IMAGE EVALUATION 
 TEST TARGET (MT.3) 
 
 // 
 
 ^/ 
 
 ^.<^. 
 
 
 
 
 ^ 
 
 ^ 
 
 11.25 
 
 I^Hii 125 
 12.2 
 
 
 lit 
 
 lU 
 
 u 
 
 1 |Z0 
 
 U 11.6 
 
 Fhotographic 
 _,Sciaices 
 Corporation 
 
 23 WIST rUIN SIR! IT 
 
 WnSTIR,N.Y. MSN 
 
 (716) S72-4S03 
 
 \ 
 
 V 
 
 •^ 
 
 Tx 
 
 
 

 4l 
 
 ^ 
 
 4^ 
 
 % 
 
 <\ 
 
 CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHIVI/ICMH 
 Collection de 
 microfiches. 
 
 Canadian Instituta for Historical Microreproductions / Institut Canadian da microreproductions historiquas 
 
• • 
 
 t 
 
 Technical and Bibliographic Notas/Notaa tachniquaa at bibliographiquaa 
 
 Tha Inatituta haa attamptad to obtain tha baat 
 original copy availabia for filming. Faaturaa of thia 
 copy which may ba bibliographically uniqua, 
 ¥«^ich may altar any of tha imagaa in tha 
 raproduction, or which may aigniflcantly changa 
 tha uaual mathod of filming, ara chaclcad balow. 
 
 L'Inatitut a niicroflimA la maiilaur axamplaira 
 qu'il iul a 4t* poaaibia da aa procurer. Laa dMaila 
 da cat axamplaira qui aont paut-Atra uniquaa du 
 point da viia bibliographiqua, qui pauvant modifier 
 una image reproduite, ou qui peuvent exiger une 
 modification dana la mithoda normala de fllmege 
 aont indlqute ci-deeaoua. 
 
 1 — 1 Colourad covara/ 
 
 1 1 Couvartura da coulaur 
 
 — 1 Coloured pagea/ 
 1 Pagee de couleur 
 
 1 1 Covara damagad/ 
 
 1—1 Couvartura andommagte 
 
 — 1 Pagea damaged/ 
 1 Pagea andommagAea 
 
 1 1 Covara raatorad and/or laminatad/ 
 1 — 1 Couvartura raatauria at/ou palliculte 
 
 1 — 1 Pagea raatorad and/or laminated/ 
 1 1 Pagea reataurAea at/ou pailiculAea 
 
 1 — 1 Covar titta miaaing/ 
 
 1 1 La titra da couvartura manqua 
 
 ~7\ Pagea diacoloured, atainad or foxed/ 
 )LJ Pagea dAcolortea, tachetAea ou piquAea 
 
 The CO 
 to the 
 
 The im 
 poaalb 
 of tha 
 filming 
 
 Origini 
 beginn 
 the laa 
 aion, o 
 other 
 f Irat pa 
 aion, a 
 or illua 
 
 I I Coloured mapa/ 
 
 Cartea gAographiquea en couleur 
 
 Coloured ink (i.e. other than blue or black)/ 
 Encra de couleur (I.e. autre que bleue ou noire) 
 
 I I Coloured plataa and/or iiiuatrationa/ 
 
 D 
 D 
 
 D 
 
 D 
 
 Planchea ot/ou iiiuatrationa an couleur 
 
 Bound with other material/ 
 Reil4 avac d'autrea documenta 
 
 Tight binding may cauae ahadowa or diatortlon 
 along Interior margin/ 
 
 La re liure aerrie peut cauaar de I'ombre ou de la 
 diatortlon la long de la marge int^rleure 
 
 Blank leavea added during reatoration may 
 appear within the text. Whenever poaaibia, theae 
 have been omitted from filming/ 
 II aa peut que certainaa pagea blanchaa ajoutiea 
 lore d'una reatauration apparaiaaent dana la texte. 
 maia, loraqua ceia 6tait poaaibia, caa pagea n'ont 
 paa At* fllmAea. 
 
 Additional commenta:/ 
 Commantairea aupplAmentalrea: 
 
 D 
 
 D 
 
 n 
 
 D 
 D 
 
 Pagea detached/ 
 Pagee dAtachAea 
 
 Showthrough/ 
 Tranaparance 
 
 Quality of print variea/ 
 QualitA InAgala de I'lmpreaaion 
 
 Includea auppiementary material/ 
 Comprend du matAriel aupplAmantaira 
 
 Only edition available/ 
 Seule AdMon diaponible 
 
 Pagee wholly or pertiaily obacurad by errata 
 alipa, tiaauea, etc., have been refllmed to 
 anaure the beat poaaibia image/ 
 Lea pagea totalement ou partiellament 
 obacurciea par un feuiilet d'errata, une pelure, 
 etc., ont AtA filmAea A nouveeu de fapon A 
 obtenir la meilleure image poaaibia. 
 
 The laa 
 ahall c( 
 TINUEI 
 whicha 
 
 IMapa, 
 
 differei 
 
 entirely 
 
 beglnni 
 
 right ar 
 
 require! 
 
 method 
 
 ThIa item ia filmed at the reduction ratio checked below/ 
 
 Ce document eat filmA au taux de rAductioaindiquA ci-deaaoua 
 
 10X 14X 18X 22X 
 
 
 
 
 28X 
 
 
 
 
 30X 
 
 
 
 
 
 
 
 
 
 
 
 
 y 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 12X 
 
 
 
 
 16X 
 
 
 
 
 20X 
 
 
 
 
 MX 
 
 
 
 
 2IX 
 
 
 
 
 32X 
 
 
tiaira 
 • dAtaiit 
 qu«« du 
 nt modifiar 
 cigar una 
 la filmaga 
 
 luAaa 
 
 Tha copy fllmad hara haa baan raproducad thanks 
 to tha ganaroaity of: 
 
 Library of tha Pubiic 
 Archivat of Canada 
 
 Tha imagaa appaaring hara ara tha bast quality 
 posalbia considaring tha condition and iagibiiity 
 of tha original copy and in icaaping with tha 
 filming contract •paciflcationa. 
 
 Original copies in printed papar covars ara fllmad 
 beginning with tha front covar and ending on 
 tha last page with a printed or illustrated impres- 
 sion, or the bacic cover ¥«rhen appropriate. All 
 other original copies ere filmed beginning on the 
 first page with a printed or illustreted impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 The lest recorded frame on each microfiche 
 shall contain tha symbol -^ (meaning "CON- 
 TINUED"), or tha symbol y (meening "END"), 
 whichever applies. 
 
 L'exemplaire filmA f ut reproduit grice i la 
 ginAroaitA da: 
 
 La bibliothAque des Archives 
 publiques du Canada 
 
 Las images suh^sntes ont 4t4 reproduites avec le 
 plus grand soin. compta tenu de le condition at 
 de la nettet* de I'exempieire film*, et an 
 conformity avec ies conditions du contrat de 
 filmaga. 
 
 Las sxemplairas origineux dont le couverture an 
 papier eat imprimAe sent filmto en commen^ant 
 par le premier plot et en terminant soit par la 
 darnlAre pege qui comporte une empreinte 
 d'impreeeion ou d'iilustration, soit psr la second 
 plat, salon le ces. Tous Ies autras exemplairas 
 origineux sent filmte en commen^ant par la 
 pramlAre pege qui comporte une empreinte 
 d'impreaaion ou d'iilustration et en terminant par 
 la darnlAre page qui comporte une telle 
 empreinte. 
 
 Un dea symboles suivants apparaltra sur la 
 darnlAre image do cheque microfiche, selon le 
 cas: la aymbola — »• signifie "A SUIVRE", le 
 symbole ▼ signifie "FIN". 
 
 lire 
 
 IMaps, plates, charts, etc., mey be filmed at 
 different reduction retios. Those too lerge to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hend corner, left to 
 right end top to bottom, es many frames as 
 required. The following diegrams illuatrata the 
 method: 
 
 Les cartas, planches, tableaux, etc.. peuvent Atre 
 filmte A des taux de reduction diffArents. 
 Lorsque le document est trop grond pour Atre 
 reproduit en un soul ciichA, il est film* A pertir 
 de i'engle supArieur geuche. de gauche A droite. 
 et de haut en bee, en prenant le nombre 
 d'imegee n4cesseire. Les diagrammas suivants 
 illustrent la mAthoda. 
 
 by errata 
 led to 
 
 ent 
 
 Line pelure. 
 
 'apon h 
 
 1 
 
 2 
 
 3 
 
 32X 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
Ng.AittU«^. 
 
A 
 
 I E 
 
 OF rnt 
 
 w 
 
 CONSTITUTION 
 
 OF THE 
 
 BRITISH COLONIES, 
 
 tN 
 
 KORTH-AMERICA AND THE WEST INDIES, 
 
 AT THE TIME 
 
 The Civil War broke out on the Continent of 
 
 AMERICA. 
 
 IN WHICH 
 
 Notice is taken of fuch Alterations as have happened 
 iince that Time, down to the prefent Period. 
 
 WITH 
 
 A Variety of Colont Precedents, which are chiefly ad« 
 apted to the British West India Islands; and may 
 he ufefuil to thofe^ who have any intercourfe with the 
 Colonies. 
 
 By ANTHONY STOKES, 
 
 Of the Inner T.-mple, London; Barrister at Law; 
 
 His Majesty's Chief Justice op Georgia. 
 
 LONDON: 
 
 PRINTED FOR THE AUTHOR! 
 AND SOLD BY B. WHITE, IN FLEET-STREET. 
 
 MDCCLXXXIII. 
 
 I 
 
 t 
 
 / 
 
 %S,8ggliu«u.^ 
 
^ t 
 
 v/ 
 
 { .* . .4 * ' 
 
 Si 
 
 , . . *, « 1 1^ * 
 
 •ft 
 
 11 
 
 '•# *U t-'' 
 
PREFACE. 
 
 THE Editor of the following Sheets hav^ 
 ing redded feveral years on the Conti- 
 nent of America, and in different Iflands in 
 the Weft Indies, he flatters himfelf that he is 
 not altogether unqualified for the prefent Un- 
 dertaking. 
 
 When he had determined on going ahroad 
 in 1763, he in vain fought for fome Book 
 that would afford him an infight of the Con- 
 ftitution and Mode of Proceeding in the Co- 
 lonies : he was equally unfuccefsful in his 
 fearch after Colony Precedents ; for in all the 
 Englifh Law Books he met with, he does not 
 remember to have found half a fcore Colony 
 Forms. Thefe difappointments early fuggefted 
 to him the utility of a Compilation of this 
 fort, and he foon began to co\\c€t Precedents 
 for that purpofe. 
 
 The Editor having taken a decided part in 
 the caufe of Great Britain againft her Revolt- 
 ed Colonies, he was, on the breaking out of 
 the Troubles in the Southern Provinces, made 
 a Prifoner by the Americans ; and dfter being 
 confined fome weeks, he was exchanged, with 
 liberty to leave the Country ; on which he re- 
 turned to Great Britain, and then began to 
 
 A digeft 
 
 I 
 
u 
 
 PREFACE. 
 
 f * 
 
 t , 
 
 
 i'i 
 
 digefk the Precedents he had colleded, with 
 an intention of making them public ; but be- 
 fore that was done, he received an order to 
 go abroad, and refume the exercife of his office, 
 in confequence of the redudlion, by his Ma- 
 jefty's Forces, of the Province from whence 
 he came. The King's fhip in which he em- 
 barked having received fome damage in an 
 ia£tion with the enemy on the coaft of France, 
 fhe returned to Great Britain to be refitted, 
 which afforded the Editor an opportunity of 
 fevifmg his Work: and, on his fecond embark- 
 ation, he left dired:ions to have it printed ; but 
 a Bookfeller having declined to do fo, the 
 Editor is now enabled to notice fuch altera- 
 tions as have taken place between the year 
 1779, and May 1783. 
 
 The Province in which the Editor refided 
 being evacuated by the King's fotces, he hur* 
 ried home to his native Country, in hopes of 
 fpending the remainder of his days in the en- 
 joyment of his family and friends, after efcap- 
 ing many dangers, and undergoing much fick-^ 
 nefs, by a long refidence in unwholefome cli- 
 n:iates ; but when he arrived at his own door^ 
 he was informed of the death of his only fon, 
 a young man of the moft promifmg hopes, 
 whofe moral qualities fo thoroughly kept pace 
 with his literary acquirements, that it was 
 doubtful in which he excelled. At the age of 
 twenty-^two, he died efteemed and lamented by 
 all that knew him ; and he never occafiorted his 
 parents any grief but what they experienced 
 
 4 at 
 
 
 "'■-»>' 
 
PREFACE. 
 
 Hi 
 
 at his death. The Reader ^ill pardon this 
 digrefTion, as a tribute due from a father to 
 thfc memory of the bcft of fons ; in compari- 
 fon of whofe death, all the Editor's other 
 misfortunes are become trifles light as air. 
 
 The tears being wiped away, I refume the 
 fubjed* — -During the fiege of Savannah,> the 
 Editor's quarters were burned by a fhell from 
 the enemy's lines, and moft of his papers 
 were deftroyed : but he has fmce met with 
 other Precedents, fomeof which are inferted 
 herein. 
 
 The Editor is but too fenfible of the nu- 
 merous imperfedlions of this Effay ; however 
 he flatters himfelf, that as it is the BtH attempt 
 of the kind, the Public will ihew him fome 
 indulgence ; fmce this feeble endeavour may 
 induce an able hand to undertake the fubjedt* 
 
 In this Work there are a few flridlures on 
 the conduct of fome Colony Officers ; but 
 the Editor could not prevail on himfelf to 
 mention the names of thofe Colony Officers, 
 nor of the Countries where they refided : 
 Chriftianity enjoins charity and benevolence^ 
 towards all men ; his refentment, therefore^ is 
 levelled at the mifcondudl, and not at the in* 
 dividual. < 
 
 There are other Colony Officers whom the 
 Editor wifhes to notice with great refpe6l:; 
 and particularly Sir James Wright (Governor 
 of Georgia, from the fecond year of his pre- 
 fent Majefty's reign, down to the Evacuation 
 of that Province in the fummer of 1782), 
 
 A 2 whole 
 
'I 
 
 I ' 
 
 1 I 
 
 1 1 
 
 iv 
 
 PREFACE. 
 
 whbfe fidelity to the Crown, and unwearicct 
 attention to the.welfere of the Colony in whicb 
 he preiided, are too well known to need the 
 Editor's mention of thenu He alfo begs leave!: 
 to exprefs his dfleem for Sir Ralph Payne, forr 
 merly Governor of the Leeward Ifiands ; Ge* 
 heral Tonyn, Governor of Eaft Florida; and 
 Colonel Martyn, Governor of North Carolinaw 
 The great humanity which Governor Tonya 
 iheiraed to the loyal Refugees, who went from^ 
 Georgia to St. Auguftine in 1776 and 1782, 
 muft endear him to all thofe who feel for 
 the viftiious undet misfortunes : and it is de^ 
 fired that the Reader will not apply to either- 
 of the Governors, above named^ any inftanee 
 of mifcondudi or. miftake which this Work 
 mentions to have been committed by. Colony 
 QSlcersA The charader and conduct of moft. 
 of: the Colony Governors, and othefr Officers^ 
 the Editor is unacquainted with, and he would; 
 he forry to give offence to any of them^ 
 
 In order to confine the Publication to diie 
 Voliime, itvrzi found necefiary to omit feveralr 
 Conveyances, and other Colony Precedents- 
 Some inaccuracies are difcovejed to have 
 eTcaped the Editor, which it is hoped the 
 Reader will excufe, when he refledts, that a 
 polifhed. ftyle, which is only to be derived 
 from aa intimate acquaintance with the Belles 
 Lettres, cannot be expedtqd from a man whofc. 
 jM*ofeffion leads him to the ftudy of Law- 
 French Re]f)Qrts, and Law-Latin Entries, in. 
 the B|ack Letter. 
 
 Should 
 
 H 
 
P R E F A C E/ 
 
 ^¥ 
 
 Should the Gentlemen of the LaW from 
 the Colonies difcoVer any miftakes in this PrO- 
 du6tion, the Editor will confider as a gireat 
 fkvour their pointing but fuch miftakes, by ^ 
 line directed to him at the Bookfeller^s : ttnd 
 the aflifting him with any ufeful Colony Pre- 
 cedents^ that might contribute to render this 
 Performance more ufeful^ in cafe a fecortd 
 Edition fhould be called for, would add to the 
 obligation. 
 
 P. S, The Editor has juft recolleded his 
 having mentioned, in page 138 of this Work, 
 That the King's caufe in the Colonies was 
 greatly weakened by beftowing the lucrative 
 " offices there on perfons refiding in Great 
 " Britain:" he therefore thinks it neceflary 
 to obferve, that he apprehends the nomination 
 of Colony Officers was left to the American 
 Minifter for the time, with whom alfo the 
 leave of abfence originated. The Editor's at- 
 tachment to the perfon and government of 
 his Royal Mafter (the beft of Kings), in whofe 
 fervice he has undergone many trying fcenes, 
 has induced him to fay fo much, to prevent 
 mifeonftrudion : and he flatters himfelf that 
 no Gentleman who held the Department of 
 American Minifter, can take offence at the 
 paifage above quoted, as nothing niore was^ 
 done by thofe Minifters, than had been prac- 
 tifed by their predecelfors from the firft Efta^ 
 mijinaent of Britifli Colonies, 
 
 A3 A man 
 
 cc 
 
VI 
 
 PREFACE. 
 
 !; 
 
 . A man who has obferved the mifery which 
 the AmericanB brought on themfelvcflf bv 
 fubverting his Majcfty's Government, will 
 put a true value on the inedimable bleflingg 
 of a patriot King, and the bed Conftitution 
 on esuth ; and will h^ particularly cautious 
 of faying any thing that can be conftrued into 
 a difrefpci^ ojf ritb^r? 
 
 :>iM ^. • 
 
 
 
 % 
 
 1 
 
 * 
 
 
 
 1 * 
 
 * 
 
 
 • < 
 
 t J 
 
 • 
 
 t r. 
 
 r . 
 
 
 t: ' :-:v'-.- 
 
 
 M/ 
 
 
 • r'^' 
 
 \ 
 
 
 . ' 
 
 ij ; fto ;iKi'i 
 
 ,r\^: • ' • 
 
 
 - ■• . ' 
 
 f (iR'j'ii 
 
 
 
 
 ■I S.'ft 1 
 
 ' * / ■' » 
 
 / 
 
 ■ ' ' , 
 
 -Ti! n' :i 
 
 tiL:i vif^ 
 
 • 
 
 • 
 
 . '16 . 
 
 lavf/'- 
 
 : 
 
 
 '' . tiic*-^' 
 
 
 r 
 
 
 t ■ 
 
 y 
 
 
 ^ ' 
 
 « 
 
 ' 9fi. ' : 
 
 3::nvii^? 
 
 ,; 
 
 
 
 • ■ 1 
 
 1 
 
 TABLE 
 
 5 i 
 
 ■ 
 
 1 , 
 
 ' ■ \ 
 
B 
 
 E 
 
 OF 
 
 CONTENTS, 
 
 I 
 
 NTRODUCTION, 
 
 XI 
 
 C H A P. I. 
 
 0/ the Britijb Colonies in America — tJ^e nature of 
 their dependence on the Mother Country^ at the 
 breaking out of the Civil War^ on the Continent 
 of America—'With fuch alterations as have taken 
 place down to the prefent period. Page i, 
 
 CHAP. 11, 
 
 Of the regulations to which the Commerce of the 
 Britijb American Colonies was fubjeSled.^ before the 
 Civil War broke out there — with fuch alterations 
 as have taken place Jtnce that time, down to the 
 prefent period, . , -^ 
 
 CHAP. III. 
 
 Of the thirteen United States of America, whofe in* 
 dependence hath been lately acknowledged by Great 
 Britain, - - -^ ^^ 
 
 »** 
 
 A4 
 
f ■■ f 
 
 III 
 
 i:! 
 
 
 ! I 
 
 \l\ 
 
 I ' '^ 
 
 viii CONTENTS. 
 
 CHAP. IV. 
 
 Of the Governor of a Provincial Eftabli/hment or 
 King*s Government^'- and of the powers and autbo-^ 
 rities with which be is vefied by his commijpons and 
 inftruSiions^ - - 149 
 
 C H A P. V. 
 
 Of the Lieutenant General and Lieutenant Governor, 
 
 234. 
 
 C H A P. VI. 
 
 Of the Council, - - 237 
 
 CHAP. VII. 
 
 Of the GeneralJffemhfy^ - I41 
 
 CHAP. VIII. 
 
 Of the Inferior Courts of Civil JurifdiSfieH^ 255 
 
 CHAP. IX. . 
 
 Of the Superior Courts of Civil Jurifdi&ion, 156 
 
 C H A P. X. 
 
 0/ the Courts pf Criminal JurifM^on, ^% 
 
 C H A P. XL 
 
 Of the Judges of the Superior Courts in the Colonies^ 
 
 CHAP. XII. 
 
 Of the Coumftl and Attornies in the Colonies^ a^j 
 
 
CONTENTS. 
 
 IX 
 
 cn hv. xin. 
 
 Of the Court rf fke- Admiralty^ - ^70 
 
 C tt AK XIV. 
 
 fhe mtthdd tf authtntieating Utters of Attorney ^ 
 4Md Affidavits in Grtut Britain^ for the Rtcovoty 
 cf Debts in the Colonies in America^ with Forms 
 of both forts. - - 371 
 
 CHAP. XV. 
 
 ^he method of authenticating Letters of Attorney ^ 
 which ere to be tranfmitted without Affidavits of 
 Debt i together with Forms of Letters of Attorney 
 adapted to various Cafes ^ - ^g^ 
 
 CHAP. XVI. 
 
 Of the Negroer in the Colonies — and the Mode of con* 
 veying and manumitting them^ » 413 
 
 CHAP. XVII. 
 
 Of the manner of docking Efiates Taily Reverfions 
 and Remainders \ and of barring Dower in the 
 Colonies : with DireSlions for authenticating and 
 regiftering Deeds there: and AbfiraSls from feveral 
 ABs of Jffmbly relating thereto^ 443 
 
 CHAP. XVIII. 
 
 Conveyances of lands and Negroes in Barbadoes, Att^ 
 tigua^ St. Chriftopher^s^ and Jamaica^ 464 
 
1 i 
 
 I \ 
 
 %; CONTENTS. 
 
 APPENDIX. 
 
 nree Order s__of the King in Council {relative to the 
 Trade between the SubjeSls of bis Majefiy*s Domi- 
 nions^ and the Inhabitants of the United States of 
 America)^ made, in purfuance of the Powers given 
 to his Majefiy^ by 23 Geo. III. c. 39. which was 
 faffed tbf i2th if May 1783, 550 
 
 I 
 
 ■M \i 
 
 INTRO- 
 
 1 
 
INTRODUCTION. 
 
 |5EFORE I enter on the imnnediate fubjeft of 
 "f^ this Compilation, I muft intreat the Reader's 
 patience whilft I take notice of the different Euro- 
 pean powers that have fettlements in America, and 
 jamongft whom fuch parts of the New World as do 
 not remain in the hands of the Indians, or in the 
 poffeffion of the United States of America, are at 
 prefent divided 5 which is the more neceffary, on 
 account of the change of property occafioned by 
 the late Peace, It may not be improper in the 
 firll place to premife, that America was difco- 
 vered by Chriftopher Columbus, a Genoefe, in 
 the fervice of Spain, on the 1 6th day of Odtober, 
 1492, and took its name from Americus Vefpu* 
 tius, a Florentine, who, in the year 1497, was 
 employed by the Spaniards, or, as fome fay, by 
 Emanuel king of Pprtugal, to make further dif* 
 coveries. But the French pretend, that the 
 Bafque fifliermen frequented Newfoundland be- 
 fore Chriftopher Columbus found out the New 
 World. 
 
 The ftory mentione4 by Poftlethwayt in his 
 Di6lioqary, of a Welih prince having difcovercd 
 America in the yeaf H09, 1 take to be altogether 
 fabulous. 
 
 On the difcovcry of America, Pope Alexander 
 the Sixth, by Bull, gave the New World to Fer- 
 djnand and Ifabella, king and queen of (!!a{lile 
 and Arragon^ as if hchacja right to difpofe there- 
 
 ' ;', ■ " ■ ■■■ " ■ of, 
 
 r/ 
 
I 
 
 u> 
 
 Jii 
 
 -1. 
 
 • « 
 
 INTRODUCTION. 
 
 of. Sec an Extra6t from this Bull in Vattel's Law 
 of Nations, fol. 90, in notis. 
 
 In the year 1497 or 1498, John Cabot was cm- 
 ployed by Henry the Seventh, king of Eng- 
 land, to find a North-weft pafTage to China $ but 
 although he failed in that attempt, yet he dif- 
 covered the North-eaft Coails of America, which 
 compofe the greateft part of the Britifli Colonics 
 in that quarter of the world. Sebaftian Cabot ac- 
 companied his father in that expedition; but was 
 not the pcrfon employed by Henry the Seventh, 
 as is commonly faid. 
 
 This great Weftern Continent, which is frie- 
 quently called the New World, is faid to extend 
 from the 80th degree of North Latitude to the 
 56rh degree of South Latitude : And its greateft^ 
 known breadth is from the gcth to the 136th de-» 
 gree of Weft Longitude from London. Ita 
 greateft length is faid to be between eight and 
 nine thoufand miles ; and its greateft breadth 
 about three thoufand fix hundred and ninety. It 
 is bounded on the Eaft by the Atlantic Ocean, 
 which feparates it from Europe and Africa ; and 
 on the Weft by the Pacific Ocean, or South Sca^ 
 which feparates it from Afia, It is divided into 
 North and South America j and both thefc great 
 peninfulas are joined together by the Ifthmus of 
 Panama, which, at Darien, is only fixty miles wide. 
 The Englilh Spaniards, Portuguefe, French, 
 Dutch, and Danes, are the only European na* 
 tions that have Colonies in America, unlefs fomc 
 of the Iflands between America and Aftd, which 
 are claimed by the Ruflians, are nearer to the 
 American than the Afiatic ftiorc. Soon after the 
 difcovery of America, the Spaniards poffe^ed 
 themfelves of the largeft and beft parts of^ it. In 
 North America they have all that partof Louiiiana, 
 
 
INtRODUCTlON. 
 
 xm 
 
 which lies to the Weft of the river Mifliflippi, New 
 Mexico, California, and Old Mexico i and by the 
 ueaty of Verfailles, Great Britain has ceded to 
 Spain the two provinces of Eaft and Weft Florida* 
 In South America the Spaniards poftefs Terra 
 Firma, orGajftilliadelOra, Peru, Chili, and Para- 
 guay, or La Plata. They have alfo the Iflands 
 of Cuba, Porto Rico, Trinidada, Margarita, Juan 
 Fernandez, and a great part of Hilpaniola, or 
 St. Domingo ) befides a great number of i'mall 
 Iflands, both on the Eaft and Weft-fide of Ame- 
 rica, that are too inftgniBcant to be enumerated. 
 
 In South America the Portuguefe have Brafil, 
 which was difcovercd by Americus Vefputius in 
 I498> and lies between the Equator and the 35th 
 degree of South Latitude ; and fome fmall Iflands 
 on the coaft of Brafil, the principal of which are 
 Fernando, St« Barbara, and St.*Catharine's. 
 
 Since the ceftion of Canada (or Quebec) to 
 Great Britaki, and of Louiflana to Spain, the 
 French have no fettlement on the Continent ex- 
 cept that at Cayenne) fituate between the Equator 
 and the 5th degree of North Latitude -, but they 
 have a great part of that large IQand called Hif- 
 paniqla, or St. Domingo, which is the moft va- 
 luable of all their American Colonies. The 
 French have alfo Guadaloupe, Martinique, St. 
 Lucia^ and feveral fmall Iflands, fuch as Mari- 
 galante, Defeada, the Saintes, Bartholomew or 
 Barthelemi, Cayenne, and part of St. Marcin*s : 
 And by the Preliminary Articles of 1783, Great 
 Britain has ceded to France the Ifland of robago. 
 St. Lucia was captured by the Englifli in the Taft 
 war, but was reftorcd to the French on the late 
 peace. 
 
 The Dutch have feveral Colonies on the Con- 
 tinent of America, fltuate a few degrees to the 
 
 5 north 
 
SIV 
 
 iUrtLobvctioit. 
 
 |i ' i.'.l 
 
 1 1 I "! 
 
 i 
 
 \ 
 III 
 
 ' \ 
 
 i 
 
 i 
 
 \ 
 
 north of the Equinoftial, which lie on larg^ 
 rivers. The principal of thefe lectlemencs is at 
 Surinam, which once belonged to the Englilh i' 
 the others are Berbice, Demerara^ and Efrequibo 5 
 but thefe Colonies are not in a flourifhing con- 
 dition, owing to the land being lowy and fubjedt 
 to Boods ; and Surinam and Demerara have fuf- 
 fered much from infurre(5tions of the Negroes.—' 
 Some of thefe Dutch fettlemen'ts (and in parti- 
 cular Demerara) are inhabited m a good mea- 
 fure by unfortunate planters from the Englifh 
 Weft India IQands. The Dutch have alfo thd 
 IHands of St. £u(latius> Saba, and part of St. 
 Martin's to windward ; and to leeward, near tht 
 Spanifh main, they have the Iflands of CurafTou^ 
 Bonaire, and Aruba : but thefe IQands are fmally 
 and barren, and derive all their confequence from 
 the contraband trade which the Dutch carry on 
 with the Colonies belonging to other powers. In 
 the laft war, Demerara, Efrequibo, St. Eufta- 
 tius, Saba, and St. Martin's, were captured by 
 the Englifli> but retaken by the French. When 
 1 paid my refpecls to the Governor of St. Eufta-^ 
 tius on my going to fee that Ifland in 1763, he 
 informed me, that in the former French war, be- 
 fore the Engliih broke up the trade between St* 
 Euftatius and the French Iflands, he had feen up- 
 wards of two hundred and feventy fail of vefTels in 
 the Road of St. Euftatius at one time. I hav« 
 lately been informed, by an acquaintance from 
 the Weft Indies, that before Lord Rodney took 
 St. Euftatius, there had been fix hundred fait of 
 veflels in the Road of St. Euftatius together. The 
 Danes had no footing in America, until the Eng- 
 lifti gave them St. Thomas's, one of the Virgin 
 Iflands ; and after they had fettled ir, they took 
 poflTcflion of St. John's, a fmall Ifland, which \^ 
 
 faid 
 
INTRODUCTION. xv 
 
 faid to have been the property of the Paynes of 
 St. Chriftopher's. Between thirty and forty years 
 ago, the Danes purchafed the liland of Santa 
 Cruz, or St. Croix, from the French ; and it ac 
 fird belonged to a Danifh Company, but has for 
 feveraJ years paft been a a Royal Government, 
 and now produces almoll as much fugar as any 
 lOand the Englifh have, except Jamaica and 
 Grenada. The Danes owe the fcttlement of their 
 Iflands chiefly to the Refugee Debtors from the 
 Britifh Colonies, and by much the larged portion 
 of the inhabitants of Santa Cruz are Englifh. 
 When I was in the Weft Indies, I obferved that 
 feveral perfons in the Britifh Iflands, who owed 
 more than they were worth, on being fued for 
 payment of their debts, they privately embarked 
 in fome out bay, and retired to a Dutch or 
 Danifh Ifland, carrying with them fuch of their 
 flaves and other property as they could con- 
 veniently remove. In thofc foreign Iflands they 
 obtained the privileges of burghers for a fmall 
 fum, and were confidered as Dutch or Danifh 
 fubjeds by the Governors, who frequently pro- 
 tefted them againft the demands of their cre- 
 ditors, until remonftrances were made againft thofc 
 abufes. 
 
 The Ifland of St. Thomas is confiderable only 
 for the goodnefs of its harbour, which the king 
 of Denmark made a free port fome years ago : 
 and after the capture of St. Euftatius, a vaft com- 
 merce centered at St. Thomas's. The Thirteen 
 United States of America, viz. New Hamp- 
 (hire, MafTachufett's Bay, Rhode Ifland, and 
 Providence Plantations, Connecticut, New York, 
 New Jerfey, Pennfylvania, Delaware, Maryland, 
 Virginia, North Carolina, South Carolina, and 
 Georgia^ are fituate on the North-eaft coafts of 
 
 America, 
 
%^l 
 
 INTRODWCTiaK. 
 
 America^ and Extend from North Latitude 
 3<> degrees and an half to 4S degrees ; and fronn 
 Weft Longit-odie 66 degrees and an half to 98 de- 
 grees and an half^ having a Pta-coaft of ic de^ 
 grees of Lacitudie. But the particular boundaries 
 of thofe States may be feen in the fecond article 
 of the Provifionat Treaty between Great Britain 
 and the United States s and in Faden*s Map of 
 thole States^ publidied in 1783. Moft of the 
 lands within thofe boundaries are in the pofiefllon 
 of the Indians. 
 
 A VIEW 
 
 ::Sf; 
 
VIEW 
 
 -t y 
 
 OV THE 
 
 li YIV 
 
 CO i^stitutioN 
 
 t* '» * ■' 
 
 OF THE 
 
 iiS 
 
 BRITISH COLdl<tlESi 
 
 &c. &c. &c. 
 
 ' I 
 
 
 I,...,/ ,,1-d^n , .^c H.A P. I; ;. ^ -ji 
 
 0/ /^<f Bf/7(^ Colonies in America. — The Naturp <?/ 
 rheir Dtptnderrce on the Mother Country at the. 
 breaking out of the Qivil War on the Continent of 
 America— with fuch Alterations as have taken 
 'place do^n to the'pVtfeftt Peribd. 
 
 ^OLONY XCohniay from Coloms, i Far- 
 VJ tnef) fignifies a Company of People fen^ 
 td 'a remote plact, to dwell there; and cultivate 
 
 the land. \ •■:..,.., ; j 
 
 Plantation in the Su^ar and Itlce Colonies, de- 
 notes a picccj or tra^ of land, Which is either 
 granted vxp, br purchafed by, ^ perfon to cultivate 
 for his bwh ufe. Bat in tne Northern Britifli 
 Colonif^, where the produce is (iniilar to that of 
 Fnglandi the lands th^y culti-C^atc are more ffe- 
 q^iendy called Farms, than Plantations j as they 
 
 B informed 
 

 4i! 
 
 2 Confiitution of the BftirrsH Colonies 
 
 informed me, when I was at New York. In rf 
 more extended fcnfe, a Plantation is a place to 
 which people emigrate, in order to dwell there, with 
 an allowance of land for their tillage, and immu- 
 nities for the good of themfelves, and the Metro- 
 polis, or Mother Country to which they belong; 
 and in this acceptation, the word Plantation is 
 ufed to denote a Britifh Settlement m America, 
 In drift propriety of fpeech. Colony denotes the 
 people emigrated, and Plantation the place in 
 which they are fettled j but thefe words are often 
 ufed in a iynonymous fenfe, both in Afts of Par- 
 liament, and on other occafions. See Statutes 
 5 Geo. II. c. 7. — 6 Geo. III. c. la. — 18 Geo. 
 III. c. 12. f. 1.-22 Geo. III. c. 75. — Show. 
 Pari. c. 31. 
 
 Colonies generally confift of pcrfbns who vo- 
 luntarily offer themfelves, either upon the hopes 
 of mending a bcoken and decayed Tortune, or elfc 
 of fuch as are out of humour with the Govern- 
 ment, and willing to be out of its Hght, when 
 they find they are not to expeft favours from it. 
 See Puff. L. Ni & N. 1. viii. c. ii. £ 6, and 
 1. viii. c. 12. f. 5. 
 
 Province (^Provincia) hath fcveral different ac- 
 ceptations. Amongfl the Romans it was ufed for 
 a country without the limits of Italy, gained to 
 their fubjeftion by conqueftj but, in general, it 
 is ufed to denote the divifion of a kingdom of 
 Hate, as they are ufually diilinguifhed by the ex- 
 tent of their civil or ecclefiaftical jurifdiftion. 
 With us, a Province fignifies, ifl, An out- coun- 
 try, governed by a Deputy or Lieutenant t and 
 2dly, The circuit of an Archbilhop's Jurifdic- 
 tion. When the Britifh Settlements in Ame- 
 rica are fpoken of in general, they are called 
 the Colonies or Plantations : If it is a Government 
 5 » on 
 
 II i 
 
 I 
 
 
ta KoRTit America, &c; 3 
 
 on the Contipenr, where the King appoints the 
 Governor, it is ufually called a Province, as the 
 Province of Qi^cbccj ihfe Province of Nova 
 Scotia : but before the Civil War in America, ^ 
 Plantation, in which the Governor was elefted 
 by the inhabitants, was ufually called a Colony^ 
 as the Colony of Gonneflicut. The word Pro-* 
 vince is never applied to an infular GovernmenCi 
 for it is riot ufual to fay, the Province of Ja- 
 maica; but the idand of Jamaica, the I (land of 
 Barbadoes, the Government of the Leeward 
 Charribbce Iflands, &c. 
 
 For fome time before the Civil War broke out 
 in America, the popular leaders there affcded 
 to call the Provincial £(labliihmentSi or King's 
 Governments on the Continent, " Colonies,'* 
 inftead of " Provinces j** from an opinion they 
 had conceived, that the word Province meant ^ 
 conquered country. It is fald in Show. Pari* 
 c» 31. that Colony or Plantation does not im- 
 port a conqueft, but rather the contrary. 
 
 Cok)nies are of chree forts : The firft, are 
 thofe that ferve toeafe and difcharge the inhabit'* 
 ants of a country, where the people arc become 
 too numerous 5 of this fort were the Colonies of 
 the Goths and Vandals, that oVer-ran the fouthern 
 parts of Europe. The fecond fort, are thofe 
 eftablifhed by viftorious States, in the middle of 
 vanquilhed nations^ to keep them in awe and 
 obedience : fuch were the bodies of men fent by 
 tlie Romans into the conquered Provinces. And 
 the third fort, arc thofe eftablifhed for the pro- 
 motion of trade, called Colonies of Commerce 1 
 fuch are the Colonies eftablifhed by Europeans in 
 leveral parts of America. 
 
 Sir Walter Raleigh was the firft that planted 
 Englifh Colony in America, which he 
 
 B 2 called 
 
 an 
 
i^ 
 
 ! '('I 
 
 ;j ' 
 
 I ■ 
 
 '.'i 
 
 
 
 M 
 
 ' 1 
 
 i« ! 'I 
 
 I; I ' 
 
 4 CcnJlilUikn of the l^Ri'tisH CoiIonies 
 
 called Virginia, in hohouf of Queen Eliza> 
 beth. 
 
 Soon after the rcttfement of the Britilh Colo- 
 nies in America, King James the Firft wanted to 
 make the i'uperiority over them to be only of 
 the King, and not of the Grown of England* 
 Commoni* Journal, 1620.— See alfo, Vaughan'i 
 Reports, 402..— It is fsid, that King James did 
 thrs wttir a view td make the Colonies a fource of 
 i^cVenu^ for himfelf and his fucceffbrs, that they 
 might not depend on* the Parliafment j but the 
 Commons did not give up the matter, as appears 
 by their Journals of 1624 and 1625; 
 
 The Britifli Colonies are, 'itt fome fefpc^V?, 
 fubjedt to the EngHfli laws, i BlAck. Com. 106. 
 
 it was holden by Lord Chief Juftice Vaughan^ 
 in his Reports; 300. in the cafe of Crew v. Ram- 
 fay, th^t the Englifh Plantations are dominions 
 belonging to the realm of England, though not 
 within the territorial dominion or realm of Eng- 
 land, but follow ir, and are a part of its royalty^ 
 and cannot be feparated from it but by Aft of 
 Parliameht. See alfo 22 Geo. III. c. 46. and 
 Show. Pari. c. 32, 22* 
 
 And in Vaughan's Reports, 400: under title, 
 Procefs irtto Waies^ Lord Chief Juftice Vaiighan 
 faysi That the Colonics are of the dominions bf 
 JEnglandi and may be bound by laWs made for 
 them by an Englilh Parliclment. "^"*' 
 
 Siich was alfo the fenfe of the Englilh nation, 
 foon after the fettlement of the Colonies, even in 
 the timcfe bf rfrpubliCanifm ; for the Long Parlia- 
 ment, after the death of King Charles the Firft, 
 and when fome of the Colonies had declared for 
 King Charles the Second, againft the then Com-^ 
 monwealth in Erigland, pa0cd an Aft the 3d of 
 Oftober 1750; in which it is recitedi ** that iii 
 
 Virginia, 
 
 u 
 
 cc 
 
 'I' 
 
 ill 
 
\ 
 
 ^minions 
 
 in North America, Sec, .5 
 
 'V Virginia, and the Iflands of Barbadoes, Antigu a, 
 " Saint Chriftophcr*s, Nevis, Monifcrrat, Bcrmu- 
 *' das, and divers other IHands and Places in 
 ** America, there have been and are Colonies 
 ** and Plantations which were planted at the cod, 
 '* and fettled by the people, and by the authority 
 •• of this nation, which arc and ought to be (Li b"- 
 ** ordinate to, and depen dent v>pon» l^^n gland j 
 •* and have, ever fincc the'planting tnereot, been, 
 " and ought to be, fubJۤ to fuch laws^ order s, 
 ^* and regulations as arc or fliair Be made by the 
 **• P arliatnent of Engl and.*' This Aft having 
 been Txnadc by the Long Parliament, when the 
 King was unjuftly kept from the throne, cannot 
 be cited as an authority } but it (hews what the 
 iDpinion of that Parliament was, with refpeft to 
 the right of the Mother Country over the Co- 
 lonics; and New England, at that time, took the 
 part of the I^ng Parliament. 
 
 With rcfpcft to the jurifdidion which the fu- 
 perior courts in Weftminfter Hall have over 
 the Colonies, I (hall cite a few cafes. 
 
 And in the firft place, it is held by Lord Mans- 
 ^eld, " That the court of King's Bench, in Eng- 
 ^Sland, can fend a Writ nf ff^^/'^j Corpus ^o the 
 ** Plantacions, .5cc."^ 2 Burr. 856. Rex v. Cowle, 
 *' But notwithftanding the power which the court 
 •* of King's Bench in England has, yet where they 
 " cannot judge of the caufe, or give relief upon 
 Y it, they would not think proper to jnterpofe. 
 " Therefore upon imprifonments in the Planta- 
 " tions, &c. Lord Mansfield faid, he had known 
 complaints to the King inCounc.il, and orders 
 to bail or difcharge j but he did not rem ember 
 any application for a Writ of Ifakas Corpus, Yet 
 ^'.cafes have formerly happened of perfons illegally 
 ^ fent from hence, and detained there, where a 
 
 B 3 "Writ 
 
 cc 
 
 (( 
 
 iC 
 
 cc 
 
 1% 
 
 ■\ 
 
 i 
 
a 
 
 cc 
 
 
 i .1: 
 
 ^ ConJlitiitUn if the British Colonies 
 
 *' Writ of Habeas Corpus out of the court of King^^ 
 *' Bench in England would be the mod proper 
 •• and efFeflual remedy," Ibid. 
 
 ** Upon a proper Cafe, Writs not nninifterially 
 direded (fonnetimes called Prerogative Writs, 
 '* bccaufe they are fuppofed to iflue on the part ot 
 the King), fuch as Writs of MandatnuSy Prohibi- 
 tion, Habeas Corpus^ Certiorari, may iffue to 
 f every dominion of the Crown of England. 
 
 •* There is no doubt as to the power of the 
 *^ Court of King's Bench i ri Englan d, where the 
 •' pUtf^' Is under' the fubfe^Vion of the Crown of 
 <' England : the ohly quelHon is, as to the pro-? 
 •* pricty.*' Id. 855, 836. — See alfo 7 Co. Rep, 
 20. Calvin'sCafe. Vaughan's Rep. 290.401,402. 
 The refpeftive A<^s of AfTcmbly^j for cftablifh- 
 ing Courts of King's Pench and Common Pleas, 
 in the Iflands of Sain-c Chriftopher and Ncvis^, 
 cxprefsly referve the jurifdidlion of (he court of 
 Ki ng's g ench in E nglan d. 
 
 rmng the Seigniory can bq 
 ** tried in the place where the Seigniory is : and ii^ 
 ** the Proprietary Governments in America, they 
 ** could not (before the Ciyil War there) try any 
 ?' queftion concerning the Seigniory in their own 
 *' Courts J but it mull have been tried in fome 
 '*' court in England." By Lord Mansfield, in 
 the cafe of Fabrigas and Moftyn : " And when- 
 ever there is a queftion between two" (Briti(h) 
 Provinces in America, it muft be tried iq 
 England. 
 
 " The Judges in the Courts of England dp 
 determine all cafes thatarife in the Plantations, 
 &c. and they mud: inform thcmfelves, by 
 f* having the law ftated to them. But there 
 may be fome cafes abroad, which may not be 
 fit ^o be tried here." Id, 
 
 ^^An 
 
 <c 
 
 <c 
 
 «c 
 
 (C 
 
 cc 
 
 ^f 
 
. in North America, &c. 7 
 
 " An aftion was brought in the King's Bench 
 ** in England, againft Captain Gambier, for 
 ** pulling down houfes upon the coaft of Nova 
 " Scotia in North America, and it was holden 
 '« by Lord Mansfield that the adlion would lie, 
 *« as the reparation here was perfonal, and for 
 *' damages ; otherwife there might be a failure 
 ** of juftice, for there were no regular Courts of 
 " Juftice in that place-, and if there had been 
 " any, yet Captain Gambier might never go 
 *' there again ; and the rcafon of locality in fuch 
 " an adion in England, did not hold in that 
 ^f cafe." Id, See alfo Show. Pari. c. 30. 
 
 ?« A bill was brought in the High Court of 
 *« Chancery in England for the delivery of the 
 ^* poffcflTion of a moiety of lands in Saint Chrif- 
 *' iopher*s, and likewifc for an account of the 
 ?« rents and profits. The defendant demurred 
 *« to the firft part, for that the Court of Chan- 
 ^' eery in England had no jurifdidion over lands 
 " in Saint Chriftopher's i arid likewife' to the ac- 
 ^* count prayed of rents and profits, for that the 
 ^' plaintiffs had not let forth a clear tide tQ 
 ** them." 
 
 Lord Chancellor Hardwicke. " As to the 
 '^ firft part of the demurrer, I apprehend it is 
 '« very right, becaufe the court has no jurifdic- 
 *' tion, fo as to put perfons into pofTefrioni in a 
 " place where they have their own methods, on 
 ** fuch occations, to which the party may have 
 ^' recourfe ^ the prefent bill therefore, is carry- 
 ^* ing the jqrifdidtion of this court further than 
 " it ever was before. 
 
 *' Lands in the Plantations, are no more under 
 *' the jurifdidion of this court, than lands in 
 ^* ScQdand, for it only agit in ptrfonam. 
 
 8 + 
 
 «Th^ 
 
I ■ 
 
 ^• 
 
 : ''^^ 
 
 •t 
 
 'iiii! 
 
 '■|r> 
 
 St. 
 
 I Conjiittttlpn of the British Colonies 
 
 " The next qucftion is, whether an account of 
 *' rents and profits ought to be demanded before; 
 ^^ the plaintiff has edablifhed his right at law? ' 
 ' ** No impedinnent i^ Ihewn to prevent the 
 ** plaintiff from bringing his ejcdlment, for he 
 ** claims a moiety as te'nant in common, 
 ' ** As to the general equity, an infant here in 
 " England 'may bring a bill for an Account of 
 •* rents and profits 'agaifift a perfon who keeps 
 ** poffeffion, after the death of the infant's an- 
 " ceftpr; and ^s the demiirrer isonlytothe bill, 
 ** I mud take it for granted he is refident here in 
 «* England. ' ' ' 
 
 ** The defendant fhould not have demurred 
 *' for want of jurifdiftion, for a demurrer is al- 
 ** ways in bar, and goes to the merits of the 
 ** cafe J • and therefore it is informal and im- 
 " proper in that rerpeifl", for he Ihould have 
 " pleaded to the jurifdidion. ' 
 
 ' ** The deliver]^ of the poifcfTion, may be in- 
 " forced in perfon, which was the old' v^^ay -, but 
 ** the writ of af!iftance to put perfons in pofi 
 " fcffion,'as by way of injundlion-, is of more 
 «»' modern date. - • - ^ 
 
 *' Plantations were originally members of 
 *' Eri&land, and go Vferned b v the laws of Ens- 
 ** land ; and peflons went out onginaiiy iUDJe(^t 
 *' to the laws of England, unlef^ in fome rc gu« 
 
 Jations anci culfflfftg,' tVHich they have a power 
 
 c< 
 
 ** o f mak j^ng. 
 TEere 
 
 »' <c 
 
 h^ve been inftances of Plantation 
 *' Eftates being fold- in this court, and 'con fe- 
 ** quently, this court mufl have a power of in- 
 *' forcing a decree for a fale, upon* tht pcrfoh or-i 
 ** dcred to convey. • 
 
 "*•** His Lordfhip mentioned the cafe of the 
 f' Widow in Pcnnfylvania, and Harm ikon j where 
 *^ there was ah order upon Hamilton to delivei* 
 '•' '. '• f i^ ..." pofrcinon,'! 
 
in J^^ORTH America, &c. o 
 
 f5 poffcffion." — I Athyn's, 543, 544. Robcrdeau 
 and Rous. See alfo Show. Pari, c 33. And 
 in the cafe of Fofter v. Vaflal. 3 Athyns, 589. it 
 \vas faid by Lord Chancellor Hardwickc, " It is 
 *« certain where the provifion is in England, let 
 ^' the caufc of fuit arife in the plantations, if the 
 *» bill be brought in England, as the defendant 
 '<« is here, the Court" (of Chancery in England) 
 " agit in perfonam^ and may, by compulfion on 
 5' the perfon, and prbcefs of the Court, compel 
 «' him to dojuftice. 
 
 ' *« Suppofe different fuits are brought there and 
 « here, what is to be done ? I take it to be clear, 
 ** if an aftion be brought in the Court of King's 
 ^f Bench, or Common Pleas, and the defendant 
 ** pleads to it, an action in the Plantations they 
 «' could not take any notice of, nor would it 
 ♦* bar ihe jurifdidtion of the Court here. 
 • " The general rule of Courts of Equity, with 
 '* regard to Pleas,, is the fame as in Courts of 
 •'' Law, 'but exercifcd with a liberal difcretion. 
 ' " To be fure, two fujts for the fame matters in 
 *' the Plantations aijd here, may be attended with 
 *j^ inconvenience.'*' And his Lordfhip faid he 
 ^ould not, as Lord Gbwper did in fuch a cafe, 
 allow the plea to the difcovcry. . 
 
 Sir William BlacTiftone fays, the Britifh Plant- 
 ations arc f ither'fuch, where the lands are.qj^imcd 
 by right of occupancy onl^Jj/SnAngthem de- 
 fart and uncultivated, and peopling thencufrom 
 tTie Mother Country; or where, when already 
 cultivated, they have been gained by conqueft, 
 or ceded to us by treaties : and both thefe rights 
 are founded upon the law of nature, or at leafi: 
 tjpon that of nations, i Black. Com. 107. — Show. 
 Pari, c, 32, But there is a difference between 
 thcfe two fpccies of Colonics i for it hath been 
 ? ■ - • : ' ■ held 
 
 
4: 
 
 I llll 
 
 m ii 
 
 ii '^i 
 
 ■ I 
 
 |o ConJlUution of the British Colonies 
 
 held (Salk, 411. 666> — 4 Mod. 222.) that if an 
 uninhabited country be difcovered arid planted 
 by Englifti fiibje(5ls, all the Engli(h laws then in 
 being, which are the birthright of every fubjcft, 
 arc immediately there in force. Show. Pari. 
 
 c. 32. 2 P. Wms. 75. But this muft be 
 
 iinderftood with very many, and very great re- 
 ftridlions. Such Colonifts carry with them 6nly 
 fo much of the Englifh law as is applicable to 
 their own fituation, and the condition of an infant 
 Colony i fuch, for inftance, as the general rules 
 of inheritance, and of proteftion from perfonal 
 injuries. The artificial refinements and diftinc- 
 jtions incident to the property of a great and com- 
 mercial people 5 the laws of police and revenue 
 (fuch eibecially as arc inforced by penalties) j the 
 mode of maintenance for the eftablilhed Clcrjgy j 
 the jurifdidion of Spiritual Courts, and a multi- 
 tude of other provifions, are neither neceffary nor 
 convenient for them, and therefore are not in 
 force. What Ihall be admitted, and what rejcftr. 
 ed ; at what times, and under what refiridtions 1 
 muft, in cafes of difpute, be decided, in the firft 
 inftance, by their own provincial Judicature, fubr 
 je(St to the revifion of the King in Council 5 the 
 whole of their Conftitution being alfo liable to 
 be new-modelled, and reformed, by the general 
 fuperintending power of the Legiflaturc in the 
 Mother Country, i Black. Com. 107. Vaughan's 
 Rep. 290. 402. — 2 Lord Raymond, 1447, 1448, 
 — 2 P. Wms. 75. 
 
 But in conquered or ceded countries, that have 
 already laws of their own, the King may indee^ 
 alter and change thofe laws; but till he does 
 cdually change them, the ancient laws of the 
 country remain, unlefs fuch as are againft the 
 law of God i as in the cafe of an infidel country. 
 
 I Black* 
 
 
 
in North America, drc. 
 
 If 
 
 I Black. Com. 107. —7 Rep. 17. Calvin's Cafe— 
 Showtr's Pari. c. 31.— 2 P. Wms. 75, 76. Trial 
 pf Fabrigas and Moftyn, 49. 58. 
 
 However, (hould Great Britain, either by con« 
 queft or cefllon, obtain poffeflion of a country, 'n\ 
 which the Qovernnnent had been perfedly de- 
 fpotic ; yet the Governor, or other Vicegerent of 
 the Crown, is amenable for his conduft in the 
 fupcrior Courts of Common Law in Weftminfter 
 jhlall, if he a<fls qnjuftly or oppreflively in his Go- 
 vernment. For by Jbftice Gould, ** Under fuch 
 ** a Gonftitution in which we live, if there is a 
 f power that is not circumfcribed by clear, pofi- . 
 *' tive, and precife rules, yet both natural jufticc 
 «' and equity are the principles that ought to go- 
 *' verrt fuch a truft," Trial of Fabrigas and 
 Moftyn, 49. 
 
 In Shower's Parliamentary Cafes, 30, 315 in 
 the cafe of Dutton v. Howell, and others, it was 
 faid by the counfel, arguendo, ** Though a mat- 
 ** ter may juftify a Governor for an aft done in 
 •* his Government, which would not juftify him 
 ** for th€ fame aft done in England, yet the Go- 
 ** yernor muft (hew that he hath purfucd the 
 ** rules of law in that place 5 or, in cafe of no 
 ^' pofitive laws, the rules of natural juftice -, for 
 " eithpr the common law, or new inftituted laws, 
 " or natural equity, muft be the rule in thofe 
 f« places." ' 
 
 And if any coiintry in which torture and ba- 
 niftiment are the law, fhould come into the pof- 
 feflion of Qreai Britain, thefe puniftiments fall 
 of courfe -, the Conflitution of Great Britain puts 
 an end to them. By Lord Juftice de Grey, in the 
 f rial of Fabrigas and Moftyn, 60, 
 
 The Britifti American Plantations are princi- 
 
 " conquered or ceded countries, having been 
 
 obtained 
 
 pally 
 
 
'if 
 
 ;ri ■ill! 
 
 ' i:, 
 
 I 1 
 
 i: 
 
 m 
 
 M, 1 1 
 
 1 2 Confiitution of the . Br itish .Co|/>ki£S 
 
 .obtained in the lad century either by right of 
 conqueft, or driving put the natives (with whiit 
 natural juftice I (hall not at prefent enquire), 
 or by treaties : and therefore the common law of 
 England, as fuch, has no allowance or authority 
 there, they being no paTt of the Mother Country* 
 but diftin(ft;(though dependent) dominions. They 
 are fubjcifl, hpwever, to the control of Parlia- 
 ment, though not bound by any A6ts of Par- 
 liament, unlefs particq;larly named^ i £lack. 
 Com. io8*^— 2 P^JVms. 75. 
 
 The Enslilh Puritans who firfl: fettled in New 
 ^England, Jiotwithftanding they were furnifiied 
 with a charter from their Sovereign, purchafcd of 
 the Indians the land they refqlved to cultivate. 
 And this laudable example was followed by Mr. 
 William Penn, who planted the Colony of Quakers 
 in Pennfylvania. Vattcl's Law of Nations, 91. — 
 Hiftoirc et Commerce des Colonies Angloifes, 
 j&c. 117, 118, 119. - . 
 
 Other cefTions have been ^pbtained ironri the In- 
 dians with the greateft fairnefs i particularly that 
 made in Georgia in the year 1774, when a Con- 
 grefs was held by Sir James Wright, Bart. Go- 
 vernor of Georgia, with a gre^t number of the 
 JCings and Headmen of the Cfeek and jCherokete 
 nations ; at which time thcfe two nations ceded 
 to the King of Great Britain fcveral millions of 
 acres of valuable land, in the mod fertile and 
 wholcfome part of the country, for the payment 
 of the debts wliich they owed the Indian traders: 
 hue the breaking out cf me Civil War prevented 
 that cefllon from producing the eJFe<fts which were 
 intended by it. ^ 
 
 Vattel, in the place above mentioned, fays, 
 ** That when a nation takes polTeflionof a diftant 
 <* country, and fettles a Colony there, that coun- 
 
 (■:! 
 
 r< 
 «r 
 
 « 
 <c 
 it 
 
tfi North America, &c. 
 
 O 
 
 *' try, though fcparated from the principal Efta- 
 *« blifliment, or Mother Country, naturally be- 
 «' comes a part of the State, equally with its an- 
 '* cient poffeffions. Whenever, therefore, th^ 
 «* political laws or treaties make no diftinflion 
 •« between them, every thing laid of the territorv 
 ** of a nation ought alfo to extend to its Colo- 
 *' nies." But this is not agreeable to the genius 
 of the Britilh Conftitution. For in the paflage 
 above cited from Sir William Blackftone's Com- 
 mentaries, it is faid. That the Britifh American 
 Plantations are not part of the Mother Country, 
 but di(lin£t (though dependent) dominions ; and 
 that they are not bound by the afts of the Britifli 
 Parliament, unlefs particularly named. See alfa 
 Vaughan*s Rep. 300. 400. — 2 P. Wms. 75. 
 
 And Vattel feems to be clearly miftakcn, with 
 refpc^t to nations in general that have Colonies 
 in a diftant country, where he fays, that " When- 
 '* ever treaties make no diftinclion between the 
 " Mother Country and the Colonies, every thing 
 " faid of the territory of a nation, ought alfo to 
 " extend to its Colonies.*' For a treaty permit- 
 ring a nation, in general words, to trade with 
 tlic Mother Country, does not permit that nation 
 to trade to its Colonies. For it is acknowledged. 
 That a commerce eftablifhed between the Mo- 
 ther Countries, does not include a permiflion 
 t6 trade in the Colonies, becaufe thefe always 
 continue in a ftate of prohibition ; it being a 
 fundamental law of Europe, that all commerce 
 with a foreign Colony (hall be regarded as a 
 mere monopoly, punilhable by the laws of the 
 country. Spirit of Laws, Book 21. c. 17. 
 
 Before the Civil War in America, the Britifh 
 Colonies there were (with refpedt to their interior 
 l^ality) divided by Sir William Bhckftone into 
 
 three 
 
 \A 
 
 m 
 
 ill 
 
 t 
 
 I 
 
 i 
 

 - 
 
 ■■■: I 
 
 ; 1 '. w 
 
 I i 
 
 ! ! 
 
 1! 
 
 I 
 
 \\ Conjiitution of the British Colonies 
 
 three forts: i. Provincial Eftabliftimcnts rcorri- 
 monly called King's Governments). 2. Proprie- 
 tary Governments. 3. Charter Governments, 
 
 Ik In the Provincial Eftablifhments, their con-^ 
 ftitution depended on the refpeftive commiffions 
 iflTued by the Crown to the Governors, and the 
 inftruftions which ufually accompanied thefe com- 
 miflionsi under the authority of which Provincial 
 Aflemblies were conftitutcd, with the power of 
 making local ordinances, not repugnant to the 
 laws ot England, i Black. Com. 108. And fee 
 the fprm of a Governor's Commiirion> chap. 4* 
 
 poft. cS f 
 
 But it was ufual for the General Aflembly, in 
 a new fettled or ceded Colony, foon after they 
 were firft convened by the Governor, to pafs an 
 act for dividing the Colony into counties, dif- 
 tri6ls, or other arbitrary divifions— to dired how 
 many Reprefentatives each diftri(5l Ihould fend to 
 the General Affembly — to regulate the mode of* 
 eledting them, and to afcert^in the qualifications 
 of the Eleftors and Reprefentatives: And in many 
 Colonies the dtjfation of the Houfe of Reprefent- 
 atives was limited J but in fome of them, it con-» 
 tinued until the Governor thought proper to dif- 
 folve the General Affembly* 
 
 In an ifland iii the Wef? Indies, where the 
 Houfe of Reprefentatives continued until the Go- 
 vernor thought proper to diflblve the General 
 Aflembly, I once was retained by a candidate, to 
 attend at an eleflion, as counfel on his behalf^ 
 The Governor of the Ifland, and feveral of the 
 Council, attended at the eleflion, and offered to 
 give their votes for the candidate that oppofed 
 my client. I objefled, with fome warmthj, aC 
 the Governor's attempting to vote at the eledtion 
 of Reprefentatives to the AflTembly, as it was 
 
 unconfti* 
 
in "North America, &c. 
 
