The Case of Samuel Hanson, merchant and planter in Barbadoes humbly offer'd and submitted to the Kings most excellent Majesty's consideration and royal determination in council.

The Case upon the Third Appeal.

THE said Ship was bought by the Appellant's Agent, for his use in Lon∣don; and with her Tackle, Furniture and Rigging, cost about 1100 l. to fit out to Sea.

SHE set Sail from London on a Trading Voyage.

SHE arrived at Barbadoes about Four in the afternoon.

THOMAS Hyat, her Master, attended Sir Richard Dutton, to acquaint him with her Arrival, and whence she came, and with what she was la∣den, all within Four and Twenty hours after she Arrived, according to the Custom of the Island.

SHE had on Board 128 l. of Elephant's Teeth, worth about 6 l. belong∣ing to a Mariner, which (unknown to the Master) were Landed before the Governor his being attended; for which the Master was committed, till he paid a Fine of 10000 l. of Sugar.

THE fame day the Appellant made one Thomas Hanson Master of the said Ship.

THE said Thomas made due Entry in the Powder Secretaries and Naval Offices of the said Island, entring his Ship from Ferdiuando Po, gave Ac∣count of her Lading, and entred into such Bonds as were required by Law, paid all Duties due for the Service of the Island.

ALL this was done in time, before Sir Richard had heard that Hanson had appealed to Council, from the Judgment of 150 l. about the Guns, and before Sir Richard's committing Hanson to Prison; so that no Prosecution was had against the said Ship, but committing the Master till he paid his Fine of 10000 l. of Sugar, which was a Judgment agreeable to Law.

TILL Sir Richard heard of Hanson's first Appeal, and of his Intention to go into England to prosecute the same, and his designing to go over in his own Ship, and transport a Cargo of his own Goods with him, which when he heard of (having committed him, as in the former Appeal is exprest), he did (to make his abode on the Island more secure), cause the said Ship

TO be Arrested, which was in time Six Weeks after her Arrival, and af∣ter she had been carren'd, her Masts and Rigging taken on Shore and mend∣ed, and then carried on Board and set up again.

HƲGH Archer, Edwin Steed Esquire's Man, libell'd her in the Admiralty Court, and grounded his Libel on a Clause contained in a Statute of 150. Caroli IId, Entituled an Act for Encouragement of Trade, which obliges all Masters bringing Ships to any the Kings Plantations, to attend the Gover∣nour, give Inventories of his Lading, and Certificates where taken in, and prove the Ship English, and Navigated by Two Parts English, before Bulk broken.

THE Libel expresses the Ships Arrival with several Goods and Merchan∣dizes, and that all was landed before Sir Richard was attended, which for∣feited Ship, Guns, Tackle, &c. Pray'd Process to force Hanson and Hyat the Master to appear immediate, and answer the same.

PROCESS as desired was issued and served upon them both in Prison; they appeared by their Proctor, took Copy of the Libel, and thereto put in a Demurrer, demurring to the Jurisdiction of that Court, offering therein good Reasons in Law, to prove that Court had no manner of Cognizance of that Cause; therefore pray'd to be dismist, as by the Record appears.

THEY were cited to attend that Court on the 7th of that Month, and argue their Demurrer; but being Prisoners, were not suffered so to do; nor could they prevail with any one Proctor or Council to appear on their behalfs, lest thereby they should incur the anger of Sir Richard.

THE cause was called, the Proofs, Libel, and Demurrer read, but none ap∣pearing for Hanson, (the Provost Marshal informing the Court, that he to∣gether with the Master were in Custody); thereupon the Cause was put off till the next day.

SIR Richard in the Admiralty Court (whereof he made himself sole Judg) Condemned the said Ship with her Rigging, Tackle, Furniture and Goods.

SHE was afterwards set up for Fourteen Days to be freighted for England with the Kings Colours on board the Top Masts Head, but no Person on the Island would fraight any Goods on board her.

THE Kings Colours were thereupon taken down, and the Ship, &c. ap∣praized by sworn Appraizers, who valued her at about 280 l. after which she was exposed to sale by Inch of Candle, set up at 250 l. no one would advance upon her, except Capt. John Steward, a Person employed (as is be∣lieved) for that purpose, who bid 251 l. and had her declared sold to him for that money, a Third Part whereof belonged to Sir Richard, as Gover∣nour.

THIS Ship was thus illegally condemned, and Hanson denied the Benefit of the Law (being his Birth-right); viz. a Tryal by a Jury; which by the Statute on which the said Libel was grounded, is expresly provided for and directed in all Cases of like Nature, and never denied but in this Case.

FROM this illegal Seizure, Condemnation and Sale, the said Hanson also appealed, praying, as in both the former, to be relieved according to E∣quity and Justice.

THE first Appeal was preferr'd, and upon the Reading thereof, was referr'd to the Right Honourable, the Lords Committee for Trade and Plantations; whose Lordships

ORDERED Sir Richard a Copy thereof, and to put in his Answer there∣to without delay, and Transmit over Copies of all Proceedings had in the Cause.

SIR Richard in September following, was served with the said Order, the which he obeyed.

HANSON escaped from Prison, and got on Board Captain Young's Ship, bound for England, who had the 11th of September, 1682. with Two Sureties, given Bond of 2000. l. to Sir Richard, Conditioned, among o∣ther things, Not to carry any Person from off the Island, without a Ticket.

HE arrived in London, and immediately entred his Appearance at Council-Board, to shew, That he did not fly from Justice, but to the Supream Foun∣tain thereof for Relief, against the highest Oppression that perhaps ever was put upon an Innocent Subject.

