MARYLAND COURT OF APPEALS 45

being fully debated by the Counsell on both sides and deliberately heard and
Considered by the hon^rble the Justices of this Court they are of Opinion that
the Cause does not Come properly before them in the way now brought, but
that the Plantiff ought to bring it hither; by way of Writt of Error.

At a Court before his Ex^ncy the Gov^r and his Ma^ts Hon^rble Councill for
hearing Appeals and Writts of Error etc: Met and held at the Port of An-
napolis, according to adjournment ...... the 9^th day of June in the Ninth

Year of the Reign of our Soveraign Lord King William the Third etc:
Annoque Domini 1697.

Present: His Ex^ncy Francis Nicholson Esq Cap^t Gen^ll etc; The hon^rble S^r
Thomas Laurence Barren* Secry^r; Coll: Henry Jowles; Coll: Nich^o Green-
berry; Coll: Charles Hutchins; Coll: John Courts.

His Ma^ty ag^t Rich^d Swetnam in Appeal. It being Demanded by the
Kings Counsell if they had anything to Offer in this Cause as a Reason for
their Appeal. But making Answer that they could find no Errors in the
proceedings, the s^d Cause is dismissed by the Court; His Ma^ty ag^t Elias King
This Cause is also dismissed for the Reasons afores^d; His Ma^ty ag^t John
Tench in Appeal. The Def^t moving that he was not ready for Tryall; this
Cause is continued untill next Court; [63] Miles Borrough ag^t Gov^r Cop-
ley, Adm^r in Appeal, in which precept was Issued to the Prov^ll Court to Trye
Matter of fact, the Said Cause was Continued by Consent of both Partys
untill the Next Court; Hen: Denton Qui tarn v. The Sloop Rob^t and Ann
Continued untill the Next Court; Thomas Tench Esq^r ag^t William Hopkins
in Appeale. This Cause is Continued by Consent of Both Parties untill the
next Court.

Att a Court Before his Excellency the Governo^r and his Matys honble
Councill for hearing Appeales and Writts of Error held att the house of the
hon^ble S^r Thomas Laurence Barr^t Secretary within the Town and Porte of
Annapolis the 2i^th Day of October 1697 i^{n tne} Ninth Year of the Reigne of
our Sov^reigne Lord William the third King of England etc.
Present: His Excellency Francis Nicholson Esq^r Cap^t Gen^ll etc; S^r Thomas
Lawrence Barr¹ Secretary; Col George Robotham; Col Charles Hutchins;
Thomas Brook Esq^r; James Frisby Esq^r.

Miles Burroughs ag^t Gov^r Copley Adm^r
In Appeale.

Precept Transmitted to the Provinciall Court to Try a Certain Matter
of fact in one of the reasons in the Cause Assigned and Produced read with
the Said Courts Judgm^t and proceedings herein had as followeth Viz^t:

MARYLAND ss. In the Records of the Provinciall Court among Other
things is thus Conteined.