368 Provincial Court Proceedings, 1679/80.

Liber W. C.

writt in this Suite was sued out the third day of September 1680
Returnable the ffifth day of October ffollowing, And the said The-
ophilus and Alice say That from the said Ninth day of August 1677
To the said Third day of September 1680 is three yeares and three
weekes, soe that the said accon of the said John and Elizabeth
against them in manner and forme aforesaid comenced is by the
Statute aforesaid barred, and this they are ready to averre, & there-
upon Demand Judgment if the aforesaid John and Elizabeth their
accon aforesaid against them ought to have, Whereupon the Said
plantiffes refuse to make any further prosecucon against the said
defandants in the plea aforesaid Therefore lit is Considered that
the said John Bird and Elizabeth his wife take nothing by their
writt aforesaid but bee in mercy for their false Claime thereupon,
and that The said Theophilus and Alice may goe thereof without day,
and that the said Theophilus Hacket and Alice his wife Recover
against the said John Bird & Elizabeth his wife Ex^ix as aforesaid the
sume of Nine hundred forty eight pounds of Tobacco for their
Costs and charges by them about their defence in this behalfe Layd
out and expended and the said Theophilus and Alice may have
thereof Execucon

Gerrard Slye
ag^t
Joshua Doyne

] Memorandum that the thirtyeth day of July in the
Ififth yeare of the Dominion of Charles Absolute
J Lord and Prop^ry of the Province of Maryland &

p. 337

Avalon Lord Baron of Baltemore &c Came Gerrard
Slye by Robert Ridgely his Attorney before Philip Calvert Esq
Chancello^rs of this Province, and prayed his Lopps writt of Erro^r to
him the said Gerrard Slye to bee granted, To the Justices of his
Lopps County Court of s^t Maryes County to bee directed. To require
them the said Justices of the said County Court of S^t Maryes
County to send before his Lopps Justices of his Provinciall Court
the Teno^r of the Record proceedings and judgment of the said
County Court of S^t Maryes County in a Cawse lately there depend-
ing betweene one certaine Joshua Doyne plantiffe and the said
Gerrard Slye defendant in a plea of Trespasse upon the case, The
Teno^r of w^ch writt followeth Viz
Charles absolute Lord and Prop^ry of the Provinces of Maryland
and Avalon Lord Baron of Baltemore &c To Our Comission™ of
S^t Maryes County Greeting. Because in the Record and processe as
also in the Rendring of Judgment before you in o^r sd Court manifest
Erro^r hath happened to the greate damage of the said Gerrard Slye
as by the greate Complaint of the said Gerrard wee have received,
Wee willing that the Erro^rs (if any bee) should in due manner bee
Corected, and full and speedy Justice to bee done to the said partyes
in this behalfe, Doe Comand you that the Record and Processe of
the said Judgment with all things touching the same, before our