510 Assembly Proceedings, September 1664.

U. H.
Journal
1659-69
p. 192

3^dly And more Cheifely even in the substantiall forme of my
Adversarys declaracon itt is most Erroneous he not Chargeing
me att all therein to have spoken the words either false or
malitiose when he ought to have done itt with both or noe

Action can lye & this is Error as fol. 47 Trin 7 Car. B. R &

fo. 24
4^thly The matter of Lawe was never as yett Concluded on
either before or after the Verdict of the Jury by which itt might
appeare whether the words were Actionable or noe yo^r pet'
then & still humbly Conceiving they were nor are not & in his
answere mentioned as much & left itt wholy vpon the Court
desiring them to judge the matter of lawe as in the sd Answere
vpon Record doth more att large appeare & this he humbly
Conceives is Error
5^ly ffor a Jury to give dammages beyond the Capacity or
possibility of the pits being dampnifyed more then in Estate
Creditt or otherwise he was ever worth the birth Educacons &
Estate of my Adversarys being sufficiently obvious; yo^r pet
also humbly Conceives is Error
6V And lastly there is palpable Error in the Jury for giving
any damages att all when my Adversary never named any for
he ought to have named his dammages & indeed haue proved
them for folio 339 Co: 10-113. 13. H. 7. 16 sayth plainly A
man shall never recover more dammages then he doth declare
for in his declaracon
L. Barbier

Fiat Justitia
Charles Calvert
Wherevpon issued this writt as followeth
Caecilius &c To the Sherriff of S^t Marys County Greeting
because in the Record & process and giving of judgem^t in a
plea that was depending Betweene Henry Spinke and Ellenor
his wife pits. & Luke Barbier defd^t in tryall of an action vpon
their case for defamacon and Slaunder w^ch was sumoned before
our Governor & Councell in our Pro^ch Court the ninth of ffeb-
ruary 1663 as is sayd Error manifest hath intervened to the

p. 193

greate damage of the afores^d Luke as from his plea wee haue
rec^d Wee the Error in due manner to be Corrected & To the
partys afores^d full & speedy Justice to be done willing in this
parte Comand yo^u that by good & lawfull men of yo^r County
yo^u make knowne to the s^d Henry Spinke & Ellinor his wife
who recovered ag^t the s^d Luke Barbier that they be before us
at our Assembly held att S^t Marys on Thursday 15^th of Sep-
tember next to heare the Record & process afores^d soe had
as also the Errors which the aforesaid Luke in this parte to
assigne & alledge shall happen & further to doe & receive