HE exhibited his Second Petition of Appeal, relating to his illegal Impri∣sonment, therein acknowledging his having made his Escape from Prison, begg'd Pardon for the same; further praying, That Captain Young, and his Sureties, might not be prosecuted on the aforesaid Bond, for bringing him over, offering to give good Security to prosecute his Appeal, and abide His Majesties Determination; which Petition was also referr'd to the Lords Committee, whose Lordships on Reading thereof, Ordered the Third Ap∣peal, relating to the Ship, to be brought in within Fourteen Days. Accor∣dingly,

THE said Appeal was put in, and referr'd to the same Committee, whose Lordships having all Three Causes before them, did

ORDER the hearing of the First Cause to be put off till Sir Richard's ar∣rival in England (tho his Answer and Copies of Records were then all before them, and the Cause ready for hearing); and also Ordered, That Sir Ri∣chard should have Copies of the Two latter Appeals, and answer the same without delay.

IN the last Appeal it was, among other things, pray'd,

THAT all Three Causes might be heard together at Council-Board.

THAT the Appellants Witnesses might be examined before their being sent back to Barbadoes.

THAT the Consideration of the whole matter of all his Appeals, might be referr'd to some of the Judges at Common Law, and Judg of the Admiralty, to consider, and Report their Opinion in point of Law thereon.

SIR Richard being arrived, Hanson petitioned, That he might forthwith answer the Two latter Appeals.

THAT all the Causes might be heard together at Council-Board: and that some of the Judges at Common Law, and Judg of the Admiralty, might be present at such hearing, to deliver their Opinions in the Points of Law: Upon Reading whereof, Sir Richard was Ordered to answer within One Week.

SIR Richard put in his Answers; both which were referr'd to the Lords Committee aforesaid, with Directions for their Lordships to appoint such day for hearing the whole Matter of all Three Causes, as they should think fit.

HANSON reply'd to Sir Richard's Answer; both which were full of scan∣dalous Reflections upon his Person; and by such his Reply, contradicted every Paragraph thereof; which being Read, was also referr'd to the said Lords Committee, whose Lordships

ORDERED all Three Causes to be heard the 2d of October following.

THE Cause upon the First Appeal, relating to the 150. l. Fine, was heard, all the Allegations of the Petition made clear, and Sir Richard's Answer confuted by his own Witnesses, and the Committe satisfied, that he had not proceeded regularly, in setting the Fine himself, without the con∣currence, and against the Consent of the whole Court.

WHEREUPON Sir Richard alledged, he could make it appear, he set the same by Consent of the Majority of the Judges and Justices then pre∣sent; for which purpose he had time given him to the 9th of that Month, and Mr. Attorney General ordered to be then present on behalf of His Majesty.

THE Cause came again to be heard, when Sir Richard's own Witnesses being examined upon Oath, swore contrary to all his Assertions; upon which, as also upon hearing the Testimony of several of the most Eminent Planters, the Lords Committee declared, They were fully satisfied, That the Fine was irregularly imposed; and were proceeding on to hearing the Two latter Appeals; but Sir Richard and his Council alledging, That they were not ready (nor could be) for such hearing, until they had Witnesses from Barbadoes (an Allegation so far from ever being made be∣fore that time, as that in his Answer to them, he submitted to an Hearing), their Lordships were prevailed with to give him Five Months longer for preparing such Evidence as was necessary, with liberty himself to go over, and examine such Witnesses as he should think fit, and the Causes to be heard in his Absence.

WITH this Rule of their Lordships, Hanson was well satisfied (tho obliged thereby to remain here from his Wife, Family and Estate, during that time), until coming out of the Council, Sir Richard threatned in the Lobby, to Indict and Out-law him for Murther, and to hang him, if ever he came upon the Island, and to ruine his Estate, tho he should not come there.

THIS put him upon consulting with his Council, which way he might take to keep Sir Richard here till the Causes were heard, that so his Estate might not be destroyed in his Absence; whose Advice was, To proceed against him at Common Law, upon an Action of Trover for his Ship, and of False Imprisonment, for committing him to the Provost Morshal, and keeping him Five Weeks there; assuring him, That whenever the said Appeals should come to be heard at Council-Board, their Lordships would not intermeddle with assessing his Damages, having denied to do the same but the year before, in the very same Cases which then happened between Capt. Mingham and Sir Henry Morgan, Deputy Governor of Jamaica; in which Cause they declared, They could not Assess Damages, only left Ming∣ham to proceed at Law for the same, and took off Sir Henry Morgan's Prote∣ction. Whereupon

HANSON Petitioned His late Majesty in Council, and for the Reasons therein contained, prayed,

FIRST Leave to proceed against the said Sir Richard at Common Law, upon the said Action, offering to stay Six Months before coming to a Trial,

that Sir Richard might have his Witnesses, so as he would give Bail before his going over.

2. THAT a Commission might be issued into Barbadoes, to impower in∣different Persons to examine each Parties Witnesses in that Island.

3. THAT Mr. Steed, Mr. Davis, and Mr. Newton, alledged by Sir Ri∣chard to be material Witnesses for him, might be examined on Oath.

4. THAT no Evidence might be made use of at the hearing, but what should be taken upon Oath.

5. THAT George Hanna the Provost Marshal, a material Witness for Hanson, might perfect his Examination, the which he had been above Six Months about, and had not then done.

WHICH Petition was referr'd to the said Lords Committee, with order that Care should be taken that Hanna perfect his Examination before his Departure; and that Sir Richard should forthwith put in his answer there∣to before their Lordships; with which Order their Lordships were attend∣ed, and Hanson waited with his Council three days, thinking he should have been heard thereupon, but was not called in, nor did he ever hear of any Answer put in by Sir Richard thereto, until

WHEN the Right Honourable the Lords Committee made a Report to His Majesty in Council; Wherein,

FIRST, They offered as their Opinion, that the Fine of 150 l. was irre∣gularly set, but desired to hear the whole Matter again, and to have a new Examination thereof, and that Five Months time might be given to transmit such Records, Proofs, and Informations as should be necessary thereto.

2. THAT Sir Richard with the Council there might cause all necessary Proofs to be taken upon Oath on either side, and transmitted over.

