Proceedings of the Council of Maryland, 1728.     497

    so that the whole matter Contained in the said Representation Lib. X.

    is as this Respondent is advised Clearly out of the before

    recited Provisoe and Consequently this Respondent answer

    able to the said Philip Lee only by due Course of Law

      And the Respondent further sheweth that the said Re

    presentation is a Complaint in the nature of an Original Suit

    Charging the Respondent with withholding from the said

    Philip something that he Claims as right which the Respon

    dent is advised is altogether Improper for your Honours Con

    sideration in the first Instance not being more triable by your

    Honours than other Suit or Controversy whatsoever and that

    your Honours Cannot as this Respondent is advised Apply

    the proper and only Remedy which the Law hath Given the

    said Philip if he has any just Claim against the Respondent

    which is to Award him damages which only can be Assessed

    by a Jury

      The Respondent further humbly shews your Honours that

    by the 29th Chapter of Magna Charta no man is to be taken

    or imprisoned or disseised of his Freehold or Liberties or

    Free Customs or Outlawed or Exiled or otherwise destroyed

    or Condemned but by lawful Judgment of his Peers or by the

    Law of the Land

      That by a statute made the 25th of Edward the third Chap

    ter 4th it is Enacted that from thenceforth none shall be taken

    by Suggestion or Petition to the King or his Council unless by p. 210

    Indictment or presentment of good and lawful people of the

    neighbourhood or by Process by writt Originall at Common

    Law and that none shall be put out of his Franchise or Free

    hold but by Course of the Common Law and by another

    Statute made 76 Chas Chap 10 It is enacted and declared

    that neither his Majesty nor his privy Council had or ought to

    have any Iurisdiction power or Authority by English Bill

    petition Articles Libell or any other Arbitrary way whatsoever

    to examine or draw into Question Determine or dispose of

    the Lands Tenements Hereditaments Goods or Chattels of

    any the Subjects of the Kingdom of England but that the

    same ought to be tried and determined in the Ordinary Courts

    of Iustice and by the Ordinary Course of the Law

      And the Respondent further saith that in as much as the

    Representation is in the nature of an originall Suit for a matter

    Clearly out of the Act of Assembly Mentioned in the repre

    sentation and only examinable and Triable by the Course of

    the Common Law & tends to subvert Trialls by Jury and is

    in the Example of it (as the respondent is advised) Dangerous

    to the Liberty of the Subject

      The Respondent Claims the Benefit of defending himself

    touching any Claim the said Philip Lee might have against