the Cropp ingaged to him by a Mortgage
made to the Said True from the Said Warr and Hunt
Memorand: that the above last foregoing Entry is Crosst
out in the Orriginall Record Booke. —
Upon A Petition this day Exhibited unto this Court by
Richard True thereby Setting forth that he haveing not Long
Since Sold a Sloop and Some other Goods to Thomas Warr
and Nathaniell Hunt who had ingaged themselves by Bill to
him for the Same of 5000' of Tobacco and Caske payable upon
the tenth of this present month and for his better Security by
their deed in writeing had made over their Crops to him the
Said True as by the Said Bill and Deed upon Record
appeared. Notwithstanding which upon pretence that the Said
Petitioner was privy to the Said Warr and Hunts late depar-
ture out of this Province or otherwise, the Said Crop had been
Since the Said Deed of Mortgage attached at the Suit of the
Lord Proprietary and others, for debts claimed to be due from
the Said Warr and Hunt, albeit the Petitioners Said Debt was
not paid at the day appointed nor otherwise, and therefore
prayed that he might have the Said Crop for Satisfaction of
his Said Debt according to the Said Deed of Mortgage and
that the Same might be discharged from the Said attachments
this Court upon consideracon thereof and for that noe proofe
was made to Satisfie the Court that the Said True was privy
to the Said Warr and Hunts Said Departure out of this Prov-
ince who were much indebted doth order that the Said Crop
p. jfj' be discharged of the Said Attachments and to be disposed of
by the Said True for Satisfaction of his Said Debt of five
Thousand pounds of Tobacco and Caske, But upon the Motion
of his Ldps Secretary M' Thomas Hatton on the behalfe of M'
Edward Lloyd Commander of Annarundell County who was
Surety for the Said True for the payment of Two thousand
Seven hundred pounds of Tobacco & Caske to Nicholas
Guyther and William Boreman for the Sloop afore Mentioned
of them Bought by the Said True, which Sloop was Bound
over to the Said M' Lloyd to Save him harmless from the
Said ingagement, as by a Deed upon Record appeares the
Said M' Hatton desireing that the Said debt of two Thousand
Court and Testatnentary Business, 1649-50. 201
Seven hundred pounds of Tobacco might be paid in the first Liber i
place out of the Said Cropp, for which the S*" Sloop was Sold
to Warr and Hunt, that Soe the Said M' Lloyd niight be
thereby disingaged : It is Ordered that before the Said Crop
or any part thereof be otherwise disposed of by the Said True
or any for him that he Shall Satisfie and pay the Said two
thousand Seven hundred pounds of Tobacco and Caske to the
Said Nicholas Guyther and William Boreman theire Executors
Administrators or Assignes, and the Bill wherein M' Lloyd
Stands bound as aforesaid for the Same to be taken in and
Delivered to the Said M' Lloyd to be cancelled.
And upon further motion of the Said M' Hatton his Ldps
Attorney on his Ldps behalfe desireing Satisfaction out of the
Estate of Thomas Warr for Seven hundred Ninety five pounds
of Tobacco and Caske due -jd Bill to Scipper Jacob Dirickson
and assigned by him to his Ldps late receiver m' Green
towards Satisfaction of the Custome due to his Ldp and for
which an Attachment had been laid upon the Said Warrs
Estate as aforesaid : It is ordered that all the Estate of the
Said Warr (except the Crop aforesaid) be levyable towards
Satisfaction of the Said debt Soe far as it will Extend.
Upon JVIocon made unto this Court this present day by his
Ldps Secretary m' Thomas Hatton to be relieved upon an
Attachment for 278' of Tobacco and Cask due to him by
Judgment for ffees and by Bill out of the Estate of Thomas
Hamper lately departed this Province, Touching which m' Wil- p. 362
Ham Eltonhead Now moved the Court, declaring that he hired
a Servant unto the Said Hamper for this year for Six hundred
pounds of I'obacco and three barrells of Corne and Craveth
that he may be Satisfied for his Said Servant out of the Said
Hampers Estate. It is Therefore Ordered that the Said m'
Hatton Shall be Satisfied Seventy eight pounds of Tobacco
and Caske part of his Said Demand being Due upon Judg-
ment out of the Said Hampers Crop of Corne, in the first
place, and that in the next place, m' Eltonhead be Satisfied his
S*" demand for his Servant, And if there remaine any over
plus, that then the Said m' Hatton be Satisfied his remaining
debt of two hundred pounds of Tobacco & Caske due by Bill
out of the Said Ham()ers Estate next after the Said m' Elton-
head.
Thomas Simons pin The Comiilt Sueth to be relieved against
William Cuie (left / th^ defend' for Six hundred pounds of To-
bacco due to him from William Bence which the defendant
undertooke to pay as he alledged and |)roduced the deposition
of John Sturman for that purpose. To this the def' Answereth
202 Court and Testame7ttary Business, 1649-50.
Liber B. that the plfe did not accept of him for paymaster, and desired
respite till the next Court to make his proofes. It is Therefore
Ordered that the further hearing hereof be respited till the
next Court.
Upon the Motion of Colonell Francis Yardley for an Att^
against the Estate of Cap' Richard Husbands Mariner upon an
Accompt of 1 347' of Tob: now produced with Damages and
Court Charges. M'' Edward Packer Attorney for the Said Cap'
Husbands being now present in Court offered to Secure in his
Custody Soe much of the Said Cap' Husbands Estate as
Should be Sufficient to be answerable to the order of Court
upon hearing of this Cause the Next Court or when the Same
Should be appointed to be heard. Which he is ordered to doe
accordingly.
William Cole pi£e 1 '^he defend' Henry Potter informing the
Henr Potter & ux, defts | (^ourt that his wife the Other def' was Sick
(whom the Matter Chiefly concerned) Craved reference till the
next Court, which is ordered accordingly
p. 363 Thomas Bushell for his misbehaviour in Court being much
in Drink is this day fined five hundred pounds of Tobacco and
Caske to the Lord Proprietary.
1° April 1653. Execuc ad Satisfaciend July 21° 1653
this fine was by the Governour remitted Tho: Hatton
William Smith pit ) Upon reading of Severall former orders
Capt wm Mitchell deft \ rnjicjg J,-, t;]-,;s Cause. The Complts now Suit
being for Certaine Goods by him Shipped in England for this
place upon the defend" account which were detained from him
by the defend' as he alledged. To which the def' denyed that
he ever had any Goods of the plfes. And the plfe being ready
with his proofes the Matter in question was upon the defend-
ants Motion referred to be tryed by a Jury And a Jury was
accordingly impannelled for that purpose. But before any
Charge Given to the Jury. Upon the defendants Motion (the
plfe agreeing thereunto) the Court thought fitt and it is
accordingly ordered that the further hearing of the Cause be
respited till the next Court, and the def' to have liberty by that
time to Examine what Wittnesses he Shall thinke fitt (de bene
Else) of whose depositions the Court will then either allow or
disallow of as Shall be thought fitt. And the hearing to be then
preremptory
John sturman plfe ) The defendant not appearing being arrested
Henry Bishop deft } upon the Complts Motiou. It is ordered that
in case the defendant Shall not by himself or his Attorney
Cojirt and Testamentary Business, 1649-50. 203
appeare and Answer to the plfes Suit according to the writt, Liber ]
tlie next Court, the Sheriffe Shall be then responsible to the
plfes demand.
Paul Simpson pife) Walter Palces produceing to this Court an
Walter I'akes deft ) agreem' in writeing betwixt Paul Simpson and
at e Contra himself whereby they had released each to
other all Accons &c And the Said Simpson had released to the
Said Packes a Bond by him Given of Peace and Good behaviour
the Said release and Bond being both upon Record the Said
Packes moved that the Said Bond for the peace might be
Vacated according to the Said Agrem' and release which is
ordered accordingly —
Capt John West and— 1 Upon the Mocon of m' Thomas Hat- p. 364
capt Robert Abcii by | tou his Ldps Secretary on the behalfe of
tTeir AtTo'rney''p'ites Uavid I M' Gerrard the pltes Attorney, and
odoughorty deft J upon the reading of a former order
made in this Cause the 20''' of January last It is Ordered that
if the def' Shall not by himself or his Attorney appeare and
Answer the plfes Suit (according to the writt) the Next Court,
the Sheriffe Shall then be responsible to the plfes demand in
this behalfe as the Court Shall then upon the hearing think fitt.
The hearing of this Cause is by con-
Edwin his Attorney pife [• Sent of both parties respited till the
next Court upon the defendants wives
Edward Scorfield by Willm
Edwin his Attorney pIfe
Nicholas Cawseene defend
Mocon
Upon the motion of Benjamin Gill touching three hundred
pounds of Tobacco and Caske attached in Walter Packes his
hands of Thomas Thornboroughes for the Rent of Vc Neales
Plantation due from Thorneboroughe. It is Ordered that the
Said Pakes make paym' of the Said Tobacco towards discharge
of Soe much of his Ldps Rent as the Same was attached for,
And that he be in that respect discharged against the Said
Thorneboroughe and Gabriell Odgers his Attorney by this
order
At a Court held at S' Maries j f The Gov' Col ffranc, Yardley
24" Novembris 1652 j Present j Cap' Jn" Price m' The:
( Hatton til' Job Chandler
William Whittle and Walter Pakes were this day Sworne
before his Ldps Secretary to make a Just and true Valuation
to the best of their Skill of the plantacon at Newtowne late of
Joseph Cadle deceased
204 Cotirt and Testamentary Business, 1649-50.
iberB. Lt William Lewis pite ) Upoti a Petition this day Exhibited by
Paul Simpson defeiuit ( ^j^g p}|.g ^iid upoii reading of a former
order made in this Cause 22''° Junij last and another of the
21'*' of January last. It is Ordered notwithstanding the Said
ord' of the 22"" of June last) That the Sheriffe be at Liberty to
proceed upon the Execucon in that Order mentioned, and
what he Shall Execute thereupon to detaine in his Custody till
p. 36s the Next Court at which time both Parties are to appeare per-
sonally, And then the Court will proceed to give thepke Such
reliefe touching the premisses as Shall be fitt.
„,.„. „^ „ . The Complt by his Petition Sueth to
William Stevenson pUe ^ 1 ■' J n- 1 1
Walter Beane Admr of V be relieved tor 330' pounQs oi 1 OD: and
mrWillmBroughdeceddef j Q^^-^ j^^ ^^ j^j^^^ ^^^ ^f ^^g Estate of
William Brough deceased, and for a Cowe alledged to be
given him by the decedent p Will before his last departure for
Holland, To which the def as Attorney of William Scott and
Sarah his wife the late widdow of the decedents, denyed the
Said debt of 330' Tobacco, and as touching the Cowe Claimed
by the plfe he pleaded a Subsequent Will. But the Court upon
two Severall deposicons of Humfry Atwicks upon Record,
made in this Cause is of opinion that the plantiffe ought to be
Satisfied the Said three hundred and thirty pounds of Tobacco
and Caske And doth order it accordingly And as touching the
Cowe now Claimed upon the defend" mocon, the further
hearing is respited till the Court in March next, by which time
the defendant is to bring in his Accompt of the Said Estate
according to his ingagem' upon Record, and the Court will
then proceed to give the plantiffe reliefe touching the Cowe
Now Claimed if there be Cause.
And in Respect it appeares upon Record, that the defendant
stands ingaged to be responsible for the decedents Estate, and
that the Same is Sold unto him by the Said Scott and his wife,
who never yet tooke any Administration thereof. It is further
ordered that the defendant Beane is to take forth Lres of
Administracon cum Testam anne & of the decedent Broughes
Estate with Such Security to be given as his Ldps Secretary
(who hath the power of Granting the Same) Shall think fitt.
And that the Said Estate be praised and an Inventory thereof
taken as the Said Secretary Shall direct.
Memorand: that in the Margin of the Orriginall
Record Booke opposite to the forgoing Entry was thus
written viz' —
p. 366 24° Novemb 1652. An Administration was Granted ac-
cording to this order to Walter Beane of Broughes Estate cum
Testam Ann & the Invent to be Exhibited by 25" Martij and
Accompt to be given in the usuall form, p me
The: Hatton Sec
Cottrt and Testamentary Btisiness, 1649-50. 205
L' Richard Banks and Walter Pakes were this day made i-'i^«r ^■
Choice of and Sworne by the Secretary to make a Just & true
Valuation of the Estate of M' WiHm Brough deceased to the
best of their Skill.
An Administracon is this 24"' of No: 1652 Granted Walter
Beane cum Testam anne & of the Estate above Menconed to
Exhibit Inventory -p 25 March next &c. —
Memorand: that the above last foregoing Entry is
Crosst out in the Orriginall Record Booke
•John Ashcombe pile ) Upou mocon made to this Court on the
ismaei Wright deft ] behalfe of the def' (the plfe not disagreeing
therein) It is Ordered that the hearing of this Cause be respited
till the next Court after the Surveyers returne from Ann-
arundell. —
The Complt by his Peticon Sueth to be
relieved for two Cowes with Calfe
"^^ """' ^ or Calves by theire Sides the Said Cowes
and Calves to have been delivered in may last was twelve
months and for a heifer to have been delivered in May last,
together with their increase and Damages, The defend' to this
not denying the plaintiffes demand of the Cattle, desires to dis-
count twelve hundred pounds of Tobacco and Caske at p Bill.
To this the plant alledgeth he assigned over Bills to the def' for
Satisfaction of the twelve hundred pounds of Tobacco and
Caske two yeares Since, but the pit wanting Some proofe
touching the Tobacco both Causes are by consent respited till
the next Court, and both partys to attend then peremptorily,
and that the Court will then proceed to give Such Judgm' in
in both or either of the Said Causes as Shall be fitt, and both
parties are bound to take Notice of this order for that purpose
without further Warrant or Summons.
Upon motion made unto this Court by Zephania Smith
Touching Seaven Sowes of three quarters of a Yeare old,
which he had formerly bought of Thomas Hamper late of this p. 367
Province as -p a bill of Sale in Anno 1652, being Cropt on the
right Eare, and on the left Eare under and overkecl'd, and
craveth that he may take the Said Sowes into his possession
for his own use and behoofe, m' W"' Eltonhead moveth the
Court in the Same Cause alledging that the Said Mogs were
Sold p by the .Said Hamper to m' Richard Hodgkins, and that
he bought them of the Said Hodgkins, And having not his
proofe, craveth liberty till the next Court to make his title by
Hodgkins .Sale Good, It is ordered accordingly and that the
Said m' Eltonhead make his right appeare by the next Court
2o6 Court and Testamentary Business, 1649-50.
Liber B. captThomas Cornwaiiiespit 1 Upon the reading and perusall of an
William Smote defendant ( order of the Seventh December 1648
and of another order 2''° Junij 1649, and of another order of
the 15"' Novemb: 1649 and alsoe another order of the as'*" ffeb:
1649 all made in this Cause, as likewise Severall Dep° taken
in this Cause upon Record. The Complt Suit being for a
Cowe and her increase in the Said Severall order and Deposi-
tions mentioned being in the Defendants possession, which
the pit Claimed as belonging to him, w'^'' the def denying,
and the Complt being willing to have the tryall by way of
Jury, the Court approveing thereof, Gave order to the Sheriffe
for the Impannelling of twelve able Jurors for this purpose
which accordingly he did theire Names being as followeth viz*
m' Thomas Mathews foreman. Lieu' Richard Banks, Serg'
Mark Phepo, m' Jn° Manfeeld, m' Walter Peakes, m' Walter
Beane, m' Charles Manyard, m' Robert Cedger, m' John
Nicholas m' ffrancis Poesey, m' John Medley, M' George Mee
To which Jurors nor any of them neither of the parties in this
Cause tooke any Exceptions, Whereupon theire Charge was
Given them in open Court as followeth viz' you Shall Sweare
to Give in a Just and true Verdict to the best of your Skill
and understanding upon the Evidences and proofes to be pro-
p. 368 duced unto you on either party in A Cause depending between
Cap' Thomas Cornwallies Esq plte and W^illiam Smoote de-
fend' whether the Cowe and her increase in question now in
the def" possession doth in right and Justice belong to the
Complt Cap' Cornwallies or to the defendant Smoote.
After which Charge Soe Given to Every of the Said Jurors
upon their Oath in the usuall Manner, they the Said Jurors
withdrew themselves. And after Some time Spent upon this
Tryall, they brought in their Joint Verdict, to which being Sev-
erally called by their Names in open Court they all in express
words agreed, being in these words following viz' We find the
Cowe to be the defend' Smoots with her increase. It is there-
fore by this Court Ordered and adjudged according to the
Said Verdict That the def William Smoote his Executors Ad-
minist's and assignes Shall from henceforth forever quiedy and
peaceably, have, hold, possess and Enjoy the Said Cowe
together with her increase, and that the S'' Complts Suit touch-
ing the Same be forever hereafter Clearly and absolutely dis-
missed out of this Court and he the Said Complt is to pay all
Court Charges in this Cause.
William Hardwich pife \ 'Hie defendant acknowledgeth a Judg-
Wiiiiam Empsondcfi / x\\ft\\\. in Open Court to the plantiffe of
three hundred fifty and two pounds of Tobacco and Cake
2 dec 1653. Execut inde versus person ad Satisfaciend
J
Court and Testamentary Business, 1649-50. 207
John Dandy plant ) '^^^^ plantiffc CompLlineth to the Court Liber 13.
Mr William Newgent (■ agst the defendant upon a Bill of four hun-
Defeiidant ) ^^^^ pounds of Tobacco and Caske the de-
fendant not Appearing, It is ordered that in case the defendant
(being arrested) Shall not Some time this Court or the next by
himselfe or his Attorney appeare and answer the plan' Suit
according to the writt the Sherriffe Shall be then responsible
for the debt as the Court Shall adjudge
Cap. Thomas cornwaiiis Esq pite) According to the direction of a
MrsKathorne Hebdenby wiiim [• former ofder of this Court of the
Marshall her Attorney def. ) ^^.h ^f ^j^j^ y^^^^^ ^^^^ j^ this
Cause the def'^ Attorney produced the Testimony of John Cage
who deposed in open Court that he had heard m"^ Cuthbert p. 369
ffenwick confesse that he had received from Cap' Robert
Vaughan five hundred pound of Tobacco, and one hundred
and twenty from William Wheatley upon the def" accompt and
it Appeared by a receipt under m"^ ffenwicks hand that he had
received of Richard Willane two hundred Sixty four pounds of
Tobacco, and of the Sheriffe out of the Levy, four hundred and
two pounds of Tobacco as before, being in the whole twelve
hundred eighty Six pounds of Tobacco and Caske, which being
deducted put of the Principall debt of two thousand five hun-
dred pounds of Tobacco, there appeares to remaine due to the
Complainant twelve hundred and fourteen pounds of Tobacco
and Caske. It is Therefore Ordered that the defendant Shall
forthwith pay to the Said Complt the Said Twelve hundred &
fourteen pounds of Tobacco and Cask, and in Case the Said
Defend' Shall hereafter make appeare to the Court that m"' ffen-
wick the plantiffes Said Attorney hath reced any more Tobaccos
or other Satisfaction towards the payment of this Debt than is
before Expressed, the Said m' ffenwick Shall be Answerable
for the Same to the defend'
Memorand: that in the Margin of the Orriginall
Record Booke opposite to the foregoeing Entry was thus
written viz'
Thomas Cornwallis Esq acknowledgeth Satisfaction in open
Court the 2^ day of March 1653 upon this Judgment
Wittness his hand Tho:' Cornwalleys
At a Court held at S' Maries the 25"' ] f The Govern' Colonell
day November 1652 J Present j ffrancis Yardley Cap'
'1 John Price ni' Tho
^Hatton m'Job Chandler
U])on the Complaint of Robert Kedger by Cap' Wilhn
Mitchell his Attorney, Shewing that Whereas there was
2o8 Court ajid Testamentary Business, 1649-50.
Liber B. Granted to the Comph: an Execucon upon an order for Two
hundred pounds of Tobacco and Cask: against the Estate of
m' Thomas Gerrard in the time of m' Lands being Sheriffe, the
p. 370 Complt. having received no Satisfaction Craveth reliefe against
the Said Sheriffe m' Land in Answer declareth that he Executed
Soe much as the debt Same to, in the hands of m' William
Bretton, m' Gerrards then Attorney and that the Said Tobacco
Soe Executed remaineth in the Said Attorneys hands, It is
ordered that m' Land pay the Said Tobacco unto the Complt
and to take the Tobacco Soe Executed to his owne use
^^ , ,, _, , , The Complainant craveth to have reliefe
Charles Maynard plt 1 ^ t^. , ^ , "^ , , c, ^ , c
Lieut Richard Banks 1 for Eight hundred Seventy five pounds of
Administr to Joseph f Tobacco and Caske out of the Estate of
Cadell deceased deft J i/-^jiij jj i-r^
Joseph Cadell deceased due to him tor two
Shares of the Crop for his man and himself according to the
decedents Agreement before his death, and the defend'
acknowledging the Said Agreem' It is ordered that the Complt
have Eight hundred Seventy five pounds of Tobacco and
Caske out of the Said decedents Estate.
Jo: Maunseii pit ) Upou the Deposition of Charles May-
Kich: Banks Adm &c deft f p^j-^j J,- jg ordered that the pit be paid
Eight hundred Seventy five pounds of Tob: and Caske out of
the Estate of the decedent Joseph Cadell being due by Bill and
Accompt
William Whitde acknowledgeth a Judgm' in open Court to
his Ldps Secretary m' Thomas Hatton of Six hundred pounds
of Tobacco and Caske upon the Accompt of Cap' Robert
Vaughan as due to him from John Salter and assigned by the
Said Vaughan to the Said m' Hatton in part of Satisfaction of
certain Tobaccos by him oweing to the Said m' Hatton.
Upon the Motion of Cap' William Mitchell declaring that
Whereas a Judgment had been Granted him for Certaine
Tobaccos and Corne due to him out of the Estate of George
Manners deceased, and understanding that all or most of the
Said Estate in goods was already runn out towards Satisfaction
ol former Judgments he desired that he might have Some of
die debts due to the Said Estate by Specialty to the Value of
his Judgment, assigned to him which he would accept of in
Satisfaction of the Same, but other of the Creditors, haveing
p. 371 presedent Judgments Moved that they might be first Satisfied.
It is therefore ordered that as well the Administrator as alsoe
all the Creditors to the Said Estate appeare the Next Court,
Court and Testamentary Business, 1649-50. 209
where Such Course will be taken as well for the Satisfaction of Liber b.
the Creditors, as likewise in answer to the Motion Made by
Edward Hall, husband to the Said Administratrix of beintr
discharged from any further Medling w''' the Administracon as
being illiterate and unfitt for the Imployment being of Some
difficulty) as may with Safety and Conuenience
Mr ffrancis Brooks pit i Upou reading of a former order made
John Dandy defendant f ij-, ;„ this Cause the 22"- June last. The
Complt Suit appearing to be for a Cowe a heifer and a weanling
with theire increase in the defendants possession, and made
over to him by the plant in August 1649 for his Security
from a debt of three thousand pounds of Tob: and Caske
for which he stood ingaged for the plantiffe to Colonell Lit-
tellton, which debt the plantiffe alledgeth he hath Since paid
by Bill delivered to the defendant, and by one Thousand
pounds of Tobacco and Caske paid to Col Litdeton by the
now Governour, thereupon the plantiffes Accompt, but the
defendant" in Answer Sayeth that he hath paid the debt to
Colonell Litdeton and in respect thereof claimeth the Catde as
due to him upon the Mortgage, It is Therefore ordered that the
further hearing of this Cause be respited till the Next Court
and by that dme the pit (if he can) is to procure a discharge
from Coll Litdeton, or Some Note to Satisfie the Court what
Tobaccos he hath received either of the plandffe or defendant
in Satisfaction of this debt or other direct proofe of payment,
and then the Court will proceed to give the Compk Such
reliefe herein as Shall be fitt, for which purpose both pardes
are then to attend Peremptorily.
Mr ffrancis Brooks pit ) The Complt having in October last taken
Monjoy Eveiin defendt / forth an Attachment against the defendants
Estate for Seven hundred pounds of Tobacco and Caske p. 372
returnable this Court, prayeth that the Same may be reinforced
till the next Court and all proceedings thereupon which is
ordered accordingly.
William Empson confesseth a Judgm' in Court for three
hund*" and Sixty pounds Tobacco and Caske due to m' Phillip
Land and Henry ffox the mark of
William M Empson
Upon the Motion of Thomas Cornwalleis Escj William
Eltonhcad, m' Cuthbcrt ffenwick and Some other Inhabitants
of this Province, Shewing what great Inconvenience the Inhab-
itants Sustained by divers herds of wild Catde, and desireing
that the Court would ap[joint duit the Same might be gottin
210 Court and Testamentary Business, 1649-50.
Liber B. and killed, or otherwise Secured from anoyance, and his Ldps
Attorney on his Ldps behalfe claimed Some right in the Said
Cattle, and others disagreeing in the ways propounded of
Shareing the Same the Court conceiveth that a busieness of
Such Generall concernment and wherein his Ldp as the
Attorney Generall now alledged was interrested, was more
proper to be determined by An Assembly then by order of
Court. It is thereupon ordered that the determination hereof
be referred to the next Assembly.
Phillip Hide pit ) T\\Q Complainant nor any for him ap-
m"- William Eitonhead deft f pearing at this Court to prosccute, the
defend' haveing appeared upon Summons and attended to
Answer this being the last day of the Court which
mission^ being now upon rising It is ordered that the S"*
Stands Good. Complts Suit be dismissed for want of prosecution
with one hundred pounds of Tobacco to be paid
by him to the defend' for his Charge and trouble herein Sus-
tained
The Court riseing the Governour appointed the next
Provinciall Court to be held at S' Maries the 20''' day
of January next
Mem that the two last forgoeing Entrys are Crosst out in the
orriginall Record Booke.
capt wium Mitchell pite, Major) The plantiffe Sues for Jin Extent
Leavin Buskin by mr Cuthbart [ of the houSe and plaUtaCOU Call S'
ffenwick his Attorney defendt J Thomas where he now dwdleth, for
Satisfaction of a Servant Conditioned to be paid by the de-
p. 373 fendant to the plantiffe the last yeare, and Eight hundred forty
& one pound of Tobacco Claimed by Accompt, for Nailes and
other Necessaries used about the Said House, the defendants
Atto'y makeing no objection as touching the Said Servant or
Accompt, w'*" Accompt was now also Justified by the Oath of
Richard Hodgkins, It is ordered that the Complt his Execut''
and assignes Shall have the said house & plantation on Extent
till the Said Servant and Tobacco be paid to the Said Com-
plainant having by his oath now taken denyed Ever to have
received any Satisfaction either for the Said Servant or upon
the Said Accompt.
The Court rising the Governour appointed the
next Provinciall Court to be held at S' Maries the
20''' day of January next,
Court and Testamentary Business, 1 649-50. 2 1 1
This Bill bindeth me ffrancis Vanenden of S' Maries hun- Liber b.
dred within the Province of IVIaryland planter doe bind myself '^' ■'''
my heires Executors Administrators and assignes firmly by
these presence to pay or cause to be paid unto William Bore-
man of the Same province his heires or Assignes the Just and
full Sume of twelve hundred pounds of good and Merchant-
able Leafe Tobacco with Cask to be paid at or upon the tenth
day of November next Ensueing the date hereof Wittness my
hand this 24"" of Sept 1650.
Teste John Metcalfe & ffrancis Vanenden
ffriendship Toung
Know all men by these presents that we William Boreman
and ffrancis Vanenden doe Mutually bind our Selves our heirs
Executors and Administrators each to other in the Sufne of
two thousand pounds of Merchantable Tobacco in Leafe and
Caske to Stand to the award of Cap' W" Mitchell and m'
ffrancis Brooks for the finall End of all differrences between us,
The Said Sume of Tobacco to be paid by him that Shall not
perform Such award if made to the person that shall performe
the Said award, In Wittness whereof the Said William Bore-
man and ffrancis Vanenden have Sett their hands this 21""
January 1652.
Teste Richard Hotchkins ffrancis Vanenden
Walter Hall WiHm Boreman
To all people to whom this present writing Shall Come I p. 377
Richard Ingle of Wapping in the County of Middlesex mariner,
for divers good and Valuable Causes and considerations me
hereunto moveing have assigned transferred and Sett over
and by these presents doe assigne transferr and Sett over
unto Thomas Cornwallis Gent all and every the Severall debts,
bills. Specialties and things particularly mentioned and Ex-
pressed in the Schedule or Invoice hereunto annexed, To have,
hold and enjoy the Same to the onely use of the Said Thomas
Cornwallies his Executors or Assignes, and to the intent the
Said Thomas Cornwallies and his assignes may be the better En-
abled to recover and receive to his and theire own uses the
Said debts Goods and Commodities in the Said Invoice men-
tioned, I doe hereby assigne transferr and Sett over unto the
Said Thomas Cornwallies all my right and Title thereunto, and
doe make him my Attorney and Substitute to ask, demand, and
receive the Same, (iiving and by these presents Granting unto
my Said Attorney my full power and Lawful! authority touch-
ing the premisses, for me and in my name and Steed to Sue,
Implead, prosecute pursue Seize, Sequester, arrest, attach, im-
212 Court and Testajueiitary Business, 1649-50.
Liber B. prison, and to Condemne and out of prison to deliver, and to
Compound agree release acquitt and discharge and one Attor-
ney or more under him to Substitute, and at his pleasure to
revoke and further to doe, perform. Execute, end, and Deter-
mine all and every Such further act and acts, thing & things
whatsoever as Shall be needfull or Expedient to be done or
performed in or about the premisses or any part thereof as
amply in every respect as I my Self might or could doe the
Same if I were thereat from time to time present and did the
Same personally and whatsoever my Said Attorney or any his
p-378 Substitutes Shall Lawfully doe or procure to be done in or
about the premisses or any part thereof to the use aforesaid, I
doe and will ratifie confirme and allowe the Same for good and
Effectuall in Law, at all times hereafter by these presents.
In Wittness whereof I have hereunto put my hand and Seale
Dated the Eight day of Sept 1647 ^""^ •" '^he three and twen-
tieth yeare of the Reigne of our Sovereign Lord King Charles
Richard Ingle
Signed Sealed and delivered
in the presence of
ffran: Manestry Notorus Publicus
Will" Eltonhead John Browne his —
25111 No: 1646 Inventory of the Papers received of Cap' Ingle
for Goods and debts in Virginia and Maryland
1 A Receipt of Nathaniell Popes bearing date the 24""
March 1644 for Certaine Goods marked E & R: G w'"" Some
other things left with him p Cap' Ingle.
2 A Bill from m''Gerrard for 4' and \ of Beaver and Eight
hundred Sixty and four pounds of Tobacco bearing date the
15''' of ffebruary 1643
3 A note of Barnaby Jackson for half his Stock of hogs
bearing date the 14"' of march 1644.
4 Thomas Baldridge his I>ill bearing date the 5'" April for
500' of Tobacco & Caske
5 & 6 A Bill and note of John Sturmans the one dated the
10"' of April 1645 foi" Satisfaction of tenn pounds of powder
the other dated the 4"^ of April 1645 for 900' of Tob° & Caske
7 A Copie of a Judgment against Thomas Bradnox for
900' of Tobacco and Cask dated "the iS"- of march 1642
8 An acknowledgm' of Cap' William Stone dated the 10"'
of .A.prill 1645 for the receipt of a Bill of Argall Yardley's Esq
for 9860' of Tobacco and Caske, and another of m' WiHm An-
drews for 14 hhds of Tobacco.
9 A Bill of Cap' William Ropers dated the 3 of April 1644
for 300' of Role Tobacco
Court and Testamentary Business, 1649-50. 213-
10 John Hinmans Bill dated the 8"" of ffebruary 1644 for Liber e
1 421' of Tobacco & Caske.
1 1 A Bill from John Hollowes & John Wavell dated the
24"" march 1644 for 700' of Tobacco and Caske —
12. Doctor Waldrons Note for 20' dated the 13"' Aprill p- 379
1642
1 3 An Accompt of m" Wheatley's of Accomack for 3000
weight of Tobacco with an Invoyce of Goods, a bill of m'
William Brainthvvaites dated the tenth of ffebruary 1640 for
1400' weight of Tobacco and Caske.
14 & 15 A Receipt of Cap' Stones for Goods reced of m"
Wheadeys, as alsoe another of Cap' Stones for other Goods
received of Cap' Ingle.
16 A Receipt of Cap' William Ropers for divers Ac-
compts due at Ackomack amounting to the quantity of 4563"
of Tobacco and Caske, which is Since in the hands of Cap'
William Stone
Michael Baisey having married the widdow of Anthony
Rawlings deceased out of his owne free will and affection unto
John Rawlings Eldest Son of the Said Anthony and towards
the raising of a stock for him doth hereby Give & deliver unto
and to the use of the Said John Rawlings one Cowe Calf
about four months old already marked with his the Said John
Rawlings Marke viz. Cropt on the left Eare and a hole in the
•Crop and two Slitts in the right Eare. Wittness his hand this
28"^ day of January 1652. Michael W Baisey
Tester Tho: Hatton his mark
January y"' 1652. According to an Order of the 22''' of
April last an Administracon is this day Granted to Henry Coxe
(in the behalf of the Children of Robert Ward deceased
(whose widdow the Said Cox married being also deceased) of
all the rights, debts, Goods, and Chattels late of the Said
Robert Ward upon his oath taken to Exhibit an Inventory by
the 25''' of march next if &c And that according to the Said
order he Improve the Said Estate as much as in him lieth, for
the Good and behoofe of the Said Children That he pay the
debts &c and make a true Accompt &c in the usuall forme
This Indenture made the first day of November in in the
Yeare of our Lord God one Thousand Six hundred forty and
three between Thomas Gerrard of S' Clements in the Province
of Maryland Gent of the one party, and Cornelius Canedy of
the Same Province Brickmaker of the other party, Wittnesseth p. 3S0
That the Said Cornelius Canedy Shall well and truely Serve
the Said Thomas Gerrard Gent his heires Administrators or
2 14 Corcrt and Testamentary Btisiness, 1649-50.
Liber B. Assigncs for and diiring the Terme of three years from the
day of the date hereof in Brick makeing or other Such Service
or Imploym' as he the Said Thomas Gerrard Gent his heirs
or Assignes, Shall Seem best to imploy him in, In Considera-
tion whereof the Said Thomas Gerrard Gent. Is to find him
with meate drink Sufficient Apparell and Lodging with other
Necessaries during the Said Terme, and at the end of the Said
Term, if the Said Cornelius be living, the Said Thomas Ger-
rard Gent is to give him or his Assignes in ffreehold for ever
two hundred Acres of Land (paying therefore Yearly at the
usuall time and place two Barrells of Good Corne, with a
Sufficient house upon the Same of Twenty five foot Long and
Sixteen foot wide. Two Cowes or heifers with Calfe, two
Sowes with pigg, two Goates with Kid, five Barrells of
Corne, a bed fill'd with feathers or flocks a Pillow and one
Rugg, two dishes one pott and Six Spoons. In Wittness
• Whereof the Said Thomas Gerrard Gent, hath hereunto put
his hand & Seale the day and yeare &c:
Thomas Gerrard
Sealed Signed and Delivered
in the presence of. —
William Bretton Clk
John S Shurtcliffe
To all to wrhom these presents Sr all come Whereas
Thomas Gerrard of the Province of Maryland, hath late had in
possession one Servant named Cornelius Canedy which Said
Servant hath lately Runn away from his Said master Thomas
Gerrard from the Said Province of Maryland as by a writt
directed from the Right Worshipfull the Governour of Virginia
more at Large appeareth. Now Know Ye that the Said
Thomas Gerrard for a Valuable Consideracon in hand received,
doe by these presence Sell Bargaine and make over unto
Morrene Delammonda of Virg" Chirurgeon or to his Executors
or Assignes all my Right, Interest and Tide in the Said Ser-
vant for the full Terme of yeares belonging unto me by Inden-
ture Beginning at the 13''' day of ffebruary last past, and after
untill the first day of November next come two yeares fully to
be Compleat and ended, and I doe further bind my Self my
Executors or Assignes to Warrant ; and ensure the Said Ser-
p. 38' vant unto the Said Morren delamondayes within the Colony
of Virg" and further to Warrant and Secure the Said Servant
for the full Terme of one yeare and one day after the date of
these presents, and for the further Security of hin the Said
Morren delamondays, I the Said Thomas Gerrard doe bind
my Self my heirs or Assignes, In case the Said Servant happen
to decease within the Terme of one yeare and a day, after the
Court and Tcslamentary Business, 1649-50. 215
date hereof to pay unto the Said Morren delamonday his Liber b.
heires Executors of Assignes the full quantity and Sume of
twelve pound Sterling to be paid in Goods according to the
rates and Valuacon of this Colony, and I doe further bind my
Self or my Assignes to Cleare the Said Morrene or his As-
signes from all payments due unto the Said Servant by Inden-
ture, at the expiration of the Said time, for the true perform-
ance of all and Singular these Covenants the Said Thomas
Gerrard doth bind himselfe his heires Executors or Assignes
firmly by these presents, In Wittness Whereof hath hereunto
Sett his hand this 28''' ffebruary 1643
Signed and Delivered in Thomas Gerrard
the presence of us —
James ffrancis
Caersyen Cuersyaente ^
The Deposition of Susan Warren Sworn &
Examined the 19"^ January 1652 Sayth
That when m" Ann Boulton now the wife of M' ffrancis
Brookes dwelling with Cap' William Mitchell at the house
called S' Thomases She this depon' was then and there present
when the Said m'' Boulton Delivered to the Said Cap' WiH"' p- 382
Mitchell a piece of Scarlett of which afterwards there was made
a Cap for the Said Cap' Mitchell and Some there was to Spare,
As alsoe a piece of llanders lace as much as laced a Cap for
the Said Cap' Mitchell, as alsoe a piece of Holland as much as
made a Couple of Caps for him, and also about Six Yards of
4"* broad Ribbon as this depon' taketh it. And Likewise a
Scolop for a Cap, for all which particulars the Said Cap'
Mitchell in this deponents hearing promised to give the Said
m'" Boulton Satisfaction, And further this Depon' Saith that
the Said Cap' Mitchell in this dep" presence at the house afore-
said tooke from the Said m'' Boulton the keys of two Trunks
which She the Said m" Boulton claimed to be hers, which Trunks
and keys the Said Cap' Mitchell from that time detained from
the Said m" Boulton, till he had Sold her of to her now hus-
band as this deponent taketh it. And further Sayth not
Jurat die & Anno Sup: diet Tho: Hatton
The Deposition of ffrancis Vanenden Sworne and
Examined the 25'** January 1652 Sayth
That about 3 years Since ffrancis Brooks gave way to him
this deponent to take up a Cow of his (as he Said) going then
in or about the ffields at S' Maries ; And to take the milk of
her for this deponents own use. and Some time afterwards, he
the Said Brooks gave this deponent direction to deliver the
Said Cow to John Dandy. And further this Deponent Sayth,
2i6 Court and Testanieiitary Business, 1649-50.
Liber B. j^at the Said ffrancis Brooks in Ae time of his Siclcness about
the time aforesaid willed this depon' to tell John Dandy that
he the Said Brooks desired that he might Come to the Said
Dandys house and abide there for his better accomodation
during his Sickness, or to that Effect And that he this dep' did
afterwards acquaint the Said Dandy with his the Said Brooks
desire afores'' And further Saith not
Jurat die & Anno Sup" diet Coram me. Tho: Hatton
p. 383 This present writeing Wittnesseth that We Edward Hall and
Rebecca his wife the Administratrix of the Estate late of
George Manners deceased her former Husband, doe hereby
make and appoint M' Henry Coursey our Attorny to Com-
mence prosecute and defend, all Causes that are or Shall be
depending in Court within this Province, and to all other
intents and purposes touching the Said decedents Estate: as
fully in Every respect as we our Selves or either of us might
can or may do. Wittness our hands this 25"^ day of January
1652.
the mark of
Attestate -p me Edward x Hall
Tho: Hatton Seer Rebecca x Hall
William Edde maketh oath that about the Middle of Octo-
ber last being requested by m' Geo: Mee for that purpose he
willed one Richard Gaines Servant to John Cornelius to tell
his Master that the Said M'^ Mee .did expect him the Said
Gaines to be returned to him againe for that the Servant
which the Said Mee had from Cornelius in Exchange for him
was not an able Servant according to the bargaine or to that
Effect.
Sworne in open Court 22 January 1652
The Deposition of Garrat Bary Sworne this 22'*"
January 1652 Sayth
That about Six Months Since Comeing down in a boate with
John Roads now Servant to m' George Mee the Said Reads
Sitting as this depon' doth think as if he had been Sick, he this
Deponent Sayth he asked the Said Roads how he did and
whether he was Sick, the Said Roads answered that he was not
well Saying further that he had, had a fever and Ague ever
Since they had been out of the first weeds or to that Effect,
and further Sayth not.
Jurat die Anno Sup" in open Court
Tho: Gregory maketh oath 22''' January 1652 Sayeth That
John Cornelius was to deliver to m' Geo Mee by agreem' be-
Court and Testameniary Busitiess, 1649-50. 217
twixt them as able a man as he the Said Mee delivered John Liber u.
Cornelius, and that this deponent was imployed in bringing
m' Mee's Man to the Said Cornelius, and to bring Cornelius p- 384
man to the Said Mee, and Comeing along with the Said man
of Cornelius the Said man Said that he was Sorry that m' Mee
had Exchanged for him, not knowing him, for he was no Sound
man, this Depon' asked him why he did not tell him Soe before
he came from home. Saying if he had he would not have
brought him. And further Sayth not.
Jurat Coram me Tho: Hatton
Thomas Methin aged 45 years maketh oath in open Court
the 2 1 '''January 1652 Sayeth that he this Depon' could not See
any disability in John Roads by his labour and that for ought
he knoweth he was in health and able in body when he was
delivered to m' Geo: Mee. And further Sayth not
Jurat in open Court
At a Court held at \ W"' Stone Esq Governo'
S' Maries the 20''' January V Present Robert Brooks Esq, Cap'
1652 J John Price m' Tho: Hat-
ton, m'' Job Chandler &
m' Richard Preston
ffrancis Brookes Compiti The Complt Suit being to be relieved
Monjoy Eveiin defencu / for five Hundred & forty pounds of To-
bacco and Caske and Damages, for the Satisfaction of of which
debt a Servant of the defendants in the possession of Thomas
Gerrard Esq had been attached by the Sheriffe, by vertue of
an attachm' issued out in Sept last, and the hearing the last
Court respited till this Court, It now appearing by a Note
under the defendants hand directed to Levin Denwood for
the payment of the Said five hundred and forty pound of To-
bacco to the Complt, the Said note being Wittnesscd: and
m' Mathew Stone now averring in open Court that he had
upon that note demand the Said Tobacco of the Said Den-
wood for the plfes use which was not paid. And by other
Letters and papers now produced, that the Said Debt is Still
due and unsatisfied. And nothing being niade appeare to the
Contrary, but that the Servant attached is Liable thereunto. It
is Therefore Ordered that in Case the Complt be not other-
wise Satisfied his Said Debt with Court Charges within five
weekes now next Ensuing, that then Execution is to issue out p. -sj
for the Satisfaction of the Said five hundred and forty pounds
of Tobacco and Caske to the pit widi Court Charges by Ap-
praisment of the Said Servant, who in die meane time is to
remaine with the Said m"^ Gerrard he haveing promised to
Secure him in his possession till then for that purpose.
21 8 Court and Testamentary Business, 1649-50.
"'^^ "^^ Mr John Ashcomb pit ) Upon the plfcs motion, It is Ordered
ismaeii Wright deft \ j]^^j. (.]^g Defendant doe forbeare to Cutt
down or alter any the marked Trees of the Complts bounds or
otherwise to disturb hin in his possession of the land in
question, till the hearing of the Cause be Ended upon paine of
the Censure of the Court in case of his Contempt in this par-
ticular
Thomas Bennett against whom a Speciall Warr' had issued
out for his apprehension as Servant to m' Peter Langdell
Clarke, appearing this day moved the Court, informing that
he was a freeman haveing Served out his time and Desireing
to be discharged from the Said Warr' And Thomas Gerrard
Esq m' Langdells Attorney not being able to prove to the Con-
trary, It is ordered that Bennett Continue with m' Gerrard 6
months, and that if the Said m' Langdell upon Notice Shall
not in the meane time, Satisfie the Court by proofe that the
Said Bennett is his Servant, he Shall at the end of the Said
Six Months be freed, and m' Gerrard will in that case allow
him meat drink and Clothes during that time, and a Suit of
Clothes and 3 Barrell of Corne at the Expiration of that Time.
Thomas Cornwallis Esq pit ) A Petition WaS preferred by the plan-
Thomas Gerrard Esq deft / tiffe to have reliefe against the defend'
pretending that the defend' had unlawfully possessed himself
of the Complts Estate, Assigned to him by Cap' Richard Ingle
as by the peticon upon Record Appeares, The defendant An-
swers that he possessed himself of noe part of the Said Estate
p. 38G but by a Just and a Legall Course as he can make appeare if
the Court will allow him time to produce his writeings for that
purpose, It is Thereupon Ordered that the further hearing
hereof be respited till a Court to be held the Second day of the
next Assembly, In case an Assembly be appointed to be held
for this Province before Aprill next, And if not then till the
tenth of that Month And the Court will then proceed to the
further hearing thereof as shall be thought fitt.
p. 387 Thomas Cornwallis Esqr pit \ The Complain' as Attorney & As-
Thomas & John sturman deftsj gignce of Richard Ingle, Marriner
Sues for Tobaccoes Claimed to be due from the defendant to
the said Ingle which the def John Sturman by his Answer
denies to be due, It is ordered that the hearing be respited till
the next Court, and the Records to be Searched in the Meane-
time whether any Act of Attender were passed here against
the Said Ingle.
p. 2S8 ''"'"'"'as Cornwallis Esq pit ) The plantiffe Sues to be relieved
John sturman defendt } touchiug a Cow of his & alledged to
have been mismarked by the defendant in the time of the late
Cotirt and Testamentary Business, 1649-50. 219
troubles here, which the defendant denies by his Answer and Liber:
the plantiffe wanting his proofes desires a respite till the next
Court, which is ordered accordingly, and the Compk is then to
produce his proofes.
wiiim Stone Esq Governour pit 1 The Govemour moves the Coun-
Mr William Battan defendant ] Cell by Petition to have reliefe against
the defendant for loooo pounds of Tobacco and Caske which
he alledgeth he hath been damnified by the defendant by
Entertaining his overseer to drink in his house & otherwise
pnt -p petition ; the defend' pleads he wants his proofs in the
Busieness and requests the Court to Grant him respite till the
next Court, which is ordered accordingly by which time he is
to Summon his Wittness : and to appeare peremptorily
His Lordships Attorney Complained against Will'" Battan
for Selling or retailing of wine and other Strong Drink & Suf-
fering the Same to be drunk in his owne house without
Licence Contrary to the Law of England in that behalfe And
the Said Battan not denying the Same, It is ordered that he
pay one hundred pound of Tobacco & Caske fine to the Lord
proprietary for his offence in that respect
The Deposition of Robert Taylor aged about 30
yeares being Sworne and Examined in open Court
the 20"' January 1652 Sayeth
That he doth conceive that the Governo' was much damni-
fied for want of plants the last yeare. And he doth alsoe
believe that the drink which James Morphew had at m' Battans
was the Cause of it, and verily believeth the Governour could
not be less prejudiced then twelve hhds of Tobacco by the Said
James Morphews Neglect in his occasions the last yeare
Sworne in open Court
The Deposition of John Tompkinson Aged 35 years
or thereabouts Sworne and Examined in open
Court this 20"' January 1652 Sayeth
That James Morphew Servant or Overseer to W'" Stone Esq
Governour of this Province did Neglect his Busieness in the
Beginning of the year in drinking at m' Battans Thereby Neg-
lecting Sowing of Tobacco Seed and for the want of plants p. 3S9
could not plant his Crop in a Seasonable time as other men
did. By which means the Said Governo' as this Depon' verily
believeth was damnified in his Crop to the Value of fifteen or
Sixteen hhds of Tobacco at the least more then he made, and
further this depon' Sayth Not
Sworne in open Court
2 20 Court and Testamentary Btisiuess, 1649-50.
''^^'' ^- Mr lohn Abbingtnn pit ) 1 hc CoiTiplt by his petition craveth to
Mr James Knott defend! f be relieved against the defend' alledging
th' the defendant, notwithstanding he had given him warning
to the Contrary, hath built and Cleared upon the Complts
Land being one hundred acres lately taken up by the Said
Complt on the North Side of Putuxent River, to which the
defendant answers that he had a Verball Grant from the Gov-
ernour first, And upon further debate had in this Cause, It is
Ordered by consent of both parties, that the defend' pay the
plfe 300' of Tobacco and Caske and Court Charges and alsoe
the Charge of Surveying of the Said Land, and to returne the
rights of one hundred acres of Land to the Complt in Lieu
thereof. And the defendant taking a Grant of the Said Hun-
dred acres from his Ldp is to Enjoy the Same accordingly.
Robert Taylor plant ) The plant by his Petition craveth to be
Robert Brook Esq deft \ relieved against the def alledging that the
defend' hath killed divers of his hogs, the defend' in Answer
denieth the Same, and putting the plf upon his proofs, the
Complt alledging the def' hindred his Wittness from appearing
at this Court, It is ordered that the further hearing of this
Busieness be respited untill the next Court, and both parties to
be at Liberty to Examine what Wittnesse they think fitt and
then both to attend peremptorily
At a Court Held the 21"" January, present
f Governour, m' Rob' Brooke Cap' John Price ~|
\ M' Thomas Hatton, m' Job Chandler \
\ M' Richard Preston )
p. 390 William Stone Esq Govr pit 1 The plantiffe Sueth for four Thou-
wiiiiam Empson defendt / ^.^^^ j^o hundred and five pounds of
Tobacco and Cask upon Accompt for Goods, the Defendant
acknowledgeth that he had five hundred Thirty and Six pounds
of Tobacco's worth in Goods upon his Accompt from the Gov-
ernour and further declareth that he reced Truck from the Said
Governo'' to put of amongst the Indians which he alledged he
did according to Instructions It is ordered that it be referred
unto m' John Hatch Lieuten' Will'" Lewes and John Maunsell
to consider of the Governo'' demand touching the truck by him
delivered to William Empson the defend' and whether the Said
Empson hath according to his ingagem' to the Governo' En-
deavoured to put of the Said Truck to the Governo'' best
benefitt or not, And to certifie the Court how they find the
Same who having Spent Some time in the Busieness returned
their Certificate to the Court in these words following : This
2i"' of January 1652, Whereas the Governor Charges William
Court and Testamentary Business, 1649-50. 221
Empon with an Accompt of Truck and other Goods to the ^iber u.
Vakie of four thousand two hundred & five pound of Tobacco
and Cask, and Creditor for Roanoke and Corne two Thousand
four hundred, We wliose Names are hereunder Specified do
find the Accompt to be very reasonable and Just only Except
Seventy pounds of Tobacco, which is to Say in twenty Small
Axes, forty pounds of Tobacco, and likewise in twenty howcs
Thirty Soe there rests due to the Governour from William
Empson Seventeen hundred twenty five pound, William
Lewes, John Hatch, John Maunsell his mark. Upon Considera-
tion had of this Certificate. It is thereupon Ordered that the
defend' pay unto the Complainant the Said Sume of Seventeen
hundred twenty and five pounds of Tobacco & Cask according
to the Said Certificate
9 dec 1653. Execuc Sup inde ad Satisfaciend 1425' Tob:
Rem Judicij Sup diet.
Thomas Symonds pite \ Both parties attending this day accord-
wiiiiam Cole defendt \ |ng. (-q the Order of the last Court and the
Testimony now produced being not Sufficient for the Cleering
of the Cause It is againe thought fitt and So Ordered that the p. 391
hearing be respited till the next Court and both parties then
to produce theire proofes.
William Empson was this day fined Twenty pounds of To-
bacco to the Lord Proprietary for Swearing prophanely in
open Court.
John Cornelius is this day fined Twenty pounds of Tobacco
to the Lord Proprietary for prophane Swearing in open Court
, ^^ „ ,, , , The Complts Suit being- for I soo'
John Ilallowes Attorney 1 1 ^- i i i , i i r. * , i <-
of capt Henry ffleete by Ipite ', ^ ob ]iayablc by the def to the plfe
\t\Vt ^^%\' ^'l "^y^"/ K Cap' ffleetc i o No: 1 649 as appears
Mr William Eltonhead defend' I ■ ,^ ■ , ^r-i i 7 i , , .
by Specialty. I he defend' by his
Answer desired respite alledging he can prove the debt to be
paid It is Thereupon ordered that the further hearing hereof be
respited till the next Court, And if the defendant Shall then
faile in his proofes the Court will then proceed to give the plte
reliefe upon his Bill as Shall be thought fitt
Thomas Gregory acknowledgeth a Judgm' in open Court to
Thomas Cornwallis Esq & partners for one thousand thirty
and four pounds of Tobacco & Caske.
Know all me by these presence that I Thomas Connerye doe
Constitute and Appoint my loving m' ffrienship lounge my
Libe
2 22 Court and Testamentary Business, 1649-50.
J^- true and Lawful! Attorney to all intents and purposes as if
I my Self were personally present as Wittness my hand this 1 7
January 1652.
the mark of Thomas Connerye
Wittness Cuthbert ffenwick
Thomas cornwailis Esq pit ) The Compkin' Suit being for one
Walter Beane Administr of V hundred pouuds of 1 obacco by ac-
WilliamUrough deceased deft) ^^^^^^ J^^ f^^,^ ^^ gg^^^g ^f ^1^^
decedent Broughe Anno 1642 the def' agrees that upon m'
ffenwicks Oath to be taken that the debt is not Satisfied he will
be responsible for it out of the decedents Estate
Richard lietinett Esq Govr of Virga i . -, The Complt Sueth fof One
By mr Thomas Hatton his Attorney | P \ thoUSand forty nine pOunds of
James Linsey defendant j TobaCCO and Caske, with four
hundred and twenty pounds of Tobacco Interest for five yeares
due formerly from the defend' to Epaphroditus Lawson and
p. 392 assigned by him to the Complt, The defend' by his Answer
acknowledgeth the parcells mentioned in the Accompt but
alledgeth they did not amount to the Said Same of one Thou-
sand forty and nine pounds of Tobacco, but having noe proofe
to the Contrary, It is ordered that the defend' forthwith pay
unto the Complt his principall debt of one thousand forty and
nine pounds of Tobacco and Caske with Court Charges, but
for the plantiffs demand of Interest the Court doth not thinke
fitt to allow the Same
T. ^ , ,. ... - The Complain' Sueth upon a Bill of
lho:Connery by his Attorny ^ .u t i j j i n* i i
ffriendship Toung pite I three Hundred pouuds of 1 obaccoe and
Edward ciaxton by Mark \ Caskc dated the s'' day of ffebruary
Phepo his Attorney deft J iriii-i
1650 the defendant by his Attorney
Craveth a respite, but the Court being Satisfied concerning the
Justness of the debt, It is ordered "that the defend' pay pay
Bill Can d f°''twith, to the Complt or his Assignes the Said
three hundred pounds of Tobacco and Caske, and
the Bill is to be delivered up to be Cancelled, which was
Entred into by Ciaxton to Edward Hudson Attorney of Rob'
Holt and by Holt assigned to Connery.
Ult. ffebr 1652 Execuc inde ad Satisfaciend
His Ldps Attorney Generall M' Thomas Hatton informing
the Court that Some dispute, was made by divers of the In-
habitants of this Province, whether his Ldps Rents were pay-
able here, from the time of the Survey or the delivery of the
Grant, and whether any Rent ought to be paid for the Same
Court and Testamentary Btisiness, 1649-50. 223
year wherein the land was Surveyed in Case tlie Survey were
not made twelve months or near thereabouts before the day
of paym' the Said Attorney moved to have the resolution of
the Court herein, for his more Warrantable proceedings touch-
ing the Said Rents, Soe as neither his Said Ldp nor the In-
habitants may be injured thereby. And Cap' Cornwallis, M'
W'" Eltonhead and Some others of the Inhabitance present in
Court made what Allegations they thought fitt in the I3usieness,
Upon Consideration whereof the Governour and Councell this
day present in Court Unanimously Gave theire Votes, that his 1
Ldps Rents were Accomptable from the date of the Certificate
of Survey, and that for the first yeare where the Survey is
Made within lesse than twelve Monthes before the rent day that
a proportionable Share of that yeares Rent be paid for the
time betwixt the Survey and the first rent day Appointed by
the Grant
William Smoote moveth the Court to be relieved against
Cap' Thomas Cornwallis for the increase of a Cow recovered
at a Court held the 22"' November last, with his Charge and
Damages in the Busieness, the Court finding that there is Noe
increase, but what Smoote is alread possessed of, finds noe
Cause of Giving him any further reliefe in that particular, And
as touching the Charge It is Ordered that Cap' Cornwalleyes
pay four hundred and three pounds of Tobacco and Caske to
the Compk Smoote according to an Accompt thereof (now
produced by the Secretary) ^^f former Courts, the Court
Charges upon the hearing the 22''' November being alsoe
payable by the Said Cap' Cornwallyes who is ordered also to
pay one hundred pounds of Tobacco and Cask more to Smoote
for his trouble and Expences that Court
M' George Mee pit ) The plautiffe Sucs the defendant for that
Mr John Cornelius deft } hg j[d ^Qt deliver to him as able a Servant
according to Bargaine as he delivered to the defendant the
defend' by his Answer Allcdgeth he did whereupon the plan-
tiffe craveth to have a Jury, and the Court Giving order for
that purpose the Sheriffe Impannelled M' Phillip Land, m'
Thomas Mathewes, m' Richard Hodgkins, m' ffriendship
Toung, Scrg' Marks Pheypo m' William Whittle, m' Andrew
Wardner, Lieu' William Lewis, m"^ Nicholas Cuzeen, John
Maunsell, M' ffra: Brooks m' Walter Hall, to be of the Jury in
the Cause who having made Choice of M"^ Phillip Land for
their. foreman were Sworne in open Court, and their Charge j
Given them as followeth, You Shall Sweare to give in a Just
and a true verdict to the best of your Skill and understanding
upon the proofes to be produced unto you in a Cause now
2 24 Court and Testamentary Business, 1649-50.
Liber B. depending in Court between m' George Mee CompU and
John Cornelius defendant whether the def Cornelius delivered
to the Compk Mee an Able Servant according to his Bargain
and ap-reement or not, and upon consideracon taken of the
time the Said Servant hath been in m' Mee's possession and
till now no Complaint Made, and upon the whole Matter,
whether the Compk Mee ought to have any reliefe herein or
not, after which Charge Soe Given them the Said Jurors they
having Spent Some time in the Busieness, returned their Joint
Verdict in these words following, We find the Bargaine not
performed according to Agreement but that the plantiffe ought
to be relieved ; Upon which Verdict, It is ordered that the
Complainant Shall have his Servant againe which he gave in
Exchange for the def'* Servants in question, as also the
defendant to have his, but in respect of the Complainants
keeping the Said Servant So long in his possession without
Seeking for recompence, and in respect of Some Charg and
trouble which it appeares the defend' hath been at in Cureing
the Servant which he had of the Complt in Exchange as afore-
said of a Sore foot. The Court thinks fitt and it is Soe ordered
that the Complainant pay all Court Charges in this Suite.
The Deposition of Mary the wife of William
Edwine Sworne the twentieth day of January
1652 Sayth
That Goodman Hoult had Cattell at her husbands house this
depon' asked ffra: Brooks why he Sued this depon" husband he
Answered because he did detaine the Said Cattell which did
belong then to John Dandy Saying further that John Dandy
Sued him for the Cattell, further this deponent Saith that She
p. 395 asked him the Said Brooks, whether he would let her have the
Milk of a Cow and a heafer for that yeare upon hier, the S"*
Brooks Answered that he could not for John Dandy had a
firme Bill of Sale for them that he could not dispose of them
and that they were the Said Dandys, these words or words to
this Effect, And further Sayth not
Tho: Hatton
At a Court Held at S' Maries the 22"^ Jan'y 1652
present the Govern'' M' Hatton, m' Chandler
m' Preston
William Eddey Sworne and Examined in open Court diis
present day Sayeth.
That he was present about Six Monthes Since when George
Mee and John Cornelius made a Verball Agreem' for the
Exchange of two Servants, and that the S'' Cornelius did upon
Court and Testameniaiy Business, 1649-50. 225
the Said Bargaine or agreem' promise to deliver to the Said ^■'^^^ ^
Mee as able a hand as any was in Maryland, and could doe as
Sufficient a dayes work or to that Effect, And further this
depon' Sayth that the Servant which the Said Cornelius Upon
the S'^ Agreem' delivered to the Said Mee, was not (in the
best of this Deponents Judgm') according to his Bargaine
neither hath the Said Servant Soe far as this depon' could per-
ceive done nor (as this depon' verily believeth a
dayes work or Answerable to the Said Cornelius
promise and Agreem' aforesaid. Since he was delivered to the
Said Mee upon the Bargaine, And further Sayth not
M' Richard Hodskins maketh oath that according to a Can-
celled Deed in writing now produced unto him (Thomas
Hampar Sold to him this Deponent in May 1651 halfe his
Stock of Hogs, for which he was to pay the Said Hampar,
according to the Said Cancelled writings two hundred pounds p. 396
of Tobacco and Cask And that this Depon' did Assigne his
Share of the Said Hogs to m' Eltonhead. And further Sayth
not.
Sworne in open Court this 22"^ January 1652
Michael i!asey pu 1 Upon the defend'' Motion who
Hen: Cox & jno Bouiton deft ] appeared this day at the pltes Suit
upon an Arrest & requesteth the Court that the pltes Suit
may be dismissed he not prosecuting thereupon, It is ordered
accordingly and that the Complt pay the defendants one hun-
dred pounds of Tobacco, a piece for their Charge and Trouble
in attending Since the beginning of this Court with Court
Charges.
M' Richard Hoskins maketh oath that when I this Depon'
was in the Service of Cap' William Mitchell having power from
the Said Cap' Mitchell to Comand the Said Mitchells Servants
that William Smidi was then as one of his the Said Cap'
Mitchells Servants obeying my Command in fetching wood
and water as occasion reciuired.
Sworne in open Court this 22"" January 1652
John Bailey maketh oath in Open Court
this 22"' January 1652. Saycth
That William Smith being at m' Hattons Challenged two
Brasse kettles then there, this Dep' hearing him did rebuke
the Said Smith telling him as the Truth is that he this Depon'
Bought them kettells with Cap' Michclls Money his then
Master, And this Depon' further Sayth that he being at tiie
house of m' Phillip Lands dressing the Said Lands wedding
2 26 Court and Tesiamentary Business, 1649-50.
Liber IS. dinner, in there was taken out of his possession Certain
parcells of Pewter, and to the best of his this deponents
remembrance being Seven dishes Great and Small, upon
which this Depon' Told his Said then Master, who calling m'"
Williams to Accompt She the Said Williams did acknowledge
that She had them, and forthwith did deliver the Said Pewter
into this Deponents possession againe, and further this depon'
Saith that the Said m" Williams did Challenge a great pasty
plate as her owne marked with W M. and further Sayth not.
Jurat in open Court
p- 397 The Deposition of John Wheeler Aged 21 yeares
or thereabouts Sworne and Examined in open
Court this 22'*" January 1652.
Sayth. That William Smith told this deponent aboard the
Ship at Debtford, when they were Comeing for these parts of
America, that he the Said Smith was Servant to Cap' Mitchell
for the terme of four yeares, the occasion of the Said Smiths S'^
Report to this Deponent was, that the Said Mitchell Sending
this Deponent aboard upon his ace', biding the Said Deponent
Inquire for Smith his the S'' Mitchells Servant when he canie
aboard, and to Carry this Message to the Said Smith, that he
Should take him into his Custody and looke after him, or
words to that purpose, and further Sayth not.
Jurat.
George Howes aged 23 yeares or thereabouts Sworn
and Examined this 22 January 1652. Sayeth
That being aboard the Shipp called Thomas and John at
Debtford and then bound for these parts of America, William
Smith haveing in his Custody Clothes for Cap' William Mitchells
Servants, this Deponents then Master, when the Clothes were
delivering out, Morter a Taylor then Servant to the Said
Mitchell desireing Something out of the Chest from the Said
Smith, but, what this dep' cannot tell, the Said Smith replying
that he would have them Stay till the Said Cap' Mitchell, or
Some from him came aboard, further Saying that he the Said
Smith was a Servant as well as they, and Could not deliver
without order.
