Provincial Court Proceedings, 1666. 77

    directed unto mr Tho: Mannyng and George Peake a Certaine write- Liber FF
    ing did produce to them alleadging it to be the last will and testamt
    of the said Robert Brasseiur but the wittnesses which were inserted
    in the Comcon and brought by the said Touey Frost and Smyth to
    proue that writeing to be the last will & testamt of the sd Robt Bras-
    sieur, did sweare that they did sett theire hands as wittnesses to the
    will at the request of Capt John Cobreth but did not know whether [p. 319]
    it were the last will of Robt Brassieur or words to tht effect as may
    more at large appeare by theire depositiones now in the Custody of
    the Rigt Honble the Gouernor, soe that the said mt Thomas Mannyng
    & nit George Peake Return'd the Commcon and could doe nothing
    there anext
      Whereupon the deft as Guardian to Ron: Brassieur Junr next
    Heire to Robt Brassieur Sent did apply himselfe to the Rigt Honble
    the Gouernor and Cheife Officer for Probate of Wills and testamts, &
    did desire letters of Admcon upon the Estate of Robt Brassieur dying
    intestate which letters of Administracon the Honble the Gouernot
    upon serious deliberacon did grant to the defendt and receiued them
    in Febrary last past as by the letters of Administracon more at large
    appeares, a short time after the defendt went to the howse wherein
    Robert Brassieur dyed to performe the duty and Office of an Admr
    according to Comcon but the said Touey Frost and Smyth unjustly
    detained the Estate of the said Robt Brassieurs and in Contempt of
    the Gouernors Commcon it was demanded of the defendt if he would
    fight for it whereupon the defendt Complained to the Honble Gouernot
    who directed a warrt to the sherriffe of Caluert County to deliuer out
    of the Custody of the said Touey Frost and Smyth into the possession
    of the said defendt the Estate of the said Robt Brassieurs which ac-
    cordingly was done in part though the said Touey Frost & Smyth did
    then wthstand the Right Honble the Gouernors warrt and Commcon
     force and Armes agt the peace and Gouernmt of his Lordsps
    Prouince soe that the defendt humbly saies that the Rigt Honble the
    Gouernor his Ordt as in nothinge Erronious undue or extrajudiciall
    and ought to be reuersed upon any Petition but to stand and be in full
    force, wch the defendt prayes &c:
      After much debate in the premisses and all partyes heard on both [p. 320]
    sides It is Ordered that the said Tho: Touey Tho Frost and Thomas
    Smyth haue full possession of the lands of which they were lately
    Outed and that the same be againe to them restored

      Att a Court held att Newtowne for the County of St Marys the
    first twesday in Nouember 1665
    Prsent Coll Wm Euans Escp Councellor
       Mt Tho: Dent    Leiutt Coll: John Jarboe
       Capt Luke Gardner     Capt Wm Boarman
                                               Commrs
       Mr Wm Bretton   Mt Randolph Hanson
       Mt Nico Young   Mt William Rosewell