Volume 57, Preface 58 View pdf image (33K) |
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lviii introduction. the beneficiary of the forfeiture (pp. 10, 11, 12). Isaac Bedloe, the purchaser of the Hopewell, although here described as “a free denizen and inhabitant” of Maryland, was really a New York ship owner; it is of interest that he owned Bedlow's Island upon which the Statue of Liberty stands. A year later at a special court held at Mattapany, Calvert County, on March 19, 1666/7, a similar fate befell the ketch Hope, 16 tons, William Gard, master, and the barque William, John Therise, master, both vessels described as of New England and at anchor in the Patuxent River. The two cases were tried at the same time. Gard of the Hope was charged, in violation of the navigation acts, with unloading goods without first filing a complete inventory or lading invoice, showing the origin of the cargo, and Therise was charged with having taken on board at Patuxent two hogsheads of tobacco without first giving bond that these would be carried only to England, Ireland, Wales, or Berwick, or to some English plantation. The ship masters asked the court that they “have an attorney admitted them”, and John Morecroft then appeared for both. When the defendants pleaded not guilty and made a general defense, “The Court denys it is on theire part to prove the breach of the said Act but that in such Case Onus Probandi shall lie upon the Owner or Claimer of such Goods &: as is exprest in the Act of Parliament Entituled an Act for Prevent- ing frauds and Regulating abuses in his Maties Custom”. It was declared for the defendants that Gard had sent to the Governor a partial inventory of lading inserted in a letter from John Pius, the consignee, but admitted that the full inventory was not delivered to the Governor until bulk had been broken. Therise asked that he be tried by court, and Gard, who had at first requested a jury trial, then changed his plea and requested that he also be tried by the court. It was shown that the vessels had been eleven days at the port of Choptank where John pltts, the consignee, lived, and that bulk had been broken before the inventory was given to the Governor. The Court then adjudged that the ketch Hope be forfeited, and that the barque William, together with its cargo, which was of the production and manufacture of Europe, be also forfeited; and further adjudged that one-third of the confiscated property go to the Lord Proprietary, one-third to the Governor, Charles Calvert, and one-third to Wil- liam Calvert, the informer, who as Attorney-General had prosecuted the cases (pp. 158-164). The court records show that later, on April 13, 1668, Governor Calvert sold the confiscated ketch Hope for a valuable consideration to Richard Morris of London, merchant (pp. 290-292). The record, however, does not disclose what became of the William. The forfeiture of ships and cargoes to the benefit of those who sat in judgment upon the case, as well as the award of one-third to an informer who had also, as Attorney-General, acted as prosecu- tor, certainly leaves an unpleasant impression upon one's mind. It doubt- less was as the result of such episodes as these which led to the forfeiture of three vessels, that caused the Governor and Council, acting under instruc- tions from the Proprietary in England, to issue a declaration and an ordinance. under dates of June 5, 1668, and April 20, 1669, respectively, designating certain ports in the Province which alone were to be used by ships for the loading or unloading of merchandise, and the conditions under which the |
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Volume 57, Preface 58 View pdf image (33K) |
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