MARYLAND COURT OF APPEALS 639

vinciall Court Transmit! to his Lordships Governour and Council Sitting
as a Court of Appeals and Errors the following Record on An Appeal made
by Ariana Bordley Ex" of Thomas Bordley Esq^r Deced from the judgment
of the Provinciall Court the tenour of which follows in these Words Viz^t:
In the Records and Proceedings of the Prov^ll Court of the Province of Mary-
land Amongst other things is Contained as followeth.

MARYLAND ss^t At a Provinciall Court Held at [838] The City of An-
napolis in the County of Ann Arundell for the Province of Maryland on the
third Tuesday of May being the 2 i^st Day of the same month in the fourteenth
Year of the Dominion of the Right Hon^rble Charles absolute Lord and
Propry of the Provinces of Maryland and Avalon Lord Baron of Baltemore
etc: Annoque Domini 1728.

Were Present: The Hon^rble William Lock; Roger Woolford; Phillip Lee;
John Smith; Benjamin Tasker, Esq" Justices.

James Govane Sher: Vachel Denton Ct.

[MH:] The Lord Proprietary v [PK: EJ] Roger Mathews

MARYLAND ss^t: Roger Mathews of Baltemore County Gen^l als: Diet:
Roger Mathews of Baltemore County in the Province afores^t was Summoned
to Answer unto his Lordship the Lord Prop^ry of a Plea that he render unto
him the Just Quantity of two Hundred thousand pounds of good sound Mer-
chantable Leaf Tobacco and Cask which to him he Oweth and Unjustly De-
taineth etc.

And Whereupon Mich^ll Howard Esq^r his Lordships attorney Generall of
The Province Afores^t Who for the said Lord Propry on this behalf Prose-
cuteth Sayth that whereas the said Roger Mathews the Eighth Day of June
Anno Dom: Seventeen Hundred and Twenty One at Baltemore County
afores^t by his Certain Writing Obligatory Acknowledged himself to be held
and firmly bound unto the afs^d Lord propry in the afs^d Sum of two Hundred
Thousand Pounds of Good Sound Merchantable Leaf Tobacco and Cask to
be paid unto the said Lord Propry when thereto he should be required
Nevertheless the afs^d Roger altho' often required the afores^t Two hundred
thousand pounds of good Sound Merchantable leaf Tob^a and Cask to the
same Lord Propry hath not Yet rendered But the Same to him hitherto to
Render hath Denied and Gainsaied and Still Doth deny and Gainsay Where-
fore he says he is the worse and hath Loss to the Value of One hundred thou-
sand pounds of Tobacco And this for the said Lord Propry the said Attorney
Gen^tt is ready to verifie and the said att^ry Gen^ll Brings hereinto Court the
writing afs^d which Testifies the Debt afs^d in form afores^t Whose Date is the
Day and Year Abovesaid etc.

And the said Roger Mathews by Edmond Jennings his attorney Comes
and Defends the force and Injury when etc: And Prays Leave to imparle