petition of Hutchins, Bridges and Broughton were commissioned in similar 
terms to collect records, minutes, and testimony relating to Hutchins' trial. 
Chief Justice Smith was also ordered to take security from Hutchins in the 
sum of .£5,000 to answer before the Queen in Council. 214 On December 1 a 
return was made to the Governor and Council under the November 10 commission 
by Bridges and Broughton, 215 which consisted largely of evidence as 
to the veracity of the printed version of the trial and as to the regularity of the 
grand jury proceedings. 216 
Turning now to England, we find that on December 17, 1702, a petition of 
Bayard to the Queen in Council that a day be appointed for hearing his appeal 
was referred to the Committee to examine and upon hearing the parties 
to report. 217 No action was taken by the Committee, 218 but on January 21, 
1702/3, both appeals were considered at the Council Board, and counsel for 
appellants and Atwood and Weaver, by themselves and by their counsel, were 
heard. 219 We have no detailed account of the scope of this hearing; probably 
the evidence for Bayard, taken under the October 28,1702, writ and mentioned 
in his petition and appeal, was considered by the Council. It is altogether unlikely 
that the evidence taken by Hutchins' commission was before the Council 
Board. 220 At any rate the hearing resulted in conciliar recognition of the 
214 9 MS Mini. N.Y. Council, 112. 
215 Ibid., 149. 
216 46 N.Y. Col. MSS, 149-78, partially destroyed 
by fire, must be supplemented by Cal. 
N.Y. Hist. MSS, Part 11, 302-3. 
217 PC 2/79/268. Atwood and Weaver, who 
had arrived in England in October (CSP, 
Col., 1702, #1086-87), were ordered to attend 
the Committee meeting on the following 
Thursday. In his petition and appeal Bayard 
complained of Atwood's partisan conduct of 
the trial, saying that he was convicted by an 
illegal petty jury of aliens and Dutchmen, 
unduly returned, and very ignorant of the 
English laws and language; that the libels on 
which the charge was founded were addresses 
to the King and Parliament containing just 
complaints lawful for English subjects to make, 
and an address of congratulation to Lord 
Cornbury on his arrival; that the addresses 
were not produced at the trial, nor was full 
proof made that Bayard had signed them or 
caused others to sign them; that reasons 
offered by petitioner in arrest of judgment 
were not answered, but overruled; that the 
judges strictly prohibited all persons from 
taking the trial in writing, some very short 
minutes and only such as the judges thought 
fit being taken by the clerk, who died before 
the conciliar order for the transmission of 
records arrived in New York. It was prayed 
that copies of the records and minutes of the 
trial attested by Cornbury, though not under 
public seal (the papers were sent up to Albany 
to be examined and signed by Lord Cornbury, 
but the public seal being at New York it could 
not be affixed in time, the transmitting ships 
sailing before the governor's return from 
Albany) might be received as evidence upon 
the hearing, together with witnesses viva voce 
and copies of depositions relating to the trial 
and proceedings. It was also prayed that the 
Attorney General be ordered to attend the 
hearing under such directions as the Queen 
thought fit and that Weaver and Atwood, 
now in London, also be ordered to attend 
(PC 1/46; Bayard MSS, printed in Goebel 
and Naughton, op. cit., c. iv, note 38). We 
have seen no copy of a similar petition and 
appeal of Hutchins, nor does the Privy Council 
register make any mention thereof. 
21s p or December 22 there is found a Committee 
minute that Bayard's appeal was "to 
be heard" (PC 2/79/274). 
219 PC 2/79/295. 
220 This is inferred from the time element and 
from the fact that the material taken under 
the commission is to be found in New York