Provincial Court Proceedings, 1659. 309

hee was One that surprized this sayd ship or Vessell att the Barbados
uppon noe other Commission, then uppon the Act Touching Trade.
That comming from thence by Antegoe, they brought the s^d Vessell
directly to this Riuer. As concerning the master of the Vessell, hee
sayth That hee was treated Ciuilly by him, & the rest; But did not
proffer the s^d Master the Vessell soe surprized by him againe.
The Examⁿ of James Mountioy, taken &c:

Liber
P. C. R.

This Exam^d acknowledgeth in open Court what is sayd by him in
his Exaon taken by the Gouerno^r 31 May, & Reexamined sayth That
after hee w^th the rest of the Company had surprized this Vessell,
they brought her away from Barbados into this Riuer, intending here
to make their markett to their best aduantage.
The Reexaminaon of Mathew Benham &c :
This Exam^d Sayth That hee was one of the Company th^t surprized
this Vessell att the Barbados, & goeing in a Boate there, they layd
her on board. That for his owne part hee had noe Commisⁿ for
taking her; neyther knoweth hee whither any other of the Company,
who surprized her had, any Commisⁿ to Justify them therein or not.
It appearing by the Examinaons & confessions of all the fores^d
parties That they w^thout any Commis^r had seized the s^d Vessell,
uppon prentence th^t shee belonged to Amsterdam. And neyther
bringing the master, nor any One Dutchman of her Company, nor
the Cocquetts, whereby it could be made clearely appeare to what
place shee belonged; But only soe far forth as the Oath of Richard
Stockdale (who is an Englishman) is ualid, who protends hee was
one of the Company, shipped on board her att Amsterdam, & taken
in her att the Barbados.

Vppun Coiisideiaon whereof, & of the Order prescribed in the
seuerall Acts of Parl^t for the prouing of shipps to be lawfull prize.
w^ch by the s^d Prisoners hath not bene obserued, The Court doth Judge
That the ship called the S^t George of Amsterdam, & her freight,
brought into this prouince by the s^d Prisoners be seised into the hands

Vid. sup.
fol. 270

of the Lord Prop^r, And th^t if w^thin a yeare & a day noe lawfull right
bee made appeare, That then the s^d Vessell w^th all her freight, ap.
parell tackle & furniture bee adiudged lawfull prize, & th^t in the
interim the goods in her bee appraysed.
The Court adiorned by the Gouerno^r till to morrow morning att
ten of the Clock, att Cap^t Stones att S^(tMaries.
These are to Authorize & Requyre yo^u to empanell a Grand Jury
of 24 men to enquyre of Certaine fellonies Committed agst his L^ps
rule & Gouerm^t. And Returne this writt by to morrow Ten of the
Clock att the Court att Cap^t Stones howse. Gyuen under my hand
& Seale this 2^d day of June 1659.
To Cap^t Nicholas Gwyther Josias ffendall #
Sheriffe of S^t Maries County.

p. 274