Selected quad for the lemma: master_n
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A45503
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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.
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1684
(1684)
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Wing H664; ESTC R29468
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24,118
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19
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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
in Council TO which he received no other Answer than that he had his Appeal to His Majesty if he found himself aggrieved and was there properly relieveable THIS done and Hanson seeing no hopes of Relief he according to his promise set out Eleven Negroes and sent for the Provost Marshal to come and Levy the Fine who accordingly came and Attacht Appraised and Sold them for 171 l. of which the Fine and Charges as he alledged came to 162 l. 8 s. 8 d. The Remainder he paid back in London in 1683. and not before but detained 12 l. 8 s. 8. for Charges besides the 150 l. Fine which is contrary to Law AFTER this Hanson made several Applications to Sir Richard praying Favour to be heard in order to the Vindication of his Reputation not in the least regarding the Fine but only to preserve his Credit which being refused HE Appealed to His late Majesty of Ever Glorious Memory in Council April 12. 82. setting forth all the Matters aforesaid praying for Relief and that the Judgment aforesaid might be Revers'd WHICH Petition was referr'd to the Right Honourable the Lords Committee for Trade and Foreign Plantations to Examine the same and make their Report whose Lordships ORDERED a Copy to be sent Sir Richard May 22. 82. requiring him to answer the same without delay and to send over True Copies of all Proceedings in that Cause which accordingly he did do The Case upon the Second Appeal was HANSON designing for England to prosecute the aforemention'd Appeal had before the arrival of the Order of Council made for Sir Richard's answering thereunto put up his Name according to the Custom of that Island and was not under-writ by any person whatsoever tho the same was kept up about Six Weeks instead of the One and Twenty days required by the Law Therefore ought to have had a Ticket to have gone off the Island BY the same Ship that carried over that Order of Council Mr. Cresset of the Inner-Temple sent a Letter to Sir Richard wherein he writ him word That the Opinion of Council in the Law as also of some of the Lords of His Majesties most Honourable Privy Council was That the Judgment by him given in the Court of Grand Sessions as aforesaid was Erroneous and ought to be Revers'd Therefore advised him to compose the matter there without further Trouble to His Majesty Himself or Hanson THIS Letter he sent open to Mr. South Hanson's Agent in London desiring him first to read then to seal and send it away but not to enclose it to Hanson SOVTH took a Copy thereof which he sent to Hanson and the Original to Sir Richard THE Post-Master of that Island took Sir Richard's Letter with his own hands out of the Master of the Ship 's Bag and delivered it to his Butler HANSON having the Copy shew'd it to his Council they discoursing its Contents to others the same came to Sir Richard's Ears who being inraged against Hanson for Appealing and resolving to stay him on the Island and hinder his coming over to prosecute his Appeal HE sent the Provost Marshal to Summon him immediately to appear before him Oct. 24. 82. which he did but was no sooner admitted into his presence then saluted by the name of Rogue Rascal Villain Trayterous Villain threatned to be Whipt about the Streets set in the Pillory and his Ears to be cut off and sent in a Box to His Majesty for daring to Appeal to Him in Council without his leave after which he ask'd him if he had not received a Letter from one Cresset under his Cover directed to him Whereto he replied he had not nor knew any thing thereof otherways than that Mr. Cresset being his Sollicitor had Writ him word that he had sent such a Letter Upon which he called for a Bible and required him to take an Oath which he refusing to do till first he should know to what he was to be Sworn alledging That by the Law of England no Man was obliged to Swear against himself Sir Richard thereupon tendered the Oath a second time telling him he should Swear to answer all such Questions as should be askt of him which he refusing was committed to Prison till further Order without expressing in the Warrant any Cause of Commitment SOME days after Sir Richard sent the Provost Marshal the Warrant following which nevertheless bore the same Date with the former BARBADOES WHereas by a former Warrant bearing date the 24th instant Had he entred into such a Recognizance and come into England a Sessions might have been called and by his absence his Recognizance been forfeited and his Sureties been Ruined one Samuel Hanson of the said Island Planter was Committed to your Custody there to remain till further Order who you are hereby further required still to keep in safe and strict Custody not only for high Misdemeanours of detaining opening and divulging my Letter but likewise for exposing the Honour and Justice of some of the Lords of His Majesties Privy Council to the censure of the People until he hath first entred into Recognizance with two sufficient Sureties to be bound in the Sum of 10000 l. Sterl and to be taken before the Honourable Edwin Steed and Stephen Gascoyne Esquires for his Appearance at the next General Sessions of the Peace to be held for this Island there to Answer the Misdemeanours aforesaid And in the mean time the said Hanson to be of the Good Behaviour towards all his Majesties Leige People Given c. Oct. 25. 1682. Signed Richard Dutton To Geo. Hanna Esq SIR Richard Oct. 31. 82. in Council sent for Hanson where being brought in Custody it was ask'd of him whether he still resolved not to be Sworn To which he replied he did unless he might before his taking his Oath know to what he should be Examined whereupon Sir Richard told him he should Swear whether he had not received a Letter from Mr. Cresset under his Cover directed for him to which he positively answered that he did not Whereupon he called him Lying Rogue and declared to the Council he would prove him such to his face and for that purpose examined several Witnesses all of whom denyed their knowing any thing of the matter and the deputy-post-Deputy-Post-Master upon his Oath positively swore that he took Cresset's Letter out of the Master of the Ship 's Bag and delivered it himself to Sir Richard's Butler Then Hanson informed the Council that his Agent South had sent him a Copy of it which he produced and many of the Council knew it to be of South's Hand-writing And that being compared did agree with the Original and was detained from him by Sir Richard who then procured some of the Council to joyn with him in making an Order for remanding him back in Custody tho he offer'd to swear That he had never seen the Original Letter from Cresset and desired That Reasonable Bail might be taken offering 2000