Jurat
At a Court Held the 24''' January 1652
present, the Govern' m' Hatton, m' Chandler m' Preston
Marks I'hepo pit \ The defendant desires time for the Exam-
Edw.-ird Hall def> / jnacon of his Wittnesses, It is ordered that the
hearing of this Cause be respited till the next Court, and the
def is by that time to produce his proofes peremptorily
Co2irt and Testamentary Btcsiness, 1649-50. 227
Edward Scurfeeld by ) ,^ ) The pltCS Suit being for SatisfaC- Liber B.
wiiim Edwin his Attorny / P'^ \ tioii for oiie Cersey Suite amounting -^^
mr Nicholas Cuseen defendant ) ^^ j^^ Hundred and fifty pOUnds of
Tobacco and one fustian Suit at Eighty pounds of Tobacco,
and fower Ells of fustian at Eleven pound an Ell comes to forty
four pounds of Tobacco and one Shaggd Hatt twenty and five
pounds Tobacco, one Blankctt at Eighty pound of Tob" which
clothes the pltes Said Attorney alledged had been delivered to
the defend' by the pit Scurfield and never any Satisfaction
given for the Same, in Answer to which Cap' William Mitchell
the defend" Attorney produced a Note under the pltes hand
whereby it appeared that he the Said Complt Surfield, as
Attorney for one Thomas Muns had delivered the Clothes
Complained for to the defend' in performance of a Bargaine
between Muns and the defend' Upon the Sale of a Servant.
Upon which the Court thought it requisite before any further
proceedings upon the hearing to have the def" Answer upon
Oath, for the better cleering of the Matter in in question.
Who afterwards appearing in person this day and upon his
oath Setting forth that the S'' Muns did agree upon Sale of the
Said Servant to deliver for him to the defend' Double apparell,
And that he the def had never received any other apparell
upon the Said Bargaine Save what he had received from the
pite Scurfield as Attorney of the Said Muns Expressed in the
Said Note now produced. As by his the Said def'^ Deposition
in that behalf more at large appeareth And the Court here-
upon Seeing noe Cause to give the plantiffe any reliefe upon
this Suit. Doth order that the Matter of the Compltes Suit be
from henceforth dismissed out of this Court, and the pit to pay
Court Charges
The Deposition of Nicholas Cawseen this day
Sworne and Examined in open Court Sayeth
That Thomas Muns did agree that upon his this Deponents p. 399
payment of 18 or 1900' of Tobacco & Caske for the Servant
he bought of him about three yeares Since which this dep' paid
accordingly he the Said Muns would deliver to this Deponent
Double apparell from head to foot for the Said Servant, or to
that Effect and that this depon" never reced from the Said
Munns, or any other, any apparell upon the Said Bargaine,
Saving what he received from Edw' Scurfield as Attorney of
the Said Munns mentioned in a Note now Shewed to this
Depon' Subscribed with the Said Scurfields mark and Witt-
nessed by m' Robert Clarke Dated the 14"' March 1650
The Deposition of m' Will"' Eltonhead Taken
in open Court this 24"' January 1652.
That he this Deponent not long before Cap' Nlitchells Going
2 28 Court a7id Testamentary Business, 1649-50.
Liber B. j-q England beincr at the house where Cap' Mitchell then and
now liveth called S' Thomas he the Said Cap' Mitchell then
and there in this Deponents presence and hearing appointed
m'" Williams or Warren to lay aside those Goods which She
claimed to be her ffathers and that he would Enquire of m'^
Mitchell his wife concerning them, and upon his return from
England he would deliver Such of them as he Should find by
his wifes relacon did not belong to him the Said M" Williams
or her father or to that Effect, and further Sayth not.
Jurat
Upon the motion of Thomas Ward Chirurgeon who hath
Married the widdow and relict of Edward Commins deceased
Shewing thereby that his Said wife in her widowhood Sold
part of her land, by her lately Pattented, unto Joseph Weeks,
who refuseth to perform the Bargaine, unless he may have a
Grant for the Said Land from the lord Proprietary according
to an Arbitration lately made, and a Survey by his Ldp's Sur-
veyo' Generall thereupon now produced. It was by this Court
p. 400 discussed whether the Said Widdow could Sell the Said Land
from her Children had by the Said Commins deceased, the
rights upon the Grant being part of the Said decedents Estates,
and the Grant being made to her and her heires the Said Court
is of opinion that being a freehold She might make Sale
thereof Lawfully, and doth order that the Said Sale be con-
firmed and the Governour is desired to pass a Grant thereof
under the Great Scale according to the Said Certificate of the
Said Surveyor, and It is further ordered by the Said Wards
consent that the Consideracon for which the Said land is Sold,
be disposed of for the Maintenance and best benefitt of the
Said Cummins Said Children,
Cap' Robert Vaughan maketh oath that upon demand of
one hundred fifty and four pounds of Tobacco for the use of
William Stone Esq Governo' of this Province, by' this Depon'
from William Jones late of the Isle of Kent deceased, the Said
Jones acknowledged the Said debt to be due, which is not yet
paid Soe farr as this Depon' knoweth, And further Sayth not.
Jurat this 24"^ January 1652 Coram me
Tho Hatton
Memorand : that the above last Deposition is
Crosst out in the Orriginall Record Booke
^ Memorandum that I ffriendship Toung Attorny of Thomas
Connerye doe assigne to Thomas Cornwallis Escj the Judgm'
Granted this day by the Court against Edward Claxton atlhe
Court and Testamentary Business, 1649-50. 229
Suit of the Said Connery being three Hundred pounds of To- Liber v..
bacco and Caske. Wittness my hand this 21"" Day of January
1652.
Testor Tho: Hatton ffriendship Toung
William Cole pit. Henry 1 The hearing of this Cause is respited p. 401
Potter & his wife defendts / xxXi thc next "Court in respect the Court
is informed that the def" wife lyeth in Cliildbed:
Fracis Brooks pit 1 1 he Hearing of this Cause is respited till the
John uandy deft / p,gj.j Court and both parties are then to attend
peremptorily.
Wm Smith pit ) The hearing is respited by consent till
capt Wm Mitchell deft ] j-j^g ^^^<^ Court, and both parties then to
attend peremptorily.
The next Court is appointed to be the Seventh day of March
next.
The Deposition of Mary Jones aged 20 Years or there-
abouts Sworn and Examined Sayeth.
That comeing unto Martin Kirks house three yeares Since
or thereabouts, I heard Elizabeth Potter & Martin Kirke and
his wife Say they had found a way to pay Eltonhead without
weight or Scales, and presently they replyed again and Said
hang them Papists Dogs they Shall have no right here, It is
not fitt they Should for the Governour cannot abide them, but
from the Teeth outwards, and Cap' Halley being by and hear-
ing them Speakc Such words he Said fie ; fie you may be
ashamed to Judge See hardly upon Christians and Soe went
out Much more I heard to this purpose which I cannot now_
remember and this before menconed or the Same in effect this
Depon' upon her oath averreth to be true to the best of her
remembrance. And further Sayth not
Jurat the 24 January 1652 Coram me. Tho: Hatton
These are to desire and Authorize m' Henry Coursey as
Attorney for me Cap' Rob' Vaughan in case I doe not appeare
my Self to appeare and Answer for me at the next Court to be
held at S' Maries at the Suit of Will'" Whitde in an Action of
the Case and to defend or -psecute on my behalfe in that Suit
at any Other Court to be held for this Province hereafter as p. 402
there Shall be occasion ; till I Give other order to the Contrary.
Wittness my hand diis 28''' day of January 1652.
Testor Rob' Vaughan
Tho: Hatton
230 Court and Testamentary Business, 1649-50.
Liber u. Know all men by these presents that I Thomas Warr in the
Province of Maryland Carpenter do Sell and possess James
Knott of Virg" Gent, two hundred acres of Land, being the
equall half of my plantation which I now live upon at Matta-
pany, he the Said knott to begin at the North Side next to
Luke Gardiner, and Soe have it altogether the Said quantity
of two hundred acres to him the Said Knott his heirs Execu-
tors or Assignes for Ever and I the Said Warr do by these
presents Warrant the Said Land from all Just claimes whatso-
ever from any person or persons, and doe bind my Self my
heirs, Executors to perform the Same, provided that the Said
Knot or his Assignes pay unto Cap' Stone our Govern' accord-
ing to his note to him thirteen hundred and ninety pounds
Tobacco in Cask, and I doe hereby further bind my Self upon
all Demands of in Case this Bill of Sale be not made accord-
ing to form to Sett my hand to any other which is made form-
able if he Soe likes of. Wittness my hand this 22"' October
1651
Wittness William Stone Sig: Thomas M W-^arr
Margaret Hunt widow the Administratrix of ffrancis Hunt
her late Husband deceased had paid out of the decedents Es-
tate to m' Thomas Marsh upon Judgm' 2145" Tob: & Caske
to Elizabeth Busbie upon Judgm' 1400' Tob & Caske, and
p. 404 upon Judgm' of Court allowed to her Self 723' Tob & Caske
in toto 426S' Tob: & Caske The Tottall of the Inventory given
in upon oath being but 3785' Tob: & Caske A Quietus Est is
Granted to the Administratrix as followeth viz;
[A Quiet Est to Margaret Hunt widowe]
In the Name of the Keepers &c And according to the power
&c. These are to give notice to all the Inhabitants and people
within this Province, and to all others whom it may concerne.
That Whereas it appears by a Certiff' or Coppy of Several
Judgm" and discharges thereupon under the hand of the Clarke
of the County Court for the Isle of Kent within this Province,
that Margaret Hunt the Administratrix of ffrancis Hunt late of
the S** Island and her late husband deceased hath Satisfied and
paid out of die decedents Estate 400' Tob: & upwards over
and above the Tottall of the Inventory of the Said Estate.
That therefore the Said Administratrix ought nor is not to be
any further Sued, Impleaded molested or prosecuted for or
concerning the Said Estate or any part thereof for which pur-
pose this her Quietus Est, or the Record thereof is from time
to time for the future to be admitted and allowed of in all
Courts of Judicature within this Province for a Lawfull and
Sufficient plea in Barr to all and every Suit Action or demand
Conrt and Testamentary Business, 1649-50. 231
which Shall happen at any time hereafter to be brought Com- i-'^'er i
menced or prosecuted against her the Said Administratrix in
any Court within this Province touching the Said Estate con-
trary to the direction herein before Expressed. Given at S'
Maries under &c the y'*" day of march Anno Dni 1652
p me Tho: Hatton Secret
Be it Knowne unto all men by these presents that Cap'George
Evelin Esq doe acknowledge to have had and received of m"~
Temperance Jay the Sume of one hundred and twenty pounds
of lawfull money of England, for the which mony I doe bind
my Selfe my heires Executors or Assignes firmly by these
presents to pay or cause to be paid unto the Said m" Jay in
Virginia Twenty pound Sterling "p Ann, beginning Nine
weeks before Michaelmas 1649 which twenty pounds is to be p. 105
paid Every Yeare during her life, and because money is Scarce
in Virginia 1 doe oblidge my Selfe to pay unto the Said m"
Jay, Soe much Goods as She Shall like of amounting to the
Said Sume of twenty pounds Sterling, and that the Said money
or Goods be paid at every half yeares end according to pro-
portion And if in case the Said m" Jay Should dye within a
yeares Space, then I the Said George Evelin doe promise to
pay or cause to be paid, twenty pounds Sterling to Such per-
son or persons as the Said m" Jay Shall appoint me before her
decease. Moreover if in case m" Temperance Jay Should
return into England within the Space of three yeares after her
arrivall in Virginia, I doe bind my Self my heires Executors or
Assignes to pay or Cause to be paid unto the Said m" Jay,
within three months after her arrivall in England the Said
Sume of one hundred and twenty pounds Sterling of Lawfull
money of England. And in case of non payment I the Said
George Evelin doe bind over to the Said m" jay a considerable
quantity of Land in Greendall old ffort or middle plantacon
amounting to the Said Sume of Twenty pounds Sterling p
Ann. In Wittness hereof I have hereunto Sett my hand &
Scale this 1 1''" day of October 1649 George Evelin
Test Tho: Pott, Sam: Cooper Scale
John ffoxe
This presents Wittnesseth diat I Lieutenant W'il-
'' '^' liam Lewes in the Province of Maryland doe acknowl-
edge to owe and be indebted unto Cap' W'" Stone his heirs
Executors or Assignes the full Sofne of five thousand three
hundred thirty ne pounds of Good Tobacco in cask to be paid
at or before the twentieth day of November next Ensueing the
day of the date hereof at my now dwelling house Scituate in
Portoback And for the better Security of the Said Judgment
232 Court and Testamentary Business, 1649-50.
Liber 15. abovc I doc not onely bind my heirs Executors and assigns
p. 406 but also all my Servants Good Tobacco and Cattell. Wittness
my hand this 9"^ of March 1652 William Lewes
Signed and Delivered in the presence of
Edward Robinson, Edward Mounkes
The Governour this day by a declaration under his
120 artu ^^^^ J.Q ^^g published at Kent made void all War-
rants or Licences by him formerly Granted for killing of wild
unmarked Hogs here.
At a Court held at S' ^ f WiHm Stone Esq Gov'
Maries 1 1° Martij V present < Cap' John Price
Anno Dni 1652 ) (m' Thomas Hatton
M' Thomas Hatton Secretary of this Province this day
informing the Court That m' ffrancis Lumbard Sheriffe of
Kent County had there by Vertue of his office and direction
from the Said Secretary long Since received 2227' Tob: and
Caske in ffees due to the Said Secretary from Severall of the
Inhabitants there as appeares by the Said Lumbards Accompt
under his hand which he had not as yet paid to the Secretary
as appeared also by the Said Lumbards own Lres, (and as m'
Thomas Marsh Merchant now present would Verify) though
Satisfaction had been often demanded by the Secretary in that
behalf. And moved that the Said Lumbard (who was bound
by his Office according to the Act of Assembly to collect and
Gather the Said ffees Should be ordered forthwith to pay the
Said 2227' Tob: and Cask to the Secretary, as alsoe what
other ffees of his the Said Secretaries he the Said Secretary
Shall hereafter make appeare by proofe here upon Record that
the Said Lumbard as Sheriffe aforesaid hath before this time
Received of his, and for which the Said Lumbard hath not
Satisfied the Said Secretary when Such proofe Shall be made
appeare, And further the Said Secretary Moved. That Whereas
upon Severall Lres & promises from Cap' Robert Vaughan
p-407 dien Commander of the Isle of Kent aforesaid to receive for
or Secure his the Said Secretaries ffees, he had intrusted the
Said Cap' Vaughan with divers grants of Land and other
Matters for which Severall ffees to a great Value were due to
the S'' Secretary from the Inhabitants there, That this his present
•jjceeding against the Said Lumbard (who was appointed
Sheriffe by the .Said Cap' Vaughan and ought to have put in
Security for the due Execution of his office) Should be no
prejudice in case the Said Lumbard Should prove non Solvent
but that the Said .Secretary might at any time hereafter have
reliefe in the premisses upon Suit against the Said Cap'
Couj'l and Testavieniary Busviess, 1649-50: 233
Vaughan or any others touching the premisses if the Court Liber b.
Should See Cause, It is therefore thought fitt (the Secretaries
ffees being Leviable upon Execucon) and upon -pusall of the
Said Lumbards Lre and Accompt and the Said m' Marsh his
attestacon thereupon, It is ordered that he the Said Lumbard
Shall forthwith pay to the Said Secretary the Said Two thou-
sand two hundred twenty Seven pounds of Tobacco and
Cask as also Such other ffees of his the Said Secretaries
as the Said Secretary Shall hereafter make appeare by proofe
here upon Record that the Said Lumbard as Sheriffe aforesaid
hath before this time received of his, and no Satisfaction given
when Such proofe Shall be made appeare as is desired. And
that the Said Secretaries now Mocon or this present Order or
any Execucon thereupon Shall be no prejudice to the Said
Secretary in any Suit by him to be brought hereafter agst the
Said Cap' Vaughan touching the premisses or against any
others either as Sureties for the S'' Lumbards due Execucon of
his Said office, or for defect of Such Security in case the Said
Lumbard prove to be Non Solvent.
Thomas Ward chiiur.^: pit ) ^he Complt Sues to be relieved
mr Tiio: Kingouid and'ii ^,^,j, I against the Defend'^ for that the deP
Henry Clay ' ^ m' Riugold and Others by his ap- p. 408
pointm' by unlawfull hunting and killing of hogs (as he al-
ledgeth) upon the Island of Kent in or neare Cabbin Neck
without the precincts of the Lord prop" fforrest did fright and
Scatter pltes piggs being about forty that not above Eleven
Marked hogs of them have been Since Seene or found in or
near that neck, to his Damage of 2000' Tob. and Caske, And
for that the def' Clay (though the Complt warned him to the
Contrary would not forbear hunting amongst his hogs upon
the Said Island to his great Damage, To this the defend'
Ringould denyed that he either hunted unlawfully or that the
pit was any way Damnified by any hunting of his the defend-
ants. And the defend' Clay in Answer Said that he never
p'judiced the pit by hunting amongst his hogs neither did he
hunt or Come amongst the pltes hogs but as being imployed
by the other defend' m' Ringould by Vertue of the Governours
Warr' for killing of wild hogs. And the Complt not makeing it
appeare by any proofe produced that either ot the defendants
had unlawfully hunted or that he the Complainant had Sus-
tained any Damage by their hunting as is Charged against
them. This Court thereupon having taken the Matter into
Serious consideration, Upon full hearing what could be al-
ledged on either party, Seedi no Cause to give the Complt
any reliefe in this Suit against the defendants or Either of
them. And doth dierefore order that this the Said Compltes
234 Court atid Testamentary Business, 1649-50.
Liber 15. Suit against the defend" be clearly and absolutely from hence-
forth dismissed out of this Court. And the Complt is forthwith
to pay unto the Said m' Ringould five hundred pounds of To-
bacco and Caske, and to the defend' Clay Three hundred
pounds of Tobacco and Cask in respect of the Great trouble
and Expence they have been put unto in Comeing from Kent
to attend this Court upon his the Compltes unjust troublesome
and Causeless .Suit
Tho: Ward pite 1 ^he Complt Sues to be releived against
mr Tho: Ringould deft | j.|.,g defend' in an Action of Defamation for
p. 409 that he hath been Much defamed by the defend" proceedings
against him in the Court at Kent, touching Ales Lutt his the
Complts Servant. Upon which that Court hath proceeded and
made an Order upon the Verdict of a Jury the first of October
last as now appeared to this Court, And this Court finding that
the Matter in question doth tend to the questioning the pro-
ceedings of the Court at Kent which gave allowance to the
defendants prosecution of the Now Complt in that Court,
Doth not think fitt for the present to intermedle therein, but
referreth the Examinacon and hearing thereof to Some Court
the next generall Assembly to be held for this Province, And
the Complainant Ward may then proceed upon this his Accon
if he think fitt
The Deposition of Isaack Hive aged 37 yeares
or thereabouts Sworne & Examined in the
Court at Kent Sayth.
That upon the 29'*" of Januay last past being at the Cliffes
where was present Cap' Robert Vaughan, and Thomas Pott,
And yo' Depon' did hear Thomas Ward of this Island Say
that Henry Clay's wife was a burnt Arse whore and had the
Pox, and he would Verify it, And further Saith not
Isaack Hiue
Cap' Robert Vaughan being then present did heare Isaack
Hiue and Thomas W'ard fall out and urging words past on
both .Sides, But yo' Depon' did hear Tho: Ward Say the Same
words that Isaack Hiue doth as he afifirmeth upon oath.
Rob' Vaughan
Thomas Pett being at that time present doth affirme the
Same, onely that instead of whore he Saith Slutt.
Tho: Pett
Henry Clay upon the proofes last before Entred Sueing
Tho: Ward upon an Accon of Slander in the Court at Kent
Cotirt and Testameiitary Btisiness, 1649-50. 235
That Court made theire Order thereupon i" Martij last, upon i.iber i
which Clay appealed to the Provinciall Court here, of which
appeale the Court at Kent allowed &c. Whereupon this
Court proceeded to the hearing of the Cause as followeth viz.
Henry Clay pu ) The Complt havincr appealed from the
Thomas Ward deft / Court at Kent to the Provinciall Court here,
after Judgment passed in that Court the first day of this present
Month against the defend' for Slanderous words by him Spoken p- 4'o
concerning the Compltes wife, Expressed in that Order. Upon
Consideration now had of the Said Order of that Court and
of the Deposition of m' Thomas Ringould one of the ConVs
there who now deposed in Court that the defend' Ward upon
the passing of that Judgm' did in a Violent way of Expression
offer to take his oath in open Court at Kent that the Compltes
wife had, had the pox or to that Effect, It is thereupon ordered
in the presence of both parties p'' and Defendant, and upon
hearing what could be alledged on either party and proofes
produced. That the defendant according to the Judgment of
the Court at Kent before Expressed Shall there three Severall
Court dayes next after his now return to Kent in open Court
there in a Submissive way acknowledge that he hath done the
wife of Henry Clay great wrong in the Slanderous and abusive
words by him utterred concerning her. Expressed in that order
and to aske her forgiveness for the Same with promise never
to wrong her Soe againe. And in default of performance
therein in a Submissive due respective Manner and at the
dayes before Expressed if Just and allowable occasion hind not,
the defendant Ward is to pay one thousand pounds of Tobacco
and Caske as a fine to the Lord Proprietary, or if Estate of his
may not be found Sufficient to Satisfie Such fine he is to be
whipped with one and thirty Stripes, at Some Court to be held
at Kent Shortly after it is made appeare to the Court there
that his Said Estate is not Sufficient for the purpose aforesaid,
And that he hath not Satisfied the Said ffine.
Upon the Motion of Thomas Ward Chirurgeon touching
Joseph Weeks his unconscionable and Extreame dealing with
him (as is alledged) about the delivery of a Servant upon Sale
of the Land Menconed in an order oi this Court of the 24"' of
January last made upon the Said Wards Motion, Weeks
having taken the Servant upon E.xecution though Ward tendrcd
other Good Satisfaction in Cattell as is p''tended, and Ward
having noe Servant at all to assist him in his occasions, have-
ing a Charge of wife and Children, and being (as he alledgeth)
able to produce a Conveyance whereby It will appeare that
236 Court and Testamentary Bjisincss, 1649-50.
Liber B. the Servant Executed did belong to the Children of m' Com-
P- 4" mins deceased and not to him, It is Ordered that the Examina-
tion and hearing of the Matter be referred to the Court at
Kent where the hard Conscience and Extreame dealing of the
Said Weeks may be regulated in point of Equit)' (if there be
cause) as the Court there Shall think fitt, And the Said Con-
veyance (if any be) to be then and there produced that Such
order may be taken thereupon by that Court on the behalf of
the Said Commins Children as Shall be conceived to Stand
with Justice and Equity.
The Deposition of Henry Potter aged 32 years or there-
abouts being Summoned to Testify on the behalf of Marks
Pheypo ag' Edward Hall and being Sworne and Exam-
ined this 8"' of ffebr 1652 Sayth
That in Winter last was two yeares Edward Hall and Martin
Kirke and this depon' wen' together in the woods to looke for
Sowes that had pigs, and finding of them, there were two
Sowes that were Somthing wild, which Edward Hall laid
Claime to, and to the best of this Deponent's knowledge they
were both black Sowes, And the Said Edward Hall desired
this deponent to ketch them for him with this Depon'' Dog.
and this Depon' did Ketch one with his dog, and the Said
Edward Hall laid hold of the Sowe and killed her, and desired
this Depon" for to put the Dog forth againe to ketch the other
which this Depon' did, and Edward Hall tyed her by the leg
to a Tree with the help of the rest then present. And further
this deponent Sayth that Edward Hall Changed the Sowe he
had killd with Martin Kirke for another Sowe of Marlines
which used to be at Edward Hall's House, But for the Marks
of the two Sowes So ketched with the Dog as aforesaid, this
deponent did take noe Notice thereof to the best of his remem-
brance neither can he tell what Markes they had And further
Sayth not
Jurat die & Anno Sup diet Coram me Tho: Hatton
Richard Bennett his marke for Cattell and Hogs
p- -11= ' "' Viz. The right Eare Cropt and a Slitt in the Crop and
the left Eare Swallow Tayled.
I under written doe ingage my Self to m' Joseph Manning
to beare him harmless from a Bill of Twenty three hundred
pounds of Tobacco which he Stood ingaged to m' William and
Thomas Daines as Administrators to m' Walter Coopar, thir-
teen hundred and fifty pounds of which jngagement being due
to WiH. Haines and the Remainder of the above menconetl Bill
Court and Testamentary Business, 1649-50. 237
due to the Estate of the Said m' Coopar deceased, And I doe Liber u.
further ingage my Self that in Case m' Daines received a Bill
fifteen hundred pounds of Tobacco, which was in part of the
debt above Mentioned that the Said m"^ Daines Shall returne to
the Said m' Manning the Said Bill of fifteen hundred pounds
and if in Case he hath received all or any part thereof that
then the Said m' Daines to be accomptable for what he hath
received, Wittness my hand this 9"' January 1652
Henry Coursey
In the presence of
. Tho: Hatton s'*" decemb' 1646
Upon the Petition of James Linsey Attorney of Cornelius
Canoda against Thomas Gerrard Esq &c It is this day ordered
by the Court that the Said Cornelius be at the Court in the
first of March next, by himself or Attorney to Answer to the
Allegation of the Said m' Gerrard, and that m' Gerard keep
the wages due to Cornelius in his hand as his Security till the
Said Cornelius have made answer as aforesaid
John Lewger
John and Richard Sturman doe Jointly and Severally bind
themselves for the appearance of William Hardvvich at the
next generall Assembly to be held for this Province to answer
to the Suit of lliomas Cornwallis Esq in an Action of the Case
Either by himself or his Attorney and to abide the Order of
Court, And this in the penalty of tenn Thousand pounds of
Tobacco to be paid to the Lord Proprietary. Wittness theire
hands this 24"' day of March 1652
John Sturman
Testor: Tho. Hatton Richard Sturman
». ^ ^uii ^ct^ f W"' Stone Esq Gov' & Robert p- MS
At a Court he d at S | ^.^^^^^ ^ '. j^,^,^ p^i^^
Manes the ss'" day of V present j ^^ .^^^^^^ j.j^'^^^J^ j^p ^^^
March Anno 1652 j ^ Chandler M' Richard Presto
Mr Hugh Lee pit. ) 1 he plant Sues for fifteen Hundred pounds
Henry Potter iicft ] q{ Tobacco and Caske which he was forced to
pay to M' William Wilby of Virginia in regard of his the plant
giveing the defendant a passage from Virg^to Maryland upon
his Entreaty pretending he was a freeman and proved to be a
Servant for reparcon wherein and for Damages the pit. craves
releife p at p' petition the defend' in Answer Sayeth that the
pit. knew before he gave him his passage upp that he was a
Servant, and after he was Conie upp did hire him as a Servant
and alledged he could prove that the plantiffe knew of his being
238 Court and Testamentary Business, 1649-50.
Liber B. a Servant as aforesaid by Some Testimony in Virg' and desires
time for that purpose. It is tlierefore ordered tliat the further
hearing be respited till the next Court and the defend' is by
that time to produce his proofes peremptorily
Danieii ciocker pit ) The Complt moveth the Court to have
Tho: Cornwaiiis Esq deft) rcleifc against the defend' for Corne and
Clothes w'^'^ was due to him as he alledgeth for his Service to
the Defend' to which the defendant in Answer pleadeth the
Statute of Limitation of Accons, And the Court thereupon
p- 4M after reading of Severall former orders made in this Cause
thought not fitt to give the Complt any r.eliefe upon this his
Complaint but dismisseth the Suit
Thomas Cornwaiiis Esq pit )^ Whereas the hearing of this Cause
Thomas Gerraid Esq deft ) ^^^ j-j^^, j^gj. (^quj-j- referred to be heard
the tenth of April next, It is now ordered that die hearing
thereof be further respited till the Court appointed the Seventh
of June next
Thomas Gerrard Esq pite 1 The Complts Suit being for the Choice
mr cuthbt ftenwick deft \ of oue Colt out of two due to him upon
Agreem' and Valuable consideration Given. The Defend'
acknowledgeth the Bargaine but alledgeth that the Complt
delayed to receive the Colt till both those of which he was to
have his Choice were dead, And the Complt alledging that he
had not any way Neglected to receive the Colt, but that the
defend' had Neglected the delivery contrary to his Bargaine,
And the defend' thereupon craving respite till the next Court
to produce his proofes. It is ordered accordingly and the def' is
then to produce his proofes peremptorily.
John Nunne by mr I ■) The CompltSues the defend' for
Henry Coursey his Attorny / 1' *^ I a hogshead of Tobacco lent to him
mr Cuthbert flenwick defendt j j^^^ gj^^^^ f^^ ^^j^j^j^ j^^ j^^^,^ ^^^^
Received noe Satisfaction though often demanded. And the
defend' in Answer denyed that the Complt had lent him any
Tobacco; but confessed that upon the Compiles request (he
the defend' being bound for Virginia) to dispose of a hogshead
of Tob: of his and to be accomptable, he the def' caused the
Said hogshead to be brought aboard the Vessell which was then
bound for Virginia, and that upon Sight thereof it proved to be
rotten & uimierchantable, for proofe whereof he desired
respite till die next Court, which is ordered accordingly, And
the defend' is then to produce his proofes peremptorily.
Court and Testamentary Business, 1649-50. 239
The Deposition of Markes Pheypo aged 35 years Liber b.
or thereabouts being Sworne and Examined this
day in open Court. Sayth.
That m' Cuthbert ffenwick being about five or Six years
Since a Shore at S' Inegos ffort requested this Depon' that he
would Sett him aboard of Cap' Burbages Sloop. Comeingp. 415
aboard the Said m' ffenwick desired this Deponent that he
would take Notice of a hogshead of Tobacco whether it were
Merchantable or noe, he this depon' answered that, that hogs-
head was not Merchantable, the Same being rotten So far as
this depon' did View the Same.
And further nV ffenwick did desire this depon' that he would
help to head it, for the head was then out. And further Saith
that the Said m' ffenwick could not then conveniently put the
Same ashore having noe Boate for that purpose, and the Sloope
in Short time after Setting Saile for Virginia And further
Sayth not.
Robert Taylor by his Attorny ) ,, ) According to the direction of
John Hambieton )P \ an Order made in this Cause the
Robert Brooke Esq defendant ) ^o'" day of January last, the parties
now attending, and the Complt by his Said Attorney pro-
duceing his proofes. And the defend alledging that the pltes
marke Expressed in his Petition, and the Marke appearing by
the proofes were different. It is ordered that the Wittnesses
that viewed the hogs killed Shall view the Compites hogs,
that by Testimony upon oath or otherwise the Court may be
Certified whether the Marke of the hogs killed doth agree
with the Marke of the Said Taylors hogs or not. That the
Court may proceed thereupon as Shall be thought fitt, And for
this purpose the further hearing is respited till the next Court
Phillip Harwood aged 35 yeares or thereabouts Sworne
and Examined the 20"' of ffebruary 1652 Sayth.
That in or about November last past your Depon' being
then Servant to m' Robert Brooke and being at work helping
the Carpenter there came in one of m' Robert Brookes his
Children, and Said that there was wild hogs in the Neck,
whereupon Tho: Brooke tooke his Gunne and Called John
Taylor to go out with him, not long after this Depon' was
Called to goe and .Singe a hog, w'='' your Deponent did it
being a Marked Barrow of a midle Size w"'' mark was the
right Eare Cropt with a half moon under the Said Crop, the
left Eare being Slitt with the upper part of the Slitt cutt away
in Manner of a Square, And further this Deponent did hear his p. 416
then Said Master Say if the right owner Came he would give
him Double Satisfaction, And further Sayth not
Sworne before me Rich'' Pn-ston
240 Cotirt and Teslamentary Business, 1649-50.
B. Ishmaell Wright Sworne & Examined the Sixteenth
of March 1652.
Sayth. That being at worke with master Robert Brooke
there Came in one of the Children and Said there was hogs in
the Neck, whereupon Thomas Brooke and John Taylor tooke
2 Gunnes m' Brooke being present, And after they being gone
a Litde while your Depon' heard the report of four Gunnes
and about an hour after m' Robert Brooke Came to yo' Depon'
and desired him to goe with him into the house, And from
thence yo' Depon' went with and the rest where they Said
there was a hog killed, And when yo' Depon' Came there the
Said Robert Brooke Shewed yo' Depon' a marked hog that
was killed and desired yo"^ Depon' to Cutt off the Eares and
take Notice of the Marke (Saying) that if the right owner
Came he would Satisfie for that and another that was killed,
which mark was thus to the best of yo' Deponents knowl-
edge viz' the right Eare Cropt with a half moone under the
Crop, the left Eare had the upper part Cutt away in Manner
of a Square And further Sayth not.
Sworne before me Rich'^ Preston
John Taylor aged 23 years or thereabouts Sworne and
Examined the 20"" ffebruary 1652 Sayeth
That being at work at m' Robert Brooke his house in or
about November last past there came in one of m' Brooke his
children and Said there was wild hogs in the Neck whereupon
Thomas Brooke tooke his Gunn and went out and called yo'
Deponent, and Comeing back againe met with Some hogs,
and the first hog that came was a marked hog which they let
pass the rest were unmarked as farr as yo' Deponent knoweth,
whereupon the Said Thomas Brooke Shott amongst the Said
Hogs and likewise this Deponent and lamed two Marked hogs
17 and killed two unmarked hogs, whereupon, m' Robert Brooke
came, and Seeing the two hogs hurt Comanded that they Should
be killed out right, and Said if the owner of them Came he
would Satisfie for them, and withall called one Ishmaell Wright
and this Deponent to take Notice of the Marks, (w'^'" Marks)
was to the best of this Deponents knowledge thus viz' the
right Kare Cropt with a half moon under the Said Crop And
the left Eare Slitt and the upper part of the Slitt cutt away in
Manner of a Square
Sworne before me Rich"* Preston
Andrew Scot Sworne and Examined the 20"' ffeb-
ruary 1652. Sayeth.
That m' Robert Brooke did tell this deponent that he would
give his Master Robert Taylor SaUsfaction for the two Marked
Court and Testamentary Business, 1649-50. 241
hogs that he had killed if he could proove or Sweare they were Liber
his and further Sayth not.
.Svvorne before me Ri: Preston
John Taylor and John Gramer Sworne and Examined the
20"' ffebruary 1652.
Sayth That m'' Brooke did Say to Robert Taylor that if that
he could proove the two hogs to be his that was killed that he
would Double the Value of them according to Law. and further
Sayth Not.
Sworne before me. Ri: Preston
Mr John Henry & Willm Couvsey pltes \ '^he Complt SueS for
Mr rhomas Uaines p Geo: Mee Attorney V Damages for nOn perform-
Defendant J ^^^.g ^f Covenants accord-
ing to agreem' in writing m' Mee the defendants Attorney
desires respite till he may Send to the defend' for his Answer,
The Court thereupon doth respite the further hearing hereof
till the next Court and will then proceed to give the pit .Such
reliefe upon their Covenant as Shall be fitt
The plantiffe Sues to be releived for
that he paid to the deP who was then
Cap' Richard Ingles Attorney Eight hundred Sixty and four
pounds of Tobacco and four pounds and half of Beaver as full
Satisfaction of a Bill dated the fifteenth of ffebruary 1643
wherein he was bound to the Said Ingle for paym' thereof and
that the Said defendant hath not according to his undertakeing
delivered up the Said Bill, But he is Liable to be Sued for the p^ 418
debt thereupon, Cap' Thomas Cornwallis who hath or lately had
the Same in his Custody haveing demanded Satisfaction againe
upon the Same and desires that he may either have his Bill deliv-
ered up or his Tobacco and Beaver paid upon the Same, to be
restored with Damages, To which the Def' acknowledgeth that
he being Cap" Ingles Attorney received the before Mentioned
Tobacco & Beaver in Satisfaction of the Said Bill, but by
reason of the plunder was disabled to deliver up the Bill : and
Cap' Cornwalleyes now present in Court being Assignee or
Attorney of the Said Ingle alledgeth that he hath not the Said
Bill now in his Custody nor ought as he conceives to be Com-
pelled to the delivery up thereof, and tlie Complt offering to
take his oath that the Bill which Cap" Cornwalleyes Shewed
him Since his last Comeing in and upon which he demanded
.Satisfaction as aforesaid was the Bill in question. And the def
offers also to take his oath that he was Ingles Attorney, And
that if he might See the Bill which the plantiffe alledgeth he
Saw in Cap' Cornwalleye's hands, could depose whether it were
242 Court and Testamentary Business, 1649-50.
Liber B. the Bill in question or not, It is therefore Ordered that Cap'
Cornwalleyes Shall the next Court bring in the Said Bill there
to be -pused that further order may be take thereupon as Shall
be thought fitt. —
The pit for two Cowes a heifer Calfe and
^^Z^^vtl^ \ a Bull Calfe and a yearling heifer assigned
By Henry Coursey his f to hiiTi and Others whose tide he hath Anno
Attorney defendant J ^^^g ^^ ^^,, Margaret Breut Understood
to be his Ldps then Attorney towards Satisfaction of their
Sallary as ffort Soldiers, which the defendant in a forcible
manner tooke out of the possession of John Salter not long
. after with their increase and Damages. To this the defendant
by m"^ Coursey his Attorney moveth to have the Cause Res-
pited till the Second day of the next Assembly which is
ordered accordingly and both parties are to attend without
furth' notice at the Court then to be held.
Edward Hall & Rebecca liis wife Adrn^x of Geo: Manners deced | The plautiff
By Henry Coursey Attorney pit. William Hardwich deft ) j^j point of
'*'9 Equity moves that the defendant now present in Court may
declare upon oath whether he received of George Manners
before his Death any Satisfaction upon the Judgment of twelve
hundred pounds of Tobacco of the 1 1 '*' of October 1650, And
how much upon perusal therefore of the decedents Accompts
upon Record in that particular and of an order of the 22"' of
June last made upon the Mocon of Edward Hall touching the
Matter in question. It is ordered that the defendant Shall by
the next Court Declare upon Oath according as is moved that
the Court may receive Satisfaction therein, the Court will then
upon the defendants Contempt or Neglect in that particular
proceed to the plantiffes reliefe. as Shall be litt. William Hard-
wich in obedience to the Order of Court above written and in
Answer thereunto upon his Oath Sayth That he did not at
any time before the death of George Manners receive from
him or any other any Satisfaction or part of Satisfaction of the
twelve hundred pounds of Tobacco and Caske for which the
Said Manners acknowledged a Judgm' upon Record to him
this Deponent the Seventh of October 1650
Sworne in open Court
To the Worshipfull Governour & Councell
This is to let you understand that I Robert Taylor of Putux-
ent Doe here peticon and make my Complaint of m' Brooke
of Putuxent Esq for killing of my hogs, two Barrowes the one
two yeare old and the other one year and three quarters
Court and Testamentary Bicsiness, 1649-50. 243
marked of Such a Mark Cropt of the right Eare and a half Liber m.
moon underneath, and a Square of the left Eare, & a hole on
the Same eare with two' Shotes unmarked which belonged to
the Same Company, which I lay Claime to be mine, Soe I
desire that I may have Justice done me and that is all the
Satisfacon I desire:
At a Court held at S' Maries the 23 ) n ^ ^u j u r
nT 1 A T-v ■ • ^ f rresent as the day belore
March Anno Dommi 1652 J y ^
Capt William Mitchell pit ) Upon Mocon ou the defendants be-
iicnry Cox defendant f halfe Informing that by reason of Some
hurt he was disabled to appeare. It is ordered the pit being
p'sent that the hearing be respited till the next Court and the
defendant to appeare then by himself or his Attorney peremp-
torily
Memorandum that I William Batten do desire and Authorize p- 42c
m' Thomas Hatton Secretary of this Province to Mediate on
my behalfe with the Governour touching a Matter in difference
betwixt the Said Governour and my Selfe now depending in
Court, And doe Engage my Selfe hereby to Stand and per-
forme what end the Said m' Hatton Shall procure to be made
therein either by order of Court or otherwise Soe farr as the
payment of all or any the Charges of Suit in the Said Cause
or difference Shall Extend. Wittness my hand this 21''' of
January 1652
Wittness The mark of
Henry Coursey Wittm W Batten
To the Honourable the Governour & CounccU of
Maryland
The Petition of Robert Brooke Esq
Humbly Sheweth.
That in or about the Months of January or ffebruary last was
a twelve month yo' Said Petitioner haveing a Drove of Hogs
Sixteen in Number which usually beded in m' Cuthbart ffen-
wicks Land near to the land of yo' Petiton' the Said Cuthbart
ffenwick killed & caused to be killed & lost ten of the Said
hogs whereof one Great large Bore, which, defended the rest
of the hogs from the wolves really worth three hundred weight
of Tobacco two Great large Sowes that Cost two hundred and
fifty weight of Tobacco a piece four other Sowes and three
Barrowes, the fellowes of them the last Slaughter time worth
two hundred and fifty weight of Tobacco a piece to the Great
Damage of your Petitioner, besides the Kncrease ol Tenn
Sowes more (then) at your Petitioners Dwelling house wliich
244 Cotcrt aiid Testamentary Business, 1649-50.
your Petitioner lost for want of a bore, And four of those
Sowes rann away to John Medleys of Newtown for want of a
Bore which cost your Petitioner eight hundred weight of To-
bacco, and them he could not yet gett home nor knows how
to gett home, all which yo' Petitioner tenders to the Consid-
eracon of this Honourable Court that he may be righted ac-
cording to Law and Conscii_nce, and Soe he Shall Ever pray.
Robert Brooke Esq pit ) The Compltes Suit being for Satis-
mr Cuthbt ffenwick defencU / faction for Divers hogs of his which the
defendant (as he alledgeth) unlawfully killed and Caused to be
lost above a twelve month Since of the Value of 3350' Tobacco
and Caske with other Great Damages occasioned thereby (pnt
•p Petition) And the def' in Answer denying that he killed any
hogs of the Compks. And the Complt produceing Some proofs
The Defendant thereupon desired time to produce his proofs
It is thereupon ordered that the hearing be respited till the
next Court And the defendant is then to produce his proofes
peremptorily.
The Deposition of Anthony Kitchin aged 21''' yeares
or thereabouts Sworne and Examined this 22'*"
day of March 1652 Sayth.
That in or about April last this deponent going with Robert
Brooke Esq his Master to the house of m' Cuthbert ffenwick
upon Putuxant River where this deponents Said Master
desireing ffriendship Toung the Said M' ffenwicks then over-
seer (as this deponent taketh it) to Shew him the Eares of
Some hogs then lately killed by the Said m' ffenwicks Servant
as was Informed, the Said Toung thereupon Shewed to this
Dcpon'' Said Master the Eares of five hogs or Swyne Marked
with this Depon" Masters Marke being Cropt on both Eares
and a hole under the Crop on the right Eare, and two Slitts in
the Crop on the left Eare And further Sayth not
Sworne die & Anno Sup'' Diet Coram me Tho: Hatton
The Deposition of Thomas Cole aged 34 years or there-
abouts Sworne and Examined in open Court this
23 day of March 1652 Sayeth.
That Comeing upon M' ffenwicks land in ffebruary last was
a twelve month or thereabouts, in the Night there Came hogs
to the place where m' ffenwick m' Eltonhead and Some Ser-
vants and he this deponent (had taken up their quarters) which
hogs being discovered m' ffenwick and the rest and he this
Deponent Rose up and killed Six of them wiih Gunns and
Court and Testamentary Bnsiness, 1649-50. 245
Dogs viz' three large Sowes and one large Bore one young Liber 1
Sow and one young Barrow, the Boare being of a Grisled
Colour w"" Black Spotts, which Said Bore was fflead by this De-
ponent, but for the marks this Deponent remembreth not. And
further sayeth not
Sworne in open Court
Upon the motion of Robert Brooke Esq. Shewing that Wil- p- '^"
liam Stevens and Thomas Thomas have procured Surveys of
Land on the South Side of Putuxant River without Warrants,
for which land he the Said m' Brooks had a promise from the
Cover nour, and prays that the Said Surveys may be made
Null, And m' Clarke the Surveyor present in Court alledgeth
that the Said Survey's were according to Warrant, It is
ordered That m' ffenwicke and Peter Johnson doe View the
land Surveyed and Certifie whether the Surveys be according
to the Warrant : yea or no And thereupon the Court will take
Such further order as Shall be fitt.
Mr John Ashconibe plant •) Upou Reading of a former Order
ismeaii Wright defendi / made in this Causc of the 24 day of
November last whereby the hearing was respited till the Sur-
veyors returne from Annarundell the Compks Suit against the
defendant being for disturbing him in his possession of his
land upon Putuxant River according to the Certificate of Sur- ''' '*^"'
vey thereof upon Record dated the Sixth of August 1651 by
altering his bound Markes cutting down Trees &c M' Robert
Clarke his Lordships Surveyo' Generall now present in Court
informing on the defendants behalf that the alteration of the
bound Markes Complained against was by his direction occa-
sioned by a Mistake in the .Survey as he alledged therein But
the Court being of opin ion that after a Survey Entred upon
Record the Surveyo' Cannot without order of Court or the
Tenants Consent alter the Same And It appearing that the
plantifft-s trouble & Charge in the .Suite hath been occasiontrd
by the Surveyors unwarrantable proceedings in the [jreniisses
the Court This Court thereupon with the Consent of the plan-
tiffe and die Said Surveyo' doth order that the pit Shall
peaceably enjoy the possession of the Land in question
according to the Survey aforesaid, And if upon a new Survey
it Shall appeare that the plantiffe hath upon the Said Survey
upon Record dated the 6"' August 1651 any more land then
the Same was then .Surveyed for, the Governour is willing to
Grant the Same unto him he paying his Ldps Rent for the
Same of which new Survey and Grant if any hapen to be, the
246 Court and Testamentary Btisiness, 1649-50.
Liber B. Surveyo' is to beare the Cliarge, and either party is to beare
his owne Charges in this Suite
Memorandum tliat Such part of the foregoing En-
try under which black lines are drawn Signifies
that the Same words are Struck out in the Orrigi-
nal Record Book
Thomas Bushell appointeth Cap' William Mitchell his
Attorney in the Cause betwixt him and nV Cuthbart ffenwick
Wittness his hand this 23 days of March 1652.
Thomas Bushell
Cap' John Price Maketh oath this 23 of March 1652. —
Sayth. 7'hat Humphrey Atwixe had a bore which kept Com-
pany with this Deponents hogs which Said Bore William Mar-
shall did Cutt or Geld at this Deponents Penn, after which
time of his Cutting the Said Bore left the Company of this
p- 424 Deponents hogs and went to Owen James Hogs, after which
time the Said Humphry Atwixe did kill the Said Bore or
Barrow as Owen James Informed this deponent and did dis-
pose of him for his owne use. Sworne in open Court
Henry Poiintneii pit ) The Complt Suit in Equity being for
Marke liiomfieid deft s three Hundred and twenty pounds of To-
bacco and Caske upon a Bill which is lost, the def acknowl-
edgeth the Debt, It is thereupon ordered that the def' pay the
Said three hundred and twenty pounds of Tobacco and Caske
to the pit.
Capt William Mitchell pit ^ The plantiffes Sues for four Breeding
Mr Robert Clarke defend" » Sowes with their Increase from Christmas
1650 & nine hundred pounds of Tobacco and Caske, the
defend' confesseth the nine hundred pounds of Tobacco and
three Sowes Comeing to Seven hundred and fifty to be due
which he is ordered to pay to the Complt being in the whole
Sixteen hundred and fifty pounds of Tobaccoe and Caske
Mrs Kathorne Hebden b,y | , ) The pit Sucs for a Bull killed as he
wm Marshall he Attorny } P" \ alledgeth by the defend' the def Sayth
K.chard Kennit defend. j ^^ gj^^^^ ^^^ g^jj^ g^^ ^jj j^ ^^ ^j^^
pits Attorney's Direction, and the Compks Attorney confesseth
he willed him to kill a Steer of his Ldps but he Shott a Bull of
m'" Hcbdens and confesseth that he the Said Attorney Carried
away the Bull by Governour Calverts direction who promised
to make Satisfaction, The Court therefore dismisseth the Suit
as to the defend' and Leaveth the pit to Seeke reliefe where
it is proper widi Twenty and five pounds of Tobacco to be paid
by ilic i)lt to the def' and Cluu-ges of Suit
Court and Testamentary Business, 1649-50. 247
Thomas B.sheii pit ) '^^6 pkntiffe Sucs to be rdeived against Liber
ffreindship Toung and \ the defendant upon a Bill date 21"' jan-
mrcuthbt. fTenwickdeftj ^^^.y ^^^^ f^j. ^^^ ^y^ ^^^ Servant
betwixt Eighteen and twenty five yeares of age with four years
to Serve at least, or otherwise a Boy for Seven years or above
with Good Sufficient apparell to be delivered at Christmas
then next, the defend' acknowledgeth the Bill but alledgeth the p- 425
want of Servants Shiping not Comeing in. It is ordered that
the defendants by the last of may performe their ingagem' or
. , ^ „ J in default thereof Execution and the Bill to be
Bill Cancelled , ,. , ^ , ,, ,
delivered up to be cancelled.
9° Junij 1653. Execut ag' the body of nV Cuthb' ffenwick
ad Satisfaciend
Upon the Motion of Henry Hide Servant to m' Laurence
Starkey to be relieved against the Said m' Starkey, alledging
that he would keep him a perpetual Servant, The Court being
fully Satisfied of the Complainants Grievance, m' ffenwick
Attorney to m' Starkey alledging what he thought convenient.
The Court orders that the Complain' returne home to his Said
Master and to Serve him from the Last of October next
Ensueing this date untill three years be fully Compleated and
Ended, In Consideration whereof the Said m"^ Starkey is to
give to the Complainant at the Expiration of the aforesaid
Time one heifer of two years old one Sow of one yeare old
with Corne and Clothes according to the Custome of the
Countrey
^. , , ^ His Ldps Said Attorney General! on
mr 1 homas Hatton his I. dps 1 , i i i > r i • i i i- • i
Attorney Generall plantiff I the behalf of hlS Ldp Suing tO be
Seigar Jacob Dirickson by , relieved touching a Bill of Seven hun-
Tohn Hatch Defendant J i i • i <- ^ r -r-
dred ninety and nve pounds ot lo-
bacco and Caske due from Thomas Warr to the defendant Dir-
ickson and assigned by the Said Derickson to Tlu)mas Greene
Esq Deceased his Ldps then Receiver towards Satisfaction of
Soe much of his Ldps Custome which Bill was accepted by the
Said m' Greene, in case the Said Warr did make paym' thereof
otherwise to be returned And the Defendants Said Attorney
alledging what he thought fitt in the Busieness, It is Ordered
that the Bill be deliv'd up to John Hatch the defendants
Attorney and die Seven Hundred ninety and five pounds of
Tobacco and Caske to be paid to his Lordship or his Said
Attorney Generall in Satisfaction of Soc much of the Customcs
The Complainant Sueth to have p. 426
Secretary piantiffe.skyper '. Satisfaction for the remainder of Cer-
jacob uerickson by John f faine Goods, to have becnc delivered
Mr Thomas llatton his l.dp
Secretary plantiffe, Skyper
Jacob Uerickson by John
Hatch his Attorney defendi j
him upon S' George's River by Christ-
248 Court and Testa^nentary Business, 1649-50.
Liber B. mas 1 65 1 at the price they might be bought for in Holland
according to the Defendants ingagem', Comeing by the
defendants account to thirty Seven Gillders and two Stivers,
And the defendants Attorney craveing a reference to the next
Court, upon perusall therefore of the accompt touching the
Said Goods, It is ordered that the defend' or his Attorny Shall
pay to the Complainant five hundred pounds of Tobacco and
Caske in Liew of the Goods in question unless Cause be
Shewed to the contrary by the next Court.
Cornelius Canada pite 1 Hie plantiffe Sucs to be relieved
Thomas Gerrard E?q deft/ agaiust the defendant for a house and
Divers other Goods to have been allowed him in consideration
of his time of Service appearing by Covenant upon Record
and Damages, The Defendant denyes that the plantiffe did
performe Conditions but deserted his Service by running away
as also that he much Damnified the defendant, by purloyning
his Goods upon his goeing away to a great Value as he can
make appeare by proofe, which he conceived to have been
Recorded but not finding the Same upon Record according to
his Expectation, Craveth a respite untill the next Court, which
is Ordered accordingly, and that the defendant may in the
meane time Examine what VVittnesses he Shall think fitt.
To the Honourable the Governour & Councell of Maryland
The Petition of Robert Brooke Esq.
Humbly Sheweth.
That he being Estated by Warrant in two thousand Acres
of Land on the North Side of Putuxent River over against his
first plantacon upon Mocon of the Governour did Exchange
one Thousand of it, for a thousand at Mattapania, but the
Indians being presently after there Seated by order of the
Governour, this Petitioner Complayned thereof to the Gov-
P- '*^^ ernour that it would be to the Loss of his land whereupon the
Governour willed this Petidoner to take up one thousand Acres
for it on the South Side of the river which your Petition'
accordingly did & long Since tooke up the two next Necks,
below the Indian Towne and Marked the Said land, but about
October last Willm Stevans and Thomas, Thomas going up
the River to take up Land and having a mind to the Said
Necks, yo' Petitioner acquainted them that he had long before
taken up that land and marked it, Whereupon Thomas,
Thomas would have bought it of yo' Petition' and offered him
Cattell for it which your Petitioner refusing, they went Cun-
ningly to worke and laboured to defraud your Pedtioner
thereof by a Warrant that would noe wayes Extend to it.
William Stevens procured a Warr' for 400 Acres of Land
Court and Testamentary Business, 1649-50. 249
next and adjoyning to John Ashcombs Land, and Tho: Thomas Liber
had another Warrant for 400 Acres of land adjoyning to
Willm Stephens his land, And when the Surveyor lately
came up the River, they Carry him at a Great distance from
John Ashcombes land, and gett him to Survey the two NeclvS
that your Petitioner had formerly taken upp, yo' Petitioner
therefore prayeth that this fraudulent Survey be pronounced
Null and Void and not admitted upon Record, And that your
Petitioner be Estated in those two Necks according to Law and
Conscience. And your Petitioner .Shall Ever pray &c.
The 2i''' of March. Received by me Cap' William Stone of
Henry Potter the full of one hundred pounds Tob: in Caske
and is in full of all Bills and Accompts whatsoever I Say reced
p me William Stone
Henry Potter his Marke for Cattell and hogs viz. Cropt on
the left Kare and a Slitt in the Crop, And the right Eare Slitt
Henry Potter one Cowe which he bought; under-
270 oc 1 ^3— j^^^g^ Qj^ j,j^g jgj-j. gj^j.^ j^i^ J Cropt on the right
which he giveth to his wife together with her increase and
recordeth accordingly.
Wittness his Mark X
Test Thomas Hatton.
Walter Waterlin his Marke for Cattell and Hogs, viz The p* *-^
right Eare Cropt and two Slitts in the Crop. And the left Eare
Slitt Down, and the Upper part taken away.
Robert Smith his Marke for Cattell and hogs viz. A Slitt on
both Sides Each Eare in the Manner of a flower de Luce not
Cutt out
John Sturman his Marke for Cattell and hogs viz. Cropt on
the Right Eare and two Slitts in the Crop. And the left Eare
Slitt down and the under half cutt off.
At a Court held at S' INLaries
the 24''' day of March 1652
Present as the day before
John Sturman Attorney ) , '^"^6 defendant now appearing by his
of zepiL-inia SiiiUh pitc \ Attorney accorduig to an order ot the 23""
Henry «ishop defend. | of November last and acknowledging the
debt upon a Bill dated the 19''' day of March 1649 wherein he
the ciefendant was bound to Zephania Smith for payment of
250 Court and Testamentary Business, 1649-50.
3. 360' of Tob: & Caske the tenth of November then
Bill cancelled ^ . , i i o ■ r ^- r .1
next with reasonable batistaction ior non paym' and
Damages, It is ordered that the defendant Shall pay to the
plantiffe four hundred and fifty pounds of Tobacco and Caske
in full Satisfaction of the Said Debt & Damages And the
Sheriffe to be discharged as touching the defendants non
appearance mentioned in the Said former order
Execut Sup -pson ad Satisfaciend 1 1° Augusti 1653
Robert Smith demandeth of Humfry Atwicks the Adminis-
trator of William Stephenson deceased two hundred pounds of
Tob: & Caske as due to him out of the Estate of the Said
decedent
Upon Motion made this day by m' Henry Coursey on the
behalf of Cap' William Hawley and upon Relation to the Court
by Cap' Thomas Cornwallyes and m'' Robert Clarke his Ldps
Surveyor Generall of the Tides of m' Jerome Hawley deceased
and upon perusall of the Deeds upon Record of m' James
Hawley, whereupon the Said Cap' Hawley Claims The Court
conceiving that m' Jerome Hawley had right to Six thousand
Acres and upwards which is not yet taken up ; It is thought fitt
with the Governours approbation that for the present a War-
rant be Granted to the Said Cap' Hawley for Six thousand
29 Acres of Land onely where he now Liveth not formerly taken
up. And that upon Survey thereof a Grantor Grant be passed
to him or his Assignes for the Same towards Satisfaction of
the Debt assigned to him the Said Cap' Hawley by the Said
m' James Hawley.
Robert r.rooke Esq pit ) The CoiTiplt Suit being for 637' Tob:
capt William Mitchell def. ] & Caske W='' he claimed to be due to
him from the defendant upon account and that def' had prom-
ised payment but now refused -pnt p Petition, And the defen-
dant denying the Acco' and promise of payment. And the
plantiff wanting his proofes desires respite. It is ordered that
the hearing be respited till the next Court, And the plantiffe is
then to produce his proofes
To the Honble the Governour & Councell of
Maryland.
The Petition of Robert Brooke Esq
Humbly Sheweth.
_ That he having Supplyed Cap' W"" Mitchells people with
divers Goods for Necessary Clothing by the Entreaty and
appointment of m"^ Henshame, m"^ Geary and Richard Hoskins
(as by a particular annexed will appearc) the Said Cap' William
Court and Testamentary Btisiness, 1649-50. 251
INIitchell promised your petition'' payment but unmindfull of his Liber b.
promise and regardless of his ingagem' he hath Still Neglected
and refused paym' which makes your Petitioner to move the
Court for releif and Justice and he Shall ever [jray &c.
^ . , , , These two Causes Comeing this day to
William Smith plte 1 , , , -.Tr-n- <- • i ■ i /-
c?pt wm Mitchell deft | DC heard William Smith in the Cause
and capt Mitchell pit 1 j" wherein he was Complt Sueing to be re-
Willm bmith deft /J,. j^ ,. r-,- r^ ,'^ j ,
leived touching Certaine Goods and other
things referred to a further Tryall by an order of Court of the
23"' of Aprill last And Cap' Mitchell defendant in that Suit
denying he had any of the Said Smithes Goods and Craveing
to be releived against that order and prosecution thereupon as
illegall. And the Said Cap' Mitchell in the Cause wherein
he was plte in an Action of the Cause Claiming the Said Smith
as his Servant, and Sueing for divers Goods detained from him
by the Said Smith and other Damages to a Great Value Ex-
pressed in the Said Cap' Mitchells Declaration thereof, To
which Claime of Service Smith denying any Service to be due
and pleading the Said Order of of the 23"' of Aprill last, and '^■'*^°
denying also to have any Goods of the Said Mitchells. And
proofes being tendred on both Sides in both Causes, The
Court taking the Busieness into Serious consideration, and not
thinking fitt to Meddle with the reversing of the Order of the
23"" of Aprill as being more proper for an Assembly if there
be Cause ; And the Matter of these Suites having long de-
pended, and Many Depositions taken therein on both Sides
contradicting one the other as is conceived, It is therefore
thought fitt and accordingly ordered that all differences de-
pending in this Court betwixt the Said parties be referred to
the determinacon of the next Generall Assembly to be held for
this Province And that all Such Tobaccos or other Goods taken
in Execution upon the Said Order of the 23''' of April last or
the price payable for them Shall rest in the hands of those
persons where now they remaine till it Shall be determined by
the Said Assembly (upon the hearing of the Cause) how the
Same Shall be disposed of.
Cap' William Mitchell plte WiHm Smith defend' Cap' Wil-
liam Mitchell of S' Thomas in the Hundred of S' Maries in the
County of S' Maries in the Province of Maryland demandeth
of WiHin Smith of the S'' County and Province in an Action of
the Case for that he the Said WiHm Smith being Servant to
the Said William Mitchell hath for Many Months last past ab-
sented himself from his Service and Still doth absent himself,
although the Said William hath in open Court demanded his
return by meanes whereof your Petitioner hath been damni-
252 Court and Testatncniary Btisiness, 1649-50.
r K. fied to the Value of Twelve hundred pounds of Tobacco and
Caske and therefore, and for two Shifting Chests, Servants
Clothes knives a Brass Skillett and other Goods of the Said
William Mitchell to the Value of Six hundred pounds of To-
bacco and Caske which the Said William Smith detaineth and
for the Remainder of the Said William Smiths Service due by
the Custome of this Province the Said William Mitchell brings
his Action.
William Mitchell
The Deposition of Vincent Atcheson Sworne and
Examined in open Court this 22''' March 1652 Sayth
43, That being at Debtford comeing for these parts of America
I this Deponent met with William Smith now of this Province
and asked the Said Smith whether he was bound to Virg^
further asking the Said Smith whether he was Cap' Mitchells
Servant to which he answered yes. further asking the Said
Smith for how long time he the Said Smith Answered for four
Years further Saying that he the Said Smith was to fish or
fowle or be a bayly for Husbandry or do any other worke in
the Countrey, further this deponent maketh oath that the Said
Smith Sold aboard the Ship Canvis Suites and Red Cotten
Suites and Red knitt Caps for beer and biskett Cakes which
Said Goods was Shipped in the Name of Cap' William Mitchell
as the Said Smith did report, further this deponent Sayth that
he Saw the Said Smith take out of the Chest which was Shipt
as afore in the Name of Cap' Mitchell three Dozen of Trade-
ing knives, the Said Smith telling this Deponent that he
Carried them ashore to get Victualls. And further Sayth not.
Tho Hatton
The Deposition of Thomas Gerrard Esq Sworne
and Examined this 22''' March 1652.
Sayth, Being in the Governours house at a Court time as he
conceives, with the Governour and Some of the Councell upon
reading of a Letter produced by William Smith to the Gov-
ernour, then concerning a Suite depending betwixt the Said
Smith and Cap' William Mitchell, the Said Mitchell asking the
Said Smith whether there was not a Cullattorall Bargaine or to
that purpose, after the Said Smiths Comeing to London to
which question the Said Smith replyed that there was And
that he was to Serve die Said Mitchell four yeares in the
Manner of Bayly to looke after the Said Mitchells Husbandry,
or to that effect or to fish or fowle or kill Deare for the Said
Mitchell further the Said Smith Replyed that Notwithstanding
the Cullattorall Bargaine at London that the Said Cap' Mitchell
•13- alter his arival here did turne die Said Smith out of his house,
Court ami Testamoitary Business, 1649-50. 253
biding him go and provide for himself, many other passages Liber b.
there were between them which this Deponent doth not now
remember
Jurat Coram me Thomas Hatton
William Smith taxing Cap' Price in open Court, That aboard
m' Husbands Ship he Said that the Suit depending betwixt
Cap' Mitchell and the Said Smith Should never have an End,
The Said W™ Smith now acknowledgeth that he hath done
Cap' Price wrong and Craveth his pardon,
To the Honble the Governo' & Councell for the
Province of Maryland.
The Humble Complaint of Thomas Cornwallis Esq
against Thomas Sturman & John Sturman Coopers
& William Hardwich Taylor.
Sheweth.
