118 Proceedings of the Council of Maryland, 1696/7-98.

          Lib. H. D. adjourned to yor Exncy may legally Appoint a time for the

          Setting thereof without discontinuance of the Process.

                                                George Plater

                          June the gth 1697.

                May it please yor Exncy

             p.     501 I have Reconsidered the matter Referred by yor Exncy and

                Councill whether the Provinciall Court may be legally Called

                Soonr than the time to which the Same is adjourn'd by the

                honrble the Justices of the Same Court &ca The Law is Clear

                that the King may by his Writ of Adjournmt directed to his

                Justices Adjourn the. term from one Return to another, and so

                from term to term but not otherwise; but if the Justices with

                out the Kings Writ do Adjourn the term from one Return to

                another, the King cannot then Cause the term to begin sooner

                than the time of adjournmt

                  And in this particular Case a New Commission cannot give

                Power to the Justices to Trye those Causes that are now

                depending at any time Sooner than the time to which they

                and all their Appendages were Adjourn'd; and if a new Com

                mission be granted to Sit Sooner than the time of Adjournmt

                then at the time of the Swearing the sd Commrs all the ad

                journ'd Pleas and process will be discontinued; and there is

                not any Remedy in as much as a day ffixed cannot be made

                to Come Sooner than it would do by the Regular Ordr of

                Nature; and the Law doth greatly respect the Ordr of Nature;

                this I do humbly Submit to yor Exncy upon my Second Con

                sideration of this Case retracting my former Opinion upon

                better Consideracon

                                        Yor Exncys humble Servant

                                             R:   Gouldesborough

                  I have also Reconsidered of the former Report and the

                Mattr of Law in the premises and Agree to this Opinion.

                                                Wm Dent

                                                George Plater

                          At a Councill held

                          June the 7th 1697.

                                Present

             His Exncy ffrancis Nicholson Esq Capt Genll

                   Sr Thomas Laurence Barront Secryr

                            Coll:  Henry Jowles

                            Coll:  Nicho Greenberry

                            Coll:  Charles Hutchins

                            Coll:  John Courts