36 MARYLAND COURT OF APPEALS

and exhibitted the following Errors upon a Judgm^t given upon an informa-
tion brought by Nehemiah Blackiston Esq late Coll^l of the District of Poto-
mock deed: as well for their Ma^ts King William and Queen Mary as for him-
self before the Comm^rs of Oyer and Terminer, holding Court pursuant to
their Commission the i8^th day of Feb^ry in the Fourth Year of the Reign of
their s^d Ma^ts Anno Domini 1692 ag^t the s^a Charles Carroll for thirteen hun-
dred gall⁸ of Beer pretended by the s^d Informer to be imported contrary to a
Statute made in the third year of Henry the 7^th Entituled a certificate Shall
be made of goods brought into one port and removed to another and con-
trary to another Statute made in the 12^th year of King Charles the Second,
Intituled a Subsidy granted to the King of Tonage and poundage and other
Summes of money payable upon merchandizes exported and imported, as
also contrary to an Act of Assembly of this Province Entituled an Act for
the imposition of four pence per gall: on liquors imported into this Province.

The s^d Charles by his Attorney afores^d cometh and Saith that in the s^d
Commission of Oyer and Terminer the record and process afores^d as likewise
in the rendering of the s^d Judgm^t there is manifest Error.

Imp^[B] The s^d Commission is in all respects vitious, erronious and Void
ab initio, for that it is provided by the Statute of Westminster, the 2^d ca: 2Q^th
made in the 13Hon^We Year of King Edward the First that a Writ of trespass ad
audiendum et terminandum (w^ch extends to Comissions of Oyer and ter-
miner) from henceforth Shall not be granted before any Justices, except Jus-
tices of either Bench and Justices in Eyre unless it be for an heynous trespass,
where it is necessary to provide Speedy remedy which by the Law is deter-
mined to be insurrections Rebellions and Such like; and the mischeif in-
tended to be prevented by the s^d Statute was that Commissions of Oyer and
terminer were procured and Named by the partyes whom the matter Con-
cern'd, So as the Commission™ were neither indifferent nor of Sufficient
knowledge and learning by which it may plainly appear that this Commission
comes within the purview of the s^d Act, for the party concern'd being Coll:
Blackiston as informer and who was to reap [54] the bennefit of the Con-
demnation of the Beer was the very man who granted the Commission by
Sealing thereof, and not only So, but by granting it to the p^rsons to whom it
was directed, brought this Case within the other mischeif intended to be
prevented by the s^d Statute, Viz^t that they were not indifferent nor of Suffi-
cient knowledg and learning, as will undoubtedly appear by their Judgm^ts in
the Sequell of the proceedings and as it is provided by the s^d Statute that
Such Commissions ought only to be granted to Justices of either bench, or
in Eyre, and in as much as our provinciall Court is a mixt Court which takes
cognizance of matters properly belonging to the s^d Courts of both Benches if
they were to be tryed in England therefore Commissions of Oyer and Ter-
miner ought to be granted to none in this Province but to Some of the Jus-
tices of the prov" Court, (except for heynous and horrible trespasses etc: