498 Assembly Proceedings, October—November 1683.

U. H. Journal
1659-98

Spernons Answer—
I^st He does own that being Advised by one of his Neigh-
bours that Two Men that were Suspected Runaways were at
the house of William Peirce and had bin there at work some-
time upon which he being Constable went thither and Seized
the said Servants and did carry them to his own house that
Night and the next Day in the Morning a Master or Merchant
that had bought Eight hogsheads of Tobacco sent him word
immediately to come to him and take his pay for them for else
he would be going away for he could not stay any longer upon
which he owns he did go and did with what speed he could
returne which was about two a Clock the same afternoon, But
when he came home he found the said Servants Runaway
upon which he pursued them to the said Prices but they
espying him run into the Woods and he could not Catch
them—
2^dly To the Second he Answers, That he did appear at the
Court and that the Jury Did bring in that Verdict but Robert
Ridgley his Attorney being Sick and not Able to Come Judg-
ment was given upon the Verdict, But the next day most of
the Jury did Declare to the Court that their Intent upon the
Verdict was that Spernon was to have the Servants if he could
find them and pay the 6000^ll of Tobacco and Costs, M^r Car-
vile who was then M^r Rousbys Attorney did Declare to us (as
Amicus Curiae) That he heard the Jury say the same to be
their Sense and that he understood it so, and did Verily Believe
the Court did understand it so—
Likewise the said Spernon Alleadged (at the Tryal) to the
Court and Jury, That the said Rousby had disposed of them
and had received Satisfaction upon which the said Rousby put
him to prove it, And the Chancellor Ordered him the said
Spernon to produce that Evidence which the said Spernon was
informed the said Edmund Sweatnam could therefore went to
fetch him but he being gone from S^t Maries could not make
proof as aforesaid and so Judgment past as is before Exprest—
And now may it please your Lordship We do offer to your
Lordships Consideration what Observance We have made
upon the Premisses Viz^t
I^st We find that there was a Misfeazance in the Constable
that he did not carry the Two Runaways to the next Justice at
his first Apprehending them unless the Excuse that he makes
may be esteemed Good
2^dls We find that M^r John Rousby had parted with his
Interest to the said Runaways to M^r Peter Aldrick in Aug^t
1680 which was before the Suit was Commenced
3^d We find that M^r John Rousby by an Instrument under
his hand hath reced full Satisfaction of M^r Aldrick for the said