Provincial Court Proceedings, 1679/80. 403

the great damage of him the said William Sparkes and against the
peace &c and whereupon hee sayth hee is the worse and hath Damage
to the Vallue of ffifty Pounds sterT, and thereupon hee brings his
suite
Unlesse the Tennant in posession or they und^r whome he Claimes
doe the next Provinciall Court that is to say the the third day of
June next appeare to this Declaracon and make him or themselves
defts thereunto, and by Rule of Court Confesse the Lease Entry and
Ejectment and insist onely upon the Title The deft in this Declara-
con will Confesse Judgment, & posession will be delivered accord-
ingly to the Plantiffe
To Philip Lynes Tennant in posession of the p^rmisses
w^thin Mentioned

Liber W. C.

And the said Philip Lynes by Christopher Rousby his Attorney
Cometh and defendeth the force and injury when &c and Prayeth
Liberty to Imparle hereunto untill next Provinciall Court And it is
granted unto him the same day is given to the Plantiffe Likewise
Att w^ch said next Provinciall Court came the said partyes by their
Attorneys aforesaid, and in the same Cause Itt is Ordered by the
Consent of Robert Ridgely Attorney for the plt. and Christopher
Rousby Attorney for Philip Lynes, That the said Philip Lynes
should be admitted Deft, & that hee forthwith appeare and Receive
a Declaracon, and plead to it the Generall issue, And at the tryall
to be thereupon had The said Philip Lynes shall appeare in his
prop pson or by his Attorney and shall Confesse Lease Entry and
ejectm^t, or that in default thereof Judgm^t shall be Entred against
the said Defend^t W^m Harbert the Casuall Ejecto^r, But all further
prosecucon against him Shall cease untill the said Philip Lynes shall
make default in any of the p^rmisses, And It is further Ordered by
the Consent aforesaid that the said Philip Lynes shall not take any
advantage against the Plantiffe for not prosecuteing upon the Tryall
Occasioned by such default, but that the said Philip Lynes shall pay

to the Plantiffe the Costs by this Cnnrt tn he Taxed in this CaUSC,

and Itt is further ordered that the lesso^r to the Plantiffe shall bee
Charged w^th the payment of the Costs to the deft If any be Ad-
judged to him, And Day is thereupon given unto the said partyes
untill the Next Provinciall Court
Afterwards To witt the fourteenth day of ffebruary in the ffifth
yeare of the Dominion of the Right Hono^ble Charles Lord Balte-
more &c Annoq Dominj 1679 Came the said partyes by their At-
torneys aforesaid, and this Cawse standing at issue ready for Tryall
this present Court, but because Itt appeareth to the Court here that
the same is an accon of Ejectment and that it is Comenced by the
said William as Lessee to Henry Hardy against William Harbert
Casuall Ejecto^r, and the said Philip Lines who is the party Con-
cerned haveing named himself deft instead of the Casuall Ejecto^r

p. 370