THE LAWS OF JAMAICA, Passed by the Assembly, And Confirmed by His MAJESTY IN Council, Feb. 23. 1683.

To which is added, A short Account of the Island and Government thereof. With an Exact Map of the Island.

LONDON, Printed by H. Hills for Charles Harper at the Flower de Luce over against St Dunstan's-Church in Fleet-street. 1683.

TO THE READER.

Reader,

I Have now neither time to write the particulars of the History of that Flou­rishing Island of Jamaica, nor conveniency to insert it into this Book of the Laws of that Country, because I should thereby make it to swell be­yond the intended convenien­cy of a Pocket-Book. But for the better satisfaction of any that may be inclin'd to remove themselves to that Island, I have been desired to write [Page]this short (but true) account of that Country; which please to take as followeth.

The Island of Jamaica fell first into the Possession of the English the 10th. day of May, in the year 1655. The Middle of it is situated nearest in 17 degrees 40 minutes of North Latitude, so that their longest day from Sun Rising to Sun Setting is 13 hours 4 minutes, and their shortest 10 hours 56 minutes, The difference of Longitude, from the Meridian of London, to the Meridian which passes over Port-Royal (the chiefest Town there,) is 78 degrees 45 minutes West­ward, which causes 5 hours 15 minutes difference in time, so that when it is Noon-day [Page]there, it is a quarter of an hour past 5 in the Afternoon in Lon­don. The length of the Island lies nearest East and West, and is accounted to be 180 Miles, and the bredth in the broadest part of it 45 Miles, so that its Figure is nearest an Oval. It lies under that which is called the Torrid Zone, ne­vertheless the Air is moderate­ly temperate, occasion'd by the long absence of the Sun every night, by the strong Easterly Breezes which generally blow from 8 or 9 in the Morning to 4 or 5 in the Afternoon, and by the Land Wind, which is a small cool Breeze that comes off the Shoar from all parts of the Island in the Evening, and blows gently all [Page]Night. The Nights are for the most part fair, and not a Cloud to be seen in the Sky, so that by their clearness and coolness they are exceedingly pleasant; The Day time is much more hot and trouble­some, by reason of the Sun, and the Sea Wind, which most days blows very hard; If the weather be such as is ac­counted seasonable, it com­monly rains a shower in the inland parts under the Moun­tains more or less every Day, about 1 or 2 a Clock, from the beginning of April, to the beginning of December, with Thunder and Lightning, and this makes the Island fertile, especially if accompanied with those they call the general sea­sons, [Page]which are commonly great rains in May and Novem­ber, that continue Night and day with small intermission for 8 or 10 Days together, but these failing (as sometimes they do) is prejudicial to all things in the Country; the rest of the Year is for the most part very fair and delicate weather, with­out much rain. Thunder, or Lightning, and not at all too hot. There are Earthquakes sometimes, two or three per­haps in a Year, but so moderate that they are over before one can well be sensible what they are, and never have yet been so violent to do any harm, The Middle parts of the Island are very full of Mountains, which towards the Eastward [Page]end of it, are so high that they are not habitable, scarce accessible, These Mountains for the most part are covered with large Timber-trees of di­vers sorts of Wood fitting for building and several uses, as well as for bearing many sorts of Fruits, which maintain great plenty of Pigeons, Doves, Parots, and other sorts of Birds, and also of wild Hoggs, all very good for food, betwixt these Mountains there run many Rivers, several whereof by the acquisition of divers of the smaller Rivulets become large, but few Navigable, by reason they are for the most part barr'd at their falling into the Sea, and many of them sinking into the ground (when [Page]they come into the Low­lands) before they can reach thither; these Rivers are well stored with good Fish, Mul­lets, Creafish, and Eeles, such as are in England, the rest strangers to the English Cli­mate, though all very sitting to be eaten. The Sea about this Island is also plentifully stored with many sorts of ve­ry good Fish, and likewise with Tortoise, and Manates, both pleasant and delicious Food. The Low-lands and Plain grounds, are where the People generally Inhabit, and in these are Level tracts of several Miles in length and bredth, like our Meadows, (full of Grass) called Savan­nas (which Name they retain [Page]from the Spaniards) in these are bred great plenty of Cattle, Sheep, Horses, Asses and Mules, sufficient both for food and service, there is also in the Country great stocks of Hogs, Hens, Ducks, Pigeons, Rab­bets, Turkeys, and divers kinds of wild Fowl, and also suffi­cient stores of all sorts of Gar­den Herbs and Roots, Pulse and Sallads, and with excel­lent Fruits, some known here, as Grapes of divers sorts, and from several Countries, Le­mons, Oranges, Citrons, Pom­granats, and Musk Mellons, besides other very good Fruits, proper to that Country, as the Celebrated Pine, & many more not much inferiour to that incomparable Fruit, and that [Page]which makes these Fruits of the more use and beauty, and the Country thereby the more pleasant, is, that they (as well as the leaves on all the Trees) continue all the Year, there being no Winter, or decay, but a continual Spring, on every seasonable shower of rain, so that there is nothing wanting, for a necessary, plen­tiful, or delicate living; In this Island are many conveni­ent Harbours for Shipping, besides several Bays and Roads fitting for the landing or take­ing off of Goods: The chief­est of these is Port-Royal, which in its safety for Ship­ping, depth of Water clean­ness of Ground, and conve­niency of the Shore and [Page]Wharfs, for lading and un­lading of Shipping, may compare with any in the known World, and to add the more to the security of this, and the other Harbours of this Island, those dreadful Hur­ricans, which often afflict the Islands of Barbados, Nevis, &c. never yet came near this Country. Adjoyning to this Harbour, on an Isthmus of Land, is a handsome Town of the same Name, built from the Foundation by the Eng­lish, the ground it stands on is but 53 Acres, and cannot be inlarged in its buildings o­therwise then what the Inha­bitants gain by the height of their Houses, for it's incom­passed all round with the Har­bour [Page]and Sea, unless on the East part, and there the Isthmus being narrow, is cut off from the Sea to the Harbour, with a strong and well fortified Wall, built with Brick and Stone, and sufficiently Gunn'd, to secure the Town from any attempt from the Land part, without which Wall none are suffered to build, that so there may be no shelter for an Ene­my; This Town for its bigness is very Populous, and contains about a 1000 Houses, many of which are built with Bricks, and beautified with Balconies, after the modern way of build­ing in London; the Streets are also regular, and kept very clean; there is also in it a fair Church built with Brick [Page]and Stone, and handsomely finished within, and for the defence of the Town and Har­bour, there are 5 Forts strong­ly built with Stone, on which are mounted about 110 large Guns, all kept in good order; hither resort most of the Ships, here is the Custom-house, here live the Merchants, and here is mannaged the chiefest part of the Trade of the Island; To this Harbour belongs a­bout 100 fine sailing Sloops, from about 12 Tuns to 40 Tuns in bigness, most of them built in the Country, which find very good imployment in trading and carrying goods about the Island, and to the Spaniards, catching of Tor­toise, and other ways, by which [Page]their owners live very well. About 7 Leagues to the West­ward of this is an old Harbour, a very large, good and safe Harbour for Shipping, and here also is a small Town built, which daily encreases, as the inland parts of the Country a­bout it, are more and more setled and planted; More Westerly is Carlisle Bay, a safe Road for Shipping, and there is likewise built a pretty Town of that name, of about 100 Houses, which has a fine Trade, that also increases, as the Coun­try does in Plantations; farther West is Bluefields Bay, and o­ther good Roads, and the like there is also in St. James's, St. Anns, and St. Maries, on the North side of the Island, and [Page]in the Parish of St. Georges in the North-East parts, is Port Antonio, a safe and good Harbour, and such ano­ther in the South-East part, called Port Morant, besides divers good Bays more on the South side, as Morant Yallahs, &c. So that there want not conveniencies for the Import­ing or Exporting of their Com­modities, in any part of the Country. There are no Poy­sonous or hurtful Creatures known to be in this Island, nor any voracious but the Cro­codil, of which though there are many in the Sea, and the Rivers, yet it is rare to hear of any injury done by them. There is but one Town in the inland parts of the Country, [Page]and that is called St. Jago de la Vega, it is seated near the banks of a fine River on the one side, and on the other is A large Plain, or Savanna of several Miles extent, it is a­bout 6 Miles from the Sea of Port Royal Harbour, and was built by the Spaniards many years since, and in their time was a large Town, and well built after their manner, but on the first Peopling of the Island by the English, (when they were only an Army) ma­ny of the Houses were de­stroy'd by the Souldiers, and have not since been rebuilt, because the trade of the Coun­try consisting wholly of Plan­ters and Merchandizing, the one sort whereof living scatte­red [Page]about the Country as Farmers do in England, and the other dwelling in the Sea­port Towns, there is no occasi­on in the Inland parts for such a Community of Men to dwell together, as that Town would have receiv'd had it continued in its former greatness, yet here are still many Streets, and fair Houses, here is also the seat of the Government; The Go­vernours House and Chief Courts of Justice, here the As­sembly met, and here are kept all the Records of the Island.

The chiefest Commodity that this Island makes, is a sort of Muscovadoe Sugar, that ex­cells any that is made in any other of his Majesties Plantati­ons, the quantity of which [Page]increases so much every Year, that it gives Addition to the number of Ships Trading thither; besides this Sugar, there are great quantities of In­dico, Cotton, Ginger, Tobac­co, Piemento, Cacaes, Hydes, Achiots, Tortoise-shell, and divers sort of dying, and o­ther woods, for fine Joyners work, and Cabinets growing there, all which Commodities are as good in their kinds, as are in any Country, and ex­cepting the Sugar, Indico, Cotten, Ginger and Tobacco, are peculiar to this, and are in no other of His Majesties Plantations; there are also many other accidental Com­modities brought in from the Spaniards, as Log-wood, Plate, [Page]Pieces of Eight, Gold, Pearl, E­meraulds, &c. by means of which Manufactory and Trade, there is not less then 20 Sail of Ships of 300 Tuns a piece Bur­then, and upwards, besides o­thers, which only use that Voy­age, and of all sorts above 100 sail of Ships now laden every Year, and as the Island fills with English, and is supplyed with Negroes, the Trade and Shipping will both encrease; This Island depends wholly on His Majesty, without any other Proprietors or Compa­nies, and ever since His Ma­jesties happy Restoration, he has been graciously pleased it should be Govern'd by a Go­vernour fully Impowered by His Majesties Commission, [Page]who has a Council consisting of 13 of the gravest and chief­est Gentlemen of the Island, to advise with on all occasions, and to them, when it is re­quisite, there is called an Assem­bly of Two and thirty of the Gentlemen of the Country, chosen by the Free-holders from among themselves, by vertue of His Majesties writ, which to that end is Issu'd out by the Governour, into the se­veral Precincts of the Country; These together with the Go­vernor, and Council make such Laws as are necessary for the well Governing of the I­sland, and to the making of any Law, there must be the consent of the Governour, Council, and Assembly, as [Page]three distinct States, of which if any one dissent, no Bill can pass into an Act, so that the making of Laws there, is As­similated as near as may be, to that of our Native Coun­try of England, and these Laws so made, are of Force at all times, until His Majesty be pleased to declare his pleasure to the contrary, And for the Incouragement of any of His Majesties Subjects to go thi­ther, with intent to settle and Plant, His Majesty is graci­ously pleased, to give every Man for himself, Wife, Chil­dren, and Servants, and all he brings with him (or shall at any time after import) 30 Acres of Land for every head, in any part of the Island, that [Page]they themselves shall choose, which is not already possest by others, they paying only the common charges of the Sur­veying and the Patent; and this passes to the Possessor, his Heirs, or Assigns for ever, by his Majesties said Grant, under the great Seal of the Island, in common Soccage, which Patent being enrolled, in the Office for that purpose established there, is good a­gainst His Majesties claim, or any pretenders whatsoever, though the Patent it self, should happen to be Lost, Burnt, or any otherwise destroyed, the manner of the civil Govern­ment there is as in England, by Sessions of the Peace, Justices, Constables, and o­ther [Page]necessary Officers, which are appointed in the several parts of the Country, as there is occasion, that Justice may be equally distributed; And for the Military Government, and defence of the Island, every Man from 16 years old to 60, is obliged (in 6 weeks after arrival with intent to settle there) to list himself in what Company of Foot, or Troop of Horse, he pleases, but ha­ing listed himself, he is not to remove at his pleasure, except he goes to dwell in some other part of the Country, and then he must list himself in that Regiment, where he goes to reside; Of this Militia (it be­ing no otherwise) the Gover­nour is Captain General, who [Page]is impower'd by his Commis­sion, to make under him Co­lonels, Captains, and all other Officers, which Train and Dis­cipline their respective Soul­diers, and take care that they keep good Arms, well fixt, and sufficient stores of Ammu­nition always by them, that so they may be ready on any oc­casion. The Town of Port Royal has in it one intire Regiment of this Militia, consisting of 10 Companies, one of which Companies mounts the Guard successively every night, and keeps Watch in the several Forts, in as good order as is used in any regular Garrison, that is in pay. For the tryal of Titles of Land, decision of controversies, and recovery [Page]of debts, there are several Courts established, the me­thods whereof will here fol­low, written by an ingenious Gentleman, who has been a long Practitioner in the Courts and Laws of that Country, as well as in the Laws of England.

THE PREFACE.

HIS Majesty having been graciously pleased (with the advice of the Lords of the Privy Council appointed a Committee for Trade and Plan­tations) to give His Royal As­sent to several Acts made by the Governour, Council and Assem­bly of Jamaica; it was thought fit to Publish the same, as well for the benefit of its Inhabitants, as all others His Majesties Sub­jects who may Trade or be any ways concern'd there; but for prevention of Mistakes (lest [Page]strangers to Jamaica, might think these few Acts were all the Laws and Privileges of that Island, which might lessen it in their esteem, and discourage some from adventuring them­selves or their fortunes thither) I was desired by some Persons of Quality, to give a more particu­lar account thereof, in observance of whose commands, and respect I bear the place, I promised my endeavours, but must be very brief, for that the Book is in the Press ready to come forth; wherein I may be the more ex­cusable since a Gentleman who has lived long in, and very well knows that flourishing Country, hath here already given so good a description of the Island which (as he saith) was taken from the [Page] Spaniards in the Year 1655, and I may add in the 7th. year of his now Majesties Reign, who when he came to exercise His Royal Authority was pleased to own what his Subjects had done (which was the same as if he had Commissionated them) and among other his glorious Ti­tles descended to stile himself Lord of Jamaica by whose spe­cial grace and favour we have hitherto all the Laws and Pri­viledges of English Men exer­cised and continued amongst us there. These Acts now Printed being only By-Laws for better Government of the Plantation (which in some case requires diffe­rent Regulations from the King­dom of England, as some Coun­ties for Stanneries, Fens, &c. [Page]do here) and for raising such necessary customs as may defray the Publick charge of that Coun­try, for all Judges and Justices in Jamaica determine all Pleas there according to the Laws of England; pursuant whereunto that Island hath been Govern'd, except some little Variations for ease and benefit of a new settle­ment, as our proceedings being all in English, our pleading ge­neral Issues and giving special matters in evidence, our suits being more concise and far less chargeable than in England, the Practice of our Courts there much more plain and intelligible. To begin with his Majesties Su­pream Court of Judicature (so called) which hath the same Ju­risdiction with the Kings-Bench, [Page]Common-Pleas, and Exche­quer at Westminster, and is held 4 times in the year as the Terms in England, viz. every last Tuesday in February, May, Au­gust and November, which con­tinue each time about a Week, and therein are first determin'd all Pleas of the Crown, then follow Common-Pleas, &c. The Judges of that Court being Commission'd by his Majesty or his Gover­nours are always 5 or 7 whereof not less than 3 can try any cause and they consist of the most con­siderable Gentlemen of the Island both for Parts and Estates, and usually the Chief Justice is one of the best Quality, who hath practised and is well read in the Laws of England; tho few of them are so learned as the Judges [Page]here, yet they are Men of the greatest sense and reason (whereon all Law is or should be grounded) This Court is not Burthen'd with many Officers, for one called the Clerk of the Grand Court is Prothonotary Custos brevium, &c. Nor do we trouble our selves with many sorts of Writs, as Ori­ginals, Capias, Alias or Pluries, very rarely or never, arresting any Person of known residence, on­ly send him a Summons to appear next Court, and that he may come provided, a Copy of the De­claration is always left with the Summons, which being served 8 days at least before the Court, the Defendant is bound to appear, plead, joyn issue, and come to Tryal the very next Court, or Judgment will pass by default, [Page]no Imparlance being allowed with­out special cause, as on oath that he hath material Witnesses, and hath endeavoured, but cannot Subpoena them. In Tryals we have not several Venire's nor a particular Jury for every cause, unless in some special matter of great import, but by a gene­ral Venire, the Marshal pre­pares enough for four or five setts of Jurors, not knowing what issues they are to Try (which prevents packing or par­tial returns) who are impannel'd in Court, and put upon the Crown side, or Common Pleas, in such causes as the Judges extempore direct. And the same Jury usually Tries Six or more at a time, as the Court thinks their Memory, may well [Page]bear, for help whereof some of them take Notes; also they are permitted to take with them the Record it self with all Papers or Deeds proved in Court, most of our actions there being plain matters of Debt or Accompt and some few Ejectments, Writs of Dower, Partition, &c. The Ju­rors indorse their Verdict on each Record which is deliver'd in Court to the Clark, who of course enters Judgment unless it be arrested, which every one may move the last day of the Court, but is rarely granted without very special cause pre­sently made appear; but if such motions are ever favoured it is in excessive damages on action of Slander or frivolous Tres­passes which are usually discoun­tenanced; [Page]we are not intreagu'd with dilatory Writs of Inquiry, but when any judgment is con­fess'd or passeth by nil dicit in case, &c. the next Jury happen­ing to be trying issues in Court take the Record and Assess Da­mages presently. And for ease of those who live by their labour to prevent unnecessary atten­dance and expences, all Actions depending that Court or Term, are called and tryed alphabeti­cally beginning with the Plain­tiffs names; so all parties witnes­ses, &c. may guess on what day such a letter may come on, and accordingly give their atten­dance. Fourteen days after the beginning of the Court Execu­tion issues, for which we have but one Writ comprehending both [Page]a Fieri fac and Capias ad sat. (viz.) to levy the Debt and Costs of the Defendants Goods, or if he have none, then, to take his bo­dy, but because no general Impar­lance is allowed before, we in a Manner give one after Judg­ment: For that no man may be ruined by hasty surprise and sale of his goods, the same after sei­zure in Execution may be retur­ned, but must be left in the De­fendants hands to dispose to most advantage (if he end not with the Plaintiff) so as to bring the money into next Court, where­in if he fails, then a Venditi­oni exponas issues to the Mar­shal to sell them or any other goods or take his body: Before or after which the Defendant is at liberty to bring his Writ of Er­ror [Page]returnable before the Gover­nour and Council though it is very rarely practised, such Writs meeting with very little encou­ragement in just Debts. His Majesty hath also constituted in this Island a Court of Chan­cery wherein the Governour him­self always sits as Chancellour, assisted by several discreet Gen­tlemen of eminency as Masters, where Causes are speedily deter­mined without those delays and expences used in England There are also in every Parish or County monthly Courts erected for tryal of all Actions under Twenty pounds, or ad infinitum, with a Justicies out of Chancery, which the Governour cautiously grants on special occasions. Of Judg­ments [Page]in these Courts Writs of Error lie retornable at the su­pream Court, but rarely brought for reason aforesaid. Then eve­ry Justice of Peace (besides the authority of a Justice in England) hath power of hol­ding a Court of Conscience for all matters not exceeding Fourty shillings value. The Quarter Sessions are also held in each Pa­rish or County after the manner of England, and there is a Court of Admiralty at the Town of Port Royal for tryal of Piracy and deciding other Maritime af­fairs, from whence we have the liberty of appealing to the Governour there, or to his Majesty in Council here for redress. The Governour al­so [Page]hath power (as Ordinary of the Diocess) for probate of Wills, granting Administrations and determining all controversies concerning the same; But Ec­clesiastical or Spiritual Courts are not yet known in this I­sland, Nor are Purchasers here incumbred with bad Titles for that Register (so much wished for in England) is here establish­ed where all Conveyances being acknowledged are to be enroll'd within three months, if the Cog­nisors inhabit there; But if any persons Feme Coverts or others residing in England, and inte­rested in any Lands or Planta­tions there shall desire to dis­pose of the same here, they must seal and deliver their deeds be­fore two or more credible Per­sons [Page]going for Jamaica, who at­testing the same before a Judge there, the same may be enrolled in Six months, and shall be as valid in Law, as if done by Fine, Recovery or otherwise. In which case I should advise the Purchaser to take by way of Lease and Release, and to have two parts at least of each, with Covenants for further assurance, &c. that if one part happen to miscarry, he may require ano­ther, yet so as always to keep one here, lest any breach of Cove­nants should happen. And since this publick Register or Office of Enrolments is found of such ge­neral use, that no Purchaser or Lender of money can be decei­ved in his Title, it may not be unseasonable (for advancement [Page]of our Plantation Trade, and consequently enriching our na­tive Country of England, the great Receptacle of all our wealth) to encourage monied men (who expose it here at 4, and 5. per cent. yet cannot get satisfactory security) to adven­ture some of it for Jamaica, where they may have unquestio­nable security, by men of visible estates, or good Mortgages, for neither Persons nor Estates can be there incumbred, but they must be discover'd either by the afore­said Register or report of their Neighbours, who generally more intimately know and better ob­serve each others Affairs than they can in England. Nor was it ever known that any Mortgage hath been defeated or Title pro­ved [Page]defective where compared and agreeing with the Register, so that any Persons having mo­nies here to put out, may remit the same to Jamaica by Bills of of Exchange at 20 per cent. or in Commodities (by advice of Merchants here) at 40, or 50 per cent. or more advance, and lend the same at 10 per cent. running only (in Commodi­ties) the risque of the Sea which also is so inconsiderable, that it may be ensured for about 2 per cent. But when they recal their moneys they may expect 15, or 20 per cent. loss on their returns though sometimes they gain also back which loss when it happens may be attributed to the difference of our Coyns here and there, Jamaica money being [Page]about ⅕ more in value there than it will yield in England. And such Adventurers have this fur­ther encouragement, that all real Securities there are meliorated (being certainly emprovable) the longer they continue planted, whereas lands here usually de­crease in value. It might also turn to much greater advantage then the best way of employing money in England To purchase Plantations there, many good penniworths frequently offering, as may be found by inquiry here of such as have estates there, though usually those that have least do most undervalue the place: For if Jamaica lie under any ill character she owes it to some few Prodigals who having Riotously consumed that little [Page]they carried thither, and being through ignorance or laziness in­capable of any imploy, come home and rail against the Country, to justifie their unprofitable voyage and return. There is also ano­ther imputation on Jamaica, viz. the difficulty of getting due returns and recovery of just Debts. To the first it hath usu­ally more noise than substance, for many men of declining fortunes, to deceive their Creditors, or otherwise, boast of great concerns there, and disappointments by their Factors and Agents, &c, when really they have little or nothing in the Island, for if they had, the Law is open and much more cheap and expeditious re­medies to be used there than in England, though indeed as to [Page]the second some have herein met with obstructions partly occasio­ned by a former Law indulging all new Comers for 5 years a­gainst prosecutions for forreign Debts: But that being now thought a disparagement to so po­pulous and opulent a Colony, was dislik't by the Lords Committees and is not confirmed: Other inconveniencies some have met with for want of due infor­mation how to draw their proofs an procurations: I would not encourage any litigious suits, but for instruction of honest Cre­ditors against able Debtors, I should prescribe this method, that all Letters of Attorny be Attest­ed by Persons going thither, who may prove the same vivâ voce, which being recorded there, is [Page]good though the witnesses die or return, whereas Persons usually send procurations under Corpo­ration seals which are not there admitted for that better proofs may be easily had as aforesaid; But such cannot always be found for Debt: In such case the Law there is so favourable to admit depositions attested under the seal of the City of London or other Corporations, but then the Plaintiff would do well to give due credit on Oath for what he hath received, or else the De­fendant may have just occasion (with security) to delay him by Injunction till he answer his Bill in Chancery: Or if the Debt accrews by Specialtie, the Ori­ginal bond it self must go over, it being unreasonable to recover [Page]against any man on a Copy, yet the Bond it self lie out against him; nor can indorsments nor truth so well appear unless pro­duced in Court. If any Bill of exchange be drawn from Jamai­ca which will not be paid here, one of the original Bills must go back doubly protested as well for non acceptance as for non pay­ment, and in mistaking these or such like measures (grounded upon Law and Reason) many have been baffled or delayed and then causlesly reflect on the Ju­stice of the Island. This is what occurs at present about our Temporal Laws. I may also add that the People are gene­rally of the Church of England, and I am confident, in no part of the Kings Dominions hath his [Page]Majesty more truly Loyal Sub­jects for the number of its Inhabi­tants, than are in Jamaica: We have very few Papists or Secta­ries, for neither Jesuits or Non­conformist Parsons do or can live among us; some few have at­tempted, but never could gain Proselytes enough to afford them sustenance (though all except Pa­pists may freely exercise what Re­ligion they please without distur­bance) But for able orthodox Di­vines there is so great encourage­ment that it's to be admired so many can content themselves with such mean or no Benefices in Eng­land, when they may so comfor­tably subsist in Jamaica, for that they are certainly provided for by an Act intituled, For Mainte­nance of Ministers, which see in [Page]this Book Folio 124. Besides which allowances, in most Pa­rishes the Contingencies by vo­luntary presents for Christenings, Marriages, Buryings, and o­therwise with Houses taking Boarders, Schooling, &c. make considerable additions. So that they may live comfortably and lay up; Victuals being as plen­tiful and of the same sorts for Butchers meat, tame and wild Fowl, Fish, Bread, &c. (with more variety) as in England, with this difference that we have green Peas, Beans, Cherries, Asparagus, Musk and water Mel­lons, Pines, Grapes, Oranges, Pomgranats, Citrons, Lemons and hundreds of several other sorts of Fruits in season all the year long. But some are apt to [Page]object the hazard of the Voyage, and unhealthiness of the place; as to the first, It's as safe going to Jamaica as to go in a Wherry on the River Thames, where more Boats are cast away in proportion than Ships going for that Island, for we soon come into a trade Wind and presently sail be­fore it, almost constantly blow­ing from East to West, that is from England to Jamaica. It being rarely known that any Ves­sels miscarry going thither. And this is evident enough if we con­sider the common rate of Ensu­rers at two per cent. who are men of foresight and experience never proposing less then doub­ling their money which they can­not do if but one Ship in an hun­dred miscarry, yet that doth not [Page]happen in time of Peace. Then as to the unhealthiness of the Climate, (there are some who never were abroad think all places beyond Sea much alike, so that having heard of sickness and seasonings for new comers in places lately setled they are apt to impute it without any reason to Jamaica, the Air being always serene and weather constantly temperate, though usually re­puted very hot, yet it's only so comparatively in respect of these Northern Climates, being with us always Summer as if every Month were June. I have ob­served and can experimentally affirm for Twelve years last past Jamaica to be as healthful a place as any part of England, for sober temperate persons, who [Page]have command of themselves, e­specially at first arrival, and can moderately drink one third Wine with two thirds Water, but one the other side I think it as pernicious a place to debauch in, as any in the World, and this so necessary vertue of sobriety be­ing more habitual in the other Sex, makes the place far less fatal to them then men, whereof usually ten dye in proportion for one Woman, as appears by the yearly Bills of Mortality on Port Royal (which is the London of Jamaica) and it is not ex­traordinary, if we also consider the nature of the Climate (as it really is,) most propitious to Child-bearing Women who are not so subject to Miscarriages, Distem­pers, Pains or Difficulties before, [Page]at or after Delivery, as they are in England, for being always Sum­mer, there is no danger of catch­ing colds, nor need of Fires in their Chambers, no Rooms there having any Chimnies except the Kitchen which is usually apart from the dwelling house. In Jamaica the Women after Child­bed are strong and lusty at three days end, and about House again in a week; nay some Negro Women are at work in the Field the same or next day. I have been often questioned about the Natives of our Island whether they were not a terror to us, &c It may not therefore be imper­tinent to declare that Jamaica is wholly Inhabited with Eng­lish, who found none there but Spaniards, which were soon [Page]beaten off, and are long since in battel or by flight extirpated, though perhaps it was formerly very populous with Indians, but those were destroyed by the Spa­niards, so that we have no Na­tives at present but Chil­dren of the English, or their Negro Slaves (which are im­ported thither as Merchandize from Guiney and other parts of Africa) of whom we are in no such fear or danger as in lesser Islands. But Jamaica is of too vast an extent for any such surprize, being in many places divided with mountains of dif­ficult access, and great Rivers not passable but by Boats or Ferries, which dare carry no Ne­groes without a written Tick­et or Licence from their Master [Page]or Overseer. And if any Slave be found wandring out of his Masters Plantation any person may seize and carry him to his Owner or next Of­ficer and receive a certain reward. By which and other expedient me­thods, it's safer living or travelling in Jamaica than England, we having rarely any House-breaking or Robbery, for want of receivers, most persons there generally knowing each other as they do in Country Cities here, though there are few Inns for Travel­lers, yet they are better and cheaper accommodated at Planter Houses, who are generally very Hospitable and are conveniently dispersed over the whole Island, for all Jamaica is set­led by the English from one end to the other, though in some places more thin than others. The Houses indeed are not so close as in some parts of England, yet usually the Planta­tions are contiguous, for a great Sugar work requires some hundreds of Acres for Canes, Wood, Provisions, Pasture, &c. yet most of the Planters, are [Page]forward enough to spare some of it to a good Neighbour on reasonable terms. The Wood-lands are common­ly cleared and used for Planting, but there are vast even Meadows called Savannas, for grazing of Horses, Cattel, Sheep, &c. which we never cut nor make any Hay of, having Grass all the year long, though some­times a little too much dryed or scorched by the Sun, when many pur­posely set it one Fire, the ashes whereof mannure and emprove the Ground against another Crop, which will suddenly spring again with the next gentle showers or without, by the great dews which there fall in the night, and in the mean time the Cattle retire to other pastures in shady Woods or lower Marshes; it is also observable that our Horses are generally swift, but few or none of them shod, yet will gallop the most stony way, and climb steep Rocks like Goats, nor are they troubled with near so many distempers as Horses in England, it being common (though [Page]never so hot or hard ridden) to turn them presently grazing, but the Horses are usually of so small a breed that all Gentlemens Coaches (which are there very numerous) go with six Horses a piece, we have also se­veral Hackney-Coaches. The man­ner of living there for gallantry, good Housekeeping and Recreations (as Horse-Races, Bowls, Dancing, Musick, Plays at a publick Theatre, &c.) sufficiently demonstrate the flourishing condition of the Island, yearly increasing as well in number of Inhabitants as in wealth and plen­ty, being most commodiously seated in the midst of the Spaniards, so that we drain the benefits of their Gold and Silver Mines without their Labour and expences. The Town of Port-Royal, being as it were the Store­house or Treasury of the West-Indies. is always like a continual Mart or Fair where all sorts of choice Merchandizes are daily imported not only to furnish the Island, but vast quantities are thence again Transported to supply [Page]the Spaniards, Indians, and other Nations, who in exchange return us bars and cakes of Gold, wedges and piggs of Silver, Pistols, Pieces of Eight, and several other Coyns of both Mettles, with store of wrought Plate, Jewels, rich Pearl Necklaces, and of Pearl unsorted or undrill'd several Bushels; besides which, we are furnished with the purest and most fine sorts of dust Gold from Gui­ney, by the Negro Ships, who first come to Jamaica to deliver their Blacks, and there usually refit and stay to reload three or four Months, in which time (though the Companies Gold may be partly sent home) yet the Merchants, Masters of Ships, and almost every Mariner (having pri­vate Cargoes) take occasion to sell or exchange great quantities; some of which our Goldsmiths there work up (who being yet but few) grow very wealthy, for almost every House hath a rich Cupboard of Plate which they carelesly expose, scarce shutting their doors in the night, being in no [Page]apprehension of Thieves for want of Receivers as aforesaid. And where­as most other Plantations ever did and now do keep their accounts in Sugar, or the proper Commodities of the place, for want of Money, it is otherwise in Jamaica, for in Port Royal there is more plenty of run­ning Cash (Proportionally to the number of its Inhabitants than is in London, which (among other wor­thy Acts) we chiefly owe to the pro­vident care of his excellency Sir Thomas Lynch our present and for­mer Governour, who about Ten years ago (by advice of his Majesties Council there) raised the value of our current Coyns about ⅕ more than they will yield in any other part of Christendom, so that none care to car­ry Money off but bring great quantities thither, which occasions the daily in­crease of our Sugar works and other profitable Plantations, and gives great incouragement to the Gentle­men Planters in other adjacent Islands and Plantatione to remove [Page]and settle amongst us, being there obliged to use trash, and Sea-Coals to boyl their Sugar (which renders it not so good as when made with quick wood fires;) nor are they here at so great charge for Horses and Cattle to do their work, nor pent up in such narrow Plantations for want of Land as in those small Islands, nor subject to many other incon­veniencies incident to little Coun­tries and small numbers of People. This Island of Jamaica being very Capacious, and supply'd both from abroad and in it self with great Plenty of all things necessary.

