Report from Committee on Barbados

2 Nov[embe]r 1711.
Minutes of Society

2 November 1711

Present the L[or]d B[isho]p of Norwich
The Dean of Carlile, Mr Sherlock, Dr King, Dr Paget, Mr Rival, Mr Shute

Dr Torriano, Mr Vernon, Mr Tayleure, Mr Jennings, Major Shute

L[or]d B[isho]p of Norwich in the Chair

Prayers

1. Dr West & Mr Aufrere were severally proposed the third time, & after Balloting approved of.
C. Norwich

2. The Secretary reported from the Com[m]ittee \to whom the Printing the Acc[oun]t of the Society in French was refer’d/ that they had directed the Printing 250 Copys of the s[ai]d Account in 4to upon one sheet of Paper of the same size & Fineness as the Last Anniversary Sermon.

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9. Order’d that the Secretary do return an Answer to Mr Gordon’s Letter of 23d August 1711 & lay it before the Select Com[m]ittee for their Approbation
C. Norwich

11.

Subscribed for Entrance	£	S	D
By Mr Sherlock	1	1	6
By Mr Jennings	2	3	0
By Major Shute	1	1	6
	4	6	0

Subscrib’d Annually
By Mr Sherlock	5	0	0
By Mr Jennings	5	0	0
By Major Shute	3	0	0

Adjorn’d to Friday 16 instant at 9 in the morning
in hunc Locum

The Report of the Select Com[mitt]ee for the Affairs of Barbados

3. The L[or]d B[isho]p of Norwich reported from the select Com[mitt]ee to whom the business of Barbados was refer’d that they had met several times at Whitehall and at Lambeth in the presence of his Grace the Lord Archbishop and had enter’d into a Treaty with the Attorneys and friends of Colonel Codrington and the said Gentlemen had exhibited to them a Letter of Attorney by w[hi]ch they conceived they were empower’d to Treat and Conclude with the society together with Proposals upon what Terms the said Colonel Codrington was willing to yield up to the society the two Plantations in Barbados w[hi]ch having been consider’d by the s[ai]d Com[mitt]ee they had agreed to lay them before the society w[i]th their opinion thereupon, as also \several/ 4 articles upon w[hi]ch they conceive it may be reasonable for the society to come to an Amicable Agreement w[i]th the s[ai]d Col[onel] Codrington; then the s[ai]d Letter of Attorney & proposals on behalf of Col[onel] Codrington & opinion of the Com[mitt]ee were read (\as follows/) \and some Amendments being made to the s[ai]d opinion & Heads for a Treaty with Col[one]l Codrington, they were approved of by the Society./

Letter of Attorney from Col[onel] Codrington to Messrs Prissick, Carpender, Chester & Cleland.

Know all men by these Presents, that I William Codrington of the Parish of St Michells in the Island of Barbadoes Esq[ui]re have assign’d, Constituted, ordain’d and made, and in my place & stead have put Ordain’d & Constituted my trusty and well beloved friends Cap[tai]n Chr[istopher] Prissick, Nathaniel Carpender and \Mr/ Rob[er]t Chester and Co[lone]l W[illia]m Cleland Merch[an]ts & Citizens of the City of London in the Kingdome of Great Britain to be my true & lawfull Attorneys for me in my Name & to my use to ask sue for, Levy, require recover and receive all and every such debts, Rents, Sums of Money & goods as are now due unto me or which at any day or days, time or times hereafter shall be due, owing belonging or appertaining unto me by any ways or means whatsoever, Giving & Granting by these p[re]sents unto my said Attorneys my full power Strengths & Authority in and about the p[re]mises, and particular from Mr Richard Cary of the City of London aforesaid Merchant formerly one of my Attorneys & from all other Person & Persons whatsoever, and upon receipt of any such Debts Rents Sum[m]s of Money and goods aforesaid Acquittance or other Discharges for me and in my Name, to make seal execute and deliver, Attorney or Attorney’s to make, Councellor or Councellors to retain; and the

