580 Proceedings of the Council of Maryland, 1753.

Lib. C. B.

others concerned might lay before the Grand and Petit Juries
qualified to try him all legal proofs to Shew the Jurisdiction
in this Case belongs to the Lord Proprietor of Maryland
Wherefore the President of Maryland willing to do every-
thing on his Part which might manifest an unfeigned and most
perfect Obedience to his Majestys most gracious Order, Has
in Council thought fit to direct the under written Attorney
General to Attend this honourable Court, and has Expressly
Charged him to insist that the Trial of the said Jacob Kitz-
miller be had in Maryland where the fact was committed &
not in Pensilvania of which order he acquitts himself with the
Greatest confidence as he conceives that his honour the Presi-
dent demands no more than what the Orders of his Royal
Master exact, and hopes that this Honourable Court will the

p. 521

more readily acquiesce in so reasonable and just a Requisition
as it is of Publick Notoriety that the said Dudley Digges was
Killed at a Place Surveyed under a Maryland Warrant before
the date of the said Royal Order of 1738 Possessed under a
Maryland Right and that no Attornment or other pretext of
Martin Kitzmiller or of any other Person or Persons after the
date of the said Order can take away the Right of Jurisdiction
from the Proprietor of Maryland, or can in the least prevent
the force effect & operation of his Majestys most gracious
intentions. Given at York Town in York County on the 3O^th
day of October Anno Dom. 1752
H Darnall Attorney General of Maryland.