F. H.

INDEX

  • AN Act appointing the number of the Assembly, pag. 4.
  • An Act for regulating Servants, pag. 6.
  • An Act for the High-ways, pag. 22.
  • An Act appointing the prices of Meat, pag. 30.
  • An Act against Blasphemy, and for preventing disorders in Ale-Houses, Taverns and Victualling-Houses, pag. 33.
  • An Act impowering Justices of the Peace to decide differences not exceed­ing Forty shillings, pag. 37.
  • An Act rating Liquors sold by Re­tail, pag. 42.
  • An Act for Compensation of Mr. Nicholas Scarlet, pag. 44.
  • An Act for the restraining and pun­ishing Privateers and Pyrates, pag. 46.
  • An Act ascertaining the Quit-Rents and manner of the Receipt thereof, pag. 55.
  • [Page]An Act for preventing damages in Plantations, preserving of Cattle and regulating Hunting, pag. 62.
  • An Act securing the Purchasers of Thomas Bun's Land upon Port-Royal, pag. 75.
  • An Act encouraging the Importati­on of White Servants, pag. 78.
  • An Act for Registring of Deeds and Patents, pag. 82.
  • An Act for the Ferry between St. Katherines and St. Andrews, pag. 93.
  • An Act impowering the Church­wardens of St. Katherines to receive Twelve pence per Tun for all goods made up, in Cask that are Landed on, or Shipped from the Bridg at Passage-Fort, for maintaining and repairing the same, pag. 97.
  • An Act for Confirmation of Pious, Charitable and Publick Gifts and Grants, pag. 100.
  • An Act declaring it High Treason to counterfeit His Majesties Broad Seal of this Island, pag. 103
  • An Act for clearing of Rio Cobre above and below Caymanas, pag. 105.
  • [Page]An Act for regulating Building and preventing Fire, pag. 115.
  • An Act for the maintenance of Mi­nisters and the Poor, and erecting and repairing of Churches, pag. 124.
  • An Act ascertaining the value of Forreign Coins, and establishing In­terest, pag. 139.
  • An Act for the better securing cer­tain Titles made by way of Release and confirmation under the Great Seal of this Island, pag. 145.
  • An Act for setling the Militia, pag. 148.
  • An Act for prevention of Law Suits, pag. 166.
  • An Act for establishing Courts and directing Marshalls proceedings, pag. 171.
  • An Act appointing where the Laws of this Island shall be lodged, pag. 193.
  • An Act for raising a Publick Im­post, pag. 198.
AN EXACT MAPP OF IAMAICA

Seala Miliarum

LONDON Printed for Charles Karper over against St Dunstans Church in fleet Street

At the Court at Whitehall, the 23d. of February, 1682.
PRESENT The King's Most Excellent MAJESTY.

  • Lord Keeper.
  • Lord President.
  • Lord Privy Seal.
  • Duke of Ormond.
  • Duke of Beaufort.
  • Earl of Oxford.
  • Earl of Chesterfield.
  • Earl of Sunderland.
  • Earl of Clarendon.
  • Earl of Bath.
  • Earl of Craven.
  • Earl of Ailesbury.
  • Earl of Conway.
  • Earl of Nottingham.
  • Earl of Rochester.
  • Lord Bishop of London.
  • Mr. Secretary Jenkins.
  • Mr. Chancellor of the Exchequer.
  • Lord Chief Justice Pemberton.
  • Mr. Godolphin.

WHereas by the Powers gi­ven unto Charles Earl of Carlile, late Governour in Chief [Page 2]of the Island of Jamaica, and in his Absence to the Commander in Chief thereof for the time then being, Dated the Third day of No­vember, in the 32d Year of His Majesties Reign, as also by a Com­mission unto Sir Thomas Lynch, Knight, now Governour in Chief of the said Island, bearing Date the Sixth Day of August, 1681. His Majesty has been Graciously Pleased to Authorize and Impower the Governour, Council, and As­sembly of the said Island to Con­stitute and Ordain Laws, which are to continue and be in force un­till His Majesties Pleasure be sig­nified to the contrary. And for­asmuch as certain Laws have in pursuance of the said Powers and Commissions been transmitted unto His Majesty, with the Humble De­sire [Page 3]of the said Council and As­sembly, that His Majesty would be Pleased to pass the same, in the Words following.

An ACT Appointing the Number of the Assembly.

BE it Enacted and Ordained by the Governour, Council, and Assem­bly, and it is hereby Enacted by the Authority of the same, that in every Assembly hereafter to be called by His Majesties Writs, and held within this Island, there be Chosen Three Repre­sentatives for the Parish of St. Catha­rines, the like number for the Parish of Port Royal, and Two for each other of the respective Parishes that now are, or hereafter shall be in this Island; and that the Provost Marshal, or his Law­ful Deputy, give to every Person Elected, within ten Days after his Election, no­tice that he is so Elected.

Provided always, that every Person Elected shall be a Free-holder in this Island, and that none have Right to Vote in any Election, but those that are Free-holders in the same Parish Where the Election is to be made.

An ACT For Regulating Servants.

BE it Enacted and Ordained by the Governour, Council, and Assem­bly, and it is hereby Enacted and Or­dained by the Authority of the same, That all and every Master or Masters of Slaves, for the first five Working Slaves, shall be Obliged to keep one White Man Servant, Over-seer or Hired Man for Three Months at least; and if the Number increase to Ten, Two; and for every Ten after the first, One, to be Resident in the Plantation, where the Negroes are employed; and if any shall be wanting for the space of six Months of the proportion aforesaid, he, she, or they for every Servant so want­ing, shall forfeit five pounds to the Use of the Parish where such Default shall be made, to be Recovered by the Church-Wardens [Page 7]by Action of Debt in any Court of Record in this Island.

And it is further Enacted and Or­dained by the Authority aforesaid, That all Masters, Mistresses, or Over-seers of Slaves, who shall not truly inform the Constable or Constables, within their several Precincts, when thereunto required, of all such Hired Men, or Servants, and Working Slaves, as shall justly and truly belong unto them, or under their Care, shall forfeit the Sum of Twenty pounds, to be Recovered by Bill, Plaint, or Information in any Court of Record within this Island, where no Essoign, Protection, or Wager of Law shall be allowed; one Third of which Penalty shall be to our Soveraign Lord the King, his Heirs and Successors, for and towards the Support of the Govern­ment of this Island, and the Contin­gent Charges thereof; one Third to the Church-Wardens of the Parish where the Offence shall be Committed, for the Use of the said Parish; and the other Third to the Informer, or he that [Page 8]shall sue for the same. And whatever Constable or Constables shall neglect his or their Duty herein, by not de­manding an Account every Six Months, and returning the same unto the Justices sitting at the next Quarter-Sessions of that Precinct, which they are hereby required to do, shall for every such Default forfeit the like Sum of Twenty pounds, to be Recovered and applyed in manner and form aforesaid.

That all Servants shall have accord­ing to their Contract and Indenture, and where there is no Contract, or In­denture, Servants under Eighteen Years of Age at their Arrival in this Island, shall serve Seven Years, and above Eighteen Years of Age, shall Serve Four Years, and all Convicted Felons, for the time of their Banishment, and at the expiration of the Times aforesaid, shall receive from their last Master, Mistress, or Employer Forty shillings, and a Certificate of their Freedom up­on Demand; and whosoever shall re­fuse, without just Cause, to give such [Page 9]Certificate to Servant, Artificer, or La­bourer, whose Time is expired, or Con­tract performed, shall forfeit forty shil­lings for every such Refusal.

And whosoever shall Employ any Free Person without a Certificate from the the last Employer, of the Performance of his or their last Bargain or Contract, shall forfeit Ten pounds.

That no Person or Persons presume to Trade with any Servant or Slave without the Master or Mistresses Con­sent, on Penalty of forfeiting to the Master or Mistress of such Servant or Slave, treble the value of the things Traded for, bought, or Sold, and also Ten pounds Currant Money of this Island, to be recovered by such Master or Mistress by Action of Debt in any Court of Record; And all Contracts made with Servants or Slaves to be ut­terly void.

That if any Servant or Hired La­bourer shall lay violent Hands upon his or her Employer, Over-seer, or other Person put in Authority over him or her, such Servant or Labourer shall for such Offence Serve his or her Employer without any Wages twelve Months, by Order of any Justice of the Peace on Conviction.

That by the like Order and Convicti­on any Over-seer or Artificer, Hired Labourer or Servant, that shall embezle, purloin, make away, or waste any of his or her Employers Money, Goods or Chattels, not exceeding the value of forty shillings, shall serve, or make Sa­tisfaction, according to the Discretion of any one of His Majesties Justices of the Peace; and if above the value of forty shillings, to serve two Years by the like Order without any Wages, and be further liable, in case that Time will not satisfie; and if any such Person as aforesaid shall embezle, purloin, or make away any Money, Goods or Chattels of any others than their Masters, Mistres­ses, [Page 11]or Employers, they shall incur the same Penalty, and Serve the Party in­jured as aforesaid, after their Time ex­pired with their Masters or Mistresses.

And be it further Enacted by Au­thority aforesaid, That if any Free­man of this Island shall at any time here­after beget a Woman-Servant with Child, he shall (upon due Proof there­of made, which Proof shall be by the Oath of the said Woman, as in other Cases of Bastardy) give good Security to save the Parish harmless; and as a further Punishment for his Offence, and for and towards Satisfaction of the Ma­ster or Mistress of such Servant, shall forfeit and pay unto the said Master and Mistress the full Sum of Twenty pounds currant Money of this Island, and shall likewise provide for the Maintenance of the said Servant and Child, and in case of failure herein, shall serve the Master or Mistress of such Servant, double the time that she had to serve at the time of the Offence committed, or shall procure one in his or their stead, that shall be [Page 12]obliged so to do. And in case one Ser­vant shall beget another with Child, then the Man-Servant shall, after the Expiration of his Term, serve the Ma­ster or Mistress of the Woman-Servant, double the time she had to serve, at the time of the Offence committed.

That any Man-Servant Marrying without the Masters or Mistresses Con­sent, shall serve two Years for such Of­fence; but if any Free-man shall Marry a Servant, he shall be liable to pay the Master or Mistress Twenty pounds, and she shall be free.

That all Suits between Servants and their Masters or Mistresses relating to their Freedom, shall be heard and de­termined by any two Justices of the Peace without any Appeal; and if any Servants absent themselves from their Masters or Mistresses Service without Leave, or a Ticket from their Master, Mistress, or Over-seer, shall for every such Days Absence, serve one Week, and so in proportion for a'longer or [Page 13]shorter time, the whole Punishment not to exceed Three Years.

That if any Person shall turn away any Sick or Infirm Servant, under pretence of Freedom, or otherwise, and such Ser­vant shall die for want of Relief, or be­come Chargeable to any Parish, the Of­fender shall forfeit Twenty pounds of Currant Moneys of this Island, to the Use of the Parish where such Death or Charge shall happen, to be Recovered by the Church-Wardens by Action of Debt in any Court of Record, unless the Party offending shall pay the same, and also receive the said Servant, if Living, and him to maintain during the whole time the said Servant had to serve. But if any Servant, through wilful Misbe­haviour, shall happen to have the French POX, Yaws, or any other Disease, broken Bones, Bruises, Sickness, Im­pediment, or Imprisonment, he or she shall serve their Masters or Mistresses double the Time thereby neglected; and also for all Charges occasioned by reason thereof, at Ten shillings per [Page 14]Month, after their Time by Indenture or otherwise be expired; and also Ma­sters or Mistresses of Servants, who shall receive unjust Molestation by com­plaints or Suits of Law, shall have the same Remedy for their Expences and Loss of Time.

That no Servant be Whipt Naked without Order of a Justice of Peace, upon Penalty of Five pounds, to be Re­covered by the Party Injured by Action of Debt in any Court of Record. And whosoever shall not give to each White Servant Weekly, four pounds of good Flesh, or four pounds of good Fish, to­gether with such convenient Plantation Provision, as may be sufficient, shall forfeit to the Party Injured Ten shillings for each Offence. And whosoever shall not Yearly give to each Servant three Shirts, three pair of Drawers, three pair of Shooes, three pair of Stockings, and one Hat or Cap, and to the Woman proportionably, shall forfeit to the Party Injured forty shillings.

That no Master, Mistress, or Over­seer shall cause or suffer any Christian Servant to be Buried or Interred, until the Body of such Servants shall be view­ed by a Justice of the Peace, Constable, or Tything-man, or by two such Neigh­bours, as the said Justice, Constable, or Tything-man shall choose and ap­point, on Penalty of Twenty pounds currant Money of this Island, unless such Person died Ten Miles from the Dwelling of a Justice, Constable, or Tything-man, and hath been viewed by two of the next Neighbours, and in default of Neighbours, by two of the same Family, or that the said Justice, Constable, Tything-man, or Neigh­bours have not within Six Hours after Notice given, come to view the Dead Body; and whosoever upon Notice given, and Request made to view such Dead, shall not within four Hours af­ter such Notice repair to the view, or on the view finding any suspitious To­kens of the Bodies unlawful Death shall not forthwith give Notice to the Coro­ner, or in Default of a Coroner of that [Page 16]Parish, to the next Justice of the Peace, shall forfeit Ten pounds, which Justice, in such Cases, is hereby empowered to act as a Coroner.

That whosoever shall entertain a Ser­vant, knowing the same to be so, shall forfeit for every Day and Night after the first, five pounds; and not know­ing him to be a Servant, Twenty shil­lings for every Day and Night after the first, so that the whole exceed not treble the value of the Servants time remain­ing to be served with the Master or Mi­stress. Provided, that this Clause ex­tend not to Servants, by Contract made in this Island, but such as are attested by a Justice of the Peace, nor to such as entertain any as bring a Certificate of their Freedom, attested under the Name of a Justice of Peace, though the same be false and forged, or for any other Person whose Name the bringer perso­nateth, but such forger, falsifier, per­sonater, or bringer, and every one of them shall be set in the Pillory, and lose his Ears on Conviction thereof in the [Page 17]Supream Court of Judicature: But whosoever shall entertain a Servant any time, if the said Servant shall be Drunk, Trade or Gain, during the said Time, shall forfeit the Sum of Twenty shillings, the one half to the Parish where the Offence shall be com­mitted, and the other half to the In­former, to be levyed by a Warrant from any Justice of the Peace. And also if a Servant or Hired Labourer shall be guilty of hiding or entertain­ing any Person's Servant or Slave, he shall forfeit one Years Service to the Master or Mistress of such Ser­vant or Slave, or receive Thirty Nine Lashes on the Naked Back at the Election of the Party Injured, to be ordered by any Justice of the Peace to any Constable in the Precincts.

That no Person shall Ride, Load, or Carry on his Employers Horses, Cattle, Carts, and Carriages (or wil­lingly suffer the same to be done) any Goods or thing whatsoever, other than the Masters or Mistresses, with­out [Page 18]such Master or Mistresses Con­sent, on Penalty of Three Months Service for each and every such De­fault.

And all Constables and Tything­men are to be diligent in Apprehend­ing and Searching for Run-aways, on Penalty of Twenty pounds for every Neglect, and upon the Apprehending of Run-aways, if the Master or Mi­stress be known, the Servant shall be carried to the Masters or Mistresses nearest home, on Penalty of Forty shillings; if not known, to the next Common Gaol, and the bringer to receive of Master, Mistress, or Gaoler, Eight pence per Mile, so as the whole exceed not Forty shillings, which said Gaoler is hereby impowered and commanded to receive such Run-away or Run-aways, and to pay unto the bringer Eight pence per Mile as afore­said for every such Run-away so brought to him, on Penalty of Forty shillings; and that it shall and may be Lawful for the Marshal to detain [Page 19]and keep in Custody the Bodies of all such Run-aways so brought unto him, until the Master or Mistress of them, or their Assigns shall pay unto him the full Sum of what he hath so paid for them, with Two shillings six pence per pound for laying out the Money, and so proportionably, and also six pence for every Twenty four Hours the said Run-away hath been in his Custody; and if the said Marshall shall suffer any Run-away so brought to him to escape, before he be duly delivered to his Master or Mistress, or his or her Assigns, that then the said Marshal shall pay unto the Master or Mistress of the said Run-away, so much as he shall be Condemned in by the Verdict of a Jury at Common Law; also any one may take up any suspected Persons, and carry him or her to any Justice to be Examined.

That the Captain, or any other Commission-Officer, shall at the Head of every their respective Company [Page 20]and Troop, Publish, or cause to be Published this present Act once every Twelve Months, under the Penalty of Five pounds.

Provided also, That the several Fines, Forfeitures, and Penalties be­fore mentioned in this Act, and not declared where they shall be Reco­vered, and how Disposed of, be one Moyety to our Soveraign Lord the King, his Heirs and Successors, for and towards the Support of the Govern­ment of this Island and Contingent Charges thereof; the other to the In­former, to be Recovered by Action of Debt (if not exceeding Forty shillings) as all Penalties of Service, before any Justice of the Peace, and if above Forty shillings, and not for Service, in any Court of Record with­in this Island, wherein no Essoign, Protection or Wager of Law shall be allowed, any Law, Custom, or U­sage to the contrary in any wise not­withstanding.

And be it further provided, That no Person or Persons shall be sued, molested, or troubled for any Fine or Forfeiture against this present Act, un­less the Party so Offending shall be sued or impleaded for the same with­in two Years at the most after the said Offence shall be committed.

An ACT For the High-Ways.

