Proceedings of the Council of Maryland, 1692-1694. 423

ing fines sett upon Offenders according as he shall think them
fit objects of mercy: which he cannot doe. if the Lord Balte-
more be intituled to them.
As to the demand of waiftes strayes, wilde horses and wilde
hoggs; I conceive that such cattle as are mentioned in the
representation to be claimed as strayes are not in Law such,
because they are marked with the marke of the owner, which
marke being on record every person is obliged to take notice
to whom they belong, and I doe not find that wild horses or
hoggs are granted to the Lord Baltemore by the Charter of
King Charles 1^st and therefore I conceive the right to them is
in the Crown as being ferae natura and the property thereof
in no particular person. And though there be an Act of the
Assembly which gives such goods (to which no person hath
the right) to the Lord Proprietor, yet I conceive that Act
cannot take away their Maj^ties right thereto, unless the royall
assent had been given to such Act, which it doth not appear
to me was ever obtained.
As to the last demand in relation to Bills Bonds and Records
and other writeings belonging to his Lordships lands, I con-
ceive that the Bills and Bonds, if the fact be as tis affirmed to
mee by the Lord Baltemore that they are his security for the
severall sums of money agreed to be paid his Lordship by the
Planters upon his granting Land to them and that they were
in his custody and seized and taken from his servant there,
upon his Lordship being discharged of the Government, the
case being so, I think it may be just and reasonable that they
should be restored to his Lordship againe, and I doe not see
any prejudice can thereby happen to the parties by whom such
Bills and Bonds were given, though they have not executed
their warrants nor had certificates returned, for the Bonds
cannot be put in suit till the Lord Baltemore hath performed
the conditions on his part.
But I conceive it proper that the Records which are of
publick use to preserve the Inhabitants title to their lands
should be kept under the Custody of the Governor.
All which is humbly submitted to your Lordships great
wisdom.
Tho: Trevor
Nov^r 2^d 1692.

P. R. O.

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

Memorandum.
My Lord President is desired by the Lords of the Com-
mittee of Trade and Plantations humbly to lay before his
Majesty the Report of M^r Solicitor General upon the Petition
of the Lord Baltemore and the Representation of the As-
sembly of Maryland touching his Lordships demands in that
Province.

B. I. Vol. 8,
p. 62