same again to revoke, and generally and particulary all and every other matter and thing requisite necessary or behoofull to execute prosecute do and perform, or Cause to be \so/ done and perform’d as fully and largely as I my self might or cou’d do, or Cause to be done in or about the Execution of the same by virtue of these presents, and I do hereby Revoke and disannull all powers formerly made Given to the said Richard Carey to act as one of my Attorneys or any three of them full power and Authority to Act as aforesaid, in the Kingdom of Great Britain, I do hereby give grant to my Attorneys or any three of them full power and Authority to Act as aforesaid as if I were personally present satisfying allowing and holding firm & stable all and whatsoever my said Attorneys or any three of them shall lawfully do or Cause to be done in or about the Execution of the same by virtue of these p[re]sents. In witness whereof I have hereunto put my hand and seal this the 25th of August in the year of our Lord 1711.

Witnesses

W[illiam] Sharpe   W[illiam] Codrington (LS)

Proposals of Col[onel] Codrington’s Attorneys to the Society

May it please Your Grace
Wee the attorneys to Col[one]l W[illia]m Codrington next Heir to Col[onel] Christopher Codrington deceased pursuant to a Power of Attorney made to us & Instruction by Letters and otherwise given to

us by the said Col[onel] William Codrington do in most humble manner lay before the Hon[ora]ble Society for Propagating the Gospel the Overture made to the Attorneys of the said society in Barbados which are That he the said Col Codrington was ready and willing to deliver up the two Plantations in Barbados with the three hundred Negros that were upon it when Col[onel] Christopher Codrington dyed together with all the personal Estate or Chattels excepting some particulars not of the value of Five Pounds and that seeing Col[onel] W[illia]m Codrington’s four Council advised him that the Chattles were his he expected a discharge of the Cropp reaped by him which his Council also advised him in part were his property; to this purpose were Col[onel] Codrington’s proposals in Barbados and we think we have sufficient power to renew them and to explain any difficultys or doubts that may arise about the certainty of them. As to the Plantations and Negros they need no Explanation; the Negros are three hundred, they are all to be deliver’d up if alive. As to the Plantations they are meant the Land and buildings with every thing that is fixed to the Freehold, and the Crops upon the ground and are now growing. As to the personal Estate or Chattles, are intended all the Horses Cattle Carts Waggons Hoggs Sheep Sugar Potts dripps Coolers and Ladles of Copper and all other Utensils for the Carrying on Sugar making which were on the plantation at the time of Col[onel] Christopher Codrington’s death excepting such of the stock as are since dead and others that may be wasted

for

for we undertake that nothing shall be imbezle’d by Co[lone]l Co[lone]l Codrington. As to the Crop that Col[onel] W[illia]m Codrington expects shall be allowed him as a Compensation for the personal Estate which he surrenders tho’ he is advised he has a right to great part of it is intended only this last years Crop w[hi]ch generally begins about the first day of Jan[ua]ry every Year and ends about Sept[embe]r so that the Sugar Rum and Mollasses arising from that Crop he thinks is but a small recompence for the Chattles especially seeing we have examin’d the matter and find that he is rather mistaken as to the value in his Offer to the society for whereas he pay says the Crops were worth 1500£ at that time he did not consider as he own’d that the Charges were to be deducted w[hi]ch will reduce the value at least three hundred pounds below the value of the Chattles by which means the Society will be the gainer, but the Certainty of this will appear out of the Plantations acco[un]ts. These Proposals Col[onel] Codrington has given under his hand, and these are our Explanations upon them; and seeing there is such a Face of Truth and generosity in Col[onel] Codrington’s Proposals and that we have good reason to be satisfyed that he is a Person of Integrity honesty and Justice as far as can be expected from us we undertake that by these proposals he will abide & surrender the Donation in

manner aforesaid. And we do farther undertake in some manner that he will abide by and perform every thing else that by Law or Justice may be expected from him for the better fulfiling and performing the will of his Deceased Kinsman and we further submit to the Hon[ora]ble Society that if any wast or loss has happen’d to the Plantations, Negroes or Personal Estate for or by reason of the Interruption given to the Overtures and made by the said Co[lone]\l W[illia]m Codrington and have not happen’d by any Act of this that he may not be chargeable with the same neither in his Estate nor Character.

