54 MARYLAND COURT OF APPEALS

The hon^ble James Frisby is of Opinion that the S^d reason Assigned for
Error is not good for that the goods being in the Possession of Miles Bur-
rough dos therefore adjudge the Action to be well brought.

The hon^ble Col^l George Robotham and S^r Thomas Lawrence are of the
Same Opinion.

The hon^ble Thomas Brook Esq^r dos adjudge the S^d reasons af^d Assigned
for Error to be good.

The hon^ble Charles Hutchins is of the Same Opinion with Esq^r Brook

His Excellency the Governo^r dos adjudge the S^d Reason Assigned for
Error to be good for that the Matter of fact being put to a Jury was found
Accordingly and a Case Pertinent to this Produced by the pits but Case
Shewed by the Def^t Seem'd to be forreigne to the Matter and not good
Authority.

The Attorney for the pit humbly moves and desires to know (Consid-
ering the Court is Divided in their Opinion, whether his Excellency have
not a Swaying Voice who is pleased to Say that he believes not. Whereupon
it is desired by the pi' that time may be given him to Shew Some Authority
for the Same and that he may have the Liberty to peruse his Ex^cys Commis-
sion [81] for the Government who is told that he may have recourse to the
Same in the Secretarys Office

The defendant also Craves leave to have the Said matter argued Next
Court which is Accordingly Granted

Att a Court held before his Ex^cy the Gov^r and his Matys hon^ole Councill
for hearing Appeals and Writts of Errors etc. Mett and held att the porte
of Annapolis the gi"¹ day of October 1698 in the io^th year of his Matys
Reigne etc.

Present: his Exc^cy Francis Nicholson Esq^r Cap^t Gen^ll; Coll^o Charles Huthins;
Col^o John Addison; Thomas Brooke and James Frisby, Esq^rs

Miles Burroughe ag^t Gov^[r] Copleys Adm^r

The third reason Adjudged to be Good by Esq^r Brook Esq^r Frisby Col^o
Courts and Col^o Addison

Wherefore it is Considered by the Court here that the Judgem^t of the
Provinciall Court as af^d Given against the Said Miles be reversed and Sett
aside for the reason af^d as Vicious and Eroneous. and that the S^d Miles Bur-
roughs be to all things he hath Lost, restored.

[82] Blakiston's Adm^r v Go[v]^r Copleys Adm^r

In the Records of the Provinciall Court amongst other things is thus
Conteined. Viz^t:

William and Mary by the grace of God of England Scottland France and
Ireland King and Queen Defenders of the faith etc. to the Sherriffe of Ann