Appeals to the Privy Council
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Report No. JAM_1680_00

Mingham v Martin

Jamaica 

Appellant’s case

Case of appellant (The Case of Captain Francis Mingham)

Counsel

Not signed

Note This printed case is the oldest that we have found. It antedates that in BAR_1714_04 by more than a generation.
Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/45 no. 59 f.238r–238v (Colonial Office, Commonwealth and Foreign and Commonwealth Offices)

TNA: CO 1/45 no. 59, page [1]

TNA: CO 1/45 no. 59, page [2]

Respondant’s case

Case of respondant (The Case of Sir Henry Morgan Lieutenant Governor and Thomas Martyn Receiver General of Jamaica)

Counsel

Not signed

Note This manuscript case is undated and was filed with CO 1 documents that date from 1682. It responds to Capt. Mingham’s printed case, point by point, and seems to be being referred to, and may have accompanied, Morgan’s letter of 12 Nov. 1680 to the Lords of Trade (CSP no. 1585). The document is headed: “The Case of Francis Mingham Master of the Pink Francis of London rightly stated in Answer to his Printed Case which is almost throughout Misrepresented.” The dorse corresponds to our description with the addition: “In Answer to Capt. Mingham’s printed case.”
Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/56 no. 146 f.262r–263v

TNA: CO 1/56 no. 146, page [1]

TNA: CO 1/56 no. 146, page [2]

TNA: CO 1/56 no. 146, page [3]

TNA: CO 1/56 no. 146, dorse

Other Documents

Declaration in Sir Henry Morgan versus Francis Mingham for libel in the petition presented to the PC

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/44 no. 30 f.72r–72v (This and the following two documents follow Morgan’s letter of 24 Feb 1680 to the Lords of Trade [CSP no 1304] as if they were attached to it They are not, however, the exemplification of the condemnation proceedings that is promised in that letter, but rather documents that relate to the action for scandal that Morgan and Martin brought against Mingham in the Grand Court of Jamaica late in 1679 They are referred to in Mingham’s printed case and may at one time have been attached to it The first two documents are in the style of a plea roll entry in the central royal courts at Westminster, but in English All three are difficult to read We have not transcribed them, but transcribing them would be worth the effort As it is, the contents of the allegedly scandalous petition may be found in fair copy in the PC register [PC 2/68/225], and the contents of the demurrer are summarized in Mingham’s printed case)

TNA: CO 1/44 no. 30 page [1]

TNA: CO 1/44 no. 30 page [2]

Other Documents

Demurrer of Mingham in Morgan v Mingham

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/44 no. 30 f.73r–73v

TNA: CO 1/44 no. 30 page [1]

TNA: CO 1/44 no. 30 page [2]

Other Documents

Reasons in support of Mingham’s motion in arrest of judgment in Morgan v Mingham

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/44 no. 30 f.74r–74v

TNA: CO 1/44 no. 30 page [1]

TNA: CO 1/44 no. 30 page [2]

Other Documents

Deposition of Samuel Harding, baker and citizen of London, practicing as a surgeon, in support of Dorothy Mingham’s petition, 18 June 1680

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/45 no. 17 f.144r–145v (Summarized in CSP no 1397 Deponent testifies to having served the petition on Morgan and Martin and describes the subsequent proceedings in Jamaica against Mingham)

TNA: CO 1/45 no. 17 page [1]

TNA: CO 1/45 no. 17 page [2]

TNA: CO 1/45 no. 17 page [3]

TNA: CO 1/45 no. 17 dorse

Other Documents

Deposition of Peter Bennett, master of the Francis, in support of Dorothy Mingham’s petition, 18 June 1680

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/45 no. 17 f.146r–147v (Summarized in CSP no 1398 Deponent testifies to the proceedings in Jamaica against Mingham and to returning the Francis to London without its captain)

TNA: CO 1/45 no. 17 page [1]

TNA: CO 1/45 no. 17 page [2]

TNA: CO 1/45 no. 17 page [3]

TNA: CO 1/45 no. 17 dorse

Other Documents

Answer of Thomas Martin to Mingham’s earlier petition (JAM_1679_00), received 7 July 1680

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/45 no. 39 f.184r–184v (Summarized in CSP no 1429)

TNA: CO 1/45 no. 39 page [1]

TNA: CO 1/45 no. 39 page [2]

Other Documents

Dorothy Mingham’s petition on behalf of her husband that he be released from prison in Jamaica and allowed to return to London to pursue his appeal

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/45 no. 60 f.240r–240v (The CSP dates this petition in square brackets to July of 1680, but it was read before the PC on 30 June of that year, and so must have been in existence by at least that date The documents said in the petition to be attached do not seem to be attached to the copy in CO 1, but they probably included the two depositions listed above)

TNA: CO 1/45 no. 60 page [1]

TNA: CO 1/45 no. 60 dorse

Other Documents

Deposition of Sir Charles Modyford, bart., 8 Nov. 1680

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/46 no. 37 f.84r–84v (Summarized in CSP no 1581 The deposition was taken before Sir Francis Watson, who is described as a judge of the Supreme Court of Jamaica Modyford testifies that a majority of the owners of the Francis, of whom he was one, did not support taking the appeal from the condemnation and that Morgan offered to settle the scandal case even after the judgment was rendered)

TNA: CO 1/46 no. 37 page [1]

TNA: CO 1/46 no. 37 page [2]

Other Documents

Petition of Francis Mingham, 9 March 1681

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/46 no. 107 f.231Br (Summarized in CSP no 40 This is the petition that ultimately results in the PC judgment in the case)

TNA: CO 1/46 no. 107 page [1]

Other Documents

Petition of Edward Yeomans, provost marshal of Jamaica, 6 April 1681

Library

The National Archives at Kew: (Colonial Office, Commonwealth and Foreign and Commonwealth Offices) CO 1/46 no. 116 f.249r (Summarized in CSP no 67 This is a petition for fees and expenses that Yeomans did not collect when he released Mingham at the order of the PC The final judgment of the PC orders that Morgan and Martin pay these fees)

TNA: CO 1/46 no. 116 page [1]

TNA: CO 1/46 no. 116 page [2] (Blank except for modern pencilled date)