Proceedings of the Council of Maryland, 1696 / 7-98. 97

     would not take cognizance of your peticonrs Action from Lib. H. D.

     which Judment of theirs in allowing the sd plea good your

     Peticonr craved an Appeal pursuant to an Act of Assembly

     of this Province, which was denyed him and consequently is

     left utterly Remediless, unless Relieved by yor Exncy

      Wherefore yor Peticonr humbly Pray's that such Methods

     may be taken by yor Exncy in this Matter as may bring yor

     Peticonrs Just Action to affair Tryall upon the merit thereof

                                    And he will Pray.

      By his Exncy the Governr &ca May the 15th 1697.

      The within Petition is Recommended to the Honrd the

     Justices of the Provll Court to give some answer thereto,

     which done, Some ffurther Ordr will be made therein in a full

     Councill.

                   Signed p Ordr Hen: Denton Cl Concil.

                     June the 2d 1697.

      Read the Justices of the Provll Courts Answer to the Ordr p. 484

     of Referrence from this Board in the Case betwixt Sr Thomas

     Laurence and Coll: Nicholas Greenberry, as follows Vizt

     Maryland: ss

      In answer to the Ordr of his Exncy the GoVT and Councill to

     the honrble the Justices of the Prov” Court upon the Peticon of

     Sr Thomas Laurence Baront

      This is humbly Offer'd.

     Justices of the     That the proceedings against the sd Sr Thomas

     Provil Courts

     Answer to Sr Laurence by his Exncy the late Govr Copley and

     T:   L: pet & Councill was Arbitrary and Illegall, but we doe

        Order of Reference    not find or Apprehend that any of those proceed

             ings were done by his Hone Coll: Nicholas Green-

     berry in his private Capacity, but as one of his Mats Councill

     whose Orders and determinations We humbly Conceive lyes

     not within our Jurisdiction to question, which was the Ground

     and ffoundation of the Justices Opinion. And for not grant.

     ing an Appeal from this Court We thought it inconsistent

     with both Law and Reason to take Bond to prosecute in a

     Cause not Tryable before Us.

      Besides the whole Cost which might be Recovered against

     the Plantiffe cannot amount to ffive pounds Sterl. Whereas in

     Appeals the Damage must be ffifty pounds at least.

   May the 21st 1697.     Signed p Ordr

                 Christopher Gregory Clk: Asst Cur Provlis.