Articles of Impeachment Exhibited against Col. ROBERT GIBBONS AND Cap. RICHARD YEARDLEY, Late Governors of the Isle of Jersey;
WHEREIN The several Impeachments, notorious Actions, high Misdemeanours, Abominations and Oppressions, are laid open, detected, and made publick to the Admiring World;
AS ALSO, A Remedy for the People, against the Heavy Yoke of such Tyrannical Oppressours, in this Juncture of Miraculous Restauration, after so long a Bondage, wherein the Little Finger of some appeared heavier then the whole Loins of others.
London, Printed for G. Horton, living near Cripplegate, 1659.
I Have taken the opportunity, by a Boat now going for England, with Mr Pemell, the Chirurgion of this Garrison, who is sent with an Address of the Souldiery here, to the Lord Fleetwood, and Council of the Army, to let you know, that without difficulty, you cannot imagine how much the dejected, almost dying spirits of the well-affected people of this Isle have been revived, and the joy they have had by that unexpected, and almost miraculous restauration of the famous long-Parliament, to the exercise (once again) of their supreme trusts, from which they had been so long interrupted. And that which hath added to their joy and content, is the Advice we have received from London, which doth intimate to us, that there is very great probability, that the people of this poor Island (after their long bondage and misery,) will be delivered from the heavy yoak of their present oppressors, to wit, from Col. Robert Gibbons, and Captain Richard Yeardley his Deputy, who, we are credibly informed, appeared in London, and elsewhere, notorious enemies to that happy restauration. It is here affirmed, that Lieut. Col. Mason, is in nomination to be our Governour: we hear a very good report of him, and that he is a professed enemy to Tyranny. In case he doth take care to have Officers under him, that may be thus qualified, it will be an honour to him, and great satisfaction to all the faithful of this place, who have very much suffered under the others; and would have imfallably suffered in a higher degree, in case this sudden alteration of things had not happened: the Bayliff and others being very much threatned, and that onely for having signed a Procuration here to some of their faithful Patriots in London, which tended onely for the good and safety of the whole Island. Benjamin Dumaresy, the late Protector's Atturney General in this Isle, was very active against the said Bayliff, and others well affected, in opposing the same in the [Page]behalf (as he pretended) of his Master the Protector, and the said Gibbons and Yeardley, to whose service he was very zealous against the publick good.
Having seen by divers good things publisht in print, that there are yet (after so long Apostacy) some hopes of just liberty, it hath encouraged me to send you here inclosed, those Articles of high misdemeanours against the said Gibbons and Yeardley, who (in the life of the old Protector, so called) were sent to the President of his Council; but nothing being done therein, 'tis judged fit, not onely by my self, but by several other honest people of this Isle, that they might be made publick; for the performance of which, I leave it to your Judgement and Discretion, remaining
Articles of misdemeanours, exhibited against Col. Rob: Gibbons, Governour of the Isle of Jersey.
1. THat contrary to the ancient Charters and Priviledges of that Isle and Ordinances made and practised thereupon, directing the manner how the quantities of Wooll, Leather, and other Commodities granted to the Island and Castles, ought to be distributed, to wit, by the said Governour, Deputy, Bayliff and Jurats, who thereby are strictly injoyned to see that all Bills or Licenses granted, and Returns thereupon may be registred in the Court of Jersey, by the Clark, paying for each onely 10 pence; but contrary thereunto, the said Col. Gibbons, (without the privity of the Bayliff and Jurats, or keeping any Registring thereof) hath granted Licences for the said Commodities, to whom he pleased, reserving for himself, Allies, and particular friends, not at all related to the Island or Castles, the greatest quantity: all which illegall and unjust proceedings, are very much to the prejudice of the State, and to the Marchants and others of that Island: to the State, because none could controle nor check him, either in the granting and disposing of the quantities of the said Commodities, although 20 times more then is allotted to the Isle and Castles, nor in the Returns which he hath made; so that any part or parcel of Wool or Leather, hath been transported or connived at by him, to be transported into France for his advantage; being impossible to question the Transporters. To the Inhabitants, because many of them are denied the benefit of any part of the said Licences: And most of those that have any, it is but by very small parcels, as 6, 7, 8, 10, 12, 15, 20, 25, 30, Todds of Wooll, and other Commodities [Page 4]proportionably; for which he hath suffered his Clarks to extort from the people one Crown for each Licence, and for the least, half a Crown, which amounts to a considerable sum of money, amongst the poor Inhabitants.
