THE CASE OF Samuel Hanson, Merchant and Planter in BARBADOES, Humbly offered and submitted to the Kings Most Excellent Majesty's Consideration, and Royal Determination in Council. THE said Hanson for 24 Years last passed, hath been an Inhabitant in Barbadoes, lived there under 14 several Governors, and Lieutenant-Governours, without having had the least Controversy or Contest with any one of them; he always behaved himself as a Loyal Subject to his King, and Dutiful Son of the Church, paying all the submission and respect imaginable to the Government he lived under: Neither had he in all that time any considerable Quarrel, Controversy or Contest with any of the Inhabitants of the same Island, except with one Gentleman; who having done him some Injury, of which he held himself obliged to acquaint the Assembly; They espousing his Interest, and doing him Right, he conceived thereupon such Anger, as put him upon contriving how to be even with him: To which purpose falling in with Sir Richard Dutton, Knt. at his first Arrival upon the said Island, he possessed him with prejudice against him, and prevailed to have him so used, as that he was forced in the Year 1682. to exhibit Three Appeals to His late Majesty of ever Glorious Memory, in Council, to be relieved against the Severity of Sir Richard's Proceed, and for Reversal of the Judgements by him pronounced against him. THE First, For Reversing a Judgement pronounced (contrary to Law and constant Usage) by Sir Richard in the Court of Grand Sessions, without the Concurrence or Consent of the Court, whereby he was Fined 150 l. Sterl. THE Second was, a Complaint of his being illegally committed to Prison, and detained there 5 Weeks without Cause, praying Damages for the same. THE Third, For an undue Seizure, Condemnation, and Sale of a Ship of his for 250 l. which cost him 1100 l. the Year before. The Case upon the 1st Appeal, was as followeth, ONE Anthony Rodrigus having 12 Iron Guns, 1679 worth about 4 l. a piece, lying on Gun-Wharf in Bridg Town, (which Wharf belonged to Mr. Scut, and Kendal, Merchants, and managed by one John Burston their Agent) He the said John Burston, SOLD the said Guns in the Presence of many Witnesses to Hanson, Mar. 25. 79. who the same day, in the Presence of several Persons, caused 6 of them to be publicly in the day time, shipped on Board the Ship Nathaniel, bound for New-England, in order to their being transported thither. RODRIGUS' missing these Guns, Mar. 26. 79. complained that they were stolen, and obtained a Warrant to search for them; and if found, to bring back the same; Hanson hearing of this, immediately caused them to be fetched on shore, and brought to the place from whence they were removed, and defrayed the Charge thereof; with which the said Rodrigus being well satisfied, did often desire Sir Jonathan Atkins (the then Governor) that no Person might receive Trouble, or be prosecuted for removing the same; notwithstanding whereof, Sir Jonathin Atkins being called home, and Sir Richard Dutton made Governor, WHICH was two Years and a half after the fact committed, Aug. 16. 81. an Indictment was preferred by the Attorney General, at the then General Sessions, against Hanson and Burston: The purport whereof was, for that they fraudulently and deceitfully designing Gain to themselves, had entered upon Gun Wharf, and carried away 14 great Guns of the Kings, 14 of of the Islands, and 14 belonging to Persons unknown, worth in all 150 l. ALL Evidence for the King being heard, and very material for Hanson and Burstod refused (on pretence they could not be Examined against his Majesty) the Jury notwithstanding the Information, found Hanson and Burston Guilty only of making a fraudulent Bargain in the buying and selling 12 Guns belonging to Rodrigus a Jew, and shipping them off as aforesaid. HANSON immediately moved in Arrest of Judgement, and offered sufficient Reasons in Law for granting the same: Which were as followeth, FIRST, That he was not found Guilty of the Fraud charged by the Indictment, to have been by him committed against the King or the Island, and no Person appeared to prosecute him for the pretended fraud committed against Rodrigus. SECONDLY, That the Indictments was for 42. great Guns, and the Verdict finds only a fraudulent buying and selling of 12 Guns, and mentions not whether great or small; therefore no certain Judgement could be given on that Verdict. NOTWITHSTANDING whereof Sir Richard being newly come to the Island, (consequently unacquainted with the Laws thereof) proceeded himself (against the Law and constant Usage of the Island) without the Concurrence or Consent of His Majesty's Council, Judges, and Justices then present) to fine Hanson 150 l. and Burston 100 l. in all 250, for shipping of 6 of the 12 Guns aforesaid, valued by the Owner but at 4 l. a piece, when as the Indictment valued the 42 Guns therein mentioned, but at 150 l. in all. THE General Assembly humbly addressed to Sir Richard, Oct. 5. 81. stating therein the Law of the Island to be, That no Fine could be imposed on any Criminal, by any Governor, without the Concurrence of the Council, Judges and Justices present at his Trial, prayed therefore a stay of Execution against Hanson and Burston, and a Preservation of their Laws. Notwithstanding which, A WRIT was awarded out of the Exchequer to summon Hanson to appear the 18th of that Month, Oct. 12. 