136 Court and Testamentary Business, 1642.

Liber P. R.  Province was concerned in the well managing & successe of

                  that designe, of some private disgusts, or for some other

                  secrett reasons, of his owne discretion lett the whole enter

                  prise fall to the ground, by not vsing or exequuting the

                  said Commission hc ought to havc done, to the great

                  contempt of his Lop in the person of his Lieutent Generall,

                  the notable endangering of this colony, & endamaging of it

                  in a fruitiesse expence of five thousand six hundred twenty

                  two pounds of tobacco already incurred by the Accompt of

                  that expedition. And this he is ready to averre. And vpon

                  this he bringeth his suit & prayeth that the said Giles Brent

                  may be putt to answere his said misdemeanor & contempt, &

                  that such further proceedings & sentence may be had & vsed

                  agst him as to iustice shall apperteine.

                  the answere of mr G. B.   the said Giles Brent maketh answere that

                  p cur 12. nov:     true it is he received from the Leiutent grall

                  vacat ista respnsio     a paper Commission (authorising him so far

                  forth as rightfully it may) to presse men &c (according to the

                  true sence therof) to make an expedition against some enemies

                  of the Province, which expedition (out of lawfull and good

                  respects and wch obliged or authorised him so to doe) he (at

                  his being at Kent) differd to make vntihl some farther order for

                  his proceeding therevpon was had from the Lieutent Generalh.

                  And therefore to the charge conteind in the bill plaintiff (that

                  he let the whole enterprise fall to the ground by not vsing or

                  exequuting the said Commission as he ought to have done to

                  the great contempt of his Lop in the person of his Lieutent

                  grall, the notable endangering of the colony, and indamaging

                  of it in a fruitlesse expence of 5622 l of tob already incurred by

                  the accornpt of that expedition) he pleadeth not guilty, and for

                  his triahl putteth himselfe vpon his country.

                    eod came John nevill & acknowledged himselfe to owe

                  vnto John Hollis eight hundred and sixteene pounds of tob; in

                  full discharge of all demands for any tobacco paid for him to

                  mrs Tranton by the said John hollis.

                  Eod       John hollis p Jo. weyvill demandeth of Cyprian

                  vacat ista actio Thorowgood six hundred & one pound of tobacco

                  & warrant due by accompt

                    attachmt to sheriff, to answere 1st decemb: then retornable

                    Eod Thomas Butler demandeth of John Powell foure

                  hundred and ninety pound of tob due by bill for debt of last

                  yeare & damage.

                    attachmt to sheriff of Kent, to answere decemb. then

                  retornable.