[Appendix A(41) 1792 Report of Commissioners of Inquiry]

N° 41.

No 41.

The KING, on the Prosecution of Sir WADSWORTH BUSK, Information and Judgment.
against
PETER JOHN HEYWOOD: EXCHEQUER BOOK, 1786.

June 2, 1786. Exchequer.

The Honourable Richard Dawson, Lieutenant Governor and Chancellor of the Isle of Man,

In the 26th year of the reign of George the Third of Great Britain, and so forth, and in the year of our Lord 1786.

Inc of Man ff

BE it remembered, That Sir Wadsworth Busk, Knight, His Majesty's Attorney General, who prosecutes for his said Majesty, being present here in Court on the second day of June in the year aforesaid, in his own proper person doth, on behalf of his said Majesty, give the Court here to understand and be informed, that on or about the sixth day of May, to the year aforesaid, in the parish of Lonnan within the said isle, several pieces of old Silver Coin having been dug up, taken, and concealed by certain persons to the said Attorney General unknown, he the said Attorney Ge- neral did,on behalf of his said Majesty, to whom the said Silver Coin being Treasure Trove of common right belongs, apply to his Worship the Deemster to obtain a Jury of Inquiry, when his Worship was pleased to issue his order, dated Castle Rushen, 17th May 1786, directed to the Coroner of Garff Sheading, commanding him to summon and swear a Jury of Inquiry at the suit of the said Attorney General, to examine, discover, and find out, what person or persons had dug up, taken, and concealed, or got into his or their possesslon, the said Silver Coin or Treasure Trove, being the right and property of his said Majesty ; thereby also impowering the said Coroner to summon all suspected persons and material witness at the suit of the said Attorney General to ap- pear before the said Jury, who are therein required to verdict in the premises according to law whereupon such a jury was afterwards by the said Coroner duly summoned and sworn for the pur- pose aforesaid. And the said Attorney General gives the Court here further to understand and be informed, that the jurors of the said jury, to wit, Edward Moore, John Gelling, John Millar, and Edward Forbes, all of Douglas in the said isle, Gentlemen, by their verdict in writing, have found, that Philip Christian, William Cowne, senior, and William Cowne, junior, both of the parish of Lonnan aforesaid, did, on or about the time aforesaid, in the parish aforesaid, discover and dig up there from out of the earth several pieces of old Silver Coin, being Treasure Trove, and did take and carry the same away ; and that the said Silver Coin, or Treasure Trove, or a great part thereof, did afterwards come to the hands or possession of Peter John Heywood, Esquire, of the town of Douglas aforesaid, who received from Philip Christian one hundred and one pieces; from John Atkinson twenty-one pieces, and two broken pieces ; from Richard Clague ninety-seven pieces ; and from Robert Heywood, Esquire, fourteen pieces, and two broken pieces ; amounting in the whole to two hundred and thirty-three pieces, and four broken pieces of the said Silver Coin, or Treasure Trove. And the said jurors, by their said verdict, have further found on the said Peter John Heywood's own testimony, that he received two hundred and twenty-two pieces, and seven broken pieces of the said Silver Coin, or Treasure Trove, and no more, as by the said vedict of the said jurors delivered to his Worship the Deemster, and now of record in this Court, may more fully and at large appear; wherefore his said Majesty's said Attorney General, on behalf of his said Majesty, prayeth the consideration of this Court in the premises, and that due process of law may be awarded against the said Peter John Heywood to appear here in Court to, answer his said Majesty concerning the premises.

At an Exchequer Court, holden the 2d day of June 1786. ORDERED, That this information come on to be tried at an Exchequer Court, to be holden at Castle Rushen upon Thursday the sixth day of July next; whereof all proper parties an persons are to have due notice.

R. DAWSON

At an Exchequer Court, holden the 6th day of July 1786

This information coming on to be tried in pursuance of the rule of this Court, dated the second day of June 1786, the said rule is by consent continued, and this cause set down to be tried the next Court day.

R. DAWSON.

At an Exchequer Court, holden the 3d day of August 1786. The trial of this information is by consent continued until Thursday the seventh day of September next ensuing.

R. DAWSON.

At an Exchequer Court, holden at Castle Rushen the 7th day of September 1786. This information coming on to be tried according to the rule of this Court, dated the 3rd day of August last past, for that purpose, in presence of Sir Wadsworth Busk, Knight, His Majesty's Attorney General, who prosecutes for and on the behalf of His Majesty ; and also in presence of John Lace, Gentleman, Attorney, on the part and behalf of the Defendant Peter John Heywood ; and upon reading the warrant issued by the Worshipful Deemster Moore, and dated the 17th day of May 1786, for summoning a jury of Inquiry to discover the person or persons who had taken up or possessed themselves of the old Coin, or Treasure Trove, therein mentioned ; and also upon reading the several depositions of Philip Christian, William Cowne, senior, and William Cowne, junior, James Banks, John Atkinson, Richard Clague, Robert Heywood, and the said Defendant Peter John Heywood, taken before the said Jury, together with the return or verdict of the said Jury, dated the 30th day of May aforesaid ; and upon consideration had thereof, and of what was otherwise pleaded, offered, argued, and alleged by and on behalf of each party, it appears to this Court, that all Treasure Trove within this isle is legally vested in, and of right appertains to His Majesty Wherefore this Court doth adjudge and order, that the said Defendant Peter John Heywood do forthwith restore and deliver unto the said Prosecutor, on behalf of His Majesty, the said Treasure Trove ; that is to say, the two hundred and thirty-three pieces, and four broken pieces, of Silver Coin, in the said depositions and verdict mentioned, with costs of suit.

R. DAWSON,

Examined by JOHN QUAYLE, C. R.

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