( 46 )       7ber 15^th 1692
 
Ordered  by this Court that what accons are on Dockett depending, wherein Dr
John Vigerous is Concerned in may be Continued till next Court y^t Dr. being sent for to visit y^e sick
 
Their Maties                                                                          To shew Cause why he did not p^rforme Ord^r
Contra              }                                 of Court, Concerning the Orphants of m^r. Jn^o. White
Lawrence: Crawford                                     The sd Crawford appearing. desired the Court that
~      ~        ~       ~        ~                                 these following Causes to be recorded.  viz ____
Whereas I Lawrence: Crawford being Sumoned to Court to shew Cause (if any) wherefore y^e
Order of Court past in June 1691: Concerning the Orphants of Jn^o. White was not p^rformed
            In answer thereof humbly Sheweth the following Causes . _____________   - - - - - -
Item   I give my due Share of this Swamp for the use & benefitt of all my Children (this is
the Clause in m^r John: Whites Will.  The clause in Co^ll. Stevens Will Confirms this, & is, to
Sarah: White Widdow.  I confirme y^e Plantacon she now lives on dureing her natural life, &
after  her decease to her Sonn. Stevens: White & his &ca. for ever: according to his ffathers ___
desire expressed in his last will & Testam^t. And also Two hundred acres of Swamp lying next James
Hendersons, to all my Brother Jn^o. Whites Children. & their &ca. in Common . ___________
Imprimus C   Sarah: White Widdow is Ext^rix to the Will of John: White, & Guardian to all y^e
Children. So that tis Surmized, She being Execctrix cannot be called to an acco^t. by any writt
of waste till all the Children be at full age, Because they are all &ca in Comon _____
2ndly It must & may be judged, that Sarah: White now Crawford, there being no Exceptions nor
- - -eat to the Contrary but Whites guift & deed being ratefied & Confirmed by Co^ll. Stevens B
with her thirds in the 200: Acres of Swamp dureing her life, And So not lyable to any waste by
her own lawfull act, for there is no p^rticuler Pattent for the Land She the Said Sarah lives on
Yett her third is Confirmed (in posse) by Co^ll. Stevens Will C     Quere whether y^e King
(can) Comence Suit in y^e behalf of William: White y^e Court of Ward & Liveries being out of doors
And m^r White in his last will gives Sarah his wife a third part of all his real & personall C
estate, Con^ll Stevens Confirms it in his will. vide before, The 200: Acres of Swamp cannot neither
be devided till all Come at age. So Wm: White Neither by him Self nor Guardian can Comence Suit
because he can have as yett no perticuler damage. & he cannot Sue in y^e behalfe of the Other C
Children, without Consent of their Guardian C   Lastly it is not unknown to y^r worp^s. that titles
of Land, are above the Jurisdiction of this Court for Instance Jn^o. Kellam agt Hodgson & m^r James
Round agt Rob^t. Howard & also vide y^r Comissions                                 Lawrence Crawford . _________