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
in Suit by His Majesties Attorney General for bringing Hanson over without a Ticket 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 Nov. 30. 83. Decemb. 5. HE put in his Answer full of scandalous Reflections upon the said Hanson 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 Dec. 19. 83. Humbly offer'd several reasons against the severity 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 Council 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 Jan. 9. 83 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 falacious 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 Controversie he had to His Majesties Royal Pleasure and Determination at that most Honourable Board so as the same might come before him without being prejudiced by Sir Richard and his Council their having the Examination 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 before 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 Condemnnation 2d THAT he had never chose to go to Law when left to his Election 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 Jan. 9. 83. 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 Composure 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 Prosecution 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 Examined as a Witness against him in Council TO which Proposition Sir Richard readily consented faithfully promised 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 Proceedings and take care that no Prejudice should come to Young and his Sureties 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 Hanson 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 aforesaid Capt. Richard Young's 2000 l Bond to which Court RICHARD SEAWELL Esq His Majesties Attorney General Jan. 19. 83 4. came and exhibited three several Informations one against Young the other two against each of his Sureties Matthew Haviland and John Fowler these Informations were in His Majesties name and on his behalf prosecuted but the Bond was entred into to Sir Richard Dutton and never by him assigned to the King The Information sets forth That on September 18. 1682. Young Haviland and Fowler became joyntly and severally bound to the said Sir Richard Dutton Governour of Barbadoes in a Bond of 2000 l. penalty conditioned 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 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 complained 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 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 contained 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 traduced 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 misdemeanours 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 aforesaid but confessed he received a Copy thereof from one South his Correspondent 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 suffered 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 Judgement for the same Young Haviland and Fowler by Council appeared prayed time to plead Feb. 2. 83 4. and had till the Thursday following given for that purpose THEY all Three pleaded severally Feb. 6. 83 4. 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 carried 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 Optima 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 before exhibited an Information against Young the Principal for the said 2000 l. supposed due to the King which they conceived amounted to a Prior Information 6. THEY insisted that they ought not to be charged in that Court till return 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 prohibited 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 against the Letter of the Law and contrary to the constant practice of recovering Damages upon the said Statute 12. THEY add that by this method of proceedure they should be deprived of the benefit of their Appeals expresly provided for by the Act for setling 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