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362) thereof in peace untill y.e Judgm.t should be undone by attarict or by Errour And y.e Def.t averred y.t before y.e plts s.d bill of Comp.lt exhibited y.e plt brought his s.d Action in y.e pvin.ll C.rt ag.t y.e deft & upon a Legall & fair tryall there obtained a verdict & had Judgm.t thereupon with Costs of suit & also afterwards by virtue of a scire facias issued out of y.e s.d Court ag.t y.e s.d Brightwell y.e same Judgm.t was affirmed as by y.e Records of y.e s.d Judgm.t provinc.ll Court may appear wch Judgm.t y.e deft did aver was obtained before y.e s.d bill exhibited & yet remained in full force not undone by attarict or writt of Err.r And therefore y.e deft pleaded y.e s.d statute & Judgm.t in bar of y.e s.d Complts bill Farther he said y.t y.e design of y.e s.d bill was for relief in Matters properly determinable at law & y.e Complts grounded their Comp.lts upon y.e suggestion therein y.t y.e Complainant Brightwell did comence his action at law ag.t y.e deft for harbouring & conveying away y.e s.d Indian serv.t wherein he declared for 20000.ℓ tob dmgs in wch action Issue being joyned upon y.e Countrey y.e Jury y.t went out upon y.e matter whether through Ignorance partiallity or otherwise found for y.e deft To wch verdict y.e then plt appeared & Judgm.t was given ag.t him whereby (notwithstanding y.e palpable proofs y.t were then offerd & y.e confirmation of y.e same since y.e s.d Indian Man had been taken up y.e plt Brightwell was left remidiless ag.t y.e deft unless relieved in this Hon.ble Court To all wch y.e deft did dem.r for y.t of y.e plts own shewing there is not any sufficient Matter in equity suggested in y.e s.d bill whereof this Court ought to take Cognizance & y.e s.d Matters were properly determinable at Comon law for y.t in case y.e allegations of y.e plts bill were true y.t y.e Jury went ag.t their evidence or found for y.e deft through Ignorance or partiallity y.e s.d Brightwell might have made his application to y.e s.d Court where y.e s.d action was brought for a new tryall or moved in arrest of Judgm.t or for such other directions or Rule therein as he should think fit y.e Court being y.e proper Judges thereof or might have brought his attarict Writt of Errour or Appeal as y.e law of this province directs & for y.t this Court wherefore & for many other apparent defects in y.e s.d bill this deft did demur in law & demanded Judgm.t if he should be compelled to make any other or farther Answer to y.e s.d bill This Court therefore upon reading y.e s.d bill plea & dem.r & well weighing y.e Matters in y.e same contained & hearing what could be alledged by y.e Councill & attorneys or either side doth think fit & so order & decree y.t y.e s.d plea & dem.r put in by y.e s.d deft be & is hereby allowed to stand good & valid in law & y.t y.e s.d Complts bill be from henceforth absolutely dismisst with 2298.ℓ tob costs to be paid by y.e plts to y.e said def.t accordingly (signed) Hen.ry Jowles Chanc Richard |
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Chancery Court, Chancery Record, 1671-1712
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