81. and show cause why Execution should not issue against him: With which, HANSON being served, Oct. 14. 81. HE appeared, and prayed time to plead in Abatement of the Scire Facias, Octo. 18. 81. and had Ten days granted him for that purpose. HE put in a sufficient Plea in Law, for Abatement thereof; Nou. 8. 81. to which the Court gave no Answerduring its sitting; Nevertheless the same was overruled, Judgement Entered, Execution issued, and put into the Provost Marshal's Hand, for Levying the said 150 l. who immediately came to Hanson's House, Attached Ten Negroes, but left them behind till he could speak with him, and see if he would pay the Money; for which purpose he came again about Four days after, and demanded the said Negroes, but knew not their Names, nor where to find them; Nevertheless, he might then have Attached his Person, or Extended his House, Land or Goods; all which he refused to do, at that, and at all other times, when he came to Levy the said Fine. HANSON thereupon desired the Provost Marshal to forbear, till he could Petition the Council for a Writ of Error; promising, if he would so do, to give him no further Trouble; to which he consenting, HANSON Petitioned Sir Richard and the Council, for a Writ of Error, Dec. 13. 81. Assigning several Fatal ones; but Sir Richard would not suffer it to be read, declaring, the Council had nothing to do therewith. HE Petitioned Sir Richard alone for the same, praying stay of Execution, Dec. 16. 81. offering to give good Security to abide His Majesty's Determination 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 Attached, Appraised, and Sold them for 171 l. of which the Fine and Charges (as he alleged) 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 Judgement aforesaid might be Reversed. WHICH Petition was referred to the Right Honourable the Lord's 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 Proceed in that Cause, which accordingly he did do. The Case upon the Second Appeal, was: HANSON designing for England, to prosecute the aforementioned 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 underwit by any person whatsoever, though the same was kept up about Six Weeks, instead of the One and Twenty days required by the Law; Therefore aught 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 Majesty's most Honourable Privy Council, was, That the Judgement by him given in the Court of Grand Sessions, as aforesaid, was Erroneous, and aught to be Reversed: 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. SOUTH took a Copy thereof (which he sent to Hanson) and the Original to Sir Richard. THE Postmaster 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, showed it to his Council; they discoursing its Contents to others, the same came to Sir Richard's Ears, who being enraged 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, Traitorous Villain, threatened to be Whipped 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 asked 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 Solicitor, 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, alleging, 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 asked 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. BARBADOSS, WHereas by a former Warrant bearing date the 24th instant, Had he entered 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 Majesty's Privy Council to the censure of the People; until he hath first entered 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 Gascoigne 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 Majesty's Liege People: Given, etc. 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 asked 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 denied their knowing any thing of the matter; and the 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 Handwriting: 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 join with him in making an Order for remanding him back in Custody, though he offered to swear, That he had never seen the Original Letter from Cresset; and desired, That Reasonable Bail might be taken, offering 2000 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 threatened 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, merely to avoid the aforesaid ignominious Punishments, Nou. 28. 82. threatened 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 forced 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 shipped 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. entering his Ship from Ferdivando Po, gave Account of her Lading, and entered 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 Judgement 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 Judgement 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 expressed), he did (to make his abode on the Island more secure), cause the said Ship TO be Arrested, Nou. 1. 82. which was in time Six Weeks after her Arrival, and after she had been carrened, her Masts and Rigging taken on Shore and mended, and then carried on Board and set up again. HUGH Archer, Nou. 2. 82. Edwin Steed Esquire's Man, libelled her in the Admiralty Court, and grounded his Libel on a Clause contained in a Statute of 150. Caroli IId, Entitled an Act for Encouragement of Trade, which obliges all Masters bringing Ships to any the King's Plantations, to attend the Governor, 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, etc. Prayed 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; Nou. 