314 Proceedings of the Council of Maryland, 1694 97.

       Lib. H. D.          October the 17th 1695.

             Lawyers His Excellency having sent for the severali Law-

             consulted

             touching yers in Town to consult them concerning the Juris

             Jurisdiction diction of a Court of Delegates whether the said

            of a Court of  Delegates Court have not a parallell Jurisdiction with the

                    Governr & Councill for bearing Appeals & Writs of

      Whitehall  Error, Viz' in the obligation of their either affirming or

             reversing the sentence of the Commissary Generall, or

             whether they can affirm one part of the sentence and let alone

             another, and whether they may make a Judgmt of their own.

               And accordingly appeared Mr Attorney & Soliicitor Genll

             Mr Cheseldyn, Mr Carviie, Mr Carroll, Mr Clarke, and the

             Case being stated vnto them, and after some debate & con

             sultation of the matter, they desire to consult their Books

             before they give any positive Opinion therein; therevpon his

             Exncy in his Mats name did Command & Ordr that for the

             service of his Majesty & future good of the Countrey they

             would Return each of them their Opinion vnder their hand of

             the true State of the same, what the Law says in that Case.

             Lawyers His Excellency further puts to them if in case any

              Judge Enters his Dissent to the Judgmt of the rest

             Judges I)is- of the Judges sitting in Judgmt with him, whether

      Whitehall tring &ca  such Judge dissenting shall not therevpon give or

                    shew some Reason for such his Dissent, & whether

             the same should be Entred in the Record or not, who are

             Unanimously of Opinion that any Judge may Enter his Dissent

             without shewing any Reason, and that such Dissent ought to

             be Enter'd in the Clerks Minute Book fair writ out, but not

          p. 228 in the Record, And therevpon Ordered that the same Rule be

             observed in all & singular the Courts of Justice within this

             Province, and that the Clerks of the said Courts be constantly

             obliged to fair write out every Courts Minutes to be safely

             kept among the rest of the Record Books, it being adjudged

             by the Lawyers here that the same will be of very great vse

             in severall respects.

               The Opinions of the severall Attorneys on the aforegoing

             Case are as follows, Vizt.

               To his Exncy ffrancis Nicholson Esqr Capt Genll & Governr

             of Maryland &Ca

             Mr Dents I have not since your Exncy commanded my

             Opinion

             touching the Attendance seen the question you were pleased to

             Jurisdiction state last night, but if I mistake not it was, what the

              power & Authority of a Court of Delegates in this

                    Province is what their Jurisdiction is, and by what