Whereas it appears to this Board by the Testimony of
several Witnesses, that Samuel Smith high Sheriff of Lancas-
ter County in Pensilvania, and Edward Smont a Justice of
Peace in the said County with a great Number of other Persons
armed with Guns and other Weapons assembled themselves
together in a Riotous and unlawful manner at the late Dwell-
ing house of Captain Thomas Cresap in Baltimore County
sometime in November last, and being there assembled felon-
iously killed and murdered One Michael Malone, and burnt
the Dwelling house of the said Cresap with all his Goods and
Chattels being in and about the said Dwelling house: The
Attorney General is hereby ordered to prosecute all the said
Offenders for the said Crimes according to the utmost Rigor
of Law, and It is likewise Ordered that the Sheriff of Balti-
more County summon all such Witnesses as he shall be
directed by the Attorney General to summon on that Occasion.

At a Council held in the Council Chamber on Thursday the
twenty Eighth Day of April in the twenty third year of His
Lordships Dominion Annoq Domini 1737

Present
His Excellency Samuel Ogle Esq^r Governor

The honourable

Col Richard Tilghman Benjamin Tasker Esqr Philip Lee Esqr

Edmund Jenings Esqr James Hollyday Esqr Col Charles Hammond

His Excellency having laid before this Board the following
Opinion of John Willes Esq^r His Majestys Attorney General,
It is ordered to be entered

2. I^st Whether by the Charter of Maryland the Lord Pro-
prietary has not a Right to the Nomination of all Officers in
General Civil as well as Military

I am of Opinion that by the Charter of Maryland the Lord
Proprietary hath a Right to nominate all Officers in General
as well Civil as Military