Provincial Court Proceedings, 1682.     285

        Now here at this day (to wit) the Eighteenth day of October in Liber W. C.
      the Seaventh yeare of the Dominion of the Rtt honoble Charles Lord
      Baltemore &Ca Annoq Doni 1682 Came the Said Griffith Jones in
      his proper person and the Said Richard Jones by Thomas Burford
      his Attorney And the Said Griffith according to the Act of Assem
      bly in that Case made and provided Entituled an Act for appeales
      and Regulateing writts of Error Offereth to the Court here for
      Cause and reason of his the Said Griffiths appealeing from the
      Judgment of the said County Court of Talbot County aforesaid
      ffor that the Record and proceedings before recited are manifestly
      erroneous as followeth
      (First) Itt is manifestly Erroneous in that there is Variance
      betweene the writ & Declaracon for that the writ Sayth That you
      Sumons the personall appearance of Griffith Jones Soc that he be
      and appeare before Our Justices of our next Court to be held for Tal
      bot County the third Tuesday in January next to answere unto
      Richard Jones in a plea of Trespasse upon the Case And the
      Declaration sayth Griffith Jones gentl one of the Attorneys of
      this Court was Sumoned to answere Richard Jones of a plea that
      he render to the Said Richard Divers goods and Marchandizes wch
      to him he oweth and unjustly detaineth Soc that the writ doth not
      Warrant the Declaracon aforesaid wch is Error:
      (Secondly) The Said Richard Jones in and by his said Declaracon
      Sayth that the said Richard Jones is Sued for divers goods and
      Marchandizes wch to him he oweth & unjustly Detaineth and De
      clared upon an Assumpsitt wch is Certainly Error
      (Thirdly) Itt appeareth by the Record and proceedings aforesaid
      that the said Griffith Jones did file his Demurrer to the Declaration of
      the said Richard, but it doth not appeare that the Said Richard did
      Joyne in the said Demurrer without wch the Law Could not give
      Judgment it being Coram non Judice wch is Error
      (Fourthly) Itt appeares by the Record and Proceedings aforesaid
      that the Court gave Judgment against the said Griffith upon the
      Overruleing his sd Demurrer Whereas he ought to have Liberty
      given him to put in a New plea that the Merritts of the Cause
      might have been heard wch is Error
        And thereupon the said Griffith Jones Sayth that in the Record
      and Processe aforesaid there is manifest Error And for the Reasons
      aforesaid and others therein contained he prayeth that ye proceed
      ings aforesaid & Judgment thereupon may be Quashed Reversed
      adnulled & made Voyd and that he unto all things wch by Occasion
      thereof he half sustained may be restored
        And the said Richard Jones by his said Attorney Sayth that in
      the Record & processe aforesaid & also in the Rendering the Judg
      ment aforesaid Itt is in nothing Erred And Prayeth that this Court
      will proceed aswell to the hearing and Examination of the Record