162       Provincial Court Proceedings, 1666—67.

       Liber FF   con put into Court yesterday by the Attorney Generall agt the said
              Wm Gard Mastr of the Catch Hope the which hee doth and is as
              followeth (uizt)
                And the said William Gard by John Morecroft his Attorney doth
              come and defend the force & wrong when &c: and saith that hee is
              in noe wise Guilty of the prmisses aboue by him the said William
              Caluert imposed upon him and this hee is ready to auerr as &c:
                                                Jno Morecroft
                The Court denys it is on theire part to proue the breach of the
              said Act but that in such Case Onus Probandi shall lie upon the
              Owner or Claimer of such Goods &: as is exprest in the Act of
              Parliament Entituled an Act for Preuenting frauds and Regulating
              abuses in his Maties Custom
                The defendt then alleadgeth that hee did according to the said
              Act of Parliamt send an Inuentory of the said uessells loaden to
              the Gouernor inserted in a letter from John pltts, which said letter
              came onely from the said pltt and not undr the masters hand, in
              which was exprest some part of her loaden, but not the whole accord-
              ing to the bill of loaden some time after to the Gouernor deliuered,
              and that done some dayes after Bulke was broken and part of the
              Cargoe unloadened and upon this the defendt puts himselfe upon
         [p. 442] the Country Whereupon Ordred that this Cause be tryed by a Jury
              of twelue able men at the next Prouinciall Court to be held the 9th
              of Aprill next ensueing

                John Terris being Called made appearance by John Morecroft his
              Attorney who was desired to deliuer in his answere to the informa-
              con agt the said Treris put into Court yesterday by the Attorney
              Generall a Coppy of which informacon hee had then deliuered hime
                The which answere he now puts in as foll:
                And the said John Treris by John Morecroft his Attorney doth
              come and defend the force and wrong when &c: and saith that hee is
              noe wise Guilty of the premisses as is aboue by him the said William
              Caluert imposed upon him and of this hee is ready to auerr &c:
                                                John Morecroft
                The Court demands of the defendt wether hee will allsoe haue a
              Jury of twelue able men to goe upon the meritts of the whole Cause
              or that this Court shall proceed to the determinacon thereof
                The defendt humbly desires hee may haue a speedy tryall this
              Court that a period may be put thereto, whereupon the Cort proceed-
              eth And proueth that the said Jno Treris did Contrary to the said
              Act of Parliamt loade and take on board two hhds of tobacco of the
              growth and Comoditie of this Country before Bond giuen according
              to the said Act, which said tobaccoe did remaine on board the said
              Bark when first seized by the Gouernor