2. That the said Governour, in order to satisfie his unsatiable avarice, did contrive another unjust way by fleecing the poor Inhabitants, in extorting from those that trade out of the Island six d. per head for a Passe: which Passe, was to continue but for five dayes; and then, if (by contrary winds) they were stayed, the said Inhabitants were forced to come to the Castles, and there take another Passe, and pay as they did for the former; and so consequently, if the wind had not served in a moneth or more, having extorted the like from all Boats that went but a fishing, or fetching at Sea, weed (called Ʋrack) with which the Inhabitants do soyl their Lands: which exaction is contrary to the Charters and Priviledges of that Island.
3. That besides those forementioned extortions, he the said Governour found out a new one, and that very unjust, and dishonourable; (viz.) by appointing some of his Servants and Souldiers to drive away the sheep of the poor Inhabitants to Mount-Orguil Castle, there committing the poor innocent Creatures prisoners, upon pretences of having trespassed by entring the Medows of the State. And that in the Winter season, and when there is no grasse, and that all the Cattle is, by the ancient Lawes and Customs of that Isle, known not to be kept in at that time, all being then Common, except inclosures, which are kept by strong sences: the said Servants and Souldiers keeping those poor Creatures, (contrary to Law, Customs and Equity) prisoners in the said Castle, till the owners did release them, by paying a Ransom for each head, except for those that were fat, which the Inhabitants could never find nor redeem again, onely the Skins of some, having been found, thrown over the walls of the Castle of Mount-Orguil.
4. That it is so apparant, that the said Governour hath no other respects or care, but to advance his particular gain and profit, shewing the same very openly, upon a Market day in the Island, when he had the flesh of two, or three, or more, fat Oxen to be sold that day in the Shambles: the Butchers came to him, hearing of a great quantity of Fish taken the night before, which was coming [Page 5]to the Market, telling him, that in case he should suffer the said Fish to be brought and sold that day, he would lose a great deal upon the sale of his Beefs: whereupon, the said Governour understanding which way the Cart which brought the said Fish, did come, commanded some of his Souldiers to stop it from coming to Market, upon a seeming pretence, that one third part thereof belonged unto him; but as soon as the Market was over, he released the said Fish, which was a very great losse to the owners thereof.
5. That, contrary to Law, and by combination, the said Governour hath taken money of persons in that Isle, to release Leather, which he had caused to be seized from them; upon pretence, it was to be transported for France: and without any legal proceedings, either in declaring it to the Exchequer, or in the Court of that Isle, according to the ancient Custom, hath of his own Authority, freed the said Leather, which afterwards was transported into France. And namely, from one John Anquetill he received 20 Crowns, or thereabouts. And to release Shones and Boots, which his Souldiers had seized from one John Liscam, twelve Crowns, and afterwards the said Boots and Shoos were transported into France.
6. That about Septemb. 1655. the said Governour combined with the owners of a great quantity of Tanned-Leather, which came in a Barque from Waymouth into the Road of the Isles, to defraud the State (by pretending the said Leather came from Ireland, and was to be transported to St. Maloes;) but one Scouel Searcher in that Isle hearing of it, went aboard the said Barque, & finding the said Leather to be English, made seizure of the same, and presently acquainted the said Governour therewith, who did check the said Officer for making seizure of Leather, which (as he said) came out of Ireland: whereupon, the said Scouel went again aboard the said Barque, carrying with him skilful persons, who knew the difference between English and Irish tanned Leather, who, after a strict search and visit, found the said Leather to be English; and although the said Scouel returned back to the said Governour, acquainting him what further assurance he had, that it was English Leather; yet the said Governour persisted to be more offended at the said Officer's diligence, and threatned to lay him [Page 6]by the heels; and thereupon the said Scouel desisted, and the said Barque with the said Leather, went for St. Maloes, without any further examination, soon after the said Scouel was by the said Governour, put out of his place of Searcher: at which proceedings, the said Scouel was much discontented, and gave out, that he would come into England, to complain of the unjust actions of the Governour; but he fearing, lest the said Scouel should complain, did reimplace him again in his place of Searcher.
