Rich. Caulfield Council Book of Cork & early annals

664 PETITIOX OF THE l\IAYOR, ETC., RESPECTIXG THE CAPTOtE OF FARRELL. _, ,): made oath that her husband, EJmd. Farrell, was decoyed on board H. l\I. Ship Salamander, lying in the river of Corke, by one Joseph 'Yalton, and others, and was seized and put in irons by order of Jas. Hutchinson, Esq., Commander of said ship. This being a proceeding of a very extraordinary nature, the ::\Iayor of the said City and said Ambrose Jackson sent for said Joseph '""alton to know by what authority, or for what reason, he had so imprisoned said Farrell, and said 'Valton, with great difficulty, was prevailed upon to disclose by what power he had so done, and after much hesitation said he was one of H. Maj. ~Iessengers, and came from England, and showed the badge of his office, and being asked whether l1e had any other authority he then produced a paper which he c·alled a warrant, signed by the Duke of Xewcastle as Prin~ ciple SecY. of State, whereby he was empowered to repair to Ireland, and by a constable to arrest said Edmd. Farren and others in S'lid writing mentioned, on account of their having wilfully sunk a ship (which was insured) upon • the coast of Gallicia, in Spain, whereby the insurers were defrauded, so as / ' he may have said Farrell, &c., before the Oyer and Terminer of the Admi- ralty or their deputies, and said ''r alton refused to give a copy of said writing to the ~Iayor, &c. ; and 'Valton was required to bring Farrell before the Civil ~Iagistrate of the City, which he refused, and confessed also he had not applied to the Civil ~Iagistrate before he confined said Farrell, but said he applied to the Commanding Officer of the Army here, and to said Capt. Hutchinson ; whereupon the ~Iayor and Ald. Jackson sent two civil messages to Capt. Hutchinson, then in the City, desiring to speak with him about Farrel; and he having refused to come, the said Mayor and Ald. Jackson issued an order under their hands and seals of office, requiring said Hutchinson to bring said E. Farrell before some Justice of the Peace, to which they received for answer that said Farrell was put on board by '-. one of the King's ~Iessengers and could not deliver him up. Further, that it appeared to us on the examination of Lieut. Fadon, Capt. of the ~lain , guard of this City, that he had orders from the officer commanding his ~IajJS. forces in this City to assist 'Valton, without any mention of the Civil Magistrate. ' ''?" e therefore most humbly beg, as we conceive this proceeding to be un- precedented that a subject of this kingdom should be imprisoned by the military power without any application to the Civil Magistrate, that such

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