Yours receiued about Mr. Scott his busines, who I perceiue is much greived at the late proceedings in our court, in regard we put his case to a Jury, it being our course to determine such cases by the bench. Now we may if the parties agree try any accion by a Jury. The reason why we proceeded soe in this case and others, was to giue a speedy end to our court, which had held long to the greate charge and trouble of the country. the busines that held vs were of no validity or consequence, yet I was fully determined to haue ended Mr. Scotts busines my selfe, before any tryall, if John Richards had bin present, but he appeared by attourney, as Mr. Scott did Two ministers attourneyes, both Plantife and defendant did soe over value there case in there pleadings, that the bench could not presently determine the case according to mr. Jenners desire who would not stay for an end of it till the morrow morneing, the tryall being within little of night, and I had two long myles home and some aboue three, where vpon I intreated him to referr it till the next court in the meane tyme it might be otherwise ended, which he would not consent vnto, but left his papers with our recorder to see an end of the busines, the next day. now I conceiue it had bin Mr. Jenners part to haue attended the court till Sentence had bin given as well as the Comissioners attended for that busines aboue halfe a day. The truth is the over pleading the case especially by such men, from whose mouthes all men expected serious truths, (and not lawier like Cavills) which made the moale hill seeme a mountayne, and we the commissioners and magistrates, hearing such greate damages demanded on both sides thought 421it fitt to haue some tyme to debate and scan the case before wee did determine it. now our recorder motioned that there might be a Jury empanelled to end this and other triviall accions (as is before specified), to which we all consented and with vs a better attourney then Mr. Jenner, but he was loth to pleade the case, and both the foreman and all the rest of the jury heard the case pleaded. Thus haue you heard the reason of our proceedings, but I must confesse I blamed the Jury for giving such great damages; my iudgement was ever that the Plantife would recover some smale damage, all thought that Whites receipt for all the mouldes would help the defendant at the common law, but the Chauncery would releiue the Plantiff, for that the defendant hath acknowledged that he had some of the mouldes afterward, and made vse of them and our is a mixt court, consisting of chauncery and common law both.

As for a reveiwe of the case, I must desire your Counsell therein, for since I received your letter I heare that exicution is served vpon Mr. Scott his house at Cape Porpus and possession taken for Richards. I proffess, Sir, It was contrary to my knowledge for I never intended but to haue respited iudgement for a while. I confesse I haue bin very bad in my sence of hearing, but in our Court I did dilligently waite vpon all mens lipps, and I canot remember that ever a motion was made for exicution by the Plantife. And I may iustly comeplayne of some wrong don me by Mr. Gorges, who left the provinciall Seale with Mr. Gard our recorder. I beinge for the present both Chancellour and Steward Generall; that is the cause that busines passe without my knowledge, and I haue had no opportunity this winter to write to Accominticus to know the carriage of this busines. If you can advise me in any course I shall gladly embrace your advise and be thankefull for it. I know no way but that Mr. Scott must put in his bill of errors which if the court approue of he may haue a new try all. I am very vnwilling to committ any error against my neighbour, but if any be, I will endevour to amend it, knowing where iustice is equally distributed, the Repub. is happie. Thus craving pardon for my tediousnes with my best service remembred to you and yours, I rest in hast, your vnfeynedly to doe you service