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

          Lib. H. D. wittnesses nominated to attest the said Article were called &

                 sworn in like manner as the former to say the truth of their

                 knowledge concerning the said Article wch was read unto

                 them; who upon their Oaths do say, they know of no such

                 thing; only John Shanks says, he (by virture of an Order of

                 his ExncY and Councill) once seiz'd some papers belonging to

                 Capt John Good wch he carryed up to Annapolis; being then

                 under Sherriff to Mr Robt Mason High Sherriff of St Maries

                 County.

                   6th Article read Vizt He grants speciall Comissions to all

                 Spiritual Courts contrary to any Law or Act of Assembly of

                 that Countrey, and gives a Comission to call a Court in one

                 mans, and suffered the Iustices to try Causes in another mans

                 name. Major Willm Dent & Mr Samll Watkins, wittnesses

                 nominated to attest the said Article, were called & sworne in

                 like manner as the former to say the truth of their knowledge

                 concerning the said Article, wch was read unto them; who

                 desire they may give their answer thereto in writing, and was

                 accordingly done as followes,

                   Vizt As to the Article charging that the Governt has

                 granted Goniissions in especial Courts in one mans name &

                 suffering the Justices to try the cause in another, and vouch.

                 ing me Willm Dent to attest the same I depose that I

                 never knew any such thing by the Governr

                   But that I being Attorney of Thomas Aishwick (who was

                 factor of John Rogers of Plymouth Merchant) about thirty

                 odd hogsheads of Tobbo that Capt SIye had taken & sent on

                 bpard Capt Samll Scurry belonging to sd Rogers & Aishwick

                 we petitioned that it being a matter of Trade; We petitioned

                 his Exncy for a special Commission for a speedy tryall, wch was

                 granted, and we filed severall declarations agt Scurry for

                 thirty hhds of tobacco at Suite of Rogers & agt Slye for two

                 or three hhds of Tobacco in the name of sd Rogers Merchant

                 and all the actions save one, Slye agreed to pay debt and cost

                 himselfe; and the other action being agt Scurry for the thirty

                 hhds Capt Slye was baile for and managed at tryall, upon wch

                 we had judgement against him on a tryall; from wch Iudgment

                 Capt Slye said he would appeale; but I never saw any more

              p. 626 than that Capt SIye asked some persons then prseflt to be

                 bound, with him for the appeal, but they refused. Samuell

                 Wattkins saith that he knoweth nothing of his Exncy granting

                 any Commission or Comissions of Oyer & Terminer for tryall

                 of causes contrary to law within this Province. S. Watkins.

                   14th Article read; Vizt He hath Erected a Town in a very

                 ill remote place of the Province which he hath named Annaplis,

                 where he holds the Provincial Court enjoyned all Officers to

                 live there, hath put the Gountrey to an unreasonable charge