Provincial Court Proceedings, 1679/80. 371

And the said Gerrard Slye by Robert Ridgely his Attorney Com-
eth and defendeth the force and injury when &c And the said Ger-
rard sayth That the aforesaid Joshua his accon aforesaid against
the said Gerrard in this Court cannot mainteyne Because hee sayth
that the same is not within the Jurisdiccon of this Court nor Can
this Court hold plea thereof, and this hee is ready to averre. and
thereupon demands Judgment of the Court if the aforesaid Joshua
his accon aforesaid in the Court aforesaid Can Maintaine
Ridgely p Deft
And the plaintiffe alsoe — Rob: Carvile
Whereupon Itt was the Judgment of the Court that the accon
is win the Jurisdiccon of the Court
Now here att this day to witt the Twentyeth day of Novemb^r
in the fourth yeare of the Dominion of Charles &c Annoq Dominj
1679 Came the said Joshua Doyne by his Attorney aforesaid and
Offered himselfe against the said Gerrard Slye in the plea aforesaid
but the said Gerrard slye Came not but made default, Therefore
Itt is Considered by the Court here that the said Joshua Doyne
Recover against the said Gerrard Slye aswell the sume of One
thousand sixty nine pounds of Tobacco Damages occasioned by the
Trespas aforesaid As also the sume of Two hundred seaventy seaven
pounds of Tobacco Costs of suite
Coppyed from the Records this third day of
September 1680
p Thomas Grunwyn Clke
Subscribed and sealed by us und^rwritten
Comission" of S^t Maryes County Viz
Richard lLoyd (: sealed) Thomas Mudd (sealed)
Clement Hill (. sealed) John Dent (sealed)
And the said Gerrard Slye sayth That in the Record and processe
aforesaid as in the Rendring of Judgment aforesaid Itt is Erred in
this, In that the Comission from the Right hono^ble the Lord Prop^ry to
the said Justices of the said County Court of St Maryes County Did

Liber W. C.

give them noe other Power then to heare and determine all Cawses
and accons of debt whether by Bond bill or account or Trespasse upon
the case ariseing from an account Whereas the said accon of the said
Joshua Doyne against the Said Gerrard Slye was an accon of Tres-
passe upon the case against the said Gerrard Slye late sheriffe of
S^t Maryes County for a Misfeazance in his Office, viz, for the Escape
of one Nathanael ffisher, and was not within the said Justices Co-
mission to try Nor Could that Court hold plea thereof, and the Over-
ruleing the said Gerrard Slyes plea to the Jurisdiccon of the said
Court in the said proceedings recited, and the Judgment given in the
said Cawse being Coram non Indice is manifest Erro^r :
And the said Gerrard Slye Prayeth That the Judgment aforesaid
for those Erro™ and others in the Record and Processe aforesaid be

p. 340