414        Provincial Court Proceedings, 1683.

    Liber W. C. liberty to imparle hereunto untill the next Provinciall Court and
                it is granted unto him, and the same day is given to the plt also:
                  Att wch said next Provinciall Court to wit the thirtyeth day of
                June in the Eigth year of the Dominion of the Right honoble
                Charles Lord Baltemore &c. Annoq Doni 1683 came the said
                partyes by their Attorneys aforesaid and the said Thomas Sikes
                by his said Attorney sayth, That he the said Edward Maddox did
                not assume upon himself or to ye said Thomas sikes promise in
                manner and forme as the said Thomas hath above declared against
                him and of this he puts himself Upon the Country, And the Pit
                likewise Itt is therefore comanded the sheriffe of st Maryes County
                that he Cause to come here twelve &c. whome &c. and Who neither
                &c. to recognize &c. because aswell &c.
                  On wch said thirtyeth day of June in the yeare aforesaid Came
                the Said partyes by their Attorneys aforesaid and the Jurors Tm
                pannelled being called likewise came, to wit, Phillip Lynes Richard
                Keene, John Hungerford Richard Royston John Power Samuell
                Dobson, John Wilkenson Thomas Stonestreet, James Phillips
                Stephen Murty Dennis Hurley & Hugh Hopewell Who being elected
         p. 732 tryed and sworne to say the truth in the premisses Upon their
                Oathes doe say That the said Edward Maddox did assume upon
                himself, and to the said Thomas Sikes promise in manner and
                forme as the said Thomas hath above declared against him and
                that the Said Edward hath not well & perfectly cured the said
                Samuel Sikes according to his said promise and assumption, Wch
                verdict of the Jurors aforesaid being read and heard the said Edward
                Maddox by his Attorney aforesaid moved in arrest of Judgment
                and thereupon day is given unto both partyes untill the Last day
                of this Court.
                  Att wch day (to witt) the sixth day of June in the yeare afore
                said Came the ptyes aforesaid by their Attorneys aforesaid and the
                said Edward Maddox by his said Attorney offereth to the Court
                here his reasons for arresting the Judgment aforesaid wch are as
                folioweth Viz
                First) The deft Maddox sayth that notwithstanding any thing
                by the Jury above found Yett Judgment Ought not thereupon to
                be given ffor that it plainely appeares that the said samuel Sikes
                in the Declaration menconed did Languish with a disease Called
                a Noli me Tanegere, disease is by all Phisitians accompted in
                cureable & the Law will not oblige to imposibilityes, soe that to
                assume or warrant to perfectly cure such a disease is voyd in
                Lawe it being impossible It being a rule in Lawe that floe promise
                will oblige unless it be, ffirst honest, Secondly Law full & thirdly
                possible as in Dr & Student ffolio 102
                (Secondly) The plt hath declared that in Consideracon the plt
                would Lay the deft Two hundred & twenty foot of ffloores with