How long were you in the island?-Almost nine years. Did you know Mr. Fabrigas ?—Yes. Did you know Mr. Fabrigas's situation in the island?-He lived very genteel in St. Phillip's. Did he live in the same state as the principal inhabitants of St. Phillip's?-Yes, as much so as any man in St. Phillip's. Do you remember any thing of bis being imprisoned?—I saw him brought to the prison. In what manner was he brought?-By a file of men. Were his hands bound?-I cannot say. Serj. Davy. I admit that he was with his bands bound, as the first witness said, and that he was kept in prison by order of the governor. Mr. Peckham. Do you admit that he was band-cuffed? Serj. Davy. Yes, that he was hand-cuffed, and kept in the way described by the former witness. Q. Was be kept hand-cuffed in prison ?—A. I believe not. What sort of a place is this prison?-It is set apart for capital punishments, for prisoners that are under sentence of death. Is it a prison dug out of a rock?-It is a subterraneous place in the body of the castle. Is it under ground?-No, under the top of the castle. Is it a ground floor?-A ground floor, I believe. This being the prison, and you standing there to guard him, do you remember any of his children coming to see him?-I saw his son the first day he was confined there, a boy about 15, come to see him. What did he come for ?-He had some provisions in a basket. Did he apply to you, that those provisions might be given to his father?-He applied to the regiment then upon duty to give them to his father, but was denied. Serj. Davy. I admit he was sent hand-cuffed to the prison, as described by the former witDess: I meant to include the matters of belief as well as matters of knowledge. Court. For my part, I like to hear the evidence in any case, to know the truth, and then we bave no squabbles afterwards. John Craig sworn. Examined by Mr. Serjeant Glynn. What are you?-A matross. Was you in the island of Minorca in 1771? -Yes. Do you remember whether people were admitted to see him?-I am sure there were none admitted to see him. Do you know whether any person came to see him that was refused? I know his wife and children came, and they were refused. Do you know of his being taken out of the prison ?—I saw him put on board a ship in the harbour. How many days after his first imprisonment?-I am not certain of the days. About what number of days was he in confinement?-Five or six days, to the best of my knowledge. In what manner was he taken out of prison, and put on board a ship?-I happened to be down at the quay, and saw him put on board a boat, to be taken to the vessel. What time was this?-Early in the morning, I am not sure to the time, but to the best of my knowledge I think between three and four in the morning. Had he any time allowed him on shore?No, he was hurried on board; his wife and family were coming down to speak to him, and the soldiers kept them off, and would not let them. I wanted to speak to him myself, and the soldiers would not let me. You saw his wife and children come to him, do you remember whether they brought any thing for him?—I think they had some bedding, to see if they could get it on board the ship he was going to, and it was turned back again, they would not allow any thing to come to him; he was put on board a boat and taken into a ship which was laying in the harbour there, the ship was under sail. Serj. Davy. I admit he was banished to Carthagena. Coun. for the Plaintiff. You admit he was banished by governor Mostyn for a year? Serj. Davy. Yes, I do. Colonel John Biddulph sworn. Examined by Mr. Lee. Q. You are an officer in the regiment that was at Minorca ?-A. I was not in Minorca at the time this matter passed. But you have been at Minorca ?—Yes. Did you know Mr. Fabrigas ?—Yes; I knew him from the time I arrived in the island until I left it. When did you arrive there?-I think in the year 1763, about May or June, and stayed about eight years. When you knew Mr. Fabrigas, in what conDo you know Mr. Fabrigas?—Yes. dition and circumstances was he?-He seemed How long have you been in Minorca ? to me to be of the second sort of people in the Pretty nigh nine years. What condition was Mr. Fabrigas in?-In very good circumstances there; he is reckoned one of the best in circumstances in the island: Do you remember the time when he was in the dungeon there?-Very well. island; he had some vineyards and some houses, and some property, and was received not as of the first quality, but as a gentleman; he was esteemed a man of property: I should call him a gentleman farmer. While you knew him what character did he You did not do any duty upon him, I sup-bear? or how did he behave himself, as far as pose?-Yes, I did. VOL. XX. you Н had an opportunity of observing ?-As far as I could observe, he behaved very well, and had a very good character. I used to employ him in getting wine for me, and other things the island produced, because I had a family; and often he was very useful to me in procuring things at a reasonable price. When I was at Citadella, at the other end of the island, he came there, and was with some of the better kind of people; he was always with a don Vigo, or a don Sanchio, who were reckoned the principal people of the place; they are nobles in that island. While you knew him, I ask you what was his behaviour? Did he behave like a peaceable subject, or like an unruly and factious one?He always behaved with very great decency and decorum. Cross-examined by Serj. Burland. Q. Do you know whether he was a man of property in the island ?-A. As far as I understand he was, but it is impossible for me to say positively; he was reported such. He had a father living?—I believe he had, an old man. You do not know whether it was his own property or not ?