Provincial Court Proceedings, 1679/80. 215

All which the said Gerrard is Ready to Averr and Therefore
Prayes Judgment as aforesaid of the said writt and Information,
and that the same may bee Quashed
And the said Abraham who aswell for the Lord Prop^ry as for
himselfe in this behalfe prosecuteth Sayth. That hee by any thing
in the plea of the aforesaid Gerrard from haveing his Accon afore-
said against him the said Gerrard ought not bee barred, and by
Protestacon, not acknowledgeing any thing in the plea of the afore-
said Gerrard by him before pleaded to bee true in manner and
forme as the said Gerrard in the plea of him the said Gerrard, by
him above pleaded hath pleaded, for Replicacon saith as formerly
hee hath said, that the said Gerrard hath Received and Extorted
from the said Abraham Blagg by Collo^r of his office of sheriffe of
st Maryes County aforesaid, the said sume of two thousand six
hundred & twenty pounds of Tobacco in manner & forme aforesaid
& Contrary to the Act of Assembly aforesaid As in the Informacon
afores^d is menconed And this hee prayeth may bee Enquired of
by the Country.

Liber W. C.

And the said Gerrard Slye by his Attorney aforesaid saith as
before in his Said plea hee hath said, & for the reasons in the said
plea Contained That the said Information for the Incertaintyes
Insuffeciencyes and manifest Imperfeccons therein Contained
Ought to bee quashed, and further that the p^lts Replication to the
said plea, and the matter therein Contained is not Sufficient in Lawe
to bee Answered unto, for that the Defend^t in his Said plea pleads
the Insufficiency of the Information W^ch the Court ought to give
Judgm^t upon, The Court being Judges of the Vallidity or Invalidity
of the Information and not the Jury, And thereupon Demurres in
Lawe
And the said Abraham Blagg who aswell &c Sayth) in that hee
sufficient matter in Lawe for him the said Abraham of his Action
aforesaid ag^t him the said Gerrard to bee had ought not to bee pre-
cluded, but that the Replication aforesaid is sufficient in Lawe,
and this hee is ready to Verifie, & therefore hee Demands Judgment
of the Court, And the Defend^t Likewise
Wch
being Read and heard & by the Justices here fully Understood,
Itt Seemeth to the same Justices here, That the informacon afore-
said is sufficient in Lawe to maintaine the Accon of the said Abra-
ham who aswell &c Whereupon the aforesaid Gerrard by his At-
torney aforesaid moved in arrest of Judgment W^ch not being allowed
of by this Court, Therefore Itt is Considered That the Lord Pro-
prietary of this Province, and the said Abraham Blagg who aswell
for the said Lord Prop^ry as for himself in this behalfe followeth,
may Recover against the said Gerrard Slye the Summe of six
thousand pounds of Tobacco or forty pounds stert being the for-
feiture upon the breach of the act aforesaid Whereof the said Lord

p. 191