Court and Testamentary Business, 1649 50.251

      Mitchell promised your petitionr payment but unmindfull of his Liber B.

      promise and regardless of his ingagemt he hath Still Neglected

      and refused paymt which makes your Petitioner to move the

      Court for releif and Justice and he Shall ever pray &c.

                      These two Causes Comeing this day to

       be heard William Smith in the Cause

      and Capt Mitchell plt J wherein he was Compit Sueing to be re-

      Willm Smith deft

                     leived touching Certaine Goods and other

      things referred to a further Tryall by an order of Court of the

      23th of Aprill last And Capt Mitchell defendant in that Suit

      denying he had any of the Said Smithes Goods and Craveing

      to be releived against that order and prosecution thereupon as

      illegall. And the Said Capt Mitchell in the Cause wherein

      he was pite in an Action of the Cause Claiming the Said Smith

      as his Servant, and Sueing for divers Goods detained from him

      by the Said Smith and other Damages to a Great Value Ex-

      pressed in the Said Capt Mitchells Declaration thereof, To

      which Claime of Service Smith denying any Service to be due

      and pleading the Said Order of of the 23th of Aprill last, and P. 430

      denying also to have any Goods of the Said Mitchells. And

      proofes being tendred on both Sides in both Causes, The

      Court taking the Busieness into Serious consideration, and not

      thinking fitt to Meddle with the reversing of the Order of the

      23th of Aprill as being more proper for an Assembly if there

      be Cause; And the Matter of these Suites having long de-

      pended, and Many Depositions taken therein on both Sides

      contradicting one the other as is conceived, It is therefore

      thought fitt and accordingly ordered that all differences de-

      pending in this Court betwixt the Said parties be referred to

      the determinacon of the next Generall Assembly to be held for

      this Province And that all Such Tobaccos or other Goods taken

      in Execution upon the Said Order of the 23th of April last or

      the price payable for them Shall rest in the hands of those

      persons where now they remaine till it Shall be determined by

      the Said Assembly (upon the hearing of the Cause) how the

      Same Shall be disposed of.

        Capt William Mitchell plte Willm Smith defendt Capt Wil-

      liam Mitchell of St Thomas in the Hundred of St Maries in the

      County of St Maries in the Province of Maryland demandeth

      of WiHm Smith of the Sd County and Province in an Action of

      the Case for that he the Said Willm Smith being Servant to

      the Said William Mitchell hath for Many Months last past ab-

      sented himself from his Service and Still doth absent himself,

      although the Said William hath in open Court demanded his

      return by meanes whereof your Petitioner hath been damni