Chancery Court Proceedings, 1677.  495

    Truman and the proofes taken in this cause and hearing of what Liber P C
    could be alleadged on either side was fully Satisfied that the said
    Comp.lt ought to have had a good deed of Sale of the Premisses to
    him & his heyrs for ever with a generall Warranty against all persons
    whatsoever which was denyed to be given him and that therefore itt
    was to noe purpose for him to tender any deed of Conveyance to
    be sealed or any Security for his purchase Consideration and doe
    therefore think fitt to releeve the said Comp.lt against the Statute
    of Limitations and soe order and Decree that the said Defend.t
    Thomas Truman doe paij unto the said Comp.lt all such Charges
    and Damages as the said Comp.lt hath laid out Expended & Sus-
    tained by non performance of the agreement aforesaid and in the
    Removeing his family & Stock to the said Trumans Plantation and
    in Seating building fenceing and Cleering the Same and all other
    necessary Charges relateing thereunto according to the said writeing
    under the hand of the said Thomas Truman deducting thereout
    all Such Suth or Suths of Tobacco as the said Comp.lt hath or
    without his own wilfull default might have received out of the said
    Plantation of one Thousand Acres by the preception of the Profitts
    thereof from the tyme of his Entry thereunto till he left the same.
    And for as much as it is not known to this Court what Charges or
    damages the said Comp.lt hath layd out & Expended or Susteyned
    by non performance of the agreement aforesaid and in Seating
    Cleering & building upon the Plantation aforesaid and other Charges
    relateing thereunto or what profitts have been by him received or
    which he without his own wilfull default might have Received as
    aforesaid and for that the same is Property tryable att Coffion Law
    by a Jurij, this Court doth therefore further order that a writt of
    Inquyrij of Damages doe Issue to the sherriff of S.t Maryes County p. 109
    Returnable the next Provinciall Court to Impanell a Jury of twelve
    good and Lawfull men within his Bailiwick to Inquire what Charges
    and damages the said Comp.'t hath laid out Expended & Susteyned
    by non performance of the agreement aforesaid and by the Cleering
    Seating and building upon the Premisses and other Charges relateing
    thereunto and what he hath or without his owne willfull default
    might have Received by the Preception of the Profitts thereof as
    aforesaid and what upon the said Juryes verdict shall appeare to be
    due unto the said Comp.lt for Damages aforesaid the said Defend.t
    Thomas Truman is to pay the same to him accordingly
                                     Philip Calvert

    Loveing Brother Nathaniell

      I have ordered M.r Sprigg to Seate upon your Thousand Acres of
    of Land and he is to give you either soe much land att the Ridge
    which he is in tryall for with M.r White or part of the Governours
    mannor or else to pay you Two Thousand pounds of Tobacco for