FOR the better amending and keeping clear the Common High-ways, and known broad Paths with­in this Island, leading to Church and Market, and for laying out New High-ways, and turning Old High-ways, where it shall be needful, be it Enacted and Ordained by the Governour, Council, and Assembly, and it is hereby Enacted and Ordained by the Authority of the same, that the Ve­stry of each Parish, or the Major part of them shall, on every third Mon­day in January before Noon at their Parish Church, or other Convenient place, choose four or more Free­holders, each seized of at least Thirty Acres Free-hold in Right of himself or Wife, to be Surveyors for the Year ensuing; if the Vestry neglects, each [Page 23]Person absent or negligent shall for­feit forty shillings, and the Justices at their next Sessions being informed thereof, shall appoint four or more such Surveyors as aforesaid, every Person so Chosen or Appointed shall within Ten Days (due Notice being given him by the Clerk of the Vestry) procure himself to be Sworn before some Justice in the said Parish, Dili­gently and Faithfully to perform the said Office for the Year ensuing, and give a just Account to the Justices and Vestry (if required) of what he shall receive, pay, or do, by vir­tue of his Office, on Penalty of Ten pounds Sterling.

That the Surveyor being Sworn as aforesaid, shall within sixteen Days after their having viewed and consi­dered the High-ways and Bridges, in­form the Justices and Vestry of the Defects, Wants, and Alterations need­ful in the same, to the end (as they are hereby empowered) the said Ju­stices and Vestry may lay a Tax of [Page 24]such Money, Labour, or other things, as to them shall seem convenient and necessary, which if the Justices and Vestry shall not do before the last day of February in each Year, then the said Surveyor shall make such Tax in Writing, which being Confirmed by any two Justices in the said Parish, shall stand good till some Complaint be made at the Quarter-Sessions in that Parish, and the Justices then and there to confirm or alter the same without Appeal from thence.

That the High-ways be sixty foot wide in standing Wood, forty foot where the Wood is onely on one side, and twenty four foot in open Ground, and that the Surveyors have Power to cut down, dig up or remove as well all sorts of Trees, Bushes, Prickle, Fences, Rails, Gates or Inclosures, or other thing or things, as may any ways straighten, hurt, hinder, or incommode the High-ways, as also to dig for Stone or Gravel, Clay, Marl, Sand or Earth in any Land not [Page 25]Planted or Inclosed, as Yard or Gar­den to a House, or to Press any Cart, Carriage, Workman, or other thing fit to be employed in the High-ways for such Reasonable satisfaction to the Parties concerned, as such Surveyor can agree for, and in case of Disagree­ment, such as the next, or any Justice in the Parish shall appoint. Provided Nevertheless, that where Gates are, or shall be erected, of at least Ten foot be­tween Post and Post, or the High-way streightned by Inclosure on both sides, but the way so well kept by Causey­way or otherwise, that two Carriages may meet and pass each other, and the Ground as firm as is necessary, then the said Surveyors shall forbear to pull down or remove such Gates or Fences, any thing herein seeming to the contrary notwithstanding. But if any Person shall again erect, or cause any Nusance, in the High-ways, which was by the Surveyor removed, for such Offence he or they shall for­feit five pounds.

And in Case where a New Path or Road is wanting, or where Old Ways may, with more Conveniency be turn­ed or altered, or where to some Plan­tation or Plantations no High-ways are yet laid out, to lead them into the High Roads which go towards the Market or Church, or to any con­venient Harbour or Landing-place, fitting for receiving a Shoar or Ship­ping off any Goods, upon Notice thereof given to any Justice of the Peace, he shall on request issue his Warrant to the next Constable in the said Parish to Summon a Jury to meet at some convenient place and Day, therein to be mentioned, to view and lay out, or alter such Path or Roads, which said Justice is hereby impow­ered to administer an Oath to the said Jury, that according to the best of their Skills and Judgments, and with most Conveniency to the Pub­lick, and least Prejudice or Damage to any particular Person, they will lay out such Way, which having done, the Surveyor is to make Return there­of [Page 27]to the Justices at the next Quarter-Sessions of the Parish, where the same Way is, as well under his own, as the Hand of the Jurors, by whose Oath the same as laid out to the end the same may be there Filed, or Re­corded, and after known for a Pub­lick High-way. And if the said Sur­veyor shall neglect his Duty therein, he shall forfeit Twenty pounds. And be it further Enacted, That every Vestry with consent of the Justices, may agree for two Years with parti­cular Persons for their Parts and Pro­portion of the Ways by them to be cleared, as also with the Surveyors what part of the Parish they shall look after, and such Agreements shall discharge the Parties from other Du­ties, than what is agreed for, as also the Surveyor from looking after any other part than what is allotted him, and such Justices and Vestry-Men are to Record all their doings touching the Ways in the Vestry-Book, which Record in all places shall be deemed good Evidence.

And the said Surveyors may re­spectively issue their Warrants to the Constable or Tything-men to warn in Workers, or to levy Money ac­cording to the Tax or Rate made as aforesaid, and whosoever shall fail to send in his proportion of Workers, with such Tools as shall be conveni­ent, shall for every Head pay three shillings per day upon Conviction, to be Recovered before any Justice of the Peace by the Surveyor.

And if any Justice neglect his Duty touching the Premisses or any part thereof, he shall forfeit Ten pounds, and every Vestry-man, Sur­veyor, Constable, Tything-man, Ju­ror, or Clerk of the Vestry, who shall neglect his or their Duty, where no Penalty is before set, shall re­spectively forfeit Five pounds for each Offence.

All which said Forfeitures shall be to the Use of the High-ways, and if not exceeding Forty shillings, to be Recovered by Action of Debt before any Justice of the Peace, if above Forty shillings, in any Court of Re­cord, where no Essoign, Protection, or Wager of Law shall be allowed.

An ACT Appointing the Prices of Meat.

BE it Enacted and Ordained by Governour, Council, and As­sembly, and it is hereby Enacted by the Authority of the same, that no Person or Persons upon any pretence whatsoever shall presume to ask, de­mand, and receive for fresh Beef, Mutton, or Goat, any more, greater or higher rate or price than hereafter is mentioned, viz. For fresh Beef or Goat four pence per pound, and Mut­ton six pence, to be weighed without the Heads, Entrails, or Feet, and that the Sewet be Sold at no higher Rates than the Meats aforesaid, under Pe­nalty of forfeiting Twenty pounds currant Money of this Island, for every time they shall take, ask, or receive any higher price, and if any [Page 31]Person or Persons shall refuse to sell any Beef, Mutton, or Goat by weight, he or they for every such Offence shall forfeit Twenty pounds currant Money of this Island.

And be it further Enacted by the Authority aforesaid, that any Person whatsoever that shall destroy any Turtle Nests, or take away any of the Eggs thereof upon any Bay or place within this Island, where the Turtle shall lay, shall forfeit forty shillings currant Money of this Island, or receive so many Lashes on the bare Back, as any Justice shall Order, not exceeding Nine and Thirty for every such Offence.

The one third part of all the afore­said Penal Sums of Money shall be to our Soveraign Lord the King, his Heirs and Successors for and towards the Support of the Government of this Island, and the Contingent [Page 32]Charges thereof, one Third to the Church-wardens for the Use of the Parish, the other Third to the In­former, to be Recovered in any Court of Record within this Island by Bill, Plaint or Information, in which no Essoign, Wager of Law, or Protection shall be allowed.

An ACT Angainst Blasphemy, and for pre­venting Disorders in Ale-Houses, Taverns, and Victualling-Houses.

BE it Enacted and Ordained by the Governour, Council, and As­sembly, and it is Enacted and Or­dained by the Authority of the same, That no Person or Persons whatsoever in this Island be enabled to have and receive any License or Licenses from the Governour for the time being to Retail any strong Liquors, unless they bring Yearly Certificates under the Hands of two of the Justices of the Peace living in the same Precincts, where the said Person keeps, or in­tends to set up his House of Enter­tainment, and have also given good Security in the Secretaries Office of [Page 34]One Hundred Pounds that he shall suffer no Disorders to be committed in his said House, or any thing there done contrary to the Laws of Eng­land or of this Island, and that no Persons whatsoever presume to sell Rum or Rum-punch or any other Mixture of Rum without License first obtained from the Justices in Sessions, and Security given to the Clerk of the Peace of the said Precincts, un­der the Penalty of Forty shillings for every such Offence.

Provided always, and it is hereby further Enacted and Ordained, That whatsoever Person so Licensed as aforesaid, shall Entertain or Receive any one in their Houses, to Tipple or Drink in the time of Divine Worship or Service, shall forfeit Twenty shil­lings for every such Offence, and the Person or Persons there so found, shall pay each of them five shillings, both which Forfeitures shall be levyed by Distress by Warrant from any Ju­stice of the Peace within this Island, [Page 35]and whosoever shall by Publick and open Profaness or Blasphemy Disho­nour Almighty God, and be thereof duly Convicted in the Supream Court of Judicature, shall be Fined Twenty pounds Currant Money of this Island, or more, at the Discretion of the Court for every such Offence, and that such as are either Servants or not worth so much, shall be lyable to such Corporeal Punishment, as the Judges shall think meet, loss of Life and Limb only excepted.

And it is further Enacted, That if any of the said Persons, so having received Licenses as aforesaid, shall keep or suffer any Common Gaming in their Houses, they shall forfeit Ten pounds Currant Money of this Island; and whosoever shall by false Dice or other Fraud or Deceit win any Money or other things shall forfeit treble the value thereof, being Convicted by Verdict, Confession, or otherwise, and that no Sum exceeding forty shil­lings won at any Game, or betting [Page 36]on the side of any, shall be recover­able, and all Bonds, Contracts, and Securities whatsoever for above the Sum aforesaid, won as aforesaid, shall be void. Provided nevertheless, that nothing herein contained shall be deemed or construed to hinder or abridge any Maker of Rum, but that by himself, Servants, or others, he may vend and sell the same pure and unmixt, any thing in this Act to the contrary in any wise notwithstand­ing.

Provided also, That the aforesaid Penalties mentioned in this Act, and not declared where they shall be Re­covered, or how Disposed of, be one half to Our Soveraign Lord the King, for and towards the Support of the Government of this Island, and the Contingent Charges thereof, the other to the Informer, who shall sue for the same in any Court of Record within this Island, wherein no Essoign, Pro­tection, Injunction, or Wager of Law shall be allowed.

An ACT Impowering Justices of the Peace to decide Differences not ex­ceeding Forty shillings.

WHereas, many inconvenien­cies may arise unto the In­habitants of this Island by being vexed and troubled with Suits at Law for small and trivial Injuries, Debts, and Trespasses, wherein the accustomary Fees and Charges usually exceed the Original Debt and Damages; for pre­vention whereof, Be it Enacted and Ordained by the Governour, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That all manner of Debts, Trespasses, and other Matters, not exceeding the va­lue of forty shillings, wherein the Tithes of Lands are not concerned, shall and may be heard, adjudged, and determined by any of His Majesties [Page 38]Justices of the Peace of this Island, within their respective Precincts with­out Appeal, which said Justices are hereby required upon Complaint made, to grant a Warrant or Sum­mons against the Person complained of, thereby requiring him to appear and Answer the said Complaint, and in case of Non-appearance, to issue out a Warrant of Contempt directed to the Constable to bring the Con­temner before him, as well to Answer the said Contempt, as the Plaintiffs Action, and may if he see Cause, fine the Contemner, provided the said fine exceed not Ten shillings, to be for the Use of the Parish where such Of­fence shall be committed, and after Judgment given in either Case, may grant a Warrant of Distress directed to the Constable to levy the said Fine, Debt, Damages and Charges upon the Defendants Goods and Chattels, who by virtue thereof shall expose the same to Sale, returning the Over­plus, if any be, to the Defendant, and for want of such Distress, to take [Page 39]the Defendants Body into Custody, and him carry and convey to the Common Gaol of the Precincts, there to remain till he shall have sa­tisfied the said Debt and Charges, and it shall be Lawful for the Justice of Peace to receive for each Warrant One shilling and Three pence, and no more, and for the Constable for serving of each. Warrant the like Sum, together with six pence for each Mile he shall be compelled to Travel in Execution of the Premisses, provided the whole exceed not five shillings, and the Justice is hereby required to keep a Record of all such Proceed­ings, under the Penalty of Ten shil­lings, the one half to be for the Poor of the Parish, and the other half to the Informer, to be Recovered as aforesaid.

And whereas the Uncertainty of the Expiration of Laws heretofore made for the better Government of this His Majesties Island may hereaf­ter create some Doubts and Disputes [Page 40]concerning the Validity of the seve­ral Judgments made and given by the several Judges and Justices of the Peace within this Island, as also all the Pro­ceedings of the Military Officers up­on the same; for prevention whereof, Be if further Enacted and Ordained by the Authority aforesaid, that all and every Judgment and Judgments made or given by any of the Judges or Justices of the Peace within this His Majesties Island upon or by ver­tue of any of the aforesaid Laws, and all other Proceedings whatsoever, and all and every Act or Acts, thing or things done or acted thereupon are hereby Ratified, Confirmed, and Ad­judged Valid and Lawful to all in­tents and purposes whatsoever, and all and every Judge and Judges of the several Courts, the several Justices of the Peace, the Military Officers, and all other Persons whatsoever within this His Majesties Island, that have any ways Acted by or under the Au­thority of the aforesaid Laws, or any of them, are hereby for ever saved [Page 41]and kept harmless, and indempnified against all manner of Persons what­soever, and if any Person shall be sued or any ways molested by reason thereof, it shall be Lawful for him or them so sued or molested to plead the general Issue, and give this Act in Evidence, any Law, Custom, or Usage to the contrary in any wise notwith­standing.

An ACT Rating Liquors Sold by Retail.

BE it Enacted and Ordained by the Governour, Council and As­sembly, and it is hereby Enacted and Ordained by the Authority of the same, that from and after Publication hereof, all Vintners and Tavern­keepers, or any other Person or Per­sons who do or shall Utter or Sell by way of Retail Madera Wines or Brandy, and shall presume by any means directly or indirectly to take or receive above the Rates hereafter mentioned for the aforesaid Liquors, viz. For Madera Wine sifteen pence the Quart, and Brandy two shillings and six pence the Quart, and so pro­portionably for a greater or lesser Quantity, shall forfeit the Sum of forty shillings for every such Offence, [Page 43]to be levyed by Warrant from any of His Majesties Justices of the Peace of the Precincts, where the Fault is com­mitted, on the Goods and Chattels of any Person or Persons so Offending, the one half of which Forfeiture shall be to the Church-Wardens for the Use of the Parish, the other to the In­former, any Law, Custom, or Usage to the contrary notwithstanding.

An ACT For Compensation of Mr. Nicholas Scarlet.

WHereas, Nicholas Scarlet, Gent. hath a long time lain under divers great and dangerous Wounds received in the Publick Service of this Island in pursuit of several Re­bellious Negroes, by reason of a Com­mand from his Superiour Officers, whereby he hath been a long time hindred from all manner of Employ­ment, to his great Suffering, Damage and Charge, as also to the loss of the Use of one of his Limbs, as hath suf­ficiently been made appear to Us; to the end therefore that all Persons, of the like Quality and forwardness to serve the Countrey, may, for the fu­ture, receive due Encouragement,

Be it therefore Enacted by the Go­vernour, Council and Assembly, and it is hereby Enacted and Ordained by the Authority of the same, that the said Nicholas Scarlet shall, in Com­pensation of the said Loss and Dam­age, have and receive out of His Ma­jesties Publick Revenue a Yearly Sa­lary of Ten pounds during his Resi­dence in this Island, which said Sum of Money is hereby appointed to be paid by the Receiver for the time being out of the Treasury when de­manded, upon Penalty of Twenty pounds, the one half to our Sove­raign Lord the King, his Heirs and Successors, for and towards the Sup­port of the Government of this Island, and the Contingent Charges thereof, and the other half to the Party ag­grieved, to be Recovered in any Court of Record within this Island, by Bill, Plaint or Information, where no Es­soign, Protection, or Wager of Law shall be allowed.

An ACT For the Restraining and Punish­ing Privateers and Pirates.

WHereas nothing can more contribute to his Sacred Ma­jesties Honour, than that such Arti­cles as are Concluded and Agreed on in all Treaties of Peace, should by all His Majesties Subjects according to their Duty, be most inviolably preserved and kept in and over all His Majesties Dominions and Territories, and whereas not only against such Treaties of Peace made by His Ma­jesty with his Allies, but also contrary to His Majesties Royal Proclamation, several of his Subjects have and do continually go off from this His Ma­jesties Island of Jamaica into Foreign Princes Services, and Sail under their Commissions, contrary to their Duty and good Allegiance, and by fair [Page 47]means cannot be restrained from so doing.

Be it therefore Enacted by the Go­vernour, Council, and Assembly, and it is hereby Enacted by the Authority of the same, that from and after Pub­lication hereof, it shall be Felony for any Person, which now doth, or with­in four Years last past heretofore hath, or hereafter shall Inhabit or belong to this Island, to serve in America in an Hostile manner, under any Foreign Prince, State, or Potentate, or any Employed under any of them against any other Foreign Prince, State, or Potentate, in Amity with His Majesty of Great Britain, without special Li­cense for so doing, under the Hand and Seal of the Governour or Com­mander in Chief of this Island for the time being, and that all and every such Offender, or Offenders contrary to the true intent of this Act, being thereof duly Convicted in His Ma­jesties Supream Court of Judicature within this Island, to which Court [Page 48]Authority is hereby given to hear and to determine the same, as in other Cases of Felony, shall suffer pains of Death without Benefit of the Clergy.

Provided nevertheless, that this Act, nor any thing therein contained, shall extend to any Person or Persons, which now are or have been in the Service or Employment of any Fo­reign Prince, State, or Potentate whatsoever, that shall return to this Island, and leave and desert such Ser­vice and Employment before the first day of January next ensuing, rendring themselves to the Governour or Com­mander in Chief for the time being, and giving him such Security as he shall appoint for their future good be­haviour, and also that they shall not depart this Island without the Go­vernours Ticket.

And for the better and more speedy Execution of Justice upon such, who having Committed Treason, Piracies, [Page 49]Felonies, and other Offences upon the Sea, shall be Apprehended in, or brought Prisoners to this Island, Be it further Enacted by the Authority aforesaid, That all Treasons, Felo­nies, Piracies, Robberies, Murthers, or Confederacies committed, or that hereafter shall be committed upon the Sea, or in any Haven, Creek, or Bay, where the Admiral hath Jurisdiction, shall be Inquired, Tryed, Heard, De­termined, and Judged within this Island, in such like form, as if such Offence had been Committed in and upon the Land, and to that end and purpose Commissions shall be had un­der the Kings Great Seal of this Island, directed to the Judge or Judges of the Admiralty of this Island for the time being, and to such other substantial Persons, as by His Majesties Gover­nour or Commander in Chief of this Island for the time being, shall be named or appointed, which said Com­missioners, or such a Quorum of them, as by such Commission shall be there­unto Authorized, shall have full [Page 50]Power to do all things in and about the Inquiry, Hearing, Determining, Adjudging, and Punishing of any of the Crimes and Offences aforesaid, as any Commissioners to be appointed by Commission under the Great Seal of England, by virtue of a Statute made in the Twenty Eighth Year of the Reign of King Henry the Eighth, are Impow­ered to do and execute within the Kingdom of England, and that the said Offenders, which are, or shall be Apprehended in, or brought Priso­ners to this Island, shall be liable to such Order, Process, Judgments, and Execution, by virtue of such Com­mission to be grounded upon this Act, as might be awarded or given against them, if they were proceeded against within the Realm of England, by vir­tue of any Commission grounded up­on the said Statute.

And all Tryals heretofore had a­gainst such Criminal or Criminals be­fore any Judge or Judges by virtue of such Commission or Authority at any [Page 51]time heretofore granted, and all Pro­ceedings thereupon, are hereby Ra­tified, Confirmed, and Adjudged Law­ful, and all such Judges, with all and every the Inferiour Officers, that have Acted thereby, are hereby indemni­fied to all intents and purposes what­soever, and in case they, or any of them, shall at any time hereafter be sued, vexed, molested or troubled for any such their proceedings as afore­said, he or they so sued, vexed, or molested shall plead the General Issue and give this Act in Evidence, any Law, Statute, Custom or Usage to the contrary in any wise notwith­standing.

And Be it further Enacted by the Authority aforesaid, That all and every Person or Persons, that shall any way knowingly Entertain, Har­bour, Conceal, Trade or hold any Correspondence, by Letter or other­wise with any Person or Persons, that shall be deemed or adjudged to be Privateers, Pirates, or other Offen­ders [Page 52]within the Construction of this Act, and that shall not readily en­deavour to the best of his or their Power to Apprehend or cause to be Apprehended such Offender or Offen­ders, shall be liable to be Prosecuted, as Accessaries and Confederates, and to suffer such Pains and Penalties, as in such Case by Law is provided. And for the better and more effectual Exe­cution of this Act

Be it further Enacted by the Autho­rity aforesaid, That all Commission-Officers, in their several Precincts within this Island, are hereby requi­red and empowered upon his or their knowledge or Notice given, That any Privateers, Pirates, or other Per­sons suspected to be upon any unlaw­ful Design, are in any place within their respective Precincts, to raise and levy such a Number of well Armed Men, as he or they shall think need­ful for the Seizing, Apprehending and carrying to Gaol all and every such Person or Persons, and in case of any [Page 53]Resistance or Refusal to yield Obedi­ence to His Majesties Authority, it shall be Lawful to kill or destroy such Person or Persons, and all and every Person or Persons that shall Oppose or Resist, by striking or Firing upon any of the Commanded Parties, shall be deemed, taken, and adjudged as Felons without Benefit of the Clergy, and every such Officer that shall omit or neglect his Duty herein shall for­feit Fifty pounds currant Money of this Island for every such Offence, to be Recovered in any of His Majesties Courts of Record within this Island, by Bill, Plaint, or Information, where­in no Essoign, Wager of Law, or Pro­tection shall be allowed; one Moyety thereof to be to our Soveraign Lord the King, his Heirs and Successors, for and towards the Support of the Government of this Island and the Contingent Charges thereof, and the other Moyety to the Informer, and all and every Person or Persons, that upon Orders given him or them shall refuse to repair immediately with his [Page 54]or their Arms well fixed, and Ammu­nition, to such place or places as shall be appointed by the said Officer, and not readily Obey his Commands in the Execution of the Premisses, shall be liable to such Fine or Corporeal Punishment, as by a Regimental Court Marshal shall be thought fit.

Provided further, that the Govern­ours Assent to the passing of this or any other Act, shall not extend, or be Construed to extend to the determi­ning of this present Sessions of the Assembly.

An ACT Ascertaining the Quit-Rents and manner of Receipt thereof.

BE it Enacted and Ordained by the Governour, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That a Patent Sealed under the Great Seal of this Island, and Recorded in the Of­fice of Inrolments Established in this Island shall Evidence the Patentee or Patentees just Right and Title to all and every parcel of Lands, House or Houses, Tenements or other things in the said Patent granted, and be a good Bar to the Right and Title of His Majesty, his Heirs and Successors: And to the End His Majesties Grants may not be hindred, delayed, or ob­structed, the Keeper of the Seal, or Chancellor for the time being, shall and is hereby obliged the next Tuesday [Page 56]before each Grand Court to cause all such Grants and Patents, as are in the Office, to be Sealed at St. Jago de la Vega, and all Inferiour Officers, who are concerned in drawing and passing the same, are then and there likewise to be ready to do their Duty.

And forasmuch as all Titles of Land are derived from His Majesty, and the Land hath been laid out, and Patents made by His Majesties Officers, in which many Errors or Mistakes may have happened, which according to the strict Rules of Law, might make many Grants void in all, or in part, Be it therefore Enacted by the Autho­rity aforesaid, That all Lands granted or hereafter to be granted by His Ma­jesty, his Heirs or Successors, upon Surveys made or to be made, be for ever good to the Patentee, and to those to whom the Right of the Pa­tentee shall come, for all Lands com­prized within the Survey or Bounds, any Misnomer, Misbounding or Mi­staking of Quantity, or other Error [Page 57]notwithstanding, against His Maje­sty, his Heirs and Successors, or any other Person or Persons claiming un­der him or them for ever, and that all such Grants shall be taken as strongly against His Majesty, his Heirs and Successors, as the Grants of any other Person or Persons should or ought to be taken against him or them, or his or their Heirs or Assigns. Provided nevertheless, and be it fur­ther Enacted by the Authority afore­said, That where either His Majesty or the Patentee are aggrieved by Mi­stake in Quantity, a re-survey shall be made, by one Surveyor indifferently Sworn between the King and Patentee, or who claimeth in his Right, before any of His Majesties Justices of the Peace, upon which re-survey a Con­firmation of the former Grant shall issue under the Seal of this Island re­citing the Error, and reserving for the future the same Rent mentioned in the said Grant according to the just Quantity found by such re-survey, for which Confirmation the Chancel­lor [Page 58]shall receive Ten shillings, and the Clerk of the Patents Eight shil­lings and no more, to be paid as all other Charges of the said re-survey by the Party requiring the same, but no Retrospect shall be had to what Rent ought to have been paid, be the Quantity more or less, any thing in this Act contained to the contrary in any wise notwithstanding.

And be it further Enacted by the Authority aforesaid, That if any Dis­pute shall ever arise upon any Survey, wherein the Survey or Plot given into the Patent-Office shall vary from the real Run and marked Lines, in all such Disputes the Judges before whom the same shall happen, shall adjudge the real Run and marked Lines, which are proved before them to be Run and Marked, to be the bounds of the Lands granted, any Law, Custom, or Usage to the contrary notwith­standing.

