Court and Testamentary Business, 1643. 249

      Secre 5. entre: p 2. heads. 50 l And the Secretary adiudged that the                   Liber P. R.

      Exeq 35 said Giles Brent recover of the said

      henry James & Robt Sedgrave, 1501 tob.

        febr: 27. 1643 Exeq: for 150 l & 50' charges & 35 l sher: fees.

        Giles Brent appeared to prosequute agst Anthony Rawlins

      & Robt Smith for the contribution mony, & the sheriff returnd

      them served, & were called 3. times & not appearing, & it

      being found past nine of the clock, the Judge found them in

      default, & admitted the plf to prove, & adiudged that Anth.

      rawlins for him & his house should pay 100 l tob. & Robt

      Smith 100 l tob.

        feb. 27. 1643. Exeq: vers. Anth. rawlins p 100 l tob, & sher.

      fee & siliter v. Rob. Smith retorn without delay.

      1643                                                                                                     p. 140

        Febr: 9. vpon instance of Capt Tho. Cornwaleys, to be dis

      missed the Cort without further delay the L. G. demanded of

      his Lops attorny, his opinion in point of law, whether accessary

      to rescue of one imprisond for suspition of highe treason, were

      to be proceeded agst in this Prov: according to the rule ex

      pressed in or Lawes, in bar implied to the Law of England; or

      according to the law of Eng'. and the Attorny delivered his

      opinion that the Court is bound to proceed according to the

      Lawes of this Province, both by his Lops Commission, & by

      their oath; (so far as the Attorny doth iudge or vnderstand:)

      althoughe they have a bar implied to the law of England.

        And the Leiutent Grall vpon the hearing of the whole matter

      betweene his Lops Attorny and Capt Tho. Cornwaleys touching

      the rescuous & escape &c. found the said Tho. Cornwaleys to

      be accessary to the rescuous & escape charged; & adiudged

      him therefore to lose to the Lord Proprietary 1000 l tob.

        Eod: & afterward vpon the petition of the said Tho. Corn

      waleys, the Lieutt grall willed his Lops Receivor to respite the

      levying of the fine till further order.

        Giles Brent Esq &c demandeth of Robt Ellyson 250 l tob &

      cask, for the price of one gonne of the plfs delivered him by mr

      wyatt, & deteined from the plf by the deft

        the said Robt Ellyson saith that he tooke no charge of the

      gonne demanded, nor is able to restitution.

        And vpon the confession of the deft in Court, of non compos

      mentis when he took the gonne, the Court fined him 100 l tob.

        And the Secretary found, that the gonne was deposited in

      the defts hands by mr wyatt at such time as the deft was