 «j 
 
 tinconflitutional, and tended to influence elec- 
 tions : and I alfo oppofcd the receiving the votes 
 of the Members of the Council, as it was incon- 
 fiftent for thofe to vote for Reprefentatives, who 
 had themfelves voices ^fn the Legiflature, But 
 the Returning Officer (who was a gentleman of 
 good character, and defirous to do what was right) 
 leemed nnwiljing to take on himfelf the decifioit 
 of the matter j and propofed to receive the votes 
 of the Governor and Council, leaving the Houfe 
 of Affembly to decide on the validity of thofe 
 votes. This proppfal was acquicfced in ; and the 
 queftion afterwards came on before the Houfe of 
 Affembly, when I urged every obje<5lion that oc- 
 curred to me, againft the votes of the Governor 
 and Council j and the Houfe rcfolved, " That 
 ** the Governor had no right to vote at the elec- 
 *' tibn of Reprefentatives to the General Affem- 
 " bly," or to that effeft ; but they admitted the 
 votes of the Members of the Council. However 
 I afterwards heard it faid, that the Governor gave 
 the Members of the Affembly an intimation, that 
 if the refolution againft his vote ftood on their 
 Journals, he would diffolve them. And there- 
 upon they razed the refolurions from their Jour- 
 nals, to avoid the expence of a new eledion, as 
 it is fuppofed. But the intimation of the Gover- 
 nor to the Affembly, and the rafure of the refo- 
 lution from their Journal, being only matters of 
 common fame in the Ifland, I am not anfwerablc 
 for the authenticity of them j and I do not chufe 
 to affert any thing pofitively, that I am not clear in, 
 I was afterwards a Member of the Affembly 
 In another Ifland ; where, on a petition to the 
 Houfe, it was carried by the majority, after a long 
 and warm debate, that the Members of the Coun- 
 cil had no right to vote at the elcdion of Affenj- 
 
 bly-mcn. 
 
 'i 
 
 I 
 
 It! 
 
• ■l-\ 
 
 I 
 
 *i: 
 
 
 (7 
 
 !■! 
 
 *t 
 
 iS Conftitutton of the British Colonies 
 
 biy-men. And on the Continent of America^ 
 they never attempted it in my time. 
 
 Before I enumerate the Provincial Eftablilh-i 
 inents, or King's Governments, it may be propec 
 to obferve, that all the Britifli Colonies (excepij 
 Falkland's IHands, which have been deferted, a:| 
 of no confcqucncc) are in North America : but ai 
 it is cuftomary to diftinguifh the Colonies with- 
 out th^ tropic of Cancer by the. name of North 
 America, and the Colonies between that tropic 
 and the equindflial by the name of the Weft In7 
 dies, I Ihall comply with that diftindion. See 
 18 Geo. III. c. 12. f. I. — 22 Geo. III. c. 75. . 
 
 Before the Civil War in America, the Proving 
 cial Eftablidiments, or King's Gover'nments there, 
 were Canada, or Quebec (the boundaries of 
 which were eflablifhed by the 14 Geo. III. c. 83, 
 but great part of that Province hath been lately 
 ceded to the United States of America) j the 
 Government of St. John's in the Gulf of St. Lau^ 
 rence (containing the Ifland of St. John, &c.) j 
 the Government of Newfoundland, which is part- 
 ly infular, and partly continental ^containing the 
 Ifland of Newfoundland, and that part of the con- 
 tinent which lies between the river St. John anci 
 liUdfon's Streights, with feveral Iflands on thap 
 coaft). Nova Scotia, or New Scotland, Nev/ 
 Hampfhire, New ^ork, New Jerfey or the Jer- 
 feys, Virginia, North Carolina, South Carolina^ 
 Georgia, Eatl Florida ^nd^ Weft Florida, the 
 Government of tfie Bermuda or Summer Iflands, 
 and the Government of the Lucaya or Bahc^ma 
 Jflands : but New Hampltire, New York, Neyr 
 Jerfey, Virginia, North Carolina, South Carolina, 
 arid Georgia, are acknowledged by Great Britain 
 to be Independent States ; and Eaft and Weji^ 
 "Florida art ceded to Spain. The Bahama Ifl'ands 
 
 were 
 
iM North Am£rica> 5rc. 
 
 «7 
 
 were baptured by. the Spaniards in the laft War, 
 but are now. rcftored to Great Britain, by the 
 Preliminary Articles of 17S3, between Great Bri-> 
 tain and Spain* 
 
 At the beginning of the laft War, the Provin- 
 cial Eftablifhments in the Weft Indies were, the 
 Idand of Barbadoes, the Government of the 
 Southern Charribbee Iflands,(which comprehended 
 Grenada, and the Grenadines, and Tobago,) 
 St. Vincent's, Dominica, the Government of the 
 Leeward Charribbee IQands,^which comprehended 
 Antiguai Montfcrrat, Nevis, St. Chriftophcr's, 
 Barbuda, Anguilla, Tortola, Spanifh Town, and 
 many fmall Iflands near Tortoia, being part of 
 that clufter called the Virgin IHands) and Ja* 
 maica. 
 
 There was ajfo a fmall fectlement of Englidi at 
 the Mufquito Ihore, on the Continent, over which 
 a King's Agent prefided, who was appointed by 
 the Governor of Jamaica : and many Britifh ^ 
 [fubjedts were fettled in the Bay of Honduras, '*^ 
 rhere they were permitted to cut logwood and 
 lahogany, &Ci in confequence of the treaty of 
 *aris between Great Britain and Spain. They 
 [had a confidcrablc town at St. George's Key in the 
 Bay, where much trade was carried on, until the 
 'Spaniards drove away all the Britifli fettlers in the 
 laft war. Three of the principal merchants from 
 the Bay of Honduras, that had been carried pri* 
 foners to the Havannah, arrived in Charleftown 
 Road in a flag of truce, in the Summer of 1782, 
 and went from thence to New York with me, in 
 one of the King's tranfports. Thofe merchants 
 gave me a particular account of the fettlements 
 at the Mufquito Ihore and the Bay of Honduras, 
 I and reprefented their commerce as very beneficial 
 to Great Britain, until the Spaniards broke up 
 
 C thole 
 
 'I 
 
 'hi 
 
 i 
 
'lU! 
 
 :|| 
 
 ii 
 
 .1. 
 
 V iV 
 
 p I 
 
 if ConJlHulion of the British Colonies 
 
 thofc fetclements in the laft war. The Mufqutto- 
 fhore was afterwards retaken by an armament 
 fent from Jamaica : and the Preliminary Articles 
 of 1783, between Great Britain and Spain, have 
 made no exprefs provifion rtfpedling it ; but the 
 6ch Article ikipiilates, ** That aU t-he countries and 
 ** and territories which may have been, or may 
 «* be, conquered in any part of the world what- 
 '* focver, by the arms of his Britannic Majefty, 
 ** or by thofe of his Catholic Majefty, and which 
 '' are not included in the prefent articles, (hall 
 ** be rcftored without difficulty, and without re- 
 •« quiring compenfations." Now, as the Muf- 
 quito (hore was always claimed by Spain, and the 
 Britilh fettlement there was neither acknowledged 
 by Spain, nor openly avowed by Great Britain in 
 times of peace, I apprehend the Mufquito fhore 
 will be reftored to his Catholic Majefty. With 
 refpeft to the Bay of Honduras, the Preliminary 
 Articles fay nothing of it by name 5 but the 4th 
 Article ftipulates, " That his Catholic Majefty 
 *« (hall not, for the future, fuffer the fubje^s of 
 *' his Britannic Majefty, or their workmen, to 
 ** be difturbed or molefted, under any pretence 
 '* whatfoever, in their occupation of cutting, 
 ** loading, and carrying away logwood, in a di- 
 *< ftridt, of which the boundaries (hall be fixed 
 ♦« by the definitive treaty, or within fix months 
 ** after the ratification, &c. But this ftipulatiou 
 <* is not to derogate from the rights of fovcreignty 
 ^* of the King of Spain." 
 
 In the laft war Grenada and the Grenadines, 
 Tobago, St, Vincent's, Dominica, Montfcrrat, 
 Nevis, and St. Chriftopher's, were captured by 
 the French j but all of them were reftored to 
 Great Britain on the late pcace> except Tobago^ 
 which was ceded to France. 
 
 By 
 
in NoatH America, &c« 
 
 «9 
 
 By the commiflions to the Governors of Gre- 
 nada and St. Vincent's, which have been made 
 out fince the late peace, a new arrangement has 
 taken place with rcrpc(5l to the Grenadines : for 
 General Matthews's comminlon includes Grenada 
 and all the Grenadines, to the fouthward of the 
 IQand of Carriacou, inclufive of that IHand. And 
 Governor Lincoln's commilTion comprehends 
 St. Vincent's, Bequia, and all the Grenadines, to 
 the northward of Carriacou. 1 now come to 
 
 2. Proprietary Governments, granted out by 
 the Crown to individuals, in the nature of feu- 
 datory principalities, with all the inferior regali- 
 ties, and fubordinate powers of LegiOation which 
 formerly belonged to the owners of counties pala- 
 tine : yet dill with thefe exprefs conditions, that 
 the end for which the grant was made be fubdan- 
 tially purfued $ and that nothing be attempted^ 
 which may derogate from the fovercignty of the 
 Mother Country, i Black. Com, io8. 
 
 Many of the Colonies which are contained in 
 the above enumeration of Provincial Eftablifh- 
 ments, or King's Governments, were formerly 
 Proprietary Governments ; but all the Proprietary- 
 Governments which remained at the breaking out 
 of the Civil War, were the Government at the 
 Hudfon's Bay, called New Britain, the Province 
 of Pennfylvania, the three Counties of Newcaftle, 
 Kent, and Suflex, on Delaware (now called the 
 Delaware State) and Maryland. 
 
 The country called New Britain, was granted 
 to the Hudfon's Bay Company, by a charter of 
 King Charles II. of the 2d of May 1670, in 
 the 22d year of his reign (which was con6rmed 
 by an adl of Parliament made in the year 1690)* 
 The charter gives that Company an exclufive 
 trade to all that country which lies round Hud- 
 
 C 2 fon's 
 
 41' 
 
>'-! 
 
 h I 
 
 U ' i; 
 
 I ■ ■ 
 
 i , 1 ! ;r 
 
 I '; 
 
 i 
 
 0.O Conftitution of the British Colonies 
 
 fon*s Bay : but I apprehend, that (ince 6 Ann. 
 c- 37» {S* »5) no charter can be granted to 
 exclude or reftrain any fubjeft fronn a full and free 
 trade to America. I have ranked the country 
 called New Britain under this title of Proprietary 
 Governments (in preference to that of Charter 
 Governments), becaufe the trade is carried on 
 folely for the benefit of the proprietors in Eng- 
 land ; and all the Britifh fubje(5ts that refide at 
 Hudfon's Bay, or trade to that country, are fer- 
 vants to the Hudfon's Bay Company. 
 
 The Pennfylvania Charter was granted to Wil- 
 liam Penn, by King Charles II. in the 14th 
 year of his reign, which was 168 1-2: and the 
 Charter of Maryland was granted to Lord Balti- 
 more, by King Charles I. in the 8th year of 
 his reign, which was 1632. 
 
 By the Charters, the proprietors had a right of 
 appointing Governors ; but by flatute 7 & 8 
 Wil. III. c. 22. f. 16. it was enaded, " That all 
 Governors nominated and appointed by any 
 perfons or proprietors who (hould be entitled 
 to make fuch nomination, fhould be allowed 
 and approved of by his Majefty, his heirs or 
 fuccelfors ; and fhould take the oaths ap- 
 pointed by that, or any other adt to be taken, 
 by tlie Governors or Commanders in Chief, 
 in other his Majefty's Colonies or Plantations, 
 « before their entering upon their refpedlive Go- 
 ' vcrnments, under the like penalties as his Ma- 
 
 * jelly's Governors and Commanders in Chief 
 
 * were, by the faid ads, liable to." 
 Pennfylvania, Delaware, and Maryland, are now 
 
 acknowledged by Great Britain to be Indepen- 
 dent States. — I come, laftly, to 
 
 3. Charter Governments j in the nature of ci- 
 vil Corporations, with the power of making bye- 
 
 lawi 
 
in North America^ &c« 
 
 21 
 
 laws for their own interior regulation, not con- 
 trary to the laws of England, and with fuch rights 
 and authorities as are fpecially given them in 
 their feveral Charters of Incorporation, i Black. 
 Com. 108. 
 
 The only Charter Governments that remained 
 at the breaking out of the Civil War in America, 
 were the Colonics of the Maffachufett's Bay, 
 Rhode Idand and Providence Plantations, and 
 Connecticut. 
 
 The firft Charter of the Maffachufett's Bay was 
 granted by King James I. in the i8ch year of 
 his reign, and the people were thereby empowered 
 to chufe all their own OfHcers, esicept thofe of 
 the Admiralty and Cuftoms : but that Charter was 
 created by a judgment in Chancery, in the year 
 1684. However, in the 3d year of King William 
 and Que^n Mary, the people of the Maffachufc^'s 
 Bay obtained another Charter, which referved to 
 the Crown the appointment of the Governor, 
 Lieutenant Governor, Secretary, the Officers of 
 the Admiralty, and the Officers of the Cudgms. 
 The Governor, with the (lonfent of the Council, 
 appointed the Judges, Commiffioners of Oyer and 
 Terminer, Sheriffs, Provoft Marfhals, Jultices of 
 the Peace, and the Officers belonging to the 
 Council and Courts of Juftice. The appointment 
 of the other Civil Officers was vcftcd in the Counr 
 cil and Aflcmbly, independent of the Governor. 
 The Freeholders elected an Houfe of Reprc:? 
 fcntatiyes, and that Houfe chofe a Speaker and 
 Council, which was ulfo the Upper Houfe of 
 Legiflature. The Governor, the Council, and 
 the Houfe pf Reprefentatives, conftituted the Ge- 
 neral Court i which was, in the firft place, the 
 Legiflature of the Colony j fecondly, a Court of 
 Equity; and, thirdly, a Court of Appeals (or 
 
 C 3 Errors) 
 
 
 "i. 
 
i '.I 
 
 »! 
 
 i I-; 
 
 I 
 
 1i 
 
 H'i 
 
 a« Cotijiitution of the British GotONiEs 
 
 Errors) from Judgments given in the other 
 Courts. Sec Hutchinfon's and Chalmers's Hifto- 
 ries of the Maflachufett's Bay, and Political Re- 
 flections on the late Colonial Governments, 
 
 The Charter of Rhode IQand, and Providence! 
 Plantations, >vas granted them by King Charles II. 
 in the 15th year of his rcignj which was 1663 ; 
 and the Charter of Connecticut was grant- 
 ed them by King Charles II. in the 14th year 
 of his reign, which was 1662. The refpeftive 
 Charters .of thefe Colonies, empowered the people 
 %o elcdt all their Officers, estcept thafe of the Ad-J 
 miralty and Cuftoms : and before the Civil War, 
 the General Court in eadiof thefe Colonies, had 
 the fame powers within their refpeCtive Govem-J 
 ments, as the General Court in the Maflachufett's 
 Bay had there. But all thefe Charter Govern- 
 ments are now acknowledged by Great Britain 
 to be Independent States, ^**1 
 
 It is faid, that the firft Charter granted by thie 
 Crown of England, for the purpofe of Coloniza-* 
 tion, was that granted by King James L tOi 
 the two Virginia Companies, bearing date the 
 ioth of April 1606 : and that the Charters which 
 preceded it, were granted for the purpofe of dif- 
 
 covery only. 4-- • ' 
 
 Before the Civil War in America, the form of 
 Government in mofl: of the Colonies was bor- 
 rowed from that of England, i Black. Com. loS. 
 And the commiflions to the King's Governors ex- 
 prcfsly provided, "That all laws, iVatutcs, and 
 *' ordinances in the Colonies, were not to be re- 
 pugnant to, but as near as might b,e agreeable 
 to the laws and ftatures of the kingdom of 
 *' Great Britain." The form of thofe commif- 
 fions (till continues to be the fame, with rcfpect' 
 
 to 
 
 <c 
 
 €C 
 
fft North Awemoa, &Ct 
 
 ^3 
 
 to fuch Colo-^ics jts yet remain to Great Bri- 
 tain. 
 
 The Colony Charters alfo diredlcd, " That the 
 ** bye-laws, conftitutions, orders and ordinances, 
 «' pains, and penalties there, (hould be reafonable, 
 <« and not contrary or repygnaiit to the laws and 
 " ftatutes of the realm.** 
 
 In thje Provincial Eftablifiiments, or King's 
 Governments, the Go*rernor was always narped 
 by the Kingj and that is ftill the cafe, with rcr 
 fped to f«ch Colonies as remain to Great Britain -^ 
 for the Governor is the King's Jleprefentative, or 
 Deputy. I Black. Com* io8. 
 
 But I have already obfervcdj that before the 
 Civil War, the Governor in a Proprietary Go- 
 vernment, was named by the Proprietor, i'ubjeft 
 to the reftridiocs contained in 7 and 8 Wil. Ill, 
 c. 22. f. 16. 
 
 That in the MaflachuTett's Bay, the Governor, 
 Lieutenant Governor, Secretary, Ofiiccrs of the 
 Admiralty, and Officers of the Cuftoms, were 
 named by the Crown. 
 
 And that in the other two Charter Colonies, 
 all the Officers, except thofe of the Admiralty 
 and Cudoms, were chofen by the people. 
 
 The Officers in the Provincial KltabJilhments, 
 or King's Governments, were originally ap- 
 pointed by the King, or his Reprefentative the 
 Governor. 
 
 When a vacancy happened, the Governor was 
 empowered to fill it up j and his appointment 
 flood until the King thought proper to fupercede 
 it. But fee more on this head, under title Go- 
 vernor, poft. 
 
 However, in Virginia, South Carolina, and 
 ')me other Colonies, Ads of Aflembly have from 
 ime to time been aflfentcd to, which appointed 
 
 C 4 . men 
 
1 1 
 
 il 
 
 
 !. 
 
 ?! 
 
 !1 
 
 
 24 Conftitution of the British Colonies 
 
 men to executive Offices ; and thofe innovations 
 in the Conftitution p^iffedfubjtlentio at the Boards 
 in England, at times when little attention was^ 
 paid to Colony n)atters. 
 
 By the 22 Geo. 111. c. 75. it is enafled, " That 
 " from thenceforth no office to be exercifed in 
 ** any Colony or Plantation, then, or at any time 
 " thereafter; belonging to the Crown of Great 
 ** Britain, (hall be granted longer than for fuch 
 ** time as the grantee, or perfon appointed, fhall 
 '* difcharge the duty thereof in perfon, arid be- 
 <* have well therein. And in cafe he fliall be 
 " wilfully abfent, without a reafonable caufe, to 
 ** be allowed by the Governor and Council, they 
 <* may remove him from his office; but if he 
 «« thinks himfelf aggrieved by fuch amotion, he 
 *« may appeal to his Majefty in Council, where 
 *' fuch amotion (hall be finally judged of, and 
 «< determined : but the Governor and Council 
 •' may give fuch leave of abfence, as they (hall 
 *« fee occafion ; and in cafe of leave of abfence, 
 *< or vacancy by death, or amotion, they arc to 
 *< provide for the due difcharge of the duties of 
 ** the office, until the King's pleafure (hall be 
 ** known : but nothing in that a£t (hall operate 
 *» to the prejudice of any fubfifting grant of an 
 '5 office, or to prevent an office being granted^ 
 ** determinable at pleafure." 
 
 The Colonies have alfo Courts of Juftice of 
 their own j fome of which (it by authority of let- 
 ters patent, iflucd by the Governor on the firft 
 fettlement of the Colony j and others under A(5t 
 of Affembly, which eftablifhes the (lyle of the 
 Court, its jurifdidlon, and mode of proceed^ 
 ing. 
 
 The ftyle of thofe courts, and the extent of 
 ij)eir jurifdidtion were different in different Colo- 
 
 ' ' nies. 
 
in North America^ &e* 
 
 15 
 
 pies. In fomc it was called the General Court, 
 or Supreme Court of Judicature, and had the 
 fame powers within the Colony, that the King'f 
 Bench, Common Pleas, and Exchequer, have in 
 England. In other Colonies, they had a Cour? 
 ftyled the King's Bench and Common Pleas, 
 which exercifed civil and criminal jurifdidtion : 
 and there are a third fort of Colonies in the Weft 
 Indies, in which Pleas of the Crown are cog- 
 nizable by a Grand Seflions (or King's Bench and 
 Grand SefTions), and civil matters by a diftinft 
 Court called the Common Pleas. In feveral of 
 the Colonies on the Continent, before the Civil 
 War, they had a Court in each county or diftricl, 
 that decided queflions of property to a confider- 
 able amount ; but there was an appeal to the fu- 
 perior Court, which alfo decided matters in the 
 firft inftance, that exceeded the jurifdidion of 
 the County Courts. By means of thofe County 
 Courts, they had a great number of Judges in 
 fuch Colonies, who were, in general, unacquainted 
 with the law j and little decorum was obfcrved 
 in the Courts where they prefided. But in the 
 Colonies, where they had no County Courrs, and 
 the Judges of the fuperior Court went in circuit 
 throughout the Province, juftice was more im- 
 partially iadminiftered, and greater decorum was 
 bbferved, than in thofe Colonies where the 
 County Courts were eftabliflied : for four or five 
 gentlemen might be found, who were (killed in^ 
 the law, and capable of executing a judicial of- 
 fice when it was impoflible to meet with an hun- 
 dred in any Province, who were qualified to ex-* 
 ercife the powers of judicature : nor could a Co- 
 lony raife falaries for a number of able lawyers, 
 £9 induce them to quit a lucrative pradice at the 
 
 * ' ' bar. 
 
 '■1 \} 
 
T< 
 
 li 
 
 !'■'■ :'i 
 
 ^ Confiimion of ihe British Colonies 
 
 bar, in order to go on the bench % whereas the 
 raifing competent falaries foe four or. five Judges, 
 was no great harden on any country^ when it was 
 confidcred^what benefits the Public derived from 
 the fervices of men of learning and integrity. 
 Befides, whenever there is in any country a num- 
 ber of courts independent of each other, the rule 
 of decifion is not uniform, and where there are 
 many Judges in a Colony, fcarce any queftion can 
 come on, but fome of them are interefled in the 
 decifion as friends or relations to one of the' par- 
 ties. In an Ifland in the Weft Indies, where the 
 King's Bench and Grand SeiEons was compofed 
 qf the Lieutenant Governor, Members of the 
 Council, Judges of the Common Pleas, the Ba- 
 rons of the Exchequer, and the Juftices of the 
 Peace, I think I have feen inft^nces of partiality^ 
 But the reader will meet with n^ore obfervations 
 of this fort, in the following p^ts of this work. 
 
 From the decrees of the Courts of Chancery in 
 the Colonies, an appeal lies ;o the King in Coun- 
 cil here in E|ig)and. 
 
 And from the judgments of the Courts of Com - 
 mon La w, in the Colonies,* a Writ of Error lies 
 to the Ciovcrnor and Council of the Colony; and 
 from t hejr decifio n, an appeal (in the nature of a 
 Writ of Error^ l ies tp the King in Coijncil he re 
 in England. 
 
 " On an appeal to the King in Council frorn 
 " the Plantations, the proceedings muft be tranf- 
 <f mitted, and the party appealing muft proceed 
 " within a year after the appeal is allowed in the 
 « Plantations.*' 2 Lord R;iymond^ I447« i 
 
 *' But a caufe cannot be tranlmitted for dif- 
 
 <* ficiiky, but mufl: be determined one way or 
 
 « other." Id. 1448. 
 
 « A 
 s 
 
iff North Ameri ca» dec. 
 
 a? 
 
 «« A Writ of Error lies to rcvcrfe a judgment 
 f« in any dominions belonging to England." 
 Vaughan's R*p. 290. 402. Show. Pari. c. jj. 
 
 For which the rcafons are, ift, That without 
 fuch Writ, the law appointed, or permitted, to 
 fuch inferior dominion, might be infenfibly 
 changed within itfclf, without the afTent of the 
 jdominion fuperior. 
 
 2dly. Judgments might be then given to '^the 
 difadvantage or leflening of the fuperiority, 
 whjch cannot be reafonable ; or to make the fu- 
 periority to be only of the King, not of the Crown 
 of England. Vaughan's Rep. 402. Show. Pari, 
 
 The General Affemblies in the Colonics, which 
 are their Houfe of Commons, together with their 
 Council of State, being their Upper Houfe, with 
 the concurrence pf the King, or his rcprcfentativc 
 the Governor, make laws fuited to their own 
 emergeficies. i Black. Com. 108. 
 
 But it has been already obferved, that the 
 commiflions to the Governors, and alfo the Co- 
 lony Charters exprefsly provided, " that thofe 
 f laws were not to be repugnant, but as near 
 " as might be agreeable to the laws and ftatutes 
 '* of Great Britain.** 
 
 it was alfo particularly declared by ftatute 7 
 & 8. W. fil.c. 22. "That all laws, bye-laws, 
 " ufages, and cuftoms, which fhould be in prac- 
 f* ticc iti any of ;he Plantations, repugnant to 
 " any law nrtade or to be made in this king- 
 f« dom, relative ip the faid Plantations, fhould 
 " be utterly void, and of none efFe<5l." 
 
 In all the Provincial Eftabliihments or King's 
 Governmentfl, except Virginia, the ftyle of the 
 legiflature, before the Civil War, was, " the Go- 
 .'f vcrnor. Council, and Aflcmbly," (or " Ge- 
 
 " neral 
 
:ii! i 
 
 $S Conftitution of the British Colonies 
 
 <* ncral Aflembly") and in feme of them, the 
 Houfc of Reprefcntativcs was called " the Com- 
 «' mons Houfe of AfTembly.'* But the ftylc of 
 fhe legillature in Virginia was, " the Governor, 
 5' Council, and Burgeflcs in General Affcmhly,*' 
 and the Province itfelf was called, " The Co- 
 *« lony and Dominion of Virginia." However 
 jhc reader will fee the ftyle of the different Icgiflar 
 tures in the Colonies, in a fubfequent part of this 
 )vork. Before the Civil War in America, the 
 Houfes of Reprefentatives would not confent to 
 ^ny law, in which the Council was ftyled the Up- 
 per Houfe of ^^ffembly* and therefore in every 
 A6t of Affembly they were called «* Council**' 
 although in their own Journals, they were ftyled, 
 f« Upper Houfe of Aflembly j" but after the re- 
 du6lion of Georgia by the King's forces in 1779, 
 the Commons floufe of AiTembly thtiC were 
 ftruck with the propriety of diftinguiihing when 
 the Coun< il aAed as an executive body, or Coun- 
 cil of State to affift the Governor j and when 
 they formed a Houfe of Lcgiflature. And in mod: 
 of the Ads of Affembly that paffed in Georgia, 
 between the redudion of it in 1779, and the eva- 
 cuation ii) J782, the Council was ftyled the Up- 
 per Houfe of Affembly. 
 
 On the paffing i:he A6t of the 5 Geo. III. c. 12. 
 *« For granting and applying certain Stamp Du- 
 *^ ties, 6cc. in the Britifti Colonies and Planta- 
 " tions in America," (which A<^ was repealed 
 by 6 Geo. III. c. 11.) fcvcral of the Colonies 
 claimed the fole and exclufivc right of impofing 
 taxes upon themfclves: whereupon the ftatut^ 
 6 Geo, III. c. 12. was made, which exprefsly 
 declares, ** That all his Majefty's Colonies and 
 " Plantations in America, have been, and are, 
 *' and of right Qught to be, dependent upon the 
 
 Imperial 
 
 «c 
 
in North America, &c. 
 
 a^ 
 
 " Imperial Crown and Parliament of Great Bri* 
 « tain ; who have full power and authority to 
 *< make laws and ftatiites of fufficicnt validity to 
 " bind the Colonies and people of America, fub- 
 « jcfts of the Crown of Great Britain, in all 
 «* cafes whatfoevcr.** But by 18 Geo. III. c. 12, 
 f. I. " The King and Parliament of Great Bri- 
 " tain declare, that from thenceforth they will 
 " not impofe any duty, tax, &c. payable in any 
 " of the King's Colonics, Provinces, and Plant- 
 " ations in North America or the Weft Indies, 
 <* except for the regulation of commerce : the 
 ** produce whereof is always to be applied to 
 <« the ufc of the Colony in which it is levied, 
 « &c.'» 
 
 The authority of the Mother Country over the 
 Colonies was alfo exemplified by 7 Geo. III. 
 c. 59. for fufpending the legiflation of New York 
 — 14 Geo. III. c. 19. for fufpending the trade of 
 the harbour of Bofton — 14 Geo. III. c. 39. for 
 fupprefling riots in the MafJachufert's Bay — 14 
 Geo. III. c. 45. for regulating the government of 
 the MafTachufttt's Bay (by which Adl its Charter 
 was made void) — 14 Geo, III. c. 54. for pro- 
 viding quarters for the King's troops in North 
 America — 15 Geo. III. c. 10. 18. to reftrain the 
 trade of the twelve Colonies, from New Hamp- 
 Ihire to South Carolina inclufive — 16 Geo. III. 
 c. 5. to prohibit all trade and intercourfe with 
 the Thirteen Colonies, from New Hampihire to 
 Georgia inclufive, during the rebellion—— 
 17 Geo. III. c. 7. to enable the Admiralty to 
 grant commiffions to privateers, to make prize 
 of the ihips and cargoes of the faid Thirteen Co- 
 lonies, and of thofe that traded with them — 17 
 Geo. III. c. 9. 18 Geo. III. c. i. 19 Geo. 111. 
 c. I. 20 Geo. IIL c. 5. 21 Geo, III. c, 2. 
 
 Geo, 
 
 22 
 
 / 
 
!•!■:• 
 
 i:itf^ii 
 
 I (III 
 
 iiii 
 
 :t I'. 
 
 M 
 
 , li 
 
 ; . I 
 
 ^Wi 
 
 , , 
 
 
 50 Conjlitution of the British Colonies 
 
 ji2 Geo. III. c. I. to empower the King to detain 
 perfons charged with, or fufpedled of high trea- 
 fon in America, or on the high feas, or for pi- 
 racy — 20 Geo. IIL c. 46. f. 10. to indemnify the 
 Commanders in Chief in America, and all per>- 
 fons adling under them> for all ads done in fup- 
 preffing the rebellion there. 
 
 But fome of thefc Itatutes were repealed, and 
 the reft are become obiblete, fince Great Britain 
 has acknowledged the Independcncjr oi the Thir- 
 teen United States of America. 
 
 I have already obfcrved, that Sir "William 
 Blackftone, in his Commentaries^ fays, ^' That 
 *' the Britilh American Plantations are prio»- 
 ** cipally conquered or ceded countries j and 
 ." therefore the common law of England, a$ 
 *« fuch, has no allowance or authority there.'* 
 However, the Crown has from time to time efta- 
 blifhed the common law of EngUnd in all the 
 Britifli American Plantations, except Quebec or 
 Canada. That province was ceded to Great Bri- 
 tain by the treaty of Paris, concluded the loth of 
 February 1763; and at the time of the cellion, 
 Canada contained above fixty-five thoufand inha- 
 bitants, who were of the church of Rome, and 
 had always been governed by the cuftoms of 
 Paris. It was therefore both juft and prudent, to 
 indulge the inhabitants with the cxercife of their 
 religion (fubjed to the King's fupremacy), and 
 to make the laws of the country the rule of de- 
 cifion there, in all matters of controverfy relative 
 to property and civil rights. But the conftitution 
 of Grea: Britain would not permit the criminal 
 laws of a dcfpotic government fwhich were en- 
 forced without the intervention of a jury) to 
 continue in any of its plantations : and therefore 
 the ftatutc 14 Geo. III. e. 83. was made, which 
 
 (after 
 
 s 
 
$n North Amei^ica, Sec, 
 
 3< 
 
 (after cftablifliing the boundaries of Quebec) 
 ♦• provides for the government of that Province — 
 •* permits to the inhabitants the exercifc of the 
 <* Romilh religion (fubjcft to the King's fupre- 
 " macy) — makes the laws of Canada the rule of 
 ** decifioa there, in all matters of controverfy 
 *' relative to property and civil rights i but efta- 
 *< blifhes the criminal law of England in that 
 ** province." They have no Houfe of Repre- 
 fentatives in Canada: however, the abovemen- 
 cioned AA •• empowers the Governor and Ic- 
 ** giflative Council to make laws j" (which the 
 A(ft calls Ordinances) but they cannot lay a tax on 
 the Province : the power of doing that refidcs 
 folely in the Britifh- Parliament, except that the 
 legiflative Council may impower the inhabitants 
 of any town or diftrid in the Province, to levy 
 and apply rates and taxes for the purpoie of 
 making roads, and ereding and repairing public 
 buildings, or for any other purp&fes refpeding 
 4he local convenience and ceconomy of fuch town 
 or diftrift. 
 
 By the 14 Geo. III. c. ^8. « Certain duties 
 " whicfh were impofed by the French King in 
 ** Canada, are difcontirtned, and other duties, m 
 •' lieu of them, are eftablifhed by the Britiih 
 Parliament in lba« Province, to defray the 
 charges of the adminiftration of juftice, and 
 the (upport of the civil Government there." 
 I have already obferved, that great part of Que- 
 bec or Canada bath been ceded to the United 
 States of America, as will appear by confulting 
 Fadcn's Map, kttly pubUfhei 
 
 r« 
 
 cc 
 
 c< 
 
 C H A P. 
 
1 
 
 
 ' si 1 
 
 ' ' ! 
 
 
 
 ■i»i 
 
 1 
 
 i 
 
 1 
 
 1 
 
 
 ■ ; ,1 
 1 ■ ■ 
 
 - 
 
 M 
 
 1 
 
 i 
 
 32 Conftittilion of the British Colonies 
 
 C fl A P. II. 
 
 Of the Regulations to which the Commerce of the 
 Britifh American Colonies was fuhjeSled before the 
 Civil War broke out there—With fuch Alterations 
 as have taken place fince that Time^ down to the 
 prefent Period*. . 
 
 I HAVE already obffcrvcdi in the preceding 
 Chapter, that the Colonies in America^ which 
 belong to different nations in Europe, were efta- 
 blifhed for the promotion of trade, and are called 
 Colonies of Commerce. 
 
 " The Colonies formed by the Europeans in 
 •* America, are (according to Montefquieu) 
 «' under a kind of dependence, of which there is 
 <' fcarcely an inftance in all the Colonies of the 
 *' ancients, whether we confider them as holding 
 «* of the State itfelf, or of fome trading Com- 
 ** pany eftablilhed in the State." Spirit of Lawsj 
 b. xxi. c. 17. 
 
 ** The defign of thofe Colonies, is to trade on 
 <' more advantageous conditions than could 
 *^ otherwife be done with the neighbouring 
 «« people, with whom all advantages are reci- 
 <' procal. It has been eftablifhed, that the Mo- 
 «* ther Country alone fhall trade in the Colonies, 
 ^« and that from very good reafon, becaufe the 
 "defign of the fettlemcnt, was the cxtenfion of 
 '« commerce, and not the foundation of a city, 
 «« or of a new empire.'* Ibid. 
 
 <* Thus it is ftill a fundamental law of Europe, 
 *« that all commerce with a foreign Colony fhall 
 ** be regarded as a mere monopoly, punifhable 
 «' by the laws of the country. And in this cafe, 
 ^* wc arc not toJbe dircdlcd by the laws and pre- 
 
 ** cedent* 
 
 - / 
 
ifi North America, &c« 
 
 i$ 
 
 «* cedents of the ancients, which arc not appli- 
 " cable. It is likewife acknowledged, that a 
 «' commerce eftablilhcd between the Mother 
 «« Countries, docs not include a permilTion to 
 •* trade in the Colonies, for thefc always con- 
 " tinue in a (late of prohibition." Ibid* 
 
 ♦« The difadvantage of a Colony, that lofci 
 " the liberty of commerce, is vifibly compcn- 
 " fated by the protection of the Mother Coun- 
 " try, who defends it by her arms, and fupporu 
 " it by her laws." Ibid. 
 
 •* From hence follows a third law of Europe, 
 •* that when a foreign commerce with a Colony 
 " is prohibited, it is not lawful to trade in its 
 ** fcas, except in fuch cafes as arc cxcepoed by 
 " treaty." Ibid. 
 
 ** Nations who are, with refpc<5l to tlie whole 
 
 ** univerfe, what individuals are in a State, like 
 
 ' thcfe are governed by the law of nature, and 
 
 by particular laws of their own making. One 
 
 nation may refi^n to another the fea, as well 
 
 « as the land." Ibid. 
 
 Mr. Selden, in his Mare Claufum, *has provcd> 
 *' that the fea is capable of occupancy and do- 
 " minion, naturally, as well as the land^** 
 Vaughan*s Rep. i88. 
 
 By ftatute 4 Geo. III. c. 15. f. ^^9 34* ** Fo- 
 reign veffels found at anchor, or hovering 
 *' within two leagues of the (hore of any Britifti 
 
 * American dominion, and not departing, unlcfs 
 
 * diftreffedjin forty-eight hours afier notice, were 
 •* liable to be forfeited, together with the goods, 
 " except French veflels fifhing on the coaft of 
 " Newfoundiand, between the limits permitted 
 « by treaty." See alfo, f. ;^^. to prevent BritiOi 
 veffels from trading with the French at Saint 
 Pierre's and Miquclon. 
 
 D « The 
 
 u 
 
 « 
 
 m 
 
^■V 
 
 ( '■•' 
 
 I 1; 
 
 
 ;. 
 
 I! 
 
 ! ! 
 
 i::'ii 
 
 
 ■m 
 
 34 ConftituHon of the Britisk Coi^onies 
 
 " The great diftance of our Colonics, is ndt 
 *' an inconvenience that afFc6ts their fafety, for 
 " if the Mother Country, on whom they depend 
 ** for their defence, is far diftant, no Icfs diftant 
 *' are thofe nations by whon) they may be afraid 
 " of being conquered," Spirit of Laws, b. xxi. 
 c. 17. 
 
 But this obfervation does not hold true, (inc6 
 the Thirteen' United States of America are ac- 
 knowledged to be independent y for they arc 
 much nearer to the American Colonies, belong- 
 ing to the different European powers, than the 
 refpeftivc nations are, on whom thofe Colonies 
 depend. " Beftdes this dtftance is the caufe 
 ** that thofe who are eftabliflied there, cannot 
 ** conform to the manner of livin'g in a climate 
 *' fo different from their own. They are obliged 
 *< therefore, to draw from the Mother Country 
 *' all the conveniences of life. Our Colonies in 
 *' the Charribbee lilands,^ are tinder an> admirable 
 *' regulation* in this rcfpedb ; the fu'b^cft of their 
 ** commerce is, what we neither have, nor can 
 *^ produce, and they want what is the fubjcdt of 
 "ours." Spirit of Laws, b. xxi. c. 17. 
 
 The Ehjtch formerly carried on a confiderable 
 trade to the Britifh American Colonies, unti^ 
 they were excluded by the Long Parliament, of 
 which Sir William Biaekftone gives the follow- 
 ing account : 
 
 '* The moft beneficial (latiite for the trade and 
 *• commerce of thefe kingdoms is the Naviga- 
 ** tion A£t, the rudiments of which were firft 
 ^ framed in 1650," (Scobell, 13a.)" with a'nar- 
 " row partial view, being intended to mortify 
 *• our own fugar iflands, which were difaffedbcd 
 *.« to the Parliament, and ftill held out for Charles 
 ** the Second, by (topping the gainful trade which 
 ; . Z ' + y they 
 
 1'. "'■ i 
 
in North America j &c* 
 
 35 
 
 \^ they then carried on with the Dutch," (M6d« 
 Un. Hid. 41. 289.) " and at the famfc to clip the 
 *« wings of thofc our opulent and afpiring ncigh- 
 *< bours. This prohibited all (hips of foreign 
 •< nations from trading with any Englifli Plant- 
 " ations, without licence from the Council of 
 " State. In 1651,*' (Scobell, 176.) ** the pro- 
 ^ hibition was extended alfo to the Mother Coun- 
 " try ; and no goods were fuffered to be im- 
 " ported into England, or any of its depend- 
 " encies, in any other than Englifli bottoms, or 
 *' in the (hips of that European nation^ of which 
 *' the merchandife imported was the genuine 
 " growth or manufafture* At the Rcftoration, 
 " the former provifions were continued, by flatute 
 «< 12 Gar. II. c. 18* with this very material im- 
 " provement, that the mafter, and three-fourths 
 " of the mariner's, fhall alfo be Englifh fubjedts*" 
 J Black. Com. 418. 419. 
 
 But in time of war, it has been ufual to pafs 
 an Aft of Parliamentj to permit Britifli Mer- 
 chant veflels to be navigated by three-fourths fo-^ 
 reign feamen. See 31 Geo. III. c. 11. which is 
 the I aft act of that fort. 
 
 The ftatute 15 Car. II. c, 7. After reciting, 
 " That his Majefty's Plantations beyond the feas', 
 
 are inhabited and peopled by his fubjeds of 
 
 this his kingdom of England, for the main-^ 
 ' taining a greater correfpondence and kindnefa 
 ' between them, and keeping them in a firmer 
 
 dependence upon the Mother Country j and 
 ** rendering them yet more beneficial and advan-*- 
 ** tageous to it, in the further employment and 
 •* increafe of Englifh Shipping and Seamen ; vent 
 " of Englifh woollen, and other manufaftures and 
 ** commodities ; rendering tlic navigation to and 
 *' from the fame more fafc and cheap ; and 
 
 Da " making 
 
 X 
 
 [•c 
 
 l<C 
 
I 
 
 iW 
 
 
 
 i'H:^Mi 
 
 !M I 
 
 ■'?!' 
 
 ..H 
 
 .'i 
 
 'i* 
 
 
 1 
 
 
 ■'11 
 
 .^1 
 
 'i ''t 
 
 ,fi 
 
 36 Conflttution 6f the BaitiSH Coloni^^ 
 
 ** making this kingdom a (laple not only of the 
 " connmoditiei of thofe Plantations, but alfo of 
 ** tlie commodities of other countries and places, 
 ** fof the fupplying of them ; and it being the 
 *' ufage of orher nations to keep their Plantation 
 ** Trade to rhemfelves : It enadis. That no com-* 
 •< modity of the growth, production, or manu- 
 " faftore of Europe, (hall be imporccd into any 
 ** Land, Ifland, Plantation, Colony, Territory, 
 ** or Place to his Majeily belonging, but what 
 «' fhall be ftiippcd in England, Wales, or Ber- 
 •* wick, and in Englilh-built (hipping, whereof 
 ** the mailer and three-fourths of the mariners, 
 <* at Icaft, to be E^glilh, under the forfeiture of 
 *« (hip and cargo." 
 
 ■ By the 7 and 8 W. III. c, 22. f. 2. " No goods 
 «« or merchandifc (hall be imported into, or ex- 
 *« ported out of, any Colony, or Plantation, but in 
 *« (hips built in England, Ireland, or the Colo- 
 ** nies," (except prize (hips legally condemned, 
 20 Geo. If. c. 45. f. 9.) " and wholly owned by 
 " the people thereof, or any of them, under for- 
 «* feiture of (hip and goods." And fee f. 17. for 
 regiftering all (hips trading there. But by the 
 13 Geo. III. c. 26. "A foreigner may purchafe 
 «• a (hare in a Briti(h (hip, with the confent in 
 •* writing of the owners of three-fourth parts in 
 *« value, at leaft, indorfed on the certificate of 
 «* the rcgifter befoi^ two witne(res, otherwifc the 
 *' contra(fl, &c. to be void.*' 
 
 By the 15 Geo. II. c. 31. f. i. « No (hip or 
 «* vefTcfl required (by 7 and 8 W. III. c. 22. and 
 *' 5 Ann. c. 8.) to be regiftercd, and carrying 
 •' gooas, &c. to or from any of his Majefty's 
 ** Plantations in America, or to or from one 
 *' Plantation to another, (hall be permitted to 
 *< cradej or be deemed qualified for that purpofe, 
 
 •« within 
 
in North America, &Ci 
 
 37 
 
 « within the intent of the faid Afts, until the 
 <* mailer or perfon having charge of the faid fhip 
 »^ or velTcl, fliall upon oath (or in cafe of 
 " a Quaker, qpon affirmation) before the Go^ 
 ** vernor or CoUcdor of the Cu(tomS| where the 
 *< fame fhall arrive, give a juft and true account 
 *« of the name and burthen thereof, and of the 
 " place from whence (he came, and of the other 
 ^* particulars^ according to the form of the oath 
 *-' fet forth in the Aft, under the forfeitures in 
 « the f^d Adt mentioned." But, 
 
 By 3 and 4 Ann. c. 8, ijGeo. I. c.5. 3 Geo. 
 11. c. 12. 4 Geo. III. c. 15 and 19. 9 Geo. III. 
 c. 28. ^* Horfes, vi<5luals, and linen cloth from 
 «< Ireland 5 fait from any part of Europe i wines 
 <' of the growth of Madeira, aqd of any of the 
 «' Weftern Iflands i and goods neceiTary for the 
 <« fiflicry from Jerfey or Guernfey, may be im- 
 << ported direftly into the B^itifb Colonies in 
 " America," And, 
 
 By the Aft of Union, 5 Ann. c. 8, Article 4. 
 »* All the fubjefts of the united kingdom of Great 
 << Britain, (hall have full freedom and intercourie 
 f' of trade and navigation to and from any part or 
 (* place within the faid united kingdom, and the 
 *^ dominions and plantations thereunto belong* 
 "ing.'* Alfo, 
 
 By the 20 Geo. III. c. 10. " Any goods which 
 " may be imported from Britilh America, &c. 
 " to Great Britain, may be imported dircftly to 
 *' Ireland, and exported from thence, if the Irifh 
 *« Parliament impofes the fame duties as are paid 
 <* in Great Britain." 
 
 Some American produce was permitted to be 
 carried direftly to a foreign market, without be* 
 ing iirft brought to Great Britaint 
 
 D 
 
 For, 
 
nil 
 
 
 •; ill 
 
 ■(I ' !l 
 
 'ill!,- 
 
 M, 
 
 i j 
 
 i:, 
 
 
 r , •'■ ! 
 
 
 i ]■ 
 
 \4 
 
 i 
 
 'I! 
 
 N 
 
 J8 Conftitution of the British Colonies 
 
 For, " Any vcffd built in Great Britain, and 
 ** navigated according to law, and belonging to 
 *' any of his Majefty's fubjc6ts, of which the major 
 '' part ihall be refiding in Great Britain, and the 
 ** refidue in Great Britain, or in fome of his 
 *' Majefty's Sugar Colonies in America, may load 
 ** fugars of the growth of the faid Colonies, or 
 <f any of them, and carry thp fame from thence 
 *^ to any part of Europe, under certain reftric- 
 " tipns and regulations.** See the 12 Geo. II. 
 c. 30. extended to all fhips belonging to Great 
 Britain by 15 Geo. II. c, 2,3" f» 5.— The Aft of 
 the 12 Geo. II. c. (^o. was continued down from 
 time to time, and by 18 Geo, III. c. 45. f. 3. is 
 continued to September 1785, &c. 
 
 And before the Civil War broke out in Ame- 
 rica, *^ Any Veflel belonging to his Majefty's 
 *« fubje6ts refiding \\^ Great Britain, and navi- 
 <* gated according to law, might load rice in 
 '* North Carolina, South Carolina, Georgia, Eaft 
 f^ and Weft Florida^ and carry the fame direclly 
 ** to any part of Europe, fouthward of Cape Fi- 
 " nifterrcj without carrying the fame to any other 
 f' Plantation, or to Great Britain, under certain 
 ^< regulations." See the 3 Geo. II. c. 28. allow- 
 ing this liberty to rice from Carolina — 8 Geo. II. 
 c. 19. extending it to Georgia — 5 Geo. III. c. 45, 
 t. 19. extending it North Carolina— 10 Geo. III. 
 c. 31. II Geo. III. c. 39, extending it to Eaft 
 and Weft f lorida. But North Carolina, South 
 Carolina, and Georgia, are now acknowledged to 
 be independent j and Eaft and Weft Florida arc 
 ceded to Spain. ' . * 
 
 AH the produce of the Britifh American Plant- 
 ations, was divided into enumerated and non- 
 enumerated Articles. The enumerated Articles, 
 were thofe particularly named in 12 Car. II. c. 18. 
 
 t ( 
 
in North America, &c 
 
 59 
 
 tiS, 19. 15 Car. II. c. 7. f. 9. 22, 13 Car. IL 
 c. 26. f. lo, II, 12, 13. 7 & 8 W. III. c. 22. 
 3 & 4 Ann. c. 5. f. 12. 3 & 4 Ann. c. 10. 
 3 Geo. I. c. 15. f. 24. 8 Geo. I. c. j8. f. 22. which 
 enumerated Articles are fugar^ cotton, wool, to- 
 bacco, indico, ginger, dying woods, rice, ntw- 
 lafles, furs, and copper ore of the Hantationsj 
 tar, pitch, turpentine, mads, yards, bowfprits, 
 4:offee, pimento, cocoa-nuts, whale fins, raw filk, 
 hides and ikins, pot and pearl afhes of America 1 
 and all thofe articles before the Union, mud 
 have been brought to England only— after the 
 .5 Ann. c. 8. art. 4. to Great Britain only— and 
 lince the 20 Geo. III. c. 10. they muft be brought 
 to Great l^ritain or Ireland, except that fugars 
 may be carried dire<5lly to any foceign port;, under 
 the reftridions of iji Geo. IJ. c. 30. — land that, 
 before the Civil War, rice might have been car- 
 ried to the ibuthward of Cape Finiftcrre^, under 
 the A6ls 3 Geo. II. c. 28. &c. 
 
 The non-enumerated articles, are thofe which 
 the feveral Afls regarding the .Colonics do not 
 jfpecify. 
 
 By 4 Geo. UI. c. 15. f. 28. 5, Geo. IIJ, c. 45. 
 C 22. 6 Geo. ill. c. 52. f. 30. 7 Geo. HI. c. 2. 
 9 Geo. III. c. 28. f. 3. The non-enumerates 
 might be carried to any part pf Europe to the 
 fouthward of Cape Finifterre — to any of the Bri- 
 tilh Colonies in America — ;to any port of Spain 
 within the Bay of Bifcay — to Ireland— -and to 
 Jerfey or Guernfey (except rum to thofe two laft 
 mentioned Iflands) as well as to Great Britain. 
 
 Such lumber, as is fpecified.in 8 Geo. I, c. 12. 
 f. 2. might be carried to any of the Britifli Co- 
 lonies in America-t-to any place in America, 
 Africa, or Afia — to Ireland — the Madeiras— the 
 Azores — and to any part of Europe to the fouth- 
 ward pf Cape Finilterre — and iron might be 
 
 D 4 carried 
 
J '1 
 
 • I'li^ 
 
 h „hi'' 
 
 I' n 
 
 i'-'i 
 
 1 '' 
 
 
 I - 
 
 i'll! 
 
 
 i<)! 
 
 (ii 
 
 ;i'^' 
 
 40 Conftituli§H tf th BAiTfm Colonies 
 
 carried to any Brkifti Colony in America— to smy 
 place in America, Africa^ or Afia — and to Ire* 
 land, as well as to Great Britain, to which place 
 €>nly all the above articles mud have been for- 
 merly imported. But fince the Union of Eng- 
 land and Scotland, and the making the 90 
 Geo. III. €.10. with refpcdt to Ireland, the Scotch 
 and Irifh are intitled to the fame free trade and 
 navigation to and from Britifh America, as the 
 Fnglifh have 
 
 Several free ports were alfo opened in two Bri- 
 tilh Iflands in the Weft Indies j for by 6 Geor III. 
 c. 49, f. 1. <* Live cattle, and all manner of 
 •• goods and commodities, the growth or pro- 
 •* duce of any Colony or Plantation in America, 
 *' not under the dominion of his Majcfty, his 
 *' heirs and fucceffors, except tobacco, might 
 ** be imported into Prince Rupert's Bay, and 
 *' Rofeau in the Ifland of Dominica, from any 
 <* foreign Colony or Plantation in America, in 
 .*< any foreign floop, fchooner, or other veffel 
 " whatfoever, r>ot having more than one deck." 
 (expired as to Dominica) — And by fedt. 2. ** Live 
 ** cattle, and all manner of goods arid commo- 
 *' dities, the growth or produce of any Colony or 
 ** Plantation in America, not under the dominion 
 ** of his Majefty, his heirs and fucceffors, cx- 
 ** cept fugars, coffee, pimento, ginger, melalTes, 
 ** and tobacco, may, in like manner, be im- 
 ** ported into Kingfton, Savanna la Mar, Mon- 
 ** tego Bay, and Santa Lucca, in the Ifland of 
 *' Jamaica, from any foreign Colony or Planta- 
 ** tion in America, in any foreign floop, fchooner, 
 *• or other veffel whatfoever, not having more 
 *? than one deck," 
 
 This Aft was continued and amended by the 
 13 Geo* 111. p. 73. ?ut by 14 Geo. III. c. 41. and 
 
 %i Geo. 
 
ilt N0K,TII ABCBJttCA, &C» 
 
 41 
 
 iiGeo. IILc.a9* itis continued as to Jamaica only, 
 aiid will be in force until November 1787> &c. 
 
 Since the fornner part of this chapter was coin- 
 piled, two Afts have been paffed by the Britifh 
 Parliament, in confcquencc of the late peace. — 
 The firft is ftatute 23 Geo. III. c. 26. intituled, 
 *« An Aft to repeal fo much of two Adts made in 
 " the 16th and 17th years of the reign of his pre- 
 ** fcnt Majefty, as prohibits trade and intercourfc 
 *« with the United States of America. By thw 
 ** Statute, fo much of the 16 Geo. III. c. 5. (as 
 *' prohibits all trade and intercourfe with the 
 *' Thirteen Colonics, in the Ad named, durin«j 
 *^ the continuants of the rebellion within the faid 
 •* Colonies rcfpcftively, &c.) And alfo, fomuch 
 " of the 17 Geo. III. c. 7. (as enables the Com- 
 •* miffioners for executing the office of Lord High 
 ** Admiral of Great Britain, to grant commif- 
 ** fions to the commanders of private fhips of war 
 *« and vcffeis employed in trade, or retained in his 
 ** Majefty *s fervice, to take, and make prize of 
 *« all fuch fhips and vcffeis, and their cargoes, aa 
 <* are therein mentioned, for a limited time) fo 
 ** far as fuch Ads extend to prohibit trade and 
 *' intercourfe with the territories now compofing 
 *' the United States of America, or to authorife 
 *' any hoftilities againfl the perfons or properties 
 ** of the fubjeds and citizens bf the faid United 
 «* States, after the refpedive periods fet forth in 
 «* his Majefty's Proclamation, for the ccfTation of 
 ** hoflilitics between Great Britain and the United 
 <* States, of America, bearing date the 14th day 
 <« of February 178.:, are repealed.'* 
 
 The fecond ftatute is 23d Geo. III. c. 39. inti- 
 tuled, " An ad for preventing certain inftrumcnts 
 ** from being required from fliips belonging to 
 ** the United States of America ; and to give to 
 
 *< his 
 
.ti! 
 
 i iiii; 
 
 !'. I 
 
 I iiii 
 
 X' . 
 
 41 Conftituticn of the British Colonies 
 
 ^ his Majefty, for a luniced time, certain powers 
 •* for the better carrying on trade and commerce 
 ** between the fubjcdls of his Majefty's domi- 
 *^ nions, and the inhabitants of the faid United 
 *« States." 
 
 By this aft, " No manifefl:, certificate, or 
 *(* other document, is required for any ihip or 
 «« veffel belonging to the United States of Ame- 
 ♦* rica, arriving from thence, at, or clearing out 
 <* from, any pore in this kingdom, for any place 
 « within the faid United States, excepting fuch 
 *t* bonds as arc required, duly to export, and not 
 ^* to reland any goods entitled to a drawback or 
 •i* bounty, or which are prohibited to be ufed 
 " or worn in this kingdom. — Which bond may 
 be difcharged upon a certificate under the 
 hands and feals of any officers appointed by 
 the United States for that purpofe -, and where 
 no fuch officer is appointed, then the bond 
 may be difcharged upon a certificate under the 
 « hand and feal of any Magiftrate of the faid 
 *« United States, certifying that there is no fuch 
 " officer at fuch place ; and that oath hath been 
 f* made before fuch Magiftrate, by the mafter, or 
 <* other perfon having the charge of fuch fhip, 
 " that the goods for which fuch certificate is re- 
 ^< quired^ were duly landed by him within the 
 «f faid United States. 
 
 «^ And his Majcfty in Council may, by orders 
 «' publifhed from time to time, give fuch di- 
 *< regions, and make fuch regulations, with re- 
 " fpe£t to duties, drawbacks, or otherwife, for 
 " carrying the trade between the territories of 
 <^ Great Britain and thofe of the United Slates, 
 as to his Majefly in Council fliall appear moll 
 expedient and faiutary. But the ad, and the 
 powers and ^uthoritijes thereby given to hia 
 
 Majeftyi 
 
 <( 
 
 <c 
 
 cc 
 
 cc 
 
 (C 
 
 cc 
 
 iC 
 
 u 
 
 cc 
 
 
in North America^ £rc. 
 
 43 
 
 ff Majefty, and all orders publifhcd in confe- 
 »' qucnce thereof, are to be in force until th© 
 f' aoth of December 1783, and no longer." 
 
 CHAP. III. 
 
 Of the Thirteen United States of Jnterica^ wbofi 
 Independence bath been lately acknowledged by Great 
 Britain. 
 
 IN the year 1775, the Civil War broke out in 
 the Maffachufett's Bay, and foon extended it- 
 fclf throughout all the Thirteen Britifh Colonies, 
 from New Hampshire to Georgia inclu5ve. Num-r 
 l^ers of the inhabitants of thole Colonies, fcnfible 
 of the happinefs they enjoyed under the Govern- 
 ynent of Great Britain, were averfc to the mea- 
 fures carried on in America : but many of them 
 acquiefced through fear. However, there were 
 fome who (remembering their allegiance to their 
 Sovereign, and their gratitude to Great Britain) 
 adhered to their loyalty ^t every rifk ; and are 
 pow refpeded by men of every denomination. I 
 could adduce inltances of conduct in loyalifts, 
 that would do honour to human n4tqre ; but 
 there is one which I cannot pafs over, becaufe it 
 {hews with what firmnefs men will a6t, when they 
 are confcious that they have tJvken the right fide 
 pf a queftion. — A fort was reduced by the Ame* 
 ricans on tiie Rivef Savannah 5 and fuch of the 
 loyal militia as were in garrifon there, had the al^ 
 ternative offered them, of enlifting with the AmcT 
 ricans, or being put to death. Amongft the 
 loyalifts was a young man who defired a few mi-r 
 nutes to condder of the propofal; and after a 
 ijiort paufe, he rcfolutcly anfwercd, ** That he 
 
 " " prefcrrecj 
 
\Ti.l\ 
 
 m 
 
 ,5 I 
 
 
 I ■;;:;:' 
 
 
 I t 
 
 ': :,lii 
 
 44 ConJIitutlcn of the Baitjsh Colonies 
 
 •* preferred death to difgrace j" on wliich he wai 
 immediately cut down with a broad fword. 
 
 The Thirteen United Colonies declared them- 
 felves to be Free and Independent States on the 
 4th of July 1776. I leave it to thofe who write 
 the Hiftory of the Civil War in America, to fpe- 
 cify the arts that were ufed in the Continental 
 Congrefs, to bring about the declaration of In* 
 dependency. 
 
 . On the 9th of July 1778, Articles of Confede- 
 ration and perpetual Union were agreed upon in 
 the Continental Congrefs held at Philadelphia; 
 but thofe Articles of Confederation were not fi- 
 nally ratified until the ill of March 178 1, when 
 the State of Maryland, by their Members in Con- 
 grefs, on :hat day acceded (hereto, and com-f 
 pleted the fame. 
 
 The principal parts of the Articles of Confede- 
 ration are, 
 
 " That the ftylc of the Confederacy (hall be 
 ** The United States of America -" but each State 
 •• retains its fovereignty, freedom, and indepen- 
 ** dence, and every power, jurifdidtion and right, 
 ** which is not cxprefsly delegated to the United 
 ** States in Congrefs. — —The States enter into a 
 « firm league of firiendfiiip, for their common 
 •* defence, the fecurity of their liberties, and their 
 *' mutual and general welfare, againd all attacks 
 " on account of religion, fovercignty, trade, or 
 
 ** any other pretence. The free inhabitants 
 
 *• of each State (paupers, vagabonds, and fu- 
 ** mtives excepted) ihall be entitled to all privi- 
 •* leges and immunities of free citizens in the 
 ♦* feveral S.cates, and Ihall have free ingrefs and 
 •* pegrefs, and all the privileges of trade and 
 ** commerce^ fubjeft to the fame duties and re- 
 f* fl:ri(5tions as the inhabitants j but fuch reftric- 
 
 " tiont 
 
in North America, &c. 
 
 45 
 
 «« tlons arc not to extend to the removal of pro* 
 •* pcrty imported into any State, to any other 
 '< State, of which the owner is an inhabitant » 
 ** and no impofition, duties, or reftridtion, arc 
 «* to be laid by any Scate on the property of the 
 
 ** United States, or either o( them. Perfons 
 
 *' charged with treafon, felony, or other high 
 
 " mifdemeanour, flying from juftice, fhali, upon 
 
 ** demand, be delivered up: and full faith and 
 
 «• credit (hall be given, by each State, to the 
 
 «* records, a(fls, and judicial proceedings, of the 
 
 ** Courts and Magiftrates of the other States.-* 
 
 « Delegates are to be annually appointed by 
 
 " each Swte, to meet in Congrefs on the firft 
 
 ** Monday in November! but each State may 
 
 *' recal its Delegates within the year, and fend 
 
 ** others for the remainder of the year. No State 
 
 *' is to be reprefented in Conp:refs by lefs than 
 
 <* two, nor more than feven Members -, and no 
 
 « perfon is to be a Delegate for more than three 
 
 *' years in (ix, nor, whilil a Delegate, can he hold 
 
 *^ an ofHce under the United States, for which 
 
 «* he receives any falary, fees, or emoluments* 
 
 " Each State is to maintain its own Delegates^ 
 
 ** whilft they a£t as fuch : and in determining 
 
 *< questions in Congrefs, each State (hall have 
 
 " one vote. Freedom of fpeech and debate in 
 
 « Congrefs, (hall not be queftioned out of it % 
 
 ** and the Members (hall be protected from ar* 
 
 *' reft and imprifonmenc in going to, coming 
 
 '< from, and attendance on Congrefs, except 
 
 " for treafon, felony, or breach of the peace.— 
 
 •' No Scate, without the confent of the others in 
 
 ** Congrefs, is to fend or receive an embaflTy, or 
 
 ** enter into any conference, &c. with any King, 
 
 *' Prince, or State; nor (hall any perfon in ofHce 
 
 ** under .the United Swtcs, or any of them, ac- 
 
 « cept 
 
.1!! 
 
 '! 
 
 i , I 
 
 If'' 
 
 'i 
 
 ')!■ 
 
 
 i'! 
 
