MARYLAND COURT OF APPEALS 277

Suine your Excy was pleased to adjudge y^r pet^r in full Satisfaction of his claime
long before any Chancery Suit was Commenced as well as during the Con-
tinuance of it which the Said Gresham refused That is [sic] plainly appears
y^r pet^r had cause to Sue the Said Gresham's Bond of Sheriffalty at law where
the s^d Gresham Suffered Judgment to go by Default That if y^r pet^r Executed
him on that Judgment ag^t the plainest Equity it could be only deemed the
Consequence of his own neglect, In which case his Relief ag^t his own neglect
ought not to be (as y^t petitioner with all due Submission takes it) at y^r pet^rs
Cost, nor your petitioner Subjected to pay interest for what he recovered in
the Queen's name and held by due Course of Law, nor to refund what the
said Gresham rather chused to pay than the Tobacco Since the Tobacco was
the Species due and recovered and the money only the price agreed to be
paid by the Said Gresham to pay his Tobacco, Nor that if your pet^r8 whole
claime had been paid only leaving the interest, unpaid Yet that therefore
the Interest being only what is just and legall should be therefore [424]
abated being due on the Crown's bond, Nor that the Said Gresham Should
be Exempt from paying your pet^r all the costs and charges he has been put
to by neglecting his Defence in the Provincial Court and refusing to pay y^r
pet^r what he offered to accept in full discharge of his Claime before he exe-
cuted the Said Gresham which was no more Than y^r Excellency found to be
your petitioners due after rating his Tobacco at ten shillings per hundred.
Your petitioner therefore Humbly prays that your Excellency will be pleased
on a rehearing of the Said Matters to dismiss the Said Complainants Bill
with reasonable Costs.

And your pet^r as in duty bound shall pray etc.

Th Bordley per se

To his Excellency John Hart Esq^r Governour of Maryland and Keeper
of the Great Seale thereof.
Sheweth

That your petitioner heretofore preferr'd his humble petition to your
Excellency for rehearing of the cause betwix^t a certain John Gresham Com-
plainant and your petitioner Defendant for the Severall matters and causes
therein Assigned to which petition lodged in this high and Hon^rble Court
he prays leave to referr that Since the time of preferring the Said petition the
Act of Assembly for granting Appeals from Chancery Court to the Governour
and Councill takes place which at the time of your petitioners praying a re-
hearing he could not have the benefit of the twelue months therein Men-
tioned not being then expired, tho he conceived his proper remedy to be
by Appeale.

Wherefore your petitioner Humbly prays that relinquishing his rehear-
ing before your Excellency Solely as Chanceller) your Excy will be pleased
to grant him an Appeale to y^r Excy and Councill according to the act afores^d