324 Provincial Court Proceedings, 1679/80.

Liber W. C.

That the said Gerrard Slye the said Garrat Vanswearingen Did dis-
charge and release out of prisson for the said sume of Two Thousand
Eight hundred and Twelve pounds of Tobacco upon the Execucon
aforesaid at the suite of the said John England, by y* ord^r & direccon
of the said Stephen Davies Attorney of the same John England, in
manner and forme as the said Gerrard Slye hath above alledged,
W^ch verdict of the Jurors aforesaid being Read and heard the said
John England by his Attorney moved the Court here in arrest of
Judgment & prayed day untill the next Provinciall Court and Itt is
granted unto him, The same Day is given to the plantiffe Likewise

p. 296

Afterwards To witt the Eighteenth day of ffebruary in the Sixth
yeare of the Dominion of the Right Hono^ble Charles Lord Baltemore
&c Annoq Dominj 1680 Came the said partyes by their Attorneys
aforesaid, and the said John England by his said Attorney sayth
That Judgment ought to bee arrested ffor that the plt Declares in a
plea of Trespasse on the case against the deft as late Sheriff e of
S^t Maryes County for an Escape of Garrat Vanswearingen taken by
him upon a Capias ad satisfaciendum at the suite of the pft for Two
thousand Two hundred Seaventy six pounds of Tobacco and ffive
hundred thirty six pounds Costs of suite Executed the Tenth of
November 1678
The Deft pleads an agreement w^th Stephen Davis Attorney of the
pft that hee ingages to pay him the debt and costs and thereupon hee
ordered him to discharge the deft, and alledges hee paid him in
part thereof Eleaven hundred and Sixty one pounds of Tobacco,
and as to sixteen hundred nifty one pounds of Tobacco residue hee
alwayes was & still was ready &c
The plt Replyes that the said Gerrard Slye did not discharge the
said Garrat Vanswearingen by the order and Direccon of the s^d pits
Attorney Stephen Davis, and Upon this Issue was taken
( I^st) The Judgm^t ought to bee Arrested for that the plt never did
prove any such agreement w^th the said Stephen Davis, neither by the
oath of any person, nor had any thing to pduce under the hand of
the said Stephen that the said discharge was by his Order & direction
(2) That if nothing but hand and seale Can discharge hand &
seale, nor Nothing but Record Can discharge a Record, this being a
Judgm^t and after that Execucon. the same Could not bee discharged
but by some Instrument under hand and Seale to order the sheriffe
to discharge him, & to order satisfaccon to bee acknowledged upon
Record, and that not appearing the Jury ought not to have found
for the deft, & soe Consequently the Judgment ought to bee Arrested
(3) The Evidence to the pl^t sweares to a designe of Keeping the
pl^t out of his debt by giveing him his ffees hee owing the said
Garrat the Tobacco, w^ch is to the greate discourager of Trade in
this Province, and this Judgment being found against him by a
Verdict of a Jury will bee an absolute barre to him for the Eleaven