446 MARYLAND COURT OF APPEALS
dition because it was my Duty So to do my Client lying in Jayle and having
no other dependance for his relief than on my dilligent Service to help him
Speedily to his due that was adjudged him there being no Writt of Error
brought as Mr Forward has most falsly Alledged in his petition to his Majesty
in Council but Execution was ordered issued and Served before any Security
given. It is Common to pray and have Appeals granted giving Security but
rests in the Choice of the Appellant whether he will give any Security or
prosecute his Appeale or no which they often do not after Such prayer I
Whispered because I had not amind it Should be known to the Defendant or
his Attorneys that a Writt Was Issuing Against him and believe it would have
been a perfidious breach of my Duty if I had given the Defendant or any
Defendant Notice Against my Clients Interest when I order them to be Ar-
rested. And I believe it never was Deemed the Duty of any Attorney to tell
those he issued Executions agt of his So doing That Powlson Endorst me the
bills of Exchange (which he Came Lawfully by) according to the Law and
Custome of Merchants and on the Creditt of Cockey the Drawer I paid Powl-
son the Value and had the Bills and Right to them by the Same Law and
Custome. And I beg Leave to observe to your Honour that I give you this
Answer as a Complyance in Complaisance to what your [sic] has been pleased
to Ask But that I have no Necessity of answering on any other Consideration.
And I hope your Honour will Construe it Accordingly And I beg leave to
Observe to your Honour that if any Controversy happens to me you you [sic]
may perhaps be a Judge in the Case and I am unaquainted With any Coher-
ence betwixt that office and the proposing Interrogatores on the behalf of a
party; But in this as in all other Cases When my right is not too plainly
invaded I Shall rather indeavour to pay obedience than object to your Hon-
ours pleasure. I am now in the midst of a Cause and Understand your Hon-
ours waits for my answer therefore I am oblidged to reserve to my Selfe an
Exception of being in anywise Concluded by my answer or of being Debared
the Liberty of Adding to or Explaining it According to truth When Time
Will allow or Occasion may require I am Your Honours obedient Servant.
Thos Bordley. From the Chancery Court. Feb: i9th 1724. In answer to
Interrogatories received the Same Day.
To his Honour the Governour.
Per the Clk of the Court of Appeals.
The Court adjourns till to Morrow morning 8 of the Clock. Febry Satur-
day the 20th 1724/5. The Court meet According to Adjournment. Present
as yesterday.
This day Mr Bordley gave in to this Court a Letter by Way of answer
and Explanation of his Letter of Yesterday Which is ordered to be entered
Sir. On Considering this morning my hasty Answer Returned Yesterday to
your Honours Interrogatories I find it Necessary to give your Honour an
|