Court and Testamentary Business, 1649 50.57

       give him Costs & charges against the plte and dismisse the Liber A,

       suite. Wherevpon the Complte produced the deposicons

       of the said vincent Atkinson and Edward Philpott taken in

       open Court and being as followeth viz.

         The 11th of ffebr 1650. Vincent Atkinson aged about 20ty

       yeares deposeth as followeth viz That hee the said Vincent

       Atkinson did serue Mr Brooke of de le Brooke the full terme

       of three monethes vppon the Accompt of Levin Bufkin Esqr

       And this depont farther saith that by the direccon of Mrs

       Brooke this depont and three of the said Mr Brookes his ser-

       vants went into the Woods to kill Venison or other provisions

       in respect of the prsent want in Mr Brookes his ifamily,

       and that this deponent had a Gunne delivered him by Mr

       Brooke for that purpose, and powder and shott delivered him

       by his the said Mr Brookes sonne, and that this depont and the

       rest with him lost themselues in the woods and came downe to

       St Maries where this depont was sicke, but was not in all that

       time entertayned by any of his Maisters servants or Mr Bufkin

       or any for him And with the first opportunity this depot with

       Mr Brookes his servants returned to the said Mr Brookes his

       House. And further deposeth not.

          11th of ffebr 1650. Edward Philpott aged about 49 yeares

       deposeth as followeth viz. ‘That he the said Edward Philpott

       did serve Mr Brooke of de le Brooke the full terme of three

       monethes uppon the Accompt of Levin Bufkin Esqr and further

       deposeth not.

         Vppon the reading of wch deposicons and of the compltes

       Lre to the deft of the 9th of November last and of Capt Mitchells

       note to the said Philpott & Vincent dated the 25th of the same p. 387

       moneth both menconed in the defts Answere It was thought

       fitt to referr the Tryall of this Cause to a Jury. ffor wch purpose

       the Sheriffe impannelled Mr Cuthbert ffenwick Mr Richard

       Hoskins Mr Edward Wormell Mr Thomas Mathewes Mr Phillipp

       Land Mr ffrancis Brookes Mr John Hatch Stephen Salmon

       John Buttery Edward Scurfield Willm Johnson and Luke

       Gardiner. who made choise of the said Mr ffenwick for theire

       fforeman, and had in charge given them vpon oath to consider

       of the pltes demand and the defts Answere and of all the before

       menconed and all other evidences heard on both sides, and

       therevppon to examine what time the said two servants did

       contynue in the defts service and what alloweance the Compite

       ought to haue for the same, and thereof to give in theire Ver-

       dict. Which after some time spent therein they did accordingly

       being as followeth viz. The Jury findes for the plaintiffe

       according to his Condicon which is ffifteene Hundred and

       Sixty pounds of Tobacco and Caske. It is therefore ordered

       according to the said Juries Verdict that the defendt shall forth-