Volume 20, Page 135 View pdf image (33K) |
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Proceedings of the Council of Maryland, 1694 97. 135
Attorneys It being debated at the Board whether the Goverr Lib. H. D. be consulted and Councill could properly take upon them the about Ap- hearing of Appeals and Writts of Error brought Writts of before them in a Judiciall way; as also the regulat Error ing the Court of Chancery taken into consideration Resolved that the Kings Attorney Ge&' wth the rest of the Whitehall Attorneys now in Towne be Sent for imediatly to give their Advice & Opinion about the same and accordingly Appeared Mr Robt Smith Speaker of the House of Burgesses Mr Attory Gen” Mr Kenelem Cheseldyne Mr Wm Dent & Mr Charles Carroll who upon Stateing the Case and debateing the Same pro & con, did humbly crave time to advise & further consult about it wch was granted and for their better direction was delivered to them Copy of an Instruction and Clause out of his Sacred Majties Comission to his Excency ffrancis Nich olson Esqr relateing thereto whereof they are to make report wth all convenient Speed.
Septr the 27th 1694
Produced the Answer & Opinion of the Attorneys about Whitehall the same wch being Read was referred to be reheard again to morrow Morning.
Sepr the 28th 1694
The Attorneys Answer last night Referred taken again into Whitehall consideration Resolved & ordered that the same be Sent downe to the House of Burgesses for their perusall The S'd answer runs in these following words; Vizt
To his Excency the Goverr Maryland
Sr
Wee have in obedience to yor Commands consid er'd and debated the Sevrll Matters Given us in Charge wch Wee conceive to consist of these two following propositions (to witt)
AttorYsopin- 1: Whether by Vertue of their Majties Comission the Goverr and Councill are not actually qualifyed & Writts of Enabled as a Court of Justice to hear and determine Error all Matters in Law that shall be brought before them by Error or Appeale or that there be a Necessity for any fur ther Authority or Comission to them for the same To wch Wee humbly answer, Wee are of opinion that you and Yor Coun
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Volume 20, Page 135 View pdf image (33K) |
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