-It seemed to be his. He conversed with the two noblemen you mentioned ?—Yes; he was at their houses as a gentleman. Did you use to visit at his house?-I have been there. Did you ever dine or sup with him?-I think 1 dined with him once. Court. The gentlemen suggest, but you don't mean to make a distinction between the classes there?-A. I do make a great distinction. Q. What promotion has general Mostyn in the army at this time?—A. He is a lieutenant general, and commander in chief of the island of Minorca. Has he any military promotion at home? has he any regiment?—Yes. What regiment is it ?—I don't recollect the number; it is a regiment of dragoons. Do you know of any office that the general has about his majesty's person, any place at court?-I don't recollect it; I believe he has. Serj. Glynn. My lord, we have done for the plaintiff. Serj. Davy for the defendant. May it please your lordship, and you, gentlemen of the jury, I am of counsel in this cause for the defendant, general Mostyn, who is charged with a misbehaviour towards the plaintiff, in the defendant's capacity, as governor of this island; the plaintiff, Fabrigas, being a subject of the crown of England, a native of that island, a Minorquin by birth, and living in the town of St. Phillip's, (there is a reason why his residence in the town of St. Phillip's is, in my apprehension, material, for some matters which I shall trouble you with before I sit down.) The defendant was appointed governor of the island of Minorca on the 2nd of March, 1768. His predecessor was governor Johnston, whose prede cessor was general Blakeney. So far I am able to trace back the governors of this island, whom the questions before you have any sort of relation to; and any further is unnecessary. I don't know whether it may be new to any of you, gentlemen, to inform you, most probably not, the history of your country will tell you, that this island of Minorca, whose situation is in the Mediterranean, and which is of extreme use in the protection of the Mediterranean trade, was taken in queen Anne's wars from the crown of Spain, and was ceded by that crown to Great Britain, by the treaty of Utrecht in 1713: that upon the ceding of that island, the condition annexed was a requisition on the part of Spain, which was acceded to on the part of Great Britain, that the inhabitants of this island of Minorca should continue in the free exercise of the Roman Catholic religion, which could be no farther than was consonant to the laws of Great Britain. For whereas the laws of Great Britain will not allow the pope's bulls, excommunication from the court of Rome, the inquisition, and some other matters of that sort; therefore a free exercise of the Roman Catholic religion was not with the exercise of any powers in the bishop of Rome, but what were acknowledged by the laws of Great Britain. They had only the free exercise of their religion, as Roman Catholics. All other rights which they had, and all laws by which they were to be governed, were to be given to them by the king of England. He was to establish what code of laws he thought proper in that country. They were to be subject either to civil jurisdiction of particular sorts, or military, or whatever sort the king of England pleased. They were a conquered people, a conquered island, and no terms were annexed to that treaty of Utrecht, but only the exercise of the Roman Roman Catholic religion. The king was to appoint his governor of the island, to govern them by such laws as he thought proper to direct; an arbitrary despotic government, or a qualified government, or whatever government, under whatever sort of magistrates, or whatever order the crown of England should think proper. There is a manifest and very wide distinction, to be sure, between a Minorquin by birth (I don't speak of an Englishman that goes over there), and the case of an Englishman: I just mention these things, which will be very proper for your consideration throughout the progress of the several facts I shall mention in this cause. They are, in my humble apprehension, essentially necessary to your consideration. Some time after these people (I don't know exactly the date of it) bad become subject to the crown of England; after 1713 they petitioned for a confirmation of the usages and customs of Spain, and to be governed by the laws of Spain, as they had been used to be before: and that was granted, so far as the wisdom of the crown thought proper to grant; and there were certain regulations, which I will take notice of by-and-by. Many regulations were made from time to time occa buy our goods, or not, does not suit an English genius, the genius of the English law. This is an order made by the king in council, in the year 1752. That order of council, and some other provisions that were made by that order, occasioned some uneasiness and misapprehension; therefore another order of council was made the following year, the 10th of August, 1753, which you will in the course of the evidence have read to you. There are some matters in it I will trouble you with. It was made upon the consideration of several papers transmitted from Minorca by general Blakeney, who was governor at that time. Several things were advised by the privy council. Among the rest, I shall just extract a few things. With respect of the first article in the civil branch, relating to the making the afforations, about which great complaints have been exhibited, that the governor be instructed to require the sionally, by the crown of Great Britain, for the internal police of the island. Gentlemen, I should inform you too, that the island of Minorca consists of five separate divisions or districts. In four of these they have magistrates annually elected. In the fifth, which is called the arraval of St. Phillip's, which is the fort of the island and its security, there the particular district which is just the suburbs, which takes in the town of St. Phillip's adjoining close to the foot of the citadel, that district is under the immediate government of the governor of the island appointed by the crown. There are no jurats, which the common name of the magistrates in the other divisions, who are elected by the people; but the proper officer for the police of the arraval is appointed by the governor himself, and I think his title is mustastaph: he is the officer appointed by the governor of the island. There is an extreme necessity, that more particular care should be taken in the re-jurats of the several terminos in the island, at gulation of the police of that part of the island which is immediately contiguous to the fort of St. Phillip's, and where there is a perpetual garrison, for the sake of preserving military discipline. A law of this island, amongst others which is necessary to mention to you, because the history of the transaction bas immediate respect to it, is, that the jurats in the several parts of the island in the four other districts of the island, and the mustastaph in the arraval of St. Phillip's, which is the fifth dependent district under the immediate dependence and govern ment of the governor himself, set a price, and value, and measure, upon the several commoities. I don't know whether it includes all commodities, but wine, and corn, and other things, which they call the afforation, that is the aze, or price to be paid, upon commodities to be sold. Gentlemen, in the year 1752, (the date bere is material,) there was a regulation appointed by, the crown, made by the king in Council. I extract that part of it that regards the present question; that is, that the jurats of all the universities (now universities are the districts, and you see there are no jurats of any universities, but these four districts and universities are synonymous terms) that the 'jerats of all the universities be left at full *iberty, without the intervention of the com*mandant, or any other of the royal officers, to make the afforations, and settle the assize and prices of all manner of corn, and all man'ner of provisions, the produce of the island; * and also the prices of corn imported into the island, and bought by the universities for the good of the public; and that the natives and ⚫ the inhabitants be at all times permitted to sell the same at or under the afforation, without *any intervention of the governor or secretaries, or any other person or persons acting under his authority. You see, gentlemen, that this order of council imports, that these people are under the absolute despotism, if I may so say, of the crown of Great Britain, because this is is a language that we in this country are not acquainted with, Whether to sell or all proper times and seasons, to make the same afforations: and in case the said jurats should refuse or neglect to comply with his command therein, that then the said governor be authorised to make the said afforations himself: but due care is to be taken, that the said afforations be made equal and general, as to all the things and persons subject to the said afforations, as well as at all proper seasons. This word 'seasons' will have some meaning by-and-by. Then they go on with a great many regulations. Amongst the rest is, advis ing the king for the future, by his letters patent under the seal of Great Britain, to authorise the governor, or in his absence the lieutenant-governor, or commander in chief for the time being, to exercise the power of civil government, as well as those of the military, taking care to preserve the one separate and distinct from the other: and that they should receive all this power, but that they should be subject nevertheless to such instructions as should be given by his majesty. He is to govern according to these directions contained in the letters patent, as also to such instructions as shall be given to him by the king. Then, among other things, here is a direction, and this is very material: you see, it mentions some confusions that have arisen in respect to the regulations made before in 1752: that it may be proper for the governor to endeavour to make the inhabitants sensible of the great happiness they enjoy under the king's protection and government, and to shew them that they have not only at all times been treated with justice and equity, but with lenity: that the increase of riches amongst them is owing, amongst other things, to the great sums of money constantly circulated from the pay of the king's forces, and from the number of foreigners now settled among them on account of their trade: and also the extension of their trade, they being permitted to carry on commerce in like manner with the rest of his majesty's British subjects: and that it is therefore expected, that they should, in return for so many great and real benefits, most heartily and effectually concur with his majesty's governor in any thing he shall propose for his majesty's service, and the good of the island, and demean themselves as become good subjects, &c. and it may not be improper for the said governor therefore to inform them of all their privileges. Gentlemen, observe these are founded upon the 11th article of the treaty concluded at Utrecht, on the 13th of July 1713; and that they cannot be entitled to any other privileges than those signified therein. And for the better information thereof, that they do lay the said articles before them, a copy whereof was annexed thereunto; by which it appears, that they are allowed to enjoy their honours and estates, and