Proceedings of the Council of Maryland, 1694 97. 311

      That whereas your Petitionr is Agrieved with a sentence Lib. H. D.

    of the Commissary Generall of this Province in a difference p. 224

    before him depending between your Petitioner the former

    Admr of John Abington deceased and George Lingan the

    present Admr of the said Abington wherein your petitionr con

    ceives to have great wrong & injustice done him did therefore

    in due time Enter his Appeal from the said sentence, but in

    reguard of your Exncies absence could not procure a Commission

    to a Court of Delegates to Examin the said sentence sooner.

      He therefore humbly prays your Exncy & honors to Grant a

    Commission to such persons as in your discretion you shall

    think proper, to be when & where you will please to Order

        And you Petr as in duty bound shall ever pray &Ca

    Commission It being Argued & Represented that a Commis

    for a Court .  .   .   . .          .

    of Delegates sion of Review will lye if in case the parties should

    Ordered not rest satisfyed with the sentence or Judgmt of a

    Court of Delegates; it is therefore thought convenient that

    ifour of the youngest of his Mats honoble Councill with three of

    the justices of the provinciall Court be joyned in Commission;

    And therevpon Ordered that a Commission issue to constitute

    a Court of Delegates accordingly hereby nominating &

    appointing the honoble Coll John Addison, Coll John Courts,

    Thomas Brook Esqr James ifrisby Esqr ifour of his Mats

    honoble Councill and the honoble Majr John Hamond Capt

    Richard Hill & Capt Thomas Tasker, three of the Justices of

    the provinciall Court to be a Court of Delegates as aforesd

    who are to meet at the Port of Annapolis Saturday next by

    two of the Clock in the afternoon, & that Notice be given

    accordingly, and that Henry Denton be Clerk or Registr of

    the sd Court.

                  October the 9th 1695.

      His Excellency acquaints the Board, that vpon a petition

    here prferred by James Crauford, praying for a Court of Dele

    gates &Ca The Sd Commission was (pursuant to Ordr) pre

    pared & brought for his Exncies signing & passing the Broad

    Seal; And whereas the honoble James ifrisby Esqr being one of

    the Commissionrs therein appointed, refusing to take the

    Oaths, vrging that he had taken the Oaths before, therefore

    desired to be left out of that Commission; His Excellency

    demands what is to be done therein; Wherevpon the matter

    being by the Gentlemen of the Councill fully debated & con

    sulted, they make answer that seeing it appears that Mr ffrisby

    has out of scruple of conscience refused to take the Oaths, p. 225

    having taken them before, they are therefore of Opinion that

    another of the Councill be put into the said Commission in his