140      Provincial Court Proceedings, 1681/1682.

      Liber W.C.  (6): Its: Error in that the Jury found for the Deft Costs of
                  suite Whereas by Lawe Noe plt Exr or Adr is to pay any Costs
                  besides his owne Costs:
                  (7):Its: Error in that it appeares by the Record that after the
                  Jury had found for the deft it doth not appeare by the said Record
                  that the Court ever gave any Judgment for the said Deft upon the
                  said Verdict Nor was ever any Judgmt Entered upon ye said Record
                  (8) Itts Error in that it appeares by the said Record & proceed
                  ings that after the Juryes verdict & before any Judgment of the
                  said Court given upon the same that there was a New writ Issued
                  forth by order of Court. the Deft had a New referrence a New
                  Declaracon filed, & the plt & Deft sayes the Record willingly
                  Joyne Issue & put themselves upon the Court, but yet by the said
                  Record It appeares not what that issue was Yet the Court gave
                  Judgment wth Costs of suite for the deft the Plantiffe being an
                  Administrator plantiffe, & all this New matter while the old suite
                  was depending Contrary to the maxim Prudente lite nihil inovetur
                  (9) Its Error in that it appeares by the said Record that though
                  Judgment was given against the Plantiffe Yett he was not amerced
                  Whereas in every Case the plantiffe or deft ought to be in Misere
                  Cordia or cap: unlesse the Deft comes the first day and con fesse
                  Judgment to the action
                   And thereupon the said Peter and Elizabeth for the Causes and
                  Errors aforesaid prayeth that the Proceedings aforesaid and Judg
                  mentt thereupon may be Quashed adnulled and made Voyd
           p. 514 And that they unto all things wch by occasion thereof they have
                  Lost may be Restored And the said Thomas Preston by Robert
                  Ridgely his Attorney cometh and defendeth the force and Injury
                  when &c and Prayeth Liberty to imparle hereunto untill next Provin
                  ciall Court and it is Granted unto him the same Day is given to the
                  Plantiffes Likewise
                   Now here at this Day (to wit) the seaventh day of March in the
                  Seaventh yeare of the Dominion of the Rt honoble Charles Lord
                  Baltemore &c. Annoq Doni. 1681 Came the sd Parties by their At
                  torneys aforesaid. And the said Thomas Preston by his said Attor
                  ney prayed the Hearing of the Record and Processe & also of the
                  Errors aforesaid & they are read unto him wth being Read and heard
                  the said Thomas Preston sayth that in the Record and Processe
                  aforesaid made in the Giveing of Judgment aforesaid it is in noth
                  ing Erred & Prayed that the Court here Proceede aswell to the
                  Examination of the Record & the Processe as the Causes aforesaid
                  for Errors alleadged & that the Judgment aforesaid in all things may
                  be affirmed
                   And hereupon the the Record and Processe aforesaid to the
                  Rendering the Judgmt thereupon & the aforesaid Causes and mat
                  ters by the aforesaid Plantiffes for Errors assigned, and the defts
                  answere thereunto being seene and heard, and by the Justices here