358 Proceedings of the Council of Maryland, 1694 97.

      Lib. H. D.     the said George Lingan does hereby protest against the sd

            Crauford accordingly as also demands of the sd Crauford before

            his the delivery of the plantations belonging to the

            Abington, that he may improve the same for the benefit of the

            Admrs in England &Ca the which said Crauford refusing the

            said Lingan therevpon did Protest against him for what dam

            age might thereby also ensue.

              Clause of a Letter sent from Mr Kenelm Cheseldyn Com

             missary Genll of the province of Maryland vnto his Excellency

             the Governr the sd Letter bearing Date, December the 17th

             1695.

            Clause of Vizt

            the Commis

             sary Genils How to free the Estate from the present mtangle

             Lre touching ments I see no legall way but by a Commission of

            the Court of

             Delegates Review, for by the Removall of the Commissaries

             sentence Records before the Delegates, he is by Law outed of

                   all Jurisdiction of the Cause, and the Delegates

             peal &Ca Commission is determin'd and their sentence is so

             vncertain by their words, none knows what it means, for they

             say they make that part of the sentence void, whereby that

             Article is disallowed, meaning that the Agreernt is a sufficient

             discharge of Abingtons Estate from the 660 lbs Whereas there

             is no such Article (as they call it) in my sentence either to be

             allowed or disallowed but a thing of their own fancy & imagi

             nation to support & colour an Erronious sentence, and were

             not my Record removed I see nothing in theirs to hinder the

             Execution of my first sentence. However I see not but W

             Lingan at Common Law as Admr may Replevy the Negros,

             for there is nothing in the Delegates Sentence to divest him

             out of the property to them; And also Mr Attorney Genll may

             sue the Admrcon BOnd for want of a true Inventory & not ex

             hibitted in time tho often Cited therevnto, for there is not one

             Debt of Abingtons brought into the inventory, And this will

             make good the damage of lying out of the Debts this year by

             his detaining them from the Administrator.

         p.     25 Certificate These are to certifye whom it may concern that

                   pursuant to an Ordr in Councill of the 15th of Octobr

             delivered 1691 there was on the 2d of Janry following delivered

             out of his  .          .                  bl

             Mats Store out of his Mats Stores within this Office to the honr e

             to Govr Colonel Lyonel Copley Governr of Maryland One

             Copl ey. hundred Barrells of powder, and two hundred Snap

             Musketts who put the same on board such Ship as he thought

             fit to transport them thither; but on board what Ship we know

             not nor is this Office to be at any charge for the ifreight