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 prayed to be dismissed, as by the Record appears. THEY were cited to attend that Court on the 7th of that Month, Nou. 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 behalves, lest thereby they should incur the anger of Sir Richard. THE cause was called, Nou. 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 Judge) Condemned the said Ship with her Rigging, Nou. 8. 82. Tackle, Furniture and Goods. SHE was afterwards set up for Fourteen Days to be freighted for England with the King's Colours on board the Top Masts Head, but no Person on the Island would freight any Goods on board her. THE King's Colours were thereupon taken down, and the Ship, etc. 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. not 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 Governor. THIS Ship was thus illegally condemned, and Hanson denied the Benefit of the Law (being his Birthright); viz. a Trial by a Jury; which by the Statute on which the said Libel was grounded, is expressly 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 preferred, and upon the Reading thereof, April 22. 82. was referred 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 Proceed 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, Nou. 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 entered his Appearance at Council-Board, to show, That he did not fly from Justice, but to the Supreme 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, begged 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 Majesty's Determination; which Petition was also referred 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 referred 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 (though 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, prayed, 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 referred to some of the Judges at Common Law, and Judge 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 Judge 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 referred 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 replied 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 referred 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 Commit 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 alleged, 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 alleging, 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 (though obliged thereby to remain here from his Wife, Family and Estate, during that time), until coming out of the Council, Sir Richard threatened in the Lobby, to Indict and Outlaw him for Murder, and to hang him, if ever he came upon the Island, and to ruin his Estate, though 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 empower indifferent Persons to examine each Parties Witnesses in that Island. 3. THAT Mr. Steed, Mr. Davis, and Mr. Newton, alleged 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 referred 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 Lord's Committee made a Report to His Majesty in Council; Wherein, Nou. 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, Nou. 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. Nou. 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, Nou. 16. 83. and thereby confuted all the scandalous Matter therein contained, submitted his Case wholly to His late Majesty's Royal Consideration, and prayed, FIRST, Liberty to proceed at Law as aforesaid, 2. THAT a Commission might issue to empower indifferent persons to examine Witnesses in Barbadoes, as before he had prayed (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 annexed several Articles of High Misdemeanour 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 Come 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 dismissed. 3. THAT Mr. Attorney General, and Mr. Graham, on his Majesty's behalf should take effectual Care to assist Sir Richard in the Suits prosecuted against him by Hanson. Nou. 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 Board's Justice. 2. NEITHER did or would he wave the same. 3. THAT he would always submit any Cause of his to His Majesty's Royal Determination, so as the same could properly come before Him in Judgement; 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 concerned Sir Richard alone; a thing without Precedent, 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 Governor, unless appointed thereto. 2. BECAUSE the Order aforesaid, which seemed to leave Hanson to his Election, was so penned, 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 Majesty's 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 Solicitor had offered him after the first hearing about the fine, though not a Fifth Part of his Damages, rather than to have any further Contest or Trouble. 3. TO stay all Proceed 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 Proceed 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 Reason's aforesaid, Nou. 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 Ordered. FIRST, That Hansons' two latter Apeals be dismissed. 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 Governor 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 Judgement thereupon in that Island according to His Majesty's new Regulation then made. 3dly, CAPTAIN young's Bond of 2000 l. penalty, to be put in Suit by His Majesty's 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. Nou. 