26 Proceedings of the Council of Maryland, 1693 94.

      Lib. C. B. whereby he hath Power Granted him of Remitting & pardon

             ing ffines set vpon Offenders, according as he shall thinke

             them fit Objects of Mercy, which he cannot doe if the Lord

             Baltimore be Entitled to them.

              As to the Demand of Waifes, Strays, Wilde horses & Wilde

             Hogs, I conceive that such Cattle as are mentioned in the

             Representation to be claimed as strays, are not in Law such,

             because they are Markt with the Marke of the Owner, which

             Marke being on Record, every person is obliedged to take

             Notice to whome they belong. And I doe not finde that wilde.

             horses or Hogs are Granted to the Lord Baltemore by the

             Charter of King Charles the ffirst; And therefore I conceive

             the Right to them is in the Crowne as being fferae Naturâ,

             and the Property thereof in noe particular person, And tho

             there be an Act of the Assembly, which gives such Goods (to

             which noe Person hath a Right) to the Lord Proprietor, yet I

             conceive that Act cannot take away their Majties Right thereto

             Unless the Royall Assent had been given to such Act, which

             doth not appeare to me was ever obtained.

              As to the last Demand, in Relation to Bills, Bonds, Records

             & other Writeings belonging to his Lop Lands: I conceive

             that the Bills & Bonds, if the ffact be, as ‘tis affirmed to me by

             the Lord Baltemore, that they are his Securities for the severall

             Sumes of Money agreed to be paid his Lop by the Planters,

             vpon his Granting Land to them, and that they were in his

           P.    25 custody, and Seized and taken from his Servant there, Upon

             his Lops being discharged of the Governmt. The Case being

             soe, I think it may be just & reasonable, that they should be

             Restored to his Lop again, and I cannot see any prejudice can

             thereby happen to the parties by whome such Bonds or Bills

             were Given, thô they have not Executed their Warrants nor

             had Certificates Returned; ffor the Bonds cannot be put in

             Suite till the Lord Baltemore hath performed the Conditions

             on his part.

              But I conceive it proper, that the Records which are of pub-

             lick Use to preserve the Inhabitants Title to their Lands

             should be kept Under the custody of the Governor.

              All which is humbly submitted to yor Lops great Wisedome

                                             Tho:   Trevor

                                             Novr 2d 1692.

              His Maty was pleased to approve of the said Report, and

             did Order, as it is hereby Ordered, That the Act lately passed

             in Maryland for the ffourteen pence Tonnage Be, and it is

             hereby set aside & disallowed And that the Lord Baltemore