3. THAT in the mean time the 150 l. remain where it then was, and all Three Causes to be heard together.

4. THAT Hanna perfect his Examination within one Month, so as Han∣son give him a full and final release from all damages that might arise to him by answering any Interrogations that should be put to him: Which Report was confirmed that day; but Hanson before he heard thereof, on the

SENT a Letter to Sir Richard to acquaint him with his Resolutions of proceeding against him at Common Law for his false Imprisonment, and the Ship he took from him, writ him the Name of his Attorney; and desired an Appearance and Bail without further Trouble or Charge.

SIR Richard petitioned his Majesty in Council, a Copy whereof was or∣dered to Hanson, and he required to Answer the same on the 16th of that Month.

HANSON put in his Answer thereto, and thereby confuted all the scan∣dalous Matter therein contained, submitted his Case wholly to His late Maje∣sties Royal Consideration, and prayed,

FIRST, Liberty to proceed at Law as aforesaid,

2. THAT a Commission might issue to impower indifferent persons to examine Witnesses in Barbadoes, as before he had pray'd (if any new Evi∣dence should be thought fit to be admitted upon an Appeal.)

3. OR that he might be heard by his Council at that most Honourable Board upon the whole matter, before Sir Richard's going over.

TO which answer he annext several Articles of High Misdemeanor against Sir Richard, on behalf of the Inhabitants of the Island: on reading whereof;

FIRST, It was ordered that it should be left to Hansons choice, whether he would proceed at Commen Law, or attend the Determination of his Appeals at that Board.

2. THAT unless Hanson released Sir Richard from all further Prosecution at Common Law upon the Matters of the said Appeals before the 21st of that Month, the Two latter Appeals should stand dismist.

3. THAT Mr. Attorney General, and Mr. Graham, on his Majesties behalf should take effectual Care to assist Sir Richard in the Suits prosecuted against him by Hanson.

HANSON put in his Answer to that Order, and therein set forth,

FIRST, That he never doubted his Majesties and that most Honourable Boards Justice.

2. NEITHER did or would he wave the same.

3. THAT he would always submit any Cause of his to His Majesties Royal Determination, so as the same could properly come before Him in Judgment; and would have waited the Five Months aforesaid, and the hear∣ing of the Causes before any proceeding at Law; but that,

FIRST, Sir Richard and the Council in Barbadoes were not only appoint∣ed to examine his own, but Hansons Witnesses also, and that not only in the first, but the two latter Appeals, both which concern'd Sir Richard alone; a thing without President, and of dangerous Consequence to be led in example, and would prove fatal to Hanson in depriving him of his Witnes∣ses Testimony; for that none of them would dare to come before Sir Ri∣chard to be examined, and no other Person durst take their Affidavits against their Governour, unless appointed thereto.

2. BECAUSE the Order aforesaid, which seemed to leave Hanson to his Election, was so penn'd, as that it took away from him that Freedom, and obliged him to proceed at Law, in as much as he was thereby obliged imme∣diately to release Sir Richard if he intended to abide the hearing of that Board; which if he should do, and the Council upon hearing should (as they had in the aforesaid Case of Mingham) declare they could not assess Damages, therefore leave him to law for the same; then would such Release be pleaded in Bar to his Declaration, which he could not conceive was de∣signed by the Lords of the Council, no more than they would order Mr. Attorney General, and Mr. Graham on his Majesties behalf to defend Sir Richard against Hansons suits, which were civil Causes arising by matters between him and Sir Richard; and His Majesty no way concerned therein as a Party; and yet even that was ordered also.

BUT the said Hanson did then offer in his said Answer,

FIRST, To refer all the Matters in Difference between him and Sir Ri∣chard to any Person of Honour or known Honesty, even to the nearest Re∣lation and best Friend Sir Richard had: Or,

2. TO take what Sir Richards own Council and Sollicitor had offer'd him after the first hearing about the fine, tho not a Fifth Part of his Damages, rather than to have any further Contest or Trouble.

3. TO stay all Proceedings at Law till the hearing appointed should be over, so as he might not (for the Reason beforementioned) be obliged to Release Sir Richard: And so as,

4. TWO indifferent Persons on either side might be appointed to examine both Party's Witnesses fairly and impartially (if any such new Witnesses should be admitted to Examination) and so as all Proceedings upon the Masters of the Ship's Bond that brought him over, might be stayed till after such hearing.

UPON reading whereof Hanson was left to his free Election to be decla∣red by the then next Council Day whether he would proceed at Law, or abide the hearing at that Board, without altering any thing in the former Orders.

HANSON by his Answer for the Reasons aforesaid, was obliged to make Choice to proceed at Common Law, therefore prayed,

FIRST, That Sir Richard might be ordered to appear and put in Bail.

2d. THAT he may Answer the General Articles Exhibited against him, on behalf of the Island, before his going thither; whereupon it was Or∣derd.

FIRST, That Hansons two latter Apeals be dismist.

SECONDLY, That his first about the 150 l. fine, should be transmitted into Barbadoes; and a new fine be set upon him, in pursuance of that for∣mer Verdict, by the Court of Grand Sessions; who by the said Order, are directed to proceed to a new Judgment thereupon in that Island according to His Majesties new Regulation then made.

3dly, CAPTAIN Youngs Bond of 2000 l. penalty, to be put in Suit by His Majesties Attorney General, for bringing Hanson over without a Tick∣et.

4. SIR Richard to answer the General Articles, by the 30th of that Month.

SIR Richard had time given to answer till the 5th December following.

HE put in his Answer, full of scandalous Reflections upon the said Han∣son; on Reading whereof, it was ordered that he should be at Liberty, to proceed on his Voyage to Barbadoes, notwithstanding the General Articles Exhibited against him, which Articles and Answer thereto, were referr'd to the Lords Commitee aforesaid.