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 referred to the Lords Committee aforesaid. HANSON by Petition, Dec. 19 83. Humbly offered 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 choose 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 Richard's 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 fallacious. 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 Controversy he had, to His Majesty's 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 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 offered 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 proceed relating to any of the matters therein contained in the mean time stayed, 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 offered 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 offered 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 Proceed 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; offered to carry him over with him in the Diamond Frigate, and professed that nothing of former Differences should be remembered, but be utterly forgotten, as if they had never been: But advised 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 though 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 Judgement; yet would he put a stop to all further Proceed, 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 Richard's invited Sir Richard to a Treat, and there gave order to stop all Proceed 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 offered 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 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 Colonel Edwin Steed chief Baron of His Majesty's Court of Exchequer, for trying the Cause upon the aforesaid Capt. Richard Young's 2000 l Bond, to which Court RICHARD SEAWELL Esq; His Majesty's 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 Majesty's name, and on his behalf prosecuted; but the Bond was entered 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 jointly and severally bound to the said Sir Richard Dutton, Governor 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 proved 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 reversed when the Cause came to hearing, therefore advised him to end the matter there, which was all the Letter. Young carried off Samuel Hanson a Planter and Resident on the Island, without a Ticket, which Hanson was then a Prisoner for Crimes and Misdemeanours committed against His Majesty, contained in an Order of the Governor 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, Solicitor, 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 Majesty's Government) and ordered to remain in custody till with sufficient Sureties he should enter into a Recognizance of 10000 l. before three of His Majesty's Council, to answer the same, and other misdemeanours committed. IT also recites, That Hanson appeared that day before the Council, and upon Examination, denied 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 confessed he had shown, or read to three persons, or suffered them to read it; for which and other misdemeanours 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 Secretary's 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 entering 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 aggrieved by the carrying off any Person contrary to the form of the Act, which Implies the Governors by that Act are only made trusties 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 cannot Assign the King's Debt to any Person, Especially if not Creditors of the Kings. 4. If it should be alleged 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 judge, whereby the Defendants are outed of their Appeal granted by an Act of the Island, Entitled, 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, than the Pledges to answer. 7. THEY say, taking such Bonds by any Person for the use of the King, is expressly 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, etc. 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 alleged 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 lie, than Judgmeet would be entered for 2000 l. and no relief against the entire penalty to be had, though the Damages designed by the Act to be made good, should not amount to a 20th part thereof, which would be a grievance expressly 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 expressly provided for by the Act for settling the Court of Common Pleas, for that being a Court Inferior to this high Court, cannot be appealed to, from any Judgement given here; so that they must be left without any Adjustment of the Damages, which by the Law 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 Established; 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 Commerce 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 prayed the Informations might abate. THE causes were continued till next Court. Mar. 1. 83/ 4. THE Plea in abatement was overruled, Mar. 13. 83/ 4. and the Defendants ordered to plead next Court, or Judgement to be awarded. THEY all three Pleaded, and in each of their Pleas, Mar. 22. 83/ 4. recited the Act which empowers the Governor to take such Bonds; and averred, that the King ought not to have Judgement. 