MARYLAND COURT OF APPEALS 65

Said William to the Said Thomas and that the Said Summe of 2384 pounds
of Tobbacco mentioned in the declaration of the Said Thomas being the
remainder of the Said Sume of 5620 pounds of Tobbacco ought not to have
been Imediatly Paid by the Said William to the Said Thomas and that he
the Said Thomas did not lend unto the Said William the Said Summe of
2384* of Tobbacco by way of Loan and of this he prays he may be Enquired
into by the Country: Parker.

And the Defend^t also. Bland.

Therefore it is Commanded that the Sherriffe Cause to Come here
Imediatly, Twelve etc. by whom etc. who neither etc. to Recognize etc. Be-
cause as well etc.

And now here the Same day that is to Say the Second Tuesday in No-
vember the Jury hereof Impannelled being Called and Likewise Came Viz^t
James Ellis, Thomas Sutton, Henry Welch, Nich^o Aldridge James Frizell,
Stephen Handcock, William Harris, Samuel Dryer Jonathan Neale, John
Medcalfe, Jacob Harris and John [S]ealy etc. who to Speak the truth in the
premisses being Elected Tryed and Sworne upon their Oaths do Say that they
find for the defendant Whereupon the plaintiffe by George Parker his Attor-
ney moved for an Appeal which was granted the pit given Such Security as
the Law in that Case requires.

And thereupon the Said Thomas Tench plt with M^r Robert Conant
and M^r James Smith Sen^r came here into Court and bound [97] themselves
in the Summe of four Thousand Seaven hundred Sixty and Eight pounds of
Tobbacco to be paid to the Said William Hopkins if the Said Tench Should
not prosecute the Said Appeale att the Provinciall Court to be held in Febru-
ary next following because it was uncerteine to have the Said whole Proceed-
ings returned to the Prov^ll Court to be held in November being So nigh the
Journment of the County Court of Ann Arundell County.

And the Said William Hopkins by Robert Carvell his Attorney Cometh
and defendeth the force and Injury when etc. and prayeth Liberty to Imparle
into the Transcript untill the next Provinciall Court and it is Granted him
the Same day is Given to Thomas Tench also.

Att which Said Prov^ll Court to witt the 27^th day of April Anno Dni 1686
Came the Said Partys by their Attorneys aforesaid and the Said Thomas
Tench by George Parker his Attorney Exhibited to the Court here his rea-
sons for his Appeale from the Judgm^t of the Said County Court of Ann Arun-
dell County According to Act of Assembly in that Case made and Provided.

Memorandum That upon the 28^th day of Aprill 16[8]6 Came before his
Lordships Justices of the Prov^ll Court the Said Thom[as] Tench by George
Parker his Attorney and Exhibited to the Court here his reasons for his Ap-
pealing from the Said Judgm^t of the Justices of the County Court of Ann
Arundell County According to the Act of Assembly in Such Cases made and
Provided as followeth.