Court and Testamentary Business, 1649—50.    223

       year wherein the land was Surveyed in Case the Survey were Liber B.

       not made twelve months or near thereabouts before the day

       of paymt the Said Attorney moved to have the resolution of

       the Court herein, for his more Warrantable proceedings touch-

       ing the Said Rents, Soc as neither his Said Ldp nor the In-

       habitants may be injured thereby. And Capt Cornwallis, Mr

       Wm Eltonhead and Some others of the inhabitance present in

       Court made what Allegations they thought fitt in the Busieness,

       Upon Consideration whereof the Governour and Councell this

       day present in Court Unanimously Gave theire Votes, that his p. 393

       Ldps Rents were Accomptable from the date of the Certificate

       of Survey, and that for the first yeare where the Survey is

       Made within lesse than twelve Monthes before the rent day that

       a proportionable Share of that yeares Rent be paid for the

       time betwixt the Survey and the first rent day Appointed by

       the Grant

        William Smoote moveth the Court to be relieved against

       Capt Thomas Cornwallis for the increase of a Cow recovered

       at a Court held the 22th November last, with his Charge and

       Damages in the Busieness, the Court finding that there is Noe

       increase, but what Smoote is airead possessed of, finds noe

       Cause of Giving him any further reliefe in that particular, And

       as touching the Charge It is Ordered that Capt Cornwalleyes

       pay four hundred and three pounds of Tobacco and Caske to

       the Compit Smoote according to an Accompt thereof (now

       produced by the Secretary) of former Courts, the Court

       Charges upon the hearing the 22th November being alsoe

       payable by the Said Capt Cornwallyes who is ordered also to

       pay one hundred pounds of Tobacco and Cask more to Smoote

       for his trouble and Expences that Court

       Mr George Mee plt   The plantiffe Sues the defendant for that

       Mr John Cornelius deft he did not deliver to him as able a Servant

       according to Bargaine as he delivered to the defendant the

       defendt by his Answer Alledgeth he did whereupon the plan-

       tiffe craveth to have a Jury, and the Court Giving order for

       that purpose the Sheriffe Impannelled Mr Phillip Land, mr

       Thomas Mathewes, mr Richard Hodgkins, mr ffriendship

       Toung, Sergt Marks Pheypo mr William Whittle, mr Andrew

       Wardner, Licut William Lewis, mr Nicholas Cuzeen, John

       Maunsell, Mr ffra: Brooks mr Walter Hall, to be of the jury in

       the Cause who having made Choice of Mr Phillip Land for

       their foreman were Sworne in open Court, and their Charge p.

       Given them as followeth, You Shall Sweare to give in a Just

       and a true verdict to the best of your Skill and understanding

       upon the proofes to be produced unto you in a Cause now