Proceedings of the Council of Maryland, 1694 97. 129

   Commission was directed to ffive persons to meet at Battle Lib. H. D.

   Town on the 19th of June following to Trye that ship. I

   accordingly went thither With Mr Plater & Mr Clarke to pros

   ecute the Vessell, but by the Neglect of the Sherriffe or other

   wise, the persons Nominated Commissionrs were not duly

   summoned neither were any of the Witnesses summoned

   to Appear to give in their Evidence for their Mats so

   that for want thereof they could not prosecute at that time:

   It's humbly proposed on their Mats behalfe that in reguard

   three only of the ffive Commissioners were summoned (coming

   accidentally to Battle Town that Morning) and before hearing

   the Cause, acquitted the ship from her Seizure;

    That your Exncie will please to Order a Commission to be

   issued for a speedy Tryall of the said ship at St Maries

   directed to persons vninterested in the Cause all which is

   humbly submitted &c By

                                  E Randolph

    Ordered that this Petition be Referred to Mr Attorney

   Generall to advize therein and make Report to the Board

   Monday Morning next.

                    July 30th 1694.

    Mr Attorney Generall accordingly Reports to the Board as

   follows, Vizt

    To his Exncy ffrancis Nicholson Esqr Capt Genll & Governor

   in Chief and to their Mats honoble Cou ncill of Maryland.

   Mr Attorney In obedience to your Exncies Ordr of Reference to

   Genll Report vpon me directed to pervse the Representation made to

   Pet Referr'd your Exncy by Edward Randolph Esqr Surveyor Gen”

   of their Mats Customs vpon the Continent of America

   I humbly signifye I have pervsed the same and do presume

   the Matter of fact therein contained to be true and further that

   in as much as the said Edward Randolph Esqr thought it not

   fit for their Mats service to prefer an information (two of the

   Justices of the Court in the Commission mentioned not being

   sumoned) as also the Evidences for the King not Appearing; p. 52

   And forasmuch as that the King ought not to be surprized or

   Judgment given against him where noe Information filed

   wherein the breaches Committed against their Mats Acts of

   Trade might have been Assigned, I humbly concieve that the

   Proceedings of three of the Justices of the Speciall Court

   mentioned in the Commission for Tryall of the said ship in the

   taking of the Seizure of the same made by the said Randolph

   9