Proceedings of the Council of Maryland, 1696/7-98. 477

      Information shall be Exhibited or Comenced against any per- Lib. X.

      son in any Court to be held within that Province or Territory

      for or upon Breach or non performance of any of the Acts of

      Trade and navigation in any case whatsoever the mean or

      manner of tryal shall be according to the course of Common

      Law & known Practice of the Courts of Records within that

      Govt by twelve Lawful men of the Neighbourhood to be Sum

      moned and returned by the Sheriff of the County where the

      Offence is committed

        The aforesaid Clause being referred to Geo Plater Esqr his

      Majestys Attorney Genl & Majr William Dent his Majestys

      Sollicitor General they make Report that they take that clause

      to be too general illegal & Contrary to the Laws of England

      for that there were some breaches & offences in Trade that

      are Cognizable in the Court of Admiralty as all things done on

      the Sea are regularly & properly Cognizable there, but that

      that clause by them General terms seems to restrain that Juris

      diction and settle all those matters Tryable in the Courts of

      Common Law by 12 Men of a Jury

        Therefore they conceive that Clause totally unecessary &

      illegal & that the several Offences against Trade should be

      tryed according to the Statute Laws & Customs of Engld &

      the Directions of them Laws either by the common Law or p. xo6

      Court of Admiralty according to the nature of the offence &

      so they take the clause to be that says when any one Juror or

      Judge in the Tryal scruples to take an oath their declaration

      or attestation shall be Sufficient it is contrary to the common

      & Statute Laws of England & therefore illegal & void

        His Excellency likewise is pleased to ask the opinion of the

      Board & the Gentlemen here present who do severally say

      that they do approve of & concur with the opinion of his

      Majestys Lawyers.

        And that if that practice should be continued & allowed of

      there, it will much prejudice his Majesty Service in giving so

      much liberty there, & will be the occasion to have all false &

      illegal Traders resort thither & if that Law should stand in

      force the Traders in that Province will have that Liberty which

      we here & other his Majestys Plantations &Ca are precluded

      of & occasion Decay in Trade here

                    August the 7th 1698

                        Council Sate

                          Present

                  His Excellency the Govr

                Collo Henry Jowles Chancellor

        the honble Major John Hammond

                    Captain Richard Hill