MARYLAND COURT OF APPEALS 71

fact but onely by way of protestation which is not issuable neither Can any
Issue be taken thereon therefore the ptended [107] plea is no plea att all it
wanting the Essentiall part Which is Erro^r

All which Matters and things he is ready to Aver and Maintain and
Prayeth Judgm^t etc.

This Cause was Continued Court after Court Untill the Day and Year
following

Present: The Hon^ble William Josephs; Vincent Low; Nich^o Sewell; Edward
Pye; Clement Hill, Esq^r Justices

Now here att this day to Witt the i8^th day of Aprill in the XIIII Year of
the Dominion of the R* Hon^ble Charles etc. Annoque Dni 1689 Came the
Said Thomas Tench by William Dent his Attorney And the S^d Willm Hop-
kins by his Attorney Af^a Likewise Came and the Proceedings in the premisses
of the Said County Court of Ann Arundell County and the reasons thereupon
filed as aforesaid together with the pleadings thereupon on both Sides being
read, heard and fully by the Justices here understood It is by the Court here
Considered that the Said reasons are not Sufficient to reverse the Judgment
of the Said County Court of Ann Arundell County upon the Verdict of the
Jurors aforesaid but that the Same Judgm^t of the County Court of Ann arun-
dell County upon the Verdict of the Jury af^d is and Standeth Affirmed. And
That procedendo issue to the Said County Court that Execution issue out
upon the Said Judgment And it is further Considered by the Court here That
the Said William Hopkins [108] recover ag^t the Said Thomas Tench the
Summe of ..... pounds of Tobbacco by the direction of this Court
Awarded for his Damages Costs and Charges in this behalfe Suffered laid out
and Expended.

Vera Copia per

W Taylard Clk. pro: Cort

MARYLAND ss. In the Records of the Prov^ll Court amongst other things
is thus Conteined.

Att a Prov^ll Court held att the Porte of Annapolis in Ann Arundell
County the i9^th day of May Anno dni 1696 before his Matys Justices there-
unto Authorized and Appointed Viz^t

The Hon^ble Robert Mason; Thomas Tasker; Robert King; Edward Jones;
Rich^d Hill; John Pollard, Esq^rs Justices.

Command was given to the Sherriffe of Ann Arundell County That
whereas att a Gen^ll Assembly held att the City of S^t Marys the 2^d day of July
Anno dni 1692 in a Certein Cause then and there depending between Wil-
liam Hopkins pit and Thomas Tench Esq^r Defend^t Recovered Judgm^t ag^t
the Said William Hopkins for the Summe of fourteen Thousand pounds of
Tobb^a adjudged him for his Costs and Charges for that he the Said William
hath not prosecuted his Certein Writt of Erro^r with Effect ag^t the Said