Proceedings of the Council of Maryland, 1752. 579

on the Twenty fifth day of May Seventeen hundred thirty &
eight
But that it is with Great concern they have received the News
of the disorders which have lately broke out upon the Borders
of their Province and this of Pensilvania.
Upon the first Notice of the death of the late M^r Dudley
Digges who was an Inhabitant of the Province of Maryland
and a Gentleman of a good Family, and being Informed that
he was killed at a Place in the Possession of a Person or
Persons who held it under a Right from the Proprietor of that
Province, a very careful enquiry into the Nature of Fact of the
Person or Persons who killed him and of all those who were
Accessories to the Murder, and of the Place where it was done
was immediately made by the Officers of that Government;
and upon this enquiry they found that the Place where this
cruel Murder was Perpetrated was in Possession under the
Right Honourable the Lord Baltimore Lord Proprietor of
Maryland, They therefore conceived that it expressly fell within

Lib. C. B.

the third Proposition confirmed by the Royal Order af^d which
provides in the words following Viz. " That all other Lands
" in Contest between the said Proprietarys now Possessed by
"or under either of them shall Remain in the Possession as
"they now are altho beyond the Temporary Limits hereafter
"mentioned and also the Jurisdiction of the Respective Pro-
prietors shall continue over such Lands untill the boundaries
Shall be finally Settled and that the Tenants of either Side
shall not Attorn to the other nor shall either of the Proprietors
or their Officers receive or accept of Attornments from the
Tenants of the other Proprietor
From this enquiry into the Facts and from the just Sense
and Obedience the President of Maryland would upon all
Occasions Shew to the Orders of his Sovereign, He conceived
it became his indispensable duty to inform the Government of
Pensilvania that the Murder of the said M^r Dudley Digges
was Committed within the Jurisdiction of the Lord Proprietor
of Maryland and to offer Proofs that the Place where the Fact
was done had been included in a Survey made by a Maryland
Surveyor before the Date of the said Recited Royal Order in
favour of M^r John Digges the Father of the deceased in Vir-
tue of a Land Warrant before obtained in the usual & accus-
tomed form by the said John Digges out of the Land Office
of the Lord Proprietor of Maryland
Whereupon his honour the Governor of Pensilvania thought
Proper to give Notice that the Trial of Jacob Kitzmiller for
killing the late M^r Dudley Digges was to be had at this Place
and on this day and was further Pleased to Signifie that any
Persons Authorized by the Government of Maryland, or any

p. 520