in the Years 1691-92. 257

gression Payne had no need to goe out of his district where
the other lived no manner of any transgression of the Acts of
trade and thus they continued to watch all opportunities to
effect theire designe which haveing now mett with the sonne
must be Couloured with the shew of Iustice as Collector to
make way for the letter Executing the other warrant which
was alltogether unanswerable from Convention or Cood that
as Collector he could not by Vertue of his Comm^on or Instruc-
tions presse an armed Power to assist him in seizing shipps or
Vessells noe he did it as Cap the men said when they came
ashoare wee have lost our Cap:) but he ought upon resistance
to apply himselfe to the Govern^r or sea Commander and they
by the Law are to Send them their assistance soe Iustices of
the peace shew Constables &^ca and without theire assistance
he could not use force violence and this must be after Resist-
ance presumed to be made and spetially declared in the Civil
Magistrates Warrant.
That Collectors are Civil Officers and have to doe in civil
Marine affaires with Merchants masters and who by Law are to
be civilly treated and Collectors ought nott att the first outset
of their owne heads and by the onely vertue of their Comm^on
without the assistance of some higher authoritye to come on
board merchant shipps w^th armed force Espetially in the dead
time of the night in Terrorem populi That such proceedings
were never intended them being destructive to Trade That
the manner of proceeding the Time and seizing the Boate
Considering the Com^nd from Coode that Payne had w^ch was
nott Legall lookt like Pirascy and as such was by them
resistable Cook 3. Inst 63. si noctu furtim factum sit jure
caesus est—.
That the Pretending he came as Collector was butt a Collor
in Fraudem Legis and wrongs done under the Collor of
Iustice are the worst of wrongs.—That if he were not in due
Execution of his office & com^d as Collector (as without doubt
he was not) he come at his perill and if thence it can in the
Eye of Lawe be adjudged murther at the worst but man-
slaughter Cookes case in Crookes reports and perhapps but se
Defendendo—
That Sherriffes in the Execution of the kings process or
doeing any other ministeriell Act must not use any Craft or
violence he cannot break open Door or gate to destrayne
for the K: rent Leavy fine amerciam issue debts of such other
like Duties due to the King Dolton sher. 523. 353. and if this
great officer much less a Collector That M^r Payne tis true was
Collector to K. I. 2^d by Com^d and sworne but never had
Comm^on or sworne that was knowne for K. W. & M. and the
proclamation that continued his Maj^ties officers in America is

P. R. O.

Maryland
B. I. Vol. 2,
B. F.