7. That the said Col. Gibbons, notwithstanding his said extortions; and that he is allowed pay of Governour, of Captain of Horse, and Captain of Foot in that Island, and pay of Colonel, and of Captain of Horse and Foot in England; besides several gifts and grants of his late Highness, of other beneficial things in Kent, unto him made and granted; and that he receives his said several Salaries out of the Treasury in England: yet so great is his insatiable avarice & covetousness, that he is not satisfied with the same, but hath received out of the publick Revenue of that Island in money, Wheat, Rents and profits of divers medows and Pastures, since the time he first came thither, to the value of about 2000 l. sterling; for most part of which sum, he hath not accounted at all; and if he hath accounted for any part thereof, he hath had it again allowed unto him out of the Exchequer, upon some pretended disbursements, for Reparations made to Elizabeth-Castle in that Island.
8. That the said Governour, forces the said Inhabitants of that Isle, (at his will and pleasure) to come and work at the Castle, called Elizabeth: which Castle is surrounded of the Sea, and the coming in and going out of the said Castle, very dangerous, unless the Tides are well observed, and that for no Salary; and about needless Reparations and Fortifications, which have alwayes been pretended necessary by the form [...]r Governours, as has been by him: but, indeed and in truth, it is onely to have opportunity, to finger the States-money, which hath alwayes been observed, to be pocketted up by them so that the State is put to great waste, and needless charges, and the poor people to a great deal of trouble and hazard, by forcing them to work in the Castle, (as if they were absolure slaves) and that beyond the time used by the worst of the former Governours, which was onely during one Tide; so [Page 9]cruell beyond them, hath the said Governour been against the poor people; and particularly against those of St. Laurence Parish, whom he caused to be kept in at work, during the space of two Tydes, it happening thereupon, that when they were going out of the said Castle, in a very obscure night, five of them were drowned with some of their Cattel: the death, or rather the murther of those persons, having not so much as been examined, or enquired after, although it be evident, their death was occasioned by the said Governour; and some of the Cattel of those poor people, having escaped drowning, were found next morning by the Castle Walls, and seized by his Souldiers as wrack.
9. That the said Governour, contrary to the Lawes and Customs of that Island, and the Rules of Warres, and by his Arbitrary will hath bastonaded and miss-used, (to the indangering of their lives) several of the Inhabitants, committing them close prisoners, keeping them at his will and pleasure; and when seemeth good, releases them again, and that without the consent or knowledge, either of the Jurisdiction of that Isle, or Council of Warre. And amongst others, one Mr. Clement Gallys, high Constable of St. Saviour, of above 60 years of Age, and one Abraham Beeket Merchant: both which persons have very much suffered for their affection and faithfulness to the Common-wealth of England, by the losses of their Estates, long exile, and imprisonment; and several others.
10 That upon an Order coming to the said Isle, to procure Seamen; and the Inhabitants knowing, that anciently, upon mature considerations had by the Kings of England, of the scituation of that Isle, with the necessity of raising and maintaining Fortifications, and Bulwarks round about it, and the constant Guards by day and night, that the people are obliged at the said Isle, being so obnoxious to a potent Neighbour, did upon these and other weighty Considerations, by several Charters confirmed in the third year of the late Kings Reign, and since; by the Council of State-free, and excuse the Inhabitants of that Isle from pressing. And some Souldiers coming to the Parish of St. Johns, to presse, one of the Inhabitants, by name Francis Marret, who in a civil manner, asked the said Souldier, By what Order they would presse the said Inhabitants: whereupon one of the Souldiers answered him, he [Page 10]wold presently shew him his Warant, which was by Pistolling him through the head; (saying, This was his Commission, or words to the same effect) whereof he presently died. And then fell with his Comerades upon the rest of the Company, cutting and slashing them. Notwithstanding such inhumane murther, proceedings, and cruelties, the said Governour made no more inquiry or examination of the fact, than if the said Souldiers had killed and slashed so many Toads, which indeed was their boasting afterwards.
