Proceedings of the Council of Maryland, 1696/7-98. 497

      “are likewise to restrain the unlimited Practice of taking up P. R. O.

      “more land, than can reasonably be cultivated; and to regulate

      “all abuses therein.”

        And this Instruction I had published in the Provincial Court,

      and recorded there (for whoever peticons for land, must doe it

      there) and refused granting of patents to them who I found

      were not qualifyed to take up land according to it. And if

      any have taken up land contrary to the Tenour of this Instruc

      tion, (which no doubt, most of the great tracts in Virginy have

      been) quaere whether or no his Matys Attorney gentl there

      may not prosecute them. But with submission to yor Lordps I

      think that his Matys Atturney, and Solicitor genrl in Engtd

      should give their opinion thereupon: for alass, few or none

      that practice as Lawyers in these parts, know much, if any

      thing of the matter. When I was in Virginy, I have heard

      that it had been a common practice for persons who would

      take up land, according to the Condicons of Plantacons, vizt.

      50 acres for every person imported; that they could buy Rights

      (as they call'd them) from the clark of the Secretarys Office.

      Sometimes he purchaced them of those who were really im

      ported; and other times would set down persons Names of his

      own inventing: and sometimes those who brought names to

      register on the Account of the 50 acres p head, would doe so

      too. I think a person was once detected for pretending to

      register the Names of the chief Gentlemen in Kent: by doing

      which he was found out: the clark either being of that country,

      or remembring their Names. And no doubt several such

      Cheats have gon undescover'd; as allso that those persons who

      have been really imported, their Names have been made use

      of several times. An other way, I humbly conceive, to make

      those who hold great tracts of land, quit some of them, will be

      by obliging the Auditr either by himself, or some other person

      or persons, to find out the exact Number of Acres that every

      person holds: & make those who have pd. for less than they

      have, to pay their arrears: which, I think, by Law, they ought

      to doe: and then no doubt some of them will be forced to quit

      some of their Land: and so that Branch of his Majestys Reve

      new about the Quit-rents will be augmented. For the auditor

      hath seven and an half p cent. for taking an account from

      each respective Sherriff (who hath ten p cent for receiving the

      Quit-rents in Tobacco, which is taken at 1d p pound; and every

      50 acres is to pay 1s yearly) and selling the Tobaccos after

      wards for ready money, or good bills of Exchange. When I

      was in Virginy, I found that the Quit-rents were sold privately,

      and the major part of them bought by the Counsellors: But

      the last year I had notice given in in the Provincial Court, that

      any person who would give most for them, might have them.

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