y days. During this time the debtor often made away with the
property, if it was in the form of chattel goods. If the judgment was
against real estate the land also remained in the hands of the debtor
for eighty days, during which time a committee, usually neighbors of
the debtor, appraised the land, often above its real value. If this
sum exceeded the debt, the creditor was compelled to pay the
difference. As the factors declared, therefore, it was a miracle if
the creditors got their money.[8]
In 1664, Sir Thomas Modyford was called from Barbadoes to become
governor of Jamaica.[9] In his place the Royal Adventurers selected
John Reid, who had resided for several years in Spain and was
therefore conversant with the needs of the Spanish colonies concerning
slaves. Reid also obtained the office of sub-commissioner of prizes in
Barbadoes.[10]
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
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