And Whereas there have been un­certainties and Disputes in the pay­ment of His Majesties Quit-Rents reserved in the Patents formerly grant­ed, by reason of the words, Manured and Planted; and whereas his said Majesty hath been and now is Graci­ously pleased, that whatsoever shall arise from the Quit-Rents, shall be ap­plyed towards the Support of the Go­vernment, and defraying the Contin­gent Charges of this Island, in Con­sideration whereof, and to ascertain the same, Be it Enacted and Ordained by the Authority aforesaid, That every Parcel or Parcels of Land of what Nature and Quality soever granted and Patented before the Twenty fifth Day of June, One Thousand Six Hun­dred Seventy and One, shall for Ar­rears and growing Rents pay for every Thirty Acres Annually the Sum of one shilling, and so proportionably for every Parcel under one hundred Acres, and for every hundred Acres two shillings six pence, and propor­tionably for a greater Quantity, and [Page 60]for all Lands of what Quality soever from the aforesaid time to the Twelfth Day of March One Thousand, Six Hundred Seventy and Four, shall pay one half peny per Acre, and so pro­portionably for a greater quantity; and for Foot-Land, one half peny per Foot for two sides of the Square ad­ded together, and so proportionably for a greater or lesser quantity, as a certain established Quit-Rent and Ac­knowledgment to His Majesty, his Heirs and Successors for ever, any Law, Custom, or Usage, or any thing contained in the said Patents to the contrary notwithstanding.

And for the more speedy and easie Collecting of the said Quit-Rents, Be it further Enacted by the Authority aforesaid, That the Receiver of the Quit-Rents, or his Lawful Deputy shall twice every Year (to say) af­ter each Feast of St. Michael the Arch-Angel, and of the Annunciation of the Blessed Virgin Mary, keep an Office in the Town of St. Jago de la [Page 61]Vega, in the Parish of St. Catharines, and in the Town of Port Royal du­ring the space of one Month at each place, and then and there to Receive the Quit-Rents from the Persons con­cerned, which said Office he shall at­tend from the Hours of Eight to Eleven before Noon, and from the Hours of Two to Five in the After­noon, and upon Receipt of His Ma­jesties Quit-Rents, thereof to Acquit and Discharge all Persons, on the Pe­nalty of Five pounds Sterling, which said Penalty shall be, the one half to His Majesty, his Heirs and Successors for and towards the Support of the Government of this Island and Con­tingent Charges thereof, and the other half to the Informer, to be Recovered in any Court of Record within this Island, wherein no Wager of Law, Essoign, Protection or Injunction shall be allowed.

An ACT For preventing Damages in Plan­tations, Preserving of Cattle, and Regulating Hunting.

BE it Enacted by the Governour, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That all Plantations bound­ing in Savanna's, High-ways, Wa­tering-places, and all Pastures made out of Wood-land, shall make suffi­cient Fences, which sufficient Fences shall be judged by Oath of Three Free-holders before any one of His Majesties Justices of the Peace, which said Free-holders shall be Chosen, one by the Party grieved, the other by the Owner of the Cattle, and the other by the Justice of the Peace, and if either of them do not appear, or re­fuse to make their Choice, that then in such Case the said Justice shall [Page 63]name two, and what Damage shall be done by any Stock in any Plantation so Fenced as aforesaid, the said Dam­age to be Appraised upon the Oath of the said Three Free-holders, and the Owners of the said Stock shall pay double the said Damage so committed or done by their Cattle, Proof being made appear by the Oath of one or more, to be Recovered before any Ju­stice of the Peace, if not exceeding Forty shillings, if above, in any Court of Record by Action of Debt.

And it is further Enacted and Pro­vided by the Authority aforesaid, That no Person or Persons whatsoever shall kill or destroy any Cattle, Horse, Mare, Mule, or Asinego, but he, she, or they who shall kill or destroy any of the afore-mentioned Stock, shall forfeit for each they shall kill or de­stroy the Sum of Fifteen pounds cur­rant Mony, to be Recovered by Action of Debt in any Court of Record with­in this Island by the Owner or Pro­prietor of the said Beast.

And it is further Enacted by the Authority aforesaid, That all Owners of Neat Cattle shall keep one White Man at each respective Pen, and at all Pens whereunto belongs above Two hundred Cattle, the Owner of such Pen shall keep two White Men, upon pain of forfeiting Ten pounds for every White Man, that shall be wanting as before, for the space of Three Months, to be Recovered in any Court of Record by Action of Debt, the one half to the Parish for the Use of the Poor, the other Moyety to the Informer, or him that sues for the same.

And it is further Enacted by the Authority aforesaid, That all Persons and Owners of Cattle, that shall fail to Pen their Cattle once in three Nights, at the l [...]st, that all such Cattle doing Damages shall pay double the Damage, to be Recovered as afore­said.

And it is further Enacted by the Authority aforesaid, That all Strays of any sort of Cattle, where ever they shall be found and taken up, shall belong to the Proprietor of the Ground where they are accustomed to feed, Provided the said Proprietor cause the said Stray or Strays to be Cryed by the Common Cryer three distinct Court Days in the Court of the said Precinct, describing all the Marks of the said Stray, with the Age and Kind; and further that the said Proprietors do turn loose again the said Stray, to continue in the same feeding Ground where the same was accustomed to feed, and tying a Withe about the Neck of the said Stray (which shall be a Common Mark for Strays) and in that manner to continue one whole Year from the first taking up or Penning of the same. Provided further, that if in the mean time no Person shall Chal­lenge or Claim the same, that then the property of all such Strays remain to the Proprietor of the Ground as [Page 66]before, they giving Satisfaction for taking up the said Stray. Provided always, That this Act extend not to any Ear-marked or Burnt-marked Beast, Horse, Mare, Colt, or any other sort of Cattle, but all such shall belong to the Owners or Proprietors of the same, if Claimed at any time after the expiration of the Year.

It is further Enacted by the Autho­rity aforesaid, That the Clerks of each respective Courts of Record in this Island are hereby empowered to make Entry and Toll any sort of Cattle, that shall be Sold from one Person to another, taking as near De­scription of the several Marks, Na­tural or otherwise, as can be, and vouched by two sufficient Persons known to the Clerk, which Entry or Toll shall be good against any former Sale or Bargain, or any other Title whatsoever, except in all such Cases where the Provost Marshal or his De­puty hath levied the same by Execu­tion, and the Clerk of the said Court [Page 67]shall take Twelve pence for each such Entry and for keeping a Record of the same, and no more.

And it is further Enacted by the Authority aforesaid, That no Person whatsoever shall presume to carry any Fire, or smoak Tobacco in any Sa­vanna or Plantation, or High-ways whatsoever, under the Penalty of Ten shillings for each time they shall so offend, and be further liable to pay all Damages that shall accrue to any Person or Persons by means of the same, to be Recovered (if not ex­ceeding Forty shillings) before any Justice of the Peace, if exceeding Forty shillings, by Action of Debt in any Court of Record within this Island: And if the Person so offend­ing, be not able to make Satisfaction, then the said Person shall be Whipped for every such offence at the Discre­tion of any one Justice of the Peace. Provided. That this Clause extend not to Owners of Land, to carry Fire in their own Plantations, or burn their [Page 68]own Savanna, yet to be liable as be­fore, if thereby they injure or burn any other Persons Savannas, or Plan­tations, and that all Penalties for car­rying of Fire, shall belong to the Per­son that sues for the same.

And whereas it is found by Expe­rience that several Common Drivers of Cattle, or Horse-catchers do fre­quently Ride and drive Gangs of Mares and other Cattle from off their own Feeding Ground or Pasture, whereby those that are big, cast their Young, and Young ones are often se­parated from their Dams, and do like­wise often deface the Marks of such Cattle and Horses, or new Mark them for themselves or others with wrong Marks, to the great Damage of all such Proprietors; for prevention whereof, Be it further Enacted by the Authority aforesaid, That no Person or Persons whatsoever shall hereafter presume to drive or ride in any Sa­vanna as a Common Horse-catcher after any Horses or Mares without [Page 69]having first given Security for their Honesty, and obtained leave from the Proprietor or Proprietors of such Sa­vanna's or the Major part of them, under the Penalty of Twenty pounds, to be Recovered as aforesaid, one third part whereof shall be to our Soveraign Lord the King, his Heirs and Successors, for and towards the Support of the Government of this Island and the Contingent Charges of the same, one third part to the Pro­prietor or Proprietors of such Savan­na's where the Offence shall be com­mitted, the remaining third to the In­former, or he that shall sue for the same.

And it is further Enacted by the Authority aforesaid, That if any such Common Driver or Horse-catcher, or any other Person employed by or for him or them, shall presume to Sell or Barter any Horse, Mare, or Colt, or other Cattle, but such as he shall bring two sufficient Free-holders of the place where he doth Inhabit, or [Page 70]other good sufficient Evidence to vouch before the Clerk of some Court of Record within the Precincts where they shall be Sold or Bartered as afore­said, that he bred them, or otherwise came Lawfully possessed of them, un­der the Penalty of Fifty pounds, to be Recovered and Disposed of as afore­said. And whosoever shall Buy, Bar­ter, or Bargain with any such known Horse-catcher or Driver, for any Cattle or Horses without the same be first vouched as aforesaid, he, she, or they so Offending shall for every such Offence forfeit and pay the Sum of Twenty pounds, to be Recovered and Disposed of as aforesaid.

And it is further Enacted by the Au­thority aforesaid, That if any Driver or Horse-catcher shall at any time hereafter fraudulently or designedly put any false Burnt Mark, Ear-mark, or any other Marks, or deface any old Mark, he or they shall for such Offence be guilty of Felony.

It is further Enacted by the Autho­rity aforesaid, That no Person or Per­sons that are Keepers or Owners of Goats, shall suffer their Goats to feed in any Persons Land except their own, and if any do suffer the same to feed in any Persons Land, it shall be deemed Trespass, and the Owner of the Land shall Recover in any Court of Record full Costs of Suit in the said Action, besides what Damage shall be given by the Jury.

Be it further Enacted by the Autho­rity aforesaid, That no Person what­soever shall be capable of Hunting with any Gang of Dogs in this Island, that is not a Planter in it, and hath not at least five Acres of Land Planted, and that any Person that shall presume to Hunt any Gang of Dogs within this Island, being not Qualified as aforesaid, shall forfeit for every such Offence his Gang of Dogs, and the Sum of Ten pounds Sterling, to be Recovered in any Court of Record within this Island, by Bill, Plaint, or [Page 72]Information, the one Moyety or half part of all such Forfeitures shall be to our Soveraign Lord the King, his Heirs and Successors, for the Support of the Government and Contingent Charges thereof, and the other Moyety shall be to the Informer, or any Per­son that shall sue for the same. And it shall not be Lawful for any Planter or Planters in this Island to own any Hunting Gang of Dogs which shall not properly belong to themselves, their Mates in Planting, or Hunted by their Servants, under the Penalty of Ten pounds Sterling for each time he or they shall so offend, to be Re­covered in manner and form aforesaid, and to be disposed of as aforesaid.

And it is further Enacted and Or­dained by the Authority aforesaid, That if any Hunting Gang of Dogs shall kill or maim any Tame Stock belonging to any Planter or Person whatsoever, or do him or them any Prejudice or Damage, the Party so Damnified, lift the Damage amount to [Page 73]not above forty shillings, Satisfaction for the same shall be Recovered by Warrant from any Justice of the Peace, but if it amount to more than forty shillings, the Person or Persons so in­jured shall sue for the same at Com­mon Law. And if any Person shall kill or maim any manner of Tame Stock, as Sheep, Hogs, or Goats, either by Hunting or otherwise, and shall not forthwith discover the same to the next Justice or Constable, to the end the Damage may be known and Recovered, as aforesaid, such Of­fender killing, maiming, or injuring any such Tame Stock, and not dis­covering it as aforesaid, shall pay five pounds for every Default, besides Damages to be Recovered by the Party Injured in any Court of Re­cord.

It is further Enacted and Ordained by the Authority aforesaid, That no Person whatsoever shall Hunt any Gang of Dogs within four Miles of any Craw [...] or Settlement (except in [Page 74]his own Land, or leave from the Pro­prietor of the same, upon pain of Ten pounds Sterling, and that no Person or Persons whatsoever shall set any Snare or Engine in any place whatsoever (his Planted Ground only excepted) under Penalty of forty shillings for every time any Person shall so Offend in either of the Premisses, to be Recovered as afore­said, and disposed of as aforesaid, and to pay all other Damages that shall accrue by the same.

An ACT Securing the Purchasers of Tho­mas Bun's Land upon Port Royal.

WHereas, one Thomas Bun, late of this Island, in the Four­teenth Year of His Majesties Reign, Patented a certain Parcel of Land on Port Royal, and after that, Constitu­ted and Appointed one Martin Va­nolphin his Attorney, thereby giving him full Power and Authority for him, and in his Name, to Bargain and Sell all and singular the Lands and Tenements of the said Thomas Bun, and that he the said Martin Vanolphin, in pursuance of the aforesaid Autho­rity, did for a Valuable Considera­tion, well and truly paid to the afore­said Thomas Bun, Bargain and Sell the aforesaid Parcel of Land unto William Parker, Esquire, and Robert Swanley, [Page 76]and that a Moyety of the said Land was Sold by the said Swanley to one Thomas Tothill, Deceased, whose Estate real was, in pursuance of an Act of this Island, exposed to Sale, and Sold for and towards the Satisfaction of the just Debts of the said Thomas To­thill to Sir Charles Modyford, Baronet, and the whole Purchased as aforesaid, Sold by the said Sir Charles Modyford, Baronet, and William Parker, Esq to Edward Yeomans, Esq for a Valu­able Consideration, and the aforesaid Letter of Attorney, through the Ig­norance and Neglect of those Times, not Proved and Recorded, as the Law of this Island now requires, To the intent therefore that the several Pur­chasers may for ever hereafter be quieted in their several Purchases, and secured in their Titles and Covenants, and a speedy Improvement made by Building thereon. Be it therefore Enacted and Ordained by the Govern­our, Council, and Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That the [Page 77]Sales made as aforesaid by Martin Vanolphin to William Parker, Esquire, and Robert Swanley, and the Sale or Sales of them and either of them un­to any other Person or Persons what­soever, are and shall be deemed and adjudged good and effectual in the Law to all Intents, Constructions, and Purposes whatsoever, as if the said Thomas Bun himself had, by his own Deed or Bargain and Sale, Actu­ally and Really Sold and Conveyed the same, and all and singular the Land Sold and Conveyed, as afore­said, be and remain to the Heirs and Assigns of such Purchaser or Purcha­sers, their Heirs and Assigns for ever, as shall Claim by, from and under the Title or Purchase of the said Sir Charles Modyford, Baronet, and the said William Parker, Esq any Law or Custom, Usage or Pretence of Right whatsoever to the contrary in any wise notwithstanding.

An ACT Encouraging the Importation of White Servants.

Forasmuch as it is provided in an Act of this Countrey, Intituled, An Act for Regulating Servants, for the strengthening and better Defence of this His Majesties Island, every Master and Owner of Slaves shall have such quantity of White Servants proportionable to the Number of Slaves as is therein directed, and as by the said Act doth more plainly ap­pear; and to the intent also all duo Encouragement may be given Mer­chants, Masters, and Importers of White Servants to bring the same, and may not then be discouraged nor their Servants lie upon their Hands for want of Buyers,

Be it Enacted by the Governour, Council, and Assembly, and it is here­by Enacted by the Authority of the same, That no Merchant, Master, or Importer of White Servants, shall presume to Sell any White Servant or Servants, before they have been Ten Days Imported, under the Pe­nalty of Ten pounds for every such Servant so Sold, the one Moyety to be to our Soveraign Lord the King, his Heirs and Successors, for and to­wards the Support of the Govern­ment of this Island and the Contin­gent Charges thereof, the other Moye­ty to the Informer, to be Recovered by Bill, Plaint, or Information in any Court of Record within this Island, wherein no Essoign, Protection, or Wager of Law shall be allowed. Provided nevertheless, that for the Ten Days after Importation of any such White Servants, as abovesaid, the Factor or Seller shall pay the Ma­ster for their Diet aboard the Ship, nor shall they be removed by the said Master from thence before the Ten [Page 80]Days be past, under the Penalty afore­said, to be Recovered and Disposed of as aforesaid.

And be it likewise Enacted by the Authority aforesaid, That whatsoe­ver Master or Commander of any Ship or Vessel, that shall bring in or Import into this Island to the Num­ber of fifty White Male Servants, and due Proof upon Oath being thereof made before the Naval Officer (who is hereby empowered to administer the same) shall for that Voyage be altogether freed and exempted from paying any Port-charges for the said Ship or Vessel, wherein the said Ser­vants shall be Imported, any other Custom or Law to the contrary not­withstanding.

And be it further Enacted by the Authority aforesaid, That any Debt or Debts Contracted for any Servant or Servants Sold within this Island, shall or may be Recovered by War­rant from any Justice of the Peace in [Page 81]the same manner as is provided in the Act empowering Justices of the Peace to decide Differences not ex­ceeding forty shillings, any Law, Custom, or Usage heretofore to the contrary notwithstanding.

And it is also hereby Enacted by the Authority aforesaid, That from and after the Twenty fifth Day of March next ensuing, no Person or Persons whatsoever, employing themselves in the Trades or Exercises of Coopers or Porters within this Island shall use any Negro Slave or Slaves in their said Trades or Occupations, under the Penalty of Twenty pounds for every such Offence, to be Recovered and Disposed of as aforesaid.

Provided also, That nothing be herein Construed to prohibit any Ma­ster or Owner of any Sugar-Work within this Island from making Cask at their respective Plantations, or other convenient place, as heretofore, any thing in this Act to the contrary not­withstanding.

An ACT For Registring of Deeds and Patents.

BE it Enacted by the Governour, Council, and Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That a Deed in due form of Law made and within three Months after the Date thereof acknowledged by the Party or Parties that grant the same, or Proved by the Oath of one sufficient Witness or more before the Govern­our, or some one of the Judges of the Courts of this Island, and the same Recorded at length in the Office of Enrolments, which said Office shall always be kept at St. Jago de la Vega within the said three Months, shall be Valid to pass the same with­out Livery, Seizin, Attornment, or any other Act or Ceremony in the [Page 83]Law whatsoever, and that no Deed hereafter made without such Acknow­ledgment or Proof and Enrolment shall be sufficient to pass away any Free-hold or Inheritance, or to Grant any Lease for above the space of three Years.

Provided nevertheless, That any Old Deeds or Conveyances heretofore made for Lands or Houses, and omit­ted to be Recorded upon being Ac­knowledged or Proved, and at any time after the making hereof, Record­ed in the said Office of Enrolments, shall be effectually Valid and of force, but if it shall happen that any second Bill of Sale or Conveyance for a Va­luable Consideration be made by the said Vendor or his Heirs for the same Land or Houses, or any part thereof, and the same be duly Executed and Recorded, then it is hereby declared, that the last Vendee shall have and en­joy the said Land or Houses, any thing in this Proviso or otherwise to the contrary notwithstanding. And [Page 84]if any Vendee hath omitted to exe­cute and inroll his Deed within the time as aforesaid, but shall at any time afterwards have done the same, no second Sale being made by the first Vendor, his Heirs or Executors, the same shall nevertheless be good to the said Vendee, his Heirs and Exe­cutors, and a perpetual Bar against the first Vendor, his Heirs and Exe­cutors, any thing in this Act or any other to the contrary notwithstand­ing.

And be it further Enacted by the Authority aforesaid, That all Deeds and Conveyances granted and made out of this Island, and remitted hi­ther, being Proved before the Go­vernour or any of the Judges of the Courts of Common-Pleas as aforesaid, and all those Deeds and Conveyances where any Granter or Conveyancer shall Personally appear in His Maje­sties Court held before the Lord Mayor and Aldermen of the City of London for the time being, and shall then and [Page 85]there own and acknowledge such Deed, Grant, or Conveyance to be his Act and Deed, and an Attest there­of be made under the Seal of the Mayorality of the said City, and the same be Recorded in the aforesaid Office within six Months of the Ar­rival of the Ship that brought the same, shall to all intents and purpo­ses whatsoever be as Valid, as if the said Deeds or Conveyances had been here Made, Acknowledged, Proved, and Recorded according to the form and time herein before appointed.

Provided nevertheless, That if any Person here Lawfully empowered, shall in pursuance of that Power make Sale of any Lands or Free-hold to any Person whatsoever within this Island, and the Deeds thereof be duly Proved and Recorded according to the true meaning of this Act, before any Con­veyance from the Proprietor or Pro­prietors of the same Land or Free­hold or any part thereof be here pro­duced, proved, and Recorded as afore­said [Page 86]the said Deed so made and pas­sed here shall stand good and effectual in the Law to all intents and purposes whatsoever.

And it is hereby further Enacted and Ordained by the Authority afore­said, That any Mortgage of any Lands, Tenements, Real or Personal Estates whatsoever within this His Majesties Island, having received full Satisfacti­on and payment of all such Sum and Sums of Money as are really due to him by such Mortgage, shall at the Request of the Mortgager, enter Sa­tisfaction upon the Margent of such Mortgage Recorded or to be Record­ed in the Office of Enrolments, which shall for ever hereafter discharge, de­feat, and release the same, and shall likewise perpetually Bar all Actions brought, or to be brought thereupon in any Court of Record within this Island, and if such Mortgagee shall not within three Months after request and tender made for his reasonable Charges repair to the Office of Enrolments, [Page 87]and there make such Acknowledg­ment as aforesaid, he, she, or they so refusing shall for every such Offence forfeit and pay unto the Party or Par­ties aggrieved the Sum of fifty pounds Currant Money of this Island, to be Recovered in any of His Majesties Courts of Record within this Island, by Bill, Plaint, or Information, where­in no Essoign, Wager of Law, or Pro­tection shall be allowed.

And be it further Enacted and Or­dained by the Authority aforesaid, That it shall and may be Lawful for the Judges before whom such Acknow­ledgment of Deeds or other Writings are and shall be made, to demand and receive for every Deed of the va­lue of Twenty pounds or more, Ten shillings, and for every Deed under the value of Twenty pounds, Five shillings, and no more, under the Pe­nalty of Twenty pounds, the one half to be to our Soveraign Lord the King, his Heirs and Successors, for and to­wards the Support of the Government [Page 88]of this Island and the Contingent Charges thereof, and the other half to the Informer, to be Recovered as aforesaid.

And be it further Enacted by the Authority aforesaid, That the Clerk of the Enrolments shall and may take and receive for Enrolling and Copy­ing an Ordinary Deed, Grant, or Pa­tent for one or more Parcels of Land, or any Deed or Conveyance not ex­ceeding the length of such Patent, five shillings; for every Deed exceed­ing the length aforesaid eight pence per sheet, accounting Twenty Lines to a sheet, and eight Words to a Line; for every Short Writing not exceed­ing the length aforesaid, Twelve pence; for Recording every Plot, one shilling and three pence; for search­ing the Record, Twelve pence; and for Ackowledging Satisfaction in the Margent of a Mortgage, recorded one shilling and three pence, and no more, under the Penalty of Ten pounds to the Uses, and to be Reco­vered as aforesaid.

And be it likewise Enacted by the Authority aforesaid, That all Patents already granted and not Enrolled shall be Enrolled in the Office of Enrol­ments within six Months, and all Pa­tents hereafter to be granted shall be Enrolled within six Months after the Sealing such Patents, which En­rolments, as likewise all such as are already there Enrolled, shall be good and valid in the Law notwithstand­ing any Clause inserted in the said Pa­tents directing the contrary.

And whereas it is most manifest, That the Estates of several Orphans have been preserved and vastly Im­proved by being, during their Mino­rity, Leased out by their Guardians; and whereas it may be Disputable whether such Leases are Warranted by the Laws of England.

Be it therefore Enacted and Or­dained by the Authority aforesaid, That all Leases heretofore made or granted, or that hereafter shall be [Page 90]made or granted of the Estate of any Orphan, by the respective Guardian for any term of Years, not exceed­ing the Minority of such respective Orphans, shall be good and valid in the Law, any Law, Custom, or Usage to the contrary in any wise notwith­standing.

Provided always, That this Act or any thing therein contained, shall not extend to contradict or alter any Power given or to be given by the Parent to any Guardians, or to give liberty for the future to any Guardian to Lease out the Estate of any Heiress for any longer Term or Time, than till she shall compleat the Age of Fourteen Years.

Be it likewise Enacted and Ordain­ed by the Authority aforesaid, That the Clerk of the Enrolments, or who­soever shall execute the said Office for the time being, do find two sufficient Sureties, with himself, to become bound to our Soveraign Lord the King, [Page 91]his Heirs and Successors, in a Bond of the penalty of Two Thousand pounds for the true and faithful Execution of the said Office, and for keeping of the same in the Town of St. Jago de la Ve­ga as is herein before declared, and not elsewhere, which said Bond shall be Recorded in the Supream Court of Judicature within this Island, and be kept by the Chief Justice of the same for the time being, to be made use of according as is directed in an Act, Intituled, An Act Impowering the Se­cretary to take Security; and who­soever after Publication hereof shall Officiate in the said Office before he hath given such Security as aforesaid, he or they so Offending shall forfeit the Sum of Five Hundred Pounds, to be Recovered by Bill, Plaint, or In­formation in any of His Majesties Courts of Record within this Island, wherein no Essoign, Protection, or Wager of Law shall be allowed the Defendant; one Moyety whereof shall be to our Soveraign Lord the King, his Heirs and Successors, for [Page 92]and towards the Support of the Go­vernment of this Island, and the Con­tingent Charges thereof, and the other Moyety to him or them that shall pro­secute the same.

An ACT For the Ferry between St. Ca­tharines and St. Andrews.

