Provincial Court Proceedings, 1668.     299

     the Severall abuses and misdemeanours offered and comitted as well Liber FF
     against the said Capt Besson as John Taylor Constable by Hubert
     Lambert Clump of the same County Planter
       Order that the Sheriff impannell a jury against the afternoone
     for the indicting the said Lambert and that in the meane time he
     remaine in the Custody of the Sheriff.

     Ri: Tilghman plt: This cause resplted till this Count which was
     Symond Carpenter deft Jdesired by both parties and is againe by let
     Morecroft p quel    ters to the Court which was granted where
     Jenifer p deft fore againe resplted untill next Proall Court.
     Edmund Hinchman  Morecroft p quer           [p. 596]
     agt Thomas Manning Calvert p deft
       Time being Granted the deft till this Court to reply to the errors
     Signed and preferred against him the last Court doth now in Open
     Court present his plea with request to his sd Attorny to signe the
     same which is as followeth vizt.
       There never was neither is there any Such Suite depending nor
     any Such Record as the Complainant Counts in his Complaint
                                       Will: Calvert
       The plaintiff for Replication Saith that there was and is such a
     suite and that it doth appeane and is manifest by the transcript of
     the record hither sent by the Comissioners of Calvert County by
     virtue of a writt of Error to them directed and of this he prayeth
     the judgment of the Court. Jno Monecroft p quer
       After much debate the deft alleadging that there is no personall
     action depending between the said parties the judgment of the jus-
     tices then present is
     That it is a personall action That it is no persona!! action
     The Honble Leiftennt Genll
                        Jerome White
     The Honble Chancellour         Esq Justices
     Coil Wm Evans        Edward Loyd
       It being the judgment of the Major part of the justices that it
     is a personall Action, Ordred that judgment passe against the deft
     and that the plaintiff be allowed by the deft his reasonable costs and
     that the judgment past against the plaintiff in Calvert County Court
     be reversed.
     Walter King agt      Morecroft p quer
     Jno Stone admr Rich: Stone 5  Calvent p deft
       The plaintiff at the last provinciall Court sued the deft in an
     action of trespas upon the case for eleaven thousand two hundred
     and fifty pounds of tobacco
       The deft by William Calvert his Attonny Cometh and defendeth
     the force and injury when &c And for p!ea Saith that the aforesaid