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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45503 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. 1684 (1684) Wing H664; ESTC R29468 24,118 19

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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