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
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 therefore 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 because 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 declared Forfeited to the King FOR these and other reasons they pray'd the Informations might abate THE causes were continued till next Court. Mar. 1. 83 4. THE Plea in abatement was over-ruled Mar. 13. 83 4. and the Defendants ordered to plead next Court or Judgment to be awarded THEY all three Pleaded and in each of their Pleas Mar. 22. 83 4. 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 Mar. 29. 84. 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 Demurrer 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 directing 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 Apr. 10. 84. 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. YOVNG 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 bringing 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 Penalty 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 perswaded 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 proceedings 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 President were made and led in example he knows not However all Proceedings 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
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 towards 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 carrying off 14 great Guns of the Kings 14 of the Islands and 14 of a persons 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 different 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 Negroes 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 Indictment YET have this new Court Erected Ex post factum without any new Information or Indictment prefer'd or any Verdict or summoning or sending 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 mischief 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 Majesties 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 preserved from that Ruin which inevitably will prove the Event of such rigorous proceedings against and the making penal Bonds given 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 Navigation 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