Assembly Proceedings, Sept. — Oct. 1663. 465

waved the Judgem^t of this Hono^ble Bench to whome itt solely
and properly belonged to take Cognizance of what is lawe or
Equity And Crave a Jury to whome by the lawes of Eng-
land and Maryland itt belongs to take Cognizance only of
matters of fact, And Consequently the Jndent^r being proved
or Confest must haue found for the def^t for were the legallity
or equity of Bonds or Covenants when proved or Confest to
be decided by a weake and Jgnorant Jury, The" Complt vnder
a favorable Correccon humbly offers itt to the judicious con-
sideracon of this Courte what need would there be of Lawyers
to dispute doubtfull Cases nor of learned judges to determine
them but only to sitt as Cyphers to confirme ignorant and ille-
gall verdicts And whereas there is noe other Wittnes p duced
by the s^d Nicholls to prove his false suggestions but the fore-
said Edward West whose misdemeano^rs towards the Complt
when he was last in this Province is soe notorious that itt neede
not be repeated though vpon his humble submission Jt was for-
giuen him by the Complt whose Serv^t he had been that he also
Hues in the s^d Nicholls his howse. And as the Complt is in-

U. H.
Journal
1659-69

formed had a designe to marry his s^d daughter, In Considera-
con of all which p^rmisses with the illegality of the Verdict
wherein the Complt without ever being heard or any Wittnes
in his behalfe Examined is asperst vpon Record with fraud and
deceit, which he abhorrs, And is in his Conscience altogether
Jnnocent haueing att that tyme as is well knowne neere twenty
Servants to mayntayne And had noe need of soe vseles a Ser-
vant to increase his charge but only in charity to the s^d Child
& her father who in 3 yeares tyme never challenged any such
promise as he now suggests of the Comply nor att his last
being in Maryland ever complayned to him of her imploym^t
or keepeing which was yett noe other then as one of his Ordi-
nary Mayd serv^ts as doubtles he would haue done had there
been truth in the oathe or allegacon made in his absence to this
hono^ble Court. To whome in parliam^t. or Chancery by the lawes
Customes & usages of Engld and this Province itt belongs to
releive the jnjured ag^t Surreptitious judgm^ts nothing being
more Comon in this nacon then reversing of Judgmts vpon
writts of Error in the equity or legallity of the proceedings
which being Evident in the fores^d verdict he humbly prayes itt
may be vacanted & the ord^r thereupon Reversed, whereby yo^r
pet^r may haue his Reputacon vindicated, The Servant or sattis-
faccon for her tyme restored to the R^t Owno^r The abused
serv^ts and Apprentices of this Province righted, by all which if
the s^d Nicholls or any other pson finde themselves aggreived
the Complt is ready to answere any Bill that shall be Exhibited
legally ag^t him, Provided he haue notice & sufficient tyme
given him for itt. And will putt in sufficient security to stand to

p. 165