in the Years 1691-92. 253

under the great seale as is presumed ought to be and there-
fore nott according to the rules of Law and allowance of Courts
of Iustice and so was Conceived voyd in Law and it was Con-
ceived that his Majesties s^d Letter to the persons that had the
admin^ion of the Governm^t could not be suffici^t to authorize the
conventon of the Delegates of the Pro: being far from a free
& due Election) to grant a Comm^on to particular persons to
try those persons as they have done and to support those
argum^ts Authorityes quoted viz Terms of Law Cowells Inter-
pretter fitz hert Na. br. Stanford Coulton Cook 2. 3. 4 Inst
There was allsoe layd downe for argum^t that the Iudges of

assize who cue persons of Integrity Indifferency skill and

knowledge yett have particular Com^ons of Oyer & Terminer all
w^ch qualityes Especially of Indifferency as the case stood was
feared would be wanting in this Court further a Case was
reported that att the Death of K. J. who dyed in tearme tyme
K. C.'s issued out a proclamacon for the continuance of the
Terme and Iudges in statu quo but the Iudges shutt up West-
minster Hall waited on his Maj^ty acquainting him that with-
out new Commisions they could nott with safety proceed
in Civil or Criminal Cause without great Danger much less
those gentlemen in this soe that it was hoped that if this plea
and argumt af^d might be permitted to be opened to them w^th
such others as might have been offered they would have putt
the Gent upon a more due & Deliberate Consideration of
their Power and Authoritys and haveing induced them to have
respected the Execution of th^r Authority from the till a
farther and more Legall settl^mt from their Maj^ties and in the
meane tyme to have secured the Prisoners and nott to have
proceeded to Tryall Condemnation & Execution as they have
done w^ch under Correction is Conceived by some here the
words of that Lre as to this p. of m. will not beare them out
in and Report goes that there were some more Considerable
men in the house that were unwilling to meddle with that
Tryall till a Govern^or came in & the prisoners thought they
had great reason to feare the Fairness and Indifferency of
theire Tryall by the then Authority Iudges and Iury who (all
things Considered) they conceived could not be Legales
homines by their Iury being by them or most of them already
forejudged.
Had these matters and reasons above s'd prevailed with the
court to have respited the Cause till a Governour came in
which was all that was aymed att and was every day expected
then in order to their Legall Defence I had (as being Re-
tayned by them by Ire for my fee) prepared and Drawn up
some Instructions to be by the Prisoners made use of att their
Tryall and therein limited to them what Priviledges the Law

P. R. O.

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