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Provincial Court Land Records, 1676-1700
Volume 717, Page 668   View pdf image
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                                                                                                                      668  (658

       Provided his Lo.p grant the same Conditions of Plantacons he did before the happy Revolutions or the
       same that their mats do to the Colony of Virginia to the Inhabitants of that Province But what
       these Condicons are it doth not appear to me otherwise then by lookeing into the said Act
       of Assembly in 1671 by which the said duty was granted to the Lord Baltemore upon
       Condicon that his Lo.p should accept a pound of Tobacco insteed and in lieu of every
       Two pence Rent at any time reserved upon any Grant of Land Made by his Lo.p
       Which Condicon his Lo.p affirms to me he always hath & still is ready to Comply with
       As to the Second demand of Fourteen pence p Tun for Tobacco exported out of
       that Province I find by an Act of Assembly of that Province in 1661 It was
       Enacted that all vessells whatsoever not properly belonging to that Province having a
       deck flinch fore aft runing in and trading within that Province should pay for port dutys
       and Anchorage a pound of powder and Three pounds of shot or so much in value for every
       Tun of Burthen to the said Proprietor and his heires

       Which Duty hath by usage been turned into Money (viz.t) Fourteen pence p Tun & so answeared
       to the Lord Baltemore and constantly applyed to his owne use and not to the suport of
       Government as the Lord Baltemore affirms to me And by Order of Councill of the 26.th of
       February 1690 this Duty of fourteen pence p Tun was directed to be answeared to the
       Lord Baltemore as Proprietor of the Province and Likewise Instructions given Cole Copley Governo.r
       of Maryland to permit the Lord Baltemo.r 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 Baltemo.r as Proprietor to be received by him to his owne use and it
       would be a thing of Dangarus Consequence to admitt of Paroll Proofe of an Intention in the
       Lawmakers different from the words of Law today that the Duty which the Act calls a Port duty
       was intended to be a Fort Duty And it seems to be admitted by the Assembly that this Duty of
       Fourteen pence p Tun doth by Law now belong to the lord Baltemore by desireing their Ma.ty
       Royall Assent to an to Act of invest it in their Ma.tys

       As the demands of Times and Amercements I conceive upon perusall of the Charter granted by King
       Charles the first to the Lord Baltemore and of their Ma.tys Comission granted to Col Copley
       to be governo.r in Cheif of that Province that the Lord Baltemore hath not a Right to the
       Fines and Amercements that have accrued since their Ma.ts said Comission to Col Copley
       Whereby their Ma.ts have taken the whole Governm.t of that Province into their owne hands
       except onely fines & amercem.ts in the Courts of Any Memory of which the Lord Baltemore
       is Lord Because I doe not find that fines and Amercem.ts are expresely granted to the
       Lord Baltemore by a Charter of King Charles the first so that I Conceive he never had any
       other Title to them but as Govern.r of the Province The Courts of Justice being held in
       his name which Title is now determined by their Maj.ties Assumption of the Governm.t into
       our owne hands and appointing a Governo.r there who by his Comission hath Expresse Power
       granted to him to Erect Courts of Judicature for the better admintracon of Justice as Occasion
       shall require which Courts & not the Lord Baltemores and the fines and Amercements there
       Set will belong to their Ma.tys And I Conceive Such a Right in the Lord Baltemo.r to at
       fines &c.a would be inconsistant with that part of their Maj.ties Commission to the Governo.r
       of that Province whereby he hath Powar granted him of remitting and Pardoning Fines
       set upon Offenders according as he shall Think them fit Objects of Marcy which hee
       Cannot doe if the Lord Baltemo.r be Entitled to Them

       As to the demand of Waifes strays wild Horses and Wild Hogs I Conceive that such Cattle
       as are Menconed in the Representacon to be Claimed as Strays are not in Law such because
       they are Markt with the Marke of the Owner w.ch Mark being on record every Parson is oblidged
       to take notice to whom they belong and I doe not find that wild Horses or Hogs are granted to
       the Lord Baltemo.r by the Charter of King Charles the first And therefore I Conceive the right to the
       in the Crowne as being Four Natura and the proparty thereof in no perticular Person and the
       here be an Act of the Assembly which gives Goods (to which noe parson hath a Right) to the
                                                                                                                               Lord


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Provincial Court Land Records, 1676-1700
Volume 717, Page 668   View pdf image
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