 1 ":'H: 
 
 j\6 Conftitution if the British Colonies 
 
 " ccpt of any prelcnr, emolument, office or titli*, 
 «* from any King, Prince, or foreign State : nor 
 « (hall the United States, in Congrefs alTembled, 
 <* grant any title of Nobility. No two or more 
 << States, fhall enter into any treaty, &c. without 
 <* the confent of the Continental Congrefs. And 
 «< no State fhall lay any impoils, or duties inter- 
 «« fering with treaties entered into by the Con- 
 *« tinental Congrefs, with any King, &c. in pur- 
 «« fuance of any treaties already propofed by 
 «« Congrefs to the Courts of France and Spain. — • 
 ** No veflels of war, or body of forces, are to be 
 «* kept up in peace by any State, except fuch as 
 *» are deemed neceffary by the Continental Con- 
 's grefs } but every State is to keep up a well dif- 
 «< ciplined militia, fufHciently accoutered, with 
 «* a proper quantity of field pieces, tents, arms, 
 « ammunition, and camp-equipage: But no State 
 « is to engage in a war without confent of the 
 «« Continental Congrefs, unlefs it is adlually in- 
 '< vaded, or receives advice that fome Indian 
 '< Nation intends fo to do, and the danger will 
 «« not admit of the Continental Congrefs being 
 •( affembled and confulted. And no State is to 
 <« grant commiffions or ktters of marque to any 
 «« veffel, except after war is declared by the Con- 
 «« tinental Congrefs ; and then only againft the 
 <« State at war, and under the regulations efta- 
 *< blilhed by the Continental Congrefs j except 
 <f againft pirates, and for fo long as the danger 
 '« continues, or until the Continental Congrefs 
 " fhall determine otherwife* — When land forces 
 *« are raifed for the common defence, all officers 
 " under the rank of Colonel fhall be appointed 
 « by the State that raifes them ; and all vacancies 
 " are to be filled up by the State that firft made 
 *< the appointiftent.-rAll cxpcnces iacurred for 
 ■' ' « the 
 
 ■^- 
 
i» North America, &c. 
 
 47 
 
 U 
 t( 
 
 it 
 t€ 
 it 
 (C 
 <C 
 <( 
 <C 
 <C 
 (( 
 (C 
 <C 
 <C 
 <C 
 <C 
 
 cc 
 <c 
 «c 
 <c 
 <c 
 cc 
 <c 
 cc 
 cc 
 cc 
 <c 
 cc 
 
 C( 
 
 cc 
 cc 
 
 (C 
 
 cc 
 cc 
 cc 
 cc 
 cc 
 
 the common defence, and allowed by the Con- 
 tinental Congrefs, fliall be defrayed out of a 
 common trcafury fuppHed by the fcveral States, 
 in proportion to the value of land within each, 
 as the Continental Congrefs fhall from time 
 to time direft : but the taxes (hall be laid and 
 Jcvied by the Legiflatures of the fcveral States, 
 within the time agreed upon by the Continen- 
 tal Congrefs, who have alfo the fole power of 
 determining on peace or war (except in cafes 
 of invadon, &c. as before mentioned) 5 fending 
 and receiving ambafladors.; entering into trea- 
 ties and alliances (but not to retrain the Le- 
 giQature of each State from impofing fuch 
 dut'^s on foreigners, as tiieir own people arc 
 fubjeft to, nor from prohibiting the exporta- 
 tion or importation of any goods) ; of eflablifli- 
 ing rules for deciding on captures by land or 
 water, and in what manner thofe taken by the 
 forces in the fervice of the United States (hall 
 be appropriated ; of granting letters of marque 
 and reprifal in times of peace ; appointing 
 Courts for the trial of piracies and felonies on 
 the high fcas j and eftablifhing Courts for ap- 
 peal in all cafes of captures j but no Member 
 of the Continental Congrefs is to be a Judge 
 of any of the faid Courts. — The Continental 
 Congrefs is alfo the laft refort on appeal, in all 
 difputes between two or more Stares, concern- 
 ing boundary, jurifdidion, or any other caufe: 
 and on the petition of either party, they finally 
 determine all controverfies concerning the pri- 
 vate right of foil, claimed under different 
 grants of two or more States, whofe jurif- 
 di(5lions> as they may refpefb fuch lands, and 
 the States which pafTed fuch gran ts, are adjuftcd; 
 the faid grants, or either of mem, being ac 
 
 " the 
 
 
48 Conjiilution of the British Colonics 
 
 If 
 ■J i 
 
 '\" 'i 
 
 ■,:ii : 
 
 
 
 ■■ 
 
 
 i;r,.: 
 
 
 . . if '■■ '■! 
 
 ■ Ml 
 
 1 
 
 1 
 1 
 
 
 ii* 
 
 :;>i 
 
 !ii;;|;r 
 
 «c 
 
 the fame time claimed to have originated atl* 
 teccdcnt to fuch fettlement of jurifdiflioai 
 which authorities of the Continental CongrefS) 
 in both cafes, are to be exercifed in th€ man- 
 ner particularly direfled in the 2d fc^tion of 
 the 9th Article of Confederation : but no State 
 fhall be deprived of territory for tlje benefit of 
 ** the United States. — The Continental Congrefs 
 ** hath alfo the fole power of regulating the 
 alloy and value of coin, ftruck by their own 
 authority, or that of the refpectivc States j fix* 
 ing the ftandard of weights and meafures j ma* 
 naging all affairs with the Indians, not Mem- 
 bers of any State (but not to infringe the le- 
 giflative Hght of any State within its own li- 
 mits); eftablifhing and regulating poft-ofikes 
 throughout all the States, and cKa^ling fuch 
 poftage as may defray the cxpence of tbrc of- 
 fice } appointing all naval officers, and all but 
 regimental officers, in the land forces of the 
 United States J and commiffioning ail officers 
 *« whatfoever in fuch fcrvice j and making rules 
 for the Government, and dire^ing the opera- 
 tions of all the Continental land and naval 
 forcea.—The Continental Congrefs is alfo to 
 appoint a Committee to fit in the recefs of 
 Congrefs, named, «* a Committee of the States,*' 
 ** and to confift of one Delegate fronri eacli State: 
 *« to appoint fuch other Committees, and civil 
 officers, as may be necelTary for managing il^t 
 general affairs of the United States under their 
 diredion : to appoint one of their number to 
 prefide j but none is to be Prefident more than 
 one year in three: to afcertain the fums of 
 money to be raifed for the fcrvice of the United 
 States, and to apply the fame : to borrow 
 money, or emit bills of credit : to build and 
 
 ** equip 
 
 4« 
 
 «C 
 
 c< 
 
 (C 
 
 cc 
 
 l< 
 
 c« 
 
 C( 
 
 <« 
 
 cc 
 
 «c 
 
 (C 
 
 <c 
 
 t€ 
 
 tt 
 
 cc 
 
 iC 
 
 cc 
 
 cc 
 
 cc 
 
 cc 
 
 <c 
 «c 
 4< 
 
 '^ c 
 " b 
 
 cc 
 
 cc 
 
 cc 
 
 St 
 
 cc 
 
 <c 
 
 (C 
 
 cc 
 
 cr 
 <( 
 tt 
 cc 
 cc 
 
 C( 
 
 cc 
 
 iC 
 
 cc 
 
 CC 
 
 cc 
 
in KoktH America^ &c. 4$ 
 
 ^f equip a navy t to agree upon the number of 
 *' land forces, and to make requifitlons from each 
 " State for its quota, in proportion to the num- 
 '* ber of its white inhabitants, which requifition 
 is to be binding ; and the Legiflature Of each 
 State is to appoint the regimental officers, and 
 raifci clothe, atm, and equip the men (at the 
 expence of the United States) who are to 
 march it the time, and to the place appointed 
 by the Continental Congrefs. — But not lefs than 
 Nine of the United States in Congrefs^ can en- 
 gage in a war ; or glfant letters of marque and 
 reprifal in time of peace j or enter into any 
 treaties or alliances j or coin money ; or regu- 
 *' late the value thereof; or afcertain the necef- 
 fary expence for the defence of the United 
 States ; or emit bills, or borrow money on the 
 credit of the tfnited States; or appropriate 
 money j or agree upon the number of veffels 
 of war to be built or purchafed ; or the num- 
 ber of land or fea forces to be raifed j or ap- 
 point a Commander in Chief of the army or 
 navy. And no queftion, except for adjourn- 
 ment from day to day, ftiall be determined, 
 unlefs by the votes of a majority of the United 
 States in Congrefs ; who have a power to ad- 
 " journ to any place within the United States, 
 and for any time within the year, not exceed- 
 ing fix months at a time. And they are to 
 publilh the Journals monthly, except fuch parts 
 relating to treaties, alliances, or military ope- 
 rations, as in their judgment require fecrecy : 
 and the Yeas and Nays on any queftion (hall 
 be entered on the Journal, if defired by a 
 Delegate, who fliall alfo be furnifhed with a 
 tranfcript of the Journal on requeft (except 
 thofe .which require fecrecy, as above men- 
 
 €( 
 
 t< 
 €< 
 <C 
 <( 
 
 <c 
 ee 
 <c 
 
 cc 
 
 
 (C 
 
 cr 
 
 €t 
 
 (< 
 
 (C 
 
 cc 
 
 c< 
 
 cc 
 
 « 
 
 cc 
 
 cc 
 
 cc 
 cc 
 cc 
 cc 
 
 cc 
 
 cc 
 
 <c 
 
 \ 
 
 ,■1 s 
 
 <f 
 
 E 
 
 tioncd) 
 
it 
 
 V>i ', 
 
 i'i : 
 
 I !;■ 
 
 '■6 , " 
 
 ;i 
 
 mi 
 
 
 
 ,1 " ■ ... 
 
 '"''(! ■ 
 
 i 
 
 I- ;' , .1 
 
 50 Conftitutiott of the British Coloniss 
 
 «* tioned) to be laid before the Legiflature of his 
 ** State.— The Committee of the States, or any 
 " Nine of them, are authorifed to execute (in the 
 *' recefs of Congrefs) fuch of the powers of Con- 
 ** grefs, as the United States, in Congrefs af- 
 *' fcmbled, by the confent of Nine States, fhall 
 " from time to time think ^expedient to veft 
 *< them with ; but no power can be delegated to 
 ** the Committee, for the exercife of which, by 
 *' the Articles of Confederation, the voice of Nine 
 *' States, in the Congrefs of the United States, 
 ** is requillte.— No other Colony can be admit- 
 " ted into the Confederation, unlefs fuch admif- 
 " fion be agreed to by Nine States. — All bills of 
 *V credit emitted, monies borrowed, and debts 
 "•* contrafled, by or under the authority of Con- 
 ** grefs, before the affembling of the United 
 ** States, in purfuance of the Confederation, arc 
 ** confidered as a charge againft the United States, 
 " and for payment thereof the United States, and 
 **' the public faith, are pledged. — Every State is 
 «' to abide by the determination of the Continen- 
 ** tal Congrefs, on all quedions which, by the 
 " Confederation, are fubmitted to themj and 
 •' the Articles of the Confederation are to be in- 
 ** violably obfervcd by every State, and the union 
 •^ is to be perpetual ; nor is any alteration to be 
 «* made in the Articles, unlefs in the Continental 
 *' Congrefs, and the fame is afterwards confirmed 
 by the Legiflature of every State. 
 ** Every Article of the Confederation and per- 
 petual UniDn, and all matters therein con-* 
 *' tained, were ratified by the Delegates, in the 
 •• name and behalf of their Conftituents; and the 
 •' Delegates figned the Confederation, and fo- 
 •* lemnly plighted the faith of their refpedive 
 ** Conftituents, that they fliould abide by the de- 
 
 ** termination 
 
 <c 
 
 €€ 
 
 ''fJX 
 
NIBS 
 
 are of his 
 cs, or any 
 
 ite (in the 
 rs of Con- 
 mgrcfs af- 
 :ates, ihall 
 nt to veft 
 ^legated to 
 which, by 
 ice of Nine 
 itcd States, 
 
 be admit- 
 uch admif- 
 All bills of 
 
 and debts 
 ity of Con- 
 che United 
 jration, arc 
 lited States, 
 
 States, and 
 ery State is 
 Continen- 
 
 ch, by the 
 
 ihemj and 
 
 e to be in- 
 the union 
 
 ation to be 
 :ontinental 
 confirmed 
 
 )n and per- 
 lerein con-^ 
 tes, in the 
 
 ts i and the 
 
 ,, and fo- 
 
 refpedbive 
 
 Iby the de- 
 ^rnunation 
 
 €€ 
 
 €C 
 
 in North America, &c. §1 
 
 " termination of the Continental Congrefs, in all 
 queftions fubmitted to them by the Confede- 
 ration ; and that the Articles thereof (hould be 
 inviolably obferved by the States, they refpec- 
 
 «' tivcly reprcfented j and that the Union ihould 
 
 " be perpetual," 
 
 The Unitbd States of America have adopted 
 different Conftitutions or forms of Government; 
 and there are not any two States in which the forms 
 of Government agree in every particular. Thefc 
 Conftitutions have alfo been agreed to at different 
 times J one of them fo early as January 1776, and 
 another of them not till 1780. 
 
 The Conftitution or form of Government in 
 New Hampshire, was eftablifhed in the Provin- 
 cial Congrefs at Exeter, on the 5th of January I77^> 
 fin confequence of a recommendation from the 
 Continental Congrefs) to continue during the con* 
 teft with Great Britain. 
 
 " The Provincial Congrefs aflumed the name, 
 *' power, and authority of a Houfe of Reprefenta- 
 " tives for the Colony of New Hampfhire, and 
 " then proceeded to chufe twelve reputable 
 " I^reeholdtrs and Inhabitants of the Colony out 
 *' of the five Couaties, to be a diOiindfc and fepa- 
 ** rate Branch of the Legiflature, by the name 
 " of the Council for the Colony of New Hamp- 
 ** fhire; which Council was to continue till the 
 third Wednefday in December following, and 
 any feven of them were to be a quorum to do 
 bufinefs. But if the difpute with Great Britain 
 continued longer than that year, and the Con- 
 tinental Congrefs gave no directions to the 
 contrary, the Council wis to be chofen by the 
 people of each refpe(5live County, as the Coun- 
 cil and Houffe of Reprefentatives Ihould order : 
 and precepts in the name of the Council and Af- 
 
 E a I " Icmbly, 
 
 cc 
 
 <c 
 
 (C 
 
 cc 
 
 cc 
 
 (C 
 
 cc 
 <c 
 
 cc 
 
ii! 
 
 '^i i;ii:'''l 
 
 !!■ .1 
 
 .i' , , (.■ 
 
 :i'i;!HI 
 
 ( .';. i. 
 
 i 
 
 i I,, ! 
 
 !'|i! 
 
 mw:M 
 i 
 
 
 5a Conjlitution of the British Colonics 
 
 <c 
 tt 
 
 €t 
 €€ 
 €t 
 €C 
 <C 
 t€ 
 <C 
 
 sc 
 <t 
 
 (C 
 €C 
 €C 
 « 
 
 « 
 
 <C 
 CC 
 
 rc 
 
 €t 
 
 <c 
 
 CC 
 
 CC 
 
 €e 
 
 CC 
 CC 
 CC 
 CC 
 CC 
 CC 
 CC 
 
 CC 
 
 <c 
 
 fembly, figned by the Prefident of the Council, 
 and Speaker of the Houfe of Reprefentatives, 
 are to iflue annually, at or before the ift of 
 November, for the choice of a Council and 
 Houfe of Reprefentatives, to be returned the 
 third Wednefday in December, in fuch manner 
 as the Council and Affembly (hall prcfcribe. 
 And (by a refolution of the Council and Af- 
 fembly of the 19th of September 1776) as any 
 new towns and fettlements in the State Ihall 
 increafe in inhabitants, precepts are to iffue for 
 fending Delegates to the Council and Aflembly, 
 proportionally with other parts of the State.— 
 The Council appoint their Prefident 5 and in 
 his abfence the fenior Councillor prefides. — 
 The Secretary is appointed by both branches, 
 and may be a Councillor or otherwife as they 
 chufe. — No ad or refolve is to be valid, and 
 put in execution, unlefs agreed to and pafTed 
 by both branches of the Legiflature. — All 
 public Officers for the Colony, and each 
 County (except the Clerks of the executive 
 Courts, who are to be appointed by the re- 
 fpedlive Courts), are appointed, and their con- 
 tinuance in office determined by the two 
 Houfes, except Clerks and County Treafurers, 
 and Recorders of Deeds. — And a Trcafurer 
 and Recorder of Deeds for each County, are 
 annually chofen by the people of each County 
 refpedively J and the votes for fuch Officers 
 are to be returned to the refpeftive Courts of 
 General Seffions of the Peace in the County, 
 there to be afcertained as the Council and Af- 
 fembly direft. 
 
 " All bills, refolvesy or votes for raifing, levy- 
 ing and coUeding of money,, are to originate 
 in the Houfe of Reprefentatives. — At any Scf'- 
 
 " fions 
 
in North America^ &c. 
 
 S3 
 
 « fions of the Council and Aflembly, neither 
 "f Branch fhall adjourn for any longer time than 
 *^ from Saturday till the next Monday, without 
 " confent of the other." 
 
 Massachusett's Bay. 
 
 The Conftitution or frame of Government of 
 the State of Maflachufett's Bay> was agreed upon 
 by the Delegates of the people of that State in 
 Convention, at Cambridge, begun the ift of Sep- 
 tember 1779, and continued by adjournment to 
 the 2d of March 1780. 
 
 In the fummary of this and fome other Confti- 
 tutions that follow, I have, for the fake of perfpi- 
 cuity, arranged the feveral particulars more rk^e- 
 thodically than they are in the Conftitution at 
 large. 
 
 " The Convention forms the territory former- 
 " ly called the Province of Ma'flachufett's Bay^ 
 " into a free, fovereign, and independent Body 
 " Politic, or State, by the name of the Com- 
 " monwealth of MaflTachufett's. 
 
 " No fubjeft is to be molefted for worfliipping 
 '.' God in the manner and feafon moft agreeable 
 *' to his confcience, or for his religious fenti- 
 " ments, if he doth not difturb the public peace, 
 " or obftrudt others in their religious worlhip : 
 " and the Legillature is to require the feveral 
 
 towns, &c'. to make fuitable provifion, at their 
 
 own expence, for the public worfhip of Gad, 
 
 and the fupport of public Proteftant teachers, 
 " where fuch provifion is not made voluntarily ; 
 " and to enjoin all fubjedts to attend public 
 *' teachers at ftated feafons, if there be any 011 
 " whom they conicientioufly can attend ; but the 
 '* towns, &c. have the exclufive right of electing 
 
 E 3 " public 
 
 ct 
 
 <c 
 
 <c 
 
 & 
 
 n 
 
ill. : 
 
 i;: li 
 
 "f'wM 
 
 iil'lijf 
 
 54 Conftimion of tic Pi^itIsh Colonies 
 
 '' public teachers, and coptrafting with them 
 '^ for their fupporc : apd ^11 monies paid by the 
 '* fubjeA, to the fupport of public worfhip ^nd 
 ** public teachers, are, if he requires it, to be 
 " uniformly applied to t'le fupport of thofe of 
 '^ his own fe£l j but if he attends npne, then the 
 ** the monies are to be paid towards the fupport 
 *' of the teacher of the parifh or precindl where 
 ** raifed j and every denomination of Chriftians 
 *' demeaning themfelves peaceably, and as good 
 *' fubjcds, are to be equally under the pro.tedion 
 ** of the law j and no fubordinatioi;i of any one 
 *' Sed to another, is ever to be eftabliihed by 
 « law. 
 
 ** The Governor of the Commonwealth of 
 *' MalTachufett's, is the fupreme executive Ma- 
 «* giftrate, and ftyled, " His Excellency." — He 
 " is chofen annually by the Freeholders and 
 *' other Inhabitants J muft have refided in the 
 ** State feven years j have a freehold there worth 
 ** Z.. looo, and declare himfelf to be of the 
 *' Chriftian religion : He can affemble the Coun- 
 ** cillors at difcretion ; and he, and not lefs than 
 ** Five Members, can make a Council for order- 
 *' ing the affairs of the Commonwealth, accord- 
 *' ing to law.— He is Governor of the Common- 
 *« wealth. Commander in Chief by fea and land^ 
 ^' and hath all powers incident to the offices of 
 '* Captain General and Admiral, agreeable to 
 «' the rules ofthe Conftitution.— He can, with 
 <^ the advice of Council, pardoi) all criminals, 
 " after convidion, except thofe impeached by 
 *« the Houfe ; and, with the advice and confent 
 ** of Council, he appoints aU judicial Officers, 
 *' Attorney and Solicitor General, Sheriffs, Coro- 
 ** ners, and Regifters of Probate^ and is to have an 
 *^ honourable ftated falary eftablifhed by (landing 
 
 • '* law. 
 
in North America, &ۥ 
 
 is 
 
 t€ 
 €C 
 
 a 
 
 €€ 
 
 tc 
 
 €f 
 tt 
 CC 
 €C 
 €€ 
 <C 
 « 
 (( 
 <C 
 CC 
 t< 
 
 €C 
 
 <r 
 
 CC 
 CC 
 CC 
 CC 
 CC 
 CC 
 CC 
 CC 
 CC 
 CC 
 CC 
 
 CC 
 CC 
 CC 
 CC 
 CC 
 
 law.— All commiflions arc in the name of the 
 Commonwealth, under the Great Seal, figned 
 by the Governor, and attefted by the Se- 
 cretary. 
 
 *' The Lieutenant Governor is annually eledled 
 in the fame manner as the Governor : he is 
 ftyled, " his Honour j" and muft be qualified 
 as to religion, property, and refidence, as the 
 Governor is ; and in the Governor's abfence 
 he is Prefidcnt of the Council, but has no 
 vote 5 and is always a Member of the Coun- 
 cil, except when tiie Governor's chair is va- 
 cant. If the Governor is dead, or abfcnt from 
 the Commonwealth, the Lieutenant Governor 
 (during fuch vacancy) exercifes all fuch powers 
 as the Conftitution vefts in the Governor when 
 prcfent. 
 
 " Nine Councillors are annually chofen from 
 among the perfons returned for Councillors 
 and Senators, by joint ballot of the Senators 
 and Reprefentatives aflembled in one room i 
 and thofe who accept the office of Councillors, 
 vacate their feats in the Senate, — The Council- 
 lors rank next after the Lieutenant Governor j 
 the Governor aflembles them at his difcretion, 
 and Five at leaft, with the Governor, make a 
 Board. Whenever the Governor and Lieute- 
 nant Governor are dead, or abfent, the Council, 
 or a majority during fuch vacancy, exercife 
 thofe powers which the Conftitution vefts in the 
 Governor when prefent. 
 
 " The Senate is the firft branch of the Le- 
 giflature, and annually elefted by the Free- 
 holders and Inhabitants ; and each Senator 
 muft have a freehold worth L, 300, or a per- 
 fonal eftate worth L. 600 : they are Judges of 
 the elcftions, returns, and qualifications of their 
 
 E 4 " Members;^ 
 
I 
 
 11 
 
 ■I ' ': 
 
 I I 
 
 t I ! 
 
 '"ill- 
 
 'v,r 
 
 
 ^6 Conjlitution of the British Colonies 
 
 " Members, determine their own rules of pror 
 ^* ceeding, chufe their own Prefident and Ofr 
 ** fleers } but can adjpurn themfelves no longer 
 " than two days at a time. — They are a Court to 
 " determine all impeachment? made by the Houfe 
 ♦* of Reprefentatives againft any Officer for maU 
 ^* adminiftration ; however, their judgment ex- 
 f' tends no fqrther than removal from, and dif- 
 " qualification to hold any place of truft, honour, 
 <^ or profit J but the Delinquent is liable to in- 
 f* didlment at law.— Not leis than Sixteen of thq 
 " Senate can make a quorum to do bufinefs. 
 
 *' The Houfe of Reprefentatives is chofen by 
 ^* the Freeholders and Inhabitants, and each 
 " Member muft have refided one year in the 
 <* town he reprefents, and own there a freehold 
 *' worth L, loo, or any rateable eftate of the 
 •^ value of L. 200 j and on his ceafing to be qua- 
 *^ lifted he lofes his feat. 
 
 *' The Reprefentatives are annually chofen in 
 " May J they are the grand Inqueft of the Com- 
 U monwealth, and all their impeachments are 
 *f tried by the Senate. All money-bills originate 
 " with the Reprefentatives ; but the Senate may 
 *f propofe or concur in amendments of them, as 
 f^ of other bills : they can adjourn themfelves no 
 *< longer than two days at a time ; and fixty Mem- 
 " bers make a Houfe. They are Judges of their 
 *f own returns, eledlions and qualifications, chufe 
 •^ their own Speaker, appoint their own Officers, 
 f and fettle the rule of proceeding in their 
 own Houfe, They can imprifon every perfon 
 (not a Member) for difrefped to the Houfe j 
 contemptuous behaviour in its prefence 5 or 
 ^5 threatening the body or eftate of any Member 
 f* in the town where the General Court fitsj or 
 \^ alTaulting a Member -, or affaulting or arrefi- 
 
 cc 
 
 cc 
 
 <c 
 
in NoKTH Amirica, &c. 
 
 n 
 
 
 ff« 
 
 cc 
 
 •* ing a pcrfon ordered to attend the Houfc j or 
 " refcuing one arretted by its order. The Go- 
 •< vernor and Council, and the Senate, have 
 *' the fame power of punifhing contempts j 
 " but neither of the three Bodies can imprifon 
 " for more than thirty days. And both Houfes 
 " may determine cafes of right and privilege, by 
 " their own Committees or otherwifc, as each 
 " Houfe thinks bed, 
 
 " The Legiflature i: formed by the Senate and 
 " Houfe of Reprefentatives, and each has a ne- 
 " gative on the other. They are ftyled, *' The 
 *« Qenpral Court of Maflachufett's " and all laws 
 *' run, ?' Be it enafted by the Senate and Houfe. 
 of Reprefentatives, in General Court aflembled, 
 and by the authority of the fame." Both Houfes. 
 meet on the laft Wednefday in every May : the 
 Governor, with the advice of Council, may, 
 during the Seffion of the, General Court, ad- 
 *' journ or prorogue them to any time they defire: 
 " in their recefs, he may prorogue them for not 
 *' more than ninety days in any one recels, and . 
 " may call them together before the end of the 
 *' adjournment or prorogation, if the welfare of 
 " the Commonwealth requires it; and he muft 
 " diflblve them on the day preceding the lafl; 
 Wednefday in every May. If both Houfes 
 difagtce about the time of adjournment or pro- 
 rogation, the Governor can, \yich the advice 
 of Council, adjourn or prorogue them, not ex- 
 ceeding ninety days, as the public good may 
 require: and in cafe of an infectious diltemper, 
 or other danger to the health or lives of the 
 *' Members of the Qeneral Court, he may dired 
 " the Seffion to be held in fome other place than 
 ?* that where they were to meet. — No biil or re- 
 f^ folve of the $enate or Houfc of Reprefentatives 
 
 \' ihali 
 
 <c 
 
 cc 
 
 cc 
 
 t< 
 
 «c 
 cc 
 
 cc 
 
 
\- ;> 
 
 {! 'I 
 
 \^^^i 
 
 /! • 
 
 1;:. ;i' 
 
 :'^:i 
 
 
 ii -^ i 
 
 .:l'!li: 
 
 in) 
 
 m 
 
 
 ! i 
 
 ."'iii'iiiij 
 
 I 
 
 ■^!i 
 
 ,11 
 
 ii ■' n 
 
 58 Conftituthn of the Br^tiSR C0IONIS9 
 
 ' ihall become a law, until the Governor revifes 
 
 * it, and in cafe of his approbation, he is to /ign 
 
 * it { but he may within tive days, after any bill 
 
 * or refolvc is prefented to him, return it With 
 ' his objections thereto in writing, to the Houfe 
 ' in which it originated. And if, after recon- 
 ' fideration, two-thirds of the Members prcfent 
 
 * in each Houfe, approve of the bill or refolve, 
 
 * it (hall have the force of a law ; but in all fuch 
 
 * cafes, the votes of both Houfes Ihall be deter- 
 ' mined by Teas and Nays, and the names of the 
 
 * perfons voting for, or againft the bill or re- 
 
 * folve, ihall be entered upon the public records 
 
 * of the Commonwealth. The General Court 
 ' can conftitute Courts of Record or others, to 
 
 * be held in the name of the Commonwealth, 
 with power to try all criminal and civil mat- 
 ters ; and all Writs are to iffue in the name of 
 The Commonwealth of Maflachufett's," under 
 the Seal of the Court, and the tejie of the firll 
 Juftice thereof, who is not a party ; and are to 
 be iifued out, and (igned by the Clerk of fuch 
 Court. The General Court names all Officers 
 whofe appointment is not otherwife provided 
 for ; and monies raifed by them, are iflued by 
 Warrant of the Governor, with the advice and 
 confent of Council, for the public fervice, as 
 the Afts direft. All judicial Officers (whofe 
 appointment is not otherwife provided for) are 
 nominated by the Governdr, with the advice 
 and confent of the Council, during good be- 
 haviour, but maybe removed by the fame au- 
 thority, upon addrefs of both Houfes of Le- 
 giflature. The Judges of the Supreme Judicial 
 Court, have honourable falaries, ellablifhed by 
 {landing law ; and each branch of the Legifla- 
 ture, as well as the Governor and Council, can 
 
 2 ^'require 
 
 il. 
 
in No&TH America, &c. 
 
 59 
 
 require their opinions upon important queflions 
 of law, and folfmn occafiona. All caufcs of 
 marriage, divorce, and alimony, and all ap* 
 [« peals from the Judges of Probatc> are to be 
 |« determined by the Governor and Council, un- 
 til the legiflature fhall make other provifion. 
 « But the legiflative department, is never to ex- 
 « ercife the executive and judicial powers; the 
 « executive is never to cxercife the legiflative and 
 'judicial powers; and the judicial is never to 
 
 * execute the legiflative and executive powers, 
 
 * and all Officers muft take the Oath of Allc- 
 
 * giance, and Oath of Office fet forth in the 
 « Conftitution. All laws formerly adopted, and 
 « ufually pradifed in the Courts of Law (except 
 
 * fuch as are repugnant to the Conftitution) arc 
 
 * to remain, until altered by the Legiflature j but 
 « the Trial by Jury is to remain facrcd in all 
 ' Cafes, unlefs in fuch laws as the Legiflature 
 ' may make for the government of the army and 
 ' navy, concerning matters ariflng on the high 
 ' feas, and caufes relating to mariners wa^es. 
 
 ** The Maflachufett's form of Government, is 
 |*« ordered to be enrolled on parchment, depofited 
 " in the Secretary's Office, and is a part of their 
 " laws 5 and printed copies of the form of Go- 
 ** vernment, are to be prefixed to all future edi- 
 *« tions of their Book of Laws. 
 
 " In order to adhere to the principles of the 
 " Conftitution, to correft the violations of ir, 
 f* and to form fuch alterations, as from expe- 
 " rience ftiall be found neceflary, the General 
 
 Court, in 1795, is to iflue precepts forconveen- 
 " ing the qualified voters, to colled their fen- 
 " timents on the neceffity or expediency of re- 
 " vifing the Conftitution, in order to amende 
 *' mcnts i and if two thirds of the qualified voters 
 ' "of 
 
 <c 
 
.! 
 
 ■I it 
 
 60 Conflitutiotf of ibi l&KXTi%H Colonies 
 
 " of the State, who aflcmble, vote for a revi- 
 '* fion and amendment, then the Towns are to 
 *' elcdl Delegates to meet in Convention for that 
 ** purpofe i and the Delegates are to be chofcn 
 ** in the fame manner and proportion, as the 
 " Houfe of Reprefentatives is by the Conftitu- 
 " tion." 
 
 The State of Rhode-Island and Providence 
 
 Plantations. 
 
 King Charles the Second, in the 15th year of 
 this reign (which was 1663) granted a Charter of 
 Incorporation to the inhabitants ofthofe Planta- 
 tions, by the name of " The Governor and Com- 
 " pany of the Engli(h Colony of Rhode Ifland, 
 ** and Providence Plantations in New England 
 " in America ;" to be holden of him, his heirs, 
 and fucceflbrs, as of his manor of Eafl: Green- 
 wich in Kent, in free and common foccage. In 
 that Charter, the King grants the Governor 
 and Company the legiflative, executive, and 
 judiciaU powers, referving to himfelf, as an ac- 
 knowledgment of his fovereignty, a render of 
 the fifth part of the gold and filver ore that 
 fhould be found within the territory. In pur- 
 fuance of the Charter, one Governor, one De- 
 puty Governor, ten afllftants were annually 
 elected, and fix freemen for Newport i four for 
 each of the towns of Providence, Portfmouth, 
 and Warwick j and two for each other place, 
 town, or city, were eleded every fix months 
 by the Freemen, and were called the General 
 Alfembly, which had full power and authority 
 given them by the Charter, to make fuch laws, 
 flatutes, &c. as were not contrary or repugnant 
 unto, but as near as might be agreeable to the 
 
 laws 
 
 %. 
 
in North America, Sec, 
 
 6i 
 
 laws of the realm of England, confidcring the 
 nature and confticution of the place and people 
 there, to eftablilh courts, and conftitute officers; 
 rcfcrving an appeal to the King in England in all 
 matters of public controverfies. Under the title, 
 " Rhode Ifland,** in the collcdion of the Condi-* 
 tutions of the States of America, is inferted the 
 Charter of King Charles the Second ', and ic is 
 faid, ** That fince the commencement of hoflilities 
 " by Great Britain, the State of Rhode-Ifland 
 " and Providence Plantations has not alVumcd a 
 " form of Government different from that con- 
 *' tained in the Charter. For in that, the King 
 *< ceded to the Governor and Company all 
 " powers, legiQative, executive, and judicial, re- 
 •* ferving to himfelf, as an acknowledgment of 
 " his fovercignty, a render of the fifth part of the 
 ** gold and filver ore that fhould be found within 
 •« the territory. The Governor, Chief Magi- 
 " Urates, and Legiflators, arc chofen by the 
 ** Freemen as ufual; and all judicial and exe- 
 " cutive officers are annually ele(fled by the Go- 
 " vernor and Company, or Upper and Lower 
 *« Houfe of AfTembly. All procefs, original and 
 ••judicial, formerly ifTued in the Kings name, 
 *' but now ifTues in the name of the Governor and 
 " Company, The oaths of allegiance and office, 
 ** are made conformable to the principles of the 
 " Revolution. The Governor, in his legiflative 
 " capacity, cannot give a negative to any Ad of 
 " the two Houfcs; but, in common with the other 
 '* Magiftrates, has one voice only. 
 
 " The State is divided into five Counties, in 
 " each of which there is a Court of Common 
 " Pleas, and General Seflions of the Peace, held 
 ** twice every year, for the trial of all caufes not 
 <' capital, that arife within their limits i from 
 
 *^ which 
 
 h: 
 
 
 i (1 
 
 ■■;t 
 
 i^ 
 
 ''1] 
 
 >Mm 
 
 
 i^i ''\\^ 
 
 !'4 
 
 ?|:^: 
 
i I 
 
 I'li, 
 
 1 '! 
 
 til||iii m 
 
 
 'i;i .' . 
 
 n 
 
 11 
 
 ;< !!. 'i 
 
 
 .i 'l li''' 1 
 
 
 H -lii'' ' 
 
 
 1 , '> 
 
 a.im 
 
 61 ConftiiUtion of the ^RiTisH CoLONiEi 
 
 <* which an appeal lies to the fupcrior Court at 
 « Judicature, Court of Aflizc, and General Goal 
 « Delivery, whofe jurifdidtion extends over the 
 •< whole State, ^.nd who alfo fit twice a year in 
 « each County. The Conftitution admits not of 
 •' religious eftablilhments, any farther than de- 
 <' pends upon the voluntary choice of individuals. 
 ** All men profcfling one Supreme Being, are 
 «< equally procetf^ed by the laws j and no parti- 
 ** cular Scd can claim pre-eminence,** 
 
 ne State of Connecticut. 
 
 King Charles the Second, in the 14th year of 
 his reign (which was 1662% granted a Charter of 
 Incorporation to the inhabitants of Connedicut, 
 of the fame tenor with that of Rhode-Ifland. An 
 account of the Conftitution of Connedticut is in- 
 ferted amongft the other Conftitutions of the 
 American States, and feems to be the fame, in 
 moft refpedts, with that which is contained in 
 their Charter, except that the name of the Governor 
 and Company is fubftituted in the room of that 
 of the King. The Connefticut Charter is not 
 prefixed to the account of its Conftitution, but 
 the Charter may be feen in the fecond volume of 
 Almon's Parliamentary Regifter. 
 
 The account of the Conftitution of Connec- 
 ticut, fays, " That it is divided into fix Counties, 
 <« and each County is divided into a number of 
 ** Towns. Each Town has a right to fend two Re- 
 «' prefentatives to the General Court or Aflembly. 
 «f The General Court confifts of two branches, 
 *« called the Upper and Lower Houfe. The 
 " Upper Houfe is compofed of the Governor, 
 «« Deputy Governor, and twelve AfTiftants or 
 " Counfellors ; and the Lower Houfe, of the Re- 
 " prefentatives of the feveral Towns. This Court 
 
 " has 
 
 .1 .:! 
 
 I- 
 
in North Ambricaj &c* 
 
 ^3 
 
 ft 
 
 €S 
 €€ 
 (€ 
 «C 
 i( 
 €( 
 *< 
 it 
 <C 
 (C 
 €< 
 €t 
 C( 
 (C 
 €t 
 €i 
 f€ 
 C( 
 4( 
 <t 
 €€ 
 €1 
 
 «C 
 €( 
 «C 
 
 (C 
 IC 
 
 <c 
 cc 
 
 (C 
 
 <( 
 (( 
 u 
 
 has the folc power to make and repeal laws, 
 grant levies, difpofe of lands belonging to the 
 Statc> to particular towns and perfons; to 
 ered and ftyle judicatories and officers, as they 
 fhall fee neceflary, for the good government of 
 the People ; and alfo to call to account any 
 Court, Magiftrate, or other Officer, for any 
 mifdemeanor or mal-adminiflration ; and for 
 juftcaufe, may fine, difplace, or remove them, 
 or deal otherwife, as the nature of the cafe 
 Ihall require ; and they a£l in any other manner 
 that concerns the good of the State, except 
 the eleftion of Governor, Deputy Governor, 
 Affiftants, Treafurer, and Secretary, which is 
 done by the Freemen at the yearly Court of 
 Eleftion, unlefs there be any vacancy, by rea- 
 fon of death or otherwife, after the Eledion, 
 which may be filled up by the General Court* 
 That Court has power alfo, for reafons fatis- 
 faftory to them, to grant fufpeniion, releafe, 
 and goal delivery, upon reprieve, in capital 
 and criminal cafes. The General Court has 
 two ftated SefTions annually on the fecond 
 Thurfdays of May and October. 
 ** The Governor, or, in his abfence, the De- 
 puty Governor, may call the Aflcmbly, on fpe- 
 cial emergencies, to meet at any other time. 
 The Governor, Deputy Governor, Afliflants, 
 and Secretary, are annually eledled on the fe- 
 cond Thurfday in May. The Reprefentatives 
 are newly chofen for each dated Seffion. The 
 Judges and Juftices are annually appointed by 
 the General Court ; the fame perfons are com- 
 monly re-appointed from time to time, during 
 their capacity to ferve, unlefs guilty of miibe- 
 haviour. The Sheriffs are appointed by the 
 Governor and Council without limitation of 
 
 " timci 
 
 5 ; ;!! 
 
 m 
 
 T\ 
 
 
II ': >l 
 
 4 . f. 1 
 
 i; J), 
 i' 
 
 
 1 > 
 
 • 1 
 
 ! 
 
 'i 
 
 .1 
 
 ] 
 
 ;i 
 
 i 
 
 i 
 
 ^4 Coftftifutiort of the British CoLoutt^ 
 
 ** time J but may be fuperfeded by the authority 
 *' that appointed them. The Governor for the 
 ** time being, is Captain General of the Militia ; 
 '* the Deputy Governor is Lieutenant General, 
 •' the other General and Field Officers are ap- 
 *' pointed by the General Court, and commif- 
 *'■ fioned by the Governor. The Captains and 
 " Subalterns are chofen by the votes of the Com- 
 *' pany and Houfeholders within the limits of 
 ** the Company j the perfons fo chofen muft be 
 *' approved of by the General Court, and com- 
 ** miffioned by the Governor before they can exe- 
 ** cute their offices. All the military Officers 
 ** hold their offices during the pleafure of the 
 " Alfcmbly, nor can they refign their commif- 
 " lions without leave of the Captain General, 
 ** under penalty of doing duty in the ranks as 
 " private foldiers. The mode of electing the 
 <* Governor, Deputy Governor, Affiftants, Trea- 
 *' furer, and Secretary is, that the Freemen in the 
 *' feveral Towns meet on the Monday next after 
 *^ the firfi: Tuefday in April annually (being the 
 ** day appointed by law for that purpofe, and for 
 " chufing reprefenratives), and give in their votes 
 *^ for the perfons they chufe for fuch offices re- 
 " fpedively, with their names written on a piece 
 *' of paper, which votes are received, and fealed 
 *' up by a Conftable in the Freemens Meeting. 
 '' The votes for each of the faid officers are put 
 " in a different paper j and on the outfide of the 
 *' paper is written the name of the town, and of 
 ** the office for which the names are given in : 
 " thefe papers are fent by the Reprefentatives to 
 " the General Court, to be held on the fecond 
 *« Tuefday in May next enfuing the Eledlion, at 
 •< which time, after the Houfe of Reprefentatives 
 " have chofen a Speaker and Clerk, a Committee 
 
 ««of 
 
in NoRTti America, dec. 
 
 .«5 
 
 <c 
 (( 
 
 (C 
 iC 
 
 l<( 
 
 !<( 
 
 it< 
 
 cc 
 (( 
 (( 
 j<( 
 |(( 
 let 
 ttc 
 }xc 
 
 |(C 
 ICC 
 
 \i< 
 lit 
 l(( 
 
 f( 
 l<( 
 
 tc 
 u 
 u 
 u 
 u 
 [( 
 tc 
 t( 
 M 
 If 
 
 of Members of both Houfcs is chofen to fort 
 and count the votes, and to declare the name^ 
 of the perfons chofen to the faid offices. Any 
 Freennan qualified to vote for RcprefentativeSi 
 &c. may be elefted to any office in the Go- 
 vernment. In choofing Affiftants, twenty per- 
 fons are nominated by the Votes of the Free- 
 men, given in at their Meeting for choofinj^ 
 Reprefentatives in September annually : thcle 
 Votes are fealed up, and fent to the General 
 Court in the Odlobcr following, when the Voces 
 are counted by a Committee of both Houfes, 
 and the twenty perfons, who have the ^reateft 
 number of Votes, ftand in nomination, out of 
 which number Twelve are chofen as Affiftants 
 by the Freemen, in the April following, in the 
 manner above defcribed. The qualifications 
 requifite to entitle a perfon to vote at the elec- 
 tion of the Officers of Government, are, ma- 
 turity in years, quiet and peaceable behaviour, 
 a civil converfation, and forty (hillings free- 
 hold, or forty pounds perfonal eftatei if the 
 feleft men of the town certify a perfon quali- 
 fied in thofe refpe6ts, he is admitted a Free- 
 man, on his taking an oath of fidelity to the 
 State. 
 
 " The names of all that arc thus adflnittcd, are 
 inroUed in the Town Clerk's Officer, and con- 
 tinue Freemen during life, unlefs disfranchifed 
 by a Sentence of the fuperior Courts on convic* 
 tion of a mifdemeanor. The Governor, or, in 
 his abfence, the Deputy Governor in the Up- 
 per Houfe, and the Speaker of the Lower 
 Houl'e of Affembly, have a cafting voice, when 
 the Members of the refpedive Houfes, includ- 
 ing the Governor and Speaker, are equally di- 
 vided in opinion on any queftion* 
 
 F " There 
 
 
 i i 
 
 i 1 
 
 'ii 
 
 M ' 
 
 
 J. 
 
 Jri* 
 
 M 
 
 i't] 
 
, I r- 
 
 •;r 
 
 "V^ 
 
 ■:■:'<" 'I 
 
 'CO ConfiitUtion cf tU Brit^m* Colonies 
 
 . ** Thtre is in this State a fuperior Ccurt, con- 
 " (ifting of one Chief Judge, and four other 
 *' Judges, who have authority in all criminal 
 •* cafcsy extending to life, limb, and baniftimentj 
 •• »nd they alfo determine all civil adions, 
 i* brought by appeal from the County Couns, or 
 «< on Writs of Error. This Court has alfo au- 
 ** thoriey in all matters of divorce. There are 
 « two dated Seflionsof the fuperior Court in each 
 •• County annually. 
 
 ** There are alfo County Courts held in the 
 *' feveral Counties, confiding of one Judge, and 
 ** four Juftices of the Quorum, who have jurif- 
 ** didlion in all criminal cafes, arifing wiihtn their 
 ♦' rcfpedive Counties, where the punilhment does 
 •« not extend to life, limb, or banifhmcnt. The 
 «* County Courts have alfo original jurifdiftion in 
 *' all civil adlions,, wherein the demand cxceeda 
 ** forty (hillings. The fuperior and County 
 *' Courts try matters of fadt by a Jury, accord- 
 *' ing to the courfe of the common law. 
 
 " Juftices of the Peace have authority to de- 
 ** termine civil adions, where the demand does 
 *' not exceed forty fhillingsv They alfo have au- 
 «5 thority in fome cafes of a criminal nature,, pu- 
 *« nilhable by fine not exceeding forty fhillings ; 
 •* or whipping,, not exceeding tfen ftripesi or 
 *^ fetting in the ftocks. 
 
 «* This State is alfo divided into a nurrber of 
 *5 probate diftri6ls, lefs than Counties ;? in euch 
 ** of which is appointed a Judge for the probate 
 *? of wills, granting adminiftration on inteftates 
 " eftates, appointing guardians for minors, or* 
 *' dering diftribution of inteftatcs eftates, &c. 
 ** An appeal lies from any decree of this Court 
 *' to the fuperior Court. The fuperior County 
 
 . . *.*. and 
 
in HoHTik America, tit; 
 
 «7 
 
 »f and probate Courts appoint their refpcdive 
 *f Clerks. 
 
 " The General Court haSj till very lately, been 
 *' the only Court of Chancery in this St^te. Buc 
 " by a late lawj the County Courts determine 
 *' matters of equity, from five pounds to two 
 '* hundred pounds value ; the fupenor Coufc 
 " from two hundred to eight hundred pounds 
 " value, and the General Afiembly determines all 
 "cafes, exceeding the lafl: mentioned fiim. 
 
 " All Attorn ies at Lawj are admitted and 
 ** fworn by the County Courts ; there is no At- 
 " torney General, but there ufed to be one King's 
 " Attorney in each County, who is now ftylcd 
 " Attorney to the Governor and Company.** 
 
 As the account of the Conftitution of Con- 
 necticut is fhort, I have inferted it at lengthy 
 with the alteration of fome inaccuracies ; but the 
 language is dill incorredt in feveral places. 
 There is no date to the account of the Conftitu- 
 tions of Connedicut and Rhode Idand. 
 
 Nkw iToRit. 
 
 The Conftitution of the State of New York 
 was eftablifhcd by the Convention (ajjchorifcd 
 and empowered for that ptirpofc), April 20, 
 
 1777 
 A' i iat Conftitution differs, in many refpeftSj 
 
 from the Conftitution of every other Americaa 
 
 State, I fhall give it more at length than fonnc 
 
 of the Conftitutions that follow : and, for the 
 
 fake of perfpicuity, I have arranged it differentiy 
 
 to what it ftands in the Conftitution at large. 
 
 " The fupreme executive power of the State, 
 
 " is vcted in a Governor, chofen once in three 
 
 " years, and as often as the Governmcnt;becomcs 
 
 F 2 " vacant. 
 
 n 
 
 if 
 
 
 ■ ■'■ 'i 
 
 
 . t ,1 
 
 ' li tfl 
 
 , f, 1 
 
 ^ S 
 
 ' : ^ 
 
 ' : )|| 
 
 . 
 
 
 J- 
 
 .'f;x| 
 
 i 
 
 11 
 
 \ 
 
 ;u^:vl 
 
 
 .;>■ 
 
 1 
 
 ■ 
 
 1 
 ii 
 
 1 t 
 ' 1 
 
 ■ 
 
 ! 
 
 1 
 
 1 1 
 
 
 1 
 
 X > •> 
 
 
 1 ' 
 
 
 1 
 
 1 
 
 1 i; 
 
 1 ' 
 
 t 1 
 
 f" 
 
 f 1 
 
 , M 
 
 
 * 1 * 
 
 
 1 
 
 
 1 S*. 
 
 
 1 ' * 
 
 
 
 i4 ■ 
 
 1 
 
 
 1 ; 
 
 
 
 
 1 , 
 , 1 
 
 i, M 
 
 • 1' '' 
 
 ? r 
 
 
 
 
 i '"' 
 
 I 
 
 W ' 
 
 
 ii>' ' 
 
 Lk»S 
 
 ■ 
 
 
 H 
 
 
 i 
 
 ^ 
 
 1 li^ 
 
 
 H|. 
 
 
 Ki 
 
 '••'iffiiiiil 
 
r'l 
 
 \ii 1 
 
 • \\ 
 
 16 Mill! '•: 
 
 68 Confiitution »f the British Colonies 
 
 *' vacant. He muft be a Freeholder of the State, 
 ** and elected by thofe poffefTed of freeholds in 
 ** the four great diftrids, worth one hundred 
 *' pounds nrtore than the debts charged on them. 
 '* The Governor, by virtue of his Office, is Ge- 
 *' neral and Commander in Chief of the Militia, 
 .-^ and Admiral of the Navy. He may convene 
 " the Liegiflature on extraordinary occafions, and 
 ;** prorogue them from time to time, not exceed- 
 ** ing fixty days in one year. He may, at his 
 ** difcretion, reprieve and pardon all crimes, ex- 
 _" cept treafon or murder j and there he may 
 *' fufpend the execution until the Legiflature 
 *• meets, who (hall either pardon the criminal, 
 *' grant him a farther reprieve, or direct his exe- 
 /' cution. He is to inform the Legiflature, at 
 " every SefTions, of the condition of the State, fo 
 ** far as refpedls his department — he is to recom- 
 ** ifiend fuch matters to them as concern its 
 ** welfare — to correfpond with the Continental 
 " Congrefs, and other States — to tranfa(5l all bu- 
 *' fincfs with the Officers of Government, civil, 
 *' and military — to take care that the laws are 
 ** faithfully executed — and to expedite fuch 
 *' meafures as may be refolvcd on by the Legif- 
 "laturc. 
 
 " The Lieutenant Governor is chofen in the 
 
 ** fame manner, and for the fame term as the Go- 
 
 ,** vernor. He is Prcfident of the Senate, but 
 
 *' has only. a calling voice when they are equally 
 
 *< divided. In cafe of the Governor's being im- 
 
 ;*Vpeached, removed, dead, abfent, or having 
 
 f* refigncd, he executes the office, until another 
 
 «» Governor is chofen, or the abfent or impeached 
 
 ^* one, is returned or acquitted. But if iaa war, 
 
 '* the Governor is out of the State> at the head 
 
 ^* of the militia, and by the confcnt of the Le- 
 
 *« giilaturc, 
 
imes, ex- 
 
 in North Ami^rica, See, 
 
 69' 
 
 « giflature, he ftill continues in the command o£ 
 " the forces by fea and land. 
 
 " When the Lieutenant Governor adminifters 
 " Government, or is unable to prefide at the Se- ' 
 *' nate, they (hall eled one of their own Meni- 
 « bers to be their Prefident pro hac vice ; and in ^ 
 "cafe of the death or other difability (above-' 
 " mentioned) of the Governor and Lieutenant ' 
 "Governor, the Prefident of the Senate admi- 
 " niftcrs Government until the next ele6lion by 
 " the people, unlefs the temporary difabilities of 
 " the Governor and Lieutenant Governor are in 
 " the mean time removed. 
 
 " The fupreme legiflative power is vefted in 
 " two diftind bodies, called " The Affembly of 
 " the State of New York," and " The Senate 
 " of the State of New York>*' who together form 
 " the Legiflature, and are to meet once at lead 
 " in every year, for the difpatch of bufinefs. 
 
 " The AfiTembly fhall confift of at leaft fe- 
 " venty Members, and never eqsceed three hun- 
 " hundred j and to prevent an increafe beyond 
 " the iaft number, the Legiflature from time to 
 " time is by law to apportion the Reprefentatives 
 •' amongft the Counties, in proportion to the 
 " number of Eleftors, fo that the Reprefentation 
 " of the People may remain proportionate. The 
 " Aflcmbly is annually chofen in the feveral Coun- 
 " ties in the proportion mentioned in the Conlli-f 
 " tution, by the male inhabitants of full a^e, 
 *' refiding within one of the Counties for fix 
 " months next before the Eledion : and each 
 " Eleftor muft have a freehold worth twenty 
 *' pounds within the County, or a tenement of 
 " forty (hillings a ytar, and have paid taxes ; and 
 " if required by the returning Officer, muft take 
 " the Oath of Allegiance to the State. The Af- 
 
 F 3 , ** fembly 
 
 ' \: 
 
 i : I »U 
 
 11 
 
 
 
 •■ I' 
 
I 
 
 
 
 ^l!l|,il 
 
 ^li '\ 
 
 70 Confiituthn tf tht Baitish Colonies 
 
 *' fcmbly choofe their own Speaker, are Judges of 
 ** their own Members, and proceed to bufinefs, 
 *fas Aflemblics of right formerly didj and a 
 *^ majority makes a Hoiifc to proceed to bufincfs. 
 ** The Senate at firft confifted of twenty-four 
 "^Freeholders chofen out of the four great di- 
 ** dridjis (into which the Province is divided for 
 ^' the purpofe of clcding the Governor, Lieu- 
 " tenant Qovernor, and Senate) by fuch Free- 
 *^ holders as cleft the Governor and Lieutenant 
 ** Goyerpor, The firft Senate was chofen for 
 *' four years, and immediately after the Eledlioi^ 
 *' was divided by lot into four claffes, fix in 
 •reach clafs, and numbered i, a, 3, and 4, 
 *' that the feats of the Members of the firft clafs, 
 *' might be vacated at the end of the firft year, 
 *' the fecond clafs, the fecond year, and fo on 
 <* continually, fo thjit the fourth part of the Se- 
 *^ nate, as nearly as poflTible, may be annually 
 <* chofen } bgt the number of Senators is never to 
 'f exceed one hundred ; to prevent which, the 
 *f Legiflature, from time to time, is by law to 
 V appo^tion.the Senators, amongtt the diitri<5ls, in 
 *«^ proportion to the number of Eledors, fo that 
 *? the Reprefcntation of the People may for ever 
 *^ remain proportionate. Bur, although the fu- 
 *.' preme legiflative power is veiled in the Af- 
 ^5 fembly and Senate j yet to prevent laws being 
 ♦' hoftilely paffcd inconfiftent with the fpiritof the 
 ** Conftitution, the Governor, Chancellor, and 
 ♦* Judges of the Supreme Court, or any two of 
 *« them, with the Governor, are a Council to 
 ?* revifc all bills that have paffcd the Senate and 
 " Affembly, before they become laws ; and if 
 ff within ^en days, a^ter a Bill is prefentcd for 
 ** revii'al, it ftjall appear improper 10 a majority 
 f?,pf th^ Covjncil of Rcyifal. they are to "return 
 ■^^ . »« it. 
 
m North America, Sic. 
 
 7t 
 
 iieutenant 
 
 <c 
 
 i( 
 
 << 
 
 <( 
 
 C( 
 
 <; 
 
 (C 
 
 c< 
 
 (( 
 
 <c 
 
 «' it, with their obje<5lions in writing, to that 
 " Houfc in which it originated j and if, after Pc- 
 <« confideracion by both HouCes feparately, two 
 thirds of the Members prcfent in each Houfc 
 approve of the Bill, it is a law, notwithftanding 
 the objcftions of a majority of the Council of 
 Rcvifal. 
 
 " Neither Houfe has a power to adjourn itfcif 
 longer than two days, without mutual confent s 
 and whenever they difagree, a conference is to 
 *' be held, in the prefcnce of both Houfes, by 
 " Committees chofen by ballot. The doors of 
 <* both Houfes are to be open to all perfons, ex- 
 cept when the welfare of the State requires thei^ 
 debates to be kept fecret ; and their Journals 
 are to be kept like thofe of the Aflembly in the 
 King's time, and publifhed from day to day^ 
 unlefs where fecrecy is neceflary. The ftyle of 
 " ail laws is, ** Be it enacted by the people of th^ 
 " State of New York, reprefented in Senate and 
 '* Aflerobly j" and all Writs, and other proceed- 
 " ings, run in the name of the People of the 
 ** State of New York, and are tefted in the name 
 " of the Chancellor, or Chief Judge of the Courts 
 ** from whence they iflue. 
 
 " The Treafurer of the State is appointed by 
 " A6t of the Legiflature, which originates with 
 ** the Aflembly, but he cannot be eleftcd out of 
 " cither Houfe i and all Officers, whofe mode of 
 " election is not direded by the Conftitution, arc 
 '* appointed by a Council, confiding of the Go- 
 " vcrnor (or other perfon that adminifters Go- 
 ** verament for the time) who is Prefident thereof; 
 and one Senator from each diftrift, nominated 
 by the Aflembly. When the Council of Ap- 
 " pointment is equally divided, the Prefident has 
 " a cafting voioe j but no vote at other times. A 
 
 F 4 V " majority 
 
 « 
 
 (C 
 
 ;fl 
 
 SI; , 
 
nl 
 
 t: ffl 
 
 ¥ 1 Km 
 
 1'i'. ■; 
 
 ■ '' 
 
 i' Pr, 1*' 
 1 1'' 1' i 
 
 K' 
 
 1 ' 'Vi" 1 
 
 M '' iIh ' ' ' ui' 
 
 • '■ I''!;,'! 
 
 1 I'l rJciii 1 
 
 w ' 'l 
 
 1 litt 
 
 !*lf i. 
 
 '' " i" 
 
 i-' 
 
 ' 
 
 ■ji 
 
 >1. ■ 
 
 :;,. H. 
 
 
 W ■!';■' 
 
 
 72 Conftitution of the BkiTisH Colonies 
 
 ** majority of the Council of Appointment makes 
 *f a quorum, and with their confent, the Pre- 
 •' fident apooints all Officers, who are not other- 
 " wife elefted by the Conditution 5 and all com- 
 ♦* miflioned Officers, civil and military, are com- 
 *' miffionated by the Governor ; but no Senator 
 ?* is eligible to the Council of Appointment for 
 '* two years fucceffively, 
 
 *' The Chancellor, Judges of the Supreme 
 f* Court, and firft Judge of every County Court, 
 ** are appointed during good behaviour, or till 
 f * the age of fixty. The Chancellor, and Judges 
 •' of the Supreme Court, can hold no other of- 
 f fice, except that of Delegate to the General 
 " Congrefs, upon fpecial occafions -, and the firft 
 ?' Judge of each County Court, can hold no other 
 " office, except that of Senator or Delegate to 
 *' the General Congrefs i but when eledcd to dif- 
 ^* ferent offices (except as above), they have their 
 f* option in which to ferve. 
 
 ^' Sheriffs and Coroners are appointed anually, 
 <* but cannot ferve more than four years fuc- 
 ^' ceffively j nor can the Sheriff hold any other 
 ?« Office, 
 
 ^ The Regifler, and Clerks in Chancery, are 
 *^ appointed by the Chancellor j the Clerks of the 
 *' Supreme Court, by the Judges thereof; the 
 *f Clerk of the Court of Probates, by the Judge 
 f thereof; and the Regifter and Marfhal of the 
 <^ Covt of Admiralty, by the Judge thereof; 
 *S and they are to continue during the pleafure of 
 ff thofe who appoint them. Attornies, Solicitors, 
 *• and Cpunfellors at Law, are appointed by the 
 *« Court in which they praftife — are licenfed by 
 •' the Firft Judge, and regulated by the rules and 
 f f orders of fuch Courts 
 
 % 
 
 « Where 
 
h North America, &c. 
 
 7S 
 
 " Where the continuance of any Officer is net 
 *« afcertaincd by the Conftitution, he continues 
 « during the pleafure of the Council of Appoint- 
 " ment, but the Puifne Judges of the County 
 «• Court, and the Jufticcs of the Peace, have 
 " new Commiflions, at Icaft, once in three 
 " years. 
 
 «< Town Clerks, Supervifors, AffefTors, Con- 
 " ftables, Colle6tors, and all other Officers for- 
 " merly eligible by the people, dill continue to 
 " be elefted by them, as the A6b of the Legifla- 
 " ture direfts j and Loan Officers, County Trea- 
 ** furers, and Supervifors Clerks, are appointed 
 " as the law directs. Delegates to the Conti- 
 •' nental Congrefs, are annually appointed by the 
 " Senate and Affembly : each Houfe openly no- 
 " minates as many perfons as are equal to the 
 ** whole number of Delegates to be appointed : 
 " after the nomination, both Houfes meet, and 
 " fuch as are named in both lifts, are Delegates i 
 " and out of thofe names that are not in both 
 " lifts, one half is chofen by joint ballot of both 
 •' Houfes fo met together. 
 
 •* For the trial of impeachments and correction 
 •« of errors, there is a Court, confifting of the Pre- 
 «< fident of the Senate, and a majority of the Se- 
 *' nators, the Chancellor, and Judges of the Su- 
 f' preme Court. But where the Chancellor, or 
 " either of the Judges is impeached, he is 
 
 fufpended from his office until he is acquitted; 
 
 and on an appeal from a decree in Chancery, 
 
 or on a Writ of Error from the Supreme Court, 
 ^* the Chancellor^ in the firft cafe, and the Judges 
 " in the fecond, fhall affign the reafons for the 
 <' decree or judgment, as the cafe maybe; but 
 y cannot vote for the af^rmance or revcrfal. 
 
 <c 
 
 (( 
 
 (C 
 
 • I !■ 
 
 1^1 
 
 
 <^ThQ 
 
^, 
 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 /, 
 
 >/. 
 
