252 Records Illustrating the History of Maryland

P. R. O.

Maryland
B. I. Vol. 2,
B. F.

Drawne that his Lordshipps Charter was in force and that
they did not know that his Lordpps had forfeited the same by
any attainder Quo Warranto surrender or otherwise yea rather
that the same as they were informed was by Act of Parl: s: n:
& M. Intitled an Act Declareing the Rights and Libertys of
the subjects established and Conformed by the last Paragraph
and out of Cooks 4 Instit: Iurisd: of Courts in the Chap Co:
pallatyn of Lancaster and Durham Presidents were brought
of theire great Priviledges and Royall Franchises &c and how
it was there in the case of the Bishop of Durham that the
Kings will did not run there and soe (allways with submission
to their Majesties Royall Prerogative) the same Royall Fran-
chises being granted to his Lordshipp that the kings writt did
nott run here being before granted by Charter and that his Lordp
could nott be disused of his royall Franchize but by due course
of Law according to the Statude of Magna Carta 29 c 10 this
Court soe Constituted without Commission from his Lordp
had nott Power over their Persons or Estates butt that they
should be willing to submitt in themselves to Legall Tryall by
a Court constituted according to Law.
The second point proposed to be Insisted on (in case that
plea was overruled) was to the Com^s by w^ch they satt w^ch as
was reported was only his Maj'^s Lre. under his Privy signett or
signe mannnal w^ch (under favor) was thought insufficient to
Impower them to sitt as a Court upon the tryall of life &
Death and there was sett forth the nature of such Com^ons by
the Stat 2 &: 3: W: 2: by w^ch the same were granted and
Iudge Cookes Exposition upon it and other authorityes that it
ought nott to issue butt upon some suddaine outrage & Insur-
rection and that the same was an act of Grace and the king
was retrayned of his Power to grant such Commissions at his
pleasure to whome he will that the same ought to issue out
of the Chancery under the great seale and to psons perticu-
larly named Co: 3: Inst 162. or they are nott Legall or war-
ranted by Law that the Iustices ought to be learned & Indif-
ferent men Stamford fo: 55: 56 notes what care was taken in
tymes past in Granting such Com^ers in trespasses only much
more in Treasons and felyny & Co: 3 Iust 163. 4. 5. says
that sev" Indictm^ts were quashed for being taken by writt
(w^ch is more then a letter where it ought to have beene by
Com^ers though it were of the forme and words that a Legall
Comm^or ought to be by Cheife Iustice and that in all such
Comm^ons the Iustices are directed with this Rule Facturi q^d
Iustitiam pertinet secundum Legem et consuetude Angliae but
here was neither Com^on nor writts nor Persons particularly
named to Execute the Comⁿ nor Dedim potest to sweare
them before they entered upon the Execution of it it was nott