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

          Lib. H. D. Boseman and Mr John West of the County of Somerset Gent.

          ffit to serve the County in the Office of high Sherriff.

                                                fir: Jenckins

                                                Geo:   Layfield

                                                Tho:   Newbold

                                                Tho. Dixon

                                               Steph:  Horsey

                                                Edmd Howard

                                                Arnold Elzey.

                  Then Read a letter by his Exncy recd from Mr ffrancis

                Jenckins dated the sd of this Instant July wherein is set forth

                that by Virtue of his Exncys Ordr which he Recd: not till the

                29th of June at Evening, he immediately writt Sumon's's and

                sent Messingers to give Notice to every Justice of the County

                to meet at the Court House on the Second of this Instant,

                pursuant to that Order, who all accordingly appear'd; only

                two that were absent out of the County, to witt Mr James

             P. 535 Round gone for England, and Mr. Thomas Jones, for the

                Horekill and two more, Vizt Coll: John Winder, and Mr Roger

                Woolford, impeded by indisposition of Body, Setting forth

                likewise, that the Representation in the Ordr mention'd never

                appear'd in Court and that one ffrancis Thoroughgood one of

                the Principal men of that Grand Jury utterly denyes his having

                any knowledge of the last Clause thereof touching the Con

                tinuation of the sd Majr Whittington in the Sherriffs Office.

                  Then was by Ordr Inspected what Justices are in the Com

                mission of Peace for that County, whereby it appears that Mr

                Matthew Scarborough, and Mr Samll Hopkins (two of yor sd

                Justices) are taken no Notice off, neither in the foremention'd

                Return nor Mr Jenkins Letter, and it being observed like

                wise that two of the Justices Signing that Return are parties

                Complainants, and that the rest of the Subscribers are but

                ffive in Number, wch is not one half of the Commission and

                further that the time assigiied for the Justices meeting, being

                adjudged too short, so that it was scarce possible they should

                be all of them got together by that time, all WCh inducing this

                Board to believe that the said matter might not be altogether

                so fairly Carryed on and as if the party Accused had not

                Equall Justice done him; Whereupon Mr Thomas Dixon one

                of the Complainants and Majr Whittington the party Accused

                (attending without) were Called for, who Came accordingly.

                The sd Mr Dixon is acquainted with the foregoing Observa

                tions made upon the sd Return, and Letter, and is asked why

                there was no motion made of Mr Scarborough nor Mr Hop

                kins, who makes answer, they were Dissentrs Majr Whitting

                ton being asked what he had to say prsents to the Board a