APPENDIX

[Pages 33 to 42 of the original volume were cut from the book some
time in the past. A brief contemporary index in the volume shows that
they contained parts of transcripts of proceedings in Randolph v. Blackmore
and the Ship Ann, and Burroughs v. Copley's Administrator, and a report of
opinions of the lawyers on questions which arose in connection with those
appeals: specifically, on attaints of juries in the province and disposition of
questions of fact appearing in cases appealed. The opinions in the former
case, at least, were quite evidently the same as those recorded by Denton in
another volume, Liber H. D, pp. 350-358, now published in Archives of
Maryland, XX, 438-445. They are reproduced here from that volume.]

Queries to the Attorneys how Attaints may be brought ag^t Juries etc*

Ordered that the R^t hono^Dle the Lords of the Committee of Trade and
forraign Plantations be humbly supplicated that they would please to give
directions how Attaints may be brought ag^t Juries in this Countrey and if to
be done, by what Rule they may be brought.

How matters of fact vpon Appeals brought before the Governo^r and
Councill may be tryed; And when an Erro^r in Fact is Assigned vpon an Ap-
peal or Writ of Error brought to a Superiour Court, before whom such Fact
is not cognoscible, what course shall be taken to Trye that Matter of Fact.

Ordered that the aforegoing Quasries be put to the Lawyers of the pro-
vinciall Court for them to make Return of their Opinions therein as likewise
make Answer to the following Case put, Viz^t

Edward Randolph Esq^r Qui tarn Ag^ta John Blackmore and the ship Ann

Vpon Appeal from the provinciall Court to the Govern^r and Councill;
the Error in Law Assigned, was that the Bond taken for the s^d ship being an
illegall Bond the provinciall Court Judgm^t ought to be Reversed; there-
vpon the Councill for the King moved whether the Reversall of that Judgm^t
might not be deemed condemnation of the ship, producing some Authori-
ties; But the Defendant Arguing that there being matter of fact to be de-
cided, Vii* whether the ship tooke in Tobacco hefore Bond given, therefore

ought not to be condemned before th^t matter of fact is tryed.

Ordered that the Attorneys Return severally their Opinion therein in
Ord^r to be sent for England.

The Lawyers Opinions in the aforegoing Queries return'd are as fol-
lows, Viz^t