314 Proceedings of the Council of Maryland, 1654-1657.

Liber B.

pleading and proved that the Said Cap^t Cornwallyes brought
not his Sut within Compass of time, he having an Attorney
here in the Countrey, and when all parties had alledged what
they could, It was then the opinion of the Court, with the con-
sent of both parties, to have the opinion of the next Generall
Assembly unto whom it was referred as may appeare upon
Record, Notwithstanding the faire proceedings as afores^d the
aforesaid Cap^t Cornwallyes writt to my Lord, that he was
delayed in Justice Concerning yo^r Petition^rs father and yo^r
Peticon^r my Lord Baltemore writeing unto Governour Stone,
the afores^d Cap⁴ Cornwalleys obtaining an attachm^t against my
father's Estate, to the Value of tenn thousand pounds of
Tobacco and Caske, takeing his Servant and Cattell without
Bail or Mainprize, and likewise arresting yo^r Petitioner in an
Action of ten thousand more and to Answer at the next Court,
your Petition^t appearing and finding that it was, the opinion of
the Governour & Councell to follow my Lords Order and like-
wise the Governour displaceing of Some of the Councell, which
was at the Court upon the former proceedings Referred, and
issueing all processe in my Lord Proprietaryes his Name, and
not according to the Governm^t to whom yo^r Petition^r had Sub-
scribed ingagm^t under the Commonwealth of England yo^r
Peticon^r Condescended to put it to Arbitration not Subscribing

p. 634

any thing under hand to ingage your Petition^r to Stand to it,
the Arbitrators awarded your Petition^rs father & himself to
pay Eleven hundred and fiftie pounds of Tobacco in Caske
without Ground Leaves, and to pay all Charges of Court pro-
vided that the aforeSaid Cap^t Cornwalleys was Contented to
take of Will Hardwich one hhd of Tobacco which he was Con-
tented to give him, by the perswasions of Some friends, and
the afores^d Cap^t gave him a Generall discharge, provided that
the Said Harditch Should noe way Councell yo^r Petition^r in
his afores^d proceedings which if he did it Should be noe dis-
charge, and yo^r Petitioners father dying before any Such Tryall
was made, Soe that there is none Concerned in the aforesaid
Order of Refference but your Petitioner.
The premisses Considered your Petition^r humbly craveth
that he may have the opinion of this Honourable Assembly
according to the order of reference in that behalf, Notwith-
standing the afores^d unjust proceeding, and that it will please
you that an Act may be framed, for the Settling things of So
long Standing And he as in duty bound Shall pray.

Liber B.
L. O. R.
No. 3,
p. 140
p. 141

Whereas the ordering directing and Governing the affairs
of Maryland for the Administracon of Justice Conservation of
the peace is Committed to us by the Supream Authority of
the Commonwealth of England, And also the Militia is Com-