92 Assembly Proceedings, 1694-1728.

Public
Record
Office,
London.
C. O. 5,
Vol. 731,
Maryland.
From
1694-1702.
Acts

been lately made acquainted of the Right Reverend Father in God
the Lord Bishop of Londons pious intentions, of sending over to us an
able and pious Divine not onely to propagate the Holy Gospell but to
Supervise and overlooke the other Ministers & Divines in this Prov-
ince and Consulting with our selves what Encouragement to give
and how to provide a Support suitable to the quallity of such a
person in some measure answerable to his Eminent function can
conceive of nothing more suitable at present then to annex the Office
of Commissary Generall and probate of Wills and granting admin-
istracons in this Province to such Divine dureing his residence in this
Province, doe therefore humbly pray that it may be Enacted and may
it be Enacted by your Most Sacred Maj^ty by and with the advice and
consent of this present Generall Assembly and the Authority of the
same, That for ever hereafter the said Office of Commissary Generall
of this Province for probate of Wills & granting of Administracons
shall be Annexed to such Divine or Commissary from time to time to
be appointed to that Sacred and Holy function, as part of the revenue
for such Divine, And that your Maj^tys Governour or Commander in
Cheife be required & commanded by your Maj^ty upon the Arrival or
appointment and resideing here of such Divine or Commissary and
application to him made to grant and confirme the said Office &
Trust of Commissary Generall and probate of Wills and granting
Administracons to such Divine in as full large and ample manner
as has been usuall to other Persons in this Province. And for as
much as the said Office is an office of great charge and conduct &
Trust haveing under its care the Estates of Widdows and Orphans of
all persons dyeing in this Province and is altogether Judicial and
cannot be Exercised by any Deputy or Representative but by one
resideing in this Province who may thereby be answerable to the
Justice of the Laws of this your Maj^tys Province of Maryland upon
any notorious Missfeasance or malefeasance therein, And that
Doctor William Payne hath heretofore obtained from his Excellency
Francis Nicholson Esq^re your Maj^tys Govern^r of this Province whilst
in London, a Commission for the said Office upon many fake
feigned and untrue Suggestions as Wee humbly conceive and now
does pretend claime and demand to have the Excercise Benifitt and
Profitt of the said Office to himselfe and a Deputy whome for that
purpose he hath appointed in this Province, whilest himselfe remains
Resident in London. To prevent such Evills and falce Suggestions
for the future, We humbly pray that it may be Enacted by the Au-
thority aforesaid that at all times upon the Death or absence of such
Commissary or Divine aforesaid, your Maj^tys Governour or Com-
mander in Cheife be directed and required to grant the said office
and Trust to some other sober Learned & discreet person of the
Clergy or otherwise, Resident in this Province untill some other
Commissary or Divine for that purpose be appoynted.