Provincial Court Proceedings, 1679/80. 293

And the said William Burges by Robert Carvile his Attorney
Cometh and Defendeth the force and Injury when &c and Prayeth
Liberty to Imparle hereunto untill next prov^ll Court and It is granted
unto him the same day is given unto the said Robert Procto^r Likewise
Now here at this day to witt the thirtyeth day of November in
the sixth -{fifth yeare of the Dominion of the R^t hono^ble Charles
Lord Baltemore &c Annoq Domini 1680 Came the said partyes
by their Attorneys aforesaid & the said William Burges by his

Liber W. C.

said Attorney sayth That the Record and proceedings in the said
Cause in the County Court of Ann Arrund^ll County are in noe way
Erred, and hee prayes that this Court will proceed to the hearing
of the Record aforesaid as of the reasons of the said appeale
On w^ch said fourteenth day of Novemb^r aforesaid came the said
Robert Procto^r by his Attorney aforesaid, and according to act of
Assembly in that case made and provided Entituled an act for ap-
peales & Regulateing writts of Erro^r Offereth to the Court here his
reasons for his the said Roberts Appealeing from the Judgm^t of the
County Court of Ann Arrund^ll County aforesaid, ffor that the Rec-
ord and pceedings before Recited are manifest Erronious in this :
( I^st) In the Record Itt is sayd att a County Court of the R^t hono^ble
Charles &c Held Att the Ridge in Ann Arrund^ll County on the ninth
day of March in the fourth yeare of his Lops dominion &c Annoq
Domini 1679/80 &c Whereas if It bee the ninth of March 1679 It
was the fifth yeare of his Lopps dominion If the Ninth of March
1680 It is not yet Come W^ch for want of Laying a Certaine time
is Erro^r:
(2) Itt doth not appeare in the Record that the said William
Burges produced to the Court there his Letters of Adm^on of the
Estate of the said William Jones, by w^ch It might appeare to the
Court there that hee thereof had Adm^ron & soe Consequently became
Intituled to bring the accon aforesaid, and though this Erro^r after
Verdict is pticularly solved by the statute yet here being Noe Jury
nor verdict is apparent and Manifest Erro^r
(3) The Court gave Judgm^t for the debt Notwithstanding y
satisfaction was pleaded by the deft Upon the pits gen^ll Replicacon
Notwithstanding It does not appeare by the Record that the deft did
put himself Upon their Judgment or make any Submission to them,
and Notwithstanding Bird the Evidence Swore in open Court That
Procto^r had satisfyed Jones in his life time the said debt and that
Jones did acknowledge that the bill ought to bee Delivered Up, and
was at his death in debt to Procto^r seaven or Eight hundred pound
of Tobacco all w^cb is Erro^r :
(4) — Had they both submitted and referred it to the Court, & such
issue had been Joyned, & y^e Court had thought fit not to beleive Birds
Testimony, Yet the Receipt of the backside of the bill for thirteene
hundred Twenty five pounds of Tobacco ought to have been Al-

p. 266