Original.
Calvert
Papers.
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of which it is so conspicuous a Member; (And concerning;
understanding a Doctrine prevailed about Escheated Land to
the Lord Proprietor Qre the Right on Escheat to him; and by
intelligence from the Province setting forth the matter arising
thereon, the case was stated, and answered by opinions
Sr Robert Henley & Mr Pratt Attorney Generals here &
transmitted to Mr Bordley Attorny General in Maryland ;
And on which right I learn since from persons here & from
the Province, that a late Instance on Escheated Land at the
Provincial Court adjourned to July last, a cause was Tried
under the Escheat Patent. Mr Charles Goldsborough &
Edward Dorsey counsel for the Tenant & Mr Attorney Bord-
ley for the Proprietor; The Defts Counsel opened the several
Points, said taken from an opinion of M'Dulany, on the affair
of his Lordships Escheats; And then applied themselves not
only in matter of fact & Evidence but likewise in matter of
Law to the Jury, without paying the least regard to the Court,
whose Province is to determine matters of Law, the Court
taking no Notice of them for Endeavouring to deprive them
of their Jurisdiction; Mr Bordley being Possessed of their
argument of Law & Learning & the several points from Henley
& Pratt, he replyed; taking the matters of Law from the Deci-
sion of the Jury & Lodging them before the Court; moved the
Court as it was a matter of the utmost importance both to the
Proprietor & the Province; And that as the Jury had a right
to determine the matters of fact & the Bench the matters of
Law, & upon both which their determinations, each Branch of
the Court would determine what was within its own Province
to determine; And therefore prayed the Bench to direct the
Jury to find a special Verdict, which would contain the facts,
that the Bench might at a future day after all parties had
proper time to consider them, determine the Law resulting
from those facts, this he insisted & did claim as a matter of
right & not of favour & that by this means the whole case
would be put into the only proper light for an appeale if either
party should be dissatisfyed with their Honours Decision, this
application produced a violent opposition from the other side
as unfair, for making a motion for a Special Verdict, till he got
from them all their Authorities upon the several Points; to
which he answered it was owing to their unfairness by their
address to the Jury the Law, which they ought to have
addressed to the court; And after much dispute on both
sides, their Honours of the Bench directed the Jury to find a
Special Verdict. This point gained they drew each their own
part of that Verdict & Mr Attorney finding by theirs that they
had incerted two Steps of their Title under the original Pat-
entee (for whose Dying without Heirs it was insisted had
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