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Barbados. A collection of autograph letters and original documents relating to the Island of Barbados in the 18th century, ca. 1730-1778. HLS MS 1047, Harvard Law School Library.
(seq. 11)
Damages on the payment of 1/8th of the value of the ship together with freight and Damages are I conceive incidents to the [?] at Antigua and I doubt whether an Action would [lye ?] in the Admiralty of England.
2. How is it advisable for the Owners to act with regard to their now accepting the ship here at Portsmouth and paying the salvage either upon the footing of the said appraisement in Antigua or a new appraisement and so as not to prejudice their aforesaid Demands?
I cannot advise the Owners to accept the ship at Portsmouth without satisfaction being made them for the freight & damages as far as they might have been gainers if she had been navigated at their expence, for they cannot after the ship is restored proceed to recover the freight and damage by the seperate action.
[J?] Andrew
Drs. [Connors?] 4th Sept. 1746
By papers rec'd since the stating the within case it appears that Capt. [Balshen?], the Commander of the [ ? ] ship in Admiral Townsends Squadron that retook the prize [ libelled? ] the ship in the Admiralty in Antigua & by the name of Le Diligent which the French had given her & in which suit such sentence was pronounced as within stated But with an exception in the sentence that the guns & arms on board were not to be restored the claimants not proving property in them & it was an express direction in the sentence that the cargo should be taken out of her. Capt. Balshen dyed & Admiral Townsend notwithstanding remonstrances against it, sent the ship with the cargo to England as within stated and the Admiral is since gone to Cape Breton & tis believed will not return to Antigua but come home to England which absence of his from Antigua it is apprehended may occasion great delay if not render difficult pursuing the remedy within advised and in the meantime the ship may lye and decay for avoiding which damage to the ship the captors agents are willing to sell her & deposit the money if the owners will consent, whih the owners are desirous of as far as they can consent without prejudicing their demands as to the freight.
What safe method can be taken in this case to have the ship sold, and what steps are adviseable to be taken by the owners for removing the guns & arms on board which they can here prove property in?
No appeal having been entred from the sentence given at Antigua the owners will not now be at liberty to prove their property in the guns and arms for the Judge of the [ ? ] Admiralty cannot receive now proof after the sentence & the Superior Court can have no jurisdiction without an
(seq. 24)
5th July 1744 Libel in the admiralty in Barbadoes on behalf of his Majesty's Ship Argyl & his Matys Sloop [Fameag?] the Constant Maria prize
Exaiacons of the 2nd, Captain L190. & 2. Mar. of Said prize
Case
Stated from the proceedings in the Admiralty as Returned and or seal A Libell was exhibited in the Court of Vice Admiralty in Barbado's on behalf of his Majestys ship Argyl & his Matys sloop [?] ~ sailing forth that the said ship Argyl having orders to Cruize off {Martinice?] and the said ship & sloop being in company together off the said Island on 29th June 1744 [?] with [?] ship the Constant Maria bound from Bourdene to Martisimo Burthen 100 Tons Manned with 12 Carrg Guns and navigated by the master & 36 men which resisted & refused to submit a [?] the said ship Argyl & sloop fought & overturned the said french ship & seized her as prize on 2 July following brought her with her cargo into Barbado's and pray the ~ condemnation thereof to them as the captors
The 2nd Captain [His] [Lient?] and the 2nd Mate of the said price Constant Maria being Examined (after proving the ship & cargo to be french property) say that on the said 29th June being in company with another french ship alled the pacifick they were attacked by a sloop under English Colours with whom they fought for 5 hours & would not have submitted had not a large ship which they believed & now understand to be an English Man of War [?] up with & attacked them & finding the said large ships superior [?] they submitted to [thos?] large ship & delivered them [?]prisoners of War & the [?] 36 of the said Constant Maria were then alive on board & say they considered they were the price of the said Man of War & not of the said sloops or any of them & were determined not to have struck to them but would have [?] the said Sloops had not the said Man of War appeared in sight
There was another Libel the same in every respect with the above [?] the said other french ship the pacifick which was taken at the same time & was of 260 Tons Burthon & carrying 16 carriages & guns with the [?] & [40?] men and the like proofs made in support of ye capture