 ^ 
 
 4' 
 
 1.0 
 
 i.l 
 
 
 lit 
 111 
 u 
 
 ■40 
 
 U£ 
 
 
 |'-25 BU ij^ 
 
 
 ^ 
 
 6" 
 
 ► 
 
 HiotogFaphic 
 
 Sciences 
 Corporation 
 
 
 23 WIST MAIN STRliT 
 
 WIBSTH.N.Y. MStO 
 
 (716)S72-4S03 
 
 '4«^ 
 
/ 
 
 
l! 
 
 ^!*» 
 
 
 
 
 .11 
 
 ' 
 
 1" 
 
 nt 
 
 ■■'V v 
 
 \% 
 
 1 1 
 
 '1.1 
 
 I 
 
 74 ConfiitttUon of tb^ Briti^ Colonies 
 
 *' The AflVmbly may impeach all Officers for 
 *^ mal or corrupt condudl ; but two thirds of th(r 
 " members prcfent muft agree in the impeach- 
 ** ment and judgment thereon j and previous to 
 ** the trial, they muft be fworn, " truly and im- 
 ** paxtially to try and determine the charge in 
 " queftion, according to evidence.*' The judg- 
 ** ment on impeachment, fliall extend no farther 
 *' than to removal from office, and difqualifica-- 
 " tion to hold any place of honour, truft, or pro- 
 ** fit ; but the pcrfon convidled on impeachment 
 ** may, neverthelefs, be indidled, and punifhcd 
 <« according to law -, and in every trial, on im- 
 " peachment or indi6lmcni, the defendant is al- 
 ** lowed Counfel, as in other cafes : and no mem* 
 «' ber is to be disfranchifed, or deprived of hifr 
 *« rights, but by the law of the land, or the judg- 
 ** ment of his Peers. 
 
 " The Statute Laws of England and Great 
 *« Britain, and the Afts of Affcmbly under the 
 " King's Governinent, which together formed the 
 *f la\y of New York, on 19th of April 1775» aro 
 *' the law of the State, but fubjedt to alteration 
 <* by the Legiflature. The temporary A«^s are 
 " to expire at the times limited, and all fuch^ 
 *^ parts of the common and ftatute law, and Ac^s 
 *« of Aflembly, as eftablifh any denomination o^ 
 <* Chriftians, or their Miniftcrs, or which con*^ 
 *' cern the allegiance to, or the fovereignty of 
 ** the King of Great Britain, repugnant to the* 
 ** Conftitution, are abrogated j but the Refolu- 
 *' tions of the Provincial Congrefles, and the^ 
 " Convention of the Colony. of New Yo*k, not 
 ** repugnant to the Conftitution, are part of the 
 *' law of the State, fubjedl to the alteration of the 
 •* LegiQature. All grants by the King of Grea# 
 *« Britain, or under his authority, after the 14th 
 
 «* of 
 
in NoivTH Amemca> &c. 
 
 71 
 
 "of October 1775, arc declared yoidj but the 
 f^ Conftitution does not afFeft any grant of landA*^ 
 «« or charter prior to that day s and all Officers 
 f^ who by charter were appointed by the King's 
 <* Governor^ are now appointed by the Council of 
 «' Appointment, 
 
 " The free excrcife of every religion is allow<- 
 " edi but no Minifter or Prieft of any denonni* 
 " nation can hold any civil or military office. 
 
 " The militia is at all times to be armed and 
 " difcipljned^ as well in peace as war -, and ma- 
 " gazines of warlike ftorcs are to be eftablifhed* 
 " in every County. Quakers ^re excufed from 
 ♦* bearing arms ; but muft pay the State, in lieu^ 
 *' thereof, fuch funis as the Legiflature majr 
 «' direft. 
 
 " The trial by Jury is to retnain inviolate for 
 " ever ; and no a6t of attainder is to bo pafled 
 ^' by the Legiflature for criines, except thofe 
 ^' committed before the termination of the war, 
 " and fuch Ads are not to work a. corruption of 
 
 *' blood. The Legiflature can iDftitute no 
 
 " Courts, but what proceed according to the 
 •' courfe of the Common Law. 
 
 " The Legiflature may naturalize all perfons 
 ^* who fettle in the State, become fubjefts of it, 
 f' take an oath qf allegiance to it, and abjure 
 f^ all foreign allegiance ^nd authority in matters 
 <* cpcjcfjaftical and civil." 
 
 New Jersey. 
 
 The Conftitution of New Jerfcy was cftabliflied 
 in the Provincial Congrefs at Burlington, in that 
 Province, on 2d July 1776, by the advice of the 
 Continental Congrefs, and was to be void if ft 
 f^concili^tion between Qreat Britain and the 
 
 Colonies 
 
 m 
 
i* 
 
 Hi 
 
 I 
 
 i^ 
 
 
 I . Ml 
 
 
 ■if:; I 
 
 «jii 
 
 "''I.. '■ 
 
 HI 
 
 
 If ,., 
 
 Ik 
 
 m 
 I,. I). 
 
 7^ Conftiituhn of the British Colonies 
 
 Colonies took place> otherwife to remain in- 
 violable. 
 
 •* The Conftitution veils the Government in a 
 " Governor, Legiflative Council, and General 
 << Affembly. 
 
 «* The Governor is elected annually by a ma- 
 " jority of votes of the Council and Aflembly 
 *• jointly, at their firft meeting after their elec- 
 *' tion.— He has the fupreme executive Power, 
 <« is conftant Prefident of the Council, and has 
 *« a calling vote in their proceedings.— He is 
 «' Captain- General and Commander in Chief, 
 *' Chancellor, and Ordinary or Surrogate Gene- 
 " ral. 
 
 " The Vice-Prefident is chofen by the Coun- 
 " cil, and, in the abfence of the Governor, the 
 ** Vice-Prefident adls as Governor. 
 
 " On the fecond Tuefday in Oftober (with 
 " the power of adjournment from day to day) 
 *' the inhabitants of each County worth L, 50 a- 
 ** piece, proclamation money, in clear eflate, 
 *' chofe one Member of the LegiQative Council, 
 <^ and threcMembersof Aflembly, each of whom 
 ** muft have redded in the County a year next 
 ** before his ele^ion } the Councillor muft have 
 *' at Icaft L, 1000, proclamation money, and 
 " each Member of AfTcmblyZ*. 500, like money, 
 ** within the County j but the majority of Re- 
 " prefentatives in Council and General Aflembly 
 ** may add to, or diminifli, the number or pro- 
 " portion of Members of AiTembly for any Coun- 
 " ty; fo that the Reprefentatives in AflTembly 
 *' arc not lefs than thirty-nine. — The Council 
 *' are, in all refpefls, a Free and Independent 
 <» Branch of the Legiflature, and have the like 
 ** powers as the AflTembly, except that they can- 
 " not prepare pr alter a money bill. The Go- 
 
 " vernor;^ 
 
lES ■ 
 
 
 H 
 
 <c 
 
 nain in- ■ 
 
 « 
 
 ^^1 
 
 (( 
 
 nent in a ■ 
 
 <c 
 
 General ■ 
 
 i( 
 
 1 
 
 <c 
 
 by a ma- 1 
 
 
 AfTembly 1 
 
 <( 
 
 leir elec- ■ 
 
 iC 
 
 c Power, ■ 
 
 a 
 
 and has 1 
 
 i( 
 
 . — He is ■ 
 
 « 
 
 in Chief, 1 
 
 (( 
 
 ite Gene- ■ 
 
 C( 
 
 he Coun- I 
 
 <c 
 
 rnor, the 1 
 
 <C 
 
 1 
 
 cc 
 
 )er (with 
 
 (( 
 
 y to day) 
 
 
 L. 50 a- 
 
 cc 
 
 ir eftate. 
 
 cc 
 
 Council, 
 
 cc 
 
 of whom 
 
 
 (rear next 
 
 cc 
 
 luft have 
 
 cc 
 
 ley, and 
 
 cc 
 
 e money. 
 
 t( 
 
 of Re- 
 
 
 A-fTembly 
 
 (C 
 
 r or pro- 
 
 cc 
 
 ly Coun- 
 
 <( 
 
 Vflembly 
 
 « 
 
 Council 
 
 <( 
 
 ependent 
 
 (t 
 
 the like 
 
 fc 
 
 hey can- 
 
 K 
 
 rhcGo- 
 
 
 in North America, &c. 
 
 77 
 
 vernor, and three or more Councillors, make 
 a privy Council : and the Governor, and fcven 
 of the Council at lead, make a quorum, to 
 determine appeals in the lad refort, in all cafes, 
 as during the King's Government; and they 
 can pardon treafon, felony, or other offences. 
 " The Affembly chufe their own Speaker, and 
 other Officers ; are Judges of the qualiBcations 
 of their Members j fit upon their own adjourn- 
 ments ; empower their Speaker to convene 
 them when any extraordinary occurrence ren- 
 ders it neceffary ; and prepare bills to be paffed 
 into laws. Tiic Governor or Vice-Prefident 
 muft convene the Council whenever the Af- 
 fembly fits ; and the Speaker of the Affembly 
 is, immediately after an adjournment, to give 
 the Governor or Vice-Prefident notice of the 
 time and place to which the Affembly is ad- 
 journed. 
 
 " The laws run, " Be it cnafted by the Coun- 
 cil and General Affembly of this Colony, and 
 it is hereby enabled by the authority of the 
 fame." 
 
 " The Council and Affembly make the Great 
 Seal, which js called *' The Great Seal of the 
 Colony of New Jerfey ;" and is kept by the 
 perfon that adminifters Government, to be ufcd 
 as occafion requires. 
 
 *' The Council an4 Affembly appoint the Judge* 
 of the Supreme Court for (even years, the 
 Judges of the Inferior Court of Common Plea* 
 in each County, Juftices of the Peace, Clerks 
 of the Supreme Court, Clerks of the Inferior 
 Court of Common Pleas and Quarter Seffions, 
 Aitorncy General, and Provincial Secretary 
 for live years j and the Perfon that adminifters 
 Government commiffions them ; but all thofe 
 
 ** Officers 
 
j 
 
 (I 
 
 r' 
 
 r; ■ * 
 
 , It 
 
 4: 
 
 ii^ill 
 
 ■I ! 
 
 Hi 
 
 M 
 
 I .ii 
 
 
 
 % 
 
 £ 
 liji 
 
 ■:.iyi' ' 
 
 '7^ • Confiitution of the British Coio^tES 
 
 «* Officers may be rc-appk>intcd, and are liable fo 
 «* be difmiffedi when adjudged by the Council 
 «* to be guilty of mifbchaviour, on impeachment 
 «* of the Affembly. 
 
 <* The Sheriffs and Conftables are defied an- 
 " nually by the People j and the Sheriffs are com- 
 .«« miffioned by the Governor, or in his abfence 
 •« by the Vice-Prefident j and all commifiions 
 ** and writs run thus, ** The Colony of New 
 ** Jerfey to A. B. greeting." General and Field 
 " Officers of Militia are appointed by the Coun- 
 ** cil and Aflemblyi the Captains and Subalterns 
 ** are chofcn by the Companies. 
 
 ** All criminals are allowed witnefTes and coun- 
 " fcl; and indiftments conclude, " Againft x\\t 
 «* peace of this Colony, the Government and 
 :" dignity of the fame." The cftare of a felo dt 
 ** /f, or any thing occafioning death, are not for- 
 " feited. 
 
 •* No religion is cftabliflied ; and a perfon pro- 
 '«* feffing himfelf of any Protcftant Sed, and dc- 
 •** meaning himfelf peaceably, may hold any of- 
 " fice, fit in either Houfe of Legiflature, and 
 :** enjoy every other privilege; but no Officer, 
 f* except a Jufticc of the Peace, fcan fit in the 
 Aflfembly. 
 
 " The A6ts of Affemblv, and fo much of the 
 commoii and flatute law of England as were 
 /*< ufed in the King's time, remain, till altered 
 *•* by the Legiflature, except fuch parts as are 
 *< repugnant to the Confiitution j and the trial 
 ,<c by jyry jg (Q fcmain for ever. 
 
 <* Every Member of the Legiflature^ before he 
 •* takes his feat, is fworn not to affent to any law 
 '< repealing annual eledtions, and the trial by 
 " Jurys nor to alter thofc parts of the Conflitu- 
 
 " tioA 
 
 <c 
 
 ex 
 
< in North America, &c. f^ 
 
 «' tion which forbid the cftablifhment of any one 
 ** religion in preference to another, &c,'* 
 
 Pennsylvania. 
 
 The Conftitution of the Commonwealth oF 
 Pennfylvania was eftablifhed, agreeable to xht 
 direction of the Continental Congrefs^ by the Ge- 
 neral Convention, held at Philadelphia from the 
 15th of July to the iSth of September 1776. 
 
 " The Commonwealth or State of Pennfylvania 
 •' is governed by an Aflembly of the Reprefent- 
 " atives of the Freemen (who are veiled with the 
 «« Supreme Legiflative power), and a Prefideilt 
 ** and Council (who are veiled with the Supreme 
 *' Executive power). 
 
 « The Prefident and Vice-Prefident of the 
 " Council are ehofen annually, by joint ballot 
 •* of the Council and General Aflembly. The 
 ** Council is chofen by the Freemen of the State, 
 •* who are twenty-one years old, have refided in 
 •« the State a year next before the cledlion, and 
 ** paid taxes. And the fons of fuch Freemen, 
 if twenty-one, vote, although they have not 
 paid taxes. — Phjladdphia, and each County, 
 chufes one Councillor a- piece 5 and fuch a ro- 
 ♦* tation was at firft eftablilhed, that a number wif! 
 •* always remain in Council who are acquainted 
 •* with bufinefs. — No Councillor can ferve longer 
 " than three years fucceffively, and he cannot be 
 •• re-eledlcd till the expiration of four years from 
 " his laft fervicc : each Councillor is a Juflice of 
 *• the Peace for the whole Commonwealth.— 
 ** The Prefident and fire Councillors make a 
 quorum, and appoint and commiflionate Judges, 
 naval Officers, Judge of the Admiralty, At- 
 torney General, and fuch other civil and mili- 
 
 t " "7 
 
 
 
 <• 
 
 if 
 It 
 
 * 
 
 i 
 
 
I 
 
 
 ' I 
 
 
 |1 Hl(, 
 
 ■I 51 
 
 1^ 
 
 i 
 
 I . 
 
 .1 ,1 
 
 ri"' 
 
 'i'! 
 
 m 
 
 
 
 •'I! 
 
 1 'il' 
 'I 'h! 
 
 ■ r.,. 
 
 So CotiftUution of the British Colonies 
 
 ** tary Officers as the General Aflcmbly, or thtf 
 «* peoplci do not chufc by the Condicucion, or 
 ** laws fubfeqiient thereto. — They correfpond 
 *• with other States^ tranfad bufinefs with the 
 ** Officers of Government, and prepare matters 
 ** to lay before the Aflcmbly* — They determine 
 ** on impeachments, taking the affidance of the 
 " Judges of the Supreme Court for advice only. 
 *^ — They can remit all fines, and pardon all 
 '< crimes, except thofe profecuted by impeach- 
 ** ment (which can be remitted or mitigated by 
 ^< the Legiflature only), and for treafon and mur-» 
 *' der } the Prefident and Council can reprieve^ 
 <' but not pardon, till the end of the Seffions of 
 ^' Aflembly next after conviction* 
 
 *< The Prefident and Council are to take care^ 
 *< that the laws arc faithfully executed, the mea- 
 *< furcs agreed on by the Aflcmbly expedited t 
 " and they arc to draw on the Treafury for the 
 " monies appropriated by the Aflfembly- — They 
 *^ lay embargoes, prohibit the exportation of any 
 ** commodity (in the recefs of the Aflembly only), 
 ** not exceeding thirty days : they grant fuch li- 
 *^ cences as are dire(5):ed by law^ and, in cafes of 
 ** neceflity, may call the General Afl*embly to- 
 '< gether before the day they are adjo.urned to : 
 ** they have a Secretary, keep fair books of their 
 <' proceedings ; and every Councillor may enter 
 *« his diflcnr, and the reafons for it. — The Prefi- 
 ** dent is Commander in Chief of the Forces of 
 *' the State; but cannot command in perfon, 
 " except with the advice of the Council, and fo 
 <^ long as they approve of it; and in the abfence 
 " of the Prefident, the Vice- Prefident adminifters 
 «< that office. .. 
 
 ** The General AflTeqibly of Reprefentatives of 
 " the Freen;>en of Pcnnfylvania/' are annually 
 . " *« choftn 
 
in ^ORTH America, &c. 
 
 Si 
 
 cr 
 (t 
 
 C( 
 (C 
 
 t( 
 
 €f 
 C( 
 
 <c 
 
 (C 
 
 (( 
 cc 
 <c 
 i< 
 <c 
 cc 
 cc 
 cc 
 
 *t 
 cc 
 <( 
 
 €( 
 
 Ice 
 
 \€€ 
 
 \(C 
 
 cc 
 
 cc 
 
 ct 
 
 i(( 
 
 Ice 
 
 l(( 
 
 Ice 
 
 cc 
 
 |cc 
 
 tc 
 
 chofcn for the Cities and Counties by the Free- 
 men by ballot^ and mud have refided in the 
 place they rcprefent for two years next before 
 their ele<Aion. An Aflcmbly-man can, fcrvc 
 only four years in feven, and can hold no other 
 office except in the militia.— The General 
 AITcmbly chufe their own Speaker, and other 
 Officers, and the Treafurer of the State : they 
 fit on their own adjournments ; prepare bills^ 
 and enadl them into laws ; judge of the elec* 
 tions and qualifications of their Members i can 
 expel a Member, but not a fecond time for the 
 fame caufe -, adminifter oaths or affirmations, 
 on examination of witneffcs j rcdrefs griev- 
 ances ; impeach State criminals ; grant Char- 
 ters of Incorporation $ conftitute towns, bo- 
 roughs, cities, and counties ; and have all 
 powers neceflary for the Legiflature of a free 
 State ; but cannot alter any part of the Con* 
 (litution. 
 
 " Two- thirds of the whole Members eleftcd, 
 make a Houfc ; and before they proceed to 
 bufinefs, each muft take an oath of allegiance 
 to the State, and an oath not to injure or 
 abridge the rights of the people; and mufl fign 
 a declaration " Of belief in one God, the Crea- 
 tor and Governor of the world, the Re warder 
 of the good, and the- Punifher of the wicked,'* 
 and ** an acknowledgment that the Scriptures 
 of the Old and New Teftament are given by 
 Divine Infpiration -,** which declaration is the 
 only religious te(l required of any civil Officer 
 or Magiftrate. 
 
 " The doors of the Aflfembly arc to be open, 
 except when the welfare of the State requires 
 them to be ihut ; and the Yeas and Nays on 
 any queftion (when it is not by ballot) are to 
 
 O " be 
 
 ■' n 
 
 k- 
 
t 
 
 ' II 
 
 % , 
 
 
 IV 
 
 ^ 
 
 'lit ' 
 
 :.,!■■■ 
 
 ;J, ^ i 
 
 
 •1, ;'ii| 
 
 1 ■ 1 
 
 '^ '■■■1 
 
 ■■ ■:• |.l 
 
 "' -li'^^ 
 
 
 
 4 
 
 k 
 I 
 
 r ,1 ! 
 
 w,i|j5 
 
 ,;:v 
 
 
 '"it 
 
 I 
 
 8* Cotijiiiu/icn of the British Colonieu 
 
 '* be taken down, if two Members require if, 
 ** and the proceedings muft be printed weekly: 
 ** and that improper laws may not be enajfled, all 
 " bills of a public nature are to be printed before 
 •* they are read the laft time, and are not to be 
 " paiTed into laws till the following SelTion, ex- 
 ** cept on occafions of fudden necefnty. — The ftyle 
 ** of the laws is, " Be it enaded, and it is here- 
 " by enafled by the Reprefentatives of the Free- 
 " men of the Commonwealth of Pennfylvania, 
 " in General Aflembly met, and by the authority 
 *' of the fame :" and when a law pafTes, it is fcaled 
 *'- with ** the Seal of the Laws of Pennfylvania," 
 **' which is kept by the Aflembly, and not ufed 
 for any other purpofe : the wages of the Re- 
 prefentativesi and other State charges, are paid 
 out of the Treafury. — Any Officer whatfoever 
 may be impeached by the General Aflembly, 
 " before the Prefident arid Council, who hear and 
 *' determine the impeachment. 
 
 " The Judges of the Supreme Court of Judi- 
 " cature have fixed falaries, and are comrhiflJion- 
 ** ated for feven years J but can hold no other 
 ** office, and may b<? re-appointed. — And that 
 *' Court, as well as the feveral Courts of Common 
 " Pleas, have fome of the powers of a Court of 
 " Chancery.—^The Freemen in each County eleft 
 " Ju dices of the Peace for feven years, and She- 
 " riffs and Coroners for one year i and all clec- 
 *' tions whatfoever are by ballot j and all com- 
 *' miffions in the name and by the authority of 
 the Freemen of the Commonwealth of Pennfyl- 
 vaniai under the State Seal (which is kept by 
 the Council), figncd by .the Prefident, and at- 
 tefted by the Secretary. ' , ^ 
 
 *' The trial by Jury remains 5 all profecution^ 
 *' are in the name and by the authority of th6 
 
 ' "Freemen 
 
 te 
 
 €( 
 €€ 
 
 t( 
 
 <c 
 
 
 <c 
 
 v 
 
in T^oRTH America, &c« 
 
 8J 
 
 tr 
 
 |(( 
 (( 
 (( 
 <( 
 
 lit 
 l« 
 Iff 
 \t< 
 
 i( 
 i( 
 t( 
 rr 
 tc 
 
 tc 
 
 tr 
 re 
 u 
 
 ^c 
 i( 
 [c 
 u 
 u 
 [r 
 |( 
 |c 
 |c 
 t( 
 u 
 u 
 |c 
 \t 
 
 cc 
 
 cr 
 
 Freemen of the Commonwealth of Pennfyl- 
 vania ; indidtmenrs conclude, *• Againfl the 
 jKMce and dignity of the fiime;" and the (Ij'le 
 of all procefs is, ** The Commonwealth of 
 Pennfylvania." 
 
 Any foreigner, on taking the oath of al- 
 legiance, may purchafc and transfer land j after 
 one year's rcfidencc, is a free denizen ; and 
 aftei- two year's rcfidcnce, may be defied a Re- 
 prefentative. 
 
 Delegates to the Contiriental Congrcfs are 
 chofen by ballot by the General AflTcmbly an- 
 nually, at their firft meeting, can ferve only 
 two years fucceflively, may be fuperfeded ac 
 any time, and holding a Continental office, 
 cannot be elected. 
 
 " There is no Ecclefiaftical Eftabliflimcnt ; 
 every mbde of worfhip is allowed 5 and no 
 man acknowledging the being of a God, is 
 deprived or abridged of any civil right as a 
 citizen. 
 
 " On the fecdnd Tuefday of Oftober, in every 
 feventh year, the Freemen chufe twojperfons 
 in each City aiid County, named the " Council 
 of Cerifors," who may call a Convention, exa- 
 mine into the conduft of the Lcgidative and 
 Executive Branches, inquire into the laying 
 and collefting of the tax^s, knd for perfons, 
 papers, and records^ pafs public cenfures, order 
 impeachments, and recommend the repealing 
 of laws that afc contrary to the Conftitution. 
 —They continue only one yeai* after cledion ; 
 but may call a Convention to meet in two 
 years after their fitting, if there is a neceflity of 
 amending the Conftitution.— But the propofed 
 amendments mud be promulgated fix; months 
 before the Convention is ele^ed> that the 
 
 ■.n 
 
 M 
 
 I i:. 
 
 G % 
 
 cf 
 
 people 
 
mi 
 
 '1' 
 
 ii 
 
 ■ 
 
 !|*i 
 
 .,1 -■ 
 
 ill ^i! 
 
 ' 
 
 i i 
 
 
 M y- 
 
 '■€:4 ■•■'li!l! 
 
 •!;: 
 
 84 Ccnftitutton of the British Colonies 
 
 '< people may confider of themi and inflruft 
 " their Delegates." 
 
 Delaware. 
 
 The Government of the Counties of Ncwcaftic, 
 Kent, and SiiiTcx, upon Delaware, arc in all 
 pitblic and other writings, now called, ** The 
 *' Delaware State j" and the Conftitution or Syf- 
 tem of Government was agreed to by the Reprc- 
 fentatives, in full Convention, on the aoth of Sep- 
 tember 1776. 
 
 The Prefident, or Chief Magiftrate, is chofcn 
 for three years (or until the fitting of the then 
 next General Aflembly j by joint ballot of the 
 Legiflative Council and' Houfc of AfTcmbly; 
 and the box is examined by th^ Speakers ot 
 both Houfes, in the prefence of the other 
 Members ; and if the numbers are equal, the 
 Speaker of the Council has an additional wait- 
 ing voice i but the Governor cannot . be rc- 
 eledted until he has been three years^ out of 
 that office ; he has an adequate ^moderate fa- 
 lary whilft he continues ^ in cafe of .his death, 
 inability, or abfence from the State, th^ Speaker 
 of the Legiflativc Council is Vice-P^eficient, 
 and if he is dead, difabled, or ab(ent from. the 
 State, the Speaker of ' the Houfe, of Aflertibly 
 has the powers of a Prefident, until th? Gpneral 
 Afiembly makes a new nonriination.. 
 
 The Governor draws for the money appro- 
 priated by the General Air(;mbly, and is. ac- 
 countable to them for it. — With the advice of 
 the Priyy (or E^ecutivej Council^ he; lays em- 
 bargoes, or prohibits tKc exportation of ,any 
 commodity (when the General A0ei;nbly.is not 
 fiuing) (cr thif ty ^ay^ or lcfs»— He cap pardon 
 
in NoRtH America, &c. 
 
 85 
 
 or reprieve (where the law does not forbid it), 
 except the profecution is carried on by the 
 Houfe of Aflcmbly, and then the pardon or 
 reprieve muft be by a rcfolve of that Houfc.-^ 
 And the Governor may cxercife all other Exe- 
 cutive Powers of Government, where he is not 
 rcftrained by the Conltitucion, or by law. 
 
 Four Privy Councillors (not in the Continental 
 pay or fcrvice) are chofen by ballot, two by the 
 Legiflative Council, and two by the Houfe of 
 AflTembly j and the accepting the office of a Privy 
 Councillor vacates a feac in the Legiilature. . . 
 
 A Privy Councillor continues only two years, 
 and cannot be re-elefted as fuch for the three 
 next years, and they are ballotted out in rotation 
 by the Legiflative Council and Houfe of Aflem- 
 bly.— The Prefident convenes the Privy Council 
 when and where he thinks moft convenient; three 
 Members make a quorum, their proceedings are 
 entered on record, and figned by thenrJ, to he 
 laid before ^he General A,flrcm,bly when called for; 
 and each Member may enter his diflent.^- With 
 the advice and confent of the Privy Council, the 
 Prefident embodies the militia, and a6ts as Cap- 
 tain-General and Commander in Chief of the mi- 
 litary force of the State. 
 
 The Legiflaturc is called '* The General Af- 
 " fembly of Delaware," and confifts of two 
 Branches, viz, " The (Legiflative) Council," and 
 " The Houfe of Aflcmbly." The Legiflative 
 Council is chofen by the Freemen for three years, 
 and go out in rotation : it confifts of Nine Mem- 
 bers (three for each County), who muft be upwards 
 of twenty-five years old, and have a freehold in 
 the County where chofen. 
 
 The Houfe of Aflembly is chofen by, the Free- 
 men annually, oh the ift of Odtobcr, and confifts 
 
 G 3 01 
 
 '):': 
 
 V 
 
 < i t 
 
 it 
 
il 
 
 rt 
 
 ;»,:« 
 
 •I 
 
 ■1'. '■ , 
 
 ■t; 
 
 m 
 
 I 
 1 
 
 I' ^5:^ 
 
 . r 'ram 
 
 ■•:n 
 
 'I 
 
 p' ■ I i 
 
 t'l ''il 
 
 J:;i: 
 
 
 \ 
 
 I';'- 
 
 ri 
 
 il 
 
 »iiiiji>j -■ -i 
 1- 
 
 m 
 
 ;;! M 
 
 M''!i 
 
 i 
 
 
 86 Cottftitution of /Z?^ British Colonies 
 
 of twenty-one Members, fevenfor each Counrv^ 
 each of whom muft have a freehold where choftn 
 —Each Houfe chiifcs its own Speaker, and other 
 Officers ; judges of the qualifications and eleftions 
 ■ of its Members ; fettles its own rule of proceed- 
 ings i directs writs of eledlion for fupplying in* 
 termediate vacancies j can expel any Member for 
 miil)ehavioiir j but not a fecond time in the fame 
 SeflTions, for the fame offence j and both Houfes 
 have all other powers neceflary for the Legifia- 
 ture of a Free and Independent State. — All bills 
 and ordir:ances may originate, be altered, amend- 
 ed, or rejecled, by either Houfe, except money- 
 bills, which muft originate in the Houfe of Af- 
 fembly? but may be altered, amended, or re- 
 je6ted, by the LegiQative Council. — Both Houfcs 
 fit at the fame time and place j and each Houle 
 adjourns itfelf, of which each Speaker immediately 
 gives the other notice. The Prefident cannot 
 prorogue, adjourn, or dififolve the General Af- 
 femblyj but with the advice of the Privy Coun- 
 cil, or on application of the majority of either 
 Houfe, he can call them together before the 
 time to which they ftand adjourned, l^ht Houfe 
 of AflTembly can impeach the Prefident (when 
 put of office), and all other Officers, before the 
 Legiflative Council, for mal-adminiflration, &c. 
 If the party impeached is found guilty, he may 
 bedifabled to hold any office, removed fiOm it, 
 or fubjefted to fuch pains and penalties as the 
 law direds i and all Officers are to be femovcd, 
 on Gonvidibn of mifbehaviour by impeachmenr, 
 or at common law; or if the General Aflembly 
 addreffes for fuch removal. 
 
 The Sheriffs and Coroners are chofen annually 
 by the Freemen ; but the Prefident and General 
 Affembly, by joint ballot appoint the three 
 
 Jultices 
 
 «» 
 
in North America, &c. 
 
 87 
 
 Juftices of the Supreme Court, the Judge of the 
 Admiralty, and the* four Juftices of the Common 
 Pleas and Orphan's Court, in each County, who 
 continue during good behaviour, but can hold no 
 other office j and the Common Pleas, and Or- 
 phan's Court, have the power of holding inferior 
 Courts of Chancery, as in the King's time, until 
 the Legiflature direfts otherwife. 
 
 The General Aflembly appoints all the Officers 
 in the army and navy j the Chief Juftice of the 
 Supreme Court appoints its Clerks j the Juftices 
 of the Common Pleas for each County appoint 
 the Recorders of Deeds j and in cafe of a vacancy 
 of any office, which is filled up by the Prcfidenc 
 aind Geheral AflTembly, the Prefident and Privy 
 Council may appoint till a new eledion. — The 
 Prefident commiffions all Officers under the Great 
 Seal of the State, which is made by the Legifla- 
 tfve Council and Aflembly, kept by the Prefident, 
 affixed to all Laws and Commiffions, and ufed as 
 occafion may require 5 the Commiffions run in the 
 name of " The Delaware Scate," and are teftec^ 
 by the Prefident. 
 
 Every Member of the Legiflature, and Officer, 
 before he afts, takes an Oath or Affirmation of 
 Allegiance to the State, and fubfcribes a Declara- 
 tion of Faith '« In God the Father, and in Jefus 
 *' Chrift his only Son, and the Holy Ghoft, one 
 " God bleffed for evermore ; and acknowledges 
 " the Holy Scriptures of the Old and New Tefta- 
 " ment to be given by Divine Infpiration." — 
 And Officers alfo take an oath of office. — But no 
 religious Eftablilhment is allowed j nor is any 
 Clergyman or Preacher of the Gofpel permitted 
 to hold any civil office^ or to be a Member of the 
 Ligiflature. — And the enflaving of Negroes, &c. 
 is difallowed. 
 
 G 4 The 
 
 I I 
 
 */ 
 
:'li i\a 
 
 jiV 
 
 ill 'V'l' 
 
 8|i Conftitution of the British ColoniiI 
 
 The Common Law of England, the Ads of 
 Aflcmbly in force on the 15th of May 1776, and 
 iuch parts of the Statute Law of England gfed in 
 the King's time, as are not repugnant to the Con- 
 ftitution, continue in force until altered by the 
 Legillature. — Writs run in the name of " The 
 " Delaware State,'* are teftcd in the nantie of the 
 Chief Juftice, and under the Seal of the Court 
 from whence they iflue : and indidments con- 
 clude, " Againft the Peace and Dignity of the 
 << State." In place of an appeal to th^ )Cing in 
 Council, " The Court of Appeals" is inftituted, 
 confiding of Nine Members, viz, the Prefidcnt 
 for the time being, and Three to be appointed by 
 the LegiQative Council, and Three by the Houfe 
 of Aflcmbly, who continue during good bcha-r 
 viour ; and the vacancies ;|re fupplied by ne\v 
 cledions. 
 
 But no Member of the L^giflature c^n bold 
 any office, except that of a jultice qf the Peace, 
 which he is for the whole State ; and the J unices 
 of the Common Pleas . are Conferyators of the 
 jPcace in their refpedtive Counties. 
 
 Delegates to the Continental Congrefs are an- 
 nually cnofen by joint ballot of both Houfes of 
 Legiflature, who may fuperfede them within the 
 year. 
 
 Some parts of the Conftitution are never to be 
 yiolatcd on any pretence ; and tl^e others not tq 
 be altered without the confent of five parts in 
 {even of the Aflcmbly, and fcye<;j Members of the 
 f^egiflatiyc CpunciK 
 
 •I 1: 
 
 ^ARYtAN^^. 
 
in North America, &c. 
 
 Maryland. 
 
 «9 
 
 The Conftitution or form of Government of 
 Maryland, was agreed to and pafTed in a Conven* 
 tion of the Delegates, held at Annapolis the 14th 
 of Augiift 1776. 
 
 The Governor is chofen annually on the fecond 
 Monday of Novcnnbcr, by joint ballot of th€ Se- 
 nate and Houfe of Delegates j each of whoni muft 
 firft take an oath, " To cle<5t, without favour, &c. 
 " the Pcrfon he believes to be bcft qualified for 
 " the office,*'— The Governor muft be above 
 twenty-five years of age, have refided in the State 
 above five years next before the clc<5lion, own a 
 freehold eftate worth L. 1000, current money, 
 and have a real and perfonal property there, 
 worth in the whole L. 5000. — He cannot con- 
 tinue more than three years fucceflflvely, nor be 
 re-elcdcd till the expiration of four years after 
 he has been out of that office. — He muft take an 
 Oath of Allegiance to the State ; fubfcribe a Dc* 
 claration of Belief in the Chriftian Religion ; 
 take a fecond Oath, " That he will not receive 
 ^' any part of the profits of an office held by 
 " another, or arifing on any agency, &c. j" and a 
 third Oath, <* That he will not vote for any Of- 
 " ficer, through favour, &c. but for him that is 
 <' beft qualified, &c. ; and that he neither has 
 
 promifed, nor will promife, his vote or intcreft 
 
 in favour of any pcrfon." — And if he is con- 
 vifted by two witncfles, of receiving any of the 
 profits of an office held by another, whilft he is 
 himfelf in office, his appointment is void, and he 
 fuffcrs the puniffiment of perjury, or is banifhed 
 ^he State for cyer^ or difqualified for ever from 
 
 holdins: 
 
 cc 
 <c 
 
 l.ll 
 
 4 . X -I 
 
 i ill 
 
 ,s1»l 
 
!/ 
 
 I 
 
 il 
 
 f ■• ' 
 
 1 
 
 I 
 
 1':!' 
 
 lit;.- 
 
 !,; -: 
 
 
 .il 
 
 ■ ■ ^ . i 
 
 J Ml 
 i 1 
 
 
 
 
 'I-Vii ;,|;i 
 
 90 Conjlitution of tbt British Col onies 
 
 holding any office or place of truft or profit^ a3 
 the Court may adjudge. 
 
 Upon the Governor's death, refignation, or re- 
 moval out of the State, the firft named of the 
 Council qualifies himfelf, and ads as Governor j 
 but muft immediately call the General aflembly 
 together (giving not lefs than ,14 days notice 
 of their meeting), when a Governor is to be ap- 
 pointed for the refidue of the year. 
 
 The Senators and Delegates (firft taking fuch 
 an oath as before chufing a Governor), do, on 
 the 2d Tuefday of November yearly, by joint 
 ballot, eled five to be the Council to the Governor, 
 each of whom muft be above twenty-five years old, 
 have refided in the State above three years next 
 before his election, and own a freehold therein worth 
 above L. 1000 currency. — The Council muft take 
 the fame Oaths, and fubfcribe the fame Declara- 
 tion as the Governors their Clerk (who is ap- 
 pointed by them) muft take the Oath of Fidelity 
 to the State, and alfo an Oath to keep fecret fuch 
 matters as the Board ftiall direft. — Their proceed- 
 ipgs are pntcred on record, to be laid before 
 cither Houfe of Legiflature that calls for them j 
 and the Governor, or any Member of the Board, 
 may require the advice of the Council in writing, 
 figned by them.-^The Governor, with the advice 
 and confent of Council, can embody the militia, 
 and alone has the direction of it, and of the re- 
 gular land and Tea forces of the State, accordino: 
 to law i but he cannot command in perfon, un- 
 Jefs the Council advife it, and then no longer than 
 they approve of it. — Where the concurrence of 
 the Council is not required, he may alone cxer- 
 cife all the other executive Powers of Govern- 
 ment, according to law j he may reprieve or par* 
 don, where the law dots not forbid j during the 
 
 reccls 
 
in North America, &c. 
 
 ^t 
 
 fecefs of the General Aflembly, he may embargo 
 (hipping, and prevent the exportation of any 
 (ZoiTiinodity, not exceeding thirty days in a year; 
 but he muft call the General Aflembly before the 
 embargo expires, and be may compel quaran^ 
 tine, if there are ftrong grounds to fufpedt a t/ef- 
 fel has the plagqe on board, or, that the place Ihc 
 came from, was infected with it. But the Go- 
 vernor is not, under any pretence, to exercife 
 any power or prerogative, by virtue of any law, 
 ftatute, or cuftom of England or Great Britain. 
 
 Three Councillors make a board j the Go- 
 vernor (and in his abfence, the firft named in the 
 Council) prefides there, and votes where the 
 Council is diyided ', and in cafe of a vacancy in 
 the Council, the Members, by ballot, eledt 
 another for the refidue of the year. 
 
 The Governor, with the advice and confent of 
 phe Council, appoints the Chancellor, Judges, 
 Attorney General, and Regifters. of the Land 
 Office, during good behaviour j and naval Of- 
 ficers, thofe in th<p l^nd ^nd fea fervice, and mi- 
 litia, Surveyors, and all other civil Officers of 
 Government (except AflelTors, Conftables, Over- 
 feers of the Koads, &c.) for one year ; but re- 
 moveable for mifbehaviour on conviction in a 
 court of law. The Sheriffs are eleded by the 
 Freemen every third year, and the regiflers of 
 wills are recommended by both l^oufes of Le- 
 gifiature, and commiffjoned by the Governor. 
 The Judges and Jufticcs appoint their refpedive 
 Clerks ; but where an office (not ir^ the appoint- 
 ment of the Governor) becomes vacant, the Go- 
 vernor, with the advice of Council, appoints and 
 commiHions, until another is elecfled, cholen, or 
 recommended, as the cafe may be. The Coun- 
 cil make the Great Seal of the State, which is 
 
 kept 
 
 :> M 
 
li 
 
 m 
 
 1 
 
 I 
 
 ll 
 
 :l ■! '■' 
 
 
 rl!:: 
 
 !i 1 
 
 ^'^1 
 
 ■:i' 
 
 lii'iT- ' 
 
 
 
 fi. Conjliftitm of the BtLiTtsn CoLO}jns 
 
 kept by thi^ ChancelloFj and affixed to all law's^ 
 commiflions, grants, and other public tcfti- 
 monials, as formerly ; and all public commif- 
 fions and grants, run in the name of " The 
 *» State of Maryland, &c." are figncd by the Go- 
 vernor, and attefted by the Chancellor, .except 
 military commiflions, which are not atteftred by 
 the Chancellor, nor have the Seal of the Stati?. 
 
 The Legiflature confids of two branches, a Se- 
 nate and an Houfe cf Delegates, which are ilyled, 
 " The GenerM Aflembly of Maryland." The 
 Senate is chofcrt tn the following manner : On 
 the fir ft of September, in every fifth year, the 
 Freemen above ttf^^nty-ont years of age, that 
 have refided in the County, where they vote, for 
 6nt year nfcjtt b^^forfe the Elcdion, and own a free- 
 hold of fifty acfes therein, or have a property in 
 the State, worth above thirty pounds currericy, 
 chufe two perfons in each county (and one for 
 Annapolis, aAd oM for Baltimore) called Eleflors 
 of the Senate, ariy twenty- four of whom may, 
 out of their bwil bddy or the people at large, by 
 ballot, clcd fifteen Senators that are above 
 twenty-five years of age, haver refided in the 
 State three ydars next before the Election, and 
 have real and perfoiial property there, worth one 
 fhoufand pounds currency j but the Eleflors of 
 the Senate, before they proceed, take an oath of 
 fidelity to the State, and alfo an oath, " to elefl 
 '* without favour, &c. fuch perfons for Senators, 
 " as in their judgment,' 6cc. they believe belt 
 " qualified for the oflice.'* But in cafe of a va- 
 cancy, the Senate eleds another Senator for the 
 refidue of the fivfe years ; and they alfo chufe their 
 Prcfident by ballot j and the Prefident and a ma- 
 jority of the Senate make a Hotife. 
 
 The 
 
tn North Ameriqa, &c« 
 
 W 
 
 Tlie Senate judges of the EJcdlions and qualifi- 
 cations of their Members, and any, except mo- 
 ney bills (to which they can only aflent or diflcnt) 
 may originate there ; and to (other than money V- 
 bills from the Houfe of Delegates, they may a(- 
 fent, diffent, or propofe amendments. And tha&> 
 the. Senate may exercife their judgnrient in pafTing 
 laws, and not be compelled to reject a money 
 bill, the Houfe of Delegates are not to blend: 
 with a money bill, any things that does not im- 
 mediately relate thereto : apd to prevent alterca-- 
 tion about fuch. bills, the ConAitution declares. 
 That no bill impofuig duties or cuiloms for the 
 mere rcgulat;ion of commerce, or inditing fines 
 for the, reformation of morals, or to inforcc the 
 c^ecution^of the laws, by which an incidental re-- 
 venue -may ariie i bu^t only bills affcffing, levy-^- 
 ing, or applying taxes or fupplil^s for the fupporc 
 of government, or the current expences of the 
 State, or appropriating money in the Treafury, 
 are to b^ deemed money bills. 
 
 The Houfe of Delegates is chofen on the firft - 
 Monday in Odlpbcr annually, by the Freemen^ 
 qualified as afbrefaid to vote , for Electors of the ' 
 Senate. There are four • Delegates for each 
 County, two for the city of -Annapolis, and two 
 for the towp of Baltimore j but as well the De- 
 legates, as the Eledlors of the Senate for Anna- 
 polis, are chofen by the Borg«fles% The Dele- 
 gates mu ft have refided in the County where- 
 chofen, one year next preceding the £le6tion, be 
 above twenty-one years old^ and have real and 
 perfonal property in the State worth five hundred 
 pounds -currency. 
 
 The Houie of Delegates chofc their Speaker by 
 ballot, and he and a majority of Members,- make 
 a Houfe^ whog^dgeof the- elediiions and qualiH- 
 
 cations 
 
 ■MM 
 
^'<\ 
 
 1 
 
 ! 
 
 1 I 
 
 
 '■ili: 
 
 ' ii 
 
 ! I 
 
 i i 
 
 i.; 
 
 '¥' 
 
 ,'\i • 'W' 
 
 
 
 ! 
 
 m 
 
 
 ill; 
 
 i 
 
 "I !■• 
 
 I 
 
 ■liii 
 
 1;; 
 
 w 
 
 it:' 
 
 
 94 Conjlitution of the Rritish CoLONiES 
 
 cations of the Delegates j and in cafe of a va- 
 cancy, the Speaker iffues his Warrant for thc^ 
 Eledion of another Member, of which, at Icaft, 
 ten days clear notice muft be given. The Houfe 
 of Delegates originate all money bills — propofe 
 bills to the Senate — receive bills offered by them^ 
 and aflent, dilTent, or propofe amendments 
 thereto — inquire, by oath, into all complaints, 
 grievances, and offences, as the grand inqucft of 
 the State — commit for any crime to the public 
 goal, till difcharged by due courfe of law— expel 
 a member for a great mifdemeanor, but not a 
 fecond time for the fame offence — examine and 
 pais all accounts of the State, relating to the col- 
 lection or expenditure of the revenue, or appoint 
 auditors to adjuft them — call for perlbns, papers,' 
 and records—and direft the prdfecution of all of- 
 fice bonds, made payable to the State; 
 
 They alfo imprifon for a contempt in their 
 view — obftruftiori to their proceedings — breach 
 of privilege by afrcfting (on civil procefs) or af- 
 faulting a Member in the Seffion, or coming to 
 or returning from it — aflaulting or obftrufting 
 their Officers on duty, or a witnefs or other per- 
 fo'n, attending on, coming tOj or going from the 
 Houfe — or refcuing a perfon committed by them : 
 and the Senate exercifes the fiime powers in 
 limilar cafes. 
 . The Houfe of Delegates appoint a Treafurer 
 for the Weftern, and aindther for the Eaftern 
 Shore, and alfo the Commiffioners of the Loan 
 Office during pleafure, but if a vacancy happens 
 in the recefs of the General Aflembly, the Go- 
 vernor, with the advice of Council^ appoints and 
 commifllons a proper perfon to fill up fuch va- 
 cancy, till the General Afiembly meets, which 
 they do annually on the firft Monday ^f No- . 
 
 vcmbcr, 
 
in North America, &c. 9J 
 
 vember, and ofcener, if neceflaryj and each 
 Houfe appoints its own Officers, and fettles its 
 own rules of proceeding. And the ftyle of the 
 laws, is, " Be it enabled by the General AfTembly 
 " of Maryland,'* when a bill pafTes, the General 
 AfTembly, the Speaker of the Houfe of Dele- 
 gates prefents it to the Governor in the Senate, 
 who figns it, and affixes the Great Seal thereto in 
 the prcfence of both Houfes. 
 
 There is a Court of Appeals, compofed of fc- 
 veral perfons, whofe judgment is final in all ap- 
 peals from the Court of Chancery, General Court, 
 and Court of Admiralty ; the Chancellor is ap- 
 pointed by the Governor (with the adricc and 
 confent of the Council) during good behaviour, 
 and is removable only for mifbehaviour, on. con- 
 viction in a Court of Law, or addrefs of the Ge- ' 
 neral AflTembly. The fuperior Court of common 
 law, which was formerly called the Provincial 
 Court, is now called " the General Court," and 
 has three Judges, who are appointed by the fame 
 authority, that appoints the Chancellor, continue, 
 during good behaviour,, and are rcmoveablc only ; 
 for mifbehaviour, by convid^ion gt laW, or ad-j 
 drefs of the General AfTembly. All ;yrits rgn in 
 the name of " Thje State of Maryland j" and in- 
 didments conclude, " againft the peace, govern- ' 
 " menti and dignity of the State.'* 
 
 The trial by Jury remains, and the common * 
 law of England; and fuch Knglifh and Britiih , 
 Statutes as were formerly ufed in the Courts of 
 Law and Equity j and alL Ads of AfTembly, 
 down to the firft of June 1774 (except fuch as 
 are altered by the Convention, &c.) remain in 
 I force, until amended or repealed by the legifla- 
 ture. There is no. religious eftablifhment, nor 
 is any teft required on admiffion into office, ex- ^ 
 ccpt the Oath of Fidelity to the State — the Oath' 
 
 ^ 
 
 i 
 
Ml '• 
 
 |, :i .1,1! 
 
 ' I. 
 
 :V ! 
 
 i ^ :ii 
 
 M« I- 
 
 nt 
 
 96* Conjlifutkn'efthe BRfThrt CoLONfBs 
 
 of Office — and a declaration of Belief in the 
 Chriftian Religion. A gift, fale, or devifc to a 
 Teacher of the Gofpel, or to any religious Se£l, 
 or in truft for their ibpport, and to ga in fucccf- 
 lion, without leave of the Legiflature, is void, 
 except a fale, gift, Ac. not exceeding two acres, 
 f6r a Church, &c. or burying Ground i but the 
 Churches, Chapels, Glebes^ and other property 
 belonging to the Church of England, at the time 
 the Conftitution was adbnted to, are to remain to 
 the Church of England for ever. 
 
 No partof the Conftitution is to be altered or 
 abolilhcd, vnlcfs the bill, for that purpofe, 
 pafles the General AiTembly, is publifhed three 
 months before the next EJedion, and is confirmed 
 by the General Affembly in the firft Seflion after 
 the new Eledion of Delegates, 
 
 Virginia. 
 
 This Conllitmion or form of Government of 
 Virginia vas agreed td in a General Convention, 
 hskl'ac Wil^am^urghj from the 6th of' May to 
 the 5thof Jtily 1776; 
 
 'Kie legiflatfve, esieeupv^, and judie?ai*f d*^ 
 partments, are to be fe|>a»ice and difKni^, fo that 
 neither is to exercifc thepowferspropeffy belong- 
 ing to the others} nor is' any perfon td exercifc 
 the powers of more than one of' them' at the i'ainfic 
 time, except that the Juftices of the Cotinty 
 Cburts are 'eligible to eithc^r tioufe of Afllrm^bly. 
 
 The Governor or Chief Magillrat« is' chofen 
 arifHually by joint? ball6t'of ^bdtJi Hdufes of Af- 
 fdmWy— hecafl continue no longerthanthreei^ears 
 fuocefllVely, and is not eligible > until * four ' years 
 after'hehaS'fceeft out of oflke.' He haaan adt*' 
 qnatcy but^tnoderate falary, and with' the ' advice 
 of the Coun^loT Sc^cc^ exerciies the executive 
 
 powers 
 
in North AM^RibA, ice. 
 
 97 
 
 rowers of Government, according to the laws of 
 the Commonwealth ; but is not, under any pre- 
 tence, to exercife any power or prerogative, by 
 virtue of any lawj cultom, or ftatute of England* 
 But he may> with the advice of the Council of 
 State, reprieve, or pardon, where the profecution 
 is not carried on by the Delegates, or the law 
 otherwife direds 5 in which cafes, no reprieve or 
 pardon can be granted, but by refolve of the 
 Houfe of Delegates. 
 
 A Privy Council or Council of States confift-* 
 ing of eight Members, is chofcn by joint ballot 
 of both Houfes of AfTembiy, either from their 
 own Members, or the people at largej to aflift 
 in the adminiftration of Government; The , 
 Council, out of their own members^ annually 
 chofe a Prefident, who in the death or abfence of 
 the Governor from the Government, a6ls as 
 Lieutenant Governor. Four Councillors make a 
 board — their advice and proceedings are entered 
 on record — figned by the Members prefcnt (to 
 which cither may enter his diflent), and are laid 
 before the General Aflembly, when called for* 
 A fum appropriated by the Legiflature is divided 
 amongft the Councillors annually, in proportion 
 to their attendance j and whilft CouncillorSj they 
 cannot fit in cither Houfe of Aflembly. Every 
 third year, two Councillors are balloted out by 
 both Houfes of Aflembly, and they are ineligible 
 for the next three years j and all vacancies in the 
 Council are fupplied by new Eledion, by ballot 
 of both Houfes of Aflembly. The Council ap- 
 points their own Clerk, who has a fettled falary, 
 and fwears to keep fecret fuch matters as th« 
 board directs. The Governor, with the advice 
 of the Council, embodies the militia, and has the 
 folc diredion of them ) and with the like advice 
 
 H (and 
 
 :t 
 
 k 
 1 
 
 I 
 
 :hi ,! 
 
.'.Ii' 
 
 li ; 
 
 il', IlKMi 
 
 
 ^lil.,: '■!! 
 
 'Ml 
 
 .•I 
 
 n i J 
 
 hii 
 
 99 Conftitution of the British Colonies 
 
 (and the recommendation of the rcfpcflive 
 County Courts) he appoints or fufpends militia 
 officers — orders a court martial, on complaint of 
 mifbehaviour or inability, and fupplies vacancies, 
 when happening in adlual fervicc — appoints Juf- 
 ricrs of the Peace — and approves of and commif- 
 fions Sheriffs and Coroners, when nominated by 
 the refpfdlivc County Courts — and the Jufticcs 
 appoint the Conftables. 
 
 The Judges of the Supreme Court of Appeals 
 of the General Court, of the Chancery, and of 
 the Admiralty, and the Secretary and Attorney 
 General, are appointed by joint ballot of both 
 Houfes, during good behaviour, and the Trea- 
 furcr for one yearj but they arc commiffioned by 
 the Governor, and all commiflions and grants 
 run in the name of, ** The Commonwealth of Vir- 
 ginia," are under the Seal of the Commonwealth, 
 and teftcd by the Governor. The Governor 
 (when he is out of office) the Judges of the Ge- 
 neral Court, and all other officers, are impeach- 
 able by the Houfe of Delegates for mal-admini- 
 ilration, corruption^ or otherwife endangering the 
 fafety of the State, The Attorney General (or 
 other perfon appointed by the Houfe of Delegates) 
 profecutes the impeachment in the General Courr, | 
 according to the laws of the land, unlefs the 
 Judges of the General Court are the fubje6ts of 
 it, in which cafe, it is profecuted in the Court of 
 Appeals^ and if the delinquent is found guilty, 
 he is difabled to hold any office under Govern- 
 ment, is removed from it pro tempore^ or fub- 
 je6ted to fuch pains or penalties as the law 
 diredts. 
 
 The two diftinft branches, called ••^TheSc- 
 " natc," and " The Houfe of Delegates," fornii 
 
 complete 
 
in North America, Sec. 
 
 99 
 
 complete Lcgiflaturc, and are named " The Gc« 
 *« ncral Aflcmbly of Virginia." 
 
 The Senate confids of twenty four Members, 
 thirteen conftitutea Houfc to proceed to bufinefs. 
 For their Election, the different Counties arc 
 divided into twenty-four diftridls, and each 
 County, in a diftrifl fat the time of elefling De- 
 legates) votes for one Senator, who is a refident 
 and freeholder within the didridV, or duly qualified 
 according to law, and is upwards of twenty-five 
 years of age. Within five days after the Eledlion, 
 the Sheriffs of each County meet ; and, from the 
 poll taken in their refpedlive Counties, return, as 
 a Senator, him who has the greateft number of 
 votes in the whole diftrift. To keep up this Af- 
 fcmbly, by rotation, the diftridls are equally di- 
 vided into four claffes, and numbered by lor. At 
 the end of one year, after the General Election, 
 the fix Members eleded by the firfl: divifion are 
 difplaced, and the vacancies occafioned thereby 
 are fupplied from fuch clafs or divifion, by new 
 Election, in the manner beforementioned. This 
 rotation is applied to each divifion, according to 
 its number, and continued in due order an- 
 nually. 
 
 The Houfe of Delegates confifts of two Repre- 
 fentatives chofen for each County, and for the 
 diftridl of Weft Augufla annually-, if adual re- 
 fidents or freeholders in the fame, or thofe duly 
 qualified according to law : and one Delegate or 
 Reprefentative is chofen annually for the city of 
 Williamfburgh, one for the borough of Norfolk, 
 and one for each of the other cities and boroughs, 
 to whom the Legiflature may in future allow a 
 particular reprefentation. But when a city or 
 borough decreafes fo, that the number of Voters, 
 for fevcn years fuccellively, is reduced lower than 
 
 H 2 the 
 
I. ij 
 
 if 
 
 I 
 
 
 
 .liji 
 
 :|r!;,'i4vl 
 
 KM 
 
 I '. 
 
 iijii 
 
 ,,^i ' 
 
 »'! ill 
 
 " 1 
 
 i.;ibi;„ 
 
 
 ,; : ( '■! 
 t'f" 
 
 i-l 
 
 
 J : : 
 
 si t, 
 
 foo Ccnflitutidn ef the British CoLONifis 
 
 the number of Voters in fome one County in Vlr* 
 ginia, fuch decayed city or borough tiicnccforth 
 ceafes to fend a Delegate or Reprefentativc to the 
 General Aflembly. 
 
 The right of fuffrage in the Elecflion of Menni- 
 bers for both Houfes, remains as it was at the 
 time the Conftitution was agreed to. Each 
 Houfe choofes its own Speaker — appoints its own 
 Officers — fettles its own rules of proceeding— and 
 direfls Writs of Eledlion for fupplying interme- 
 diate vacancies. All laws originate in the Houfe 
 qf Delegates, may be approved of, or rejcded by 
 the Senate, or may be amended by them, with 
 confent of the Houfe of Delegates, except money 
 bills, which in no inftance can be altered by the 
 Senate, but muft be wholly approved of, or re- 
 jedled by them. Either Houfe of the General 
 Aflembly may adjourn itfelf. The Governor 
 cannot prorogue or adjourn them during their 
 SePion, nor diflblve them at any time s but by 
 advice of the Council of State j or on an applica- 
 tion of a majority of the Houfe of Delegates, he 
 mayy if neceflary, call them before the time to 
 which they ftand prciogued or adjourned. 
 
 All efcheats, penalties, and forfeitures, which 
 formerly went to the King, now go to the Com- 
 monwealth, except fuch as the Legiflature may 
 abolifh, or otherwife provide for. 
 
 Writs run " In the name of the Common- 
 «< wealth of Virginia j" and are tefted by the 
 Clerks of the feveral Courts, out of which they 
 ilfue. Indi(5lments conclude, " Againfi: the peace 
 «* and dignity of the Commonwealth.'* 
 
 The territories contained within the Charters, 
 erecting the Colonies of Maryland, Pennfylvania, 
 North and South Carolina, arc for ever confirmed 
 to thofe Colonies refpcdively, with all rights 
 
 J what- 
 
 
in North America, &c. 
 
 ICI 
 
 ommon- 
 
 whatfoever which Virginia might have thcnto- 
 fore claimed, except the fpce navigation and ufe 
 of the Rivers Potomaqiie and Pokomoque, with 
 the property of the Virginia fliores and flrands, 
 bordering on cither of the Tiid rivers, and all im- 
 provements made or to be made thereon. The 
 weftern and northern extent of Virginia, in all 
 other refpeds, ftands, as fixed by the Charter of 
 King James I. in the year 1609, and by the 
 treaty of peace between Great Britain and France 
 in 1763, unlefs the Virginia Legiflature fhould 
 eftablirh one or more Governments, weftward of 
 the Allegheney Mountains; and no purchafes of 
 lands are to be made of the Indian natives, but on 
 behalf of the public, by authority of the General 
 Affembly. 
 
 The Delegates to the Continental Congrcfs 
 are chofen annually, by joint ballot of both 
 Houfes of AflTembly ; and may, in the mean 
 ;ime, be fuperfeded in the fame manner. 
 
 North Carolina^ 
 
 The Conftitution or form of Government of 
 North Carolina was agreed to, and refolved 
 upon, by the Provincial Congrefs afTemblcd at 
 Halifax, D*"cember 18, 1776. 
 
 The Governor, and feven Councillors of State 
 (to advife him in the execution of his office) are 
 annually eleded by the Senate and Houfe of Com- 
 mons jointly, by ballot, at their firft meeting after 
 each annual Eleflion. The Governor is Captain 
 General and Commander in Chief of the Militia j 
 and, in cafe of his death, inability, or abfence 
 frorh the State, tne Speaker of the Senate ex- 
 ercifes the powers of Government j and in cafe of 
 his death, &c. the Speaker of the Houfe of Com- 
 
 H 3 monsj 
 
 % 
 
 f 
 
!} 'i' 
 
 W' I.'! 
 
 '«■:,!: 
 
 ■ili'lll'! i! 
 
 f i'V 
 
 mi 
 
 ■te 4.f' 
 
 ■ i'^ 
 
 1 'I 
 
 
 '■'Ni : 
 
 i 
 
 I i'l': ili 
 
 :':..lll' 
 
 loa Conftitution of the British Colonies 
 
 rnons, until the return of the abfentce, or a new 
 nomination by the Houfc of Commons. Four 
 Councillors make a quorum, their advice and 
 procecding-s are entered on a journal, and figned 
 by the Members prcfcnt, who may either of them 
 enter his diffent to any part of it j and the journal 
 is to be laid before the General Aflembly when 
 called for, in which no Councillor can fit. The 
 Governor draws for, and applies fuch monies as 
 are voted by the General Aflembly for the con- 
 tingencies of Government, and is accountable to 
 them for the fame. With the advice of the 
 Council of State, he lays embargoes— prohibits 
 the exportation of any commodity in the rccefs of 
 the General Aflembly, not exceeding thirty days 
 at a time — grants pardons and reprieves (except 
 where the profecution is carried on by the Ge- 
 neral Aflfembly, or the law direds otherwifcj 
 and, in that cafe, he may, in the recefs of the 
 General Aflembly, reprieve until they fit again), 
 and exercifes all the other executive powers of 
 Government, as limited by the Conftitution and 
 laws of the State. 
 
 The legiflative authority is vefted in two 
 diftind branches, " a Senate," and *^ Houfe of 
 f* Commons," both dependent on the people. 
 
 The Senate is compofed of Reprefentatives 
 annually chofen by ballot, one for each County 
 in the State, by the Freemen, aged twenty-one, 
 who have refided within the State a year next be- 
 fore the Eledion, and own fifty acres of land 
 apiece at the time of the Eie6tion, and had it for 
 fix months next before. 
 
 And Freemqn who have paid public taxes, 
 and are, in other refpeds, qualified as above- 
 mentioned (except as to land, which is not ne- 
 Cfffary) annually chofc by ballot two Members 
 
 ^ of 
 
in North America, &c. 
 
 ios 
 
 of the Houfe of Commons for each County (in 
 which the Voters refidej, and one Member for 
 each of the Towns of Edentown, Ncwbern, Wil- 
 mington, Sa'ifbury, Hillft)orough, and Halifax, 
 But each Member of the Senate, and of the 
 Houfe of Commons, muft have ufually rcfided 
 one year next before the Election, in the County 
 in vvhich he is chofen -, and the Senator muft own, 
 at leaft, three hundred acres of land in fee ; and the 
 Commoner, at lead, one hundred acres in fee or 
 for life, and muft have had it for fix months next 
 before the Election, 
 
 " The Senate," and « The Houfe of Com- 
 ^* mons,'* alfembled for the purpofe of legifla« 
 tion, is denominated, ** The General Alfembiy." 
 
