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.

I uiuleis'and, witlim the Realm o^ England^ a General Custom is to be decided by the Justices, which I take to be tlie Twelve Judges : But if not, I suppose it must be more than One single Person ; but in a particular Custom (as tliis is) the Student at Law taith, If it be not against the Law of God nor the Law of Reason, although they be against the said general Customs or