Proceedings of the Council of Maryland, 1694 97. 319

   & thing that they have to deale withall is the Record of the Lib. H. D.

   first Sentence, This I do humbly offer to yor EXnCY

                      as my Opinion

                                R Gouldesborough

      I am of the same Opinion

                               Ro:    Carvile

     To his Exncy ffrancis Nicholson Esqr Capt Gen” & Governr

   in Chief of Maryland.

   Mr Platers In obedience to your Exncies Commands I have

   touching the pervsed your Excell proposalls relating to the Juris

   Jurisdiction diction of the Court of Delegates and in answer

    thereto do humbly conceive that the Court of Dele

          gates doe sit by Virtue of a Commission vnder the

   great Seal in an Appeal from a Sentence given in any Eccle

   siasticall Court, as also when Sentence is given in the Admir

   alty Court in Suits Civill & Marine by the Ordr of the Civill

   Law, which said Court of Delegates have full power to hear

   & Examin into the sentence of the Judge of such Court from

   whence such Appeal shall be brought before them and the

   same either to confirm or set aside & make Void, and not to

   make Void one part & confirm the other for that I humbly con

   ceive that the Sentence of the Judge of the Ecclesiasticall

   Court ought not to be destroyed in one part & confirmed in

   the other no more than a Jugmt at Common Law vpon a Writ

   of Error, which if in one part allowed Vicious the whole

   Judgmt is destroy'd, all which is humbly submitted to [yor

   Exncy] by

          Yor Exncies

                  Most obedient servant

                                  George Plater

                I am of the same Opinion

                                     S.    Watkins

               Munday October the 7th 1695

   Coll Wells The Councill again Sate & were prsent as on Sat- P. 238

   Excuse for                                  Whitehall

   not appear- urday.

   ing to serve Produced & Read a Letter from Coll George

   in the provll

   Commis- Wells vnto his ExncY directed, Dated 28th of Septem

   sion &ca ber last past, therein giving an Accot of his great

   sickness wherewith he has been & still is afflicted and there

   fore desires the same may be Esteemed excuse sufficient for

   not appearing according to the Ordr of the Councill in August

   last. Ordered that the said Letter be laid before the Justicesof the Provinciall Court for their cognizance.   Whitehall