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Provincial Court Land Records, 1676-1700
Volume 717, Page 148   View pdf image
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139)  148

                        And hereupon came as well the ^said^ William Planner by Christopher Rousby
                        his attorney as the said Amos Parsons by Robert Ridgely his Attorney
                        and the said William Planner by his said Attorney sayth That in the
                        Record and proces aforesaid as also in the Rendring Judgment aforesaid
                        itt is manifestly Erronious

First In this that itt is said in the said Record that William Planner as Attorney of Matthew
       Nelson was sumoned to answere unto Amos Parsons in a plea of trespas upon the Case
       Whereas noe plea of Trespas or any other accon well legally hold against any person
       as being the Attorney of another man but the accon should have been brought against
       Matthew Nelson himselfe and his Attorney ough to have been Less att Libertie
       whether hee would have appeared to Defend the same accon year or noe and ought not
       to bee arrested or restrayned of his Liberty for his Imployers debt or trespasse

Secondly  Itt is Erronious in this that the plant is admitted as itt appears by the sid Record to sweare
       and give Evidence in his owne Cause w.ch is not warranted by Law Especially as this
       Case stands

Thirdly  Itt is Erronious in this that there is noe Issue Joyned Between the parties plantiffe
       and Defendant Whereupon the Court could proceed to tryall and Judgment

Fourthly  Itt is Erronious in this that there is noe Jury Impannelled to try y.e matter of Fact
       wch does proply and Legally belong to th Cognizance of a Jury

Fifthly  There is noe mutuall consent of the parties appears by the said Transcript
       of the Record that they did putt themselves upon the Judgment of the Court w.thout
       a Jury Voluntarily and w.thout such consent Itt is manifest Error for the
       Court to take such power upon themselves

Sixthly  Lastly Itt is Erronious in this that for the supposed wrong Doeing of Matthew Nelson
       Judgment is given against William Planner to pay tot he plantiffe or his order three
       hundred and seaven pounds of Tobacco and three hundred and thirteen pounds of
       tobacco for Costs of suite & thereupon the said William Planner saith that in the
       Record and proces aforesaid as alsoe in the Rendring of Judgment aforesaid Itt is
       manifestly Erronious in the seaverall points before alleadged And therefore prayeth
       that for the Erro.rs before assigned the aforesaid proces proceedings & Judgment may bee
       wholly reversed Adnulled and held for nought And that hee the said William may
       in all things bee restored wherein hee hath suffered by reason of the p.rmisses and
       that the said Amos Parsons to the Erro.rs aforesaid may answere What Record proces
       and Erro.rs aforesaid being read and heard the said Amos Parsons by his said Attorney
       prayeth Lycence to imparle thereupon untill next provinciall Court and it is granted     
       unto him the same day is given to the said William Planner Likewise

       Now here att this day (to witt) the thirteenth day of October in the fourth yeare of the dominion
       of Charles Lord Baltemore &c Annoq Domini One thousand six hundred seaventy nine Came the
       said parties by theire attorneys aforesaid and the said Amos Parsons by Robert Ridgely
       his Attorney demanded hearing of the Record and proces aforesaid and also of the Errors
       aforesaid above by the said William Planner assigned & they are read unto him wch being
       Read and heard the said Amos Parsons sayth that in the Record and proces aforesaid &
       in the Rendring of Judgment as aforesaid it is in nothing Erred and prayeth that the
       aforesaid Justices doe proceed as well to the Examination of the Record and proces
       as to the aforesaid Matters for Erro.rs assigned by the said William Planner And the
       said William Planner also
      
       And hereupon the Record and proces aforesaid to the Rendring the Judgm.t thereupon
                                                                                                                                  (&c)


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Provincial Court Land Records, 1676-1700
Volume 717, Page 148   View pdf image
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