That Whereas it is well knowne that the Complt was one of
the Chiefe and first Adventurers for the planting of this Prov-
ince, and therein besides the danger and hazard of his Life and
health, Exhausted a Great part of his Estate not only in the
first Expedition, but alsoe in yearly Supplyes of Servants and
Goods for the Support of himself and this then Infant Collony
by which and Gods Blessing upon his Endeavours, he had
acquired a Settled a Comfortable Subsistance haveing a Com-
petent Dwelling house, furnished with plate Linnen hangings
beding, brass, pewter and all manner of Houshold Stuff worth
at the least a thousand pounds, about twenty Servants, at least
a hundred Neat Cattell a Great Stock of Swine and Goats
Some Sheep and horses, a new pinnace about twenty Tunn
well rigged and fitted besides a New Shallop and other Small
boates, with divers debts for Goods Sold to the quantity of
neare A Hundred thousand weight of Tobacco, all which at
his going for England in or about Aprill 1644 he left and
deposited in the Care and Custodyof his Attorney Cuthbert
ffenwick Gent, who in or about ffebruary following comeing
from the Ship of Richard Ingle Marriner was as Soon as he p. 433
Came ashore. Treacherously and illegally Surprized by the
Said John Sturman and others, and Carryed prisoner aboard
the Said Ingles Ship, and there detained and Compelled to
deliver the Complts house, and the rest of the premisses into
the possession of Divers ill disposed persons whereof the Said
Tho: and John Sturman and W'" Hardwich were three of the
Chiefe, who being Soe unlawfully possest of the Said house,
and the premisses plundcrt:d and Carryed away all things in
It, inillcd downe and burnt the ijales about it, killed and
254 Court and Testamentary Bnsiness, 1649-50.
Liber li. destroyed all the Swine and Goates, and killed or mismarked
almost all the Cattle, tooke or dispersed all the Servants,
Carryed away a Great quantity of Sawn Boards from the pitts,
and ript up Some floors of the house, And having by these
Violent and unlawfull Courses, forst away my Said Attorney,
the Said Thomas and John Sturman possest themselves of the
Complts house as theire owne dwelt in it Soe long as they
please and at their departing tooke the locks from the doors,
and the Glass from the windowes, and in fine ruined his whole
Estate to the damage of the Complt at least two or three
thousand pounds, for which he humbly Craves the Justice of
this Court against the Said Tho: and John Sturman and WiHm
Hardwich towards the repaires of his Great Damage and loss
wherein they have been no Small Shares, and he Shall Ever
pray &c.
P- 434 Thomas Cornwalleyes Esq pit 1 The Complt SueS tO be
Tho:& John Sturman & wm Hardwich defis I relieved in Equity against
the defend' for plundering and Carrying away of his Goods
and houshold Stuff about the yeare 1645 and other Great
Damage pnt p petition to the Value of two or three thousand
pounds Sterling, To which Charge the defendants pleading
the Statute of Limitation, and the Same being Doubtfully un-
derstood It is ordered by consent on both Sides that the hear-
ing be respited till the next Generall Assembly to be held for
this Province and the defendant Hardwich putting in Security
to appeare and Answer at the Said Assembly to the plan-
tiffes Suit
Thomas Cornwaiiis Esq pit ) Upon the Reading of an order made
Thomas & jno Sturman deft ) j,-, j^jg Cause the 20''' January last where-
by the hearing was respited till this Court, It is now by con-
sent on both Sides ordered that the hearing be further respited
till the Next Generall Assembly and both partyes are then to
attend
Thomas Cornwaiiyes Esq pit ) The hearing of this Causc being by
John Sturman defendant f Order of the twentieth of January last
respited till this Court, It is Now ordered by consent of both
partyes that the hearing hereof be respited till the next Generall
Assembly and both partyes are then to attend.
John carington pif ^ The Complt Suit being for Come and
Mr Lawrence statkey \ Clothes according to the Custome of the
by nir ffcnwicke his Attory l-n • • /^-j ^- ri-.-
' rrovince m Consideration ot his time
Served his Master the defendant, It is ordered that the Complt
Court and Testamentary Business, 1649-50. 255
Shall for the present have his corne and one Shirt and as uber b
touching the rest of his Clothes and other things claimed p at
•p Petition It is ordered that the further hearing, as touching
them be respited till the next Court where the defend' may by
himself or Attorney make what further defence he Cann if he
think fitt and then the Court will proceed to give the plantiffe
releife if there be Cause.
The Deposition of m' Thomas Carpenter aged
47 yeares or thereabouts Sworne and Examined
in open Court, this 24"" March 1652.
Sayth.
That being present at S' Inegos house about the Eighteenth
of October last John Carrington did demand of M' Lawrence
Starkey his freedom to which m' Starkey answer'd that he was
not free untill Christmas then next or thereabouts to the best
of his knowledge, further Saying that if he did not make it
appeare before Christmas aforesaid that he the Said Carring-
ton was not free untill Christmas aforesaid, that then the
Said m' Starkey would Give the Said Carrington one hundred
& forty pounds of Tobacco or to that Efect, And further
Sayth not
Jurat
To the Honourable the Govern' & Councell of
the Province of Maryland, the Humble Petition
of John Carrington planter.
Humbly Sheweth p. 435
That your Petitioner being Newly free hath Severall times
demanded his corne and Clothes and an axe and a hoe from
m' Lawrence Starkey his last Master as alsoe one hundred and
forty pounds of Tobacco and Caske for his Service from the
tenth day of October Last past untill Christmas last, being due
to your Petitioner by contract made with the Said m' Starkey,
that although your Petitioners demands be Justly due by the
Custome of the Countrey and contract as aforesaid Yet the
Said m' Starkey doth absolutely refuse to make yo' petitioner
Satisfaction by meanes whereof your Petitioner is disabled in
putting himself in a way for the next years Crop to his very
Great Damage and hath been necessitated to Commence his
Suit for recovery thereof, and in the interim to remaine in an
unseded Condition to his Great Charge, yo' Pet' therefore
humbly prays that he may have a Judgment against the Said
m' Starkey for his three barrells of Corne and his clotheing,
axe, and hoe and the hundred and forty pounds of Tobacco and
Caske due for his Service as aboves'' together with Court
256 Court and Testamentary Busiitess, 1649-50.
Liber B. Charges and Such Damages as this Honble Court Shall award
for the prejudice he hath received by the non paym' thereof.
And yo' Petiticon' Shall Ever pray
,,„.,,,, ^ , Upon Reading of an Order
Mr ffrancis Brookes by I nlte 1 J • .1 • /- tn XT
capt wiiim Mitchell his Attorn ) ^ \ made m tliis Cause 25'° iNovem-
john uandy Defendant J ^^^ j^gj whereby the Complt was
directed to procure Some discharge or other note to Sadsfie
the Court what Tobaccos Colonell Nathaniell Littleton had
received either of him the Compk or the Defend' in Satisfac-
tion of the debt in the Said Order Mentioned or other direct
proofe of paym' And it being more made appeare unto this
Court on the Compltes behalf that the Complt had paid to the
Defendant in Bills accepted and to Colonell Lirieton (as
appeared by his Lres) 2810' of Tobacco and Caske Soe as
there remained only one hundred and ninety pounds of 'lob:
P-436 and Caske unpaid of the three thousand pounds of Tobacco
for Security of paym' whereof the Cattell in question were
Mortgaged or bound over to the defend' which one hundred
and Ninety the Complt was ready to pay, It is therefore upon
full hearing what could be alledged on either party now
Ordered that the Complt paying to the defend' the Said one
hundred and Ninety pounds of Tobacco and Caske he the Said
defend' is to deliver all the Cattell he received upon the Bill
of Mortgage with their Increase to the Complt at S' Inegos
ffort, and is alsoe to Secure the Said Complt from all Damage
he may happen to Sustaine by the defend" not paym' of the
Remainder of the Tobaccos payable to Colonell Lideton for
the Shallop. But in regard the def' had Some Cause as
appeared to the Court to question the paym" before mentioned
the whole Charges of Court in this Cause is Equally to be
borne and paid by both pardes in this Suite.
Capt William Mitchell pite 1 The Complt declaring against
Lt Nicholas GwytherSheriffe deft/ t^g def UpOU an Action of the
Case for that he the defend' being Sheriffe of S' Maries
County Served a Writt of Execucon upon his the pites Estate
granted by one who (as the pIte alledged) had no power to
grant the Same and before a former Execudon made out
against his pson was duely returned. And for that the Said
Sheriffe Contrary to the Law of England (as the pit alledged)
had Administred an Oath unto the Appraisers upon that
Execution for the true Appraism' of the Estate Executed,
which he had not power to doe, And had alsoe taken into his
possession a Wastcoate of the pltes W'' was not at all valued
or Executed to the Compltes great Damage as he pretended
To which the Sheriffe Answered that his proceedings in the
Cotirt and Testamentary Business, 1649-50. 257
Serving of the Execucon now questioned and which was granted Liber b
by L' Richard Banl<s then appointed one of the Com''' for the
Government here was according to the usuall Manner of
Serving the Hlce writts in this Province and not Contrary (Soe p- 437
farr as he knew) to the Lawes of England And that the Wast-
coat before menconed was delivered to him with one of the
pltes Children whom he tooke out of Charity to keep being
then left unprovided for by the plte (who was conceived to be
fledd out of the Province) and that he had been at Some
Charge in Clothes for the Said Child above the Value of the
wastcoat in question which was when he had the Same of very
Small inconsiderable Value Whereupon the Counsell now
present in Court viz m' Rob' Brooke, Cap' John Price, m'^ Job
Chandler and the Secretary not finding any Cause to Censure
the Said Sheriffe for any of the Matters now Charged against
him by the pit whose Complaint they conceived to be trouble-
some Vexatious and Impertinent Unanimously gave in theire
Votes for the acquitting of the Said Sherriffe touching the
Matters now Complaind against him, But" the Governour not
being Satisfied therein respited the Busieness till the next
Court.
24 Martij The Governour this day declared in open Court
that he had remitted Two Thousand pounds of Tobacco and
Caske Charged upon Cap' William Mitchell by an Order of
the last of June last for the offences in the Said Order Ex-
pressed.
Capt. wiiim Mitchell plte \ The hearing of this Cause is respited
Koljt Brooke Esq. Deft \ (-q the nCXt CoUrt.
William Jones aged 25'*' yeares Sworne & Examined the
2 2'*" day of march 1652 Sayeth
That about two yeares Since or Something more one Edward
Philpott wheelwright then Servant to Cap' Willm Mitchell (as
this deponent taketh it) haveing been at worke at the house of
Robert Brooke Esq. this Deponents Master upon Putuxent
River and being gone or U])on his Departure thence and
haveing put up divers Tooles in a Chest or box for that pur-
pose, which he had not Shewed to this Depon' or to any of
his Said Masters other Servants (Soe farr as he this Deponent
knowes) before they were Soe put up as this Deponents Master
Said he directed him, lie this depon' thereupon by his Said p. 438
Master's direction in the presence of Divers others opened the
Said Chest or box and Veiwing the Said 'I'ooles found amongst
them divers of this deponents Masters Carpenter Tooles which
this Deponent in the presence of his Said Master and others
258 Court a7id Testamentary Business, 1649-50.
Liber B. tooke out of the Said Chest, Leaving the rest and Nailing
them up as aforesaid was afterwards Sent to Mattapania
according to the Said Phillpotts Direction. And further Sayth
not.
Jurat die & Anno Sup" Diet Coram me Tho: Hatton
The Court riseing the Governour appointed the
next General! Court to be held the Seventh day
of June next
This Bill bindeth me John Nunne of Newtowne in
'■* ""^ the Province of Maryland planter to pay or Cause to
be paid unto Paul Sympson of Newtowne in the Province afore-
said gent his heires or Assignes the Sume of ffive hundred
thirty Eight pounds weight of Merchantable Tobacco and
Caske at or upon the tenth day of November next Ensueing
the date hereof at Some convenient place in Newtowne as
Wittness my hand this first day of June Anno Dni 1652
Tested by the mark of Robert Jones John Nunn
The mark of WiHm Stephenson. Anno 1653
At A Court held at S' Maries the lo'" of Aprill
1653. Present the Governo' & m' Job Chandler
mr John Haiiowes pit 1 Upon Motion made on the behalfe of
Lieuten. wm Lewis deft / the defendant and alsoe of the defendants
Letter to the Governor Informing him of a disastrous accident
befallen him by a bore, whereby he craveth reference till June
Court, and the Court being Sadsfied of the defendants Com-
plaint respits the Cause untill June Court and then he is
peremptorily to appeare by himself or Attorney, and then then
the Court will proceed to give the Complt reliefe if there be
Cause.
The Deposition of ffrancis Vanenden Sworne &
Examined the ii'*' day of April 1653 Sayeth
I hat upon an Execution Granted upon an order made
p-439 against Cap' William Mitchell of the 22"^ day of April 1652.
he this deponent gave order to the Sheriffe to take the body
of Cap' Mitchell for the Satisfaction of his debt further Saying
that he gave order to the Sheriffe to look that he this depo-
nent had Satisfaction, further Saying that he gave the Sheriffe
no order for the takeing out a Second Execution, and further
Sayth not. Jurat in open Court
Capi William Mitchell pit 1 The Complts Suit being to be relieved
Thomas Cole Defendant \ against the defendant for Certaine Dam-
age alledged to have beene by him Sustained by the defend-
Court and Testamentary Business, 1649-50. 259
ants running away from his Service at peace and that he the u\
defend' being thereupon taken in Execution by Vertue of a
Judgment of Court of the 22''' Day of Aprill 1652 at the Suit
of ffrancis Vanenden against the Now Complt was not ap-
praised according to his full time nor as he conceived for the
full Value, and Henry ffox now present in Court who was one
of the then Appraisers informed that there was a Mistake in
the time, and it alsoe Appearing by the Sheriffs note of Ap-
praisment that the def was not appraised according to his full
time which he was to Serve the Complt, Upon Consideration
whereof It appearing by the defend" own confession that he
had three Crops to Serve and that by the mistake aforesaid he
was appraised but as Servant for two Cropps, It is thereupon
ordered that the defendant enter into the Complts Service till
Such time as he Shall put in Security to the Complt for the
payment of Eight hundred pounds of Tobacco and Caske by
the last of November next upon which Security or other Satis-
faction Given, It is ordered that the defend' be for Ever here-
after discharged and acquitted of all claim of Service & other
the Matters now Complained of as aforesaid.
Henry ffoxe acknowledgeth a Judgm' in open Court to m"^
Thomas Hatton his Ldps Attorney Generall for paym' of Eight
hundred pounds of Tobacco and Caske to him the Said m"^ p. -i
Hatton in part of two thousand pounds of Tobacco and Caske
the remainder of a fine payable by Cap' W"" Mitchell to his
Ldp by Vertue of an order of the Thirtieth day of June last,
which Said Eight hundred pounds of Tob° and Cask is in dis-
charge of Soe much by order of this day adjudged to be paid
by Thomas Cole to the Said Cap' Mitchell and for repayment
hereof together with the Charges of that Suit, the Said ffox
accepteth of the s'' Cole for his Debtor and the Said Cole is
hereupon absolutely for Ever hereafter discharged and ac-
quitted against the Said Cap' Mitchell from all claims of
Service and other the Matters Complained for by that order.
Whereas m' Thomas Hatton his Ldps Secretary of this
Province of Maryland haveing beene at Great Charges in the
payment of Tobaccos for and Entertainm' of his Sister in Law
& her Children the late wife and Children of m' Richard
Hatton deceased. Brother to the Said Thomas Hatton Since
theire arrivall in this Province, and otherwise touching their
transportation. We Lieu' Richard Banks and Margarett his
wife Late widdow and relict of the Said Richard Hatton, in
Consideration that he the Said Thomas Hatton have and doe
release and acquitt us the Said Richard Banks and his wife
of all debts and Demand touching the Charges aforesaid and
26o Court and Testamentary Btishiess, 1649-50.
otherwise Touching the Estate of the Said Richard Hatton,
doe fully and absolutely assigne and make over to the Said m'
Thomas Hatton his heirs and assignes for Ever all right and
Title of Land within this Province any wayes due to the Said
Margarett for the transportacon of her Self and her Children
and Servant into this Province. Wittness our hands this first
day of December Anno Domini 1652. Richard Bankes
In the presence of Margaret Bankes
Henry Coursey
M' Thomas Hatton his Ldps Secretary of this
40 Apnh) .653. Province demandeth 302' Tob: & Caske due to
him upon Judgment for ffees from John Nun in his life time,
and now Since his decease being leviable out of his estate.
William Stone Esq Governour demandeth out of the
7° Juni] £gj.j^tg Qf JqI^j^ Nunn deceased 596' Tob: & Caske -p Bill
& Accompt and as due to him by Assignem' from m' Phillip
Land 220' Tob: out of the Said Estate.
Luke Gardiner demandeth 550' Tob: & Caske as due to him
out of the Estate of John Nunne Deceased.
John Baily his niarke for Cattell and hogs viz. Both
" '^ Eares Slitt and the upper half of the right Eare taken
off and the under half of the left.
II Aug:
William Cole his marke for Cattell and hogs ; flower
de luced on the left Eare and underkeeled on the right.
Whereas I Job Chandler of the Province of Maryland Gent
did about Aprill last for a Valuable consideration then agreed
upon and Since by me received Sell & deliver unto m' Thomas
Hatton Secretary of the Said Province two Cowes branded in
each home w'ith F G This present writing Wittnesseth that I
doe hereby at the request of the Said m' Hatton renewe and
Confirme the Sale and delivery of the Said two Cowes as
aforesaid together with theire increase Since that time and for
the future to the Said m' Hatton for and to the Joynt use and
bchoofe of Robert Hatton Son of the Said Thomas Hatton and
William Hatton Nephew of the Said Thomas now liveing with
him their Executors, Administ'' and assignes or in Such other
Manner and forme or to Such other use or uses as he the Said
Thomas Hatton Shall at any time by writing under his hand to be
Recorded in the Secretaryes office of this Province before his
Death, think fitt with Warranty against all Just claimes Witt-
ness my hand this last day of August Anno Dni 1653
Job: Chandler
Court atid Testamentary Business, 1649-50. 261
All ace" and reckonings are discharg'd be- uber u.
In the presence of] ^ . ^ r i t ^^ o ^ i i o
Henry Coursey [ twixt m' Hatton & me to the day & yeare
John Metcalfe [ abovcs'' being the last of August 1653.
*"" P '' ^ Job Chandler
Wittness John Metcalfe Tho: Hatton
This present writing Wittnesseth that I Lieu' William Lewis p-
of the Province of Maryland for a Valuable consideration
already received doe bargaine Sell and Deliver to m' Thomas
Hatton Secretary of the Said Province one red Heifer with her
c'alfe now in his possession by Vertue of a former Sale and
Delivery by me to him which I doe hereby confirme as afore-
said with Warranty against all Just claimes. Wittness my
hand this 23"* day of August 1653.
William Lewes
In the presence of
Will"- Hatton
De Anno 1653
This Bill bindeth me John Nunne my heirs Executors Adm"
& Assignes to pay or cause well & truely to be paid unto
Lieu' Richard Banks his heires, Ex" Adm"^^' or Assignes the full
and Just Sume of one Thousand two hundred and Thirty
pounds of good Sound Merchantable leafe Tob: & Caske to
be paid unto the Said Lieu' Richard Banks or his Assignes at
or upon the tenth day of October next Ensueing the date
hereof at the now dwelling house of the aforesaid John Nunne
at one Entire payment. Wittness my hand this Second day of
may 1652
Teste Edmund Warmell. John Nun
The above named Richard Banks maketh oath that the abov-
said John Nun did not at any time before his death pay unto
this deponent the 1230' Tob: & Caske above mentioned nor is
the Same or any part thereof as yet any wayes Satisfied or
paid to him this deponent And further Sayth not.
Jurat 24 April 1653 coram me. Tho: Hatton
L' Richard Banks demandeth 1230' Tob: & Caske
''" out of the Estate of John Nunn deceased due by Bill as
abovcsaid
Robert Jones Servant to John Nunn deceased demandeth his
Clothes &c according to the Custome &c out of the decedents
Estate
262 Court and Testamentary Business, 1649-50.
iber B. March the 2. 1649.
This Bill bindeth me John Nunn my heirs Executors Admis-
trators or Assignes to pay or Cause to be paid unto Ralph
Beane his heirs or Assignes the Just Sume of one thousand
p-443 four hundred Seventy and Six pounds weight of Good Mer-
chantable leafe Tobacco with Caske to be paid unto the Said
Ralph Beane at or upon the 10"' day of g*"" next Ensueing the
date hereof, In Wittness whereof I have hereunto Sett my
hand the day and yeare above written. —
John Nunn
Wittness by Indors paid of this Bill 14S Neate Tob:
Robert Robines.
This Bill bindeth me Phillip Anther and John Nunn we my
heires and assignes to pay or cause to be paid unto Walter
Beane or his assignes the Just Sume of two thousand pounds
weight of good and Sound Merchantable Tobacco with Caske
Containing to be paid upon the tenth of October next ensueing
the date hereof which will in the yeare of our Lord 1650 and
has head me Sett my hand this present twentieth of ffebruary
1649 in the yeare of our Lord.
Wittness. the mark of
Richard Bralley Phillip X Anther
Tho: Bushel] John Nunn
Aprill the i anno 165 1. —
This Bill bindeth me John Nunne my heirs or Assigns to
pay or Cause to be paid unto John Wade Chirurgeon or his
assignes the full and Just Sume of Eight hundred and forty
pounds of Good Sound merchantable leafe Tobacco with Caske
the which Tobacco I bind my Self or my assignes to pay at or
upon the tenth of November next ensueing the date and yeare
above writteti
Testis John Nunn
W-" Parfitt.
I John Wade doe assigne all my right & Title of this Bill to
m' Walter Beane. Wittness my hand
John Wade
I A rii— Weaker Beane the Administrator demandeth the
Severall Sumes due to him out of Nuns Estate by the
3 Severall Bills above written.
Court and Testamentary Business, 1649-50. 263
ii"" of Aprill 1652. John Bailyes Account Liber b.
due Out of John Nunn's Estate of which he
Maketh demand
for one Sheet & two Shirts 160 p- 444
for one Shirt & one wastcoat 1
for his man Ro: Jones — | 080
assigned over by Will
Marshall for Joh
to pay me
f Will I
n Nunn v
240
Sume is 340
Item for 15 dayes worke in Strikeing Tobacco and other
occasions about the decedents Estate for which Walter Beane
promised Satisfaction. — 300
John Baily
This Bill binds me John Nunn of Newtowne Hundred in
Maryland to pay or cause to be paid to Robert Duglas of
Wichocomoco one hundred pounds of Tob: in the tenth of
November in the yeare 1651. Wittness my hand to this 6"' of
ffebruary 1650.
John Nunn
Wittness
Walter W Gests Marke
I the within Named Robert Duglas doe assigne over all my
right Title and Interest of this within Mentioned unto Cap'
John Price, as Wittness my hand this tenth day of ffebruary
1650 the marke of
Testis. Robert X Duglas
Miles Cooke
Richard Banks
Cap' John Price demandeth the 100' Tob out of Nunns
Estate due by the Bill and assignm' above written
This Bill bindeth me John Nunn my heirs Executors Admin-
istrators or Assignes to pay or Cause to be paid unto John
Thimbleby his heirs or assigns the full and Just Sume of two
hundred and twenty pounds of Good Sound Merchantable
Leafe Tobacco and Caskc due for to be paid from me the Said
Nunne unto the Said John Thimbleby upon the tenth day of
November now next Ensueing and in the true performance
264 Court and Testamentary Btisiness, 1649-50.
Liber B. hcrcof I the Said John Nunn have hereunto put my hand this
present 15"' of May in the yeare of our Lord 1652.
John Nunn
Teste H B Henry Bishop his mark
Robert Sheld his marke
John Thimbleby demandeth the 220' Tob: & Caske
40 April ^^^ ^y ^^^ gjjj above written out of the Estate of John
Nunn Deceased
p. 445 This Bill bindeth me John Nunn my heirs Executors Admin-
istrators and assignes to pay or Cause to be paid unto John
Pille his heires, Executors, Administrators or Assigns the full
Sume of twelve hundred and fifty pounds of good Sound Mer-
chantable leafe Tobacco and Caske to be paid at my own house
the tenth of November next Ensueing the date hereof, for the
true performance hereof, I doe bind over and have delivered
unto the aforesaid John Pile my two Cowes the one called by the
Name of Cherry and the other called young 1 ugg both cropt
on the right Eare and a hole in it and the left Eare overkeeled
and underkeeld. In Wittness hereunto I have Sett my hand
the 2 of ffebruary 1652. John Nunn
Test
John X Medley 1 4° Aprili. m"^ Pile demandeth the
his mark : — J Debts above mentioned out of Nunns Estate
This Bill bindeth me John Nunn my heires Executors Admin-
istrators or Assignes to pay or Cause to be paid unto John
Medley his heirs Executors, Administrators or Certaine
Attorney the full and Just Sume of five hundred and fifty five
pounds of Good Sound Merchantable leafe Tobacco and
Caske due for to be paid from me the Said John Nunn unto
the Said John Medley upon the tenth day of Novemb' now
next Ensueing in the yeare of our Lord God 1650 and in the
true performance hereof I the Said John Nunn hath hereunto
put my hand this the twelfth day of ffebruary in the y: of our
Lord 1649 John Nunn
Test
John Thimbleby
ffebruary the 1 2. 1 649
This Bill bindeth me Phillip Allder and John Nunn our heirs
Executors, Administrators or Assignes to pay or Cause to be
paid unto John Medley his heirs Executors Administ" or Cer-
tain Attorney the full and Just Sume of Sixe'^ hundred pounds
of Good Sound Merchantable leafe Tobacco and Caske due for
Court and Testamentary Business, 1650-53. 265
to be paid from us Phillip Allder and John Nunne unto the i.iber i
Said John Medley upon the tenth day of November now next
Ensueing in the Yeare of our Lord God 161 5 and in the true
performance hereof We have hereunto put our hands the day p. 44G
and yeare above written.
Teste Phillip Allder P his Marke
John Thimbellby John Nunne
4° April John Medley demandeth out of Nunns Estate the
Severall Sumes mentioned in the 2 Severall Bills above written
4° April : m' Phillip Land and Henry ffox demand 220' Tob:
& Caske out of the Estate of John Nunn deceased being the
Remainder of a greater Sume due by Bill
4 April M"^ Paul Simpson demandeth 538' Tob: & Caske
due to him out of the Estate of John Nunn deceased
I doe acknowledge my Self to pay unto John Dandy four
hundred & thirty two pounds of Good Tobacco and Caske for
fixing of Armes upon all Demands as Wittness my hand
Walter Peaks
Testis. f Execu: against the body ad Satisfa: the 19"*
Edward Packer. •< may 1653 according to the order of Assembly
( in that behalfe
Memorandum that 1 Richard Spanne doe by these p'sence
acknowledge to have Given unto John Shurtcliffs youngest
Child one Cowe calfe Cropt on both Eares and Slitt in die
Right being Coloured black pyede with a Starr in the fore-
head, but if the Said Child doe Chance to dye before it Come
to age then John .Shurtcliffe his wife is to have the Said Calfe
and his increase for Ever as Wittness my hand the two and
twenty day of January Anno Dni 1651
Wittness the Marke of
Will'" Evans Richard x Spanne
Charles Maynard
Aprill 16''' 1653. I Cap' John 1 lallowes doe hereby ac<]uitt
and discharge Thomas Baker of and from one Bill of Six hun-
dred and eighty pounds of Tobacco with Caske p'sents due
Wittness my hand
John llallowes
Teste Rich: Browne
Thomas Bennett
266 Court and Testamentary Business, 1650-53.
Liber IS. 7°Juniji653. Robert Brooke Esq acknowledgeth a Judg-
ment to nV Phillip Land and Henry ffox for the true payment
p. 447 of two thousand and two hundred pounds of Tobacco and
Caske to them the Said Land and ffox their Executors or As-
signes upon the tenth day of October next, In default of pay-
ment where of by that time, Execution is then to pass without
further Suit or order, And this in full of all debts and Demands
to this present day, Wittness his the Said m' Brooke's hand
the day and yeare abovesaid
Robert Brooke
Recognit coram me Tho: Hatton
Execut inde ad Satisfaciend ult oct 1653
18 Januarij 1653. Execut ag' his body ad Satifaciend 1
Sup return prior j
Memorandum that upon the fourteenth day of August 1653
Cap' John Price and Thomas Hatton Gent his Ldps Secretary
of this Province of Maryland having pfected all our accompts
whatsoever I the Said Cap' John Price doe acquitt and dis-
charge the Said m' Hatton of all debts or demands either by
Accompt or otherwise from the beginning of the world unto
the day and year above written. Wittness my hand
the marke of Cap'
In the presence of John I O Price
Henry Coursey
Henry Adams.
Know all men by these presents that I Thomas Gerard
Gent doe acknowledge my Self to be indebted unto William
Mitchell Esq four Cowes or heifers all with calfe or Calves by
their Sides all which Cowes or heifers as aforesaid are to be
delivered upon demand, after the Said William Mitchell Shall
p. 448 returne from England in Manner following viz' The aforesaid
Cattell are to be all of m' Gerrards own breed or Stock and to
be putt into m' Gerrards Penn Six Cowes and Six heifers out
of which the Said W'illiam Mitchell is to Chuse two at his Elec-
tion and the Said Thomas Gerrard is to deliver other two at
his Election, And in case the Said William Mitchell dye or
returne not the next yeare the Said Thomas Gerrard is to
deliver for the use of the Said William Mitchells Children
Such one Cowe as any -pson Authorized for them Shall Chuse
upon Demand, But in noe Case above four Cowes are to be
paid as Wittness my hand this 29" Aprill 1652.
Testis Tho: Gerrard
William Bretton
Roger Isham
Courl and Testamentary Business, 1650-53. 267
Know all men by these presents that I William Mitchell of Liber i
the Province of Maryland Esq Have Constituted, Authorized
deputed and appointed and by these presents doe constitute,
Authorize Depute and apponte my loveing ffriencls William
Johnson and Henry ffoxe my true and Lawfull Attorneys to
all intents and purposes, in all, Busieness relateing either to
my Self or my children or any Estate belonging to me or
them, within the Province of Maryland, hereby ratifying and
confirming whatsoever my Said Attorneys Joyntly or Severally
Shall doe in the premisses as fully to all intents and purposes
as if the Same had been done by my Self. In Wittness whereof
I have hereunto Sett my hand this five and twentieth day of
Aprill 1653
Signed and Delivered
In the presence of William Mitchell
Mathew Stone
Thomas Stone
Memorandum that it is agreed between Thomas Cornwalleys
Esq of the one part and Cornelius Canada Brickmaker on the
other part that the Said Cornelius Canada for and in consider-
ation of three hundred acres of Land lying on the South Side
of Putuxant River next adjoyning to the Land that belonged
to Nicholas Harvey to be conveyed and Setded by the Said
Thomas Cornwalleys on the Said Cornelius Canada his heirs
and assignes for Ever, Shall deliver or cause to be delivered
unto the Said Thomas Cornwalleys or his Assigns Thirty Six p. 449
Thousand of Good Sound well Burn'd Bricks, Whereof twelve
thousand to be delivered at Sometime before the feast of the
Nativity of S' John Baptist next Ensueing, to be made where
the Said Thomas Cornwallis or his assignes Shall appoint in
Patomoke or Putuxcnt River he or they assisting the Said
Cornelius with two Servants for the time he Shall be make-
ing and burning them, and the other twenty four Thousand
to be delivered at Some time before the twenty fourth of
June following which Shall be in the year of our Lord
1654 at the plantation of the S'' Cornelius upon the Said
Land near the water Side, where they may conveniently be
fetched away by Boate, and to pay or Cause to be paid
yearely as a quite Rent unto the Said Thomas Cornwalleys
or his assignes at the feast of the Nativity of our Saviour
one Barrel! Containing five Bushells of Good Sound Indian
Corne, or in Lieu thereof twenty Shillings Sterling mony,
alwayes Provided that if the Said Thomas Cornwallis or his
Assignes Shall desire the Said twenty four thousand Bricks to
made and burned upon his or their land within the precincts
before mencon'd, that Certifying the Said Cornelius of it,
268 Court and Testamentary Btiszness, 1650-53.
Liber B. before the ffeast of the Nativity of our Saviour next before and
allowing the Said Cornelius Such help as fore Speciefied with
Convenient transportation to and from the Said place, when
his work is ffinished, The Said Cornelius Shall be ready at the
time convenient for Brickmaking to go to the place appointed
and there to finish the Said worke, In Wittness whereof both
the Said partyes have hereunto Sett their hands, untill further
and fuller conveyances can be made Dated the 23 of November
1652.
Signed by both the Said — ) Thomas Cornwalleys
partyes in the presence of us j mark
Marke Phepo Cornelius X Canada
Richard Hotchkyes
P- 45° At a Court Held at S' Maries the Seventh
day of June Anno Domini 1653
Present Cap' William Stone Esq Govern' Thomas Gerrard
Esq Cap' John Price m' Thomas Hatton m'
Richard Preston
M'' Phillip Land maketh Oath this Seventh of June in Open
Court Sayeth
That he hearing that m"^ ffrancis Brookes had bought of Cap'
William Mitchell M" Ann Boulton his the Said m' Brookes
now wife, this Deponent asked the Said Brooks what he was
to pay for her who answered he was to pay two Cowes or
words to that purpose and further Sayth not
Mr ffrancis Brookes et ux pit ^ The Complt BrOokcS and his wife
Capt wiiim Mitchell by Henry | theire Suit being for fourteen pound
crp'^wiuirMit^h^ifb; H"enry [ Money Sterling the Remainder of
ffox his Attorney piantiffe ! twenty pounds Sterling being a years
r,,r ffrancis Brooks defend. J ^^^^^^ claimed tO be due from Cap'
Mitchell to Brooks his wife according to Agreement Specified
in Major Wildmas Certifficate or Lre as alsoe for Seaven hun-
dred and Eighty pounds of Tobacco and Caske by Accompt,
with Damages, And the Complt Cap' Mitchell by his Attorney.
Sueing for two Cowes (which as is alledged m' Brooks agreed
to pay him to free his now wife from Service upon their Mar-
riage) with damages. And the defend'^ in both Suits denying
the Complts demand. And m' Brookes produceing major
Wildmans Said Lre or Certiff' to prove his & his wives demand,
and Cap" Mitchells Attorny pduceing the Deposition of m'
Phillip Land for his proofe, It is Ordered in regard of Cap'
Mitchells absence that the further hearing of this Cause be
respited till the next Court to be held for this province after
Christmas next unless Cap' Mitchells arrivall here be Sooner,
Court and Testamentary Business, 1650-53. 269
and then till the next Court after Such his arrivall, And that Liber a
his the Said Cap' Mitchells Attorney give Sufficient Security
in the Value of 2500" Tob. & Caske to be Answerable to the
Order of Court upon the hearing, And in default of Such p. 451
Security to be given and Entred upon Record, by the first day
of the next month an Attachment is to issue out against Cap'
Mitchells Estate to the Value of 2500' Tob: and Caske to be
answerable upon the hearing as aforesaid (if the Complt ni'
Brooks Shall desire the Same) And both parties may in the
meane time provide theire proofes for the better Clearing of
both Causes and the hearing to be then peremptorily
Worthy Sir/
I was Importuned formerly to trouble you in this kind to
testify my knowledge concerning the Bargaine betweene Cap'
Mitchell and m'' Ann Boulton nowe the wife of one ffrancis
Brookes in yo' Countrey, And I am desired further to trouble
you in the Same Busieness I Declared before that her wages
was by Agreem' to be twenty pounds p Ann, and her bar-
gaine was that She Should Stay with Cap' Mitchell noe longer
then She pleased, and he promised to Send her againe to Eng-
land at his own Charge, if She liked not to Stay with him, and
her wages was to be paid either here or in your Countrey as
She pleased, and it was to be at her Choice whether it Should
be paid in money or in Goods. Sir I am Sorry that there is
an occasion of this trouble, I wish you all peace amongst your
Selves and Soe much Mutuall Justice that each might doe
right to other without Compulsion, which blessing together
with all others, is constantly prayed for in yo' behalf.
worthy Sir yo' humble
Sir I Speake this of my own knowledge 1 5^^^^^^ j^j^^ W'ikln .an
being a Wittness to the bargame J •'
London ffebr 14''' 1652
Indorsed. To Cap' Stone Deputy Governo' of Maryland
p'sent 'rhese
Ann Beach vid. pit —
ffrancis Vanenden def
■> The pit Sues for two Barrells of Corne
/ remaining due upon a Bill of Eight Barrells
payable by the defend' to the pltes late husband in October
1650 now produced. The SherifiT on the defendants behalf
aledging the defendants Sickness desired respite for his appear- ,
ance but with all attested that the defend' confessed the debt,
and desired it might be Sent for. But the Corne being by the
bill payable at the Governours house. And the
Hill cancelled QQygj.,^our undertakeing on the defendants behalf
to Satisfie m' Matton who was willing to Spare the ph Two
barrells of Corne at his house upon diat AccomiU, It is ordered
270 Cotirt and Testamentary Business, 1650-53.
Liber B. that the def' Shall pay or be responsible for the Corne Soe to
be paid with Court Charges.
stanhop Roberts pit ^ The Compit Sucs the defendant
mr Robert Clarke Survey deft ) ^pgj^ ^^ AcOH of the CaSC for that
he being his Ldp Surveyo'' Generall and having a Warrant in
his Custody to Survey for the plte one hundred acres of land
upon Drapers Neck near Barnaby Jacksons land on the Bay
Side, and the plte haveing desired a Survey thereof and to
attend the Surveyor for that purpose, he the defend' Never-
theless had injuriously (though he was at that instant told by
Barnaby Jackson that, that was the Neck of Land which the
plte Claimed by his Warrant) Surveyd the Same for ffrancis
Brookes upon a more generall Warrant, which did not Specifie
that Neck and was Granted after the pltes Warrant, To which
the defend' by his Answer alledged that the pit had not offerred
him that attendance or assistance which the Act of Assembly
had appointed in that behalf. And ffrancis Brookes present in
Court alledgeth \vhat he thought fitt to maintaine his Title in
the land in question. But it appearing to the Court upon pro-
duceing the Severall Warrants of the plte & Brookes upon
Record, and upon the attestation of Barnaby Jackson that the
pit was injured in the Busieness, It is ordered that the Compit
Shall have one hundred acres upon the Said Neck where he
Shall make Choice according to his Warrant, And that the
Surveyo' lay out for ffrancis Brooks two hundred Acres in
Some other place not yet taken up if Brookes Shall desire the
Same
''■ ^^^ Walter Peakes pit ) The Complts Suit being for 800' weight of
John Hamond deft ] Porke and Scvcn Barrells of Corne due to
him from the defend' for payment whereof the def' assigned
over to the Compit a Bill whereby Hugh Lee was bound to
the def for paym' of the Same quantity of porke & Corne &
that upon a Tryall at Checacone upon an Action brought by
the now Compit ag" Hugh Lee for the debt. The Court there
disallowed of the Bill, Soe as the plte is Still unsatisfied, In
which respect he craves reliefe against the nowe defend' to
which the Defendant by his Answer confesseth he was indebted
to the Compit the whole Sume now Claimed, and for his Satis-
faction assigned to hiin the foresaid Debt from Hugh Lee
further Expressing himself willing upon the pltes produceing
the Said order of Checacone Court whereby the Court may
be further Satisfied touching the disallowing of the Debt
afores'' by that Court, to give the Compit Such Satisfaction
touching the Debt & Damages by him Claimed as this Court
Shall upon further hearing think fitt, the Same being by his
Court and Testamentary Business, 1650-53. 271
the def" confession Still Justly due to the Complt, in case he Liber v
received Noe Satisfaction upon the Bill from Lee It is there-
fore ordered that the further hearing of this Cause be respited
till October Court next, And the Complt is in the meanc time
to pcure a Coppy of the Said order of Checacone Court, for
the further Satisfaction as well of the Court as the deO touch-
ing the premisses
Upon the motion of m' Thomas Hatton his Ldps Attorny
Generall touching the Estate of William Bounday late of Pu-
tuxent River deceased and upon produceing of the Verdict of
a Jury Impannelled for the Viewing of his Corps and upon
hearing what could be alledged by William Stephens who
produced the will of the decedent and desired to be admitted
administrator, The Court adjudgeth the Said decedents per-
sonal! Estate to be forfeited and to belong to the Lord proprie-
tary as the Estate of a felo de Se and that James Veich is to ''• ^^^
take the Same into his Custody for his Ldps use according to
the Said Attorneys Motion to whom he is be accomptable for
the Same or the -pceed thereof as the Said Attorney Shall
thinke fitt and that necessary Charges concerning the Said
Estate and funerall Expences be defrayed thereout with the
approbation of the Said Attorney
zephania Smith pit ) Upon the motion of William Stephens
mr wm Eitoi.head deit | Qp j-^g behalfe of the plfe for a hearing of
this Cause this day and upon reading of an Order made therein
24'° November last the def' being absent, and the Court being
not well instructed touching the State of the matter in (pies-
tion doth order that the hearing be respited till the next Court,
and both parties are then to attend for that purpose
Cornelius Cannaday pie ) Upon reading of an Order made in this
Tho Gerrard Esq deft \ Cause the 23"' day of march last whereby
the hearing was respited till this Court both parties now attend-
ing^ the pit Sueing for Satisfaction for his time of of Service
according to Covenant, and the def insisting upon his Dam-
ages in respect of the pits running away and Goods imbeaz-
eiled in the former Order Mentioned, the defend' produceing
Some Evidence according to the direction of that Order, for a
full & finall End and Conclusion of all Differences now depend-
ing between the Said parties. It is ordered by and with the
full consent of both parties Complt and defendant in this
Cause that all Covenants at any time heretofore made betwixt
the Said parties, and all Causes of Action or Complaint on
either Side touching the matter in question be from henceforth
Void and Null and no advantage to be taken thereupon here-
...}
272 Court and Testamentary Business, 1650-53.
after or against Either party but that all differences debates or
Demands concerning the Same or any part thereof be and are
from henceforth by Vertue of this present Order Clearly and
absolutely dismissed ended and Determined and the Complain-
ant is to pay all Court Charges
At a Court held at S' Maries
the Eight of June Anno 1653.
Present as the Day before
The Complt Suit being for Satisfaction
for his trouble & Entertainment with
houseroom and Dyett about fifty Servants and Storage for
Goods which Came the last yeare in Cap 'Richard Husbands
Ship which he Soe Entertained as aforesaid upon the defend-
ants request and promise of Satisfaction being the Said Hus-
bands mate to the pltes Damage of 2000' Tob: To which the
defend' by his Answer confessed he promised that m"' Hus-
bands Should give the plte Satisfaction who accordingly
offerred the Complt 600' Tob: for his Satisfaction in that par-
ticular which he the Complt refused to accept of. It is there-
fore Ordered that the defend' Cooke Shall forthwith pay unto
the Complt one Thousand pounds of Tobacco and Caske in
full Satisfaction of his demand aforesaid.
Miles Cooke Marrinerpite ) ^he plte Sues for Satisfaction
Capt Rich: Husbands Marriner by [ of I OOO' 1 ob: & Caske whlch he
Edward Packer his Attorn deft J ^^^ ^.j^j^ ^^^ ordered tO pay UUtO
William Edwin being the defend' Cap' Husbands his Debt with
Damages & Costs of Suit, And the defendants Attorney being
present in Court and objecting nothing which did Satisfie the
Court to the Contrary. It is therefore ordered that the S"*
Attorny Shall forthwith pay unto the Complt the Said one
thousand pounds of Tob: & Caske and one hundred pounds
of Tobacco & Caske more for his trouble & Expences in
attending the Court Severall dayes upon this occasion together
with Court Charges in both Causes. Execuco inde ult Junij
ad Satisfaciend
Upon the Motion of m' John Hamond on the behalfe of
Robert Taylors wife (who attended the Court upon the Gov-
ernours Warrant upon an occasion of incontinency) desireing
a respite that Som Wittness might be Examined for the better
Clearing of the busieness to the Court It is ordered that the
hearing thereof be respited till the next Court and the Said
iaylors wife is then to appeare personally
Court and Testamentary Business, 1650-53. 273
WiUm Smith pite -, Upon the motion of m'^ Susan Warren Liber u.
Captwiiini Mitchell) Daughter and Assignee of the plte to have ''■ •'^'^
p Attorn uefendt j jgo'^lob which was'takcu in Exccution upon
an Order of the 21"" of January 1651 for five Barrells of Corne
or the Value thereof. It now appearing to the Court that the
plte Smith hath received Satisfaction of the Said Debt to 225'
of Tob & Caske. It is ordered with the defendants two Attor-
neys consent that they or one of thcni give tlie Said m'" Warren
Creditt with Cap' Cornwallyes or Some other to the Value of
the Said two hundred twenty and five pounds of Tob: & Caske
being the ballance of the debt of five hundred and fifty pounds
of Tobacco before mentioned.
Upon the Motion of Tho: Gerrard
Esq on the behalfe of the plte. It is
ordered that an Attachment lately made out at the plte Suit
against the defendants Estate for the attaching of 500' Tob: &
Caske in m' Eltonheads hands, be reinforced and the Tobacco
to rest in m' Eltonheads hand till a hearing the next Court
Upon Reading of two former Orders
of respite in this Cause the first of the
20"^ of January and the other of the 22''' of March last, And
upon Some debate now had of the matter in question in the
p'sence of both parties. The Court conceiving the Same to be
proper to be considered of by an Assembly doth Order that the
hearing thereof be referred to the next generall Assembly to
be held for this Province.
Robert Taylor plte
Robert Brooke Esq def
1 Upon reading of an Order made in this
'i Cause the 22''' of march last and of a
Certiff' upon Oath from the Compltes Wittnesses in pursuance
of the direction of that Order, as alsoe of the defendants
Answer now given in Whereby he referred himself to die
Court & Jury The Court gave Direction for Impannelling a
Jury for the Tryall. Whereupon the Sheriff Impannclied 12
Jurors Viz' m' Willm Bretton foreman, m' Luke Gardiner, m'
W" Boreman, m' WiHm Johnson, m' John Lawson, m' Tho:
Mathews m' Willm Edwin, m' Stanhop Roberts, m' John
Cornelius m' Tho: Bushell, m' Willm Smith, and nV Jolin
NichoUs who having their Charge given them upon Oath to
give in a Just & true Verdict to the best of theire Skill and
understanding upon the proofes and Evidences to be produced
to them on both Sides in this Cause whether the hogs or Swine
Charged by the pltes Peticon to be killed by the tlefendantor his
appouitm' were of the Complts Marke or not, .Mter Some time
of consideration thereupon gave in their Joint X'erdict or
2 74 Court and Testamentary Business, 1650-53.
Liber B. Report to the Court as followeth The Report of the Jury in the
Cause now depending between Robert Taylor plte and Robert
Brooke Esq defendant, We find that those hogs killed by m'
Brooks or his appointment was not the marke of Robert
Taylor pperly Speaking because of the want of the hole in
those hogs which m' Brookes killed which all the Wittnesses
Say that there was none, neither doe they Nominate or Sig-
nifie any Starr to have been under the Square. But upon further
debate of the matter in .question The Court not thinking fitt for
the present to ground any determinate Order upon this Report
of the Jury but conceiving upon the whole matter that the pita
might have Just Cause or reliefe in Equity thoughe the marke
did not Exacdy appeare to be his, which might perhaps be
occasioned by Some oversight or Mangling or defaceing of the
Eares of which there was Something now hinted, And the
Court being Satisfied that the hogs killed were none of the
def" and conceiving that Some other Evidence might appeare
for the better Clearing of the Busieness to the Court, doth
Upon the pltes motion respite the further hearing of this
Cause till (October Court next, and both parties are then to
attend the Court for that purpose.
Robert Taylor plte. Robert Brooke Esq def'
John Hambleton maketh Oath that within few dayes after
the Court in March last he this depon' desired the plte Taylors
Servants to bring the Compltes hoggs to his Dwelling house
at Putuxent and to Catch Some of them and two of them were
Catched accordingly the Eares of w'^'' he tooke a full View of,
P- ''5^ and found about the Middle of one of the hogs Eares a hollow
Starr, which had formerly as this Deponen' conceiveth been a
hole and further deposeth not. —
Sworne in open Cou-rt 8° Junij 1653 Tho: Hatton
Aprill 23"" 1653. According to an Order of a Provincial!
Court enjoining us Ismaell wright, John Taylor and Phillip
Harwood to view the marks of the hogs of Robert Taylor how
near they doe agree with the marks of Some hogs killed at the
plantacon of Robert Brooke Esq (which marks we have for-
merly Sworne unto) We the parties abovesaid haveing Viewed
the markes of Such hogs as the Said Taylor did Shew unto us,
doe testify that the marks of the Said hogs and Cattell which
the Said Taylor did Shew unto us is the Very Same that those
hogs were of which was killed at m' Brooks plantation (as we
have formerly Sworne unto) Onely we doe find that there is a
hole in die left Eare under the Square more then was in those
hogs W^'' was killed at m' Brookes his plantation, And further
we doe Testify that we tooke into our hands a pig which was
Court and Testamentary Business, 1650-53. 275
Marked of the Same marke, and a hole had been Cutt as in uber u
the rest which we found was Grown up again and the Starr
remaining where the hole had beene, And further Sayth not
Sworne before me. Ri: Preston
The Answer of Robert Brooke Esq to the
Petition and Bill of Robert Taylor.
That Whereas Robert Taylor hath already had the benefitt
of Three Severall Courts and two other meetings appointed by
m' Preston to prove his Bill the Substance whereof was that
Robert Brookes had killed two of his hogs marked thus, the
right Eare Cropt with a half moon under it, the left Eare the
top of the Eare Cutt off the one Side of it with an hole under
it, which truely were not the right marks of the Said hogs, for
they had both Eares Cropt alike with an under cutt under
the right Eare as the Said Robert Brooke and four other p ^^^
Wittnesses can Depose, Yet forasmuch as Robert Taylors
Wittnesses doe depose all his marks Saving the hole in the
Eare, The Said Robert Brooke not willing to Enter Cross
Depositions upon Record is willing to Joyn issue with the
Said Robert laylor and Soe referreth himself to Court and
Jury.
„ , „ .y . u > , Upon readinp a former order
Capt Henry ttleete by mf ) , ) ^ . . . „ '^ i r i
John Haiiowes his Attorn \ P"^ \ made m this Cause the 21'" ot Jan-
nir William Eitonhead Defend' ) ^^^^ j^^gj. thereby the def had lib-
erty till the then next Court if he could to prove the 1 500' Tob:
in that order Mentioned to be paid wherein if he failed the
Court would proceed to give the plte releife for the
cancelled ^^j^^ ^^.^^^ ^^^^^^ pjjj ^^^ ^j^^ defend' being now
present in Court and failing in his proofes. It is ordered that he
forthwith pay to the plte or his Attorney the Said fifteen hun-
dred pounds of Tobacco in discharge of the Said Bill and the
Same to be cancelled.
Execut inde Vers: Estate ad Satisfaciend
19 Julij 1653. De Novo con Corpus i"
Sept &c.
Indors Bill
• I Cap' Henry ffleete doe make John Hallowes my Lawful!
Attorney for to receive this debt or recover it by Law—
Wittness my hand this 2'' of August 1652.—
Wittness Jo: Due Henry ffleete
Thomas Gerrard Es^ plte ) Upou reading of an Order made in
mr cuthbt ffenwick dcfcndt ] thjs Causc the 2 2"'" of March last whcrcliy
it was Ordered that Cap' Thomas Cornwalicys Should tlie
276 Court and Testatneiitary Business, 1650-53.
Liber B. then next Court bring the Bill in that Order mentioned into
Court to be perused that further order might be taken there-
upon which he hath neglected to doe, It is Thereupon ordered
that the Said Cap' Cornwalleys Shall by October Court next
either deliver up the Said Bill to the plte or returne unto him
the 864" Tob: and four pound and an half of Beaver in the
Said Order Mentioned.
m' ffrancis Brookes was this day fined 20' Tob: to his Ldp
for prophane Swearing in Court
P' ''^° Thomas Gerrard Esq plte 1 Upon Reading of a former order made
mr cuthbt ffenwick def. / in this Cause the 22"' of March last
whereby the hearing was respited till this Court the pltes Suit
being to be relieved upon a Bargaine for a Colt as by that
Order is Expressed The defend' now upon the pltes
mocon taking his oath in open Court that he knew that
one of the Colts (of which the plte upon the Bargaine was to
have had the Choice) was dead, and that he had Intilligence
that the other was dead in S' Clare's Swamp and that he never
Saw it nor heard further of it Since or to that purpose, It is
thereupon for a full & finall End of the matter in question with
the full consent of the parties plte and defend' in this Cause
Ordered and adjudged that the defend' Shall and doe Satisfie
and pay to the Complt one Thousand pounds of Tobacco and
Caske at the next Cropp with Court Charges
mr Culhbett ffenwick pit "1 ^,,, , . r i i i r^
capi wiiim Mitchell by ', 1 he hearing oi both these Causes is
ey defendant
respited till October Court next
Robert Taylor plte \ The hearing of this Cause is respited till
Mary Ketchmay deft \ Qctober Court uext. And both parties are
then to attend the Court for that purpose.-
mr Joseph Manning merch> pit 1 The dcf having attended the Court
Cloves Mace defendant / Severall daycs upon an Arrest, and
noe prosecution against him moved for a discharge with allow-
ance of Costs and Charges, It is therefore ordered that the
Complainants Suit against the defend' be dismissed out of the
Court for want of prosecution, And that the pit doe pay unto
the defendant one hundred and fifty pounds of Tob: and Caske
for his trouble and Expences widi Court Charges
The Deposition of Walter Pakes aged forty three years or
thereabouts Sworne & Exammed this 7"" day of June in open
Court and Testamentary Business, 1650-53. 277
Court Sayeth. That Edward Gotten lately deceased (about a Liber b.
week before his death upon takeuig- a Note of his debts this p- •''^'
deponent telling him he had forgotten John Warren of whom
he had divers things) told this depon' that he had Satisfied the
Said Warren in a Bargainc past between him the Said Gotten
and the Said Warren or to that Effect and furth Sayth not.
At a Gourt held at S' Maries
the Nineth of June 1653
{The Governour
m' Thomas Hatton
m' Richard Preston
Edward Packer pit 1 The Compltes Suite being for a heifer
George Meedefendt/ Calfe w'*" the Gomplt upon the defendants
undertaking to See him Satisfied lent to m' Thomas Daynes
two yeares agoe And the defend' now acknowledging his
ingagem' It is ordered by consent on both Sides that the de-
fend' doe pay unto the Gomplt at his house a heifer of two
yeares old and upwards.
John Carrington pit ^ Upon reading of an Order made in
Lawrence Starkey Esq deft ) jhis Cause the 24"' of March last the de-
fend' not now appearing nor any for him to make any further
defence according to the direction of that Order, It is therefore
now Ordered that the defend' Shall forthwith pay unto the
Gomplt the residue of his Glothes, and the one hundred and
forty pounds of Tobacco mentioned in the Said former Order
and in the Deposition of Thomas Garpenter Upon Record with
Gourt Gharges.
Robert isrooke Esq pit -, Whereas Gertaine limber of the
George Ketchmay I ^£(£,,^,8 f defendants hath beene attached at
& Henry Ketchmay ) ^" j ^}^g p|^^.g g^,jj f^^ Satisfaction of 3OOO'
Tob: debt & Damages claimed by the pit of the defendants, as
the Gourt Should order, It is now Ordered upon the pltes
mocon in presence of the defend' Henry Ketchmay that the
Timber attached be Viewed by John Crammer & Peter John-
son and Delivered into the possession of the Said Henry
Ketchmay who is to be responsible for Soe much thereof as he ,^
Shall make use of, And the Same with the rest of the Said
Timber is to be disposed of as the Gourt in October next Shall
Direct till when the Said Attachm' is to Stand in force
Upon the request of the defendants At-
wniiamconlsey pltes ^ tomey with the Gonsent of the pit Henry
mr Thomas Daynes by f^ Goursev the hearing of this Gause is res-
his Attorney defend. J ^.^^^ ^.-^j Q^,^^ber Gourt ncxt and then to
be pemptory.
p. 46;
278 Court and Testametiiary Btisiness, 1650-53.
Marke Pheypo this day in open Court acknowledgeth to
have received full Satisfaction from Capt. Robert Vaughan of
the Isle of Kent of a Bill of fifteen hundred pounds weight of
Tobacco and Caske and a Barrell of Corne payable to him and
William Chappell Wittness his hand
Testor Tho: Hatton Markes Pheypo
The Governour this day appointed M' John Metcalfe High
Sheriffe of S' Maries County according to his Ldps speciall
direction in that behalf
The Court rising the Governour appointed the next Provin-
ciall Court to be held at S' Maries the twentieth day of October
next
To the Honble the Governour & Councell
of Maryland.
The Petition of Robert Brooke Esq
Humbly Sheweth
That in or about the monthes of Sept or Oct was a 12
Month yo' Petition' by the hands of William Batten caused
1000' Tob: & Caske to be paid to Henry Ketchmay for the
use of George Ketchmay his brother & Master, for the which
Said Tob: the Said Ketchmays were forthwith to Supply yo'
Petitioner with Caske at as indifferent rate as they then Sold
to others at Putuxent. But the Said Ketchmays abused yo'
Peticon' in pviding Caske Soe that he and his Servants were
divers times to fetch Caskes at Peter Johnson's the appointed
place of delivery, but could get few or none Severall times,
and in all but 22'^ hhds the 2 last whereof were brought the last
week of April to the great Damage of your Petitioner of at the
least 3000' Tob: yo' Petitioner having at that time 2 Great
houses full of Tob: the one of 100 foot in length the other of
90 foot in length, and both 32 foot in breadth, which long
hanging much wasted and a Great part of it blown down &
Spoiled, the latter End of Winter for want of Caske, And of
those 22 Casks 8 of them were altogether useless falling in
pieces in the Carrying home and not being to be Sett together
againe.
ffurther the last Summer the Said Henry Ketchmay did
divers and Severall times promise & ingagewith yo' Petitioner
to help him to 24 hhds more, but with his faire promise de-
luded yo' Petitioner Soe that it was after Christmas againe
before yo' Petition' could thinke of otherwise providing for
himself, which he did in a Very bad manner to his great loss
and wast of Tobacco, The which his great damage Soe Sus-
tained yo' Petitioner humbly tendc;rs to the Justice of this
Honble Court.
Court and Testamentary Business^ 1650-53 279
The Deposition of Miles Cooke being taken in Court of Liber
Maryland the Said Miles Cooke did hear Benjamine CowcU
Say to m' Husbands that he had received of m' Pills two hhds
of Tobacco for the use of m"^ Richard Thurstone and they were
aboard the Ship hopefull Adventure whereof was Commander
then m' Richard Husbands whereupon the Said Husbands did
Sweare that never a Thurstone in the world Should have any
Tobacco there And further in my hearing did deny the To-
bacco to the Said Thurstone being demanded by the Said
Thurstone of the Said Husbands in England, And further this
Deponent Sayth not.
Jurat 8'° June 1653 in open Court
The Deposition of John Hallowes gent aged 40 yeares
or thereabouts Sworne & Examined Sayeth
That before Ralphe Beane went for England I the Said John
Hallowes did pay unto the aforesaid Ralph Beane Sixteen
hundred pounds of Tobacco and Caske for the use of John
Dandy. And further this Deponent Sayth not.
John Hallowes
Taken before me. Tho: Baldridee.
M' Hallowes the above mentioned Deponent Maketh Oath p. 464
that he paid the Tobacco above mentioned in Anno 1650. And
further Sayth not. Jurat in open Court June the 7"" 1653.
This Bill bindeth me John Nunn my heirs or Assignes to
pay or Cause to be paid unto Henry ffox or his assignes the
Just quantity of four hundred & forty pounds of good Sountl
Tobacco & Caske to be paid in the County of S' Maries on
the lo'"" day of November next Wittness my hand this 31"' of
.March 1651
John Nunn
Teste Phillip Land.
I Henry ffox do assigne over unto Edward Packer or his
Assignes all my right and Title of this Bill.
September the 25"' 165 1 Henry ffox his marke
Teste Phillip Land. X
Memorandum that I Edward Packer Gent doe assigne over
all my Interest of the within mentioned Bill unto m' Walter
Beane or his Assignes. Wittness my hand this first of January
1652. Edward Packer
Teste Henry Coursey
28o Court a7td Testamentary Business, 1650-53.
Liber B. Walter Beane the Administ' demandeth the 440' of Tob:
out of Nunns Estate due by the Bills & Assignments above
written.
This Bill bindeth me John Nunn my heirs or Assignes to
pay or Cause to be paid unto Phillip Land or his Assignes the
Just quantity of one hundred & fifty Seven pounds of Sound
Tobacco & Caske to be paid in the County of S' Maries on
the tenth day of November next. Wittness my hand this i 2"'
ffebruary 1650
John Nunn
Wittness, Jeffry Oliver
I Phillip Land doe assigne over unto Nicholas Cuzeene or
his Assignes all my right & Tide of this Bill within Menconed.