11. That divers Souldiers and Seamen pretending to have Order to Impresse persons, went about the Island and seized upon severall young People of good Families, making them believe they should be sent to Jamaica; but in case they would give them so much money as they demanded (or rather ransomed them at) they would release them: which their Parents and themselves not daring to ask them, by what Order they did such things, lest they should be dealt withall, as the said Maret and others had been: Therefore did choose rather to part with their money to redeem their Children, then to Complain. Which Barbarous and unchristian actions, the said Governour connived act, without inflicting any punishment upon the Offenders, although they knew as well the said evil practises as the former.
12. That about the month of January 1655, the Barque Bonadventure of Iersey, John Ahier Master, was taken by an Ostendor near the said Isle. The said Ahier rather then suffer the losse of all, and to be carryed with many Passengers then aboard Captives, did agree with the said Ostendor for the Redemption of his Vessel and Goods; whereupon he was set on Shoare in the said Isle, to procure the money agreed upon, and to return with speed, which he did, and carryed it aboard, and thereupon his said Vessel, Passengers, and so much of the Goods as were left, were freed and brought into the Island; where no sooner he was arrived, but the said Governour sent for him, calling the said Ahier Traytor, because he had carryed money to the enemy, without first acquainting him therewith, which he could not do by reason it was night when he was put a Shoare, and the Tyde up, that none could get into the Castle where the said Governour was; and being obliged to return with speed, the said Ahier having by his diligence [Page 11]redeemed four times more then he carried, notwithstanding the said Governour to revenge himself of the said Ahier, hath refused to give him Certificats as he doth to others, of the Landing of such Goods as were not Rifled by the enemy, into the Island; although the said Ahier hath shewed him Certificats of the Bayliff and Jurats of the Isle, and of the Searcher there concerning the truth thereof: which injustice tends only to endeavour the ruine of the said Ahier: who upon the lading at Hampton a quantity of Wooll and Leather, hath given security and bonds of great Sums of money for the Delivery of the same in Jersey, the said Ahier being in danger that the said Bonds, for want of such Certificats, will be put in prosecution against him at the Exchequer Court.
13. That the said Colonel Gibbons being appointed by the late Protector and Council one of the Commissioners for compounding with the Inhabitants of that Island, and likewise Receiver-General, did contrary to his Instructions, and most inhumane-like, as soon as the poor Inhabitants had submitted to Compound for their small estates, which (of most of them) did not consist of above 8, 9.10.12.15.20, pound per annum, He the said Gibbons would send to them to bring and pay their fine, which many could not performe at the very instant, whereupon the said Gibbons would not give them further time, but would presently send such a number of Troopers to their houses, and there to abide upon free quarter till the poor people had paid in their money, that in several houses the said Troopers did eat and spoyle more then the fines of the parties amounted unto. And when the sufferers went to complain to the said Gibbons of their heavy burthens, he would tell them that his son and another Souldier would lend them money to pay their said fines, and so remove the said Troopers, provided they would enter in bond to repay the same within such time as they should limit, and pay him Use for the same, which proffer many of them were forced (rather than to be utterly ruined) to accept, although the same were with such horrid extortion as never was heard to have been practised amongst the worst of Barbarians, to wit, 20.25. & 30. per centum, for each month, and yet the said mony so lent, was none of his but of the publique, which he then had in Cash, or those appointed by him.
14. That the said Gibbons knowing such Tyrannical proceedings, were directly contrary to all Law, Justice, or Equity, and apprehending that the same would be represented in England, did forbid that any person should depart the Isle without his Passe, or any to send or carry Letters without first bringing them to him to peruse. And besides, the said Gibbons caused all Vessels to be searched for Letters which were bound for England, upon which search one Letter of Mr. Philip Maret was intercepted as it was sending into England, directed to a Captain that hath alwayes been in the Parliament Army, and a great assertor of the Good Old Cause, which Letter was occasioned by reason of the notorious Tyrannies of the said Gibbons, therein fully detected, but particularly of his unjust dealings against several well-affected persons of that Island, who although innocent he did not exempt from compounding no more then the said Maret who had very deeply suffered under the enemy, by being declared Traytor by them, and who seized and sequestred his Estate, by reason the said Maret was in the Parliament quarters, at, and after the late King was put to death; for the Redemption of his Estate he was forced to pay to the Enemy a considerable sum of money. Upon which interception the said Gibbons committed the said Maret close Prisoner in Mout-orguill: Castle, where he kept him 16 months together (most part of the time) without Pen, Ink, or Paper, or communication with his Friends, being there used very B [...]rbarously: After which time the said Gibbons released him upon Bayl, and then the said Maret came for England, to complain and endeavour to have redresse: which the said Gibbons discovering, told the said Maret if he would referre the whole businesse to him, he would free him from his troubles, which the said Maret accepted, by reason he observed the said Gibbons to be very potent at Court, but in lieu of doing according as he had engaged, he the said Gibbons attempted by sureptitious ways to have the Estate of the said Maret to be forfeited, who for two years together hath waited in London upon the said Gibbons, being thereby very much damnified as well in his bodily health as estate, which Imprisonment and troubles hath almost brought his antient and weakly Mother to the grave.
Articles of misdemeanours, exhibited against Cap. Rich. Yeardley, Deputy Governour of the Isle of Jersey.
15. THat the said Captain Richard Yeardley as Deputy Governour, hath for these late years, contrary to the priviledges granted to the people of that Isle, taken upon himself to dispose of the Licenses of Wooll, Leather, and other Commodities granted and allotted to the said Isle, to whom he seemeth good; and for his particular gain and advantage, doth ingrosse a great part of the said Commodities to himself, by granting Licenses to his Servants, Allies, Factors and others, not in the least related to the said Isle, to the great prejudice and dammage of Merchants and others Inhabitants of that Isle, amongst whom, and of right, the said Licenses ought to be distributed; by which unjust proceedings, several of the said Merchants and Inhabitants, are forced to buy the said Licenses from the said strangers, at very high rates; it being evident, and of certain truth, that a great quanting of the said Commodities, are for his Accounts, and of his Factors and Agents, transported into France, which cannot be hindered, by reason that none can, or dare controle him, either in the disposing the said Licenses, or in making and giving Returns for the several Commodities as he doth, and seemeth best for his advantage, all being at his arbitrary will and disposal; But directly contrary and against the ancient way practised in the disposall of the said Licenses; which are to be distributed in the presence of the Bayliff and Justices there, and registred in the Court by the Clark, and that for ten pence per Licence, whereas the said Yeardly suffers his Clark to take of the poor Inhabitants five shillings, or at least two and six pence for every Licence, although but for five todds of wooll.
16. That the said Yeardly contrary to the Law and antient priviledges of the said Isle, and contrary to the Law of War, hath [Page 14]by his arbitrary will and pleasure Imprisoned, and afterwards released divers of the Inhabitants, namely, one Mr. Ph. Richarson, and lastly, the High Constable, and other Officers of the Parish of St. Brefade, onely for executing the Duty of their places, in searching a suspected House of the Parrish (where lived one of his Souldiers) for divers Sheep, and other things that had been stollen from some of the inhabitants: And that onely by reason that it was a Souldier's House; as if Souldiers houses were Sanctuaries, and not to be searched.
