164 Court and Testamentary Business, 1649 50.

         Liber B. Mr Phillip Land informeth the Court that at an Assembly

              formerly in this Province the Burgesses were allowed p the

              Countrey p head a day 50 pounds of Tobacco which Said

              Tobacco was allowed them to defray their expence in the time

              of the Assembly And the Tobacco concerning the premisses

              being in the hands of Mr Nicholas Gwyther the high Sherriff

              the Said Land Requesteth the Court that he may have an

              Order granted him to have what Tobacco he can Justly make

              appear to be due from the Said Burgesses in the time of the

              Sitting of the Assembly out of Mr Gwyther's hands The Court

              being further informed by the Said High Sherriff of the prém-

              isses, And the Said Sherriff Confesseth he hath part of the

              Said goods in his hands, The Court Orders that the Said Land

              Shall have payment out of the goods which remaineth in the

              Said Sherriff's possession.

                                The Deft Peticons the Court tMr Thomas liatton as being                   

              Attorney General . plt to a tryall in a Suit depending betwixt

              to the Lord Baltemore the Lord Baltemore and her the Suit

              Mrs Mary Brent Deft

                               being referred by the Last Court till

              this Sitting, the Attorney Generall in the behalf of the Said

              Lord and Informing that Capt William Clayborne a man now

              in power here Claymed Some Interest in the Wild Cattle upon

              Kent and that the business did concern the whole Common-

              wealth and Soe proper for an Assembly therefore for his better

              discharge, requested the Court that the Cause might be respited

              till the assembly, the Court Judgeing his request reasonable

              Orders that the business have respit till the Sitting of the

              Assembly.

              Wm Smith plt Upon the reading of Several Orders

              Capt Wm Mitchell Deft    formerly made in this Cause and of the

              Defdts Letter to the plt menconed in the plts Peticon the plt

          p. 303 amongst other things desireing to be relieved against the

              Defdt for 16 Months charge of Dyet and his passage into Eng

              land according to his ingagement by the Said Letter now pro-

              duced under his own hand and Seal the Deft acknowledgeth

              the Letter and promise but pleads an after agreement that

              Smith engaged himself to be his Servant before his comeing

              out of England for this he moves the Court to examine Mr

              Hatton as his Wittnes Mr Hatton being from home the busi-

              ness was respited till the next morning, and the plt and Defdt

              both warned to appear in the Morning they both appear, and

              plead in the business before Mr Hatton's comeing in, Mr Hat-

              ton is called for declares in open Court nothing to the Sd Capt

              Mitchell's advantage, And Mitchell Seeing himself like to be

              Cast pleads that he doth not appear, now for as much as this