Provincial Court Proceedings, 1661. 561

and hath since the first Seateing of this Province under the. Right
hono^ble Cascilius Lord Baltemore absolute Lord and Proprietary
thereof (as he is most credibly informed) ever Compassionated
protected and defended Orphans and Widdowes in all their just dues
and demands
But haueing perused & read the def^ts answere to his said bill,
wherein he declareth how that he is of the same opinion with the
Comprt as touching the s^d Orphan being very much Injured and
wronged in his Estate Endeauouring with all to cast the whole
cause thereof on the feoffees Sheltring himselfe much on divers
passages and words of one of the feoffees M^r James Langworth dec^d
who had .... without the Comprts privity and Consent, Further he
Sheweth that the def^t demanded one .... halfe of the purchase of the
Feoffees as unsattisfyed, Soe that itt seemes one halfe was payd by
Greenwell which needed not, when as the def^t in his answere sayth
that the purchase was to be payd and sattisfyed att three seuall
paym^ts which the Comprt never understood before neither ought the
feoffees pay that remaynder before any other lawfull Signed bill,
if they sawe cause to doe otherwise for the Orphans benefitt, neither
could the def^t reenter on that plantacon without course att Lawe,
and that by an Extent only, which he mought haue libty thereby to
haue done, further as to his proffer to keepe & mayntayne the s^d
Orphan, as well as his owne Children the Comprt is altogether
ignorant of such proffer, yett if such were he much doubteth whether
or noe itt was in his power to performe without his wifes good like-
ing & consent thereto
As to the def^ts first answere touching the Land the Comprt hath
already spoken, what he understands in that busines, And those
psons in whose p^rsence the def^t declareth Reposson to be given, as
W^m Thompson not long before his death did declare, and M^r Walter
Hall likewise That they knowe of noe such Passage euer being in
their p^rsence. As to his second concerning acc^ts the def^t formerly

Liber
P. C. R.
p. 1073

.... first sattisfyed for and now .... cannot answere for himselfe
whereupon the Compit doth verily beleiue that that 1000^lb tobacco
was payd on the Acc^o towards the Purchase for the def⁽ doth noe
where in his answere punctually relate and declare how much itt was
that John Greenwell payd him in his life tyme principally to that End
As to the third Concerning the deeds The Compit sayth that he
tould the def^t that itt did not lye in the feoffees power to sell the
Orphans land, And therefore required him to take the benefitt of his
Condicon by an Extent if he had power soe to doe, As to the fifth
To whome and for how much &c. The Compit sayth that this was
first rated and solde by the def^t to Greenwell for Eight thousand
pounds of tobacco, besides the building erected by Greenwell on the
same in his life tyme which will Amounte to neare 2000^lb more, Now
that 2000^lb tob. for building and the just Sume payd by Greenwell to

36

p. 1074