426        Provincial Court Proceedings, 1676.

            Liber N N  the said agreemt did take the bill of the Said Blizard & discontinue
                   the action of the aforesaid John, thereby utterly excludeing & de-
                   barring the said John from the benefitt of his Said writ, by which
                   fraud and deceipt of the Said Robert Carvile the said John Creycroft
                   is dampnified & hath losse to the value of foure thousand pounds of
                   tobacco, And thereupon he bringeth his Suite.
                    And the Said Robert in his proper person cometh & defendeth
                   the force & injury when &c & saith that the plaintiff his action afore-
                   said against the Said Robert ought not to have for that he being a
                   sworne Attorny of this Court did without any fraud or deceipt & by
                   the plaintiffs order discontinue the said action & of this he putts him-
                   selfe upon the judgmt of the Court whether the plt his action afore-
                   said against him ought to have.
                    And the said John Creycroft Saith that the aforesaid plea of the
                   Said Robert Carvile above in barr pleaded is altogether insufficient
                   in Law to barr him the said John from haveing his action aforesaid
                   neither is he by the Law of the Land thereunto bound to answer, &
                   for cause of demurrer according to the forme of the Statute Saith
                   that the Said plea before by the Said Robert pleaded containeth only
                   matter of fact & therefore for tryall ought to have been putt upon
                   the Country but the Said deft by his Said plea putts himse!fe upon
                   the Court, who are only judges of matter of Law for ad questionem
                   facti non respondent judices, ad questionem Legis non respondent
                   juratores. Co: lib.
                    And the defendt Saith that the matter is properly tryable & to be
                   judged by the Court being an Officer of the Court & not proper for
                   a jury & of this he prayes judgmt. Which being over-ruled by the
                   Court the partyes put themselves upon the Country. whereupon
                   comand is given to the Sheriff that he cause to come here twelve &c.
                   Now here at this day to witt the 27th day of April in the yeare 1677
                   came the parties aforesaid & the jurors of that jury came also to witt
                   Edward English Thomas Spinke Marmaduke Semme Samuel Raspin
                   Thomas Russell Ninian Beale Jno Darby Jno Barnes Jno Waghop
                   John Hyland ffrancis Swinfen & James Rumsey who being impan-
                   nelled Suffioned and sworne to Say the truth in the premisses upon
                   their Oathes doe say Wee find for the plaintiff.

              p. 264 W Cannaday Johanna ffarrer Executrix of the last will &
                      agt testament of Robert ffarrer decd was attached
                   J ohanna ffarrer exx to answer unto Wm Cannaday of a plea of tres-
                    Robt ffarrer pas upon the case.
                                  And whereupon the Said Wm Cannaday by
                   Robert Ridgely his Attorny complaineth that whereas the Said Robert
                   ffarrer the first day of April 1675 in consideration that he the Said
                   Wm Cannaday at the Speciall instance & request of the Said Robert
                   had bargained Sold & delivered unto the Said Robert in the life time