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(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. 34)
Court of Chancery of Barbadoes from the first Institution of the [sevl?] Offices till very lately have ever been distinct & no ways interfered with those of the Serjeant at Arms nor ever intermeddled in the Sales of Estates which were always [transated?] by the Serjeant at Arms.-
And your Petr (petitioner?) is advised that the Sales if Estates in these Islands by or before a Master of the Court of Chancery there is against the known usage & ancient practice of that Court in Barbadoes & against the Right of your petr as Serjeant at Arms and hath but lately been attempted to be introduced by way of Innovtion in the practice there by some persons attending on that Court in some few Instances by the consent of the partys concerned without the participation of the provost Marshall.
And there being Fees due to the Serjeant at Arms for executing the Decrees of the sd (said?) Court of Chancery settled & fixed as well by the Laws of the sd (said?) Island & by the Authority of the Govt & Council there as by ancient Custom & being no fees whatever due to the Masters of the sd Court for Sales of Estates setttles & fixed either by the one or the other your petr humbly apprehends sufficiently evinces & incontestedly proves your Petr's Right to be preferable to that of the Masters & that should that Right by the Sanciton of these Court of Chancery be transferred from you petr the Deputy of his Majy's patentee to the Masters attending these Court the same would be a great Injury not only to your petr the Deputy but likewise to his principal these Francis Reynolds & to these Office in your Majy's Nomination & appointment as it must necessarily deprives the present & all future provost Marshalls of their fees to acrue to him or them hereafter from the Execution of the f(first?) Office in those Instances which your petr humbly apprehends are his & their just right & the same would virtually repeal his Majy's s'd (second?) [?] patent as the profits arising from he other Duty's of the F. Office will not defray the Changes & Expenses attending the Execution of the same.
That on the 7th day of Aug. 1754 four [sevl?] Causes & cross Causes that were depending in the said Court of Chancery in the s.d Island of Barbadoes in the one of which Causes Robert Jackman & his wife & [?] were [plts?] a James Carter Esq one of the Exors of Nathaniel Branker & others were plts and James Carter Esq, one of the Exors of Nathaniel Branker & others were [Defts?] And in another of which Causes Nathaniel Weeks Esq. & others were plts and the s.d James Carter and other Exors of Nath'l Branker & others were Deft's in the other of the s.d Causes the s.d James Carter & and Exors of the s.d Nathaniel Brankers word plts & the s.d Nathanial Weeks & others [?] of the s.d Nathaniel Branker and others were Defts coming on to be heard before the presidt of his Maty's Council & Commander in Chief of the s.d Island of Barbadoes sitting as Chancellor of that Island with sevl [several?] members of his Majesty's Council then present the s.d Court having thought fit to decree amongst other things as Estate in the s.d Island late of the s.d Nathaniel Branker & in a Deed of Settlemt in the F. Causes ment to be sold subject to an anuity payable thereout to Anne Gretton a party in the s.d Causes a quacon was put by whom the s.d Estate should be sold when of the members of his Maty's s.d Council were pleased to vote or give their Opinion that the P Estate would be sold before a Maj of the s.d Court and the presidt & two other of the Members of the s.d Council voted & gave their Opinion that the same should be sold by the serjeant at Arms And it being carryed by the Maj's of the s.d Court tho the s.d Anne Gretton the Annuitant opposed the same.
That your petr [petitioner?] being no party to either of the sd [said?] Suits could not at that time with any regularity oppose the making such Decree or Order & more especially as he had no motion or petition or any other proceedings relating to that mre [matter?] then before the Court nor indeed had or could in the Nature of the Thing have any notice there of so as the be prepared to oppose those same.
That your petr [petitioner?] conceiving himself to be greatly aggrieved by the sd [said?] Order made with Respect to him exparte as aforesd [aforsaid?] did before the next sitting of the Court present his humble petition to the sd presidt [president?] of the Council as Chancellor of the sd Island Setting forth to the effect hereinbefore stated & praying that this Honour would at the next sitting of the sd court take the premes into Consideration & that your petr might be heard agt [against?] that part of the sd Order made in the sd Causes as related to the Sale of the sd Estate being directed to be made before one of the Masters of the sd Court & to be relieved agt [against?] the same.
That at a Sitting of the sd Court of Chancery before the said pesidt [president?] in Council on the 4th day of Septr 1754 the sd petition came on to be heard in the presence of Council on all Sides when four of the Members of the Council, that is to say the Honorable Edward Jordan George - Walker Samuel Thisbands & John Dotin Esqs gave their Opinions and voted that the prayer of your petitioners petition should be granted and my a Majority of one Voice only the sd Order was confirmed from which Order or Determination the Council for your petr. prayed Leave to appleal to your Maty in Council which was Granted but at the same time it was declared by the sd Court that the sd Appeal should not suspend any proceedings to be had in the sd Causes agreeable to the sd Order of Council so petitioned agt [against] and accordingly the sd Estate was sold before the [Mail?] in October following.
That the proceedings under the Sd Order pending & notwithstanding your petrs [petitioners?] said Appeal was as your petr humbly apprehends in Breach of Contempt of the Authority of the sd most Honourable Board & ws null & void but your Petr does not insist on or desire to have the Sale that had been made in Consequence of the sd Decree set aside or to disturn the purchasors provided the same may not be made use of as a president & drawn into practice in other like Cases & that your Petrs Rights be made known & declared in Contradiction thereto for the future.
Your Petr therefore humbly prays your Maty that you would be graciously pleased to Order a Copy of this petitioj to be transmitted to the sd president of Council of Barbadoes that they may return their answer thereto in writing & to appoint a short day for hearing of this your petrs appeal & complaint with Summons for the sd President and Council or their Agent to attend the same & that thereu from the sd Order of the 4th day of Septr 1754 may be reversed & set aside & that it may be declared that all Sales of Estates be directed to be made by the Serjeant at Arms attending that Court according to ancient Customs & usage & to the Rights if the sd Office &may be Ordered & required to be so done accordingly and your petr may have all such furthor & other Relief in the promes as the Nature of the Case may require and as to your Maty in your great Wisdom & Justice shall seem meet.
And Your Petr shall ever pray & [?]