A Libel was Exhibited in the said court on behalf of 2 privateers called the Castor & polling setting forth that they being in company with the afd other sloop the [?] of Martisimo & the [force?] of the said privateer sloops being the one 136 Tons 14 Carriage Guns & 107 men & the other 115 Tons 12 Carriage Guns & 97 men of the said 29th June [?] saw the afd 2 prizes standing for Martisimo came up with & in company with the said sloop [?] fought them the polling firing first the [?] next & then the castor & [?] [?] [?] That immediately after they had engaged the said sloop [?]lowered sail & dropped astern & left the said two privateers to fight the said two prizes & the castor having for sometime engaged the Constant Maria she stuck to the castor whose captain boarded & took the [?] & papers on board the castor & put some of his men on board the said prize & afterwards [?] up to assist the polling who was engaged with the other prize the [?] sloop then firing at such a distance that not a shott reached her & the polling Running close under the prize & doing her much damage she stuck to the polling whose Captain boarded her & took the master & papers on board the polling & having some of his men on board the prize # The Libel then sets forth 7th afterwards his Majestys said ship Argyl [?] up with the privateers & ordered
8
(seq. 27)
Judge of the Vice Admiralty Court by that [[Petition?]] they submitted themselves [[?]] again & did an Act Inconsistent with their Appeal which is a presumption of it.
As to the share which the privateers are intitled to & in what manner the Division is to be made is a point of more doubt. The Act of Parliament & his Majestys proclamation have not provided for it nor has it come Judicially before he Court of Admiralty # The same Rule cannot comprehend both because the proportion is settled in regard to ships in his Majestys pay but in regard to privateers is left to the agreement made between the owners & Ships Company. There seems therefore some [?] Discretionary power [in the?] Court according to the [?] of the case and that in the present 1/4th to each of the privateers appears to be the most equitable division
J. Andrew
[Dr} Commons [?] 14 Jany 1744
There is no doubt but that privateers are Intitled to share with the Kings Ships in prizes taken by their mutual Assistance There are many Instances thereof in [?] war and some in the present war. In joint captures the Law has left the allottment of the share of each ship to the Discrection of the Judge who is to found his [?] upon the circumstances of each particular case In the present case it is agreed that the two Privateers & the Kings Sloop were engaged with the [Enemy?] But it seems to be allowed that the privateers had the greatest part in the action and that the Argyl was aiding & assisting to the Capture only by his presence without engaging at all he had therefore the least merit & share in the [service?] But if the prizes were to be Distributed according to the number of men he wod have the greatest share of the reward which I cannot think would be Just upon the whole I am of opinion the Judge at Barbardos has given a proper and reasonable [?] And I am advise presenting the Appeal.
Geo. Lee [Drs] Commons Novr. 29th 1745
(seq. 30)
therefore moved the Court that the said Mr. Gascoigne might be allowed the liberty of the goal [gaol] yard as the law directs, offerring to produce witnesses of the facts he mentioned, and naming the security that had been given, which motion was also fully spoke to by Timothy Blonman Esqr. Mr. Sollicitor General likewise thought proper to signify his sentiments not as counsel for Gascoigne, but as a publick officer and to discountenance oppression to the subject. After which Mr. [Cowse?], of counsel for the Provost Marshall, after having with submission objected to the jurisdiction of the court in this case, opposed the said motion. But Mr. Attorney General then insisted on the courts authority to examine into the behavior of their immediate officer the Provost Marshall, and recommended it to the Court to take the proofs that had been offerr'd by Mr. Gascoigne's counsel, and thereupon Capt. John Crouch, Doctor Thomas Pollard, Mr. David Miln, and Mr. William Knight were sworn and examined in support of the said motion: And Mr. Miln, the goal [gaol] keeper, under Mr. Lotts the Provost Marshall being called upon by Mr. Gascoigne's counsel for a written order they were instructed he had received from the Provost Marshall for the removal of Mr. Gascoigne from his house to safe and close custody in the common goal [gaol], but the producing thereof being objected to by the counsel for the Provost Marshall and the objection answered by Gascoigne's counsel, the question was put, whether the goaler [gaoler] shall produce the directions he received from the Marshall in respect to Mr. Gascoigne or not, and it was carried in the affirmative by all the court, except the Hon'ble Edmund Jenkins Esq. who declined giving his vote on account of his being an attorney to the [patentee?] of the Marshall's office. The said directions were thereupon produced and read, and then after Mr. Kiln himself had been particularly examined in respect
(seq. 32)
At the Council Chamber Whitehall~ the 12th day of Feb.y 1756
By the Right Honble [Honorable?] the Lords of the Committee of Council for hearing Appeals Complaints & from the plantations.
