206 Court and Testamentary Business, 1649 50.

         Liber B. Capt Thomas Cornwallies pltUpon the reading and perusall of an

              William Smote defendant order of the Seventh December 1648

              and of another order 2do Junij 1649, and of another order of

              the 15th Novemb: 1649 and alsoe another order of the 25th ffeb:

              1649 all made in this Cause, as likewise Severall Depo taken

              in this Cause upon Record. The Compit Suit being for a

              Cowe and her increase in the Said Severall order and Deposi

              tions mentioned being in the Defendants possession, which

              the ph Claimed as belonging to him, wch the deft denying,

              and the Compit being willing to have the tryall by way of

              Jury, the Court approveing thereof, Gave order to the Sheriffe

              for the Impannelling of twelve able Jurors for this purpose

              which accordingly he did theire Names being as followeth vizt

              mr Thomas Mathews foreman, Lieut Richard Banks, Sergt

              Mark Phepo, mr Jno Manfeeld, mr Walter Peakes, mr Walter

              Beane, mr Charles Manyard, mr Robert Cedger, mr John

              Nicholas mr ffrancis Poesey, mr John Medley, Mr George Mee

              To which Jurors nor any of them neither of the parties in this

              Cause tooke any Exceptions, Whereupon theire Charge was

              Given them in open Court as followeth vizt you Shall Sweare

              to Give in a Just and true Verdict to the best of your Skill

              and understanding upon the Evidences and proofes to be pro

          p. 368   duced unto you on either party in A Cause depending between

              Capt Thomas Cornwallies Esq plte and William Smoote de-

              fendt whether the Cowe and her increase in question now in

              the defts possession doth in right and Justice belong to the

              Complt Capt Cornwallies or to the defendant Smoote.

                After which Charge Soe Given to Every of the Said Jurors

              upon their Oath in the usuall Manner, they the Said Jurors

              withdrew themselves, And after Some time Spent upon this

              Tryall, they brought in their Joint Verdict, to which being Sev-

              erally called by their Names in open Court they all in express

              words agreed, being in these words following VlZt We find the

              Cowe to be the defendt Smoots with her increase, It is there-

              fore by this Court Ordered and adjudged according to the

              Said Verdict That the deft William Smoote his Executors Ad-

              ministrs and assignes Shall from henceforth forever quietly and

              peaceably, have, hold, possess and Enjoy the Said Cowe

              together with her increase, and that the Sd Complts Suit touch-

              ing the Same be forever hereafter Clearly and absolutely dis-

              missed out of this Court and he the Said Compit is to pay all

              Court Charges in this Cause.

              William Hardwich plfe The defendant acknowledgeth a Judg-

              William Ernpson deft ment in open Court to the plantiffe of

              three hundred fifty and two pounds of Tobacco and Cake

                   2 dec 1653. Execut inde versus person ad Satisfaciend