MARYLAND COURT OF APPEALS 97

plaint we have rec^d as by the record and process thereupon between the Said
parties af^a by Virtue of our Writt for Correcting Errors to our Said Justices
directed And we being willing that the Error if any be Should in due manner
be Corrected and full and Speedy Justice done to the Said partys in this
behalfe Do Command You that by honest and Lawfull men in your Baily-
wick You make known to Benjamin Hall and Mary his wife Ex^r8 of the Said
Bowling Deceased That they be and Appear before our Governo^r and Coun-
cill att our Court Constituted for hearing Appeals and Writts of Error to be
held att the Port of Annapolis the 28^th day of June next to hear the Errors
aforesaid if to them it Shall Seem Convenient and further to Stand to and
Abide the Judgment of our Said Court in this behalfe and hereof faile not
att your perill and have you there this Writt Wittness Nathan" Blakiston
Esq^r Cap^t Gen^ll and Governo^r in Chief in and over our Province of Mary-
land this 24^th Day of May in the 11^th Year of our Reigne Annoque Dni 1699.

R: Carvill Edw^d Batson Ctk.
On the Back of w^ch writt was Endorsed thus Viz^t

By Virtue of the within precept I have Cited and Summoned the Within
Named Benj" Hall and Mary his wife Ex^rs of James Bowling Before the
Hon^ble Col^o Jn^o Courts and Rich^d Elding Two Lawfull men of my Bailywick
that they be and Appear as the within Writt Commands

per Joⁿ Bayne Sherr

Gerrard Slye v Bowlings Ex^rs

MARYLAND ss. Errors assigned by Gerrard Slye for reversing a Certein
Judgment given ag^f him in the Prov^ll Court the ig^th day of October 1682 att
the Suite of James Bowling pl^l Dec^t

It is Conteined in the Record that upon the 17^th day of Feb^ry in Year
of our Lord 1681 Command was Given to the Sherriffe of [146] S^t Marys
County to take the Body of Gerrard Slye of S^t Marys County Merch^t So that
he Should have him before the Justices of the prov^ll Court to be held att the
City of S^t Marys the 28^th day of Febry Instant to Answer unto James Bowling
of a plea that he hold w^th him Covenant made between them According to
the force forme and Effect of a Certein Writing Indented thereof Between
them and which to hold he ought etc. But it is not Sett forth from whence
the Command Came whither from the Governo^r and Councill, Chancellor,
Comissary or Justices of the Prov^ll Court nor doth it Appear that the Sherr by
Virtue of the Said Writt or precept had taken the Body of the Said Gerrard
Slye without which he Could not be Legally brought to Answer the Suite of
the pl^t for the Originall Writt and returne of the Sherriffe is the foundation
of the Suite and which all Subsequent Matters Depends upon the want of
which no Legall Judgment Could be given ag^t the Defend^t which is Error and
for which reason he prays that the Judgment aforesaid may be Annulled
made void reversed and Sett aside.