captained by Thomas Daniell and in the service of the Assiento, was driven 
into Jamaica by want of provisions on a voyage from Cadiz to Puerto Velo. 
After victualing and leaving Jamaica, the ship was seized by men of war at 
the order of Sir Francis Watson, the acting governor, for violation of the Acts 
of Trade. A special Court of Oyer and Terminer was erected for trial of the 
ship by commission from Sir Francis, and the ship was condemned. 115 Several 
irregularities were alleged in the proceedings —that such court was unknown 
except in case of piracy, that the court's establishers acted as judges and purchased 
the informer's share in the condemnation before judgment, that the 
evidence was corrupt, and that counsel were not obtainable by claimant. 110 
Claimant petitioned the King in Council for relief, and the Dutch ambassador 
also intervened in the matter. 117 The governor was instructed that 
Daniell be admitted to appeal to the Governor and Council against the sentence 
of the Court of Oyer and Terminer, with' further liberty to appeal therefrom 
to the King in Council. In the latter case authentic copies of the records and 
proceedings in the cause were to be transmitted with such information as 
should be taken therein on oath. 118 On June 4, 1690, upon petition, the Governor 
and Council accordingly ordered the vessel appraised and delivered to 
Daniell upon his giving security for two-thirds the appraised value in case 
of affirmance upon rehearing. 119 The appeal was ordered heard upon June 25, 
but on that date Sir Francis Watson pleaded lack of notice, and the hearing 
was adjourned to June 30. The Provost Marshall was also ordered to have ten 
jurymen at the former trial before the Governor and Council on that date. 120 
At the start of the hearing on June 30 respondents pleaded to the jurisdiction 
of the court; after argument and debate thereon, the plea was overruled. Appellants 
then advanced that Watson had not been governor, that even if he 
had been governor, there was a positive instruction not to erect any new court. 
Lastly, that the things bought were not for merchandise, but only necessaries 
and comprehended within the articles of peace at Madrid. After argument to 
the contrary the Governor and Council resolved that Watson was not governor; 
that if he had been governor, the instructions did not give power to 
erect any such court; that therefore the whole process was coram non judice 
and the judgment in itself void from the beginning. Even if the court were 
lawful, the factual contention of the appellants as to the nature of the articles 
118 1 Labaree, Royal Instructions, #49 2 ; c f- 
CSP, Col, 1689-92, #258. 
"5 CSP, Col, 1689-92, #50 I; 4 MS Mins. 
Jamaica Council, sub June 25, 1690. 
118 CSP, Col., 1689-92, #50, 50 I; see also 
ibid., #297, for allegations as to the conduct 
o£ Chief Justice Elletson in the cause. 
119 4 MS Mins. Jamaica Council, sub June 4, 
1690. 
120 Ibid., sub June 25, 1690. 
i"2 APC, Col, #295; CSP, Col, 1689-92, 
#179. 233, 235-