MARYLAND COURT OF APPEALS 51

afores^d pleaded is not Sufficient in Law to Destroy the Action of him the Said
Thomas against the Said Miles So as aforesaid Brought Rich^d Hill Esq^r
Disassenting thereunto.

Then Came the Said Miles Burrough by Philip Clark his Attorney and
Craved an Appeal to the Governo^r and Councill from the Judgm^t and Opin-
ion of this Court Given as aforesaid and it is Granted he the Said Miles have-
ing Given Security According to our Act of Assembly of this province in Such
Case made and provided

[Seale] True Copy W: Wriothesley Clk

[71] MARYLAND ss Reasons for the Appeale of Miles Burrough from the
Judgment of four of the Justices of the Provintiall Court Given Against him
upon a plea in Abatement of an Action brought by Thomas Tench Adm^r of
Lyonel Copley ag^t the Said Burrough

Imp^rs The Said Action being brought ag^t the Said Miles Burrough by
the Said Thomas upon An Acc^t for Severall Goods Sold by the Said Lyonell
to the Said Miles and upon Ballance of Acc^ts for the Said Goods and the
Ballance Sued for by the Deci being 48340 pounds of Tobb^a Whereas by the
State of the Acc^t to which the Declar referrs it Appears by the Said Tenches
own Shewing that the Balt Due att the time of the bringing the Action was
but 40510 pounds of Tobb^a So that the Declaration Charges the Said Bur-
rough with 7830 more then the Acc^t brought to Justify it and to which it
referrs and which is part of the Record will maintain, for which reason the
Said Miles pleaded in Abatement of the Action (as very well he might have-
ing all the Authors that ever Writt in our Laws upon that Subject of his Side,
out of Some whereof there ha[s] beed [sic] produced to the Court att least
fourty Authoritys in Pointe to Justify not onely that Abatement but also
Abatements for a farr less Matter the 783O¹ tobbacco which Cannot be Said
to be either a Mistake of the Clerk or Matter of Meer forme, But the Justices
of the Said Court (for what reason I will not p^rsume to Determine) over-
ruled the Said plea in Abatement one of them Asking the rest the Question
how the plf Should Come by his Debt in Case they Should Adjudge the plea
in Abatement Good, Soe that by Chancerising the Matter in a Court of Com-
mon Law, and Comeing to the Merritt of the Cause upon a plea in Abate-
ment and before it lay before them two things altogether New and Un-
known to Common Law Judicatures) and by Quite Deviateing from the
Course of the Law in the Court wherein they Sate Judges, they most Errone-
ously Adjudged the plea in Abatement not Good that is Say four of them,
all the rest being Absent Except M^r Richard Hill who Seeing the Irregu-
larity of their opinions would as Well to Posterity as for the present Make
it Appear that he was Clear of a Judgm^t [72] Against there had been So
many precedents produced to him in Open Court therefore he Desired his
Dissent might be Entred upon Record.