Provincial Court Proceedings, 1679. 189

wise, and neither of them appearing by themselves or Attorney to
answer the action of the aforesaid, Edward Pynn Itt was therefore
comanded the Coroner of the County aforesaid that by good and
lawfull men of his bailywick he make known unto the said Jonathan
Sibrey that he be & appeare here the Eighth day of October in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678. to shew cause if any he had why judgem^t should not
passe against him upon the aforesaid action of the said Edward
Pynn On which said Eighth day of October in the yeare aforesaid
John James Coroner of the County aforesaid made returne of the
writt aforesaid endorsed Viz^t that he had made known unto the
said Jonathan Sibrey in the p^rsence of John Howell & Robert Sanders
good & lawfull men of his bailywick, which said Jonathan according
to the warning in this behalfe made by Robert Ridgely his Attorney
likewise came & prayeth thereupon day to imparle untill next Pro-
vintiall Court & itt is granted unto him, the same day is given to the
plaintiffe also
Now here att this day to witt the Seventh day of June in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1679. cometh as well the said Edward Pynn by Robert Car-
vile his Attorney as the said Jonathan Sibrey by his Attorney afore-
said And the said Jonathan by his said Attorney saith, that the afore-
said Edward Pynn ought not to have judgem^t against him in the
action aforesaid by him comenced against the said George Oldfield &
Petronalla his wife Exec^x of the last Will & testam^t of John Carre
deceased, because he saith that the debt pretended to be due to the
said Edward Pynn upon which the writt aforesaid is founded is due
to the said Edward from the Estate of the said John Carr deceased

Liber N N

And that the said George & Petronella are sued in that action as
the said Petronella is Exec^x of that Estate And therefore the bodyes
of the said George & Petronella for the same by the said Jonathan by
vertue of the writt aforesaid by the Law could not be restrained,
untill upon a wast proved against them of the said Estate, by reason
whereof them the said George & Petronella in their proper persons
to the City of S^t Maryes aforesaid the said fourth day of Decemb^r
aforesaid compell he could not And this he is ready to averr, & there-
upon prayeth judgem^t of this Court if the aforesaid Edward Pynn
judgement against him of & upon the p^rmisses ought to have And of
this he putts himself upon the judgem^t of the Court, And the plain-
tiffe also And hereupon the p^rmisses being seen & by the Justices
here fully understood, itt seemeth to the Justices here that the said
plea of the said Defend^t in manner and forme aforesaid pleaded &
the matter therein contained are sufficient to hinder & retard the said
p^lt from haveing judgm^t against the said Defend^t of & upon the
p^rmisses. Therefore itt is considered that the said writt of Scire
facias against the said Defend^t in forme aforesaid obtained shall be
abated &c.

p. 846