316 Proceedings of the Council of Maryland, 1694 97.

       Lib. H. D. & Civill Law for with submission to better Judgmts I take the

             Cannons to them to be as the Statutes to the Judges of Comon

             Law, and the Civill seperate from the Cannon to be to them

             as the Common Law to the others, And this at present is the

             Opinion of              Yor Exncies weak but

               Octobr 18th 1695.         obedient Servant

                                              Willm Dent.

             Maryland ss.

             Mr Carrolls In obedience to your Exncies Ordr commanding my

             Opinion touching the Opinion to be delivered to your Exncy vpon certain

             Jurisdiction Queries put to severall Gentlemen professing the

             of a Court of Delegates,     study of the Law in this Province I do humbly Offer

                    as to the first.

               That Whereas your Excell puts the Question what the Juris

             diction of a Court of Delegates is I humbly Offer tht the short

             ness of time given by your Exncy to answer the question being

             but one day does not allow me leizure to give your Exncy such

             satisfaction therein as perhaps vpon further time, maturer

             deliberation and more strict Examination then the shortness

             of the present time will permit I might be able to do, but how-

         p. 230  ever my obedience is such that I will rather Rune, the Risque

             of mistaking in point of Memory in my reading then disobey

             ing your Exncies Commands, wherefore as to the Question In

             the first place I make a distinction between a Court of Dele

             gates as the constitution of this Province stands and a Court

             of Delegates absolutely to be Governed by the Civill Law,

             Common Law & Statute Law of England, because that some

             Acts of Assembly of this Province do according to our consti

             tution alter some matters relating to Causes cognizable by a

             Court of Delegates, as particularly the Act for preservation of

             Orphans Estates, but in generall I am of Opinion that the Juris

             diction of a Court of De!egates in this Province extends to

             Examin the justness of any sentence given by the Comissary

             Generall in any cause belonging to his Jurisdiction, which I

             look vpon only to be matters testamentary and Letters relating

             to Admrcons as passing of Accounts, the justness of the Article

             thereof the Division of intestates Estates, Right of Admrcon

             &Ca But by a Court of Delegates in England not only the

             aforesd Matters are cognoscible but likewise Matters Matri

             moniall, matters relating to Tythes matters of spiritual defa

             mation, beating of Clerks &ca so that the Jurisdiction of such

             a Court in this province is in a great measure abridged by

             our constitution from what it is in England.

               2dly As to the 2d Quere, Vizt whether there does not lye an

             Obligacon vpon the Court of Delegates of either affirming or

             reversing the Commissaries Sentence, as in case of Appeals