256 Court and Testamentary Business, 1649 50.

          Liber B.   Charges and Such Damages as this Honble Court Shall award

               for the prejudice he hath received by the non paymt thereof.

               And yor Petiticonr Shall Ever pray

               Mr ffrancis Brookes by      Upon Reading of an Order

               Capt Willm Mitchell his Attorn plte made in this Cause 25to Novem

               John Dandy Defendanther last whereby the Compit was

               directed to procure Some discharge or other note to Satisfie

               the Court what Tobaccos Colonell Nathaniell Littleton had

               received either of him the Compit or the Defendt in Satisfac-

               tion of the debt in the Said Order Mentioned or other direct

               proofe of paymt And it being more made appeare unto this

               Court on the compltes behalf that the Compit had paid to the

               Defendant in Bills accepted and to Colonell Litleton (as

               appeared by his Lres) 2810 l of Tobacco and Caske Soe as

               there remained only one hundred and ninety pounds of Tob:

          p. 436     and Caske unpaid of the three thousand pounds of Tobacco

               for Security of paymt whereof the Cattell in question were

               Mortgaged or bound over to the defendt which one hundred

               and Ninety the Complt was ready to pay, It is therefore upon

               full hearing what could be alledged on either party now

               Ordered that the Complt paying to the defendt the Said one

               hundred and Ninety pounds of Tobacco and Caske he the Said

               defendt is to deliver all the Cattell he received upon the Bill

               of Mortgage with their Increase to the Complt at St Inegos

               ffort, and is alsoe to Secure the Said Complt from all Damage

               he may happen to Sustaine by the defendts not paymt of the

               Remainder of the Tobaccos payable to Colonell Litleton for

               the Shallop. But in regard the deft had Some Cause as

               appeared to the Court to question the paymts before mentioned

               the whole Charges of Court in this Cause is Equally to be

               borne and paid by both parties in this Suite.

               Capt William Mitchell plte     The Compft declaring against

               Lt Nicholas Gwyther Sheriffe deft the deft upon an Action of the

               Case for that he the defendt being Sheriffe of St Maries

               County Served a Writt of Execucon upon his the pltes Estate

               granted by one who (as the pite alledged) had no power to

               grant the Same and before a former Execution made out

               against his pson was duely returned. And for that the Said

               Sheriffe Contrary to the Law of England (as the plt alledged)

               had Administred an Oath unto the Appraisers upon that

               Execution fOr the true Appraismt of the Estate Executed,

               which he had not power to doe, And had alsoe taken into his

               possession a Wastcoate of the pltes wch was not at all valued

               or Executed to the Compltes great Damage as he pretended

               To which the Sheriffe Answered that his proceedings in the