Provincial Court Proceedings, 1682.     219

    Wells John Gray, Edward Abbot, Emanuel Ratliffe John Evans.            Liber W. C.
    John Wynne, Edward Morgan, John Martindale John Browne
    & Henry Morgan Who being elected tryed and sworne to
    say the truth in ye premisses upon their oathes Doe Say that the
    said Henry Johnson is guilty of the premisses above imposed upon
    him in manner and forme as the said James Mills above against
    him hath Complaineth Wch Verdict of the Jurors aforesaid being
    Read & heard the said Henry Johnson by his Attorney aforesaid
    moved the Court here in arrest of Judgment and prayed Day untill
    the next Provinciall Court and it is granted unto him the same day
    is given to the plt likewise
      Now here at this day to wit the Eighteenth day of October in
    the seaventh yeare of the Dominion of the Right honobie Charles
    Lord Baltemore &c. Annoq Doni 1682: Came the said James Mills
    by his Attorney aforesaid the said Henry Johnson by Thomas Bur
    ford his Attorney came also: And the said Henry Johnson by his
    Said Attorney sayth, That the plt declares against the deft for that
    he the Tenth day of ffebruary 1677 being posessed of a Briggantine
    with Mastes Sayles and Rigging of the vallue of ifourteene thou-         p. 573
    sand pounds of Tobacco The same the deft did take and Carry
    away & hath Converted her to his owne use &c.
      To this the deft pleaded the Generall issue & gave for speciall
    matter in Evidence two Records of two Judgments Recovered by
    the plt the 14th day of March 1678 against the deft amounting with
    costs to the sume of ffourteen thousand Seaventy pounds of tobacco
    for the very same Briggantine & sayles
      The Judgment ought to be arrested for that the Judgment for
    eight thousand pounds of tobacco Recovered by the plt in an action
    of Trespasse the 14th March 1678 brought for takeing the Brigan
    tine &c. is the full vallue of the Briggantine And the Judgment for
    One thousand pounds of Tobacco Recovered by the plt in an Accon
    of Trespas the same fourteenth day of March 1678 brought for
    takeing the Sayles &c. is the full vallue of the Sayles of the sd
    Briggantine And soe the said James the plt is already satisfyed by
    the deft the full vallue of the said Briggantine & sales & his damages
    by reason of Johnsons takeing her away And therefore for the
    Reason aforesaid the deft prayeth the Judgment may be arrested
    And the Deft have his Costs
      Wch being read and heard Itt seemeth to the Justices here that
    the Reason aforesaid is sufficient in Lawe to Arrest Judgemt upon
    the verdict of the Jurors aforesaid Therefore It is Considered that
    Judgment upon the verdict of the Jurors aforesaid be Arrested And
    that the said James Mills take nothing by his writ aforesaid but
    be in Mercy for his false Clayme thereon And that the said Henry
    Johnson goe from thence without Day And that the said Henry
    Johnson Recover against the Said James Mills the Sume of One