MARYLAND COURT OF APPEALS 53

ley for that was a Debt made by himselfe and therefore Could not be Coupled
in one Action with the Debts made by the S^d Copley in his Life time there-
fore Erroneous which Said reason being fully Argued and debated upon be-
fore our S^a Gov^r and Councill by the Attorneys on both Sides and forasmuch
as it hath been adjudged by our Said Court to witt the [8]^th day of October
1696 that out of the Said Erro^r Assigned dos arise matter of fact which lyes
not properly before them to trye we do therefore Comand that without Delay
You Cause the Said fact to be inquired into before yo^u by a Jury of Twelve
good and Lawfull men etc. for that purpose to be Elected and Chosen and
that you Cause the [79] proceedings thereof to be Transmitted to our Said
Governo^r and Councill together with the Precept with all Convenient Speed
to the End Such further proceedings thereon may be made as to Law and
Justice Appurteineth Wittness our Trusty and well beloved Francis Nichol-
son Esq^r Chief Justice of our Said Court and Cap^t Gen^ll and Governo^r in
Chief in and over our Said Province and Territory of Maryland

Hen: Denton Clk Councill Appeals

Att a Provinciall Court held att the Porte of Annapolis in Annarundell
County the io^th day of December in the Eighth Year of the reigne of our
Sovereigne Lord King William the third etc. Annoque Dni 1696 before his
Matys Justices thereunto Authorised and Appointed Viz^t:
The Hon^bl* Robert Smith Esq^r; Philip Clark; Richard Hill; Thomas Tasker;
Philip Hoskins; Thomas Staley, Justices p^rSent

Then was read in Open Court the Writt of Procedendo af^d Comand
was therefore Given to the Sherriffe of Annarundell County that forthwith
he Cause to come here twelve etc. by whom etc. who as well etc. to recog-
nize etc. and who neither etc. And the Sherriffe made returne of his Said pre-
cept that he had there ready in Court twelve Lawfull men of his Bailywick
According as thereby he was Comanded to witt Thomas Hussey, John Taylor
Thomas Freeborne James Bishop, Robert Grundy, Nich^o Fitz.Simmons Ed-
ward Duncalfe John Meek Jn^o Ingram Benj^a Richard John Cumber and
Stephen Handcock.

Now here att this Day to witt the day and Year aforesaid Came as well
the S^d Thomas Tench Adm^r of the Said Lyonell Copley Esq^r Deceased by
William Den[t] [80] his Attorney as the Said Miles Burrough by [ ] his
Attorney and the Jurors Impannelled as af^d being Called also Came who to
Speak the truth Concerning the p^rmisses being Elected tryed and Sworne
upon their Oaths do Say we the Jurors find that Col Lyonel Copley Never
Sould unto Miles Burrough the Kettle and Skillett in Contest now before us.

True Copy from the Record

Chr: Gregory Clk

The which being Maturely and Deliberatly Argued and debated by the
Attorneys on both Sides and this Court being divided in their Judgm^t
thereon do Give these Severall Opinions in Order following Viz^t: