Provincial Court Proceedings, 1664-65. 391






     Goods &c, for if yow seeke to ensnare Jacob Backer and the Mastr Liber B B
     the same Act will be in force for suffering him to make his Entry,
     to unload & load but I presse this as the weakest of all Arguments
     supposing I haue explained his Maties Instruccons and theire Agreemt
     wth Acts of Parliament. I had allmost forgott to answere the Ob
     jeccons which may arise from the Act for Encouragemt of Trade,
     partly because I suppose enough is said to Argue that this place hath
     been allwayes Concluded in his Maties Dominions, and now in his
     Majesties subjeccons and undr Oath to his Matie and partly because
     I onely finde in the thirde Paragraue of that Act, one seeming doubt
     or Objeccon where t'is said noe Comodity of the growth produccon
     or manifacture of Europe, shall be imported into any land, Island
     Plantacon & but shall be bona fide and wthout fraud, Laden and
     shipped in England Wales or the towne of Berwick upon Tweed, and
     in English built shipping, all which Parragraue onely relates to shipes
     from Europe and cannot be applyed to interdicting shipes of this
     place without denying liberty of trade in Maryland equally to the
     English of Boston or the Barbadoes in the Close of which Para-
     graue where the Confiscacon is diuided by thirds saying, the other
     thirde part to him or them who shall seize informe or sue for the
     same in any of his Maties Courts, in such of the said lands Plantacons
     &c. Giue me leaue to make an Objection not onely out of the Order
     of yor Court, but out of the whole Body of yor lawes, wherein his
     Matie is not soe much as named, and truelyy herein I finde uariety of
     scruples, whereof I shall at prsent say noe more.
       In the fourth Parragraue of the said Act for the better pruencon
     of fraud &c, euery pson or psons Importing &c into any &c Planta
     eons, shall deliuer to the Gouernor &c or to such prson or Officer &c [p. 477]
     his or theire Names and Surnames &c and no ship or Vessell coming
     to any such &c shall lade or unlade any &c untill the Mastr &c shall first
     haue made knowne to &c the arriuall &c and haue shewne &c or made
     good by producing a Certificate &c and nauigated and haue deliuered
     to such &c together wth the place &c undr the Paine of &c all which
     relates still to shipes from Europe trading to any of his Maties Plan
     tacons, And yet Jacob Backer hath (as appeares by his Certificate
     Vndr yor Officers hand) made the Entry of his Vessell and Goods,
     unloaded and loaded them, hath shewen his Certificate, that he is a
     subject of the King, in this his Maties Plantacon, and that all his
     Marriners are Inhabitants of this place, and are to enjoy the benifitt
     of the Articles, I doe uerily perswade my selfe, that after this full
     informacon, yow will finde Cause to release the said Vessell & Goods
     and that yow will excuse my plainness and unskilfullnes in these
     matters hauing no other designe but of a right understanding be
     tween Vs, and to make manifest my first posicon, That his Matie
     by receiuing the dutch (as his unquestionable Territorys) into his
     Protection as his subjects, and auncient Dominion, hath had a ten-