514 Assembly Proceedings, September 1664.

U. H.
Journal
1659-69

nothing but a discharge vpon Record of the same Court can
be admitted & yett the pits bill was dismist vpon a bare Aver-
ment of a few wittnesses.
2^dly In the Court of Chancery the Chancellor being the
Cheife & only Judge according to the lawe & Custome of Eng-
land the pits bill was notw^thstanding dismist Contrary to the
opinion of the Chancellor.

p. 197

3^dly The order of dismission was granted vpon a false and
feigned surmise & the Court therein surprised for whereas in
the s^d Evidence itt is surmised that the s^d Recognizance before
the Lord Baltemore was in lieu of the Ad^cm of Justineau
Snowes estate in Maryland Jtt is apparent by the date of the
s^d Letters of Ad^con & Quietus Est thereupon Granted Com-
pared with the Recognizance afores^d that the Recognizance
was entred into many moneths after the date of the Quietus
Est & th^t itt was in security for divers sumes of money due
from the s^d Thomas Gerrard vnto Abel Snowe as well vpon the
purchase of the whole Estate of the s^d Abell here in Maryland
as for money by him the s^d Thomas Gerrard borrowed of Abell
Snowe for the setting forth of him the s^d Thomas Gerrard
vpon his voyage into this Province of Maryland never as yett
sattisfyed by the s^d Thomas Gerrard
signed Marmaduke Snowe

Whereupon a writt ad audiendum Errores was granted &
issued out ag^t the s^d Thomas Gerrard ret. the seventeenth
instant & this order following written vnderneath the s^d writt
(vizt).

Ordered that the Sherriff readeing this writt & leaueing this
order & a Coppy of the writt att the howse of Thomas Ger-
rard shall be sufficient notice to the s^d Thomas Gerrard
John Gittings Clre.

The howse ajourned till two of the
Clock in the Afternoone

The howse mett againe

When was calld Doctor Luke Barber & Henry Spinke when
itt was moved by Henry Spinke his Attorney W^m Calvert Esq^r
that they might have a Coppy of the whole proceedings tran-

p. 198

scribed ag^t to morrow morning wherefore Jtt is Ordered that
a Coppy of the whole proceedings betweene Henry Spinke Et
ux pits and doctor Barber def^t be transcribed by to morrow
morning 9 of the Clock att which tyme the Cause is to be
heard