Chancery Court Proceedings, 1678 [1677]    487

    alleadged that he was advised that the high Court of Chancery in Liber P C
    England did not give releife in any Suite where the substance thereof
    tended to the overthrowing of any fundamentall point of the Comon
    Law or to overthrow or take from other Courts their Peculiar
    Jurisdiction but the judging and Concludeing the Def.ts Said noate
    or letter (wherein he promised his said Brother should give the
    Comp.It good assureance of the premisses) to amount to Generall
    Warranty is directly Repugnant and in overthrowe of a funda-
    mentall point of the Comon Lawe (to which the Def.t Thomas con-
    ceived the people of this Province were Subject there being noe
    Law in the Same Contrarij thereunto) for as much as the agreement
    between the Comp.lts and Def.t Nathaniell was for part Tobacco
    and part Land and in Lieu of thc Said one Thousand Acres which
    was an Exchange in Lawe as to amoiety that could not be Capable
    of nor Subject to Generall Warranty being against the nature of
    Such Estate but onely Lyable to Speciall Warranty the Judgment
    and Construction whereof properly and peculiarly apperteynes to
    the Provinciall Court And for as much as noe Decree of this Court
    once Enrolled could be reveised or altered but by bill of review
    unlesse in Causes of this nature where the case was demonstrative
    the Petitioner humbly be sought his honnour the Governour to putt
    a Stopp to all further proceedings upon the said Decree untill the
    matter should be Reheard before the Governour and the whole Coun-
    cill in the next Generall Assembly, Chancery or Provinciall Court
    whereupon upon Consideration had of the Petition by his honnour
    the Governour he thought itt Just and Equitable that the Proceeding
    in the cause between the Comp.lts and Defend.t be fully Stopt as to
    any thing relateing to the Decree within mentioned untill the end of
    of the then next provinciall Court Soe that the Defend.t or his
    Councell might have tyme to be heard Upon the matter Conteyned
    in the Same Petition and did therefore order and require the Hon-
    nourable Phillip Calvert Esq.r Chancellor to Surcease any further
    proceedings upon the said Decree untill the End of the then next
    provinciall Court and the Comp.Its attorneys this day alleadging that
    the said Petition was meerly putt in for delaij to Stay the Signing and
    inrolling of the said Decree and that there had passed one Court to
    witt ffebruary Court and the Defend.t nor his Councill did in the
    least Stirr or move the Court to be heard therein and the Comp.lts p. 100
    Attornij offering severall Reasons against the Said Petition and the
    staying of the Inrolling of the Decree aforesaid this Court thereupon
    and upon reading of the said Petition and order thereupon and what
    was alleadged on either side was Sufficiently Satisfied that the matters
    in the said Petition mentioned had beene fully argued att the hearing
    of the cause and therefore they Thought not fitt to receede from their
    former order but doth Order that the said former order and decree