Provincial Court Proceedings, 1681/1682. 133

     Attorney aforesaid and according to the act of Assembly in that        Liber W. C.
     Case made and Provided Intituled an act for appeales and Regulate
     ing writts of Error. Offereth to the Court here for Cause and rea
     son of her the said Susanna's appealing from the Judgment of the
     said Court of Baltemore County aforesaid ffor that ye Record &
     Proceedings before Recited are manifestly Erroneous and Coran
     Non Judice:
     (1st):ffor that the pits by their Declareing that the said Mary have
     ing Served the sd susanna the full time of foure yeares as by
     Indenture may more at Large appeare, the wch time being Com
     pleated and Ended the Eight and Twentyeth day of september then
     last past & haveing then at that time Demanded her freedome she
     the said Susanna unjustly denyed the same & Wittingly forced the
     said Mary without her free will or Consent to Continue in the said
     susanna's Service from the Date aforesaid untill the 29th of Decem
     ber wch was three compleate Moneths. ffor for wch service she hath
     Demanded of the said Susanna the sume of ffoure hundred pounds
     of tobacco she unjustly refused to pay The said Susanna Sayth
     that the matter in Question arriseing upon the said action is whether
     she did unjustly Detaine or not, or whether she was free or not free
     or whether there was an Indenture or noe Indenture, & also touch
     ing the said Indenture of Servitude whether the same were a good
     Indenture & valid in Lawe or not All wch was not within the Juris
     diccon of the County Court of Baltemore nor could they hold
     plea thereof, and Soe the same matters in the Record aforesaid was
     Coram Non ludice
     (2dly) She saith that the said pits have not alleadged that they
     bring into Court here the said Indenture wch they Ought to have
     done that the same might there remaine and the Deft had Oyer
     thereof wch is Error
     (3dly) Itt doth not appeare that there was any proof made of ye
     said Indenture to warrant the Verdict aforesd soe that the Jury
     have Judged her free wthout Sufficient Proofe wch is Error
       And thereupon the said Susanna for the Causes and reasons
     aforesaid prayeth ye Proceedings aforesaid & Judgt thereupon may
     be Quashed adnulled and made Voyd & that she unto all wch by
     Occasion thereof hath Sustained may be restored
       And the said John Nicholls by Robert Ridgely his Attorney p.
     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 ye plt also:
       Now here att this day (to wit) the seaventh day of March in the
     seaventh yeare of the Dominion of the Right honobie Charles Lord
     Baltemore &Ca Annoq Dni. 1681 Came the said partyes by their
     Attorneys aforesaid And the said John Nicholls by his Said At
     torney Sayth: That the appeale of the said Susanna from the
     Judgmt of ye County Court of Baltemore County Given on the