574 Proceedings of the Council of Maryland, 1752,

Lib. C. B

Whereupon the Council having heard debated and Maturely
Considered the Premises, Are, from the Express Words of the
Proprietaries Ageement Confirmed by the Royal Order, and
their Manifest reasonable intention unanimously of opinion

p. 514

That, no Possession at the time of making the Order, of
Lands to the Northward of the Temporary Line, can give Jur-
isdiction to the Proprietor of Maryland over those Lands,
unless such Possession was held, by the Proprietor of Mary-
land, or immediately or mediately under him
That, no right, at the time of the Royal Order, to Lands
Northward of the Temporary Line, by or under the Proprietor
of Maryland can give a Jurisdiction to that Proprietor over
such Lands, unless they were at the time of the Order Pos-
sessed by him, or mediately or immediately by others under
that Right
And they are further of Opinion
That Supposing M^r John Digges or his Tenant had Posses-
sion of the Land where the Crime was Committed, at the time
of the Royal Order, Yet it does not appear, from any part of
the Depositions that such Possession was taken or held, by
any Warrant or Patent, Power or Authority of any kind what-
soever from or under the late Proprietor of Maryland his
Agents or Attorneys ;
That such Power or Authority to take or hold Possession of
Lands as aforesaid ought Properly to be in writing, and not
by words alone
That Seeing the President, in his Letter of the fifth of May
last did rely upon it that the Spot where the deceased was
killed had been Surveyed (and indeed Patented) to M^r John
Digges under the Authority of the Government of Maryland,
some Considerable Time before his Majestys Order in Coun-
cil, and the Governor by his Answer of the Twenty Second of
that Month Requested the President to furnish him with
Copys of the Survey and Patent to enable him to Satisfie
himself of the Truth of those facts which the President has
declined doing and therefore has in effect denied it is reason-
able to Conclude the President was misinformed concerning
those Facts when he wrote that Letter;
That as it appears by the Depositions, Martin Kitzmiller at
the time of the Royal Order, was in Possession of the Close
or Tract of Land where the Crime was Committed, claiming
in his own Right and disowning the Right of M^r John Digges
and the Proprietor of Maryland, that Possession however
obtained, according to the words and Spirit of the Agreement
excluded the Proprietor of Maryland from Jurisdiction over
the Land;
That supposing Martin Kitzmiller, by his Purchase from,