WHereas, William Parker, of the Parish of St. Andrews, Esquire, hath at his particular Charge found out and made a very Conve­nient Way between the Salt and Fresh River in the Parish of St. Andrews and St. Catharines, which will be of great Use and Advantage to the whole Island, in causing a more near and easie Correspondence with the seve­ral Precincts, and whereas the said William Parker hath likewise set up and erected a Ferry for the better Ac­commodation of the said Passage, and whereas the same cannot be maintain­ed without great and constant Charges, be it therefore Enacted and Ordained by the Governour, Council, and As­sembly, and it is hereby Enacted and [Page 94]Ordained by the Authority of the same, That the said William Parker, his Heirs and Assigns be by this Act Impowered and Authorized for the space and term of Fourteen Years from the making hereof, to ask, de­mand, sue for, recover, and receive as a Duty and Toll for the Transpor­ting of any Person over the said Ferry, Seven pence half peny; for every Horse and Man, fifteen pence; for every grown Beast, that hath no Ri­der, seven pence half peny; for every Sheep, Calf, or Hog, six pence; and that the said William Parker, his Heirs and Assigns may and shall erect a Ta­vern or Victualling-House near the said Ferry, and shall not be compelled to renew or pay any License Money for the same. Provided always, That if the said William Parker or his Assigns shall not finish and compleat the said Way and Passage within Twelve Months from and after the making of this Act, and that in all places it be not less than eight Foot broad, and that the same be always [Page 95]kept in good and sufficient Repair, that the aforesaid Limitation of the Rates, which shall be paid by virtue of this Act, or any Letters Patents granted for the same, shall cease, de­termine, and be utterly void.

And be it further Enacted and Or­dained by the Authority aforesaid, That no other Person whatsoever presume to erect, maintain, or keep a Ferry or Raft over the same Rivers for the space or term of Fourteen Years from and after the making hereof, under the Penalty of Five Hundred Pounds Currant Money of this Island, the one half to be for the Use of our Soveraign Lord the King, for and towards the Support of the Government of this Island and the Contingent Charges thereof, the other half for the Use of the said William Parker, his Heirs or Assigns, to be Recovered by Action of Debt, Bill, Plaint, or Information in His Majesties Supream Court of Judica­ture [Page 96]within this His Majesties Island, wherein no Protection, Essoign, In­junction, or Wager of Law shall be allowed.

An ACT Impowering the Church-Wardens of St. Catherines to receive Twelve pence per Tun, for all Goods made up in Cask that are landed on, or shipped from the Bridg at Passage Fort for maintaining and repairing the same.

WHereas it is evident that the making and repairing the Bridg at Passage Fort hath been very chargeble to the Parish of St. Cathe­rines considering the said Bridge is for the publick Use of several Parishes, in respect whereof some care ought to be taken for easing the said Parish of the great Charge they are at in main­taining the same, and that the seve­ral Persons that make use of the said [Page 98]Bridge, should proportionably pay to­wards the doing of it.

Be it therefore Enacted by the Go­vernour, Council and Assembly, and it is hereby Enacted by the Authori­ty of the same, That from and after the making hereof, all Goods what­soever made up in Cask, and that are landed either upon, or shipped from the said Bridg shall pay Twelve pence per Tun, and so proportionably for a greater or lesser quantity.

And it is Enacted by the Authori­ty aforesaid, That the Church-War­dens of St. Catherines for the time being shall take care that the Bridg be kept in sufficient Repair, and in case of their Neglect therein, that then the aforesaid Church-Wardens shall forfeit respectively Ten pounds, one half thereof to the Informer, and the other half to the Poor of the said Parish to be recovered by Bill, Plaint or Information in any Court of Re­cord within this Island, wherein no [Page 99]Essoin, Protection or Wager of Law shall be allowed.

And it is further Enacted and de­clared by the Authority aforesaid, That the Church-Wardens of the said Parish of St. Catherines, are hereby Empowered to Appoint such Person or Persons as they shall think fit for collecting the aforesaid Duty, and to employ the same to the use and be­hoof of the aforesaid Parish, and if any Person or Persons shall refuse to pay the aforesaid Duty, it shall be lawful for such Collector as shall be appointed by the Church-Wardens a­foresaid, to detain or keep in his pos­session the Goods of the Person or Persons so refusing, until he or they shall have satisfied the same, as it is before expressed, any Law, Custom or Usage to the contrary notwithstan­ding.

An ACT For Confirmation of Pious, Cha­ritable and publick Gifts and Grants.

TO the Intent that Pious, Cha­ritable and publick Gifts and Grants, so necessary in new Colony's to be encouraged and made Good, may not be defeated, but may take Effect according to the True Intent and Meaning of the Donor or Do­nors, Devisor or Devisors, notwith­standing any Incapacity in the Gran­tee or Devisee, or those to whose Use the same is granted or devised:

Be it therefore Enacted and Or­dained by the Governors, Council and assembly, and it is hereby Enacted and Ordained by the Authority of the same, that for and during the Term and time of Twenty years next en­suing, [Page 101]all Gifts, Grants, Conveyances and Devices of any Houses, Lands, Te­nements, Rents, Goods or Chattels, to any Good, Pious, Charitable or Publick use or uses, as for the maintenance of Lawful Ministers, erecting or main­taining of Churches, Chappels, Schools, Universities, Colledges, or other pla­ces for Education of Youth, or main­tenance of men of Learning, or any Alms-houses or Hospitals, or any o­ther uses whatsoever, heretofore made and hereafter to be made with­in the time aforesaid, be and are here­by for ever confirmed and made good, according to the true intent and mean­ing of the Donor or Donors, Grantor or Grantors, Devisor or Devisors, the Statute of Mortmain, or any other Statute, Law, Custom, or Usage, to the contrary notwithstanding.

Provided nevertheless and it is here­by enacted and Ordained that no Gifts, Grants or Devise to any Person or persons whatsoever for any super­stitious use, or for maintenance of [Page 102]any Minister or Teacher whatsoever other then such as are lawfully Or­dained and allowed of by the Church of England, be hereby confirmed and made good, any thing herein, or in any other Act seeming to the con­trary in any wise notwithstanding.

An ACT Declaring it High Treason to counterfeit His Majesties Broad Seal of this Island.

FOrasmuch as by the Laws of this Island no due and condign Pu­nishment hath been heretofore pro­vided for such as shall falsify, forge or counterseit his Majestys Broad Seal of this Island, by reason whereof diverse evil disposed persons may be embolden­ed to perpetrate and commit the said Offence, to the dishonour of his Ma­jesty, and the disinheriting of many of his Majestys good Subjects; for pre­vention whereof,

Be it Enacted and Ordained by the Governor, Council and assembly, and it is hereby Enacted and Ordained by [Page 104]the Authority of the same, that who­soever shall at any time hereaster Fal­sify, Forge or Counterfeit his Majesties Broad Seal of this Island, that every such offence shall be deemed and Judg­ed High Treason, and the offender or offenders therein, their Councellers, Ayders, Abetters, or Concealors being legally convicted thereof by the Oaths of two lawful and credible Witnesses upon Trial or otherwise, then every such person and persons so offending as aforesaid shall be deem'd, declared and adjudged to be Traytors and shall suffer and have such Pains, Penalties and Forfeitures, as in like Cases is Or­dained by the Laws and Statutes of his Majesties Kingdom of England.

An ACT For Clearing of Rio Cobre a­bove and below Cay­mana's.

Whereas the River called Rio Cobre, or the Town River that passeth by St. Jago De La Vega is for several Miles together about the Caymana's stopt up, and hath wholly lost its old Channel by means of the extraordinary Floods, and by the a­bundance of Trees and great quantitys of rubbish that hath been fallen above the said River, and upon other small Rivers and Gullies that fall into the same, whereby several Plantations above and below the stop are upon small Floods totally overflown and the stop by the means aforesaid daily encreaseth, so that it is evident, that in a short time, if no Remedy be ap­plyed, [Page 106]all the settlements and Sugar­works thereabouts will be altogether lost, and what is good Manurable Land now will be turned into mere Bog and Morass, unfit to raise Cattle, in, or convert to any other use, which will not only be a very great loss to to this Island in General, but an ut­ter ruin to the settlers in particular, who have expended great sums of Money in planting thereabouts; for prevention of so great and growing a mischief, be it therefore Enacted and Ordained by the Governour, Council and Assembly, and it is here­by Enacted and Ordained by the Au­thority of the same, that the Gover­nour or Commander in chief for the time being do issue out a Commission, in the nature of a Commission of sew­ers under the Broad Seal of this Island, thereby constituting and appointing twelve good and sufficient Freeholders such as the Governour or Commander in chief as aforesaid, with the Major part of the Councel shall think fit to nominate and choose out of the Pari­shes [Page 107]of St. Catherines and St. An­drews whereof five shall be a Quo­rum and one of which five shall be a Justice of the Quorum, thereby giving and granting unto them or any five or more of them, full power and Autho­rity to assess, lay and receive a reason­able Tax upon the Lands or Negroes, or upon both, as to the said Com­missioners or to any sive or more of them, shall seem just and convenient, of all Persons whatsoever, who have any Lands bounding any ways upon the said River, or upon whosoever shall receive Advantage by clearing the said River, towards the clearing the Old Channell, or by turning the present Course of it some other way, as upon a due survey of the premisses, shall seem most necessary, and which may be done with the least Charge or prejudice to any Person, and that the limits of the said Commission to Tax be and extend upon all the Lands bounding on both sides of the River, from the Plantation of Henry Moles­worth Esq commonly called Cow-park [Page 108]unto the Mouth of the said River where it falleth into the Sea. And be it further Enacted by the Authority afore­said, That every such Person as shall be named a Commissioner in the said Commission, after he hath knowledge thereof, shall take his Corporal Oath to lay a reasonable Tax upon all the Lands or Negroes or upon both, as aforesaid, and that he will to the best of his Skill and Knowledg execute the said Commission, which Oath shall be taken before the Governour or Commander in Chief, or before whom by the Kings Writ of Dedimus Pote­statem, he shall appoint, or before the Justices of the Peace in the Quarter Sessions of the Precincts, where any of the said Commissioners shall re­side, and whosoever of the said Com­missioners shall refuse to take the said Oath shall forfeit the sum of Five pounds; And further, That whosoever shall wilfully fall any Trees or cast or suffer to be cast the same, as also any Pane, Trash or other Rubbish what­soever, into the said River, or into any [Page 109]other River or Gully that shall come into the same, whereby the said stop shall be any wise increased shall for­feit for every such Offence the like sume of Five pounds, both which for­feitures shall be one third part to Our Soveraign Lord the King, His Heirs and Successors, for and towards the Support of the Government of this Island, and the contingent Charges thereof, and the other two thirds to whomsoever shall sue for the same to­wards the Expence of Preventing the Overflowing of the said River, or towards the cutting of a new Chan­nel as aforesaid, and that each of the said Commissioners, that shall meet and sit as aforesaid, shall for each day they so sit receive towards their Ex­pence Five shillings per Diem out of the said Moneys to be levied as a­foresaid.

And be it further Enacted by the Authority aforesaid, That the said Commissioners unto whom the Com­mission as aforesaid shall be directed, [Page 110]or any Five or more of them by ver­tue of the said Commission, and of this present Act shall have full power and Authority to See, Survey and View the said Lands as do use to be o'reflown or any part of them, and all the said Lands and Negroes or their several Owners who possess any Lands or Negroes within the Bounds and Limits aforesaid, to Tax, Rate, Assess and Charge with such Sum and Sums of money, as well for the present clearing of the Old Channel of the said River or for the making a new, if it shall be found necessary, as also for the keeping of it clear, af­ter it shall be cleansed, or turned ano­ther way, and that the said Com­missioners or any Five or more of them shall and may make and ap­point diligent and able Surveyors, Collectors and Overseers, and such other Officers as they shall think fit to Survey and Oversee, and to Levy, Receive and Lay out the Money to be Levied and Expended in and abour the premisses, and to do and execute [Page 111]whatsoever shall be needful and ex­pedient to be done therein according to the directions and Orders, which shall from time to time be prescribed by the said Commissioners or any Five or more of them, and to allow them for their pains; what shall be thought reasonable, and also that it shall and may be lawful for the said Commissioners or any Five or more of them by Warrant under their hands and Seal to Command the taking of any Cart, Wain or Negroes of any Person within the Bounds and Limits of the said Commission to help to­wards the clearing and removing the Premisses, or toward the making a new Channel, Provided always that the Owners of such Carts, Waines or Negroes are not then making Su­gar, and that they take not above five Negroes for a Week out of a Planta­tion, and a Wain or Cart for the same time and that the Owners of such Carts, Waines or Negroes, that shall be so employed be allowed out of their respective Taxes what shall [Page 112]be thought reasonable for the hire of them, by the said Commissioners as aforesaid. And be it Enacted by the Authority aforesaid, that it shall and may be Lawful for the said Com­missioners or any Five or more of them, by Warrants under their hands and Seals, to give Authority to any Person or Persons to Levy the said Sums of Money by them from time to time to be Assessed upon the Per­sons, Lands or Negroes, or upon all or any of them as aforesaid by distress and sale of the Goods of such Person or Persons that shall not pay, or re­fuse to pay the same, and the Over­plus of the value rising upon such sale shall return to the Owner of the same, and in default of such distress to be taken and sold, it shall and may be Lawful for such Collectors as shall be appointed by the said Com­missioners or any Five or more of them to sue the Factor or Attorney of such Person or Persons as have Lands lying within the Limits afore­said.

And that all Constables, Marshals and Tything-men be Aiding and assisting in the levying all such Taxes, as shall be assessed and levyed as aforesaid, and that they receive Twelve Pence in the Pound for Levying the same. And be it further Enacted by the Authority aforesaid, that if any Action or Suit shall be brought against any Person or Persons for taking any Distress or Sale of the same, or for turning the Course, of the River through any Persons Land, or for Cutting a new channel through the same, or any other thing done by the Authority of this Act, the Defen­dant in any such Action, or Suit shall plead the General Issue & give this Act in Evidence, whereupon Issue shall be Joyned, and the Jury shall find for the Defendant, and Assess treble Damage for his wrongful vexation in that be­half. Provided always and it is the true Intent and Meaning of this Act, that if any new Channel for the Con­veyance of the said River be cut through any Persons Lands, all such Damages as he receiveth thereby, [Page 114]shall be valued by the said Commission­ers or any five or more of them, and Satisfaction shall be made to the Ow­ners of such Lands out of the Mony so to be Assessed and Levyed as aforesaid, and whatsoever Land shall be Re­covered by means of Draining, what now is overslown shall belong to the first Proprietors; and that this Act continue in Force for the Term of Five Years and no longer, any thing in this Act or any other seeming to the con­trary notwithstanding.

An ACT For Regulating Building, and preventing Fire.

BE it Enacted by the Governour, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That no Person whatsoever presume to Build any House at Port-Royal within thirty Foot of the High-Water Mark, and that when any House or Houses are already Built, or hereafter shall be Built, on the Har­bor side nearer than thirty Foot of the High-Water Mark, the Wherry Place only accepted, such House or Houses so Built or to be Built, shall and are hereby adjudged, deemed and taken to be publick Nusances, and the Proprietor or Proprietors of the same shall cause such House or Houses Built thereon to be taken down [Page 116]and removed within six Months after conviction thereof, or otherwise Build or cause to be Built within six Months a strong substantial Wharf, so as the same may make a firm Passage or way of Thirty Foot from High-Water Mark. Provided that no House shall be Built further Northward on the Harbour than Major Samuel Bach and Captain Anthony Swimmer on any Land Wharfed or to be Wharfed out between Fort James and Fort Carlisle, but that all Land so made out of the Harbour, or to be made, shall remain unbuilt on.

And be it further Enacted and Decla­red by the aforesaid Authority, That when any Fire shall happen to break out either at Port-Royal, or at any other Town already Built, or which here­after shall be Built within this Island, that two or three of the Chief Military or Civil Officers of the same Town or Parish shall or may and hereby are Empowered to give all such directions for the Pulling down or blowing up [Page 117]any such House or Houses, that shall be by them adjudged meet to be pul­led down or Blown up for the stopping and preventing the further spreading of the same, and if it shall happen that the pulling down or blowing up any such House or Houses by the directi­ons aforesaid, shall be the Occasion of stopping the said Fire, or the Fire stops before it comes to the same, then all and every Owner of such House and Houses shall receive Satis­faction, and be paid for the same by the rest of the Inhabitants, whose Houses shall not be Burnt, who are hereby empowered to make such Rate or Rates for the raising and Levying such Sum and Sums of Mony as shall be thought convenient by the Justices and Vestry men of the Parish.

Provided always, That if that House where the Fire shall first begin and break out shall be Adjudged fit to be Pull'd down to hinder the further spreading and increase of the same, that then the Owners of such House [Page 118]shall receive no manner of satisfaction for the same, any thing in this Act or any other Act to the Contrary Not­withstanding.

And whereas it may be doubted that the Sea may encroach upon the Southward part of the Town of Port-Royal for the prevention whereof be it Enacted by the Authority aforesaid that all Proprietors or Owners of Land or Houses their Factors, Agents, Attorneys, and Guardians, of Chil­dren, or any Persons employed by them, or any of them that are Interested on the Southermost part of Port-Royal from Fort Rupert to the House and Land now Inhabited by one Edward Watkins, and known by the Sign of the Blew Bell, be hereby Enjoyned and Obliged by this Act within twelve Months after Publication here­of Substantially to Wharf out, and Se­cure and keep Secured their respective Proportions of Land joining on the Sea, with substantial Wharf of lasting Timber at least one Foot into the Sea, [Page 119]under the Penalty of Ten Pounds cur­rant Money of this Island, for every Year any such Person or Persons shall Neglect the same, one third part thereof to our Soveraign Lord the King his Heirs and Successors, for and towards the Support of the Govern­ment of this Island and the contingent Charges thereof, one third part to the Church-Wardens of the Parish of Port-Royal for the time being, for the use of the Poor, and the other third part to the Informer or he that shall Sue for the same, in any Court of Re­cord within this Island, wherein no Essoin, Protection, or Wager of Law shall be allowed.

And that the Owners or Proprietors of such Land or Houses as aforesaid may be the better Encouraged to Wharf out as is before appointed, the Street now called the Church Street, shall be no more deemed, accounted or taken for a Street, but shall be Added or Annexed to each Propriety and Freehold in Proportion to their [Page 120]Respective Interest bounding upon the same, for which Consideration they are hereby Obliged to leave a Passage at least eighteen Foot open to the Sea.

Provided that nothing in any Clause of this Act shall Permit and suffer any Person or Persons whatsoever, to Build any House nearer to the Church on the South-side, than what are already Built for the whole length of the Church aforesaid.

And be it further Enacted by the Authority aforesaid, That no Person or Persons do fetch or cause to be fetched in any Boat, Vessel, or Canoa, from the Riffs or Shoals, or dig up any Stones below High-Water Mark from the Eastermost and Southermost Parts of any of the Cays lying off Port-Royal, and that no Stones simall or great be fetched or taken up for balast or any other use from the Eastermost side of the Point on Port-Royal, so far as Plum-Point on Penalty of Ten Pounds for every such offence, and that no Commander and Master of any Ship or Vessel cast or [Page 121]hoist out any Ballast overboard into the water within the Harbour of Port-Royal, or any other Harbour or Bay upon the Penalty of Twenty Pounds for every such offence.

And be it farther Enacted, that no Wreeks be laid up within the Har­bour of Port-Royal, or if any such decayd Vessels or Wreeks sink in the Harbour by neglect of the Owner or Owners, Possessor or Possessors of the same, and not removed within one Month after the sinking thereof, the said Owner or Owners, Possessor or Possessors of the same shall forfeit Twenty Pounds for every Month such Vessel shall so lye.

Provided also that the several Fines, Forfeitures and Penalties before men­tioned in this Act, and not declared where they shall be recovered and how disposed of, be one third to our Sove­raign Lord the King, his Heirs & Suc­cessors, for and towards the support of the Government of this Island & Con­tingent Charges thereof, one third to the Church-Wardens for the use of the [Page 122]Respective Parishes, and one third to the Informer to be recovered by Acti­on of Debt in any Court of Record within this Island, where no Essoins Protection or Wager of Law shall be allowed, any Law, Custom or Usage to the contrary notwithstanding.

And forasmuch as great and diverse complaints are daily made by Masters and Commanders of Ships and Vessels Trading to this Island, that upon their Ships or other Vessels com­ing into any Harbour of the same, the Seamen belonging to the said Ships or Vessels do run on Shore insomuch that they have not left on Board a sufficient Number of men to watch the said Ships or Vessels, Be it therefore Enacted and Ordained by the Au­thority aforesaid, That all and every Person or Persons that shall receive or entertain any Seaman or Seamen belonging to any Trading Ships or Vessels Riding in any Harbour of this Island, after the Ships Bell Ringing to [Page 123]set Watch, at eight of the Clock at night, every such Person or Persons receiving or Entertaining of every such Seaman as aforesaid, shall forfeit for the Entertainment of every such Seaman, the Sum of Forty Shillings, one half to the Poor of the Parish, where the Offence is or shall be com­mitted, and the other half to the Master or Commander that shall Prosecute for the same, to be recovered by a War­rant from a Justice of the Peace, as in cases of Debt not exceeding Forty Shillings.

An ACT For the Maintenance of Mini­sters, and the Poor, and Erect­ing and repayring of Churches.

For raising a convenient mainte­nance for the Ministers and Poor, and Erecting and repairing of Churches within this Island, Be it E­nacted by the Governour, Councel and Assembly, and it is hereby Enacted by the Authority of the same, That the re­spective Justices of every Parish within this Island, or any two of them, shall every Year Issue out their Warrants to the Constables and Tything-men, to Summons the Freeholders of that Pa­rish together, on the Second Tuesday in January for the Choosing of Ten Vestry-men, and two Church-Wardens such as shall conform to the Church of England, and if they shall neglect [Page 125]to Issue their Warrant, so as the E­lection be not made that day, they shall respectively forfeit five pounds Currant mony of this Island, and in Case the said freeholders duly Sum­moned as aforesaid, shall not appear, or appearing do not Choose the said Ten Vestry-men and two Church-Wardens, that then in their Default the said Justices shall within ten days after the said second Tuesday in Ja­nuary, or any day after as to them shall seem convenient, lay a reasonable Tax on the said Parish for the maintenance of the Minister and Poor, and for Erecting convenient Churches and repairing such as are already made, and making convenient seats in them, and if the said Justices and Vestry­men shall neglect their duty herein they shall respectively forfeit five Pounds Currant mony of this Island.

And Be it further Enacted and Or­dained by the Authority aforesaid, That such of the Justices & Vestrymen that shall not be present at the time [Page 126]ted to make the said Taxes, and thereof be convicted by a Certificate under the hands of such as do appear, and have no sufficient excuse for the same, shall Respectively forfeit five Pounds Cur­rant Mony of this Island, and a Roll of the said Tax so made shall be deli­vered into the hands of the respective Constables of the said Purishes with a Warrant under the same signed by any two Justices of the Peace impowering him or them to Levy the said Tax and upon refusal to distrain and sell by Publick Outcry and pay the same into the hands of the Church-Wardens, retaining to himself Twelvepence per Pound for Levying thereof, and if any Person shall refuse to Pay what he is so Assessed and the said Constables Distrain for the same all his Charges shall be paid him with such further allowance for his pains, as the said Justices or any one of them shall judge reasonable, and if the said Justice or Justices shall neglect to Issue the said Warrant, he or they shall respectively [Page 127]forfeit five Pounds Currant Mony of this Island, and if the said Constables or any of them fail of their duty here­in, they shall respectively forfeit five Pounds Currant Mony of this Island, and the Church-Wardens so Chosen shall undertake the said Office and re­ceive and keep a good account of the Monies or goods Levyed by Vertue of this Act, and the same Issue by Order from the said Iustices. and Vestry-men of the Parishes for the purposes and intents aforesaid, and the Church-Wardens shall as often as thereunto required, yield and give a just and true account unto the Justices and Vestry­men of all their Receits and Disburse­ments, and in case the said Church-Wardens, or any of them shall neglect their Duty herein they shall respective­ly forfeit five Pounds Currant Mony of this Island for every refusal.

And be it further Enacted and Or­dained by the Authority aforesaid, That the respective Justices of the Parishes of St. Dorothy and St. Thomas in the [Page 128]Vale, or any two of them shall every Year Issue out their Warrants to the Constables and Tything-men, to Sum­mons in the Freeholders of the said Parishes the Second Tuesday in Fe­bruary for the Choosing of ten Vestry­men and two Church-Wardens as a­foresaid, and that the said Justices and Vestry-men, or the Major part of them are hereby impowered to lay on the Parishioners a reasonable Tax over and above the rate imposed on them by Vertue of this Act, by the Justices and Vestry-men of the Parish of St. Catharines, Provided it exceed not one Hundred Pounds Currant Mony of this Island, for and towards the Building and Erecting Churches and making convenient Seats in them in their respective Parishes and to no other uses whatsoever, and that what­soever Rate or Rates hath been al­ready assessed by the Justices and Vestry-men of the Parish of St. Dorothy's upon their Parishioners or any other Person or Persons having Land, Goods or Stock within the said [Page 129]Parish, is hereby Ratified Confirmed and Declared Lawful, any Clause in this Act seeming to the contrary not­withstanding, a Roll of any Taxes so made shall be delivered into the hands of the respective Constables of each Parish with a Warrant under the same signed by any two of the Justices, Im­powering him or them to Levy the said Tax, and upon refusal to Distrain and Sell by Publick Outcry as afore­said, any thing in this Act seeming to the contrary notwithstanding.

