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