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 person's 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 Averred, 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, alleged, 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 demurred in Law, and prayed Judgement, and for Cause of Demurrer said. THAT the Defendants alleged 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 prayed Judgement 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, o'er Tenus he prayed Judgement of the said 2000 l. for the King, against each of them. THE same day the Defendants were obliged to join in Demurrer. JUDGEMENT 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 Demurred, and the Demurrer allowed by the Court. YOUNG 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 (though Hanson was in England) that Court forced his Attorneys to appear for him (howbeit their Letters of Attorney had been absolutely revoked above twelve Months before) and notwithstanding a sufficient Plea was by them put in on Hansons' behalf, yet was Judgement most irrigularly given against him for the whole Penalty of that Bond; and Copies of the Proceed thereupon are denied him to this day. HANSON being in London, and hearing of these Proceed (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 on Shore, and suffered 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 Majesty's Hand before his Departure, he persuaded him by all means to proceed on his Voyage assuring him that he was confident, that when Sir Richard should arrive on the Island, all proceed against him would be stopped, 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 Precedent were made and led in example, he knows not. However all Proceed were stopped until in return of Sir Richard's Letter, an Order of Council was sent to Levy 2000 l. upon the Judgement 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 Majesty's 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 Council; FIRST, Prayed the Liberty to bring his Appeal, and offered to give 10000 l. Security to abide such Order of his Majesty in Council as should be made upon the hearing thereof, and to pay the Money in London, if not relieved by that most Honourable Board; this Sir Richard denied, assuring him he had nothing to do therewith, but referred him to Mr Steed, who declared the same, adding that he was not otherways concerned than to receive and return the Money, when Levied and paid to him. HANSON then used all means possible to get the money rather than to suffer his Plantation of 2000 l. per annum, to be destroyed; and so far prevailed, as that he was able, and offered to pay 500 l. in one Month, 500 l. three Months after, and the other 1000 l. so soon as he could grind out his Sugar Canes, or sell what he had ready made; which Proposition was also rejected. AFTER this he offered to assign Judgements, which he had from able Men on the Island, for the 2000 l. demanded, and prayed aid in recovering the same for his Majesties Use; the which would by no means be complied with; but the whole Money insisted upon to be laid down, (which was impossible for him to procure in so short a time): Hanson to show his readiness to comply (so far as it was in his Power) with the Order of His Majesty and Council, offered to pay the said Sum as fast as he could raise the same by sale of his Sugars and Molosses then made, and what he was to grind out of his present Crop; provided he might have leave to sell his Goods to the best Advantage, and Mr. Steed to receive all the Money they should be sold for, and he not to intermeddle with one Penny, till the 2000 l. should be fully paid; this Favour was also denied him. THESE and many other Propositions having been made and rejected, Hanson had no more to do, than to wait the Event of the Fury designed against him, which he soon felt: For without any manner of Respite given him, GEORGE HANNA Esquire, Provost Marshal, having Execution against Young and his Sureties for Three Two Thousand Pounds, in all 6000 l. and against Hanson upon his Bond to Young for 5000 l. which Young's Sureties (after Levying 170 l. or thereabouts, by seizing and selling 17 Head of great Cattle, 4 Negroes, 1 Horse, and 6 Sheep), had assigned to the King for the satisfaction of the 2000 l. a piece, recovered against them as Sureties for Young: Came to the said Hanson and demanded the same, together with about 700 l. for the Fees for Levying thereof; which not being paid, he immediately extended (not his Houses and Lands, which he might have done to a far greater value than the 2000 l. penalty of the Bond, but) his Negroes, , Horses, Sheep, Coppers, Stills, Movables of his Windmills, and even the Tiles of his Houses, which to have taken away to the Value of 1000 l. would have rendered that Plantation (than worth 2000 l. per annum) not to be worth 10 l. per annum: Of this also the said Hanson complained, and humbly prayed that a stop might be put to such rigorous Proceed, desiring only leave to sell his Estate entire, on giving security that he would pay out of the first money raised by such sale, not only the said 2000 l. but Interest, Damages, and Charges for the forbearance (if the same should be required): But could not prevail for any other answer, than that the Order of Council must be pursued; so that if he had not the 2000 l. ready (which it was well known, was