Provincial Court Proceedings, 1659. 299

susteyned for the want of his s^d plantaon, & other Costs then al-
leged & claymed by him.

Li'oer
P. C. R.

And whereas att a Prouinciall Court held for this Prouince in
Caluert County on the 8^th day of Octob^r last the s^d Thomas Sowth
Petitioned for a rehearing, touching the Costs & dammages only :
for th^t the Commis^rs of the County of Kent afores^d intermedled w^th a
Cause not w^th in their Cognizance, w^ch was then graunted (as by the
s^d Order & Petⁿ 8^o Octob^r may more fully appeare) And whereas

Vid. fol. 125

likewise att the Prouinciall Court held att S^t Maries the 3^d of March
last a Easpeciall writt or Commis^rs was directed to Co^ll Nathaniel Vtie
& Edward Lloyd Esq^r, Joseph Wicks & Cap^t Rob^t Vaughan gentⁿ.
The wittnesses touching the fores^d Dammages & Costs dilligently to
examine & the Examinaons into this Prouinciall Court, distinctly &
clearely to send, Together w^th their Opinions, what uppon the prem-
ises is fitt to bee done, (as by the s^d Order & Writt may allso ap-
peare) make returne thereof as followeth (Viz)

To the hon^ble the Gou^r & Councell

Whereas a Commisⁿ (bearing date the 3^d of March 1658) was
directed to Vs from yo^r honou^rs to heare matters of difference
betweene John Salter plf & Thomas Sowth & Thomas Hinson defts,
& hauing dilligently examined the premises doe humbly make Our
Report as followeth, ffirst as Touching the damages alleaged by the
s^d John Salter agst the afores^d Thomas Sowth. Wee apprehend the
s^d Sowth is not lyable to satisfy any damages uppon former accounts ;
by reason the s^d Sowth held his posses" by Order of Law, W^ch s^d
Order wee haue hereunto annexed.
Concerning the Charge of building & clearing alleaged by the
defend^ts, We thinke it may bee ballanced by damage clone unto the
Plantaon.
As for all other differences (brought before us) depending be-
tweene the s^d parties or eyther of them, They did willingly com-
pose betwixt themselues
Aprill 4^th 1659 Sealed & Signed by
Nath: Vtie Sealed by
Edw: Lloyd all Three
Rob^t Vaughan Seuerally.

I agree & consent to the Report & Opinion rendered afores^d If yo^r
hon^rs shall Judge the fores^d proceedings, w^ch they call Order of Law
to bee legally graunted according to formality in Law. The Order
being not graunted by sworne Judges. And the Grownds of the s^d
Order as is expressed to bee only possesⁿ w^ch the s^d Salter was pos-
sessed w^th all att th^t time Josh Wickes
Se X ale.

Vid. fol. 214