And be it further Enacted and Or­dained by the Authority aforesaid, That the Justices and Vestry-men of each Parish have full Power to enquire into Arrears of former Subscriptions and Taxes, and to Levy the same Ar­rears by Warrant from the Justices to the Constables aforesaid, and that the Minister demand no Fee in his own Parish for Christnings, Marriages, Churchings, or Buryals under the Pe­nalty of five Pounds for every offence, [Page 130]unless such as the Justices and Vestry­men shall allow, any Law, Custom, or usage to the contrary notwithstand­ing, the one half of all which Forfei­tures shall be to the Poor of the Parish and the other Moyety to him or them that shall sue for the same, in any Court of Record within this Island.

And forasmuch as many Persons who may by Vertue of this Act and the Act for mending and repairing the High-ways, be Taxed, and have nothing in the Parish where they are Taxed upon which any Distress may be made, It is therefore Enacted and Ordained by the Authority aforesaid, That in such Cases from and after the making hereof, an Action of Debt shall lye in any Court of Record, or before any Justice of the Peace as in o­ther Debts for the several Church-Wardens and Surveyors of each Re­spective Parish and their Successors to recover against any of the said Persons Rated or Assessed by vertue of this Act, or any of them, or their [Page 131]Agents or Attorneys here all such Sum and Sums of Mony as are or shall be rated or assessed upon them as aforesaid.

And that the same Rate or Assess­ment produced in such Court of Re­cord or before such Justice of the Peace as aforesaid, shall be sufficient Evidence and proof for the recovery of all such Sum or Sums of Mony so Rated or Assessed as aforesaid: Pro­vided nevertheless, and it is the true intent and meaning hereof, That no Justices of the Peace and Vestry-men shall have power to assess any such Person or Persons as aforesaid above the Sum of one shilling Per Annum and for every hundred Acres of Land and so proportionable for a greater or lesser quantity.

And it is hereby further Enacted and Ordained by the Authority aforesaid, That any Person or Persons ag­grieved or Rated in any such Assess­ment or Tax have hereby liberty [Page 132]granted to Appeal to the Justices sit­ing in the Quarter Sessions in their Respective Precincts in this Island; Provided, that such Appeal to them be made at the first or second Quarter Sessions after such Taxes made and not afterwards, and that there it Ap­pearing to the said Justices that he, she or they were Over-rated, Taxed or Assessed, the said Justices are hereby Authorized and Impowered, if they find him, her or them, so Over-rated or Assessed, to ease him, her, or them as to their discretion shall seem meet, but that no Appeal shall lye further, or to any other Court or Place in this Island, for any Tax or Rate made or Assessed by the Justices and Vestry-men of each respective Parish in this Island, any Law, Cu­stom, or Usage to the contrary in any wise notwithstanding, And be it further Enacted and Ordained by the Authority aforesaid, That the Church-wardens of each respective Parish within this Island, do buy or cause to be bought one Fair well bound Book, [Page 133]wherein the Minister, and in case there be no Minister there resident, the Re­spective Church-Wardens upon notice thereof given by the Masters of the several Families, who are hereby re­quired to give such notice under the Penalty of five Pounds shall Register or cause to be Registred by the Clark of the Vestry of that Parish, the Times of the Births, Christnings, Marriages, and Burials, of all such Person or Persons that shall from time to time be Born, Christned, Marryed, or Buri­ed, within the said Parish, under the Pe­nalty of five Pounds for every such Default; And that the said Clark or Person that shall Register the same, shall have and receive as a Fee for each Entry Fifteen Pence and no more.

And it is hereby further Enacted by the Authority aforesaid, That all such entries duly made and kept as a­foresaid shall at all times hereafter be Deemed, Judged and taken as an Authentique Record of all such Births, [Page 134]Christnings, Marriages, and Buri­als, and in all and every the Courts of Records in this Island; But if any Per­son hereby Authorized to make such Entry or any other whatsoever shall make or cause to be made any false En­try, or shall raze our or Imbezel any Entry or Books of Entry, he or they so offending shall be proceeded against and Punished in manner and form, as the Laws of England provide against such as Steal, Raze, or Imbezel, Re­cords; The one Moyety of all which Forfeitures or Penalties or any other mentioned in this Act, and not di­rected how to be disposed of, shall be to the Poor of the Parish where the fault is committed, the other Moyety or half part to the Informer, to be re­covered by Bill, Plaint or Information in any of his Majesties Courts of Re­cord in this Island, wherein no Wager of Law Essoin, Protection or Injuncti­on shall be allowed, any thing in this Act or in any other Act to the contrary in any wise notwithstanding.

And be it further Enacted and Or­dained by the Authority aforesaid, That the Parish of Port-Royal do allow and Pay unto the Minister thereof two Hundred and fifty Pounds Per Annum of Currant Mony of this Island, and that the Parish of St. Catha­rines do allow and pay unto the Mini­sters thereof One Hundred and forty Pounds of the like Mony Per Annum and not less; And that the Parish of St. Thomas, St. Andrews and St. Johns do allow and pay unto their Respective Ministers One Hundred Pounds of like mony Per Annum, and that all the other Parishes within this His Majesties Island, that either have or shall have a Minister, do allow and pay Eighty Pounds Currant Mony and not less, as a constant Yearly Salary for the support and Maintenance of every of their Ministers to be Paid at their Respective dwelling Houses every six Months, without any Charge or defalcation by equal Portions, and none to be Capable of being presented to the said Benefices, or receiving the [Page 136]Profits of the same, unless they pro­duce due Testimonials that they are qualified according to the Canons of the Church of England, by having taken Deacon and Priests Orders, and the said Testimonials to be Recorded in the Secretaries Office.

And be it further Enacted and De­clared by the Authority aforesaid, That no Minister not duly qualified as aforesaid, Presume to Marry any Person or Persons whatsoever under the Penalty of one Hundred Pounds Currant Mony of this Island, one third thereof to our Soveraign Lord the King his Heirs and Successors, for and towards the support of the Govern­ment of this Island and the Contin­gent charges thereof, one third to the Poor of the Parish, where the offence shall be committed, and the other part to him or them that shall Sue for the same in any of the Courts of Records within this Island, and that no Minister presume to Marry any Persons whose Banes have not been [Page 137]Published three times in their Parish Church or have a Licence from the Governour or Commander in Chief for the time being, Authorizing him thereunto, under the like Penalty and to the same uses, to be recovered as asoresaid, or twelve Months Imprison­ment: Provided always and it is the true intent and meaning of this Act, That no Ecclesiastical Law or Ju­risdiction, shall have Power to In­force, Confirm, or Establish any pe­nal Mulcts or Punishment in any case whatsoever, any thing in this Act or any other to the contrary notwith­standing.

And whereas this Island in the twenty ninth Year of his Majesties Reign by an Act of this Country was divided into fifteen Parishes, which were called, distinguished and known by several names hereafter mentioned, that is to say, St. Thomas, St. Davids, Port-Royal, St. Andrews, St. Katha­rines, St. Dorothy's, St. Thomas in the Valley, Clarendon, Vere, St. Johns, St. Georges, St. Maries, St. Anns, St. [Page 138] James, St. Elizabeths, Be it there­fore Enacted and Ordained by the Authority aforesaid, That all and every of the said several Parishes rest, remain and for ever hereafter be di­stinguished and known by the afore­said respective Names, and by no o­ther whatsoever, any thing in this or any other Law to the contrary not­withstanding.

An ACT Ascertaining the Value of Foreign Coins, and Establishing Interest.

BE it Enacted by the Governour, Council and Assembly, and it is hereby Enacted by the Authority of the same, That each single Spanish Dubloon or French Pistol shall be cur­rant, and pass for twenty Shillings Currant Mony, each single Piece of Sevil, Mexico, or Piller, and each French Crown at five shillings, Cur­rant Mony, a Peru Piece of Eight at Four shillings, and all Monies what­soever of those Coins aforesaid, shall in all Payments whatsoever be pro­portionably rated, any Law, Custom, or Usage to the contrary notwith­standing.

That whosoever shall for base lucre by any way or means Coyn, Falsify, Impair, Diminish, Seal, Wash, Clip, File, or Lighten, any of the Mony aforesaid, or any other Mony Currant in this Island, shall be guilty of High Treason, any Law, Custom, or Usage to the contrary notwithstanding.

And it is further Enacted and De­clared by the Authority aforesaid, that from and after the twentieth day of July in the Year of our Lord one Thousand six hundred eighty and one no Person or Persons whatsoever upon any Contract made or to be made shall directly or indirectly take for the Loan of any Monies above the Value of Ten pounds Currant Mony for the forbearance of One Hundred Pounds Currant Mony for one Year, and so after the rate for a greater or lesser Sum for a longer or shorter time, which said Interest is hereby declared to be only recoverable upon Penal Bonds and Mortgages.

That all Bonds, Contracts, and Assurances whatsoever, made here­after for the Payment of any Princi­pal Mony to be lent on Usury, whereupon or whereby there shall be received or taken above the Rates of Ten Pounds Currant mony in the Hundred as aforesaid, shall be utterly Void, and that all and every Person or Persons whatsoever, who shall hereafter upon any Contract to be made, take, accept, or receive, by any way or means, or Corrupt Bar­gain, Loan, or Exchange, Shift, or Interest, of any Moneys, or by deceipt or any other Fraudulent Con­veyance for forbearance or giving day of Payment for one whole Year, or in proportion for a longer or short­er time for their Monies, the Sum of Ten Pounds Currant Mony aforesaid, shall Forfeit and lose for every such his or their Offence treble the Value of the Mony lent or bargained for, by any way or means whatsoever, One Moyety of which Forfeitures shall be to Our Soveraign Lord the King his [Page 142]Heirs and Successors for and towards the support of the Government of this Island, and the Contingent Charges thereof, the other Moyety to him or them that shall Sue for the same, in any Court of Record within this Island, wherein no Essoin, Protecti­on, or Wager of Law shall be allow­ed.

And whereas certain evil disposed Goldsmiths, deceitfully do make and sell Plate and other Gold and Sil­ver Wares to the great Defrauding of his Majesties Subjects of this Island, for remedy whereof, Be it Enacted by the Authority aforesaid, That no Goldsmith or Worker in Gold or Silver within this Island, from and after the first day of August in the Year of our Lord One Thousand Six Hundred Eighty and One, shall Work, Sell, Exchange, or cause to be Wrought, Sold, or Exchanged, any Plate or other Goldsmiths Ware of Gold, less in fineness than twenty two Carrats, and that from the time afore­said, no Goldsmith or Worker in [Page 143]Gold or Silver shall Make, Sell or Ex­change in any place within this Island, any Plate or Goldsmiths Wares of Silver less in fineness than that of E­leven Ounces two Penny weight, and that no Goldsmith or Worker in Gold or Silver shall presume to put to Sale, Exchange or Sell, any Plate of Gold­smiths work of Gold or Silver, before he hath set his own Mark to so much thereof as may conveniently bear the same, upon pain of Forfeiting the Value of the thing so Sold or Exchanged.

And be it further Enacted and Or­dained by the Authority aforesaid, That whatsoever Goldsmith or Wor­ker in Gold or Silver as aforesaid, from and after the said first day of August, shall presume to Sell or Ex­change any Gold or Silver Wares, of less fineness than aforesaid, for every such first offence, shall forfeit treble the Value of the said Wares so Sold or Exchanged, one half where­of shall be to our Soveraign Lord the King his Heirs and Successors, for [Page 144]and towards the support of the Go­vernment of this Island, and the Con­tingent Charges thereof, and the other half to the Party aggrieved to be recovered in manner and form aforesaid, and whosoever shall offend the Second time, and thereof be con­victed, shall stand in the Pillory for the space of one Hour, and lose his Ears for the same.

An ACT For the better Securing certain Titles, made by way of Re­lease and Confirmation, under the Great Seal of this Island.

WHereas Nicholas Keen and John Duray Late of this I­sland, Died Aliens, or otherwise In­capable by Law to make any good Devise or other Conveyance of such Real Estate as they, or either of them Dyed Seized of in this Island, And forasmuch as Redman Macragh Claim­ing under one Dennis Macragh Decea­sed, who Claimed under the last Will and Testament of the said Nicholas Keen hath as well through his own Industry and Expence as the great Charge and Hazard of the said Dennis, very Considerably Improved the said [Page 146]Estate of the said Nicholas Keen; And that Samuuel Bradway Executor of the Last Will and Testament of the said John Duray, to whom also the said John Duray did by his Last Will and Testament in Writing Devise, give and Bequeath all his Real Estate, hath out of the same, Satisfied and Paid the Debts of the said John Du­ray, and by his own care and Cost very much Advanced and Improved the Real Estate of the said John Duray, And that the said Redman Macragh and Samuel Bradway, have on their Humble Petitions, severally obtained a Grant for the same, under the Great Seal of this Island, by way of Re­lease and Confirmation, that is to say, a Grant unto the said Redman Ma­cragh his Heirs and Assigns for Ever, of all the Real Estate of the said Nico­las Keene, and the said Samuel Brad­way, another Grant as aforesaid, unto him, his Heirs and Assigns for Ever, of all the Real Estate of the said John Duray.

Be it therefore Enacted and Or­dained by the Governour, Coun­cil, and Assembly, And it is hereby Enacted and Ordained by the Autho­rity of the same, That the said Grants severally made under the Great Seal of this Island, by way of Release and Confirmation of the Estate of the said Nicholas Keen Deceased unto Redman Macragh, his Heirs and Assigns, and the Grant made as aforesaid, by way of Release and Confirmation of the Estate of John Duray unto the said Samuel Bradway, his Heirs and Assigns, be hereby Ratysied and Confirmed, and the several-Estates hereby also Released, and Confirmed unto the said several Grantees, their Heirs and Assigns for ever, any Statute, Law, Custom, or Usage, to the contrary in any wise Notwithstanding.

An ACT For setling the Militia.

WHereas the Situation of this Island, amidst Subtle, Rich and Potent Nations, cannot but suffi­ciently Convince every reasonable Man of the Necessity the Inhabitants have, of being well Armed and Train­ed up in the Art Military, as well for the Honour and Service of His Most Excellent Majesty, As the Preservati­on of our own Lives and Fortunes,

Be it therefore Enacted and Or­dained by the Governour, Council, and Assembly, And it is hereby E­nacted and Ordained, by the Authori­ty of the same, That no Person what­soever from 15 to 60 Years of Age, remain Unlisted by themselves, or Masters, Mistrisses, or Employers under the Captains, in the respective Places of their Abode, in Foot, or [Page 149]Horse, the space of six Weeks, on Penalty of Forty Shillings and so for every Six Weeks, such Per­sons shall remain Unlisted; And that every Foot Souldier be provided with a well Fixed Musket or Fusee, or (if the Officer so appoint) with a good Pike and Sword, or Launce and Pistol, Each Musqueteer to have six Charges of Powder and one Cartouch Box, and so shall appear, when and where Appointed, upon Penalty of Ten Shil­lings for his Default in not Appear­ing, and Four Shillings for want of each Charge of Powder, Gun, Pike, Sword, Pistol, or Cartouch-Box, so as the whole Penalty for any Person at one time Exceed not Ten Shillings; and that every Souldier belonging to the Horse, shall when and where com­manded, appear and be provided with a good Serviceable Horse of Ten Pounds Value at the least, Covered with a good Saddle, with Holsters, Breast-Plate and-Crupper, and a Case of good Pistols, Hanger, Sword or Rapier, and half a Pound of Powder, [Page 150]on Penalty of Ten Shillings for each times absence, and Six Shillings for default of each the particulars above­mentioned, so as the whole Penalty for one time exceed not fifteen Shil­lings, and that every Foot Souldier shall have at his Habitation and Abode two Pounds of good Powder and Six pounds of sizable Bullet, and every Trooper have at his Usual place of abode, a well Fixed Carbine with Belt and Swivel and Four pounds of fine powder, with twelve pounds of Sizable Bullets, on Penalty of Ten Shil­lings for each Default, and that each of them shall bring the same into the Field, when Commanded, upon Penalty of answering the same at a Court Martial: Provided nevertheless, that nothing herein be Construed to Extend to sorce or compel any Per­son, that hath or shall be in conimissi­on in this Island to List himself in any Company or Troop, or to serve in any Capacity beneath the sormer Commission, unless such Person hath been Degraded by a Court Martial.

And it is further Enacted by the Authority aforesaid, That no Person so Listed as aforesaid shall depart thence without a discharge from the Commander of the Company or Troop where Listed, on Penalty of forty Shillings, and that no Com­mander of any Company or Troop shall refuse when desired to give a discharge in Writing to any that is removing his Abode out of the Pre­cincts under the Penalty of Five Pounds.

And whereas at the Town of Port-Royal, Guards, and Watches are every Night set and appointed, Be it therefore Enacted and Declared by the Authority aforesaid, That it shall and may be Lawful for any Person or Persons Listed in the Regiment of Port-Royal (except on extraordinary occasions) to put a well Armed Man in their room, who if approved of by the Captain of the Guard, shall excuse his or their Absence; Provi­ded always, that the Commission [Page 152]Officers and Serjeants of the Respe­ctive Companies be obliged in their respective turns, to Mount the Guards in their proper Persons, and that no Person shall refuse to be a Ser­jeant, Corporal, or Drummer, in the Company or Troop, wherein he is Listed, under the Penalty of Five Pounds.

And be it further Enacted and Or­dained by the Authority aforesaid, That all Captains of Companies of Foot or Troops of Horse, shall within Six Months from and after Publicati­on of this Act, Provide for their Companies, and Troops, Drums, and Colours, Trumpets, Trumpeters, and Banners. at their own Charge under Penalty of Ten pounds, and so for every Six Months such Comman­ders shall remain unprovided, and that all the Colonels of the respective Regiments, or next Chief Officer in their. Absence shall once every Year at the Least Issue out their Warrants to their Inferiour Officers command­ing [Page 153]them to make diligent Search and inquiry in their several pre­cincts, that all be duly Listed, Armed, and Equipped, and to return to them such defects as shall be found, to the end the same may be reformed on Penalty of 100 Pounds and that once every two Months, or oftener, as occasion shall require, and Command be given by the Commander in Chief, the several Companies and Troops in each Regiment shall Meet at the next and most convenient Pla­ces, to be appointed by their respe­ctive Ossicers, to be then and there by them Mustered and Exercised, only the Regiment on Port-Royal shall Meet and Exercise one Company in each Week Successively, and the whole Regiment once in Eleven Weeks.

And it is further Enacted and Or­dained by the Authority aforesaid That during the time the said Officers and Souldiers are in Arms they shall observe and keep all and every of the [Page 154]Laws and Articles of War, and give all due Obedience to their Su­perior Officers, which Laws and Articles the Commander in Chief with Advice of a General Council of War, is to make and Establish, and the Commanders of the several Regi­ments to give out Copies of the said Articles unto their respective Officers, that the same may be publickly read once every Six Months unto the Soul­diers, whilst they are in Arms, that all Persons may the better know and observe their Duties, and if it shall happen that any of the Officers or Souldiers, shall when they are out of Arms, endeavour to take revenge by force, for any thing his or their Superi­our Officers Lawfully did in pursu­ance of his or their duty and this Act, the said Officers and Souldiers shall be brought to a Court Marshal and there punished, as if the offence had been done in time of Service or Ex­ercise: Provided that the said Punish­ment do not Extend to Life or Limb.

And be it further Enacted by the Authority aforesaid, That once every Year, or oftener if thereunto com­manded, each particular Captain shall give to his Field Officer, and the Field Officer to the Commander in Chief, fair Written Rolls of their re­spective Companies and Regiments, and if any Field Officer, Captain or other Inferior Officer or Souldier, shall neglect or contemn performing the Lawful Commands of their re­spective Superiour Officers, he or they shall be punished by Fine, Cashee­ring or Punishment according to the Discretion of a Court Marshal, which the Commander in Chief is to ap­point and Establish, and the Orders of the said Court Martial, are hereby declared to be Binding in all Military Affairs; And if any Person upon any Invasion, or other Publique Military Service, be Wounded or Disabled, he shall be Cured and Maintained out of the Publique Revenue, and if any Person whatsoever shall be Sued, Molested, or Impleaded, for any [Page 156]thing Lawfully commanded in the Execution and Pursuance of this pre­sent Act, he shall plead the General Issue and give this Act in Evidence, and shall thereupon, if found for him, recover Costs of Suit and treble Damages.

And be it further Enacted by the Authority aforesaid, That upon every Apprehension and appearance of any Publique danger or Invasion, the Commander in Chief do forthwith call a Council of War, and with their Advice and Consent cause and Com­mand the Articles of War to be Pro­claimed at Port-Royal and St. Jago de la Vega, from which said Publication the Martial Law is to be in Force, that then it shall and may be Lawful for the said Commander in Chief to Command the Persons of any of His Majesties Leige People, as also their Negroes, Horses, and Cattle, for all such Services as may be for the Publick Defence, and to pull down Houses, Cut down Timber, com­mand [Page 157]Ships and Boats, and Ge­nerally to Act and do with all full Power and Authority, all such things as he and the said Council of War shall think Necessary and Expedient for His Majesties Service and Defence of this Island: Provided always and it is the true Intent and meaning of this Act, that as soon as the Common Law revives and is in Force, the said Negroes, Servants, Cattles, Ships or Boats, so Imployed as afore­said, be immediatly discharged; and to the end it may be certainly known, when the Martial Law ceaseth, and the Common Law taketh place, It is hereby declared that upon Lodging the Colours and discharging the Soldiers from their Arms, the Martial Law ceaseth and the Common Law revives and taketh place. Provided also that the Martial or his Deputy shall not presume to arrest, any such Souldier, within one Month after every such discharge, nor in the time of his going or coming, to or from the place of Exercise, or Rendevous, [Page 158]under the Penalty of Ten pounds, and of being further lyable to an Action of false Imprisonment; and in case of any such Arrest, it shall be Lawful for the respective Captain, or other Commission Officer to release any of his or their Souldiers so Arrested.

And it is hereby further Enacted and Ordained by the Authority afore­said, That if upon any Alarm or In­vasion any Person or Persons whatso­ever shall suffer either by the Land­ing of an Enemy or drawing toge­ther His Majesties Forces of this Island, all such Damage or Damages whether in Servants, Negroes, Horses, Cattel, or in the Labour of any of them, or in the expence of Provision, or by Fire, or by any other Loss whatso­ever, that may Accrue by the means aforesaid, that then upon due appli­cation and Proof thereof made unto the Governour and Council, the said Damages shall be reasonably Valued, and forthwith payd out of the Publick [Page 159]Revenue, and that if there be no Mony there, the Governour and com­mander in Chief do forthwith call an Assembly, and recommend to them all Cases of the like Nature, so that Mony may be Legally raised for the Publick Disbursements, and every one receive just and equal satisfaction for their losses.

Provided always, and it is hereby Enacted and declared by the Authori­ty aforesaid, That the several Fines and Forfeitures Mentioned in this Act, and not Declared in what man­ner they shall be recovered, and how disposed of, that all such as do Relate to any Person under the degree of a Captain, shall be to the respective Captains to Defray the Charge of their Companies or Troops, and to be Levyed before the next Exerci­sing day, by distress and Sale of the Oftenders Goods by the Captains Warrant to the Serjeant or Corporal, and if no Distress be found, the Punish­ment to be by Ryding the Wooden [Page 160]Horse, or being tyed Neck and Heels, not exceeding an Hour at the discreti­on of their Officer, but if the offender be a Servan [...] the Owners Goods shall be lyable to the Distresses and Sales as aforesaid, so that Satisfaction may be made; and for all other Penalties mentioned in this Act, the same shall be levyed by Distress and Sale of the offenders Goods and Chattels by the Provost Marshal by Warrant from the Commander in Chief, one half thereof shall be to Our Soveraign Lord the King, His. Heirs and Successors for and towards the Support of the Go­vernment of this Island, and the Con­tingent Charges thereof, and the other half to the Informer.

And be it further Enacted by the Authority aforesaid, That it shall and may be Lawful for any Com­mission Officer belonging to the Regiment on Port-Royal under the degree of a Captain, in the absence of the said Captain from of the Point, to Grant Warrants of distress against [Page 161]any Persons whatsoever that shall Absent themselves from their Duty on the night Guards, without send­ing a sufficient Person to serve and Watch in their Stead, which said Warrants so Granted shall be as Ef­fectual to all Intents and purposes whatsoever, as if they or any of them had been granted by the Captains themselves.

And be it likewise Enacted by the Authority aforesaid, That no Wherry, Ships Boat, or Canoa, shall at any time pass the Fort at Port-Royal under the Penalty of Twenty Shil­lings to be recovered by Warrant from any Justice of the Peace, with­out giving Notice to the Captain of the said Fort, or whosoever shall Command in Chief therein in his Absence, which said Notice shall be sufficient Leave to pass the said Fort, without any further Charge or trouble whatsoever, unless the said Captain or other his Subordinate Officer have reasonable cause to Suspect the Person so desiring leave, to have some evil [Page 162]design in going off with, or carrying off any Persons contrary to Law, in which Case it shall and may be Law­ful for the said Captain or his afore­said Officer to hinder their departure out of the Harbour until the said Cap­tain or Officer be satisfied of the Law­fulness of their occasion, any Act, Custom, or Usage, to the contrary notwithstanding.

Be it also further Enacted by the Authority aforesaid, That no Person whatsoever presume to Fire any small Arms after eight of the Clock at Night, unless in case of an Alarm, Insurrection, or other lawful occasi­on, and in either of the said Cases Four Muskets or small Arms distinct­ly Fired shall be taken for an Alarm from Quarter to Quarter, and every Person that shall be duly convicted be­fore a Regimental Court Martial, of neglecting his Duty in taking and giving forward any Alarm by Firing Four Muskets or small Arms as afore­said, or shall be Guilty of Firing any small Arms after Eight of the Clock [Page 163]at Night, unless as aforesaid, shall be Fined, or otherwise punished at the discretion of a Court Martial, not extending to Life or Limb.