And as we wish well to the success of the Hon[ora]ble Society in all their proceedings as well as in all their this affair, and as Mr Cleland was Instructed by the Clergy of Barbados to give what Assistance he cou’d to bring this matter to a speedy and amicable conclusion.

So with all humble submission we beg leave to offer to the Consideration of the Hon[ora]ble Society that any further Contrasting or delay of the Settlement of this matter must end to the great prejudice and lessening of the Donation, for if the Cattle and Stock are taken from it or dye and are not kept up and supplyed and if the Personal Estate or Chattles are wasted & as annually happens and are not set on the

Plantation, then the making of sugar will be Obstructed and six months neglect may keep the plantation back in its Crops for two or three Years so that the produce will not amount to the Expences. And we further submit that if Col[onel] Codrington conform himself to the aforesaid Proposals, that he may stand fair in the opinion of the Honorable Society, and that accordingly if it appears that he has been hardly used he may be considered.

W[illiam] Sharpe
Chr[istoph]er Prissick
W[illia]m Cleland

Lambeth
27th Oct[obe]r 1711.

The Select Com[mitt]ee’s opinion upon the afores[ai]d Letter of Attorney & Proposals.

Wee, who were appointed to \The Com[mitt]ee having/ consider’d of the Powers given by Mr Codrington to his Attornys in England and of the Proposals made by them to the Society, are of Opinion

1. That it doth not appear to us \them the s[ai]d Com[mitt]ee/ that Messrs W[illia]m Sharpe, Natha Christopher Prissick & W[illia]m Cleland or any other Persons have any Legal power or authority from Mr Codrington to agree or Conclude any thing with the Society.

Nevertheless we \they/ think it may be convenient to treat with the said Gentlemen about an

accommodation of affairs with Mr Codrington and also to Conclude with them; in regard they say Mr Codrington will stand to such agreem[en]t as they shall make on his behalf

This we \the Com[mitt]ee/ dos not mean that any agreement to be made with them shou’d hinder the Society from sending over to Barbados the necessary advice and Assistance to a Legal prosecution if what Is agreed on be not complyed with by Mr Codrington without delay And that whilst the society are endeavouring an accommodation we \the Com[mitt]ee/ think they shou’d be preparing Instructions for a Prosecution that no time may be lost. 2. We \The Com[mitt]ee/ have also Consider’d the Proposals of Mr Codrington to the Society’s Attorney in Barbados renewed and explain’d here by the said Messrs Prissick and Cleland and apprehend they remain yet doubtfull and incertain in the particulars following

1. For that the proposals take no Notice of any right of the Society has to so much of the Crop as was unsever’d at the Testator’s death \viz. 10 April 1710/ nor of the value thereof. And consequently how much (on the foot of these Proposals) is to be yielded up by \to/ the Society is doubtfull and incertain.

2. For that the value of the Crop in

1711

1711 is neither ascertain’d nor proposed to be \particularly/ Accounted for but to be given up \in the Gross/ in lieu of the Chattels

3. As the proposals are altogether incertain as to what the society are to part w[i]th so they are equally incertain as to what the society are \is/ to have in regard no Estimate is there made of the value of the Chattles, which the Society (by the said Proposal) is to have for the Crops. The value thereof according to the Inventory and appraisement on Oath amounts only to 796£ : 13s : 6d exclusive of such things which the Appraisers (by the direction of Mr Codrington) appraised together with the Plantations themselves and as part thereof and exclusive of all the Negros.

4. The Proposall of delivering up all the Personal Estate without giving any account or Inventory thereof or without assenting to give up all that was on the Plantations at the Testators death seems very incertain in regard much thereof may be now Wasted or taken off the Plantations since the Testators death.

