Court and Testamentary Business, 1649 50.  257

       Serving of the Execucon now questioned and which was granted Liber B.

       by Lt Richard Banks then appointed one of the Comrs for the

       Government here was according to the usuall Manner of

       Serving the like writts in this Province and not Contrary (Soe P 437

       farr as he knew) to the Lawes of England And that the Wast-

       coat before menconed was delivered to him with one of the

       pltes Children whom he tooke out of Charity to keep being

       then left unprovided for by the pite (who was conceived to be

       fledd out of the Province) and that he had been at Some

       Charge in Clothes for the Said Child above the Value of the

       wastcoat in question which was when he had the Same of very

       Small inconsiderable Value Whereupon the Counsell now

       present in Court viz mr Robt Brooke, Capt John Price, mr Job

       Chandler and the Secretary not finding any Cause to Censure

       the Said Sheriffe for any of the Matters now Charged against

       him by the plt whose Complaint they conceived to be trouble-

       some Vexatious and Impertinent Unanimously gave in theire

       Votes for the acquitting of the Said Sherriffe touching the

       Matters now Complaind against him, But the Governour not

       being Satisfied therein respited the Busieness till the next

       Court.

         24 Martij The Governour this day declared in open Court

       that he had remitted Two Thousand pounds of Tobacco and

       Caske Charged upon Capt William Mitchell by an Order of

       the last of June last for the offences in the Said Order Ex-

       pressed.

       Capt. Willm Mitchell plte The hearing of this Cause is respited

       Robt Brooke Esq. Deft to the next Court.

         William Jones aged 25tY yeares Sworne & Examined the

       22th day of march 1652 Sayeth

         That about two yeares Since or Something more one Edward

       Philpott wheelwright then Servant to Capt Willm Mitchell (as

       this deponent taketh it) haveing been at worke at the house of

       Robert Brooke Esq. this Deponents Master upon Putuxent

       River and being gone or upon his Departure thence and

       haveing put up divers Tooles in a Chest or box for that pur-

       pose, which he had not Shewed to this Depont or to any of

       his Said Masters other Servants (Soe farr as he this Deponent

       knowes) before they were Soe put up as this Deponents Master

       Said he directed him, he this depont thereupon by his Said p. 438

       Master's direction in the presence of Divers others opened the

       Said Chest or box and Veiwing the Said Tooles found amongst

       them divers of this deponents Masters Carpenter Tooles which

       this Deponent in the presence of his Said Master and others