Volume 20, Page 115 View pdf image (33K) |
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Proceedings of the Council of Maryland, 1694 97. 115
Mr Attorney In pursuance of an Ordr of Councill to me directed Lib. H. D. Genlls Re port about to make inspection into the late Governors Comis Governor sion of Vice-Admirall and Report the Authorities
relating to the Jurisdiction of their Mats high Court
Ad of Admiralty within this Province I humbly Repre. p. 37 mira sent to yor Exncy and this Honoble Board that the late Governor Copley and in case of his Mortality the then present Governmt had power to hold plea of all Maritime Causes as well Civill as Criminall brought or prosecuted within this province as also the Tryall of prize ships is comprehended within the Generall Words and the powers Granted by the said Comission to inforce obedience to the Decree or the Definitive sentence of the said Court allowing the party grieved his Appeale to their Mats high Court of Admiralty of England, all wch I humbly leave to the grave consideration of your Exncy & this honoble Board and am yor Exncies most obedient humble Servt George Plater
His Excellency was pleased to aske him whether or noe a Judge, Register and Marshall were excepted in the said Comission whoe does say & acknowledge that a Judge, Register & Marshall are therein excepted; then produced his Exncy Coll Nicholsons Comission of Vice-Admirall, wherein (vpon pervsali) there appeared no such Exception but con- Whitehall trariwise a speciall power to Comissionate such Officers; there fore it being found that the late Proceedings in the
Court of Admiralty had & taken vpon the Tryall of prize ship the Prize ship brought in by Capt Hurle were Ordered to Erroneous for want of sufficient power to Erect
be Tryed anew &ca such a Court, it is the Opinion of the Board that the said ship must Necessarily be Tryed by proper Officers to be Comissionated by his Exncy according to the directions of his Exncies said Coiiiission, And there vpon Ordered by advice in Councill that CoMissions stituted h pursuant thereto be prepared to constitute Coll Judge of the Admiralty e Henry Jowles, Judge, Henry Denton Register and Henry Den- Thomas Collyer Marshall of the said Court of Ad ton Registr & Tho: miralty, who are to Meet at Coxe Towne the third Collyer day of August next in Order to the Tryall of the sd sd Court ship.
July the 31th 1694.
The Business concerning the Tryall of the Prize ship being taken into consideration & fully Debated, it is the Opinion of this Board that if the same be condemned, the Goods thereof
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Volume 20, Page 115 View pdf image (33K) |
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