136 Proceedings of the Council of Maryland, 1694 97.

       Lib. H. D.    cill are Sufficiently Authorized and Empowered by Yor Coinis

             sion from their Majties to hear and determine all Matters in

             Law comeing before You either by Appeale or Writt of Error

             from the prov” Court wth out any further or other Comission

       Whitehall     or Authority for the same but Wee conceive it Necessary for

             information of the people that You Signiefie by proclamation

             how often in the year you will Sit to hear & determine such

             matters.

              2: What will be the best Methode or Manner for consti

             tuteing a Court of Chancery or Equity in this province

             according to the constitutions of the same.

              Wee Say that because you have power & Authority to con

             stitute Erect and establish such & so many Courts of Judica

             ture & publick Justice &ca as to you shall seem convenient

             &Ca You may constitute a particular Court of Equity in this

             province. But then for the Honr of the Goverr & Councill it

             would be Necessary to declare by a Law that any person

             expecting to be relieved by Equity shall lay hold of the same

             by Injunction or otherwise before the Matter in Law by

             Appeale or Eror be laid before the sd Goverr & Councill and

          p. 58 not after or else you may procure a Law to be made declare

             ing the Goverr & Council to be Judges in Equity wthin this

             province when the matter shall in a regular equitable way be

             brought before them by Subpen Injunction or Petition and not

             otherwise And this wee say because wee are not Unanimously

             Agreed wth of the Two is most Agreeable to the Current of

             Law and constitution of this province And wee humbly Sig

             nyfie that Wee take it to be Against the Current and the

             Meaning of the Law and incongruous of it Self to have the

             Same persons Judges in the Prov” Court as also Judges in

             Councill for the Motion of Appealing or Writts of Error is to

             except Against the Judgmts of these Judges that gives Judgmt

             & Appeale to other Judges in a Superiour Court wch plainly

             Supposes different prsons this is our present Opinion of the

             Matters abovesaid to wch wth Submission to better Judgments

             wee Subscribe

                    Yor Excency most humbly & faithfull Servants

              Septr the 26th 1694    Rob: Smith

                                     Kenelem Cheseldyn

                                     Geo: Plater

                                     Edwd Boothby

                                     Willm Dent

                                     Phil: Clarke.