court and Testamentary Business, 1649 50.79

        not able by his Labours to maintain himself, but is like to Liber B.

        perish in these fforreign parts, unless by this Court he may be

        relieved in the premisses, Upon the reading of which Peticon

        the Defdts Attorney in regard of the Defdts absence moved

        that the hearing of the Cause might be respited till the Defd(s

        return, or that he might receive further Instructions from him,

        and offered to be answerable to the Order upon hearing out of

        his own Estate to the Value of 10000 l Tobacco if the Defdts

        Estate in his hands Should not amount to be Sufficient for dis-

        charge of what Should happen to be recovered, It is there-

        fore upon his the Said Mr Cuthbt ffenwick's motion and offer

        aforesd Ordered, that the further hearing of this Cause be

        respited till the next Provinciall Court, to be held for this

        County of St Maries after Christmass next at the forthest, and

        then this Cause is to proceed to hearing preremptorily, but if

        the Defdts return be Sooner then till the next Court after Such

        his return, And that Mr Cuthbert ffenwick the Defdts Attorney

        Shall be lyable to Satisfie Such Order or Judgmt out of his

        own Estate to the value aforesd (in Case the Defdts Estate fall

        Short thereof, as the Court Shall grant on the plts behalf in

        this Cause, And in the meantime the plt is at liberty to examine

        what wittnesses he Shall think fit in the Seretary's Office,

        where the Defdts Attorney may Cross examine any of them if

        he thinks fitt.

        ffrancis Brookes  Upon the Motion of Mr Cuthbert ffen- p. 177

        and his wife Plts wick the Defdts Attorney the hearing of

        Cap' Willm Mitchell Deft this Cause is respited till October Court

        next, unless the Defdt return Sooner and then till the next

        Court after his return, And then the hearing to proceed prer-

        emptorily.

        Thomas Ashbrook plt The plts Suit being to have an account

        Nathanll Hunt Defdt from the Defdt of two hogsheads of To-

        bacco which the Defdt had received of the plt for Satisfaction

        of 596' Tob, and it appearing to the Court upon reading of

        the Defdts Oath taken in this Cause that he had received 46 l of

        Tobacco of the plts more then was due to him, It is therefore

        Ordered that the Defdt Shall pay unto the Complaynt the Said

        fforty Six pounds of Tobacco and Cask unless he the Said

        Defdt Shall, by the last day of this Court Shew good Cause to

        the Contrary. There is noe cause Shewed to the contrary

        thereof this being the 7th day of November 1651.

        ffrancis Brook Attorney The Complaynt as Attorney of Henry

        of Henry Morgan plt Morgan Sues to be relieved for 300 l of

        John Wade Chirurg Deft) Tobacco and Cask or more due p bill

        and the Defdt confessed he gave bill but knoweth not of what