76 Provincial Court Proceedings, 1658.

Liber
P. C. R.

of Tob. & cask, But yo^r Pet^rs cannot euidence the truth of their case,
att common Law, because the s^d Lands engagem^t is since casually
lost, Yo^r Pet^rs therfore pray th^t the s^d Philip Land may be compelled
to sett forth the truth of all the premises uppon oath; th^t soe yo^r Pet^rs
may by yo^r Hon^rs Order haue such releife, as in yo^r Graces Judgm"
shall seeme to bee agreeable, to right, equity & good conscience. And
yo^r Hon^rs Pet" shall eu^e pray &c :
Ph: Lands answere.
To the hon^ble the Gou^e & Councell of Maryland.
Whereas John Cornelius & Walter Pakes haue preferred a Bill in
Chancery agst me Philip Land, concerning 200 Acres of Land sold
by mee to the s^d Cornelius & Pake, I gyuing them a Bill of sale for
the s^d Land, & warranting the sale thereof, agst iust claimes, And
moreouer certifyed them, th^t M^r Lewger would giue them the
Certificate of the Bownds of the s^d 200 Acres; w^ch M^r Lewger told
mee, hee had promised to them, But they pretended there was noe
Land to be fownd till now as I know of, And now I haue prouided
the Land according to my Couenant w^th them, They would (as far
as I conceiue) not pay the Tob. notw^thstanding Walter Pake did
promise Cap^t John Barriffe paym^t of the s^d Bill att Patux^t & Cap^t
Barriffe accepted of it, in Leiw of a Bill hee had of mine, w^ch he
brought out of Virginia. And this is in answere to the Bill in
Chancery, w^ch is nothing but the Truth, as neare as I can rememb^r
to the w^ch I will be ready to make Oath.
Phillip Land.

I desyre th^t they who were att the bargaine making may be sworne
& M^r John Lewger.

p. 41

Uppon the Bill exhibited in Chancery by John Cornelius & Walter
Pake agst Philip Land. James Veitch sworne in open Court, sayth,
That M^r Land sold 200 Acres of Land to the exhibiters, & was by
condicon (w^ch this Dep^t drew) to procure & giue them a Patt^t when
Patt^ts were to be graunted, & to deliuer them possesⁿ of the s^d 200
Acres of Land in the winter following, And the Court finding That
the Deliuery of the Land, was not made by Philip Land, as was
requyred, as Cap^t Will^m Euans testifyed uppon Oath deliuered in
Court, It is Ordered th^t th^e Exhibiters haue their Bill returned, &
gyuen up to them w^thout further trouble, And because the Bill was
not in M^r Lands hands but by Assigm^ts made ouer to M^r Symon
Ouerzee. It is further Ordered That the Bill being gyuen up to the
Exhibiters by Order afores^d, That Philip Land pay to M^r Symon
Ouerzee Two Thowsand pownds of Tob. to whom the Bill was
assigned, & had the s^d Bill in possesⁿ w^th Costs of suite to the
Exhibiters.

Land v.
Marshall

Uppon the demand of Philip Land plf, agst Will^m Marshall deft
in an accon of the case for 2000^l Tob. The plf not being able to proue