at annapolis before revolution 23

The commission also contained instructions for
the organization of the Court of Chancery.

Governor Nicholson lost little time in proceed-
ing under this authority. On September 22,
1694, the matter was brought up for discussion
at a meeting of the Council at St. Mary's, and a
question arose of need of legislation to make the
authority effective. And it is recorded ² that:

It being debated at the board whether the Governor and
Council could properly take upon them the hearing of appeals
and writs of error brought before them in a judicial way, as
also the regulating the court of Chancery taken into considera-
tion, Resolved that the King's Attorney General, with the rest
of the attorneys now in town be sent for immediately to give
their advice and opinion about the same. And accordingly ap-
peared Mr. Robt. Smith, Speaker of the House of Burgesses,
Mr. Attorney General, Mr. Kenelm Cheseldyne, Mr. Wm.
Dent, and Mr. Charles Carroll, who, upon stating the case and
debating the same pro and con, did humbly crave time to advise
and further consult about it, which was granted; and for their
better direction was delivered to them copy* of an instruction
'and clause out of his Sacred Majesty's commission to his Excel-
lency Francis Nicholson, Esqr., relating thereto; whereof they
are to make report with all- convenient speed.

After having prepared their answer and read it to
the House of Burgesses, the attorneys delivered it
on September 28, 1694. It was their opinion
that the Governor and Council needed no further
authority to hear all matters in law coming be-
fore them either by appeal or writ of error from
the Provincial Court, but they conceived it to be
necessary for the information of the people that it
be signified by proclamation how often in the year
there would be sittings for the purpose. The

2. Archives, Proc. Council, 1693 to 1696/7, 135.