Appeals to the Privy Council
Report No. BAR_1719_00

Gordon v Lowther

Barbados 

 

Case Name Long

William Gordon v Governor Lowther

 

Acts of the Privy Council, Colonial Series

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APC Citation  

v.2 [1310] p.753–755 (6 Feb. 1719 – 20 Dec. 1722)

 
PC Register Citation  

George I v.2 (2 March 1717 – 25 Aug. 1720) p.219–220, 230, 232–233, 280–281, 391–392: PC 2/86/219–220, 230, 232–233, 280–281, 391–392

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PC Register Citation  

George I v.3 (25 Aug. 1720 – 31 May 1722) p.6, 10–12: PC 2/87/6, 10–12

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PC Register Citation  

George I v.4 (1 June 1722 – 25 Aug. 1724) p.147, 164–165, 170: PC 2/88/147, 164–165, 170

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Colonial Courts

Unclear in the APC if there is a final court determination in Barbados

Participants

Gordon, William, clerk, rector of St. Michael parish, appellant

Lenoir, John, deputy secretary and private secretary to the Governor

London, bishop of – see Robinson, John

Lowther, Mr. [Robert], (former) governor of Barbados, respondent

MacMahon, Gallatius (attorney for Mr. Lowther)

Raymond, ___, Attorney General

Robinson, John, bishop of London

Worsley, Governor Henry, esquire, governor of Barbados

Description

Complaint about conduct of William Gordon as Commissary.

Disposition

Initial charges against Gordon dismissed; Lowther to be allowed to appeal from any judgment in favor of Gordon in his action against Gallatius MacMahon, Lowther’s attorney, with execution to be respited until security is given by Gordon.

Notes

Related to another Privy Council appeal:

Gordon v MacMahon – Report No. BAR_1726_04 (APC, v.3 [111] p.138–139).

For more detail on the relationship between Gordon and Lowther see John Findling, “The Lowther–Gordon Controversy,” Journal of the Barbados Museum and Historical Society, 34 (1973) 131–144.

Participants not mentioned in the APC were added here for clarity. Information about these participants was obtained from related primary and other sources.

References in Smith, Appeals to the Privy Council from the American Plantations

Table of Cases (Gordon v Lowther) (extensive discussion)


DOCUMENTATION

Printed Cases

Not found

Privy Council Documents in PC 1 at The National Archives at Kew

TNA Document Attorney General’s report – 20 Nov. 1722, with Lowther’s affidavit of authenticity of the following documents – 16 Nov. 1722, a copy of articles of instructions, a copy of Gordon’s declaration in his action v G. Macmahon – 1 Aug. 1722 with a certificate of authenticity, and Lowther’s petition to the PC, with the referral to the Attorney General on the last page, signed ‘Carterett’ – 8 Nov. 1722; Order of reference to the Committee on Appeals – 29 Nov. (PC 1/47/18) view_Document
Notes about
Document
Referenced in APC v.6 [318] p.136

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Other Documents

Other DocumentsPrinted record on appeal. Endorsed: “A true copy of the proceedings in Barbadoes, on the appeals of William Gordon, clerk, appellant against Robert Lowther, esq; respondent. To be heard before the Right Honourable the Lords of the Committee for Plantation Affairs.” Spaces for the date left blank. The record is certified by Governor Henry Worsley. The online catalogue of the Fulham Papers contains an extensive description of the proceedings (ref FP XV, nos 217–22), with a considerable amount of the ‘back-story’. 
Library Ames Foundation: (12 pages) (Source: Lambeth Palace Library, Fulham Papers XV fol 217–224 Reproduced with the permission of Lambeth Palace Library)

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