144 Provincial Court Proceedings, 1658.

Liber
P. C. R.

of the s^d neck, w^th a line drawne from tree to tree, Conteyning by
Estimation Eight hund^d Acres, Bee it more or lesse, According to a
Deed of Bargaine & Sale from the s^d Thomas Gerard Bearing date
the ninth of Nouemb^r, in the yeare of our Lord God 1652
Josias ffendall.

And the finall Concord betweene the s^d Thomas Gerard & Susan
his wife of the one part, & Luke Gardiner of the other, is, That the
s^d parcell of Land called Canow neck, according to, & uppon such
Condicons, as are conteyned in the s^d Deed of Bargaine & Sale from
the s^d Thomas Gerard to Luke Gardiner & Will^m Johnson, shall bee
to him the s^d Luke Gardiner his heyres & assignes for euer.

Attorney
General v.
Fitzherbert
vide fol.
1082

An Informaon of his L^ps Attorney agst ffrancis ffitzherbert ffor
practising of Treason & Sedition & gyuing out Rebellious & mutinous
speeches in this his L^ps Prouince of Maryland, & indeuouring as far
as in him lay to rayse distraction & disturbances in this L^ps s^d
Prouince.
1. ffrancis ffitzherbert did on the 24^th of August 1658 Trayterously
& seditiously att a generall meeting in armes of the poeple of the
Vpper parts of Patux^t Riuer to muster, endeauo^r to seduce, & draw
from their Religion the Inhab^ts there mett together.
2. Hee did use the same Trayterous & Rebellious practice att New
Towne on the 30^th of August 1658. The poeple being mett together
for the end afores^d

p. 103

3. That by these his Treacherous & seditious practices, hath
caused seuerall Inhab^ts of this prouince to refuse to appeare att
Musters, That they shall thereby bee incapable of Defending the
peace & liberty of the Inhab^ts of his L^ps Prouince, agst the attempts
of foreigne or home bred enimies.
4. That he hath Rebelliously & mutinously sayd th^t if Thomas
Gerard Esq^r (of the Councell) did not come & bring his Wife &
Children to his Church, he would come & force them to his Church,
Contrary to a knowne Act of Assembly in this Prouince.

Right hon^ble
Since I writt my last to yo^u, I haue receiued a message from M^rs
Gerard, w^ch is th^t M^r ffitzherbert hath threatned Excommunicaon
to M^r Gerard, because hee doth not bring to his Church, his Wife &
Children, And further M^r ffitzherbert sayth th^r hee hath written home
to the head of the Church in England, & th^t if it bee their Judgm^u
to haue it soe, hee will come w^th a p^rty & compell them, My Lord this
I offer to yo^r L^p as M^rs Gerards relaon, whom I thinke would not
offer to Report any such thing if it were not soe. And, my Lord, I
thanke god the Gouerm^t of the Country is now in yo^r Officers hands :
But I thinke (& I haue good grownds to thinke soe) that it will not