Assembly Proceedings, September 1664. 529

lawe ffor noe error will in this case lye, for the Rule is Consen-
sus toilet errorem And Cooke sup. Litt sayth fo. 11. a. 343.
67. a. to this effect Contra neguntem principium non est dispu-
tandum Therefore the def^t sayth that the Judgment of the s^d
Court as to the dismiss is by the s^d Snowe falsly and malitiously
suggested by him to be Erronious vpon all which he humbly
craveth the Judgem^t of this hono^blle Assembly and humbly
prayeth to be dismist w^th his reasonable Cost and damages
allowed him.
Tho. Notley Attorney to
Thomas Gerrard

Wherevpon the howse Considered the two poynts in th^t plea
to the first Error (vizt) first that there was never any Recogni-
zance of the said Gerrard given in any Court of Chancery in
this Province relateing to the s^d Snowe or others from whome
he pretendeth right or power
Secondly that the Error is not rightly layd because the Court
gave judgem^t vpon the view of Abell Snowes booke of accounts
and other papers wherevpon was produced the Originall Re-
cognizance taken before the R^t hono^ble the Lord Proprietor
in England and the Record of itt in the Court of Chancery of
this Province.

And putt to the Question
Whether the Recognizance taken before the R^t hono^ble the

U. H.
Journal
1659-69

Lord Prop^t in England & certifyed by him from thence and
here entred vpon Record in Chancery be a Recognizance in
Chancery of this Province as good as if itt were originally
acknowledged in this Province

p. 218

In the affirmative
Coll W^m Evans
m^r Henry Coursey
m^r Jerome White
The Chancellor
The Leiv^t Generall

In the negative
Coll Vty
m^r E^d Lloyd
m^r Baker Brooke