 Each Houfe choofes its Speaker and other 
 Officers — ^judges of the qualifications and eledlion$ 
 of its Members — fits upon its own adjournments 
 from day to day — and prepares bills to be pafled 
 into laws. The two Houfes direft Writs of 
 Elcdion for fupplying intermediate vacancies j 
 and alfo, jointly, by bailor, adjourn themfclves 
 to any future day and place. All bills are read 
 three times in each Houfe, and figned by the 
 Speakers of both Houfes, before they pafs into 
 laws. And neither Houfe can proceed to bu- 
 fincfs, ur.lefs the majority of the Members is pre- 
 fcnr. Every Member of the Legiflature, before 
 he fits, muft take an oath to the State i and every 
 one appointed to an office, before he enters on 
 the execution of ir, muft take an oath to the State, 
 anJ an oath of office. 
 
 1 he Senate an 1 Houfe of Commons, by joint 
 ballot, appoint Judges of the Supreme Courts of 
 Law and Equity - Judges of the Admiralty and 
 Attorney General (duimg good behaviour) — 
 Generals and Field Officers of the Militia — and 
 
 H 4 all 
 
'lil"'V:S 
 
 ;',■■: 
 
 I .!/ 
 
 ■:i:'iii :!;.«« 1.1 
 
 ;:i: \m 
 
 i i'!!i 
 
 .1' •. i 
 
 ,,ll l|l;| 
 
 r*i''i:' %H:,!i!,:, 
 
 ^iBmi 
 
 ;; '« 
 
 1 k 
 
 '!(;;■,! 
 
 ■m''^' 
 
 { I 
 
 .Hi ii 
 
 ,ri,i! 
 
 M 't1 
 
 IP4 Conftitut.ion of the British Colonies 
 
 fill Officers of the regular army of the State— 
 Treafurers for the State (annually) — and a Secre- 
 l^ry for three years. 
 
 No receiver of public monpy, till accounted for 
 ^nd paid, can fit in the Legiflature, or hold an 
 office — and no Treafurer — regular Officer in the 
 Arnny or Navy — Contradlor pr Agept for fupply- 
 ing them — Judge of (he Supreme Court of Law 
 pr Equity — Judge of the Admiralty — Secretary 
 pf the State — Clergyman or Preacher of the 
 Gofpel — or perfon that denies the Being of God, 
 the truth of the Proteftant Religion — the divinp 
 authority of the Old or Ne\y Tcftament, or that 
 Isolds religious principle^ incompatitile with the 
 freedom and fafety of the Stgte, can fit in the 
 Legiflature or Council. And a perfon coming 
 within the above defcription of an Infidel, or 
 pf holding religious principles dangerous to the 
 3tate^ is alfo incapable of any offiqe in the civil 
 ficpartment, 
 
 Juftices of the Peace are reppmrnended by the 
 Legiflature, and hold during good be^haviour; 
 ^nd they, and all other officers are commilHoned 
 by the Governor. The Commiffions run ^* in 
 *.^ the name,'* and qnder " the Great Seal of the 
 f? State of South Carolina^" and are tefled and 
 figned by the Governor. No perfon can hold 
 more than one lucrative ofHce at a time j but the 
 appointments of Militia Officers, .and Jufl:ices of 
 the Feace, are not confidered as lucrative. 
 
 The Governor, and any other Officer, may be 
 profccuted, on impeachment of the peneral Af: 
 fembly, or prefentment of the Grand Jury, of 
 ^ny Supreme Court. 
 
 All Writs run, " In the name of the State of 
 << North Carolina," and are tefted and figned by 
 the Clerks of the refpe6tive Courts : s^nd indift? 
 
 - ments 
 
in North America, Sec, 
 
 i»S 
 
 iiiients conclude, " Againft the pe^ce and dignity ' 
 •* of the State." • • 
 
 The Legiflature is to regulate entails, fo as to 
 prevent perpetuities. The declaration of rights, 
 and the trial by Jury are to rerpain inviolable. 
 There is no religious eftabliftimcnt, but every 
 mode of worfnip is tolerated. Foreigners fettling 
 in the Stat.e, and taking an oath of allegiance td 
 it, may hold real eftafe, and after a year's rc- 
 fidence, are deemed free citizens. 
 
 Delegates to the Continental Congrefs are 
 annually chofen by ballot of the General Af- 
 fcmbly, and may be fupcrfeded, in the mean 
 time, in the fame manner, and cannot be eleAcd 
 for more than three years fucceflively. 
 
 The limits of the province are afcertaiiled 5 but 
 the legidature is not prevented from eftabliihing 
 one or more governments to ^he weftward. 
 
 The titles of perfons holding under the laws 
 formerly in force, or under grants made by King 
 George the Second, or his predeceflbrs j or the 
 Lords Proprietors are not affeftcd by the Confti- 
 tution. 
 
 South Carolina. 
 
 On the 26th day of March 1776, a Conllitu- 
 tion or form of Government was agreed to by the 
 Provincial Congrefs of South Carolina, and 
 " eftablifhed until an accommodation between 
 " Great Britain and America could be ob- 
 f« tained," 
 
 But on the 19th Pay of March 1778, an Aft 
 >vas pi^ed by the Prefident and Commander in 
 Chief, the Legiflative Council, and General Af- 
 fembly, intituled, " An Aft for cftablifhing the 
 •i* Conftitution of the State of South Carolina," 
 
 which 
 
 i: 
 

 
 11 
 
 
 «■■• 
 
 i i, 
 
 •;■(! 
 
 
 if:! ■ 
 
 jrtir! 
 
 
 l;!!;i);:::,;;i' ,: 
 
 ■'' '; 
 
 m 
 
 '%'>!: :'' 
 
 if! 
 
 » 
 
 &(■■::;' 
 
 
 ■''"'I 
 
 If 
 
 ■nil 
 
 f ''l 
 
 ' 'l|' 'I; 
 I si r 
 
 I if 
 
 r-i'tdii( 
 
 ■I 
 
 Wn il 
 
 1 (»"|!|; 
 
 296 Conjlitution of the British Colonies 
 
 which recites, that the Conftiturion in 1776 was 
 only temporary— that the United Colonies of 
 America were conftituted independent States, by 
 the declaration of the Continental Congrefs of 
 ,4th July 1776 i and that it therefore became nc- 
 ceffary to frame a Conftitution fuitable to that 
 event. It then proceeds to enad, that the ar- 
 ticles in that A6t, agreed upon in General Af- 
 fcmbly, are to be the Conftitution and form of 
 Government of the State, unlefs altered by the 
 legiflativc authority. 
 
 By that A<5t, the ftyle of the Country is there- 
 after to be, " The State of South Carolina j" 
 and the legiflative authority is veftedin a General 
 Aflembly, confiding of two diftinA bodies, " A 
 Senate," and " A Houfe of Reprefentacives," 
 who at their firft meeting after each Elcdliori, 
 jointly, by ballot, chofc (from among them- 
 felves, or the people at large) a Governor and 
 Commander in Chief, a Lieutenant Gv)Vfrnor 
 {both of them for two years) — a Privy Council of 
 eight Members for two years (haU of whom are 
 cleded yearly), all of whom muft be of the Pro- 
 teftant Religion. Each of them muil: have a 
 freehold of the clear value of 10,000/. currency; 
 the Governor and Lieutenant Governor mult 
 have refided in the State for ten years j and each 
 of the Councillors for five years, next preceding 
 his Ele<5tion, and on ^heir Elt(flion, they mud re- 
 fpeflively take an oath of qualification in the 
 Houfe of Reprefentativcs. Tnere etmO: be a ma- 
 jority of both Houfes prefent to elecl a Governor 
 or Lieutenant Governor. The executive autho- 
 rity is veftcd in the Governor and Commander in 
 Chief (who fervcs two years, and cannot be re- 
 cle(5lcd till the end of four) j but he cannot ad- 
 journ, prorogue, or diflblve the General Af- 
 
 fembly 
 
in North America, fire. 
 
 107 
 
 fembly ; however (with the confent of the Privy 
 Council) he may, if neceflfary, convene them 
 before the time, to which they ftand adjourned* 
 He cannot commence war, conclude peace, or 
 enter into final treaty, without the confent of the 
 Senate and Houfe of Reprefentatives j but, with 
 the confent of the Privy Council, he may, in the 
 reccfs of the General Affembly, lay embargoes, 
 or prohibit the exportation of any commodity, 
 not exceeding thirty days. 
 
 If the Governor is impeached, or his place va,- 
 cated by removal, death, &c. the Lieutenant 
 Governor fucceeds him for the remainder of the 
 time; and the Privy Council choofes another 
 Lieutenant Governor out of their body. And if 
 the Lieutenant Governor is impeached, or his 
 place vacated by removal, death, &c. the Privy 
 Council chofe one of themfelves to fucceed hini 
 for the remainder of the time, or till a new nomi- 
 nation by the General Affembly. 
 
 The Privy Council confifts of the Lieutenant 
 Governor and the eight Councillors, five of 
 whom make a quorum, to advife the Governor 
 and Commander in Chief, when required j but 
 he is not bound to confult them, unlefs the law 
 direds it. If, during the recefs of the General 
 Affembly, a Councillor dies, or departs the State^ 
 the Privy Council chofe one in his room, until 
 the LegiQature nominates another. The Clerk 
 of the Privy Council keeps a regular journal of 
 their proceedings, to be laid before the Lcgifla- 
 ture when required by either Houfe j and any 
 Councillor, that defires it, may enter his opinion, 
 wirh the reafons at large. The Governor may, 
 under his hand and feal, empower a Councillor 
 to act in his room, where he and the Lieutenant 
 Governor arc fick or abfcnt from the feat of Go- 
 vernment, 
 
 11. s 
 
m 
 
 I i,i. 
 
 
 1,i:'H 
 
 ■M.: P ^ 1. I 
 
 toS Cenftiiution of the British Colonies 
 
 ycrnmcnt, and whilft fuch Councillor a6ls for the 
 Governor, he does not vacate his feat in the Lcr 
 giQature or Privy Council } but no Military Of. 
 ficer. Judge or Father, Son or Brother of ihc| 
 Governor, can be a Privy Councillor. 
 
 On the jail Monday in Novennber, in every I 
 fecond year, the Senators, and the Members of 
 the Houfc of Reprefentatives, are chofen for thcj 
 Parifhes and Diftridls (to meet on the firft Monday 
 , in January following), by free white Men, who ac. 
 knowledge the being of a God, believe in a future 
 |late of Rewards and Puniihments, have attained 
 twenty-one years of age, and have refided in the 
 State pne year before the ele<5lion. — And each 
 Voter mud have a freehold of fifty acres of land, 
 or a town lot, and owned it for fix months before 
 th6 eleftion j or muft have been taxed for fix 
 months before the eledion, in a fum equal to 
 that raifed on fifty acres of land. Any Kledlor, 
 if required, muft take an Oath or Affirmation of 
 |iis qualification. 
 
 Every Senator, and every Member of the Houfc 
 of Reprefentatives, muft be a Proteftant ; the Se- 
 nator muft be thirty years old, and have refide4 
 in the State at leaft five j ^nd if he refides in the 
 parifti or diftrift wherp chofen, he muft have a 
 freehold worth L. 2000 currency, clear of debt : 
 and if he does not refide there, he muft have a 
 freehold in the parifh or diftridl where ele^ed^ 
 worth L.7000 currency, clear of debt, 
 
 A Member in the Houfe of p.eprefentatives, 
 muft have refided in the State three years pre- 
 vious to his election, and if he does not refide in 
 the parifh or diftri£l where chofen, he muft have 
 a freehold there worth L. ^509 currency jj clear 
 of debt. 
 
 'm 
 
iH NoitTrt America, &c. 
 
 ic$ 
 
 Thirteen Senators make a quorum; but the 
 jPrefident, or any three Members> may adjourn 
 from day to day. Not lefs than fixty-nine Mem- 
 bers make a Houfe of Reprefentatives to do bufi- 
 nefs i but the Speaker, or any feven Members, 
 may adjourn from day to day. 
 
 The Senate and Houfc of Reprefentatives meet 
 lat the Seat of Governmenti unlefs war or ficknefs 
 renders it unfafe j in either of which cafes, the 
 Governor, with the confent of the Privy Council,' 
 mayj by proclamation, appoint a more conve- 
 jnient place. 
 
 All money-bills for the fupport of Govern- 
 Iment, originate in the Houfe of Reprefentatives; 
 the Senate cannot alter or amend tliem, but may 
 rejeft them j and no money can be drawn out of 
 the Public Treafury but by the legiflative au- 
 thority of the State. All other bills and ordi- 
 nances may take their rife in the Senate or Houfe 
 lof Reprefentatives, and may be altered, amended, 
 or rejeded, by either of them. Adls and ordi- 
 nances, when paffed the General Aflcmbly, have 
 Ithe Great Seal affixed to them by a joint Com- 
 mittee of both Houfcs, who wait on the Gover- 
 nor to receive and return the Seal, — They arc 
 then figned in the Senate Houfe, by the Prefi- 
 dent of the Senate, and the Speaker of the Houfe 
 of Reprefentatives i and from that time have the 
 force of a law, and are lodged in the Secretary's 
 (Office. 
 
 The Senate and Houfe of Reprefentatives re- 
 Ifpedively, enjoy all other privileges which the 
 Commons Houfe of Aflcmbly at any time claimed, 
 or exercifed. — Neither Houle hath power to ad- 
 IJourn itfelf longer than three days at a time, with 
 the confcnt of the other. — The Governor can 
 fieicher adjourn, prorogue, or diflblve thems but 
 
 with 
 
 ■i 
 
 mm 
 
 
 
 i 
 
 ra^^BMWt 
 
 9 
 
 
 
 i^hHhki 
 
 
 ■^K'-WjiI 
 
 nf 
 
 
 
 
 
■^m-* 
 
 V'} 
 
 fZt i> 
 
 ':4\i 
 
 
 ^■iiinr: 
 
 ■I'll' 
 
 no Conjlitution of the Br itish Colonies 
 
 with the conrent of the Council, he may, if nc- 
 ceflary, convene them before the time to which 
 they ftand adjourned. — If a bill hath been rcjedlcd 
 by cither Hoiife, it cannot be brought in again 
 the fame Seflion, without leave of the Houfe, and 
 ^\ days previous notice. — Each Houfe chufcs its 
 own Officers by ballot; and during a recefs, the 
 Prefident of the Senate, and the Speaker of the 
 Houfe of Reprefentatives, on giving not lefs than 
 three weeks, nor more than thirty five days no- 
 tice of election, iflfue writs for filling up, in 
 their refpedlive Houfes, vacancies occafioned by 
 death. 
 
 A Member of cither Houfe accepting any ap. 
 pointment, but that of a Militia Officer or Jufticc 
 of the Peace (except where he a(5ls for the Gover- 
 nor, in his abftnce or ficknefs) vacates his feat; 
 but may be re-ele6led, if he is not Secretary of | 
 State, a CommilTioner of the Treafury, an Officer 
 of the Cuftoms, a Regifter of Mefne Convey- 
 ances, a Clerk of a Court of Juftice, a Sheriff, a 
 Powder-Receiver, a Clerk of the Privy Council, 
 or either Houfe of LegiQature, Surveyor-General, 
 or Commiffary of Military Stores, neither of whom 
 can fit in either Houfe of Legiflature. 
 
 The Senate and Houfe of Reprefentatives joint- 
 ly, nominate the Juftices of the Peace during 
 pleafure, and all other Judicial Officers (except 
 thofe of the Court of Chancery, of which the 
 Lieutenant-Governor, and a majority of the Privy 
 Council are Judges), during good behaviour 
 (but removable on addrefs of ttie Senate and 
 Houfe of Reprefentatives) 3 the Sheriffs for two 
 years, two Commiflioners of the Treafury, the 
 Secretary of the State, the Regifters of Mefnc 
 Conveyances, the Attorney- General, Surveyor- 
 General, Powder- Receiver, Colkdtors and Compt- 
 rollers 
 
in North America, &c. 
 
 ttt 
 
 rollers of the Ciifloms for two years, and all Of- 
 ficers in the Army or Navy above the rank of 
 Captain. 
 
 But all thefe Officers are commiflioncd by the 
 Governor, who, with the confent of the Council, 
 appoints all other neceffary Officers during plea- 
 lure, and fills up the vacancies in thofc which 
 are in the appointment of the Legiflature, until 
 they cleft others. 
 
 Every civil and military Officer, before he afts, 
 muft take an Oath, " Acknowledging South Ca- 
 " rolina to be a Free, Independent, and Sove- 
 " reign State *, abjuring the King of Great Bri- 
 << tain, fwearing to defend the State againd him, 
 <* his heirs, fucceffors, abettors, &c. (to the ut- 
 " moft of his power), and to ferve the State with 
 " fidelity nd honour.'* 
 
 The Houfe of Reprefentatives can impeach all 
 Officers of the State, for mal and corrupt con- 
 duft, who are not amenable to any other Jurif- 
 didlion ; but two-thirds of the Members prefent 
 muft confent to it j the Senators, and fuch Judges 
 of the State as are not Members of the Houfe of 
 Reprefentatives, try the impeachment, and take 
 an Oath, " Truly and impartially to try and dc- 
 " termine the charge in qucftion, according to 
 " evidence," Two-thirds of the Members pre- 
 fent muft agree in every judgment, except that 
 of acquittal, and the party accufed is allowed 
 counfel. 
 
 All Perfons and religious Societies are tolerated, 
 who acknowledge one God, a future ftate of re- 
 wards and puniihmcnts, and that God is publicly 
 
 • I fhudder when I read this Oath, which many in South 
 Carolina muft abhor ; but as the King has not a more loyal 
 Servant than I am, I hope I ihall not be blamed for fetting 
 oat the fubftance of the Oath in this Publication. 
 
 
 f 
 
Bi'ii: 11 
 
 \M 
 
 MM 
 
 ';:'■[ 
 
 ,! fV 
 
 
 iU 
 
 tti Conftitution of the British Colonies 
 
 to be worfhippcd. — But none except Chriftian 
 Protedancs (of all denominations) are eftablilhed, 
 and they enjoy equal religious and civil privi- 
 leges. — The refpedlive Societies of the Church of 
 England continue incorporated 3 and they and all 
 other religious Societies hold the property they 
 pofTelTed at the tinne the Ad was made. — And 
 whenever fifteen male Proteftants, not under 
 twenty-one years of age, agree to unite in a So- 
 ciety, for the purpofes of religious worfliip, they 
 fliall (on complying with the terms thereafter 
 mentioned) be conftituted a Church, and regard- 
 ed in law as of the EftabliQicd Religion of the 
 State i and on a petition to the Legiilature ihall 
 be incorporated, and enjoy equal privileges* But 
 every fuch Chriftian Society mull give itfelf a 
 name, by which it (ball be called and known in 
 law I and all that aflbciace with them for the pur* 
 pofes of worfhip, fliall be efteemed as belonging 
 to the Society fo called. But previous to the 
 Eftabliftiment and Incorporation, every fucH So- 
 ciety mufl: fubfcribe in a Book the following five 
 Articles, or elfe it cannot entitle itfelf to be in- 
 corporated and edeemed as a Church of the Efta- 
 bliflied Religion of the State. 
 
 I ft. That there is one eternal God, and a fu- 
 ture (late of rewards and puniftiments. 
 
 2d, That God is publicly to be worftiippcd. 
 
 3d, That the Chriftian Religion is the true 
 religion. 
 
 4th, That the Holy Scriptures of the Old and 
 New Teftament are of Divine Infpiration, and 
 are the Rule of Faith and Pradtice. 
 
 5th, That it is lawful, and the duty of every 
 Man, being thereunto called by thofe that govern, 
 to bear witnefs to truths 
 
 But 
 
 m 
 
in North America, ice. 
 
 "3 
 
 But it is provided, that every one, when called 
 to make an appeal to God, as a witncfs to 
 truth, (hall be permitted to do it in that way 
 wliich is moil agreeable to the dictates of his own 
 confcience. ^ , 
 
 The majority of every religious Society, or the 
 pcrfons appointed by them, have a right of clcft- 
 ing their own Clergy ; but no Minifter can offi- 
 ciate until he has fubfcribed the above Five Ar- 
 ticles, and alfo made and fubfcribed the Declara- 
 tion fct forth in the Conftitution.— And no Mi- 
 nifter of the Gofpcl, or public Preacher of any 
 religious perfuafion, is eligible as Governor, Lieu- 
 tenant-Governor, a Member of the Senate, Houfe 
 of Rcprcfentativcs, or Privy Council, nor till two 
 years after he has ceafed to exercife his padoral 
 fundlion. 
 
 The Delegates to the Continental Congrefs 
 I are annually chofen by joint ballot of the Senate 
 and Houfe of Reprefentatives, and no Member 
 of the LegiQature vacates his feat on being chofen 
 {a Delegate. 
 
 No part of the Conftitution can be altered, 
 Iwithouc ninety days previous notice, and the con- 
 fent of a majority of the Members of the Senate 
 and Houfe of Reprefenutives. 
 
 Georgia. 
 
 Few Countries have undergone fo many changes 
 las Georgia has, in the courfe of Bfty years. His 
 late Majefty King George the Second, by Letters 
 Patent of the 9th of June, in the fifth year of his 
 Ireign (which was 1732), granted feven-eighths of 
 jail the lands, from the Northern Stream of the 
 JRiver Savannah along the Sea-coail, to the molt 
 |Southern Stream of the River Alatamaha, and 
 
 I Weftward, 
 
I 
 
 
 i'l' ''I 
 
 
 I if 
 
 ^i 
 
 I :Ui 
 
 
 r:i, 1 .. .] 
 
 I M 
 
 11 •'' 
 
 ■iipi: II 
 
 I'M : ;r 
 
 "I I I'll 
 
 '!;:ii!. 
 
 114 Conftitution df the British Colonies 
 
 Weftward, in direct Imcs, to the South Seas, and 
 all the Iflands to the Eaft within twenty leagues 
 of the coafl, to the Truftees for cftablilhing the 
 Colony of Georgia in America, and their fuccef- 
 (brsi and ere(5led .thofe territories into one inde- 
 pendent and feparate Province, by the nanie of 
 Georgia, with a power of Legiflation, &c. in 
 the Truftees for twenty-one years, when fuch 
 form of government was to be eftabliihed, as 
 the King or his fucceflbrs fhould appoint, and 
 ihould be agreeable to law. 
 
 Mr. Oglethorpe (now the Senior General in his 
 Majefty*s fervice), was the firft Truftee*s Governor 
 of Georgia. He arrived with the Settlers from 
 England at Beaufort in South Carolina on the 
 aoth of January 1732-3, Old Style, and in Georgia 
 in February following. 
 
 On their landin^Jthey met only one white man, 
 who was an Indian trader 5 for although the] 
 country now called Georgia was included in the 
 Charters of the Lords Proprietors of Carolina, 
 and grants had from time to time been made of | 
 lands on the South fide of the River Savannah, 
 yet the Indians had either cut oflFor driven away 
 thofe who attempted to fettle them : but there werc| 
 feveral Indians fettled at a place called Yamacraw, 
 within a quarter of a mile of the fpot where the 
 town of Savannah now ftands. Thofe Indians 
 received General Oglethorpe and the Settlers witfii 
 great courtefy, and permitted them to fettle in 
 the country; for the General (hewed great addrcft 
 in conciliating the affedlions of the Indians, and 
 no difturbances happened between them and the 
 white people, until after General Oglethorpe left 
 
 the country. When I went to Georgia in thc| 
 
 year I'jG^ fomc of the firft Settlers were alive, 
 
 from 
 
in North America, Scci 
 
 it$ 
 
 frorti whom I learned feveral fafts relative to the 
 firft fettlement of that country. 
 
 The Truftees, during their Government of 
 Georgia, enafted three laws for that country: 
 one of them was a law to prevent the importa- 
 tion of negroes and rum j and another of them 
 was a law for the purpofe of regulating the 
 trade with the Indians, and laying a tax on the 
 Indian traders, for defraying the charge of the 
 falaries allowed by the Truftees to their Officers 
 in Georgia : and the Colony, which was thus taxed 
 by a law enaded by the Truftees Council at a 
 i Tavern, in London, afterwards denied the right 
 of Parliament to tax the Colonies, and joined in 
 Ithe Civil War. 
 
 On the aoth of June 1752, the Truftees fur- 
 Irendered their Charter to his late Majefty King 
 George the Second 5 but he being then in Hano- 
 [ver, the Lords Juftices continued the form of 
 [Government by a Prefident and Afliftants (under 
 "lis Majefty), until the King ftiould make other 
 )rovirion for the goviernment thereof: and on 
 the 6th of Auguft 1754, John Reynolds, Efq; a 
 [Captain in the Navy, was appointed the fiilt 
 'jng*s Governor of Georgia, who arrived there 
 the Oflober following, and took upon himfelf the 
 government of the Province on the 30th of that 
 lonth. 
 
 Georgia made but little progrefs in population 
 »nd agriculture during the government of Mr. 
 leynoids, and his immediate fuccclTor Mr. Ellis; 
 Hit under the long adminiftration of Sir James 
 ''right, the laft Governor, it made fuch a rapid 
 >rogref§ in population, agriculture, and com- 
 merce, as no other country ever equalled in fo 
 iort a time. — By his Majefty*s Proclamaition of 
 [he 7 th of Odtober 1763, the lands between the 
 
 I 2 rivers 
 
 
 ta 
 
 If 
 
 iKwH 
 
 ;|| 
 
 i ami 
 
 •' f 
 
 % IhxeB 
 
 '# 
 
 1 Bffin 
 
 
 p-^^ffiM 
 
 j 
 
 ■Mm 
 
 pfflU 
 
 f.i i- 
 
 wl^^Hfll^n 
 
 
 |^HM|n 
 
 ■, I *■'- N 
 
 ii^ 
 
■ .i 'I ''.'. 
 
 "i"' 'i.[ li 
 
 ,:■' I ,.1! 
 
 ^t;'.!!! 
 
 Mm. 
 
 til!: ■ £, 
 
 ■li ''f! 
 
 ii6 Confliktiion of tbt British Colonies 
 
 rivers Alatamaha and St. Mary were annexed to 
 Georgia, which made it a better rice Colony than 
 South Carolina, as it then contained noore good 
 River Swamp. 
 
 The difturbances broke out in the other Colo- 
 nies fome time before they reached Georgia, there 
 being a greater proportion of Loyalifts in that 
 Province than in any other of the Thirteen Co- 
 lonies : and it was not till the iSth of January 
 1776, that the Governor and Council were made 
 prifoners, and the King's Government was totally I 
 fubverted there. — Georgia continued in poffeflion 
 of the Americans until the 29th of December 
 1778, when his iVIajeily's forces under Lieutenant 
 Colonel Campbell landed there, and on the fame 
 day took poffeflion of Savannah the capital, and| 
 its neighbourhood. On the 4th of March 1 779, 
 the King's Civil Government was re-eftabliftied inl 
 Georgia, by proclamation i and matters bore a| 
 promifing appearance until the 12th of Septem- 
 ber following, when the Count D'Eftaign landedl 
 there, and on the 1 6th fummoned the Town ofl 
 Savannah to furrender to the arms of France.1 
 On the 9th of October following the be[iegen,| 
 confifting of about 4500 French, and 2500 Am^| 
 ricans, were repulfcd with confiderable lofs.-l 
 On the the 19th of Odober, the enemy quitted! 
 the lines before Savannah, and on the aift thtl 
 French embarked, and the Americans marchcdl 
 off to South Carolina, 
 
 During the fiege of Savannah, the enemy pluit*! 
 dered the country of moft of the moveable pro-l 
 perty ; and the Town of Savannah was greatlfl 
 injured by a heavy fire of cannon and morcars,! 
 for feveral days : but notwithftanding the reduced! 
 ftate of the country, and the frequent incurrio«| 
 of the enemy, by fea and landi the inhabitant! 
 
 bcga 
 
fw North America, &c.'C' 117 
 
 btgan to plant their lands ; and the King's loyal 
 lubje^ls 3atttTcd thcnnfelvcs that a few years would 
 rertore the Province to the fiouriihing (late it was 
 in before the civil war, until the melancholy 
 news of Lord Cornwallis's capitulation at York 
 Town reached Savannah, on th€ 9th: bf. Novem- 
 ber lySi* and reduced the inhabitants almoft to 
 a ftate of defpair. — To add to their affliction, an 
 exprels arrived at Savannah from Charlcftown, 
 on the 5th of December following, with an ao- 
 count of the enemy's marchinq; in force againft 
 Savannah ; and the names of fevcral wtre men- 
 tioned whom the Americans intended to put to 
 death when they entered the town. — Fortunately 
 for the Leyalirts, the enemy was not fo numerous 
 as they at firft expefled ; but foon afterwards the 
 communication between Savannah and the country 
 was for the mod part cut off. — On the 14th of 
 June 1782, orders were received at Savannah from 
 the Commanding Officer at Charl-ftown, for the 
 evacuation of Georgia } but the news did not 
 tranfpire till the following day. Nothing could 
 exceed the diftrefs to which the Loyalists were 
 then reduced j they had no other alternative but 
 that of leaving the country with the lofsof their 
 property (for little befides negroes could be car- 
 ried off), or of (laying behind with the profpedl of 
 the harllieft treatment from an enraged enemy. — 
 The embarkation took up fome weeks j the heat 
 of the weather was extreme j few evenings paffed 
 without a violent guft of thunder and rain. — The 
 Loyalifts were encamped on a fmall fandy IQand, 
 called Tybee, where there was no good water j 
 and the flies and mofquitos abounded beyond de- 
 (cription. — To add to their afflidlion, many were 
 apprehcnfive of being left hehind, for want of 
 Ihipping to carry them away : in this fitua- 
 
 I J tion 
 
 li I 
 
 Wbm Km 
 
 
 if 
 
 y 
 
 
 li 
 
I'll ■ J';i 
 
 ii^'i'i 
 
 \l\' 'i'H^ 
 
 
 i:i|.M' 
 
 :',i 
 
 •u !i 
 
 jMff^:R 
 
 f''i»hlir'fl 
 
 m 
 
 
 ■iri 
 
 fiB Confiituthn of the British Colonies 
 
 tion fcvcral died daily, from the heat of the fea- 
 fon, and the drinking pnwholefome water, — The 
 Editor returned to Georgia on the 14th of July 
 1779, find was not out of that Province until he 
 left it on the evacuation, which took place the 
 24th of Jwly^i782,whcn the laft divifion of tranf- 
 ports failed, He w^s a witnefs of fevcral melan- 
 choly fcenes that hs^ppened there in the courfe of 
 thofc three years j and if he is not out of pocket 
 by this work, he means, with God's leave, to 
 publifh a Narrative of the troubles that happened 
 in Georgia, as well before the Crown Officers left 
 that Province, on the fubverfion of the King's 
 Government in 1776, as frorr. his return to Georgia 
 in 1779, until the evacuation thereof in 1782, 
 having kept a di4ry of what pafTed j the whole of 
 which he has now by him, except one volume, 
 containing a period of fome months, which was 
 burned in his qq^rters during the fiege of Savan- 
 nah, p 
 
 In the following account of the Conftitution of 
 Georgia^ I have taken notice of feveral material 
 circumftances, in which it differs from that which 
 prevailed when it was under the Government of 
 the King of Grpat Britain. 
 
 On the aoth of April 1776, the Provincial Con- 
 grefs in Qeorgia made feveral orders and regula- 
 tions (which were to continue for iix months, or 
 until the further order of the Continental Con- 
 grefs), by which they appointed a Prelidcnt or 
 Commander in Chief, a Council, Judges, and 
 pther Qfjicers, and fixed the falaries they were to 
 receive. They alfo direded, that the Common 
 and Statute I^aw, and A6ls of Affcmbly thento- 
 for* in force in Georgia (which did not interfere 
 •with their proceedings, or thofc of the Contincnr 
 
in North America, &c. 
 
 119 
 
 tal Congrefs) fhould continue, until otherwife 
 ordered. 
 
 And the Conftitution of the State of Georgia 
 was unanimoully agreed to in Convention (ia 
 confequence of the recontimendation of the Con- 
 tinental Congrefs, and their declaration of Inde- 
 pendency), on the 5th of February 1777. 
 
 Whilft Georgia continued under the King's 
 Governmcnr, the Governor was appointed by his 
 Majefty during pleafure, as in all the Other Pro- 
 vincial Eftablilhments or King's Governments: 
 but now the State Governor is chofen annually 
 (by ballot) by the Reprefentatives of the People, 
 on the I ft day of their meeting; he muft have 
 refided three years in the State, and is eligible 
 only one year in three. The King's Governor 
 was Captain-General and Governor in Chief in 
 and over the Province of Georgia, and Chancel- 
 lor, Vice-Admiral, and Ordinary of the fame; 
 and was ftyled «« His Excellency." The State 
 Governor is Captain-General and Commander in 
 Chief over all the Militia, and other Military and 
 Naval Forces belonging to the State, and is 
 ftyled " His Honour." The King's Governor 
 was the firft branch of the Legidature, had a 
 power of rejecting all bills offered to him for his 
 afient, iffued writs for the eleding Reprefenta- 
 tives to fit in the Commons Houfe of Aflembly, 
 and convened, adjourned, prorogued, and diflblved 
 both Houfes of Legiflature, except that from 
 Saturday to Monday they might adjourn them- 
 felves.— The State Governor has not the leaft 
 ihare in the Legiflative Power ; he cannot adjourn, 
 prorogue, or diflblve the Houfe of Affembly j but 
 with the advice of the Executive Council, he has 
 power to call them together upon any emergency, 
 befgre the time to which they ftand adjourned. — 
 
 1 4 The 
 
 ,. ^1 
 
~m:\i,.:x'L 
 
 ' I 
 
 ■' : i^^lil 
 
 l,.^l|i .'^ii 
 
 M 
 
 *m, 
 
 . ■!' 
 
 
 \i 
 
 m 
 
 120 Conftitution of the British Colonies 
 
 The King's Governor was Chancellor of the Pro- 
 vince. — The State Governor has no judicial power 
 of any fort. — The King's Governor was Vice- Ad- 
 miral of the Province, and, as occafion required, 
 cxcrcifed the powers and authorities veiled in him 
 by his commifllon of Vice-Admiral. — It does 
 not appear by the Conftitution that the State 
 Governor has any fuch title s he conr.mands the 
 Naval Forces of the State, and, as I apprehend, 
 grants commiifions to privateers, &c. The King's 
 Governor was Ordinary of the Province, and as 
 fuch, he collated to all Benefices, and granted 
 Probate of Wills, and Letters of Adminiftration, 
 of Inteftates Eftates. — The State Governor has 
 no fuch authorities ; for every religious Sed 
 chufes its own Miniflers ; and there is now a Re- 
 gifter of Probates in each County, for proving 
 Wills, and granting Letters of Adminiftration.— 
 The King's Governor had the appointment to all 
 offices that became vacant^ until his Majefty's 
 pleafure was known, and his appointments to 
 many of them were never fuperfeded by the 
 Crown. — The State Governor has only the ap- 
 pointment of the Militia Officers, during good 
 behaviour i but all commiffions, civil and mili- 
 tary, are ifTued by him^ under his hand, and the 
 Great Seal of the Province 5 and he can fill up 
 all intermediate vacancies till the enfuing Elec- 
 tion. — The King's Governor was, in fome in- 
 ftances, reftrained by his inftrudions, and in 
 others by Aft of Affembly, from doing certain 
 Executive A6ts of Government, without the ad- 
 vice of the Council ; but there were cafes in which 
 fuch advice was not neceflary. — It does not ap- 
 pear by the Conftitution, that the State Governor 
 can do one Executive A6t of Government with- 
 out the advice of the Executive Council. — The 
 
 King's 
 
in North America, &c. 
 
 121 
 
 King's Governor could pardon all crimes except 
 tre.ifon and murder j and there he could only re- 
 prieve: he could remit no fine above ten pounds; 
 but he could fufpend the payment of ic until the 
 King's pleafure was known. — The State Governor 
 can neither pardon a crime nor remit a fine; but 
 he iiiay reprieve a criminal, or fufpend the pay- 
 ment of a fine, until the Aflembly meets, with 
 whom the power of pardon and remiflion lies. — • 
 The King's Governor could refidc in that part of 
 the Province which he thought moft convenient 
 for tranfafting the public bufinefs, and might 
 direft the Lcgiflature to meet there. — The State 
 Governor mull rcfide at i'uch place as the Houfe 
 of Affembly for the tirrre being (hall appoint; but 
 he is impowcred, with the advice of the Executive 
 Council, to cxcrcife the executive powers of 
 Government, according to the laws of the State, 
 and the Conftitution thereof. And he and every 
 other Officer of the State is liable to be called to 
 account by the Houfe of Aflembly. 
 
 The oaths taken by the King's Governor are 
 fet forth in the following part of this Work. — 
 The Slate Governor takes the following oath, 
 " I A. B. clcded Governor of the State of 
 Georgia, by the Reprefentatives thereof, do 
 folemnly promife and fwear. That I will, during 
 " the term of my appointment, to the beft of 
 " my (kill and judgment, execute the faid office 
 " faithf Jly and confcientioudy, according to law, 
 " without favour, afFeftion, or partiality : That 
 " I will, to the utmoft of my power, fupport, 
 " maintain, and defend the State of Georgia, 
 " and the Conftitution of the fame ; and ufe my 
 " utmoft endeavours to protedfc the people there- 
 ** of in the fecure enjoyment of all their rights, 
 <^ franchifes> and privileges ^ and that the laws 
 
 « and 
 
 cr 
 
 « 
 
 :ll 
 
'il.. 
 
 m 
 
 mm 
 
 •I W ''I'i -i 
 ' 'I :'l If 
 
 i'ri 1 
 
 122 Conftitution of the British Colonies 
 
 ** and ordinances of the State be duly obferved > 
 " and that law and juftice, in mercy, be executed 
 ** in all judgments. And I do farther folemnly 
 *' promife and fwear. That I will peaceably and 
 ** quietly refign the Government to which I have 
 ** been elected, at the period to which my conti- 
 ** nuance in the faid office is limited by the Con- 
 ** ftitution. And laftly, I do alfo folemnly fwear, 
 " That I have not accepted of the Government 
 «• whereunto I am ele6led, contrary to the Ar- 
 ** tides of this Conditution. — So help me God." 
 This Oath is to be adminiftered to the Gover- 
 nor by the Speaker of the Affembly : and the 
 Conftitution diredls the fame Oath to be admi- 
 niftered by the Speaker to the Prefident of the 
 Council. — Now it fecms ftrange how the Prefident 
 of ;he Council can fwear," That he is cledted Go- 
 ** vernor of the State of Georgia," or that he will 
 «' execute the faid office," &c. — The Governor's 
 Oath is part of the Conftitution, and is fet out in 
 it. — The Speaker of the Affembly is, by the Con- 
 ftitution, direded to adminifter the fame Oath 
 (that is the Governor's Oath) to the Prefident 
 of the Council, — The Speaker of the Houfe of 
 Affembly (as well as every other Member of that 
 Houfe) fwears, '< That he will execute the truft 
 *• repofed in him, to the fupport of the Confti* 
 *' tution, &c." And the laft Article of the Con* 
 ftitution fays, " That no alteration (hall be made 
 *' in this Conftitution, without Petitions from a 
 " majority of the Counties, and the Votes in each 
 *« County within the State : ^nd then the Af- 
 *« fembly is to order a Convention to be called 
 ** for that purpofe, fpecifying the alterations to 
 ** be made, according to the Petitions preferred 
 ** to the Affembly by the majority of the Coun* 
 
 <« ties 
 
 ♦ 
 
in North America, &c. 
 
 laj 
 
 rations to 
 
 <f ties as aforefaid." I cannot conceive how thefe 
 contradi6lions are to be reconciled. 
 
 The King's Council confifted of Twelve Mem- 
 Ibers in Ordinary, and Two extraordinary Mem- 
 bers, who were appointed by the Crown (during 
 pieafure), either by Mandamus to the Governor, 
 commanding him to admit them as fuch, or elfe 
 their names were inferted in the King's inftruc- 
 tions to the Governor : but when, by means of 
 death, or abfence, the number of Councillors in 
 the Province was lefs than fcven, in that cafe the 
 Governor could fill up the vacancies, fo as to in- 
 creafe the number of refident Members to feven, 
 until the King's pleafure was known. If the Go- 
 vernor was dead, or abfent from the Province, the 
 Lieutenant-Governor took the command, — was 
 Ityled " His Honour," and had half the falary and 
 half the fees whilft he adminiftered government ; 
 but when the Governor was on the fpot, the Lieu- 
 tenant-Governor had no falary or perquifite. If 
 the Governor and Lieutenant-Governor were both 
 of them dead, or abfent from the Province, then 
 the fenior Member of the Council in Ordinary 
 adminiftered Government, and had the fame al- 
 lowance as the Lieutenant-Governor, whilft his 
 command continued. But neither of the two ex- 
 traordinary Members of the Council (who were 
 phe Surveyor-General of the Cuftoms, and the 
 Superintendant-General of Indian Affairs), altho* 
 fenior in the Council, could adminifter govern- 
 ment in the abfence of the Governor and Lieu- 
 tenant-Govennor 5 for in that cafe the command 
 devolved on the Senior Member of the Council ia 
 Qrdinary. 
 
 The State (Executive) Council are chofen by 
 the Reprefentatives of the People, out of their 
 
 pwn body^ by baUot^ on tl^e firft 4^7 of their 
 
 Wcting 
 
i 
 
 ii,;.f: ft' I 
 
 m ' ;,!' 
 
 
 I't ' t I 
 
 '"llii 
 
 WW 
 
 m 
 
 124 Ccnjliiutlon of the British Colonies 
 
 meeting after their Ele6lion, and the number of 
 Councillors mud flutluatc, for the Reprcfenta- 
 tives chufe two Councillors for each County, that 
 ele(5ts ten Reprcfentatives j but if a County has 
 not fuch a number of Members as intitles them 
 to eleft ten Reprefentatives, then the Houfe of 
 Reprefentatives chufes no Councillors for that 
 County ; and therefore, as the Counties incrcafe 
 in population, the nunnber of Councillors en- 
 creafes in proportion. 
 
 The King's Council was one of the three 
 branches of the Legiflature, and then ftyled itfelf 
 the Upper Houfe of Aflembly -, it was alfo the 
 Privy Council to the Governor, to affift him with 
 their advice in the adminiftration of governnnent. 
 Five made an Upper Houfe or a Council ; but if 
 there were not fo many on the fpot, then three 
 Members were fufficient for either of thofe pur- 
 pofes. As a Council, they met whenever the 
 Governor thought proper to fummon them, and 
 on fuch occadons the Governor prefidcd, and 
 propofed matters to them for their advice thereon. 
 As an Upper Houfe, they met at the fame time 
 that the Commons Houfe of Aflembly did, and 
 the Lieutenant Governor (if he was one of the 
 Council, and on the fpot) prefided; but if the 
 Lieutenant Governor was not in the Houfe, the 
 Senior Member of the Council prefcnt, fat as 
 Frefident of the Upper Houfe. 
 
 The State Council is merely an executive body, 
 to advife the Governor in the adminiftration of 
 government, and they have no further concern 
 with Legiflation, than that all laws muft be fent 
 to them after the fecond reading, and they are to 
 perufe them and give their advice thereon, and 
 to return them, with their remarks, to the Af- 
 fcmbly in five days 5 but the fole power of Le- 
 
 giQation 
 
in North America, &c. 
 
 125 
 
 giflation refidcs in the Reprefentatives of the 
 people, called the Houfc of Aflcmblyj it is 
 therefore furplufage in the Conftitutlon to annex 
 the epithet *• Executive" to Council, as there is 
 no legiflative Council in the State. One State 
 Councillor for each County attends in monthly 
 rotation, where the Governor refides, except 
 when the AfTembly fits, and then all muft attend, 
 unlefs fick, &c. The firll day of meeting, after 
 they are chofcn, the Executive Council proceeds 
 to the choice of a Prefident 5 but the Governor 
 may prcfide in the Executive Council, at all times, 
 except when they are taking into confideration, 
 and perufing the laws and ordinances offered to 
 them by the Houfe of Affembly ; and in the ab- 
 fence or ficknefs of the Governor, the Prefident 
 of the Council exercifes all the powers of the Go- 
 vernor, 
 
 When the King's Council fat as a legiflative 
 body, they were convened by the Governor, and 
 obierved the fame form of proceeding that is ufed 
 in the Houfe of Lords in Great Britain (except 
 that no Member had a right to make a proxy, 
 nor could they adjourn themfelves longer than 
 from Saturday to Monday) -, and every Member 
 might make his protcftation, or enter his diflenC 
 to any vote of the Houfe, agreeable to the me- 
 thod obferved in the Houfe of Lords. But when 
 the King's Council fat as an executive body to 
 advife the Governor, no Member could enter his 
 protcftation, for the opinion of the majority of 
 the board was entered as the fenfe of the whole 
 Council. Each Member, on his firft admiiiion 
 to the Council Board, took the State Oaths; 
 and alfo an oath not to reveal the fecret debates 
 of the Council, &c. the form of which Oath is 
 fct forth in the following part of thik work. And 
 
 the 
 
::!'^ ■ii: 
 
 Ulllh 
 
 :;*.: 
 
 ■ .1, 
 
 ;M<'tl'ri: 
 
 I i 
 
 'lii 
 
 y\ ■ 'i 
 
 i^' H' - I;: 
 
 *'■-''■?■. ii ill ' 
 
 m I 
 
 an; : 
 
 !li:?l- , 
 
 'ifi 
 
 I 
 
 X26 Conjlitution of the British Colonies 
 
 the Clerk, McfTcngcr, and Doorkeeper were apj 
 pointed by the Governor. 
 
 The State Council fettle their own rules of pro- 
 ceedings — vote by Counties, and not individually) 
 and any Meii^bcr nnay enter his proteft againft any 
 iTieafurcs in Council that he has notconfcntcd t0| 
 provided he does it within three days. And when 
 any aflfair that requires fccrecy is laid before the 
 Governor and the Executive Council, the Go- 
 vernor muft adminifter the oath of fccrecy to the 
 Council, their Secretary, and the other OlHccrs 
 ncccflary to carry the bufinefs into execution. 
 
 Under tlie King's Government, Georgia was 
 divided into parifhes, which were extenfivej and 
 fome of thefe parifhes fent one Reprefentativc a 
 piece, other parilhes fent two Reprefentatives a 
 piece, and there were parifhes that fent three 
 Reprefentatives a piece to the Commons Houfe 
 of AfTembly. Chrift Church was the only pariih 
 that fent more than three Reprefentatives to the 
 Commons Houfe of AfTembly, and that was owing 
 to its being the firfl fettled part of the country, 
 in confequence of which, it was divided into five 
 diflrids, each of which returned one Member } 
 and Savannah) the capital of the Province^ and 
 the feat of. Government (which was fituate in 
 Chrift Church Pariih) returned four Members to 
 the Commons Houfe of AfTembly. Had not the 
 Civil War broke out, the weflern part of the 
 Province, called the Ceded Lands, would have 
 been divided into parifhes, and the number of 
 Reprefentatives confequently increafed. After 
 the reduction of Georgia by his Majefly's forces, 
 a bill, for that purpofe, pafTed both Houfes of 
 AfTennblys but before it could be carried into 
 .execution, fhe news of Lord CornwaUis's misfor- 
 tune at York Town reached Savannah, and the 
 
 evacuation 
 
in North America, Stc. 
 
 "7 
 
 acuation 
 
 evacuation of Georgia took place in a few months 
 after. The Writs of Election were ifiucd by 
 order of the Governor in Council, under the 
 Great Seal of the Province, and teftcd by the 
 Governor, returnable in forty days. When a 
 vacancy happened in the Commons Houle of Af- 
 fcmbly, after the general Election, the Houfc 
 applied to the Governor by addrefs, and a Writ 
 of Elcftion ifflied to fupply the vacancy. There 
 was a Provofl: Marrtial for the whole Province (in 
 the nature of the Sheriff of a County in England) 
 appointed by the Crown. The Principal refided 
 in Great Britain, and rented out the ofHce to a 
 deputy, who was ftyled Adling Provoft Marflial, 
 and was the returning Officer for every parifli and 
 diflrift, but he was by law impowercd to appoint 
 Deputies in the different parifhes, pro hac vice, to 
 hold the Eleftions for him. The qualification of 
 an- Elector was fifty acres of land in the parifh or 
 diftrid where he voted j and of a Reprefentative 
 500 acres of land in any part of tlie Province. 
 The Reprefentatives, when convened, were called 
 the Commons Houfe of AfTembly, and chofe 
 their own Speaker, who was prefented to the Go- 
 vernor for his approbation,. The Commons 
 Houfc of AfTembly continued, until che Governor 
 thought proper to diffolve them, and they could 
 not adjourn themfelves longer than de die in diem, 
 except from Saturday to Monday ; but in other 
 refpefts, they claimed moft of the privileges of 
 the Houfe of Commons in Great Britain, and, at 
 times, attempted to exert fome powers that they 
 were not intitled to. Their proceedings were 
 conformed to thofe of the Commons in Great 
 Britain, and they chofe their own Meflenger and 
 Door-keeper, but the Governor appointed the 
 Clerk. Being a fubordinate Legillacure, they 
 
 ihould 
 
 ■i 
 
 1 
 

 i|i..' I 
 
 
 ^ I'ii,.: 
 
 
 'fi jiiiij*' 
 
 1 
 
 •H- 
 
 128 Conjlitution of the British Colonies 
 
 fhould not have attempted to make laws repug- 
 nant to thofe of Great Britain s but they would 
 foon have altered the Conflltution the Crown gave 
 them, had it not been for the negative of the 
 Upper Houfc, and the right the Governor had to 
 refufe his afTent to fuch laws as he did not approve 
 of. They claimed and enjoyed the ezcluHve 
 right of originating money bills, and would not 
 fuffer the Upper Houfe to alter or amend them : 
 however, if there was any impropriety in a mo- 
 ney billj the Upper Houfe fent down an amend- 
 ment in a private way j but the meflage purported 
 that the Upper Houfe agreed to the bill, with- 
 out amendments. The Commons Houfe did not 
 cxprcfsly deny the Upper Houfe the right of ori- 
 gina,ting or amending any other than money 
 bills ; but feveral years before :he fubverfion of 
 the King's Government, they feldom, if at all, 
 pafTed a bill that originated in the Council, nor 
 would they allow it the title of Upper Houfe. 
 But the Commons Houfe, that was elected after 
 the re-eftablilhment of the King's Government, 
 pafTed feveral bills that originated with the Coun- 
 cil, and fufFered the Style of Upper Houfe to 
 (land in thofe bills. Before the Civil War, the 
 Commons Houfe neither received nor claimed 
 wages ; but affet^ed great popularity, although, 
 at times, they did fome things with a high hand i 
 and it required great addrefs in a Governor to 
 keep them in tolerable temper after the Stamp 
 Aft pafled. 
 
 The State of Georgia is now divided by the 
 Conftitution into Counties, feveral of which are 
 named after fome leading men in both Houfes of 
 Parliament. The number of Reprefentatives in 
 each County, depends on the number of Eledors j 
 for a County that has ten may chufe one Repre- 
 
 fcntativc, 
 
in North America, &c. 
 
 129 
 
 Tentative, and fo in proportion, according to the 
 number of Electors, until they amount to 100, 
 who may chufe ten Reprefentatives'j which is the 
 greateft number that any County can cled. The 
 returning Officers, are two Juftices of the Peace 
 for each County j and the Rcprefentatives are 
 clefted by ballot by the male white inhabitants 
 not under twenty-one years old, each of whom 
 muft have paid taxes for a capital of ten pounds 
 (or be of a mechanic trade), and have refidcd in 
 the State fix months : and each Elector, if re- 
 quired, muft fwear or affirm (as the cafe may be) 
 that he owes allegiance to the State, and will 
 fupport the Cohftitution thereof. But in the 
 Counties of Glyn and Cambden, which are fub- 
 jecl to alarms, and have few refidents, the quali- 
 fications are different, until the number of inha- 
 bitants increafes. The town of Savannah is al- 
 lov/ed four Members, and the town of Sunbury 
 two Members, to reprefent their trade. An 
 Ele6tor has only one vote, and muft give it in 
 the County where he refides : if he negleds to 
 ballot, he forfeits a fum not exceeding five 
 pounds, unlefs he has a reafonable excufe. But 
 no perfon, having a title of nobility, can vote, be 
 elefted, or hold any poft of honour, profit, or 
 truft, until he gives up fuch diftinftion, in the 
 manner the Legiflature diredts 5 and then he en- 
 I joys the benefits of a free citizen. Every Repre- 
 sentative (except thofc for .Glyn and Cambden 
 Counties) muft have refided twelve months in 
 the State, and three months in the County where 
 he is eledcd j he muft be a Proteftant, twenty- 
 one years old, and own 250 acres of land, or 
 fome property worth 250 /. He muft fwear, " to 
 " bear true allegiance to the State — truly to per* 
 " form the truft repofed in him — to execute the 
 
 K "fame 
 
 * ■■J 
 
 ■i vi 
 
■!|i 
 
 §\ ill 
 
 I'/ ,1 
 
 i!ii '; V 
 
 ::(• 
 
 
 ■i 
 
 ■'■ii 
 
 !r 
 
 |P»-;.s • 
 
 ■ ■ ' 1. ! '.1' I ; ■ • 
 
 
 130 Conjliiution of the British Colonies 
 
 *' rame to the bed of his knowledge for the be* 
 " ncfit of the State, and the fupport of the Con- 
 **^ ftjtution — and that he has obtained his Election 
 " without fraud or bribe." And after five Re- 
 prefentativcs are met, they adminifter the oath to 
 each other. The Reprelentativcs are elected an- 
 nually on the firft Tuefday in December, and 
 meet the firft Tuefday in January, where the laft 
 Houfe dircfted. And when they have, at their 
 firft meeting after each Elc(5lion, chofen a Go- 
 vernor, and two executive Councillors (for each 
 County that eleds ten Members) out of their 
 own body, the Reprcfcntatives that remain arc 
 called " The Houfe of Affembly,** and confti- 
 tute the Legiflature of the State. The'Conftitu- 
 tion, indeed, fays, that all laws (ball be fentto 
 the executive Council, after the fccond reading, 
 for their perufal and advice j that they fhall be 
 returned in five days, with their remarks thereon j 
 and that the Committee of the Council fent with 
 the propofed amendments to any law, fhall de- 
 liver their reafons for fuch propofed amendments, 
 fitting and covered, all the Houfe of Aflembly, 
 except the Speaker, being uncovered j but Iap-| 
 prchend that the Houfe of Afifembly may rejeft 
 their amendments, and pafs the law notwith* 
 (landing} however, the Conftitution is not fuf- 
 ficiently explicit on the occafion. The Conftitu- 
 tion gives the Houfe of AlTcmbly power to make I 
 fuch laws and regulations as may be conducive to 
 the good order and well being of the State, pro- 
 vided they are not repugnant to the true intent 
 and meaning of the Conftitution : they have alfo 
 power to repeal all laws injurious to the people;! 
 but all bills muft be read three times on differentl 
 days, except in cafes of ncccffity and danger. 
 The Houle of Aflfembiy chufcs its own Speaker I 
 
 .,x and 
 
in North Am^rica^ 8cc: 
 
 iji 
 
 iirid Officers, fettles its own rules of proceedings 
 directs Writs of £le<5lion for fupplying interme- 
 diate vacancies^ and adjourns itfeJf to any tioie 
 within the year. No civil or military Officer 
 (except Juftices of the Peace^ and thofe who have 
 Commiffions in the Militia) can fit in the Houfe 
 of Affembly. After the fubverfibn of theKing^s 
 Government j the Houfe of Affembly voted them- 
 felves wages, and one year it took the v/hole taxes 
 I of the Province to pay them, as I have heard. 
 
 The appointment of the Civil Officers is not 
 jvcfted in the executive power,- as was the cafe 
 [during the King's Government j but they are an- 
 [nually eledled by the County in which they adtj 
 IcKcept the Juftices of the Peace^ Attornies at 
 [Law, and the Regifters for proving Wills, and 
 rranting Letters of Adminiftration, who are ap- 
 )inted by the Houfe of Affembly j and no per- 
 son can hold more than one office of profit at the 
 fame time. 
 After Georgia became a King's Government^ 
 Ir. Reynolds, the firft King's Governor, in pur- 
 fuance of an inftru6tion from the Crown, iffued 
 setters Patent under the Great Seal of Georgia^ 
 lated the 12th of December, in the 28th year of 
 ^reorgc the Second, conftituting a Court of Re- 
 cord by the name of " The General Court," to 
 )e holden four times a year, with the fame jurif- 
 lidtiort in Georgia, that the King's Bench, Com- 
 ion Pleas, and Exchequer, exercife in England, 
 )n the 14th of November 1755, Governor Rey- 
 nolds alfo iffued Letters Patent for eftablifhing a 
 ^ourtof Seffion of Oyer and Terminer^ and Ge- 
 [eral Gaol delivery, to be holden twice a year, 
 he civil bufmcfs was tranfaded at the General 
 'Ourt, and the criminal bufinefs at the Court of 
 >yer and Terminer, for which purpofc Grand 
 
 K a Juries 
 
 
 1 W 
 

 
 
 iiil '.ii-m ^ :,r : 
 
 1;. 
 
 "f i kli ■ 
 
 m 
 
 t' 
 
 tM^ 
 
 jV 
 
 If 
 
 111,1 
 
 n 
 
 MiMi 
 
 
 
 Sj 
 
 i 
 
 .. 
 
 
 Ill 
 
 pAi;"! 
 
 wS "II 
 
 w 
 
 ■m 
 
 . - ''llvjiiiiJijiL 
 i'*f](f ^nV li'^'M" 
 
 132 Conflttution of the British Colonies 
 
 Juries were returned twice a year. But as the 
 Judges of the General Court, and the Judges of 
 the Court of Scflion of Oyer and Terminer, were 
 the fame individuals, the latter Court was thought 
 to be fuperfluous, and a Gaol Delivery only twice 
 a year, was confidercd as not fufficient in a warm, 
 unwholefome climate, where men fufFered much 
 from the length of confinement in a clofe gaolj 
 and therefore, on the re-eftablifhmcnt of the 
 King's Government, the Chief Juftice drew up 
 an A<5t to transfer the bufinefs of the Seffions to 
 the General Court, and to caufe- four Grand Ju- 
 ries to be returned every year, inftead of two,j 
 This A(St pafTed into a law, the Court of Seffioni 
 no longer tranfafled any bufinefs, and there waj 
 a Gaol Delivery in the General Court four times| 
 a year. Georgia being a young Colony, the Ge- 
 neral Court was Itationary at Savannah; butasl 
 the weftern boundary of the Province was 160 
 miles from Savannah, after the laft ceffioh made 
 by the Indians to the Crown j a bill was therefore | 
 brought in to divide the Province into Circuits, 
 and to enable the Judges of the General Courtl 
 to hold Circuit Courts twice a year, for thoft 
 places that were diftant from Savannah : howeverJ 
 the evacuation of Georgia took place before thel 
 bill pafled into a law. The prefiding Judge, 
 was ftyled " Chief Juftice of Georgia," was al 
 Barrifter at Law, and had a falary of 500/. fterl- 
 ing a year, raifed by annual gr^nt of Parliament.! 
 His attendance at Weftminfter Hall muft necef-l 
 •farily have given him fome degtee of legal know-l 
 •ledge, and the falary andcftablifhed fees enableil 
 him to appear in the. charafler of a gentlemanj 
 and to ^ive due attention to his office, withouJ 
 profecuting any other profcflion for a maintenance 
 The Chief Jyfticc was appointed by warranfJ 
 i ■ . undej 
 
in North America^ &c. 
 
 »3* 
 
 under his Majefty's Sign Manual and Signet, which 
 commanded che Governor to make out Letters 
 Patent under the Great Seal of Georgia j and 
 under that commiflion the Chief Juftice adled. 
 The appointment of the Affiftant Judges, who 
 were three in nunnber, and had no falaries (unlefs 
 on the death or abfence of the Chief Juftice), was 
 left to the Governor. Before the Civil war broke 
 out, the adnniniftration of juftice was faid to give 
 fatisfaftion to the Public, For I have already 
 obferved, that where there is a Superior Court in 
 a Colony, which has jurifdidVion over the whol^ 
 country, and the Judges go in circuit to thofe 
 places which are dlftant from the feat of govern* 
 ment, four men may be found who are capable 
 of exercifing a judicial office j nor will it be a 
 great burden on any Colony, to provide falaries 
 for them, fo as to enable them to give their at- 
 tention to the duties of their office, without ap- 
 plying themfelves to any other profelllon for a 
 maintenance. 
 
 However, after the Colonies declared themfelves 
 to be independent, and Georgia became a State, 
 the Conftitution cftablifhed a Superior Court iii 
 each County, which tries all matters civil and 
 criminal arifing there, unlefs the parties refide in 
 different Counties, and then the adion is tried in 
 that County where the defendant refides ♦, but in 
 queftions concerning real eftates, the adion is 
 tried in the County where the real eftate lies. 
 Each Court has a Chief Juftice, and three or 
 more of the Juftices that refide in the County : 
 there are at prefent eight Counties, and as the 
 number of Counties increafes, fo will the number 
 of Judges, The Jury are judges of law as well 
 as of fad, and are not allowed to bring in a fpe- 
 cial verdidi but if they doubt of the law, muft 
 
 K 3 apply 
 
\'.IM 
 
 IJli 
 
 M'll, 
 
 r: *;• 
 
 
 .*■ 
 
 ,ik 
 
 .";«*■>,■ -if 
 
 , i .'■) ' 'i 
 
 m 
 
 •ii! 
 
