And although there might have been more Wcrils jmt into the Grant, to have made it more ])!a'n to be understood, yet the Law dot'i it: For the Law in express Words confijnis cur Paten's aiul Grants, against the King, His Heij-s and Successors for ever, notwithstanding the Want of Form in the Law, or Nonfcizance of any Right, Pri\ Hedge, rr Gi.stom, which ought to have been done heretof ;re, by the (kmstitutiins and Lirecfions ccntnined in tl'.e rt spective Charters, Patents and Grants af ri said. And the Law proceeds fartlitr, to say, wlmt tlie Pri\ ilcdg-es

376 PAPERS RELATING TO SUFFOLK COUNTY.

granted to tlie Subjects are, as at large may appear in the same And if a Grant from the Crown, the Laws of this Colony, nor the Instructions from the King to the Governors for the Time being, will not secure the Priviledges of the Subjects, according to the Laws and Customs of this Colony, what shall a Man say, but request and crave the Priviledges of an English Man, and not to be passed upon but by due Course of Law.

My Council pleaded an Act of Parliament for the Subjects within tills Kingdom to go a Whale Fishing to Greenland, Friezlmid and Places adjacent, and lor tlie Oyl and Fins they so got should not pay any Duty. Also A'^ewfoundland and the Plantations in JVew-E7igland, who should pay a Duty for that when brought into this Kingdom. He shewed the Act to the Court. Upon the Tryal I was denied to have a Jury. My Council had pleaded a former Court, that we had Right by Prescription ; upon which tlie Attorney-General pleaded a Demur, and it was a matter of Law ; so I should not have a Jury : Although formerly, in the Year 1691, Peter C'wice seized a Whale killed by Richard Smiths, Esq ; Company, he sued for the same in the Supream Court at JS^ew-York, and Judgment was given in Favour of the Subject.