Proceedings of the Council of Maryland, 1693 94. 25

   much in Value for every Tun of Burthen, to the sd Proprietor Lib. C. B.

   and his heires.

     Which Duty hath by Usage been turned into Money, Vizt

   ifourteen pence p Ton, and soe answered to the Lord Balte

   more, and constantly applyed to his owne Use, and not to the

   Support of the Governmt as the Lord Baltemore affirms to

   me, and by Ordr of Councill of the 26th of ffebry 1690, this

   Duty of ifourteen pence p Ton was directed to be answered

   to the Lord Baltemore as Proprietor of the Province, And like- p. 23

   wise Instructions Given Coll Copley Govern' of Maryland to

   permitt 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

   owne Use; And it would be a thing of dangerous consequence

   to admitt of Paroll proof of an intention in the Law makers

   different from the Words of Law, to say, that the Duty which

   the Act calls a Port Duty, was intended to be a ffort Duty;

   And it seems to be admitted by the Assembly, that this Duty

   of ifourteen pence p Ton doth by Law now belong to the

   Lord Baltemore by desireing their Majties Royall Assent to an

   Act to invest it in their Majesties.

     As to the Demands of ffines & Amerciamts I conceive vpon

   pervseall of the Charter Granted by King Charles the ffirst to

   the Lord Baltemore, and of their Mats Comission Granted to

   Coll Copley to be Governor in Cheife of that Province, that

   the Lord Baitemore hath not a right to the ffines & Amerciamts

   that have accrued since their Majties said Comission to Coll

   Copley, whereby their Majties have taken the whole Governmt

   of that Province into their owne hands, Except onely ffines &

   Amerciamts in the Courts of any Mannor, of which the Lord

   Baltemore is Lord. Because I doe not finde, that ffines &

   Amerciamts are expresssiy Granted to the Lord Baltemore by

   the Charter of King Charles the ffirst, soe that I conceive he

   never had any other Title to them, but as Governor of the

   Province, the Courts of Justice being held in his Name; which

   Title is now determined by their Majties Assumption of the

   Governmt into their owne hands, and appointing a Governr

   there, whoe by his Comission hath Expresse Power Granted p. 24

   to him to Erect Courts of Judicature for the better Adminis

   tration of Justice, as occasion shall require, which Courts I

   conceive being Erected by their Majties Comission, must be

   held in their Names, and are their Courts and not the Lord

   Baltemores, and the ffines & Amerciamts there set will belong

   to their Majties And I conceive such a Right in the Lord Bal

   temore to all ffines &ca would be inconsistent with that part of

   their Majties Comission to the Governor of that Province,