5. The goodness or Condition of the Plantations to be deliver’d up now is very

incertain with respect to present profit because it is not said in the Proposals what parts thereof are now planted or are planting or what is the value thereof.

In all which Instances we \the Com[mitt]ee/ humbly conceive the said Proposals are so doubtfull and incertain, as that if the Society shou’d implicity close with them It cannot be known, either how much they suffer by the Management of Mr Codrington or are Benefited by his Generosity.

But towards a Friendly Accommodation we \they Com[mitt]ee/ takes occasion from these proposals humbly to offer our \their/ thoughts which we \they/ conceive will answer what Mr Codrington seems only to Contend for, & which may not as we \they/ humbly apprehend be unreasonable for the Society to yield to. The Terms of Agreement we \they/ propose are these

1. That Mr Codrington do forthwith deliver up the Plantations together with 300. Negros at least, \of as good Condition as they were at the Death of the Testator/ and all the Personal Chattles belonging to the Plantations claim’d by \him the s[ai]d/ Mr Codrington (except the three Tables & Bell w[hi]ch he himself excepts in a Letter to the Societys Attorneys Aug \dated 8th Aug[u]st 1711)/ freed of all Incumbrances.

2. That Mr Codrington do give to the Society’s Attorneys an Acco[un]t

of

of the Value of the Crop unsever’d at the Testators death and of the Crop after, taken clear of all Charges upon his Oath or on the Oath of Mr Smallridge

3. That the Personal Chattels deliver’d being appraised by two Indifferent Persons to be chosen for the Society and Mr Codrington be in account set against the Clear Profits of the Crop, and that whatever shall appear to be the Ballance of the said Account be answered to the other Party; saving that if the Profits of the Crops do not over Ballance the Chattels more than by a sum[m] not exceeding three hundred pounds, & *provided that the Plantations are planted and that no voluntary Wast has been committed, The Society do not insist on the payment of so small \such/ a sum[m] \and if it \they/ shoud amount to \a sum/ more than 300£ \upon the Over balance/ it is the intention of the Society th[a]t the sum[m] of 300£ shoud be allowed to Mr Codrington/ out of a gratefull remembrance of the Testator’s Charity and with respect to \the/ nearness of Kin of Mr Codrington’s \Relation/ to him Provided &c. *

4. That Mr Codrington on Agreem[en]t do deliver up all the Evidence & Writings & Grant & release all his Estate and demand of the Premises.

5. That upon Coll[onel] Codrington’s Agreeing to the above Proposals & Delivering up the Plantations Negros and Chattles, the Society’s Attorneys be order’d to put a stop to all further Proceedings at Law ag[ain]st him.

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4. His Lordship further reported that it is the Opinion of the s[ai]d Com[mitt]ee that the Society’s Charter under the great Seal shou’d be forthwith sent over to the Attorneys in Barbados. Agreed to:

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5. Order’d that the Secretary do communicate to the Attorneys of Coll[onel] Codrington the the Five (above mention’d) Articles Heads for an Agreement with \the said/ Coll[onel] Codrington and desire them to give their Answer to the Com[m]ittee
C. Norwich

6. Agreed that the Select Com[m]ittee be reviv’d, and do Meet at Lambeth at such time as his Grace the President shal appoint as soon as the Attorneys of Coll[onel] Codrington shal signify they are ready.
C. Norwich

7. Agreed that \Mr Jennings &/ Major Shute be added to the s[ai]d Com[m]ittee
C. Norwich

8. Agreed that it be refer’d to the s[ai]d Com[m]ittee to draw up & Dispatch Letters to the Societys Attorneys in Barbados, to the Governor & Coll[onel] Codrington.
C. Norwich

10. Agreed that the s[ai]d Com[m]ittee do prepare fresh Instructions to their Attorneys in case it shal be found necessary to proceed \in/ the Law suit ag[ain]st Coll[onel] Codrington
C. Norwich