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

T/se siid Floyd is prosecuted for this Whale, and the Capters iiaving their Whale kept out of their Possession, by Reason of the Prosecution, next Seasm would not take a License : So that Nine Men were subpena'd to J^'cw-Ycrk the 24tii q^ June., in the most busy Time in the Summer, one Hundred Miles, to pay tlieSOt'i Part of what they got the Winter before, besides Chai-ges. So that it' tliey v/ill not. take a License, they shall be molested, if tliey do, tliey may lose their Whale.

Some time after the Supream Court was over, there v.-as a Juiy of Enquiry impannelled, to enquire what Damage was dime to the Crown by our Killing Whales. The Jury was ^o1d, tlicre was a Judgment against us, and their P»ns:ness was only to say what a Whale was worth. So that thev could not but say a

378 PAPERS RELATING TO SUFFOLK COUNTY.

V/liale was worth Sometliing. So Execution w;is issued out, nnd Distress made upon our Estates iur using an Antient Custtjui • because one Single Judge was of Opinion, T lat t'ley liatl jiot right by Prescription, thougli tliey i)ad by Law, but we kn(jw not what is Law. The Cliief Justice makes nn Aj-giiinent, tJiit we have nothing to do with Acts- of Parliament, we lia\e no Law but what the Crown allows us. Eut we kjiuw by Experience, That all Penalties by Act of Parliament ami Laws of t.iC Colony shall be severely put in Execution; wl.cn if by eitlicr lA' them the People might have a Eenefit it s'.mll do tb.em little or no good. Our Attorney-General said in Court, w!ien jjlcading about the Wliale-Fis'.iing, If there was an Act of Assembly to give the Liberty to go to Sea a Whale-Fishing, it signifits nothing.