152 c ourt and Testamentary Business, 1649 50.

          Liber B. and repacked, and hath Sold Some part thereof to the best

           p. 285 value he could, And prayed that the Court Would determine

              to whome the Said Beef doth Justly belong and to Vindicate

              his Lordp and the Government touching the Said Mrs Brent's

              unwarrantable proceedings in the Premisses in contempt as he

              conceives both of his Lordp and the Government, And to

              appoint which way his Lordps Said Attorney Shall have Satis-

              faction for his trouble and charge before menconed, And the

              Said Mrs Mary Brent being present in Court in Answer to the

              Said Attorney's Informacon denyed not the Killing of the

              Cattle therein menconed, but Saith that part of them were

              killed upon their Mannor at Kent, and that those unmarked

              wild Cattle before menconed were of her brother's own Stock

              and did not any ways belong to his Lordp. and prayed that the

              tryall might be by way of Jury, But the Governor and Counsell

              being taken off upon other publick urgent occasions could not

              attend the further hearing of the Cause at present and there-

              fore Ordered that the Same be respited till the next Sitting of

              the Court, And in the meantime his Lordps Said Attorney

              might dispose of the beef in his Custody before menconed to

              the best value or in the best way he could either for Sale or

              preservacon thereof and to be accomptable upon the hearing,

              and for his allowance the Court would then Consider thereof.

              Wm ifoxery plt The Complaynant Sueth to be relieved against

              Wm Batten Deft the Defdt for the damage he hath Sustained by

              his the Defdts unconscionable breach of Trust in paying him

              900 l Tub or thereabouts in Roll which the ph relyeing upon his

              word and honestly received as good Sound Merchantable

              Tobacco, but the Same afterwards upon view appeared to be

              decciptfull rotton Tobacco and unmerchantable to the pits

              damage of one hundred and fifty pounds Sterling, To which

              the Defdt Answered that for Some goods he bought of the plt

              about three years Since, he agreed and did pay unto him in

              Virginia a Certain quantity of Tobacco in Roll wch the plt upon

              receipt thereof opened and viewed and tryed, And the Deft

              knoweth not to the Contrary, but that the Same was Sound

              good Merchantable Tobacco, And denyeth any breach of word

              or trust, or that he did at all pay it upon any Such terms, But

              the Court having not now time to attend the further hearing

              thereof, doth respite the Same till the next Court:

                Know all men by these presents that I Levin Bufkin Esq

              have Constituted authorised and appointed, And by these pre-

              sents Doe Constitute Authorise and appoint Cuthbert ffenwick

          p. 286   of the Province of Maryland Gent my true and Lawfull Attor-

              ney, And doe hereby Give and Grant unto him my Said At-