120 Proceedings of the Council of Maryland, 1702.

            Lib. x. This Board considering that altho the petitioners Estate is

                  very inconsiderable yet that he is unworthy but that in re

                  gard to his Wife & poor Children will be destitute of any

                  support most of the small Estate Consisting of 7 head of

                  Cattle by which they are nourished advised & Ordered that

                  the seizing his said Estate be suspended till his Majestys

                  pleasure shall be Signified to the contrary however that good

                  security be taken that the said Estate shall be forth coming

                  when required

             p.   283 It having been represented that one David Hughs had been

                  convicted for Breaking a store & stealing some small Quantity

                  of Rum & Sugar in which fact his Master was found to have

                  been concerned with him it being Considered that the said

                  David Hughes was a Servant under the Terror of his Master

                  & being very young upon his Great Bewailing his Folley

                  Ordered his Majestys Gracious Pardon be extended to the

                  said David Hughes

                   His Excellency acquaints the Board that Lieut Collo Thomas

                  Smithson the present chief Justice of the Provincial Court had

                  refused to serve in that station any Longer than this present

                  Court & asks them who they would advise to supply his Place

                  who say they know of none near so well qualified for that

                  Employment:

                   Then was read the petition of Major Wm Dent his Majestys

                  Atty Genl & other the practitioners of the provincial Court

                  expressing how easy the said Collo Smithson had made the

                  Business of that Court by his knowledge of the Law &

                  Beseeching either his Excellency to use means to continue the

                  said Collo Smithson in the said Station of Chief Justice or

                  otherwise as in his Wisdom he should think fit to supply the

                  said Office with some other able Learned & Discreet person

                   Read also the indorsement of the said petition by the honble

                  the Justices of the Provincial Court approving the said petition

                  & being desirous the said Colonel Smithsons desert should

                  meet with a Suitable Reward for the extraordinary pains he

                  takes in Discharging that Trust and Employment.

               p. 284 And thereupon it was resolved that in regard, the said Collo

                  Smithson is so well qualified and gives such great Satisfaction

                  to the Country in his Station & for that there is an absolute

                  occasion of a present chief Justice in whose names the writts

                  should bear Test that it be recommended to the next assembly

                  to consider of some Encouragement to be given to the said

                  Colo Smithson for his Continuance in that Station and that the

                  said Collo Smithson be assured that if he will continue to serve

                  in that Trust & Employment his Excellency & this Board will

                  take care that he shall be paid as an Encouragement for the

                  time he Serves not exceeding one year proportionably after