MARYLAND COURT OF APPEALS 189

ought not to have been rendred for the Debt certaine being only A penall
Sume for the performance of Certain Conditions the breach of Which con-
ditions ought to have been enquired into and the damages thereof Assessd
by A Jury without leaving the the [sic] plantiff to be his owne Carver to
Ascertaine to himself What damages he thought fitt and therefore for the
Court to give Judgment for the Sume Certaine without enquiring of the
damages aforesaid is contrary to the Statute in that case lately made Where-
fore its therein manifestly Erred And the said Renatus and Anthony Execu-
tors aforesaid pray the Writt of our Lady the Queen to Admonish the afore-
said Thomas Robins of being before the Honoble her Majestys president and
Councill to hear the record and process Aforesaid if etc. by Which etc.

W Bladen Att^ry per Qr

Whereupon orderd Scire Facias Issue accordingly the tenour whereof
followeth in these Words Viz^t

MARYLAND ss. Anne by the Grace of God of Great Brittain France
and Ireland Queen defender of the faith etc. To the Sheriff of Talbot
County Greeting Whereas in the Record and process as also in the rendring
of Judgment on A certain Action of Debt of Two hundred Eighty Eight
pounds Currant money of England lately brought in our Provinciall Court
by Thomas Robins Plantiff against Renatus Smith and Anthony Ivey Execu-
tors of the last Will and testament of Robert Smith late of Talbott County
Gentⁿ deceased otherwise called Robert Smith of Talbott County Esqr Mani-
fest Error is said to have happened to the Great damage of the said Renatus
and Anthony Executors as aforesaid as of their Complaint Wee have re-
ceived (Which said Error if any be) Wee being Willing to correct and to
do therein what to Justice apperteyneth [281] have lately caused the Record
and proceedings therein to be before our President and Councill of Mary-
land constituted A Court for hearing Appeals and regulating Writts of
Error Wee therefore Comand You that by Good and lawfull men of Your
Blalywick [sic] you cause to be made knowne to the said Thomas Robins that
he be and appear before our said President and Councill at the City of
Annapolis the Seaventeenth day of July next to hear the Record and Errors
aforesaid if to him it shall seem meet and to do and receive What our Court
shall consider in this behalf And have You then and there the names of the
persons before whom to him You cause to be made knowne the same and this
Writt Wittness Edward Lloyd Esqr our President and Chief Governour etc.
the 18^th day of Aprill in the 11^th Year of our Reigne etc. Annoque Dom 1712

W Bladen Att^ry per Quer Th Jones Clr Appeales etc.

On Which said Seaventeenth day of July aforesaid being the day of the
returne of the Writt of Scire facias aforesaid comes Foster Turbutt Sherriff
of Talbot County and makes returne of the Writt aforesaid to him directed
in these words Viz^t By Virtue of the Within Writt to me directed I humbly