422 Proceedings of the Council of Maryland, 1692-1694.

P. R. O.

Maryland
B. I. Vol. 2,
B. F.

in value for every Ton of burden to the said Proprietor and
his heires.
Which duty hath by useage been turned into money viz:
14^d p Tunn, and soe answered to the Lord Baltemore, and
constantly applyed to his own use and not to the support of
the Government as the Lord Baltemore affirms to mee, and
by Order of Councill the 26^th Feb: 90. this duty of I4^d p Tunn
was directed to be answered to the Lord Baltemore as Pro-
prietor of the Province and likewise instructions upon Collonel
Copley Governor of Maryland to permit the Lord Baltemore
or his Agents to receive the same without any disturbance or
interruption and I conceive that upon the words of the Act
this duty doth belong to my Lord Baltemore as Proprietor to
be received by him to his own use, and it would be a thing of
dangerous consequence to admitt of parol proofe of an inten-
tion in the Law makers different from the words of the Law
to say that the duty which the Act calls Port duty was intended
to be a Fort duty and it seems to be admitted by the Assembly
that this duty of 14^d p Tunn doth by Law now belong to my
Lord Baltemore by desiring their Maj^ties Royal assent to an Act
to invest it in their Majesties.
As to the demand of Fines and Amerciaments I conceive
upon perusal of the Charter granted by Charles I^st to the
Lord Baltemore and of their Majesties Commission granted to
Collonel Copley to be Governor in Chief of that Province, that
the Lord Baltemore hath not a right to the fines and amercia-
ments that have accrewed since their Maj'^ies said Comission to
Col: Copley whereby their Maj^tieshave taken the whole Gov-
ernment of that Province into their own hands, except only
fines and amerciaments in the Courts of any Mannor in which
the Lord Baltemore is Lord: because I doe not find that Fines
and Amerciaments are expressly granted to the Lord Balte-
more by the Charter of King Charles I^st soe that I conceive
he never had any other title to them but as Governor to the
Province the Courts of Justice being held in his name; which
title is now determined by their Maj^ties assumption of the Gov-
ernment into their own hands and appointing a Governor
there who by his Commission hath express power granted to
him to erect Courts of Judicature for the better administration
of Justice as occasion shall require, which Courts I conceive
being erected by their Maj^ties Commission must be held in their
names and are their Courts and not the Lord Baltemores, and
the fines and amerciaments there sett will belong to their Maj-
esties: and I conceive such a right in the Lord Baltemore to
all fines &c. would be inconsistent with that part of their
Majesties Commission to the Governor of that Province
whereby he hath power granted him of remitting and pardon-