Nov. 28. 82. bound for England who had the 11th of September 1682. with Two Sureties given Bond of 2000. l. to Sir Richard Conditioned among other things Not to carry any Person from off the Island without a Ticket HE arrived in London Feb. 22. 82. and immediately entred his Appearance at Council-Board to shew That he did not fly from Justice but to the Supream Fountain thereof for Relief against the highest Oppression that perhaps ever was put upon an Innocent Subject HE exhibited his Second Petition of Appeal Feb. 82. relating to his illegal Imprisonment 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 Appeal relating to the Ship to be brought in within Fourteen Days Accordingly THE said Appeal was put in and referr'd to the same Committee Mar. 10. 82. whose Lordships having all Three Causes before them did ORDER the hearing of the First Cause to be put off till Sir Richard's arrival in England tho his Answer and Copies of Records were then all before them and the Cause ready for hearing and also Ordered Mar. 22. 82. That Sir Richard 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 July 20. 83. 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 July 27. 83. 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 Aug. 10. 83. both which were full of scandalous 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 Aug. 17. 83 Octob. 2. 83 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 concurrence 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 present 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 Octob. 9. 83. 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 before 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 Mingham to proceed at Law for the same and took off Sir Henry Morgan's Protection Whereupon HANSON Petitioned His late Majesty in Council Octob. 26. 83. 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 indifferent Persons to examine each Parties Witnesses in that Island 3. THAT Mr. Steed Mr. Davis and Mr. Newton alledged by Sir Richard 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 thereto before their Lordships with which Order their Lordships were attended 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 Nov. 7. 83. FIRST They offered as their Opinion that the Fine of 150 l. 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 dangerous Consequence was irregularly 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 Hanson 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 Nov. 8. 83. 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 Nov. 14. 83. SIR Richard petitioned his Majesty in Council a Copy whereof was ordered to Hanson and he required to Answer the same on the 16th of that Month. HANSON put in his Answer thereto Nov. 16. 83. and thereby confuted all the scandalous Matter therein contained submitted his Case wholly to His late Majesties 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 Evidence 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 Nov. 21. 83. 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 hearing of the Causes before any proceeding at Law but that FIRST Sir Richard and the Council in Barbadoes were not only appointed 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 Witnesses Testimony for that none of them would dare to come before Sir Richard 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 immediately 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 designed 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 Richard to any Person of Honour or known Honesty even to the nearest Relation 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 declared 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 Nov. 23. 83. 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 Orderd FIRST That Hansons two latter Apeals be dismist SECONDLY That his first about the 150 l. fine 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 should be transmitted into Barbadoes and a new fine be set upon him in pursuance of that former 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
l. But nothing less would serve than Bail of 10000 l. which he not being able to procure by reason of Sir Richard's high displeasure was hurried back to Gaol where he remained in all about Five Weeks to his great damage in which time his Health being much impaired and he threatned by one Gleab Sir Richard's Secretary and Kinsman That he would cut off his Ears with his own hands and rip up his Bowels if Sir Richard would command him adding That he believed it no more sin so to do than to kill a Dog or words to that effect THE said Hanson meerly to avoid the aforesaid ignominious Punishments Nov. 28. 82. threatned to be inflicted upon him got out of Prison in the Night and went on Board an Old Ship then bound for England in which he came in the dead of Winter without any Provision was forc't to leave his Wife and Children with about Three Hundred Servants and a Plantation worth about 2000 l. behind him as also a Cargo of Goods which he then had ready of his own to have shipt on Board the Ship called The Berkshire of which he himself was Owner and in which he intended to have gone off from the Island had he not been prevented by an illegal Seizure Condemnation and Sale made thereof which leads to the Ground of the Third Appeal to wit The Case upon the Third Appeal THE said Ship was bought by the Appellant's Agent July 12. 81. for his use in London 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 Sept. 17. 81. Sept. 19. 82. Sept. 20. 82. 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 laden 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. belonging 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 Sep. 21. 82. entring his Ship from Ferdiuando Po gave Account 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 Nov. 1. 82. which was in time Six Weeks after her Arrival and after she had been carren'd her Masts and Rigging taken on Shore and mended and then carried on Board and set up again HVGH Archer Nov. 2. 82. 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 Governour 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 Merchandizes and that all was landed before Sir Richard was attended which forfeited 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 Nov. 2. 82. 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 Nov. 5. 82. 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 Nov. 7. 82. the Proofs Libel and Demurrer read but none appearing for Hanson the Provost Marshal informing the Court that he together 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 Nov. 8. 82. 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. appraized 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 believed 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 Governour 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 Equity and Justice THE first Appeal was preferr'd and upon the Reading thereof April 22. 82. was referr'd to the Right Honourable the Lords Committee for Trade and Plantations whose Lordships ORDERED Sir Richard a Copy thereof May 22. 82. and to put in his Answer thereto 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