452     Court and Testamentary Business, 1648.

            Liber A.    him. And the Gour appoynted Rich: Browne & Humphrey

                  Howell to measure the Come now extant, & equally deuide it

                  betwixt them. And the sd Mr Clarke not to hinder the Petr

                  from his writings.

                    This day Edw: Commins came & petitioned the Court, tht

                  an exequuon issued out agst his Estate, directed to the Sheriffe

                  of Kent, by uertue of a Recouery made by ffran: Brooks agst

                  the Petr uppon the oath of the sd Brooks in Court 220 Junij for

                  2041' Tob. & cask, may be superseded, untill the sd Commins

                  shall haue prosequuted his suite agst ffrancis Brooks for hauing

                  taken a false oath uppon his acct for wch the sd iudgmt was

                  gyuen. & the sd Commins produced 2 testimonies for proofe

                  of the sd Brooks oath to be false then present before the Court.

                  Ordered according to the Petn & tht the Petr shall prosequute

                  his suite att Jan: Court next.

                    Writt to the Sheriffe of Kent, to the Tenure of the Order.

                    The Depn of Hen: Morgan aged 30th yeares or therabouts

                  taken on the 26th Nouembr 1648.

                    The Dept sayth That about 4 yeares since ffrancis Brooks

                  received of this dept the summe of 350 l Tob. & cask, for the

                  use of Edw: Commins, being dew by Bill to the sd Commins

                  from Jno Powell. This Dept hauing order from the sd Powell

                  to pay the sd debt, to the sd Commins, or his assignes uppon

                  the deliuery in of his Bill, the sd Bill, being receaued in by this

                  dept uppon the paymt of the sd Tob. & further this Dept sayth

                  not.

          Jurat, Coram Robt Vaughan.             Henry Morgan

                    The Depn of Tho: Keene aged 55 yeares or theabouts.

                  Examined & sworne sayth That about 4 yeares since this Dept

                  receiued an attatchmt of Mr Wyatt in a sute concerning ffrancis

                  Brooks, & Edw: Commins sd attatchmt was to sease &

                  deteine for the use of Mr Brooks, one hogshead of Tob. being

                  in custody of Henry Morgan. And further this Dept sayth,

                  tht the sd Morgan would not depart wth the sd Tob. untill hee

                  the sd Morgan had his Bill of the Sd Edw: Commins. And

                  afterward this Dept went up into the Iland, to the howse of

                  Edw: Commins. And this Dept sayth, tht att tht time the sd

                  Bill was deliuered, to ffrancis Brooks, by the wife of Edw:

                  Commins. And further he sayth, tht he heard the sd Brooks

                  say (hauing then his Bill) bee was well satisfyed wth After

                  wards this Dept sayth, he mett wth Hen: Morgan who told this

                  dept tht the sd Brooks had discounted wth the sd Morgan, &

                  gyuen him in his Bill. & afterwards allso meeting wth the sd

                  Brooks, he told this Dept the same & further sayth not.

          Jurat Coram Jno Mottrom.               Tho T Keene