have the free use of the Roman catholic religion, and that means shall be used to secure it to them so far as is agreeable to the laws of Great Britain, which they still continue to enjoy without the least interruption, and without any fear or dread of the court of inquisition; and that at the same time may inform them, that, by the ancient laws of this country, the pope's bulls, &c. are not permitted to be executed in his majesty's dominions, nor any penalty levied or punishment inflicted under such decrees, without permission of the crown of Great Britain: and then it goes on and gives farther directions with regard to the governor's authority, and the necessity of these persons demeaning themselves cheerfully to the order of the governor; which is the government and constitution of that country. Now, gentlemen, you see that in 1753 some considerable regulations were made, to explain, and in some re spects to alter, the regulations which had been made in the year 1752. And another thing is clearly observed; that the tenor of all the instruments I have read some parts of to you, these regulations neither in 1752, much less by the explanation of them in the subsequent year, 1753, with regard to the afforation, could not possibly extend to the arraval of St. Phillip's, for the jurats were the persons who were to make the afforation in their several universities, or districts, or terminos, as they are called. Now, in the arraval of St. Phillip's, there were no jurats at all; consequently, that was to be made by the proper officer appointed by the governor himself, namely, the mustastaph. In case of the failure of the jurats making the afforation, the governor was to make it himself: but in this district there are no jurats. There is another thing to be noticed; and that is, that if particular care was not taken as to the afforation and manner of selling wine in the arraval of St. Phillip's, that is, where the garrison is; if great care was not taken of that, it might tend to the intoxication of the soldiers of the garrison, and might be attended with most pernicious consequences. For this reason general Blakeney, when he was governor of the island, soon after an explanation of the former regulation now made in 1753, that was continued afterwards by his successor governor Johnston, made a very proper regula tion with regard to wine, particularly in this arraval of St. Phillip's. That was soon after the order of council in 1753; 1 believe it was in 1758 or most likely was the begin ning of the year 1754, that general Blakeney made the regulation 1 am now going to mention to you. The mustastaph was an officer there that did the office of jurat in the other districts: he was appointed immediately by the governor. The jurats in the other districts were chosen annually by the people, in order to avoid any partiality, and to take care that the mustastaph shall do his duty regularly, that the inhabitants that have wine to sell shall sell their wine by turns; that all the people within the arraval of St. Phillip's shall sell their wines by turns; for if they were at liberty all to sell their wine as fast as they could sell it, that would, as I mentioned just now, tend to the intoxication of the soldiers, and to the ruin of the island. And the way that was appointed by general Blakeney in the year 1754 was, that they should ballot, or cast lots, for turns; and then the several people that had the lots to sell, should sell at an afforation settled by the mustastaph, at such a given time. Then the others shall come to their turn, as ballotted for; so that every one, in the course of his turn, taking the chance of the ballot, will sell his wine at or under, if he pleased, the afforation price, during the time specified. This was a regulation governor Blakeney made upon the order of council. The people of that district were all very well pleased, and things went on in very good order. The people were glad to be so regulated. This being approved of, and consequently being found by experience to be a very good regulation, and to answer all the good ends of government, it was continued during all the remainder of the time that general Blakeney was governor of the island of Minorca. When governor Johnston succeeded to the government of the island, he found this regulation, and the island in very good order and tranquillity. He found the regulation had answered all the good ends proposed by it, and he continued the regulation during all the time that he was governor of the island. In this situation the island was found by general Mostyn, the present defendant, when he succeeded Mr. Johnston to the government, on the 2nd of March, 1768, now five years ago. The present governor found it just as governor Johnston had found it before, and which certainly bore testimony to the wisdom of general Blakeney, as well as of the government from whom he received his orders. It had been approved of in England, and was approved of by the inhabitants there, the Minorquins. It answered all the good ends proposed by it. It produced peace, tranquillity, and harmony in the island, which had been torn by seditions and disputes before, as the order in 1753 recites. General Mostyn continued it. And, gentlemen, the continuance and observance of that order is the very cause of the complaint now before you: descend to the particular circumstances which gave rise to the matter now complained of. The plaintiff, Fabrigas, was a native of the town of St. Phillip's, and within the arraval of St. Phillip's, and consequently under the imme diate eye of the governor himself, as he was within that district which is regulated by the mustastaph. In July 1771 he thought proper to present a petition to governor Mostyn, the