96 MARYLAND COURT OF APPEALS

cient Answer in that behalfe the Said James Demands Judgment and his
Damages by Occasion of the Premisses to him Adjudged.

And the Said Gerrard Slye by his Said Attorney Saith that the plea of
him the af^d Gerrard above in Barr pleaded and the Matter in the Same Con-
teined is Good and SufP in Law the Said James from his Action af^d against
the af^a Gerrard to have to be barr'd for that the S^d Gerrard for the Secure
performance of the Writing Indented af^a Did make Seale and Deliver to the
Said James the Writing Obligatory aforementioned in the Penalty of One
hundred pounds Sterl whereupon he prayeth Judgm^t if the Said Other Action
ag^t him the Said Gerrard then upon the Said Writing Obligatory Ought to
have etc. And the Said James Likewise Which being read heard and Argued
by the Justices that the plea af^d of the aforesaid Gerrard in Manner af^d
Pleaded and the Matter therein Conteined is unsufficient in Law to Debarr
the af^d James Bowling from having his Action af^d ag^t the Said Gerrard, for
that the Said James his Action af^d ag^t him the S^d [144] Gerrard ought to
Maintaine and therefore it is Considered by the Court here that The Said
James Bowling recover ag^t the Said Gerrard Slye his Damages by him
Susteined by Occasion of the Premisses but because it is not known to the
Court here what Damages he hath Susteined by Occasion thereof It is
therefore Commanded the Sherriffe of S^t Marys County That he Cause to
Come here Twelve good and Lawfull men of his Bailywick to Enquire
What Damages the Said James Bowling hath Susteined by Occasion of the
premisses.

On which S^d i9^th day of October in the Year af^d Came the Said Partys
by their Attorneys af^d and the Jurors Impanelled being Called Likewise
Came (to Witt) Philip Lynes John Bird, Daniel Clocker, Gilbert Clark,
James Cullen, Willm Howell, James Bodkin, Thomas Smithson, Henry
Exon, Ri[c]h^d Benton, William Dent and George Hodgeson who to Say the
truth in the premisses being Elected Tryed and Sworne upon their Oaths do
Say That the Said James Bowling hath Susteined Damage by Occasion of
the premisses to thirty Six Thousand Six hundred and thirteen pounds of
Tobb^a and therefore it is Considered by the Court here That the Said James
Bowling recover ag^t the Said Gerrard Slye as well the af^d Summe of thirty Six
Thousand Six hundred and thirteen pounds of Tobbacco Damages by the
Jurors af^d in forme af^d Assessed as also the Summe of pounds of Tobb^a
for Cost of Suite, And the Defend^t in Mercy etc.
[Seale] True Copy per Chr: Gregory Clk

William the third by the Grace of God of England Scottland France and
Ireland King Defender of the faith etc. To the Sherriffe of Charles County
Greeting because [145] in the Records and process as also in the Rendring of
Judgm^t before our Justices of our Prov^ll Court ag^t Gerrard Slye att the Suite
of James Bowling Dec^d in a Plea of Covenant as it is Said manifest Error hath
happened to the Great Damage of him the S^d Gerard Slye as of his Com-