MARYLAND COURT OF APPEALS 397

A Copy of Which foregoing Declaration was made and Sent with this
writt Issued with the Plea aforesaid

At Which Said Second Tuesday of November to Witt the 14^th day of the
Same Month Annoque Dom. 1721 being the day of the return of the Said
Writt Comes the Said Thomas Gassaway by his Attorney af^d And the Sher
of Ann Arundell County Likewise Comes and Makes return of the Said
Writt to him directed Endorsed in these Words Vizt. Cepi Copy Served in
Time

Henry Lazenby Sher

And the Said John Gresham Daniel Dulany and Thomas Humphrys by
Daniel Dulany their Attorney Come and Defend the force and Injury when
etc. and pray Leave to Imparle hereunto Untill Next Court and they have
it and the Same is given to the Plaintiff also. At which Said Next Court to
Witt the 13^th Day of March Anno Dom 1721 Come again as well the Said
Thomas Gassaway by his Attorney af^d as the Said John Gresham Daniel
Dulany and Thomas Humphrys by their Attorney aforesaid produce to the
Court here his Lordships writt of habeas Corpus the Tenour of which fol-
lows in these Words Viz^t

MARYLAND ss. Charles Absolute Lord and proprietor of the Provinces of
Maryland and Avalon Lord Baron of Baltemore etc. to the Justices and Sher
of of [sic] Annarundell County Greeting Whereas a Certain John Gresham
of Annarundell County Esq^r Daniel Dulany of Annarundell County Esq^r
and Thomas Humphrys of Annarundell County Gent als dicti John Gresham
Daniel Dulany and Thomas Humphrys are detained in the prison of our
Said County Under the Custody of you our Said Sheriff at the Suit of a Cer-
tain Thomas Gassaway in a plea of Debt for the Sum of Twelve Thousand
Six hundred and fifty four pounds of Tobacco Which Said plea as it is Said
Still depends before you our Said Justices Undetermined And we being
Willing for diverse causes that the plea afores^d Undetermined as af^d Shall be
heard and determined before the Justices of our Prov^l Court Therefore Com-
mand you that you have the bodys of the Said John Gresham Daniel Dulany
and Thomas Humphrys by whatsoever name they be called in the plea af^d
together with the day and Cause of their Caption and Detainer and all things
thereunto relating before the Justices of our Prov^l Court to be held at An-
napolis the Second Tuesday of Aprill Next that our Justices of our Said Prov^l
Court May further proceed as to Justice appertains etc. hereof fail not at
your peril and have you then there this Writt Wittness Samuel young Esq^r
Chief Justice of our Prov^l Court this 14^th Day of March in [603] the 7^th year
of our Dominion etc. Annoque Domini 1721

D Dulany Vachel Denton Clk
Allowed per Sam^l Young

Which being read and heard 'Tis Considered by the Court here that the