Provincial Court Proceedings, 1664-65.   393

     Majesties Dominions in America And there to Trafficque in any Liber B B
     Merchandize not prohibited and to returne wthout any manner of
     lett hinderance or Molestacon whatsoeuer Giuen undr my hand and
     scale at ffort James in New Yorke on the Isle of Manhatans this
     day of Septembr 1664—           Richard Nicolls
     To all Officers both Military
       and Ciuill and whom else
       this may Concerne


       After the foregoeing papers was read, and all Acts of Parliamt
     tending thereto produc'd and per-us'd the Board thought it most Con
     uenient to haue a Jury of 12 able prsons to go upon the meritts of
     the whole Bussiness, and Not that it should be wholy throwne upon
     the Gouernor and Councell, whereupon
       Warrt to sherriffe to impanell 12 able prsons to serue uppon a
     Jury—Ret forthwith—
     In the Interim Jacob Backer desires the informacon may be read,
     which was, as in folio 397, and deliuered hime in writeing, being
     desired from the Board to put in his answere in writing to deliuer
     the Jury, being but yet Verbally giuen Which is as followeth, at the
     bottom of the informacon (uizt) Jacob Baker in Defence of the
     aforesaid sloope pleads           Not Guilty

       Sherriffe returnes his warrt and warnes—
     fforeman Capt Thomas Mannyng Thomas Sprigg
            Capt Willm Burges John Gittings
            Thomas Paine    George Yates
            John Bayley     Walter Hall
            John Abington   Geo: Thompson
            Willm Hollingworth     Gasper Guerin

       The Jury hauing theire Charge deliuered them Whither Jacob [p. 480]
       Backer in defence of the said sloope be Guilty or not, both Acts of
       Parliamt wth Generall Nicolls letter and the Certificates wth all papers
       bciiig also deliuered into the Jury—
       Who returnes into Court and deliuers in theire Virdict endorsed
     on the back side of the informacon thus (Not Guilty) whereupon the
     said Backer & Derrick Janson Smyth are dismist, and the sloope wth
     her Goods againe deliuered into theire possession


       Thomas Whyniard and Edward Ladd being Called to the Barre,
     but noe wittnesses coming in agst them, Proclamacon is made, that
     the prisoners stands uppon theire deliuery, after 3 times pro
     claim'd and noe prson appearing, it is Ordered they be Clear'd by
     Proclamacon