Wittness my hand this 16"' of October 1651
Phillip Land
Nicholas Cuzeene demandeth the 157' of Tobacco out of
Nunns Estate due by the Bill and assignm' above written
p- 46s Ann Johnson aged thirty four yeares or thereabouts Sworne
and Examined the 30"^ of Aprill 1653 Sayeth
That yo' Deponent and Sarah Goulson being at the house of
Robert Taylors the 24"' December at the Travail of the Said
Taylors wife, Sarah Goulson Said that She would Speake to
the woman about the child, because Robert Taylor was Soe
greived about it, Soe yo' Deponent desired her She Should
not for She had Sorrow Enough at that Instant, yo' Depon'
Comeing againe on Sunday after, to dress the child, her Sister
Alice Griffin being Come thither, Alice Griffin Said how now you
have Saved yo' Bacon, Alee Griffine Said to me hath She not
Saved it, Soe your Deponent replyed to her againe if She have,
it is the better for her, Alee Griffine Said that Mary Taylor
wisht She might never rise if it were not her brothers Child,
Alee Griffine and yo' Deponent being without doors talking
about it yo' Depon' Said it could not be So for there was a
writing in m' Preston's hand would testifye the time of her
going away, Soe Alee Griffine replyed and Said She was afraid
of that ugly pott belly Edward Brisley, they two were Very
Great, Soe yo' Deponent Comeing there on Monday againe,
my child telling of me at home what She had heard Robert
Taylor Say to Cuz: yo'' Deponent asked Margaret Broome
whether Robert Taylor Said to her that he would turne his
wife and the Bastard out of doors, Soe She asked me how I
heard Such a thing, Soe Said I the child told me. O Said She
Court and Testamentary Business, 1653. 2S1
what a bacjgage is this he did Say Soe, but who would havu Liber b.
thought Such a baggage would have Said Soe, Soe Cuz. told
me that she had been talking with her, but She could not
Endure to hear her because She wished Such bad wishes, Soe
yo' Deponent talking to Cuz. tould her you would not believe
this, noe Said She, had not the thing proved it Self, I Should
never have beleived it, Soe yo' Deponent helped Mary Taylor
upp and then I Spoke I wish you good Sitting up, but I doubt
it will prove the worst that Ever you had in your Life, why P- 466
Said She to your Deponent, Soe I replyed and Said, why, you
need not question why you know the Cause of it your husband
he taks Notice of it, he Sees the Matter is badd and knows the
matter is badd, Soe Mary Taylor replyed and Said he used to
be Soe to her, Soe I replyed againe and Said noe for no man
alive could be more fond ov' her and the Children then he,
Soe your Deponent tould her that She had both offended God
and Defamed herself and wronged her husband and Children
Soe whereupon her Cuzen and I urging of her to Speake the
truth of the matter whose the Child was that he might take
part of the Shame as well as She, Cuz. tould Mary Taylor that
her husband Said that he would turne her & the Bastard out of
Doors, Soe Said Cuz: I am greived to the very heart to See
how yo' Husband takes on. O! Cuzen Said She doe not let
your Husband worke to Maintaine another Man's Child, Soe
yo' Deponent replyed and Said, noe truely I would lay the
Saddle upon the right horse, Soe Mary Taylor Sat Still a while
where She Sate and at the last She burst out Crying and Said
that wicked man had overcome her upon a Court day at Night
being the 12"" of Aprill, and I replyed and Said She might
be mistaken and She Said She was confident She was not. She
being at his house he came to bed to her and never but that
Night, Soe we replyed and Said Lord that you Should Soe
forgett your Self and husband and Children in Soe Short a
time, Soe we asked her why She did not call for a pipe of
Tobacco to have prevented him, Soe that the people of the
house might not have taken any Notice, Soe She was asked
whose the Child was and thereupon She Nominated Cetchmey
and Said .She told him that She was with Child, and She told
him that She would tell her her Husband of it. And he replyed
againe and Said he would trust her for that. Whereupon we
wisht her to Submitt her .Self to her husband and that Cetchmey
Should take the Child, whereby She might in time gett the ''■ ''^^
Love of her husband againe for' the Love of the Children he
had already by her, Soe Siie asked me whether the Child were
at his full time, whereupon I replied yea and Said it was a
lustyable Child, for She .Said .She thought She Should have
gone longer, She Said that She was eidicr five weeks or three
282 Court and Testamenlary Bitsiness, 1653.
Liber B. weeks with Child before She came up from Virg^ yo' Deponent
knoweth not which, Soe whereupon yo' Dep' was goeing
home and She desired me for gods Sake to Stay till Such
times her husband came to Speake to him of it Soe when he
came I told him that his wife Said She had wronged him, and
I desired him to doe what his heart would let him for his
Children Sake, She hath wronged me indeed Said he, Soe She
came and fell upon her knees and Said Good husband forgive
me, for Gods Sake Good husband forgive me, 1 thou
wicked base woman how can I forgive thee, I cannot forgive
thee, the Law will take hold of thee, would I had given tenn
thousand weight of Tobacco I had Saved thy Creditt, thou
wicked woman couldest thou forgett me and the Children Soe
Soon, I bid thee to have a Care of thy Creditt when thou
wentest away, Soe whereupon he bid her rise of her knees, but
he did not promise her any forgiveness, and She kneeled
againe and he replyed he could not forgive her, the Law would
take hold of her, Soe Cuz: Said that Cetchmey hang him hang
him and Robert Taylor replyed and Said if he must hang him
he must hang her, and Robert Taylor Said he would make a
poor Cetchmey of him before I have done with him, for I will
goe to m' Preston and fetch his Warrant for him and I will
Send him prisoner to Maryland, Soe Mary Taylor desired me
I Should not tell Cetchmey of it but bring him thither, for if he
knew of it he would not Come there, Soe when I came home
I told my husband of it, and he would not let me have noe
p- 46S hand ab' it to bring him thither for fear of disturbance. And
further Sayth not. the mark of
Sworne before us the day & Ann A I Johnson
yeare above written
William Stone
Rich: Preston
Margaret Brome aged 24 years or thereabouts Sworne &
Examined Sayeth. —
That upon the 24'*" of December 1652 when my Cuzen Mary
Taylor was brought to bed, m'' Johnson proferred Robert
Taylor the Child, and he bid her give it the mother and She
would have given it to me, and I Said I would not forfeit a
pair of Gloves, Soe when m'" Johnson and Sarah Goulson were
in bed, your Deponent Came to the bed Side and m" Johnson
asked me what I thought of it now, and I Said 1 could not tell
what to think on't, and they Said they were Sory to See how
it was, Saith m" Johnson 1 think Robert Taylor would put it
up, if the world did not take Notice of it Soe on the Sunday
m"- Johnson Came againe to Robert Taylors, and Soe did Alee
Griffine and alee went to the bed Side to See her Sister Mary
Court and Testamentary Business, 1653. 283
Taylor how now Mary Said She, I hope you have pleased tliem Liber i
all now and Saved your Bacon, And m'^ Johnson replyed a^aine
and Said, if She had it would be well for her and you to,
why Said Alee is She not Come well Soe m"* Johnson Alee
Griffine and yo' Deponent went into the Buttery and m" John-
son Said that her husband had or else he would give Robert
Taylor Councell to give her a Suit of Clothes and turn her and
her Bastard out of Doors, and we made Answer againe and
Said it was too Cruell and Alee Griffine had urged her Sister
about it and Mary Taylor replyed and Said would God She
might never rise out of bed if it were not her brothers Child
Soe my Cozen Robert Said if the Child were none of his he
would turne her and her bastard out of Doors and Send them
to Virginia Soe when m" Johnson was dressing the Child p- '^^
before this is my black headed boy it is like ketchmey Soe my
Cuzen Mary lying in her bed hearing m" Johnson Say Soe
asked me why She Said Soe, and yo' Deponent replyed it was
by reason of the Scandall that was formerly reported of her
and She replyed if She might never Come out of bed She
could find no other father for it then her own husband on
Munday following m" Johnson Came to Robert Taylors to help
Mary Taylor out of her bed and She asked me w^hat Newes,
and I replyed I know none but what you know, and m" John-
son asked me whether her husband nor No body Else had put the
question to her, and I Said Noe ; And She Said She would, and
when She Came to the bed and bid me take away the paupuss
and Soe I laid the Child away, and m" Johnson Said to Mary
Taylor O ! wicked woman that could forgett yo' Self Soe to
forget your husband and yo' Children, and Mary Taylor Said
why, and m" Johnson Said you need not ask me why for yo'
husband will not own the child and Said it was none of his,
Soe when Mary Taylor was out of the bed Standing by the
bed Side, m'' Johnson Said woman confess who is the father
of the child for yo' husband will not own it, but turn it and you
out of Doors, never keep it from God and the world for you
cannot hide it from God for it is known by reason m' Preston
tooke a Bill ofyo^ Husband dated the 8"" of March 165 1 Mary
Taylor Said She was at his house of a Court day being the
12"' of April and lay at his house that Night and when She was
a Sleep he came to her and with his Deluding Toungue deluded
her and Soe She Said often, who is this Said m'" Johnson
Cetchmey? and She replyed and Said yea Saying Catchmey
told her that She would Come about Christmas and m" Johnson
and your Deponent Said he was a Vile man to offer to delude
a woman Soe And Robert Taylor was Sent for and when he P' •'^''
Came in, his wife Mary Taylor down upon her knees and
desired him to forgive her and he Said the Law would take
284 Court and Tesfamentary Business, 1653.
Liber B. hold of her he could not forgive her, and he Said he would
Send Cetchmey to Maryland & he would make a poor
Cetchmey of him, And Sayth further that Catchmey was at
Robert Tajlors house about two days after, This is the truth
according to her Knowledge. Margret Broome
Sworne before us the day &
yeare above written —
William Stone
Richard Preston
Andrew Scot aged thirty yeares or thereabouts Sworne
and Examined Sayeth.
That Mary Taylor did rise of her bed and bid m' Catchmey
take the Child that the report had gone about was his, and nV
Catchmey made Answer againe and Said they had best take
heed what they Say, and further Sayth not
Sworne before me this 7"" of may 1653 the mark of
Ri: Preston Andrew x Scotte
Henry Pope aged 32 yeares or thereabouts Sworne and
Examined Sayeth : I'hat Andrew Scott told your Deponent
that his Dame Mary Taylor rose off her bed and bid m'
Catchmey take his child, and m' Catchmey made Answer and
Said noe, it is none of mine and She Said it was his and they
were Strugling about it, and m' Taylor bid them no let it fall
for it was none of the Child's fault and a Little after Cuz: tooke
the Child to dress it, and when she had dressed the Child She
put it into m' Catchmey' s Lap and he held it a while and then
he Carryed it to Mary Taylor and bid her take the Child, and
She Said, noe, and Cetchmey replyed and Said what Should
he doe with it, it is yours as well as mine and further Sayth
not
Sworne before me this ) The mark of
7"' may 1653. — ) Henry H P Pope
Rich: Preston
p-47' Sarah Goulson aged 30 yeares or thereabouts Sworn and
Examined Sayeth. That yo' Deponent was at m' Johnsons
house that night that Anne Pope Sent for m'' Johnson Soe yo'
Deponent being there went along with m"^' Johnson, and
goeing along, m" Johnson told me She would have a bout with
Mary Taylor if She were there and yo'' Deponent desired her
not it would disturb her Self and the woman that was in travail,
and m'" Johnson Said She would ask her for a pair of Gloves;
Soe as we were Comeing home m'' Johnson Said you would
laugh at me if I Should burn my Gloves, and your Deponent
replyed if She did not burn her hand, I Should laugh and m"
Court and Testamentary Bnshtess, 1653. 285
Johnson Said if I Should, I know where I Shall have another Li'
pair, See m" Johnson went a Litde further and turned back
and Said to Mary Taylor I must have a paire of Gloves of you
(if not) of m' Catchmey and Mary Taylor replyed why of m'
Catchmey, and m" Johnson Said he is the father of your Child,
and Mary Taylor replyed againe he is noe more the father of
mine then he is of yours for ought I know. And m" Johnson
replyed againe and Said She was an Impudent whore and then
m'" Johnson Said againe She was a brazen face whore or an
Impudent whore your Deponent knowes not which and Mary
Taylor Said it hath pleas'd God to make us both alike. Where-
upon m"' Johnson Struck Mary Taylor Soe they were busling a
Little while Soe when they had done m'" Johnson Said that
that Nights work Should Cost her a whipt back, and further
Sayth not the mark of
Sworne before me this y"" Sara x Goulson
of May 1653. Ri: Preston
Sara Goulson aged 30 years or thereabouts Sworne and
Examined, Sayeth, That Comeing to Robert Taylors house,
three or four days after Robert Taylor's wife was last brought
to bed, and yo' Depon' hearing that She had confest that m' p-
Catchmey was the father of the Child yo' Deponent asked her
and She told yo' Deponent noe it was noe Such thing, but She
Said She tould m" Johnson that, that wicked man had either
overcome her or deluded her, and further Sayth not
Sworne before me the 7"" of the mark of
May 1653 Ri: Preston. Sara x Goulson
Mary Catchmey aged 25 years or thereabouts Sworne and
Examined Sayeth, 'I hat She heard Geo: Catchmey Say that
they Shutt him into Robert Taylors house and then Mary Tay-
lor did rise of her bed and brought him the Child, and he the
Said Catchmey would not take it and he Clapt his hands be-
hind his back, and went back and Still She followed him with
the Child, and Robert Taylor bid them have a care of the
Child and let it not fall betwixt them. And then She went
away and lay Down upon her bed with the Child and after
Some discourse they were Sat downe in the house, Cuz: She
fetched the Child and Sate it in her lap, and looked upon the
Child & looked upon George Catchmey and he Said She
Started up, and put the child in his Lap, and Cuz: Said pray
m' Catchmey hold the Child and he Said to me that he Said,
yes, I doe not care if I hold the child and he Said to me that
Cuz: did not make hast to Come to take it and he Carryed it
to Mary Taylor as She lay upon her bed, and he told me he
bid her take the Child and She replyed againe it is as much
286 Court and Testamentary Business, 1653.
Liber B. yours as Mine for ought I know, And he told me that he told
her if it be mine it is yours, he told me that Cuz: Said to
Robert Taylor, Cozen how are you able to keep a knife out of
his heart, And upon that Robert Taylor tooke down his Gunn
and he told me he did not know whether he did it with intent
to doe him any harm. The next morning following he told me
he was to goe to John Grammers, and he asked Robert Tay-
lor if he would goe with him. And Rob' Taylor made Answer
and Said he did not care if he did, And he told me as they
were goeing in the way Robert Taylor asked him what they
P- 473 Should doe in the busieness, and he told me that Robert Tay-
lor Said that both their lives lay in his hands, and he Said to
me, that he told Robert Taylor he did not feare what he could
doe to his life and Rob' Taylor asked Catchmey what will the
Court do in it. And he told me, he Answered Robert Taylor
thus, that the Court would Record him Cuckold and Catchmey
Should keep the Child, and he told me that Robert Taylor
Said if he wquld disburse a litde Tobacco he would keep the
Child as his owne, and he told him he did not care for a Little
Tobacco rather then to have his name brought in question, and
he told me he asked Robert Taylor how much he would have.
And Robert Taylor made Answer and Said that tenn thousand
pounds of Tobacco was but a flea biting to him, and he told
me he Answered Robert Taylor before he would give that the
Court Should decide it. But after further discourse Rob' Tay-
lor was Content with two thousand, And he Said to me that
Robert Taylor demanded from under his hand for it. And he
told him that he would give him from under his hand for it,
And Geo: Catchmey demanded a discharge from under Robert
Taylors hand, and Robert Taylor tould him he Should, And
he told me, that before that the writings were drawn, there
were Soe many Warrants for him that he was forced to runn
out of the River, And when Robert Taylor came down to Vir-
ginia he Came to George Catchmey and before Robert Taylor
had been there one Night, he told George Catchmey that the
Child was his own picture meaning Catchmey, as Geo: Catch-
mey told me a Little before Robert Taylor came up to Putux-
ent he demanded Tobacco of Geo: Catchmey and he tould me
he Answered Robert Taylor that he had none and that he
knew the worst of it, And Robert Taylor told him that he
would give him tenn thousand pounds of Tobacco to deny
what was past, and Geo: Catchmey Said that he told Robert
•'■ ' 1 aylor if he were never cjuestioned, he would never question
it, Soe yo' Deponent asked my brother Geo: Catchmey whether
he had ever had to doe with her and he told yo' Deponent,
yes once, and 1 asked him why he was Soe wicked, and he told
me that She dt:luded him with her deluding Toungue and he
Cotirl and Testamentary Business, 1653. 287
told your Deponent that Mary Taylor told him that She heard Liber li
he was much given to women, but he was not half so much
Given to women as Thomas Davis the Cooper, and he told
me he asked her whether She knew Thomas Davis, yes Said
She Very well, I was his Neighbour a great while and he Said
to me that She told him She heard that her husband was dead
Saying I never was Soe taken with a man as I am with you.
! that I could Love my husband as I Love you, with handling
her hands in his hair and Such like Gesture, Soe your Depo-
nent asked him if that was after he had to doe with her, and he
Said, noe, And he told me that She Said, O! that my husband
were Dead, And he told me he Answered her if he were
Dead, I have a wife. And She Said if my husband were Dead
1 knew what I could Doe, And he told me that the next Morn-
ing after he had had the use of her She told him that She was
with Child. And further Sayth not. the marke of
Sworn before me this 7"" Mary M Catchmey
of May 1653 Rich: Preston
Peter Johnson aged 42 years or thereabouts Sworne and
Examined Sayeth. That Comeing to Robert Taylors house
after his wife was brought to bed Seeing Rob' Taylor very
Solitary Said to him Country I am very Sorr}' that this Cross
is Come upon you, I bid him be of Good Cheer for any man
of understanding would not blame him for it and Robert Tay-
lor replyed againe and Said when his wife was well he would
turne her and the Bastard out of Doops, And your Deponent
tould him Country you are grown So proud and Stately a late
days, that you do not know whether you goe upon your feet
or your head, God will find you out, and he replyed in what
So many words were past betwixt us he Still replying he p 475
would turn them both out of Doors, when She was well for
She hath disgraced her Self and me and her Children after-
wards. And further Sayth not.
Sworne before me this 7''' of the mark of
may 1653 Ri: Preston Peter PI Johnson
And a day or two afterwards m' Catchmey Comeing to
your Deponents house. Sate him down upon a Chest very
Solitary, Soe your Deponent called him out of Doors and my
wife talked with him, Yo' Deponent heard m' Catchmey Say
they made him doe any thing what they would, for he was
afraid of his Life for So Soon as they gott him into the house
they Shutt the Doors, and Robert Taylor tooke his Gunn in
his hand, and there was another in the lioiise that Said how
Can you forbeare a knife out of his heart, Soe talking together
2 88 Court and Testamentary Business, 1653.
Liber B. m"' Catchmey made Answer and Said he was to give Robert
Taylor Content And further Sayth not the mark of
Sworne before me this 7'" of Peter PI Johnson
may 1653 Ri: Preston
Cornelius Abraham Sayeth that in or about January last
goeing Down with his Sloop to Virginia overtook one Geo:
Catchmey about Cedar point at Putuxent Rivers Mouth in a
Small boat who desired me that I would take him into my
Sloop and Carry him to Virg* which I did, And falling into
Some discourse Concerning Robert Taylor, about a Child
his the Said Taylors wife had lately been brought a bed
withall, which was reported She had laid to the Said Catch-
mey, the Said Catchmey told me that the Said Taylor
Carryed him to his house late one Night and Carried him
in and Shutt the Door, which as Soon as he done, the Said
Taylors wife rose of a bed and brought a child and Gave it to
the Said Catchmey Saying here take yo' Child w'^'' he refused
to doe denying that it was his Whereupon Some body in the
house Said how can you forbeare Stabbing of him to the heart,
and the Said Taylor tooke a Gunn off where it hung which
put the Said Catchmey as he Said in a Great feare whereupon
he Carryed the Chilcl to the mother and told her if it be my
child then it is yo"^^ as well as mine, and at that time there being
Some of the Servants in the next room Robert Taylor Com-
manded them to goe forth, and after they were gone forth the
Said Taylor told the Said Catchmey that he would goe to law
with him, the next day the thing being urged again to the Said
Catchmey (as he Said, the Said Catchmey told him that if To-
bacco would Satisfie he did not care) Afterwards the Said
Catchmey told this Deponent after Robert Taylor came downe
to Virginia that the Said Taylor desired him the Said Catch-
mey that he would be friends with him concerning the child his
wife Laid to him.
Sworne before me this 6'^ Aprill 1653
Ri: Preston
William Phillips aged 19 years or thereabouts Sworne and
Examined Sayeth, That Sarah Goulson Said to m'' Johnson
you will b\irn your Glove by and by, noe, noe Said m'' Johnson,
Soe Said m'" Johnson I Shall burn it indeed, And m'" Johnson
Said that m' Osborne had Sent to New England for a pair for
her, And nV^ Johnson Said to Mary Taylor, I do Expect a pair
of Gloves of you or Catchmey, And Mary Taylor made Answer
againe why of Catchmey, y\nd m'' Johnson replyed againe,
that the fatiier of the Child use to pay Midwifs flees, And'Mary
Court and Testamentary Business, 1653. 289
Taylor replycd againe and Said as your Deponent thinks tliat ubcr u
the child was as honest begott as m'" Johnson's Soe whereiiijon
m" Johnson Struck her and ni'' Johnson called Mary i'aylor
Impudent whore and Mary Taylor replyed againe and Said it
hath pleased God to make us both alike and m" Johnson
Replyed again I will not conceal yo' Roguery any Longer for
I will help you to a Slasht back and Mary Taylor turned to m" ''' ''"
Johnson againe and further Sayth not. the mark of
Sworne before me this f'^ of William x Phillips
May 1653. Ri: Preston
John Tennis aged 25 years or thereabouts Sworne & Exam-
ined Sayeth. That your Deponent was at m' Johnson's and
your Depon' heard m" Johnson Say that Mary Taylor and She
had a falling out, and further Sayth not
Sworne before me this 7''' of the mark of
may 1653 Ri: Preston John I T Tennis
William Gramall aged 30 years or thereabouts Sworne &
Examined this 7"" of may 1653 Sayeth, Ihat m"* Johnson did
Say to your Deponent that She dropt her Glove, and Said She
Said to Mary Taylor let me not lose my old ones, for fear I
Shall gett no New, but I look for a pair from you Speaking to
Mary Taylor, or Else of m' Catchmey as She Said, And Mary
Taylor replyed Saying and why of m' Catchmey, m'^ Johnson
Said She replyed doth not fathers of Children use to give
Midwifes their ffees, whereupon Mary Taylor replyed to m'^
Johnson (as She Said) that her Child was as truely begott as
any Child She had, whereupon m"'" Johnson Said She replyed
to Mary Taylor, You Impudent whore I did not think you had
been Soe Impudent, whereupon m'* Johnson Said that She
Struck Mary Taylor Saying have I kept your Councell Soe
Long and would not goe to my Neighbours, and have You
requited me thus, I have not Stured in it yet but now thou hast
urged me to it 1 will, 1 have not Sturr'd yet, but I will Cause
thee to have a whipt back for it, and further Sayth not.
the mark of
Sworn before me this 7''' may W'" W Gramall
1653. Ri: Preston
Francis Walton aged 47 yeares or thereabouts Sworne and
Examined Sayeth, that your Deponent was at Henry Catch- ^^^
meys house and INIary Catchmey & your Deponent were dis- ''' '
coursing about m' Catchmey and Mary Taylor and your
Deponent Said that 1 did believe that upon a Good cause my
master would take Robert Taylors part, he may Very well Said
290 Court a7id Testamentary Business, 1653.
Liber B. She for Rob' Taylor tooke a false oath for your master. And
further Sayth not Francis Walton
Sworne before me this 7"' may
1653 Ri: Preston
William Hanington aged 21 years or thereabouts Sworne &
Examined, Saith, That what ffrancis Walton hath declared is
truth, and further Saith not
Sworne before me this ;'*> may William Hanington
1653. Ri: Preston
Articles of Agreement betwixt George Rapiar
Musision of the one parte and John Carrington
planter of the other part. Wittnesseth.
That the Said George Rapiar doth bargaine & agree
'"'''' with the Said John Carrington to Sell and make Good the
Sale of the Moyety or one half of the Cattle now in the pos-
session of the Said Rapiarviz'one Cowe two heifers one yearling
and a Cow calfe Secondly the Said Rapiar doth firmly by these
jjresents make over unto the Said John Carrington or his
assignes one hundred acres of Land opposite to the land now
in possession of Cap' Brent, being the Moyety or one half of
two hundred acres lately laid out upon the Said Rapiars Rights
b)^ m' John Lewger Deputy Surveyor. In Wittness hereof I
have hereunto put my hand this 9"^ August 1653.
Wittness the mrke of George Rapiar
Henry Coursey.
In Consideration of the abovesaid Articles of the Said
Rapiars, I the Said John Carrington doth bind my Self my
heirs and Assigns firmly by these presents to pay or Cause to
be paid unto the Said George Rapiar twelve hundred pounds
of Tob: & Caske or to whom he Shall appoint the Said To-
. bacco to be paid unto, which is in consideration of the Said
Moyety of Cattle menconed in the Said Rapiars Covenant the
S'' Tobacco to be paid at the Said two Covenaters pardng of
Copartnership or at the Death of him that Shall first decease
this Life. And In Consideration of the Said hundred acres of
Land menconed as aforesaid, I the Said Carrington doth Cov-
enant and agree with the Said Rapiar to live and Inhabit with
him for the terme of two years to help to Settle and Cleare the
Said Land Soe Covenanted and agreed upon as aforesaid, And
that all Necessaryes after the date of this writing bought by
Either party Shall goe in Copartnership betwixt the Said Cov-
enantors and that both of them Shall be at Equall proportion
of Charge for all things bought or procured into their family
towards house keeping, viz' Clothes or other Necessaries
P-479
Couri and Testamentary Business, 1653. 291
towards the maintaining of their family. In Wittness whereof Liber e
I have hereunto put my hand this Ninth of August 1653
Test John Carrington
Henry Coursey
Thomas Robinson
I doe hereby bind my Self my heirs Executors or Adminis-
trators to deliver to whom and where I shall be appointed, and
bestow upon Ann Hamond the wife of John Hamond and her
four Children Viz. Mordecay, Bernard, Ann and Uaniell, for
and in consideration of Severall Courtesies bestowed by her
husband upon me Six Good Cowes Some times this next
Summer, as also hereafter to Settle a parccll of Good land
upon the Said Children, Wittness my hand this 28"'' day of
December Anno Domini 1652. Gervis Dodson
Wittness George Hardie •
Richard Sharpe
indors ^ Received in part of this Bill one brown Cowe
^''"" marked with a hole in the right Eare and a Crop
and underkeeled on the left Eare which I bind my Self to
Record for the use within Speciefied Dated 20"' of June 1653.
John Hamond
Testor. Tho: Hatton
At a Court houlden for Kent the first of Aug' 1653
Present
f m' Thomas Ringgould, m' Tho: Bradnox m' Henry Morgan)
|m' Joseph Weeks m' John Russell Commissioners )
Forasmuch as ffrancis Bright hath brought in Court John
Smith Junior and hath accused him of ffelony for breaking up p_,8o
a Chest and takeing Severall Goods out of it, And the Court
doth Order that the Said Sheriffe of kent Shall take bond of
ffra: Bright for prosecution the next quarter Court the twentieth
of October next at S' Maries and in the meane time to keep in
Safe Custody the Said Smith and press a Guard to Stand over
him untill the next day, and in the meane time he is alsoe
required to press boat and hands and Convey him unto S'
Maries to be put into the Common Goal untill the next Court.
Vera Copia Teste me Thomas Hynson
Clarke of Kent Court
The Examination of John Smith Junior accused of ffelony
by ffra: Bright of the Isle of Kent at the County Court there
And by order of that Court of the first of this month trans-
mitted to the Provinciall Court at S' Maries for his Tryall,
292 Court and Testamentary Business, 1653.
Liber B. being taken before theGovernour and Secretary A Court held
at S' Maries this 8"^ day of August 1653.
Upon Examination as aforesaid he the Said John Smith con-
fesseth that about the Seven and twentieth of July last, he
being a hired Servant to ffra: Bright of the Isle of opened a
Chest which was then locked in his Said Masters house by
drawing the Nailes thereof; but whether the Said Chest was
his Said Masters or his Mates he doth not know. And that
he then tooke out of the Said Chest a Suit of Clothes which
he Sayeth were his own, and that he had bought them of the
Said Bright his Master, and alsoe then tooke out of the Said
Chest two Small pieces or remnants of Lockorume a Shirt a
Canvas Sheet a new paire of Shoes a Case of knives and Some
Sugar, and had likewise taken in the Same house three pieces
of Bacon three loaves of bread four twists of Tobacco and four
apples all which he had bi)und in a Bundle together intending
to have taken them with him to Virginia, but before he put
Such his intention in Execution he repented himself thereof,
and the better to Colour the busieness and to pacifie his Said
Master he told him that the Indians had opened the Chest and
had taken the things before mentioned out of the Same, and
that he never Enjoyed any of them nor removed them out of
the Said house, but that the Same were all of them restored
againe to his Said Master, Upon Consideration had by this
P- ''^' Court this present Eigth day of August 1653. of the Said pris-
oner John Smith his Examination aforesaid. And upon the re-
lacon to the Court by m' Thomas Hynson and John Ellis that were
Charged with the bringing down of the Prisoner to the Court
that the particulars intended to be Stolen were not removed
out of the Said Brights house but returned to him againe It is
ordered that the Said Smith be whiped with twenty five Lashes,
and be responsible and pay all Charges .incurred by his im-
prisonm' and punishment. And the wages w"*" he is to receive
from Bright Soe farr as it will extend to goe to the paym' of
the Said Charges, and the rest he is to be responsible for, out
of his Labours for the future. And the Sheriffe is forthwith to
See the prisoner punished according to the direction of this
Order ; which was done accordingly and the prisoner there-
upon discharged of his imprisonm' and the bond for prosecu-
•tion Menconed in the Said order at Kent is Vacated.
These presents Testify that I Henry Bishop doe bind and
deliver over all my crop unto John Medley and John Thim-
bleby for their Security for Severall debts due unto them from
me the Said Henry Bishop, as Wittness my hand this present
14''' of August in the year of our Lord God 1653.
Wittness John Metcalfe the mark of Henry Bishop
Robert Greene
Court and Testameiiiary Business, 1653. 293
Andrew Wardnor his mark for Cattle and hogs viz. over- Liber b.
keeld on both Eares with a Notch under the Nether part of the
right Eare.
M' Symon Oversea Mercli' his Mark for Cattle and hogs
viz' cropt on both Eares and a hole in the Crop & underkeeid
on the Left Eare.
At a Court held at S'"| fWilliam Stone Esq Govern'
Maries the 26'*" day of > Present I Cap' John Price
Septemb' 1653 j (m' Thomas Hatton Ser
mr John Hamond on the behalf) , The Defendant^ upon an Action
of his wife & Children pit [• brought agaiust him this day by the p- 482
Walter Pakes Defendant J Comphin' On the behalfe of his wife
and Children for five Cowes the Remainder of Six Cmves due
upon Bill from Gervis Dodson to Ann the Complts wife and
her four Children Mendoned in the Said Hill upon Record
Dated the 28"" of December Anno Domini 1652 doth accord-
ing to his former promise in that behalf upon aLre from the
Said Dodson desireing him to make payment thereof (as he
alledgeth) Acknowledge a Judgm' to the Said Complt for the
payment of the Said five Cowes to him for the use of his Said
wife and Children according to the true intention of the Said
Bill with Court Charges.
The Examination of Mary Warrow widdow
taken this day Upon Oath in open Court.
That upon Thursday in the last week of July last about
Noon the Same day four Indians, whom this deponent then
knew not, came after a bould Manner into the house of Cap'
Daniell Gookins upon the South River in Annarundell County
this Deponents then husband Jacob Warrow, this Deponent
and Jacob their Son a child of about Seven years of age
being then in the Said house where they dwelt being Ser-
vants to the Said Cap' Gookine, And after the Said In-
dians had .Stay'd in the Same house about an hour her
Said husband Stooping down upon Some Occasion, Upon
a watch word or Notice from one of the Said Indians: three
of them whereof one is now here prisoner, in a Violent Sud-
,den Manner fell upon her Said Husband and with their
weapons or Tomohawks wounded him Soc that he died. And
further this Deponent upon her Oath Sayeth that as .Soon
as She perceived that the Said three Indians were resolved to
Murther her Said Husband She not being able as She con-
ceived any wayes to help him & desireing if it might iilease God
to Save her Self and her Said Child from" .Slaughter tooke up the
294 Court and Testamentary Business, 1653.
Liber B. Child thinking to fly away with him but as She was goeing
out of the door, the fourth of the Said Indians who is now
here prisoner felled this Deponent to the Ground with his
weapon or Tomohawke wounding her in Such a Manner as
^' ■* ^ that She fell down Senceless for Some time before the door,
And that upon her Comeing to her Self againe She Saw her
Said Child to be Dead being wounded in the head, And per-
ceiving the Said Indians or Some of them busie as She con-
ceived in pillaging or robbing the S"* house She by Gods
assistance used meanes to Creep into the weeds by the Said
house and Soe by Gods providence escaped with Life, And
further this Deponent Sayeth that at the time when the Said
Murther was Committed as aforesaid there were in the Said
house three Gunns Some Good quantity of powder and Shott
and divers wearing Clothes and bed Clothes Some pewter and
three hatts to a good Value, All which the Said Indians as She
Verily believeth and for ought She could Ever understand to
the Contrary Stole out of the Said house and Carryed away
with them and further Sayth not.
Sworne in open Court
The Same day after the taking of the Deposition
above written the two Indians mentioned in the
Said Deposition being prisoners in Irons were
brought into Court, and m" Thomas Hatton Sec-
retary being alsoe Attorney Generall to the Lord
proprietary preferred an Indictment against them
in Manner, following viz.
In the name of the keepers of the Liberty of England by
Authority of Parliam' and as Attorney to the Lord Proprietary
I doe hereby by way of of Indictm' declare against Skigh-tam-
Mongh and Couna-weza the two piscatoway Indian prison'^
here present, Shewing that they upon Thursday in the last
week of July last or Some other time this last Sumer with the
Assistance of or as Assistant or consort with two other Indians
in a felonious Manner entred into the house of Cap' Daniell
Gookin in the County of Annarundell w"Hn this Province of
Maryland, and then and there in a Most barbarous inhumane
Cruell felonious Manner Murthered one Jacob Warrowe a
Negro Servant of the Said Cap' Gookins and a Child of the
Said Negroes about Seven Yeares of age, and alsoe then and
''■''"* there in like Manner Grieviously wounded the Said Negroes
wife Leaving her for Dead, And that they the Said Indians
then and there alsoe forthwith after the Said Murther Com-
mitted feloniously robbed and Stole out of the Said house
divers Gunns powder Shott, Apparell and other Goods to a
good Value, As will be made appeare And therefore pray that
Coicri ajid Testamentary Business, 1653. 295
the offenders may be brought upon a Speedy Tryall and Liber u.
receive punishm' according to Law. —
Whereupon the prisoners were Arraigned and brought to
their Answers by Interpreters being confronted by Mary
Warrow the Negro woman that escaped, and with a Gun and
Severall parcells of Clothes which had been taken out of the
house, where the Murther was Comrrtitted and found in their
Custody, and Sent down by VVarcosse the Emperor as though
taken from the Murtherers, and the prisoners as appeared by
their Interpreters, acknowledged they knew the Negro woman,
and that they were both present when the Negro man and child
were killed. Sometimes confessing and Sometimes denying as
fearfull & desireing to conceale their Guiltness. And thereupon
out of divers freemen of the County of S' Maries Summoned
for that purpose a Jury of 24 able persons was impannelled for
the' Tryall their Names being as followeth viz. m' Cuthbt
ffenwick the foreman m' William Bretton, L' Nicholas Gwyther,
m' John Sturman m' Edward Packer, L' Richard Banks, m'
Phillip Land, Lieu' William Evans, m' John Lawson, m' Richard
Hoskins, m' WiHm Johnson, m' John Medley, m' Richard
Willan, m' Henry Adams m' Robert Cadger, m''John Xicholls,
m' Daniell Clocker m' James Langworth, m' John Thimbleby,
m' W™ Edwine m' John Taylor, m' John Harwood, m' Zachary
Wade & m'Tho: Sympson,who who being all called and attend-
ing had their Charge given them upon Oath as followeth viz.
The Jurors Charge. You Shall Sweare to give in a Just &
true Verdict according to the best of your understanding
whether the two Indians now upon Tryall or either of them be
Guilty of the Murther and the other offences for which they
Stand Indicted or any of them yea or noe. And this upon the i'- -^ss
proofes and other Evidences and Circumstances to be pro-
duced and as they Shall appeare unto you, So help you God
&c. Upon which the Jury went forth And after Some time of
consideration had concerning the Matter of their Charge before
menconed. They returned their Joint Verdict to the Court in
these words following viz'
If one or both of these Indian prisoners had not consented
to the Murther of Cap' Daniell Gookins Negroes, they ought
to have withstood the other Indians in their intended Murther
or revealed it by Some means. But doing neither and receiving
Stoln Goods (as they confess) as hired to conceal it. We find
them Guilty of the foresaid Murther.
Upon the bringing of which Verdict and Serious considera-
tion thereupon had by the Court. Judgm' or Sentence passed
upon the prisoners; That they Should be returned to close
prison as formerly, and from thence to be conveyed to the
place of Execution, there to be hanged by the Neck till they
296 Court and Testamentary Business, 1653.
Liber B. were Dead, which the Sheriffe was to See pformed and Soe
God have Mercy upon their Souls, which Execucon was per-
formed the Same Evening accordingly.
The Same day upon the rising of the Court the Govern'
adjourned the next Generall Provinciall Court (formerly ap-
pointed to be held the twentieth of October next) untill the
first day of December next, and all Warrants, Sumons -pcess
and references formerly made out and appointed for October
Court to be reinforced and Stand Good for that Court.
It is Covenanted and agreed on between Paul Sympson of
the one party and Walter Peakes on the other party as follow-
eth viz' That in prosecution of a former Condicon all bargaines,
Sales, contracts and other Acts made by either party to any
person or in any kind be ratified and held for Good and* Ef-
fectuall Notwithstanding any Clause or proviso in the Said
gg Condicon to the Contrary, Item that both parties Shall and
hereby are in all things and in all respects be and remaine Co-
partners as well in their own particular ingagm" as in what is
oweing to either of them from any person whatsoever or to
any person and be alike lyable to eithers ingagem" and of
Equall power both to receive and discharge & either receiptor
act to be Valid and of like force. Item That all Lands, houseings,
Buildings, Erections, Servants Cattell houshold Stuff, debts.
Goods, Merchandize thing or things Whatsoever be and re-
maine in Comon and for the use behoofe and benefitt as well of
the one as the other and all Charge whatsoever be alike Equally
defrayed Item, That a true and lust accompt or Inventory of
each mans particular Estate be to the best of their knowledge
produced and made appeare upon the Ensealing hereof and
laid together as Comon & for the use aforesaid. Item that each
party faithfully, truely and honesdy Endeavour to their best
abilities to advantage the Said Estate and that neither party
willingly conceale any thing nor Injure one the other. Item that
Whereas there are now Severall Suits and actions commenced
one against the other, which if continued may prove prejudi-
ciall to one the other, and weaken their Estates, that upon the
Ensealing hereof they Surcease and that each man certifie the
Same to the Sheriffe by a note under their hands that the Said
actions may be withdrawn. Item It is further Agreed on by
desire of both parties and to give further Satisfaction to the
world, and that Noe Cause of Scandall further acrue that it be
Expressed th' they live not together but apart in two Severall
dwelling houses or places and not in the Same habitation And
in regard It is unanimously Soe concluded on that the Stock
remaine in the custody of the Said Peake, and he and his wife
Court and Testamentary Btcsitiess, 1653. 297
looke after the Same and Endeavour to improve or advantai^e Liber i
the Same by encrease Dairie or otherwise for both their profitls,
Item that in Regard of this Necessary Separation and that the
Said Sympson Shall peradventure live as a Sojourner or other-
wise a part and Soe by consequence not in Capacity to Enter- ^"' ^
taine his friends or acquaintance, It is concluded on that he
Shall as he Shall find Occasion Send for provisions or have
his freinds there and at the Said Peakes his house entertained
and accommodated, Item that every party Give Notice if pos-
sible to the other of any Bargaine made release or disposall of
any thing that each other's advice or consent may be had
therein, whereby they may be the better Enabled to consider
thereof, And that this Condition or agreem' remaine and be in
force untill either of them Shall acquitt or forsake the Countrey
now Seated or hereafter to be Seated within the Capes of Ches-
apeake Bay, or that the Said Sympson Marry, or with a mutual!
friendly Consent on both Sides, and then an Equall Division
of their Estate to be made. And for the better Managing of
their affairs, that each give to the other under their hands and
Seales, an irrevocable and unlimited Lre of Attorney to re-
maine dureing their Copartnership, And lastly that if the wife
of the Said Peakes happen to dye dureing this Copartnership
that then it Shall and maybe Law full for the Said Sympson to
inhabit in the Same house or if She Shall goe for England or
other Countrey dureing her absence. In Wittness hereof the
Said partys have hereunto Interchangeably Sett their hands
and Seales this 20"^ of Sept 1653.
Signed Sealed and Delivered Paule Sypson
in the presence of
John Hammond
Richard x Ware
his mark
Know all men by these presents that I Paul Sympson have
and doe hereby Constitute make and Ordaine my Loving
freind Walter Peakes my true and Lawfull Attorney irrevocable
in my Name and for my use to arrest Sue and Imi)lead any
manner of person or persons any way Indebted to me, or any g^
with whom I have any Cause of Suit (juarrell or differrence as
alsoe to acquitt release and discharge any Such party or any
otherany way oblidged ordifferring with me as alsoe to appeare,
answer and Defend me in any Court of Justice whatsoever or
otherwise, and whatsoever my Said Attorney Shall doe by way
of Composition Suite or otherwise either by himself or Sub-
stitute, which I hereby Authorize him to Make I bind my Self
hereby to ratifie, confirme, and allow of in as ample Manner as
may or might be Expressed or as if my Self were personally
298 Cottrt attd Tesiame^itary Business, 1653.
present without any restraint, Contradiction or Limitation
whatsoever. Wittness my hand and Seale this 20''' of Sept
1653. Paule Sympson
Signed Sealed and Delivered
in the presence of us
John Hammond
Richard Ware
his X mark
Whereas I L' Richard Banks have ingaged my Self to m'
Thomas Hatton Secretary of this Province upon full and Val-
uable consideration by him given me for that purpose in
Tobacco to allow unto and to Cause to be Entred upon Record
for Richard Hatton his the S'^ Thomas Hatton his Nephew one
Cowe calfe, and have in pursuance of my Said Ingagem'
already allotted to him the Said Richard Hatton one Cowe calf
together with another w*^*" out of the affection I beare to the
Said Richard being Son to my wife and liveing with me I have
thought fitt and doe hereby freely give and deliver unto him
towards the raising of a Stock for him both the Said Cow
calves being marked of his the Said Richard Hatton's own
mark the one of them being black and the other Redd and
both calved the last Spring, the Said Two Calves together with
all and Every theire Increase to be and remaine for the future
to him the Said Richard Hatton his Ex" Adm" & Assignes &
for their use for Ever Wittness my hand this 17"' day of
October Anno Dni 1653
Recognit coram me Tho: Hatton Seer Richard Banks
4'° Octobr. Know all men by these presents that I Willm
Stone Esq Governour of the Province of Maryland for a Val-
uable consideration have and doe hereby for me my heirs and
Assignes, fully and absolutely bargaine Sell Enfeoffe and Con-
firme unto Cap' WiHm Whittington of the County of North-
ampton in Virginia all and every my Land houses Orchards
and plantacon with all and Every the Appurtenances thereunto
belonging Scituate and being at Hungars and on the Seabord
Side within the County of Northampton aforesaid, now in his
the Said Cap' Whittings possession according to a former bar-
gaine and Delivery thereof from me to him Except hereafter
Excepted, l"o have and to hold the Same to him the Said Cap'
William Whittington his heirs and Assignes for Ever, with
Sufficient Warranty from me my heirs and assignes for his and
their peaceable enjoyment of the premisses against all Just
claims whatsoever Except and alwayes reserved out of this
present Sale these parcells of Land following which I have
Court and Testamentary Bzisiness, 1653. 299
formerly Sold out of my Dlvident or Tract of Land in the Liber 1
County aforesaid, that is to Say one parcel! of Land by me
Sold to the Said William Whittington as is Expressed in the
Bill of Sale thereof, and another parcell of Land by me Sold to
James Davis, as is Expressed in the 'Bill of Sale thereof,
Another to Urmston ffoster as is Expressed in the Conveyance,
the west containing one hundred acres together with two hun-
dred acres more to be added thereto by a later Bargaine
beginning at a Deep Valley and Soe running upwards along
Mattawoman Creek another to m"^ Cowdrey according to the
Bill of Sale thereof another to Richard Nottingham according
to the Bill of Sale thereof. And another parcell of Land on the
Seabord Side Containing two hundred acres to Wittm Sachell
according to his Bill of Sale or Conveyance thereof from me. p- 490
ffurther alsoe I doe by these p'sents together with the Land
and premisses before menconed Assigne over and Deliver to
the Said WiHm Whitting. my Grant or Pattent thereof. In
Wittness whereof I have hereunto Sett my hand and Scale this
third day of October in the yeare of our Lord one thousand
Six hundred fifty and three.
Signed Sealed and Delivered in the St Wiaillmone
presence of Tho: Hatton. ffrancis Pott
Memorand: that I Henry Potter doe by these pres-
^■^ °*^ ' ents fully freely and absolutely give and deliver unto
and to the use of Elizabeth Potter my wife her Ex'* Adm'^ and
Assignes one black Cowe marked as foUoweth viz. a piece
Cutt off from the upper Side of the right Eare and the left
Eare Cropt with a hole and a piece Cutt over, And the right
horn branded with three Letters E "^^ C Wittness my hand this
2f^ day of October 1653
Test the mark of
Tho: Hatton Henry x Potter
Mem'^'' That I Henry Potter doe by these presents
*^ °'^' fully freely and absolutely give and deliver unto and to
the use of Andrey Potter my Daughter her Execut" Adm'^ &
Assignes one Cowe of about four years old together with a
heifer calfe calved in May last being both of them Cropt on the
left Eare and a Slitt in the Crop and the right Eare Slitt, the
Same with all and every their Increase for the future to be and
goe towards the raising of a Stock for her my Said Daughter.
Wittness my j\lark this 28'" day of October 1653.
Henry x Potter
Test Tho: Hatton. his marke
300 Court and Testamentary Business, 1653.
Liber B. Knovv all men by these presents that I Edward Hall of
"^ °'^' the Hundred of S' Michaells in the County of S' Maries
in the province of Maryland planter lor and in Consideration
of the full and Just Summe of ffive hundred pounds of
Tobacco & Cask to rne in hand paid by Henry Potter of the
^' ''^' Hundred aforesaid planter, which I doe hereby acknowledge
hath been fully paid and Satisfied to me by the Said Henry
Potter have Granted, Bargained, Sold aliened, Enfeoffed and
Confirmed And by these presents doe for me and my heirs,
Grant, bargain Sell alien Enfeoffs and Confirm unto the Said
Henry Potter the Moyety or one half of the plantation where I
the Said Edward Hall did about five years last past Dwell, the
Said Moyety of the Said Plantacon Containing by Estimation
Seventy five Acres of Land or thereabouts. To have and to
hold the Moyety of the Said plantation unto the Said Henry
Potter and his heirs for Ever ffor by and under the yearly Rent
of one Barrell and an half of Good Sound Indian Corn and
three poultry to be Yearly paid unto me the Said Edward Hall
my heirs and assigns for Ever, And I the Said Edward Hall
and my heirs the premisses above Granted Bargained and Sold
and Every part thereof unto the Said Henry Potter and his
heirs and Assignes for Ever Shall and Will Warrant and
against all person and persons defend for Ever by these pres-
ents, The Rent above reserved being well and truely paid or
tendred to me the S"^ Edward Hall my heirs and assignes at
the now dwelling of me the Said Edward Hall upon the ffeast
day of the birth of our Lord God, or within ten days before or
after yearly. In Wittness whereof I the Said Edward Hall
have hereunto Sett my hand this 24"' day of March in the year
of our Lord God 1652. his Mark
Signed and Delivered in the p'sence of Edward x Hall
WiHm Mitchell. Tho: Bushell
Know all men by these presents that I WiHm Eltonhead
Gent doe acquitt and Discharge Henry Potter from all debt
dues and Demands whatsoever from the beginning of the
world unto this day. Wittness my hand the first day of May.
1 65 1. William Eltonhead
p. 492 Know all men by these presents That upon a full accompt
this day between me William Stone Esq Governor of this
Province of Maryland and m' Thomas Hatton his Ldps Secre-
tary here I the Said William Stone doe hereby acquitt release
and Discharge him the Said Thomas Hatton of all reckonings
Accompts debts and Demands whatsoever from the beginning
of the world to the day of the date hereof, Wittness my hand
Court and Testamentary Business, 1653. 301
this first day of August in the year of our Lord one thousand Liber b.
Six hundred fifty and three.
In the presence of William Stone
Henry Coursey.
William Stevens makes demand of five hundred
pounds of Tobacco out of the Estate of James Allen
deceased for trouble Charges and Damages in attendance of
the decedent in his own house during his Sickness.
■ Whereas according to direction given me in that behalf by
the right Honble the Lord Baltemore, I have heretofore Sold
of m'" Eure Stock of Cattle one Bull and a Steer for w"*" I have
received Satisfaction, This present writing Testifieth that I doe
hereby in Consideration of Eight hundred pounds of Tobacco
and Caske part of the Tobacco by me received for the Said
Bull and Steer, Sell and deliver to the use of the Said m'" Eures,
one Cow by me bought of Richard Bennett now usually called
by the Name of Bennit haveing a white List upon the Back
and Marked in the homes with my own Mark, Seven hundred
pounds of Tobacco part of the Said Eight hundred being the
price of the Said Cow and the other hundred in Satisfaction
of my Trouble and Charge in bringing her from the Said Ben-
netts house to my owne, as Wittness my hand this last day of
march Anno Domini 1653
In the presence of p me Tho: Hatton
William Stone
Henry Coursey.
Thomas Howard his marke for Cattell and hogs viz the left
Eare Cropt and a Slitt in the Crop and the Right Eare under-
keeled
2° dec. This Bill bindeth me Paul Sympson my Execufs p. 493
Administrators and Assignes to pay or Cause to be paid unto
Thomas Wilford gent his Executors Adm" or Assignes the
Sume of Twenty thousand pounds of Good Sound Merchant-
able Tobacco & Caske twelve thousand part of the Said
twenty to be paid upon all Demands, and Eight thousand
being the residue to be paid the twentieth of November Anno
Dni 1654. In Wittness hereof I have hereunto Sett my hand
the 19"' day of October 1654.
Signed and Delivered in the Paul Sympson
presence of John Mottrom, ffrancis Clay
Know all men by these presents that I Thomas Wilford
of the County of Northumberland Gent for a Valuable
Consideration received of Paul Sympson gent and Namely for
302 Couri and Testamentary Business, 1653.
Liber B. the consideracon of a Bill he hath made and passed unto me of
Twenty Thousand pounds of Tobacco and Caske twelve thou-
sand part of the Said twenty to be paid upon all demands and
the residue being Eight thousand to be paid the twentieth of
November Anno 1654. As by the Said Bill relacon being there-
unto had more at large it may and doth appeare. Now, know
Ye That I the Said Thomas Wilford for me my heirs Execu-
tors Adm" and Assignes, doe promise Covenant and agree to
and with the Said m' Sympson in Manner and form following
viz. That I the Said Thomas Wilford and my Assignes Shall
and will from time to time and at all times hereafter during
the Natural Life of the Said m' Sympson and as long as he
Shall live allow and find him with Sufficient wholesome meate
drink Apparell both Linnen and woollen lodging washing and
all other Necessaryes well beseeming and fitting a Gendeman,
and when Nayels and Carpenter can be had to build him a
fifteen foot house Square with a welch Chimney, the house to
be floored and lofted with Deale boards, and lined with Riven
Boards on the inside with a handsome Joined Bedstead, one
Small Joyned Table and Six Joined Stooles and three wain-
scott Chaires, and to furnish the Said room with bedding Cur-
taines «& ballance Chamber Linnen and all other things fitting
p. 494 gj Convenient And I doe promise that the Said m' Sympson
Shall have use occupy and enjoy the Said room and all things
therein Contained and Soe furnished as aforesaid onely and
Solely to his owne proper use behoofe and benefitt, all the
days of his Life without the let hindrance and denyall of me
the Said Wilford or my Assigned, And further I the Said
T homas Wilford doe Covenant promise and agree to and with
the Said m' Sympson, to buy for him once Every yeare during
his Life one Anchor of Drams a Teirce of Sack and a Case of
English Spirits to be delivered unto him at the time of Ship-
ping for his own Spending and Drinking And also to allow
him a Servant to gett him wood to burn in his Chamber, and
to doe him Such Service as he Shall Command him during all
the time aforesaid. Lasdy I the Said Thomas Wilford doe
bind my Self my Executo'' Adm's and Assignes firmly by these
presents in the Summe of Thirty Thousand pounds of Good
Sound Merchantable Tobacco and Caske to be paid unto the
Said Paul Sympson gent upon all Demands for the true per-
formance of all and Singular the premises. Covenants, and
agreements herein above Menconed and Specified. In Witt-
ness whereof I have hereunto Sett my hand and Seale the
Nineteenth day of October 1653. Tho: Wilford
Signed Sealed & Delivered in the
presence of, John Mottrom. ffrancis Clay
Court and Testamentary Business, 1653. 303
Be it knowne unto all men by these presents that I Liber b.
Richard Thurston of Boston New England marriner have
Nominated ordained and Constituted, and by these p'sents doe
Nominate, make, Ordaine & Constitute my Loveing Brethren
Charles Thurston and Robert Lord of Boston aforesaid Marriners
my very true and Lawfull Attornys Jointly and Several] for me
and in my Name and to my use to ask, require, levy, recover
& receive all & Sigular Debts, dues, Demands reckonings &
Accompts Sume & Sumes of money. Wares Merchandizes
Goods & Tobaccos due,oweing and appertaining unto me the
Said Richard Thurston by Bill, bond, Booke writing or other- ^' ''^^
wise howsoev' Giving and by these presents Granting unto my
Said Attorny's or either of them my full and Lawfull power
to Sue arrest attach, declare. Implead, imprison. Condemn and
release the Said Debtor or any of them. Acquittances or any
other Lawfull discharge for me and in my Name to make
Seale and Deliver One Attorney or more under them or either
of them to ordaine and make and at pleasure againe to revoke,
And Moreover to Say, doe, Execute, Conclude Compose,
Compound, perform and finish any Matter or things whatso-
ever, which are or Shall be needfuU or requisite in and about
the premisses as amply and Effectually as I my Self may or
might doe if I were there present in person and did the Same
my Self, Allowing Ratifying confirming & Establishing what-
soever my Said Attorneys or either of them Shall happen Law-
fully to doe or Cause to be done in and about the premisses,
And thereunto I bind my Self my heirs Execut" And Adm"
firmly by these presents. In Wittness whereof I have here-
unto Sett my hand and Seale the 27'*" day of October in the
yeare of our Lord God 1653.
Richard Thurston
Sealed and Delivered in the psence of
Anthony Binge, James Hitchcocke
Nathaniell Gowther No'"" publicus
This present writing Wittnesseth that I William Smitliof the
Province of Maryland doe make Susan Warren my Daughter
in the Same Province my Attorney to Sue for Recoveries of
all Debts or Actions of the Case as any wayes belongs to me
within this Province, or to Compound or give acquittance for
the Same or any part thereof Also Giving her the Said Susan
Warren power hereby to make any other Attorney or Attor-
neys under her for the purpose aforesaid. And what She the
Said Susan Warren or such other Attorney Shall doe in the
•pmisses I doe hereby ratifie and Confirm Giving her and them
as full power in Every particular touching the premisses as I
304 Court and Testamentary Business, 1653.
Liber B. my Sclfc may or might have. Wittness my hand this last day
P- ^"^ of may 1653. WiHm Smith
In the presence of
John Metcalfe. Walter Hall
p- 498 I 2 lanuary. Know all men by these presents that I John
Taylor of the Province of Maryland hath bargained Sold and
Delivered unto Robert Jones of the Said Province one Cowe
calfe about eleven months old Coloured black the right Eare
being cropt and the left Eare underkeeled with a nick in the
Said Eare above, To have and to hold the Said heifer with her
increase to him his heirs & Assigns for Ever Also I the Said
John Taylor doth bind me my heirs Executors and Assignes
to Warrant the Sale of the Said heifer, and to perform the
Same I have hereunto Sett my hand this 23''' of March 1652. —
W^ittness Richard Watson the mark of John Taylor I T
Robert Jones his mark for Cattle and hogs viz The Right
Eare Swallow forked and the Left Eare Underkeeled
John Bugbye aged 27 yeares or thereabouts Sworne
and Examined Sayeth
That he came into John Days house about Jan: last when
Edward Brisley came up with the Sloop and he asked Edward
Brisley how he did and he Said very ill he asked me how m'
Preston did, and I Said well, he told me he was ashamed to look
him in the face because he had made Such a long Voyage, he
Said he thought he had Gotten that which he Should never
claw of againe, I told him that I thought m' Preston would take
his Sloop again for he had Sent down an old man to look after
her. Edward Brisley Said that with all his heart m' Preston
Should have her, for he thought he Should never be able to
Sale her and he would prove her unfitt to Sale, And Said that
if m' Preston would take her he would goe to his own house
& plant, further for the present this Depon' Sayth not.
John B Bugbye
This Deposicon was taken by me his Mark
Robert Brooke Jan: the 7''' 1653
p. 499 Jobn Day Aged about 34 years Sworn and Examined in a
Suit Depending between, Edward Brisley & m' Preston, Sayth
That in or about the month of Jan: last m' Preston and Edward
Brisley being in this Deponents house m' Preston asked VA:
Brisley how he did, Ed: Brisley replyed that he was very ill,
m' Preston asked him what he intended to doe about the Sloop,
and with all whether he would part with the Sloop, Edward
Court and Testamentary Business, 1653. 305
Brisley replyed that he would with all his heart, Whereupon Uber b.
m' Preston tooke an Account in writing of Edward Brisley
what the Sloop had Earned which when he had done, m'
Preston Said to Edw'' Brisley when you are well come up to
my house and we will make an end about the Sloop Edward
Brisley replyed that he would and tould m' Preston where the
Sloop lay and bad him take her, And this is all that this
Depon' can Say in the Busieness for the p'sent
This Deposition was taken by me John x Day
Robt Brooke Jan: the g"' 1653. his mark
William Walworth aged about 22 years or there-
abouts Sworne and Examined Sayeth. —
That he was p'sent at the Same time and maketh Oath that
this Deposition taken by John Day is true and further addeth
that at the Same time m' Preston asked Edward Brisley if he
had taken all his things out of the Sloop, whereunto Ed:
Brisley replyed that he had, And thereupon this Deponent Sett
m' Preston aboard the Sloope, and m' Preston tooke the Sloop,
further this Depon' Sayth not for the present.
1 his Deposition was taken by me Robt William M Walworth
Brooke the day and year a'bove written
William Ewen Aged 45 years or thereabouts
Sworne and Examined, Sayeth.
Ihat in or about the month of Jan: last he being in the
house of John Day And John Day being present, Edw"* Brisley
then newly came with the Sloop, and in the house of the Said
John Day the Said Edward Brisley tould this Deponent that
he heard Say that m' Preston would have his Sloop againe, ''' ^"'^
And this Deponent tould him that he heard Say that m' Preston
had Sent out a Warrant to that purpose, Ed: Brisley replyed
that m' Preston Should have the Sloope with all his heart, for
She was an Ugly Bitch, and John Day being upon his Oath
affirmeth the Same, and withall Edward Brisley Said he would
go to planting or to Sea in Some Ship, for he was resolved to
goe noe More in .Such open Vessells further for the present
this Depon' .Sayth not.
This Deposition was taken by me William Ewen
Robt Brooke Jan: the cj^ 1653.
This Indenture made the eight day of August in the yeare
of our Lord God one thousand Six hundred forty Eight between
Ihomas Co[)ley of S' Inegos in the Province of Maryland h^sq
of the one part And Humphry Howell, Blanch Howell his wifi;
and Mary Harris daughter of the Said Blanch in the .Said
Province of the other part. Wittnesseth that for and in Consid-
3o6 Court and Testamentary Business, 1653.
Liber H. eracon of the good Education and well bringing up of the
Said Mary, The Said Humphrey and Blanch with the Consent
of the Said Mary doe hereby Covenant promise and agree
That the Said Mary Shall and is to Serve the Said Thomas
Copley and his Successors by way of an Apprentice the full
terme and time of tenn years fully Compleat and Ended from
the Date hereof, the Said Thomas Copley doth Covenant and
promise for himself and his Successors to Maintaine the Said
Mary in Sufficient Lodging washing Diet and Apparrell and
further the Said Thomas Copley doth Covenant and promise
for himself and his Successors not to Sell or allien the Said
Mary during the term of time to any other person or persons
whatsoever In Wittness whereof the partyes herein Named
have Interchangeably Sett their hands & Scales thfe Day &
year above written
Thomas Copley
Signed Sealed & Delivered in
the p'sence of Robert lerry. Thomas Mathews
Know all men by these presents that I Thomas Cornwallyes
of Cornwalleys Crosse in the Province of Maryland Esq for
and in Consideration of fifteen hundred weight of Good Sound
Leafe Tobacco and Caske one thousand weight whereof and
Caske I doe acknowledge to have received of Humphry
Howell of S' Inegos in the aforesaid Province planter whereof
I doe acquitt and discharge the Said Humphrey and his heirs
for Ever, The Said Humphry binding himself his heirs Exec-
utors Administrators and Assignes firmly by these presents to
pay or Cause to be paid unto the Said Thomas Cornwallis or
his Assignes the other five hundred weight and Caske, at or
before the twenty of November which Shall be in the year
1654 as also one Very Good flitch of Bacon at or before the
Nativity of our Saviour next ensueing the date hereof Have
Bargained and Sold, assigned and Sett over and by these
presents Doth bargaine Sell, assigne and Sett over unto the
Said Humphrey Howell his heirs Execufs Administ's & As-
signes for Ever, one Neck of Land within the Manno' of Corn-
wallyes Crosse, bounding towards the East upon a Small fresh
runn at the foot of the Hills called Portoback Quarter towards
the South upon the Creeke of the Long neck towards the west
upon the first Branch of the Said Creek running Northerly,
towards the North with another Small fresh running into the
aforesaid Branch, being by Estimacon about one hundred acres
more or less. To have and to hold the Said Neck of Land to
the Said Humphrey Howell his heirs and Assignes for Ever.
Yeilding and paying Yearly to the Said Tho: Cornwalleys his
I
Court and Testamentary Business, 1653. 307
heirs Executors Administ's or Assigns at the ffeast of the Uber B.
Nativity of our Saviour half a barrell of Good Indian Corne
and a Couple of poultrey, Soe long as the Said Land Shall
remaine in the possession of the Said Humphrey or his heirs,
But upon allienation from the Said Humphrey and his heirs,
the purchasers or possessor thereof Shall pay yearly at the time
afores'^ one whole barrell of Corne and a Couple of Poultrey, v- 5°^
always Provided that if in case the Said five hundred weight
of Tobacco and Caske be not paid at the day appointed
or within ten days after or the Said rent behind and not paid
in part or in all for the Space of forty days after the aforesaid
feast of the Nativity that then it Shall and may be Lawfull for
the Said Tho: Cornwallyes his heirs Executors, Adminisfs or
Assigns to distrayne upon the Said Land, or reenter & againe
possess him or themselves of the Said Land with all houses
and Buildings thereon as if the Same had never been Sold.
In Wittness whereof the Said parties have Interchangeably
Sett their hands and Scales this 13 of October 1653
Sealed and Delivered and Thomas Cornwalleys
possession give" in the p'sence of
Richard Hotchkeyes
John X Nicholes
More received by the assignnV (jf a Bill of Ilio: Coles five
hundred and Caske Soe that I doe acknowledge all is Satis-
fied for the land above menconed Except the Bacon. Witt-
ness my hand this 5"' of November 1653
Test Rich: Hotchkeys. Tho: Ccjrnwalleys
An Administracon is this day granted in the Lord
iioj.inu,-inj p|.Qpryj. ]s^ji,-,^g tQ Henry Pope and Ann his wife the
late widowe of Thomas Balmer of Putuxent deceased of the
l^sonall Estate within this Province late of the Said Decedents
upon their Oaths therein Expressed to Exhibit a -pfect Inven-
tory by the first of June next unless, to pay the debts and
keepe and make a Just Accompt when &c in the Usuall form
Know all men by these presents that I Edward
lojnnuarv Qj[^,-,j^g j,C jjo^tou in New Englautl merch' for divers
(jood Causes and Considerations me thereunto Moveing have
made ordained and in my .Stead & place put appointed and
Constituted and by these p'sents doe make ordaine Constitute
and appoint my Loving friend m' Daniell Hoare of London
Merch' my true and Lawfull Attorney & assigne for me and
in my Name and to my use to ask, demand, Levy, Recover
3o8 Court and Testamentary Business, 1653.
Liber B. and receive by all Lawfull ways and meanes whatsoever of &
from all manner of person or persons in Virg^ Providence
Maryland or the places adjacent or belonging thereto all Such
Sume or Sumes of Moneys, goods, Wares, Merchandizes or
demands whatsoever, as are due oweing or belonging unto me
the Said Edward Gibons, by or from the Said parties, by any
bond bill Specialty booke writeing Accompt or otherwise how-
soever Giveing and -p these presents Granting unto my Said
Attorney his Substitute or Assignes all my full power and
Lawfull Authority in and about the p'misses, and the Said
partyes if need Shall require, for non payment to Sue, arrest,
attach. Implead Seaze Sequester Imprison and Condemn &
out of prison to deliver and to appeare before all & all manner
of Judges, Justices and Ministers of the Law to Compound,
Cnmpromitt, Conclude agree, recover, and receive, and of the
recoverys and receipts or upon End Composition or other
agreem' acquittance or acquittances or any other Lawfull dis-
charge in my Name to make and Seale and as my deed to
deliver. And for the better Effecting of the premisses one At-
torneys or more under him to make Substitute and Appoint
and at his pleasure againe to revoke the Same, And whatso-
ever my Said Attorney or his Substitute Shall Lawfully act or
doe or Cause to be acted or done in or about the premisses I
bind my Self, & Covenant and promise to allowe ratifie and
Confirm without any retraxit disallowance or revocation what-
soev' In Wittness whereof I have hereunto put my hand and
Seale this 1 1''' day of October one thousand Six hundred fifty
and three Edward Gibons
Signed Sealed and Delivered )
in the presence of \
Peter Brackitt
John Richards
uit n ]o\\n Cage his Marke for Cattle and hogs viz. Cropt
p. 504 " ^""''"J Qf, ti^g Right Eare and two pieces Cutt out right
before on the left Eare on the uper Side.
Thomas Baker his mark for Cattle and hogs viz. the right
Eare Slitt down and the upper Side Cutt off, and two Slitts in
the Crop on that Eare, and the left Eare Slitt and the under
Side Cutt off and two Slitts in that Crop.
William Empson his marke for Cattell and hogs viz. Cropt
on the Left Eare and two Slitts in the Crop, and the Right
Eare underkeeled.
Court and Testamentary Business, 1653. 309
At a Court held at S' Maries 1 j Governour )
V ffebr Anno Dni 1653 ( present | secretary \
Upon informacon from m' William Wilkinson Gierke that
John Stringer Garpenter was lately dead at his house and that
divers of his Ghests and goods were locked up in his the Said
ni' Wilkinsons Store desireing Some direction therein and
about his funerall, This Gourt having likewise Intilligence that
the Said Stringer was much indebted, It is therefore in regard
of the Urgency of the occasion and for the better Secureing of
the Estate for the paym' of the decedents debts Ordered that
the Said m"^ Wilkinson be impowered to preserve the Said
Estate in his Gustody till his Ldps Secretary may understand
whether the decedent made any Will, or to whom the Admin-
istration doth -pperly belong that farther order may be taken
thereupon, And the Said m' Wilkinson is in the meane time de-
sired to make Search if any will be to be found amongst his
the decedents writings whether und lock and key or otherwise,
and in presence of two or three honest men to take a note of
the Said Estate in his Gustody and to Send the Same to the
Secretary and to See the decedent decendy burried with as
Moderate Expences as Gonveniently may be.
