MARYLAND COURT OF APPEALS 649

Parliam^t in such case Requires; the said Master coming to Tryall in the
Prov^ll Court, and it being acknowledged and given for Granted that there
was Tobacco taken on Board before any other Bond was given than the Bond
then produced in Court and shewed to the Jury, the only question then Re-
maining to be determin'd was whether that Bond was a sufficient Bond ac-
cording to the Act of Parliament, which being a Question of Law ought to
be Judged of by the Judges, but the Jury taking the s^d Matter of Law vpon
themselves found the s^d Blackmore and his said ship, not guilty and conse-
quently Judged the s^d Bond to them produced to be a sufficient Bond in
Law, for which Reason the s^d Randolph Appealed to your Excell and Coun-
cill and Assigned for Error the insufficiency of the s^d Bond according to the
Act of Parliam^t vpon which your Ex^ncy and Councill thought fit to Judge the
s^d Bond insufficient in Law and consequently to Reverse the Judgm^t of
the Provinciall Court whereby the said ship was cleared.

I am therefore of Opinion that vpon the Reversall of the Judgm^t of the
Provinciall Court for the Reason afores^t the ship ought to be condemned,
because that whensoever a Writ of Error is brought in a Superiour Court
vpon a Judgm^t given in an inferiour Court, if the Judgm^t of the inferiour
Court be Reversed for any Errors assigned then and in such Case the Su-
periour Court ought to give the same Judgm^t as the inferiour Court ought
to have given, if such Error had not happened; Now if the Error of Judging
the s^d Bond sufficient had not happened in the provinciall Court but that
the s^d Bond had been Judged there insufficient (as your Excell and Coun-
cill adjudged it) then without all dispute they ought to have Condemned the
Ship, consequently your Ex^cy and Councill having Judged the s^d Bond in-
sufficient, and the not doing so being the Error of the Provinciall Court,
The Judgm^t to be given by your Ex^ncy and Councill (I humbly conceive)
is that the ship be Condemned according to the directions of the Act of Par-
liam^t and for any person to come now and Alledge in barr of such Judgment
that there is Matter of fact to be still inquired into (viz^t whether the said
ship tooke in Tobacco before Bond given) is idle Forreign, and now too
late to alledge, because it was given for Granted and allowed vpon the Tryall
that Tobacco was taken on Board before any other bond was given but that
bond which is now Judged insufficient, and the sufficiency of the Bond was
the only thing insisted vpon in the provinciall Court, which being adjudged
by your Ex^ncy and Councill insufficient it must of Necessity follow that the
Ship must be condemned, which is humbly offered to your Ex^ncy as the
Opinion of

Yo^r Ex^ncles most humble and
most obedient Servant

Charles Carroll