neither by Record or Inforination from tlie Crown to this Government ; so consequently they must be the Laws of this Colony, until they apptar to be disallowed by their Majesties : So that the Prosecution of me, for Whale- Fis/mig, I take it to be against the Form of our Grant to this Corporation; against the Laws of this Colony, and against Reason and the Governour for the tiine being's Listructions from the Crown ; for it is said therein. You shall carry on the Government for our Benefit and the Good of the Subjects, according to the Laws and Customs of the Colony. It is hurt to the Common- Wealth of tliis Colony, against tlie Crown to hinder Effects being taken, to make Returns Home for England^ to purcliase tiie Manufacture of the growth of that Realm ; aiid althougli Mr. Attorney General was pleased to commence an Action in Eehalf of tlie Crown, in tlie Supream Court at JYejv-Ycrk, against me, and prosecute from time to time, for above Three Years, I know not any Law the Action is grounded upon, but Consequence or Pretence; for I have not doneany thing in that Case, but wliat is according to the Laws and Customs of the Colon}', it is a common Saying, where there is no Law t'nere is no Transgression ; and in this Case I do not see how any can give Judgment against me, if he have Regard to the former Governors Grant, the Law of this Colony, the Governours Instructions from the King, Reason and a publick Oood of t'ie Su;ijec'.s, which is the End of all good Laws : I query, what Judgment and Penalty shall be put upon any of tlieir Majesties Subjects, that have not dene any thing contrary to Law and Custom, but consonant to both, and only made Use of an Antient Custom and Usage confirmed by Patent, Law and their Majes'ies Instructions : I have not done any thing but used such a parlicular Custom, as I take to be neitlier against the Law of God n;>r the Law of Reason, and to be good and necessary to the Comm mwealth.