338        Provincial Court Proceedings, 1668.

       Liber FF   peruse the said petition and the papers thereunto annexed and in-
              forme himselfe of all the particulars therein conteined and make
              report thereof unto his LOpp with his Opinion touching the same and
              what is thereupon fitt to be directed
         February xviiith MDClxvii:   \\Tilliam Talbot, by his Lopps Comand.

              May it please yr Lordp.

                In Obedience to yt Lordshipps OrdT of the eightenth of this instant
              February I haue perused the within written Petition together with
              the severall papers thereunto annexed and have informed my selfe
              so farr as I cann of all the particulars conteined therein, And as to
              the said particulars I find.
                1o That the petr did imploy the within named John Bateman as
              his Factor or Agent as in the petition is suggested.
                2o That the said Bateman did purchase lands in yr Lopps prov-
              ince of Maryland with the proper monyes of the petr.
                3o That the said Bateman dyed seized of the said Lands and like--
              wise dyed possessed of divers great summes of monyes belonging to
              the petr and with seüll effects purchased with the petrs monyes. But
              what certaine sume or summes of monyes the petr intrusted his said
              Factor or what was paid for the purchase of the said lands or how
              the Conveyances of the same were taken, or of what summes of
              monies or effects the said Bateman died so possessed are particulars
              Only proper to come in proof in yr Lopps Court of yr said province
              when the petr shall apply there to be releived.
                4o That the Other particulars mentioned in the petition are proved
              by the papers annext to the petition.
                Upon all which so farr forth as concerneth the title of the said
              lands purchased And the petrs estate in the hands of the said Bateman
              at his death and the proceedings which have been in yr LOpps pro-
              vinciall Court of yr said province in relation to the premisses so
              farr as they are certified in the papers annext as aforesaid I humbly
              Offer my Opinion unto yr Lopp as followeth.
                First I humbly conceive That if the Conveyances of the Lands
              purchased by Bateman with the petitioners monies were taken in
              the name of Bateman Only then the estate thereby conveyed to Bate-
              man was meerely in trust for the petr and his heirs and ought in equity
              by the said Court (which Court I take to have cognizance of matters
              of equity as well as matters of Law) to he decreed to the petitioner
       [p. 638]   and his heirs accordingly when the matters of fact shall appeare unto
              the said Court, my Reasons are 1o Because this is the Constant and
              Knowne rules of equity in all Our Courts of equity in England 2o
              And this ought much more to be a Rule of equity in yr Lopps said
              province for the secureing and encourageing of trade For if a Factor
              shall be allowed to dispose of his masters estate there in the purchace-
              ing of lands there And that there be no way by Law or equity to