168 Provincial Court Proceedings, 1658.

Liber
P. C. R.

Salter v.
Sowth

To the hon^ble the Gou^e & Councell
The humble Petⁿ of Thomas Sowth Sheweth.

That whereas att a Court holden the 20^th of July last, in & tor
the County of Kent, John Salter commenced suite agst yo^r Pet^r for a
certaine Plantaon called Beauer neck, W^ch Plantaon being of a ualue
w^th in the Cognizance of th^t Court, was iudged, to the s^d Demandant
agst yo^r Pet^r, Whereuppon the s^d Demandant praying Cost of suite &
dammages to the ualue of 11000^l Tob. The s^d Court proceeded to
Judge 5444^l of Tob to the s^d Demand^t for w^ch summe they haue
awarded Exequuon. Now soe it is, that the s^d Commis^rs intermed-
ling w^th a Cause to a valew not w^th in their Cognizance, Yo^r Pet^r
humbly conceaues the plea for dammages was held Coram non
Judice, & craues leaue to assigne that as an Error in Judgm^t, And
th^t yo^r Pet^r as to the Costs & dammages may haue a rehearing & th^t
his goods in Exequuon taken may bee to him restored, uppon security
to see them forth comming uppon the finall Determinaon of the
Cause betweene us depending & yo^r Pet^r shall pray &c :
Whereuppon the Court considered the Error assigned, & order th^t
the sayd damages be heard & determined the next Prouinciall Court
to be held att Patux^t, & th^t the Sheriffe see all the goods by him in

Vid. fol. 214
Vid. fol. 261

Exequuon taken, to be restored to the s^d Thomas Sowth till a finall
determinaon of the Cause by the s^d Court.
This day Came Co^tt Nathaniel Vtye & acknowledged himselfe to
stand indebted to the L^d Proprietary in the summe of Ten Thowsand
pownds of good sownd Merchantable Tob. if Thomas Sowth shall

p. 126

not yeald up into the hands of the Sheriffe of Kent, all such goods, as
hee shall from the s^d Sheriffe receaue, by Vertue of the foregoeing
Order. In case Judgm^t be gyuen agst him, uppon his Writt of
Error for the whole dammage demanded, or soe much as shall
satisfy the Judgm^t by this Court to bee gyuen in case they find the
damages not soe great, as is alleaged.

Giles Glover
v. Richard
True

The plf (per Attornat George Thompson) complayneth agst the
deft, ffor th^t the deft sould unto the ptf a Plantaon & Land But hath
not according to Couen^t deliuered a Pattent of the s^d Plantaon or
Land, Whereby his Tytle to the same, is noe wayes assured, And it
appearing by the Couen^t shewen in Court, that there was a bargaine
made betwixt the plf & the deft, But the Consideraon not cleared,
uppon w^ch the s^d Bargaine be claymed, w^ch might perhaps bee by
way of illusion or fraud in eyther party. It is therefore Ordered th^t
this Cause bee sent downe to the County Court, in Charles County
(where both p^eties were residing att the making of the s^d Couen^t)
to examine Wittnesses & heare the Case, & Report the State of the
same, to the next Prouinciall Court.