- Transcription
To the Commissioners appointed by Act of Parliament for enquiring into the Losses & Services of the American Loyalists—
The Memorial of Wm. Brimage late of the Province of North Carolina
—Attorney at Law—
Septr. 25th 1783
Humbly Sheweth
That your Memorialist was many years at the Bar in the abovementioned Province and in Novr. 1769 was appointed to preside in his Majestys Court of Vice Admiralty, that he was also frequently appointed to prosecute on the Crownside of the Courts of Law, and in the year 1773 went the last Circuit with the Chief Justice to liberate the Goals—
That in 1775 was elected a Member of the first provin[cial] Congress without being a Candidate nor did his nonattendance seclude him from being appointed a Judge on settling the Constitn. In April 1777 it fell to his Lot to open the first Court solely when knowing there would be much business of a criminal political nature and could not answer in conscience of becoming the Instrument in taking the Lives of his Majesty’s Loyal subjects refused to act nor was he insensible by so doing it wd. draw on him the heavy resentment of the new State concluded it necessary to withdraw; on attempting to effect this purpose was pursued by Express near 200 Miles and taken at Occacock Bar and put under a Captains Guard having made an escape from thence was retaken at Ronoke Island carried to Edenton committed to a Dungeon about 12 Feet square and heavyly loaded with Irons where with others he remained from the 20th July to abt. the 26th of September following charged with being in confederacy with some Thousands of the people in favor of the British Government accordingly a Bill of High Treason was preferred against him and also a Bill of Misprison of Treason when not being able to support the Charges he was [illegible] enlarged by proclaimation and shortly after served with a Rule of Court to take the State Oaths and become a Subject, or depart the Province in 60 Days pursuant to one of their Statutes under wh. Rule he was banished. In April 1778 arrived at New York and was received with every mark of Benevolence by Govenors Tyron Martin &c.
In october following was considered as a proper person to fill the Office of Attorney General in the Island of Bermuda on decease of that Officer tho’ the Commotions there was so violent as to render it dangerous for any Crown Officer to appear till the Garrison intended should sail, accordingly he sailed with them and on November the 25th was appointed to that Office in which he continued till March 1781 previous thereto an hoping the head of Rebellion would soon be crus^h^ed wrote administration requesting to be superseded by a person of known Loyalty and integrity— on arrival of this Officer was commissioned to execute the Office of Chief Justice (tho’ an Office of small emolument which he did during his continuance there. That during his residence and after the successful Battle of Guilford in anxiety of Mind to know the State of his Family purchased a Vessel and obtained a Flag of Truce for her to Edenton wherein Mrs. Brimage & her Children embarked and arrived in Bermuda in January 1781.
In July following understanding affairs were in a prosperous way and shd. a reverse happen (tho’ at that period far from being expected) well knew his Estate would be confiscated if his Chddren were absent as legal representatives, obtained another Flag of Truce with an Intent to get into Carol. with his Family hoping he might easily effect it yet considered it first advisable to look into Virginia where Lord Cornwallis with his Army then was and see in fact how affairs were circumstanced accordingly with his Family & upwards of 20 Prisoners chiefly masters of Vessels embarked and on arrival at Portsmouth to his great surprise found all communication to Edenton totally Barred and was given to understand if he sent his Family there they would not ^be^ received in consequence was obliged to carry them to Charles Town and continued there untill the unfortunate Surrender at York when knowing it absolutely necessary to save Property his Family should be present, for that purpose they embarked on Board another Flag of Truce with some Friends in February 1782, and himself obliged to remain there, where he was attacked with a dangerous bilious complaint too incident to the Climate and the Physician advised it for the Establishment of his Health to come to England accordingly sailed with the Fleet in April followg. & arrived at Portsmouth the 4th day of June. When the Vessel arrived in Edenton Bay she was seized by a Privateer then in the Ha^r^bour, & considering there might be some difficulty in having her condemned there arrived into Virginia where it was easily effected.
Your Memorialists’ Wife being then pregnant & near her Time was not permitted to go a shore with any part of her Baggage but constrained to proceed with the Vessell, nor could she stay to see the even but obliged to return to Carol. and a few days after was delivered nor had she any Merchandize on Board to create a forfeiture her Baggage consisted of Household & Kitchen Furniture some Plate China Glass & Pictures brought with her to Bermuda some small Quantity of Wines with other Liquors & Medicines for Domestic use & necessaries for herself & Family purchased at Charles-Town together with your Memorialist’s Library of Books and 4 Servants that attended her, nor did she get any Part restored except Beds, her Clo^a^thes that were made ^up^ & one Servant.
Your Memorialist did not apprehend their cruelty wd extend so far as to molest an innocent woman with her young Children but to use her own words what she had suffered since we parted cannot be well express’d, add to this they have brought pretenced Actions against your Memorialist lately originated 12 or 13 years ago, and levied Executions on his personal Estate, nor is it known where they will stop tho’ conscious he left no Debts unsettled except £50. to one Merchant, & it was tendered shortly after he left the Country, which he refused because it was in paper, & has considerable Sums due to him on Bonds Notes and other specialties which he never expects to be able to recover, nor is this the Case with him only but others who left the Country in the same Predicament. Unhappily for your Memorialist he has not at present Vouchers [illegible] with him to substantiate his Loss but has wrote for the best the nature of the Case will admit of which as soon as arrive he will request permission to lay befor this Honble Board
Your Memorialist also begs leave to observe, he does not know any part of his real Estate has been confiscated or allienated except a plantation in Long Acre which was surveyed by his Father in Law in his lifetime and obtained a Warrant for holdng the same, but lying in Lord Granville’s district never could get a Patent, the Office for granting thereof being many years shut, and no business done tho’ this Land has been near 30 years in possession of the Family as yr. Memorialist has been informed & believes, yet since the Troubles and his departure has been taken away & alienated; it contained 640 Acres. The Loss sustained by your Memorialist in his profession is to him of weighty consideration being of years standing was well acquainted in great part of the Country and attended many Courts, though his business at first was small, yet it annually increased till the profits he made thereby amounted above £800 Proclamation Money tho’ he has no vouchers for this Circumstance nor is it usually published to the world was ^what^ is made by professions
Your Memorialist wishes to lay before this this Honorable Board his Claim for Services in attending the Courts of Oyer and Terminer with the Chief Justice, the last circuit he went to liberate the Goals in the Year 1773 & prosecuting on the Crownside, it was usually paid by the Province, but a Doubt arising with the General Assembly in the right of the Crown to issue Commissioners without their Aid, many Arguments were published for & agst. it and when his Bill of Fees was introduced for such Service, the provincial Congress resolved such Commissions were illegal, & therefore refused to pay it, nor did he ever receive any consideration for the same the account whereof amounting £120. Procn. Money is now filled together with other Papers
Your Memolt. is rather apprehensive he has no Vouchers here to authenticate this Fact unless Govr. Martin remembers it to whom he begs permission to refer—Your Memorialist has this endeavoured to set forth a plain & considered State of his Case, & in gratitude of Heart to acknowledge the benevolent attention paid him by former Honble. Commissioners and the allowce. they were pleased to make for his present support and it is with the utmost Diffidence that he requests permissn. to observe is far inadequate to keep him in Comfort which is his only wish—
In tender consideration whereof and as well for the other circumstances herein before stated your Memoralst. humbly hopes your Honors will be pleased to take the same into your mature consideration & in consequence of his sufferings Losses Distress of Mind, Banishment from his Family, his home & from every tender Comfort; make such Report thereof as in your Honor’s Wisdom & Clemency shall seem meet & equitable, & yr. Meml. As in Duty bound will ever pray.