HANSON by Petition, Humbly offer'd several reasons against the se∣verity of the Order of the 23d. November; upon reading whereof, he had then again Liberty given him till next Council Day, to chuse whether to proceed at Law, or abide the hearing of that Board; but still upon the same Terms, and under the same Inconveniences as before, viz. To Release Sir Richard, and he to Examine (with such of the Council as he should think fit) the Witnesses on both sides; which Order neither Hanson or his Coun∣cil believed would have been made, if his Petition which was forced to be long, had been fully read.

HANSON put in his Answer to the former Order, together with a Reply to Sir Richards Answer to the General Articles Exhibited against him, by which he well hoped he had clearly Evinced the said answer to be in all parts of it, (which related to himself) not only scandalous, but untrue in every particular thereof, and as to all other matters very cunning and fa∣lacious. Which done,

FIRST, He therein declared, that as he ever was, so he is still, and ever should be ready to Subject his Person, his Estate, and what ever Contro∣versie he had, to His Majesties Royal Pleasure and Determination at that most Honourable Board, so as the same might come before him without be∣ing prejudiced (by Sir Richard and his Council their having the Examina∣tion of his Witnesses) and declared he had no design to proceed at Law, when he first sent to Sir Richard for an appearance till after the hearing be∣fore his Majesty, his only intent therein being to have an Appearance befor his going over, that so he might have proceeded against him in his absence; if upon such hearing, his Majesty should think fit to leave him to Common Law, as he had done in the very same Case with Captain Mingham, whose Ship Sir Henry Morgan had Condemned and Sold, and Imprisoned his Person for Appealing to this most Honourable Board from that Sentence of Con∣demnnation.

2d. THAT he had never chose to go to Law when left to his Electi∣on, if by the same Order he had not been obliged to Release Sir Richard immediately, if he should Elect to abide the hearing of that Board, and therefore offer'd as followeth.

THAT so as his Appeals might remain as they did, upon the hearing 9th October 83, till the hearing of the Causes appointed in February then next following, and be then heard, and all proceedings relating to any of the matters therein contained in the mean time stay'd, and no new Evidence admitted of, in that first Apeal which had been fully heard; that then and in such Case he was still willing to wait the hearing appointed, and abide the Determination thereof, so as

SIR Richard before his going to Barbadoes would appoint an Attorney to appear for him, if his Majesty in Council should think fit upon the hearing to refer him to Common Law, for recovering his Damages, Which offer Hansons Council advised him was (as they conceived) all that the Order of Council required, or at least designed. Nevertheless

AN Order of Council was past, whereby the said Offer is declared not satisfactory to that most Honourable Board, and that they did not find any reason to alter what had been ordered relating to the said Sir Richard, and Hansons Cases, therefore directed all former Orders to stand.

HANSON perceiving that nothing by him offer'd did prove satisfactory, resolved (if possible) to treat with Sir Richard for an amicable Compo∣sure of the Difference between them, and for that purpose prevailed (by the Interposition of one of Sir Richard's nearest Relations (a Person of great Quality) to be admitted into his Company, where according to the Direction of the Order of Council aforesaid; he offer'd to cease all Pro∣secution at Law against him, for the Matters contained in his two latter Appeals, and to Seal to him the Release thereby directed; Provided he would promise to assist him with his Interest for the obtaining a hearing upon his said Appeals, and in the getting back the 150 l. Levied upon him for a Fine, and the 251 l. raised by Sale of his Ship; and so as he would undertake that there should be no further Proceedings against Capt. Young, or his Sureties, on the 2000 l. Bond. Nor no new Fine set upon him in the Island, upon the aformentioned Verdict; whereby he was found Guilty of a Fraudulent buying 12 Guns belonging to Rodrigus a Jew, nor any prejudice come to one Bird, who came into England, and was Ex∣amined as a Witness against him in Council.

TO which Proposition Sir Richard readily consented, faithfully promi∣sed in the presence of his said Friend and Relations to perform them all; with this further Assurance, that he would be Hanson's real Friend, serve him in what he could, and make him Great upon the Island; offer'd to carry him over with him in the Diamond Frigat, and profest that nothing of former Differences should be remembred, but be utterly forgotten, as if they had never been: But advis'd him at the same time, not to prosecute the hearing of his Appeals too speedy, because he had so lately represented him an Ill man to the King, as that he could not presently give His Majesty any other Character of him; adding further, that tho Sir John Witham (to whom the Order of Council, which directed the Suing Young's Bond, and laying a new Fine on Hanson was sent) had Proceeded against Young and his Sureties to Judgment; yet would he put a stop to all further Proceed∣ings, and take care that no Prejudice should come to Young and his Sure∣ties, or Hanson thereby, nor by the Imposing of any new Fine upon him.

HANSON relying on this Assurance of Sir Richards invited Sir Richard to a Treat, and there gave order to stop all Proceedings at Law against him, and sealed a Release drawn by Sir Richard's own Council (who had also drawn one from Sir Richard to Hanson, which he offer'd to Seal, but Han∣son refused to accept of.) Sir Richard then invited Hanson to another Treat at the same place, where they met with Friends on both sides; at which time,

all the Promises before-mentioned were renewed by Sir Richard, upon which, Hanson promised to follow him to Barbadoes.

SIR Richard soon after set Sail.

BUT before Hanson went away, he had notice

THAT Sir John Witham had made Collonel Edwin Steed chief Baron of His Majesties Court of Exchequer, for trying the Cause upon the afore∣said Capt. Richard Young's 2000 l Bond, to which Court

RICHARD SEAWELL Esq; His Majesties Attorney General, came and exhibited three several Informations, one against Young, the other two against each of his Sureties, Matthew Haviland and John Fowler; these In∣formations were in His Majesties name, and on his behalf prosecuted; but the Bond was entred into, to Sir Richard Dutton, and never by him assign∣ed to the King.

The Information sets forth, That on September 18. 1682. Young, Havi∣land and Fowler became joyntly and severally bound to the said Sir Richard Dutton, Governour of Barbadoes, in a Bond of 2000 l. penalty, condi∣tioned among other things, that Young should not carry off any person whatsoever, White or Black, without a Ticket from the said Sir Richard or his Successors, Deputy or Deputies.

THAT contrary to this Bond, Young carrid off Samuel Hanson a Planter and Resident on the Island, without a Ticket, which Hanson was then a Prisoner for Crimes and Misdemeanors committed against His Majesty, con∣tained in an Order of the Governour and Council made October 31. 1682. which Order recites, That Hanson was committed some days before, by Warrant from Sir Richard (for divulging the Contents of a Letter sent to him by John Cresset of London, Sollicitor, in which Sir Richard was tradu∣ced, and some Lords of the Kings most Honourable Privy Council unfitly mentioned, and exposed to the Malicious Censure of the disaffected in that Island to His Majesties Government) and ordered to remain in custody till with sufficient Sureties he should enter into a Recognizance of 10000 l. before three of His Majesties Council, to answer the same, and other misde∣meanours committed.

IT also recites, That Hanson appeared that day before the Council, and upon Examination, denyed that he had seen the Letter so directed as afore∣said, but confessed he received a Copy thereof from one South his Corre∣spondent, which Copy he produced, and upon Examination was found a true Copy, the which he confest he had shown, or read to three persons, or suf∣fered them to read it; for which and other misdemeanors he had done to Sir Richard, he was remanded till he should find Surties as aforesaid, and for the good Behaviour; and the Copy of his Letter to remain in the Secretaries Office, till Sir Richard should think fit to make use of the same there, or in England.

THEREFORE the Attorney General insisted that the 2000 l. (being the penalty of the Bond) for breach of the Condition thereof in bringing away Samuel Hanson, was become due to His Majesty, and prayed a Judge∣ment for the same.

Young, Haviland and Fowler by Council appeared, prayed time to plead, and had till the Thursday following given for that purpose.

THEY all Three pleaded severally.

THEY protested against the Information, adding, that the matter therein contained was not sufficiently set forth, and denied that they were guilty of any contempt against the King, or breach of his Laws in manner and form, as in the Information was set forth; but for further Plea,

1. THEY said, that upon the Construction of the Law, it is evident that the intent of entring into such Bonds as aforesaid, was only to secure

the Inhabitants of the Island, who should have their Debtors or Slaves car∣ried off without a Ticket.

2. THAT by constant usage the Governors have ever since the Act made, assigned over such Bonds to the Persons agrieved by the carrying off any Person contrary to the form of the Act, which Implies the Governors by that Act are only made Trustees for the Inhabitants in such Cases. Opti∣ma est Legum Interpres Consuetudo.

3. ALL such Assignments as by the Act are directed, would be void, if the said Bonds should be construed to be made to the Governors in trust for the King; for in such Case, the Governors connot Assign the King's Debt to any Person, Especially if not Creditors of the Kings.

4. If it should be alledged that the King is damnified by Young's carrying off Hanson, yet is the information defective in its not setting forth wherein and how much of which the Court ought to judg, whereby the Defendants are outed of their Appeal granted by an Act of the Island, Entituled, An Act for the establishing the Court of Common Pleas within the same.

5. HAVILAND and Fowler pleaded that the Attorney General had be∣fore exhibited an Information against Young the Principal for the said 2000 l. supposed due to the King, which they conceived amounted to a Prior Infor∣mation.

6. THEY insisted that they ought not to be charged in that Court till re∣turn made, That the Principal could not be found, or was insolvent: Magna Charta Cap. 8. saith as followeth, Neither shall the Pledges of the Debtor be distrained, as long as the Principal Debtor is sufficient; if the Principal fail of Payment, having nothing wherewith to pay, or will not pay where able, then the Pledges to answer.

7. THEY say, taking such Bonds by any Person for the use of the King, is expresly prohibited by the Act of 33. Hen. 8. cap. 39. therefore the Act of that Island cannot be construed to be repugnant to that Statute, &c.

8. THEY insisted, that the said Bond if at all suable for the King, ought not to be sued in Sir Richard's Name, all Bonds to the King's use being pro∣hibited as aforesaid from being taken in any name but his own.

9. THEY alledged that the Attorney General in his Informations hath not shown that Sir Richard did assign the said Bond to the King.

10. THEY insisted that the Attorney General in his Informations hath not cited the proper Acts whereby any Officer is impowered to take any such Bond with such Condition endorsed as he pretends is forfeited to the King.

11. THEY aver, that if the Information should be ruled right to lye, then Judgmeet would be entred for 2000 l. and no relief against the intire penalty to be had, tho the Damages designed by the Act to be made good, should not amount to a 20th part thereof, which would be a grievance expresly a∣gainst the Letter of the Law, and contrary to the constant practice of re∣covering Damages upon the said Statute.

12. THEY add, that by this method of proceedure they should be depri∣ved of the benefit of their Appeals expresly provided for by the Act for set∣ling the Court of Common Pleas, for that being a Court Inferior to this high Court, cannot be appealed to, from any Judgment given here; so that they must be left without any Adjustment of the Damages, which by the Law they are bound to repay, which the Act directs to be done by Court of Common Pleas, in Cases where any Penalties are recovered. And there∣fore directs that all those Bonds shall be Sued in that Court.

13. THE Court of Common Pleas cannot own a Jurisdiction in Case of Appeal from the Court of Exchequer, because it is not provided for by a special Proviso in the Act, which constitutes that Court; especially, be∣cause the Court of Exchequer was not then Establisht; but hath been

since Erected with a superiority over that of the Common Pleas.

14. IF Bonds of this Nature should be adjudged in construction of Law, to Oblige the Obligor for the whole penalty, for every little or single Breach thereof, then will the whole Island be left, for it will ruin all Trade and Comerce with them, from all parts of the World.

BECAUSE no prudent Man will at any time after, become bound with any Master of a Ship in such Penalty, and under such Conditions, when he shall find that for the smallest of Crimes committed the same shall be declar∣ed, Forfeited to the King.

FOR these and other reasons, they pray'd the Informations might abate.

THE causes were continued till next Court.

THE Plea in abatement was over-ruled, and the Defendants ordered to plead next Court, or Judgment to be awarded.

THEY all three Pleaded, and in each of their Pleas, recited the Act which impowers the Governour to take such Bonds; and averr'd, that the King ought not to have Judgment. For that by the said Act, it is Enacted, that whatsoever person or persons shall carry off in his Ship, Vessel, or Boat, any Freeman Servant or Slave, (that have resided there) without a Ticket for the same, that in such case such persons bond shall be assigned to such person or persons as should be thereby prejudiced, to be by them sued, and the Penalty thereof recovered, out of which satisfaction to be made to the person prejudiced, with his Charge and Damages, and they Averr'd, that such Bond is as well assignable to the King (if need were) as to any other person whatsoever; and affirm, that no such Assignment was ever made; as also, that our Lord the King was not damnified by carrying off Hanson in the said Ship, in manner and form as in the Information was set forth; and of this, they and the Attorney General put themselves upon their Country.

THE Attorney General by Protestation, not allowing the Pleas to be true, alledged, that they were all of them insufficient in Law to discharge the Defendants; wherefore and for that, there was contained in them double matter, he demurr'd in Law, and pray'd Judgment, and for Cause of Demur∣rer said.

THAT the Defendants alledged in their Plea, That as to any thing contrary to the peace of the King, or in Contempt of the Law, they are not Guilty; and of that, put themselves on the Country; so did the Attorney General, who

FURTHER saith, that the Defendants as to the Forfeiture of the 2000 l. Bond, of which he pray'd Judgment for the King, had pleaded the Act di∣recting the taking such Bonds, and all the special Matters set forth in their Plea above written, wherein there is double matter contained; therefore, and for other reasons to be shown, Ore Tenus he pray'd Judgment of the said 2000 l. for the King, against each of them.

THE same day the Defendants were obliged to joyn in Demurrer.

JUDGMENT was given of 2000 l. a piece against Young, Haviland and Fowler, in all for 6000 l. for Relief, against which they Exhibited their Bill into the Chancery, to which Mr. Attorney General Demurr'd, and the Demurrer allow'd by the Court.

YOƲNG finding himself and Sureties, thus prosecuted; he, when he came back to Barbadoes, made over to Haviland and Fowler a Bond of 5000 l. penalty, which Hanson had in London voluntarily given him, to save him harmless from any Damage that might arise by reason of his bring∣ing him to England.

NO sooner had they that Bond, than to secure themselves, they put it in Suit in the Court of Exchequer, where (tho Hanson was in England) that Court forc't his Attornies to appear for him (howbeit their Letters of

Attorney had been absolutely revok't above twelve Months before) and notwithstanding a sufficient Plea was by them put in on Hansons behalf, yet was Judgment most irrigularly given against him for the whole Penal∣ty of that Bond; and Copies of the Proceedings thereupon are denied him to this day.

HANSON being in London, and hearing of these Proceedings (just as he was going over, and after his goods and all things were on Board in order to his Voyage) resolved to stay here and prosecute his Appeals, for which purpose he took all his Cloaths on Shore, and suffer'd the said Ship to fall into the Downs; but advising with Sir Richard's Friend, who was present when the Agreement aforesaid was made, and who afterward very kindly had carried Hanson to kiss His Majesties Hand before his Departure, he per∣swaded him by all means to proceed on his Voyage assuring him that he was consident, that when Sir Richard should arrive on the Island, all pro∣ceedings against him would be stopt, and his Promise and Undertaking be made good; and gave him a Letter to Sir Richard to press the same; upon which he followed the Ship into the Downs, and went to Barbodoes; where when he came and waited on Sir Richard, he was acquainted with all the matters aforesaid at large, and told that he had given account thereof to his Majesty, and sent to know his Royal Pleasure therein: But what Letter he writ, or whether he gave account of the agreement aforesaid between them, or of the nature of the Law that directs the taking Bonds, or the destruction that it would be to the Navigation of the Island if such a Presi∣dent were made and led in example, he knows not. However all Proceed∣ings were stopt until in return of Sir Richard's Letter, an Order of Council was sent to Levy 2000 l. upon the Judgment obtained on Young's Bond, the same to be paid to Edwin Steed Esquire, and he to return the same into the Exchequer here.

WHICH Order was made without the said Hansons being heard, or any on his behalf; and grounded on a Report made by his Majesties Attorney General, whereby he declared his Opinion to be, that Young's Bond was forfeited to the King by the bringing Hanson into England; and by the wording of the Order, it seems to be grounded upon Hanson's having given security to Young to save him harmless.

NO sooner did this Order arrive on the Island, than Hanson was sent for, told thereof, and required to pay the Money, which was impossible for him to do on a sudden, such a Sum not being to be had on the Island in a short time. However he to show his Duty to the King, and readiness to comply with his Order in Council;

FIRST, Prayed the Liberty to bring his Appeal, and offered to give 10000 l. Security to abide such Order of his Majesty in Council as should be made upon the hearing thereof, and to pay the Money in London, if not relieved by that most Honourable Board; this Sir Richard denied, assuring him he had nothing to do therewith, but referred him to Mr Steed, who de∣clared the same, adding that he was no otherways concern'd than to receive and return the Money, when Levied and paid to him.

HANSON then used all means possible to get the money rather than to suffer his Plantation of 2000 l. per annum, to be destroyed; and so far pre∣vailed, as that he was able, and offer'd to pay 500 l. in one Month, 500 l. three Months after, and the other 1000 l. so soon as he could grind out his Sugar Canes, or sell what he had ready made; which Proposition was also rejected.