Whereas his Maty's was pleased by his Order in Council of the 22nd of September last to refer unto this Committee the humble petition of appeal of Complaint of Wm Letts of the Island of Barbadoes Esqr Deputy provost Marshall Genl of the sd Island & Deputy Serjeant at Arms attending the Court of Chancery in the sd Island from an Order made by the president of Council of that Island on the 4th day of Septr 1754- louching the Rights of the petr's Office & humbly praying to be relieved in the promes [promise?] and whereas a motion was this day made to the Lords of the Commee[committee?] by the Sollr for the petr praying that a copy of this petition & complaint may be transmitted to the sd president & Council for them to return their Answer thereto and that the partys may be at Liberty to take proofs in the sd Island in Order to be made Use of at the hearing of the sd Appeal and Complaint - Their Lordships are thereupon pleased to Order that a Copy of the sd petition of Appeal and Complaint (which is hereunto annexed) Be transmitted to the sd presidents Council of Barbadoes unto are hereby required to return their several & [respive?] answers thereunto in writing to this commee [committee?] together with such depositions or proofs as they shall think necessary to support the same and that free Liberty be given to the petr or his Attorneys or any other persons concerned to make affidavit or exhibit other proofs touching this matter before any judge or magistrate in the sd Island And that such Judge or Magistrate do summon before them such Persons as the petr or his Attys or other persons concerned shall name which the Gov or Commander in Chief of the sd Island is to signify to such Judge or Magistrate as soon as may be - And that the petr or his attny do deliver unto the sd president & Council authentic Copies of such proofs or affidavits as shall be made in this manor on his part, as also that the sd president & Council to deliver unto the sd Petr or his Attys copys of their answer & of such Depositions or other proofs as they shall think necessary for their defense within the space of one month after the receipt of this Order, as also that within 20 days after recieving each other's proofs the sd president & council so in like manor exchange with the sd petr the Replies that shall be made by affidavit or otherwise before they be transmitted to their Lorfdships - And that the whole maybe returned to this
(seq. 33)
Commee [Committee?] within the Space of 6 Months from the date hereof - and the Govt or Commander in Chief of this Majesty's Island of Barbadoes (these provost & Council & all others whom it may concern) are to take Notice and Govern themselves accordingly
W. Sharpe
To the King's most Excellent Mat'y in Council
The humble petition & complaint of Wm Letts of the Island of Barbadoes Esq. (Deputy provost Marshall Gen'l of these Island and Deputy Serjeant at Arms attending the Court of Chancery in the T Island.-
That the Offices of Provost Marshall or provost Marshall Gen'l of Barbadoes & Serjeant at Arms are Offices of a very long Establishment in these Island & have certain Branches of Business Fees [Emolum?] 1st & advantages annexed to them as well by- positive laws as by ancient usage & Custom & these Offices are likewise burthened with many expensive Duty's & Services which have the same Foundation.
That his late Mat'y King George the 1st was graciously pleased by his [?] patent under the Great Seal of Great Britain bearing date at Westminster the 28th day of May in the 2nd year of his reign to ordain & appoint Thomas & Francis Reynolds Esq'res & the Survivors of them provost Marshall Gen'l of the [?] Island of Barbadoes. To hold & enjoy these Office by themselves or their [sufjicient?] Deputy or Deputys for & during their lives and the life of the longer liver of them together with all & all Manner of Free Rights profits priviledges & advantages whatsoever to the S. Office belonging in as full ample Manner as Wm. Forbes Esq. late provost Marshall of the s'd Island or any other person or persons therefore had or of Right ought to have held & enjoyed the same.
That these Francis Reynolds having survived these Thos. Reynolds did on the 12th day of Dec. 1751 appoint & constitute your [pet'r?] his Deputy in these Office Gen'l of provost Marshall Gen'l in all & every the Offices & places depending on or appertaining thereto.