And whosoever shall be found to be a Transgressor herein, by the next Commission Officer under Penalty of Five Pounds be caused to be Appre­hended, and sent under a Guard to the next Marshal, who is hereby ob­liged under Penalty of Twenty Pounds to receive and secure the said Offender until he shall be Tryed or Discharged by a Court Marshal as a­foresaid.

And for the better Prevention of False Alarms, That no Captain, Ma­ster, or Commander of any Ship, or Vessel, Riding at Anchor in the Har­bour of Port-Royal or any other Bay or Harbour, or any other Person, Fire any Gun after Sun set, under Penalty of Forty Shillings for every Gun so Fired, to be Levyed by War­rant from the Chief Officer not under the Degree of a Captain, who is [Page 164]hereby Impowered to Administer an Oath and give Judgment thereupon by Distress or Sale of the offenders Goods, and for want of Distress the said Chief Officer is hereby Impowe­red to Commit such Offender to Goal, there to remain until payment of the same, and that in Case the said Chief Officer shall not perform his Duty therein, he shall forfeit Ten Pounds to be levyed by Warrant from the Go­vernour or Commander in Chief for the time being; Provided always that this Clause shall in no ways con­cern or extend to any Captain, or Officer of any of His Majesties Ships of War, for their Firing of one Gun for the setting of the Watch.

Provided always and it is hereby further Enacted and declared by the Authority aforesaid, That nothing in this Act contained be expounded, construed, or understood, to dimi­nish, alter or abridge the power of the Governour or Commander in Chief for the time being, but that in [Page 165]all things, and upon all occasions, he may act as fully and freely as Captain General and Chief Governour, to all Intents and purposes, as if this Act had never been made, any thing in this Act to the contrary notwithstand­ing.

Provided also, And it is hereby E­nacted and Declared by the Authority aforesaid, That nothing within this Act, or any clause therein contained shall be deemed, construed or under­stood, to give any Captain, General or Commander in Chief, any Power or Authority for the sending any Person or Persons of this Island against their will, or to do any other act or thing contrary or repugnant unto the known Laws of England or this I­sland.

An ACT For prevention of Law Suits.

BE it Enacted and Ordained by the Governour, Council, and Assembly, And it is hereby Enacted and Ordained by the Authority of the same, That all Possessions of, or Titles to any Lands or Houses what­soever, derived by or from any Sales, for Valuable considerations made either by the Brovost Marshals, Creditors, or by the Executors, or Administrators, of any Persons De­ceased, or by the Husbands in Right of their Wives, or by the Endors­ments or Delivery up of Patents, or by any Decrees in Chancery, or by any Last Wills and Testaments, or by any Patent Granted upon Judg­ment given in Writs of Escheat or Cessavit, and the said Person or any claiming under them now being in [Page 167]Possession of the same, be by this present Act Ratified, Confirmed, and Declared good and Legal to all In­tents and Purposes whatsoever; Pro­vided always that such Possessors or Purchasors, their Heirs, or Assigns, have or shall continue in quiet or peaceable Possession of the same, for the space of Seven Years without any Claim or Interruption, and the said Sales, Patents, Decrees, and Possessions, as aforesaid, to be a per­petual Bar against all manner of Per­sons Claiming, or to Claim, any Right or Title by Descent, Purchase, Marriage, or Limitation, for or by reason of any former Grant, Gift, Patent or Conveyance, any Law, Custom, or Usage, in any wise to the contrary notwithstanding.

And it is hereby Enacted and De­clared by the Authority aforesaid, That in all Writs of Escheat here­after to be Granted, the Provost Mar­shal be commanded to Inquire by a Jury of Twelve Free and Lawful Men [Page 168]upon their Oaths, (they then being upon the Premises) the true Value of all and singular, the Real Estate, which any Person so Dying without, Heirs was at the time of his Death Sei zed of, and that after Office found and returned into the Supreme Court and Judgment hereupon given and Re­corded, It be Lawful for the Gover­nour for the time being, or in his ab­sence, the Commander in Chief, to pass any Grant of the said Escheated Estate, under the Broad Seal of this Island. Provided that a Clause be therein Inserted, that the said Grant shall determine and be Voyd, in case any Right Heir appears and Claims the same, and Legally approves him­self to be Heir, within Three Years after the Date of the said Patent, and that the Value of the said Escheated Estate, as it was Apprised at, shall be secured to be paid unto the Trea­sury of this Island, after the Expirati­on of Three Years from the Date of the Patent, If no Heir in the mean time shall Obtain the same, by such [Page 169]Person or Persons to whom the Governour or Commander in Chief, as aforesaid, shall by Patent under the Broad Seal of this Island grant the same, and that the Treasurer or Re­ceiver, be hereby required to pay or cause to be paid, the Sum or Sums of Mony the said Escheated Estate was Valued at, out of the Treasury, unto or for the Use of such Heir, who shall Claim the same, and Approve Him­self to be Heir, before any other Pay­ment whatsoever, which Proof of the Heirs Title shall be made by any pub­lick Attestation, or otherwise as shall be beleived to be Evidence by the Judges and Jury, to be recovered at any time without Limitation.

And be it further Enacted by the Authority aforesaid, That all Bills of Sale and Conveyances whatsoever, heretofore made, or that hereafter shall be made, by Husband and Wife, and acknowledged before the Judge of any Court of Record within this Island, and duly Recorded, shall be [Page 170]good and Valid in Law against all Persons whatsoever, that can or may pretend to Claim any Estate in the Lands or Tenements so conveyed, to all Intents and purposes whatsoever, as if the same had passed by Fine and Recovery in any of his Majesties Courts of Westminster.

Provided always that where any true and Valuable Improvement is made on such Escheated Land by the Patentee or Patentees during the said Three Years, that such Heir before his Entring upon the same shall satisfie and pay unto such Patentee or Paten­tees, all such Charges, as the Chancel­lour for the time being, shall judge to be reasonably Expended, together with the Interest of the same, accord­ing to the Custom of this Country, any thing herein contain'd to the Contrary notwithstanding.

An ACT For Establishing Courts and directing the Marshals Proceedings.

FOr the better and more Orderly Regulation and Establishment of the several Courts of Justice with­in this Island, as well in respect of the time as place for holding the same, and also directing the Marshals Pro­ceedings, Be it Enacted by the Gover­nour, Council, and Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That the Judges of the Supream Court of Ju­dicature for the time being, are here­by fully Impowered and Authorized to have Cognizance of all Pleas, Civil Criminal, and Mixt, as fully and am­ply, to all intents and purposes what­soever, as the Courts of Kings Bench, Common Pleas and Exchequer within [Page 172]His Majesties Kingdom of England, have or ought to have, and the said Court shall be duly and constantly kept at the Town of St. Jago de la Ve­ga and not else where, once every three Months, and not oftner, and that there be Five Judges at the least appointed to hold the same Court, three whereof to be a Quorum, and that the several Inferior Courts of Common Pleas established, or that shall be Established in the several Pre­cincts of this Island, shall have Juris­diction over all Causes wherein any Free-hold isnot concerned, to the Value of Twenty Pounds with Cosles and no more, and that the same be held and kept at the same time and in the same place of the respective Pre­cincts, where the Justices of the Peace shall hold and keep the Quarter Sessi­ons once every three Months, and that none of the said Courts be kept oft­ner, nor in any other place or manner than is hereby declared.

Provided always and it is hereby Enacted by the Authority aforesaid, that in respect Port-Royal is the Chief Seat of Trade within this Island, and it is found by Experience that a quicker and more speedy dispatch of all Maritine and Merchandizing affairs give the greatest satisfaction to all Parties concerned, it shall and may be Lawful for the Judg or Judges of the Court there Established, to hold and keep the same once every two Months and not oftner, and that it shall and may be Lawful for the Chan­cellour here for the time being upon application made to Grant a Justices to any of the Inferiour Courts, with­in this Island, any thing herein con­tained to the contrary notwithstand­ing.

And be it further Enacted by the Authority aforesaid, That it shall not be Lawful for any Person or Persons whatsoever Appointed, Elected or Chosen, to be a Judge or Judges of the aforesaid Courts, to Execute or [Page 174]Officiate his or their said Place or Office, until such time as he or they shall respectively take the Oaths of Allegance and Supremacy in open Court, and that none of the said Jud­ges directly nor indirectly shall ask, demand, or receive, any other pro­fit, benefit or advantage, from any of the Clarks of the said Courts, or o­ther Person whatsoever, under colour or pretence of such their Place, Of­fice or Authority, but what is allowed them by the Acts of this Island, under the Penalty of Five Hundred pounds of Currant Mony of this Island.

And be it further Enacted by the Authority aforesaid, That all and every of the Judges of the several Courts before mentioned, be and are hereby sufficiently Empowered to make, order and establish all such Rules, and Orders for the more or­derly practising and proceeding in their said Courts, as fully and amply to all Intents and purposes whatso­ever, as all or any of the Judges of the [Page 175]several Courts of the Kings Bench, Common Pleas, and Exchequer in England Legally do, and that no Councillour or Attorney be suffered to practise in any of the said Courts, until they be first admitted by the same, and have taken as well the Oath of an Attorny, as the Oaths of Allegiance and Supremacy under the Penalty of Twenty pounds of Currant Mony of this Island, and whatsoever Councillor or Attorney shall by neg­ligence or ignorance mistake his Cli­ents Cause, and Imperfectly lay his Action or ill Draw the Declaration, whereby the Client shall suffer a Non­suit, he or they so offending shall be lyable by Rule of Court, without any other Process or course of Law what­soever, to pay unto the party ag­grieved full Costs of Suit; and to the end that no Person shall be Damnifi­ed by mistake of his Lawyer, for mat­ter of Form only, Be it Enacted and Declared by the Authority aforesaid, That the Judges shall at all times on Motion made in Court, order Amend­ments, [Page 176]and shall not upon Arrest of Judgment or Writ of Errour for matter of Form only, reverse any Judgment whatsoever, And be it E­nacted and Declared by the Authority aforesaid, That no Action of Wast shall be permitted to be brought or allowed to lye within any Court of this Island, and that no Free-holder whatsoever, being of know Residence, shall be Arrested by any Process out of any of the said Courts upon the Pe­nalty of Twenty pounds Currant Mo­ny to be paid by the Plaintiff to the Party so Arrested, and what Action or other proceeding whatsoever shall be entred, sued, had, made, or prose­cuted thereupon, contrary to the true intent and meaning thereof shall and is hereby declared to be void and of no Effect to all intents and purposes what­soever, And that no Suit be had or Process taken out of the Supream Court of Judicature for any matter or Cause of Action under the Value of Twenty pounds Currant Mony of this Island, upon the Penalty of Twenty [Page 177]Pounds of the like Money, to be paid by the Plaintiff in the said Action, but that the same be tryed in the Court of the Precincts, where such Cause of Action doth arise, Provided that both Parties reside there, and that the Inhabitants and Residents, in St. Catharines, St. Dorothy's, St. Thomas in the Vale, and St. Johns, Sue as formerly in the Supreme Court for any Sum whatsoever, until they shall have Petty Courts Erected in their own Parishes, any thing in this Act to the contrary notwithstanding.

And it is further Enacted by the Authority aforesaid, That in all and every the Inferiour Courts within this Island, upon Summons duly served, and the Defendant not appearing, Judgment shall go by default in the same manner and form, as in the Su­preme Court; Provided always that it is the true Intent and meaning of this Act, that as well in the Supreme Court as any other the Inferiour Courts within this Island, the Provost [Page 178]Marshal or his Lawful Deputy shall appear in open Court and there depose upon Oath, that the Party or Parties against whom Judgment shall go by default, hath been legally Summoned Fourteen Days before the said Court, any thing in this Act or any other to the contrary notwithstanding.

And it is likewise Enacted and Or­dained by the Authority aforesaid, that upon any Declaration exhibited in debt upon specialty or Bill under hand, or in case of a book Debt upon a Concessit Solvere and disclosing the special matter to the Chief Judge of the Supream Court, of Judicature that the said debtor against whom the Plaint is entred is either gone off this Island, or that upon process already taken out against him, a Non est Inven­tus hath been returned, an Attach­ment shall then Issue, thereby com­manding the Provost Marshal, or his lawful Deputy to attach such Monys Goods, Chattels, or Debts in the hands of the Possessors of the same, be [Page 179]they Attorney, Wife, Servant or any other Person, and also require them to appear at the next Court, to shew Cause, why the said Money, Goods, Chattels or Debts, or so much thereof as will satisfie the said Debts then demanded, should not be delivered to the Plaintiff; at which Day, if the said Possessor or Debtor, be they At­torney, Wife, Servant, or other Per­son, as aforesaid, be convicted by Confession, Verdict, or otherwise, that the said Moneys, Goods, Chat­tels or Debts do properly belong to the person so gone off this Island, or otherwise absented himself as afore­said, and if the Plaintiff before or after due proof made, do solemnly swear in open Court, that his Debt is true, and that directly or indi­rectly no part or parcel of what he demanded is satisfied, and also give in Security in double the Sum he de­mands, to restore the same with treble Dammages, or so much thereof as shall at any time afterwards be disproved, that then and in all such [Page 180]Cases the Plaintiff shall have Judg­ment to recover the said Debt out of the said Money, Goods, Chattels or Debts so attached as aforesaid.

Provided always, That if any will appear as Attorney to the said Debtor and put in Bail to answer the Action and pay the Condemnation, that then and in all such Cases the Attachment on the said Money, Goods, Chattels or Debts shall be dissolved, and Pro­ceedings had according to the Custom of the Common Law, but if the Possessor or Owner of such Money, Goods, Chattels or Debts, be they Attorney, Wife, Servant, or other person, as aforesaid, shall after At­tachment so laid on them in the re­spective hands dispose of the said Money, Goods, Chattels, or Debts, towards the payment of any other Debts, before the said Debt, for which the Attachment was laid, be satisfied, or the said Attachment be dissolved, that then and in all such Cases the said Party, for such their [Page 181]Default, shall be liable to make satisfa­ction to the Plaintiff out of their own proper Estates.

And be it further Enacted and Or­dained by the Authority aforesaid, That in all Debts not exceeding Forty Shillings, upon Complaint made to any Justice of the Peace, that the Debtor against whom he complaineth is gone off this Island, or otherwise absented himself, that then it shall and may be lawful for the said Justice of the Peace to issue out a Warrant of Attachment to be levied by the Con­stable, in manner and form as is be­fore prescribed, to the Provost-Mar­shal for the Execution of the Writ, and to be immediately determined by the said Justice, any Clause in this Act or any other to the contrary not­withstanding.

And be it further Enacted and Or­dained by the Authority aforesaid, That all Summons and other Process hereafter mentioned shall be served [Page 182]and executed in manner and form, as is herein directed, and in no other manner or way whatsoever, (that is to say) That all Summons as well from the Supreme Court as all other the Inferiour Courts within this Island, Port-Royal only excepted, shall be delivered to the Party, or left at their respective Dwellings fourteen days before the several Courts by a sworn Marshal, and that at Port-Royal all Summons shall be delivered ten days before the Courts, otherwise it shall be deemed and taken as no Ser­vice, and the Defendant not bound by it to appear; and that all Reple­vins, Foreign Attachments at the Su­preme Court and Warrants of Arrest be served at any time as heretofore, and that no Execution shall be taken out, served or executed until Twenty Eight Days be fully expired after Judgment, except at Port-Royal, where Execution shall issue Ten Days after Judgment obtained, and that no Negroes, Horses, or any manner of Utensils belonging to a Plantation, [Page 183]Brick or Pot-work, nor any other Negroes whatsoever, from and after the making hereof shall be taken in Execution, where the Party against whom the Execution is obtained, shall offer Goods for satisfaction of the Debt and Costs of Suit.

And it is further Enacted, That the said Defendant who hath his Goods taken upon Execution shall have free liberty to convey and carry off the Goods so taken at his own proper Costs and Charges to the next and most convenient place and Market for disposal of the said Goods, and there shall have free power and liberty to make Contracts, bargain for and sell the Goods so taken in Execution, the Defendant first acquainting the Marshal who levied the Execution upon the Goods, with such Bargain or Contract, to the end the Marshal may deliver the same, and receive the Produce thereof according to his Pre­cept.

And it is further Enacted by the Au­thority aforesaid, That if the Defen­dant, after his Goods shall be so taken in Execution as aforesaid, shall delay or neglect selling or disposing of the Goods until ten days before the next ensuing Court, that then and in all such Cases, it shall and may be lawful for the Marshal to take the said Goods and Chattels of the Defen­dant, and the same to sell by publick Outcry.

And it is further Enacted by tho Authority aforesaid, That where no such Goods as aforesaid shall be shewn and offered to the Provost-Marshal, so that the Negroes, Working-Cattel, or necessary Utensils must be taken in Execution, that then and in all such Cases the said Negroes, Horses or U­tensils shall not be removed, but re­main still in the Defendants possession, and that upon the Marshals return at the same Court as aforesaid, that he hath levied such Effects and left them in [Page 185]the Defendants hands, there issue out a Venditioni Exponas, without any charge of Mile-money, in these words following:

The King to the Provost-Marshal, Greeting,

WHereas We lately commanded thee by Our Writ, That of the Goods and Chattels real and per­sonal of A. B. thou shouldest levy or cause to be levied as also Costs of Suit which C. D. hath recovered against him, By Vertue of which Writ thou didst return unto Ʋs, that thou hadst taken in Execution of the Goods of the said A. B. to the Value of the said Debt and Costs of Suit, which said Goods remain in the Custody of the said A. B. by thee in form as afore­said taken, thou expose to sale, and the Money thereof coming thou imme­diately render to the said C. D. for his Debt or Dammages and Cost as afore­said, but if the Goods aforesaid shall [Page 186]be imbezell'd or made away, or that the said A. B. doth not deliver the same, that then thou levy the said Debts or Dammages and Costs upon any other the Goods and Chattels of the said A. B. and immediately expose them to sale, and if thou canst not find sufficient Goods or Chattels, by which the whole Debt or Dammage and Costs may be satisfied, that then you take the Body of the said A. B. and him safely keep, so that thou have his Body before Ʋs, at Our next Court, to satisfie the said C. D. of the said Debt or Dammages and Cost, or so much thereof as by thee cannot be levied, and have thou then and there this Writ. Witness, &c.

By vertue whereof the said Goods shall be sold by publick Outery at the next Court of the Precincts, where the Goods are taken, and if they are so arrested or taken in the Parish of St. Catharines, St. Dorothy's, St. Tho­mas in the Vale, or St. John's, until they shall have petty Courts of their own erected, Publication shall be [Page 187]then made at the same Court, that the Return is made, that the said Goods shall be sold twenty Days after by publick Outcry in the Parade-place of St. Jago de la Vega, and the Mo­ney arising from the said Sale shall not remain in the Marshals hands, but be paid to the Plaintiff, or his Order within ten days, under the Penalty of half the Debt to be recovered by the Plaintiff to his own Use, in any Court of Record within this Island, where no Essoin, Prote­ction, or Wager of Law shall be allowed.

And it is further Enacted by the Authority aforesaid, That where the Person against whom such Execution is issued hath not the Goods afore­mentioned in this Act by him to shew and offer to the Marshal within the time prescribed, that nevertheless the Marshal shall not lay the Execution upon any Negroes, Working-Cattel, or Utensils upon or belonging to any Plantation, Brick or Pot-work, or [Page 188]any other Negroes whatsoever, if the Defendant shew or deliver to him any other Stock or Cattel being in a Pen, the said Cattel or Stock to be sold by publick Outcry, upon Venditioni Ex­ponas, to be issued as aforesaid.

And it is further Enacted and Or­dained by the Authority aforesaid, That all Accidents that happen, whilst the Goods that are taken in Execution, remain in the Defendants possession, be born and made good by the De­fendant, and that no property shall be by the Defendant transferred or made in or to any such Goods that shall be so taken in Execution by vertue of this Act. Provided always and it is hereby further Enacted and Declared, That where the Body of the Defen­dant shall be taken in Execution, that nevertheless if any Effects afterwards appear, the Plarntiff may take out another Execution, and levy the same on the said Effects, for satisfaction of the said Debt, any Law, Cu­stom or Usage to the contrary not­withstanding.

And it is further Enacted by the Authority aforesaid, That where any Prisoner or Prisoners under Execution, shall have nothing to maintain him, her or themselves, that then he, she or they disclosing the same upon Oath unto two Justices of the Peace of the Parish where he, she or they shall be Prisoners, and making it ap­pear to the Judges of the Supreme Court, that he, she or they have given notice to all their Creditors ten days before the said Court, that they or either of them intend to take the be­nefit of this Act, bringing likewise to the said Court a Certificate of such their Oath under the Hands and Seals of the said Justices, that then the Prisoner or Prisoners so taken in Exe­cution shall be publickly let to hire at the said Court, the Marshal receiving for his Fees a proportionable share with the other Creditors, and the Money so arising from the said Hire shall be paid to such persons, as the Court shall appoint, to be equally [Page 190]divided among the Creditors as afore­said, but in case any Creditors shall refuse to consent to letting the said Prisoner or Prisoners to hire, that then such Creditor shall pay or cause to be paid to the said Prisoner or Prisoners Three Shillings and Six Pence Weekly. Provided always and it is hereby Enacted, That if any Prisoner or Prisoners so let to hire shall at any time afterwards come to have or enjoy an Estate, having not first satisfied their Debts, that then at all times hereafter the Judgment obtained against him, her or them shall remain good and in force, and another Execution shall be taken out and levied against the Goods and Chattels of the said Prisoner or Pri­soners, wheresover. they shall be found.

And be it further Enacted by the Authority aforesaid, That if the Pro­vost-Marshal by himself or any of his Deputies shall levy any Execution in any other manner than what is [Page 191]herein before declared, or shall ask, demand or receive any Mile-money for the Executing any Writ of Exe­cution or Venditioni Exponas, shall forfeit One hundred Pounds currant Money of this Island for every such Offence, to be recovered in any Court of Record within this Island, wherein no Essoin, Protection or Wager of Law shall be allowed, the one Moity whereof shall be to Our Soveraign Lord the King, His Heirs and Successors, for and towards the support of the Government of this Island, and the contingent Charges thereof, the other Moity to the party aggrieved.

And it is further Enacted by the Authority aforesaid, That the several Fines, Forfeitures and Penalties before­mentioned in this Act, and not decla­red how they shall be disposed of shall be recovered in any Court of Record within this Island, wherein no Essoin, Protection or Wager of Law shall be allowed, the one Moity whereof shall [Page 192]be to Our Soveraign Lord the King, His Heirs and Successors, for and to­wards the support of the Government of this Island and the contingent Charges thereof, and the other Moity to the Informer, or he that shall sue for the same.

An ACT Appointing where the Laws of this Island shall be Lodged.

WHereas no place hath been hitherto appointed for the lodging and securing the Acts of this Island, so that his Majesties Subjects have been at no Certainty where to find the same and take Copies thereof, to their great detriment and Incon­veniency; for remedy whereof for the future, Be it Enacted and Ordained by the Governour Council and Assem­bly, And it is hereby Enacted by the Authority of the same, That from and after the end and determination of this present Session as well the O­riginal Act heretofore made and E­nacted since the Seventeenth Day of of March in the Year of Our Lord One Thousand Six Hundred and Eighty, as those also herewith, or [Page 194]that shall hereafter be Enacted shall be Lodged in the Secretaries Office of Enrolments at St. Jago de la Vega, and not elsewhere, and the Secretary for the time being shall at all Office Hours be ready to shew all or any of the said Acts when thereunto requi­red by any of His Majesties Subjects as may or shall have occasion to View the same, and shall give Copies there­of, or any Clause in any of them con­tained for which he shall be allowed Eight pence per Sheet accounting Sixteen Lines to a Sheet, and Four­teen Words to a Line, and that he shall likewise be allowed for Compa­ring and Examining any Copy con­taining the whole body of the Laws with the Originals, Forty shillings Currant Mony and no more, and to the end His Majesties Subjects may be fully satisfied no Embezelment, Ra­zure, or Defacements of the said Acts, or any of them shall for the future, be Committed in the said Office, it is Enacted and Ordained by the Au­thority aforesaid, that the Secretary [Page 195]of this Island, or his lawful Deputy that shall Act in his Room or Stead shall give in Bond with good and sufficient Security to Our Soveraign Lord the King, His Heirs and Suc­cessors, in the Penalty of Four Thou­sand Pounds in the following Con­dition.

THE Condition of this Obli­gation is such, that if the above bound A. B. shall and do well and faith­fully Execute and Perform the Offices and places of Secretary, and Clerk of the Enrolments for this His Majesties Island of Jamaica, and also faithfully and truly keep and preserve in his said Office, all and every the Acts of this Island made since the seventeenth Day of March in the Year of our Lord God One Thousand Six hundred and Eighty, so that his Majesties Subjects may have recourse thereunto, and do in all things else comply with the Duty of the said Offices according to the Trust reposed in him and according to the Laws of this [Page 196] Island in such Cases made and provided, that then the above written Obligation to be void and of none Effect, or else to remain in full force and vertue.

Provided always that neither the said Secretary nor his Deputy for the time being do or shall from and after the Twentieth Day of November next ensuing, presume to Act or Officiate his said Office until he or they shall enter into the aforesaid Bond, with the Condition before recited, upon Pe­nalty of Five Hundred Pounds for eve­ry time he or they shall so Officiate or Act in his said Office to be recove­red in the Supream Court of Judica­ture in this Island, by Bill, Plaint or Information wherein no Essoin, Pro­tection, Injunction, Wager of Law or Non vult ulterius prosequi shall be admitted or allowed, the one half to be to our Soveraign Lord the King, His Heirs and Successors, for and towards the Support of the Government of this His Majesties Island and the Con­tingent [Page 197]Charges thereof, and the o­ther half to the Informer, or him that shall Sue for the same, any Law, Custom or Usage, to the contrary in any wise notwithstanding.

