434 Proceedings of the Council of Maryland, 1660-1661.

Liber H. H.

At a Councell held at the Gouernors howse the
11^th of October 1661

Present Philip Calvert Esq^r Coucrno^r Henry Coursey Secr^r

m^r Robert Clarke M^r Baker Brooke M^r Ed. LLoyd m^r John
Bateman

Vpon the mocon of John Bouge and William Mills Guardi-
ans to the children of Cuthbert Fenwicke deceased to haue a
writt of Particon of the land by the last will and testam^t of the
said Cuthbert to his sonns Cuthbert, Jgnacius Robert Richard
and John Fenwicke deuised according to the tenor and pur- r

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porte of the said will now proved and vpon Record, shewing
vnto the board that unles such partition be speedily made that
every one knowing his parte may improue itt, the children will
inevitably be undone by permitting the houseing and plantacon
now already cleared and built runne to ruine
Ordered. That a writt of particon issue to the Sherriffe of
Calvert County to see particon made by a Jury of twelue men
of the neighbourhood according to the tenor and purporte of
the will (vizt) that they lay out unto Cuthbert ffenwicke one
hund^d acres next unto S^t Cuthberts Creeke and that afterwards
they diuide all the remaynd^r of s^t Cuthberts Manno^r (excepting
that parcell lying Westward of the Deepe branch of S^t Cuth-
berts Neck by the said will Deuised unto Jane Fenwicke) into
fiue parts of equall vallue haueing regard to the Goodnes of
the land not the number of acres And that then they first give
unto Cuthbert Fenwicke his Share next adjoyning to his land
vpon S^t Cuthberts Creeke and afterwards that they permitt
the other brothers to chuse bylotts their Shares soe divided as
aforesaid the eldest of them chuseing first and soe the next in
seniority till every one haue his parte

At a Councell held at S^t Marys the 12^th of octob^r 1661

Present The Gouernor Secretary M^r Robert Clarke M^r Baker
Brooke M^r Edward LLoyd and M^r John Bateman
Was Sworne of the Councell Captaine James Neale And
after satt as a Counceller.

Came Cap^t John Odber to giue an accompt of his expedicon
to the Sasquehannough Forte being demanded why he came
downe without order from the Gouernor.
He replyed that the Sasquehannoughs came to him and tould
him that they could not compell their men to furnish the Souldiers
with Prouisions according to Articles, and therefore bid them
provide themselues to be gone to morrowe for there were
Canowes to Goe to carry downe the Amunicon by water. That