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Proceedings of the Council of Maryland, 1678-1679. 267
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misso to such as yor Lspp: should appoint to Review the sen-
tence of the said Delegates as is vsuall in such Cases, and in
the meane time that all proceedings on the said Delegates
Decree might be stayed. That his Honor the Governor gave
noe answer to the said Peticon, but would considr thereof, And
nothing hath been further Acted in relation to the said Will
since, But yor Petr is daily sued by Deerys Creditors and
severall Judgemts passed ag( him, And yor Petr hath paid and
is lyable to pay severall great summes of tobacco, ffor satisfac-
tion whereof and other Creditors and yor Pet" sd Debt and his
just expences and Disbursemt: in relation to the said Admrcon
he hath sued the said Quigley in the said two Accots to wch
the said John Quigley hath pleaded the Decree of the said
Delegates, and that he is Executor and yor Petrs Admrcon is
void and Null, And yor Petr hath replyed thereto and Justified
his Actions as Admr: as aforesd and the same comeing on in
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Lib. R.
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the Docquett the 13th of March 1678/9 before the Honble the
Chancelor the Secry, Baker Brooke Esqr and Benjamin Rozer
Esqr they the said Baker Brooke Esqr & Benjamin Rozer
Esqr refused to sitt and give any Judgemt therein, being that
point in question had been Debated before them in the Court
of Delegates, and his Honor the Chancelor had also had the
heareing thereof, and they had delivered their severall
Opinions therein already, soe that there is not a Sufficient
number to make a Court, whereby there is a failure of Justice
for want of a Court, and noe way left for yor Peticoner to
recover the said Debts to Reimburse himself and makeing
him capable to perform the Admrcon according to his Bond
and Oath.
Yor Peticoner humbly prayes yor Lspps: Consideration of the
prmisses, and that yor Lspp: would be graciously pleased to
grant to yor Petr that a speciall Comission of Oyer and Ter-
miner to some psons unconcerned such as to yor Lspp shall
seeme fitt may issue to heare and Determine, the Causes and
all other the matters aforesaid
And yor Petr as in Duty bound shall pray for yor Lspps &ca
His Lspp: the Lord Propry haveing advised with his Councill
and duely weighed and considered the prayer of the Peti-
coners and perused the Statute of the 25th Hen: 8: cap 19:
and other Lawe Bookes touching the Jurisdiction of such
Courts as is last prayed, doth not conceive that he hath power
to grant any such Comisso
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p. 96
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Decembr 20th 1679
Comission for the peace & Comission for tryall of causes
then issued for Calvert County to
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Lib. R. R.
p. 178
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