defendant, in this form: "Sheweth, that your petitioner has now by him twelve casks of wine of the produce of his own vineyards, without having purchased so much as a grape of any other person, of which he has not sold a drop, when several other inhabitants of the town have sold all theirs, as well from the produce of their own vineyards, as what they bought to make a profit by; and this with Mr. Allimundo the mustastaph's permit. That the petitioner, on the 28th instant (July) applied to Mr. Allimundo for measures to sell wine by, of the rate of two doublers per quarter less than the afforation price, which would have raised a profit to the troops and the poor inhabitants of St. Phillip's: but notwithstanding his demand was very reasonable, and conformable to the express disposition (direction I suppose he meant) of the first article of his majesty's regulations of 1752, re and this made my friend so particular. There is nothing more nor less, as you will see byand-by, than his continuation of the order of government, which had been prescribed, you see, in 1754, and continued all the time down, till the revolting spirit of the plaintiff thought proper to break through all order. Gentlemen, it will be time now for me to take notice, as I have so far gone into the general history, of another circumstance, which is notorious to all the gentlemen who have been settled in that island, as well governors as the other military gentlemen that have been there, that the native Inhabitants of Minorca are but ill affected to the English, and to the English government. It is not much to be wondered at. They are the descendants of Spaniards. They consider Spain as the country to which they ought naturally to belong; and it is not at all to be wondered at that these people are not well disposed to the English, who they consider as their conquerors. A strong instance of that happened at the time of the invasion of Minorca by the French, when the French took it, which I believe was in the year 1756, the beginning of last war: and it is very singular that hardly a Minorquin took arms in defence of the island against the French; the strongest proof in the world that they were very well pleased at the country be-gulating this island, where it is expressly mening wrested from the hands of the English. The French did take it, as we all very well know; but, thank God, we have it again. Of all the Minorquins in that island, perhaps the plaintiff stands singularly and most eminently the most seditious, turbulent, and dissatisfied subject to the crown of Great Britain, that is to be found in the island of Minorca. Gentle. mea, he is, or chuses to be, called for this purpose the patriot of Minorca. Now patriotism is a very pretty thing among ourselves, and we owe much to it; we owe our liberties to it: bat we should have but little to value, and perhaps we should have but little of the liberty we now enjoy, were it not for our trade. And for the sake of our trade it is not fit we should encourage patriotism in Minorca; for it is there destructive of our trade, and there is an end to our trade in the Mediterranean if it goes there.lip's, in both which you see he was mistaken. But here it is very well; for the body of the people of this country they will have it: they have demanded it, and in consequence of their demands they have enjoyed liberty, which they will continue to posterity; and it is not in the power of this government to deprive them of it. But they will take care of all our conquests abroad. If that spirit prevailed in Minorea, the consequence of it would be the loss of that country, and of course our Mediterra-dence is gone through, that bis design, from the Bean trade. We should be sorry to set all our slaves free in our plantations. Gentlemen, having now troubled you so far in general concerning the law, the situation, and government, of this island, and given you a hint too of the spirit of the plaintiff, which I don't wish to make the least impression upon you, unless the evidence of facts, which we shall produce, makes impression upon you; give me leave to tioned that the inhabitants shall always be permitted to sell at the price of the afforation, or under it; Mr. Allimundo refused his petition, telling him that he would not buy his wine: and that this is not only against the reason and justice of the public, and the garrison of St. Phillip's, but also contrary to his majesty's or ders in the said regulation:" and he mentions that the mustastaph had made fifty casks of wine, and sold them. Now, gentlemen, two or three observations occur, before we go any further. In the first place, this gentleman, if I may call him so, this Fabrigas, goes upon the idea of the regulation of 1752 being disannulled. In the second place, he goes upon the idea, that the order that was made of 1752, was universal over all the island, without distinction of this district in the arraval of St. Phil. Another thing, which don't strike so immediately from what I have read, and yet here give me leave to take notice of it-it is artfully thrown into this petition, as if the good of the garrison was very much concerned in his having his petition granted. And, gentlemen, I do assert, and shall be justified in the assertion, I dare say, by your opinion, before I have done, or at least before the evi beginning to the end of it, was to stir up sedidition and mutiny; and amongst the rest, particularly to point to the passions and inclinations of the soldiers of the garrison to take his part against the governor. This petition being presented to the governor, the governor called upon Mr. Allimundo to give an answer to this man: for you see he complained, that he, Fabrigas, had not the permission to sell his |