530     Court and Testamentary Business, 1649.

            Liber A.    Beniamin Gill plte The pltes suite being for to haue the

                  Gabriell Odgers deft possion of Mr Neales House and Plantacon

                  wth the defendt vniustly deteines from him as hee alleadgeth.

                  Mr Richard Browne Attorney for the deft saith the deft is will

                  ing to deliver vpp the possion thereof to the plte at Christmas

                  next, onely desires leave to continue there till then for his

                  better conveniency of removeing wch the plte assenting vnto

                  It is therevppon ordered that the defendant shall at Christmas

                  next deliver vpp vnto the Plaintiffe the possession of the House

                  and land in question.

                  Elias Beach plte     The Complte sueth to bee releived against

                  Henry Adams deft the deft in an Accon of trespasse for taking

                  away his Boate from his landing place without Leave or licence

                  and contrary to his appointrnt and making vse thereof to the

                  pltes damage of 500 l of Tob: To the defendt confesseth the

                  taking away of the Boate, but saith the plte was nothing

                  damnified thereby, for that hee did but directly crosse the

                  Creeke there with and imediately returned it againe to the place

                  from whence bee tooke it. And that bee conceived bee had

                  the pltes leave therevnto, ffor demanding a passage the plte

                  tould the deft bee would Willingly give him passage, but hee

                  thought his Boate was Leaky and would not swimme. And

                  the pltes Attorney not being able to prove any dammage desires

                  respite till the next Court that bee might bee farther instructed

                  for that purpose But the defendt craveth Justice. Where

                  vppon after long debate Thomas Greene Esqr the prsent Gov

                  ernor declareth as followeth That the defendt ought to bee

                  dismissed without day for that the plte was not able to make

                  proofe of any the least part of the prtended damages And

                  further declareth also that the Cause ought not to bee respited,

            p. 307 for that the defendt lyeing vnder Arrest these six monethes

                  vppon this onely Cause, and the parties by whom the plte

                  should prove his prtended damage as is alleadged are and haue

                  beene still living within one Mile of the plte and within 2 miles

                  of the Office and the Court, without ever having them sumoned

                  therevnto as hee ought to haue done, and therevppon conceives

                  it to bee a meer delay of Justice if such respite should bee

                  admitted or granted And also for that the pltes Attorney

                  declared openly in Court that the plte himself had never

                  pceeded in this Cause against the defendt had hee not beene

                  enticed & Counselled therevnto by some ill Neighbors about

                  him And that withall the Reference desired was soe desired

                  by the plte onely that the Cause might bee tryed by another

                  Judge, as by oath of the pltes Attorney doth appeare Which

                  to admitt of will not onely bee a wilfull delay of Justice but also

                  secretly to adrnitt a corrupcdn in the prsent Judge much to the