MARYLAND COURT OF APPEALS 11

(to Salve the Said Breach) was produced a Bond wherein the Said Black-
mores name was mencioned but neither Signed nor Sealed by him, but
Signed and Sealed by one Thomas Tench; and then the Question was whether
that bond was a Sufficient bond within the lette[r] of the Said Clause, of the
Said Statute, and that Question being a meere Question in Law, and by Law,
not determinable by a Jury (Quia ad questionem Juris non respondent
Juratores;) the Jury having taken upon themselves the determination thereof
contrary to that Rule and Maxim of Law, who are only to trie matter of Fact,
renders their Verdict Vicious Especially when they have mistaken the law in
the Point in adjudging a bond Sufficient according to the Statute w^ch in Law
is not Soe, therefore the Judges ought not to have given Judgment upon the
Said Verdict and in doeing thereof have Erred, therefore their Judgment
ought to be reversed.

The Judgment is erronious in this that in the Entring up thereof It is
only Said, Therefore is considered by the Court here that the Said Edward
Randolph who as well etc. take nothing by his information afore Said but be
in mercy for his False clamour, and that the Said John Blackmore goe thereof
without Day, whereas to make the Entry Right and Free from Errour (as
may appear by the Book of Entries) it ought to be made thus, It is therefore
Considered that their Said Majesties, and the Said Edward Randolph who as
well etc. take nothing by the Said information, Therefore for want of a
Right Entry the Judgment is Erronious. It is Errour in this that in the Said
Judgment it is Said and the Said Edward in mercy, whereafs] he being their
Ma^ties cheif Officer of their Customes in this Province etc. The information
brough[t] by him as Such, and being Joyned with the King and Queen
therein Noe Misericordia lyes as may appear by the Book of Entryes in like
cases therefore the Said Judgm^t ought to be reversed, for Judging One in
Mercy, who by Law ought not to be Soe. [16] for all Which Errors and im-
perfections the Said Edward Randolph pray's that the Said Judgment may be
reversed, and he to what he has lost thereby may be restored.

George Plater

Then produced and read the following bond Viz^t

MARYLAND ss: Know all men by these p^rsents that wee John Blackmore
Comander of the Ship Ann and Thomas Tench of Ann Arrundell County
Esq^r are holden and firmly bound unto our Soveraign Lord and Lady King
William and Queen Mary etc: In the full and Just Sum of One Thousand
pounds Sterl: to be paid to their Ma^ties Their Heires and Success^rs to the
which payment well and truly to be made, We bind our Selves and Either
of us Our and Either of our Heires Ex^rs and Adm^rs in the whole and for the
whole Joyntly and Severally firmly by these p^rsents Sealed with our Seals and
Dated in Maryland the Twentieth day of July in the fifth Year of their Ma^tie8
Reign etc. Annoque Domi 1693: