522 Assembly Proceedings, September 1664.

U. H.

Journal
1659-69

Warr^t to the Sherriff of S^t Marys County to arrest &c Ret.
next Pro^al1 Court 8^th Sep^t next (ut supra)
And a little belowe
To the Right hono^ble the Lord Leiutenn^t
& Councell of the Province of Maryland
The humble petⁿ of Henry Spinke
Sheweth &c which was in the declaracon putt in by Spinke
The def^t Spinke alleadged that the difference betweene the
writt and declaracon is not error because itt was only matter of
forme & for th^t alleadged the lawe of the County but could
not produce any lawe of the Country to prove his Allegacon.
The pit replyes itt is matter of Substance and not of forme
only & therefore Error.

And the vote of the howse nemine Contradicente was that
the error was substantiall & not in forme of the declaracon
only and therefore Vote the Judgem^t Erroneous & that they
both pay their owne Charge

M^r Jerome White p^rsent

Then was taken into Consideracon the Articles of peace with
the Sasquesahanough Indians dated fift of July 1652
Vpon readeing of which Articles made with the Sasquesa-
hanough Indians as also the Articles made 21^th May 1661 the
howse thought fitt to Communicate the s^d Articles with the
lower howse to desire them to Consider,
ffirst which way these Articles should be made good to the
Sasquesahanoughs And Secondly the danger that may arise
from the breach or delay of the performances of the s^d Articles
Ordered th^t the s^d Articles be sent to the lower howse to
desire their answere to these two questions & if they thinke
fitt to haue a Conference ab^t them some tyme this Afternoone
John Gittings Clre.
M^r White absent

Vpon Consideracon of the per: of W^m Smith touching die
Repayre of the howse of Assembly Ordered that itt be re-
ferred to the Consideracon of the lower howse.

The howse Ajourned till Afternoone
The howse mett againe & Ajourned till morn

p. 209

September 17^th

Present as before with M^r Henry Coursey

Was read an Act sent from the lower howse for the preser-
vacon of the severall harbours within this Province and voted
to pass with an Additionall Clause for Coppyes thereof to be