42 Proceedings of the Council of Maryland, 1693-94.

      Lib. C. B. Then was Read the following Petition, Vizt

                To the honble their Majties Councill for the Province

                             of Maryland

             Thomas Tench by his Petition Humbly Showeth

                    That by Vertue of a speciall Comission of Oyer &

           abt Seizure Terminer before their Majties Justices therein named,

        p. 46 of his ship at their Court held at the City of St Maryes: the ship

           by Esqr Randolph    Margaret of London, one William Burnet Comander

                  was vpon a fair Tryall and by the Verdict of a Jurye

           legally Convicted and condemmed for breach of severall Acts

           of Parliament of England relating to ‘Trade & Navigation &

           therevpon adjudged to be forfeited with her Goods &ca one

           third to their Majtes the other third to the Governoo and the

           remaining third to their Majties Collector whoe Seized & sued

           for the same according to the Tenoe of the said Acts: That by

           Vertue of the condemnation & fforfeiture aforesd the said ship

           hath been taken into custody & is now ready to Saiie, but pre

           vented and stoped by the Seizure of Edward Randolph Esqr

           Surveyoe Generall of their Majties Customs here, vnder what

           pretence yoe Petitionr is not certainly informed, but (as is said)

           for want of a due Entry and paying their Majties Duties before

           loading to the great Damage of your Petitioner now therein

           interested & concerned and vtter overthrow of the Voyage

           against which he hath at present noe further or other Remidy

           then to applye himselfe to this honlbe Board for an Order per

           emptory to take off the Seizure aforesaid he haveing given

           security to the Collector according to Law & is willing to give

           New Bond & Security for the Master of the said Ship to pay

           the Kings Dues and observe the Laws &ca as is Usuall

                                        And shall pray &Ca

             After a full heareing of the same it was the Opinion of this

           Board as likewise of their Majties Attorney Generall here, being

           therevnto Required his Advice, that Whereas the said Mr

         p. 47  Randolph hath hitherto made noe Application to the Governmt

             for the bringing the said Ship to a legal Tryeall since the

             seizure of the same by him made as aforesd that therefore a

             Speciall Court of Oyer & Terminer be forthwith appointed for

             the Tryall of the said Ship, and therevpon—

             Ordered by advice aforesd as it is hereby Ordered that

           Cofnission forthwith issue vnder the Great Seale in Order to

           call a Speciall Court of Oyer and Terminer, thereby constitute

           ing & appointing Samuell Holdsworth Nathaniell Dare John

           Bayne, John Lowe & John Watson Gentlemen Comissionrs &