Assembly Proceedings, October—November 1683. 503

was read the Proceedings as upon file in this house and upon
the Record of the Provincial Court; The Errors Assigned by
the said Kenelm Cheseldyne to be in the Record and the
rendring the Judgment in the Provincial Court was also read
which are as followeth
1^st In That it appears by the said Record that the said
Defendant Thomas Trueman was not brought into Answer
the Plaint by due Process at Common Law
2^dly It is also Error in that it appears by the said Record that
the Proceedings was by Way of Petition whereas no freeman
ought to be Outed of his Goods and Chatties unless it be
brought into Answer, to wit by presentment Indictment or by
Process made by Writts Originall and fore Judged of the same
by Course of the Law against which if any thing be done it
ought to be redressed and holden for None—
3^dly It is also Error in that it appears by the said Record,

U. H. Journal
1659-98

That Judgment was Given before Enquiry first had by Jury or
Judgment of Equalls or any Venire fac: iss^d forth to that end
or any Plea Entree! or issue Joyned, as also the whole Proceed-
ings Defective as to the due formalitys required by Course of
Common Law—
The whole proceedings being read and heard and the Plead-
ings on both sides It is the Judgment of this house that the
aforesaid reasons are not Sufficient in Law to Condemn or
make void the Judgment of the Provincial Court but that the
same still stands Good and is Affirmed by this house and it is
further Considered by this house that the said Thomas Hag-
gleton recover against the said Thomas Trueman his Costs
and Charges in this behalf Sustained to such Value as in and
by this house shall be Taxed—
The house Adjourned till to Morrow Morning 9 a Clock

Thursday 1 November 1683 the house sat again

Present
The honourable
Coll Henry Coursey Coll William Stevens
Coll Vincent Lowe M^r Secretary Darnall
Coll Henry Darnall Major Thomas Trueman

The Committee of Laws go out
Captain Smith from the Lower house with this Message

Lower house of Assembly 1 November 1683
His Lordship the Right Honourable the Lord Proprietary
having at the humble Supplication of the Inhabitants of S^t
Maries County Expressed his willingness as this house is

p. 532