160    Court and Testamentary Business, 1642.

Liber P. R.   pressed certaine souldiers & other necessaries for the service

                   by vertue of the said Commission, did discharge them againe

                   of his owne head, & hereby overthrew all the hopes & designes

                   of that expedition, to the great contempt of his Lops authority,

                   the dishonor and danger of the colony, & the ill example of

                   others in the like kind. And for this he impeacheth the said

                   Giles Brent of a misdemeanor & contempt; & prayeth that

                   such proceedings & sentence may be had & vsed against him

                   as to justice shall apperteine.

                     warne Giles Brent gent that he putt in his answere to the

                   Information of his attorny for a contempt & misdemeanor,

                   some time before nine of the clock on monday morning next

                   vpon paine of contempt, & of having iudgemt proceed against

                   him in punishmt of such his contempt. And certifie at or afore

                   the said time what you shall doe herein And this shalbe yor

                   warrant.

                   To the Sheriff S. mar.

                     5. John Langford Esq demandeth of Edward Hall and

                   Thomas Orly two thousand wt of tobacco with cask due by bill.

                     attachmt in forma consuet retorn 1st febr next.

                     Eod. John Lewger demandeth of Edward hall two hundred

                   & ninety Wt of tob wth cask due by acct

                     attachmt in forma consuet retorn 1st febr next

         p. 63 1642

                     december the said Giles Brent reserving to himselfe

                   power to reply in fit time to every particular of the mis

                   carriages objected against him in the said bill concerning the

                   omission of the exequution of the said commission, which mis

                   carriages he saith are iniuriously laid to his charge, the said

                   omission having been made (so as it was done) warrantably &

                   vpon good & just grounds; saith for present answere that in

                   the said omission (made so as it was) he hath not committed a

                   contempt & misdemeanor & for triall hereof he putteth him

                   selfe vpon the country.

                                                    Giles Brent.

                     Eod. And the said John Lewger saith that the said answere

                   Vacat ista of the said Giles Brent, is not sufficient in Law to

                   responsio preclude him from his said bill, nor to be replied

                   vnto by him, in regard it iustifies the matter charged agst him,

                   & putts the iustification to the triall of the country, wch iusti

                   fication is not a point triable by the country, but determinable

                   only by the Court, wch is to iudge in all causes criminall. And

                   therefore prayeth that iudgemt may be given vpon his bill.