462 Proceedings of the Council of Maryland, 1681-85/6.

Lib. R. R. R.

Philip Lynes defence ag^t Doynes compl^t
Memdu.

Came M^r Philip Lynes of Charles County and humbly
prayed Oyer of the Complaint exhibited to this board ag^t him
by M^r Robert Doyne Sheriff of the said County the 23^th day
of ffeb^ry last, setting forth that he the said Lynes had made his
escape from the said Sheriff when taken in execution, by
meanes whereof the said Sheriff had procured the speciall ord^r
of this board to take him the s^d Lynes again into his custody
in any part of the Province.
Which said Complaint being read, and the s^d Doyne also
present he did alledge that true it was he had upon his appli-
cation to their Hono" obteined favourably the ord^r of this
board for the retakeing of the said Lynes who had escaped
from him, that he had made his returne thereof to the Prov^ll
Court by having the body of the s^d Lynes before his L^sps Jus-
tices there according to the teno^r of his precept, and if in soe
doeing he have illegally proceeded to the damage of the s^d
Lynes, The said Lynes hath his remedy at Law against him.

p. 314

The said Lynes alledgeth that Henry Hardy of Charles
County The Receiver of him the said Lynes did come to the
s^d Lynes house, and in a huffing manner told him that in the
name of the R^t hon^ble the Lord Prop^ry he did arrest him, with-
out shewing either writt or Deputation, or declareing at whose
suite, whereat the said Lynes, not knowing him to be any
Officer of the Sheriffes, but a servant of his owne employed
by him, tooke occasion its true to correct him and turne him
out of doores.
The said Doyne affirmes that the said Lynes was legally
served with an Execution by his Lawfull Officer Henry Hardy
w^ch he cann proove sufficiently and therefore insists upon the
returne by him made of the ord^r of this board, wherein if he
have wronged the said Lynes, he hath his remedy at law.

Councills Result cone: M^r Doynes returne

Resolved that the returne made by the s^d Sheriff M^r Robert
Doyne by vertue of the ord^r of this board must be accepted as
good at present, and that the said Lynes remaine a prisoner
untill next Court; and then if the said Doyne cann proove the
writt legally served, and that his Dep^ty Henry Hardy espe-
cially appointed did in presence of others produce his writt
and Deputation, the same to stand good, if not the s^d Lynes
hath his remedy at Law.