MARYLAND COURT OF APPEALS 533

the Honourable Council Present took the Oath of Judge Entituled An Act
for Ascertaining the form of Oath of Judge or Justice

To His Excellency Benedict Leonard Calvert Esq^r Governour of Maryland.
The Humble Petition of William Vernon of Annarundell County

Planter

Most Humbly Sheweth

That it was your Petitioners Misfortune to be Charged with the feloni-
ous Stealing an Horse belonging to one Nehemiah Birkhead and was Ac-
cordingly on the 15^th Day of July Anno Dom 1718 in the Prov^l Court of this
Province Convicted thereof and Judgment was then rendered Against your
Petitioner for the four fold and Coporal Punishment Altho Your Petitioner
is very Conscious of his Innocence

That your Petitioner is Advised there is apparant Error in the Record
and Proceedings on the Said Indictment and Judgment and that whilst the
Said Judgment Stands in full force your Petitioner is rendered incapable of
proceeding in the Courts of Judicature for the recovery of his Small fortune.

Your Petitioner Therefore Humbly Prays your Excellency to Allow him
to bring the Record of the Said Judgment before your Excellency and the
Members of his Lordships Hon^rble Council as the High Court of Appeals of
this Province to Correct the Errors in the Said Judgment by Suing out a
Writt of Error returnable to the Said Court now Sitting.

And Your Petitioner will ever Pray Will Beckingham Per Pef.

Feb^ry 15^th 1727 the above Petition being read

Leave given to bring in Writt of Error and record as prayed and to Assign

Errors thereon Ben^dt Leon^d Calvert

On Petition this Day presented to his Excellency the Governour for
Leave to bring a Writt of Error to reverse a Judgment on an Indictment
of felony Ag^t William Vernon His Excellency haveing Acquainted this Court
That he Consents to the brining [sic] Such Writt of Error. It is ordered that a
Writt of Error be received by the Clerk as of this Court Accordingly and
the Errors Assigned thereon According to the usual Time and that Notice
thereof be give to his Lordships Attorney Generall

On petition this day presented to his Excellency the Gov^r for leave to
bring in a Writt of Error to Reverse a Judgment on An Indictment of
felony against William Vernon and His Excellency haveing acquainted this
Court That he Consents to the bringing Such writt of Err^r. It is ordered that
a writt of Error be Received accordingly And the Errors assigned thereon
[727] And that notice thereof be given to his Lordships Attorney Generall

[E:J MM] John Diggs Lessee v [WB] John Beale Appeale from Prov^l
Court Err^rs filed; [EJ] Daniel Bryon v [WB] Prior Smallwood Appeale from
Prov^l Court Err^rs filed peromtory Rule for tryal next Court. Issued made up;