Provided also and be it hereby De­clared, That if the Secretary or his Lawful Deputy for the time being in this Island, shall enter into Bond as aforesaid, which said Bond shall be lodged as is appointed in an Act en­tituled an Act for Regulating Fees, That then it shall be accounted suffi­cient to discharge him or them from entring into any other Bond, or Se­curity required by the Acts of this I­sland, any thing herein or in any o­ther Act to the contrary notwith­standing.

An ACT For raising a Publick Impost.

WE His Majesties Most Duti­ful and Loyal Subjects, the Assembly of this His Majesties Island, being duly sensible, of His Majesties extraordinary Grace and Favour in restoring unto us our Ancient Form of making Laws, and in the Great Assurance given us of His Princely resolution, to apply not only the Re­venue by us now intended to be rai­sed, but even all His Majesties Quitt Rents arising from Lands granted or to be granted within this Island, to the Support of the Government of this His Majesties Island, and the Contin­gent Charges thereof, and to no o­ther use whatsoever, And we like­wise taking into our serious conside­ration the great expence His Majesty hath, and may be at in and about the [Page 199]Support of the Government of this His Island, and the Contingent Char­ges thereof, as also the Great Sums of Mony required for the Reparation of His Forts and Fortifications now much decayd, and the apparent dan­ger and inconveniency that may ac­crue by any longer neglect, have Cheerfully and Unanimously given and granted, and do hereby give and grant, unto His Most Excellent Ma­jesty, his Heirs and Successors, for and towards the Repairing and Building Forts and Fortifications, and for the defraying of the many necessary and contingent Charges, in and about the Support of the Government of this His Majesties Island, a certain Impost on the several Liquors and Goods hereafter mentioned, and Hum­bly Beseech His Majesty, to accept the same, and that it may be Enacted, And be it Enacted by the Governour, Council, and Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That from and after, the first day of October in [Page 200]the Year of our Lord One Thousand Six Hundred Eighty and Two, All the following Liquors and Goods hereafter specified, that shall be Im­ported, shall pay after the Rates hereafter mentioned, That is to say, all Spanish and Madera Wines the Sum of Four pounds Per Tun, all Wines Imported, of the Growth of the Western Islands or Mixture of the Madera Wines, with those of the Western Islands, the Sum of Ten Pounds Per Tun, every Tun of French or Rhenish Wines Three pounds, Every Gallon of Brandy one Shilling, every Gallon of English Spirits Three Pence every Tun of Beer or Syder Eight Shillings, every Tun of Mum or Metheglin Forty Shillings, for every Hundred Pounds of White Sugar Ten Shillings, for every Hundred Pounds of Muscovado or Pameel Sugar Six shillings, for every Pound of Indigo Six pence, for every Pound of Tobacco two Pence, for every Hundred Pounds of Ginger Ten shillings, for every Gallon of Rum One Shilling and Six [Page 201]Pence, for every Hundred Pounds of Cocoa Ten Shillings, and so proportio­nably for a greater of lesser quantity, of the several Liquors and Goods a­foresaid imported into this Island by way of Merchandize.

And be it further Enacted by the Authority aforesaid, That every Mer­chant or other Person Importing any Wines or other Liquors into this I­sland, shall (being thereunto requi­red by the Collector) within Twenty Days after Landing, make up Ac­counts and give Bonds in the Penalty of double the Value the same shall a­mount unto, and upon such accompt so to be made up and Bond given as aforesaid, shall be allowed after the rate of Ten Per Cent for Leakage, and shall have time for Payment there­of, as is hereafter Mentioned; That is to say, from the end and ex­piration of the first two Months, from the making up such Accompts to pay one third part thereof, and a­nother third part at the end of the fourth Month and the remainder at [Page 202]the end of the Six Months, And that every Hogs-head of Wine or other Liquors, that shall not have full Seven Inches or above left therein, and every Butt or Pipe not above Nine Inches shall be accounted for outs, and the Merchant or Importer, to pay no Custom for the same, and in case of difference that may arise between the Importer, or Master of the Vessel touching Leakage on Board, and for Wines or Liquors that shall hap­pen to Soure within the aforesaid Twenty Days, the Person or Persons so aggrieved, shall have a Warrant of Survey from the Naval Officer, who is hereby impowered and requi­red to grant the same, and that re­turns of such Warrants to be granted as aforesaid, shall be made upon Oath to the said Naval Officer, and by him remitted to the Collectors Office in Order to the making up their Accompts with the Collector, and better proving their Damage by Ill Stowage or otherwise, and in case any such Merchant or Importer shall (be­ing [Page 203]thereunto required as aforesaid) refuse to make up his Accompto and give Bonds as aforesaid he shall lose the benefit of the Ten Per Cent for Leakage, and the time given for the payment of the Mony, and if the Re­ceiver shall be forced to Sue for the same, and do recover, the Defen­dant shall pay treble Damages.

And it is further enacted by the Authority aforesaid, that if at the en­try of any Ship or Vessel, in the Na­val Office it shall appear by the Masters report or otherwise, that he hath imported any Madera Wines he the said Master or the Boat-swain shall take the following Oath, which the said Naval Officer is hereby Impowe­red to administer, I A. B. do swear that the Wines by me Imported, were ta­ken on Board at the Island of Madera, and that I do not Directly or Indirectly know, but that the said Wines, are of the said Island, without any mixture of the Wines of the growth of any of the We­stern Islands; so help me God. And if the said Master or Boat-swaine shall re­suse [Page 204]to take the abovesaid Oath, that then the said Wines so Imported shall be deemed and taken, to be Wines of the Growth of the Western Islands, and shall pay Customs accordingly.

And it is further Enacted and De­clared by the Authority aforesaid, That if all or any of the aforesaid Liquors or Goods lyable to the Duties afore­said, be Landed and afterwards Ex­ported, within Twelve Months after the Importation thereof, that the Col­lector or Receiver shall discompt or repay unto the Owners or their Assigns half the Customs of the said Liquors, and Goods, according to the Rates before mentioned, which the Collector or Receiver is to repay or compt, on the Penalty of double the Sum for every such refusal, to the Par­ty aggrieved. And it is likewise fur­ther Enacted and Declared by the Au­thority aforesaid, that all Ships and Vessels coming from any Place to the Northward of the Tropick of Cancer to Trade within this Island, shall re­spectively Pay for every Tun such [Page 205]Ship or Vessel shall contain, and for every time they arrive, one Pound of good and new Gun-powder, and also all Ships and Vessels trading any way to the Southward of the Tropick of Cancer, shall respectively pay, for e­very Tun such Ship or Vessel shall contain, One Pound of good and New Gun-powder, once every Year and no more, the same to be to our Soveraign Lord the King, His Heirs and Successors, for the publick use of this His Majesties Island.

And it it is likewise further Enacted and Ordained by the Authority afore­said, That the Collector or Receiver appointed for the receipt of such Gun­powder shall receive the same in Specie, and not presume in lieu thereof, to receive mony or any other consi­deration whatsoever, upon Penalty of Twenty Pounds Currant mony for e­very such offence.

And it is likewise Enacted by the Authority aforesaid, That if any Master or Commander of any Ship or [Page 206]Ships, Merchant Factor, Purser, Ma­riner, or any other Person whatso­ever, without the presence of the Col­lector, or some Person appointed by him, or notice given him, or before his or their Regular entry, made with the said Collector, or payment of the Duty or Security given by Bond as aforesaid, shall after Sun-set, and be­fore Sunrising put on Shoar, or put in­to any Boat or Vessel in order to Land­ing any of the Liquors, or any Goods contained or mentioned in this Act, with an intent to defraud His Majesty of his Customs for the same, the said Liquors and Goods shall be forfeited, two Third parts to Our Soveraign Lord the King, His Heirs and Succes­sors for and towards the support of the Government of this Island and the contingent Charges thereof, and the other third part to the Informer or Seizer, be it the Receiver his Agents, or any other Person whatsoever, the same to be recovered by Bill, Plaint or Information, in any Court of Record within this Island, any thing in this [Page 207]Act or any other to the contrary not­withstanding, And all manner of Per­sons, are hereby required to be Aid­ing and Assisting to the Receiver, his Agents, the Informer, Discoverer and Seizer of such Liquors or Goods so Landed or unladen contrary to the true intent and meaning of this Act.

And it is hereby further Enacted by the Authority aforesaid, That it shall and may be Lawful for the Receiver, his Agents, the Informer or Discove­rer, by Vertue of a Warrant from the Commander in Chief, or any of his Majesties Justices of the Peace, to that purpose first obtained, with one Constable or more, to search accord­ing to Law all manner of Houses Cel­lers Warehouses, and Shops, for such Liquors and Goods as they or any of them shall be Informed, were carryed there to be concealed in prejudice, to the true meaning of this Act, and such Liquors and Goods so found, shall be forfeited and Condemned in Manner and Form before mentioned; Provided [Page 208]that the Search be made within Three days after Information.

And it is likewise further Enacted and Ordained by the Authority afore­said That during the continuation of this Act the Collector or his Deputy give his or their attendance at his Office, from Nine to Eleven of the Clock in the Morning, and from two to Four in the Afternoon, upon Pe­nalty of Twenty Pounds Currant mo­ny of this Island for every default.

Be it likewise Enacted and Ordai­ned by the Authority aforesaid, That all and every Person and Persons whatsoever in this Island, which from and after the making of this Act, shall have or receive from the Governour or Commander in Chief of this Island a Licence to Sell and retail any Strong Liquors in any part of this I­sland, shall pay for the said Licence, and every Year for renewing of the same, the Sum of five Pounds Currant Mo­ny, to Our Soveraign Lord the King [Page 209]His Heirs and Successors. And who­soever shall presume to Sell by Retail any of the strong Liquors as aforesaid, without such License had and obtained as aforesaid, shall forfeit for every such Offence, the Sum of Ten Pounds currant Money of this Island.

And it is hereby Enacted and De­clared by the Authority aforesaid, That if any new Setler or Comer shall import into this Island any Rum, Sugar, Tobacco, Indico, Cocoa, Gin­ger, or Cotton, by himself, or any other person or persons for his or their better conveniency in Settling and Planting, and shall not only declare, such his or their intentions upon Oath before the Collector, who is hereby impowered to Administer the same at the time of importation, but shall likewise make the same appear, with­in three Months after his or their ar­rival, by some visible effect, which he or they shall shew, in order to it, that then the same being sufficiently made known and appear to the said [Page 210]Collector or Receiver, the said Goods shall not be chargeable with any Duty or Customs, any thing in this Act to the contrary notwithstanding, And the said new Comers to enjoy the aforesaid Priviledge for three Months after their arrival. Provided also, that it shall and may be lawful, for any Master or Merchant of any Ship or Vessel to land or put on shore, any of the said Goods, without being fur­ther liable to pay any Duty or Custom for any part or parcel thereof, more than what he shall sell or dispose of within this Island, any thing in this Act to the contrary notwithstand­ing.

And it is further Enacted, by the Authority aforesaid, That as well his Majesty's Quit-Rents, arising from Lands granted or to be granted, with­in this Island, and every part and parcel thereof, as also all and every part of the Revenue, hereby granted, or which hereafter shall grow due by Vertue of this Act, or any thing [Page 211]herein contained, shall be applied and appropriated, and are hereby appro­priated to the Support of the Govern­ment, of this his Majesty's Island, and the contingent Charges thereof, and to no other use, intent or purpose whatsoever.

And that His Majesty's Forts and Fortifications within this Island, may for the future be kept in better repair, And if His Majesty in his great Wis­dom shall think convenient, other new ones may be built: Be it further Enacted by the Authority aforesaid, That the Sum of One Thousand Pounds per Annum, arising as afore­said, be, during the Term of Seven Years, Annually paid and appropria­ted unto the Repairing, Building and Rebuilding of His Majesty's Forts and Fortifications, within this Island, and to no other use, intent and purpose whatsoever, and the same is hereby appropriated accordingly.

And it is hereby further Enacted, by the Authority aforesaid, That the Collector or Receiver-General of this Island, for the time being, or he that shall Officiate in his room or stead, shall annually, during the Term afore­said, out of the Money received by Vertue of this Act, charge down the said One Thousand Pounds so as afore­said appropriated, to the particular Accompt of the Fortifications, and shall keep a distinct Book of Accompts for the same, which Book of Ac­compts, shall be free and open at all Office-hours, for any person to view the same, without paying any man­ner of Fee therefore; and that the said Receiver-General or his Deputy shall (when and as often as thereunto required, by the Governour, Council or Assembly when sitting, or to any Committee by them or either of them to be appointed) give in upon Oath (which Oath they are hereby em­powered to Administer) a just and true Accompt of the particular Dis­bursements [Page 213]out of the Thousand Pounds per Annum, so appropriated as aforesaid, and that the said Recei­ver-General shall with good and suffi­cient Security, such as shall be appro­ved of by the Governour and a Quo­rum of the Council, enter into Bond in the Penalty of Five Thousand Pounds (which Bond shall lie in the Secretary's Office, to be sued, in man­ner and form, as is directed in an Act, requiring all Masters of Ships and Vessels to give Security in the Se­cretaries Office) under the Condition hereafter expressed; That is to say,

THE Condition of this Obligation is such, That if the above bound A.B. Collector or Receiver-General, shall well and truly accompt for as often as he shall be thereunto required, by the Governour for the time being, and a Quorum of the Council, or a Commit­tee of the Assembly, all and every such Sum and Sums of Money, which either have or shall come to his hands, either by Vertue of an Act, intituled, An Act [Page 214]for Raising a Publick Impost, made at an Assembly held by Prorogation the Fourth day of October, in the Thirty third Tear of His Majesties Reign, or an Act, intituled, An Act for Raising a Publick Impost, made at an Assembly held by Prorogation the Twenty first day of September, in the Thirty fourth Year of His Majesty's Reign that now is, or any other Act or Acts whatsoever, as also well and truly to pay the Sum of One Thousand Pounds yearly and every Year, for and during the time the aforesaid Act, made in the Thirty fourth Year of the King's Reign, inti­tuled, An Act for Raising a Publick Impost, shall be in force, by Warrant of the Governour, with the Advice and Consent of a Quorum of the Council, for and towards the Repairing and Building Fortifications, and also pay all other Sums of Money, according to the intent and meaning and to the uses mentioned and directed in the said Acts, that then this present Obligation to be void, otherwise to remain in full force and vertue.

And in case the said Collector or Receiver-General or his Deputies shall presume to Act in the said Office, longer than twenty days after the pas­sing of this Act before he hath given the Security, with the Condition aforesaid, he or they shall for every such Offence, forfeit the Sum of One Thousand Pounds currant Money of this Island. One third part thereof to be to our Soveraign Lord the King, His Heirs and Successors, for and towards the support of the Government of this Island and the contingent Charges thereof, One other third to the In­former, or him that shall sue for the same, and the other third to the Poor of the Parish, where the said Infor­mer shall be resident, to be recovered in any Court of Record within this Island, by Bill, Plaint, or Information, wherein no Essoin, Protection, Wager of Law, or Non vult ulterius prosequi shall be admitted or allowed, any thing in this Act or any other seeming to the contrary notwithstanding.

And that the said Collector, Re­ceiver, or his Deputy, shall not at any time hereafter, upon any pretence whatsoever, pay the said One Thousand Pounds per Annum, or any part or parcel thereof, or any other Sum or Sums of Money whatsoever, arising from the Quit-Rents, or by Vertue of this Act, unless he or they shall first have or receive, for his or their Authority a Warrant under the Hand and Seal of the Governour, or Commander in Chief for the time being, with the Advice and Consent of the Council expressing the Sum to be paid, and the end and purpose whereunto the same is or shall be applied, And in case the Collector, Receiver-General or his Deputy, shall contrary to the true intent and meaning hereof, pay any Sum or Sums of Money whatso­ever, or if any other person or per­sons whatsoever, shall misapply any of the Moneys so as aforesaid appro­priated contrary to the true intent and [Page 217]meaning of this Act the Offender or Offenders, shall forfeit and pay treble the Sum by him or them so paid or misapplied.

Be it further Enacted by the Autho­rity aforesaid, That all Forfeitures and Penalties, mentioned in this Act, and not declared how they shall be dispo­sed of, and in what manner to be re­covered, shall be one half to our So­vereign Lord the King, His Heirs and Successors, for and towards the Sup­port of the Government of this Island, and the contingent Charges thereof, and the other half to the Informer, to be recovered by Bill, Plaint or Infor­mation, in any Court of Record within this Island, wherein no Essoin, Protection, Wager of Law, Non vult ulterius prosequi, or Injunction shall be allowed, any thing in this Act, or any other to the contrary, in any wise notwithstanding.

And it is hereby Enacted and De­clared, by the Authority aforesaid, [Page 218]That from and after the First day of this present October, an Act intituled, An Act for Raising a Publick Impost, made at an Assembly, held at the Town of St. Jago de la Vega, the Fourth day of October, in the Three and thirtieth Year of His Majesty's Reign that now is, and all and every Clause and Clauses therein contained be and are hereby repealed, to all in­tents and purposes whatsoever.

And it is hereby Enacted and De­clared, by the Authority aforesaid, That this present Act remain and con­tinue in force, for the Term of Seven Years, and no longer.

WHich Laws having upon the perusal of the Right Honourable the Lords of the Com­mittee of Trade and Foreign Plan­tations, been presented to His Ma­jesty at this Board, His Majesty was graciously pleased (with the Advice of His Privy Council) to approve and confirm the same for the space of Seven Years, to com­mence from the First of October last preceding the Date hereof, And pursuant to His Royal Plea­sure thereupon signisied and ex­pressed, the said Laws are hereby approved and consirmed for the space of Seven Years accordingly.

John Nicholas.
FINIS.

LAW-BOOKS Printed for, or Sold by Charles Harper, at the Flower-de-Luce, over against St. Dunstan's-Church in Fleet-street.

Folio, Law.

THe Statutes at large, from Magna Charta, to this present Year 1682. in Paragraphs and Sections, with References to the Books of the Law, and an exact Table; By Joseph Keble of Gray's-Inn Esq in folio.

An Assistance to Justices of the Peace, for the easier performance of their Duty; The first Part thereof being a Collection of all the particular Clauses of Sta­tutes from Magna Charta to this time, that does any ways concern Juslices of the Peace; In the other Part the whole Office of a Justice is methodically digested; with the newest and most approved Presidents, under proper Heads; the whole accommodated to present use. By Joseph Keble of Gray's-Inn Esq

A Collection of Entries, &c By William Rastal; fol.

The Lord Coke's Book of Entries.

—His Commentary on Littleton, being the first Part of the Institutes.

—His Commentary on Magna Charta, &c. or the 2d Part of the Institutes.

—His Pleas of the Crown, or 3d. Part of the In­stitutes.

—His Jurisdiction of Courts, or 4th. Part of the Institutes.

—His 11 Reports in French, with a Table, and the 12th and 13th in English.

—His 11 Reports compleat in English, with a Table.

An Abridgment of Cases, and Resolutions of Law, contained as well in the Law-Books, Statutes and Re­cords, as of modern Judgments in the Courts of West­minster. By H. Roll, Serjeant at Law: Published by the L. C. J. Hales.

The Year Books, in to Volumes, the last Edition, with new Notes and Tables to them all.

Origines Juridiciales; oran Account of the English Laws, Courts of Justice, Forms of Tryal, Punishment in Cases Criminal, Law-Writers, Law-Books, Grants and Settlements of Estates, &c. Also a Chronology of the Lord Chancellors, Keepers, Treasurers, Justices Itinerant, Judges, Barons, Masters of the Rolls, Kings Attorneys, and Sollicitors and Serjeants at Law. By Sir William Dugdale, Kt.

The Law of Common Assurances, touching Deeds in general, viz. Feoffinents, Gifts, Grants, Leases, with two Alphabetical Tables. By William Sheppard, Esq

The Country Justice; containing the Practice of the Justices of the Peace, as well in as out of Sessions. By M. Dalton, with large Additions, printed 1682.

Modern Reports; By William Style of the Inner-Temple Esq

Actions for Slanders; By William Sheppard Esq

Reports of H. Roll Serj. at Law, in two Volumes, in the Kings-Bench, in the time of King James.

Prynn's Animadversions on the Lord Coke's 4th In­stitutes.

Sir Henry Yelverton's Reports in the King-Bench, in the time of Queen Elizabeth and King James. Pub­lished by Judge Wilde.

The Reports of Sir John Davies, with a Table.

The Reports of the learned Judge, Sir Henry Hobart; The fourth Edition corrected and amended.

The Reports of Sir George Crook Kt. in the time of Q. Elizabeth, K. James, and K. Charles the First; Col­lected in French by himself, revised and published in English by Sir Harbottle Grimstone, Master of the Rolls; the third Edition, in three Volumes. This Book is now reprinted with References to all the late Reports.

Reports in the Kings-Bench, in the time of King Charles the First. By Jo. Latch of the Middle-Temple.

Reports of the late Reverend Judge Th. Owen Esq one of the Justices of the Common Pleas; with Tables.

Reports and Arguments, in the time of K. Charles the Second, of that learned Judge Sir Jo. Vaughan, lato Chief Justice of the Common Pleas.

The Reports of Sir James Dyer, in the time of H. S. Ed. 6. Phil. and Mary, and Q. Elix. with a Table.

The Reports of the Lord Keeper Littleton, in the time of King Charles the First; with Tables.

The Office and Authority of Sheriffs, gathered out of the Statutes and Books of the Common Law; Cor­rected and very much enlarged by Mich. Dalton; with a Supplement of all Matters relating to Sheriffs, since Mr. Dalton's time.

Formulaebene Placitandi, A Book of Entries, con­taining variety of choice Presidents, of Counts, De­clarations, Informations, Pleas in Bar and Abatement, Continuances, Replications, Rejoynders, Issues, Ver­dicts, Judgments after Verdict, Utlawries, Recoveries and Avowrics, and other Pleadings, in real, personal and mixt Actions, of general use to all Students in the Law; the 2d Edition corrected and amended. By William Brown, a Clerk in the Court of Common Pleas, in two Parts, in fol.

Mr. Thompson's Book of Entries, in sol.

Law, Quarto.

The Grand Abridgment of the Common and Statute-Law of England, Alphabetically digested, under proper Heads and Titles, very useful and beneficial for all persons whatsoever, that desire to have any know­ledge in the said Laws; in four Parts. By William Shep­pard Esq

Doctrina Platitandi, or the Art of good Pleading, shewing where, and in what cases, and by what persons, Pleas as well real as personal, or mixt, may be pro­perly pleaded. By S. E. Serjeant at Law.

The Compleat Clerk, containing the best forms of all sorts of Conveyances and Assurances, and other Instruments now in use and practice; and forms for [Page]Bills and Answers in Chancery, &c. with the names of. Men and Women in Latin; also Trades and Occu­pations, Counties, Bishopricks, &c.

Placita Latinè Rediviva, A Book of Entries con­taining approved Presidents of Counts, Declarations, Bars, Replications, &c. as well real as personal.

The Reports of the learned and judicious Clerk, J. Gouldsborough Esq in the time of Queen Elizabeth.

A Treatise of Wills and Testaments, fit to be under­stood by all men, that they may know, whether, where­of, and how to make them. By H. Swineborne, Judge of the Prerogative Court at York; The fourth Edi­tion very much enlarged,

Law, Octavo.

An Abridgment of the Statutes in force and use from Magna Charta till this present year 1682. By Edmond Wingats of Gray's-Inn, Esq

Fetzherbert's Natura Brevium, corrected and a­mended; printed 1676.

The Terms of the Law, with large Additions.

The Compleat Justice, being a compendious and ex­act Collection out of all such Statutes and Authors as may any ways concern the Office of a Justice of Peace, very much enlarged and carefully brought down to the year 1681. with a proper Charge to be given at the Quarter Sessions. By R. Chamberlain of Gray's-Inn, Esq

Fragmenta Autiquitatis, Ancient Tenures of Eng­land, and Jocular Customs of some Mannors, made publick for the Diversion of some, and Instruction of others. By T. Blunt of the Inuer-Temple, Esq

The Compleat Attorney, and Guide for Solicitors in the Courts of Chancery, Kings-Bench, Common-Plea:, and Exchequer, with the manner of their Proceedings in any Action, real, personal, or mixt, (from the Original to the Execution) with the Fees of the Officers in those Courts; to which is added, the Practice of the Court; in London, and Ecclesiastical Courts.

The Office of Coroners and Sheriffs, together with an casie and plain Method for the keeping of Court-Leets, [Page]Court-Barons, and Hundred-Courts; By J. Wil­kinson of Bernards-Inn.

Law, or a Discourse thereof, in four Books; By Sir Henry Finch, Kt. in English.

De Laudibus Legum Angliae; By Sir John Forteseue, Lord Chancellor to King Henry the Sixth: Whereunto is added the two Sums of Sir Ralph de Hengham, com­monly called Hengham magna and Hengbam parva, with Notes on both; By the famous Antiquary John Selden, Esq

Tractatus de Legibus & Consuctudinibus Regni An­ghae tempore Regis Henrii secundi; Compositus Au­thore Randulpho d' Glanvilla.

History, &c.

in Fol.

  • 1. The History of Q. Elizabeth; By W. Camden King at Arms; the third Edition with a new Table.
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FINIS.

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