152     Court and Testamentary Business, 1642.

 Liber P. R.  enemies of the province wch were then expected to assault it,

                    the privity, & vpon the motion & advise of him the said

                   Giles Brent; the manage & command of wch expedition for the

                   greatest part of it was committed & entrusted to him the said

                   Giles Brent, by order of the Leiutent Grall & by him voluntarily

                   accepted & vndertaken; Neverthelesse he the said Giles Brent,

                   afterward, of some private disgusts agst the Leiutent Grall, or

                   of other secrett reasons, of his owne discretion, & by his

                   default did not vse & exequute the Commission given to him

                   in that behalfe, & thereby suffered the whole enterprise to fall

                   to the ground to the overthrow of all the hopes & charges

                   of that designe, wherin the honor & safety of his Lops colony

                   was highly concerned, and to the damage of his colony in six

                   thousand Wt of tobacco & vpwards: besides the losse &

                   hindrance of pticular persons. And this he is ready to averre.

                   And for this he bringeth his suit.

                    26. attach any the come or tobacc of John nevill, to shew

                   cause why iudgemt should not be given agst him vpon his

                   acknowledgemt of 816 l tob due to John hollis sometime before

                   the first of february next, vpon pill of iudgemt retorn Eod.

                   to sheriff S. mar

                p. 56 28 Cutbert ffennick gent demandeth of John Prettiman

                   six hundred wt of tob for satisfaction of a trespasse in killing

                   steere calfe of the plfs

                    summons to warne the deft to answere on friday next, on

                   pill of iudgemt in absence.

                   mr Brent's answere Eod: The said Giles Brent reserving to him-

                   to the civill bill      .                . —

                             selfe power in due time to make those allegaons

                   & plees wth he hath whereby to prove that he is wrongfully and

                   without ground chargd with all or ought whatsoever wch casts

                   aspersion of default vpon him conteind in the said bill, saith for

                   present answere that by his not exequuting the said Commission

                   the omission of which he is chargd with in the said bill (which

                   omission (made so as it was) he is like wise ready to iustifie to

                   have beene made in all respects rightfully and warrantably, the

                   said colony is not endamaged the somme of tobacco charged

                   in the said bill, and for triall hereof he putteth himselfe vpon

                   his country.

                                                    Giles Brent

                    And the said John Lewgen saith that by the said Giles Brent

                   his default in not exequuting the said Commission the said

                   colony is indamaged the somme of six thousand pounds of tob

                   & this he is ready to averre & prove, as the Court shall think

                   fitt.                           John Lewger