This Bill bindeth me lohn Stringer mv heirs Execut'''
2 ffebr 1 A ■ r^ 1-1 r^
and Assignes to pay or Cause to be paid unto Lap'
Richard Husbands his heirs Executors or Assigns the Just
Sume of two thousand three hundred pounds of good Sound
Merchantable Tobacco and Gaske upon all demands Wittness
my hand this 25''' of January 1652. John Stringer
Teste Edward Packer
Thomas Gager maketh demand of 700' of Tob: and
Gaske being attached in the hajids of John Stringer de-
ceased as due by him him to m' Peter Langsdale Glark who
Stands indebted to the Said Gager -jd Bill in 600' Tob: and Gaske
with Damages.
m' Edward Packer as Attorney of Gapt Richard Hus-
bands demandeth 2300' of Tobacco and Gask due p Bill
above Entred out of the Estate of John Stringer deceased
m' William Allen Merch' demandeth of Tob: and
Gaske out of the Estate of John Stringer deceased due
upon Accompt for goods lately Sold & otherwise.
^^^ M^ Philip Land nemaiuleth of Tob: and Gaske
out of the Estate of John .Stringer deceased due p.
3IO Coin^/ and Testamentary Business, 1653.
ii>er H. Walter Waterling deniandeth 727' of Tobacco & Caske
'""''' Due to him upon Accomiit out of the Estate of John
Stringer deceased.
28° die fanuarij Anno 1653. Know all men by these
""' presents that I Robert Holt planter in S' Georges hundred
in the Province of Maryland doe bind my Self heirs Executors,
Administrators and Assignes to pay or Cause to be paid unto
m' Nicholas Cawseene of the Said Province his heires Execufs
Adm^'or Assignes the full and Just Same of five thousand five
hundred weight of Good and Sound Merchantable Leafe To-
bacco and Caske, And the Said Tobacco with Caske to be
paid at S' George's hundred or near thereabouts at three
Entire paym'" the first two thousand weight of Tobacco with
5 Caske to be paid by me Robert Holt or my assignes unto m'
Nicholas Cawseene or his Assignes within S' George's River
upon the tenth of Novemb 1654 The Second paym' of two
thousand weight of Tobacco with Caske to be paid unto m'
• Nicholas Cawseene or his Assigns on the tenth day of Novem-
ber within S' Georges River 1655 The third paym' of one
thousand five hundred and Caske to be paid unto m' Nicholas
Cawseene or his Assignes the tenth day of November within
S' Georges River 1656.
And for the true performance hereof I Robert Holt doe by
these presents bind over all my Plantation, house. Land and
Orchard thereunto belonging for Security of the abovesaid
Sume of Tobacco with Caske to be paid unto m' Nicholas Caw-
seene his heires Executors Adm'' or Assignes together with
all Spch personall Estate whatsoever belongeth unto me the
Said Robert Holt within the Province of Maryland, And further
that my Said Plantacon & Land formerly belonging to m'
Nichol Cawseene Shall not be Sold till a full Satisfaction of
paym' be made Except lay Consent of m' Nichol Cawseene or
his heirs or otherwise Security put in as he or they Shall
thinke fitt. Wittness my hand the day and year above written.
Signed Sealed & delivered in the Robert R Holt
p'sence of Ralphe Crouche
Zachay X Zacharis
ffLb, ^' Mathew Stone demands for himself and m' John
Stringer 101 1' Tob: and Caske out of the Estate of John
Stringer deceased.
|.^^, ^^ Colonell Erancis Yardlcy maketh demand of Seven
hundred pounds of Tobacco & Caske as due to him
upon Specialty out of the Estate of John Stringer deceased
Court and Testamentary Business, 1653. 311
M' William Wilkinson maketh demand of 710' of i
Tob: and Caske due to him out of the Estate of John
Stringer deceased for Charges of buriall and otherwise p
Acco' as foUoweth. for the use of his Boate five or 6 dayes 50.
for the decedents being at his house 7 or 8 days in the time of
his Sickness and before and his 2 men for 15 days a piece
— 200. A funerall Sermon — 100. A funerall Dinner — 300. for
a plank for his Coffin — 60. Tottall 710. for taking Said
Accompt of the Estate and of the Goods Delivered to Cap'
Webber and m' Allen. 100. m' WiHm Wilkinson Debtor 810
to John Stringer To i'" 6'' Nailes. To a p of Shoes for Neck
Wilkinson, To a Grey pair of Stockings, to two Axes, To 2' i
Sope To Six yard & h Slight Silver lace.
ffracis Brookes make demand of 100 and odd pounds
of Tobacco and Caske out of the Estate of John Stringer
deceased.
At a Court held at ] i The Governo"^ Cap' Jn' Price
S' Maries the Sixt V present •< m' W"' Eltonhead m'
of ffebruary 1653 j ( Thomas Hatton
M' WiUiam Wilkinson having this day brought in an Ac-
compt of the Estate of John Stringer deceased according to an
order of the first of this Month. Upon Motion now made by
m' William Allen Merchant and Cap' Thomas Webber (who
produced their Severall Accompts of Goods lately Sold to the
decedent) W" Edwyn and Some others. It is Ordered that the
Said m' Allen and Cap' Webber in regard of their Occasions
of attending their Voyage for England have Such goods by
them lately Sold to the decedent restored to them againe in
kind at the rates they were Sold at, as may be found undis-
posed of at m"' Wilkinsons house or Elsewhere late in the
decedents possession and that a bolt of Holland be restored to
William Edwin which the decedent had of him lately before his
Death and no Satisfaction given and others accordingly. And
m' Wilkinson is hereby desired authorized and intrusted with
the assistance of one or two other Sufficient men upon View
of the Said Goods to deliver them accordingly, and to take
Receipts and give in an Accompt into the Secretaries office of
what he Shall Soe deliver. And it is further Ordered that
William Wareing his Covenant now produced to Serve the
decedent three years upon Condition to be taught the trade of
a Carpenter being before a freeman and Voluntarily Entred
upon that Occasion be delivered up to him. And as touching
the right to the Administracon. The Creditors are Ordered to
appeare at a Court to be held for that purpose the 15"'' of this
312 Court and Testamentary Business, 1653.
Liber B. Month at S' Maries where the Court or the Secretary who hath
power for the Granting thereof upon Consideration to be then
taken of the busieness will grant Administracon to whom it
properly belongeth. And the other busieness now Moved
relating to the Said Estate may be then taken into Consid-
eration.
John Johnson & Thomas Adams pltes | UpOH Complaint this day
Coll ffrancis Yardley & Nathanil Batts defts ) made by John JohnSOn and
Thomas Adams Craveing reliefe against Colonell ffrancis
Yardley Nathan" Batts and others for that Contrary to all Law
and Justice and in affront of the Governm' here they had lately
by force of Armes taken and Surprized a Vessell riding in
Patomock River within this Province belonging to them the
Said Compks to their great Damage. The Said Coll Yardley
in Answer hereunto Saith that he did take the Said Vessell as
prize for that as he alledged She came lately from trading at
the Movadoes or Dutch Plantacon But the Said Colonell,
Nathaniell Batts, m' Charls Thurston now p'sent in Court nor
any other their Complices or confederates in this Rebellious
Unwarrantable Action Makeing any thing appeare to the
Court that the Said could be a lawfuU prize nor that they or
any of them had any Lawfull Warrant or Authority to make
prize of her. And it appearing to the Court that the .Said Ves-
sell had lately ridd about two months together at Accomack in
Virginia which the Said Colonell could not deny, and Comeing
from thence to this Province fraighted with Cattell and Goods
belonging to Some Inhabitants here, one or both the owners
being Inhabitants of Virginia, and Comeing up (as it Seems)
with intent to Seate in this Province and none of the Dutch
Nation (Soe far as appears to this Court) having any Interest
in the .Said Vessell, and the Court (for Very Sufficient reasons)
apprehending that this Enterprize was meerly undertaken and
grounded upon a Malitious quarrell. It is therefore Ordered
that the Said Vessell with all furniture and Goods belonging
to her be forthwith restored to the Said Johnson and Adams,
and for any thing belonging thereto (goods or otherwise) which
.Shall be made appeare by proofe to have been imbeazelled by
the Said Colonell or his Complices in their late Enterprize
aforesaid the Said CoH Yardley (who takes the busieness
wholy upon himself) when the Same Shall Soe appeare upon
proofe, is to give the owners trebble Satisfacon And the Said
Colonell ffrancis Yardley for his offence herein and affront to the
Governm' is Ordered to pay forthwith three thousand pounds
of Tobacco and Caske for a ffine to the Lord Proprietary, And
the Said Nathaniell Batts appearing to be a Mayne Instigator
and Actor in this busieness in Respect of his offence therein is
Court and Testamentary Busiiiess, 1653. 313
forthwith to pay as a ffine to his Ldp one thousand pounds of Liber:
Tobacco and Caske or else be whipt with Thirty nine Lashes &
as is till then to Stand Committed, And upon the Said Charles
Thurstones acknowledgm' of his offence alledging he was
ignorantly Drawne into the Attempt upon the Colonells infor-
mation that the Same was approved of by the Governour and
Justifyable, the Court giving Credit to his relation in that par-
ticular, and his Carriage having been formerly in his tradeing
here faire and unreproveable for ought appears to the Contrary
(the Governor being pleased to remitt this his offence) he is
by the Court discharged thereof. And upon the Sheriffs motion
for an allowance for his Extraordinary pains taken upon this
occasion the Court thinks fitt to allow him 300' of Tob: &
Caske w"^*" the Said Colonell Yardley is Ordered to pay unto
him accordingly and also the other Court Charges in this Suit.
13 ffebr. I John Cornelius of the Province of Maryland
planter for me my heirs & Executors doe Justly acknowledg
my Self indebted unto Colonell ffrancis Yardley or his Assignes
the true and Just Sume of two thousand four hundred twenty
and one pounds of the best Leafe Tobacco in Caske payable
upon Demand and for the assurance of the Said payment I the
Said John Cornelius doe acknowledge Judgm' before the
Honble Cap' William Stone Esquire Governour of Maryland
this 23''' of November 1651
Acknowledged before me the day John Cornelius
and year above. W™ Stone
Indors inde
I Col ffrancis Yardley doe assigne and Sett over unto Cap'
Thomas Corwalleys all my right to this within Specified Judg-
ment under my hand this 23''' of November 1651
ffrancis Yardley
13° ffebr 1653. Execuco inde ad Satisfaciend Versus -pson
John Cornelius & requisicon Tho: Corwalleys
Ar assign Col: Yardley.
At a Court held at S' Maries 1 j Governour )
the 15'^ day of ffebruary 1653 [ P'^^^^"^ \ Secretary \
According to the direction of an Order of Court of the Sixt
of this Month Some of the Creditors to the Estate of John
Stringer deceased now attending the Court, And nothing
appearing to the Contrary but that m' WiHm Allen Merch'
(claiming on;;the behalf of himself and Cap' Rich'' Husbands)
is the greatest Creditors to the Said Estate, It is thought fitt
and m' Secretary is willing (in case the Said m'' Allen in Con-
314 Court a7td Testamentary Business, 1653.
Liber B. vcnient time make it appeare that he hath Just Power to
demand and receive the Said Cap' Husband's Debt and put in
good Security for true Administration) to Grant the Same unto
him accordingly.
And upon the Motion of WilHam Warren who Now Made
Oath in open Court that the two Bills now Shewed him Entred
by John Baily to him the Deponent the one Dated the 21"' of
September 1653 for paym' of Six hundred pounds of Tobacco
and Caske, the tenth day of November then Next, and the
other dated the i'*' October 1656 for payment of three barrells
of Corne the Same yeare were both of them delivered by him
the Deponent to m' John Stringer deceased in trust to keep
for his the Depon'^ use onely, and not deposited or Delivered
'^' ^' ' to him as Security or Satisfaction of any Debt oweing by this
Deponent to the Said Stringer And there being no Assignm'
of the Said Bills to the Said Stringer. It is ordered that the
Said two Bills be delivered up to the Said Warren.
And upon the Motion also of Thomas Bennett making Oath
this day in open Court that the two Bills now Shewed unto
him the one Entred into by Richard Bennett to this Deponent
the 29"" of march 1652 for paym' 150' of Tob: & Caske the
tenth day of November then next and the other by John Mills
to this Depon' the 1 2'*" of Aprill 1653. for paym' of 200' of Tob:
and Caske upon demand after the tenth day of November
then Next, were both of them delivered by him this deponent
to m'' John Stringer deceased in trust to keep for this Depo-
nents use onely and not deposited or delivered to him as
Security or Satisfacon of any debt oweing by this Deponent to
the Said Stringer And there being noe Assignm' of the Said
Bills to the Said Stringer. It is ordered that the Said two Bills
be delivered up to the Said Thomas Bennett.
And Whereas the Court conceiveth Some Doubt whether
the Remainder of the Said Thomas Bennetts time of Service
ought to be reckoned as part of the decedents Estate or not.
It is Ordered that the Same be left out of the Inventory of his
Estate tillfurther Consideration be taken thereupon. And that
the Goods returned in kind to m' William Allen and Cap'
Thomas Webber according to Order and appearing by their
Receipts thereof delivered into the Secretary by m''W"" Wilkin-
son be left out of the Inventory of the Said Decedents Estate.
And upon the Motion of m' Wittm Wilkinson who now
produced an Accompt of his Charges and trouble about the
decedents buriall and Estate Occasioned by his Compliance
p-5'2 with the directions of the Severall Orders of Court touching
the Same, It is Ordered that he the Said m' Wilkinson be
Satisfied out of the decedents Estate for all Such his Charges
and trouble with the first, being in the whole Eight hundred
and tenn pounds of Tobacco in Caske
Court and Testamentary Business, 1653. 3' 5
Sold to John Stringer -p m' WiHm Allen
I p' of women's Shoes ded m' Coursey at
I p' mens french dd ditto
I p' Childrens Stockings at
1 bottle of Drams at
6 p' of mens Wors: Stockings
6 p' Ditto worsted
21 Ells Yi^ Tregars
30 Ells of Dowles
1 Gros of Silver and Gold buttons
8 doz. Silv' Ditto
2 bro: Axes
2 Carpenters Addses at
2 falling Axes
1' of Thread
i^' Culoured Ditto
2 Stocklocks
I Doz. of Irish Stockings
4 bundles of Silk at
2"" 6'' Nailes
I felling Axe
I Doz. of Shoemakers knives
19 yards of Carsey
I broad Axe
I felling Axe
I broad hoe
I 3'" b'^ Nailes
4' of Ditto
4 y*^" of.Searge
4 y'"' of penniston
I p' of plain Shoes
I falling Axe
3 bottles of Drams
I p' mens plaine Shoes
1 p' Stockings
2 p' of french heeld Shoes
2 falling Axes
2'" 10' Nailes
2. 20
3 y"^' y^ Tregures
3 p"' of womens Stockings
3 Case Drams
I Stocklock
19 y""' ^ of Canvis
1 30
030'
35
035
12
01 2
20
020
42
252
60
360
12
256
30
900
72
072
48
048
48
096
30
060
26
052
36
03&
20
020
24
048
14
168
26
104
45
090
26
026
12
012
2697
36
684
48
048
26
026
25
025
45
5«5
22
022
50
200
36
1 44
30
030
26
026
20
060
30
030
42
042
35
070
26
052
90
180
190
380
12
040
30
090
240
720
22
022
16
308
3784
31 6 Court and Tesiametiiary Business, 1653.
Goods Delivered this 7"" of ffebruary 1653 unto
WiHm Allen out of m' Stringers Goods viz.
To a Case and ^ of Drams at 240 360
To I Grose'Silver & Gold Buttons 072
To 8 doz. of Silv^ Buttens 048
To 19 Ells ^ of Canvis at 16 p Ell 316
To 24 Ells Dowlis at 30 p Ell 720
To 21 Ells 34 Tregurs at 12 p Ell 255
To 4 y**' of Searge at 50 p y'' 200
To 4 y"*' of penneston 36 p y. 144
To 9 p' Irish Stockings 14 p p' 126
To 1 9 y**^ of Kersey at 36 p yard 684
2922
To 2" 20 Nailes at 90' p 180
To 3 p| of mens Shoes french'35 p 105
To 4 p' of Shoes at 30 p pair 1 20
To 2 p' of Childrens Shoes at 10 p paire 020
To 2 p' french heeles mens Shoes at 35 070
To I p' Shoes more 30 030
To 4 p' woll; mens Stock: at 42 168
To 4 p'^worst: mens Stock at 60 240
To 8 Shoemakers knives at 2 016
To 2 broad Axes at 48 096
1045
To 2 Addses at 30 p 60
To 2 falling Axes 26 p 52
To 2 Stocklocks at 24 p 48
To I Stocklock at 22 p 22
To I p' of french Sh: at 35
To I p' of weo: Stock: worst 30
247
To 9"' y^ 6^ Nailes 45 p° 427
To 2"" 20 Nailes 1 90 p 380
To an Empty Case and botdes 015
82:
247
1045
2922
5036
Court and Testamentary Busitiess, 1653 317
Received the 7'*" of ffebruary 1653 the Sume of five Thou- i.iber
sand Thirty Six pounds of Tobacco in Goods in kind and at
the Same Rate according to Order of Court from the Estate
of John Stringer which is in part as -p Bill and Accomp will
appeare
•p William Allen Jun'
Goods Delivered by Order to Cap' Webber in part
of those Goods that m' Stringer bought of him Jan: 1653.
impr To 2 Dymycasters at 140 -p hatt 280 280
To 4 Course Lockrom Shirts at 28 1 1 2 112
To a Monmouth Cap 1 7 017 017
To a red Kersey Suite 080 080
To a Dimity Wastcoate 026 026
5'5
Received this 7"' of ffebruary 1653 the Sume of five hun-
dred and fifteen pounds of Tob: in Goods in kind and at the
Same Rates according to Order of Court from the Estate of
John Stringer which is in part of a bill of his of Eight hundred ^' '''
twenty Sixe pounds and Caske, I Say received in part of a Bill
of Eight hundred twenty Sixe.
wittness. p me Thomas Webber
William Wilkinson
These presents Wittness that I George Willard planter in
Putuxant doe hereby alienate assigne and make over unto
Arther Wright planter of the Same County one black Cow
with a red Calfe by her Side with the Said Cow Marked with
a hole in the Right Eare and the hole Splitt out and the left
Eare whole with all & under the belly white, To have and to
hold the Said Cow and Calfe with all her future increase to
him the Said Arther Wright his Executors Administrators or
Assigns without any let trouble or Molestation of me the Said
George Willard my Executors Administrators or Assigns
without any let trouble or molestation of me the said George
Willard my Executors Administrators or Assignes and of from
all person or persons whatsoever Shall doe hereby Warrant to
defend the Same and to make Good the Sale. Wittness my
hand this 12 July in the year of our Lord God 1653
Teste John Hamelton George Willarde
Jn" Kale
This same black Cow hath a bob tayle and white upon the
Rump.
31 8 Court and Tesiamentary Business, 1653.
Liber B. Henry Bishop maketh Oath that in or about Christmas last
P' 5' 5 he was present when Mary the wife of Wittm Edwyn received
of William Stills a hogshead of Tobacco which was formerly
this Deponents Tobacco and weighed when this Dep° paid the
Same to Walter Pakes about two or three days before three
hundred thirty five pounds Neat as this Dep° taketh it who
Saw the Same weighed, and the Said Mary Edwyn when She
Soe received the Same Sett or Caused her mark to be Sett
upon the Said Hogshead as also upon another hogshead of
Tobacco, which She at the Same time and place Received of
^' ^' Walter Pakes, which wanted about Thirty pounds of Tobacco
of being full, and which this Depon' undertooke to fill the Said
latter hogshead of Tobacco being formerly likewise this Depo-
nents. And this Depon' further Sayth that about a fortnight
after the Said Mary Edwyn Soe received the Said two hogs-
heads of Tobacco as aforesaid, Daniell Clocker comeing to this
Deponents house desired him this Depon' to Shew unto him the
Tobacco which was Goodwife Edwyne's Saying if he liked it
he was to have it or to that Effect, whereupon this depon' went
with the Said Clocker to the Tobacco house where both the
Said hogsheads lay, and he the Said Clocker then and there
opened the Said hogshead that was full and received the To-
bacco therein and afterwards Nailed up the Same and Marked
it, And then asked this depon' whether the other hogshead of
Tobacco were as good as that. And this Depon' Answered that
it was as Good as the other for ought he knew, whereupon
the Said Clocker desired this deponent in case the hogshead
which was not full were as Good as the other to fill the Same,
And this Depon' asking him whether he this Dep' Should also
mark the Said other hogshead when it was filled with his the
Said Clockers mark he answered yes And this Deponent like-
wise asking him whether he would have this Depon' to Nayle
it up for him, he Said it was noe Matter for Nayling of it, for
that he that fetched it away might Nayle it, And this Deponent
further Sayth that he did afterwards fill up the Said hogshead
w"" Tobacco and marked the Same with a (D & C) according
to the Said docker's direction and that the Same hogshead
when he Soe filled it up ; was as he Verily believeth and for
ought he knoweth to the Contrary a Good & Merchantable
hogshead of Tobacco, All which herein before Contained or
the Same in Effect, this Deponent averreth upon his Oath to
be true, and further Sayth not
Jurat 6 dec: 1653 Coram me Tho: Hatton
p. 517 ^ This Present Wittnesseth that I WiHm Eltonhead Esq have
Sold and Delivered to Henry Potter one black Cow aged Six
yeares or thereabouts with all her Increase and doe Warrant
Court and Tesiameiitary Business, 1653. 319
the Same from all Just claimes of any person or persons
whatsoever the Cow being marked as followeth Cropt on
the right Eare and underkeeled of the left as Wittness my
hand this 3"' of March 1653. William Eltonhead
Test William Bretton.
March 3^* 1653
Received by me W'" Eltonhead of Henry Potter as followeth
viz'
inipr m' Anketell lool William Johnson for my use 300
To John Dandy for ) I John Dandy more 080
my use ) '^ [
700 J
m' Clarke 700J 380
950
950
1330
William Eltonhead
Know all men by these presents that I Henry Pountnell of
Maryland Carpenter have bargained to and firmly Sold all my
right and Title of one black Cow with a piece Cutt over the
Right Eare the left Eare Cropt and a hole and the right horn
T branded with three Letters as in Margent unto Henry
E<^ Potter or his assigns peaceably to Enjoy the Said Cow
with her Increase that Shall hereafter insue from all rights
Claimes priviledges person or persons whatsoever that Shall or
may at any time or times hereafter insue, in performance of
these p'sents I the Said Henry Pountnell doe avouch firme
Sale unto Henry Potter or his assignes as Wittness my hand
this 4"' day of ffebruary Anno 1653
his
Wittness at p'sent Henry X Pountnell
Andrew Wardnor mark
Jn° Prince
Walter Guest his Mark for Cattell and hogs viz. the
ight Eare Swallow
with two Slitts in the Crop.
^ ''"•'' Right Eare Swallow forked and the left Eare Cropt
Thomas Connery this day acknowledgeth a Judgm'
^ ^' '' to Thomas Cornwalleys Esq for Seven hundred Sixty
five pounds of Tobacco & Caske debt & Charges of Court.
Wittness his hand this third day of march 1653
the mark of
Recognit coram me Tho: Hatton Ihomas x Connery
320 Court and Testamentary Business^ 1653.
Liber B. This 3'' of March 1653
P- 5'^ I ffrancis Posey in the Province of Maryland planter doe
bind and make over unto Edward Swan of the Same Province
two Cowes of my owne proper Stock and known by the Names
of Browning and Gene, In Consideration of the Said two
Cowes I the abovesaid Edward Swanne doe Stand bound with
the Said ffra: Posey to Walter Beane for the of Eleven hun-
dred pounds of Tobacco in Caske and if in Case that I Edward
Swane am Compelled to pay the Tobacco then the two Cowes
to be delivered unto me or my assignes without lett or hin-
derance. Wittness my hand
Delivered in the presence of us his mark
John Hatch ffrancis P Posey
William x Marshall
Know all men by these p'sents that I Walter Peakes for
divers Good Causes and Considerations me at this p'sent
hereunto especially moveing have remised released & altogether
for me my heirs Executors & Adminisf' forever quite Claimed
Paul Sympson Gent late of the Province of Maryland in
America his heirs Execut" and Adminisf' all and all Manner
of Actions as well reall as-psonal Suits, debts, Dutys, quarrells,
Controversies, Debates reckonings Accompts Sume & Sumes
of Tobacco, Trespasses Clayms demands Matshipsand Copart-
nerships whatsoever w^*" I the Said Walter Pakes now have or
hereafter I or my heirs Executors & Administrators may or
ought to have, move of or against the Said Paule Simpson or
his heires Ex" or Adm" and every or any of them for any Acte
Cause Deed matter or thing whatsoever from the beginning
of the world untill the day of the date of these presents hereby
revokeing Makeing Void and Null all Lres of Attorney revoc-
able or irrevocable heretofore by me Made unto the Said Paul
Simpson under what pretext or Colour Soever In Wittness
whereof, I have hereunto Sett my hand and Seale the third day
of January Ano Dni 1653
Walter Pakes
p. 519 Signed Sealed and Delivered in the
presence of us
Tho: Willsfoard No'>- Publicus
Bridgit Willsfoard ( as"*" January 1653 this
) Generall acquittance was recorded
1 -p me Tho: Willsfoard Cle'cum Com
[ Northumb.
4'° Martij 1653, M' Daniell Barwyck this day in open Court
acknowledgeth a Judgm' to m' Phillip Land for one thousand
one hundred and twenty pounds of Tobacco and Caske.
Wittness his hand. Daniell Barwicke
Cotcrt and Testamentary Business, 1653. 321
m' Phillip Land acknowledgeth Satisfaction upon this Judg- Liber
ment from Cap' Daniell Barwick Wittness his hand this 25"'
of may 1 654. Phillip Land
Tester Tho: Hatton
4*° Martij 1653. Richard Recklesse this day in open Court
acknowledgeth a Judgment to Lieutenant Nicholas Gwyther
for the use of Cap' William Hawley for one thousand five hun-
dred pounds of Tobacco and Caske. Wittness his hand.
Rich: Recklesse
These presents Testifie that I Raph Crouch Executor of
■ Henry Hoopar Chirurgeon doe assigne over my right of the
Judgment Entred upon the Records formerly belonging to the
Said Henry Hoopar for Service done in the ffort in time of
Garrison unto m' Cuthbert ffenwick as a debt due from the
abovesaid party Wittness my hand the third of March 1653
Wittness Raph Crouch
Mathew Stone 'I
Thomas Stone J
At a Court held at S' Maries the first day p_ j^j
of March 1653.
C William Stone Esq Governour
I m' Thomas Gerrard
Present \ Cap' John Price.
I m' Thomas Hatton
1^ m' Robert Clarke
Henry Bishop maketh oath that about the Middle of No-
vember last m' John Hammond having delivered to this Depon'
a Note or Lre to Carry to Paul Sympson who was conceived
to be then upon Virginia Side of Patomock River and this
Deponent through Some Impediment not then passing over
the River returned the Said Lre to the Said Hammond again
according to his direction being then at the house at Newtowne
where he now Lives, And Walter Pakes Comeing into the Said
house forthw'*' upon the Delivery of the Said Note or Lre by
this Deponent to the Said Hamond, the said Hamond there-
upon, as this Deponent conceived, read the said Lre to the
said Pakes, but what the Contents thereof were this Deponent
remembreth not. Whereupon the said Pakes asking the said
Hamond what he should doe in the busieness, the said Hamond
replyed to the said Pakes that he were best to goe to the said
Sympson and doe the busieness himself for he knew not what
to doe therein in regard he could not send to the said Sympson
as he had PIndeavoured or words to that Effect. And further
sayth not
Jurat die & Anno predict Coram me Iho: Hatton
322 Court and Testamentary Business, 1653.
Liber B. M' Robert Clarke appointed by the Lord Proprietary for
one of the Counsell tooke the Oath of a Counsellor this day
in open Court.
Robert Cadger this day Complained to the Court against
Ann Harlow his Servant by Indenture now present in Court
for that She had without his privity or pmission absented her
Self a fortnight from his Service and prayed that She might
Either receive punishm' or that he might be Satisfied his Dam-
age by reason of Such her absence, the Court Should think fitt,
The Said Anne in Answer hereunto alledged that the Cause
of her absenting her Self was for that She had been beaten
and abused by one of her fellow Servants and Some other
allegations which not appearing in any Sort to Excuse her
P" 5" fault dierein, and the Court understanding that She had other-
wise alsoe Misdemeaned herself in pretending herself to be
with Child to her Masters Charge and prejudice. It is Ordered
that the Said Anne Harloe Shall at the Expiration of of her
time of Service by her Indenture Serve her Said Master or his
assigns one whole month in Hew of the time She Soe absented
her Self as aforesaid, according to the Act in that behalf. And
Shall afterwards (in respect of one hundred pound of Tobacco
which her Master is to pay to Henry ffox for her dyett and
house room during her Said absence and the Charges of Court
and the other Charge and trouble Sustained by her Master in
this behalf) She is either to Satisfie and pay to her Said Master
or his Assignes at the Expiration of her Said time of Service
aforesaid three hundred pounds of Tobacco and Caske or in
default thereof to Serve three months Longer
Thomas James this day acknovvledgeth a Judgm' in open
Court to Thomas Cornwalleys Esq for Six hundred Ninety
Seven pounds of Tobacco in Caske.
Phillip Land the Younger Son of Phillip Land the Elder his
marke for Cattle and hogs viz. The right Eare a hole in it and
Little piece Cut out underneath half Round, And the left
Eare Cropt and Slitt in the Crop.
These .Shall authorise my worthy friend Cap' Thomas Corn-
walleys Esq to be my Law full Attorney for me and to my use
to Sue and Implead m' Thomas Gerrard or any other in the
Province of Maryland that is indebted unto me, And whatso-
ever he pleascth to Act or Cause to be done in the premisses
this Shall ratifie and Confirme. Wittness my hand this Nineth
day of May Ao 1653
Wittness John Barber Tho: Burbage
Court and Testamentary Business, 1653. 323
Coll Thomas Hurbage by Capt Thomas 1 The Complt by his Said Liber I
Cornwalleys Esq pit. Tho: Gerrard Esq df> ) AttOmy Sueing for 2000'
of Tob: & Caske which the plte att the defendants request,
and upon his Accompt paid to one Alexander Williamson, the
Same appearing to be due by the defendants Note under his
hand now produced whereby he gave direction to one Lewis p- 5-3
Burwell his Agent or Attorney to pay the Same to the Compk,
which the Said Burwell never paid And the def'^now refuseth
to pay the Same, to which the defend' Saith that, Burwell did
pay the Debt and tooke up the Orriginall Note to Williamson,
which he vSent to the defendant amongst other Accompts who
allow'd thereof upon Accompt to Burwell, But the Court con-
ceiving that to be no Sufficient discharge against the pltes his
Note remaining untaken up. And yet Some likelyhood appearing
that the debt might be paid by Burwell (who is now dead) for
that as appears he Sent the defend' the note for payment
thereof to Williamson, It is thereupon and upon the defd'*
Mocon Ordered that before any further hearing herein. The
Complt m"^ Burbage is to Sett forth by way of Answer upon
Oath whether he or any other to his use or by his appointment
hath received the Said debt of 2000 of Tobacco and Caske o^
any part thereof from the Said Burwell or any other by his or
the defendants appointm' And thereupon the Court will then
proceed to give the Complt Such reliefe in the p'misses as
Shall be fitt.
Coll Thomas Burbage by Tho Corn- ^ The CompltS Suit by
walleys Esq his Attorney plte. Willm Smoote deft ) J^jg AttOV beincr upOU
an Action of the Case for Satisfaction upon a Bond of 4' Ster-
ling Entred into by the defend' about 20 years Since in Eng-
land to one Condiconcd for paym' of 50 dayes work in Vir-
ginia, which the defend' alledged he discharged according to
the Condicon, but prayed that he might not be Compelled to
bide any further hearing herein for that it did not apjjeare that
the plte m' Burbage had any Lawfull power as Attorny or
otherwise from him to whom the bond was entred into to Sue
in this Cause and Craved to be dismissed with his Costs and
Charges Sustained in this Suit living about 40 miles distant P' ^'*
from this Court. It is therefore Ordered that the pits Suit
against the defendant be dismissed out of diis Court for want
of Sufficient power to Execute therein And the pit. or his .At-
torney are to pay unto the defend' one hundred and fifty pound
of Tobacco and Caske in respect of his trouble & Charge
aforesaid unless the Comjjlt. or his Attorney Shall by the next
Court deliver up to the defendant the bond aforesaid the Scale
being torne off and being of that antiquity and Nature before
Expressed
324
Cotirt mid Testamentary Bnsiiiess, 1653.
iber B ■. . -r, u u- » n n u -w The defendants appearing
loer u. Ld Propry by his Attorney General! pit 1 1^1" &
Marks Pheypo, Nicholas Keeting and \ upOn a Warrant berved UpOH
Martin Kirke defendants J jj^gj^ Concerning their unlaw-
fully getting up and killing of wild Cattell. The busieness
being of Generall concernment the hearing thereof is by con-
sent on both Sides referred to be heard at Some Court to be
held the Next Generall Assembly and the Warr' to Stand in
force for their then appearance to Answer the Complainants
Suit.
Walter Beane pite ) It is Ordered that the Attachm' taken forth
Paul Sympson def> ( by the plte agaiust the defendants Estate is to
Stand in force till the Next Generall Court to be held the tenth
of Aprill next.
Upon the Motion of Thomas Cornwallyes Esq alledging
that he had Satisfied to Nicholas Cavvseene by the appoint-
ment of William Smoote the whole Charges of Court, and
other Charges which by an Order or Judgm" of the 21"" of
January 1652. he was adjudged to pay unto the Said Smoote.
The Said William Smoote now in open Court offereth himself
ready and willing to acknowledge Satisfaction upon that
Judgm' in Case Nicholas Cawseene doe discharge him upon
his Accompt to the Value of the full Sum then adjudged.
Thomas cornwaiieys Esq pit |^ The Complt and defend' John
Thomas and John siurman defts ) Sturmau on the behalf of himself
and the otlier Defend' his father doe ingage themselves
each to the other in the penalty of Tenn Thousand pounds of
Tobacco and Caske to Stand to the Award or Arbitram' of
WiHm Stone Esq Governour of this Province and m' Thomas
Hatton Secretary thereof touching all differences betwixt them
now any ways depending in Court or Referred to Assembly
Major Edward Gibons by mr ) The pltCS Suit being for 450' Tob:
Danieii Hore his Attorn plte \ and Caske debt, w'^'' the defend' ac-
john Nichoiis defendant ) knowledgeth and is Ordered to pay the
p. 525 S^rne four hundred and fifty pounds of Tobacco and Caske
forthwith to the Said Complainant his Attorney or Assignes.
John Nichoiis pit I The Complt by his Petition Sueth to be
Phillip Land defendtj relicvcd for fivc hundred and five pounds of
Tobacco «& Caske payable in the County of S" Maries upon
Demand by a Bill Entred into by the defendant to the plte the
13''' of December last, And the defendant acknowledging the
debt is Ordered to pay the Same forthwith to the plte or his
assignes the bill being delivered up and Cancelled.
28 Martij 1654. Execut inde ad Satisfaciend con estate def'
Court and Testamentary Business, 1653. 325
At a Court held at S' Maries. i
the Second day of March 1653
iWillm Stone Esq Govern') Cap' Jn° Price
m' Thomas Gerrard v m' Tho: Hatton
m' Wittm Eltonhead ) m' Robt Clarke
Walter Beane the Administrator of John Nunn deceased
produced an Accompt of which he Craved an allowance out of
the decedents Estate, being as followeth Viz.
Anno Dni 1653 The Estate of John Nunne Debtor to Walter
Beane the Administrator, p paid to the Secretary — 578. To
the Sheriffe 137 for a Bill which was Beans and by mistake
Valued in the Inventory at 400. p Severall Bills of his own
proper debt and by assignm' from others before Nunn's Death
payable out of the Estate as appears upon Record 4608. for
physick and Surgery — 120.
m' Piles — p a debt to m"^ Piles now Ordered for which two
Cowes part of the Estate were bound over for Security as
appears upon Record — 1250.
Robert Jones the decedents Servant upon his Motion for an
allowance of Clothes, Axe hoe &c and for trouble and Damage
in attending the Court Severall times, is allowed by Order of
Court out of the decedents Estate 400' Tob: and Caske
John Baily moving for an allowance out of the Decedents
Estate for Service done about the p'servation of the Estate &
-the like as appears upon Record is allowed by Order of Court
640' of Tobacco and Caske being 540 upon his own Accompt
as before and 100 by Assignment from William Marshall and
to be Deducted out of the Sume Menconed in his Bill.
These Severall debts and Accomps before Mentioned,
amounting in the whole to Eight thousand one hundred Thirty
and three pounds of Tobacco and Caske are upon the Admin-
ist's Motion allowed to and ordered to be paid by him in the
first place.
Upon the motion of William Stone Esq Governour for an
Allowance of Eight hundred and Sixteen pounds of Tobacco
and Caske due to him out of the decedents Estate by Bill and
Accompt appearing upon Record, and the Administrator
making noe objection thereto, It is Ordered that it be paid
accordingly if the Estate will Extend to Satisfie the San^e
Upon the Mocon of Lieuten' Richard Banks for an allow-
ance of twelve hundred and thirty pounds of Tobacco and
Caske due to him out of the Estate of John Nunn Deceased
being the Remainder of the Consideracon for a Servant by
326 Court and Tesiayncntary Business, 1653.
B. him Sold unto the decedent in his life time as appears by Bill
upon Record, he the Said Banks having also deposed that he
Never received the Same or any part thereof as appears also
upon Record, and the Administrator not Making any objec-
tion against his Demand herein. It is ordered that he be paid
the Same out of the decedents Estate if the Same will Extend
to make him Satisfaction.
Upon the Mocon of Cap' John Price for one hundred pounds
of Tobacco and Caske due to him out of the Estate of John
Nunn deceased by Bill from the decedent to Robt. Duglas
assigned to the Said Cap' Price as Appears upon and the Ad-
ministrator making noe objection thereto It is Ordered that the
Said Cap' Price be paid the Same out of the decedents Estate
if it will Extend Soe farr
Upon the Motion of John Medley for Six hundred Ninety
Eight pounds of Tob: and Caske due to him out of the Estate
'"'^ of John Nunn deceased being the Remainder of two bills
Entred into by the decedent to the Said Medley for payment
of a greater Sume appearing upon Record, And the Adminis-
trator not Making any objection herein, It is Ordered that the
Said John Medley be paid the Same, out of the decedents
Estate if the Same will Extend for Satisfaction, The Bills being
now delivered up and Cancelled.
Upon the Motion of William Marshall for Seven hundred
pounds of Tobacco & Caske due to him out of the Estate of
John Nunne deceased by Bill, To which the Administrator
made noe objection but it appearing that one hundred pounds
part thereof was by him Assigned to John Baily who is allowed
the Same, It is Ordered that he the Said Marshall in Satisfac-
tion of the Said Bill be allowed Six hundred pounds of To-
bacco & Caske out of the decedents Estate if it will extend
Soe farr and the bill is delivered up and Cancelled.
Upon the Motion of Walter Beane the Administrator for
one hundred pounds of Tobacco & Caske due to him out of
the Estate of John Nunn deceased by Bill assigned him by
Thomas Dynyard Since the decedents death he is Ordered to
be allowed the Same out thereof. If the Estate will Extend Soe
farr, and the Bill and assignment thereof are delivered up and
Cancelled.
Upon Mocon on the behalfe of Luke Gardiner for five hun-
dred fifty and three pounds of Tobacco and Caske due to him
Court mid Testamentary Business, 1653. 327
TheAccompt) ""'^ of the Estate of John Nunn deceased by Liber 1
& oath are I Accompt Now produced & Attested by the Said
upon the file ) Luke's own Oath, To which the Administ' made
noe objection, It is Ordered that he be paid the Same out of
the Said Estate, if the Same will Extend Soe farr
Upon the Motion of John Thimbleby for two hundred and
twenty pounds of Tob: & Caske due to him by Bill upon
Record out of the Estate of John Nunn deceased, and the
Administrator making noe objection therein, It is ordered that
he be paid the Same accordingly, if the Estate will Extend So
farr.
Upon the Motion of m'' Phillip Land & Henry ffox for two
hundred and twenty pounds of Tobacco due to them out of the p. 528
Estate of John Nunn deceased being the Remainder of 648' of
Tob: upon Bill now produced. The Adminisi' Makeing noe
objection thereto, they are ordered paym' according to their
demand if the Estate will Extend Soe farr. And the Bill is
delivered up and Cancelled.
Upon motion on the behalfe of Nicholas Cawseene for one
hundred fifty and Seven pounds of Tob: and Caske due to him
out of the Estate of John Nunn deceased by Bill from Nunn
to Phillip Land for paym' of the Same quantity and Assigned
to Cawseene by Land as appears upon Record. The Administ'
making noe objection thereto. It is Ordered he be paid the
Same accordingly if the Estate will Extend Soe farr
Upon the Motion of Robert Jones Waller Beane the Admin-
istrator of John Nunne now assigning to him the Said Jones in
open Court 50 Acres of Land, for which the Said Jones had
paid to Nunn 100' of Tob: Expressed in the Inventory. The
Court alsoe thinketh fitt to allow him 50 Acres more due to
him from the decedent by Condicon of Service and a Warr'
which the Surveyor now alledgeth he hath in his Custody for
laying out of 100 Acres for the decedent Nunn, the titles for
that 100 Acres if they be allowable upon his Ldps Condicons
are ordered to the Said Jones in Liew and Satisfaction of the
hundred Acres by him Claimed & herein before to him
Assigned and allowed as aforesaid
At the rec|uest of nV" Mary Brent, m' Cuthbt ffenwick for-
merly Attorney of m' Thomas Bushrode doth acknowledge in
open Court that he gave to her two Receipts amounting in the
whole to Nineteen hundred pounds of Tobacco & Caske as
Received of Cap' Giles Brent her brother for the use of the
328 Court and Testamentary Business, 1653.
Liber B. Said m' Bushrode upon a Judgm' of Court against him the
Said Cap' Brent at the Said Bushro4es Suite for two thousand
five hundred and Eighty pounds of Tobacco of the Sixt of
December 1648.
Upon the defendants mocon the hearing
is Respited till the Court to be held in
June next or the next Court afterward if there be noe Court
that Month, and the defend' is then to produce his proofes
Upon the Mocon of m' Edward Packer alledging himself as
Attorney for Cap' Richard Husband to be greatest Creditor to
the Estate of John Stringer deceased as appeares by Bill upon
Record, And m' William Allen vvho by order of Court of the
I s'*' of ffebruary las was to Make his power of Clayming on
the Said Cap' Husbands behalfe, appeares not having as yet
made any Such power appeare, And the Said m'' Packer
having been formerly understood to be the Said Cap' husbands
Attorney, It is ordered that upon the Said m'' Packers recording
of his Lre of Attorney from Husbands, the Secretary may
Grant to him the Administration in the behalf of Cap' Hus-
bands.
m' Georg Mee demandeth 100' of Tob: as due to him out of
the Estate of John Stringer deceased for a hatt Sold him two
yeares Since
Butrice John pite ) ]o\iX\ ButtHce Suit agaiust John Cornelius
Cornelias John deft I being for a Certaine quantity of Tobacco, and
et e Contra ) j^y^^^ Comelius Suit against Buttrice being for
a Ring both Causes are respited till the Next Court, and in the
meane time the parties may make what further proofe the Can.
Henry Medlop, at the request of m"'' Cornelius deposed
Saith That a twelve month Since he this Deponent Saw a
Ring in Mary Hattons hands which he Viewing perceived that
there was a Little Crack in the Rymme of the Said Ring, and
inlayed with black about the Stone which was Sett in the Said
Ring, which Said Ring the Said Mary Hatton told this depo-
nent that John Buttrice preferred to give her, And further
Sayth not
Jurat 2''"Marcij 1653 Coram me. Tho Hatton
Whereas Lieuten" William Lewis was Arrested to appear at
the Court at S' Maries at the Suit of William Hardwich Ed-
ward Packer maketh oath that the Said Lieuten' Lewis desired
& Authorized him as his Attorney to confess a Judgm' on his
behalf to the S'' Hardwich upon that Aeon or to that Effect.
Court and Tesfamettiary Business, 1653/4. 329
M' John Metcalfe the Sheriffe maketh Oath that L' Lewis Liber b.
did Authorize m' Edward Packer to acknowledge a Judgm' on
his behalf to m' William Hardwich as above is Expressed in p- 53°
Case he did not appeare at this Court himself. Uterq Jurat in
plena Curia 2^° Martij 1653 Tho: Hatton
m-- William Hardwich pite 1 Hi'' Edward Packer being Authorized
Lt William Lewis deft / ^g before appears by proofe acknowl-
edgeth a Judgm' this day in open Court on the behalf and as
Attorney for L' William Lewis unto m' William Hardwich for
twenty three pounds And an half of principall Good and well
Condiconed Beaver as by the Bill thereof is Expressed (which
•is Delivered up and Cancelled).
Arthur Wright maketh oath that he doth not know that m'
Cuthbt ffenwick or any other for him or by his appointment
Ever killed any hogs of m' Robert Brookes, onely this Depon'
about or a Little before the time that m' ffenwick went to Seat
his plantation at Putuxent Saw Some Singed Porke in a Boate,
which m' ffenwick Said was killed at the place where he was
going there to Seate upon his own Land, And further this
Deponent Cannot Materially Depose
Sworne in Open Court. Tho: Hatton
The Deposition of Ralph Hazleton aged 23 years
or thereabouts Sworne & Examined the 26''' day
of ffebruary 1653. Sayth.
That he went with m' Cuthbt ffenwick and his people being
bound to Putuxent to Seate his plantation there, And Comeing
a shore the Snow lying upon the Ground, this Depon' Sayth
they found the feeting of Many hogs, and he goeing to take
up their Lodgings he Came to the hogs beds, where they
resolved to take up their quarters. And that the rest went to
Look after the hogs but could not find them, But in the Night
the hogs Came and disturbed them, Whereupon m' Eltonhcad
and m' ffenwick Commanded this Deponent and the rest to
Shoot at them, Soe that with our Gunns and Dogs we killed
five Sowes and barrows and one bore that Night. Phe Ears of
which were reserved and after put in the loft Ihe marks of
which being Severall this Deponent doth not remember them,
And that m' ffenwick Said, if any one laid Claime to them he
would Make them Satisfaction, And this Deponent further
Saith that about three weeks or a Month after he being Sent
by ffreindship Toungue to the Crosse for more pvision for the '''
people, m' ffenwick demanded of this Deponent, if he had
lately Seen any more of diose hogs, who answered not, he
then bid this deponent to tell ffriendship Toungue he would
330 Court and Testamentary Business, 1653/4.
Liber B. havc him looke for them, and kill what he Could for Many
men laid Claime to them, and he would beare him out in it,
And further Sayth not the Mark of Ralph X Hazleton
Sworne before me the day and year above written
Job Chandler
Upon the mocon of m' William Wilkinson Shewing that by
an Order of the 15"' of ffebruary last he was Ordered to be
Satisfied for- his Charge & trouble about the Estate of John
Stringer deceased being incurred upon the direction of Several!
Orders, but his Accompt being not then perfected the Sume
was not by that Order Ascertained which appearing by his
Acco' now produced to be Eight hundred and tenne pounds of
Tob: & Caske as appears upon Record, also It is ordered that
he be paid the Same out of the decedents Estate with the first
according to the direction of the former Order.
Thomas Bennett at the request of Walter Waterlyn deposed
Sayth that m' Stringer about November last received of the
Said Walter two hogsheads of Tobacco (the weight he knoweth
not) promising the Said Walter to discount Soe much Tobacco
for his use with Cap' Cornwalleys, and the Said Stringer told
this Deponent that he had discounted it accordingly And
further he knoweth not.
Sworne in open Court 2 March 1653. Tho: Hatton
To the Right Wor" Cap' William Stone Governour
and the Worshipfull Concell.
The Humble Peticon of Richard Moore Sheweth.
That Whereas your Petitioner being Molested by Michael
Baisey and threatned to take your Petition" Land from him
and burn his house and Continually Remaine in Such Lan-
guage unto the disturbance of yo' poor petition'
Your Petitioner humbly Craveth that an Order may be
Granted from this Court that the Said Baiseys Lyne
P- 532 may be Laid forth between the Said Baisey and Yo"'
Petition"" which m' Clarke hath been twice to doe it and
he will not Suffer it to be done. That yo' Pef may
know what properly belong to be his Right that Yo'
Petition' may live quietly in his last age.
And yo' Petition' Shall pray
Upon the Petition of Richard Moore above recited, It is
Ordered that the Survey of Anthony Rawlings his Childrens
Land (being the land Menconed in the Petition) be perfected
according to the Certifficate thereof returned and Pattented,
And then if the Said Children or any on their behalf have any
Court a7id Testamentary Btinuess, 1653/4. 33 1
Cause of Complaint for want of the due quantity they may Liber b.
apply themselves to the Court for releife therein.
Walter Pakes acknowledgeth a Judgm' to m' John Hallows
for Eighteen hundred pounds of Tobacco and Caske in open
Court.
mr cuthbt ffenwick pite | ^he hearing of this Cause being by
Henry ffox defdt as Atiorny V Order in Juue Court last respited till
for Cap. Mitchell ) ^j^j^ q^^^^ '^^^ pj^^ ^^^ dcclareth that
he Sent by Cap' Mitchell fourteen hundred and fifteen pounds
of Tobacco and Cask into Holland with direction that the Said
Cap' Mitchell Should pay the produce thereof to m' Lawrence
Coughen of Amsterdam as appears by his ingagment in that
behalf under his the Said Cap' Mitchells hand of the 4"' day of
March 1651, hereunder written, which the Said Cap' Mitchell
never performed to the pltes great Damage who hath been
out of his Tobacco almost four years, And that the Said Mitchell
being arrested the defendant his Attorney did ingage himself
to be responsible for the debt, In which respect and for that it
appears the defendant ffox undertooke the Debt. It is Ordered
that the def' ffox doe pay to the Complainant two thousand
pounds of Tobacco and Caske in full Satisfaction of the Said
Debt and Damages, And the Said Cap' Mitchells Said ingage-
ment is delivered up & Cancelled (being as followeth).
Know all men whom it may Concerne that I Cap' WiHm
Mitchell Esq doe acknowledge have transported 4 hhds of ^' ^■^^
Tob: of nV Cuthbt ffenwick's Containing 141 5' Tob: neate
which I doe ingage mySelfe to be accomptable for at Such
Value as Shall be made thereof (upon the Accompt of m' Law-
rence Coughen of Amsterdam Merchant) for the produce as
Wittness my hand the 4"' day of March 1651.
William Mitchell
Wittness. W"' Eltonhead
William Boreman pite 1 The defendant acknowledgeth a Judgm'
mr Kobt Clarke defcude / to the plautiffc of thirteen hundred and five
pounds of Tobacco and Caske upon the Accompt here Under
written.
M' Robert Clarke Debtor to William Boreman
for a Voyage from Accomack 500 ^
for beef at Sevcrne 50 j
for more Beefe 300 !
for 2 Gallon of Sach t6o f '^"^
for a Gall & 3 p'' drams 175 |
or I GaH ^ drams 120 J
332 Court and Testamentary Business, 1653/4.
Liber B. winiam Stone Esq Governr pit 1 The defend' ackiiowledgeth him-
Arthur Lehay defendant f self to owe unto the Complainant
three hundred forty and two pounds of Tobacco upon the
Accompt under written
Arthur Lehay Debtor to the Governour
I Match Coate 60 i Coverlett 120
7 Ells Linnen at 12 72 2 Ells Holland 27 54
I peck Salt 6 i pair of Shoes 30
Sume Tottall is 342
At a Court held at S' Maries.
3° die Martij Anno Dni 1653
Present as the day before
Walter Beane maketh Oath that John Slingsby about two
years and a half Since Served this deponent about a Month or
thereabouts for which W'" Stephenson was to pay to the Said
Slingsby three hundred pounds of Tob and Caske w'='' was
Never paid to the Said Slingesby Soe farr as this Deponent
knows.
Jurat 2 Martij in open Court. Thomas Hatton
p. 534 Upon the Motion of John Slingesby and the proofe above
written It is Ordered that he be paid the 300' of Tobacco and
Caske above Mentioned out of the Estate of William Stephen-
son if the Same will Extend to Satisfie the Same, unless Hum-
frey Atwicks the Administrator Shall the Next Court after
Notice hereof Shew Good Cause to the Contrary.
Thomas cornwaiieys Esq pit 1 The pltes Suit being for 835' Tob:
Arthur Lehay defendant / gj Caskc debt by AcCOmpt and 265'
Tob: Damage, The defendant Answers that he hath paid the
debt by 300 to the plte and 500 to m' Weston upon the pltes
Accompt. But the defendant not making any thing appear to
Satisfie the Court that the debt or any part thereof was paid,
And the plantifTe upon the defend" Mocon Making Oath that
neither he nor any other to his use or by his appointment (Soe
farr as he knows) Ever received any part of the debt before
Mentioned, It is Ordered that the defendant pay to the plfe
the Eight hundred thirty and five pounds of Tob: & Caske
principall debt with Court Charges.
James Lindcscj- plte ) '^^^ hearing of both these Cause are by
Thon.iis Busheii def I Couseut on both Sides respited till the Next
cteCont.a J ^^^^^
Court and Testa^nentary Bushiess, 1653/4. 333
mr ffrancis Brookes plte 1 The Attachment taken out by the plte Liber 1
mr Paul Sympson defendt / ^g' the defend"' Estate and laid upon the
Same in Joh Medleys hands, is ordered to Stand in force till
the Next Cropp, And the phe may then proceed thereupon if
he Shall think fitt, the Said Medley alledging he hath not any
of Sympson's Estate in his hands for the present that can be
responsible for Satisfacons of the pltes debt.
To the Wor" Thomas Hatton Esq Secretary
of the Province of Maryland these p'sent
Worthy Sir
After my Service presented to yo' Self and m" Hatton,
these are to Certifie you that I have taken Order with Good-
man Medley to pay You one thousand pounds of Tobacco &
Caske which I pray receive of him, and give him a discharge
for Soe Much, and I Shall (if any more be due) Satisfie you
with the Most Expedition I Can, Sir the Sheriffe hath laid an
Attachment upon 5500' of Tob: of m' Wilfords for my debts,
You May therefore be plased to take Notice that the Tobacco
is not mine for I assigned it to him in November last, and '^' ^■'^
besides Goodman Medley hath a discharge under my hand
which was done likwise in November, which I pray Sir be
pleased to demand of Medley that it may be Seen in open
Court, for I wholy depend of the Said Tobacco for to Satisfie
you and Some others on this Side. Sir I beseech you doe m' *
Wilford what right you May in the premisses and I know he
will be gratefull to you, not Else at present more then the Ser-
vice of. Yo' Servant
ffebruary 24"* 1653 Paul Sympson
Upon the back of this Letter is indorsed as followeth Viz.
3° Martij 1653. John Medley ingageth himself to be m' Hat-
tons Paymaster for the one thousand pounds of Tobacco and
Caske within Mentioned in open Court the day and yeare
abovesaid. In the presence of us.
William Eltonhead, Rob' Clarke
M' Arthur Turnor this day in open Court acknowledgeth
himself to owe to m"^ Thomas Hatton Secretary of this Prov-
ince upon John Hatches Accompt for the debt of Skipper
Jacob Dcrrickson three hundred thirty and one pounds of
Tobacco and Caske and for the Same acknowledgedi a Judg-
ment.
. j It is Ordered that an Attachment for
sdaie deo ) 700' of Tob: & Caskc for debt and Dam-
ages lately Served upon the defendants Estate in the hands of
334 Court and Testamentary Business, 1653/4.
Liber B. Jolifi Stringer before his death at the Compltes Suit be Con-
tinued in force against the Said Estate in the Administrators
hands or otherwise till the defend' by himself or his Attorney
Shall Appeare and Answer the pltes Suit in this Court, or this
Court take further Order therein.
Thomas Connery pit ) Upon the Motion of the defend' by
m' Henry Hooper deft / james Veich desireiug a respite till the
Next Court in regard of Some Urgent Occasions which would
not permitt him to attend this Court, It is thereupon Ordered
that the hearing be respited till the Next Court, And that then
if there be Cause the Court will allow the plte Such Charges as
Shall be fitt. in respect of this delay.
To the Hon"^ W"" Stone Esq Gov' &c and the wor'
Councell &c
The Humble Petition of Thomas Connery
Sheweth.
That Comeing out of Virginia by the perswasion of Henry
(3 Hooper who promised your Petitioner to furnish him with all
Necessaries as was Needfull for him. Your Petitioner Notwith-
standing desireing nothing of him onely that the Said Hooper
Should build and Cleare for your Petition"^ Soe much as yo'
Peticon"' built and Cleared for him, as for dyett your Petitioner
• agreed with the Said Hooper that he Should put in his allow-
ance in Corne, as for other dyett he the Said Hooper was to
find all. Your Petition' hath often demanded the work of the
Said Hooper, but he denyeth the Same, bidding your Peti-
tioner to take his Course. Whereupon your Petitioner arrested
the Said Hooper to make his Answer at this Court. And he not
appearing upon the writt he desireth this Court to pass an
Order on the behalf of your Petition' he being Lawfully Sum-
moned there. And he Shall Ever pray &c.
Robert Kicbins plte | Upon the Complainants Petition here-
Kobtwairendefendt) under Written It is Ordered that he the Said
Complt be Satisfied out of the defendants Estate attached in
the hands of WiHm Turner three hundred Seventy and five
pounds of Tobacco and Caske with Costs of Court in liewe or
discharge of his whole demand of Corne Clothes &c put p
Petition.
Execuc inde 9 Martij -px ad Satisfaciend.
To the Wor" the Governour & Councill of Maryland
The Humble Petition of Robert Richins.
Sheweth.
That yo' Peticon' faithfully pformed his Covenant of Service
In this Province, and was Servant to one Robert Warren who
Cotirt and Testamentary Business, 1653/4. 335
is not now resident in the Province nor intendeth (as is Sup- Liber i
posed) to return hither. Wherefore yo' Petitioner humbly
Craveth that he may be Ordered to recover his Clothes Corne
&c according to his Condition of Covenant out of his Said
Master's Estate in this Province which is under Attachment for
that purpose. And he Shall ever pray &c.
mr Robert Clarke pit ) . Hic Complt Suit being to be relieved
William Boreman deft ] touchiug oue John Abbott his Servant whom
he lent to the defend' about two years Since to goe along with
him in his boat to Virginia upon Condition to restore him
againe at his returne thence but hath ever Since refused either
to return the Servant or to give the plantiffe Satisfaction for
his time of Service, To which the defend' Denyes that he ever
accepted of the Servant upon these termes, and Saith that he P" ^^^
ran away from the defend' in Virg"* and that he could never
find him againe, though he procured a hue and Cry after him
there, It is thereupon Ordered by Consent of both parties that
the now defendant do acquitt the now Complt of thirteen hun-
dred and five pounds of Tobacco and Caske for which the Now
Complt and then Defend' did yesterday acknowledge a Judg-
ment to the Now defendant then plte in that Case, And that
the Now Complt doe assigne over to the defend' Boreman
the Said Servant together with his Covenant of Service &
note of Charge and procure the Same Covenant to be attested
as also the Said Note of Charges, And both parties are to
beare and pay theire own Charges and Cost of Suit in this and
the other Suit before Mentioned.
ffrancis Posey this day in open Court acknowledgeth a
Judgm' to Henry ffox of Nine hundred pounds of Tobacco and
Caske
Upon the Motion of m's Mary Brent on the behalf of Cap'
Giles Brent her Brother Informing that m' ffrancis Brookes the
20"^ of June 1 65 1 obtained a Judgm' against her Said brother
of 500' of Tobacco & Caske for hire of a Boate which She
alledgeth was Soe by him hired upon the Lord prop'' Occa-
sions and prayeth that her Said brother may be discharged
thereof and that m' Brookes may have Satisfaction for the
Same, and the Court Charges arising thereupon out of the
Lord Prop'^s Estate, And it now appearing to the Court upon
the Said m' Brookes his Information and other Credible rela-
tions that the Said m'^s Brents Information was true. It is
ordered that the Said Cap' Brent be discharged of that Order
and that nV Brookes be Satisfied his Said Judgment and Court
Charges thereupon by his Ldps Receiver out of his Ldps
336 Court and Testamentary Business, 1653/4.
Liber B. Reiits and other Revenues here, And upon the Mocon of m'
Hattoji his Ldps Attorney Generall on the behalf of his Ldp
(who had made what defence he could on his Ldps behalf
herein) desireing (in respect the busieness did as he conceived
relate to the Republick and therefore not proper that the
Charges thereof Should be laid upon his Ldp) that though
Satisfaction were made to Brookes according to this Order for
g the p'^sent yet that it might be given in with the other publick
Charges the Next Assembly to be allowed and Cost into the
publick Leavy. Which is Ordered accordingly.
Know all men by these presents that I Symon Groves of
New England Tob: Rowler doe Nominate and appoint my well
beloved freind Daniell Clocker of the Province of Maryland
planter to be my true and Lawfull Attorney for me and in my
Name to ask demand receive all debts, dues and Demands as
Shall appeare to be due unto me. And if in Case of non paym'
to Sue arrest and Imprison or Implead and out of prison to
Release as if I my Self were there in person, and doe by these
presents allow of what he the Said Daniell Clocker Shall Law-
fully doe in the premisses. Wittness my hand this third day
of Aprill 1652
Sign Symon Groves
Test Edm: Wormell, Henry Coursey
Phillip Land.
Symon Groves by Daniell ) The Complt by his Attorney Sueing
ciociier his Attorney pit [■ for Eight hundred and Nine pounds of
William Edwyn defend. ) 'Y^^. ^ gjj, ^^^ gj^j^^^ g;^ ^^ AcCOmpt
due to him from the defendant. The defendant Saith he paid
the Tobacco as appeares by Henry Bishops Deposition and by
one hogshead which he paid to Groves himself And the pltes
Attorney confessed he heard the plte Say he had received one
hogshead, upon which and upon the Reading of Henry Bishop's
Oath, It is by Consent of both parties Ordered that the defend'
Shall have up his Bill and both parties to beare their own
Charge in this Suit, and Soe the Same to have an End.
To the Honble W" Stone Esq Govern"^ & Council of State
The Humble Petition of Robert Taylor
Sheweth.
That John Hambleton Standeth Indebted to yo' Peticon'
1000' Tob: in Caske and refuseth paym' he therefore humbly
praycth Order against the Said Hambleton for present paym'
with Costs of Suit, And Shall pray &c.
Court and Testamentary Business, 1653/4. 337
To the Honble Wittm Stone Esq Gov' & Councill of State Liber b.
The Humble Petition of Robert Taylor
Sheweth.
That your Peticon" Maid Servant being with Child fathers
it on John Hambleton, and although the matter Cannot be ''
Determined untill the time of Delivery, yet forasmuch as he
hath been Caught Suspiciously and uncivilly with her and that
he obscures himself from the Sheriffe, and that he hath no
residence nor Estate in this Province to ingage his aboade
He humbly prayeth an Attachment may Issue out against
Such Estate of his as Shall be found, untill he put in Solvent
Security to Answer the Suit and make Good yo' Petitioner's
Sufferings. And he shall pray &c.
Upon the Petition of Robert Taylor against John Hambleton,
It is ordered that Taylor make Stoppage of what Goods of
Hambletons he hath in his Custody, and that Giving a Just
Accompt thereof they remaine in his Custody as Security to
be responsible upon the hearing for the Said Taylors Satisfac-
tion or to be disposed of as the Court Shall direct
The Deposition of Ales Harris aged 30 years or
thereabouts Sworne & Examined Sayth.
