at annapolis before revolution 39

brought by him as such, and being joined with the King and
Queen therein no misercordia lies as may appear by the Book
of Entries in like cases, therefore the said judgment ought to
be reversed, for judging one in mercy, who by law ought not
to be so.

For all which errors and imperfections the said Edward
Randolph prays that the said judgment may be reversed, and
he to what he has lost thereby may be restored.

George Plater.

Next came the writ of scire facias ad audiendum
errores, or to hear errors, issued by the Court of
Appeals commanding the sheriff of the appropri-
ate county to summon the defendant in error for
that purpose. This, too, was used both in proceed-
ings on writ of error and in appeals in which the
writ was dispensed with. There was indeed no
substantial difference between proceedings begun
in the one way or the other after the first step of
entering the appeal. This writ of scire facias ad
adiendum errores, according to Macqueen,²³ was
last used in the House of Lords in 1673, and in the
Court of Exchequer it had yielded to a less formal
notice, but in Maryland so far as found, the papers
of every case up to the Revolution include a "Sci.
fa. ad aud. err." or " Sci. fa. to hear errors"; and
it was used after the Revolution. One from a case
in 1746 is here given:

Maryland Sst.

Charles, absolute Lord and Proprietary of the Provinces of
Maryland and Avalon, Lord Baron of Baltimore, &c. To the
Sheriff of Calvert County, Greeting. Whereas Sarah Smith,
widow, and Joseph Hall, Executors of the Testament and Last
Will of John Smith, late of Calvert County, deceased, have
lately obtained our writ for correcting errors in a certain

23. Macqueen, 408.