390      Provincial Court Proceedings, 1664-65.

               Liber B B  them in the most pertinent Clauses, wth the Instruccons, and yow will
                      finde noe Contradiccon, though in all Nacons the Condicons of Sur
                      render haue been of an inuiolable nature & Creditt In the Act for
                      Encourageing and encrease of shipinge and nauigacon, it is said, or
                      wth may hereafter belong unto, or be in the possession of his Majes
                 [p. 475] tie his &c in Asia Africa or America in any other ships &c but in such
                      ships &c or are of the built of and belonging &c whereof the Mastr
                        are English undr the penalty &c. In another Clause of the same
                      Act it is said that from &c whereof any stranger or strangers borne
                      (unles such as be dennizens or naturalized) in which whole Act, there
                      is still a regard had to America, and all the Territoryes to his Matie
                      belonging or in his possession or which may hereafter belong unto,
                      or be in the possession of his Matie &c, and I suppose from thence
                      it may easily be deduc't that his Matie at the passing of that Act in
                      tended what he hath now brought to pass here, to reduce the dutch
                      to his Obedience and wthout intention (as is exprest in the Instruc
                      eons) to depriue them of trade other his Maties good subjects
                      here, but on the Contrary his Maty hath Authorized mee by treaty
                      &c and to receiue them as his subjects in America and by Conse
                      quence theire Vessells (also) are to be esteemed, That his Matie doth
                      Claime theise partes as his Auncient and unquestionable Territory
                      & Dominion as appeares in his Maties Instruccons (though lately
                      reduct to his Obedience) which point cannot be deny'd without af
                      firming that his Matye hath inuaded the Dutch in theire proper Ter
                      ritory, and if granted, yow will read in the Act for pruencon of
                      fraud &c That a shipe or Vessell built here is an English Vessell,
                      where t'is said that noe forraigne built ship (that is to say) not
                      built in any of his Maties Dominions of Asia Africa, or America,
                      referrs still by way of Connexcon and Common Sence not Onely to
                      former explanacons of Territoryes, which may hereafter belong, or
                      be in the possession of his Matte in Asia &c. but is further pursued in
                      the same Chapter, saying it is to be understood that his Maties sub
                      jects of England Ireland and his plantacons are to be accompted
                      English and no others, And I hope the Dutch here hauing Surren
                      dred upon those termes and taken the Oath to his Matte will beare
                      that Character in any of his Maties Dominions, for it is plaine that
                      his Matle resum'd this place as belonging to hime though not in his
                      possion, which words are frequent in all the Acts it does in the next
                      place appeare that a lawfull Entry was made and admitted in the
                      Office, which ought not to haue been to Ensnare One of his Maties
                 [p. 476] subjects into an ensueing Arrest when his shipe was loaden, for in
                      the aforesaid Act for Encouragemt of shiping, it is enacted That if
                      any Officer of the Customes shall &c or if any person who is or shall
                      be made Gouernor of any lands Island Plantacon or Territoryes in
                      Africa Asia or America by his Matie his heires or successors shall
                      Suffer any Forraigne built shipe or Vessell, to load or unload any