Provincial Court Proceedings, 1679/80. 193

teyneth, & the sheriffe being in misericordi to bring in the said
William Perfitt this Court to answere unto the said Garret Van-
swearing in the said accon M^r John Hamilton Deputy sheriffe sayth
That hee is very Ancient and how to get him to Court hee Know-
eth not, and Sayeth That the said William Perfitt is Ready to pay
the said Debt if they will fetch it in a bagg but hee will not pay
an hogshead of Tobacco for it, for that hee will not trust any man
unlesse it bee the Governo^r Whereupon Itt is ordered by the Court
that the said Accon bee dismist for that the said William Perfitt is
ready to pay the debt and hath made Tender of the debt, Each
part bearing theire Owne Charges

Henry Addams] Ignatius Causeene] TT , ,,, , . .,
T , ~. r-ifr-ii- -n L. Humphrey Warren (sealed)
John Stone J William Barton J ^{v J J}

Att w^ch seaventh day of October aforesaid Came the said Garret
by Robert Carvile his Attorney as aforesaid, and the said William
by Henry Bonner his Attorney as aforesaid, and the said Garret
sayth that in the Record and proceedings aforesaid as also in the
Rendring of Judgment aforesaid Itt is manifestly Erronius in y
That the p^lt sues the Defendt in an Accon of debt upon a bill under
hand and Seale for payment of Two hundred twenty five pounds
of tobacco, good sound Marchantable Tobacco and Caske, The
sheriffe Returnes hee had taken his body and had him ready but
the Defend^t makes default and appeares not by himself or Attorney
for w^ch the sheriffe was in Misericordia till next Court to bring his
body then, The sheriffe next Court to save his Amerciament affirmes
the Defend^t to bee Ancient and that hee knoweth not how to gett
him to Court and further affirmed that the defend^t is ready to pay
the said Debt if they will fetch itt in a bagg, but hee will not pay
an hogshead of Tobacco for it for that he will not trust any man
unlesse it bee y^e Governo^r Upon w^ch affirmation the Court proceed
to dismisse the Accon for that the Defend^t is ready to pay the debt
and hath made Tend^r of the debt, Each pty beareing theire owne
Charge
Which said proceedings and Judgment are very Illegall Arbitrary
& Erronious in Lawe for These Reasons
i ffirst If the Defend^t had beene Sick or weake or Languidus
The sheriffe ought to have made such Returne att first w^ch hee did
not but Returned a Cepi, and that hee had his body ready, and
for want of appearance hee was in Misericordei and the Sheriffe
ought to have taken a bayle bond to Enforce him to haue appeared
by himself or Attorney w^ch hee might have done that the Cause
might have Received a Legall Tryall, and for want of such bayle
bond the Sheriffe ought to have been Amerced and the p^lt Left att
Liberty to bring his Action of Escape against the Sheriffe, But the

Liber W. C.
p. 173