190 Proceedings of the Council of Maryland, 1694 97.

     Lib. H. D. 3dly What is to be done in case of persons in Execution or

           otherwise and in Criminall Matters depending where persons

           are bound over by Recognizance to appear &c:—

           4thly Whether it may not be advisable and to the service of

           the Countrey for prevention of like Accidents that a Law be

           made to inflict a severe ifyne vpon every Justice neglecting to

           come to Courts or refusing to serve when Commissionated,

           obliging them to sit a certain Number of hours every day and

     Whitehall so continue siting vntill every Courts Docquet be fully cleared

           And that the Clerks of each County be therein likewise vnder

           a penalty obliged to make constant due Return of the severall

           ffines & fforfietures thereby becoming due vnto the Provinciall

           Office in Order for the Attorney Genlls making prosecution

           thereon &c: And lastly that in the said Law it may be provided

           for Sheriffes to summons substantiall Grand & petty Jury Men

           ouf of every hundred to serve at Courts.

              What is to be done against St Maries County Justices

           who have now neglected to hold Court and against such as

           are not sworn & refused to take the Oaths, whether there be

           any Law to punish them.

             6thly By what Grounds of Law a person may forbid the

           Banns of Matrimony vpon publication made and whether in

           such a case if a lawfull impediment do not appear the party

           grieved may not bring his Action &c:

             Then produced the severall Attorneys answers thereto which

           were likewise Read, the Majority of them being of Opinion

           that all Actions & process then depending before that Court

     Whitehall are thereby discontinued & the Commission fallen for want of

           adjournmt and that by consequence a new Commission must

           issue.

             Proposed by his Excellency the best way to Redress this

           Grievance desiring the Gentlemen to give their advice therein,

           who make Answer their Opinion is that a new Commission

           must Necessarily issue & therevpon Ordered that Commission

       p. 114  of the peace and for Tryall of Causes issue a new out of the

           Secretaries Office of this Province according to Usuall Custom

           & forme (omitting the Clause of the Amerciamts the Law

           having given them to be disposed off as the Commissionrs of

           the County Courts shall think fit) constituting these following

           persons Justices & Commissioners for the said County of St

           Maries, Vizt

     Whitehall Kenelm Cheseldyn      Wm Asqueth

           Henry Denton        Thomas Beale

           Philip Lynes      Gentl of the Quorum }     Wm Husbands

           Samll Cooksey      Ralph fforster

           Capt Thomas Attoway          Richd Benton