Proceedings of the Council of Maryland, 1694 97. 135

    Attorneys It being debated at the Board whether the Goverr Lib. H. D.

    be consulted and Councill could properly take upon them the

    about Ap- hearing of Appeals and Writts of Error brought

    Writts of before them in a Judiciall way; as also the regulat

    Error ing the Court of Chancery taken into consideration

    Resolved that the Kings Attorney Ge&' wth the rest of the Whitehall

    Attorneys now in Towne be Sent for imediatly to give their

    Advice & Opinion about the same and accordingly Appeared

    Mr Robt Smith Speaker of the House of Burgesses Mr Attory

    Gen” Mr Kenelem Cheseldyne Mr Wm Dent & Mr Charles

    Carroll who upon Stateing the Case and debateing the

    Same pro & con, did humbly crave time to advise & further

    consult about it wch was granted and for their better direction

    was delivered to them Copy of an Instruction and Clause

    out of his Sacred Majties Comission to his Excency ffrancis Nich

    olson Esqr relateing thereto whereof they are to make report

    wth all convenient Speed.

                   Septr the 27th 1694

     Produced the Answer & Opinion of the Attorneys about Whitehall

    the same wch being Read was referred to be reheard again to

    morrow Morning.

                    Sepr the 28th 1694

     The Attorneys Answer last night Referred taken again into Whitehall

    consideration Resolved & ordered that the same be Sent

    downe to the House of Burgesses for their perusall The S'd

    answer runs in these following words; Vizt

                To his Excency the Goverr

    Maryland

          Sr

            Wee have in obedience to yor Commands consid

    er'd and debated the Sevrll Matters Given us in Charge wch

    Wee conceive to consist of these two following propositions

    (to witt)

    AttorYsopin- 1: Whether by Vertue of their Majties Comission

      the Goverr and Councill are not actually qualifyed &

    Writts of Enabled as a Court of Justice to hear and determine

    Error

    all Matters in Law that shall be brought before them

    by Error or Appeale or that there be a Necessity for any fur

    ther Authority or Comission to them for the same To wch Wee

    humbly answer, Wee are of opinion that you and Yor Coun