576 THE CHANCELLOR'S CASE.—1 BLAND.

This Congress asserted and maintained the rights of their fellow-
citizens as Englishmen; and, following the example of "their
ancestors in like cases," had recourse to precedent as well as to
argument. In the English statute book they found the most une-
quivocal authority in favor of that judicial independency, to the
benefits of which, they thus contended the colonists were fully
entitled. By the famous English statute, passed in the year 1700,
(13 W. 3, c. 2,) for the better securing the rights and liberties of the
subject, it is enacted and declared in these words: " that Judges'
commissions be made quamdiu sc bene gesserint, [during their good

ing kindly disposed to enable these plaintiffs if practicable to obtain some
reimbursement for their losses, transferred and assigned all their interest in
her, except some sails paid for on account of D. Dulany, to the value of
£120, to these plaintiffs and Patrick Simpson. That afterwards some of the
seamen, who had been hired on account of the ship, instituted a suit in the
Vice-Admiralty Court of this Province before the Honorable Charles Calvert
then Judge of the said Court, against the ship and tackle, &c., and by a de-
cree of that Court she was condemned and sold for the sum of £600, which
was brought in and deposited with the said Judge of the Vice-Admiralty
Court; out of which the seamen's wages having been paid there was left a
balance of £309; after which Patrick Simpson was paid £103, and William
Cummings £6, leaving a residuum of £201; to which these plaintiffs are
entitled as assignees of the subscribers. That Charles Calvert the Judge
having that money in his hands died intestate, and administration on his
estate having been granted to Rebecca Calvert, she thus obtained it; after
which she by her last will appointed these defendants her executors and
died, and these defendants having taken upon themselves the execution of
her will, thus hecame liable for that amount to these plaintiffs: Whereupon
they prayed that the defendants might be compelled, to pay them the said
sum of money, &c.

On the 17th of February, 1735, the defendant Benjamin Tasker disclaimed
any interest in, or any authority to intermeddle with the money mentioned
in the complainant's bill, he having before the Commissary General entered
on record his renunciation of the executorship of the testament of Rebecca
Calvert deceased; and he also disclaimed any right whatever to the admin-
istration of the estate of Charles Calvert deceased. The two other defend-
ants by their answer admitted the facts set forth in the bill; but they
averred, that the said Charles and Rebecca had made no profit from the
money in their hands; that they as well ae these defendants had always
been and were then ready to pay the same to any persons justly entitled to
it, and to whom they could be safe in paying it, &c. The case was thus sub-
mitted oa bill and answer.

OGLE, C., 17th February, 1736.—Decreed, that the defendants George Plater
and Onorio Rozolini do pay and deliver unto the complainants the said sum
of £201 currency, upon such security being given to the master of this Court
as he shall judge sufficient by a bond of the penalty of £400 currency, paya-
ble to him, with condition to pay and satisfy to any person or persons such
proportion of the said £201 as such person or persons shall appear to be
justly entitled to after deduction of costs expended in this suit by both
parties, which is hereby ordered and directed to be paid out of the said sum
of £201 currency.—(Chan. Proee. lib. I. R. No. 2,fol. 761.)