AFTER this he offered to assign Judgments, which he had from able Men on the Island, for the 2000 l. demanded, and prayed aid in recovering the same for his Majesties Use; the which would by no means be complied with;

but the whole Money insisted upon to be laid down, (which was impos∣sible for him to procure in so short a time): Hanson to show his readiness to comply (so far as it was in his Power) with the Order of His Majesty and Council, offered to pay the said Sum as fast as he could raise the same by sale of his Sugars and Molosses then made, and what he was to grind out of his present Crop; provided he might have leave to sell his Goods to the best Advantage, and Mr. Steed to receive all the Money they should be sold for, and he not to intermeddle with one Penny, till the 2000 l. should be fully paid; this Favour was also denied him.

THESE and many other Propositions having been made and rejected, Hanson had no more to do, than to wait the Event of the Fury designed against him, which he soon felt: For without any manner of Respite given him,

GEORGE HANNA Esquire, Provost Marshal, having Execution against Young and his Sureties for Three Two Thousand Pounds, in all 6000 l. and against Hanson upon his Bond to Young for 5000 l. which Young's Sureties (after Levying 170 l. or thereabouts, by seizing and selling 17 Head of great Cattle, 4 Negroes, 1 Horse, and 6 Sheep), had assigned to the King for the satisfaction of the 2000 l. a piece, recovered against them as Sureties for Young: Came to the said Hanson and demanded the same, together with about 700 l. for the Fees for Levying thereof; which not being paid, he immediately extended (not his Houses and Lands, which he might have done to a far greater value than the 2000 l. penalty of the Bond, but) his Negroes, Cattel, Horses, Sheep, Coppers, Stills, Moveables of his Windmills, and even the Tiles of his Houses, which to have taken away to the Value of 1000 l. would have rendred that Plantation (then worth 2000 l. per annum) not to be worth 10 l. per annum: Of this also the said Hanson complained, and humbly prayed that a stop might be put to such rigorous Proceedings, desi∣ring only leave to sell his Estate intire, on giving security that he would pay out of the first money raised by such sale, not only the said 2000 l. but Interest, Damages, and Charges for the forbearance (if the same should be required): But could not prevail for any other answer, than that the Or∣der of Council must be pursued; so that if he had not the 2000 l. ready (which it was well known, was impossible for him to have) he must ex∣pect the severity of the Law, which he soon met with, and with such ag∣gravations, as that altho he had 170 l. Levied on the 5000 l. Judgment, as aforesaid, and put up his name in order to his going off the Island with his Family (to the end they might not be present to see that Estate destroyed, which with great Industry and frugality they had in 24 Years got together for their subsistance in their Old Age) yet was they denied a Ticket (tho underwrit by no Person whatsoever); and are kept on the Island in a man∣ner confined to their House; for that the said Provost Marshal came by Three in the Morning, with many Whites and Negroes, Armed with Pi∣stols and Swords, beset his Negroes Houses, and Cattel-Pens, brought Iron Croes to break open his Doors, seiz'd some of his Negroes, and car∣ried them away (refusing to give any account how many he had seized) took away all his Horses (only lent him one for a Day to ride to Mr. Steeed to desire Favour), which he did, but in vain; for the next day the Provost Marshal came again with Twenty Armed Men, and broke open his Doors, seized all his Sugars, Sugar Pots, Molosses, Drips, Provisions, Coppers, Stills, Coolers, Ladles, Skimmers, and all other his Moveables, also broke open his Storehouses in Bridg-Town, Seized all his Sugars there, and put a Guard into that, as well as made a Garrison of his House by leaving 6 Armed Men upon free quarter with him; the which he maintained as long as he had any Provision (that being also seized and

kept lock't up): So that altho there was great Quantity in his Storehouses, yet he had not for himself, Children, Servants, or Soldiers any part thereof; insomuch that one of his Negroes was brought home starved, and more like to follow: He also seized Hanson's Overseer, being a White, (the which he had train'd up to his Business, and entrusted with the Managery thereof) carried him to Prison, to Enforce him to discover where some of the Ne∣groes lay stragling abroad; kept him above a Month, and then sold him pri∣vately for 6 l. which was worth to him above 200 l. whereby he encouraged all his other Servants, not to obey any of his Commands.

THESE rigorous Proceedings begot such Pity in the Inhabitants of the Island, that among them they raised 1500 l. and lent it to Hanson, the which he offered to pay down, and the other 500 l. so fast as he should grind out his Sugar Canes, or could raise Money by Sale of his Sugars made, or to give him Bills of Exchange to London for the same; which offer was also refused, and his Negroes and Sugars sold, and he not suffer'd to sell the same to the best Advantage, tho he offer'd that Mr. Steed should receive the money himself, for which he should sell them: And such was the Cruelty used to him, and real design totally to Ruin him, (rather than the Zeal they had of getting the 2000 l. for the King;) that tho his Son offer'd 5 l. more for some few of his Negroes, than any other would give, yet would they not let him have them (for fear be should have lent or hired them to his Father) before he had given 14. l. Gratuity to Mr. Attorney General, and the Provost Marshal: The Molosses being about 90 Terces, they sold to a Gentleman, who tho he bought them cheap, let Hanson have them at the same rate, whereby he got 30 l. But for the Sugars, of which they seized about 90 Hogsheads, the greater part (if not all of them) were sold to Mr. Steeds Man, for 9 s. 2 d. per Cent. when as Hanson was offer'd for them 12 s. 6 d. per Cent. so that they were sold 3 s. 2 d. per Cent less than the Market price: and the Hanson and his Family wanted Food (and sent his Son to the Provost Marshal) he refused to send him the Keys of the Doors, wherein his Provisions, which were extended, were lockt up, and some of the Marshals men once drew upon him (and had wounded, if not kil'd him, had they not been prevented) only for speaking against their rigorous usages of his Father, which were so severe, that he was hindred from the working of his Crop, by which he might have made 100 l. a Week to∣wards payment of the King, which Crop was thereby like to have been spoilt on the Ground, and lost him 50 l. a Week, for some Weeks, for want of 3 or 4. Negroes to still out the Liquors, which he had ready in his Still-house. And after all this, tho they had seized and sold 108 Negroes, 46 Cattel, 90 Hogsheads of Sugar, and near as mamy Terces of Molosses, 3 Horses, and other Goods which would have raised much more than the 2000 l. penalty of Youngs Bond (which was all that can be pretended to be forfeited to the King) yet to keep him from coming over to complain of this manner of proceedings, (by which he hath been damnified above 2000 l. more;) the Attorney General has underwrit him for 5250 l. upon the Bond of 5000 l. penalty, given by him to Young, and for 200 l. for a new fine set upon him as followeth, and for 5000 Weight of Sugar, that is recovering against him, upon pretence of a Negro being want only kill'd by one of his Blacks when he was in England, (for which he had before paid double the Value,) on purpose to keep him a Prisoner on the Island, and prevent his coming over to seek for Relief from this most Honourable Board.