 1 
 
 'II 
 
 Sf| 
 
 IJ4 Conftiiution of the British Colonies 
 
 ^pply to the Judges on the bench, each of whom 
 gives his opinion in rotation* It is probable, the 
 Judges know as little of law as the Jurors, being 
 finnually eledbecj, and having fuch fcnall falaries, 
 that no man of abilities would accept of aq office 
 which muft take up great part of his timp. The 
 Connnnon Jury arc fworn, *^ to bring in a vcrdidl, 
 f' according to law, and the opinion they enter: 
 f* tain of the evidence, provided it is not repug- 
 ^« nant to the rules and rcgulatiops contained in 
 ?* the Conftitution." Now it fetms rather ftrange, 
 that a Jury (hould be fworn to bring in a yerdift, 
 according to law, when it is natural to fuppofe 
 they do not underdand it, ]3ef]de$, how can ^ 
 verdid, according to law, be repugnant to the 
 Conftitution, unlefs the law and the Conftitu- 
 tion clafti with each other ? There feerps to be 
 no Writ of Error from the Superior Court to the 
 Governor and Council^ as was the caffS Under the 
 ^he King's Government j but if, in civil cafes, 
 either party is diffatisfied with the verdifb oi th? 
 Conamon Jury, he may enter an appeal, and de- 
 mand ^ new trial by a Special Jury, nominated 
 as the Conftitution direds 5 and from their ver- 
 di<5t ^here is no appeal. This feems to be the 
 firft inftance of an appeal from one Jury to 
 another J and as the Special Jury is fworn "to 
 ** bring in a yerdict according to law, and the 
 f opinion they entertain of the evidence, pro- 
 *f vided it be not repugnant to jufticp, equity, 
 V and confcience, and the rules and regulations 
 ^' contained in the Conftitution of which they 
 f (hall judge," it is fupppfed the Special Jury are 
 intended to fupply the place of a Court of 
 Equity, there being no other tribunal of that fort 
 fftabliftied by the Conftitution, Extraordinary 
 |s ^he oath of a Comipon Jurym^ is^ that of 4 
 ' " ; Special 
 
in North America, &c. 
 
 135 
 
 Special Juror is yet more lb j for a Special Juror 
 is not only fworn to bring in a verdiift according 
 to law, although it is probable he knows nothing 
 about it; but the oath fuppofes that the law may- 
 be repugnant to juftice, equity, confcicnce, and the 
 conilitution, and of this, it is faid, the Jury (hall 
 judge. Now the Special Jury is the laft refort in 
 all cafes ; and as they are impowered to judge 
 where the law is repugnant to the Conftitution 
 (and can decide agiiAfl law whenever they pleafe, 
 by faying it is contrary to the Conftitution), they 
 have it therefore in their power to change the 
 law as often as they think proper. In Georgia, 
 a Judge is now a very ufelefs being ; for as the 
 fpecial Jury is the dernier refort, from whofe de- 
 cifion there lies no appeal, it is fuppofed the 
 Court cannot fct afide a verdid, and grant a new 
 trial} and as the Jury are commanded by the 
 Conftitution to judge of the law as well as the 
 faft, and are fworn to bring in a verdict accord- 
 ing to law, &c. I apprehend that no queftion of 
 law can be brought before the Court by de- 
 murrer, neither can the Court decide the law 
 arifing on a Special Verdict, as the Jury is forbid 
 to bring one in. One finglc right the Conftitu- 
 tion has referved to the Bench, which is that of 
 telling the Jury what the law is, when they doubt 
 about it, although it is natural to fuppofe that 
 the Judges know no more of the law than the 
 Juror thcmfclves do. 
 
 Puring the King's Govcrnnncnt, there was a 
 Court of Vice Admiralty to judge of captures at 
 fea, and other maritime caufes, which had a 
 Judge appointed by the Crown, who proceeded 
 according to the courfe of the civil law, and the 
 eftabliflied method of determination ufed in Qreat 
 Britain, and other maritime nations. But now 
 
 K 4 the 
 

 ,11 
 
 ii:c:i 
 
 l"l|i! 
 
 ,,v 
 
 "1*^" 
 
 m 
 
 136 Conftitution of the British Colonies 
 
 the Conftitution direds, that all captures by fea 
 and land fhall be tried in the County to which 
 they are carried, in a fpecial Court, called by the 
 Chief Juftice, or in his abfcnce by the fenior 
 Juftice, upon application of the captors or 
 claimants; and thp caufe is'to be determined in 
 ten days. The proceedings are to be the fame as 
 in the fuperior Courts, unlefs, after the fccond 
 trial, an -appeal is made to the Continental Con- 
 grefsj and all maritime caufes are to be tried in 
 like manner. I cannot readily conceive how 
 queftions of capture can be tried according to 
 the mode of proceeding, ufed in the fuperior 
 Court, where the common law procefs is adopted, 
 and the Jury is fworn to give their verdicft ac- 
 cording to law : for it has been holden by fomc 
 of the greateft lawyers in Europe, that any other 
 method of trial, than that now ufed by Courts of 
 Admiralty, would be manifeftly unjuft, abfurd, 
 and imprafti cable 5 and thofe Courts proceed ac- 
 cording to the courfe of the civil law, and found 
 their deciOons on the law of nations, and parti- 
 cular treaties. 
 
 The Courts of Confcience, cftablifhed by A6t 
 of Affcmbly during the King's Government, con- 
 tinue as before, except that their jurifdidtion, 
 which was formerly limited to 8 /, is now ex- 
 tended to 10/. 
 
 Before the Civil War, the Attornies at Law 
 (who alfo aft as Counfel) were admitted by the 
 General Court, but now they are admitted by the 
 Houfe of AflCembly. 
 
 I apprehend the laws continue much as they 
 were in the King's time, except as to the in- 
 fiances above-mentioned, and alfo with refpeft to 
 real eftatcs, which cannot be entailed j and where 
 the owner dies inteftate, his cftatc is divided, ac- 
 cording 
 
in North America, &c. 
 
 ^31 
 
 cording to the Statute of Diftributions of aa & 
 23 Car. II. c. 10. 
 
 Every religion is tolerated, that is not repug- 
 nant to the peace and fafcty of the State; l^ut no 
 Clergyman of any denomination is allowed to (it 
 in the Legiflature. 
 
 Delegates to the Continental Congrefs are an- 
 nually appointed by the Houfe of AlTcmbly, by 
 ballot, are deemed a part of that Houfe, an4 
 have a right to fit, debate, and vote there. 
 
 The Conftitution fays, that the Icgiflative^ 
 executive, and judiciary departments (hall be fe- 
 parate and diftind, fo that one (hall not exercife 
 the powers properly belonging to the othek*. 
 How well this rule has been obierved in drawing 
 up the Conftitution, the reader will judge. fot 
 himfelf. 
 
 Having now got through the Conftitutions of 
 the Thirteen United States of America, i ihall 
 make a few obfervations on thenri : and firft, with 
 refpeft to Georgia (a Province in which I rc- 
 fided feveral years), I muft obferve, that no coun- 
 try ever enjoyed a greater (hare of liberty thari 
 Georgia did from the time it became a King's 
 Government, down to the breaking out of the 
 Civil War. It is true, there was a ftrong ten- 
 dency to democracy, for the Commons Houfe of 
 AlTembly grafped at powers that did not belong 
 to them, and they fomctimes oppofed meafures 
 which tended to the good of the comnrtunity, 
 merely becaufe they did not originate with them- 
 felves. The Council, as a legiflatrve body, loft 
 its weight and influence in the country, becaufij 
 the Members were appointed only duriqg plea- 
 fure, and therefore, the Commons Houfe of Af- 
 fembly, from jealoufy, fuppofed they a6led undet 
 influence 5 but had the Upper Houfe of^AflTcmbly 
 7 been 
 
; . 
 
 :)l i!! 
 
 
 'ii"; 
 
 ■;i 
 
 ,*'" 1 /.? 
 
 IWi 
 
 
 tlL'''!i" 
 
 
 1 .l:vi 
 
 
 i:<M 
 
 Sittlia 
 
 It.ij"; .'!]mi| T 
 
 ij8 Conftiiution of tht British Colonies 
 
 been a didlndl body from the Council, and had 
 the Members been appointed for life, and the 
 hereditary title of Baronet been conferred on 
 them, and fome other leading men in the coun- 
 try, 1 am inclined to think that Province never 
 would have joined in the Civil War. For fuch a 
 mixture of ariftocracy, and thefc hereditary ho- 
 nours (which mull have ftood or fallen with the 
 King's Government) would have engaged a num- 
 ber of leading men in the intereft of the Crown, 
 fufficient to counterbalance the influence that the 
 popular demagogues had in the country. And it 
 IS probable, that if the fame experiment had been 
 made in all the Provincial Eliablifhments, they 
 would ftill have continved to be Bririlh Govern- 
 ipcnicst There was alfo another fatal practice, 
 which greatly weakened the King's caufe in all 
 the American Colonies, I mean the bedowing 
 ^Imoft every lucrative office in America, that 
 could be excrcifed by Deputy, on fome pcrfon 
 refiding in Great Britain, who employed a De- 
 puty, with a flcnder allowance, to execute the 
 office for him : this Deputy had neither weight in 
 the Province, nor any intereft in the Government 
 Hinder whiph he Jived; for in cafe of a change he 
 could not be worfe, but having gained fome of- 
 fipial knowledge, be might hope to be a prin- 
 cipal, if a revolution' took place. Befidcs the 
 Colony Governors, who were deprived of every 
 appointment of confequence, had nothing in their 
 power therewith to ftop the mouths of thofe de- 
 magogues that endeavoured to throw the Country 
 into confufion, ?nd they thereby became infigni- 
 ficant. Some of us who wilhed well to the 
 King's Government, lamented this unhappy prac^ 
 ticej but the fame prevailed down to the breaks 
 jng out of the Civil War, However, notwitl^r 
 3 ' (landing 
 
in North America, &c. 
 
 »39 
 
 (landing thcfc inconvenicncics, Georgia continued 
 under the King's Government to be one of the 
 moCx free and happy countries in the world— juf- 
 tice was regularly and innpartially admrnillered— • 
 opprcfljon was unknown — the taxes levied on the 
 fubjc6l were trifling— and every man that had in- 
 duilry, became opulent — the people there were 
 more particularly indebted to the Crowoi than 
 thofe in any other Colony — immenfc fums were 
 expended by Government in fettling and proteft- 
 ing that country— -troops of rangers were kept up 
 by the Crown for feveral years — the Civil Govern- 
 ment was annually provided for by vote of the 
 Houfe of Commons in Great Britain* and mofl: 
 of the inhabitants owed every acre of land they 
 had to the King's free gift : in fbort, there was 
 fcarce a man in the Province thatdid not lie under 
 particular obligations to the Crown. As a proof 
 of the amazing progrefs that Georgia made, I 
 Ihould obferve, that when Governor Reynolds 
 vent to that province in 17549 the exports 
 did not amount to 30,000!. a year 1 but at the 
 breaking out of the Civil War, they could not be 
 much lefs than 200,000/. fterling. The cafe is 
 now quite altered, for moft of the gentlemen of 
 diftindion and property in Georgia were Loyalids, 
 and on the evacuation they left the country, and 
 carried off their Negroes; and others of the Loy- 
 alifts were cruelly murdered for their attachment 
 to their Sovereign. I am perfuaded that not a 
 tenth part of the white inhabitants, that were in 
 Georgia at the breaking out of the Civil War, 
 remain there at this time j and the proportion of 
 Negroes is much lefs. Should the Reprefcnta- 
 tives continue to vote themfelvcs wages, as they 
 did before Colonel Campbell reduced the Country, 
 the \yhole taxes qf the Province will not be fuf- 
 
 iicicnt 
 
IV.' 'M' 
 
 r,'i, tj 
 
 
 < - 
 
 Hi 
 
 "'life;!:' ''I 
 
 u 
 
 
 ^ct 
 
 If if • 
 
 .tl 
 
 ti l!.; 
 
 «?1 
 
 ■#?; 
 
 140 Conftittttiott of /i^ British Colonies 
 
 ficient for that purpofe ; and what is to become 
 of their Governor, and the numerous train of 
 civil Officers? Georgia is alio rubjc«5tcd to another 
 difagreeablc circumitance beyond any other of chc 
 Thirteen States, which is this ; The Southern 
 Colonies are overrun with a fwarm of men from 
 the weilern parts of Virginia and North Carolina, 
 (diftinguilhe^ by the name of Crackers. Many 
 of thefc people are dcfcended from con v ids that 
 "were tranfported from Great Britain to Virginia 
 at different times, and inherit fo much profligacy 
 from their anceftors, that they are the moft aban- 
 doned fet of men on earth, few of them having 
 the leaft fenfc qC religion. When thefe people, 
 are routed in the other provinces, they fly to 
 Georgia, where the winters arc mild, and the 
 man who has a rifle, ammunition, and a blanket, 
 can fubfift in i\\u vagrant way, which the Indians 
 purfuci for the quantity of deer, wild turkies, 
 and other game there, affords fubfiltence ; and 
 the country being moftly covered with woods, 
 they have it always in their power to confltruft 
 temporary huts, and procure fuel. The Eaftern 
 Coad of Georgia, in which they plant rice, is at 
 this time thinly iettled on account of the emigra- 
 tion of the Loyalifts, and the greateft proportion 
 of inhabitants are Negro flavcs : whereas in the 
 wefl:ern parts, the inhabitants arc numerous, and 
 daily increafe by- the acccffion of the Crackers 
 from the other Provinces j and it is highly pro- 
 bable that thefe people will in time overrun the 
 rice part of the country, as the Tartars in Afia 
 have done by |he fruitful cultivated provinces in 
 the fouthern parts of that country. What in- 
 duces me the rather to think fo, is, that during 
 the King's Government thefe Crackers were very 
 troublefome in the fetilcments, by driving off 
 
 gangs 
 
in North America, &c. 
 
 141 
 
 rice, IS at 
 
 <yangs of horfes and cattle to Virginia, and com- 
 mitting other enormities: they alfo occafioned 
 frequent difputes with th€ Indians, wliom they 
 robbed, and fometimcs murdered : the Indians 
 in return, according to their ciiRom, murdered 
 the firft white man they met, by way of retalia- 
 tion. To a fimilar fituation with thofe Crackers, 
 would the difciples of Hume reduce the people of 
 this country, could they fucceed in aboliihing 
 Chriftianity, and perfuading the world to believe 
 that moral and natural defers arc on the fame 
 footing. Georgia being bounded by the moil 
 northern ftream of the River Savannah, it ex- 
 pands greatly in that quarter, forms part of the 
 weftern boundary of South Carolina, and joins 
 North Carolina. Since the late provifional 
 treaty, no other nation but the Indians can con- 
 teft with them the right to that large and fertile 
 country, which lies between Georgia and the 
 River Miffiflippi. During the Civil War, the 
 Americans loft much of that apprehenfion which 
 they formerly entertained of the Indians, for the 
 CrackerSj who are deftitutc of every fenfe of re- 
 ligion, which might withhold them from a(fls of 
 perfidy and cruelty, have been difcovered to 
 outdo the Indians in bearing hunger and fatigue -, 
 and as they lead a favage kind of life* they are 
 equally ikilled in the arts of buili fighting, and 
 difcovering the enemy by their tracks : Thefe 
 men will naturaHy fettle faft in the weftern parts 
 of North Carolina and Georgia ; and as the In- 
 dians dwindle away before them,* they certainly 
 threaten ruin to the civilized parts of the rice 
 Colonies, who have not now a comrrion parent to 
 call to their afliftance. How much- foever i may 
 deteft the conduct of fomc men in America in 
 bringing on the Civil War, and the confequen* 
 
 ruin 
 
)ir,?!i 
 
 !| 
 
 Tm 
 
 .i/iji' iiv .1,; ■ ./ ; 
 
 'I •:t 
 
 I 
 
 Mi 
 
 inh I 
 
 ! \, 
 
 
 
 > 7 
 
 ':!| .' 
 
 ll: 
 
 .:i:::i:!^j' 
 
 ! " 
 
 
 
 4!)l 
 
 il; li.-'i 
 
 
 142 ConJlitUiion of the British CobONiEJI 
 
 ruin of their country j yet Chriftianity forbids me 
 to wi(h ill to an individual : how much more then 
 does it forbid the wifhing ill to thoufands : and 
 had I abilities to fugged hints that would con- 
 duce to the good of my greateft enemies, I ihould 
 rejoice in having an opportunity of doing it, 
 
 I now beg leave to make fome obfcrvations on 
 the United States in general. — By this time the 
 reader muft have obfervcd, that theConftitutions 
 of all chefe States are Democratical -, and however 
 fpecious that form of government may appear in 
 theory, yet, as a great Author has obferved, in a 
 popular State virtue is a neccffary fpring ; and I 
 do by no means agree, that the Americans are 
 more virtuous than the red of mankind. I (hall 
 ruote from Montefquieu a paflage, in which he 
 has defcribed the fituation of England during the 
 Civil War. 
 
 " A very droll fpedacle it was, in the lafl: 
 ** century, to behold the impotent efforts the 
 " Englilh made for the edablilhment of Demo- 
 " cracy. As thofe who had a (hare in the direc- 
 •* tion of public affairs were void of all virtue, as 
 ** their ambition was inflamed by the fuccefs of 
 *^ the mod daring of their Members, as the fpirit 
 *« of faftion was fupprefTed only by that of a fuc- 
 ** ceeding faftion, the Government was con- 
 «« tinually changing- The people, amazed at fo 
 many revolutions, fought every where for a 
 Democracy, without being able to find it. At 
 length, after a feries of tumultuary motions 
 *< and violent (hocks, they were obliged to have 
 «* rccourfe to the very government they had fo 
 «« odioufly profcrifeed." Whether this defcrip- 
 tion will ever fuit America, time only can dif- 
 covcrs it is faid that, even now, the majority of 
 jihe people there is averfe to independency ;. and 
 
 when 
 
 <f 
 
 ffC 
 
in North America, icc% 
 
 H3 
 
 \9htn it was offered to the Congrefs, their appre- 
 henfions Teemed to increale. Had thofe men read 
 Montefquieu and De LoJme on the Conllicucion 
 of England, they would not (to ufe the words of 
 the firft Author), have built a Chalcedon, when 
 they had a Byzantium before their eyes. 
 
 Many efforts wtre made by Great Britain to 
 recover America from the delufion they were un- 
 der: the liJ Geo. III. c. ijj. ** Enabled his Ma- 
 " jefty to appoint Commiffioners, with fufficient 
 " powers to treat, confult, and agree upon the 
 " means of quieting the diforders fubfifting in 
 " certain of the Colonies, Plantations, and Pro- 
 " vinces of North America.'* In purfuance of 
 this At\f the King did from time to time appoint 
 Commiffioners to treat with the Americans j and 
 as the Congrefs could not fafcly reject the offers 
 made by the Britiili Commiffioners in a peremp- 
 tory manner, evafive answers were returned, and 
 the people were deceived with the falfe reprefenta- 
 tionof an interview with the Briti(h Commiffioner: 
 but there was a party in the Congrefs, which in- 
 fluenced the deliberations of that Body againfl a 
 Reconciliation ; and when General Burgoyne*s 
 Defeat, and the Conciliatory Motion made in the 
 Houfe of Commons, had elevated the Congrefs, 
 they with arrogance rejected the fecond PropofaU 
 made by Great Britain. As nothing Ihort of In- 
 dependency would fatisfy the leading Men in 
 Congrefs, the A£t of 22 Geo. III. c. 46 was made, 
 " To enable his Majefty to conclude a peace or 
 " truce wirh certain Colonics in North America, 
 " therein mentioned,*' but which impliedly gave 
 the King a power to declare them Independent § 
 and fuch was the conftru<5tion which the Houfe of 
 Commons put on that A6t, in their Debate on 
 the late Peace. 
 
 In 
 
■l:ii 
 
 
 Bk 
 
 'i 
 
 m ■ 
 
 \i. ■■! 
 
 1 1-;, |ii 
 
 ,1'M 
 
 i:' ' I 
 
 I,!; ij.-,; . 
 
 144 Cofiliitution of the "British Coloji ieS 
 
 In purfuance of that A6t, Mr. Ofwald was fent 
 to Paris to treat with the American Commif- 
 fioners, and on the 30th of Novennber 1782, Pro- 
 Vifional Articles were figrted at Paris by the Bri- 
 tifh and American Commiffioners, to take effecl 
 when Terms of Peace were agreed upon between 
 Great Britain aftd France, and his Britannic Ma- 
 jefty fhould be ready to conclude fuch Treaty ac- 
 cordingly. By the Provifional Articles, his Britannic 
 Majefty acknowledges the Thirteen United States 
 of Anerica (in the Articles particularly named) to 
 be Free, Sovereign and Independent States; and 
 for himfelf, his heirs and fuccefibrs, relinquilhes 
 all claims to the government, propriecy, and 
 territorial rights of the fame. 
 
 The affedtion I have for my native country, 
 induces me to recommend one meafure to Go-- 
 vernment, which, however chimerical it may ap- 
 pear, will, I flatter myfelf, give no offence to any 
 one. I would, in the firft place, premife, that I 
 do not take upon me to queftion the attachment 
 of the prefent fet of men in the Weft Indies to 
 their Sovereign and Parent State; but thofe Iflands 
 change their inhabitants in a few years; anew 
 race may be inclined to give the Mother Country 
 as much trouble as the Colonies on the Continent 
 have done ; and it is by no means clear, that the 
 North Americans will refufe them their afliftancc. 
 — If thofe Iflands Ihouid become independent, 
 Grea: Britain would have no footing in the Weft 
 Indies, unlefs the following plan was adopted :— 
 The ceffion of Gibraltar would infure to Great 
 Britain fuch of the Spanilh Iflands in the Weft 
 Indies as Ihe might chufe to afk for. Let fotnc 
 Ifland of a moderate fize be pitched upon, that is 
 naturally dcfenfible^ and has a good harbour, ca- 
 pable 
 
 I i'l 
 
lAr North America, &c. 14^ 
 
 jjable of receiving and heaving down line of battle 
 ihips. — Let an Adl of Parliament be made, which 
 unalienably annexes this liland to Great Britain. 
 —After refer ving lands fufficient for Fortifications, 
 a Dock-yard, Charches, and other public Places^ 
 let the lands on the harbour be la^d out in town 
 lots, and the reft of the Ifland in farm lots or planta^ 
 tions, not exceeding a fmall number of acres -, and 
 let it be provided by the Adii that no perfon fhall 
 hold more than one town lot, and one farm lot; and 
 if more ihould come to him by defcentj or other* 
 wife, he Ihdll be obliged to fell the dv^rplus num-r 
 ber within a giVen time, or elfe ithey fhall be for* 
 fcited to the Crowi?. 
 
 This Ifland being intended ntterely as an em* 
 poriuna, prdvide that no iugar-canesj cotton, or 
 indigo, (hall be raifed on it^ but th^t the inhabit* 
 ants ihail be Coniined to the raifing (lock and 
 proviiions.-*-Make this Ifland a free port; give 
 the people the trial by jury, and eftablifh every 
 other part of the Gonllkution of England, except 
 that of a right to chufe Reprcfentatives. — And let 
 every grant of a town or farm lot have a claufe 
 inferted in it^ to run with the land, eHpr^efsly fti- 
 ptrlating, that there never fliall be a po'^er of 
 legiflation in the ifland, but that the Parliament 
 of Great Britain ihall always exercife the powers 
 of legr(lation . and taxation over it. — A man who 
 purchafed lands in the Ifland, and voluntarily 
 ietded there under fuch a reftridtion, could never 
 complain of the want of a Colony Legiflaturej 
 and as the iParliament would pay every attenciort 
 to the profperity of the Ifland, and the encourage- 
 nient of trade, fuch a Colony Would be as free as 
 any the Englifli ever had, and much more happy. 
 The Ifland might be rendered as ftrong as art, 
 combined with nature, could make it, and ftiouid 
 
 L always 
 
 it) :!wil- 
 
 i 
 
^ i I ■■ 
 
 i :i " 
 
 •";l iU 
 
 r^i'V' 
 
 III. J 
 
 ':. i-i ■ 
 
 i '' 
 
 *i':..r H' 4\ 
 
 1 I liv; '1,3 . 
 
 m'^'ih' 
 
 ■M .!';;>. y 
 
 146 ConftUution of the British Colonies 
 
 always have a ftrong garrifon. — If the Governor 
 was an able civilian^ and the Judges good com- 
 mon lawyers^ the inhabitants would fuffer no op- 
 preflion 5 but if the gentleman who commanded 
 the forces was the Governor of the Ifland, it might 
 undo every thing. — Such an Ifland would probably 
 have an immenfe trade, and be of great import- 
 ance to the commerce and manufactures of this 
 country. In a Colony fettled on fuch a plan, 
 where the inhabitants enjoyed the benefits of the 
 Common Law of England, and had regular Courts 
 of Juftice eftablrfhed, every thing would probably 
 remain quiet, unlefs a General Aflcmbly was con- 
 vened, and then a fcene of confufion might enfue; 
 for, as an ingenious writer in the year 1770 ob- 
 fervcd, " When you put every Colony on the 
 " fame footing with the Mother Country, it be- 
 «* comes an independent Government, The Bri- 
 ".ti(h Empire is no longer to be governed by the 
 fame general tenor of laws. It ceafes to be 
 one, it is at bed but a confederacy of petty 
 States. Inftead of the Empire's being (Irength* 
 ened with Provinces, it is weakened by raifing 
 rivals, where there only ought to be fubjedls." 
 I mull own, I never could conceive any juft me- 
 dium between the fupremacy of Parliament over 
 the Colonies in all cafes, on the one hand, and 
 the Independeucy of the Colonies, on the other. 
 Having juft taken up a book which exadlycx* 
 prcfles my thoughts, I Ihall quote a paffage from 
 it — " The Britifli Parliament muft be the fu- 
 *' preme power in all the Britifli dominions; and 
 *« if fo, all the Britifli dominions ought to pay 
 '* obedience, in all cafes, to all the laws in which 
 " they are mentioned, -that may be enabled by 
 <« the Britifli Parliament } and to refufe obedience 
 
 «« in 
 
 «< 
 
 cc 
 
 cc 
 « 
 
 c< 
 
 M:'fi' 
 
in North America^ &c^. 
 
 w 
 
 ^* In any fuch cafc^ is . to declare themfelves an 
 ^' independent people." 
 
 No good man would widi to revive the qiieftion 
 concerning the right of the Britifh Parliament to 
 tax the Colonies; and the 18 Geo. itl. c. 12. 
 hath declared, " That the King and Parliament 
 " of Great Britain will not impofe any duty^ tait, 
 " &c. payable in the Colonies, except for the 
 « regulation of commerce." The fupreme and 
 ^bfolute authority of the Britifh Empire is veiled 
 in the King and Parliament, and to their diredtion 
 in all cafes I do moil dutifully fubmit $ but al* 
 though the i9 Geo. III. may be conclufive as to 
 thofe Britifh Colonies which are already fettled, 
 yet that Ad cannot extend to thofe which may 
 hereafter be acquired, nor reftrain the King and 
 Parliament from fettling them on what terms they 
 may think proper. And as I apprehend there 
 are at prefent.no thoughts of extenfive Coloniza- 
 tion, we ought to fettle a few lilands in different 
 parts of the wbrldi in the nature of free ports^ 
 and on the plan above mentioned, in order to fe* 
 ture our commerce. Every man of difcernment 
 muft be convinced, that the Eaft India Company 
 will not long be able to hold the extenfive coun<^ 
 tries they now command : and the fooner fome- 
 thing is done in the Indian ocean, on the plan I 
 have propofedi the bettei: it may be for this 
 Country; I flatter myfelf that no man entertains 
 a greater regard for . true liberty, and the happy 
 Conllitution of this IQand} than i do j but altho* 
 It might be intended to benefit mankind, by 
 eftablifhing the counterpart of our excellent Con- 
 flitution in the large Provinces on the Continent 
 of America, yet there can be no reafon for con- 
 vening a Colony Lcgiflature in fuch fmall Iflands 
 4s may hereafter be fettled, for the folc purpofe 
 
 L 2 of 
 
 
!,l 
 
 ); 
 
 tii^ii 
 
 'M I'i] 
 
 mlm ::' 
 
 '. * 
 
 '!','■ I 
 
 ■«. : I 11 ■ . 
 
 ' 148 Conpttttian of the British ColoniISi 
 
 t>f commerce; and if th^y enjoy the Common 
 Law of England, and are under the immediate 
 and fole diredlion of thtf fupfcme Legiflature of 
 the Empire, they wrH hav6 no reafon to com- 
 plain. 
 
 As far as lies with an obfcurc individual, I wifli, 
 on all occafioiis,to cortfuk the interefts of Chriftia- 
 nity, the good of ft\y country, and the welfare 
 of mankind: the purity of my intentions will 
 therefore afford me confolation, kt the fate 
 of nfiy proje^s be t^hat they trvay. — It is the gr^at 
 prid« of my lifife that I Was borft ih thh Ifland, 
 n^hkh is the Oftly fpot on ^arth that enjoys a free 
 ^nd happy GtttiftittitiOJi r tn^y it e6ntinue in its 
 prefent pttnty \b the l««ft poft^rhy ! fcut it \m 
 bften htirtcd Wy fe^lihgs «> i-feflfc<a, that after 
 Great firitalft Wad fettled a nfttn^i-ber of Col6hies at 
 an immeftfe exptnct^ protiefted therti againft the 
 French aiid Irtdia^s, giiren thfefti a freft form of 
 Governfttent, ai*d inftead of tramping their com- 
 merce by taxes, encouraging it by drawbacks and 
 boun^ties, fo th^t thfey became the ifiOft happy 
 people on earth — That tbofe Golonifts, from an 
 t'xccfs of liberty and affluence, fliould wantonly 
 follow the lead of fa<ftious men, ahd join the an 
 cient eficmie's <^f their country, to the intended 
 Seftrtfftioh (jf their Parent Staite, and their oitit 
 ruin, is more than human nature can bear ^ith 
 patience—When feveral turbulent men united 
 to involve the Province whe^e 1 tefided in the 
 civil war, I did, in my charges- to Grand Juries, 
 and on other Occafions, point out to them the ill 
 eonf(^quences that would attend the fubverfion of 
 the King's Government j the event has jtiftificd 
 my predictions 5 and having difcharged my dutjr 
 to my King and country, I mean, if God fparcs 
 me life alid health, to publifh a Narrative of my 
 
 conduct, 
 
in North America, 3cc, 
 
 149 
 
 conduft, which will not depend pn b^re aflertionj 
 buc authentic vouchers. 
 
 C H A P. IV- 
 
 Of the Governor of a Provincial Efiahlijhmenty or 
 King*s Government^ and of the fgixfers and autbori- 
 ties with which he is vejied by his CommiJJion^ and 
 Infiru^ions, 
 
 PROVINCIAL Eftablifliments being the only 
 fpecies of American Governments that now 
 remain to Great Britain, I fhall confine myfelf 
 to them, except where I have cccafion to fpeak 
 incidentally, of fome few particulars regarding 
 the Proprietary and Charter Governments, at 
 the time they were under the Crown of Great 
 Britain. • 
 
 I have already obferved, in a former part of 
 this work, that in a Provincial Eftablilhment, or 
 King's Qovernment, the Governor is named by 
 the King, and is his Rcprefentativc or Deputy. 
 He is fty^led *^ Captain- General and Governor in 
 " Chief in and over the Province, and Chan- 
 " cellor, Vice-Admiral, and Ordinary of the 
 " fame :" and has the title of " Excellency" given 
 him, in confequencc of his being the King's itja- 
 mediate Reprefentative. 
 
 I (hall lay before the Reader a inodern form of 
 a Governor's Comraiflion, which contains the re- 
 cital of the Act majde in the 6th year of his pre-r 
 fent Majefty, for altering the oath of abjuration, 
 &C.J and alio the recital of tfee 22 Geo. 11. c. 33, 
 for amending, explaii^ing, an4 reducing into 9fl€ 
 Ad pf JParliacqent, the laws relating tp the go- 
 vernment of his I^ajejfty'^ ihip§, veirels, and 
 
 L 3 forced 
 
MrM 
 
 ir 
 
 I 'M 
 
 1 
 
 ' ;" I. ■ : II. 
 
 'I '., 
 
 %i^: 
 
 
 
 
 K 
 
 ■irl:!' 
 
 .#,i;.|'^i:.-:i.; j^ 
 
 M'A 
 
 MU: 
 
 f ij 
 
 'C^'i 
 
 ^'1 
 
 Ipiiii 
 
 I! 
 
 sC'^iyi .1.-,, , 
 
 i if 
 
 ^\t ^ 
 
 Ik- 
 
 i 
 
 m. 
 
 150 Ccftfiifuiion of the British Colonies 
 
 forces by Tea. — The dates in this commimon are 
 firbitrary, and the name of any particular Pro- 
 vince is omitted. — I flatter myfelf there cannot 
 be the leaft difrefpeft tp Gjovernment in publifti- 
 ing this form of a Governor's commiflion^ as fome 
 have already appeared in print. 
 
 After the contmifllon of Governor^^ will appear 
 that of Vice- Admiral, arid then fome account of 
 the powers and authorities with whi^h 9 Gover- 
 nor is veiled by his commifliou and inftruftions, 
 
 G. R, 
 
 GEORGE the Thirds hy the Grace ofGod^ of Great 
 Britaitiy France ^ and Ireland Kmgy Defender of the, 
 Faith, and fo forth: Tp our frujiy and well belovd 
 4.B. Ef^i \ 
 
 Greeting 3 
 
 VXZHereas we did, by our JL.etters ^^atent under 
 ^^ our -Great Seal of Great Britain, bearing 
 ^ate at Weftminfter the firft day of January, in 
 the eighteenth year of our reign, conftitute and 
 appoint G. D. Efqj Captain-General and Gover- 
 nor in Chief in and over our Province qf F— — , 
 and the territories depending thereon in America^ 
 for and during our will and pleafure i as by the 
 faid recited Letters Patent (relation being thcre- 
 pnto had) may more fully and at large appear: 
 Now know you, that we have revoked and detcr- 
 inined, and by thcfe prefents do revoke and de- 
 termine the faid recited Letters Patent, and 
 every claufe, article^ and thing therein con- 
 tained. 
 
 And further know you that we, repofing efpe- 
 cial truft and confidence in the prudence, courage 
 and loyalty of you the faid A. B. of our efpecjal 
 grace^ certain knowledge, at^d n^ere motion," have 
 
 - ' though^ 
 
tn North Americaj &c. 
 
 Hi 
 
 rem con- 
 
 thought fit to conftitute and appoint you the faid 
 A. B. to be our Captain-General and Governor 
 
 in Chief in and over our Province of F , and 
 
 the territories depending thereon in America ; 
 And we do hereby require and command you to 
 do and execute all things in due manner that fhall 
 belong unto your faid command, and the trud 
 we have repofed in you, according to the fcveral 
 powers and directions granted or appointed you 
 by this prefent commiillon, and inftruftions here- 
 with given you, or by fuch further powers, in- 
 ftruftions, and authorities, as fhall at any time 
 hereafter be granted or appointed you under our 
 Signet and Sign Manual, or by our order in our 
 Privy Council, and according to fuch reafonable 
 laws and (latutes as now are in force, or hereafter 
 Ihall be made and agreed upon by you, with the 
 advice and confent of our Council, and the Af- 
 fembly of our faid Province under your govern- 
 ment, in fuch manner and forn^ as is herein after 
 cxprcffcd. 
 
 And our will and pleafure is^ that you the faid 
 A. 6. after the publication of thefe our Letters 
 Patent, do, in the firft place, take the oaths ap- 
 pointed to be taken by an A61: pafled in the firft 
 year of the reign of King George the Firft*, in- 
 tituled, ** An A6t for the further ftcurity of hisMa- 
 " jefty's perfon and government, and the fuccef- 
 " fion of the Crown in the heirs of the late Princefs 
 '^ Sophia, being Proteilants, and for extinguifh- 
 ** ing the hopes of the pretended Prince of Wales,^ 
 " and his open and fecret abettors." And by an 
 Ad pafTed in the fixth year of our reign f, in- 
 tituled, " An Ad for altering the oath of abjura- 
 *< tion, and the afTurance ; and for amending f^ 
 
 * 1 Qeo. I. A. a. c. 13. 
 
 t 6 Geo. 1x1,0.53. 
 Xj j^ <^ much 
 
'Si -.i 
 
 ii;, I 
 
 '1 ^ ■*; 
 
 
 in- 
 
 m:M> 
 
 r 
 
 '44 ¥■■$ ''''■ 
 
 m ^''i 
 
 I 
 
 151 Conftitution of the British Coi.onies 
 
 ** much of an Aft of the fcvcnth year of her lat^ 
 f' Majefty Queen Ann, intituled. An Aft for the 
 V improvement of the Union of the two Kiog- 
 " doms, as after the time therein limited requires 
 *' the delivery of certain lifts, and copies therein 
 «* mentioned, to perfons indifted of high treafon, 
 ^* or mifprifion of treafon." As alfo, that you 
 make and fubfcribe the declaration mentioned 
 in an Aft of Parliament made in the twenty- 
 ^fth year of the reign of King Charles* the Second, 
 intituled, " An Aft for preventing dangers which 
 *' may happen from Popifli recufants." And 
 ijkewife, that you take the oath ufually taken by 
 the Governors in the Plantations, for the due 
 execution of the office and truft of our Captain- 
 General and Governor in Chief in and over our 
 laid Province of F — — , and the territories de-i 
 pending thereon, for the due arid impartial admi- 
 j^iftration of juftice : and further, that you take 
 the oath required to be taken by Governors of 
 Plantations, to do their utmoft, that the feveral 
 laws relating to trade and the Plantations be duly 
 9bferved: which Jajd oaths and declaration our 
 Council of our faid Province, or any three of the 
 Members thereof, have hereby full power and 
 authority, and are required to tender and admi- 
 niftcr unto you, and in your abfence to our Lieu- 
 tenant-Governor, if there be any upon the place i 
 all which being duly performed, you fhall your- 
 felf adminifter unto each of the Members of our 
 faid Council j as alfo to our Lieutenant-Governor, 
 if there be any upon the place, the oaths men- 
 tioned in the faid Afts, intituled, " An Aft for 
 V the further fecurity of his Majefty's perfon and 
 <f government, and the fucceflion of the CrowA 
 
 m 
 
 'm\ 
 
 
 # 25 Cha. II. q. 2, 
 
 « in 
 
in North America, fire. 
 
 i^ 
 
 ♦? in the heirs of the late Princcfs Sophia, being 
 « Proicftants, and for extinguifhing the hopes of 
 f« the pretended Prince of Wales, and his open 
 " and fecret abettors." And an A6t for altering 
 ;he oath of abjuration, and the affuranccj and 
 for amending fo much of an Adl of the fevcnth 
 year of her late Majefty Queen Ann, intituled, 
 «' An A<fl for the improvennent of the Union of 
 « the two Kingdoms, as after the time therein 
 <* limited requires the delivery of certain lifts, 
 « and copies therein mentioned, to perfons in- 
 " ditfted of high treafon, or mifprifion of treafon;** 
 as alfo to caufe them to make and fubfcribe the 
 afore mentioned declaration, and to adminifter to 
 them the ufual oath fof the due execution of their 
 places and trufts. 
 
 And we do hereby give and grant unto you full 
 power and authority to fufpend any of the Mem- 
 bers of our faid Council from fitting, voting, or 
 afTifting therein, if you fiiall find juft caufe for fo 
 doing i and if there fhall be any Lieutenant-Go- 
 yernor, him likewife to fufpend from the execu- 
 tion of his command, and to appoint anothtr in 
 his ftead until our pleafure be known : and if 
 it fhall at any time happen, that, by the death, 
 departure out of our faid Province, or fufpenfion 
 of any of our faid Councillors, or otherwife, there 
 fliall be a vacancy in our faid Council (any three 
 whereof we do hereby appoint to be a quorum), 
 our will and pleafure is, that you fignify the fame 
 unco us by the firit opportunity, that we may, 
 under our Signet and Sign Manual, conftitute 
 and appoint others in their ftead. But that our 
 affairs may not fufFer at that diftance, for want of 
 ^ due number of Councillors, if ever it fhould 
 happen that there be lefs than feven of them re- 
 fiding in our faid Province, we do hereby give 
 
 and 
 
I 
 
 m 
 
 i 
 
 
 I'll ,; 
 
 tM. i ' 
 
 Mv-^ ••""''■ ■':'■''■■ 
 
 
 I \'\\ 
 
 If 
 
 i 
 
 
 '3 ' tr 
 
 'I 
 
 
 
 154 Conjlitution of the British Colonies 
 
 and grant unto you the faid A. B. full power and 
 authority to chufe as many perfons out of the 
 principal Freeholders, inhabitants thereof, as will 
 make up the full number of our faid Council to 
 be feven, and no more ; which perfons, fo chofen 
 and appointed by you, fhall be, to all intents and 
 purpofes. Councillors in our faid Province, until 
 either they fhall be confirmed by us, or that, by 
 the nomination of others by us, under our Sign 
 Manual and Signet, our faid Council fhall have 
 fcven or more perfons in it. 
 
 And we do hereby give and grant unto you 
 full power and authority, with the advice and 
 confent of our faid Council, from time to time 
 as need fhall require, to fummon and call Gene- 
 ral AfTemblies of the faid Freeholders and Planten 
 within your government, according to the ufage 
 of our Province of F~. And our will and 
 pleafure is, that the perfons thereupon duly clcft- 
 cd by the major part of the Freeholders of the 
 refpedlive Counties and places, and fo .returned, 
 fhall, before their fitting, take the oaths men- 
 tioned in the faid Adts, intituled, " An A£l for 
 " the further fccurity of his Majelly's perfon and 
 ** Government, and the fuccefHon of the Crown, 
 *< in the heirs of the late Princefs Sophia, being 
 " Protcftants, and for extinguifhing the hopes of 
 «* the pretended Prince of Wales, and his open 
 *« and fecret abettors :" — and <* An A61 for al- 
 ** tering the oath of abjuration, and the afTu- 
 rance j and for amending fo much of an Aft 
 of the feventh year of her late Majefly Queen 
 Ann, intituled. An A(5l for the improvement 
 of the Union of the two Kingdoms, as after 
 the time therein limited, requires the delivery 
 of certain lifts, and copies therein mentioned, 
 to perfons indidtcd of high trcafon, or mif- 
 
 <* prifion 
 
 <c 
 
 (C 
 
 <c 
 
 c< 
 
 cc 
 
 cc 
 
in North America, &c. 
 
 ^55 
 
 f« prifion of trcafon :'*— as alfo, make and fub- 
 fcribc the afore- mentioned declaracion(which oaths 
 and declaration you fhall connmiflionate fit per- 
 fons, under our Seal of F— — , to tender and ad- 
 niinider unto then)) : and until the fame (hall be 
 fo taken and fubfcribed, no perfon fhall be ca- 
 pable of fitting, though eledted. 
 
 /Vnd we do hereby declare, that the perfons {o 
 eleded and qualified (hall be called and deemed 
 The Qeneral A^cnnbly of that our Province, and 
 the territories depending thereon. 
 
 And you the f^id A. B* by and with the con- 
 fcnt of our faid Council and Aflcmbly, or the 
 major part of them refpe^ively, fh^U have full 
 power and authority to make, conftitute, and or- 
 dain laws, (latutes, and ordinances, for the public 
 peace, welfare, and good government of our faid 
 province, and of the people and inhabitants 
 thereof, and fuch others as fhall refort thereto, 
 ^nd for the t>cn?fit of us, our heirs and fucceflTors; 
 which faid laws, ftatutes, and ordinances, are noc 
 p be repugnant, but as near a$ may be agreeable to 
 the laws and llatutes of this our kingdoo) of Great 
 ^ritain. 
 
 Provided that all fuch laws, flatutes and ordi- 
 nances, of what nature or duration foevcr, be, 
 wiijiin three months or fooncr after the making 
 thereof, tranfmitted unto us under our Seal of 
 
 jF , fpr our approbation or difallowance of 
 
 the fame ; as alfo duplicates thereof by the next 
 ponveyancc. 
 
 And in cafe any or all of the faid laws, ftatutes, 
 and ordinances, being not before confirmed by 
 us, fhall at any time be difallowed, and not ap- 
 proved, and fo fignified by us, our heirs or fuc- 
 ceflTors, under our or their Sign Manual and Signet, 
 gr by order of our or their Privy Council, unto 
 
 you 
 
 f 
 
 if' 
 r, 
 
 
i'1-ri 
 
 I- M 
 
 .., l^i;:' :j 
 
 ■ I 
 
 M\ ■ 
 
 I r 
 
 1 i -■^• 
 
 156 Conjlitution of the British Colonies 
 
 you the faid A. B. or to the Commander in Chief 
 of our faid Province for the time being; then 
 fuch and fo many of the faid laws^ ftatutes and 
 ordinances, as (hall be fo dif^lluwed, and not ap« 
 proved, fhall from thenceforth ceafc, determine, 
 and become utterly void and of none efFedi any 
 thing to the contrary thereof notwithftanding. 
 
 And, to the end that nothing may be palfed or 
 done by our faid Council or Affcmbly, to the pre- 
 judice of us, our heirs or fucceflbrs, we will and 
 ordain, that you the faid A. B. fh^U have and en- 
 joy a negative voice in the making 4nd paffing of 
 all laws, (latutes and ordinances, as aforefaid: 
 and you Ihall and may likewife, from time to 
 time, as you fhall judge it neccffary, adjourn, 
 prorogue, and diflblvc all General Aflemblics as 
 aforefaid. 
 
 And our further will and pleafure is, that you fhall 
 and may ufe and keep the Public Seal of our faid 
 
 Province of F , for fealing all things whatfo- 
 
 ever that pafs the Great Seal of our faid Province 
 under your government. 
 
 And we do further give and grant unto you the 
 faid A. B. full power and authority from time to 
 time, and at any time hereafter, by yourfelf, or 
 by any other to be authprifed by you in that be- 
 half, to adminifter and give the oaths mentioned 
 in the faid Aifls, intituled, " An Ad for the fur- 
 *' ther fecurity of his Majefl:y*s perfon and Go* 
 ** vernment, and the fucceflion of the Crown in 
 *' the heirs of the late Princefs Sophia, being 
 " Proteftants, and for extinguilhing the hopes of 
 *' the pretended Prince of Wales, and his open 
 «« and fecret abettors :" and, " An A61 for alter- 
 " ing the oath of abjuration, and the affurancej 
 " and for amending fo much of an A<51 of the 
 <* fcvcnth year of her late Majefty Queen Ann, 
 
 <* intituled, 
 
in NoRtH AMERiCyif, &c. 
 
 »S7 
 
 <» intituled. An Ad for the improvement of thie 
 " Union of the two Kingdoms, as, after the time 
 «« therein limited, requires the delivery of certaih 
 '< lifts, and copies therein mentioned, to perfons 
 «* indifted of high treafon or mifprifion of trea- 
 " fon,** to all and every fuch perfon and per- 
 fons as ydu (hall think Hr, who (hall at any time 
 Or times pafs into our faid Province, or (hall be 
 refident or abiding there. 
 
 And we do further by thefe prefents give and 
 grant unto you the fa'd A. B. full power and au- 
 thority, with the advice and confent of our faid 
 Council, to cre6t, conflitute, and eftablilh fuch 
 and fo many Courts of Judicature and public 
 Juftice, within our faid Province under your go- 
 vernment, as you and they (hall think fit and ne*- 
 cefTary for the hearing and determining of all 
 caufes, as well criminal as civil, according t6 
 law and equity, Jtnd for awarding execution there- 
 upon J with all reafonable and necefTary powers^ 
 authorities, fees, and privileges belonging there-- 
 unto : as alfo, to appoint and commilTionate fit 
 perfons in the feveral parts of your government^ 
 to adminifter the oaths mentioned in the aforefaid 
 Ad, intituled, '^ An Ad for the further fecurity 
 *^ of his Majefty's perfon and government, and 
 " the fucccffion of the Crown, in the heirs of th6 
 " late Princefs Sophia, being Proteftants, and fof 
 '' extinguifhing the hopes of the pretended Prince 
 " of Wales, and his open and fccret abettors;" 
 and " An A6t for altering the oath of abjuration, 
 '^ and the afTurance ; and for amending fo much 
 " of an A6t of the feventh year of her late Ma- 
 " jefty Queen Ann, intituled. An Ad for the 
 '^ improvement of the Union of the two King- 
 " doms, as, after the time therein limited, re- 
 '* quires the delivery of certaiii lifts and copies 
 
 " therein 
 
 IfPII 
 
'll !!■ 
 
 ' i 
 
 !? r 
 
 If 
 
 158 ConfiitnlioH of the British CfStoiiiti 
 
 *' therein mentioned, to perfons indidtcd of Hig^ 
 *' treafon, or mifprifion of treafon 5" as alfo to 
 tender and adoiiniiler the aforefaid declaration, 
 unto fuch perfons belonging to the faid GourtSi 
 as fhall be obliged to take the fame. 
 
 And we do hereby authorife and impowcr you 
 to conditute and appoint Judges^ and in cafes 
 requifite, Commiflioners of Oyer and Terminer, 
 Juftices of the Peace, and other ncceflary Officers 
 and minifters in our faid Province, for the bettef 
 adminiftration of juftice, and putting the laws i.. 
 execution s and to adminifter^ or caufe to be ad- 
 miniflered unto them, fuch oath or oaths as ait 
 ufually given for the due execution and perform- 
 ance of offices and places, and for the clearing of 
 triith in judicial caufes* 
 
 And we do hereby give and grant unto you full 
 power and authority, where you Ihall fee caufe^ 
 or (hall judge any offender or offenders in cri- 
 minal matters, or foi any fines or forfeitures due 
 unto us, fit objects of oiir mercy, to pardon all 
 fuch offenders, and to remit all fuch offences^ 
 fines, and forfeituresi treafon and wilful murder 
 only ^excepted ; in which cafes, you fhall like- 
 wife have power, upon extraordinary oceafionsy 
 to grant reprieves to the offenders, until, and to 
 the ifitent that, our royal pleafure may be known 
 therein. 
 
 And we do, by thefc prcfents, authorife and 
 impower you to collate any perfon or perfons to 
 any churches, chapels, or other ecelefiaftical be- 
 nefices within our faid province and territories 
 aforefaid, as often as any of them fhall happen to 
 be void. 
 
 And we do hereby give and grant unto you th« 
 faid A. B. by yourfelf or by your captains and 
 commanders, by you to be authorifedj full power 
 
 and 
 
in North America^ Bcti 
 
 »5i 
 
 Ts m en- 
 
 and authority to levy, arm, mufter, command, 
 and employ all perfons whatfoever, refiding withia 
 our faid Province of F — — , and other the terri- 
 tories under your government j and, as occafion 
 fhall ferve, to march them from one place to 
 another, or to embark them, for the refilling and 
 withftanding of all enemies, pirates, and rebels, 
 both at fea and land ; and to tranfport fuch forces 
 to any of our plantations in America, if neccffity 
 Ihall require, for the defence of the fame againft 
 the invafions or attempts of any of our enemies ; 
 and fuch enemies, pirates, and rebels, if there 
 Ihall be occafion to purfue and profecute in or 
 out of the limits of our faid Province and Plan- 
 tations, or any of them j and if it fhall fo pieafe 
 God them to vanquifli, apprehend, and cake, 
 and being taken, either according to law to puc 
 to death, or keep and preferve alive, at your dif- 
 cretion j and to execute martial law in time of 
 invafion, war, or other times, when by law it 
 may be executed ; and to do and execute all and 
 every other thing and things, which, to our Cap- 
 tain General and Governor in Chief, doth or 
 ought of right to belong. # 
 
 And we do hereby give and grant unto you full 
 power and authority, by and with the advice and 
 confent of our faid Council, to ere6t, raife, and 
 
 build, in our faid Province of F , and the 
 
 territories depending thereon, fuch and fo many 
 forts and platforms, caftles, cities, boroughs, 
 towns, and fortifications, as you, by the advice 
 aforcfaid, fhall judge neceflaryj and the fame, 
 or any of them, to fortify and furnifh with ord- 
 nance, ammunition, and all forts of arms fit and 
 neceflary for the fecurity and defence of our faid 
 Province ; and, by the advice aforefaid, the fame 
 
 again. 
 
 ! M 
 
 
'I 
 
 
 
 I 
 
 
 
 
 ^Ml'PV'ih"! 
 
 ^►il! v'. 
 
 •!>^ ' |. 
 
 r 1, , ■ %:' , ■ 
 
 
 \i\im 
 
 M 
 
 16d Conjiitution of the British Colonies 
 
 again, or any of them, to dcmolilh or diftnantlcj 
 as may be mod convenient. 
 
 And forafmuch as divers mutinies and diforders 
 may happen by perfons (hipped and employed at 
 fea, during the time of war; and to the end that 
 fuch as Ihall be fhipped and employed at fea 
 during time of war, may be better governed 
 and ordered, we do hereby give and grant unto 
 you the faid A. B. full power and authority to 
 conftitute and appoint Captains, Lieutenants, 
 Mailers of Ships, and other Commanders and Of- 
 ificers, and to grant to fuch Captains, Lieute- 
 nants, Ma'fters of Ships, and other Commanders 
 and OfHcers Commiffions, to execute the law 
 martial during the time of war, according to the 
 diredlions of an A6t pafiTed in the twenty-fecond 
 year of the reign of our late Royal Grandfather *, 
 Intituled, " An A(St for amending, explaining, 
 ** and reducing into one A6t of Parliament the 
 «« laws relating to the government of his Majeily's 
 *^ fhips, veflels, and forces by fea j" and co ufe 
 fuch proceedings^ authorities, punifhments, cor- 
 teflions, and executions upon any oflTender or 
 offenders, who (hall be mutinous, feditious, dif- 
 orderiy, or any way unruly either at fea, or du- 
 ring the time of their abode and refidence in any 
 of the ports, harbours, or bays of our faid pro- 
 vince and territories, as the cafe Ihail be found to 
 require, according to the martial law, and the 
 faid dire6lions, during the time of war as afore- 
 faid. 
 
 Provided that nothing herein contained fhall 
 be conftrued to the enabling you, or any by your 
 aurhoriry, to hold plea, or have any jurifdidion 
 
 • 22 Geo. JI. C. 33. 
 
 2 
 
 of 
 
 > i) 
 
 '-' J 11. 
 
sH North America, &c; 
 
 itfi 
 
 bf any offences, caufe, matter, or thing com- 
 mitted or done upon the high lea, or within any 
 of the havensi riversj or creeks of our faid Pro- 
 vince and territories under your government, by 
 any Captain, Commander, Lieutenant, Mafter^ 
 Officer} Seaman, Soldier, or othfr perfon what- 
 foever, whofhall be in our adtual fervice and payj 
 in or on board any of our Ihips of war, or other 
 veflels afting by immediate commiflTion or war- 
 rant from our Commiflioncrs, for executing the 
 office of our High Admiral of Great Britain j or 
 from our High Admiral of Great Britain for the 
 time beingj under the Seal of our Admiralty ; but 
 that fuch Gaptainj Commander, Lieutenant^ 
 Mailer, Officer, Seaman, Soldier^ or other per- 
 fon fo offending, fhall be left to be proceeded 
 againft, and triedj as their offences fhall require, 
 either by commiffion under our Great Seal of 
 Greac Britain, as the Statute of the twenty-eighth 
 pf Henry the Eighth diredls, or by Commiflion 
 from oiir (aid Commiffioners for executing the 
 office of our High Admiral of Great Britain, or 
 from our High Admiral of Great Britain for the 
 time being, according to the aforementioned 
 Aftj intituledi " An A61 for amending> explain- 
 *' ing, and reducing into one Aft of farliamenC 
 " the laws relating to the government of his Ma- 
 r jefty's (hips, vcffels, and forces by fca, and not 
 '" othcwife." 
 
 Provided neverthelefs, that all diforders and 
 Itnirdemeanoii's, committed on (hore by any Gap-* 
 jtain, Corhmander, Lieutenant, Malter, Officer^ 
 [Seaman, Soldier, or other perfon whatfoever be- 
 longing to any of our fhips of war, or other veffcls, 
 ifting by immediate ommiffion or warrant 
 prom our faid Commiffiuners for executing the 
 office of our High Admiral of Great Britain, or 
 
 M from 
 
 H 
 
 1' 
 
 :' 
 
 iii' 
 
 ii 
 
 ]'■ 
 
 H i! 
 
 , J .« 
 
 > > I 
 
ii •;;;i:"' : 
 
 .1 
 
 t6l Confiitution of the BitrTxsH CoLONtES 
 
 from our High Admiral of Great Britain for the 
 time being, un^cr the Seal of our Admiralty, 
 may be tried and punifhed, according to the laws 
 of the place, where any fuch diforder, offence, 
 find mifdemeanor fhall be committed on Ihore, 
 notwithftanding fuch offenders be in our adual 
 fervice, and borne in our pay on board any fuch 
 our Ihips of war, or other vefTels, afting by im* 
 mediate commidion or warrant from our faid 
 Commiffioners for executing the office of our 
 High Admiral of Great Britain, or from our 
 High Admiral of Great Britain for the time be- 
 ing as aforefaid % fo as he fhall not receive any 
 prote^loa for the avoiding of judice for fuch of- 
 fences committed on fhore, from any pretence 
 of his being employed in our fervice at fea. 
 
 And our further will and pleafure is, that aii 
 public monies raifed, or which fhall be raifcd by 
 Srny Aft to be hereafter made within our faid Pro- 
 vince, and other the territories depending thereon, 
 be ifTued out by warrant from you, by and with 
 the advice and confent of our Council, and dif- 
 pofed of by you for the fupport of the govern- 
 ment, and not otherwife. 
 
 And we do hereby likewife give and grant unto 
 you full power and authority, by and with the 
 advirc and confent of our faid Council, to fettle 
 and agree with the inhabitants of our province 
 and territories aforefaid, for fuch lands, tene- 
 ments, and hereditaments, as now are, or here- 
 after fhall be in our power to difpole of, and 
 them to grant to any pcrfon or perfons upon fuch I 
 terms, and under fuch moderate quit-rents, fer- 
 vices, and acknowledgments, to be thereupon rc- 
 fcrved unto us, as you, by and with the advice afore- 1 
 taid, rhali think fit : which faid grants are to pafs 
 and be fealed by our Seal of our faid Province of 
 
 F A 
 
i^ NoRtH AMJUIcJA, &C. t6^ 
 
 !?«..* I and being entered upon record by fucfi 
 officer or ofHcersj as are or (halt be appointtd 
 thereunto, fhall be good and effedual in Uvt 
 againfl us, our heirs^ and fuccefforsi 
 
 And we do hereby give you the faid A. B. full 
 power and authority to order and appoint fairs« 
 marts^ and markets, as alfo fuch and fo many 
 ports, harboursi bays, havensj and other places 
 for the convenience and fecurity of fhippingj and 
 for the bettei" loading and unloading of goods and 
 merchandifes in fuch and fo many places, as by 
 you> with the advice and confent of our faid 
 Council, (hall be thought fit and nece(rary. 
 
 And we do hereby require and command all Of^ 
 ficers and Mih'ifters, civil and military, and all othei^ 
 inhabitants of our faid Province and Territories de* 
 pending thereon, to be obedient, aiding, and aflift- 
 ing unto you, the faid A. B. in the execution of 
 this our Commiflion, and of the powers and autho-* 
 jfitics herein contained j and in cafe of your death 
 orabfence out of our faid province and territories 
 depending thereon, to be obedienr, aiding, and 
 affifting unto fuch perfon as fnall be appointed bf 
 us to be our Lieutenant Governor, or Commander 
 in Chief of our faid Province for the time being j 
 to whom we do therefore by thefe prefents give 
 and grant all and fingular the powers and aucho- 
 ritles herein grantedj to be by him executed and 
 enjoyed during our pleafure, or until your arrival 
 |wichiri our faid \ rovince and territories. 
 
 And if, upon your death or abfence out of our 
 Ifaid province and territories depending thrreon, 
 jthere be no perfon upon the place coniinifrionatcd 
 lor appointed by us to be our Lieutenant Gj- 
 Ivernor, or Commander in Chief of our faij I'ro- 
 Ivince, our will and pleafure is, that the eldeil 
 ICouncillor, whofe name is firft placed in our laid 
 
 M 2 ^inltrudiuns 
 
 ■■>■; 'ii 
 
 . • Ij. ■ 
 
 'r 
 
i !i 
 
 
 + 1' :• 
 
 :;'ii 
 
 III 
 
 ■ ;li 
 
 164 Confiitutiott of the British Colonies 
 
 >n(lru6^ions to you^ and who ihall, at the time of 
 your death or abfence^ be refiding within our faid 
 Province of F— — , fhall take upon him the ad- 
 miniftration of the government, and execute our 
 faid commiflion and mftrudions, and the feveral 
 powers and authorities therein contained, in the 
 fame manner, and to all intents and purpofes, as 
 other our Governor and Commander in Chief of 
 our faid Province, (hould or ought to do in cafe 
 of your abfence until your return, or in all cafes, 
 until our further pleafure be known therein. 
 
 And we do hereby declare, ordain, and ap- 
 point that you the faid A. B. (hall and may bold, 
 execute, and enjoy the office and place of our 
 Captain General and Governor in Chief in and 
 
 over our Province of F , and the territories 
 
 depending thereon, together with all andfingular 
 the powers and authorities hereby granted unto 
 you, for and during our will and pleafure. 
 
 In witnefs whereof, we have caufcd thcfe our 
 Letters to be made Patent. 
 
 Witnefs ourfelf at Weftminfter, the firft day 
 of January, in the twenty- third year of 
 our reign. 
 
 By Writ of Privy Seal, 
 
 YORKE and YORKE. 
 
 The 
 
 Great Seal 
 
 of 
 
 Great Britain. 
 
 In Charter Governments, fuch as ConnecflFcut 
 and Rhode Ifland, where the Governor was an- 
 nually chofen by the people, in the fame manner 
 
 as 
 
 i « 
 
in North America, &c. 
 
 ^^S 
 
 IS a Mayor is in a Corporation in England, it 
 would have been improper to have trufted fuch 
 clefted Governor (who was frequently a man of 
 little knowledge or confequencc) with the com- 
 mand of the Militia in the Province over which 
 he prefided. In fuch cafes therefore, before the 
 Civil War, it was ufual to infert in the Commif-^ 
 fion of the Governor of the Provincial Eftablifh- 
 menc, or King's Government, next to fuch 
 Charter Government, a claufe, apipointing the 
 King's Governor Captain General and Coqrif 
 jnander in Chief of the Militia and Forces by fea 
 and Land ; and of all forts, &c, in fuch Charter 
 Government j which claufe was in the following 
 words : 
 " And whereas there are divers Colonies ad- 
 
 " joining to our Province of F , for the de- 
 
 " fence and fecurity whereof, it is requifite that 
 " due care be taken in time of war j we have there- 
 " fore thought it neceflfary for our fervice, and for 
 ^' the better proteftion and fecurity of our fubjedls 
 " inhabiting thofe parts, to conilitute and appoint, 
 ** and we do by thele prefents conftitutc and ap- 
 " paint you the faid A. B. to be our Captain Ge- 
 " nerai and Commaiider in Chief of the Militia, 
 " and of all the forces by lea and land within our 
 
 " Colony of G , and of all our forts and places 
 
 " of ftrength within the famcj and for the better 
 *' ordering, governing, and ruling our faid Militia, 
 ■* and all our forces, forts, and places of itrength 
 
 " within our faid Colony of G , we do hereby 
 
 " give and grant unco you the faid A. B and in 
 " your abfence to our Commander in Chief of our 
 
 ** Province of F , all and everv the like 
 
 *' powers as in thefe prefents are before granted 
 " and recited, for the ruling, governing, and 
 ^* ordering our Militia, and all our forces, forts, 
 
 M 3 *• and 
 
 i-:| 
 
 ' 
 
 W ' 
 
 '*h t, 
 ] !' i! I 
 
 *»<-■. 
 
 i!'t . 
 
 n 
 
h t' 
 
 H"! 
 
