Provincial Court Proceedings, 1679/80. 257

wise guilty of the p^rmisses above imposed upon him by the plt in

manner and forme ae the Said plt above against him halli Com-
plained, and of this hee puts himself Upon the Country and the said
Benjamin also, Therefore Itt is Comanded the Sheriffe of st Maryes
County that hee Cause to Come here Twelve &c. by whome &c & who
neither &c To Recognize &c because aswell &c, On w^ch said thirteenth
day of May in the Yeare aforesaid Came the said ptyes by their
Attorneys aforesaid, and the Juro^rs Impannelled being Called Like-
wise Came (To witt) Sam^ll Raspin Philip Lines, Randall Hanson :
John Martindale, Thomas Keeting, Edward Ward, Dan^ll docker,
Thomas Tillet. Jenkin Morgan Henry ffernley, Thomas ffolkes,
James Pattison, Who being elected tryed & Sworne to say the truth
in the p^rmisses Upon their oathes doe Say, That the said William
Harris is guilty of the p^rmisses above by the plantiff imposed Upon
him in manner and forme as the said plt hath against him Com-
plained, and they Asesse the damage of the said plt to ffbure hun-
dred pounds of Tobacco, w^ch Verdict of the Juro" aforesaid being
Read and Heard the said William Harris by his Attorney aforesaid
moved the Court here in arrest of Judgm^t, and prayed day untill
next prov^ll Court, and It is granted unto him the same day is Given
to the p^lt also :
Att w^ch said next Provinciall Court to witt the nine & Twentyeth
day of November in the ffifth Yeare of the dominion of the Right
honoble Charles Lord Baltemore &c Annoq Domini 1680 Came the
said partyes by their Attorneys aforesaid and the said William
Harris by his Said Attorney sayth That Judgm^t ought to bee ar-
rested, ffor that The words Layd in the Declaracon are (You is a
Cheating Knave & hath Cheated the Country.) W^ch words are not
actionable for that It is not sayd that in his office of Clerke or At-
torney hee was a Cheating Knave or had Cheated the Country, &
the Court Shall not intend it w^thout his shewing thereof, and al-
though Randall bee An Attorney that brought this Accon Yet it
not appearing there was any speech of him as an Attorney or to
scandalize him in his place, the words are spoken of him as a Comon
pson, The Witnesses that prove the words swore that the said
Randall came to fetch a Cow and a Cal f e for Michael Miller, & that
they had Noe Comunication in Relacon to his Office, and wout such
comunicacon or speech of him as an Attorney the said words are
not actionable & therefore noe Judgm^t Can be given thereon, W^ch
being Read and heard It seemeth to the Justices here that the Reason
aforesaid is insufficient in Law to arrest Judgm^t Upon the Verdict
of the Juro" aforesaid, Therefore It is Considered that the said
Benjamin Randall Recover against the said William Harris aswell
the sume of ffoure hundred pounds of Tobacco damages by the
Juro^rs aforesaid in forme aforesaid assed as also
pounds of Tobacco Costs of Suite, and the deft in Mercy &c

Liber W. C.