That She this Depon' Comeing from Greens Rest to fetch
about m' Greens Cattell, She Saw in S' Peter's field one Cowe
which went under the Name of Zachary Wades and which was
the Cowe that John Dandy (as he Said) had the milk of, being
a matter of a fortnight after Easter in the year 1651. and alsoe
after the going away of Skipper Jacob his last Voyage being
here, And further Sayth not Sworne in open Court.
To the Honble the Governour & Counsel! of Maryland
The Humble Peticon of W"" Harrison on the behalf
of George Abbott Merchant.
Sheweth.
That John Hambleton being indebte to m' Abbott about
loooo' of Tob: and Caske, and y' Petition'^ having procured
2 Severall Warrants to have him arrested, & he unlawfully
absented himself. Now yo' Petition'' humble request is that an
Attachm' may issue out against his Estate he having Nothing
but what those Goods he had of m' Abbott, hath produsd.
And Yo' Petitioner Shall Ever pray &c
Upon the Petition of George Abbotts Attorney against John p. 540
Hambleton, It is Ordered that Stoppage be Made of 1 lam-
bleton's Estate in whose hands Soever it be within this Province
Soe as die -Same may not be removed out of the Province nor
338 Co2irt mid Testamentary Business, 1653/4.
Liber B. Imbezlecl but may be responsible upon hearing for m' Abbotts
Satisfaction or otherwise as the Court Shall direct, the Court
being not as yet well Satisfied touching the Legality of
Granting out an Attachment in this Case, but yet is willing to
afford the Petitioner any fitting reliefe
Robert Newman pit 1 The defend' having attended all this. Court
ffrancis Poesey deft ] upon an arrest at the phes Suit and none
appearing to prosecute though the pite by proclam made by
the Sheriff in open Court were publickly called thereto It is
ordered that the Compltes Suit be dismissed for want of prose-
cution, and to pay the defendant three hundred pounds of
Tobacco and Caske in respect of his unjust trouble Charge
and Vexation besides Court Charges, The defend' living about
loo Miles from this Court.
Pauisympsonpite-i This Suit is dismissed for want of prosecu-
ffrancis Posey deft | ^Jq^ ^^^ the pltc to pay the defend' 300' Tob:
in Caske in respect of unjust Molestation &c as in that of
Newman.
mr John Haiiowes pit ) The pltes Suit IS dismissed for want of
mr Cuthbt ffenwick deft / prosccutiou with 300' of Tob: & Caske to
be paid by the plte to the def for unjust Molestacon &c as in
the former Nonsuites.
Peter Johnson pile i The pltc is nonsuited for Want of
John Tennison & his wife defi / prosecutlou and Ordered to pay 300'
^ Tob: for unjust Vexation &c as in the former Nonsuites this
Day.
At a Court held at S' Maries
the 4''' day of March 1653
Present as the day before
Thomas Cornwallis Esq Attorney of m' John Haiiowes the
Attorney of Cap' Henry ffleetethis day in open Court acknowl-
edgeth Satisfaction upon a Judgment of Court of the Eight
''■ ^'*' of June last whereby m' Willm Eltonhead was Ordered to
pay fifteen hundred pounds of Tobacco to Cap' ffleet or his
Attorney as thereby appeares
Walter Pakes this day acknowledgeth a Judgment in open
Court to the Governour William Stone Esq for one thousand
Eighty Seven pounds of Tobacco and Caske being in full of
all Accompts debts and Demands to this present day.
Court and Testatnentary Business, 1653/4. 339
wiiim Whittle pite "I Whereas by an Order of the 22"' of Liber b.
Capt Kobt Vaughan by mr I March AiiDo 1 65 2 the matter thereby
Henry Coursey i,is Attry dec J j,^ ^^ugstion was respited till the Second
day of the next Generall Assembly to be heard at a Court then
to be appointed. Now upon the Compltes Mocon Informing
that he is Much prejudiced in the delay of hearing herein Noe
Assembly having been heard Since that Order nor any as
yet appointed, This Court upon Consideration thereof has
thought fitt, And doth Order that the defendant upon Notice
of this Order to be given him Shall by himself or his Attorney
appeare at the Next Provinciall Court to be held at S' Maries
the tenth day of Aprill next to Answer and abide Judgment in
this Cause, Notwithstanding the former Order of Reference,
And in Case of his default of Apearance according to the
direction of this Order upon Oath made of Notice given him
as aforesaid the Court will then proceed upon the hearing
Notwithstanding Such his default.
Upon the motion of John Hamond as Attorney on the
behalfe of Mary the wife of Robert Taylor in regard noe man
hath appeared to prosecute against her this Court, And the
offence wherewith She Seems to Stand Charged (if any be) is
Charged as done in Virginia under another Government, and
of which the Court or Governm' here is conceived to have no
Cognizance. It is therefore Ordered that in Case none appeare
to prosecute agst her At the next Provinciall Court to be held
at S' Maries & Shew Good Cause to Move the Court to take
further Cognizance of the busieness She Shall then be dismisst
and left at Liberty to psecute her Accusers if there be Cause.
To the Honble William Stone Esq Governour &c p. 542
and Council of State.
The Humble Petition of John Hamond.
Sheweth.
That your Petition' and his wife riding to Putuxent Came
late in the evening to m' ffenwicks house, who desired of yo'
Peticon' to lend his horse, but was denyed, protesting his
earnest occasion to be back again Suddenly, Soe your Peti-
tioner delivered his horse and furniture to one who undertooke
to take Care of it untill his return from the other Side the
River. But the Next Morning the Said ffenwick tookc away
the Said horse and furniture and detayned it five weekes and
four dayes in Contempt of him and at last after many Mes-
sages he Sent it home detayning a Carpctt Cost 300' Tob: with
the bridle Changed the Saddle Torne to pieces, one Stirrop, noe
Girt, nor Saddle Cloth, and refuscth to make any Satisfaction
for his abuse and detention, he therefore humbly desireth con-
340 Cotirt and Testamentary Btisifiess, 1653/4
Liber B. sideration may be had herein and that he may have restitution
of the things Spoiled and detayned & Satisfaction for the use
of his horse and Damage occasioned thereby with Costs of Suit.
And Shall pray.
mr John Hamond pite 1 The Compltes Suit being for Satisfac-
mr cutiibt ffenwick deft / ^Jq^, f^j. ^-j^g ^gg ^f ^[5 horse and the other
Charge pnt -p his Petition, To which the defend' Saith that he
borrowed the horse of one Recklesse not knowing but that it
was his, and that when he understood otherwise, he Sent the
horse with the other things Complained for home to the plan-
tifle by one William Wareman, It is thereupon by Consent of
both parties ordered that the defendant making it appeare by
proofe by the Next Court, that he delivered the Carpett and
other things Complained for to Warman the plte is to take his
remedy against him for the Same, but for want of Such proofe
the defend' is to Make Satisfaction in that particular as the
Court Shall then think fitt. And as touching the use of the
horse the pit is Contented (the defend' paying) Court Charges)
not to require any Satisfacon therein, which is Ordered
accordingly.
Edward Brisiey plte \ 1 he hearing of this Cause is upon Motion
mr Rich: Preston deft I ]\/[ade on the defend"^ behalf respited till the
next Court
p- 543 J<obt Taylor pile, Henry -j -phg hearing of both thcse Causes is
Ketchmey & his wife deft* V • 1 -ii 1 ivt /-
in 2 Causes j respited till the JNext Court
To the Honble William Stone Esq &c and Councill
of State.
The Humble Petition of John Hamond
Sheweth.
That your Petitioner being Newly come into this Province
and Something Straitned for Provisions bargained with Phillip
Land for a Cowe and Calfe as by Speciality will appeare, and
hath at appointm' of the Said Land come Sundry times and
beene Sent to Sundry places for the Said Cattell, but hath ever
beene abused and deluded by him, Soe that for want of them,
he hath bought his provisions at Excessive rates to his Great
Impoverishm'
He therefore prays Order for the Said Cattell with damage
for his Travells, want of them, and Delusions, as alsoe that he
having Soe often fooled yo' Petition' in Seeking after them
that he may be Compelled to deliver them at yo' Petition''
house and Satisfie him Costs of Suit Expended, And he Shall
pray &c.
Court and Testamentary Business, 1653/4. 341
mr John Hamond pit ) The pit (as by his Peticon) Sues to be Liber b.
mr Phillip Land deft \ relieved touching a Cowe with a Calf by her
Side which was to have been delivered by the defend' to the
plte by the Sixt of June last (as by Bill appears) which damages
the defend' Answers that he did appoint a Cowe and Calfe for
the plantiffe in Satisfaction of his Claime, which he might have
had at WiHm Lucas his house, and which is Still ready for him
there, But it appearing that the plantiffe hath made Severall
Journeys for the Said Cowe and Calfe which he could not
receive, It is Ordered that the defendant doe pay to the
Complt a Cowe with Calfe and a Yearling Calfe and three
hundred pounds of Tobacco in Caske in respect of his trouble
and Damages together with Court Charges, and the Bill to be
delivered up to be Cancelled which is delivered up and can-
celled accordingly.
11° April 1654. I doe acknowledge Satisfaction upon this
Judgm'
Coram. Tho Hatton John Harfiond
^ J u ,, . c- , The Compltes Suit p. 544
Devoreux Goodwyn by mr Mathew Stone T i • r i r 'r
his Attorny plte I being for 591' of To-
mr Lawrence Starkey by m' ffenvvick his Attorny >. baCCO and Caskc, The
*" ^" • defend' by his Attorney
desires respite till the Next Court to produce his proofes which
is allowed him, And both parties are Ordered then to attend
the hearing
Thomas Cornwaiieys Esq plte ) This Cause Comeiug this day to
Thomas Gerrard Esq defendt J be heard by Consent of both parties
Notwithstanding a former order of Reference thereof to the
next generall Assembly of the 8''' of June last. Now upon the
reading of another former Order in this Cause of the 20''' of
January 1652 and of the Compltes Petition then Exhibited,
and upon hearing the allegacons on both Sides touching the
Matter in question It appeares to this Court that the Maine
Scope and Substance of the pltes Suit is to be releived against
the defd' touching Certaine debts or other Estate in Virginia
heretofore of Richard Ingle Marriner, which were as appears
by a Deed in England dated the 8"' of September 1647,
amongst other things made over to the plte by the Said Ingle
upon the Consideradon in the Said Deed Expressed, for which
Estate the defendant Nevertheless obtained a Judgment or
Judgm" in Virginia unlawfully, and by the Arbitrary power &
favour of the then Governour there, after Such time as the
defend' knew of Ingles Conveyance to the plte (as he the
Complt alledgeth) And thereby i^ossessed himself of the Said
342 Court and Testamentary Btismess, 1653/4.
Liber B. Estate, But the defend' Saith he possessed hhnself of noe part
of that Estate, but by a Just and Legall Course in Law before
he knew or heard of any Conveyance thereof to the plte, and
for Satisfaction of his Just and due debt and not by any favour
or Connivance Now forasmuch as the Matter in question tends
to the questioning of the power of the late Governour of Vir-
ginia and to the reversing of a Judgm' already passed in that
Collony concerning an Estate then in that Collony by oppos-
ing a Conveyance made in England against that Judgm' which
this Court conceives most proper to be disputed by the present
Governm' of that Collony, And being not willing by Clashing
of Contradictory Orders, or otherwise to ingender any Breach
^' ^■'^ or Just distast betwixt the two Governments but rather by all
faire and freindly means to preserve a Mutuall Correspond-
ency, This Court thinks not fitt to proceed any further upon
the hearing herein, but referreth the Complt to Seek for releife
in the premisses, either in the Provinciall Court of the Collony
of Virginia or in the County Court there where the Judgm'
was Granted If he think fitt. And if the Governour of that
Collony or Commander of the Said County Court, or the Pro-
vinciall or County Court, there upon Sight of this Order Shall
think fitt by any Lre or other writing to desire the Governour
here by his Lre or other Sumons to appoint the defend' m'
Gerrard to appeare at any Court to be (at the plantiffes
request) appointed for the hearing of this Cause in that
Collony, The said m' Gerrard is hereby Ordered to appeare
thereupon accordingly, which if he refuse. Such his refusall
will be understood as a Contempt of the Governm' here. And
this Court will Call him to a Strict Accompt in that particular,
And in Case of his the defendants Appearance here upon the
Governours Said Lre or Summons if the plte Cap' Cornwallis
either fail to prosecute or that the Court there where this
Cause Shall happen to receive a hearing Shall not think fitt to
give the plte any reliefe in the p'misses The Court here will
either Compell the plte to Satisfie to the defend' Such Costs
and Charges as that Court Shall Order, or (if it be left to the
Court here) upon the defendants Mocon will allow him Such
Costs and Charges in that respect as Shall be fitt.
Thomas Cornwallis jisq plte 1 The Compltes Suite being for five
Phillip Land & Henry ffoxdeftsj- thousand four hundred fifty and
Seven pounds of Tobacco and Caske appearing to be due by
a writing under the defend'^ hands of the 21"' of July last which
the defendants not being able to disprove It is Ordered that
they make paym' thereof to the plantiffe and the Bill or Deed
in writing to be Cancelled which is Cancelled accordingly.
Court and Testamentary Business, 1653/4. 343
Henry ffox pit ) Upon the Complainants Motion that the uber i
Phillip Land deft ] Court would bc pleased to Grant him an Order ^- ^''^
whereby the defendant might be Compelled to give him a
Speedy Accompt and Satisfaction touching the Estate in
Copartnership betwixt them for want whereof he hath been
much prejudiced and the defendant making noe objection to
his demand therein It is by consent Ordered that the defendant
bring into the Court all Accompts Bills or other debts whatso-
ever belonging to the Said Estate to be put into the hands of
m' Cuthbt ffenwick & m' Henry Coursey Arbitrators herein,
who have power hereby given them to put an end to the
Matter in question and to Choose an Umphire if there be
Occasion, And m' Land is to take his oath in open Court to
Exhibit into the hands of the the Said Arbitrators a true
Accompt of all debts due to the Estate in Copartnership
betwixt him and the plantiffe to the best of his remembrance
which oath the Said def' did accordingly now take in open
Court.
Walter Pakes acknowledged! a Judgm' this day in open
Court to m' Symon Oversey for twelve hundred and twenty
pounds of Tobacco and Caske.
Upon the Motion made this day on the behalf of m' Symon
Oversey, It is Ordered that an Attachment Issue out at his
Suit against the Estate of Paul Sympson for one thousand
pounds of Tobacco and Caske.
6 Marcij px Att^ inde ret next Court After Serving thereof.
Walter Pakes acknowledgeth a Judgm' this day in open
Court to Thomas Cornwalleys Esq for Nine hundred and
Tenne pounds of Tobacco and Caske upon Accompt.
Upon the Mocon of m' WiHm Eltonhead, Henry ffox dis-
claiming and refusing to be Attorney for Cap' William Mitchell
any Longer Albeit he were arrested at the Said m' Eltonheads
Suit to Answer this Court upon that Accompt It is Ordered
that the Said m' Eltonhead have an Attachment against the
Said Cap' Mitchells Estate for what he Claims to be due.
William Scott Mariner Maketh Oath that upon Coll ffrancis
Yardleys last departure out of this Province being at the house
of m' Edward Packer he then and there heard Coll Yardley
Say, that when he Came downe to his house at Lyme Haven he
would goe with his Vessell and Some of his Servants to the ''" 5-17
Southward there to build him a house for the present to Entcr-
taine his family when they came there and then to Come back
344
Court and Teslameniary Business, 1653/4.
Liber B. and fetch Away the rest of his family and Carry them hither
or to that effect, And further Sayth not
Svvorne in open Court. Tho: Hatton
To the Honble Governour &c & the Wor" Councill
now Siting
The Humble Petition of William Scott.
Sheweth.
That Coll ffrancis Yardley is indebted to yo' Petition'^ the
Sume of 1 438' Tob: with Caske, yo' Petition' hath demanded
the Said debt of CoH Yardley, but finding Since not any Satis-
faction where he appointed I Should be fully Satisfied, Yo'
Petitioner desires he may have an Attachm' Upon the Estate
of the Said Yardley, And yo' Petition'' is Shortly to depart this
Countrey desires yo' Worships to be pleased to think of Some
Speedy Course for present Satisfaction. And he Shall pray for
y' Worps &c
Upon the Petition & Oath of William Scott above recited It
is Ordered that an Attachm' issue out at his Suit against CoH
Yardley's Estate for the Sume demanded by the Said Scotts
Petition.
These are to Authorize my Loving ffriend m' Edward
Packer my Attorny in all Cases as full as if I my Self were
personally p'sent Wittness my hand this last of November
1652. ffrancis Yardley
Dated at S' Maries as aforesaid in the
p'sence of. Job: Chandler
William Scot. Mariner pite ) The pite Suiug for fourteen
Coll ffrancis Yardly by mr Edward [■ hundred thirty Eight pOUnds of
Packer his Attorny defend. ) TobaCCO and Caske, which the
defendants Attorney now acknowledging to be due, It is
Ordered that the Defendant make the pite present payment
thereof the Specialty being delivered up to the defend''
Attorney And the Order for the Attachm' upon this debt
already this day Granted is to be Vacated.
2 2"^° Martij Execut inde con Estate
Walter Pakes pite I I'he hearing of this Cause is respited till
John Haniond defendi / thg ]^^xl CouVt
p. 548 To the llonble W'" Stone Esq Govern' &c & Wor"
Counsell
The Humble Petition of Walter Pakes.
Sheweth
That yo' Petition' Sold to John Hamond his plantacon for
Court aiid Testamentary Business, 1653/4. 345
4500' of Tob: and the Said John Hamond denyeth to Satisfie Liber i
Yo' Petition' therefore much to his hindrance and Damage
He humbly craveth this Court to Examine his
pretences and allegacons which he alledgeth, and
relelve Your Petitioner therein. And as in duty
bound he Shall ever pray &c
Mr Henry Coursey & ai pites ) i'he hearing of this Cause is respited
mr Thomas Uaynes de£> ] j-jn ^\^q ^&xt Court and both parties
are then to attend the hearing.
Upon the Compiles Mocon Informing
that the defendant being arrested to appeare
and Answer this Court at the pltes Suit doth not appeare, It is
Ordered that the Arrest Stand Good for the defendants
Appearance the Next Court, And if then he do not appeare
either by himself or his Attorney, The Court will then take
Such Order against the Sheriffe for the plantiffes releife as
Shall be fitt.
Mr William Eitonhead pite 1 The defendant not appearing upon an
Richard True defendant f Arrest, It is Ordered as before in the
Cause of Nugent and Watson.
capt ThoiCornwaiieys pitei The defendant not appearing upon
ffrancis Martin defend- / an Arrest It is Ordered as before in the
Case of Nugent and Watson.
Walter Beane Complte ) .,. T^^ Complte Sueiug for I500' of
mr Thomas Mathews Adnu [■ 1 obaCCO & Caske due OUt of the
of Edward Cotton deceased def ) dgcedcnts Estate the defend' desires
time till the Next Court to make his Answer therein whereby
he conceives the Court will be induced to Sett aside the debt,
which now he Cannot Make appeare, It is therefore Ordered
that the hearing of the Cause be respited till the Next Court,
and then the hearing to be peremptory.
Upon the Motion of William Stone Esq Governour, It is
ordered that he have an Extent upon the Land of m' Thomas
Weston to the Value of his due debt.
Upon the Motion of ni' Thomas Hatton his Ldps Secretary
It is ordered that his Accompt of the Tobacco by him received
out of the Dutch Custome for the Soldiers pay according to p- 549
the Act, be taken into consideration the Next Court, Soe as he
may be then discharged thereof.
346 Court and Testamentary Btisiness, 1653/4.
Liber B. jo^n Domaii pite \ Upoii the defendants Peticon having attended
wiiim Ewens deft ^ ^j^jg Court iipon an Arrcst and none appearing
to prosecute. It is ordered that the plte be Nonsuited and to
pay the defendant two hundred pounds of Tobacco and Caske
for his unjust Molestation, besides Court Charges.
Upon the Motion of m' Phillip Land, It is ordered that the
Warrant against Richard Recklesse for his appearance this
Court, and the Arrest thereupon Stand Good for his appear-
ance the Next Court.
To the Right Wor" Cap' WiHm Stone Gov' & the wor"
Councill
The Humble Petition of William Ewens.
Sheweth.
That Whereas your Petition' was Arrested unto this Court
to be holden the tenth of January upon an Aeon of the Case
at the Suit of John Domall, and having given my diligent
attendance to answer the Said Suit, and the plte having no
ways prosecuted against your Petition' Yo' Petition' humbly
prayeth that the Suit may be dismissed and reparacons given
unto yo' Petition' for his Losse of time and Expence, And your
Petition' Shall pray &c.
At a Court held at S' Maries
the Sixt of March Ao 1653
f William Stone Esq Governour
I m' Thomas Gerrard
Present J Cap' John Price
} m' William Eltonhead
m' Robert Clarke
[ m' Thomas Hatton
After the Governour and Counsell (present this day) had
for Some time Sate in confutacon about Some affairs in relacon
to the Publick Safty, the fell upon the hearing of Some par-
ticular Causes as followeth viz.
Upon the Mocon of Marks Pheypo, and a Suspicion appear-
ing of an Intention in Coll ffrancis Yardley to remove his
Estate out of this Province having Severall ingagements Upon
p. 550 him here, And the Said Colonell being Summoned to Appeare
at the Court held the first of this Month to Answer the Said
Pheypoe's Suit did not appeare at that Court nor any for him
to Answer therein. It is ordered that m' Job Chandler be Im-
powered, in case he find any probable intention or Endeavour
Court and Testamentary Business, 1653/4. 347
of removing the Said Estate to appoint any officer whom he Liber b.
thinks fitt to make Stoppage by Attachm' or otherwise as he
the Said m' Chandler Shall think fitt of Soe Much of the Said
Estate as may be responsible to the Suit of the Said Pheypo
upon a hearing the Next Court in an Action of debt of one
and twenty hundred pounds of Tobacco and Caske.
Know all men by these presents that I Richard ffoster of
the Province of Maryland doe constitute and appoint my well
beloved friend Nicholas Gwyther my true & Lawfull Attorney
to all efforts and purposes in Law as if I my Self were person-
ally present. As Wittness my hand.
the mark of x Richard ffoster
March the i. 1653 In the Presence of
David Thomas
To the Honble Cap' Willm Stone Esq and the
rest of of the Counsell of State for the Province
• of Maryland
The Humble Petition of Cornelius Saunders Carpenter
of m' Hannefords Ship by m' Henry Coursey his At-
torney Authorized by Sanders his Lre.
Sheweth.
That the Said Carpenter did Sell to Nathaniell Batts Coll
Yardley's Interpreter a parcell of Sugar amounting by Agreem'
unto 19' & * of Beaver as by his Note to Richard ffoster doth
appeare, And the Said ffoster did promise your Petitioner Sat-
isfaction as doth appeare by two Severall oaths, taken before
m' Gerrard for the Same. Now the humble Suit of yo'' Peti-
tion' is that your Hon" will please to grant him an Order for
the present Satisfaction of the Said debt against the Said
ffoster in respect yo' Petition' is now bound out of the Coun-
trey, and doth not know whether ever he Shall return againe,
And in Granting yo' Petition' his humble Suite You will ingage
him to pray as he is bound for your Hono"
Cornelius Sanders by nir Coursey his Attorn pit 1 1 he plte by lllS AttOf-
Rich: ffoster by nir Gwyther his Attorn defendt J j^gy g^igg for Nineteen
pound and an half of beaver by Agreem' for Sugar Sold to
Nathaniell Batts for which the defendant promised Satisfaction
pnt p Petition The defendant by m' Nicholas Gwyther his
Attorney denyes that he the defend' otherwise ingaged for
payment then in Case he had Estate of Batts in his hands to
enable him thereto, which he Saith he hath not. It is thereupon
Ordered that ffoster be Examined upon Oath by m Gerrard
upon Summons from him what Estate of Batts he hath in his i'- SS'
348 Court and Testamentary Business, 1653/4.
Liber B. hands, and if it appear that he hath Sufficient thereof, to Satisfie
the pltes Said Debt of igi' of beaver m"^ Gerrard is desired to
Cause Soe much thereof to be attached by the Constable of
his Manner who is hereby Impowered for that purpose as will
be responsible upon the hearing next Court for Satisfaction of
the Said Debt Court Charges and Damages.
The Court rising the Governour appointed the Next generall
Provinciall Court to be held the tenth day of Aprill next.
Inter Thomam Cornwalleys Armig'um querent
et rhomam & Johanem Sturman Defend'"
According to a Submission and ingagement of Cap' Thomas
Cornwalleys Esq on the one part and m' John Sturman on the
behalf of himself and m' Thomas Sturman his ffather on the
other part made in open Court the first of this Month as appears
upon Record. We the Arbitrators therein Named for a full and
finall End and conclusion of all differences betwixt the Said
parties Mentioned in the Said Submission and Ingagem' Viz.
All differences betwixt them either now or heretofore depend-
ing in Court or referred to Assembly Do Arbitrate and Award
that the Said Thomas and John Sturman Shall and doe Satisfie
and pay to the Said Cap' Cornwalleys by the tenth day of No-
vember next. Three hogsheads of Tobacco every hogshead to
Conteyne three hundred and fifty pounds of Sound Neat pickt
Tobacco without Ground leaves, and also one hundred pounds
of Tobacco in Liew of the tenn pounds of powder Charged by
Bill. And upon the paym' of the Said Tobacco, Cap' Cornwal-
leys is to deliver up to them or one of them the two Bills
entred into to m' Richard Ingle concerning the Said Powder
and a Gunne, And the Said John Sturman on the behalf of
himself and his Said ffather is to pay all Court Charges touch-
ing the premisses. Given under our hands this Sixt day of
March Anno Dni 1653
William Stone
Tho: Hatton
The Deposition of John Deare aged 3i'''yeares or
thereabouts Sworn & Examined 18''' of March 1651 Saith
That Sometime about Christmas last was a i 2 Month m"
Mary Brent Caused one wild Bull unmarked to be killed upon
^ kent, and that Since that time before She went off the Island
P- 55= after Christmas last She Caused five More Unmarked Bulls to
be killed upon the Island and one Bull of m' Coxes Marke,
and one Marked Bull of one nV' Geirids which Liveth on the
Westerne Shore, m" Brent pretending the Bull to belong unto
her, because it was Croped of both the Eares But tliis De-
Court and Testamentary Business, 1653/4. 349
ponent taking Good Notice of it after it was killed found a Liber
Nick in the Crop of the right Eare by the which this Deponent
knew the beast to belong to m'^ Geiry likewise She Caused to
be killed one Bull Cropped in both the Eares of her owne
marke, also one of Cap' Brents draught Oxen with all Saying
She had a desire to kill all the Unmarked Bulls upon' the
Island if that She Could. And further this Depon' Saith not.
Sign John ID Deare
Jurat Coram Nos Robert Vaughan. Sign Nicholas Brown
Copia Vera Test Robt Vaughan
Anno— Entries De Anno 1654.
Know all men by these presents that I John Maning of Nor-
wich in the County of Northfolk in England Merchant doe by
these presents bind my Selfe my heirs Executors and Admin-
istrators to pay or Cause to be paid unto Richard Cooke and
Daniell Hoare both of Boston in New England Merch" the full
and Just Sume of forty one thousand pounds of Good Sound well
Cured Merchantable Virginia Leafe Tobacco with Caske, In
Wittness hereof I have hereunto Sett to my hand and Seale
this 12"' day of October 1653
The Condition of this Obligation is Such that if the above
bounden John Maning his Executors Adminisf' or Assignes
doe well and truely pay or Cause to be well and truely Satis-
fied and paid unto the Abovesaid Rich: Cooke and Daniell
Hoare or either of them they or Either of their Executors Ad-
ministrators or ass the full and Just Sume of Twenty thousand
five hundred pounds of good Sound well Cured Merchantable
Virginia Leafe Tobacco with Caske at or before the last day
of November Next Ensuing the Date hereof at one Intire pay-
ment at the now dwelling house of m' Lawrence Wards of
Nancymum in Virginia that then this obligacon to be Void
and of none effect, or Else to Stand and remaine in full power
force Strength & Vertue. John Maning
Sealed Signed & Delivered in the p'sence of
John San ford Elisha Cooke
Recorded at Boston lo'"" November 1653. page 459 p. 553
Ouod attestor rogats & requisits. Nathaniell Sowther
Not Pub'^-
These presents Wittness that I Charles ffreeman being
Attorney for m'* Elizabeth ffreeman and also by Order of Cap'
Brigges ffreeman doe acknowledge to have received all Such
things and Goods belonging to the Said I'Llizabeth ffreeman of
m' Richard Harris, Therefore this Shall be the General! dis-
charge of all debts, dues, demands from the beginning to this
350 Court and Testameniary Business, 1653/4.
Liber B. day, onely if in Case there does appeare under tlie Said m'
Harris liis hand any thing by Bond or ingagem' Upon Record
then the Said m' Harris Shall be oblidged to render Satisfac-
tion to the full as Wittness my the 30"' March 1654
Charles ffreeman
Test John Billingsley, John Read )
John Lone j
Received by me Ben Cowell the 5'^ of May 1652 in the
behalf of Miles Cooke the Assignee of Cap' Thurstone of John
Pills four hundred Ninety and five pounds of Tobacco and
Caske in part of payment of a Debt of nine hundred eighty
and two pounds of Tobacco due by Bill from m' Thomas
Copley to the aforesaid Cap' Thurston I say Received
Ben Cowell
William Scott, Mariner, maketh oath that about two yeares
since when Cap' Richard Husbands was here in this Province
of Maryland with the ship whereof he was then master, this
Depon' being then Boatswain of the same ship, M' Thomas
**■ ^^■' Hatton Secretary of this Province demanding a Case of Strong
Waters, which it Seems was Sent him in the Said Ship by
Some freind in London, the Said Cap' Husbands Caused a
Case to be brought upon the Quarter Deck, which being open
and unbound appeared to have been broken open, all the
bottles therein Except one or two being Crackt and broken
with holes in the Sides and the Strong water either Drunk out
or Spilt all Saving Some Small quantity in two of the botdes,
the Same appearing in all Likelyhood to be done by the abuse
or Miscarriage of Some belonging to the Said Ship, and that
the Said nV Hatton then demanded Satisfacdon of the Said
Husbands touching the Said Case, which was not then or Since
given him by the Said Cap' Husbands or any other So far as
this Depon' knows. And this Depon' further Saith that the Said
Cap' Husbands after his arrivall in England did Stop or
detaine in his hands the pay or wages of the Steward of the
Said Ship for that Voyage to make Good his Miscarriages of
that kind as this Depon' understood The Said Cap' Husbands
upon the Said m' Hattons demand of Satisfaction aforesaid,
telling him that before he could make him any Satisfacdon
therein he must Call his Steward to Accompt concerning the
Same or to that effect. All which before herein Expressed or
the Same in Effect this Depon' upon his Oath averreth to be
true and further Saith not.
Jurat 3 ffebr 1653. Coram Me William Stone
Court and Testamentary Bicsiiiess, 1653/4. 351
Whereas I Lawrence Starky of the Province of Maryland Liber k.
Esq about the beginning of the last Spring for a Valuable
Consideration then & Since by me received of m' Thomas
Hatton Secretary of the Said Province, Sold and Delivered to
the Said m' Hatton one heifer then about three years old of
my own Marke being formerly m' Copleys w"'' a bull Calf by
her Side Now both of them in the Said m' Hattons possession,
Now this present writing Wittnesseth that I the Said Lawrence
Starky doe hereby acknowledge ratifie and Confirm unto the
Said m' Hatton his Executors, Administrators and Assigns for
Ever the Sale and Delivery of the Said heifer and Calfe as
aforesaid with Warranty against all Just Claimes, Wittness
•my hand this 24"' day of Sept Anno Domini 1653. '*' ^^
Law: Starky
In the presence of
Thomas Carpenter
Richard ffoster Sworne & Examined 24''' March 1653
Sayth as foUoweth
That he Cannot Depose whether Nathaniell Batts hath any
Estate in his hands or Noe but the Said Batts told him that the
truck which was here was the Coll and his and before it went
out of his hands the Said Batts would See him Satisfied for his
Labour, After the Coll aboard his Sloop desired this Deponent
to be Carefull in the busieness, for the Truck was his fully and
wholly Since the Coll hath Sent to him by m' Slys Bark to gctt
Corne ready for him and more Sayth not The mark of
Coram me Richard W Foster
Thomas Gerrard
This Bill bindeth me Thomas Ringe my heirs Executors and
Administrators to pay or Cause to be paid unto John Taylor
his heirs and assigns the full and Just Sufne or cfuantity of
Nine hundred Seventy and Eight pounds of Good Sound
Tobacco in Caske at or upon the tenth day of November Next
Ensueing and for the true performance of which paym' I doe
hereby make and bind over unto the Said John Taylor my
Cropp w"'' I Shall plant this Year as alsoe what I shall make
and gett by Smiths Work with my Smiths Tools or what else
belonging to me at present or hereafter belonging and due to
me till the abovesaid debt be fully paid to the Said John Taylor
as abovesaid. Wittness my hand this to'*' Aprill 1654.
Testis the marke of
William Britten Thomas X Ringe
may the 16. 1652
Know all men by these presents that I Richard Husbands
of wappin in the County of Middlesex Mariner doe make
352 Court and Testamentary Business, 1653/4.
Liber B. Ordainc Constitute and appoint my wellbeloved freind Edward
Packer of Maryland planter my true and lawfuU Attorney for
me and in my Stead and place to demand recover and receive
of the Inhabitants of Maryland all Such debts as Shall be found
p. -57 from them to me oweing Giving and hereby Granting unto
my Said Attorney full power and Authority in the Execution
of the premisses, if Need Shall be to Sue, Arrest, attach.
Implead imprison, Condemn and out of prison againe to
deliver, and the pleas plaints and process of the Law to Sue
and Cause to be prosecuted and to Compound, Concord, Con-
clude and agree, and upon recovery and receipt acquittances
or any other Sufficient discharges for me and in my Name to
Make Enseale and Deliver and one or More Attorneys under
him my Said Attorney to Make Substitute and revoke and
Generally to doe and Cause to be done all other Lawfull Act
or Acts, thing and things, device and devices Whatsoever,
which in or about the recovery of the premisses Shall be
requisite and Necessary full & effectually to all respects as I
my Self might or Could doe being pSonally present, which by
these presents I doe ratifie and Confirme In Wittness whereof
I have hereunto Sett my hand and Seale the day and yeare
above written.
Richard Husbands
Signed Sealed and Delivered
in the p'sence of Miles Cooke
Benj^ Cowell
I acknowledge an Order of the 20''' of September last for
five Cowes due from Gervis Dodson and promised by Walter
Pakes to be Void and I to take my Remedy not against the
Said Pakes but Dodson. Wittness my hand this first of
October 1653
Teste John Pille. John Hamond
p. 558 May the 26"^ 1653. Received by me John Hamond of
Walter Pakes tenne pounds of Tobacco in full of all Debts,
dues, and Demands from the beginning of the world to this
day I Say received.
by me John Hamond
_ 9°Martij 1653.
Admmistracon is this day Granted to m' Edward Packer on
the behalfe of and as Attorney for Cap' Richard Husbands
Marriner (according to an order of Court of the Second day of
this present Month) of the Estate of John Stringer deceased
upon his oath to Exhibit a true Inventory by the 'first of June
Court and Tesiameniary Business, 1653/4. 353
Next unless &c to pay the debts Soe farr &c. And to give an Liber b.
Accompt when &c in the Usuall form.
ult maij 1654. further time given to Exhibiting the Inven-
tory till Christmas Next.
1 1 ° Maij Walter Waterling and John NichoUswere appointed
and Sworne to make a Just and true Valuation or appraisment
of all or So Much of the Goods, Chattells or other personall
Estate late of John Stringer Carpenter deceased as Should be
brought or produced to their View by m' Edward Packer the
Administrator abovesaid.
Received of m' Thomas Hatton Secretary of the Province of
Maryland' five hogsheads of Tobacco weighing Neat Seven-
teen hundred and Sixty pounds of Tobacco and is for the
proper use of Major Edward Gibbons as Wittness my hand
this 6'*" of ffebruary 1653.
Daniel Hoare
In the presents of
Henry Coursey
James Veitch
Tho: Marsh
The Deposition of Lewis Ffroman Aged 29 yeares or there- p. 559
abouts Sworne and Examined this 8'*' of August 1653
Sayeth
That about a month or Six weeks after M' Robert Brookes
was seated in Putuxent River this Deponent being then Ser-
vant to the Said m' Brooks and Imployed as an Interpreter by
him to the Indians, m' Brooke desired this Deponent to Speake
to the Indians he the Imployed, that if they Saw any hogs they
Should kill them, about a weeke or fortnight after, the Said
Indians Came and told him of hogs which were about a quar-
ter of a Mile from his house whereupon he bid his people goe
with them and kill them at which time by m' Brooks Sons, his
Servants & Indians there was killed one Boare five or Six
Barrowes and Sowes, the Marks this depon' doth not Remem-
ber neither did m' Brooks in this Depon" hearing, give orders ,
that the Eares Should be kept.
Lewis ffroman
Sworne before me the day & year
above written
Job. Chandler
Robert Sheale aged 25 years or diereabouts p. 56°
Deposed and Examined Sayth
That at his first Comeing into this Province and goeing with
his Master m' Robert Brooke to his plantacon in Putuxent
354 Cotirt and Testamentary Business, 1653/4.
Liber B. River not far from the house An Indian (who then was Im-
ployed by the Said m'' Brookes to hunt) brouglit word that
there were Some hogs, whereupon m' Brookes Servants to-
gether with the Indian went and killedd Nine hogs all Marked
hogs unless on Little young Boare Which (to this Deponents
best remembrance) was not Marked, But what Marks they
were this Deponent knoweth not, neither did he take any
Notice of the Marks at the killing thereof, but after they were
killed, the hogs Soe killed were all brought into m'' Brooks
house and there Spent by him as this Deponent believeth and
further he Saith not.
the marke of
Jurat Coram me O
William Bretton Robert Sheale
25"' March 1654. I Thomas Gerrard Esq doe acknowledge
to have received of m' Cuthb' Ffenwick full Satisfaction of a
Judgment and Order of Court obteyned against him of one
Thousand pounds of Tobacco and of all Damages and Charges
incurred concerning the Said Suit. Wittness my hand
Test. Willm Bretton Tho. Gerrard
p. 561 Whereas M' Thomas Hatton Secretary of this Province of
Maryland hath upon the request of me Ffrancis Brookes Gent
agreed to Deliver up or Cancell two Bills or Notes whereby
Edward Claxton Stands bound to pay to the Said m' Hatton
two Severall Sumes of Seven hundred and four hundred
pounds of Tobacco, and Caske. I the Said ffrancis Brookes in
Consideration thereof doe acknowledge to owe and Stand In-
debted to the Said m' Hatton the Just and full Sume or quan-
tity of Eleven hundred pounds of Good Sound Merchantable
Tobacco and Caske As Wittness my hand this 17"' day of
Aprill Anno Dni 1654
Recognit Coram Nobis ffrancis Brookes his mark
Willm Stone, Job Chandler
By the Lieu' &c of Maryland
Whereas I am Given to Understand that Luke Gardiner
doth in a uncivill refractory insolent Manner detayne at his
House one Elinor Hatton a Young Girle Daughter to the wife
of Lieutenant Richard Bancks and Neice to m"^ Thomas Hatton
his Ldps Secretary Endeavouring (as is probably Suspected)
to trayne her up in the Roman Catholick Religion Contrary to
the mind and will of her Said Mother and Uncle who have
often demanded her of the Said Luke, who refuseth to return
Court and Testamentary Business, 1653/4. 355
her to either of them Standing upop an Audacious pemptory Liber b.
Termes. The Said Girl being by her father (brother to the Said
m' Hatton) a Little before his Death recomended to the Care
and tuition of her Said Uncle, who had been at great Charges
about her transportacon and otherwise as he can Make ap-
peare, The which unsufferable dealing of the Said Luke Gar-
diner is (as I apprehend) not onely a Great affront to the Gov-
ernment and an Injury to the Girls Mother and Uncle, but
Likewise of very dangerous and Destructive consequence in
relacon to the peace and Welfare of this Provine, These are p- 5^^
therefore in the Lord Prop" Name to Authorize and require
the Said Lieuten' Richard Bancks Commander of Newtowne
hundred either by himself or together with Such other of the
Inhabitants of this Province whom he Shall require for his
assistance herein (And who are hereby required to be aiding
and assisting to him upon this occasion as they will Answer
the Contrary) by force of Arms or otherwise as he Shall See
Cause to Seize upon the person of the Said Elinor Hatton,
and to bring her before me and the Counsell at S' Maries to
be disposed of as Shall be fitt, And in Case of her Conceal-
ment to Search the house of the Said Luke Gardiner or any
other place within this Province where he the Said L' Bancks
Shall Suspect She maybe hidden Soe as She may be produced
for the purpose aforesaid. As alsoe to Arrest the Said Luke
Gardiner, and to bring him likwise before me and the Counsell
to answer unto Such things as Shall be objected against him
by the Said m' Hatton either as Attorney Generall for his Ldp
or on his own behalf and to Stand to and abide the Order of
Court thereupon hereof you are not to fail. Given at S'
Maries this third day of Aprill 1654. William Stone
Decimo April 1654. Michael Baisey this day acknowl-
edgeth a Judgm' to m' Henry Coursey for one thousand
pounds of Tobacco and Caske but Noe Execucon is to issue
out thereupon till the tenth of December Next. Wittness his
hand the day and year aforesaid
the Mark of
Recognit Coram me Tho: Hatton Michael x Baisey
April 10"' 1653. I Thomas Mathews doe declare that the
Cowe called three Tetts is to be Recorded for the Boy Peter
Fakes with her female Increase The: Mathews
Test. Barnaby Jackson
Memord that I Charles Thurston Marriner Attorney of m' p. 563
Richard Thurston Marriner doe acknowledge to have Received
356 Court and Testamentary Business, 1654.
full Satisfaction of m' Thomas Hatton Upon a Bill of Twelve
hundred and odd pounds of Tobacco and Caske entred into by
the Said m' Hatton to the Said m' Rich'^ Thurston the Said Bill
being delivered up by me to the Said m' Hatton. Wittness
my hand this tenth of Aprill 1654
In the presence of Charles Thurston
William Stone
At a Court held at S' Maries the
tenth day of Aprill 1654
I William Stone Esq Governour
Present I Cap' John Price
[ m' Thomas Hatton Secretary
m' Thomas Hatton his Ldps Secretary and Attorney Gen-
erall on his Ldps behalf and on the behalf of himself this day
declared against Luke Gardiner for detaining Elinor Hatton
his Neece a Girle of about twelve years old from him the Said
Secretary and her Mother Endeavouring to trayne her up in
the Roman Catholick Religion with other things in the Said
Attorneys declaration Contained, the Said Luke appearing in
this Suit upon a Speciall Warrant from the Governour and
both parties being heard at large touching the Matter in ques-
tion, The Court lor the present pronounced noe other order
therein, but onely that the Said Elinor Hatton who was present
in Court and brought in upon the Said Speciall Warrant, Should
be returned and left to the disposition of the Said Attorney
her Uncle. The Said Warrant, declaracon and other proceed-
ings thereupon being hereafter upon Record fol.
John Norman pite 1 Hi'' Johu Metcalfc the Sheriffe of this County
Edw.ird Bowles deft; Moviug the Court ou the defend'* behalf for
a Respite till the Next Court informing that the defendant was
not able to Travell, It is thereupon Ordered that the hearing
be respited till the next Court, And that then the Com pit Shall
have Such releife touching his Come and Clothes and attend-
ing the Court as Shall be fitt
564 Know all men by these presents that I Lawrence Ward of
Nansanum in Virginia doe Constitute my friend m"" Richard
Collet my Lawfull Attorney for me and in my Name to receive
all Such debts as are due to me in Putuxent River in the Prov-
ince of Maryland ratifying all that he Shall doe or Cause Law-
fully to be done as I my Self were present. In Wittness
whereof I have Sett my hand this 8"^ of December 1653
Law: Ward
The Marke of Willm Me<ro
Co2irt and Testamentary Business, 1654. 357
To the Wor" William Stone Esq and the rest of uber e
the Counsell
The Humble Peticon of Richard CoUett Attorney of
m"' Ward
Sheweth
That Whereas Robert Taylor Standeth indebted unto nV
Lawrence Ward the Sume of 332' of Tob: & Caske as by Bill
appeareth more twenty upon Accompt, yo' Petitioner humbly
Craveth Order for present pay with Court Charges Yo' Peti-
tioner as bound Shall pray &c.
,mr Lawrence Ward by mr 1 ■) . The ComplteS Suite (-pnt "p Pc-
Richd CoUett his Attorney fP ^ t titiou) being for three hundred
mr Robert Taylor defend. j ^j^j^^^ ^,^^ ^^^ ^po^^^^.^ of TobaCCO
and Caske which the defendant oweth him upon Bill dated
7° Marcij 1652 and twenty pounds of Tob: More upon Accompt
II April Execut f^'' ^ P^'"" ^^ Stockings and a Dozen of Pipes, And
ad Satisfaci- the defendant acknowledging the debt It is Or-
end c Estat dercd that the defendant doe forthwith pay the
Same (being in all three hundred fifty two pounds of Tobacco
and Caske) to Comphe or his Assignes, the Bill being Now
Delivered into Court and Cancelled.
Know all men by these presents that I John Davis of Chucka-
tuck doe Constitute Ordaine and Make my Loving ffriend m'
Richard Collett of Putuxent my true and Lawfull Attorney for
me and in My Name to receive and pay, to arrest, plead and
imprison, to release quitt and Discharge for me and in my
Name in as ample Manner and as farr forth as if I were in
presence as Wittness my hand and Seale the tenth of No-
vember 1653.
Wittness. George Ketchmy ) John Davis his Marke
William Long his Marke )
To the Wor" William Stone Esqr & the rest of the Coun- p. 565
sell
The Humble Peticon of Richard Collett Attorney of Jn"
Davis
Sheweth
That Whereas Robert Taylor Standeth indebted unto John
Davis a hog which Should have been delivered unto Cornelius
Abraham with Corne for the hog aboard the Sloop Sufficient
till it was delivered to the Said Davis in Virginia, which, the
Said Taylor hath not performed. The Petition' prays an Order
for the Tobacco which Davis paid for Taylors use in Virginia
Anno 1652 being 250' Tob: with Caske together w''' forbear-
ance and Court Charge, and he Shall Ever pray &c.
358 Court and Testamentary Busiftess, 1654.
ber B. , , ,^ • „■ i. r^ ,, .. ^ The Comolt Suit being for 2^0' of
''^ ''■ John Davis p Rich; Collett-^ j /- 1 I'll, • A • \T
his Attorney compit \ loDianQ Caske which he paid in Vir-
Rob. Taylor defend. ) ^^^-^^ f^^ ^.j^g defend' and for which the
defendant ingaq;ed himself to Send to the plte a Good hog
with Corne Sufficient to feed him withall til! he were delivered
in Virginia as by the Petition appears, with Damages and
Court Charges, The defendant confessing the debt, It is
Ordered that he deliver to m"^ Richard Collett the pits Attorney
at his Landing place upon the South Side of Putuxent River
within tenne days Now Next Ensueing a hog worth 250' of
Tob: and Caske to be Valued by m' Richard Harris and John
Halfhead or in default thereof he is then to pay- to the plte his
Attorney or Assignes the Said two hundred and fifty pounds
of Tobacco and Caske with Court Charges.
John waughop plte ) The plte Sues for 3 barrells of Corne
Andrew Watson p Edmond \ oT Satisfaction. The defendant by his
Lindesey his Attorney deft j ^j^Qj-ney alledgeth that the plte had of
him 2 Sides of Bacon for which he demandeth 200' Tob: But
wanting proofe. It is Ordered that the hearing be respited till
the Next Court.
Be it known vinto all men by these presents that I Andrew
Watson in the Province of Maryland planter have Constituted
and in my place Sett & Ordained Edmond Lindesey my true
p- 566 and Lawfull Attorney to ask require Levy and recover &
receive in my Name for me and to my use, all and Singular
debts whatsoever they be of all manner of persons in any wise
to me due pertaining or belonging in any part or place within
this Province, Giving and Granting to my S'^ Attorney my full
and whole power and Authority in the premisses to plaint
arrest. Sue, declare Implead imprison Cause to be Condemned
and release the Said Debtors recover and receive and there-
upon finally accord & acquitt Lres of acquittance & other dis-
charges for me and in my Name to Compound Seale &
deliver Attorney or Attorneys to Ordaine and Sett & at his
pleasure againe to revoke, and Moreover to doe Execute per-
forme and Conclude & finish for me and in my place as is
menconed afore all and Singular things that Shall be Expedient
concerning the premisses as throughly wholely and Surely as
I my Self Should doe if I were there in my own person present,
And all that Ever my Said Attorney Shall happen to doe or
Cause to be done in and for the premisses I promise to allow
performe ratifie and Establish and thereunto I bind me my heirs
& Executors by these presents In Wittness whereof I Sett
my hand this first day of Aprill 1654.
The mark of Andrew Watson
Test James Lindesey.
Court and Testamentary Btisiness, 1654. 359
Lt Nicholas Gwyther plte ) The Complt Suit being for 450' of Liber B.
Andrew Watson p Att. Deft I Jq^,. ^ Accompt whicli the defendts
Attorney Edmund Lindesey not denying, It is Ordered that
the defendant doe forthwith pay to the Comphe the
^'■'^'^° Said four hundred and fifty pounds of Tobacco and
Caske
20 April 1654 Execut ad Satisfaciend con Estate Dr Watson
Andrew Watson by his Attorney Edmond Lindsey this day
in open Court aclcnowledgeth a Judgm' to m' Edward
^'^'^° Packer for three hundred pounds of Tobacco & Caske.
20 April 1 654 Execut ad Satisfaciend con Estate Dr Watson
To the Wor" the Governour and the rest of the Counsell
The Humble Peticon of Thomas Batchelor
Sheweth.
That Whereas he was arrested at the Suit of Cap' Corn-
wallis and Henry ffox to this Court, and being Sick not able
to Come humbly craveth reference till the Next Court. And P" ^^''
your Petitioner Shall Ever pray &c
Upon the defendants Petition the
hearing is respited till the Next Court
and then the defendant is to appeare pemptorily or Judgment
is then to passe in his Suite if there be Cause.
Henry ffox plte ) Upon the defendants Petition the hearing
The: Batchelor deft ] jg respited till the Next Court, and then the
def' is to appeare peremptorily or Judgment to pass if there be
Cause.
The Land & Estate of m' James Neale debtor Anno 1647
To m' Nicholas Cawseene for a Boate 1 200
To m' John Hallowes by Speciality 1 500
To the Lord Prop' for Eight years Rent at Severall times 3200
To m' Gerrard for debt due unto Mortley & m' ^
upon Specialty with Charges J 2493
To m' John Hallowes by Specialty 1500
To Cap' Cornwalleys by Specialty 3S0
To Coll Yardley Upon Speciality 600
To ffrancis Posey 11 00
More for Severall Charges of fifees 200
To m' Metcalfe for Sheriffes ffees for Attachm' of my )
Cattell . j 150
for my Expence and paines taking about this )
busieness and Damage ) 1 500
Tottall 13823
p. S6S
360 Court and Testamentary Business, 1654.
10 April 1654. Benjamin Gill maketh oath that the Ac-
compt above written is a Just and true Accompt (with the
least) of what he hath paid Expended and been damnified
touching the Land above Mentioned
Sworne in open Court the day and year above written,
WiHm Stone, Tho: Hatton
Upon the Motion of m' Benjamin Gill for an Extent upon
the Land of m' James Neale called Wollaston Manno' con-
taining two thousand Acres the Ld Prop" Rent being forty
Shillings in Money Sterling or the Commodities of the Coun-
trey) for Satisfaction of thirteen thousand Eight hundred
twenty and three pounds of Tobacco and Caske which he hath
paid and been out in Charges and otherwise about the Said
Land as appears by his Accompt upon oath above written
together also with the Charges about the Extent in ffees and
otherwise, which probably may amount to about five hundred
pounds of Tobacco and Caske, and Soe will make up the
Summe for which the Said Manner & Land is to be Extended
fourteen thousand three hundred twenty and three pounds of
Tobacco and Caske. It is ordered that Walter Beane, John
Hatch, James Lindesey and Arthur Turnor upon Summons or
Notice thereof from the Sheriff of S' Maries County, and Upon
Oath to be Administred unto them by Thomas Gerrard Esq or
Some other of the Counsell to make a Just and true Estimacon
or Valuation to the best of their Judgment and Skill for what
Number of years he the Said Benjamin Gill his Executors and
Assignes ought to have the S'^ Mannor and Land in Extent for
Satisfaction of the Said fourteen thousand three hundred
twenty and three pounds of Tobacco and Caske, doe Com-
pute or Estimate the Same accordingly, and returne their Cer-
tifficate thereof upon Oath (as aforesaid) under their hands into
the Secretary's office there to be Entred Upon Record, And
the Court will then Settle the Said Mannor and Land upon
the Said Benjamin Gill his Executors and Assignes in Extent
for Such Number of Years as Shall be thought fitt by the per-
sons before Named, and to be Expressed in their Said Cer-
tifficate for Satisfaction of the S'' fourteen thousand three hun-
dred twenty and three pounds of Tobacco and Caske
nr Edward Packer Adnir ^ The pltcs Suit being for Satisfaction
of John Stringer deced pite I for the building of a house which the
um rey Howei) def> J decedent built for the defendant before
his Death (and noe Satisfaction yet given) as the Same may
be worth upon a true Valuation. And the def' offering him-
selfe willing to pay what Shall be thought fitt. It is ordered that
John Niclioils and Walter Waterling the Appraisers of the Said
Court and Testamentary Business, 1654. 361
Decedents Estate upon Veiw of the worke doe Certifie the Liber b.
Court upon their Oaths already taken touching the Appraism'
of the Said Estate by the Next Court either upon the Inventory
or otherwise what they Conceive the Said worke maybe Justly p. 569
worth, And thereupon the Court will then give the plantiffe
Such Releife herein as Shall be fitt.
Walter Wateriing pite ■) ^he pltes Suit being for 727' of To-
Edwd Packer Adm"- of John V bacco which he lent the decedent
stringer's Estate deced dec j gtriuger uot long before his death ap.
pearing by the Oath of Thomas Bennett upon Record, and 30'
.of Tobacco which the plte paid to Thomas Symonds for 20' of
Beefe upon the decedents Accompt, for which he hath as yet
received no Satisfaction And the Administrator being now
present & makeing noe objection to either of the S'' Claims It
is Ordered that the plte be paid Seven hundred fifty and
Seven pounds of Tobacco and Caske out of the decedents
Estate if there be Assetts.
This Bill bindeth me William Whittle my heirs Executors
Adm" or Assignes to pay or Cause to be paid unto Joseph
Manning or Assignes the Just quantity of Eight hundred
and fifty pounds of Good Sound large Tobacco and Caske
upon all Demands at my Dwelling house, In Wittness whereof
I have Sett my hand this 26''' ffebruary 1652
Test Cuthbt WiHm Whittle his Mark
Tho Hayward his Mark
March 2^° 1653 I William Whittle doe acknowledge Sixty
Six pounds of Tobacco More due to John Danby over and
above this Bill, and doe hereby Confesse a Judgment for all
and desire it to be Entred accordingly.
The mark of WiHm Whitde
Coram Me William Bretton
Upon the Mocon of John Danby that Judgm' might be
allowed and Entred for him against William Whittle for the
Eight hundred and fifty pounds of Tobacco and Caske Men-
tioned in the Bill to Manning and Sixty Six pounds More
according to the Judgment Confessed before m' William Bret-
ton, as by the Bill and Judgment last before Entred appeareth
It is Ordered accordingly And the Said Whittle is now ad-
judged to pay to John Danby nine hundred and sixteen pounds
of Tobacco and Caske diereupon with Court Charges.
Execuco inde 12 April 1654 Versus -pson &c.
William Whittle ad Satisfaciend.
362 Cotirt and Testame7itary Business, 1654.
Liber B. The Same Court Continued
P- 57" 11° April Anno Domini 1654
Present as the day before
The Deposition of m' John Pile taken in open Court
at S' Maries in the Province of Maryland the 1 1"" day
of April 1654 upon Oath saith
rhat about nine or ten years agoe Argall Yardley of the
County of Northton in Virginia Esq. being indebted to him
this Depon' twelve hundred pounds of Tobacco and Caske or
^ thereabouts did give this deponent a bill or Note Under his
"^ hand whereby he ingaged himself to pay unto Cap' William
Stone Esq Now Governour of this Province the Said twelve
hundred pounds of Tobacco and Caske for the Use of Thomas
Cornwallis Esq upon this Deponents Accompt, And this De-
ponent further Saith that he Never received any Satisfaction
otherwise touching the Said twelve hundred pounds of To-
bacco & Caske from the Said m' Argall Yardley or any other
then by the Bill or Note before Mentioned. And further
Saith Not
Jurat ut Supra Coram Nobis : WiHm Stone, Tho Hatton
The Deposition of m' Nicholas Gwyther aged 28 Years
or thereabouts taken in open Court at S' Maries in the
Province of Maryland the 1 1"" day of April 1654 Upon
oath Sayth.
That he this Deponent was Servant to Tho: Comwalleys
Esq when one Thomas Harrison Came into this Province in
the year 1641 (as this Deponent taketh it) with the Said Cap'
Cornwalleys as his servant, and lived- in the house with this
Depon' one yeare or thereabouts before the arrivall of one
Richard Ingle which was in the year 1644 or thereabouts at
which time the Said Harrison was Sent by Cuthbt ffenwick then
Attorney to the Said Cap' Cornwalleys with one Edward
Mathews his fellow Servant to assist one Andrew Monroe to
bring a Pinnace (that then ridd in the Mouth of S' Inegos
Creek (as Near as Conveniently could be to the house of the
Said Cap' Cornwalleys which Said Servants (as they did report
themselves) were Commanded aboard the Ship of the Said
Ingle, she riding in the Mouth of the Said Creek, which Said
Mathews was there detained prisoner, And the Said Harrison
tooke up Armes in the assistance of the Said Ingle, and the
Said Harrison never after returned to his Said Masters Ser-
vice as this Deponent Ever Saw or heard, the terme of time
of the Said Harrison's Service was unknown to this Deponent,
but he hath heard the Said Harrison Say that the Said Cap'
Cornwalleys would abate Some of the time of his Service for
Court and Testameiitary Business, 1654. 363
his Care in looking to his Sheep in the time of his Voyage Libtr b.
further this Depon' Sayth that after his the Said Harrison's
assistance of the Said Ingle the Said Harrison fled out of this
Province, And this Deponent Sayth that after his flying he
mett with him at Accomack and talked with him, but Never
heard him pretend or Say that he had any discharge from the
Said Cap' Cornwalleys or his Attorney to the best of this
Deponents remembrance, All which or the Same in Effect this
Depon' averreth upon his Oath to be true, And further Saith
Not.
Jurat ut Supra Coram Nob: W"" Stone. Tho: Hatton
Mr William Nugent pile 1 The Compltcs Suit being for Damages
Richard Watson Uefencu / incurred by reason of the defendants Non
performance of a bargaine or Agreem' about the building of a
house for the plte. The defend' by his Answer denyed that he
made any bargaine or Agreem' at all, and Soe not liable to
pay any Damages, Whereupon the Matter in question was
referred to be tryed by a Jury. And the Sheriffe Impannelling
m'' Thomas Mathew, Walter Beane, John Medley, William
Marshal], William Lucas, Walter Waterling, Henry Adams
Barnaby Jackson, WiHm Brown, Walter Pakes, Robt Macklyn
and John Martyn to be of the Jury for this Tryall, who making
Choice of the Said m' Thomas Mathewes for their foreman,
had their Charg given them as followeth upon Oath Viz. You
Shall Swear to give in a Just and true Verdict to the best of
your Skill and Understanding upon the Matter appearing by
proofe or otherwise the defend' ought to pay unto the plte any
Damages in respect of the Matter Complained for or not, and
if he ought to pay any Damages then what Damages. Soe help
You God &c. After which Charge Soe given them as aforesaid
and long Debate of the Matter in difference the Said Jurors
returned their two Joint Verdicts to the Court as followeth.
Viz' We find the Bargaine to be a Bargaine upon which Dam-
age ought to be allowed to the plantiffe m' Nugent (And also)
We find the plantiffe three hundred pounds of Tobacco and
Caske for his Damage besides all Court Charges And the
Court doth Order accordingly that the defendant doe pay unto
the plantiffe the Said three hundred pounds of Tobacco and
Caske with Court Charges, and that to be an end of all Dif-
ferences touching the Matter in question.
The Deposition of 1/ WiHm Lewis taken in open p. 574
Court upon Oath the 10''' of April 1654.
Lieu' William Lewis Maketh Oath that Richard Watson did
tell him this Deponent that he was to build a house of 20'''
foot Long for m' \Villian\ Nugent who was to give him or John
364 Court and Testamentary Business, 1654.
Liber B. Taylor for the Same the rights of three hundred Acres of Land.
And that the Said Watson did Sett up the frame of the Said
house upon m' Starkeys land at the Mouth of Portoback Creek,
All which or the Same in Effect this Depon' Averreth upon
his Oath to be true. And further Sayth not.
Sworne in open Court ut Supra
The Deposition of Edmond Lindesey taken upon
Oath in open Court the 10"' of April 1654 Saith
That about a weeke before Christmas was a twelve Month,
goeing downe from Portoback to S' Maries he called in at the
house of m' William Nugent, and found there m' Nugent's
Man and Robert Nugent and one Richard Watson, the Said
Watson hearing which way I was bound, desired me to give
him a passage along with me, and yo' Depon' replyed, will you
goe downe and leave the house undone, he the S'' Watson
Answered that he would goe downe and Come up again as
Soon as he could, All this or to this purpose this Depon' aver-
reth upon his Oath. And further Saith Not.
Sworne in open Court ut Supra
Marks Pheypo pite ■) Upou the pltes Mocon and reading of
Coll ffrancis Yard!ey p \ an Order of 6° Marcij last. It is with the
Edw: Packer his Att. dec J Consent of the Defend'^ Attorney Now
Ordered that if the def doe not either by himself in person or
by his Attorney appeare and Answer this Suit at the Next
Court that Judgm' Shall then pass for the Debt, or So Much
thereof as Shall appeare due The pltes Demand being one &
twenty hundred pounds of Tobacco and Caske.
Tho: Cornwalleys Esq plte | 1 he plteS Suit being for 25 bar-
Coll, ffrancis Yardiy p Attorn deft ) rells of Cornc "p Bill payable the
last yeare and 1954' Tob: and Caske -p Accompt, It is with the
Consent of the defendants Attorney Now Ordered that if the
defend' doe not either by himself or his Attorney appeare and
Answer this Suit at the Next Provinciall Court to be held here
the 23"' of May Next that Order Shall then passe for the Debt
or So Much thereof, or Soe much thereof as Shall appeare due.
P- S'9 M' Hatton. Let me desire you to Enter a Judgm' of Court
at the Suit of Cap' Thomas Cornwalleys what he .Shall Justly
Make appeare upon Oath, I owe him in Tobacco this with my
Service to you, and Wittness my hand this 30"' of March 1654.
Wittness David Thomas Sign I John Tompkinson
Sign. Tho: Miller
Court and Testamentary Business, 1654. 365
Tho: Coinwalleys Esq plte \ The hearing of this Cause is upon the Liber B.
John Tompkinson defendt ] pij-gg MotioH respited till the Hcxt Court
he not having his Accompts ready.
M' Hatton, Sir, Be pleased I pray to doe me the favour to
Move the Court in my Busieness concerning m' ffenwick for I
am afraid Sir betwixt him and the Sheriffel shall never be paid
Except you please to Stand my friend, Sir, be pleased to Stand
my friend in this for 1 am alon and No body to looke after any
thing, if I Should Come my Self from home my Service &c
Aprill the 8'" 1654. Ales Bushell
Ales Bushell vid: plte ) Upon Motion on the behalf of Ales the
mr Cuthbt ffenwick def / widow & relict of ThoiTias Bushell de-
ceased. It appearing that m' Cuthbert ffenwick having been a
long time under Execution at the decedents Suit for non per-
formance of a Judgm' of Court of the 23"" of March 1652 goes
abroad at his Liberty and takes noe Course to Satisfie the debt.
