Provincial Court Proceedings, 1664.  323






     transferred to be fully tryed in this Court before the Honble Gou- Liber B B
     ernor and Councell Wherefore it is the humble desire of yor petr that
     if the said Caruer doe not make appeare his lawfull purchase of the
     said ffrygott, that yor Honnors will be pleased to Order that the said
     Caruers Attorney that hath bayled the aforesaid ffrygott which was
     att my suite arrested here doe deliuer unto yor petr his said if rygott
     wth such Costs and dathages as yor Honnors shall thinke ffitt And yor
     petr shall as in Duty bound euer pray

      The defendt by his Attorneys Craues a Jury The plt by his Attor
      ney denys a Jury cann bee allowed this being now a Court of Ad
      miralty the defte deny that, it being att Comon Law and matter of
      fact withall producing that Act of Assembly that in any Case a Jury
      cannot be denyed therefore still urgeth thereon—
      The plt then desires a respite till next Prouinall Court pretending
     hee wanted some of his wittnesses—The defts desires that as he is plt:
    he may not nor ought not to haue respite it being the plts part allwayes
      to Come prouided—
      Put to the uote whither they should immediately proceed to tryall [p. 397]
    and grant the defts a Jury, or the plt: a respite wanting his wittnesses
      Mr Baker Brooke that Henry Hudson being as plt ought to come
      prouided, wth his wittnesses therefore to proceed to tryall
      Mr Jerome White a Respite—
      The Chancellor the same Mr White—
      Wherefore Ordered that this Cause be tryed by a Jury and that
    Henry Hudson haue time till the next Prouinall Court and further to

      the end of the Six months (within which time Isaack Bedloe is bound

      to produce the said ffrygott) to bring his testimony now wanting for

      proofe in his Cause and that in the Interim (that is to the end of the

      aforesaid six months) the said Bedloe haue liberty to employ the said

      uessell, And further that uppon receipt of his Testimony from New

      England or other parts, he the said Henry Hudson shall demand and

      procure timely summons to be sent to the said Bedloe or his Attor

      neys to appeare at this Court then next to be held that all partyes and

      ailso a Jury may be prouided—

      The Honble Leiutennt Generall acquaints the rest of the Councell
     that he was informed of a Certaine Sloope Called the red sterne One
     Jacob Backer Merchant and Came into this Prouince to trade Con
     trary to an Act of Parliament Entituled an Act for the encouraging
     and encrease of shipping as allsoe to that Act Entituled an Act for
     the encouragemt of trade, upon which informacon hee had Caused
     the said sloope to be seized and kept in Custody, desireing now they
     may proceed to tryall whether forfeited or not according to the aboue
     named Acts—