Provincial Court Proceedings, 1678. 5

said plaintiffe above against him hath complained & of this he putts
himselfe upon the Countrey And the plaintiffe also Therefore itt is
comanded the Sheriffe of S^t Maryes County that he cause to come
here twelve &c by whom &c and who neither &c To recognize &c
because aswell &c Att which said twelfth day of October in the yeare
aforesaid came the said partyes by their Attorneys aforesaid And
the Jurors impannelled being called likewise came to witt Richard
Boughton, Robert Mason, Thomas Doxey, John Doxey, James
Rumsey, Tho: Bowdle, Tho: Osbrone, Lewis Blangy, Tho. Ball,
Henry Howard, Tho: Gilbert & Richard Hodgson — who being
elected tryed & sworne to say the truth in the p^rmisses upon their
Oaths doe say that the said Henry Johnson is guilty of the trespas
above imposed upon him in manner & forme as the plaintiffe above
against him hath declared Which Verdict of the Jurors aforesaid
being read & heard; the Defend^t by his Attorney aforesaid moved
the Court here in Arrest of judgem^t whereupon day was given to the
Defend^t untill Munday the fourteenth day of the same month of
October to putt in his reasons for the Arresting the judgem^t the
same day is giuen to the plaintiffe also ~ On which said fourteenth
day of October came aswell the said plaintiffe as the said Defend^t
by their Attorneys aforesaid And the Defend^t by his said Attorney
putt in his reasons for Arrest of the judgem^t aforesaid which are as
followes Viz^t
Arrest of judgem^t for the Defend^t
1 Because itt was not proved by any one of all the plaintiffes Witt-
nesses that he paid the Defend^t so much as one pound of tobacco for
the Brigantine And itt was proved by the plaintiffes Wittnesses that
Mills released the bargaine to Johnson, he paying downe what Mills
had paid him for the Brigantine, And that not being proved or
shewed to be any thing att all, those words paying him downe what
he had paid, were idle & Superfluous words And the release of the
bargaine is good notwithstanding, for the rule or Maxime is Utile
per inutile non Vitiatur
2 The judgem^t ought to be Arrested, because Doctor Ireland the
material Witnes for the Defend^t was not admitted to be sworne, upon
pretence that he is a party concerned, haveing a bill of sale & posses-
sion of the Brigantine, which is no sufficient ground to barr his
Evidence in the case, for he shall neither receive profit nor losse by
the judgem^t which way soever itt goes, for the trespas is only in
question And the plaintiffe (if judgem^t passe for him) shall only
recover damages, but shall never have possession by this action.
Vide compleat Attorney fol. 41

Liber N N

3 The plaintiffe or his Attorney have not sued out a Venire facias
in this case directed to the Sheriffe of S^t Maryes or any other County
to Sumon a jury for the said tryall which alone is sufficient Error
to Arrest the judgem^t — Which being read & heard itt is the judgem^t

p. 680