Volume 25, Page 28 View pdf image (33K) |
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28 Proceedings of the Council of Maryland, 1698.
Lib. X. behalf of your Petitioners whereby your Petitioners are utterly defeated of their Estate in the same Lands & Tenements & that without just or Legal Tryall at Law The premises considered your Petitioners humbly pray they may be restored to the Possession of their Lands by Such means as the Law directs until the right in Law shall be Iudicially determined And they shall ever pray &Ca
Colo Darnal gives his answer in writing thus viz' that the Land mentioned in the petition was granted by his Lordship in England to Mr Charles Carrol further the said Colonel Darnal endorsed thus upon the back of the said Petition vizt upon debate of this petition his Excellency doubting by what right his Lordship the Lord Baltimore Claimed Escheats in this Province & Answer being made by the Agent of the Lord Baltimore that his Lordship claimed the same by virtue of his Charter & his Excellency desiring that an Exemplifica tion of the Charter be produced & there being now none in the Province his Lordships Agent humbly craves time to send for one to give his Excy Satisfaction & in the meantime promises to forbear executing any thing further Relating to the point wherein his Excy wants Satisfaction Hen Darnal
p. 187 The Said Petitions & Answer thereon referred to his Majestys Council at Law vizt Mr Robt Gouldesborrough who reports that he is of Opinion his Lordships Agents Ought to have time allowed him to bring in the Exemplification of his Lordships Charter & in the mean time that if any wrong be done to the Petitioners they may be relieved by an Action brought according to the ordinary course of Proceedings at Law His Excellency being pleased to say that his Majesty the King of England will not take any Lands into his hands as escheated without a Jury of Inquest found according to Law & Collo Darnal Seeming to Laugh Contemptuously in his Excellencys face is told that without he forbears therefrom he will be Laid by the heels Collo Darnal says that the Lord Baltimore has always claimed escheat Lands in this Province his Excellency asks Collo Darnal how he acts upon the Sales of such Lands with out an Exemplification or Duplicate of his Lordships Charter • Collo Darnal says he has a Commission which he being re quired to produce says it is relating to my Lords Private Concerns & hath it not about him
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Volume 25, Page 28 View pdf image (33K) |
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