NEITHER is this all the Hardship that hath been inflicted upon him, and pretended to be done by Order of His Majesty in Council; which he is well assured was never by them designed or intended.

FOR the same Order that directed the suing Youngs Bond, is so drawn up,

as that that very Apeal which was heard in Council, and adjudged, for Hanson, is sent back to the same Court, for them to proceed to set a new Fine upon the Old Verdict, (from which he was discharged by Proclamation long before) by such Method as was appointed by the new Regulation, just then made by His Majesty in Council.

THE Original Indictment was only for entring upon a Wharf, and car∣rying off 14 great Guns of the Kings, 14 of the Islands, and 14 of a per∣sons unknown, worth in the whole, about 150 l. which was but a Trespass.

THE Court would not suffer Hansons Witnesses to be Examined, who could prove he bought the 12 Guns, in Question; the Jury thereupon by Verdict, found him and Burston only Guilty of a Fraudulent buying and selling 12 Guns belonging to one Rodrigus a Jew; a Verdict wholly differ∣ent from the Indictment.

SIR Richard without the Courts Consent and Concurrence, Fined him 150 l. and Burston 100 l.

THE Assembly Addrest to Sir Richard for Relief.

NEVER THELESS Hansons 150 l. was Levied (and 12 l. 8 s. for Fee, (which was illegal) and Burston Imprisoned till his 100 l. was pay'd.

THIS they would not Levy on Hansons Goods, or Lands, but upon Ne∣groes, whereby he was damnified 500 l. Whereupon

HANSON appealed to this most Honourable Board, as aforesaid, and was heard, the Fine adjudged to be erroneously set; but still is kept; and altho Hanson was discharg'd by Proclamation, as aforesaid, from the former In∣dictment,

YET have this new Court Erected, Ex post factum, without any new Information or Indictment prefer'd, or any Verdict, or summoning, or send∣ing for Hanson, or hearing him or his Council, or Witnesses, fined him 200 l. which is 50 l. more than formerly, and 150 l. more than the whole value of the 42 Guns (mention'd in the Original Indictment) and this done by the Governor and Council, whom the Governours always so influence, that it's now in the power of any Governor to ruin whom he pleases, the which mis∣chief hath hitherto been prevented by the Court setting the Fines.

A Scire Facias is Issued to Levy this 200 l. tho 162 l. thereof was levied formerly, and is still in the Governors possession.

THIS being the said Hanson's Case and a true State of his present Condition, he most Humbly lays himself and Cause, at your Maje∣sties Royal Feet, imploring Relief agreeable to Justice. And that the aforsaid several Sums of Money taken from him, may be restored; and that the like mischief to other His Majesties Subjects, may for the future be prevented; And the Island be thereby pre∣served from that Ruin, which inevitably will prove the Event of such rigorous proceedings against; and the making penal Bonds, gi∣ven to the Governour, forfeitable to the King upon every minute Breach of a Condition; for that no Persons will then be bound with any Master of a Ship, when he arrives there; consequently the Na∣vigation of the Island must be lost, and the Trade thereof destroyed, and His Majesties Revenue lost.

ALL which perticulars he shall be able to prove, if he may have a Commission to examine Witnesses, by indifferent Persons.

FINIS.

Notes

• July 12. 81.
• Sept. 17. 81. Sept. 19. 82. Sept. 20. 82.
• Sep. 21. 82.
• Nov. 1. 82.
• Nov. 2. 82.
• Nov. 2. 82.
• Nov. 5. 82.
• Nov. 7. 82.
• Nov. 8. 82.
• April 22. 82.
• May 22. 82.
• Nov. 28. 82.
• Feb. 22. 82.
• Feb. 82.
• Mar. 10. 82.
• Mar. 22. 82.
• July 20. 83.
• July 27. 83.
• Aug. 10. 83.
• Aug. 17. 83 Octob. 2. 83
• Octob. 9. 83.
• Octob. 26. 83.
• Nov. 7. 83.
• No new Proofs were ever yet admitted on an Appeal; to admit the same, were the only way to make an Inlet to all Perjury, a thing of dan∣gerous Consequence.
• Nov. 8. 83.
• Nov. 14. 83.
• Nov. 16. 83.
• Nov. 21. 83.
• Nov. 23. 83.
• Before Fines were set by Majority of Votes of the Judges and Justices pesent: But by this new Order, they were to be set by the Governour and Council, whom he always Governs.
• Nov. 30. 83. Decemb. 5.
• Dec. 19. 83.
• Jan. 9. 83
• Jan. 9. 83.
• Jan. 19. 83/4.
• Note, Whatever Cresset Writ was in kindness to Sir Richard, and prov'd to be truth: For the King and Council have declared that Judgement erroneous which Hanson complain∣ed of, and Cresset writ some of the Lords were of opinion would be reverst when the Cause came to hearing, therefore advis'd him to end the matter there, which was all the Letter.
• Feb. 2. 83/4.
• Feb. 6. 83/4.
• Mar. 1. 83/4.
• Mar. 13. 83/4.
• Mar. 22. 83/4.
• Mar. 29. 84.
• Apr. 10. 84.