Assembly Proceedings, September 1664. 521

Mr Walter Hall sworne and Examined likewise in open Court
sayth that after Ellinor Spinke was sworne the doctor gaue
this depon^t two dep^ns the one being Ellinor Spinks & bad me
Record them & be carefull of them for he would proue them
false and malitious and made noe double but to gett vnder the
L^d Chancellors hand of England to punish such malitious per-
sons as those were and further sayth not
Sherriff returnes his writt and warned

U. H.
Journal
1659-69

Foreman

W^m Calvert Esq^r

Patrick fforrest
Thomas Hussey
Rob^t Feyton
Peter Watts
W^m Robinson

James Lindsey
Dan: Clocker
John Lumbroza
Tho: Hatton
Geo. Thompson
Rich. Dod.

The Jurors Charge given is this vizt

Whether doctor Luke Barber accuseing Ellino^r Spinke in
saying her oathe was false and malicious those words were

spoken by him afore or after she had taken her oathe, if spoken
before to finde for the def^t if after to finde for the pit with
costs and damages.

After long debate the Jurors came into Co^rs and demand
30^ll tobacco p head as was allowed that former Jury inter John
Abington plt and Jerome White def^t which was allowed and
Granted by the board

Then they deliver in their verdict as followeth (vizt)

The Jury doth award vnto the pit for dammages thirty
thousand pounds of Tobacco and Caske with Costs & Charges
of suite
And the Court ordered the verdict
be Entred for the Judgem^t

True Coppy Ex^d by the Clk of the Pro^all Court and the Clk
of the vpper howse of Assembly before me
Signed Philip Calvert Chancellor

Luke Barber plt The plt & def^t appeareing att the tyme
Henry Spinke appoynted & the transcript of the Record of
def^t ) the process and Judgem^t ag^t Barber being
brought into the howse of Assembly the pit proceeded to
assigne & make good the errors and first was read the first
Error (vizt)
First the Writt and the declaracon doth differ & this is Error
Termes de la ley.
The Record sayth Henry Spinke & Ellinor his wife demands
writt ag^t Luke Barber accon Case vpon defamacon

P. 207