Provincial Court Proceedings, 1600. 415

Vpon reading of the former Order of the Prou" Court dated the
II^th of december last and consideration had of the Retourne of the
Jury impannelled to that purpose. It is ordered the Jureys verdict
be entred upon Record w^ch is as f olloweth
December the last 1660, according to an Order of a Prouinciall
Court there was a Jury impannelled to inquire concearning the land
in dispence between M^r John Bateman Esq^r and William Mills John
Bagby and the rest w^ch was

Liber
P. C. R.
M^r John
Bateman v.
Robert
Patrickson
John Bagby
and Wm
Mills
Vide order
f o: 381

Imp^r M^r George Reade

::::

Thomas Howe

.... Hinderson

Guie White
James Barham
W^mLoyle

The Jury abouemed haueing dilligently viewed the woods, and
found the said S^t Nicholas Creeke, and found the Path mentioned in
the Pattent of Captaine Cornewaleys deliuered their Judgments
vnanimously that the said Creeke and Path is included in the said
Pattent to Captⁿ Cornwallis, W^ch they found to Run according to the
Pattent and Certificat, and further they conclude that the deft haue
seated the land mentioned in the aforesaid Pattent of Capⁿ Corn-
waleys, And this is the Judgment of the Jury Sworne by the Sher-
riffe as Wittnes my hand the day aboue mentioned
George Reade foreman.
And whereas by the said Verdict it was found and vnanimously
retourned that the Creeke and Path included in the Pattent to Cap-
taine Cornewaleys and possessed by the defend^ts is found to run
according to the Pattent and Cetificat, And the said land being sould
by the said Capⁿ Cornwaleys to the plt It is ordered according to the
said Verdict that the said land be to the plt and his heires for euer,
And the defts to pay Costs of Suite

p. 414

To the honno^ble the Governor and the rest of this honno^ble Court
The humble petition of John Bagby Sheweth That whereas your
petitioner bought a parcell of land of Richard Preston, and the said
Preston was bound by condicon to defend the said land in all suites
of lawe, and your pet^r hath bene arrested concearning the said land,
and the said Preston should haue appeared to answere the said suite
and to pay all charges that should arise thereby as by Condition will
appeare The premisses Considered your petitioner numbly Craueth
Order that the said Preston may be compelled to make satisfaction,
according to Condition with Costs of suite And your pet^r shall pray

The Condition

Knowe all men by these presents that I Richard Preston doe
assigne and make ouer vnto John Bagby and John Webb all my
right of two hundred acres of land upon the West side of a Creeke
called Harries Creeke upon the Sowth Side of Patuxent Riuer,

Bagby v.
Preston