434 Proceedings of the Council of Maryland, 1660-1661. Liber H. H.At a Councell held at the Gouernors howse the 11th of October 1661 Present Philip Calvert Esqr Couernor Henry Coursey Secrr mr Robert Clarke Mr Baker Brooke Mr Ed. LLoyd mr John Bateman Vpon the mocon of John Bouge and William Mills Guardi ans to the children of Cuthbert Fenwicke deceased to haue a writt of Particon of the land by the last will and testamt of the said Cuthbert to his sonns Cuthbert, Jgnacius Robert Richard and John Fenwicke deuised according to the tenor and pur p. 120 porte of the said will now proved and vpon Record, shewing vnto the board that unles such partition be speedily made that every one knowing his parte may improue itt, the children will inevitably be undone by permitting the houseing and plantacon now already cleared and built runne to ruine Ordered. That a writt of particon issue to the Sherriffe of Calvert County to see particon made by a Jury of twelue men of the neighbourhood according to the tenor and purporte of the will (vizt) that they lay out unto Cuthbert ffenwicke one hundd acres next unto St Cuthberts Creeke and that afterwards they diuide all the remayndr of st Cuthberts Mannor (excepting that parcell lying Westward of the Deepe branch of St Cuth berts Neck by the said will Deuised unto Jane Fenwicke) into flue parts of equall vallue haueing regard to the Goodnes of the land not the number of acres And that then they first give unto Cuthbert Fenwicke his Share next adjoyning to his land vpon St Cuthberts Creeke and afterwards that they permitt the other brothers to chuse by lotts their Shares soe divided as aforesaid the eldest of them chuseing first and soe the next in seniority till every one haue his parte