Court and Testamentary Business, 1649 50.185

      the determinacon and Judgment of the Court for all matters Liber B.

      charged against him upon which the Grand Jury had given in

      their verdict the day before not desiring that the Court Should

      be troubled with impannelling another Jury for the further

      tryall thereof.

        This Court therefore takeing the matter into Serious Con-

      sideracon upon the perusal of the proofs and in pursuance of

      the verdict of the Grand Jury for his Several Offences of

      Adultery ffornication and Murtherous intention, and in respect

      of his lewd and Scandalous Course of life Sufficiently appearing

      upon the proofs doth Order that the Said Capt Mitchell Shall

      forthwith pay ffive thousand pounds of Tobacco and Cask or

      the value thereof as a ffine to the Lord Propriary, And to enter

      into bond for his good behaviour, And that he and his now

      pretended wife Joan be Seperated till they be Joyned together

      in Matrimony in the usual allowed Manner, And that paying

      the Court Charges and Other ffees and Charges of imprison-

      ment he is to be discharged of his Imprisonment in this par- p. 332

      ticular

                26 March 1653 Execuc for 2000' of Tob & Cask

                part of the 5000 the Governor having remitted

                2000 & 1000 being paid or payable to himself

      Susan Warren plt 1 Whereas by a former Order of Court

      Capt Wm Mitchell Deft made in this Cause the 22th day of Aprill

      last the hearing thereof was respited till the then next Court,

      And the parties plt and deft this day attending for a tryall

      therein and upon full hearing what could be alleadged by either

      party in this Suit and upon perusal of the proofs on both

      Sides, the Court upon reading the Deposition of William

      Hampstead, It appearing thereby that the Defdt had expressed,

      that he that would not forswear himself was noe Servant for

      his turn, the Court thought to Set aside the Depositions of

      Henshaw and Hoskins as being the Defdts Servants and Sub-

      sequent to the Depositions of William Hamsted and his wife

      who deposu positively to the plts paying for her passage hither,

      and there appearing much Jugling and baseness in the whole

      business, and the Court being Satisfied tht the plt did not

      accompany the Defdt from England hither wth any intention to

      be his Servant who had made her his Companion and bed

      felow for which by Order of Court She had received punish-

      ment It is therefore Ordered, that the Complaynt Susan Warren

      be from henceforth absolutely freed & discharged from all

      Service any ways claimed from her by the Defdt Capt William

      Mitchell upon any claime or pretence whatsoever and Whereas

      Mr Robert Brooke one of the Counsell attesteth tht the Said

      Complaynt hath remained prisoner a long time for the Defdts