Documentary History of the State of New York, Vol. III

Engolahee Lieutenant Governour, and Colonel Beatman President, there was not any tiling demanded nor paid by the Captors ; so that it ceased until Brigadier Hunter came ; then he imposed upon tlie People, seizing Whales, Oyl and Bone, and subpena'd the Capters to JYew-York to the Court of Chancery, issuing out Prosecutions at Law, to compel People to pay Duty for that Fishery : Whereupon, in the Year 1712, they commenced an Action of Trover against me, in the Supream Court at JYew-Yorkj and also arrested Colonel Richard Flyod and my two Sons Timothy and Matthew Mulford^ in an Action of Trover, for converting the Queens Goods to their own Use : This was carried on from Court to Court, to the Number of Fifteen or Sixteen Courts. Here follows tlie Defence I made in the Courts.

Mew-York^ March i\\e 15tTi, 17}|. Samuel Mulford^s Defence for his Whale-Fishing. The Custom of tlie Whale-Fishing is a Free Custom ; because there is not any Law to Proliibit it : It is an Antient Custom, to the Third and Fourth Generation ; it is more Antient tlian the Colony of J\\>w-York, and not in any Man's Memory to the Contrary till of late : And in tlie Year 1680, avc, the tovni of Easthampto7i, had a Patent to us, by the King's Governour, with several Priviledges therein granted to this Corporrflion, for which we pay 40 s. per Annum to the Crown, amongst which it u^s

PAPERS RELATING TO SUFFOLK COUNTY. 373