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Pepperell were not withdrawn, and therefore he stood in as great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
the company's desires.[15] Willoughby accused the factors of having
reported the case falsely and of having affronted him grossly by
taking the vessel in question away from the island by stealth.
Moreover, he declared that he would have made them understand his
point of view "if they had not been employed by soe Royall a
Compagnie."[16]
Since Willoughby persistently neglected to send Pepperell's bail bonds
to England, the Royal Company finally reported the matter again to the
king.[17] Once more the case was heard in the Privy Council where it
was referred to the committee on trade and plantations.[18] On January
31, 1668, the Privy Council issued an order to Governor Willoughby,
brother of the former incumbent, commanding him to stop all
proceedings against the Royal Company and commanding him to send
everything in regard to the case to England without delay.[19] Lord
Willoughby replied that so far as he could ascertain all the records
had been sent to England and that if any others were found he would
also despatch them.[20] Thus ended this contest in regard to the
maintenance of the company's privileges. Th
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