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

           Lib. H. D. The Court upon due consideration of the Arguments &

                  allegations & the Authorityes produced on both sides, the

                  Court gave their severall opinions Vizt

                   Mr Willm Hatton was of the opinion that by the reading

                  only & not swearing of the new Comission it was not an abso

                  lute discharge of the old Comission.

               Mr Jno Pollard     Capt Phillip Hoskins

                   Mr ffrans Ienckins Capt Thorns Tasker were of the

                   Mr Thoms Staley                 Capt Richd Hill     same opinion.

                   Major John: Thompson were of opinion tht the old Comis

                   Major John Hammond sion was discharged by the Read-

                   Robt Smith Esqr   ing & promulgating of the new

                  in full County.

                   Whereupon the Court proceeded to give Iudgment and

                  it was by the Court hereby the Majority of Voices adjudged

                  that the old Comission aforesd was not determined by the

                  reading of the new without the new Comission had been

                  cornplyed wth, according as by the said Comission & dedimus

                  was directed.

                                              Chr: Gregory Clk.

                   The sd Report is approved off & Ordered tht the sd Coin

                  ission be given to his Majtys Lawyers for them to consult

                  whether it is best tht a new Comission issue or that the Dedi

                  mus in the same be only altered. Whereupon was brought

                  in the following answer Vizt

                  To his Exncy the Governr & the Honoble the Council &ca

               p.    554 In obedience to yor Exnncys Comands We have perused the

                  Commission for Somrsett County and are of Opinion that for

                  the prevention of any disputes the same Wth the dedimus

                  issue forth a new under the great Scale, and tht the dedimus

                  be directed to all or any of the Justices, which is humbly sub

                  mitted to by yor Exncys

                                           Most obedient Servants

                                                George Plater

                                                Willm Dent.

                            Octobr 20th 1697.

                  The following Ordr was indorsed Vizt

                   By his Exncy the Governr & Council

                   Ordered tht a new Comission of the peace issue out of the

                  Honoble the Secrys office for Somrsett County pursuant to the

                  within directions, and that the Dedimus run Generally and