Provincial Court Proceedings, 1679. 69

claimed by the plantiffe & Hogsdowne taken up in 1669 by the said
southerne and by him sould to one Gerrard in Virginia, and now in
the posession of one Gerrard and Hill, That the said Two hundred
and fifty acres claymed by the said Defend^t was surveyed by a Com-
mon Warrant & taken up of land formerly surveyed and lay betweene
the said plantiffes Land called Horseys Baliwick Surveyed by Stephen
Horsey and Hogsdowne, and therefore the said survey was Voyd
and the Grant thereof being pattent upon patient without recitall
of the first and could not nor Ought not to prejudice y^e sd pl^t the
said plantiffe objected ag^t any Jury upon the Land for that the
matter ought to bee tryed by a Jury at the Barr hee haveing nothing
but Record, for his Evidence against which there can bee noe Aver-
ment, but the said Defendant craveing a resurvey of Horseys Bali-
wick f ormely surveyed by Stephen Horsey the Court thought fitt at the
Defend^t3 request to order that the same bee laid out according to the
ancient bounds thereof by the surveyor of Somersett County who
is hereby appointed impowered and comanded to lay out the same in
the presence of the sheriffe of the said County Who is hereby co-
manded & impowrd to sumons a Jury of the Neighbourhood, Pro-
vided that the said surveyo^r and Jury Cause the said Land called
Horseys Baliwick surveyed for the said Stephen Horsey and the
said parcell of Land called Hogsdowne surveyed Anno 1669 for the
said southerne to Joyne one to another, and that they returne a Cer-
tificate of theire proceedings herein to the Court here on the tenth
day of ffebruary next under the hand and seale of the surveyo^r sher-
iffe & Jurors aforesaid that soe his Lordships Justices being fully
informed of the truth of the premises may doe herein as to Justice
apperteynes,

Liber W. C.

To the R^t Hono^ble Charles absolute Lord and Proprietary of this
Province (of Maryland)
The humble Peticon of Sam^ll Raspine of Charles County ffacto^r
& Ajent of Nicholas Page Thomas Welbourne & Amos
Bonvile Merchants
Humbly Sheweth
Unto your Lords^pp, that the said Thomas Welbourne Nicholas
Page and Amos Bonvile obtained Judgm^t against one John Saunders
of the said County, att a Provinciall Court held the eighteenth day of
June Annoq Domini 1678, for the sume of ffif ty two thousand pounds
of Tobacco and Costs of suite, And did thereupon Issue out Execu-
tion to the sheriffe of the said Charles County, the said John
Saunders then being in custody of the said sheriffe for want of spe-
ciall Bayle upon a certaine Accon comenced against him by one John
Machine of the Kingdome of England But before the said sheriffe
received the said Execution, as hee returnes, the said Saunders out of
the custody of the said sheriffe made his escape Leaveing a consid-

p. 64