556       Provincial Court Proceedings, 1665-66.

             Liber F F   thowsand pounds sterling, whereupon the sd Marmaduke Snow sued
                    out Execucon by way of Leuari facias to leuy by way of Execucon
                    the said sume of 1000lb sterling which was accordingly executed
                    upon your petrs Goods and Chattles to the uallue of Two hundred
                    ninety nine pounds Eleauen shillings and three pence halfe penny
                    the said Marmaduke making further Complaint to the Court that
                    the sherriffe had leauyed but 299th: 11s: 3d ob: and not finding any
                    more prsonall estate to perfect tht Execucon the Court passed further
                    Ordt the first of March 1664 that the lands of yor petr should be
                    Extended and Appraysed unless yor petr did produce personall Es
                    tate to Compleate the remaindr of the 1000lb sterling whereupon an
                    Extent issued out agst yor petrs lands and was by the sherriffe exe
                    cuted in which Ordr Ex post facto and the proceedings to grant Ex
                    tent the writt of Extent there is manifest Error as allsoe in the sher
                    riffs returne of the Exccucon thcrcof Verte
               [p. x6g] Yor petr humbly prayeth yor Honnors the premisses Considered
                    to grant him Liberty to Assigne Errors in the next Assembly and
                    to grant him a writt of Error that hee may thereby bee releiued
                    against the illegall and Erroneous proceedings of the said Snow
                    agst him And yor petr shall pray &c:
                      Vppon the suggestion of the foresaid petn the said Thomas Ger
                    rard is Granted by Ordr of this Board to Assigne Errors, And put
                    them forthwith into this Court, to be determined next Assembly,
                    Whereupon the said Attorneys wthdrew and a while after came &
                    deliuered theire Errors into Court which are as followeth—(uizt)
                      Errors assigned by Thomas Gerrard upon the proceedings to the
                    Execucon agst him by Marmaduke Snow

                    1st The Order of Court ex post facto to haue an extent, after Snow
                      had made his Eleccon to haue Execucon by Leuari ifacias is Error
                    2 The Order of Court ex post facto is generall to haue Extent agst
                      his lansds whereas the Extent should be speciall agst the lands hee
                      had att the time of the acknowledging the Recognizance is Error
                    3 The writt of Extent uaryeth from the Ordr being misrecited in
                      the writt the Order being the Ground of the writt it ought not to
                      uary from the Order but agree therwith in forme and in terminis
                      is Error.
               [p. 170] 4     The returne of the sherriffe of the Execucon of the Extent is de
                      fectiue in a materiall poynt for it doth not Express that the Ex
                      tent was by the Oath of twelue men it not menconing that they
                      were sworne


                      Then Came Mrs Mary Bateman into Court and acknowledgeth
                    Judgmt unto Mr Thomas Nottley for the sume of Eight hundred and
                    sixty pounds of tobaccoe—