Proceedings of the Council of Maryland, 1696/7-98. 353

    any of the growth of that Province without payment of what Lib. H. D.

    the laws of tht Province require, it is the duty of the Officers

    of tht Government to prevent it, which may be done without

    involving & bringing the growth of England under the same

    Custome with the growth of the Province.

     To the fourth branch we cannot understand how we pre- p. 183

    judice the Trade of Maryland by bringing English Goods to

    Pensilvania, in Shipps bound to Maryland, for Tobaccoes; if

    they are aggrieved by our importing our own growth amongst

    them, they may forbid it as they have done our Beer, tho they

    often want it to furnish the home bound ffieets, having litle or

    none of their own make; but that can be no argument why we

    must not bring English goods through Maryland to another of

    the Kings Provinces; Nor does Governr Nicholson treat New

    Yorke at the same rate, tho as much under the lash of that

    Law as we are; which is a partiality added to illegality. To

    the 5th branch of the answer we reply, that Lord Baltimores

    Pattent gives no power to lay impositions upon English goods

    not bound for that Province, but through it to another Province

    under the Crowne of England.

     To the last Branch we need only say, that Governr Nich

    olsons Commission cannot invalidate prior Grants, as is

    observed by Collonl Nicholson in his 5th Branch, nor authorize

    him to make Laws agt the Trade & good of England, nor the

    common Priviledges of another Province; So that the power

    of Law making urged by that Paragraph, in excuse of this Law,

    cannot excuse an abuse of such a Commission and Authority;

    for which reason we pray we may be releived as from an intol

    erable Grievance

    Esqr Layfields By this Publick Instrument of protest be it

    insensible pro

    test, & Depo- known & manifest unto all those who shall see

     sition of Ino these presents or hear the same read that on the

    Roach Carpenter about the 26th day of August 1697. In th ninth year of

    Sloop Marg- our Sovereign Lord King Willm the 3d By the

    arett.

            Grace of God King of England &ca Defender of

            the ffaith &ca At the instance and request of John

            Henry Merchant of Snow hill in Somersett County

            in the Province of Maryland. I George Layfield

            Notary & Tabellion publick dwelling in Pocomoke

            in Somersett County in his Majestys Province of

            Maryland admitted & Sworne thereto have pro

    Jurat Ino tested and by these presents do Solemnly protest

    Roach Carpeor against Ioseph Lax Comandr of the Sloop Marg

    tht on request of Mr John arett and Sarah of Potomock in Virginia English

    Henry Mrcht built Sloop about twenty Tunns no Gunns Riding

    & others wth .

    one Chp Iones in Annamessex in the County above did clear for

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