Proceedings of the Council of Maryland, 1692-1694. 399

Ans^r He denys any such thing and saith that what he hath

taken is in part of their 10^th of last years Arrears
Ordered that M^r Iohn Thompson Clerk of Cecil County
give his deposition in this matter, and amongst other things
whither S^r Thomas did not refuse to give him his Commission:
without paying him a Fee or some certain sum of money,
that Collonel Cuspany Herman and M^r Charles Iames of the
same County be desired to take such Deposition and return it
forthwith to this Board
Ordered also that M^r Lomas^s Deposition to the like Effect
be taken by M^r Henry Hawkins and Captain W^m Barton of
Charles County to be forthwith returned to this Board
And likewise that M^r Henry Fernleys Deposition be taken
by M^r Hutchins and Captain Bigger of Calvert County to be
returned as before and the said Fernley be summoned to
appear here in his proper Person accordingly issued the fol-
lowing Precept Viz^t

By the Governor & Councill October 15^th 1692
Ordered that M^r Henry Hawkins and Capt Will^m Barton
two of their Majestys Iustices of Peace for Charles County
call before them and take the oaths of M^r Clebourn Lomas
Clerk appointed for said County touching his communication
and agreement with S^r Thomas Lawrence for the said Office
of Clerk and upon what conditions and terms he had the same
granted him by the said S^r Thomas the same to be transmitted
to this Board with all Speed
Signed p Order
J LL: Cl Councill

The same Order mutatis mutand to Coll Herman and M'
James of Cecil County for Iohn Thomson Also to M^r Hutch-
ins and Captain Bigger for Henry Fernley Clerk of Calvert
County
Proposed the giving an Account of this whole matter to his
Majesty setting forth that whereas S^r Thomas By his Commis-
sion and Instructions is authorised to take only of the Clerks

Liber K.
p. 78

the tenth part of their Fees hath contrarily taken more and
other Fees or Gratuity and likewise demands of them the
tenth Part of the Perquisits during his nonresidency or ab-
sence out of the Country which is conceived to be contrary to
his said Instructions
Resolved and Ordered that for the Intent and Purpose
aforesaid the Councill meet here again on Saturday next, and
that Summons be directed to M^r Thomas Brooke to appear
then
Adjourn till Saturday next

p. 79