impossible for him to have) he must expect the severity of the Law, which he soon met with, and with such aggravations, as that although he had 170 l. Levied on the 5000 l. Judgement, as aforesaid, and put up his name in order to his going off the Island with his Family (to the end they might not be present to see that Estate destroyed, which with great Industry and frugality they had in 24 Years got together for their subsistence in their Old Age) yet was they denied a Ticket (though underwit by no Person whatsoever); and are kept on the Island in a manner confined to their House; for that the said Provost Marshal came by Three in the Morning, with many Whites and Negro, Armed with Pistols and Swords, beset his Negro's Houses, and Cattel-Pens, brought Iron Crows to break open his Doors, seized some of his Negroes, and carried them away (refusing to give any account how many he had seized) took away all his Horses (only lent him one for a Day to ride to Mr. Steeed to desire Favour), which he did, but in vain; for the next day the Provost Marshal came again with Twenty Armed Men, and broke open his Doors, seized all his Sugars, Sugar Pots, Molosses, Drips, Provisions, Coppers, Stills, Coolers, Ladles, Skimmers, and all other his Movables, also broke open his Storehouses in Bridg-Town, Seized all his Sugars there, and put a Guard into that, as well as made a Garrison of his House by leaving 6 Armed Men upon free quarter with him; the which he maintained as long as he had any Provision (that being also seized and kept locked up): So that although there was great Quantity in his Storehouses, yet he had not for himself, Children, Servants, or Soldiers any part thereof; insomuch that one of his Negroes was brought home starved, and more like to follow: He also seized Hanson's Overseer, being a White, (the which he had trained up to his Business, and entrusted with the Managery thereof) carried him to Prison, to Enforce him to discover where some of the Negroes lay straggling abroad; kept him above a Month, and then sold him privately for 6 l. which was worth to him above 200 l. whereby he encouraged all his other Servants, not to obey any of his Commands. THESE rigorous Proceed begot such Pity in the Inhabitants of the Island, that among them they raised 1500 l. and lent it to Hanson, the which he offered to pay down, and the other 500 l. so fast as he should grind out his Sugar Canes, or could raise Money by Sale of his Sugars made, or to give him Bills of Exchange to London for the same; which offer was also refused, and his Negroes and Sugars sold, and he not suffered to sell the same to the best Advantage, though he offered that Mr. Steed should receive the money himself, for which he should sell them: And such was the Cruelty used to him, and real design totally to Ruin him, (rather than the Zeal they had of getting the 2000 l. for the King;) that though his Son offered 5 l. more for some few of his Negroes, than any other would give, yet would they not let him have them (for fear be should have lent or hired them to his Father) before he had given 14. l. Gratuity to Mr. Attorney General, and the Provost Marshal: The Molosses being about 90 Terces, they sold to a Gentleman, who though 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 offered 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 locked up, and some of the Marshal's men once drew upon him (and had wounded, if not killed him, had they not been prevented) only for speaking against their rigorous usages of his Father, which were so severe, that he was hindered 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 spoiled 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, though they had seized and sold 108 Negroes, 46 , 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 young's 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 proceed, (by which he hath been damnified above 2000 l. more;) the Attorney General has underwit 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 killed 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 young's 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 entering 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 Addressed 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 paid. 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 although Hanson was discharged by Proclamation, as aforesaid, from the former Indictment, YET have this new Court Erected, Ex post factum, without any new Information or Indictment preferred, 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 (mentioned in the Original Indictment) and this done by the Governor and Council, whom the Governors 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. though 162 l. thereof was levied formerly, and is still in the Governor's 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 Majesty's Royal Feet, imploring Relief agreeable to Justice. And that the v several Sums of Money taken from him, may be restored; and that the like mischief to other His Majesty's 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 proceed against; and the making penal Bonds, given to the Governor, 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 Majesty's Revenue lost. ALL which particulars he shall be able to prove, if he may have a Commission to examine Witnesses, by indifferent Persons. FINIS.