Provincial Court Proceedings, 1681/1682.  121

    for the same, And is like the Case of an Assumpsit brought against         Liber W. C.
    an Executor for goods bought by his Testator & himself, wch can
    not to be in One accon And for that reason the same is also Vitious
    and Erronious
      And therefore for the reasons aforesaid the said Deft prayes
    that the said Judgment may be arrested, and that she the said Deft
    may have her Costs &ca

      Which Reasons aforesaid being Read and heard and by the Jus
    tices here fully understood & Dilligently Examined Itt seemeth to
    the same Justices here That the reasons aforesaid are insufficient in
    Lawe To arrest Judgment upon the Verdict of the Jury aforesaid,
    Therefore Itt is Considered by the Court here that the said Gerrard
    Slye Recover against the said Margarett Stagg Admrx as aforesaid
    aswell the sume of Two Thousand three hundred fifty foure
    pounds of Tobacco Damages by the Jurors aforesaid in forme afore
    said Assessed as also the sume of
    pounds of Tobacco for Costs of Suite, and the said Deft in mercy & ca

    Edward Lunn Who aswell &ca Anthony Demondadeire late of Bal
           agt          temore County gentt was attached to
    Anthony Demondadeire      answere unto Edward Lunn Who as-
       well for the Right Honoble The Lord
    Propry &c as for himself in this behalfe followeth &c. in a plea of
    Trespasse upon ye case
      And Whereupon the said Edward Lunn by George Parker his
    Attorney aswell for the Right Honoble the Lord Propry as for him
    self Complayneth. That Whereas by a Certaine Act of Assembly
    made att a Generall Assembly begunn and held at the Citty of
    st Maryes the fifteenth Day of May in the first yeare of the Domin
    ion of the Right Honoble Charles absolute Lord and Propry of the
    Provinces of Maryland &ca Annoq Doni. 1676 Itt was amongst
    other things Enacted by the Right Honoble the Lord Propry by and
    with the advice and Consent of the upper & Lower houses of that
    present Generall Assembly That all psons Who shall Desire marriage
    have liberty to apply themselves Either to the Preist Minister pastor
    or Magestrate for the contracting thereof, And Itt was further
    Enacted by the authority aforesaid That all persons within the
    Province of Maryland intending marriage should make Publication
    thereof Either in the Church or Chappell or County Court or meeting
    house next Where they Dwell & that at such times as such Church
    Chappell or Meeting house be full and thereby Capable to take
    Cognizance thereof, And that it shall and may be lawfull Upon
    Certificate had from the Preist Minister Pastor or County Court
    where Such Publication shall have been made, of three weekes
    after the said Publicacon ffor either Minister Pastor or Magestrate
    to Joyne in Marriage such persons as aforesaid, And if any prsume
    to Contract Marriage without such publicacon made and Certifficate