Provincial Court Proceedings, 1659. 287

M^r Attorney proceedeth & sayth, That his Disciples or ffollowers
by his instigaon & Councell are the only persons, who comply not, but
breake the Lawes of this prouince & therefore desyres the Court to
proceed to Judgm^t.
And thereuppon It is Ordered, th^t according to the Act the s^d
Thurstone remaine in the Sheriffs Custody close Prisoner w^thout
bayle or mainprize for a Tweluemonth from this day, unlesse the
Gou^e & Councell shall see cause to release him sooner.
Mittimus to the Sheriffe according to the Order.

Liber
P. C. R.

Richard Smith Attorney Generall on the behalfe of the Right
hon^ble the Lord Proprietary of this Prouince Sheweth That Daniel
Hutt Master of the Barke called the May flower, not being an
Inhab^t of this Prouince, did w^thout Lycence uppon the 29^th day of
March last, att Pamaunkey, in Pascatoway Riuer, & diuers times
since w^th the Indians, Inhabitants w^thin this Prouince for Corne
unlawfully trade; & in the s^d Barke, the s^d Corne endeauo^r unlaw-
fully out of the Prouince to transport, w^thout lycence first had &
obteyned contrary to the seuerall Lawes, in th^t Case prouided. And
prayeth th^t the Court will according to the s^d seuerall Lawes agst the
s^d Hutt, & the s^d Vessell to proceed. The deft sayth th^t hee hath not
broken the Laws or Acts of this Prouince in soe trading, as is
alleaged, And if any thing was committed by him in th^t kind, was
through ignorance done, & not in contempt of the gouerm^t or Lawes
of the Prouince. And preferd' his Petⁿ to the Board to th^t effect.
Whereuppon the Wittnesses were examined.
Thomas Payne sworne in open Court, Sayth, That hee went in
the Vessell belonging to M^r Hutt up Patowmeck Riuer, to a Towne
called Pamaunkey & th^t the Indians brought Corne to the shoare
side, & the Barks company in their owne Boate fetcht itt aboard.
And th^t there were more guns in the Vessell then usually they did
carry to secure it: But knows not whither any of the s^d guns were
sold or noe: neyther saw hee any of them carryed from aboard, And
th^t hee hath scene but little powder in the Barke, Nor knoweth hee
w^th what kind of Truck, the Corne soe brought on board was pur-
chased w^th, from the Indians, (hee being neuer but once ashoare),
& that M^r Dodman & one Maphey went up the Riuer in the s^d Vessell
allso.
John Walton aged 36 yeares, or there abouts sworne & examined
sayth That Cap^t Stone, & hee this Depon^t, being up att Patowmeck,
in Patowmeck Riuer, mett there M^r Daniel Hutt w^th a Barke, & th^t
the Barks Boate was up the Creek trading w^th the Indians, & Daniel
Hutt, & Robert Maphyes tould this Depon^t, th^t they had bought
more Corne then they had yett aboard & he further declareth, th^t the
same day hee this Depon^t was buying Corne & the s^d Maphyes

p. 250
Attorney
General v
Hutt