 Vi I 
 
 m 
 
 „ * 
 
 :"S| 
 
 . |66| ConfiUution of the British Colowibi 
 
 •* and places of ftrcngth within our Province of 
 
 *f F 1 to be excrcifcd by you the faid A. B, 
 
 *< and in your ablence from our territories and 
 
 f* dominion of F , by our Commander in 
 
 f* Chief of our Province of F— , within our 
 <« faid Colony of G-^ — , for and during our 
 f « plcafurc," 
 
 COMMISSION of VICE ADMIRAL 
 
 CEORGE the Thirds by the Grace of God of Great 
 Britain^ francey and Ireland King^ Defender of 
 the Fat thy to our beloved A* B, Efq, our Captain 
 General and Governor in Chief in and over cur 
 Province of F-r^—, in America* 
 
 Greeting ; 
 \TI7E couftding very much in your fidelity, carcj, 
 ^^ and circumfpedion in this behalf, do, by 
 thefe prcfents, which arc to continue during our 
 pleafurc only, conftitute and depute you the faid 
 A B. Efq our Captain General and Governor in 
 Chief aforcfaid, our Vice Admiral, Commiffary, 
 and Deputy in the Office of Vice Admiralty in 
 pur Province of F— — aforefaid, and the terri- 
 tories depending thereon in America, and in the 
 inaritime parts of the fame and thereto adjoining 
 whatfoevcrj with power of taking and receiving 
 ^11 and every the fees, profits, advantages, emo- 
 luments, commodities, and appurtenances what* 
 foever due, and belonging to the faid office of 
 Vice Admiral, Commiffary, and Deputy in our 
 
 Province of F' , and the territories depending 
 
 thereon, and maritime parts of the fame and ad- 
 joining to them whatfoever, according to the or- 
 dinances and ftatutes of our High Court of Ad- 
 iniralty in England. 
 
 And 
 
in North America, &c. 167 
 
 And we do hereby remit and grant unto you 
 the aforefaid A. B. our power and authority in 
 and throughout our province of F— — aforemen- 
 tioned, and the territories depending thereon, 
 and maritime parts whatfoever of the fame and 
 thereto adjacent, and alfo throughout all and 
 every the fea-fliores, public ftreams, ports, frelh 
 water rivers, creeks, and arms, as well of the fea 
 as of the rivers and coafts whatfoever of our faid 
 
 Province of F , and the territories depending 
 
 thereon, and maritime parts whatfoever of the 
 fame and thereto adjacent, as well within liberties 
 and franchifes, as without; to take cognizance 
 of, and proceed in, all civil and maritime caufes, 
 and in complaints^ contrafls, offences, or fufpefted 
 offences, crimes, pleas, debts, exchanges, ac- 
 counts, charter-parties, agreements, fuits, tref- 
 paiTes, injuries, extortions, and demands, and 
 bufinefs civil and maritime whatfoever, com- 
 menced or to be commenced between merchants, 
 or between owners and proprietors of fliips and 
 other velTels, and merchants or others whomfo- 
 cvcr, with fuch owners and proprietors of (hips 
 and all other veflels whatfoever, employed or ufed 
 within the maritime jurifdidlion of our Vice Ad- 
 
 (niralty of our faid Province of F , and the 
 
 territories depending thereon, or between any 
 other perfons whomfoever, had, made, begun, 
 or contradted for any matter, thing,, caufe, or 
 bufinefs whatfoever, done or to be done within 
 our maritime jurifdidion aforefaid, together with 
 all and fingular their incidents, emergencies, de- 
 pendencies, annexed or connexed caufes whatfoever 
 or howfoever, and fuch caufes, complaints, con- 
 trads, and other the premifes above faid, or any 
 of them, which may happen to arife, be con- 
 tracted, had or done, to hear and determine ac- 
 
 M 4 cording 
 
 *ni 
 
 Mi 
 
 fi ! ', 
 
 M I 
 
 1 ': 
 
 1: 
 
 
 :h 
 
 lew 
 
 :i\ 
 
^^ 
 
 
 
 / 
 
 ^>^ 
 
 >^ 
 
 y 
 
 ^ 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-S) 
 
 1.0 
 
 £f lift 
 
 1.25 
 
 
 1 40 
 
 ■ 22 
 2.0 
 
 U 11.6 
 
 Photographic 
 
 Sdences 
 Corporation 
 
 
 4^ 
 
 z 
 
 ^ 
 
 ^ 
 
 
 23 WIST MAIN STRUT 
 
 WIBSTiR.N.Y. MSSO 
 
 (71«)S72-4S03 
 
 '^ 
 
'^ -V 
 
 .*, 
 
 fi-A^ 
 
 
 ^ 
 
m :' 
 
 ! t 
 
 i. 'i 
 
 ¥ I i; tt' 
 
 1 68 Conftitution of the British Colonies 
 
 cording to the rights, ftatutes, laws, ordinances^ 
 Stnd cuftoms anciently obfcrved. 
 
 And moreover, in all and fingular complaints, 
 contrails, agreements, caufes, and buHnefTes civil 
 and marinme, to be performed beyond the fea, 
 or contracted there, howfoever arifmg or happen- 
 ing : and alfo in all and fingular other caufes and 
 matters, which in any manner whatfocver touch 
 or any way concern, or anciently have and do, or 
 ought to belong unto the maritime jurifdi(5lion of 
 GUI* aforefaid Vice- Admiralty in ourfaid Province 
 
 of F , and the territories depending thereon, 
 
 and maritime parts thereof, and to the fame ad- 
 joining whatfoever; and generally, in all and 
 lingular all other caufes, fuits, crimes, offences, 
 cxceflcs, injuries, complaints, mifdcmeanors, or 
 fufpeded mifdemeanors, trefpafTes, regrating, 
 foreftalling, and maritime bufmeffes whatfoever, 
 throughout the places aforefaid, within the ma- 
 ritime jurifdidtion of our Vice AdiViiraky of our 
 
 Province of F aforefaid, and the territories 
 
 depending thereon by fea or water, on the banks 
 or ihorcs of the fame howfoever done, committed, 
 perpetrated or happening. 
 ~ And alfo to enquire by the oaths of honeft and 
 
 lawful men of our faid Province of F , and 
 
 the territories depending thereon, and maritime 
 j^arts of the fame and adjoining to them what- 
 foever, dwelling both within liberties and fran- 
 chifes and without, as well of all and fingular 
 fuch matters and things, which of right, and by 
 the flatutes, laws, ordinances, and the cuftomS 
 anciently obferved were wont and ought to be en- 
 quired after, asof wreck of the fea, and of all and 
 fingular the goods and chattels of whatfoever 
 traitors, pirates, manflayers, and felons howfoever 
 ^ffending within the maritime jurifdi^ion of our 
 - ■ ' •' ' ' '• yice-? 
 
 \ m'\ i 
 
in KoRTH Amerioa, tccm 
 
 1^9 
 
 Vice- Admiralty of our Province of F-— — afore-^ 
 mentioned, and the territories depending thereon, 
 and of the goods, chattels, and debts of all and 
 fingular their maintainers, acceifaries, council- 
 lors, abettors, or alHitants whomfoever. 
 
 And alfo of the goods, debts, and chattels of 
 whatfoever perfon or perfons, felons of thcm- 
 felves, by what means, or howfbcver coming to 
 their death within our aforefaid maritime jurif-» 
 didion, wherefpever any fuch goods, debts, and 
 chattels, or any part thereof, by fca, water, or 
 land in our faid Province of F— — , and the ter-. 
 ritories depending thereon, and maritime parts of 
 the fame and thereto adjacent whatfoever, as well 
 within liberties and franchifes as without, have 
 been or (ball be found forfeited, or to be forfeited, 
 or in being. 
 
 And moreover, as weH of the goods, debts^ 
 and chattels, of whatfoever other traitors, felons, 
 and manflayers wherefoever offending, and of the 
 goods, debts, and chattels of their maintainers, 
 acceiTaries, counfellors, abettors, or aflidants, as 
 of the goods, debts, or chattels of all fugitives, 
 perfons convi(5^ed, attainted, condemned, out-* 
 lawed, or howfoeyer put or to be put in exigent 
 for treafon, felony, manflaughter, or murder, or 
 any other oflFence or crime whatfoever ; and alfo 
 concerning goods waived, flotfon, jetfon, lagon, 
 Ihares and treafure found or to be found; 
 deodands, and of the goods of all others what- 
 foever taken or to be taken, as dereli<5b, or by 
 chance found, or howfoever due or to be due ; 
 and of all other cafualties, as well in, upon, or 
 by the fea and (hores, creeks or coafts of the fea, 
 or maritime parts, as in, upon, df; by all frcfli 
 waters, ports, public ftrcams, rivers, or creeksj 
 or places overflown whatfoever, within the ebbing 
 ' ' ' * ' • and 
 
 fe 
 
 ■' 
 
 
 # 
 
 ■t ' ■ ; 
 
 !!l-:-i 
 
•\ ! 
 
 I :i 
 ■ I 
 
 'ii 
 
 
 m 
 
 i'?;!.. ! 
 
 
 I'.fss-- 
 
 I' \ 
 
 i}Ct 
 
 I :i 
 
 "ill 
 
 M 
 lll'i, ■ 
 .Hi!, i 
 
 ; t 
 
 « ' 
 
 IIW il 
 
 1 T 
 
 Hi 
 
 .* 
 
 
 >I3 
 
 y'V 
 
 !: ,! 
 
 ^r!l a 
 
 ■I, -^': ll 
 
 m ' % U 
 
 
 170 ConftiiuHoH pf the British Colokiis 
 
 and flowing of the Tea or high water, or upon the 
 (hores and banks of any of the fame within our 
 maritime jurifdidlion aforefaid> howfoever, when* 
 foevcr, or by what means foever arifing, happen- 
 ing or proceeding, or whcrefoever fuch goods, 
 debts, and chattels, or other the premifes, or any 
 parcel thereof may or fhall happen to be met with, 
 or found within our maritime jurifdidion afore- 
 faid. 
 
 And alfo concerning anchorage, laftage, and 
 ballad of fhips, and of fifhes royal, namely ftur- 
 geons, whales, porpoifes, dolphins, kiggs, an^ 
 grampufTes, and generally of all other B flies what* 
 foever, which are of a great or very large bulk or 
 fatnefs, anciently by right or cuflom, or any way 
 appertaining or belonging to us; 
 
 And to a(k, require, levy, take, colleft, re- 
 ceive, and obtain for the ule of us, and to the 
 office of our High Admiral of Great Britain afore* 
 faid for the time being, to keep and preferve the 
 faid wreck of the fea, and the goods, debts, and 
 chattels of all ^nd fingular other the premifes; 
 together with all and all manner of fines, mulds, 
 ilTues, forfeitures, amerciaments, ranfoms, and 
 recognizances whatfoever forfeited or to be for- 
 feited, and pecuniary punifhments for trefpaffes, 
 crimes, injuries, extortions, contempts, and other 
 mifdemeanors \yhatfocver, howfoever impofed or 
 inflided, or to be impofed or inflicted for any 
 matter, caufe, or thing whatfoever in our faid 
 Province of F— r- — , and th^ territories depending 
 thereon, and maritime parts of the fame and 
 thereto adjoining, in ^ny Court of our Admiralty 
 tthere held or to be held, prefented or to be 
 pfeftnted, aiFeflfed, brought, forfeited, or ad- 
 judged ; and ^Ifo all amerciaments, ilTues, fines, 
 perquifitcs, muld^, and pecuniary punifhmcnis 
 
 whatn 
 
in North America^ &c* 
 
 »7I 
 
 whatfoever, and forfeitures of all manner of re« 
 cognizances^ before you or your Lieutenant, De^* 
 puty or Deputies in our faid Province of F — — , 
 and the territories depending thereon, and mari- 
 time parts of the fame and thereto adjacent what- 
 foever, happening or impofed, or to be impofed 
 or inflicted, or by any means afleflcd, prcfented, 
 forfeited, or adjudged, or howfocver by reafon of 
 the premifes, due or to be due ^n that behalf to 
 us, or to our heirs and fucceffors. 
 
 And further to take all manner of recog- 
 nizances, cautions, obligations, and ftipulations, 
 as well to our ufe, as at the inltance of any par- 
 tics, for agreements or debts, or other caufcs 
 whatfoever, and to put the fame into execution, 
 and to caufe and command them to be executed j 
 and alfo to arred, and caufe and command to be 
 arreftcd, according to the civil and maritime 
 laws, and ancient cuftoms of our faltl court, all 
 ihips, perfons, things, goods, wares, and mer- 
 chandifes, for the premifes and every of them, 
 and for other caufes whatfoever concerning the 
 fame, wherefoever they (hall be met with, or 
 
 found throughout our faid Province of F , 
 
 and the territories depending thereon, and mari- 
 time parts thereof and thereto adjoining, as well 
 vithin liberties and franchifes as without j and 
 likewife for all other agreements, caufes, or debts, 
 howfoever contracted or arifing, fo that theG;K)ds 
 or perfons may be found within our jurifdidlion 
 aforefaid. 
 
 And to hear, examine, difcufs, and finally de- 
 termine the fame, with their emergencies, de- 
 pendencies, incidents, annexed and connexed 
 caufes and bufineifes whatfoever ; together with 
 all other caufes, civil and maritime, and com- 
 plaints, contracts, and all and every the refpedive 
 
 premifes 
 
 1^4 
 
 m 
 
'".> * 
 
 
 .i\;l' 
 
 V 
 
 f 7a ConJlUution of the British Colonies 
 
 prcmifes whatfoevcr above cxprcflcd, according 
 to the laws and cudoms aforefaid, and by all 
 Qther lawful ways, means, and methods, accords 
 ing to the bed of your ikiil and knowledge. 
 
 And to compel all manner of perfons in that 
 behalf, as the cafe (hall require, to appear and 
 to anfwer, with power of ufing any temporal cor- 
 reflion, and of inflidting any other penalty or 
 muldb, according to the laws and cudoms afore- 
 faid. 
 
 And to do and admlniHier judice, according to 
 the right order and courfe of law, fummarily and 
 plainly, looking only into the truth of the fads. 
 
 And to fine, correal:, puni(h, chaftife, reform, 
 ^nd to impriibn, and caufe and command to be 
 imprifoned in any gaols, being within our Pro- 
 vince of F — — aforefaid, and the territories de** 
 pending thereon, the parties guilty, and the con^ 
 temners of the law and jurifdidlion of our Admi- 
 ralty aforefaid, and violators, ufurpers, delin- 
 quents and contumacious abfcnters, maders of 
 fhips, mariners, rowers, fifhermen, fhipwrights, 
 and other workmen and artificers whatfoevcr cx- 
 ercifing any kind of maritime afifairs, according 
 to the rights, (latutes, laws, and ordinances, and- 
 cudoms anciently obferved ; and to deliver and 
 abfolutely difcharge, and caufe and command to 
 be difcharged, whatfoevcr perfons imprifoned in 
 fuch cafes, who are to be delivered. 
 
 And to preferve, or caufe to be preferved, the 
 public dreams, ports, rivers, frefh waters and 
 creeks whatfoevcr, within our maritime jurifdic- 
 tion aforefaid, in what place foever they be in 
 our Province of F aforefaid, and the terri- 
 tories depending thereon, and maritime parts of 
 the fame and thereto adjacent whatfoevcr, as well 
 for the prcfcrvation of our navy royal, and of the 
 
 J fleets 
 
in North America, &c. 
 
 «7J 
 
 Beets and vefTels of our kingdom and dominions 
 tforcfaid, as of whatfoever fifhes incrcafing in the 
 rivers and places aforefaid. 
 
 And alfo to keep, and caufe to be executed 
 and kept, in our faid Province of F— — , and 
 the territories depending thereon, and maricinie 
 parts thereof and thereto adjacent whatfoever, 
 the rights, (latutes, laws, ordinances and cuftoms 
 anciently obfcrved. 
 
 And to do, exercife, expedite, and execute all 
 and fingular other things in the premifes, and 
 every of them, as they by right, and according 
 to the laws and (latutes, ordinances, and cuftoms 
 aforefaid (hould be done. 
 
 And moreover to reform nets too clofe, and 
 other unlawful engines or inftruments whatfoever 
 for the catching of fiflies whercfoever, by fea, or 
 public dreams, ports, rivers, frefh waters, or 
 creeks whatfoever, throughout our Province of 
 F— aforefaid, and the territories depending 
 thereon, and maritime parts of the fame and 
 thereto adjacent, ufed or exercifed, within our 
 maritime jurifdi6tion aforefaid wherefoever. 
 
 And to punifli and correfb the exercifers and 
 occupiers thereof, accot'ding to the ilatutes, laws, 
 ordinances, and cufloms aforefaid. 
 
 And to pronounce, promulge, and interpofe all 
 manner of fentences and decrees, and to put the 
 fame in execution ; with cognizance and jurifdic- 
 tion of whatfoever other caufes, civil and mari- 
 time, which relate to the fea, or which any man- 
 ner of ways refpedl or concern the fea, or pafTage 
 over the fame, or naval or maritime voyages, or 
 our faid maritime jurifdidion, or the places or 
 limits of pur faid Admiralty and cognizance afore- 
 mentioned, and all other things done, or to be 
 donr. 
 
 With 
 
 (*i 
 
 I 
 
 I 
 
\iM 
 
 I v 
 
 ';i '•! 
 
 I 'I 
 
 1 I 
 
 "!V t . 
 
 t ■ 
 
 y-, 1 \ 
 
 •if 
 
 ft' , ;h 
 
 174 Conjlitution of the 'Avutxsh CtoLONiES 
 
 With power alio to proceed irt the fame, ac^ 
 cording to the (latutes> laws, ordinances, and 
 Cuftoms aforefaid, anciently ufcd, as well of mer* 
 office mixed or promoted, as at the inftance of 
 any party, as the cafe (hall require and fcem con- 
 venient : and likewife with cognizance and deci- 
 fion of wreck of the fea, and of the death, drown- 
 ing) and view of dead bodies of all perfons how- 
 foever killed or drowned, or murdered, or which 
 ihall happen to be killed, drowned or murdered, 
 or by any other means come to their death, in the 
 fea, or public dreams, ports, frefh waters, or 
 creeks whatfoever, within the Bowing of the fea 
 and high-water mark> throughout our aforefaid 
 
 Province of F- , and the territories depending 
 
 thereon, and maritime parts of the fame, and 
 thereto adjacervt, or elfcwherc within our maritime 
 ju^ifdidbion aforefaid. 
 
 Together with the cognizance of Mayhem in 
 the aforefaid places, within oun maritime jaril-' 
 didkion aforefaid, and flowing of the fea and water 
 there happenings with power alfo of punilhing 
 all delinquents in that kind, according to the exi- 
 gencies of the law and cudoms aforefaid. 
 
 And to do, exercife, expedite^ and execute al! 
 and fingular other things, which in and about the 
 premiffcs only (hall be neceffaryor thought meetj 
 according to the rights, (latutds, laws, ordinances^ 
 and cufioms aforefaid. 
 
 With power of deputing and furrogating in 
 your phcc for the premiffesi one or more deputy 
 or deputies^ as often as you (hall think fit i and 
 alfo with power from time to tiitie of naming, ap- 
 pointing, ordaining, alTigning, makings and con- 
 ftituting whatfotver other nece(farv, fit, and con- 
 venient Officers and Minifters under you, for the 
 faid office, and execution thereof in our faid Pro- 
 vine* 
 
in NoitTH Am ERIC Ax &c» 
 
 175 
 
 vincc of F— — , and the territories depending 
 thereon, and nfiaritime parts of the fame^ and 
 thereto adjacent whatfoever. 
 
 Saving always the right of our High Court of 
 Admiralty of England, and alfo of the Judge and 
 Rcgifter of the faid Court, from whom or cither 
 of them, it is not our intention in any thing to 
 derogate by thcfe prefentsj and faving to every 
 one who (hall be wronged or grieved by any de- 
 finitive fcntence or interlocutory decree, which 
 (hall be given in the Vice-Admiralty Court of 
 our Province of F — — aforefaid, and the terri- 
 tories depending thereon, the right of appealing 
 to our aforefaid High Court of Admiralty of 
 England. 
 
 Provided nevcrthelefs, and under this exprefs 
 condition, that if you the aforefaid A. B. our 
 Captain-General and Governor in Chief, (hall 
 not yearly, to wit, at the end of every year, be- 
 tween the feaft of Saint Michael the Archangel 
 and All Saints, duly certify, and caufe to be ef* 
 feftually certified (if you Ihall be thereunto re- 
 quired) to us, and our Lieutenant Official, Prin- 
 cipals, and Commiffary-General and Special, and 
 Judge and Prefident of the High Court of our 
 Admiralty of England aforefaid, all that which 
 from time to time, by virtue of thefe prefents, 
 you (hall do and execute, collect or receive in the 
 premiflfes, or any of them, together with your full 
 and faithful account thereupon, to be made in an 
 authentic form, and fealed with the Seal of our 
 Office, remaining in your cuftody, that from 
 thence, and after default therein, thefe our Letters 
 Patent of the Office of Vice-Amiralty aforefaid^ 
 as above granted, (hall be null and void^ and of 
 no force or e(Fc(fl. 
 
 a Further 
 
 
 HM;! 
 

 ;t) 1 
 
 
 .if 
 
 I' ;■ > ■ • '■ , . 
 
 li '■ I 
 
 H 
 
 ':" • 
 
 :;■;:. ;!i'', 
 
 <:? i! 
 
 i''W 
 
 4^-; r»-; 
 
 't^li GonftiiMtion of fhe hKnisH Coloniej) 
 
 Further wc do, in our name, command all anJ 
 fingular our Governors, Jiiftices, Mayors, She- 
 riffs. Captains, Marfhals, BaiiifTs, Kct* pcis iA' all 
 our Gaols and Prifons, Conflables, and all other 
 our OfHcers and faithful Liege Subjeifls whacfo- 
 ever, and every of them, as well within liberties 
 and franchifes as without^ that in and about the 
 execution of the premiflcs, and every of them, 
 they be aiding, favouring, afHUing, fubmiflive, and 
 yield obedience, in all things as is fitting to you^ 
 the aforefaid A. B. our Captain-General and Go- 
 vernor in Chief of our Province of F afore- 
 faid, and to your Deputy whomfoever, and to all 
 other Officers by you appointed^ and to be ap- 
 pointed, of our faid Vice- Admiralty of F — , afore- 
 faid, and the territories depending thereon, and 
 maritime parts of the fame, and thereto adjoining, 
 under pain of the law, and the peril which will 
 fall thereon. 
 
 Given at London In the Fligh Court of our 
 
 Admiralty of fingland aforefaid, under the 
 , (ireat Seal thereof, the firft day of January, 
 
 in the yqir of our Lord 1783, and of pur 
 
 reign the* twenty-third. 
 
 (Signed) GoDF. Lee Tarrant, Regiftrari 
 
 The Commiflion of Captain-General and Go- 
 irernor in Chief, &c. is, in the firft place, to be 
 inrolled in the High Court of Chancery -, — it is 
 then to be recorded in the Treafury Chambers at 
 Whitehall J— and laftly, in the Secretary's Office 
 of that Province over which the Governor is ap- 
 pointed to prefide. — The Commiffiqn of Vicc- 
 Admiral is to b« regiflered in the High Court of 
 
 * This date is arbitrary, there being qo Commiffion of a 
 Vice-Amiral of that year. 
 
 Admlrak]^ 
 
hi Nol TH AMEklbA, &c* 
 
 «77 
 
 Admiralty in England ; and in the Secretary's 
 Office of the Province in which the Governor is 
 appointed Vice- Admiral. 
 
 A Governor, on his arrival in the Province 
 over which he is appointed to command, mud 
 (agreeable to the direftionsof his commiflTion and 
 initruftions) in the firll place, caufc his commif- 
 fion of Captain-General and Governor in Chief, 
 &c. and alfo of Vice- Admiral, to be read and pub- 
 liihed at the Brft meeting of the Council, and alfo 
 in fuch other manner as hath been ufually ob- 
 ferved on like occafions j—in the next place, he 
 mud take the oaths to Government, and admini- 
 flcr the fame to each of the Council, and then he 
 mull make and fubfcribe, and caufe the Members 
 of the Council to make and fubfcribe, the decla- 
 ration againft tranfubftantiation ; — he mull then 
 take the oath ufually taken by the Governors in 
 the Plantations, for the due execution of the ofHcd 
 and trufl: of Captain-General and Governor in 
 Chief in and over the Province to which he is 
 appointed, and for the due and impartial admi- 
 niftration of juftice there> and he muft alfo caufe 
 the oath of office to be adminiftered to the Mem- 
 bers of the Council ;— in the laft place, he mult 
 take the oath (required to be taken by Governors 
 of the Plantations) to do his utmoll that the fe- 
 veral laws relating to trade and the Plantations 
 be duly obferved j — which oaths and declaration 
 the Council of the Province, or any three of the 
 Members thereof, are empowered to adminifter. 
 —It is alio ufuaj for a Governor^ when he enters 
 on his office, to iflue a proclamation for continu- 
 ing all perfons in their employments, until further 
 order. 
 
 ;i 
 
 'il 
 
 a 
 
 Oath 
 
f . 
 
 1 I 
 
 4»J(. 
 
 i,rl 
 
 178 Conftitution of the British Coloniis 
 
 Oath 0/ Allegiance by the i Geo. I, ft, 2. c, 13. 
 
 I A. B. do finccrcly promife and fwear, that I 
 yixW be faithful, and bear true allegiance to his 
 Majcfty King George : So help me God. 
 
 Oath of Supremacy, by the i Geo. \,ft, 2, c, 13, 
 
 I A. B. do fwear. That I do fronn my heart ab. 
 hor, deteft and abjure, as impious and heretical, 
 that damnable dodlrine and pofition, that Princes 
 excommunicated or deprived by the Pope, or any 
 authority of the Sec of Rome, may be depofed or 
 murdered by their fubjedts, or any other whatfo- 
 ever. And I do declare. That no foreign Prince, 
 Perfon, Prelate, State, or Potentate, hath, or 
 ought to have any jurifdidion, power, fuperiority, 
 pre-eminence, or authority, ecclefiaftical or fpirit- 
 iia]> within this realm : So help me God. 
 
 .r,,.. 
 
 i.3i ii IP 
 
 'rlt l-J 
 
 Oath «/" Abjuration, by the 6 Geo. III. r. 53. 
 
 I A. B. do truly and fincerely acknowledge, 
 profefs, teftify and declare in my confcience, be* 
 fore God and the world. That our fovercign Lord 
 King George is lawful and rightful King of this 
 realm, and all other his Majefty's dominions and 
 countries thereunto belonging. And I do folemo> 
 ly and fincerely declare. That I do believe in my 
 confcience, that not any of the defcendants of the 
 perfon who pretended to be Prince of Wales, 
 during the lire of the late King James the Second, 
 and (ince his deceafe pretended to be, and took 
 upon himfelf the ilyle and title of King of Eng- 
 land, by the name of James the Third, or of 
 Scotland by the name of James the Eighth, or the 
 ilyle and title of King of Great Britain^ hath any 
 
 right 
 
in North America, &c. 
 
 179 
 
 right or title whatfoever to the Crown of this 
 realm, or any other the dominions thereunto be- 
 longing: and I do renounce, refufe and abjure 
 any allegiance or obedience to any of them. And 
 I do fwcar. That I will bear faith and true alle- 
 giance to his Majefty King George, and him will 
 defend, to the utmoll of my power, againft ail 
 traiterous confpiracics and attempts whatfoever, 
 which (hall be made againlt his Perfon, Crown or 
 dignity. And I will do my utmoft endeavour to 
 dilclole and make known to his Majefty, and his 
 fuccelTors, all trcafons and traiterous confpiracies, 
 which I fhall know to be againft him or any of 
 them. And I do faithfully promife, to the utmod 
 of my power, to fupport, maintain and defend, 
 the fucccffion of the Crown againft the defcend- 
 ants of the faid James, and againll all other per- 
 fons whatfoever j which fuccefllon, by an Aft, 
 intituled. An Aft for the further limitation of the 
 Crown, and better fecuring the rights and liber- 
 ties of the fubjeft, is and (lands limited to the 
 Princcfs Sophia, Eleftrefs and Dutchefs Dowager 
 of Hanover, and the heirs of her body, being 
 Proteflants. And all thefe things I do plainly 
 and fmcerely acknowledge and fwear, according 
 to thefe exprefs words by me fpoken, and accord- 
 ing to the plain common fenfe and underilanding 
 of the fame words, without any equivocation, 
 mental evafion, or fccrct refervation whatfoever. 
 And I do make this recognition, acknowledg- 
 ment, abjuration, renunciation, and promife 
 heartily, willingly, and truly, upon the true faith 
 ofa Chriilian : So help me God. 
 
 N 2 
 
 Declaration 
 
 ^m 
 
 
86 ConftUution of the 6ritish Cotomti 
 
 V. 
 
 '■ M 
 
 .1 ':i. 
 
 t- \ 
 
 < I M 
 
 ;| 
 
 h 4 
 
 
 M li: 
 
 t ■:'\ ■':! 
 
 :: ^ili 
 
 "1*13 
 
 '•1 %;^'M" ''-: ''^ 
 
 Declaration againjl Transubstantiation, hy 
 the 25 C. II. f. 2. /. 9. 
 
 I A. B. do declare, That 1 do believe that there 
 is not any tranfubftantiation in the Sacrament of 
 the Lord's Supper, or in the elements of bread 
 and wine, at or after the confecration thereof by 
 any perfon whatfocver* 
 
 Oath of a Governor^ for the due i.xectttion of 
 
 his Ojffiu. 
 
 You do fvvcar, That you will faith and true al- 
 legiance bear unto his mod Sacred Majefty King 
 George the Third, and to his heirs and fuccelfors, 
 and that you will well and truly execute the office 
 and truft of Captain-General and Governor in 
 Chief in and over the Province of F r, accord- 
 ing to the bell of your fkill and knowledge, and 
 according to the power to you granted by virtue of 
 his Majefty's Letters Patent, bearing date at Weft- 
 minfter the ift day of January, in the 23d year of 
 his faid Majefty's reign : So help you God. 
 
 By 12 Car. II. c. 18. intituled. An A<ft for the 
 encouraging and increafing of (hipping and navi- 
 gation, r. 2. it is enabled. That all Governors of 
 Plantations fhall, before their entrance into their 
 government, take a folemn oath, to do t^.jir ut- 
 moft that all the matters and things in that Aft 
 contained, (hall be punctually and bona fide ob^ 
 fervcd, according to the true intent and meaning 
 thereof; and if any Governor fhall be willingly 
 negligent in doing his duty accordingly^ he (hall 
 be removed from his government. 
 
 By 15 Car. II. c. 7. intituled. An A61 for the 
 cncouragemem of trade, f. 8. it is enaded. That 
 all Governors or Commanders of Plantations, &c, 
 
 (hall, 
 
in North America, &c. 
 
 i8i 
 
 JJiall, before their entrance upon the execution of 
 fuch trud or charge, take a folennn oath, before 
 fuch perfon or perfons as fliall be authorifed by 
 his Majelly to adminifler the fime, to do their 
 Utmoft within their refpeflive governments or 
 commands, to caufe that A6I: to be truly obferved, 
 in relation to the trade of fuch Plantations, &c. 
 under penalty of being removed out of their go- 
 vernments and commands; — and if any of them 
 fliall be found to have willingly offended, contrary 
 to what by that Act is required of them, they 
 fiiali be turned out of their ^governments, and be 
 uncapable of the government of any other Planta- 
 tions, &c. and forfeit L. looo ; half to the King, 
 and half to him that will fuc for the fame in any 
 of the Plantations, or in any Court of Record in 
 England. 
 
 By 7 & 8 Wil. HI. c. 22. intituled, An A6t 
 for preventing frauds, and regulating abufes la 
 the Plantation trade, f. 4. it is enaded. That all 
 Governors and Commanders in Chief of Englifh 
 Colonies or Plantations, before their entrance 
 into their government, fhall take a folemn oath, 
 to do their utmoft that all the claufes, matterS| 
 and things contained in that A<5t, and the A6ts 
 therein recited, relating to the faid Colonies and 
 Plantat'ons, be punftually and bona fide obferved, 
 according to the true intent and meaning thereof, 
 (which oath fh^ll be t^ken before fuch per- 
 fon or perfons as his Majeity fliall appoint) 5 
 and upon complaint and proof, made by the oath 
 of two or more credible witnefles, that any Go- 
 vernors or Commanders in Chief have negledted 
 to take the faid oath at the times aforefaid, or 
 have been willingly negligent in doing their duty 
 accordingly, the Governor fo negle(fling or offend- 
 ing, fliall be removed from his government, and 
 forfei^ L, 1000. 
 
 N 3 And 
 
-I'ft 
 
 i; f! 
 
 ■:/■ I 
 
 ;l-f;W|-| 
 
 
 "'^1 m 
 
 m'Mn 
 
 f:| 
 
 !,'■ l' 
 
 182 Conftitution of the British Colonies 
 
 And by 8 & 9 Wil. III. c. 20. f. 69, all Govcn 
 nors and Commanders in Chief of any Englifli 
 Colonics or Plantations fhall, at their entrance 
 upon their refpeftive governments, or within the 
 fpace of fix months after the fame, take a folemn 
 oath to do their utmoft, that all the claufes, mat- 
 ters, and things contained in the A£ls of Parlia- 
 ment therein recifcd, or any of them theretofore 
 paflcd, and then in force, relating to the faid Co- 
 lonies and Plantations, iT^ould be pundlually and 
 bona fide cibferved, according to the true intent 
 and meaning thereof (which oath Ihall be taken 
 before fuch perfon or perfons as fhall be appointed' 
 by his Majtfty, his heirs or fucceffors, who arc 
 thereby authorifed to adminiftcr the fame), fo far 
 as appertains to the Governors or Commanders 
 in Chief refpeftively. 
 
 See alfo 4 Geo. III. c. 15. intituled. An Aft 
 for granting certain duties in the Britilh Colonies 
 and Plantations in America, &c. f. 39 5 which 
 fedion (after reciting the 4th fedlion of the 7 & 8 
 Wil. III. c. 22. relative to Governors of Planta- 
 tions, which 4th fedion is herein before recited) 
 ena6ts. That all Governors or Commanders in 
 Chief of any Britifh Colony or Plantation Ihall, 
 before their entrance into their government, take 
 a folemn oath, to do their utmoft that all the 
 claufes, matters, and things contained in any Aft 
 of Parliament theretofore made, and then in force, 
 relating to the faid Colonies and Plantations ; and 
 that all and every the claufes contained in that 
 Ad ihould be pundtually and bona fide obferved, 
 according to the true intent and meaning there- 
 of i fo far as appertains unto the faid Governors 
 or Commanders in Chief refpectively, under the 
 like penalties, forfeitures, and difabilities, either 
 for neglefling to take the faid oath, or for wit- 
 tingly 
 
in North America, &c. 
 
 183 
 
 tingly neglcfting to do their duty accordingly, as 
 are mentioned and expreflcd in the faid Aft of the 
 7 & 8 Wil. III. ; and that the oath thereby re- 
 quired to be taken, Jhall be adminiftered by fuch 
 perfon or perfons as had been, or ihould be, ap- 
 pointed to adminifter the oath required to be taken 
 by the 7 & 8 Wil. III. 
 
 ^be Oath to he taken hy every Governor and Com- 
 tnandir in Chief of any Colony or Plantationy to do 
 his utmoft that all A£ls of Parliament, relating to 
 the Colonies and Plantations be punSlually olf-^ 
 Jerved, 
 
 You do fwear. That you will, to the beft of 
 your fkiil and power, fo long as you (hall con-. 
 tinue in the government and command of his Ma- 
 
 jefty's Province of F , well and truly execute 
 
 and perform all matters and things which; by the 
 ftatute made in the 1 2th year of the reign of King 
 Charles the Second, intituled. An A<5t for the en- 
 couraging and increafing of fhipping and navi- 
 gation ; and the other ftatute made in the 15th 
 year of his faid Majefty's reign, intituled. An 
 Aft for the encouragement of trade ; and alfo 
 the Aft made in the 7th & 8 th years of the reign 
 of his late Majefty King William, intituled. An 
 Aft for preventing frauds, and regulating abufcs 
 in the Plantation trade ; and alfo all other A6bs 
 which have been made, and are in force, for the 
 better regulating and fecuring the Plantation 
 trade, you are required, as Captain- General and 
 Governor in Chief of the faid Province, to be 
 fworn to the performance of: So help you God, 
 
 Every Governor of a Colony, together with his 
 commifllon, receives a large body of inftruftions, 
 ^ copy of which I have by me, but the whole are 
 
 N ^ . too 
 
m 
 
 I 
 
 iJ. 
 
 m^^f- 
 
 
 
 !3 
 
 "i i. 
 
 
 W 
 
 , i 
 In 
 
 :i ';i 
 
 
 • J'. J'M, ' » 
 
 ill 
 
 ■'i ( v: 
 
 184 Conftitutien of, the British Colonies 
 
 jtoD voluminous to be inferted here : nor docs the 
 Editor chufe to publifhihem all, iinlefs (in cafe of 
 another Edition of this Work) he obtains leave 
 from Government to infert them therein at 
 length. 
 
 Every Governor of a Province, by his commif- 
 fibn of Captain-General and Governor in Chief, 
 and by his commiflidn of Vice- Admiral, and the 
 inftruftions which accompany them^ is veiled with 
 the following powers : 
 
 1. He is Captain-General of the forces by fea 
 and land within his Province; and where a Pro- 
 vincial Eftablifhment or King's Government join- 
 ed a Charter- Colony, it was iifual to make the 
 Governor of the Provincial Eftablilhment Captain- 
 General of the forces by fea and land within fuch 
 Charter-Colony, as I have already obfcrved. The 
 Governor has alfo the appointment of all Militia 
 Officers. 
 
 2. As Governor in Chief, he is one of the con- 
 ftituent parts of the General Aflembly of his 
 Province, and has the fole power of convening, 
 adjourning, proroguing, and diflblving the Ge- 
 neral Aflcmbly j he may alfo give or refufe his 
 aflent to any bill which has paffed the Council 
 and Aflcmbly. The Governor has alfo the dif- 
 pofal of fuch employments as his Majefty does 
 not difpofe of himfelf j and with refpe<^ to fuch 
 offices as are ufually filled by the immediate ap- 
 pointment of his Majefty, if vacancies happen by 
 death or removal, the Governor appoints to fuch 
 offices until they are filled up from home j and 
 |the perfons appointed by the Governor receive all 
 the profits and emoluments of fuch offices, until 
 |hey are fupcrfcdcd by the King's appointment of 
 Others* ' 
 
 3. Th? 
 
in North America, &c. 
 
 1S5 
 
 q. The Governor has the cuftody of the Great 
 Seal, and is Chancellor within his Province, with 
 the fame powers of judicature that the Lord Higb 
 Chancellor has in England. 
 
 4. The Governor is Ordinary within his Pro- 
 vince j and by virtue of the King's Comniifllon, 
 he collates to all vacant Benefices: he hath alfo 
 the power of granting Probate of Wills, and Ad- 
 miniftration of Inteftates Effects, by virtue of his 
 inftrui^Vions. 
 
 5. The Governor prefides in the Court of Er- 
 rors, of which he and the Council are Judges, to 
 hear and determine all appeals, in the nature of 
 Writs of Error, from the Superior Courts of Com- 
 mon Law in the Province, 
 
 6. The Governor is ufually named firil in the 
 ftanding commifTion, iflTued under the 11 Sc iz 
 Wil. III. c. 7. for the more effedual fupprefllon 
 of piracy, 
 
 7. The Governor is alfo Vice- Admiral within 
 his Province J but he does not fit in the Court of 
 Vice-Admiralty, there being a Judge of that 
 Court, who is ufually appointed from England, 
 —In time of war, commilTions to privateers arc 
 ilTued by the Judge of the Court of Vice- Admi- 
 ralty, in conlequence of a warrant from the Go- 
 vernors. 
 
 I. As to the office of Captain- General — the 
 Governor, as Captain-General of the forces by 
 fea and land, had formerly the command, not 
 only of the militia, but alfo of all the regular 
 forces within his Province j and every Weft; India 
 Governor has at prefcnt the command of the mi- 
 litia, and alfo of the regulars within the IQand, 
 iinlefs a General Officer is on the fpot ; but it 
 was found neceflary to take away, in a great mea- 
 fure, from the Governors on the Continent, the 
 
 command 
 
p?5 
 
 gM 
 
 n 
 
 ;l 
 
 
 m^ 
 
 1 
 
 
 
 f 
 
 i 
 
 
 J:;:ii^ 
 
 
 
 , ; 
 
 1 J 
 
 
 ■1 "■ '1 
 
 Wi 
 
 ■?i. 
 
 ■ 1 
 
 fi U ' 
 
 
 1 86 Conjlitution of the British Colonies 
 
 command of fuch regular forces as might happen 
 to be within their rcfpedlive Provinces, and to 
 appoint a Commander in Chief of all the regular 
 forces in the Britifli Colonies on the Continent of 
 America^ independent of every Provincial Gover- 
 nor; in order (as it is fuppofed) that fuch Com- 
 mander in Chief of the forces might, in cafe of 
 an Indian war, or a foreign invafion, be able to 
 colled his Majefty's troops together, to defend 
 that part of the Continent which was attacked by 
 the enemy. Had the command of the King's 
 forces been continued in the Provincial Gover- 
 nors, each of whom was Commander in Chief in 
 his own Province, there would have been no fu- 
 perior to direct the removal of the regulars to 
 that part of the Continent which was attacked byj 
 or in danger from an enemy i or the Governors 
 of thofe Provinces under whofe jurifdidion the 
 regular forces happened to be, might, from an 
 affedation of importance, from difputes between 
 them, or from an ill-founded apprehenfion of 
 danger to their own Provinces, prevent the troops 
 from marching to thofe places where his Majefty's 
 fervice required their prcfence. However, all 
 Provincial Governors have yet the command of 
 the militia within their refpedlive Provinces, and 
 the appointment of all Militia Officers. 
 
 And with refped to the regulars before the Civil 
 War, where the Commander in Chief of the 
 forces, or Brigadier-General of the diftrid, had 
 given no fpecific orders, the Civil Governor might 
 have interfered in fuch inftances as are fet forth 
 in his Majefty's orders, which follow, viz. 
 
 m 
 
in North America^ &c. 
 
 187 
 
 {lis Majesty's Orders^ afcertaining the Power 
 and Authority of the Civil Governors over his Ma* 
 jefty's forces ftationed in the refpe£iive Provinces 
 in North America, 
 
 His Majefty's intentions are> that according to 
 his commiffions granted for that purpofe, the 
 orders of his Commander in Chief, and under him 
 of the Brigadiers General, commanding in the 
 Northern and Southern Departments, in all mi- 
 litary affairs, (hall be fupreme, and muft be obey- 
 ed by the troops as fuch, in all the Civil Govern- 
 ments in America, 
 
 That, in cafes where no fpecific orders have 
 been given by the Commander in Chief, or by 
 the Brigadier-General commanding in the diflrift, 
 the Civil Governor in Council, and where no 
 Council (hall fubfift, the Civil Governor may, for 
 the benefit of his government, give orders for 
 the marching of troops, the difpofition of them, 
 for making and marching detachmients, efcorts, 
 and fuch purely military fcrvices within his go- 
 vernment, to the Commanding Officer of the 
 troops, who is to give proper orders for carrying 
 the fame into execution ; provided they are not 
 contradiftory to, or incompatible with, any orders 
 he may have received from the Commander in 
 Chief, or the Brigadier General of the diftrift. 
 
 And the Commanding Officer is, from time to 
 time, duly to report, with all convenient expe- 
 dition, to the Commander in Chief, or to the 
 Brigadier General, fuch orders as he Ihall have 
 received from the Civil Governor. 
 
 That the Civil Governor (hall give the word, 
 in ^11 places where he (hall be within his Province, 
 except where the Commander in Chief, or Briga- 
 dier-General, (hall be in the fame place. 
 
 That 
 
 \ 
 
 111 
 
4^ ! 
 
 h; . 
 
 n , i 
 
 mv^ 
 
 ^ii. 
 
 p? ;:i 
 
 
 li^ 
 
 188 Conftittition of the British Cplonies 
 
 That the return of the (late and condition of 
 of the troops, magazines, and fortifications, ihall 
 be made to the Governors, as well as to the Com- 
 mander in Chief and Brigadier-General. 
 
 That the Civil Government is not to interffrc 
 with the detail of the military regimental duty 
 and difcipline 5 the reports concerning which are 
 to be made to the commanding Officer, who is tu 
 make his general report to the Civil Governor. 
 
 When the Commander in Chief or Brigadier- 
 General fhall be prefent, all military orders are 
 to be iflued by them only. 
 
 On the eftablilhment of the Staff of the Army 
 in North America, it became neceffary to fettle 
 the rank and precedency of the Officers of the 
 Army, and of the Governors and Commanders in 
 Chief of Provinces : which eftablifhment, before 
 the Civil War, was as follows : 
 
 Ran?^ and Precedencv of the Commander in Chitj 
 of his Majefiy's forces^ Governors^ Lieutenant Go- 
 *perncrSy and Commanders in Chief of his A/Jajejlfs 
 Provinces, Colonels, and other Field Officers ofb'n 
 Majejifs troops in North America, as eflablijhd 
 iy the King, under his royal Sign Manual, Given 
 at St. James's, December ijth 1760. 
 
 GEORGE. R. 
 
 1. The Commander in Chief of our forces, by 
 Commiffion undcrour Great Seal of Great Britain. 
 
 2. Captains General and Governors in Chief of 
 our provinces and Colonies, when in their refpec- 
 tive governments, as appointed by Commiffion 
 under our Great Seal of Great Britain. 
 
 3. General Officers upon the Staff. 
 
 4. Captains-General and Governors in Chief of 
 our Provinces and Colonies, when out of their rc- 
 fpedlive governments. 
 
 8 5. Lieu- 
 
in North America, See,' 
 
 189 
 
 5. Lieutenant-Governors and Prefidents of 
 Council, when Commanders in Chief of our Pro- 
 vinces and Colonies, in their rerpe(ftivc govern- 
 ments. 
 
 6. Colonels. 
 
 7. Lieutenant-Governors and Prefidents of 
 Council, when Commanders in Chief of our Pro*- 
 vinces and Colonics, out of their refpedlive go- 
 vernments. ' 
 
 8. Lieutenant-Governors of our Provinces and 
 Colonies, not being Commanders in Chief, in 
 their refpe<5live governments. , i 
 
 9. Lieutenant-Governors of our Provinces and 
 Colonies, not being Commanders in Chief, out 
 of their refpedlive governments, 
 
 10. Governors of Charter Colonies, when in 
 their refpedtive Colonies. 
 
 11. AH Field Officers under the rank of Colo- 
 nels. 
 
 12. Lieutenant-Governors of Proprietary Go- 
 vernments, out of their refpe(5livQ governments. 
 
 13. Governors of Charter Colonies, out of 
 their refpedlive Colonies. 
 
 All Captains-General and Governors in Chief 
 of our Provinces and Colonies, to take rank ac- 
 cording to the dates of their Comrhiffions, 
 
 All Lieutenant-Governors of our Provinces, the 
 fame. 
 
 All Lieutenant-Governors of Proprietary Go- 
 vernments, the fame. 
 
 Governors of Charter- Colonies according to tht 
 dace of their Charters. 
 
 It may not be improper to infert in, this place 
 the rules of precedence between men and wometi 
 in America. *• ^ -vvMn? 
 
 v-T--.-^ 
 
 Ru 
 
 LES 
 
 #- 
 
yi . 
 
 ,:f 
 
 III 
 
 
 '; 1,1 
 
 *' 
 
 fl'f 
 
 
 
 190 Conjlitutiou of the British Colonies 
 
 Rules of Precedency compared and adjufted fron 
 the fever al ASls and Statutes made and provided i% 
 England, for the Settlement of the Precedency of 
 Men and Women in America. Bj Jofepb Ei. 
 monfon Mowbray^ Herald, 
 
 Governor of the Province, His Wife. 
 
 Lieutenant Governor, His Wife. 
 
 Prefident of the Council, His Wife. 
 
 Members of his Majefty's Council, Their Wives. 
 Speaker of the Commons Houfe 1 tt< •c*r-r 
 ofAffembly, J His Wife. 
 
 Chief Juftice, 
 
 Treafurer, 
 
 AfTociate Judges, 
 
 Baronets, 
 
 His Majefty's Attorney General, 
 
 Judge of the Admiralty, 
 
 Secretary of the Province, 
 
 Members of the Commons Houfe 2 rT«. • ^xv 
 OfAffembly, } Their Wives. 
 
 Mayor, His Wife. 
 
 Aldermen, Their Wives. 
 
 Members of the Corporation,' Their Wives, 
 
 The Members of the Aflcmbly, Crown Of- 
 ficers, &c. of any particular Province, have no 
 other rank out of their Province, than what be- 
 longs to them in their private capacity as men. 
 
 The Widow of a late Governor has not any 
 precedency as fuch. 
 
 A Governor of one Province, or his Wife, 
 coming into another Province, have not, in that 
 Province where they vifit, any precedency above 
 their rank in private life. 
 
 adly. As Governor in Chief, the Governor of 
 
 every Provincial Eftablifliment, hath the fole 
 
 power of convening, adjourning, proroguing, and 
 
 I difTolving 
 
 His Wife. 
 His Wife. 
 Their Wives. 
 Their Wives. 
 His Wife. 
 His Wife. 
 His Wife. 
 
in North America^ Sec. 
 
 191 
 
 (liflblving the General Aflfcmbly, and neither 
 Houfe of Aflembly could adjourn itfelf longer 
 than from Saturday to Monday. But fee more on 
 this head in Chap, 7. 
 
 jdly. The Governor has the cuftody of the 
 Great Seal : and in mo(t of the Colonies he (or 
 in cafe of his death or abfcnce from the govern- 
 ment, the Commander in Chief for the time be- 
 ing) is fole Chancellor ; but in the IQands of Bar- 
 badocs, Antigua, and Montferrat, in the Weft 
 Indies, the Council fit as Judges in the Court of 
 Chancery with the Governor ; however the Chan- 
 cery Proccfs is iffued by the Governor, and tefted 
 in his name. In South Carolina, alfo before the 
 Civil War, the Council fat as Judges with the 
 Governor in the Court of Chancery. 
 
 The proceedings in Chancery in the Colonies, 
 are fimilar to thofe of the High Court of Chan* 
 eery in England ; and the books of pradlice ufed 
 in England, govern the praftice of the Chancery 
 in the Colonies, except in a few triBing inftances, 
 which are varied, according to the local circum- 
 ftances of the Colonies. 
 
 In the government of the Leeward Charibbee 
 Iflands, they have upwards of fifty rules and 
 orders of prafbice in the High Court of Chancery, 
 throughout thofe lOands, moft of j^hich have 
 been extraded from the books of pradice in 
 England, and are therefore not worth tranfcrib- 
 ing, except the 4th, which has been produdive 
 of fo much mifchief, that I cannot avoid taking 
 notice of it. 
 
 4. " That all fervices of Subpoena's (hall be on 
 " the party himfelf, or left at his dwelling houfe 
 " with one of his family, or at his place of re- 
 " fidence; or, if the party be off the IQand, at his 
 ** laft place of rcfidence, if he,, or fhe hath no 
 
 Attornies, 
 
 P 
 
 n 
 
'» 
 
 I. '< 
 
 \, 
 
 'MU 
 
 m: 
 
 ill 
 
 'I 
 
 Hi' m 
 
 '' r 
 
 
 1^ 
 
 
 
 
 kit I 1:. 
 
 
 l^i Conjliiuiion of the fiRitiSH Colonies 
 
 *' Attornics, Agents, or Guardians j and if h« 
 " or (he h uli any Attornies, Agents, or Guar- 
 ** dians, iiervice of Subpccna (hall be good on 
 " fiich Attorney, Agent, or Guardian." 
 
 This rule has been conftrued much to the in- 
 jury of creditors, as will appear from the prafljcc 
 th:it has prevailed in thofe Jflands, which 1 fliall 
 exemplify, by dating a cafe that frequently 
 happens. 
 
 A pcrfon formerly refided for a (hort time in 
 one of the Leeward Charribbec Iflands, but left 
 it many years ago, and is fettled in England. He 
 has a juft demand againftan inhabitant of one of the 
 Leeward Iflands, and fends out a power of Attor- 
 ney, in order to enable feme pcrfon there to pro- 
 ceed at common law for the recovery of fuch 
 debt: the Attorney accordingly does proceed j 
 and the debtor has no defence to make; bur, for 
 the purpofe of gaining time, he files a Bill in 
 Chancery againit the PlaintifF at Law, caufes a 
 copy of the Subpoena to be left at his lad place 
 of abode, and then procures the perfon, who 
 ferved it, to make affidavit, that he left a copy 
 of fuch Subpoena at the lafl place of abode of the 
 creditor; although perhaps fuch creditor left the 
 Ifland a dozen years before, and the debt has been 
 recently comtratfled. The Plaintifl^'at Law being 
 in England, cannot put in an anfwer by the time 
 prefcribed by the rules of the Court j and whe- 
 ther procefs of contempt i flues, or a dedimus is 
 prayed to take his anfwer; in cither cafe, an in- 
 junction goes, and the PlaintifF at Law is kept 
 out of his juft debt for a long time. 
 
 Some merchants and tradefmen in Englaml 
 will remember this pradice, to thcrr forrow. 
 
 The Chancery Procefs in the Colonies, is co- 
 pied from the Procefs of the High Court of Cba.i- 
 - . eery 
 
in North America, &c. 
 
 »9J 
 
 eery in EogUnd, except that the Subpoena is 
 made returnable immediately ; and, in cafe of n 
 contempt, the Plaintiff (when a commifllon of 
 rebellion is returned mn eft inventus) proceeds to 
 iequeftratioxi, without ao order for a Serjeant at 
 Arms. 
 
 In drawing a bill in Chancery in the Colonies, 
 at the top of the Bill, on the left hand, you men- 
 tion the name of the liland or Province, thus : 
 AnUgiia in } 
 Chancery, i 
 
 or 
 J^ova Scotia ? 
 in Chancery, f 
 
 At the top of the Bill> on the right hand, you 
 dired the Bill thus : 
 
 To his Excellency George Tho- 
 mas, Efq; Captain General 
 and Governoi* in Chief in and 
 over all his Majefty's Lee- 
 ward Charibbee Iflands in 
 America, and Chancellor, Vice 
 Admiral, and Ordinary of the 
 fame. 
 Or, if it is in a Province on the Continent, 
 thus : 
 
 To his Excellency A. B Efq; 
 Captain General and Governor 
 in Chief in and over his Ma- 
 jetty's Province of Nova Sco- 
 tia, and Chancellor, Vice Ad- 
 miral, and Ordinary of the 
 fame* 
 You then begin the Bill, thus : 
 " Humbly complaining, flieweih unto your 
 " Excellency, your Orator, &c.*' 
 
 And 
 
■I , ,.l. 
 
 194 ConfiitUtien of the British Colon m 
 
 And fo proceed as in other cafes, lifing the 
 wordsj " Your Excellency," inftead of " Your 
 « Lordfhip." 
 
 Before the Civil War, the ftyle of a Governor 
 of Virginia, was different from that of any other 
 Governor, and was as follows : 
 . " His Excellency John Earl of Dunmore, his 
 *' Majefty's Lieutenant and Governor General of 
 ** the Colony and Dominion of Virginia, and 
 ** Vice Admiral of the fame." 
 
 An appeal lies from the decidon of a Court of 
 Chancery in the Colonies, to his Majefty in Coun- 
 cil, provided the value of the property in difpute 
 exceeds five hundred pounds fterling ; but for 
 further directions on this head, fee title. Appeal. 
 
 If a Defendant in Chancery is litigious, he 
 may occafion great delay to the Plaintiff; for an 
 appeal lies from an interlocutory order made by a 
 Court of Chancery in the Colonies, to his Ma- 
 jefty in Council ; and fo toiies quofies ; by which 
 means, the Plaintiff may be kept out of his juH 
 demand many years. 
 
 When the Governor happens to be a Lawyer, 
 the bufinefs is properly condu£led. A Civilian 
 was Governor of Barbadoes> and a common 
 Lawyer of Georgia, for many years j during their 
 adminiftration, the government of thofe Colonies 
 was carried on with much reputation, and greatly 
 to their credit. But when the Governor is not a 
 Lawyer, he is generally under the influence of 
 fome Counfel or Attorney, who makes his de- 
 crees for him, and frequently direfts every other 
 aft of government. If this tutor happens to be 
 a man of integrity and abilities, the bufinefs goes 
 on well ; but if he is a rafh ignorant man, the 
 Governor is led into many imprudent meafures, 
 and perhaps is recalled in difgrace. I fhall men- 
 tion 
 
h NokTH Americja, &€♦ 
 
 »^5 
 
 tion fomc inilances of inattention in Governorsi 
 which may ferve as a caution to others. 
 
 When I was in the Weft Indies, I faw a grant 
 bf lands in one of the Ceded Ifl^hds,^ in which 
 the King was made to fay, that he granted thofe 
 lands, ** with the advice ahd confent of the Go- 
 " vernor,'* as if a Governor's confent was neccf^ 
 fary, to enable the King to grant away his owa 
 lands, i believe moft of the grants in tholfc 
 Iflands run in that form. 
 
 A Governor in the Weft Indies aflehtcd to an 
 Aft of Affembly for bringing down frefh watcir 
 
 to the town of B , &c. which Ad was to be 
 
 executed by the Council arid Affembly ; and 
 amongft other powers which they gave themfelve^, 
 was the following Very extraordinary one, ** That 
 "where ariy doubt or difficulties fhould arife, 
 " touching the meaning ot conftrudion of that 
 " Aft> or any defedls ftioiild appear in the powers 
 " thereby invefted in the Coinmiffionersi the fame 
 *'lhould arid might be explained, correfted, 
 *' amended, fupplied, arid enlarged, by afly ordef 
 " or declaration to be made, by the Council and 
 " Affembly df that IQand.*' 
 
 The Commiflioners were the Council arid Af* 
 fembly 5 and this claufe of the A<5t gave them a 
 power of legiflation independent of the Crown^ 
 and erefted thefti into a , Court of Judicature, by 
 which means, the legiflative and judiciary powers 
 were united in the fame body of men, and the 
 Council and Affembly wei^e rendered pcrfedtly 
 defpotic with refpeft to the fubjeft matter of that 
 Aft. I told the Governor that this A61 would be 
 jdifallowed by the King ; and fo it turned but* In 
 I the laft reign, a man was convidted of a capital 
 I crime in a Pfovince on the Continenti and, agree- 
 able to the ufual praftice, a Rule of Court was 
 
 O 7, made 
 
 1 
 
 !•«■■ 
 
 II 
 

 i 
 
 
 «! 1 
 
 ■^1 ::: 
 
 I'M 
 
 Is 
 
 
 it!:ii- 
 
 m 
 
 K 
 
 f .^ t 
 
 
 : .' 
 
 't 
 
 '' .s 
 
 n tii' 
 
 i 96 Conftitution of the B r itish Colon ies 
 
 made for his fxecution on a day certain : the Go. 
 vcrnor (who was a military man) ordered the 
 Provofl Marfhal to hang up the convi(!l: before 
 the day appointed for his execution, which was 
 accordingly done. The Governor was faid to be 
 a well meaning man ; but, perhaps, ho might 
 think, that as he had a power to reprieve, he had 
 therefore a right to order the execution, whereas 
 he was committing felony, i Hawkins P. C. 70. 
 
 Some military Governors, inftead of taking the 
 trouble to loofe the Gordian knot of the law, have 
 cue it through with the fword. 
 
 In Barbadoes, Antigua, Montfcrrat, and South 
 Carolina, it fliould feem that the Governors af- 
 fented to Ads of Aflembly, to enable the Coun- 
 cil to fit as Judges in the Court of Chancery, 
 without adverting to the corifequences of it. By 
 an Adt of Aflembly in the Ifland' of Antigua, 
 made in the year 1715, reciting that by long ex- 
 perience, great corruptions, delays, ^nd other 
 inconveniencies, had been found by COiirts of 
 Chancery being held in that Ifland by one per- 
 fon J for preventing the like evils, and that the 
 inhabitants of Ant^igua might be under the fame 
 regulation, and enjoy the fame advantage thit 
 Barbadoes had for many years paft, to the gfeat 
 encouragement of trade, and general falisfaSion 
 of all his Majefty*s good fubjefts in that Ifland, 
 it was enabled, That from thenceforth all Courts 
 of Chancery holden for the Ifland of Antigua, 
 ihould coniifl of the Captain- General or Governor 
 in Chief of the faid LecMwrd Iflands for the time 
 being, and five or more of the Council of that 
 Ifland, except where any Councillor happened to 
 be a party, and then three Councillors ihould be 
 fufHcient. 
 
 Notwit!iftanding this fpecious recital,'! am in- 
 clined to think that the making the Council in 
 
 Antigw 
 
in North America, &c. 
 
 J 97 
 
 Antigua Judges in the Court of Chancery with 
 the Governor, has been prpdu^liye of fev^ral in^ 
 convcniencies. 
 
