[From Atholl Papers - AP X17-5]

[Letter from Hugh Hamersley 31 March 1763]

Sir

I am favoured with yours of the 25th

I am by no means advise an attempt to retaliate against Stephenson. I think he has already smarted sufficiently? notwithstanding the grossness of his misbehaviour, he has been imprisoned & Fined without redress & paid Costs in all his 3 Suits; If they have been Dismissed, it has not been upon the Merits, but upon a failure of Jurisdiction & likewise an Action will not lye agt a Judge for what he does in the execution of his Office. What is an Action to be brought agt him for, for his Misbehaviour to the Court, & have not the same Court already punished him? For his Attacks since upon the same Court, & have they not already made him pay Costs in as many Actions as he has brought - Had they been Entrd to Costs upon the Appeales the Comr would have given them but he does not; nor can any other Court now do it. Its true, the term Delinquent has been used, but horrible as it may sound, in the Island it makes little impression here & that matter is now grown stale; nor can it be Raised without the assistance of his Grace which I can never advise him to Lend. - I really think there the matter should end here. If Stephenson continues quiet without bringing it before the Council which he still threatens.

Agreeable to your permission, I have Continued my particular Accounts to Ladyday last & have according to my former Orders, brought down Mr Hoskins to the same period.

I send you, also Enclosed a Letter reced Last Post from Mr Quayle with a Copy of my Answer to it. Upon 2d thoughts I have sent you the Answer itself, under another Cover, that you may forward it or not, as you think proper.

I beg my humble Duty to his Grace, &c

Serjeants Inn

31 March 1763


 

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