Court and Testamentary Business, 1650 53.273

  Willm Smith pite  Upon the motion of mrs Susan Warren Liber B.

      Capt Willm Mitchell Daughter and Assignee of the plte to have p. 456

       Attorn Defendt J 550 l fob which was taken in Execution upon

      an Order of the of January 1651 for five Barrells of Corne

      or the Value thereof. It now appearing to the Court that the

      plte Smith hath received Satisfaction of the Said Debt to 225 l

      of Tob & Caske. It is ordered with the defendants two Attor-

      neys consent that they or one of them give the Said mrs Warren

      Creditt with Capt Cornwallyes or Some other to the Value of

      the Said two hundred twenty and five pounds of Tob: & Caske

      being the ballance of the debt of five hundred and fifty pounds

      of Tobacco before mentioned.

      mrJoseph Manning mercht plte Upon the Motion ofTho: Gerrard

      mr Tho; Webb merchant defendt Esq on the behalfe of the pite. It is

      ordered that an Attachment lately made out at the pite Suit

      against the defendants Estate for the attaching of 500 l Tob: &

      Caske in mr Eltonheads hands, be reinforced and the Tobacco

      to rest in mr Eltonheads hand till a hearing the next Court

      Tho: Cornwallyes Esq plt Upon Reading of two former Orders

      Tho: Gerrard Esq defendt of respite in this Cause the first of the

      20th of January and the other of the of March last, And

      upon Some debate now had of the matter in question in the

      prsence of both parties, The Court conceiving the Same to be

      proper to be considered of by an Assembly doth Order that the

      hearing thereof be referred to the next generall Assembly to

      be held for this Province.

      Robert Taylor plte  Upon reading of an Order made in this

      Robert Brooke Esq deft f Cause the 22th of march last and of a

      Certifft upon Oath from the Comphes Wittnesses in pursuance

      of the direction of that Order, as alsoe of the defendants

      Answer now given in Whereby he referred himself to the

      Court & Jury The Court gave Direction for Impannelling a

      Jury for the Tryall. Whereupon the Sheriff Impannelled I 2

      Jurors Vizt mr Willm Bretton foreman, mr Luke Gardiner, mr

      Wm Boreman, mr WiHm Johnson, mr John Lawson, mr Tho:

      Mathews mr Wifim Edwin, mr Stanhop Roberts, mr John

      Cornelius mr Tho: Bushell, mr Wifim Smith, and mr John p. 457

      Nicholls who having their Charge given them upon Oath to

      give in a Just & true Verdict to the best of theire Skill and

      understanding upon the proofes and Evidences to be produced

      to them on both Sides in this Cause whether the hogs or Swine

      Charged by the pltes Peticon to be killed by the defendant or his

      appointmt were of the Complts Marke or not, After Some time

      of consideration thereupon gave in their Joint Verdict or