202 Court and Testamentary Business, 1649 50.

         Liber B.   that the plfe did not accept of him for paymaster, and desired

               respite till the next Court to make his proofes. It is Therefore

               Ordered that the further hearing hereof be respited till the

               next Court.

                Upon the Motion of Colonell Francis Yardley for an Atta

               against the Estate of Capt Richard Husbands Mariner upon an

               Accompt of 1347 l of Tob: now produced with Damages and

               Court Charges. Mr Edward Packer Attorney for the Said Capt

               Husbands being now present in Court offered to Secure in his

               Custody Soe much of the Said Capt Husbands Estate as

               Should be Sufficient to be answerable to the order of Court

               upon hearing of this Cause the Next Court or when the Same

               Should be appointed to be heard. Which he is ordered to doe

               accordingly.

               William Cole plfe    The defendt Henry Potter informing the

               Henr Potter & ux, defts  Court that his wife the other deft was Sick

               (whom the Matter Chiefly concerned) Craved reference till the

               next Court, which is ordered accordingly

            p. 363 Thomas Bushell for his misbehaviour in Court being much

               in Drink is this day fined five hundred pounds of Tobacco and

               Caske to the Lord Proprietary.

                1 April 1653. Execuc ad Satisfaciend July 21 1653

                this fine was by the Governour remitted Tho: Hatton

               William Smith plt     Upon reading of Severall former orders

               Capt wm Mitchell deft    made in this Cause. The Complts now Suit

               being for Certaine Goods by him Shipped in England for this

               place upon the defendts account which were detained from him

               by the defendt as he alledged. To which the deft denyed that

               he ever had any Goods of the plfes. And the pile being ready

               with his proofes the Matter in question was upon the defend-

               ants Motion referred to be tryed by a Jury And a Jury was

               accordingly impannelled for that purpose. But before any

               Charge Given to the Jury. Upon the defendants Motion (the

               plfe agreeing thereunto) the Court thought fitt and it is

               accordingly ordered that the further hearing of the Cause be

               respited till the next Court, and the deft to have liberty by that

               time to Examine what Wittnesses he Shall thinke fitt (de bene

               Else) of whose depositions the Court will then either allow or

               disallow of as Shall be thought fitt. And the hearing to be then

              preremptory

               John Sturman plfe The defendant not appearing being arrested

               Henry Bishop deft upon the Compits Motion. It is ordered that

               in case the defendant Shall not by himself or his Attorney