The Journal of Negro History, Volume 4, 1919Various
History
The Journal of Negro History, Volume 4, 1919
Various
African Americans -- Periodicals
After Modyford's departure from Barbadoes the factors still
experienced great difficulty in collecting the company's debts. Since
Willoughby had not exerted himself in its behalf the company informed
the king that it had supplied the planters liberally with slaves, but
that the planters owed the company L40,000,[11] and that by reason of
the intolerable delays in the courts it was impossible to collect this
sum. Thereupon the earl of Clarendon wrote to Governor Willoughby
admonishing him to take such measures as would make a renewal of the
company's complaints unnecessary. In this letter Clarendon also
declared that while the king had shown great care for the planters by
restraining the company from charging excessive prices for slaves, he
should also protect the interests of the merchants. Willoughby,
therefore, was recommended to see speedy justice given to the company,
and to use his influence in obtaining a better law for the collection
of debts.[12]
To add to the company's difficulties private traders began to infringe
upon the territory included in the company's charter. As an instance
of this Captain Pepperell, in charge of one of the company's ships,
seized an interloper called the "William" and "Jane" off the coast of
New Callabar in Guinea. When Pepperell appeared at Barbadoes with his
prize, one of the owners of the captured ship brought suit in a common
law court against the company's commander for damages to the extent of
500,000 pounds of sugar. The company's factors at once went bail for
Pepperell. Ordinarily the case would have been tried by a jury of
planters from whom the company's agents could expect no consideration.
The factors, therefore, petitioned to have the case removed from the
common law courts to the admiralty court where the governor was the
presiding officer. A jury of sympathetic islanders would thus be
dispensed with and, if necessary, the case could be appealed to a
higher court in England with greater ease. When Willoughby called the
admiralty court on June 17, 1665, the factors cited the company's
royal charter which justified the seizure of interlopers.
Notwithstanding the clear case which the company's agents seemed to
have the case was adjourned for a week. Fearing that the governor
might take action adverse to the company's interests the factors
succeeded in sending the ship in question to Jamaica where it was not
under the jurisdiction of Lord Willoughby.[13] The bail bonds against
Pepperell were not withdrawn, and therefore he stood in as great
danger of prosecution as ever. When the company learned of this
situation it immediately petitioned Secretary Arlington that
Willoughby be commanded not to permit any further procedures against
Pepperell and to transmit the whole case to the Privy Council. It also
requested that those who had transgressed the company's charter should
be punished.[14] The Privy Council issued an order in accordance with
Public-domain text, read in full here on John Shaqi.
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