Provincial Court Proceedings, 1679/80. 165

Rousby offered himself against the Def^t of and upon the p^rmisses,
and prayed a venire facias to the Sheriffe to bee directed to Cause
to come twelve &c, the said Def^t by Kenelme Cheseldyne his At-
torney alleadged, that in obedience to the Rule of the Court hee had
put in his plea that advantage might not in strictnesse bee taken
against him for his Lachesse, but Craved a Jury of y^e Neighbour-
hood w^a a surveyo^r upon the Land, but the p^lt opposed the same and
informed the Court that the land in Question was bounded by
Edward southerne und^r whome the Def^t Claymes, July the 5^th 1669
upon a pcell of land called Hogsdowne and then surveyed for the
said southerne, Cont^a foure hundred and ffifty Acres, and produces
the Certificate of the said parcell of land from the Record to the
Court here Duely attested, by w^ch it did appeare to the Court that the
said parcell of land called Hogsdowne surveyed for the said southerne
the first of July 1669 did Joyne to a pcell of land taken up by M^r
Stephen Horsey called Horseys Baliwick w^ch is the Lland claymed
by the p^lt, the said plt did informe the Court that the land claymed
by the deft called alsoe Horseys Baliwick Containing Two hundred

and fifty Acres was surveyed by the 3^d Edw^d Southcuic Lhe Eight-
eenth of November 1672 and pduced the Certificate thereof duely
attested to the Court, and that the said Two hundred & fifty Acres
lay between Horseys Horseys Baliwick taken up by Stephen Horsey,
and now Claymed by the pl^t and Hogsdowne taken up in 1669 by
the said southerne, and by him sould to one Gerrard in Virginia,
and now in the posession of one Gerrard & Hill, That the said Two
hundred & fifty Acres of land Claymed by the said Def^t surveyed by
a Comon War r^t and taken up of lands formerly surveyed, and lay
betweene the said pits land called Horseys Baliwick surveyed by
Stephen Horsey & Hogsdowne and therefore the said Survey was
Voyd, and the Grant thereof being pattent upon pattent w^thout
recitall of the first suruptitiously obtained, and could not nor ought
not to prejudice the said plt; The said p^lt objected against any Jury
upon the land, for that the matter ought to be Tryed by a Jury at
Barre hee haveing nothing but Record for his Evidence agt w^ch there

Liber W. C.

can be noe Averrment, but the said Def^t Craveing a Resurvey of
Horseys Baliwick formerly surveyed by Stephen Horsey, The Court
thought fitt at the Def^ts request to order that the same bee laid out
according to the Ancient bounds thereof by the surveyo^r of Som^rsett
County who is hereby appointed impowered & Comanded to Lay out
the same in the presence of the sheriffe of the said County, who is
hereby Comanded and impowered to sumon a Jury of the Neigh-
bourhood, Provided that the said surveyo^r and Jury cause the said
land called Horseys baliwick surveyed for the said Stephen Horsey,
and the said parcell of land Called Hogsdowne Surveyed in 1669
for the said southerne, to Joyne one to another and that they returne
a Certificate of theire proceedings herein to the Court here on the

p. 149