Proceedings of the Council of Maryland, 1753-1761. 349

within the Antient Reputed Bounds and Limits of Maryland
and as there is yet no other Criterion Established whereby
to Ascertain the Bounds of the two provinces upon that
Quarter (the Same being still in Litigation and Waiting his
Majestys final order than Antient reputation we must be of
Opinion that such Survey must be so far from giving to that
Province a Jurisdiction of this matter, that we cannot but
Consider the Survey of that Land so far within the Antient
Reputed Bounds and Limits of Maryland by virtue of a War-
rant under the Pensylvania Government is not only an Injury
and Wrong to the Right Honourable the Lord Baltimore
and this Government but Likewise as a Contempt of and
Insult upon his Majestys Authority, before whom the matter
Relating to the Bounds of the two provinces then Was and
Still is in Litigation and suspence & directly repugnant to
his Majestys Order of the 25 of May 1758. Having Thus
may it please your Excellency stated the Several Matterial
Facts Resulting' from the papers you were pleased to lay
before us, and Interspersed a few Cursory Remarks.
We begg leave to Communicate our Opinion and Advice
thereon. And first we are of Opinion that the fact perpe-
trated by John Willy upon the Body of William Outten is
(and we presume to call it so) murther

Secondly that John Sharpe is Likewise Guilty as principal.
We begg leave to be understood as only delivering our
present Opinion supposing the Several facts above stated are
true as they now stand proved.
And Thirdly we are of Opinion that the place where the
fact is Committed is within the Antient reputed Bounds
and Limits of Maryland, and that Consequently the Tryal
of this Fact is not within the Jurisdiction of Pensylvania or
the three Lower Counties but belongs solely and properly to
this province.
And we do further presume, to Recommend to your Ex-
cellency an application to his Honour the Governor of pen-
sylvania and the three Lower Counties, that he will be pleased
to give orders to the Several Magistrates and officers within
his Governments that the said Willy and Sharp may be ap-
prehended and kept in Safe Custody untill notice thereof
may be given to your Excellency, and such Sheriff of this

Lib. J. R.

& U. S.

province as you shall be pleased to Direct for that purpose
may attend on the Borders on Some day to be appointed to
receive them for their Tryal in this province That he will be
pleased to give orders for the Discharge of such Persons
Residents of this Province who were attending the said Out-
ten at his Request in the Execution of his duty and who have

p. 306