It is Ordered that the Sheriffe upon perill of the Severe Cen-
sure of the Court doe forthwith returne the body
oun y nson ^j. ^ Cuthbert ffenwick to prison upon the Said
Execution. And the house of Henry ffox is hereby by the Gov-
ernour Appointed for the prison of this County of S' Maries,
and the Said Henry ffox the keeper thereof. And the Said m'
ffenwick is not to depart out of the Said Prison or the Limits
thereof being the distance of half a Mile or Under therefrom,
till the debt be Satisfied or the Court take further Order herein.
Robert Taylor plte ) The pltes Suit being for 1000' Tob: &
John Hambieton deft f Cask -p Bill and 653 qi Accompt. And the
defend' towards Satisfaction thereof produceing an Accompt
of 1063' of Tob: & Caske upon due Consideration of their
demands on both Sides It is Ordered that the defend' doe pay
unto the Complt five hundred pounds of Tobacco & Caske in
full discharge of the Bill and all Accompts betwixt the Said
parties with Court Charges The Bill being Now delivered Up
an Cancelled
Seer 70. 12 April 1654. Execucon ad Satisfaciend : Con p. 576
Estate def'
Robert Taylor plte 1 Upou Reading of an Order of the third
John Hambieton deft/ of March last whereby the phe was to make
Stoppage of the defendants Goods in his possession &c. It is
Now ordered by Consent of both parties that the defend' put-
ting in .Security to appeare the Next Court to Answer unto
what Shall be then Charged against him by tin: plte touching
the pltes Servant alledoed to be with ChiUl, the plantiffe is to
366 Court and Testamentary Business, 1654.
Liber B. deliver unto the defendant his Said Goods in that Order Men-
tioned.
Robert Taylor pite 1 The defendants refusing to appear (as
Henry Ketchmey&ux defts/ jg informed) after Sevcrall Rcferreuces
& Warrants Served on them for that purpose, It is Ordered
that a Special! Warrant be directed to the Sheriffe to bring
them to the Next Court
Upon the Mocon of m' John Hamond Attorney on the be-
half of Mary the wife of Robert Taylor and upon reading of
an Order of the fourth of March last made in this Cause None
appearing this Court to prosecute against the Said Mary Tay-
lor as by that Order is directed, It is Ordered that the Matter
depending against her in that Order Menconed be Clearly dis-
missed out of this Court, And She left at Liberty to prosecute
her Accusers therein if She See Cause as by the Said former
Order is directed.
captjohn Barriffe pite) The defend' L' William Lewis acknowl-
Lt wiiim Lewis deft \ gdgeth a Judgment to the plantiffe Cap'
John Barriffe of Eight hundred and tenne pounds of Tobacco
and Caske remaining due upon a Bill of Eleven hundred
pounds of Tobacco dated the 4"" of July 1652 (now delivered
up and Cancelled) and of 130' of Tobacco "p Accompt there
being 410' Fob: formerly paid thereof as appears by a Receipt
under the pltes hand upon the back of the Bill, But in respec't
of the pltes Neglect to prosecute the def' appearing upon an
Arrest (though he left the Bill with m'' Edward Packer who
alledged he had not any power to Sue as his Attorney) he
the Complte is to pay the ffees of the Warrant Arrest and his
Order
mr Henry Coursey & ai Co ) The hearing of this Cause is respited
mr Thomas Daynes deft f by the plautiffes Cousent till the Next
Court
p. 577 Devereux Goodwyn p Attorn plte 1 The hearing of tllis CaUSC is
mr Lawr Starkey p Attorn defendt ] respited till the Next Court. And
both parties are then to attend peremptorily
Richard True this day confesseth a Judgm' in open Court to
m' Thomas Hatton Secretary for Three hundred & fifty pounds
of Tobacco & Caske being in full of Eleven hundred and fifty
pounds of Tobacco & Caske assigned to the Said m' Hatton
by L' Nicholas Gwyther and due to the Said Gwyther upon
Bill for a Boate which the Said True bought of him and William
Boreman
i
Court and Testamentary Bushiess, 1654. 367
John Dandy plte ) ^hc CoiTiplteS Suit being for 465' Tob: due Liber ]
Edward ciaxton by I upoii Bill to L' Nicholas Gwytlicr who hath
Marks Pheypodef. j assigned the debt to the plte and one hun-
dred and forty pounds of Tobacco due upon Michael Baisey's
Accompt to the plte which the defend' Undertooke to pay and
forty pounds of Tob: upon the pltes own Accompt, Upon the
mocon of Marks Pheypo informing that the defendant by
reason of Some Sickness or Impediment was not able to Come
to the Court, It is ordered that the hearing be respited till the
next Court, And if the defend' doe not then Appeare, the
Court will then give the plte reliefe upon his Demand.
Mr John Hamond plte 1 The hearing of this Cause is respited dll
mrcuthbtffenwickdeft/ t;he next Court, as touching the Goods
Mentioned in an Order of the 4"" of March last to be delivered
by the defendant to William Warman
Know all men by these presents that I George Ketchmey of
Virginia doe institute, Ordaine and make my Loving friend
m"^ Richard More of Putuxent my true and Lawfull Attorney
for me and in my Name to receive & pay to arrest plead &
imprison to release & quitt & discharge for me and in my
Name in as ample Manner and as far forth as if I were in
presence, as Wittness my hand and Seale the 9"' of November
1653
Wittness. Thomas Buckston George Catchmey
Daniell x Ellesmore
To the Honble the Governour and Counsell p. 578
The Humble Peticon of Rich: More Attorney to
George Catchmey
Sheweth.
Whereas there was an Attachm' issued out formerly at the
request of Robert Brooke Esq upon pretence of Damage
which Attachm' was Void in October last and the Said m"' Brooke
Never Made any Damage appeare. Now yo"' Pedtion' humbly
Craveth that according to Order the Attachm' may be Void
whereby yo"^ Peticon"^ may be at Liberty to Call Henry Catch-
mey to an Accompt concerning the Timber, and that yo'' Hon'^
will be pleased to allow me my Charge and trouble in attend-
ing these two Courts. And your Peticon"^ Shall Ever pray
Kobe
Ko.erMwkeEsqpi.c ) ^pou the Petition of the defendants
George Ketchmey p Rich: \ Attorney and rcadmg of an Order 01 the
Moor his Attorney defend' J ^,1, ^f j^j^^ J^gj ^^^^ jn ^\^\^ CaUSC
whereby the .Attachm' in diat Order Mentioned was to Stand
368 Court and Testamentary Business, 1654.
r B. in force till October Court then Next, the plte having not Since
appeared to make Good his Claime by that Order. It is there-
fore Now Ordered that the Attachm' be Void and the Petition''
left at Liberty to prosecute the other defend' Henry Catchniey
according to his desire in his Peticon, if he See Cause
April 6. 1654. Be it knowne unto all men by these presents
that I William Boreman of the Province of Maryland Gent doe
Constitute and appoint my well beloved freind Richard Hotch-
keyes of the Said Province gent to be my true and Lawfull Attor-
ney in all Suits depending, and doe allow ratifie and Confirme
in as full power as Attorneys ought to have or be, As Wittness
my hand the day and year above written.
Test Robert Guest William Boreman
Loving ffriend Henry ffox Let me desire you to be my At-
torney ag' William Boreman for I am arrested at his Suit which
I never had any dealing with him for the Value of i' of Tob:
but what I have made him Satisfaction, therefore if you please
to do me this favour These are 'to Authorize you as My Law-
full Attorney to Answer for me or any other you Shall appoint
in my Name, as Wittness my hand this 30''' of March 1654.
Wittness John Metcalfe the marke of Tho: Baker
Willm Boreman p Nich: Hotchkyes Attorn l The pltC by his Attorney
Tho: Baker p Henry ff-x Attorn defendt / Sueing for lOO' of TobaCCO
for a pair of brass Shott Moulds, The defendants Attorney
denying the debt. The pltes "Attorney desired that the testi-
mony of m' Nicholas Gwyther Might be taken, who being
Sworne in open Court deposed as followeth viz: m' Nicholas
^^^ Gwyther Maketh oath that about two years Since he being
then Sheriffe the plantiffe desired him to demand of the
defendant 100' of Tobacco as due to him for the Said Shott
Moulds, And that upon his this Deponents demand thereof,
the defend' acknowledged the Same to be due to the plte but
did not then nor hath Since paid the Same Soe far as this De-
pon' knowes. And the defendants Attorney thereupon requiring
to have the pltes Oath, whether he had received the Same or
Not. It is thereupon Ordered that the hearing be respited till
the Next Court, and then upon the pltes Oath taken therein
the Court will then proceed to give him reliefe as there Shall
be Cause.
John Wakefield appointeth Robert Richins his Attorney in
the Cause wherein he is arrested at the Suit of Hubart Paty to
Answer at this Court.
Court and Testamentary Business^ 1654. 369
Hubart Paly pile ) '^^^ P'*^^ ^^ NoHSUited for Want of prOSeCU- Liber
John Wakefield de(t ^ tioii and IS Ordered to pay twenty pounds of
P Attorn ) -Yoh: to the defend' for his trouble in attend-
ing this Court with Court Charges
Upon the Mocon of Thomas Connery being Summoned for
a Wittness on the behalf of Hubart Paty against John Wake-
field attending two days and Paty not appearing, It is ordered
that Connery be allowed by Patty forty pounds of Tobacco for
his trouble and Charge therein
mr Phillip Land pite ) The pltes Suit being for 502' of Tob:
Admr John Stringer deft \ ^^^ Caske due tohim out of the decedents
Estate p Bill dated 23 January 1652. And m' Edward Packer
the Administrator now present and not objecting any thing
against it, It is ordered that the plte be paid out of the dece-
dents Estate the Said five hundred and two pounds of Tobacco
and Caske the Bill being now delivered up and Cancelled'.
Upon the Motion of Henry Pountney attending upon Sum-
mons to be Examined on the behalf of Richard Ware at the
Suit of Cap' Tho: Cornwalleys. It is Ordered that he be
allowed by Ware Twenty five pounds of Tobacco for his
attendance for one day
Upon the Motion of m' Nicholas Gwyther, It is Ordered that
the Attachm' laid upon the Estate of George Roper at his Suit
for 700' of Tobacco and Caske doe Stand in force till the Next
Court and the Said Gwyther is in the Meanetime to Endeavour
to give Notice thereof to Ropers widdowe that defence may be
made therein if She See Cause, and the Said Gwyther then
Clearing his demand to the Court Such releife will be given as ^' ^ °
Shall be thought fitt
The defendant now appearing and the
plte not attending the hearing of this
Cause, is respited till the next Court
Upon the Motion of John Medley for an Allowance in respect
of the great Charge he hath and is like to be at in keeping m'
Robert Greene, It is ordered that the Busieness be referred to
the Consideration of the next Assembly the allowance May be
made by publick Levy for his Satisfaction therein
Walter Beane plte 1 Thc pltcs Suit being for 1 835' of Tob: &
John uandy defendt ] Caske "p Bill & Accuiupt, whicli tile defend'
Saith he hath Satisfied
370 Court and Testamentary Business, 1654.
Liber B. Upon the defendants Motion, It is Ordered that if the defend'
at the Next Court doe not make proofe of Satisfaction, the
Court will then proceed to give the Com pit reliefe as Shall
be fitt.
It is Ordered with the defendants Consent
that the defendant Shall detaine in his hands
what Tobaccoe or other Goods, is any ways due from Robert
Warren to him to be answerable to the pltes Claime from
Warren in October Court Next.
Thomas Connery pite ) The hearing of this Cause is respited dll
mr Henry Hooper deft ; ^^ ^^^^ Court, and both parties are then
to attend
Tho: Batcheiorpite \ The hearing of this is respited dll the next
p. 58]
plte 1
Cloves Mace defendt / Court and both parties are then to attend.
Know all men by these presents that 1 Richard Lloyd of S'
Clements hundred planter doe Constitute and appoint m'
William Johnson of S' Clements hundred afores'' my Law full
Attorney in a Case depending in this wor" Court between me
and m' Paul Sympson and Shall Stand to the Award &c of the
Said Court in Order to the Said Controversy In wittness
whereof I have Sett my hand this 21"" of November 1653.
The mark of Richard LLoyd
Paul Sympson plte Richard ) Upon the Defendants Mocon
LLoyd p wm Johnson his Alton deft f j^y j^jg Attorney informing that
he had attended two Courts upon an Arrest at the pltes Suit,
And the plte Nor any for him appearing to prosecute. It is
Ordered that the plantiffe be Nonsuited for want of prosecution
and to pay two hundred pounds of Tobacco and Caske to the
defendant in Respect of his trouble and Charge incurred upon
this occasion And the Complt is also to pay all Court Charges.
The Court rising the Governour Appointed the Next
Provinciall Court to be held at S' Maries the three
and twentieth day of May Next.
Williani Stephens of Putuxent his Mark for Cattell and hogs
Viz. The uper part of the right Eare, and the under part of
the Left Eare Cutt away.
John Stephens Son of the Said William Stephens his Mark
for Cattell and hogs viz: his fathers Marks as above dis-
tinguished onely with a hole on the left Eare
Cottrl a7id Testamentary Business, 1654. 371
The Deposition of John Wheatley aged about 49'^' uber i
yeares Sworne & Examined this 18"' day of Aprill
Anno Dni 1654 Saith.
That about twelve years Since this Deponent and one
Thomas Harrison Came together in the Same Ship into this
Province with Thomas Cornwallies Esq out of England he the
Said Harrison being Covenant or Apprentice Servant to the
Said Cap' Cornwallies at his arrivall here in this Province of
Maryland and upon the Voyage professed himself to be a
Cooper, but after his arrivall here did not appeare So to be for
ought this Deponent Ever heard, And that for the first year he
was hired out to one Randoll Revell a Cooper and at the Expira-
tion of that year returned to the Said Cap' Cornwallies Ser-
vice, where he remained till he the Said Cap' Cornwallis
returned for England, and was by him left in the Charge and
Custody of m' Cuthbt ffenwick together with the rest of his
Servants, where he remained untill the arrivall of Richard
Ingle Marriner in this Province in or about ffebruary Ao 1644
at or about which time the Said Harrison (as appeared) de-
parted from the Said Cap' Cornwallies his Service and was
Entertained by the Said Ingle aboard his Ship, this Depon'
being then and there detained as prisoner, And this Deponent
hath been Credibly informed that the Said Harrison did loyne P' ^^~
With the Said Ingle and his Complices in the plundering of
his Said Masters house. And this Deponent further Saith that
he Never knew nor heard that the Said Harrison ever after
returned to the Said Cap' Cornwallyes his Service, or Ever
after offered his Service either to him the Said Cap' Cornwallis
or to the Said m' Cuthbert ffenwick his Attorney, neither did
he this deponent ever know or heard that the Said Cap' Corn-
wallyes or m' ffenwick ever gave him the Said Harrison any
leave to depart from his Said Service, This Deponent at the
time of the Said plunder and before living at the Said Cap'
Cornwallyes his house, being then or before his Covenant Ser-
vant, And this Depon' believeth that the Said Harrison upon
his first arrivall here was to be Servant to the Said Cap' Corn-
wallis for the term of five Years for that not long after his the
Said Cap' Cornwallis Said Departure for England, the Said
Harrison in this Depon" hearing Seemed to be much troubled
for that (as he Said) the Said m' ffenwick had told him that he
Came in a Servant for five years, when he thought that his
time had been but for four Years, All which herein before
Expressed or the Same in Effect this Depon' averreth upon his
oath to be true, And further Saith Not.
Jurat die & Anno Sui)ra diet Coram Nob: William Stone
Tho: Hatton
372 Court and Testamentary Business, 1654.
r B. The Deposition of Cuthbt ffenwick Gent aged
40 years or thereabouts Sworn & Examined, Saith
That he very well knowetli Thomas Harrison who arrived
in Maryland with Thomas Cornwallis Esq in or about December
1 64 1 as Servant to the Said Tho: Cornwallis being as this
Depon' hath often heard bought by the Said Tho: Cornwallies
of Richard Ingle Marriner master of the Ship wherein both the
Said parties Came out of England, being by profession a
Cooper, but at his arrivall in Maryland did not appeare a
Workman for that Trade and was thereupon hired out by the
Said Thomas Cornwallis to Randoll Revell Cooper for one
Year, and then returned to the Service of the Said Tho: Corn-
wallis where he remained at the Departure of the Said Tho:
Cornwallis againe for England, and was with the rest of the
^'^ Servants left by the Said I'ho: Cornwallis in the Charge and
Custody of this Depon', and was imployed by him untill the
arrivall of the foresaid Richard Ingle in Maryland in or about
ffebruary 1644 at which time the Said Harrison departed from
the house of the Said Tho: Cornwallis, and the Service of his
Said Master, and tooke up Armes in the Assistance of the Said
Ingle and his Associates for for the plundering of the Province
of Maryland without the Leave or approbation of this Deponent
being then the Attorney of the Said Thomas Cornwallis, whose
house was then also plundered. And the Said Harrison being
one of the plunderers, where the Indenture of the Said Har-
rison was taken away, being to the best of this Deponents
remembrance and as he Verily believeth for five years, after
which time the Said Harrison Never returned to this Depon'
nor to his Service, nor was Ever freed or discharged by this
Depon' nor Seen by this Depon' before he departed this Prov-
ince that he Can remember but when he Came in Armes to
Assist the Associates of the Said Ingle for the plundering of
his S'' Masters house And that during the time of the Said
plundering he had not in the house of the Said Tho: Corn-
wallis any of his Servants Except Negros and one Richard
Harvy a Taylor all the rest being either prisoners with Ingle,
fled to the Governour or in Armes as Associates to the Said
Ingle, and that therefore the Deposition of one George Mere-
dith is false and untrue All this or the Same in Effect this Depo-
nent averreth to be true And further Saith Not.
Jurat 18 April 1654. Coram Nob: William Stone
Tho: Hatton
The Deposition of Cuthbt ffenwick Gent aged 40 years
or thereabouts Sworne and Examined Saith
That being the Attorney of Tho: Cornwallis Esq when he
went for England in or about the year 1643. he very -well
Court and Tesiame^itary Business, 1654. 373
knoweth of a Note or Bill under the hand of Argall yardley Esq Liber b.
for the paym' of i 200' weight of Tob: and Caske unto 1 homas
Cornwallis Esq or his Assigns for the use of m' John Pile
which was left in the hands of Cap' William Stone now Gov-
ernour of this Province to receive of the Said Argall Yardley
which Said Note or Bill was afterwards returned as unpaid by p- s"^"*
the Said William Stone to this Depon' and taken from him by
Richard Ingle or his Associates in the plundering of a Pinnace
wherein this Depon' was then goeing to Accomack with his
Clothes and divers other papers Since which time this Depon'
demanded the Said Tobacco of the Said Argall Yardley and
he Confessed the debt and promised this Deponent Satisfacon
in Goods at the arrivall of a Dutch Ship which he then Ex-
pected Whereupon this Depon' delivered the Said m' Pile his'
Bill which he had alsoe in his Custody for Security of the Said
debt But never after received any Satisfaction of the Said
Argall Yardley for the Said debt. But when he after pressed
the Said Argall Yardley for it he Answered that he had paid
it to m' Pile, And gave this Depon' a Note Under his hand to
that purpose, which the Said m' Pile Denyed and refused to
Satisfie.
Jurat 18 die April 1654 Coram Nob: W"" Stone
Tho: Hatton
Tlie Deposition of Cuthbt ffenwick gent aged 40 yeares
or thereabouts Sworne & Examined Saith
That having a Bill of Cap' Giles Brents to one James Cauther
for 2500' of Tob: assigned to him from ffrancis Gray Executor
of the Said Cauther for Soe Much due to Thomas Cornwallis
Esq which Said Bill was forced from this Depon' upon Com-
plaint of the Said Giles Brent for unjust Molestation in or
about the Year 1648 being not then Sued or Molested by this
Depon' for the the Said Bill, which he having received upon
Condition to accept it as payment or Returne the Bill was
thereupon forced to discharge Soe Much of the Said Gray his
debt, and Never received any Satisfaction from the Said Giles
Brent for the Said Bill to the best of this Deponents knowl-
edge
Jurat 18 die April 1654 Coram Nob: Willm Stone
Tho: Hatton
Receipts or acquittances appointed to be put upon
Record by Order of Court of thi; tenth of March last
made upon the Motion of m' Thomas Hatton his Lilps
Attorney Generall upon his Ace' concerning the Dutch
Custom And are as followeth viz.
23" die Decembr 1651. Received by me Thomas Copley p. 585
Esq of m"^ Thomas Hatton his Ldps Attorney Generall four
374 Court and Testamentary Business, 1654.
Liber B. huiidrcd Seventy and two pounds of Tobacco and Caske in
part of paym' of the Tobacco allowed me out of the Dutch
Custome by Vertue of the Act of Assembly in that behalfe of
the 21"' of Aprill 1649. Wittness my hand the day and year
abovesaid
In the presence of Tho: Copley
Raph Crouch
Received by me M'" Margarett Brent of m' Thomas Hatton
his Ldps Attorney Generall three hundred and Ninety pounds
of Tobacco being the remainder of 510' Tobacco allowed to
me as Assignee of Stephen Salmon by Virtue of the Act for
defraying the Charge of S' Inegoes Garrison being in full of
my demand in that particular I Say received. Wittness my
hand this first day of October 1651. by me :
Marg: Brent
In the presence of
Giles Brent
Jn° Rookewood
Received by me Stanhop Roberts three hundred and Ninety
pounds of Tob: and Caske in part of five hundred and tenn
pounds of Tobacco allowed to me out of half the Dutch Custom
according to the Act of Assembly in that behalf I Say received
of m' Thomas Hatton his Ldps Attorney Generall 390' of To-
bacco and Caske as aforesaid As Wittness my hand this 4"" of
June 1652. by me
In the presence of the Mark of
Henry Coursey. Stanhop x Roberts
Received by me Marks Pheypo of m' Hatton his Ldps At-
torney Generall Eleven hundred and Eleven pounds of Tobacco
and Caske in part of Eighteen hundred pounds of Tobacco
allowed to Nicholas Keeting and my Self out of half the Dutch
Custom by Vertue of the Act of Assembly in that behalf of
the 21''' April 1649. I Say received as Wittness my hand this
27"" day of September 1651
VVittness James Lendshy Marks Pheypo
Received by me Nicholas Keeting of m' Thomas Hatton his
586 ^^Pt? ^"^'■"^y Generall Seven hundred fifty and five pounds
of Tobacco and Caske in part of what was allowed to my Self
and Marks Pheypo out of half the Dutch Custome by Vertue
of the Act of Assembly in that behalf of the 21'" of Aprill 1649
As Wittness my hand this 4"' day of November 1651
In the presence of Nicholas Keeting
Tho: James his Marke
Nicholas Gwyther
Court and Testamentary Btisiness, 1654. 375
Received by me John Villane of m' Thomas Hatton his Liber ]
Ldps Attorney Generall four hundred pounds of Tobacco in
Caske in part of 1300' Tobacco due to me out of the Custom
according to the Act of Assembly in that behalf. Wittness my
hand this 26"" day of November 1650.
Wittness the marke of
Nicholas Gwither John Villane
Received of m' Thomas Hatton his Ldps Attorney Generall
four hundred pounds of Tobacco and Caske being the remain-
der of Six hundred pounds of Tobacco allowed unto me out of
the Dutch Custom by vertue of the Act of Assembly in that
behalf and is in full of the Said debt of which I doe hereby
acknowledge my Self fully Satisfied, and Say received this 7"*
of June 1 65 1
As Wittness my hand. Henry Adames
Wittness Jn° x Buttery
his mark
Received by me William Smoote of m' Thomas Hatton his
Ldps Attorney Generall Eight hundred pounds of Tob. and
Caske in full discharge of So much due and allowed to me
out of half the Dutch Custome by Virtue of an Act of As-
sembly in that behalfe of the 2i"'of Aprill 1649 I Say received
As Wittness my hand this 20"* day of June Anno Dni 165 1
by me.
Wittness John Lawson W"* Smoote
Received by me Katheren Hebden of m' Thomas Hatton
his Ldps Attorney Generall three hundred Sixty five pounds
of Tobacco and Caske in full discharge of Soe much due and
allowed to me out of half the Dutch Custome in right of
Thomas Paine a ffort Soldier deceased by Vertue of an Act of
Assembly in that behalf of the 21''' of Aprill 1649 ^ Say received
as Wittness my hand this 30"" day of Aug' 1651 by mc
Wittness the mark of Katherin Hebden
Tho: X White
Received by me Nicholas Gwither of m' Thomas Hatton his p. 5S7
Ldps Attorney Generall two hundred and fifty pounds of Tob'
and Caske allowed unto me out of hall the Dutch Custome by
Virtue of the Acte of Assembly in that behalf of the 21''' day
of Aprill 1649 I Say received As Wittness my hand this 15'''
day of October. 1651
In the presence of Nicholas Gwither
William Smith
376 Court and Testamentary Btisiness, 1654.
Received by us Henry Adams and James Langwordi feoffees
in trust of the Estate of Thomas Green Esq deceased of Thomas
Hatton Gent his Ldps Attorney Generall Seven hundred thirty
two pounds of Tobaccoe and Caske in part of what remains due
to the Estate of tlie Said m' Greene out of the Dutch Custome
by Virtue of an Act of Assembly in that behalf of the 21''' of
Aprill 1649 being one Thousand twenty and two pounds of
Tob: & Caske according to allowance we Say received Seven
hundred thirty and two pounds of Tobacco and Caske, as
Wittness our hands this 18''' day of October 1651
In the presence of James Langworth
the marke of Henry Adams
John IM Mansell
Received by me John Jarbo of Tho Hatton Gent his Ldps
Attorney Generall five hundred Seventy five pounds of Tobacco
and Caske in part of what was allowed to me out of half the
Dutch Custome either as Atturney for Bartram Obert or other-
wise by Vertue of the Act of Assembly in that behalf of the
21"" of Aprill 1649. I Say received received as Wittness my
hand this 21''' of November 1651
In the presence of Jn° Jarbo
John Pille
Received by me John Dandy of m' Thomas Hatton his
Ldps Attorney Generall four hundred pounds of Tobacco and
Caske in part of Nine hundred pound of Tobacco and Caske
allowed to me out of half the Dutch Custome by Virtue of the
Act of Assembly in that behalf of the 21"^ of Aprill 1649
Wittness my hand this 21"' of November 1651.
John Dandyes A Marke
In the presence of
Patrick ffbrrest
Received by me Richard Willan of m' Thomas Hatton his
Ldps Attorney Generall Two hundred and Eighty pounds of
Tobacco and Caske remaining Due to me of four hundred
pounds Tobacco allowed to me out of half the Dutch Customes
according to the Act of Assembly of the 21''' of Aprill 1649
And is in full discharge of the Said four hundred pounds of
Tobacco and Caske Wittness my hand this Eight day of
January 1651
In the Presence of Richard Willan
Nicholas G wither
Received by me Henry Pountney of m' Thomas Hatton his
Ldps Attorney Generall Six hundred pounds of Tobacco and
Court and Testamentary Business, 1654. 377
Caske in full discharge of Soe Much allowed unto me out of Liber B.
half the Dutch Custome by Virtue of the Act of Assembly in
that behalf of the 21''' of Aprill of the 1649. Wittness my
hand this 15"' day of January 1651. the Marke of
In the presence of Henry I Pountney
the mark of
John X Halfhead
Received by me Raph Crouch gent. Administrator of Henry
Hooper of Thomas Hatton Gent his Ldps Attorney General!
Two hundred and twenty pounds of Tobacco and Caske in
part of what was allowed me as Administro' aforesaid out of
halfe the Dutch Custome by Virtue of the Act of Assembly for
defraying the Charges of S' Inegoes Garrison I Say received
this 12"* of ffebruary 1651 by me Raphe Crouche
In the presence of
Phillip Land
Received by me L' William Lewis of m' Thomas Hatton his
Ldps Attorney Generall three hundred pounds of Tobacco and
Caske in part of what was allowed to me out of half the Dutch
Custome by Virtue of the Acte of Assembly in that behalfe
Wittness my hand this 4''' day of July 1652. William Lewes
William Nugent
Received by me Cuthbt ffenwick gent of m' Thomas Hatton
his Ldps Attorney Generall four hundred and fifty pounds of
Tobacco and Caske in part of what was allowed to me out of
half the Dutch Custome by Vertue of the Act of Assembly in
that behalf. Wittness my hand this 9"" of July 1652
X , c Cuthbt ffenwick
Im the presence of
1° MaiJ, John Martin a heifer which he had of Thomas p- 589
Harris in his Life time Marked as followeth Viz. Swallow
tayled on the Right Eare and a hole, on the Left Eare Slitt
down and a piece taken away with it a Nick behind the left
Eare the Colour of the heifer is brown and a Browne Nose and
her Eares the Inside Brown.
23 May. Francis the Sonn of m' ffrancis Brookes the Elder
and Ann his Late wife deceased his Marke for Cattle and hogs
viz. Cropt on both Eares, and the right Eare Slitt in the Middle
of the Crop down to the Root, and the left Eare a hole in the
Crop.
28 April 1654. John Ashcomb of Putuxent his Mark for
Cattell and hogs viz. two Slitts on die left Eare makeing the
Same as a flower de Luce and one Slitt on the right Eare.
378 Court and Testamentary Business, 1654.
Liber B. At a Court held at S' Maries ) p„„_„^ J Ihe Governour
the 28'" of Aprill 1654 j rreseni | ^ Secretary
.. „ ■ n ,, „ , Whereas by an Order Made in this
Mr ffrancis Brookes plte ) _ i <- i i
Capt William Mitchell deft l Cause the Seventh day oi June last, it
et e Contra J ^^^g jj^g^^ Ordered that the hearing
Should be respited till the first Court after Christmas then
Next, and in default of a Security to be given in an Attachm'
to issue out against the Estate of Cap' Mitchell as by the Said
Order is directed. Now upon the Motion of the Compk m'
ffrancis Brookes informing that he hath by this Shipping
received Some Testimony out of England for the better
Clearing of the Cause Upon the hearing, and that Cap'
Mitchell is not yet arrived, nor his Comeing to be expected
this Yeare (the hearing being formerly referred in expectation
of his arrivall and the Said proofe) and that Security is not
given in according to the aforesaid Order, It is therefore Now
Ordered that the Said former Order of 7" Junij last doe Stand
revived and the hearing to be at the Next Provinciall Court to
be held the 23'*' of May next. And in respect Security is not
given in and Recorded according to that Order as the Secre-
tary doth Now Certify, An Attachm" is to issue out against
Cap' Mitchells Estate to the value of 2500' Tob: & Caske to
be Answerable Upon the hearing the 23''' of May Next Ac-
cording to the Direction of the former Order
p. 590 29 April 1654. An Attachm' issued out against the Estate
of Cap' William Mitchell at the Suit of m' ffrancis Brookes
according to the direction of this Order.
p. 591 24 May. Tho: Cornwallis Esq. demandeth three hundred
pounds of Tobacco and Caske as due to him out of the
Estate of Ffrancis Poesey deceased.
This Bill bindeth me John Modley of Newtowne in the Prov-
ince of Maryland, my Executors Administrators and Assignes
to pay or Cause to be paid unto Paul Simpson Gent his heirs
Executors, Administrators or Assignes the Suriie of Eight
thousand pounds of good Sound Merchantable Tobacco and
Caske at or upon the 20"^ day of November which Shall be in
Anno Dni 1654 at Newtowne aforesaid. Wittness my hand
the 7"" of Novemb. Anno 1653
Wittness hereof the mark of
John Thimbleby John X Medley
Robert Greene
Indorse ejusdem
I doe assigne all my right. Title and Interest of this
Bill within written unto Tho: Willford crent for a Valuable
Court and Testamentary Business, 1654. 379
Consideration reced. Wittness my hand the 8''' of Novemb: Liber i
1653. Paul Sympson
Wittness hereof
Richard Cole
Robert Greene
This Bill bindeth John Stringar my heires and Assigns to
pay or Cause to be paid unto John Biskoe his heirs or Assignes
the full and Just Sume of three hundred thirty four pounds of
Good Sound Merchantable Tobacco and Caske to be paid upon
all demands after the tenth of November Next Ensueing the Date
hereof, As Wittness my hand the ig'*" of May 1653 for two p'
of Stockings Seventy
pounds.
Wittness John Stringer
Tho Bennett
Marke Bloomefeild
These presents Testify that I John Biscoe doe assigne all my
right and Tide of this Bill over unto Walter Waterline Witt-
ness my hand this 25"" of April 1654.
mark
Wittness. W'" Osbesto John x Biscoe
I Edward Cole doe hereby Convey and assigne all my right p- S9-
and Interest of the within Menconed Land and Pattent unto
Robert Dougles, as Wittness my hand this 24"' of May 1654
the mark of
Test Henry Coursey Edward W Coles
May 24. 1654. I John Hallowes gent doe hereby acquitt
release and Discharge Thomas Cagcr from all Actions, Bills,
Accompts and Controversies whatsoever from the beginning
of the world to this present day. Wittness my hand
John Hallowes
Signed &c testor WiHm Bretton
These presents, Wittnesseth that I John Allen for Some
Considerations me thereunto Moving doe firmly by these pres-
ents bind my Self to Send or Cause to be Sent unto George
Mee unto his plantacon upon S' Jeroms in Maryland one man
-Servant bound for four Years to Serve the Said Geo: Mee in
all Such imployments as he the Said George Mee Shall Imploy
him in, And I the Said John doe further bind my Self to Send
or Cause to be Sent, unto the Said George Mee one Cloth Suit
of apparrell for a man Servant that now is with him resident.
380 Court and Testamentary Busi?iess, 1654.
Liber B. In Wittness whercof I have hereunto Sett my hand this 28'''
day of Aprill Anno Domini 1652
Signed and Delivered in the p"^sence of John Allen
William Hawley
the mark of
Will"' O Eddee
30 Maij. Know all men by these presents that I William
Whittle of Maryland planter for and in Consideration of a
Debt of two thousand weight of Sound and Good leafe To-
bacco and Caske due unto Thomas Cornwallis of the Same
Province Esq have Bargained Sold Assigned and sett over and
by these presents doth bargaine Sell Assigne and Sett over
unto the Said Thomas Cornwallyes his heires or Assignes All
Such Tobacco as Shall be made or produced out of the Labour
and Industry of the Said Whittle and his Servants this present
Yeare. to be delivered unto the Said Thomas Cornwallis or his
Assignes upon Demand when it is housed, and after to be
Struck Casked and Packt into Good hogsheads by by the Said
Whittle and his Servants Alwayes Provided that if the Said
Crop when it is Soe Casked Shall amount unto more then the
Said Sume of two thousand, whereof one hogshead is to be
packed without ground leaves, the Overplus Shall be and
remaine to the use and dispose of the Said Whittle his heirs
and Assigns. In Wittness Whereof he hath hereunto Sett his
hand this 12''' of Aprill 1654 mark
mark Willm x Whitde
Teste Cloves c. Mace
Richard Hotchkeys
30 Maij Wittnesseth these presents that I Henry ffox doe
confesse & acknowledg that I have received Satisfaction of
Thomas Cornwallis for all the Judgm" and Bills hereunder
written viz. A Judgm' against William Johnson and Luke Gar-
diner and the Estate of Cap' Willm Mitchell for three thou-
sand Eight hundred and fifty Pounds of Tobacco and Caske.
A Judgm' against ffrancis Poesey for Nine hundred pounds of
Pobacco and Caske. A Judgm' against Thomas Batchellor,
Tob: & Caske Six hundred and fifteen. A Bill of John Waug-
hop for Tob: & Caske Six hundred and Eighty. A Bill of
Richard ffoster and Accompt of Thomas Jackson four hundred.
A Bill and Accompt of Jn° Coleman's Two hundred and
twenty. All which Judgm'= Bills and Ace" I doe by these pres-
ents assigne and Sett over unto the Said Thomas Cornwallis
and his Assigns, Giving and by these presents Granting unto
the Said Thomas Cornwallis or his Assignes full power, and
Authority for me and in my Name to confesse and acknowl-
Court and Testamentary Business, 1654. 381
edge Satisfaction upon the Said Judgments when they are paid Uber i
and to give up or discharge the Said Bills and Accompts
without being Accomptable to me the Said Henry ffox my
heirs or Assignes, further binding my Self my heirs Executors
And Assignes in double the Sumes Specified to make Good
and Maintaine the Said Judgm'^ Bills and Accompts to be
Justly due to me the Said Henry ffox and that I neither have
aliened, assigned, nor Sett over the Same before to any nor
taken any Satisfaction for the Same of any of the Said Severall
parties or any for them, nor will not hereafter do it But upon
any further Dealing with the Said parties will Declare and
Confesse this Assignm' to them. Wittness my hand this 27"'
o.f may 1654.
Test. Richard Hothkeys mark
W Sinclair. Henry H ffoxe
Know all men that it may or Shall concerne that I Andrew p- 594
Painter of London Marriner doe acknowledge to have received
from Walter Waterling one hogshead of Tobacco in part of
paym' for one Man Servant to be delivered to the Said Walter
Waterling or his Assigns in or upon the first day of January
Next and this Servant is to be between Sixteen and one and
twenty years of age. And then the Said Walter Waterling or
his Assigns is to pay unto Andrew Painter or his Assignes the
Sume of Eight hundred pounds of good Tobacco and Caske,
And for the performance of this I Andrew Painter doe here-
unto Sett my hand this thirteenth day of ffebruary 1650
his mark Andrew Painter
Test John x Bisco, W"" Osbaston
Postscript. Andrew Painter the hhd weighs 400 weight
neate this Yeare.
May 14'*' Anno 1654. Virginia
The Deposition of C Thomas Burbage taken by L'
Coll Cornelius LLoyd Saith
That neither he this Depon' nor any other by his Order
received any part or parcell of 2000' of Tob: & Caske due to
this depon' from m' Thomas Gerrard of Maryland, the Said
Sume being due to this Depon' to the best of his remembrance
eight years being very conscious that he is damnified by the
non paym' of the Said Sume being Soe Long due 1600' Tob:
which Sume with the princi[)all this depon' humbly desireth
that the Honourable Governour and Council of the Province
of Maryland will be pleased to allow him, or what Sume their
Judgm" Shall think requisite. And further Saith not.
Jurat Coram nos Tho: Burbage
Cornelius LLoyd, Willm Daines
382 • Court and Testamentary Business, 1654.
Liber B. Know all men by these presents that I John Crabtree doe
make, Ordaine Constitute and appoint my well-beloved friend
Phillip Land my true and Lawfull Attorney for me and in my
Name to ask receive all debts and dues of what Nature Soever
due unto me whether by Bill or Covenant or for work done,
And upon Satisfaction given to my Said Attorney Acquittances
Releases or what else is needfull and necessary to be done in
the premisses, I give full power and Authority as if I my Self
were personally present, And upon refusall made by any per-
son or persons whatsoever to give Satisfaction unto my Said
Attorney. I doe by these presents give full power unto my
Attorney to Arrest, implead Imprison any person whatsoever
in as full Ample Manner as if I were present as Wittness my
hand this 7"' of June 1654.
p. 596 23 Maij. M"' Nathaniell Pope, by William Johnson his
attorney demandeth Six hundred and Sixty pounds of Tobacco
& Caske out of the Estate of ffrancis Posey deceased.
At a Court held at S' Maries
23 Maij Anno Domini 1654
p j The Governour Cap' Price, the Secretary and
( m' Clarke
ThoCornwalleysEsqrplte) '^"^6 CompltCS Suit being for Eight
Nicholas John & Peter \ thousand pouuds of Tobacco and Caske
Miles defenants ) ^^^ ^^ gjjj ^^^ ^j^^ defendants acknowl-
edging the debt It is ordered that the defend" doe forthwith
pay the same to the plte and the Bill or Speciality to be Can-
celled
John Norman pit I Upo Reading of an order of the tenth of
Edward Bowles def / ApriU last, whereby the hearing of this cause
was respited till this Court and the pltes Suit being for fifty
Acres of Land and Corne Clothes &c according to the Cus-
tome of the Countrey in respect of his being Servant to the
defend' To which the defend' denyed that any Corne or Clothes
were due and produced the pltes Indenture whereby there was
onely fifty Acres of Land to be allowed him, It is therefore
Ordered that the defend' do allow to the plte fifty Acres of
Land according to the Indenture, and the defend' with his
owne Consent is Ordered to pay all Court Charges in this Suit
William Stone Esq plte ) It is Ordered that an Attachm' issue out
Cap. Tho: Wilson deft ] against the defendants Estate in the hands
of Cap' Cornwallis at the pltes Suit for 900' of Tob; & Caske
Attach: inde 24 Maij ret nt:xt Court after Serving thereof
Court and Testamentary Btisiness, 1654. 383
The Same Court Continued 24 Maij l
f The Governour, m' Gerrard, Cap' Price
Present I the Secretary, m' Chandler, m' Clarke
The Deposition of Robert Hooper Servant to Jn" Danby
Sworne & Examined in open Court the 23''' of may 1654
Saith
That being Sent Sometime the last winter by his Said Master
to Edward Claxton to know whether he were willing to pay a
Certain quantity of Tobacco to this Depon" Said Master upon
Michael Baisey's Accompt or to that purpose the Said Claxton
Answered that he would willingly pay it him if he would gett ^
a Note from Baisey for the paym' thereof accordingly or to that
purpose. And this Depon' further Saith that at the Same time
by his Said Masters appointment he Carried and delivered to
the Said Claxton a Smoothing Iron, for which the Said Claxton
then Said he would pay this Deponents Said Master or to that
purpose, And further Saith Not.
Sworne in open Court ut Sup^ Tho: Hatton
The Deposition of John Bowcock aged 20'>' years
or thereabouts taken in open Court this 24''' of May
1654 Saith
That Some time in ffebruary last as he remembreth he went
along with his Master John Danby to the house of Nicholas
Keeting where his Said Master met with Edward Claxton and
his wife and told him that he had a Bill of his the Said Claxton,
assigned over to him from Nicholas Gwither demanding of him
if he were Content therewith and would Satisfie the Bill or
debt of his Said Master, withall pulling the Bill out of his
pockett and asked him if it were his Mark, To whom the Said
Edward Claxton made Answer that he would pay it. And
further desired this Said Deponents Master to Send him a hand
to help him to Strike his Tobacco when it was a Season, And
further he Saith not.
Sworne in open Court ut Sup' Tho: Hatton
I Edward Claxton doe make my loving ffriend ffrancis
Brookes my Lawfull Attorney in this Cause depending between
me and John Danby as Wittnessmy hand this 23"' of May 1654
The Mark of Edward Claxton
John Danby pUe . ^, The CompHs Suit being for 465" of
Edward Claxton by \ 1 obacco ct Caskc due Irom the detcncl'
ffr: Brookes his Attorn dcf. J j^ Nicholas Gwithcr p Bill and assigned
to the plte, and for 140' of Tobacco upon the Accompt of
Michael Baisey and for forty pounds of Tobacco upon thepkes
own accompt being in the whole Six hundred forty and five
384 Court and Testamentary Business, 1654.
Liber B. poiinds of Tobacco & Caske as also 20' of Tobacco more in
respect of the phes Servants attending this Court upon Sum-
mons as a Wittness on the def" behalf, and the defendants
Attorney makeing no objection It is by both parties consent
Ordered that the defendant doe pay unto the plte by the tenth
day of November next the whole Sume of Six hundred Sixty
five pounds of Tobacco and Caske with Court Charges, and
p- sgs Jn default thereof Execution is then to pass upon this Order,
And the Bill is delivered up and Cancelled.
n,r Mathew Stone pit ) The Comp" SuCS for 287' of TobaCCO
Edw: Packer Admr of John \ and Caske which he paid for and at the
stringer deceased defend. ) request of the decedent John Stringer
he paid to Seabrant Derickson as appears by the Bill and
Receipt thereupon, and Nothing being objected to the Con-
trary, It is ordered that the plantiffe be paid the Said Two
hundred Eighty Seven pounds of Tobacco and Caske out of
the decedents Estate if there be Assetts, The Bill and Receipt
before Mentioned which are now Cancelled being as followeth
here Upon Record.
This Bill bindeth me John Stringer of the County of Acco-
mack Carpenter my heires Executors, Adminisfs to pay unto
Seabrant Derrickson of Edam Merchant or to his Executors
Administrators or Assignes the Sume of 287' of Tob: & Caske
due to be paid the tenth day of November next after the date
hereof Wittness my hand this Sixt day of May 1651
John Stringer
Wittness. Mathew Stone
Indors eiusdem
The 7''' of ffebr 1652. Received of Mathew Stone in full
of this Bill the Sume of 287' Tob: in Caske.
Seabrant Derrickson
M' John Stringer and Namesake I would request you to
make payment of that 741' of Tob: & Caske due unto me by
Bill unto my Brother Mathew Stone if you have not already
paid it to m' Eltonhead whom 1 gave order to receive it, You
know it hath been Long due, therefore I hope now you will
not faile to make me Satisfaction, I have Now Ordered my
brother Mathew Stone to receive it from you, not doubting but
you will be mindfull of him who was always
January 8. 1653 Yo' ready friend John Stringer
John Stringer Chirurgeon p mr Mathew Stone his Attorn pit ) The pit by
Edward Packer Admr of John Stringer Carpenter deced defend" J \{^.^ Said At-
torney Sueing for 71 1' of Tob: and Caske appearing to be due
Court and Testamentary Busitiess, 1654. 385
from the decedent to the pit by Bill dated i 2 ffebr 1 650 & i)ay- Liber J
able 10 No: then next, now produced, And no objection being
made to the Contrary It is Ordered that the pit his Attorney
or Assignes be paid the Said Seven hundred and Eleven
pounds of Tobacco and Caske out of the decedents Estate if
there be Assetts, And the Bill is delivered up and Cancelled.
Devoreux Goodwy p Atton pit ) This Cause having been res- p. 599
Lawrence Starky Esq p Attorn defdt f pjjgj i\^q j^vo laSt CourtS and
Comeing now to be heard the plte by his Attorney Sueing
for 591' of Tob: & Caske which he claimeth to be due to him
upon Accompt out of the Estate of Thomas Copley Esq de-
ceased whose Successor the defendant is, And the plantiffes
Attorney having as he Saith lost the pltes Attest to his Ac-
compt aforesaid, It is Ordered that he produce the Same by
the next Court till when the hearing is respited And both par-
ties are then to Attend peremptorily.
Thomas CornwaiHs Esq pit ) Upon reading of the Order of respite
joiin Tompkinson defendt ] made in this Cause the last Court, And
the defend" direction for the passing of a Judgm' upon Record,
The plantiffe now produceing an Accompt of 849' of Tobacco
and Caske as due to him from the defend', and makeing Oath
in open. Court that the Same is a true and Just Accompt to the
best of his knowledge and that the defend' nor any other hath
not paid him the Said Eight hundred forty nine pounds of To-
bacco and Caske or any part thereof, It is Ordered that the
defendant doe forthwith make paym' thereof to the plte his
Attorney or Assigns widi Court Charges.
To the Honble William Stone Esq Governour &c
The Humble Petition of Walter Pakes
Sheweth
That in March Court last yo' Petition' Petitioned and thereby
Commenced Suit ag' John Hamond concerning the plantation
which yo" Petition' Sold him, the Said m' Hamond alledging
Certaine false pretences touching the Same, Wittnesses were
•jjduced and the busieness put to Arbitration with the Consent
of both parties. But m' Hamond failing therein yo' Petitioner
Came down and intended to prosecute the Said former Suit
the last Court Whereupon m' Hamond Came to your Petition"^
assureing him that he would Stand to the Censure of both the
Arbitrators formerly Named betwixt them passing bond unto
yo"^ Petidon' to that effect. Since which time he hath delayed
your Pedtioner not Suffering the Arbitrator on his part to
meet and Come to the .A.rbitration of the Said Cause depend-
ing betwixt them Much to yo' Petition' damage and hindrance
386 Coiirt and Testamentary Business, 1654.
Liber B. w"^*" delay and unconscionable proceedings of the Said Hamond
your Petitioner requesteth this Honble Court to Examine and
P' ^°° relieve your Petitioner herein as according to equity & Con-
science Shall Seem Expedient And he Shall Ever pray &c.
Walter Pakes pite ) The Compltes Suit 'being for 4500' of
mr John Hamond deft f Tobacco and Caske for which he Sold the
defendant his plantation as by the pltes Petition preferred in
March Court last appeare, the Cause having ever Since Stood
in reference, The defend' by his Answer Saith that he did agree
to pay 4500' of Tobacco & Caske for the Said Plantacon, And
that towards Satisfaction thereof he paid m' Phillip Land Six
hundred pounds of Tobacco and there remained due to him
for a feather bed Sold the plte five hundred and that the plte
remitted 2800' Tob: part thereof upon his the defend' entring
into a Covenant to be his Attorney or Solicitor in the differ-
ence betwixt him and Paul Sympson, And that he gave the
plte a Hill in January last for 600" of Tobacco and Caske being
the Remainder of the Said debt, Whereupon the Complt (ac-
knowledging the rest) denyed that he remitted the 2800' lob:
upon the defendants Entring into the Covenant afores'' which
he Entred into gratis without Expectation of any Satisfaction
for his pains therein as appears by the Same now produced,
And the defendant being not now able to prove any remission
of the Said 2800' Tobacco desired respite till the Next Court
for his proofe therein, It is thereupon Ordered that the hear-
ing be respited till the Next Court, And the Court will then
upon the hearing (which is then to be i^emptory) consider of
fitting Satisfaction in respect of the delay menconed in the
pltes Pedcon this day Exhibited if there be Cause, All other
differences now depending in Court betwixt the Said parties
being by Consent on both Sides till then respited.
mrjohn Hamond pit •» Upon reading of a former Order made
mr cuthbt ffenwick deft | j^, jhis Cause the 4"' day of March last the
Matter having Ever Since Stood in reference and both parties
now attending forasmuch as the defend' hath not yet per-
formed the direcdon of that Order as touching the proofe
therein Mendoned, It is now ordered that the defend' do pay
to the Complt three hundre and fifty pounds of Tobacco and
Caske for the Carpett and other things Menconed in that
Order and in the pltes Peticon then Exhibited to be detained
from him by the defend' with Court Charges
Cap' Henry ffleet i,y mr \ The pit by his Attorney Sues for
John Haiiowes his Attorney plte [ 490' of Tobacco and Caske due by
William Edwyn defendant j ^U 1 r it.. 1^1 C£ 11
the Ueiend' to one 1 homas nrancklyn
Court and Testamentary Business, 1654. 387
deceased as appeares by Bill Dated 12 ffebr 1643 payable the Liber b.
tenth of November then next The plantiffe being (as his Attor- g^,
ney allcdgeth) Administrator to to the Said ffrancklyn, And
the defendants wife alledging the Said Debt was paid and de-
nying the plte to be Administrator to ffrancklin, the plantiffes
Attorney produced a writing under the defendants hand dated
1° Decembr 1652. whereby the defend' assigned over to the
pltes Attorney two Bills in Satisfaction of his debt which Bills
were returned to the defendant as non Solvent, It is thereupon
Ordered that the defendant doe pay unto the plte his Attorney
or Assignes the Said four hundred and Ninety pounds of To-
bacco and Caske with Court Charges, the Said Bill and assign-
ment being delivered up and Cancelled
In dors Bill
I Cap' Henry ffleet Administrator of Tho: ffrancklin doe
make John Hallowes my Lawfull Attorney to use all Lawfull
meanes to recover this Debt. Wittness my hand this 30'^' of
July 1652 Henry ffleete
Thomas Connery plte 1 The hearing of this Cause is respited till
Henry Hooper defendt ; ^^ p^^^t Court, and both parties are then
to attend personally.
The defendant acknowledgeth a Judgm'
to the plantiffe of three hundred thirty Eight
pounds of Tobacco and Caske to be paid by the tenth of No-
vember next or Else Execution is then to passe.
The Same Court Continued 25'° Maij
Present as the day before all but m' Gerrard
Thomas Batchellor upon the Accompt of Samuel Parker this
day acknowledgeth a Judgm' to John Danby of four hundred
and ten pounds of Tobacco and Caske due upon Bill from the
Said Parker to Danby by Assignment from John Walton and
of fifty pounds of Tobacco more for fixing a Gunn.
Recognit Coram Nob: Tho: Hatton Robt Clarke
Thomas Batchelor this day acknowledgeth a Judgment to
Henry ffox of Six hundred and fifteen pounds of Tobacco and
Caske. Regnit Coram Nob: Tho: Hatton, Job Chandler
Henry ffox plte ) '^''^^ Complt having Sued out an At-
capt wiiim Mitchell by wiiiin [■ tachm' against the defendants Estate
Johnson his Attorney defend" ) ^^ j|^g y^],^,^ ^f ^qOqI ^,f 'lobaCCO &
Caske returnable this Court, In Order thereunto now Sueth p. 602
388 Court and Testamentary Business, 1654.
Liber B. for Satisfaction upon his Accompt now produced viz. for 2000'
of Tob: & Caske whicli he was adjudged to pay to m' ffenwicke
by Order of the Second of March last for Cap' Mitchells debt
being his Attorney, And William Johnson Cap' Mitchells now
Attorny not objecting against the plantiffes Accompt the Court
thinks fitt to allow thereof, as also upon his Motion now Made
to allow him 300' of Tob: & Caske for his pains in Managing
the s*" Cap' Mitchells busieness as his Attorney Since his de-
parture being in the whole pounds of Tobacco and
Caske for present paym' whereof together with Court Charges,
the Court thought fitt to pass an Order, But upon the Said
William Johnsons and Luke Gardiner's Ingaging themselves
and their Estate for the Satisfaction of the Said Debt and
Charges of Court in Case the paym' thereof might be respited
till November next. It is with the pltes Consent Ordered and
adjudged that the Said Cap' Mitchell, William Johnson or
Luke Gardiner Shall Satisfie and pay unto the Said Complt
for the Said pounds of Tobacco and Caske together
with Court Charges by the tenth of November next or in de-
fault thereof Execution is then to passe for the Same upon this
Order against them or any of them, their or any of their
Estates.
Henry ffox this day at William Johnsons Motion in open
Court Layeth down and disclaimeth all power and Authority
granted to him by Vertue of Cap' Mitchells Lre of Attorney to
him made or Given
„ . „ , , , Upon reading of an Order of the
m"- ffrancis Brookes plte T ,,,. '^ , . ■! i i ■ i • ,^
capt wiiim Mitchell by wiUm ' sb"" ol April last made in this Cause
Johnson his Attorney deft \ ^nd of another Order of the y"' of Tune
et e Contra I , ^y,, , t-. i t • r- ■
last, 1 he plte Brookes his Suit appear-
ing thereby to be for 14' money Sterling and 780' Tob: & Caske
upon Accompt with Damages, And the Said Brookes now
produceing two Depositions of John W^ildman Esq and Eliza-
beth Bolton taken in England for proofe of the Agreem'
betwixt Cap' Mitchell and the late wife of the Said Brookes
upon her Voyage hither the 14' Sterling appearing thereby to
be Justly due, and upon reading the Deposition of Susan War-
ren upon Record touching the Said Accompt It appearing
thereby that Cap' Mitchell had divers of the particulars Men-
coned in the Same Accompt upon promise of Satisfaction and
that he Injuriously detayned the Said Brookes his Late wifes
Trunck, and keys from her, hereupon and for that it Evidently
appeares to the Court that the Said Cap' Mitchell did Sell to
the Said Brookes his late wife as an Indenture Servant without
any right or Title Soe to doe, It is now Ordered that the Complt
Court and Testamentary Business, 1654. 389
m' Brookes be allowed in lieue of the Said fourteen pounds Liber
Sterling, fourteen hundred pounds of Tobacco and Caske, and
^^.. upon the Said Account Seven hund'' pounds of
Exeru'tinde | Tob: and Caske and three hundred pounds of
d°i[t'^d's't !■ Tobacco and Caske in respect of his trouble and
is'fac''24ooi I Charge in procureing the Said Depositions out
Tob: & Caske J gf England being in all two thousand four hun-
September'^ieih "i dred pounds of Tobacco and Caske and that the
■656 the pife j Same be forthwith paid unto him by the defend'
Sati"£rc6n^^ 1" Cap' Mitchell or out of his Estate together with
upon this Court Charges in this Suit. And it is further
g"^" Ordered that the Crosse Suit wherein the Said
•Cap' Mitchell is plte against the Said Brookes for Considera-
tion upon Sale of his Said wife before menconed be abso-
lutely dismissed out of this Court with all Charges of Court to
be paid by Cap' Mitchell in that Suit
Francis Brookes his Accompt to Cap' Mitchell. Tob: & Caske
for ^ of a yard of Rich Flanders Lace 1 50
for a remnant of Scarlett 1 50 for Holland for 2 Caps and ^
Scollops for a Cap 50 J 200
for Silver Lace 20 for black Ribbin 24 for Scarlett 1
Ribbin 30 J 74
for 3 Silk Laces 30 for Soweing Silk 20 for a pair of I
white Gloves 16 j 66
for I ounce of Sleeved Silk tied up in a piece to powder
his hair 30
for a blew Stone for Sore Eyes 30 30
Ware for Martha Webb.
A white Sarsnett hood 60 a Scolop hankerchiefe and )
Cuffes 130 a holland band 20 j 210
Tottall 760
John Wildman of Westminster in the County of Middlese.\
Esq maketh Oath that he was present when Cap' Williani
Mitchell hired Ann Boulton to be his Servant and to go with
him to Maryland, and it was then agreed betweene the Said p. 604
Cap' Mitchell and the Said Anne Boulton that She Should be
the Governess of his Children and family, and that the Said
Cap' Should give the Said Ann twenty pounds Sterling by the
year for her wages Soe long as She Should remain his Ser-
vant, and to pay the Same either here in England or in Mary-
land either in Money or Goods at the best rate as the Said
Ann Should Chuse, and he the Said Cap' Mitchell did there-
390 Court and Testamentary Business, 1654.
Liber n. upon in this Deponents presence pay the Said Ann Boulton
Seven pounds in part of half a yeares wages and it was then
also further agreed between the Said parties that in Case the
Said Ann Should not like the Countrey of Maryland he the
Said Cap' Mitchell Should Send her for England at his own
Costs and Charges, and if She the Said Ann did like to remaine
in Maryland and not in his Service She was to be at her own
Liberty, and to pay her for the time She Served him according
to the Said rate of twenty pounds by the year
Sworne the first day of december 1653 Edw: Eltonhead
Sheffield Stubbs
Elizabeth Bolton of the parish of S' Martins in the ffields in
the County of Middlesex widdow aged about fifty Years maketh
oath that She was present when Cap' Will" Mitchell hired her
Daughter Ann Bolton to be his Servant and to goe with him
unto Maryland, And it was then agreed between the Said Cap'
Mitchell and the Said Ann Boulton that She Should be Gov-
erness of his Children and family and that the Said Cap'
Mitchell Should give the Said Ann twenty pounds Sterling by
the year for her wages for So Long time as She Should
remaine his Servant and to pay it here in England or in Mary-
land either in Money or Goods at the best rate as She the Said
Ann Should Chuse, And he the Said Cap' VV" Mitchell did
thereupon in this Depon" presence pay the Said Ann Boulton
Seven pounds in part of half a yeares wages, And it was then
also agreed between the Said parties that in Case the Said
Ann Should not like the Countrey of Maryland he the Said
Cap' Mitchell Should Send her againe for England at his own
''■ °^ pper Costs and Charges, and if She the Said Ann did Like to
remaine in Maryland and not in his Service, She was to be at
her own Liberty, and he to pay her for the time She Served
him according to the rate of twenty pounds by the year
Elizabeth Boulton Edward Eltonhead Sheffield Stubbs
her E B Marke
Coll ffrancis Yardiey pit Capt Richard \ Upon reading of an Order of
Husbands p Edwd Packer Attorn deft ] ^^ 22"' day of November I 65 2
made in this Cause and of the pltes Accompt upon Record fol
88. by which there remains due from the defendant to the
plantiff 1347' Tob: & Caske, And the plfe now Making oath
in open Court that the Said thirteene hundred forty and Seven
pounds of Tobacco and Caske is Justly and truely due to him
from the defendant Cap' Husbands, It is thereupon Ordered
that payment be made thereof to the plte with Court Charges.
Court and Testa-mentary Btcsiness, 1654. 39 ^
Thomas Cornwallyes Esq pit 1 The plantiffe and defend' producing Liber a
Coll ffrancis Yardiey defendt / thejr Accompts on both Sides after
Much Arguing thereupon It is by Consent of both parties,
Ordered that the defendant doe pay unto the plantiff fourteen
hundred pounds of Tobacco and Caske with Court Charges.
30 May Execuc inde con Stat def ad Satisfaciend.
The Compke Sues for Satisfaction for
two Voyages from Virginia to the defend"
plantacon here in this province wherein the def' imployed him
and his Sloop or Shallop, To which the defend' alledgeth that
he gave m' Chapley i 200' of Tobacco or in Value for the first
Voyage according to his Agreem' with him who was m' of the
Vessell and Saith that for the Second Voyage the plte onely
tooke him into his Boate with four persons more being hither
bound with Some Other Small fraight for which he thought he
would not have Expected any thing, and the defendant not
being able to proove that the plantiffe made any Agreement
with him or that he was Master of the Vessell Saw no Cause
to relieve him as touching the first Voyage, But for the Second
with the pkes Consent It is ordered that the plantiffe Satisfie
to the defend' five hundred pounds of Tobacco and Caske with
Court Charges
30 Maij Execuc Con Stat def ad Satisfaciend p. Co6
Edward Packer Attorn of Col ) ^he pkntiffeS Suit being
ffrancis Vardlev plantiffe \ for lOOO' Tob: & Caske a
K.chardHotchkeys&VVilln, Boremandef.0 pi^ce for tWoAnckorS of
Drams apiece which the def" had of him which were Coll
Yardleys and Sold at that rate and no Satisfaction given and
the defendants acknowledging the debt It is Ordered that the
defendant Hotchkeys do forthwith pay unto the plte or his
Attorney one thousand pounds of Tobacco in Caske for two of
the Said Anckors and the defend' Boreman one thousand
pounds of Tobacco and Caske for the other two Ankors with
Court Charges.
Upon the Motion of L' Nicholas Gwither It is Ordered that
the attachm' at his Suit Executed upon the Estate of George
Rapier deceased doe Stand in force till the next Court
The Court rising the Governour appointed the Next Pro-
vinciall Court to be held the fifteenth day of November next
The De[)ositions of Henry ffox, nV John Metcalfe and
m'' Phillip Land taken upon Oath in open Court the
24"' day of May 1654. Say.
Henry ffox maketh oadi that in or about March last being
392 Court mid Testamentary Btcsiness, 1654.
Liber B. aboard of Coll Yardleys Vessell this Depon' heard the Said
Coll Yardley Say to m"^ John Johnson that now all differences
betwixt them the Said Yardley and Johnson were ended, And
the Said Colonell replying Said that he did freely forgive the
Said Johnson and hoped they Should be as Good friends as
they were formerly, and So tooke him the Said Johnson by the
hand and drank to him m' Johnson replying again Said that he
was Sorry he Should give Such abusive Language to his friend,
also the Said m"" Johnson told the Said Colonell that he did
freely forgive him the Said Colonell Yardley, for any differences
that had been betwixt them. This or to this purpose this Depon'
averreth upon his oath And further Sayth not.
M' John Metcalf maketh Oath that, that which Henry ffox
hath Sworne touching the differrence betwixt Coll Yardley and
m' John Johnson is true or the Same in Effect, And further
Saith Not.
M' Phillip Land Maketh Oath that he was present when the
words which Henry ffox hath Sworne to, touching the Difter-
, ence betwixt Coll ffrancis Yardley and m' John Johnson were
Spoken or the Same in Effect, and that the deposition of the
said Henry ffox in that particular is in Substance and further
Saith not
All these were Sworn in open Court the day and Yeare
abovesaid
Tho Hatton Seer
Know all men by these presents that I Henry Bishop of the
Province of Maryland planter have for and in Consideracon
that John Greenwell have already ingaged himself for me for
A Sume of two thousand pounds of Tobacco & Caske have
and by these presents doe bind over and Deliver unto the Said
John All my Crop of Corne, Tobacco and other fruits whatso-
^' ever in Consideration of Satisfaction of the Said Sume of Two
thousand pounds of lobacco & Caske Whereunto I have Sett
my hand this nineth of June 1654
the marke of Henry HB Bishop
Signed & Delivered in the
presence of us
William Johnson, James Langworth
Thomas Simpson
To all Christian people to whom this present writeing Shall
Come 1 William Marshall of pasquascutt in the County of S'
Maryes planter Maryland, Send Greeting in our Lord God
Everlasting. Now know ye that I the Said William Marshall
for divers Good Causes and Considerations me hereunto
Moving as alsoc out of a pious and a tcneler Love to God I
Court and Testamentary Busiiiess, 1654. 393
doe freely and willingly Give and bestow three heifers for Liber 15.
Ever, as foil That the Milk of those three heifers and \ the
Male increase Shall goe to the Maintenance of a Minister
which is to be in the now known Neck of Wicocomoco, and
further my desire is that if it please god that this Stock Should
increase till it Come to the Number of fifteen female Cattell, then
there to pitch and remaine at that Number and not to Exceed,
and for the other half of the Male Increase I doe give it to my
trusty and Wellbeloved friends, John Hatch, Edward Boules
and ffrancis Pope of the Same place, whom I have made Over-
seers of this my Deed of Gift toward their painesand Care and
in Case a Minister Should be wanting as God forbid then
these Cattell to remaine in the hands of my Overseers till
there be one, and when it Shall please God that these Cattell
Shall Increase to Exceed the Number of fifteen breeders that
then my Overseers Shall dispose of them to the poor or other
pious Uses as they Shall See Good, And further I Give full
and absolute power to my aforesaid trusty friends either at
Death or Departing this Countrey to Nominate three other
honest men as they Shall make Choice of which in the Said
Necke to the Same purpose, And I the Said W"" Marshall doe
promise to deliver as Speedily as may be, unto John Hatch,
Edward Boules and ffrancis Pope three heifer the one a red
heifer the other a Cole black with a Star in the forehead and
with white flanks and one brownish with a Starr in the fore- ''• ^°5
head with a white tagged taile Marked in the right Eare,
Cropt and in the left Eare Cropt and Slitt in the Crop, and
further if it Should happen that if any of the Overseers, Should
Imbezell or make away with this Stock Contrary to the prem-
isses within Mentioned then the parish to appoint others in
their Stead, To have and to hold the Said heifers to die use
Benefitt as is aforesaid for Ever with their Increase. In Testi-
mony whereof I have hereunto Sett my hand and Seale this 3
day of June one thousand Sixe hundred fifty and foure
his mark
Signed Sealed and Delivered ) William X Marshall
in the presence of us )
his mark
John X Cage
John Douglas
m"^ William Lucas his Mark for Cattle and hogs viz' the p. 610
llower d(? Luce on the left Eare and overkeeled on the right
Eare
23 Junij 1654. m' Phillip Land diis day Entreth upon Record
for the use of Phillip Land the Younger his Eldest Son one
394 Court and Testamentajy Business, 1654.
iber B. Cowe Commonly called Nansey Marked as followeth Viz: a
black Cowe white under the belly and about the Legs with
white Streake from her Rump downe the Right Buttock being
g burned on both horns with the Letters IC Cropt on both Eares
the right Eare two Slitts in the Crop, the Left Eare a piece
Cutt out from the root to the topp of the Crop. And for the
use of Thomas Land his Youngest Son one black heifer Cropt
on both Eares with two Slitts in the right Eare the Said two
Cowes with all and Every their respective female Increase to
be and remain for the future to the proper use and behoofe of
his said two sons their Executors Administ" and assignes
respectively. Wittness his hand the day and yeare abovesaid
Recognit Coram me Tho: Hatton Phillip Land
p. 613 20 Junii. Christopher Bushell his marke for Cattell and
hogs viz. Swallow forked on the left eare and Cropt and slitt
on the right Eare.
William Bushell Son of Christopher Bushell his marke for
Cattell and hogs viz. Swallow forked on the right Eare and
Cropt and slitt on the left.
Robert Hanley his mark for Cattell and hogs viz. the right
Eare Cropt with two Slitts in the Crop ; and the left Eare
Cropt and a piece Cutt out underneath below the Crop.
Maryland the 23 June Anno Dni 1654.
Whereas I John Bosworth Commander of the Charity of
London being by Charter -p' bound and Ingaged to take into
the Good Ship before Mentioned Eighty hogsheads of To-
C14 bacco upon the Accompt of m' Henry Meese Merchant Now
Whereas I the Said John Bosworth haveing desired the Said
m' Meese, to give directions where I Should Send for his To-
bacco having tendered my Shallops for the performance on My
part to bring it aboard, and he not performing his part to the
quantity of Thirty hogshead or thereabouts I doe hereby de-
clare and protest against the Said M' Meese he having not
performed his Covenant to the quantity aforesaid or there-
abouts and doe hereby declare and protest against the Said
m' Meese to the Value of Sixty pounds Sterl upon Dead
fraught
This protest was by the abovesaid m' John Bosworth made
before me Tho: Hatton Gent Secretary and Register of this
Province of Maryland as above is Expressed which at the Re-
quest of the Said m' Bosworth I doe hereby Attest, Wittness
my liand the day and year above written Tho: Hatton
Court and Testamentary Btisiness, 1654. 395
M' William Allen Merchant maketh oath that according to uber 1
his Severall Accompts upon Record touching the estate John
Stringer Carpenter deceased which to the best of his Under-
standing and knowledge is a Just and true Accompt there
remains due to him out of the said Estate fourteen hundred
forty five pounds of Tobacco and Caske to the best of his
knowledge
Jurat 4'° die Julij 1654 Coram mc Tho: Hatton
Edward Pearse Ship Carpenter maketh oath that aboutai'-^'5
twelvemonth Since John Winbridge then Quartermaster to
Cap' Tillman upon or about the time of his departure out of
this Province of Maryland in the Ship where Cap' Tillman was
then Master in this Deponents presence (being called by the
Said Winbridge to Testifie the Same) told Walter Waterling
that in case he dyed unmarried before his Arrivall in this
Province this year he forgave or remitted to the S"" Waterling
the debt which he the Said Waterling owed to him the Said
Winbridge by Bill or Speciality not long before Entred into or
to that purpose. And further Sayth not
Jurat 3 Julij 1654 Coram Mee Tho: Hatton
Know all men by these presents that Whereas my Husband
Richard Moore being Sick and weake upon his death bed did
Call to his wife Jane Moore and desired her to bring him the will
which he had formerly made and he pused it, and after that
he Cancelled it and Caused it to be burnt and made his wife
whole and Sole Executor to Sett and dispose of amongst her
Children as She will, Richard Manship and Elizabeth Manship
his wife being present at the Same time
Know all men by these presents that I Jane Moore the wife
of Richard Moore deceased doe bind over the four hundred
Acres of Land which we now live upon to be Equally Divided
betwixt my three Sons, Viz. Richard Moore Roger Moore and
Timothy Moore, and they to be of age when they are Come P' ^'''
to Eighteen, and the Maids at fifteen, and fourteen head of
female Cattell for .Seven Children for their use with all the
Increase, the Males being taken out of them and as they Come
to age or Marry their Shares to be taken out proportionably,
and if any of these Children Should dye the Cattell to goe
amongst the rest, and for the Land She is to Enjoy it So Long
as She the Said Jane doth Live, and then to Come to the
Children The niarke of Jane O Moore
Teste Richard Recklesse
the marke of Georoe W White
396 Court and Testamentary Btisiness, 1654.
Indors Ejusdem
Know all men by these presents That Whereas I Peter God-
son Chirurgeon intending to Intermarry with Jane Moore of
Calvert County in the Province of Maryland widdow, have
agreed and doe hereby Consent and agree (in Case the Said
Marriage take Effect) not to lay any Clayme to or Intermeddle
with all or any part of the Estate late of Richard Moore
deceased late husband of the Said Jane Moore menconed in
the within written Deed or Conveyance to be by the Said Jane
disposed of to her Childrens use, but will Leave the Same to
the Said Children accordingly Wittness my hand this Sixt
day of July 1654
Test Tho: Hatton the Marke of Peter G Godson
At a Court held at \ i Will™ Stone Esq Governour
S' Maries 16 Julij I Present^ Cap' John Price nV Tho:
1654 3 ( Hatton Secretary
Upon mocon made this day by m' Richard Welles Con-
cerning John and Ellen his two Irish Servants Informing that
they had Causelessly absented themselves for a Long time
from his Service and the Said John being brought into Court
by Henry ffox the Sheriffes Deputy upon the Governours
Comand or Warrant from the house of Nicholas Keeling he
alledging the Said Ellen to be his wife and that She was Sick
at Keetings house and that the Cause of their departure and
absenting themselves from their Said Masters Service was in
regard of Some abuse received from their Said Master in
giving them Correction, But it appearing to the Court that the
Said Correction was not given without Just Cause and that
they had been absent Six or Seven Weekes and that the Said
. m' Wells had been at great Charge of Boate and hands in
Seeking for them to the great hindrance of his Crop It is
Ordered that the Said John and Ellen in recompence thereof
and of 200' of Tob: which he the Said Wells is hereby Ordered
to pay unto the Said Henry ffox for his paines upon this Occa-
sion with Court Charges) Shall Serve the Said m' Wells their
Master or his Assignes the full terme and time of Eight Months
after the Expiration of their time of Service according to their
Indenture or Custome of the Country.
Robert Chipsham merchant maketh oath that William
Wright of Popler Hill in this Province of Maryland did agree
to pay unto him this Depon' Sixteen hundred and fifty pounds
of Tobacco and Caske after the then Next Season present pay
for a Servant which the Said Wright bought and had of him
about lught weeks Since, of which Tobacco the Said Wright
Court and Testamentary Business, 1654. 397
hath Since paid one hogshead weighing lesse than three hun- Liber is
dred pounds Neate Tobacco the Remainder of the Said 1650
being Still unpaid though often demanded Since the Season or
time of Strikeing Tobacco before Mentioned, And diis DejjO-
nent further upon his oath Saith that for want of the Said
Remainder the Merchants by whom this Deponent is Employed
in tradeing hither will be lyable upon the Ship's return for
England to pay Dead fraight after the rate of forty Shillings a
hogshead and further Saith not
Jurat Coram me 15° die Julij 1654 Tho: Hatton
Know all men by these presents that I William Allen Mer-
chant of the Good Ship called the Mayflower of London doe
■appoint Constitute and Ordaine my trusty good friend Thomas
Mathews of S' Maries in the Province of Maryland gent my
true and Lawfull Attorney for me and in my Name to demand
& receive due debts, Bills, bonds, Goods Chattells whatsoever
that doe belong unto me. And further doe Authorize my Said
Attorney if need require to Imprison Sue for and recover of
any person or persons whatsoever, and to use all Lawfull meanes
act or acts that Shall appear Just for the recovery of any Such
Debts as Shall appeare due unto me in as full an Ample man-
ner as if I my Self were present and whatsoever my Said
Attorney in the premisses Shall Justly doe I doe by these
presents . Ratifie and Confirme, And further more I doe
Authorize this my Attorney according as he Shall See Occasion ^' °'
to Constitute and order any other in Cases of Necessity, As
Wittncss my hand and Scale this 2'' of Aprill 1654.
In the presence of p William Allen
Daniell Hore
M' Thomas Mathews I find that I am Indebted to m' Thomas
Hatton in ffees of Court five hundred pounds of Tobacco and
Caske which I pray abate out of any Accompt to him and So
I rest your assured ffriend.
4 Julij 1654 In the presence of ) W'illiam Allen
Mathew Stone j
To all persons whom these Presents shall come, Greeting p- 621
Know ye that I Thomas Cornwalleys of the Crosse in the
Province of Maryland Esq' Have Constituted and appointed
And by these presents doe Constitute appoint and ordaine g,^
Richard Hodgkeys of the same place Gent my true and Lawfull
Attorney for me and in my Name and to the Sole use and
benefitt of me my heirs Executors Administrators or assignes,
to demand and receive all Such debts, duties Sumeand Sumes
of Tobacco, beaver, and other Commodities whatsoever which
398 Cotirt and Testamentary Business, 1654.
Liber B. now are or hereafter Shall be due and oweing to me the Said
Thomas Cornwalleys by any person or persons Whatsoever
within the Said Province of Maryland, Virginia or any part of
America, Giving and by these presents. Granting unto my Said
Attorney full power and Authority by himself or an Attorney
for default of paym' to Sue Arrest Implead or Imprison and
person or persons Indebted as aforesaid : And upon payment
made againe to release acquitt and discharge them or any of
them, but neither to Compound or Exchange any debt or
debts bill or bills whatsoever without the advice and Consent
of Cap' William Stone Governour of this Province of Maryland,
as alsoe with the advice and approbation of the Said Cap' Wil-
liam Stone to lett, Sett, aliene and dispose for the use and
benefitt of me my heires Executors & assignes all or any of
my Lands or houses Plantation or plantacons on Potomock
River within this Province of Maryland reserving only one
hundred acres of Rich Land for the habitation of my two Ne-
groes Peter and Mary. Further giveing power unto my Said
Attorney Richard Hodgkeys to Sell or Barter for beaver To-
bacco or any other Merchantable Commodity all Such goods
and Merchandize as are by me left and Intrusted with him, or
that Shall hereafter be Sent and Consigned to him, And what
my Said Attorney Shall Lawfully doe in all or any of the
p'misses whilst he Continues in my Imploym' and Authority is
Unrevoked I bind my Self my heires Executors Administ" and
Assignes to Ratifie and Confirme. In Wittness whereof I
have hereunto Sett my hand and Seale the -^ of July Anno
Dni. 1654
Sealed & dd in the p'sence of W Sinclare ) Tho: Cornwalleys
Rob. Guest j
p-<5^3 At a Court holden for the Province of Maryland the 16''' of
October 1654.
f Cap' Will'" ffuller m' Edward LLoyd
Present/ m' Rich: Preston M"^ Leon: Strong
( m' W"" Durand M' Rich: Euinge
John Ashcomb Sueth for Satisfaction out of Tho: Trum-
peters Estate for attendance and provision in his Sickness for
his winding .Sheet and burying of his Corps, which is allowed
to the Said Ashcombe from the Said Estate to the Value of
two himdred and fifty pounds of Tobacco.
It is ordered that Peter Godson Shall be allowed one hund""
and Eighty pounds of Tobacco out of the Estate of Thomas
'IVumpeter which is for Physick to him in the time of his
Sickness.
J
p. 624
Court and Testamentary Business, 1654. 399
Bartho: Herringe aged forty yeares or thereabouts Sworne Liber u.
Saith, That Peter Godson and Richard Manship meeting in
yo' Pett'^ plantation, Richard Manship asked the Said Peter
Godson whether he would prove his wife a Witch, Peter God-
son replyed take notice what I Say, I came to your house
where your wife layd two Straws and the woman in a Jesting
way Said they Say I am a witch, if I am a witch they Say I
have not power to Skip over these two Strawes and bid
the Said Peter Godson to Skip over them and about a day
after the Said Godson Said he was Lame, and thereupon
would Maintaine his wife to be a witch
Bartho: Herringe
John Killy aged twenty five yeares or thereabouts Sworne
Sayth. That at the house of Phillip Hide, Richard Manship
Said to Peter Godson you Said you would prove my wife a
Witch, Peter Godson answered Gentlemen take Notice what I
Say I will prove her a witch beare Wittness you that Stand by.
John Killey
Margarett Herringe aged twenty three or thereabouts
Sworne Saith, That Rich: Manship asked Peter Godson if he
would prove his wife a witch, and Peter desired them that
were present to take Notice what he Said your wife tooke
four Strawes and Said in the Name of Jesus Come over
these Strawes, and upon this your wife is a witch and I will
prove her one.
Whereas Peter Godson and his wife had defamed Richard
Manship' s wife in Saying She was a witch and Uttered other
Slanderous Speeches agst her, which was Composed and De-
termined by the plf' and defendant before m' Richard Preston,
Soe as Peter Godson Should pay Charges of Warrants and
Subpoenas in these Actions which Richard Manship desired
may be Manifested in Court that the Said Peter Godson & his
wife have acknowledged themselves Sorry for their Speeches
& pay Charges.
Ismeall Wright demands five hundred pounds of Tobacco
and two barrells & halfe of Corne by Accompt proved in
Court upon oath out of Thomas Trumpeters Estate which is
Granted by the Court
Peter Godson demanded one thousand four hundred and
thirty pounds of Tobacco of Bartho: Herringe for Physick and
Surgery impended on his wife, as by Accompt in Court, which
Accompt hath been Examined by men of the Same facultie
p. C25
400 Court and. Testamentary Business, 1654.
Liber B. and regulated to five hundred and Ninety pounds of Tobacco,
It is Ordered by this Court that Bartho: Herringe, Shall pay
the Said five hundred and Ninetie pounds of Tobacco to the
Said Peter Godson within twentie dayes or Else Execution.
It is Ordered that a Letter of Administration be Granted to
Ismael Wright upon Tho: Trumpeters Estate
Whereas William Ewen Attorney of m' Robert Clarke hath
demanded and proved one hundred Ninetie five pounds of
Tobacco and Caske by Specialty, It is ordered that it Shall
be allowed out of the Estate of Thomas Trumpeto' Deceased.
Elizabeth Manship aged fortie one yeares or there-
abouts Sworne Saith
That your Deponent Comeing home from Peter Godsons
found Margaret Herringe lying on the floor Crying out, this
Deponent asked her what She ailed, She touled her this De-
ponent that Phillip Hyde had beaten her about a log of wood
taken from the Garden fence, kicking her and beating her
head against the Oyster Shells, her face and head and Side and
private places all bruised. And that Phillip Hyde confest that
he gave her four Blowes on the head
Peter Godson Sworne Saith that he being Sent for to Mar-
garet Herring and found her bruised upon her head and her
Side and She Said that Phillip Hyde had done it and that
Margaret Herring was in a Violent fever
Thomas Gregory Sworne Sayth that this Deponent being at
Richard Manships Saw there Margaret Herringe lying in a
Sad and Sick Condition, and that Deponents wife Staid with
her three dayes and three Nights.
Richard Manship Sworne Sayth that Margaret Herringe
Came to this Deponents house, very Sicke, and that Phillip
Hyde Confest that he gave her three or four blowes & thrust
her up against the Wall.
Jane Godson Sworne Saidi that She this Deponent Sawe
Margaret Herringe, Sick and bruised in the head and that She
affirmed that Phillip Hyde had beaten her
Whereas it appeareth by oath of Richard Manship and Eliz-
abeth Manship that Rich: Moore on his Death bed did ordaine
his wife his Sole Executrix and left all at her disjjosing. It is
Courl and Testamentary Business, 1654. 401
Ordered that the Said Executrix Shall Exhibit a perfect Inven- Liber b
torie of the Said Richard Moores Estate into the next Court
or into the Secretaries office within three months
Richard Collett Attorney of Lawrence Ward Sueth to this p- 626
Court for nine hundred Eightie three pounds of Tobacco and
Caske due by Specialty to the Said Lawrence Ward as ap-
peares by the Said Specialty from John Wakefield, and the
Said Wakefield was arrested to appeare at this Court, which
he being not able through infirmities of bodie to do. It is Or-
dered that if the Said Wakefield Shall not appeare before m'
Rich: Preston within fourteen dayes to give Sufficient Answer
why the Bill Should not be paid, That then Execution upon
the Said Bill be granted unto the Said Attorney of Lawrence
Ward.
Thomas Gregorie and his wife being Summoned to testifie
in a Cause depending in this Court betweene Bartho: Herringe
plf'and Phillip Hyde defend' and hath been at Charges therein
Eighty pounds of Pobacco for two dayes work and two dyetts
at the Ordinary.
John Hammond Sueth to this Court for four Rights of Land
due to him from John Barriffe as appeares in Court It is Or-
dered that the Said Barriffe Shall give present Security to de-
liver the Said four Rights of Land with Certificate to the Said
John Hammond or Soe much
Simon Bird Servant unto m' Thomas Trueman and by him
hired to Robert Taylor Complained for want of Necessary
Clothing which Complaint appeareth to this Court to have
Sufficient ground. It is ordered that the Said Robert allows
him Sufficient Necessary apparell which if not performed the
Said Bird Shall have Liberty to rcpaire to the next Commis-
sion' who is to take Such effectual Order as that he may be
duely Supplyed.
It is ordered that the Estate of Thomas Trumpeter Shall pay
to John Harford three hundred pounds of Tobacco and Caske
as appeares by Specialty in Court produced
George Newman aged twentie yeares or thereabouts Swoxne
Saith that he this Deponent heard m"' Brookes relate that She ''■ "^
heard that m'" Goulson had beaten her maid two hours by the
Clock, and that there were that would take their oathes that it
was an hour and a halfe by the Clock.
402 Court and Testamentary Business, 1654.
Margaret Pritchard aged twentie years or thereabouts Sworne
Saith, That She this Deponent heard m'' Brookes Say that
m" Goulson had beaten her maid two hours by the Clock, and
She further Said that Elizabeth Tennis would take her oath
that it was two hours and a half, and that Elizabeth Tennis
Should Say that her husband tore the hair of his head and
wisht that She the Said Goulson would kill the Said maid that
She might never kill more.
John Dumord aged twentie eight years or thereabouts
Sworne Saith, That about ffeb: two yeares past this Depon'
was in a boat with m' phenwick, m' Eltonhead and his wife
and Mark Lucye, And this Deponent heard m' Eltonhead &
m' Phenwicke Report that they had killed Eight or Nine hogs
at the Said m' Phenwicke Quarter and after Comeing to m'
Eltonhead's house he heard m' Eltonhead Warne his people
to have a Care of the Bores Grease for he ment to make a
Salve of it.
John Sewell aged twentie yeares or thereabouts Sworne
Saith. That he this Deponent about ffeb: two yeares past being
at m' Hooper's house Saw m' Phenwicks Boat lying there with
hogs flesh in it but knows not whence it Came.
It is ordered that Whereas m" Brookes hath reported that
Sarah Goulson unlawfully punished her Maid Servant which
Cannot be proved, It is Ordered that m" Brookes Shall pay the
Charges.
It is ordered that Whereas m' Robert Brooke and m' Phen-
wick both plf and defend' have alledged want of Evidence in
the Cause and Sue for Refference to the next Provincial!
Court held at Putuxent River, It is So Ordered by the Court
that a refference be Granted according to their agreement and
request.
' Richard Manship Sworne Saith that the wife of Peter God-
son related to this Depon' and his wife that Michael Baiseys
wifes Eldest Son was not the Son of Anthony Rawlins her
former husband, but She knew one at Maryland that was the
father of him, but Named not the man, and that the Said
Michael Baisey's wife was a whore and a Strumpett up and
Down the Countrey, and Said that Thomas Ward of Kent
tould her Soe.
Elizabeth Manship Sworne Saith the Same.
Margaret Herring Sworne Saith that the wife of Peter God-
son affirmed that Anthony Rawlins .Son was not his .Son but
the Son of another man at Maryland.
Court and Testamentary Business, 1654. 403
ffrancis Brooke arrested to Answer ffox and not appearinsr uber B.
is nonsuited and to pay Sixtie pound of Tobacco Charges to
the Said ffox.
Ann Pope Sworne Saith that Robert Taylors maid Servant
tould this Deponent that She the Said maid Servant toolce
Sugar that belonged to John Hambleton,and that Mary Taylor
beat her for it and Sarah and Mary Taylor drank it them-
selves, and that the Said maid Servant tooke Soape from the
Said Hambleton which the Said Mary Taylor also tooke and
washed a Scollop with it.
Barnaby Jackson Sworn Saith that David Thomas went to
fetch Tho: Gregory's wife to keep the Said Thomas his wife
whilst She lay in Child bed, and that he this Deponent thinks
She was there about Eight weekes, but heard noe agreement
made between them.
Barnaby Jackson allowed ninety pounds of Tobacco for his
time and Charges being Subpcena'd to Wittness in this Court
in a Cause depending between Thomas Gregory and David
Thomas.
Whereas Peter Godsons wife hath Slandered the wife of
Michael Baisey & Saying She was a whore & a Strumpet up
and Down the Countrey, It is ordered that the Said Godson's
wife Shall be Committed into the Sheriffs hand untill She Shall p- <52g
find Security for the behaviour which the plf' is Satisfied with
as he hath declared in Court
Ralph Beane Sued for Satisfaction of a Bill of one thousand
Seven hundred and thirty pounds of Tobacco and Caske due
from John Dandy unto Walter Beane the def was willing to
referr it to the oath of Ralph Beane what was received of the
Said Bill, and the Said Beane made oath that no more then
three hundred and twenty pound was Reced in part of the S''
Bill, and there remains one thousand four hundred & tenn
pounds of Tobacco and Caske and Charges to the Said Raph
Beane within ten days or Else Execution
Peter Underwood Aged Eighteen years or thereabouts
Sworne Saith, That m' Meese when he Shiped this Deponent
bought a bed and dd to him, who possessed & used it all the
Voyage untill Peter Johnson bought him which when he went
home, and the next day this deponent met m" Hooper with
the Same bed and Challenged it, m' I looper Said that m'
Meese bid her take it, but m' Meese denied that he bid her
404 Court aiid Testamentary Btisiness, 1654.
Liber B. take it, and Said this Deponent Should have the bed again
afterwards asked m'" Hooper for the bed, and She promised
that m' Johnson Should have it and that m' Johnson Sent this
Deponent to m'' Hoopers for the bed, but She denied it
Whereas m" Hooper tooke a bed with a Servant which
belonged to a Servant Sold by m' Meese to Peter Johnson and
the Said m' Meese (as appears) declared his mind was that the
Same bed which m" Hooper tooke Should be returned to
the Said Peter Johnson, which being demanded of m" Hooper
and refused, It is Ordered that Henry Hooper Shall deliver
to the Said Peter Johnson one bed as good as was taken away
or Satisfaction
Bartholomew Herring Nonsuit Phillip Hyde And is allowed
fifty pounds of Tobacco Charge
p. 630 m"' Skippwith having arrested Richard Ricknell and the Said
Skipwith not appearing to declare Ricknell recovers fifty
pounds of Tobacco for his Charges
Cap' John Smith having Exhibited to this Court an ingagem'
of Cornelius A Johnson to him in one thousand pounds of
Tobacco and Caske due by Specialty' and five hundred pounds
of Tobacco & Caske to be paid the yeare following, and the
S"* Cornelius A Johnson hath acknowledged the debt in Court.
It is therefore Ordered that the Said Johnson being not a resi-
dent in this place Shall be Committed to the Sheriffes Custody
untill he Shall Satisfie the Said debt to the Said John Smith
or otherwise give him Security for the Same within ten days
with Cost of Suit.
John Hammond hath appeared in Court and acknowledged
a Judgment against himself for the payment of of fifteene hun-
dred pounds of Tobacco and Caske to Cap' John Smith In
Case the Said Cornelius Johnson doth not performe the paym'
of the like quantity according to an Order of this Court
Action between Salter & Cap' Vaughan is refferred to the
Assembly to the fourth day or three dayes after by Consent in
regard the Determination relats to one Gressam who hath been
long absent and is to be present at the Assembly
Whereas Isack Iluie being possessed of two hundred Acres
of Land called beaver Neck was disturbed by meanes of ffrancis
Brooke pretending a Grant from the Lord Baltemore and
power from the Governour which doth not appeare to this
Court and TesfameHtary Business, 1654. 405
Court. It is therefore Ordered that m' Phillip Cormiers Com- Ubcr M.
mander of the He of Kent Shall Cause the Said Sheriffe to give
the Said Iluie quiett possession of the Said Land.
It is Likewise ordered that those that dispossest the Said
Iluie Shall pay Cost of Suit.
The Sheriffe is to produce the body of Marke Pheboe to the P- ^3'
next Court to Answer the Complaint of nV Beard in an Aeon
of Debt or else the Sheriffe to make Satisfaction to the Said
m' Beard.
Refference of Suit is Granted unto Thomas Bennett def' in
a Suit depending between the Said defend' and Walter Peake
to the next Provinciall Court houlden at Putuxent.
It is the Judgment of the Court in regard that, that John
Tennis and his wife did not performe the agreem' made with
m' Johnson to Satisfie his damage occasioned by the Said John
Tennis wife being then Servant to m' Johnson. It is ordered
that John Tennis Shall pay to m' Johnson three hundred and
fifty pounds of Tobacco and Caske, to be paid in the year
1655 with Cost of Suit.
Peter Joy aged twentie Sixe yeares or thereabouts Sworne
Saith, That m' Hambleton Came to Samuell Griffins and told
your Deponent that he had bought two hundred acres of Land
of m' Phenwicke at the head of S' Cutbeards Creeke and
going along with the Said Hambleton in a Canoe the Said
Hambleton would have agreed with your Depon' for to build
him a house of thirty foot Long with a Shed at the End, and
when your Deponent was frameing a house at m' Phenwicke,
m' Hambleton preferred to Change his two hundred acres of
Land for your Deponents hundred Acres and your Deponent
would not, and further Saith not
Cornelius Cannady aged thirty yeares or thereabouts Sworne
Saith, That your deponent asked m' Hambleton whether he
had bought any land of m' Phenwick and he Said yea, and
your Deponent asked him whether he had paid for it this
yeare and he Said noe but m' Hambleton Said that m' Phen-
V'ick owed him Seven or Eight hundred pounds of Tobacco,
and for the rest he thought he Should worke it out in the p (5^,
house and further Sayth hot.
ffriendshlp Tounge aged twentie Sixe yeares Sworne .Saith
That your deponent went with m' Phenwicke and m' I lain-
4o6 Court and Testajnentary Business, 1654.
Liber B. bletoii to Shew them a tract of Land lying at the head of S'
Cutbeards Creeke, and after they had well Viewed the Land
they did appoint a place where to Sett a house. And further
Saith not.
John Hambleton demandeth Nine hundred Eighty three
pounds of Tobacco of Cuthbt Phenwick due by Accompt which
the Said Phenwick pleaded Satisfied by Land Bargained &
Sold to the Said Hambleton by the Said Phenwick which bar-
crain is not acknowledged this being debated in Court at
Length both plf' and defend' agreed to referr the Determina-
tion of the bargaine of land and Acconipts to the Arbitration
of two Indifferent men.
It is ordered that the Estate of Thomas Connery Shall be
Liable to pay unto m' W"" Eltonhead his heires Executors
Administrators or Assigns the Sume of three hundred and four
pounds of Tobacco and Caske due by Specialty produced in
Court.
Whereas Joseph Edwards hath Served out his time of Ser-
vice due by Indenture to m' Arthur Turner as appeareth in
Court by confession of the Said Arthur Turner and the Said
Edwards hath petition this Court for his Corne and Clothes
It is ordered that the Said Arthur Turner Shall pay and deliver
unto the Said Edwards three Barrells of Corne a falling Axe
and a weeding hoe a hatt or Cap a Shirt and a pair of Stock-
ings one Suit of woollen Clothes and a pair of Canvas Drawers
upon Demand.
p. 634 John Shanks his mark is viz' Cropt of both Eares and two
slitts in both the Eares and Keeled in both Eares before
Amey Shanks her mark is viz' Cropt on both Eares and 2
slitts in both Eares.
Robert Coles wife gave to John Shanks wife 3 pigs and the
said pigs are now three sowes and Ann Mayner gave John
Shankes wife one pig and now it is a Sow of two yeares old, and
Thomas Dyneard gave Amey Shankes Daughter to the afore-
said John Shankes one Sow shoat of five months old and for
these abovesaid hogs I John Shankes doe give to my daughter
Amey Shanks a heifer of two yeares old Come may next in the
year 1655
Court and Testamentary Business, 1654. 407
At a Court held at Putiixent the 5"' of December Liber b.
1654
fm' Richard Preston "j m' John Lawson
M' W" Parker V nV William Parrott
m' Sampson Waringe J
Attachment is Granted to m' Henry Coursey to the Value
of five thousand pounds of Tobacco against the Estate of m' p- 63s
Thomas Deanes.
m' William Ewen Attorney of m' Robert Clarke acknowl-
edgeth Judgment of Seven hundred fortie Six pounds of To-
bacco upon Specialty to Richard Collett upon the Estate of m'
Clarke and Court Charges otherwise Execution within ten
dayes.
Mr phenwicke pift ) reference is granted to the next Court in
William Warmandeft) {hg difference depending between m' Phen-
wick and W"" Warman.
Richard Collett Attorney of John Pedro Confesseth Judg-
ment of two hundred pounds of Tobacco by his oath with Cost
of Suit of W"" Chaplyn.
Attachment is granted unto Richard ffoster against the Es-
tate of Coll ffrancis Yardley.
Whereas Will Barton Sueth to this Court for a parcell of
Land which Richard ffoster Liveth on It is Ordered that the
Said Barton Shall Survey the Said Land according to the
Lease Granted to Jackson & Gwider and to be determined
accordingly
Nonsuit is Granted unto Markes Phepo in the difference
Mary the wife of Martin kirke in an Action of Rape with Cost
of Suit.
Martin Kirke pift I Refference is granted unto Martin Kirke in
Marks I'hepoe def> / the difference between Markes Phepoe and the
wife of the Said Kirke to the next Court the Said Kirkes
alleding want of Evidence
The Court hath Ordered that /\ndrew Warner Shall be
allow'd 150' of Tobacco for his Expence and time Spent in the
difference between m" Bonifield and Martin Kirke
The Court hath Ordered that Martin Kirke Shall put In
Security for his Appearance at the next Court to Answer to
his Petition against m" Bonyfield which he Saith he will prove.
4o8 Court and Testamentary Business, 1654.
jer B. December the 5"' 1654
Memorand: the day and yeare above written that I Robt.
5 5 Brooke of Putuxent Esq doe hereby appoint m'John Hamond
my Lawfull Attorney to Act all things in my in my Name in
Cases depending between me and m' Robert Clarke Richard
Hoskings. In Wittness whereof I have hereunto Sett my hand.
Robert Brooke
Robert Clarke plft
Whereas m' Robert Brooke is Indebted
637
Robert Brooke Esq deft / ^^j-q j^r Robert Clarke by two Specialtys
one thousand Eight hundred and fiftie pounds of Tobacco and
Caske as may appeare and the Said Brookes appearing in the
Suit by John Hamond his Attorney; It is ordered that the Said
Robert Brookes Shall make paym' of the Said 1850' of Tobacco
and Caske within twelve days with Court Charges, and unless
the Said Brooke doe not make it appear within twelve dayes
before m' Preston why Execution may not issue forth then
Execudon to issue forth
Capt Smith attorney of Richard Beard plft 1 Reference is granted unto
Markes Phepoe defendant / Marks Phepoe,and Cap' John
Smith Attorney of Richard Beard to the next Court with Con-
sent of both parties.
It is Ordered that Mardn Kirkes Shall remain in the Sher-
iffes Custody ull he give Sufficient Security for his own and his
wifes appearance in person to the next Court and to put in
Security for both their behaviours to all people but in Speciall
to m'' Bonifield.
M"^ Rebecca Hall is dismist and is allowed for her Expence
and losse of time one hundred and twenty pounds of Tobacco
which is to be Divided amongst the four that Subpoen her
Whereas it appeareth by the Testimony of Cap' John Smith
that Bartho: Bloome had a Warrant for two hundred acres of
Land from m' Hatton, It is Ordered that Certificate of 200
acres of Land be granted unto Bartholomew Bloome.
Mich: Brooke plft 1 Whereas John Jarboe was arested to this
John Jarboe defend. \ ^ourt at the Suit of Mich: Brooke, and not
appearing It is ordered that if the Said Jarboe doe not appeare
the next Court then Order to be granted against his Security
for the Said Debt to Mich: Brooke.
Henry Potter plft I Whercas Martyue kirke is Indebted unto
MartynKirkedcft/ Henry Potter the Sume of two hundred
pounds of Tobacco by Specialty It is Ordered that the Said
Court mid Testamentary Btisiness, 1654. 409
Kirke Shall make paym' within ten dayes with Cost of Suit Liber b.
otherwise Execution.
Martin Kirke pift 1 Whereas m'= Bonnifield was arrested at the
mrs Bonifieid deft ] Suit of Martin Kirke is dismist and allowed
Charges.
Commission of Administracon is granted unto Alice Griffine
late wife of Samuel Grifihn deceased upon the Estate of her
Said Husband and to put in Security for the Said Adminis-
tracon and to bring a true Inventory to the next Court.
ffrancis Vandaii pift 1 Rcfferencc is granted unto ffrancis Vandan
John Lewger defend! \ and John Lcwger to the next Court by Con-
sent of both parties.
mr Tho: Lund pift 1 Whereas Thomas Bennett was arrested to
Tho Bennett deft ] |.|^jg Qq-^^^x. at the Suit of Thomas Lund and
not appearing It is ordered that the Sheriffe .Shall produce the
Said Bennett to the next Court or Soe much of the Said Ben-
netts Estate as will Satisfie as will Satisfie the Said Debt to the
Said Lund or else Order to pass against the Sheriffe.
Whereas m'' Godson was bound in a bond of Good
behaviour from the 21"' of October till the 5''' of December
towards the wife of Michael Baisey, and none appearing to
renew the Said Bond, It is ordered that She be remitted from
her Bond of Good behaviour
Andrew Keaton is Granted a nonsuit against Martin Kirke
and is dismist and allowed Cost of Suit.
The Court hath ordered that if Cornelius
Cannadie who is Security for Richard Rick-
nell doe not produce the Said Ricknell to the next Court to
Answer the Suit of George Skipwith then the order to pass
against the Said Cornelius Cannadie.
It is ordered that m' Rich: Preston .Shall pay unto John
Shankes five hundred pounds of Tobacco and Caske and to be
allowed the Said Tob: & Caske the next year out of the Levy
Certificate of three hundred Seventy and five Acres of Land p. 638
is Granted unto Daniell Goulson in part of Six hundred and
fiftie acres of Land.
Walter Peake is Dismist from the Court being Wittness for
ffrancis Vandan and is allowed his Charges and Loss of time
which is 1 20' of i'obacco.
4IO Cotirt and Testamentary Business, 1654.
Liber B. n,r Robert Brooke Esq plf. t m' Phenwick IS Dismist in the Diffcr-
mr cuthbert Phenwick deft / encc depending from the last Court to
this and the Said Brooke not prosecuting, m' Phenwick is
allowed his full Cost of Suit.
Attachment is Granted unto Richard ffoster against the Es-
tate of Colonell ffrancis Yardley.
Whereas by Act of Assembly a County Court is to be
Erected in the County of Marys & Potomock and that the
most Convenient place is at the House of John Hamond for
the keeping of the Said Courts, and that he the Said Hamond
hath undertaken to build forth with a Sufficient Court house
at his own Cost and Charges It is therefore Ordered that
Licence be granted to the Said Hamond for retayling of wine
and Strong Liquors and that he Likewise undertake to provid
a ferry for the Convenient passage of people over Newtowne
River
Alee Griffine pift \ The Court hath granted a refference
Cornelius Cannady deft / ^^j^q Comelius Cauuady to the next Court
in the difference depending between the Said Cannady and
Alee Griffine with Consent of both parties.
It is ordered That John Hodgine and John Gram-
mer are to be Constables for the North Side of
Putuxent & Ishmeall Wright Constable for the South Side, &
ffrancis Billingley to be Constable for the Clifts & to be at the
next Court to take their Charge of the office of a Constable.
Ishmael Wright aged 40 years or thereabouts Sworne and
Examined Saith. That m' Eltonhead being at yo' Deponents
house one Night fell in discourse about Phillip Hyde and
Henry Bullin, Concerning their Land that they were Seated
on, m' Eltonhead Said that he had five thousand acres of Land
^' •'^ to take up there, and Said he could take away that Land
which they were Seated on, and we answered and Said, that
they were honest men, it were pitty to take it from them and
he Said Soe, two Good Labouring honest men, I do not intend
to Molest them, for I have intended already where I will begin
to Survey upon the Clifts and I Shall fall Short of them And
further Saith not the mark of
Ishmael R Wright
Peter Joy aged 26 years or thereabouts Sworne & Examin'd
Saith That your Deponent went about to build a house for
Cornelius Cannady which Samuell Griffine was to pay for, and
Court and Testamentary Business^ 1654. 411
yo' Deponent asked Cornelius where this house Should Stand Liber 1
and he told your Deponent where it Should be, and the posts
were brought in where he appointed where the house Should
Stand, and farther Saith not the marke of
Peter PI Joy
Rebecca Hall aged 30 yeares or thereabouts Sworn & Ex-
amined Saith.
That She this Deponent Saw the Markes of the blowes
which Martin Kirkes wife gave m" Bonyfield which was as
broad as your Deponents hand and kirkes wife called m'"
Bonyfield whore and Said She would prove a whore and
further Saith not the marke of
Rebecca x Hall
Christian Bonifield aged 46 years or thereabouts Sworne
and Examined Saith.
That upon a time your deponent was at the house of Marke
Phepoe and Mary Kirke the wife of Martin Kirke Said that
She would hang that Rougue Potter, for She had that about
her would hang him and bound it with a bitter oath, that
before he Should want a hangman She would hang him her-
self and furth Saith not. the mark of
Christian x Bonifield
Rebecca Hall aged 30 years or thereabouts Sworne & Ex-
amined Saith That Mary Kirke told your Depon' that She fol-
lowed Potter from her house through my Ground where my
husband was killed to his own fence and tooke up her Corne
under Potters fence and further Saith not
Rebecca Hall Sworne and Examined Saith, That Mary
Kirke Said that Marke Phepoe was a Rougue and that She ^^^
was never Mastered by a Rougue before, And further Saith not
Elizabeth Potter aged 29 years or thereabouts Sworne Saith
That u'pon a time Mary Kirkes Came into the house of Henry
Potter and Rebecca Hall and She had Some words, and Re-
becca Hall Said, Mary Kirke you Said that Markes Phepoe
Came into your house and you told me that you beat him,
and Mary Kirkes answered againe She would doe worse to
him for he Came and fkmg her upon the bed, and was faine
to hold myhand in his throate and my Sword in my other hand
Rebecca Hall made her Answer againe you will foreswear it
and deny it and further Saith not. the marke of
Elizabeth x Potter
412 Court and Testamentary Business, 1655.
Liber B Know all men by these presents that I Henry Bishop have
^°\l\ assigned made over and Delivered unto John Medley all the
Remainder of my Cropp of Tobacco now hanging in John
Greeneways Tobacco house and is the proper Goods of the
Said John Medley after the Said John Greeneway is Satisfied
and is in part of Consideration of a Bill of Nine hundred
weight of Tobacco and Caske already due, John Greeneways
debt is one thousand nine hundred and fifty, In Wittness
hereof 1 have hereunto Sett my hand this 30'*' of November
1654
In the presence of the mark of
John Greeneway Henry HB Bishop
Zacha: Wade
Will May his mark viz. the left Eare Cropt & a half moone
and the right Eare Cropt and a Slitt in the Crop.
p. 135 John Domall his Marke is viz' the Swallow Tayle on both
Eares & Underkeeld under the right Eare
This Bill bindeth me William Nugent my heirs Execuf' Ad-
minist" and Assigncs to pay or Cause to be truely paid unto
James Waker or his Assignes the full Sume of Seven hundred
Twenty and three pounds of good Merchantable leafe Tobacco in
Caske at or before the tenth day of November next Ensueing
the date hereof In wittness whereof I Sett my hand this
Second day of March Anno 1654
Wittness me William Nugent
John Browne, Benjamin Gill
At a Provinciall Court holden at Putuxent
the 24"' day of Aprill 1655.
iM' Rich: Preston Cap' Sampson Waring
m' W" Durand m' John Lawson
Cap' Rob' Sly m"^ John Hatch.
'36 It is ordered by this Court that a Commission for the Exer-
ciseing of the Militia in Putuxent County be granted to Cap'
John Smith and Cap' Peter Johnson That is to Say from
Leonards Creek downwards Including both Sides of the River
at Putuxent to Cap' Smith and Cap' Peter Johnson downwards
on both Sides of the River
It is further ordered by the Court that a Comission for the
Exercise of the Militia in S' Maries and Patomock River be
Granted to Cap' John Sly and to Cap' Richard Hodskeys viz'
from Clemcmts Bay upwards and all the forces in those parts
Court and Testamentary Business, 1655. 4' 3
unto the Said Cap' John Sly, and from the Said Clements Bay Liber b.
Downwards to point lookout Including all S' Maries and the ^°- 3-
forces therein unto Cap' Rich'' Hodskeys, And that Cap' John
Smith the Muster Master Generall Shall be Superintendent
and Cap' in Cheife over the Said Companies.
It is ordered that according to an Act of the last Assembly
a Countrey Court Shall be Constituted in the Limits of S'
Maries and Patomock And the Said Cap' John Sly be the
president of the S** Court, m' Richard Hodskeys M' William
Barton M' James Johnson, M' Walter Beane M' Edward Bolls
& m"^ Daniell Clocker Commission" And that any four of the
Said Commission" whereof Cap' John Sly M' Richard Hods-
keys, m' W'" Barton and m' James Johnson to be alwaies one
may keep Courts as often as they Shall See Cause and have a
Commission for that end.
It is ordered that a Commission be Granted to Cap' Samp-
son Warring to be Commander of all the Military forces &
Soldiers being and residing on Herring Creeke Including all
the Plantacons about m"^ Ayres his Creek and from them
Downwards taking in Cap' Carters and m' Richard Wells his
plantacons, & Extending down the Bay to the Land Seated by
m' Manning and So downwards According to an Act of As-
sembly in that Case Provided
It is orderd by this Court, that a County Court be Consti-
tuted in Putuxent, And that m' James Berry, m' Michaell
Brooke Cap' Peter Johnson, m' Woodman Stockely, m' John
Pott m' Phillip Morgan be Commission" and may keep Courts
as often as they Shall See Cause, Provided that m' James Berry
m' Michaell Brooke or Cap' Peter Johnson be alwaies one
It is ordered that the Courts Shall hear and Determine all
matters to and within the Value of 3000' of Tobacco and 20'
Sterling for Civill and for Criminall Such actions as extend
not to Life or member.
A Lre of Administracon Granted to m" Phenwick
M' Evens Convicted of high offence against the Publick by a
Subscription under his own hand to a petition hath humbly
acknowledge his offence in Court and desires mercy w-hich is
Granted him paying 2000' of Tobacco and Caske towards the
Publick damage occasioned in the late Warr raised by Cap'
Stone and his Complices.
>3S
414 Court and Testamentary Business, 1655.
B. John Ashcombe Confest in Court he was in Drink Shall
■ 3- pay 00' of Tobacco according to the Act of Assembly John
Ashcombe fined 2000' of Tob towards the publick damage
occasioned by Cap' Stone and his Complices, And the Said
Ashcombe by Petition Subscribed, Some way Submitted to,
through feare of IMischiefe threatned by them.
The Petitioners of Putuxent are discharged from the Con-
tents, and Damage thereof by an Act of favour past unto them
by this Court upon the acknowledgment of their offence and
free Submission to the present Governm'
Richard Collet being Convicted of a Scandalous offence
against the Governm' by his Subscribing of a Petition of Dan-
gerous Contents and Consequence Shall be banished from this
Province and give Security for his Good abearance to the
present Governm' untill he Shall give Notice unto m' Lawrence
Ward in Virginia part of whose Estate the Said Collett doth
Manage in Putuxent River to appoint another in his room and
Shall have Six weeks time for that dispatch and pay 1000' of
Tob: to the Publick if his Security be taken as Sufficient for his
good abearance aforesaid he may Stay till the 25'** of December
Commission of Administracon Granted to Alice Griffin
wife of Samuell Griffin deceased, Robert Taylor John Knapp
appointed to prize the Estate.
Whereas it appears by Cap' Cornwallies his Lre to m' John
Wade that the S"^ Cap' Cornwallies did Ship Certaine Goods
aboard the Goulden ffortune with the pduce of Tob Sent by
Cap' Cornwallies to be Sold for the Said Wade to the Value
of 22' 10^ for the use of the Said John Wade to be delivered
in Maryland a Note of which Goods hath been Exhibited to
this Court, It is ordered that m' Richard Hodskeyes agent for
the S** Cap' Cornwallies Shall deliver the Said Goods to the
Said Wade or his Assignes according to the Scedule of Par-
ticulars Menconed
Lieuten' Richard Banks and Thomas Tunnell being found
in Armes against the present Government & pleading that
they were Misled by the protestation of Cap' Stone who Said
he had power from the Lord Protector and also did Surrender
a ffort upon the first Summons are discharged from further
trouble in the action upon their Submission and Good for-
bearance to the [present Government
Court and Testamejitary Business^ 1655. 415
If it appears that ffrancis Walton hath Served Cap' WiHm Liber 1
Stone four yeares as by his petition affirmeth he Shall have his ^°- 3-
Corne and Clothes.
It is ordered that a Commission of Administracon be granted
to John Tomkinson on George Dolts Estates ;
It is ordered that the Estate of George Dolts Shall be Liable
to Satisfie 1060' of Tob: to Phillip Land being due to him by
Specialty
Wherein it appeares to the Court, That Phillip Land Stands p- '^^
indebted unto Henry Catlyn Gent the quantity of 1788' of
Tobacco and Caske and one Calf due Long Since.
It is ordered that the Said Phillip Land Shall pay unto the
Said Henry Catlyn or his assigns the debt aforesaid, and if the
Said Land Shall make it appeare that any of the debt afores''
is Satisfied, then what is paid or accounted Shall be a deduction
to the Said debt. Provided that the Said Land doe make it
appeare before the Execution be awarded.
Whereas Richard Reclesse is indebted unto m' Richard
Preston the Summe of 784' of Tob, and one Attachment was
Granted to the Said Richard Preston on 600' of Tob being to
the Said Reclesse and remaining in the possession of Cor-
nelius Canneda and now the Said Richard Preston Sueth for a
Judgm' upon the Said debt what is in the Said Cornelius'
possession.
It is ordered that the Tobacco be attached as aforesaid Shall
be Seized for the Satisfaction of the debt aforesaid Soe farr as
it will pay.
Comission of Administracon Granted to Daniell Gordon
upon the Estate of James Memeis
If Phillip Land who is Charged with 1900' of, Tobacco which
as Sheriffe he was ordered to pay unto Katheren Ebden out
of the Levy for Physick Charges bestowed by her upon Richard
Lawrence It is ordered that if the Said Phillip Land, doe not
approve himself discharged thereof Lawfully he Shall be liable
to Satisfie the Said Sume to the Said Katheren Ebden or her
Assignes.
William Lewis is indebted unto Samuell Parker the quan-
tity of 1000' of Tobaccoe and Caske as appears by Specialty
produced in Court.
Whereas Michael Brooke arrested John |arbo to the Last
december Court upon an Action of Debt 600' of Tob & Caske,
41 6 Court and Testamentary Business, 1655.
Liber B. whcrc he appeared not, and the Court then ordered that if the
^°; \ Said Jarbo did not appeare the next Court which is this present
^' ''*° Court, he Should have an order It is therefore ordered that the
Said Jarbo Shall pay the Said 600' of Tob. to the Said Michaell
Brookes and Such Costs and Damages, as Shall be made
appeare to have been Sustayned upon the Action
Six hundred and Eighty pounds of Tob and Caske & a
Beaver Skin is due to m' John Law^son by Specialty from
William Lewis as hath been Satisfied in Court
John Medcalf Sheriffe by Cap' Stones appointment pressed
Phillip Lands Boate for the last insurrection as appeares by
Testimony of Henry ffox in Court It is ordered that the Said
medcalf Shall Satisfie the Said Land for the Said Boat.
Daniell Gourden Sworn Saith that he this Deponent and
John Delahayes and James Meines being Indebted unto Walter
Beane by Bill the quantity of 1064' of Tob which Tobacco L
W" Lewis received for the Said Bean and gave in the Bills.
1064' of Tobacco by the Deposition of Dan' Gourden
appeares due to Walter Beane from Lieuten' William Lewis
Estate & 400' by Bill as aforesaid
capt Tohn Smith pift \ Exccutiou granted to Cap' John Smith
john'iiomond defendt \ on the Estate of John Hamond for 1500' ot
Tob. due to the Said John Smith by a Judgment w"^"" the Said
Hamond acknowledge against himself in Crt holden in October
last at Putuxent
Henry Bullen being Summoned as a Wittness on the behalf
of Peter Godson attended 3 dayes Shall be Satisfied 60' of
Tobacco.
Susan ffrizell being Convicted for running away from her
Master Daniell Goulson 3 weeks Shall double the time of her
departure, and ffifty pound of Tobacco damage. But Com-
plaining of Extream Usage and Expressing in Court a great
feare the Said Susan had of returning to her Service aforesaid
because of Such Rigor, The Court Judge Necessary for the
p. 141 avoiding of Danger, Set the Servant free from her Said Master
and Mistresse Service loosing her Corne and Clothes due at
the Expiration of her time and giving Security to the S'' Daniell
Goulson to pay 500' of Tob & Caske at the first Crop Ensuing
M' Luke Gardiner gives the Said ffrizell 300' of Tob and
Caske, W"" Dorrington 100' Peter Achilles 50' Henry Cane 50'
W'" Stogden 50' which Tobacco the Sheriffe undertakes to
Court and Testamentary Business, 1655. 417
Collect and pay unto the Said Daniell Goulson, John Seawell Liber :
also giveth 50' of Tob for the use aforesaid '^"- 3-
In Aprill Court 1654 Lieutenant W*" Lewis acknowledged
a Judgment against himself for the payment of 810' of Tob due
to Cap' John Barrtffe for which the Said John Barriffe hath
reced no Satisfaction, It is ordered that Execution be awarded
on the Said tob except 3' which Barriffe is to allow for Court
Charges at the Court Aprill 1 1'*' 1654.
Henry ffox being Credito' to the Estate of ffrancis Poesey
deceased as by a Judgment in Court acknowledged by the S""
Poesey appeareth Sueth for Administracon on the S'^ Estate
which is Granted.
If Cornelius Canada doth not Satisfie unto George Skipwith
for a boate Saile and oares, which Skipwith borrowed of
Thomas Davis for Richard Recklesse by the next Court the
S"^ Canada being Security for Recklesse appearance at the last
Court: And the Said Recklesse not appearing The Court
ordered that a proceeding Should be against Canada, then an
Execution to be awarded agst the Said Cannada.
Attachrn' is Granted to Henry ffox upon the Estate of
Thomas Hamond for 1 166' of Tobacco and Caske by Bill from
the said Hamond to the said Henry ffox to be responsible to
the said ffox upon the said Hamonds appearance or Legall
Determination
It is ordered that Cap' John Smith Shall be Constituted p. '42
Muster Master Generall for S' Maries Potomock and Putuxent
Counties, And is hereby Impowered to exercise the said office
in as large and ample manner as hath been formerly practiced
by such an offic" and as the present occasions doe or may
require here.
It is ordered that Cap' John Smith doe take what Care he p. 143
may Concerning the Estates of Delinquents which are Seques-
tred in Putuxent and Potomock and .S' Maries to take an
Inventory thereof and use such prudent means to save
Indamnified the said Estates as he shall think fitt untill further
Order Come from the Governour & Councell under his high-
ness the Lord Protector.
ffrancis Brooke pit ^ The plantiffe having made it appear to
Henry ffox Defendant ) the Court that the defendant is indebted
4i8 Court and Testamentary Business, 1655.
Liber B. unto him the Sufne of 3650' of Tob and Caske the defendant
'^''" ^" having Liberty to discompt and having discounted 1391'of
Tob out of the aforesaid Sume It is ordered that the Said
Henry ffox Shall Satisfie the remainder which is 2259' within
tenn dayes, with Court Charges or else Execution
Whereas Phillip Land Complaines to this Court that he had
Severall Goods taken from him when the Soldiers was last at
Maryland, and desireing that he might have Examined by
Some Magistrate three or four of that Company, which he
hath in Suspition, It is thought requisit that he may So doe
for the recovering of his So Lost ; by a Legall Course in Law.
Whereas m'' Thomas Hebden late of this Province of Mary-
land deceased did before his death by a Certaine Conveyance
or Deed in trust dated the 13"" day of June 1649 Give and
Make over unto Nicholas Cawseen Barnaby Jackson and Luke
Gardiner (as feoffees in trust) his whole Estate therein Men-
coned to the uses therein Expressed Now know all men by
these presents That we Lawrence Starkie Esq Successor unto
Thomas Copier Esq in the Said Deed in trust named Nicholas
Cawseene and Barnaby Jackson feoffees in Trust aforesaid for
our Selves and in the behalf of the Said Luke Gardiner the
''■ ''''* other ffeoffee. Doe acknowledge to have had and received of
Katherne the late wife and relict of the Said Thomas Hebden
full Satisfacon and payment for and touching Every part &
porcon of the Said Thomas Hebdens Estate whatsoever men-
coned or intended by the Said Conveyance or Deed in trust
appearing upon Record in the Secretaries office ot this Prov-
ince to be Conveyed given or intrusted with or to us or any
of us or our assignes to any use intent or purpose whatsoever,
And therefore and of every part and parcell thereof doe
hereby for ever fully and absolutely acquitt release and Dis-
charge her the Said Katherne her heirs Executors Adm" and
Assignes And all & every other person or persons any way
tliereby Concerned So as they nor any of them Shall not at any
time hereafter be any wayes Sued Molested or troubled for or
Concerning the Same or any part thereof. Wittness our
hands this 9''' day of December 1653
Wittness our hands the iS"' day of Nicholas Cawseene
may 1654 Barnaby Jackson
William Bretton Luke Gardiner
Benjamin Gill
Know all men by these presents that I Lawrence Starky of
S' Inegoes having full power from m' Nicholas Cawseene and
Barnaby Jackson feoffees of Trust to m' Thomas Hebden doe
acknowledge my Self to be fully Satisfied for Such Legacies
Court and Testametiiary Business, 1655. 419
as m' Thomas Hebden did give before his decease, Wittness i-iber i
my this g'"" of December 1653 ^°- 3-
Test p the mark of Law: Starky
Samuell x Harris
the mark of
William O Hurd
It is ordered by this Court that I, Henry Catchman shall sett p. 145
up for Cap' Peter Johnson, Thirteen Tunns one hogshead of
good sufficient Tobacco and Caske, to be all sett up according
to his Condition either at his new or old plantacon, the Caske
to be all made between this and the first of October next En-
suing, the said Cap' Johnson to provid whop Timber for the
said Caske, And the said Catchman to make use of the Timber
that is already provided, and the said Catchman to have Lib-
erty to dispose of the residue of the Timber when the afore-
said Caske are finisht.
At a Court holden the 22"^ of Aug' 1655 p mS
( Cap' W"" Fuller Cap' Sampson Waring
Present -< m"^ Edward Lloyd m' Tho: Meeres
( Cap' Ri: Ewen
It is ordered that the Sherriffe shall have power and is
hereby impowered to distraine the Goods of all such persons
as shall refuse to pay unto him or his assigns all or any such
ffees as are due to him or shall deny to pay him such To-
baccos as are due by Levies & Secretarys ffees which he is
to receive. William Ffuller
Mary Hodger the present Executrix unto John Hodger
deceased being through the permittance of Almighty God
intended to mary doth by these presents before the day of
Matrimony make over and give unto her Son John Hodges
one Compleate Suit of bedding that is to Say one feather bed
and bolster and rugg and two blanketts with a Suit of Searge
Curtaines and Vallence trimmed with Silk frenge as also a *'' '''^
fowling piece and an Iron Pott, for the performance of which
particulars ; Richard Kanery who is now to mary the S'' Execu-
trix doe bind himself to See the premisses faithfully per-
formed; when y' the age of eighteen ycares unto which
agreem' We doe Sett our hands this 12''' day of July 1655.
the mark of Richard RK Kanery
the mark of Mary M Hoggen
more to be added one )
Silver Sack Cup & a dram Cup j
In the presence of us
James Veitch. William Stevens
420 Court and Testamentary Business, 1655.
B. This Bill bindeth me Richard True of the Province of Mary-
^" land Boatwright my heirs Executors Adminisf' or Assignes to
pay or Cause to be paid unto Arthur Turnor of the Same
place his heirs Executo" Administ" or Assighes the true &
Just Sume of one Thousand Seven hundred forty and Seven
pounds of Good Merchantable Tob in Leafe and Caske to be
paid at or upon the last of November next Ensuing the date
hereof at Some Convenient place on the North Side of
Wicockomoco River and for the true and Just performance of
the Same I have hereunto Sett my hand this ai"" day of ffeb-
ruary 1654 Richard x True
Signed and Delivered in the ) his marke
presence of j
the marke of ,\^ Walter Gest
At a Court held at Putuxent the 3'^ of October
1655
r Cap' William ffuller m' Edward Lloyd
present } m" Richard Preston m' Thomas Meeres
[ m' W" Durand.
Henry Buiien pife ■) The plantiffe declares and proves that the
mr Michael Easy / defendant hath killed a Sow belonging to the
^ plantiffe, and whereas the defendant offereth in Court to de-
liver a Sow of the like Value to the plantiffe, It is ordered by
the Court that the Said Defendant Shall deliver a Sow of the
like Value to the S'' plf' upon Demand & Charges of Court.
Pet in Court.
Administracon of the Goods & Chattells of John Crabtree
Granted to William Stevens Sueing for the Same, And it is
further ordered that for the advancement of the Estate being
weake the Said Estate Shall be Sold at an outcry for the better
Satisfaction of the Credito'^^ And that Edw** Good Shall be
paid in the first place for what he Shall make appeare due for
Servitude.
Edward Good Sues for payment of eight pounds Sterling
due to him from John Crabtree for Service.
William Stevens Claimeth of the Estate of John Crabtree,
the Sume of five hundred and Eighty three pounds of Tob:
Alexander Magrudder Claimes of John Crabtree one hun-
dred and Seventy pounds of Tobacco.
Michael Basey Claimes of the Estate of John Crabtree one
hundred thirty two pounds of Tobacco as by account appeares.
Court and Testamentary Business, 1655. 421
M' Richard Preston Claimes upon the Estate of John Crab- uber
tree Seven hundred and Ninety pounds of Tob: and Caske. ^'°" 3-
The Difference between Henry BuUen & Michael Basey is
referred to the Arbitrem' of two men to be Indifferently Chosen
between them, And that their Award Shall be performed within
tenn dayes or Else Execution.
Deposition of Tho: Robinson
Thomas Robinson Sworne Saith that eight pounds Claimed
by Edward Good upon the Estate of Jn° Crabtree his master
is due to him for Service T
Be it known unto all men by these presents That I John p- '5'
Hawkins doe give unto William Baten a free discharge of all
bills dues bonds reckonings or accounts of what Nature or
quality Soever they were ' of and doe acknowledge to have
received full Satisfaction therefore and all other Controversies
whatsoever, In wittness whereof I Sett my hand October the
4"' 1655 the mark of X
Testis. Will" Moffett John Hawkins
Richard Smith
Be it known unto all men by these presents that I William
Baten doe give a free discharge unto John Hawkins of all bills
dues bonds reckonings or accounts of what Nature quality So
ever they were of and doe acknowledge to have received full
Satisfaction therefore and all other Controversies whatsoever
In Wittness whereof I sett my hand October the 4''' 1655.
The mark W B of W"" Batten
Testes WiH: Moffett
Richard Smith
William Stevens Claimeth on John Crabtrees Estate Seventy
four pounds of Tobacco for Goods besides the Bills.
Peter Johnson Sayth that he heard John Crabtree Sonne of
John Crabtree Say that Eight pounds Sterling was due to
Edward Good for Service P I
Michael Easy Convicted in Court for Swearing William
Stevens Sworne Saith that this deponent Coming to Michael
Baseys house, with James Veitch the Said James Veitch
demanding a Grindstone Michael Basy replied he Should not
have it, the S'' James Veitch Said Answered that he must have
it, to Carry it to the rest of the Goods, The Said Baisey
answered you have delivered the Grindstone to me to keep,
and Swore Gods, blood I will be the death of that Man that
42 2 Court and Testamentary Business, 1655.
Liber B. Shall fitch it away and be Sure you bring a strong Guard along
No- 3- with you
It is ordered that Peter Godson Shall pay unto William
Batten the Summ of twelve hundred Sixty two pounds of
Tobacco which is in Court Confessed due.
Whereas William Wilkinson Clerk desireth Certificate from
this Court Concerning the decease of John Crabtree and John
Ramsey the Court having Testimony thereof doe Certifie that
the S'' John Crabtree and John Ramsey are departed out of
this Life and are dead.
Upon two former orders It appeareth that Phillip Land is
indebted to to Katherine Edben the Summe of fourteen hun-
dred ninety Eight pounds of Tobacco, It is ordered that Exe-
cution be awarded on the Estate of the Said Land to Satisfie
the Said debt of one Thousand four hundred Ninety eight
pounds of Tobacco and Charges.
Whereas William Dorrington hath been Imployed by the
Publick to look unto that Estate of Cap" William Stone which
is made liable by order of Court to Satisfie the Publi 
