72 MARYLAND COURT OF APPEALS

Thomas before the Said Gen^ll Assembly So as af^d brought and for that Exe-
cution hath not thereunto issued. We therefore Command You that by
good and Lawfull men of Yo^r Bailywick You make known unto the Said Wil-
liam Hopkins that he be and Appear before the Justices of our Provinciall
Court to be held att Annapolis in Ann arundell County the last Tuesday in
Feb'y next to Shew Cause if any why Execution Should [109] not issue forth
ag^t him for the Cost aforesaid According to Law, hereof faile not And have
you there the Names of the persons before whom You Make the Same known
together with this writt Wittness Robert Smith Esq^r Chief Justice of our Said
Court this 14^th day of October 1695. And the Said William Hopkins by Sam^ll
Watkins his Att^ry Cometh and Defendeth the force and Injury when etc. and
prays Liberty to Imparle unto the next Prov^ll Court and it is Granted unto
him and the Same is given to the pit also.

Att which Said Next Prov^ll Court Came again the Said Partys by their
Attorneys And the Said William Hopkins by Sam^ll Watkins his Said Attorney
for plea Saith that the pit his Sci: fac: aforesaid upon the Judgm^t af"¹ to have
and Maintain by the Law he ought not for that he Saith That after the Judg-
ment aforesaid and before the day and purchase of the Writt of Sci fac afore-
said he did fully Agree with the Said pl^t for the Satisfaction of the Judgm^t
aforesaid And that he is ready to Averr and therefore prays Judgm^t if the pl^l
his Sci fac. ag^t him this def^t to have and Maintaine.

And the Said Thomas Saith That for arty thing in the plea Aforesaid
Alledged from his Sci: fac: he ought not to be barr'd and that the plea and
the matters therein Conteined is insufficient in Law to barr the pit of his
Judgm^t af^d and therefore doth demurr in Law unto the Same and for Cause
of demurrer Saith that the plea Saith the Said William did fully Agree with
the pi' for Satisfaction of the Said Judgment aforesaid but doth not Say what
that Agreem^t was whether Valuable or not nor that ever he performed the
Same And an Agreem^t without Satisfaction [110] is not Sufficient to destroy
the Judgment aforesaid but it is Void in Law and this he is ready to Averr
and prayeth Judgment of the plea af^d

And Now here att this day to witt the ig^th day of May Anno Dni 1696
Came the Said Partys by their Attorneys af^d and the Severall Arguments
pleadings and Allegations by both partys offered being Argued and heard
And by the Justices here fully Understood It is therefore Considered by the
Said Justices the day and Year aforesaid That the Said Thomas Tench take
nothing by his Scire facias afores^d but be in Mercy for his false Clamour And
that the Said William Hopkins go thereof without day And it is Likewise
Considered by the Said Justices that the Said William Hopkins recover
against the Said Thomas Tench the Summe of Seaven hundred fourty four
pounds of Tobbacco Adjudged him by the Court here for his Costs and
Charges in that behalfe laid out and Expended According to the forme of the
Statute etc.