| Appeals to the Privy Council |
Report No. 08_1702_02 |
Bayard v Rex Hutchins v Rex |
New York |
| Case Name Short |
Bayard v Rex Hutchins v Rex |
| Case Name Long |
Col. Nicholas Bayard v Rex John Hutchins v Rex |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.2 [875] p.412–413 – 18 June 1702 – entry 1 |
| PC Register Citation | Anne v.1 (8 March 1702 – 18 January 1704) p.156: PC 2/79/156 |
| APC Citation | v.2 [875] p.413 – 2 July 1702 – entry 2 |
| PC Register Citation | Anne v.1 (8 March 1702 – 18 January 1704) p.169, 170: PC 2/79/169, 170 |
| APC Citation | v.2 [875] p.413 – 9 July 1702 – entry 3 |
| PC Register Citation | Anne v.1 (8 March 1702 – 18 January 1704) p.175: PC 2/79/175 |
| APC Citation | v.2 [875] p.413 – 9 July 1702 – entry 4 |
| PC Register Citation | Anne v.1 (8 March 1702 – 18 January 1704) p.177–178: PC 2/79/177–178 |
| APC Citation | v.2 [875] p.414 – 17 December 1702 – entry 5 |
| PC Register Citation | Anne v.1 (8 March 1702 – 18 January 1704) p.268: PC 2/79/268 |
| APC Citation | v.2 [875] p.414 – 21 January 1703 – entry 6 |
| PC Register Citation | Anne v.1 (8 March 1702 – 18 January 1704) p.295: PC 2/79/295 |
| APC Citation | v.2 [875] p.414 – 18 December 1704 – entry 7 |
| PC Register Citation | Anne v.2 (20 January 1704 – 29 September 1705) p.229: PC 2/80/229 |
| APC Citation | v.2 [875] p.414 – 8 January 1708 – entry 8 |
| PC Register Citation | Anne v.3 (11 October 1705 – 29 February 1708) p.493–494: PC 2/81/493–494 |
Colonial Courts |
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[Special commission of oyer and terminer – March 16, 1701/2 (Bayard)] [Special commission of oyer and terminer – April 6, 1702 (Hutchins)] |
Participants |
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Rex Adderley, Henry, merchant Atwood, William, chief judge in New York Bayard, Col. Nicholas Broughton, Sampson Shelton, Attorney General of New York Cornbury, Lord, [Governor] Hutchins, John, alderman Lodwick, Charles, merchant Weaver, Thomas, Solicitor General in New York |
Description |
High treason |
Disposition |
Judgment against Bayard and Hutchins nullified. Bayard and Hutchins ordered to be reinstated as if the prosecution never occurred. Two New York acts annulling the proceedings against Bayard and Hutchins confirmed and an Act of 1705 about Bayard repealed. |
Notes |
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APC, v.2, Appendix III, p.850 – Colonial Acts confirmed or disallowed by the Privy Council, 1680–1720 – 8 January 1708. “2 Acts, both entitled, An Act Declaring the Illegality of the proceedings against Col. Nicholas Bayard and Alderman John Hutchins for pretended High Treason and for Revising and making Null and Voyd the said Judgement and all proceedings thereon, confirmed. An Act of 1705 relating to them but not quoted by its title is repealed.” Smith (p.241) says these two cases are not strictly appeals but are more in the nature of the pardoning power of the Privy Council. They arose in the aftermath of the revolt led by Jacob Leisler in the previous decade. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Bayard v Rex; Hutchins v Rex) (extensive discussion) |
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DOCUMENTATION |
Printed Cases |
Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
| TNA Document | Petition of Bayard – 17 Dec. 1702 – PC 1/46/5 | view_Document |
| Notes about Document |
Referenced in APC, v.6 [84] p.18–19 |
| TNA Document | Petition of Bayard (copy) – 17 Dec. 1702 – PC 1/46/5 | view_Document |
| Notes about Document |
Referenced in APC, v.6 [84] p.18–19 |
| TNA Document | Order of reference to the Committee (Bayard) – 17 Dec. 1702 – PC 1/46/5 | view_Document |
| Notes about Document |
Referenced in APC, v.6 [84] p.18–19 |
| TNA Document | Act reversing attainders. Board of Trade representation. – 15 Dec. 1704 – PC 1/46/6 | view_Document |
| Notes about Document |
Referenced in APC, v.6 [128] p.31 |
Other Documents |
| Other Documents | The following printed items are related to this case: A Proclamation [by] John Nanfan, Esq; His Majesties lieut. governour and commander in [chief] in and over the province of New-York [Nanfan, Proclamation]; A narative [sic] of the treatment Coll. Bayard received from the time that sentence was passed against him to the time of his giving that petition which the lieut. governour & Council caused to be printed and published in justification of their proceedings against him [Narrative of Col. Bayard]; An Account of the illegal prosecution and tryal of Coll. Nicholas Bayard, in the province of New-York, for supposed high-treason, in the year 1702/3. Collected from several memorials taken by divers persons privately, the commissioners having strictly prohibited the taking the tryal in open court [Account of Col. Bayard]; An Act declaring the Illegality of the Proceedings against Coll. Nicholas Bayard and Alder-man John Hutchins for pretended High-Treason, and for Reversing and making Null and Void the said Judgments, and all Proceedings thereon [New York, Laws 1703]. |
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| Other Documents | Note also that the New-York Historical Society holds a collection of the papers of Nicholas Bayard that includes material pertaining to his trial for high treason. |
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