MARYLAND COURT OF APPEALS 27

s^a Thomas after the death of the s^d Lyonell for which he ought to have
brought a separate Action, and that in his owne Name and not as Adminis-
trator of the s^d Copley, for that was a Debt made by himself and therefore
could not be coupled in one Action with the Debts made by the s^d Copley
in his life time, therefore Erronious. Which s^d Reason being fully Argued
and Debated vpon before our s^d Govern^r and Councill by the Attorneys on

both sides, And forasmuch as it hath been adjudged by our s^d Court, to wit,

the Eigth day of Octobe^r Anno 1696. That out of the s^d Error Assigned
does Arise matter of Fact which lyes not properly before them to Inq^r We
do therefore Command that without delay you Cause the s^d Fact to be in-
quired into before you by a Jury of Twelve good and legall Men for that
purpose to be Elected and Chosen and that you cause the Proceedings thereof
to be transmitted to our s^d Govern^r and Councill, together with this precept,
with all convenient speed, to the end such further Proceedings thereon may
be made as to Law and Justice appurtaineth; Witness our Trusty and well
beloved Francis Nicholson Esq Chief Justice of our s^d Court and Cap^t Gen^ll
and Govern^r in Chief in and over our s^d Province and Territory of Maryland.

Per Cur Hen: Denton Clk Concil per Appeals etc.

William Parker ag^t George Lingan Adm^r etc. of John Abington, dec^d
Vpon a Writ of Error before his Ex^ncy the Govern^r and Councill etc.

The Attorney for the Defendant humbly Moves that having obtained
Judgm^t in the Provinciall Court against the s^d William Parker some time in
May last, for the Summ of Seaventy Eight p^ds two shillings and six pence
ster. a certain Debt for damages vpon a protested Bill of Exchange, together
with Six hundred twenty Four pounds of Tobacco Cost of Suit; the s^d Wil-
liam Parker did afterwards sue forth a Writ of Error [45] out of his Ma^tB
high Court of Chancery returnable before his Excell the Govern^ll and Coun-
cill etc: bearing Date the i8^th day of June after, to Correct Errors on the s^d
Judgm^t and that the s^d Lingan had been served with a supersedeas for stay
of Execution therevpon, therefore desired to know if any Proceedings had
been transmitted before this hono^bte Court thereabout, Wherevpon the Clerk
being Examined, does say that no.such Transcript nor Writ of Error has been
transmitted; it is therefore considered and Ordered by this Court, to wit, this
Ninth day of October Anno 1696 that the s^d Cause be hence dismissed, and
that the Writ of Error and supersedeas thereon be set aside and held for
naught, and that a procedendo hence issue directable to the Justices of the
Provinciall Court for to proceed vpon the former Judgment and to award
Execution thereon as fully and amply as if the s^d Writ of Error and super-
sedeas had never been issued and further that the s^d George Lingan Adm^r
etc: Recover against the s^d William Parker the Summe of pounds of
Tobacco by the Court here Adjudged for his Costs and Charges in this be-
half laid out and expended, and that he have thereof Execution