522 MARYLAND COURT OF APPEALS

Thomas Cockey William Rogers James Govane [714] Patrick Sympson of
Annarundell County Gent and John Cockey of Baltemore County Gent his
Securitys in the Penal Sum of Three Thousand Pounds Sterling Payable to
the Said Bordley on Condition to prosecute with Effect an Appeale Entered
to be Brought before his Majesty and Council from the Last Judgment Ob-
tained as af^d and to pay and Satisfye unto the Said Bordley fourteen hundred
and forty Pounds Sterling And Seven hundred and Sixty Nine Pounds To-
bacco debt and Cost Recovered by Said Bordley Against your Petitioner in
the Provincial Court together with the Cost that had been Adjudged in the
S^d high Court of Appeals and Errors and Shall be Awarded by his Majesty
in Council to be paid to Said Bordley by your Petitioner in Case the Said
Judgment of the Court of Appeals Should be Affirmed which Said Security
was Approved of by the Said Court of Appeals and the Appeale On the Said
fourth Day of June was thereupon granted That on the allowance of the af^d
Appeale Altho the Said Thomas Bordley was present in Court and Ninian
Mariarte Son to Daniel Mariarte Gent. High Sherriff of Annarundell County
One of the Under Sherriffs of the Said County and the Clerk of the Provin-
cial Court were all present on granting thereof Your Petitioner to Prevent
his being taken in Execution Or his Effects Seized by Vertue of the af^d Judg-
ments Served the Said Bordley the Under Sherriff af^d and the S^d Clerk of the
Prov^l Court Severally with an Attested Copy Under the hand of the Clerk of
the Court of Appeals of a Minute of the allowance of the af^d Appeale as by
an Attested Copy of the Said Minute of Allowance and Affidavit of the Serv-
ice thereof herewith produced Appears. That Notwithstanding whereof on
the Sixth Day of June Last your Petitioner by Virtue of a Writt of Capias ad
Siuisfaciendum most Unduly and Improvidently taken out of the Provincial
Court On the Judgment recovered by the Said Bordley Against your Peti-
tioner by Daniel Mariarte Gent high Sherriff of the County af^d in Contempt
of the Appeale and Supersedeas af^d and Notice af^d to him and them given
hath been falsly taken in Execution and Imprisoned and Still keept in Close
prison in the Goal of the City of Annapolis Contrary to the Right of all his
Majestys Subjects and the Laws of Great Brittain and this Province That on
rendering Judgment Against your Petitioner in the Provincial Court Daniel
Dulany and Edmond Jennings Gent Your Petitioners Attorneys Did Appear
and Prayed an Appeale from that Judgment to your Excellency and Honours
in the Court of Appeals in which Court they were practitioners and Attended
thereon and proceeded So far in the Cause that they ordered the Transcript
of the Judgment to be made out and Charged their fees to your Petitioner
that Nevertheless on the Tryal of your Petitioners Cause in the Said Court
the Said Attorneys Declined to be any farther Concerned therein and that
Dureing the Whole Time of this Your Petitioners Confinement he has been
Destitute of Council Particularly of those whose Council and advise he be-
lieves he is Intituled to by Law and Oblidged to Imploy other Council who