MARYLAND COURT OF APPEALS 113

Annoque Domini 1708 to which day the said Provinciall Court was ad-
journed by Virtue of her Majestys writt of Adjournment to that end from
the said fourth tuesday of November before her Majestys said Justices of the
said Provinc^ll Court at the City of Annapolis in Ann Arundell County
comes as Well the said Henry Bayley as the said Richard Cooper by their
Attorneys Aforesaid And the Justices of Assize before whom etc. sent here
there Record before them had in these words Viz⁽

[170] ss. Afterwards the day and place within contained before Thomas
Smith and phillemon Loyd Esqrs two of her Majestys Justices of our Provin-
ciall Court of this Province Assigned to hold the pleas of the same Court
being also Assigned to take the Assizes in Talbot County etc. came as Well
the within named Henry Bayley as the within Written Richard Cooper by
their Attorneys within containd and the Jurors of the Jury whereof is made
mention being Impannelld likewise calld came to witt Edward Elliot Jun^r
Rob^t Harrison Thomas Tate, Thomas Alexander, Thomas Martin, Jn^o
Baggs, Geo: Parrott William Parrott Anthony Evans, Thomas Spry Joseph
James and Maurice Giddings Who being Elected tryed and Sworne to speak
the truth concernning the within containd Say upon their Oaths that the said
Richard Cooper is Guilty of the trespass in the plantiffs declaration men-
tiond in Manner And forme as is declared against him And do Assess the
Summe of Eight pounds Sterling his damages by occasion of the premises
aforesaid by the Jurors aforesaid in form Aforesaid Assessed As also the
Summe of three thousand five hundred And Six pounds of tobacco by the
Court here Adjudgd unto him for his costs and Charges in this behalf laid
out and Expended and that he be taken etc.

Afterwards to witt the thirteenth day of July in the Eighth Year of the
reign of her Maj^ty etc. Annoque Domini 1709 The record and process of the
plea aforesaid with all things thereunto relating by Virtue of her Majestys
certain writt for correcting of Errors Whose date is the twelfth day of July
Instant to the Justices of her Maj^tys Provincial Court directed to the said
Richard Cooper relating, before her Maj^tys Governour and Councill of this
Province at their next meeting to hear Appeals and Writts of Error at the
City of Annapolis are sent etc. In Wittness Whereof the Seale of the said
Provinciall Court is hereunto Affixed per John Beale Clk

[Loc Sigil Provinc]

And now here at this day to Witt the Eleaventh day of Novemb^r An-
noque Dmi 1709 the Record and process aforesaid being here transmitted
before Edward Lloyd Esq^r her Maj^tys President and Governour and her
Honob Councill came as Well the said Richard Cooper by Wornell Hunt
his Attorney as the said Henry Bayley by William Bladen his Attorney and
the said Henry Bayley by his Attorney saith that on the Record and Proceed-
ings of the Provinciall Court aforesaid here transmitted Judg^t ought not to
be rendred thereon nor that the said Richard Cooper his Action aforesaid