388Court and Testamentary Business, 1654.

        Liber B.   for Satisfaction upon his Accompt now produced viz, for 2000 l

              of Tob: & Caske which he was adjudged to pay to mr ffenwicke

              by Order of the Second of March last for Capt Mitchells debt

              being his Attorney, And William Johnson Capt Mitchells now

              Attorny not objecting against the plantiffes Accompt the Court

              thinks fitt to allow thereof, as also upon his Motion now Made

              to allow him 300' of Tob: & Caske for his pains in Managing

              the sd Capt Mitchells busieness as his Attorney Since his de-

              parture being in the whole pounds of Tobacco and

              Caske for present paymt whereof together with Court Charges,

              the Court thought fitt to pass an Order, But upon the Said

              William Johnsons and Luke Gardiner's Ingaging themselves

              and their Estate for the Satisfaction of the Said Debt and

              Charges of Court in Case the paymt thereof might be respited

              till November next, It is with the pltes Consent Ordered and

              adjudged that the Said Capt Mitchell, William Johnson or

              Luke Gardiner Shall Satisfie and pay unto the Said Cornplt

              for the Said pounds of Tobacco and Caske together

              with Court Charges by the tenth of November next or in de-

              fault thereof Execution is then to passe for the Same upon this

              Order against them or any of them, their or any of their

              Estates.

                Henry ffox this day at William Johnsons Motion in open

              Court Layeth down and disclaimeth all power and Authority

              granted to him by Vertue of Capt Mitchells Lre of Attorney to

              him made or Given

                 Upon reading of an Order of the

              mr ffrancis Brookes pite

              Capt Willm Mitchell by Willm  28th of April last made in this Cause

              Johnson his Attorney deft     and of another order of the of June

               et e Contra

              last, he plte Brookes his Suit appear

              ing thereby to be for 14 l money Sterling and 780 l Tob: & Caske

              upon Accornpt with Damages, And the Said Brookes now

              produceing two Depositions of John Wildman Esq and Eliza-

              beth Bolton taken in England for proofe of the Agreemt

              betwixt Cap' Mitchell and the late wife of the Said Brookes

              upon her Voyage hither the 14 l Sterling appearing thereby to

              be Justly due, and upon reading the Deposition of Susan War-

              ren upon Record touching the Said Accompt It appearing

              thereby that Cap' Mitchell had divers of the particulars Men-

              coned in the Same Accompt upon promise of Satisfaction and

              that he Injuriously detayned the Said Brookes his Late wiles

          p. 603   Trunck, and keys from her, hereupon and for that it Evidently

              appeares to the Court that the Said Capt Mitchell did Sell to

              the Said Brookes his late wife as an Indenture Servant without

              any right or Title Soe to doe, It is now Ordered that the Complt