These Office of Serjeant at Arms attending these Court of Chancery in Barbadoes in an Office &place dependant on & appertaining to the Office of Provost Marshall Gen'l and hath always been held occupyed and enjoyed as such and your pet'r upon his being appointed Deputy provost Narshall of these Island by the Mr. Francis Reynolds was by his Excellency the Honble Henry Grenville Esq. the then gov'r of the Island and Chancellor of the same sworn into the Office of Serjeant at Arms in the usual and accostomed Manner your pet'r hath constantly executed and faithfully performed the Duty & Services incident to these Office & thereby Entitled himself as he is advised to all [thesjees?] & Emoluments thereto belonging.
And it is the Serjeant at Arms Deputy to execute all process issuing out of and from these Court of Chancery and likewise all interlocutory & writes of Execution issued on Decrees passed & pronounced there & to make all Sales and Levies directed by such decrees for which Duty of Services there are certain & fixed fees of Right due & belonging to the officer executing the same.
The chief perquisites arising to your [loctr?] as Serjeant at Arms are from the carrying the decrees of these Court of Chancery for Sales & Levys into Execution& if your petr should by any Means be deprived of the same the expenses & charges arrising from the due Execution of these Office will exceed the profits. -
That the Masters attending these Court of Chancery are not Officers executed bypatent but are sworn into their officed and placed at the will [?] of ye Chancellor of these Island for the time without giving any security for the due. - Execution of their Offices nor are tjere amy Fees settled by the Authority of these Court or by any positive Law which these Masters can demand or receive for any Business to be done by them in the Selling of Estates & the Office of Master in the
(seq. 38)
Barbados 6 July 1777 On This day By dosior of James Shapherd Esqr delivered an Exact Coppy of the within Order & petition to [throwto?} Annexed, To the Honble Edw^d Hay Esq6r Governor of Barbados, abd at the same time Shew'd the Honble Edw^d Hay the Original order & seal to, which he also took into his hand - part of which he read & then returned the Original Copy to me, and said I had no Buisness, with this business, "it should come through a proper channell by the stand of the Soul of or Mr. Shaperd himself.
Witness Simon Dee
To the Kings most Excellent Majesty in Council
The Petition of James Shepherd Esq^r late Chief Baron of his Majestys Court of Exchequer in the Island of Barbados.
Humbly Shewoth That on the 9th day of December 1769 your petitioner was appointed Chief Baron of your Majestrys said Court of Exchequer by his Excellency William Spry Esqr then Governor of the said Island of Barbados.
That your Petitioner has for upwards of Six years, Exercised his said office of Chief Baron in the most impartial and upright manner, and without the least Censure on his Conduct, or Imputation on his integrity.
That your Petitioner has an independant fortune and is possessed of such an Estate in the said Islands of Barbados as, he humbly conceives, suffuciently qualifies him for holding the said Office.
That nevertheless on the 15th day of April 1776 His Excellency the Honble Edward Hay, the present Governor of the said Island of Barbadoes, without accusing him of any offence or misconduct whatever, removed your petitioner from his said Office of Chief Baron, without the advice or consent as he is well informed of the Members of your Majesty's Council of the said Island.
That his said Excellency has, and still does refuse to assign any reason whatever from having removed your Petitioner from his said Office, which will appear by the Secretarys letter, a copy of which is as followith
(seq. 39)
On his Majestys Service To the Hon^ble James Shepard Esqr Secretarys Office April 15th 1776
Sir,
I am commanded by the Governor to Signify to your Honor, That he has thought proper to remove you from your Office of Chied Baron of the Court of Exchequer and pleas of the Crown, for reasons which his Excellency will take care to lay in a proper manner before his Majesty: and you so stand removed accordingly.
I am, Sir, your most obedient Humble Servant T Workman
Your Petitioner therefore concious of having at all times faithfully discharged the duties of his Office according to the best of his skill and judgment most humbly prays your Majesty to take his case into your Royal Consideration; and that your Majesty will be graciously pleased to command that he may be restored to his Office or to grant him such redress for so unmerited a punishment as your Majesty in your great wisdom shall seem meet
J[s?] Shepherd