Provincial Court Proceedings, 1661. 449

Thomas Burdett at the Suite of Thomas Trueman, another to Sum-
ons Henry Coursey to testefye on the behalfe of John Bateman in a
cause depending Betweene the said Bateman and Bagby .... Brookes

Liber
P. C. R.

to testefye on the behalfe .... And whether by the said Fendall or
not, he answered they were, And the said Examinat being further
shewed a certaine pretended order of Councell held at Thomas
Gerrards 1660 and a proclamacon thereupon of the same date were
written by him and Signed by the said Fendall respectiuely he
answered they were And further sayth that there being thirty Six
men in Armes in the feild before Captaine Fendalls howse was
desired by that party of men to drawe a peticon to the Governor that
they were Subjects to the King of England And if they comitted
what was not fitt that they should be tryed by the Lawes of England
which peticon this Examinat did drawe but being asked where is that
peticon he answered he doth not knowe.
Philip Caluert Robert Clarke Baker Brooke

The Examinacon of John Hatton Servant to Josias Fendall aged
forty yeares or thereabouts being duely Sworne and Examined
before the hono^ble the Gouernor Philip Caluert Esq^r Henry Coursey
Secret^cy Robert Clarke. Baker Brooks and John Bateman Esq^rs
of his Lo^ps Councell the 18^th day of February 1660
Sayth that he heard his said Master Josias Fendall say that on
Monday the fourth of this instant February he was at the howse of
Robert Hunley that upon Sattirday the ninth day of February he
sawe Captaine John Jenkins with aboute 40 men at the howse of
Josias Fendall where the said Jenkins desired the said men to drawe
out in two single fyles they being then all Armed to march downe to
the p^esent Gouernor, but for what purpose this depon^t knoweth not
And further sayth that Hugh Neile and William Heard with others
of the said Company whose names he knowes not went to a boate and
this depon^t heard went to the East side of Wiccocomaco Riuer but
sudainly after retourned back againe and further sayth that he
knowes Hugh Neile did ride on Captaine Fendalls horse to Porto-
back but to what purpose he knowes not And further sayth not
Jur. coram nobis Philip Caluert Henry Coursey Robert Clarke
Baker Brooke

P. 454

The Examinacon of John Balth Servant to Cap^t Fendall aged
thirty yeares or thereabouts said Captaine Fendalls howse being on
Sunday the third day of February his said Master did ride abroad
but whither knowes not And vpon Fryday following aboute Eight in
the morning Captaine John Jenkins with aboute thirty men all armed
came to the said Fendalls howse and he then sawe them drawe out
into two single fyles but whether it was Captaine Jenkins or Hugh
Neile comanded them he knowes not, but he rather thinkes it was

29

P. 455