17. That the said Yeardly very well knowing that by the Establishment of Jersey, and for the defence thereof, there ought to be kept twenty Troopers furnished with Horses, for which number there is constant pay allowed from the Common-wealth; and yet the said Yeardly (Commander in Chief there) connives and suffers the Common-wealth to be defrauded, (and the Island indangered) by not keeping above twelve Troopers that have Horses serviceable. Some of the Troopers which are in pay having never a Horse, and others that have are no way serviceable; suffering Servants and Children of eleven years of age to be mustered, and Pay allowed to their Masters for the said Servants and Children.
18. That the said Captain Yeardly to the very much indangering the safety of the Castles, and of that Isle so considerable to the Common-wealth, doth suffer Souldiers to be lifted in foot Companies that were in actual war in that Isle against the Common-wealth of England.
19. That the said Captain Richard Yeardly, Deputy Governor of the said Isle, contrary to the Laws of War, and to the great Scandal of the Government of the Army, and godly people in that Isle, and ill example to others, doth keep constant Company with the most notorious Cavalliers of that Isle, going often to their houses there to play at Cards, to feast and drink healths in such excessive manner, that several times the said Yeardly hath ben observed to be so much distempered with Liquor, and so drunk, that he could not scarce go or stand.
20. That the said Yeardly hath several times vowed, if he should remain in the said Isle, he would take such course that all the Anabaptists there should be banished the Isle.
21. That it is here credibly informed that the said Captain Richard Yeardly before and since the dissolving of the late Assembly, did appear very much disatisfied of the proceedings of those called Commonwealth men, then sitting in the said Assembly, saying, that they were all for Charles Stuart. And after the said Assembly was dissolved, he did appear very much discontented and dissatisfied of the same, muttering against the proceedings of the Army, and pleading openly against them and their actions; and for the late Protectors Government, with whom he was the night before the said Dissolution.
22. That the said Captin Richard Yeardly is such a Countenancer of Notorious Cavaliers in that Isle, that when any well-affected persons have a Suite or Action at Law against them in any thing considerable, then the said Yeardly upon the day of tryal or hearing of the Cause was sure to come to the Court, and so effectually countenanced the Cause of such Cavaliers against the well-affected, yt by his high words & threathings, he did awe the Court in such manner that the well-affected persons could not have Justice: And particularly, about the month of October last, he appeared for one grand Malignant whom he calls Sr. Ph. Carteret, against two known well-affected persons, (by name) Mr. Thomas Roberts, and Mr. John Ricard, who both of them have much suffered for their affection, to the renowned long Parliament of England, who did then sue the said Carteret in Court, by vertue of a certain Ordinance of Parliament dated the 16th of September 1645. The said well-affected persons being then railed against, and accused as if they had been guilty of high Treason, to plead against the said Delinquent; and the said Roberts then Lievtenant of the Train Band of St. Owens Parrish, and the said Ricard Ensigne, were both dismissed that day from their Commands, by the said Yeardly; for no other offence (known to them) but for pleading against a Notorious Malignant.
23. That the said Captain Yeardly being Authorized in that Isle a Commissioner to have an inspection upon such persons as should be made choyce of by the People to be Justices: He the said Yeardly would rather admit, and cause to be admitted, some that had been in Arms against the Parl. to the place of Judicature, then to permitt those which had bin chosen, and had bin great sufferers for [Page 16]the Parliaments Interest, to be admitted in the said place of Judicature.
24. These high Misdemeanours committed and connived at by the said Col. Rob. Gibbons, Gove [...]nour as aforesaid, and the said Yeardley his Deputy, with more of that nature, can be sufficiently proved, in case certain persons of integrity and honesty, (having neither relation to the said Gibbons, nor to the Isle, and such as the said Governor may not be a terrour to, as he is to the poor innocent people there) might go thither with power & authority, not onely to examine the truth of the said Misdemeanours, but likewise all other grievances of the people: and either to authorize them to reform the same, and see that the Offendors may receive condigne punishment for those enormous and foul Crimes, according to the Laws and Customs of that Isle; or at least, to make their Report upon the whole matter formerly, as upon such complaint, was practised in Cases of the like nature.