Provincial Court Proceedings, 1681/1682. 125

     to his the said Edwards bringing his said action in this honoble       Liber W. C.
     Court, & not in the County where the Offence was Comitted Itt is
     pursuant to the said act of Assembly above by the said Edward in
     his Declaracon sett forth, said Act of Assembly Expressly
     Order & Limitts the Recovery of the fyne aforesaid to be had in
     any Court of Record in this Province, and as to the said Edwards
     not Alleadgeing in what County the offence was comitted Hee hath
     setting forth the same pursued the very words of the said Act of
     Assembly above recited wch Expressly forbidds the said Offence
     to be comitted within the Limitts of this Province, Allegacon is
     sufficient in this honoble Court haveing Jurisdiction unlimited over
     ye whole Province, And the said Edward who aswell &c further sayth
     that as to his the said Edwards who aswell &c takeing his Oath as
     above sett forth before the fileing of the Declaracon The not take
     ing of such an Oath is noc part of the Record but onely a direction
     to the Clerke that noe informacons be Received without an Oath,
     but noe barr to the sd Edwards action, As is in the Case adjudged in
     my Lord Crookes Reports in Easter the Ninth of King King Charles
     the first pht 32 :49 Whereupon the said Edward who aswell &c
     because the said Anthony Doth not in his plea aforesaid Denye
     the matter in the said Edwards Declaracon contained but admitteth
     the same to be true The said Edward Who aswell &c. Prayeth Judg
     ment for the said Two Thousand five hundred pounds of Tobacco
     being the Moyety aforesaid of the aforesaid ffive Thousand pounds
     of Tobacco to be allowed him &Ca
      And the said Anthony Demondadeir by his said Attorney saith
     that the Plea aforesaid of the said Edward Lunn in manner and
     forme above in his Replicacon Pleaded and the matter in ye same
     Contained is not sufficient in Lawe to maintaine the action aforesaid
     of the said Edward brought against the said Anthony To the said
     Anthony hath noe need nor by the Lawe of the Land is any way
     bound to answere Wherefore for want of a Sufficient Replication
     in this part the said Anthony as before prayes Judgment and that
     the said Edward from his action aforesaid against the said Anthony
     may be barred & forecluded &c.
      And the said Edward who aswell &Ca whereby hee sufficient matter
     in Lawe for him the said Edward to have & maintaine his said
     action against the said Anthony in his Replicacon above alleadged
     wch he is ready to verify, said matter the said Anthony doth not
     gainesay nor giveth any answere thereunto, but doth altogether
     refuse to admitt of that Justificacon, The said Edward who aswell
     &c as before prayeth Judgment & his Damages by reason of the said
     prmisses to be Adjudged unto him &c.
      And Now here att this Day to witt this Day (to wit) the seav
     enth day of March in ye seaventh yeare of the Dominion of the
     Right Honoble Charles Lord Baltemore absolute Lord and Propry &c