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849) 875 May it please Y.r Ex.cy July 3.d 1698 Wee haveing this Act Laid before us w.th Y.r Ex.cys Comands to Us Carefully to Inspect y.e same and make Report Whether some Clauses therein were not likly to be p.rjudiciall to his Maj.ties Intrest in his Revenue Wee humbly say and Report therein that in our Judgments one Claus that enacts that upon any Informacon or plaint whatsoever for y.e breach of aney Act of Trade or Cause whatsoever y.e Tryall shall be by Twelve men of a jury Wee Take that Claus to be to Gen.rll Illegall & Contrary to y.e Law of England for there is some Breaches and Offences in Trade that are Cognizable in y.e Court of Admiralty (as all things done on y.e sea are) regularly and properly cognizable there but this Claus by them Generall Terms seems to Restrain that Jurisdiction and settle all those matters Tryable there in y.e Courts of Comon Laws by Twelve Men of Jury Therefore we Concieve that Claus totally Unnecessary and Illegall and that y.e severall Offences against Trade shall be Tryed according to y.e statute Laws and Customs of England and y.e Derictions of them Laws Either by y.e Comon Law or Court of Admirallty according to y.e nature of y.e offence and soe we take y.e offence Claus to be that says where aney one Jurror or Judge in y.e Tryall scruples to Take an Oath their Decl or attestacon shall be suffitient it is Contrary to y.e Comon and Statute Laws of England and therefore Illegall and Voyd which wee Humbly offer to Y.r Ex.cys Consideracon and are Y.r most Obedient servants George Plater W.m Dent Maryland Port of Annapolis By his Maj.ties Justices of y.e Provinciall Court Septemb.r y.e 10.th 1698 Having perused a certain Act of Assembly made in y.e Province of Pensilvania Entituled Ann Act for P.rventing Fraude and Regulateing Abusess in Trade within that Province of Pensilvania and County annexed Wee are of oppinion that y.e said Law is altogether Repugnant to y.e severall Acts of Trade and Navigacon and Especially y.e late act of Parliament in y.e Seaventh and Eighth Yeares of his p.rsent Maj.ties Reigne King William y.e Third &c.a And that if that practice should be Continued and allowed of there It will much p.rjudice his Maj.ties service in giving soe much Liberty there and will give occassion to all falce and Illegall Traders to resort thither And the Traders in that Province will have that Liberty given them which wee here and other his Maj.ties Plantacons are p.rcluded off and occassion Decay of Trade here Robert Smith John Pollard John Hawkins Tho Tasker John Thompson Tho Staley John Hammond Know all men by these P.rsents that wee John Bozmane of Somersett County gent W.m Round and Peter Dent gent are holden and firmly bound unto his Ex.cy Francis Nicholson Esq.r his Maj.ties Capt Gen.ll and Cheife Govern.r of this Province in y.e Just and full sume of one Thousand pounds of good and Lawfull Money of England to be paid to y.e said Francis Nicholson Esq.r his Ex.rs Adm.rs or Assignes to y.e which payment well and truly to be made wee bind our selves and Either of us our and Either of heires Ex.rs and Adm.rs Joyntly and Severally for y.e whole and in y.e whole firmly by these p.rsents wittness our hands and seales y.e second day of September 1698 The Condicon of y.e above written obligacon is such that Whereas his Ex.cy Francis Nicholson Esq.r afores.d hath Commisionated and Appointed y.e said John Bozemane to be Navall Officer of y.e District of Pocomoke in Somersett County w.thin y.e said Province by his Comission bearing Equall Date w.th those P.rsents now if y.e said John Bozemane shall well and Truly pforme y.e said office according to y.e severall Act of Parleament in that Case made and provided and shall observe y.e Derictions contained in y.e Acts of Assembly of this Province relateing to y.e Duty of Navall Officers and from time to time save defend and Keep harmless y.e said Francis Nicholson Esq.r from all damages loss and Charges that y.e said Francis Nicholson shall sustaine at any time by reason of y.e said Bozeman non performance of his said office (soe long as he shall enjoy y.e same) as in y.e said severall Laws Entitulled and Ordained Then this Obligcon to be voyd and of none Effect or else y.e same to be and remaine in full force and virtue John Bozman (sealed) Sealed and Delivered W.m Round (sealed) in y.e Presence of Peter Dent (sealed) John Marrogh Evan Thomas |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 875 View pdf image |
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