1 1 4 Proceedings of the Council of Maryland, 1696/7-98.

           Lib. H. D.     All the fore- Ordered that all the foregoing Papers Vizt the

                 going papers . —

                 touching Mr Peticon of Wm Sharp the Writ of Error and the

                 Sharp Referr'd Oaths Endorsed together with the Minuite of the

                 Lawyers for Councill the Ordr of Referrence and Lawyers

                 their Opinion Report thereon be all Referr'd to the Kings

                 to be given whether the Lawyers for them to make Report upon the whole

                 Writ of Error matter whether the sd Writ of Error ought to be

                  ought to be deemed legall   adjudged deemed and taken for legall and

                         Authentick or not.

                Upon Motion     Mr Sollicitor Genll moves in behalf of his Maty

                of Mr Sollicitr

                Genii the that he has some Reasons to Offer, why the Writt

                Caseof Error and Supersedeas obtain'd by Wm Sharpe

                concerning                                d

                Mr Sharp's     upon the Judgmt afores given against him at the

                Writ of Error  Suit of his Maty for 1000 ll Sterl. ought to be null

                Order'd to be Argued     & void praying that he may have Some Small

                 before the Govr & time to doe it which is granted accordingly and

                 Councill as a Ordered thereupon that the Lawyrs prepare them-

                 Court &ca selves against Night to attend his Exncy and

                 Councill who then Intend to Sit as a Court to hear all matters

                 in that Court now lying before them.

              P 495 Ordered that the Sherriff be here with the sd Sharp, this

                 Night to hear the sd Reasons Argued.

                         To his Exncy the Govr & Councill &ca

                 Kings Lawyers Vpon Consideracon of this matter, and the

                  whole State of the Case I humbly Conceive that

                 Case,   if Mr Sharp had Petition'd yor EXnCY that he was

                 taken in Execution for a Judgmt obtain'd agt him upon which

                 he had Sued forth a Writt of Error and given Security

                 thereon, but before the Same could issue he was taken in

                 Execution and yet his security and Self lay Engaged and the

                 Writt of Error Sued forth therefore had humbly besought yor

                 Exncy Either to hear and Determine the matter of Error he

                 had to Assign immediately in favour of liberty or else to take

                 such further security of him to be Answerable to Justice in

                 Case the matter in Law should be adjudged against him

                 thereon, yor Exncy might with advice of the Councill have

                 granted Either Prayer but as to the Writt of Error I cannot

                 say it is legall though It may be legally Granted bccausc I

                 have seen it and Conceive it Imperfect in fform and therefore

                I take it to be abateable. I am    Yor Obedient Servant

                                          Wm Dent

                   The Writ of Error being defective in form no advantage

                can be taken therein.           George Plater.