342 court and Testamentary Business, 1653/4.

          Liber B.  Estate, But the defendt Saith he possessed himself of noe part

               of that Estate, but by a Just and Legall Course in Law before

               he knew or heard of any Conveyance thereof to the plte, and

               for Satisfaction of his Just and due debt and not by any favour

               or Connivance Now forasmuch as the Matter in question tends

               to the questioning of the power of the late Governour of Vir-

               ginia and to the reversing of a Judgmt already passed in that

               Collony concerning an Estate then in that Collony by oppos-

               ing a Conveyance made in England against that Judgmt which

               this Court conceives most proper to be disputed by the present

               Governmt of that Collony, And being not willing by Clashing

               of Contradictory Orders, or otherwise to ingender any Breach

          or Just distast betwixt the two Governments but rather by all

               faire and freindly means to preserve a Mutuall Correspond-

               ency, This Court thinks not fitt to proceed any further upon

               the hearing herein, but referreth the Complt to Seek for releife

               in the premisses, either in the Provinciall Court of the Collony

               of Virginia or in the County Court there where the Judgmt

               was Granted If he think fitt. And if the Governour of that

               Collony or Commander of the Said County Court, or the Pro-

               vinciall or County Court, there upon Sight of this Order Shall

               think fitt by any Lre or other writing to desire the Governour

               here by his Lre or other Sumons to appoint the defendt mr

               Gerrard to appeare at any Court to be (at the plantiffes

               request) appointed for the hearing of this Cause in that

               Collony, The said mr Gerrard is hereby Ordered to appeare

               thereupon accordingly, which if he refuse, Such his refusall

               will be understood as a Contempt of the Governmt here, And

               this Court will Call him to a Strict Accompt in that particular,

               And in Case of his the defendants Appearance here upon the

               Governours Said Lre or Summons if the plte Capt Cornwallis

               either fail to prosecute or that the Court there where this

               Cause Shall happen to receive a hearing Shall not think fitt to

               give the plte any reliefe in the prmisses The Court here will

               either Compell the plte to Satisfie to the defendt Such Costs

               and Charges as that Court Shall Order, or (if it be left to the

               Court here) upon the defendants Mocon will allow him Such

               Costs and Charges in that respect as Shall be fitt.

               Thomas Cornwallis Esq pite    The compltes Suite being for five

               Phillip Land & Henry ffox defts thousand four hundred fifty .and

               Seven pounds of Tobacco and Caske appearing to be due by

               a writing under the defendts hands of the 21th of July last which

               the defendants not being able to disprove It is Ordered that

               they make paymt thereof to the plantiffe and the Bill or Deed

               in writing to be Cancelled which is Cancelled accordingly.