164     Court and Testamentary Business, 1642.

 Liber P. R. sheweth that he became surety to the sheriff for william holmes

                  of virginea gent, for the paymt of 1000 l tob & cask wch tobacco

                  is since recovered of him by the sheriff by iudgemt of Court;

                  & therefore prayeth that he may have processe vpon any debts

                  or goods of the said william within this province, to repair him

                  his said damage.

                    It was ordered that processe be granted according to his

                  petition

                    Eod. william hardige p attornat John weyvill appeared to

                  prosequute agst xpofer carnoll & the sheriff returned that he

                  was summoned to this Court vpon his perill & confessed the

                  debt; & therefore the Court in punishmt of his absence

                  adiudged that the plf. should recover.

                    Eod. henry bishop to certaine Interrogatories on the behalfe

                  of James neale touching what goods of william holmes he had

                  in his custodie, saith vpon his oath that he had nor hath any

                  goods of william holmes in his hands, nor knoweth who hath,

                  but saith that John hollis told him he had 2. gonnes & some

                  beaver & p of broken stiliards & some other odd things of

                  the said william holmes's & more he knoweth not.

                  Jurat coram me

                    John Lewger Secretary

                  mr Brents answere to Eod. The said Giles Brent saith for

                  criminall bill

                               answere that his whole manage of the said

                  busines was guided by the best of his discretion for the honor

                  & benefit of both his Lops and the colony, in the following of

                  which he affirmes him selfe to have been very farr from affec

                  tions of contempt, his vnderstanding of the said Commission

                  having bin that it licensed him so to proceed, he therefore

                  denieth himselfe to be guilty of the said misdemeanor and

                  contempt, wch is laid to his charge in the said bill

                                                    Giles Brent.

                    The Court admitted of the excuses of the defendant, and

                  found him thervpon not to have omitted the exequuting of his

                  Commission, out of contempt. And therefore dismissed him

                  without day. And likewise for the civill bill before entred

                  agst him, & found for him by the country, the Court dismissed

                  him without day.

                    Eod. Giles Brent demandeth of John Genallis, John Scoffin

                  John Stubborn thomas holmes & daniel duffill 500wt of tob for

                  a trespasse in killing one of the ewes of the plf. at Kent

                    the said daniel denieth that he killed any ewe of the plf.