150 Proceedings of the Council of Maryland, 1681-85 /6.

Calvert
Papers.

but 24 howres by an Enemie, if retaken by the Crowne, they
are prize and this place was more than 24 yeares in the hands
of the Dutch, not demanded of them. This made his Royall
highnesse take out fresh Patients, vpon the opinion of Coun-
cill (since the late Conquest) for his Territories in America.
Nor is the L^d Baltemore in the Condicon of an ordinary Sub-
ject (in whose favor something might be alledged) for he hath
Regalia Principality, though Subordinate to the King as his
Stile shows, and I conceive he is bound to keepe his owne
Dominions or else loose them; and if lost to a forreigner, and
taken by the Soueraigne, the Soueraigne hath the Right an
other Conqueror Could plead. This is the present lus Gen-
tium, and Law of nations, which in forreigne Acquests preuail-
eth, and the King accordingly hath granted it under his great
Seale to his Royall highnesse. And if there were noe truth in
this, but the L^d Baltemores Pattent were Title good enough
for what was actually anothers before, and which he neuer
enjoy'd since Conneticott Collony might put in for New York,
as reasonably as the L^d Baltemore can for Delaware; theire
Pattent haueing that part of the Dutch Territory within its
bounds on the same mistake, which is yet out of dispute from
the L^d Baltemores owne Pattent, that saith, New England
begins where he leaueth which being at 40 North Lattitude, it
followes, that New York and part of East and West Jersey
and Pensiluania will fall to New England.
13. I shall Conclude with this, That the King by Articles
of peace betweene him and the States of holland, is the
allow'd Owner of all that Territory in America, once called
New Netherland, of which this is a part: He hath bin gra-
ciously pleased to grant it by two Patients, and this in Con-
troversy, by one vnder the great Seale of England to his
dearest Brother James Duke of York and Albany &^ca and his
Royall Highnesse out of his Princely goodnes and singular
Regard he was pleased to have to the services and Losses of
my deceased father hath interested me in part of the same
Soe that he is Lord (and I am tenant); of him I hold, and to
him I pay my Rent (which his Governor of New York hath
now sent for) and for him I improve, as well as my selfe; And
therefore I must take Leave to referr the L^d Baltemore to his
Royall Highnesse, who is a Prince doubtlesse of too much
honnor, to keepe any mans Right, & of too great Resolution to
deliver vp his owne whose Example I am resolved to follow
Philadelphia the 31^st W^m Penn
October 1683.
A true Coppy of the
Original examined
C: Baltemore