 In thofc Iflands where the Governor is fole 
 Judge in Equity, and holds a Court of Chancery 
 whenever he is applied to for that purpofe, 
 fhauld an Advocate have occafion to make a 
 motion in Chancery, he waits on the Governor, 
 without any previous notice j and if a caufe is 
 to be heard, a Ihort notice is firfficient, that the 
 Governor may be in the way, and difcngaged 
 from other bufinefs. The Court of Chancery is 
 therefore always open for thofe I Hands, in which 
 the Governor is fole Chancellor j but, in Anti- 
 gua and Montferrat, five (Councillors mud be 
 lummoned, and attend, before a common mo- 
 tion can be made in the Chancery of that Ifland. 
 And as the Governor feldom goes to Montferrat, 
 and the Council there cannot hold a Court pf 
 Chancery without him, the inhabitants of that 
 Ifland will labour under great inconveniencies, 
 until the A<^ of Aflembly refpeding the Court of 
 Chancery is repealed, and the Governor again 
 becomes fole Chancellor of that IQand. 
 
 Again, in general, a Governor has fewer con- 
 nexions in the country, and is lefs liable to in- 
 fluence than any one of tht? Council, who, for 
 the moll part, are natives. A gentleman, who 
 has intereft to get a government, muft be a man 
 of fome charadtcr and diftlndlion j he is refpon- 
 fible for his condudl, and has at ilake the lofs of 
 office: when he fits alone (be his difpofition what 
 it may) he will hardly venture to commit any 
 llagrant afls of injuftice. But when a dozen 
 Councillors are placed on the bsnch with him, 
 defendit numerus i and, if they are inclined to 
 do mifchief, they keep each other in countenance; 
 and there ar^ thirteen to divide the cenfure 
 
 O 3 amongft 
 
1.,! , 
 
 i;i!i' i 
 
 .^;. i 
 
 ' ! 
 
 'li fh 
 
 198 Conftitution of the British Colonies 
 
 amongft them. It very fcldom happens, that 
 either of thcfe Councillors has been bred to the 
 law J and a Governor can have little affiftance, 
 iand the country little benefit from a dozen gen- 
 tlemen being placed on the GK-incery Bench, 
 who know nothing of law. Bcfides, in fuch fmall 
 countries as Barbadoes, Antigua, and Montferrat, 
 fcarce any caufc can come on, in which all that 
 fit on the bench are totally uninterefted. Where 
 the Governor is fole Chancellor, if any doubt 
 ^rifes in the progrefs of a caufe, he may take time 
 to confider what decree to make 5 but where the 
 Council fit as Judges with him, I apprehend 
 they generally decide off hand j for any doubt 
 would occafion a frefii meeting. 
 
 One of the moft extraordinary decifions I ever 
 met with, was in the Court of Chancery in a 
 Colony, where the Council fat as Judges with the 
 Governor, and at a time when many of the Coun- 
 cil fat on the bench. 
 
 A bill was filed, and ^ ne exeat obtained. The 
 Defendant gave notice of motion to difcharge 
 the ne exeat \ which being irregular, the Court 
 fcemed inclined to difcharge it. The Plaintiffs 
 Counfel^ encouraged at this difpofition in the 
 Court, altered his application^ and moved to 
 difmifs the bill j which the Court ordered accord- 
 ingly. Now I will not take upon me to fay, that 
 the cafe difclofed by the Plaintiff in his bill was 
 fufficient to found a decree in his favour 5 nay, to 
 place the condu(5l of the Council in the moft fa- 
 vourable point of view, I will even admit 
 that the bill would have been difmifled at the 
 hearing : yet I apprehend, this was the firft in- 
 llance of a bill's being difmiffed on a motion, for 
 want of merits, without even a previous notice 
 for that purpofe, or the leaft pretence, that the 
 Plaintiff had negleded to profecute his caufe aQ- 
 
in North America^ &c. 
 
 19^ 
 
 cording to the rules of the Court, Had the gen- 
 tlemen of the Council looked into any connnaon 
 book of praflice, they might have feen that a bill 
 could not be difmifled before hearing, unlefs for 
 want of profeciition j or where the Plaintiff pro- 
 ceeded to fue both at law and in equity for th<? 
 fame thing, and rcfufed to make his ele(^ion (in 
 which Court he would proceed) within the time 
 prefcribed by the Court. I mull do the Governor 
 the juftice to fay, that the matter was carried be^ 
 fore it came to his turn to give his voice, and 
 therefore he did not vote at all -, and it feemed to 
 me, that what he faid, did not tend to an appro^ 
 bation of what was done. 
 
 4. The Governor is ordinary within his Pro- 
 vince i and by virtue of the King's Commiflion, 
 he collates to all vacant benefices. He hath alfo 
 the power of granting probate of wills and admir 
 niftr^tion of ii>teftates efFefts, by virtue of his in- 
 itrudions. 
 
 I have not the laws of South Carolina by me 1 
 but in that Province, one of their Governors for- 
 merly aiTpnted to an Adt of AflTembly, by which 
 the parochial Clergy were put entirely in the 
 power of the veftries, who could force a minifter 
 to quit at any time, by refufingto give him a cer-? 
 tificate to enable him to receive his falary. The 
 Vellries carried this power to fuch a length, that 
 for fome years before the Civil War, they woul4 
 not permit a Minifter to apply to the Governor 
 for collation ; but the Clergy continued to of- 
 ficiate merely during the pleafure of the Veftries, 
 The Clergy in America do not receive tithes, 
 but in moft of the Colonies before the Civil War 
 (except the New England Provinces, where 
 the Independents had thp upper hand), an Act 
 of Affembly was made, to divide the Colony intq 
 pariQies, and to eftablifti religious worlhip therein, 
 
 O 4 according 
 
 f 
 
 \i 
 
 'i -t 
 
 ^' 
 
 itili 
 
 m 
 
 I ! 1 
 
 ifvM I 
 
 3l»t i| 
 
 M 
 
 If i 
 
( 
 
 j 
 
 \ : 
 
 'I 
 
 
 l4t..!^ 
 
 TV 
 
 I-h;^, 
 
 v4ji: 
 
 ,t !•, 
 
 i 
 
 i^i III.' 'ii 
 
 ^'1 
 
 jloo ConftitutioH of fBe BRmfl« Colonies 
 
 accotding to the rites and ceremonies of the 
 Church of England, and alfo to raife a yearly la- 
 lary for the fupport of each parochial minifterj 
 but in moft of thefe A<fts of Affembly, there was 
 a claufc, which provided, that no Mmifter fhould 
 exercife any ecclefiaftica! jurifdi^lion. 
 
 In fome Colonies, the Minifter*s (lipend or fa- 
 lary was raifed in money j in others, the Ad of 
 ArteiTibly dircdled it to be raifed in fugar, and in 
 Virginia it was raifed in tobacco; but, as the 
 quantum of the falary, and the mode of railing it, 
 "Were differenft in almoft every Colony, it would 
 be endlefs to take notice of all the A6ls of Af- 
 fembly that were made for that purpofc. 
 ' On the breaking out of the Civil War in Ame- 
 rica, moft of the Clergy of the Church of Eng- 
 Hnd adhered to their loyalty, and a^ed a part 
 fui table to the bieffed religion which they 
 f reached. But the propriety of their condu^, 
 and the facred order to which they belonged, did 
 hot proteft them from the perfecution of their 
 enemies. Many of them have taken fhelter in 
 Great Britain, and others in different Colonics, 
 I met feveral of them at New York, and fre- 
 quently attended divine worlbip at the City Hall, 
 where they preached in rotation. I was much edi- 
 fied with their truly gofpel do«5lrine, for their 
 difcourfes vcre intended to mend the heart, and 
 not to miflead the head with fine fpun theories; 
 and they delivered themfelves with that zeal, 
 which diftinguifhes thofe who fed what they 
 preach to others. Amongft men of diis primitive 
 ftamp, I fhould mention Mr. Learning, and the 
 two Saycrs from Conncdicut, was it not that good 
 men are dead to the applaufe of the world, and 
 look for their reward in another country, where 
 mefit will not be miflraken or overlooked. 
 
 3 The 
 
in North America, &c. 
 
 sot 
 
 The fallowing form of a Collation witl anfwcr 
 the purpofc of a precedent in any Colony. 
 
 Antigua. By the Honourable A. B. Efq; 
 
 Prefident of the Council of his 
 Majefty*s Ifland of St. Chrifto- 
 phtr, and Connnnander in Chief, 
 Chancellor, Vice Admiral, and Or- 
 dinary for the time being in and 
 over all his Majefty's Leeward 
 Charibbee Idands in America. 
 
 HIS Majcfty having been gracioufly pleafed by 
 Letters Patent wnder the Great Seal of Great Bri- 
 tain ro ant o tic me to collate orthodox Miniders 
 to all and evfpy the parifhes in the faid Iflandsi 
 and the parifti of St. John, in the IQand of An- 
 tigua, being vacant by the death of the late in- 
 cumbent, and the Rev. C. D. Clerk, being re- 
 commended to nrie as a perfon well qualified to 
 take on him the Cure of Souls -in the faid Parifh, 
 I do hereby conftitute and collate the faid 
 C. n. to be Clerk Minifter of the faid Parirti of 
 St. John, in the faid Ifland of Antigua, with full 
 power to have, hold, receive, and enjoy all fuch 
 rights, dues, perqiiifites, and advantages, as do, 
 or of right may belong to him, either by Jaw or 
 cuftom. ' 
 
 Given under my Hand 
 and Seal at Arms iu 
 
 To the Churchwardens 
 and Vellry of the 
 Parilh of St. John, 
 in the Ifland of An- 
 tigua, 
 
 the Ifland of St. Chri- 
 ftopher, and counter- 
 fjgned by my Sccrc- 
 cretary the 28 th day 
 of January 1767, and 
 in the feventh year of 
 his Majelly's reign. 
 By his Honour's Command, A. B, 
 
 £• F, Deputy Secretary* 
 
 In 
 
 I i 
 
 n : 
 
ii 'I 
 
 »!■■ 
 
 (', 
 
 W '1 I 
 
 hi'-*' 1 
 
 'A\i 4 T : if 
 
 ;* ^. 
 
 ■ »■ II' 
 
 , IT '.■ll^ 
 
 I''; ' I 
 
 I .'.It 
 
 ■t-vi 
 
 t'l 
 
 1 ' ■'V 
 
 
 ::.J 
 
 ''^H 
 
 V'; 
 
 floi Conjiituthn $/ the British Colonies 
 
 In the government of the Leeward Charibbec 
 Iflands, there are a Captain General and Gover* 
 nor in Chiefs and a Lieutenant General of all the 
 Iflands i and there are alfo Lieutenant Governors 
 of the Iflands of Antigua, Montferrat, Nevis, and 
 Saint Chriftopher's refpedively. In the deaih or 
 abfence of all thofe, the Senior Member of the 
 Council of the Ifland of Sainc Chriftopher's, is 
 Commander in Chief for the time being. There 
 is at preient a Lieutenant Governor of Tortpla, 
 and the other Virgin Iflands ; but I apprehend, 
 that he is iVibordinate to the Members of the 
 Council of the I'everaJ Iflands firft abovemcn* 
 tioned, and that each of them would, in fuccef- 
 fion, take the command of the Leeward Char* 
 ribbcc Iflands before him. There was alfo a 
 Lieutenant General of the Southern Charibbee 
 Iflands whilft they formed one government, but 
 one of thofe I(]ands hath been lately ceded to 
 Francej and the other three are fcparate govern- 
 ments. 
 
 The power of a Governor of a Colony, to 
 grant probate of Wills, is delegated to him by 
 his inllruftions. In the Ecclefiaftical Xourts in 
 J^ngland, there are two methods of proving a 
 "Will i one in conimon form^ by the oath of the 
 Executor; the other ^^r /^^j. Floyer's PrO(flor$ 
 J?ra6tice I20, Hetley 77. 
 
 In the Weft India Iflands, that I am acquainted 
 with, every will is proved per tejles^ or at leaft/^r 
 tejienti by one of the fubfcribing witneflTes thereto, 
 unlefs they are all our of the Ifland 5 and in that 
 cafe, it is ufual for one of the executors, and 
 fome perfon who is acquainted with the hand- 
 yrrjting of the Teftator, to go l^efore the Ordi- 
 nary, and ma^e oath, that they are acquainted 
 wi^h the Teftator's hand-writing, and that they 
 
 believe 
 
in North America, &c. 
 
 203 
 
 believe the name fubfcribed to the Will is of his 
 hand writing ; and the executor farther fwears, 
 that the writing produced, is the Laft Will and 
 Tcftament of the Teftator ; but where either of 
 the fubfcribing witneffcs is on the fpot, and at- 
 tends to prove the Will, the executor takes no 
 cath, nor docs he return any inventory into the 
 Secretary's Office : however, the Will and Pro- 
 bate are always carried to the office, to be regi- 
 ftcrcd at full length. In thofe lOands, where 
 there is no particular Regifter's Office for regi- 
 ftering Deeds and Wills, they are then lodged ia 
 the Secretary's Office for that purpofe. 
 
 In cafe of a Will, to which there is no fub- 
 fcribing witnefs, or of the notes of a Will, or of 
 a Tcftamcntary Schedule, they proceed as near 
 to the pradice of the Ecclefiaftical Courts in 
 England, as local circumftances will admit. 
 
 In mod of the Colonies on the Continent be- 
 fore the Civil War, a Will was proved in com- 
 mon form by the executor's going before the Or- 
 dinary (or before fome perfon by him deputed for 
 that purpofe), and making oath, that the writing 
 produced was the Laft Will and Teftament of the 
 Teftator j that he would produce to the appraifers, 
 that fliould be appointed by the Ordinary, all the 
 goods, &c. of the Teftator, that fhould come to 
 his hands, poffeffion, or knowledge ; and that he 
 would well and truly adminifter all and fingular 
 the goods, &c. of the Teftator, and pay his debts 
 and legacies, as far as his eftate would extend, 
 and the l^w charge him (the executor) j and that 
 he would make ^ trup inventory of the rights and 
 credits of the Teftator, and exhibit the fame, to- 
 gether with the appraifement of his goods and 
 chattels, certified under the hands of the ap- 
 praifers^ into the Secretary's Office of the Pro- 
 
 Vince, 
 
;i 
 
 
 
 fir*; 'II ' ■ '4 
 
 ! f' 
 
 204 Conftitution of /i&^ British Colonies 
 
 vincc, within the time prcfcribed by law. The 
 appraifers alio took an oath, to make a jud and 
 true appraifement, and to return the fame, under 
 their hands, to the executor, within the time prc- 
 fcribed by law. This was the fubftance of thofc 
 twQ oaths i but they were ufually fet out at large 
 in the Aft of AflVmbly, which pointed out the 
 duties required of executors and adminillrators. 
 
 In the Ecclefiaitical Courts in England, if a 
 party is contumacious, they proceed to excom- 
 munication ; and then, on a certificate from the 
 Bilhop to the King in Chancery, 2LvA'\tde Excm- 
 municato Capiendo iffues j but the Ordinary's ju- 
 rifdiftion in fuch of the Colonies, as I am ac- 
 quainted with> was defedlive in this, that the Or- 
 dinary had no power to compel obedience to his 
 fentence. Some years ago, a Lieutenant Go- 
 vernor of South Carolina (who commanded in 
 the abfencc of the Governor) did proceed to ex- 
 communicate a contumacious party; but ] never 
 heard what became of it. However, in fome Co- 
 lonies, they might have had Afts of Aflcmbly, 
 for ftrengthening the hands of the Ordinary. 
 
 In the Weft Indies, the Probate or Affidavit of 
 the due execution of a Will, is always written 
 either under, or on the back of the will : when 
 it is written under the Will, it is in the follow- 
 ing form : 
 
 Antigua. Before his Excellency G. T. Efq; 
 
 Captain General and Governor 
 in Chief in and over all his 
 Majefly's Leeward Charibbec 
 Iflands in America, and Chan- 
 cellor, Vice Admiral, and Or- 
 dinary of the fame. 
 
 PERSONALLY appeared W. B. of the faid 
 Ifland of Antigua, Surgeon, one of the fub- 
 
 fcrifcing 
 
in North America, &c. 20J 
 
 fcribing witnefles to the before written Will of 
 E. M. late of the faid Ifl.ind of Antigua, Widow, 
 dtrccilVd, who being duly fworn on the Holy 
 Evangelifts of Almi^jhty God, makeih oath, and 
 faich, That he was prefent, and did fee the faid 
 E. M. make her mark over againft the Seal, at 
 the foot of the faid before written Willi and that 
 the faid E. M. did fign, feal, publifh, and de- 
 clare the before writing as and for her Laft Will 
 and Tertanient, in the prefcnce of this Deponent, 
 and of the other fubfcribing witneflbs thereto, 
 who fubfcribcd their names to the faid before 
 written Will, in the prefence of the faid Tcfta- 
 trix, and in the prefence of each other: And this 
 Deponent further faith, he verily believes, in his 
 (onfcience, that the faid E. M. was, at the time 
 of hi . executing her faid Will, of found and difpo- 
 fing mind, memory, and undcrftanding : And this 
 Deponent further faith. That the name or letters 
 W. B. fubfcribed as a witncfs to the faid Will, and 
 that the names J. M. and M. O. alfo fubfcribcd 
 as witneflfes to the faid Will, are of the refpedive 
 proper hand-writing of this Deponent, and of 
 J. M. of the faid IHand of Antigua, Pilot, and 
 M. O. of the faid Ifland of Antigua, Widow. 
 
 W. B. 
 Sworn before me, this 
 day of Oftober, 
 
 in the year of our 
 
 Lord 1764. 
 
 When the Probate is written on the back of 
 the Will, it muft be varied accordingly, by ufing 
 the words, *« the within written Will." Inilcad 
 of the words, '* the before written W'll." 
 
 In the Ifland of Jamaica, where the fubfcribing 
 witnefles to a Will, live a: a diftance, it ib ufual to 
 fue out a Dcdimus, to impower Commiflioners to 
 
 take 
 
 
 
 1 
 
 
 
 M|'M 
 
 ^n>iw f Mw!! 
 
 
 
 ■■ ! B ' UK' 
 
 
 nl 
 
 |i| M 
 
 
 Rl 
 
 Umml I^P 
 
 ^^^^^K'^^l 
 
 Mm m 
 
 mm 'm« 
 
 
 is|R%'BflK 
 
 
 
 
 *»" 'y-*ii' ' 
 
 
 
 ' 1 i ■ 
 
 ^'^^IK 
 
 ''' IB' 
 
 i Ifffill WMJ 
 
 i^Hw 
 
 
 BSf ' m 1 J < 
 
 ^'WrmSm i^^H 
 
 Hill 
 
 • ' ns'ui 
 
 
 iHB 
 
 I^Bwlffl^^wH 
 
 
 S fw'^' I^WT 
 
 
 i ^B^' ^ffMl II 
 
 '^..IIIh 
 
 ^Sf^ '! '^M n 
 
 - ifjti tK ^^^K 
 
 ^Bi, ' , * tps ^, f 1 
 
 ' ^^^Ri 
 
 
 i'1^1 
 
 ; ."oK i 
 
 
 Hi' ^> Sti 1 
 
 
 'h^^B 
 
 
 '1 mKii 
 
 
 S' ill 
 
 ' ^^^Hi V I^BH 
 
 WmK: WuM 
 
 'MinB 
 
 
 
 m^Uk^l [It'iI ^I 
 
 fin 
 
 M' ill 
 
 mi'- W't 
 
 
 m ' If 1 
 
 'mmm 
 
 
 
 
 
 ^^' 1^ 1 
 
 
 ma^^ ^ Iff! 1 
 
 \ 'Is^B^B^^^^^n 
 
 II Ml 1 
 
 
 ml' ^ '^ 1 
 
 ii|^KH|^ 
 
 H^B^^f ' ' I 
 
 i'SlB^^H 
 
 
 18 WHH 
 
 w 11 1 
 
 -HirilH 
 
 K^ Mi^ 1 
 
 iaHaKi|WBH 
 
 ■Hj<:% -ffi : i I 
 
 
 mm ! 1 r a 
 
 
 SB')- i it '? 1 
 
 
 fPJ 1 1 .' 1 
 
 
 
 
 mi ' m. 1 
 
 
 ^^^^■^ ^'Mlffffs^^B 
 
 
 
 
 
 
 ^^BȤ ; ^^^Hf^H 
 
 
 
 
 I 
 
 ■ 
 
 
Il' I 
 
 f' 
 
 ^ 
 
 
 tcS Conftitution of the British Colonies 
 
 take the afHdavic of the fubfcribing witnefTci 
 (or one of them) of the due execution of chc 
 WilL 
 
 D E D I M U S. 
 
 Jamaica. 
 
 George the Second, by the grace of God of 
 Great Britain, France, and Ireland, King, and of 
 Jamaica, Lord, Defender of the Faith, &c. To 
 our trufty and wcU^beloved Thomas Frowers and 
 .Nicholas Plifham, of the parifli of Portland, Efqrsj 
 Know ye. That we have conftituted, authorized, 
 and appointed, and by thefe prefents do conditute 
 ye, or either of ye, to adminifter an oath unto 
 -Alexander Wilfon, Jofeph Barnett, and Samud 
 Orr, or any other that arc witnefles, and can make 
 oath of the figning, fealing, publifhing, and de- 
 claring, of the laft Will and Tcftament of R — J—, 
 late of the parilh of Portland, planter, deceafedj 
 and thereof you, or either of you, are to make 
 due return, under your, or either of your hands 
 and feals, unto our Captain-General and Gover- 
 nor in Chief of our faid Ifland, or to the Gover- 
 nor in Chief of the fame for the time being^ 
 ^ith this power annexed i fo that fuch proceed- 
 ings may be ordered therein as may be according 
 to law — Witnefshis Excellency Edward Trelawny, 
 Efq; Captain-General and Governor in Chief of 
 oujT Jaid Ifland at St. Jago de la Vega the twenty- 
 eighth day of January, in the year of otir Lord 
 One thoufand I'even hundred and forty feven, and 
 in the twenty-firft year of our reign. 
 
 Edwakd Trelawny. 
 PafTed the Secre- /"""^ 
 
 tary*s Office — (L. S.j 
 
 Wastel Briscoe, v.,.^ 
 
 Secretary, 
 
 the 
 
 K 
 
 .i\ 
 
in North America^ &c. 
 
 207 
 
 The Return indorfcd on the Dedimus, 
 
 The return of the within Dcdimus appears by 
 the fcheduie annexed. 
 
 Nicholas Plisham. 
 
 :ELAWNY. 
 
 Jjidavit of the due Execution of the Will, taken 
 before one of the Commiffioners. 
 
 Memorandum, this fixteenth of September one 
 thoufand feven hundred and forty-eight, perfon- 
 ally appeared before me, Alexander Wilfon of the 
 parilh of Portland, planter, one of the fubfcribing 
 witneffes to the annexed will of R — J—, who 
 being duly fworn by virtue of the Dedimus an- 
 nexed, made oathy That he was prefent and did 
 fee R — J— the teftator, being then of found 
 mind and memory, fign, feal, publiOi, and de- 
 clare the faid annexed Will as and for his Laft Will 
 and Tellament, and that at the fame time Jofeph 
 Barnett and Samuel Orr were prefent, and fub« 
 fcribed their names as witnelTes to the fame, in 
 the prefence of the faid Teftator: he likewife makes 
 oath, That he knows nothing of any other Will or 
 Wills fincc made by the faid Teftator, in prejudice 
 of faid annexed Will. — Sworn before me the day 
 and year above written. 
 
 Alex. Wilson. 
 
 Nicholas Plisham./^ L. S.y 
 
 The Dedimus, W^ill, and the Affidavit of , the 
 Execution of the Will, muft be annexed together, 
 and then returned into the Secretary's Office. 
 
 In the Province of Pennfylvania (which was a 
 
 Proprietary Government before the Civil War) 
 
 wills were proved before the Regifter General : 
 
 4 and 
 
 \ ! 
 
 
 sJ* 
 
 •:'\ I 
 
;' 
 
 Ti 
 
 «7i 
 
 i': 1."*" rS'' ' 'i 
 
 ..t ' 
 
 mm 
 
 if.i'. 
 
 1 1 , ; 
 
 %\\ 
 
 Seal. 
 
 2oS Conftitution of the British Colonies 
 
 and a Probate out of his Office in Philadehihia 
 was in the following form : 
 
 By the tenor of thefe prefents 
 I William Plumfted, Rcgifttr' 
 General for the Probate of Wills, 
 and granting Letters of Adniini. 
 ftration in and for the Province of 
 Pennfylvania, do make known unto all people, 
 That on the day of the date hereof, atPniladd. 
 phia in the Province aforefaid, before me was 
 proved, approved, and infinuated, the Laft Will 
 and Teftament of D — P — deceafed (a true copy 
 "wl^reof is to thefe prefents annexed), having 
 'Wliilft he lived, and at the time of his death, 
 silvers goods, chattels, rights and credits within 
 the faid Province, by means whereof the appro- 
 bation and inGnuation of the faid Laft Will and 
 Teftament, and the committing the adminiftra- 
 tion of. dill and lingular the good s.^ chattels, rights 
 tthd credits which were of the faid decedent, and 
 alfo the auditing the accompts> calculations, and 
 reckonings of the faid admintftration,, and a final 
 dBfEnrffion from the fame to me is iTianifeftly known 
 tco ibelong, and adminiftration of all and finguk 
 the :goods« chattels, rights and credits of the faid 
 decedent any wife concerning ; and his Laft Will 
 and Teftament was committed to M — P — , exe- 
 cutrix in the faid Teftament named, chiefly of 
 "well and truly adminiftrating the goods, chattfrls, 
 rights and credits of the faid decedent, and m ik- 
 ing a true and perfeft inventory therco^, and ex- 
 hibiting the fame into the Regifter-G^neral's Of- 
 fice at Philadelphia, at or before the 2 ,d day of 
 January next ; and rendering a true and jult ac- 
 count, calculation, and reckoning of she fid .iJ- 
 miniftration, when thereunto lawfully required, 
 being duly fworn thereto. 
 
 In 
 
 Vf 
 
in North America^ Sid 
 
 a09 
 
 in teftimony whereof I have hereunto fee my 
 hand and Seal of Office, at Philadelphia, the 23d 
 day of December* in the year of our Lord one 
 thoufand feven hundred and (ixty-two. 
 
 W. Plumsted, Reg. GL 
 
 In the rianrtc of God, Amen. I D — P — , latd 
 of Antiguai but now of the Borough of South- 
 wark, in the Province of Perinfylvania, black- 
 fmith, being (ick and weak in body, &c. (here 
 fct out the Will at length.) 
 
 Philadelphia, 23d December 1762. Then per- 
 fonally appeared Francis Sewer and Philip Tho- 
 mas, two of the witneifes to the foregoing Will, 
 and on oath did declare, they faw and heard 
 D— P — , the Tcftor therein named, fign, fcal, 
 publiHi and declare the fame Will for and as his 
 Laft Will and Teltamenti and that at the doing 
 thereof he was of found mind, memory, and un- 
 deritandingi to the bed of their knowledge. 
 
 Coram, W. Plumsted, Reg. GL 
 
 In the Weft Indies, where a government cori- 
 liftsof many inands,,and the Governor is out of 
 thclfland (where a Will is to be proved) buc 
 within the goTernment, the Prefident of the Ifland 
 where the Will is to be proved, ufually takes the 
 probate or affidavit of the execution of fuch Will j 
 but if the Teftator leaves effcds in different Iflanda 
 in the government, then^ to fave the expence 
 and trouble of proving the Will before the differ- 
 ent Prefidents in tnofc Iflands in which the effefts 
 lie, the Ihorteft way is, to prove the Will before 
 the Governor in Chiefs as Ordinary of all the 
 Iflands 5 and then to have the Will regiftered in 
 ihofe Iflands where there are any effcfts of the 
 Teftator, in the fame manner as in England, when 
 
 P the 
 
 
 ^1 
 
 \' 
 
 1 
 
 'Mm. 
 
 
 I 
 
 Mil 
 Pi 
 
 Wit 
 
 m 
 
'iiSa'i 
 
 :; 
 
 ill' 'i \ $1 
 
 
 210 Conftitutton of the British Colonies 
 
 the deceafed has bona notabilia in different diocefcs, 
 the Will muft be proved in the Prerogative Court 
 of file Archbifhop of Canterbury. 
 
 The Governor, as Ordinary, has alfo the power 
 of granting adnniniftration of Inteftates effedh: 
 but if a governnnent confifts of many Iflands, and 
 the Governor is out of that Ifland in which the 
 tnteftate*s effcfts lie, but within the government, 
 the Prefident of the Council of that Ifland where 
 fuch Inteftate's effcfts lie, ufually grants letters of 
 adminillration within that Ifland where fuch ef- 
 fefts are, and from whence the Governor is then 
 abfeht : — but if the Inteftate leaves efFeds Within 
 different Iflands, in that cafe, to prevent the 
 trouble of applying for as itiany admiili Orations 
 as there are Iflands in which the Inteflate had 
 effefls, the beft way isy to petition the Governoif 
 for adminiftration of all the effeifls of the Inteftate 
 within the government, in the fame manner as an 
 application is made to the Prerogative Court in 
 England, where the deceafed h^d bona notahik 
 m different diocefes. 
 
 In the Weft India Iflands, the method of ob- 
 taining letters of adminiftration is, to petition the 
 Governor for that purpofe,, who, without ifTuing 
 Any citation, grants the prayer of fuch Petition, 
 and frequently, without giving ahy tim6 to thofc 
 who are better intitled to adminiftration^ to oppofc 
 the fame :— when the petition is granted, the Ad- 
 miniftrator gives boiid, with fecurities in the Sc-* 
 iiretary's Office, faithfully to adminifter the in- 
 tcftat<**s effects according to law, and to render 
 ajuft and trOe account of his adminiftration upon 
 oath, when he fhall be thereto lawfully required, 
 — A warrant of appraifment alfo iflues, and the 
 appraifers are to make an inventory and appraif- 
 ment of the goods and chattels- of the Intellate, 
 
 S- and 
 
ik 'HotLtu AmtLtcAy Arc; 
 
 aii 
 
 and to t-etunv the fame with all convenient fpccd 
 into the Secretary'^ Office j and they arc to Iwcat 
 thereto if lawfully required. 
 
 In the Colonies on the Continent^ no Ifetters of 
 adminiflration were granted before the Civil War^ 
 until a citation hid been iflucdi and read in the 
 church by the miniftdr during the time of divine 
 itrvice, on the Sunday before fuch letters of ad- 
 miniftration wete granted i and the adoiiniftrator 
 and appraifers wef-e fworn to the effedl fet forth^ 
 under the head of executors, except that the part of 
 the oath, whichi in the cafe of an executorj ftatedj 
 that he believed the writing produced to be the 
 Laft Will of the deceafcd, in the cafe of an admi- 
 niftrator was altered^ by inferting inftead thereofi 
 the wordi? following, viz. " Thrat the deceafcd 
 " made no willj as far as the deponent krtew and 
 " believed :" — in other rcfpedtfe, the adminiftra- 
 tor conducted himfelf iri the fame manner as am 
 executor was before obferved to do. 
 
 The hafty method of proceeding in the Weft 
 Indies, in the granting of letters of adminiftra- 
 tion in the manner before fet forth, hath been 
 produflive of many inconveniencics.— Some yearsi 
 ago, a perfon in the Ifland of Jamaica petitioned 
 the Governor for letters of adminiftration of the 
 edate and effects of a man who had left the Ifland; 
 and was dated in the petHtion to be de^d i — the 
 prayer of the Petitiori was granted^ and letters of 
 adminiftration obtained j — and fome timfc after- 
 wards, the perfon fuppofed to be dead returned 
 to the IHand $ — ort which the then Governor or- 
 dered, that for the future no letters of adminiftra- 
 tion Ihould be granted, until previous notice of 
 the application for them was giyen, by an adver- 
 tifcment in the news paper. 
 
 P 3 
 
 lihall 
 
212 Conftiiution of the British CofloitIes 
 
 I ihall here furnilh the Reader with the mode of 
 application for Letters of Adminillration in fome 
 of the Weft India Iflands. 
 
 1 1 
 .< 
 
 fi.:' 1 i;!i ' i 
 
 i!' 
 
 
 I 
 
 
 I ;l! 
 
 A Petition for Letters of Jdminiftration. 
 
 St. CuRiSTGPH£R.'s* To the Honourable J. V. Efqj 
 
 Prefident of his Majefty's 
 Council of his IQand of St. 
 Chri(lopher> and Command- 
 er in Chief, Chancellor, 
 Vice-Admiral, and Ordi- 
 nary for the time being, in 
 and over all his Maje^'s 
 Leeward Charibbee Idands 
 in America i 
 
 The humble Petition of F. C. of thefaid 
 Ifland of St. Chriftopher, Gentleman, 
 and Mary his Wife (which faid Mary is 
 the only furviving Child of N. K. late 
 of the faid Ifland of St. Chriftopher, 
 Gentleman, deceafed :) 
 
 Sheweth, 
 
 That the faid N. K. departed this life on or 
 about the twentieth day of May laft p^ft, inteftate, 
 and unmarried, poflcfled of fome perfonal edate 
 within the government of his Majefty's Leeward 
 Charibbee Idands in America. 
 
 That as your Petitioner Mary is the only fur- 
 viving child of the faid N. K. your Petitioners 
 are advifcd, that thev are well intitled to Letters 
 of Adminiftration of all and (ingular the goods 
 and chattels, rights and credits, which were of 
 tlie faid Inteftate at the time of his deceafe. 
 
 Your 
 
in North America, &c. 
 
 213 
 
 Your Petitioners therefore humbly pray, 
 your Honour to grant unto them, and 
 the furvivor of them. Letters of Admi- 
 niftration, of all and fingular the goods 
 and chattels, rights and credits, which 
 were of the faid N. K. at the time of 
 his death, within the government of his 
 Majefty's Leeward Charibbee IQandi 
 in America, upon your Petitioner F. C. 
 giving the ufual fecurity into the Se- 
 cretary's Office of this IQand, on behalf 
 of himfelf and your faid Petitioner Mary, 
 faithfully to adminifter the fame. Sec. 
 
 And your Petitioners ihall ever pray, &c. 
 
 Dated this 17 th day of F. C. 
 
 Sept. 1766. M. C, 
 
 A Petition /(7r Letters of Mminiflration^ with the 
 
 IVill annexed, 
 
 Antigua. To his Excellency G. T, Efqj Cap- 
 
 tfiin-Geqeral gnd Governor in 
 Chief in and over all his Maje(ly*s 
 Leeward Charibbee Iflands in 
 America, and Chancellor, Vicc- 
 Admir^l and Ordinary of th^ 
 fame *, 
 
 The humble Petitioa of E, B. qf the faid 
 Idand of Antigua,' Gentleman, and Mar- 
 garet his Wife : 
 
 Sheweth, 
 
 That W. C. late of the faid Idand of Antigua> 
 Gentleman, deceafcd, departed this life on the 
 eight day of Auguft, in the year of our Lord one 
 thoufand fcven hundred and fixty-four, having 
 
 P 3 firlt 
 
 It,! 
 
 M'^ 
 
 If 
 
 I 
 
 t 
 
 i 
 
 I 
 
 ^ 
 
 n 
 
 w% 
 
 
 E '■' 
 
 l\\ 
 
 ■■' *\ ' 
 
 
 \ 
 
 t ' 
 
m 
 
 vl 
 
 ill!! 
 
 i m 
 
 fi 
 
 
 l!i:; 
 
 .^ ■lis 
 
 ' i'i'f'^'iil'l I'^'^' ■' 'I 
 
 ■if] 4 
 
 
 $ 14 ConJHtutim of the British Colon i e9 
 
 firft made his Laft Will and Tcftamcnt nuncupa, 
 tive, and thereby given his* real and pcrfonal 
 eftatc to your Petitioner Margaret, who was 4 
 filler of the half blood to the faid W. C. ; which 
 Taid Will nuncupative hath been duly proved be- 
 fore your Excellency^ 
 
 That the faid W. C. not having named any 
 pcrfon or perfons as executor or executors of hii 
 (aid Laft Will and Teftament, your Petitioners 
 are advifed, that it is neceffary for them to take 
 put ILetters of Adminiftration^ with the faid Will 
 and Teftament annexed. 
 
 Your Petitioners therefore humbly pray your 
 your Excellency, that Letters of Admi- 
 niftration of all and lingular the goods 
 and chattels, rights and credits, which 
 were of the faid W. C. at the time of his 
 death, with his Laft Will and Teftament 
 annexed, may be granted to your Petition- 
 ers, and the furvivor of them, upon their 
 giving the ufuaj fccurity into the Secre- 
 tary's OfBce of this Jfland, faithfully to 
 adminiftcr the fame. 
 
 And your Petitiupc^rs will ever pray, &c, 
 
 patcd 265h of April 1765. 
 Granted E. B. 
 
 G.T. M.B, 
 
 J confent to the above 
 Petition. T. W:* 
 
 * The flat. 29 Cha. II. c. 3. for prevention of frauds 3n4 
 perjuries, is not in force in Antigua; but heverthelefs it is 
 conceived, that a deyife of lands by a njjncupative Will was 
 oot good, even before the fiat, of Cha. XI. for the ilatutes 
 of 32 Hen. 8. c* I' and 34 Hen. 8* c. y which permitted 
 |he dpifmg of l^pd? by Wil|» direft it to be in writing. 
 
 Letun 
 
If North America, Sfc^ 
 
 US 
 
 Letters of jidminiftration* 
 
 Antigua, 
 
 © 
 
 By his Excellency G. T. Efq; Cap- 
 tain-General and Governor in 
 Chief in and over all his Ma- 
 jefty *s Leeward Charibbce Iflands 
 in Airjerica, Chancellor, Vice- 
 Admiral, and Ordinary of the 
 fame. 
 
 WHEREAS E. B. of the faid Illand of An- 
 tigua, Gentleman, and Margaret his wife, by 
 their Petition to me directed, have fet forth, That 
 W C. late of the faid IQand of Antigya, Gentle- 
 man, Jeccafcd, departed this life on the eighth day 
 of Auguft, in the ye^ of pur Lord one thoufand 
 k\tn hundred and fixty-four, having firfl: made 
 his Laft Will and Teftamenc nuncupative, and 
 thereby given his real and perfonal eftate to your 
 Petitioner Margaret, who was a fifter of the half 
 blood to the faid W. C. ; which faid Will nun- 
 cupative hath been duly proved before me. 
 
 That the faid W. C. not having named any per- 
 fon or perfons as executor or executors of his faid 
 Laft Will and Teftament, the Petitioners were 
 advifed, that it was o^ceilVy for them to take 
 out Letters of Adminiftration, with the f^id Will 
 and Teftament annexiedi the Petitioners therefore 
 humbly prayed me, that Letters of Adminiftra- 
 tion of all and lingular the goods and chattelst 
 rights and credits, which were of the faid W. C^ 
 at the time of his death| with his Laft Will and 
 Teftament annexed, might be granted to the 
 Pecitiojners, apd the furvivgr of them, upon their 
 giving the ufual fectirity intp the Secretary's- Of:- 
 fice of this IHaad, faithfully to admioiftpr the 
 
 P 4 ADMI^ 
 
 t/' I 
 
 P:.\ 
 
 
 V- 
 
 
 t 
 
 
 
 if '^ 
 
 P 
 
 i-ii 
 
 
 \i 
 
II 
 
 III 
 
 1 .1 
 
 
 'ii 
 
 ) •: 
 
 ml 
 
 
 I, V' 
 
 Ii 
 
 Sri -I 
 
 a 1 6 Conftltution of the British Colonies 
 
 ADMINISTRATION therefore, of all and 
 fingular the goods and chattels, rights and credits, 
 which were of the faid W. C. at the tijnc of hjs 
 (death, with his Will annexed, is hereby granted 
 unto the faid E. B. and Margaret his wife, they 
 having giyen bond, with fecurity in th^ Secre- 
 tary's Office of this Ifland, faithfully to adminifter 
 |he fam^ according to law, and to render a jud 
 and true account of their adminiftration upon 
 oath, wl>en they (ball be thereto lawfully required. 
 
 Paired the Office. Given under my hand an^ 
 W. A. Seal this 30th day of April 
 
 Dep. Sec. 1765. G, T. 
 
 ANTIGUAt 
 
 Warr(int of Appraifement, 
 
 By his Excellency G, T. Efq; Cap^ 
 tain- General and Governor io 
 Chief in and over all his Ma- 
 jelly's I^eeward Charibbeelflands 
 in Annericay Chancellor, Vice- 
 Adoiiral, and Ordinary of the 
 fame. 
 
 THESE are in his Majefty's name^ to authorifc 
 and require you A. B, C. D^ E. F, G. H, or any 
 three of you, according to the beft of your judg- 
 ments and confciences, to inventory ^n^ appraifc 
 the gopds and chattels of W. C* late of the faid 
 Ifland of Antigua, Gentleman, deceafed| as the 
 fame Ihall be Ihewrt uhto you by E B. and Mar* 
 garet his wife, Adniihiltrator and A^lminillratrix 
 of all and fingular the goods and chattels, right$ 
 and credits, which were of W. C. deceafed, with 
 his Will annexed, and return thereof, to make 
 mto the Secretary's Office of this Ifland, with all 
 convenient fpeed : which return you are to ntakf) 
 
in North America, &c. 
 
 *»y 
 
 ib that you may fwcar, if f hereto lawfully requir- 
 ed, that the fame is a juft and true Appraifement; 
 and for your fo doing this fhall be your warrant. 
 
 paflcd the Office. Given under my Hand an4 
 W. A. Seal this 30th day of April 
 
 Dep. Sec. 1765. G. T. 
 
 Jnether form of a Petition for Letters of Admini- 
 
 ftration, 
 
 gt. Chjiistophbr's. To the Honourable J V. Efqi 
 
 Prefidentof the Council of 
 his Majefty's Ifland of St. 
 Chriftopher, and Com* 
 mander in Chief, Chancel- 
 lor, Vice- Admiral, and Or- 
 dinary for the time being, 
 in and over all his Ma- 
 jefty's Leeward Charibbee 
 Jflands in America ; 
 
 The humble Petition of J. L. of the Ifland 
 of St. Chriftopher, Merchant : 
 
 Sheweth, 
 
 That W. D. Merchant, departed this life at 
 the IQand of St. Euftacia, fome time in the month 
 of November laft, pofTefTed of divers goods and 
 chattels, rights and credits, within his Majefty's 
 Leeward Charibbee Iflands in America. 
 
 That the faid W. D. at the time of his death, 
 left a widow in fome part of Great Britain, and 
 fome time before his death made his Laft Will 
 and Teftament in writing, at the Ifland of St. 
 Croix, and appointed T. L, H. R, and G. H, 
 all of the faid Ifland of St. Croix, Gentlemen, 
 
 Executors of his faid WilK 
 
 • 'V That 
 
 ,11 
 
 'A 
 
 i 
 

 i^. 
 
 .rl 
 
 •■ i 
 
 f'3i-i 
 
 til'' 
 
 
 .,& 
 
 ■r 'I 
 
 ■!■ i*1'l 
 
 15: 
 
 -fff* f #'! 
 
 21 S ConftitutioH of tbt British Colonies 
 
 That the faid Executors, and every of them, 
 have rrfufed to aft under the faid Wil!, and have 
 alfo rcfufed to prove the fame; fo that your Peti, 
 tioner hath not been able to ^et a copy of the laid 
 Will to annex to this his Pccition. 
 
 That your Petitioner hath taken an alignment 
 of a bond or obligation, entered into by the faid 
 W. D. in his life time, for a large fum of money, 
 and by reafon thereof is become the largett cre- 
 ditor of the faid W. D. within your Honour's 
 governmf^nt : but as no perfon hath yet proved 
 the faid Wiil of the faid W. D. nor taken out Let- 
 fers of Adminiltration of his perfonal eftace, your 
 Petitioner is altogether difabled from commen- 
 cing any aftion or fuit for the recovery of his laid 
 demand. 
 
 Your Petitioner therefore humbly prays your 
 Honour to grant ijnto him Letters of Ad- 
 miniftration of all and fingular the goods 
 and chattels, rights and credits, which were 
 of the faid W. D. at the time of his death, 
 within the government of his Majefty's 
 Leeward Charibbcc Iflands in America, 
 upon your Petitioner's giving the ufual fe- 
 curity faithfuUf to adrnkvifter the fame, &c. 
 
 And your Petitioner ihaU «v€r pray, &c, 
 Dated the 19th day of March 1767. 
 
 The inconve/iiencies ari0ng frorn tf»e Wly 
 inethod of graetimg Letter^ of Adminiftration in 
 the Weft lodiejs, will appear fey the two foJUowing 
 
 PST!-* 
 
h NOIITH Ambrica, &c. 
 
 fti9 
 
 f ETiTiON to revoks Letters of Adminiftration granted 
 to W. S. and to grant tetters of Admintjiration 
 ;c^J. B. 
 
 A;^Tiqu4. To his Excellency Q. T- Efq; Cap- 
 
 tain-General and Governor 19 
 Chief in and over all his Majefty's 
 ..Leeward Chanbbee IHandg in 
 America, and Chancellor, Viccr 
 Admiral, and Qrdinary of the 
 ftmc; 
 
 The humble Petition of J. B. of the Iflaad 
 of Antigua, Gentleman ; ^ 
 
 Shewcth, 
 
 That A. B. of th<* fard Ifland of Antigua, 
 Gentleman, ypur Petitioner's late brother dc- 
 ceafed, departed this life in the faid Illand on the 
 twenty-ninth day of Auguft laft pafV, inteftate 
 and pnmarried, poffeffed of a conftderable perfonal 
 cftatc within your Excellency's government. 
 
 That your Petitioner was off from this lOand 
 at the time of the death of the faid A. B. and that 
 on or about the thirtieth day of Auguft lall paft, 
 W.S. of the Ifland of Antigua, Merchant, preferred 
 a Petition to your Excellency, therein letting forth, 
 ^niong other things, the death and inteltacy of 
 the faid A. B. and that the faid deceafcd was, at 
 the time of his death, indebted to him the faid 
 W. S. in the fum of one hundred pounds or 
 thereat)outs ; and that he had actually been at 
 the expence of burying the faid deceafed : the 
 faid W. S. therefore humbly prayed your Excel- 
 lency to grant unto him Letters of Adminiftration 
 pf all and Angular the goods and chattels, rights 
 and credits, which were of the faid Intellate at 
 f^e tlfne of his d^ath, upon th^ faid W» S. giying 
 
 the 
 
 !i 
 
 
 ■r 
 
 1 ^^ 
 
 w 
 
 s 
 
 < 
 
 f 
 
 < 
 
 
 m 
 
 i 
 
 4 \ 
 
 
 1 
 
 1^ 
 
 m 
 
 k 
 
 m 
 
 
 
i r 
 
 ;,;t 
 
 ilH!. 
 
 ,:i ■ 
 
 'iri 
 
 < ;! 
 
 ■/I 
 
 ii! ■ i l! 
 
 ;^ .,: ; 
 
 ■ft' ■ f 
 
 ft 20 ConJiUuiioH of the British Colon iis 
 
 the ufual fccurity for the faithful adminitlratio^ 
 thereof. 
 
 That the faid Petition of the faid W. S. was 
 not oppofed by any pcrfon whatfof vcr ; and there- 
 upon your Excellency was pleafcd to grant the 
 fanne. 
 
 That your Petitioner and his Brother L. B. 
 who is a minor, are the next of kin to the faid 
 deceafed. 
 
 That your Petitioner is willing, and doth here- 
 by offer to pay unto the faid W. S, all fuch fum 
 and fums of money as are judly due to him from 
 th« eftate of the (aid deceafed. 
 
 Your Petitioner therefore humbly prays your 
 Excellency to revoke and declare null 
 and void the Letters of Adminiflration of 
 the goods and chattels, rights and credits, 
 of the faid deceafed, granted to the faid 
 W. S. to all intents and purpofes in the 
 law whatfoever \ and to grant and commie 
 ^ Letters of Adminiflration of the goods and 
 chattels, rights and credits, of the faid de- 
 ceafed, which ?ire within your Excellency's 
 government, a^ew to your Petitioner, 
 upon hisgiymgthe ufgal fecurity faithfully 
 to adminifter the fame \ and that the faid 
 W. S. may be decreed to account on oath, 
 before your Excellency, for all and Angu- 
 lar the goods and chattels, rights and 
 credits of the faid de^e^fed, \vhich finc^ 
 , his death have come to the h^nds, pofTef- 
 (ion, or power of the faid W. S, ^nd that 
 he may pay over unto your Petitioner fuch 
 balance as (hall appear to be in his hands. 
 
 And your Petitioner (hall ever pray, &c, 
 
 Dated the day of February 1766. 
 
in North Ambricaj &c. 
 
 121 
 
 Jneiher Form of a Petition to revoke Lzttsrs of 
 Administration, &c* 
 
 Antigua. To his Excellency G. T. Efq, 
 
 Captain General and Governor 
 in Chief in and over all his 
 Majedy's Leeward Charibbee 
 lOands in America, and Chan- 
 cellor, Vice Admiral, and Or- 
 dinary of the fame : 
 
 The humble Petition of A. M. c' the Ifland 
 of Antigua, Gentleman ; 
 
 Sheweth, 
 
 That C. J. late of the I(land of Antigua, Sugar 
 Refiner, deceafed, departed this life on Tuefday 
 the thirtieth day of October laft, in the morning, 
 at the houfe of G. B. of the Idand of Antigua, 
 Efq. fituate in the town of St. John, in the faid 
 IQand, having firft made his lad Will and Tefta- 
 ment in Writing, bearing date the fifteenth day 
 of Augud, in the year of our Lord 1761, and 
 thereof appointed W. E. Gentleman (fincc de- 
 ceafed) executor. 
 
 That the faid G. B. was confiderably indebted 
 to the faid C. J. at the time of his death, for his 
 falary, as a Sugar Refiner j neverthelefs, the faid 
 G. B. concealed the death of the faid C. J. for 
 feveral hours, till he the faid G. B. had prepared a 
 Petition from himfcif to your Excellency for Let- 
 ters of Adminiftration of the goods and chattels, 
 rights and credits, which were of the faid C. J. at 
 the time of his death, to be granted to him the 
 faid G. B. although the faid C. J. was, at the 
 time of his death, indebted to your Petitioner, 
 
 and 
 
 m 
 
 ;.i. 
 
 m 
 
 •t 
 
 
 
 lipi 
 
l\ 
 
 1 
 
 
 m} ' '^■ 
 
 
 mi u '] ' 
 
 ; 
 
 ■■'■ . ■ itr '/'iJ i 
 
 Hi ' i 
 
 i2i tonfihutidn df the British ColoU\i% 
 
 and J. H. of the faid Ifland of Antigua, Efq. irf 
 fcvetil Cdwfiderable fums of money. 
 
 That the faid G, B* by concealing the death of* 
 the fai4 C. J. in manner aforefaid, procured Let- 
 ters of'Adminiftration of the goods and chattels^ 
 fights- and credos, which were of the faid C< J. at 
 the time of his deaths to be granted to him by 
 your Excellen<;y. ' 
 
 'l^hat as the faid C J. duly made and executed 
 fufh laft "Will and Teftamcnt, as hereinbefore is 
 mentioned ; and as the faid W. E. the executor 
 iiamed in fuch laft Will and Teftament is dead, 
 and your Petitioner and the faid J. H* are the 
 iargeft creditors of the faid C. J, 
 
 If our petitioner therefore humbly prays 
 your Excellency, that Letters of Admi- 
 niftration of all and fingular the goods 
 and chattels, rights and credits^ which 
 Were of the faid G. J. at the time of his 
 deathj with his faid laft Will ahd Tefta- 
 ment annexed, may be granted to your 
 Petitioner, upon his giving the ufual 
 fecurity into the Secretary's Office of 
 this Iflafid, faithfully to adminifter the 
 . . fame j and that the Letters of Admini- 
 ftration/ which have been granted unto 
 the faid G. B. may be revoked. 
 And your Petitioner will ever pray, &c. 
 
 1 the above named J. H. (being the large!! 
 creditor of the above named C. J.) do hereby 
 humbly confent to the prayer of the above writtert 
 Petition, if your Excellency (hall be plcafcd to 
 approve of the fame. 
 
 5. The Governor prefides in the Court of 
 Errors, of which he and th« Council are Judges, 
 
 Vi 
 
in NoRTit America, &c. 
 
 123 
 
 to hear and determine all Appeals, irt the nature 
 of Writs of Error, from the fuperior Courts of 
 Common Law in the Provihcc j and all Writs of 
 Error are tefted in his name, when he is on the 
 fpot : but in thofe governments, which conlift of 
 feveral IQands, it is provided by Ad of AffembJy^ 
 that, in the abfcnceof the Cilpiain General or Go- 
 vernor in Chief from the Ifland, the Lieutenant 
 General, Lieutenant Governor; or if he is alfo 
 out of the Ifland) the Prcfident, and Council of 
 the ifland are Judges of the Couf t of Errors, and 
 then Writs of Error may be liTucd by and tefted 
 in the name of the J^refident of fuch Ifland, and 
 fhall be made returnable before, and proceeded 
 in by him and the Council of the faid Ifland j but 
 the number of Councillors neccflfary to conftirute 
 fuch Court of Errors, is different in fomc Iflands 
 to what it is in others. 
 
 Thcfe Appeals or Writs of Error, are allowed 
 and regulated by his Majefty's infl:ru6lions to his 
 Governor : but in the Weft India Iflands, Ads of 
 AiTcmbly have been pafled to direct the mode of 
 proceeding in Appeals or Writs of Error, in fuch 
 particulars only, about which his Majefty's in* 
 ftruftions are iUeiit. In thole Acfls of Afiembly, 
 the Court held by the Governor and Council for 
 correfting errors in proceedings in the fuperior 
 Courts of Common law in the Province^ is called 
 The Court of Errors ; and the procefs for remov- 
 ing the proceedings, is called A Writ of Error $ 
 but the King's inftrudtions call it An Appeal; by 
 fuch inftrudions, liberty of Appeal is allowed 
 from tiie judgment or fentenx:e of the Courts of 
 Common Law to his Excellency the Governor or 
 Commander in Chiefy and the Council; for which 
 purpofe, a Writ is to iflFue, returnable before the 
 Governor and CoiHicil, who ar« to proceed to 
 
 hear 
 
 
 
 
 i 4 
 
 if 
 
il ;l 
 
 l>' I 
 
 Pi.'i^ 
 
 rf: 
 
 .1'l 
 
 
 i' 
 
 "!!':IIN:: 
 
 ;■? 1 ;:, 
 
 Til- »■ .-f ; 
 
 'i-'-il ' . ^ ,» ■ 
 
 y ■ ^^'1' 
 
 4 :t' 
 
 
 
 ft24 ConftUution of the British Colonies 
 
 hear and determine fuch Appeal, wherein fuch of 
 the Council, as fhall be at that time Judges of 
 the Court, from whence fuch Appeal (hall be fo 
 made, fhaii not be permitted to vote upon fuch 
 Appeal 5 but they may neverthelefs be prefent at 
 the hearing thereof, to give the reafons of the 
 judgment given by them in the caufes, wherein 
 fuch Appeals (hall be made. Liberty of Appeal 
 is alfo allowed from the judgment or fentence of 
 the Governor or Commander in Chief and Coun- 
 cil> and from the order or decree of the Court 
 of Chancery to his Majefty in his Privy Council { 
 but fuch liberty of Appeal is under the following 
 J-cftri^tions: 
 
 t. No Appeal (hall be allowed to the Governor 
 in Council in any civil caufe^ unlefs the debt or 
 damages^ or the fum or value appealed for, do 
 exceed the fum of 300/^ (lerling ; except the mat- 
 ter in queftion relates to the taking or demanding 
 any duty payable to the King^ or to any fee of 
 office, or annual rent, or other fuch like matter 
 or thing, where the rights in future may be 
 bound i in all which cafes, an Appeal is ad- 
 mitted to the King in his Privy Council, though 
 the immediate fum or value appealed for be of 
 lefs value. 
 
 2. That in all cafes of fines impofed for mifde- 
 meanors, no Appeals are permitted to the King 
 in his Privy Council, except the fines, fo impofed, 
 amount to or exceed the value 200/. fterlidg. 
 . 3. That every fuch Appeal to the Governor 
 and Council be made within fourteen days after 
 judgment or fentence is pronounced in the Court 
 below i and that theAppellant or Plaintiff in Error 
 do give good fecurity that he will efFcdually pro^ 
 fecute his Appeal or Writ of Error, and aniwer 
 the condemnation money i and alfo pay fuch coft« 
 
 .2 and 
 
in North America* &c. 
 
 225 
 
 and damages as (hall be awarded, in cafe the 
 judgment or fcntcnce of the Court below (liall be 
 affirmed, 
 
 4. That no Appeal be allowed from the judg- 
 ment or fentcnce of the Governor and Council, 
 or from the decree of the Court of Chancery to 
 the King in his Privy Council j unlefs the debt, 
 damages, or the fum or value fo appealed for> do 
 exceed the fum of 500/. llerling, except where 
 the matter in queftion relates to the taking or de- 
 manding any duty payable to the King, or to ai^ 
 fee of office, or an annual rent, &c. as above 
 mentioned. 
 
 5. That fuch Appeal to his Majefty in his 
 Privy Council be made within fourteen days after 
 judgment or fentence is pronounced by the Go- 
 vernor in Council, or after a decree is pronounced 
 by the Governor in the Court of Chancery j and 
 that the Appellant or Plaintiff in Error do give 
 good fecurity, that he will effedually profecutc 
 his Appeal or Writ of Error, and anfwer the 
 condemnation money; and alio pay fuch cofts 
 and damages as Ihall be awarded by his Majefty, 
 in cafe the fentence or judgment of the Governor 
 and Council, or the decree of the Court of Chan- 
 cery be affirmed. 
 
 In the Weft India Iflands, provifion is ufually 
 made by 4<^ of Affembly, for diredling the mode 
 of afcertaining the value of the matter in difputc, 
 and alfo in what time the Writ of Error Ihall be 
 returnable, when a tranfcript of the record fhall 
 be made out, and when errors fliall be afligned, 
 and fuch other incidental matters in the courfe of 
 
 r 
 
 the proceeding, about which his Majefty's in- 
 ftrudions are filent ; but on the Continent, thefe 
 things are ufually provided for by Rule of Court, 
 which being under the power of the Governor 
 
 Q^ and 
 
 m ^ 
 
 i 
 
 m 
 
 1 , 
 
 U 
 
 
WW 
 
 
 Vi 
 
 I 
 
 I 
 
 i 
 
 m 
 
 aa6 Cenftitutidn of the British Coloities 
 
 snd Council, are amended from time to time; 
 y^hereas in the We(l India Iflands, fometimes ill 
 judged A6ls of AflemMy are made for regulating 
 the proceedings of the Courts of Juftice, which 
 take away from the Judges the power of amend- 
 ing the practice of the Courts ; and it is not al- 
 ways an cafy matter to prevail on the Aflcmbly 
 to amend one of their inconvenient laws. 
 
 On an Appeal from the judgment of the Go- 
 vernor and Council, or from the decree of the 
 Court of Chancery to the King in Council, the 
 proceedings mud be copied fair> on large paper 
 (for parchment is not ufed in the Colonies) by 
 the Officer, who has the cuftody of the records j 
 who, in fome Colonies, is the Secretary of the 
 Jfland or Province j in others,- the Clerk of the 
 Crown and tleas;, and, in others, the Protho- 
 notafy. When the proceedings are thus copied 
 fair, the Officer, who has the cuftody of thcm> 
 muft make an affidavit that they afe true copies, 
 aad have been compared with the original re- 
 cords. The proceedings and affidavit are then 
 annexed together, the Governor or Commander 
 in Chief puta the Great Seal to them, and they 
 are then tranfmitted to Great Britain. 
 
 On an Appeal to the King in Council, from 
 the Plantations, the proceedings muft: be tranf- 
 mitted, and the party appealing mtrfl proceed 
 within a year after the Appeal allowed in the 
 Plantations, a Lord Raymond 1447.— But ^ 
 caufe cannot be tranfmitted for difficulty, bat 
 muft be determined one way or other. Id. 1448. 
 
 I fhall here give the form of an Appeal,, in tihe 
 nature of a Writ of Error in a Colony, where the 
 liberty of Appeal was entirely regulated by the 
 King's inftrudions j and as this was the firft in- 
 ftance of an Appeal in that Colony>. there was n6 
 
 % Aft 
 
ifi North America, feci ^^j 
 
 A61 of Aflcmbly, nor Rule of Court refpcdting 
 Appeals, great care was therefore taken to con* 
 duA the proceedings in every rcfpedti as near as 
 pofTible to the King's inflrudions. 
 
 •An Appeal (in the nature of a Writ of Error) 
 to the Governor and Council^ from a Judgment 
 given in the General Court* 
 
 Georgia. 
 
 GEORGE the Third, by the Grace of God, 
 of Great Britain^ France, and Ireland King, 
 Defender of the Faith, and fo forth. To our 
 truftv and well beloved A. B. Barriftef at Law, 
 our Chief Juftice of our Province of Georgia, 
 greeting : Whereas by our fifty-fecond inftruc- 
 lion, to our Governor and Commander in Chief 
 of our faid Province or Colony of Georgia, wc 
 have thought fit to authorife him, or the Com- 
 mander in Chief of our faid Province for the time 
 being, to permit and allow Appeals from any of 
 the Courts of Common Law, in our faid Colony i 
 and to iflue a Writ for that purpofe, returnable 
 before him, and the Council of our faid Colony : 
 provided^ that in all fuch Appeals^ the value ex- 
 ceeds the fum of three hundred pounds flerling* 
 And that fecurity be firft duly given by the Ap- 
 pellant, to anfwer fuch charges as fhall be 
 awarded, in cafe the firfl- fencence be affirmed, as 
 in the faid recited inftruflion is more fully con- 
 tained. And whereas G, W. of our faid Pro- 
 vince of Georgia, Efquire, hath, by his Petition, 
 alleged, that in the record and procefs, and allii 
 in the giving of judgment of the Plaint, which 
 was in our General Court of our faid Province of 
 Georgia, before you the faid A* B. our Chief 
 Jufticc of ouf faid Province of Georgia, and your 
 
 Q^a Fellows, 
 
 i'i 
 
 (! 
 
 .)\ 
 
 iLl 
 
11 1' 
 
 
 III''' 'I' 
 
 nm 
 
 ! 
 
 ■'>ilv 
 
 
 ^>,« 
 
 *.i 
 
 228 Confiitution of the British CotONi£a 
 
 Fellows, our Jiiftices of our faid General Court, 
 by our Writ, between R. K. (on the demife of 
 G. D.) and the aforcfaid G. W. Efq; of a certain 
 trefpafs and ejeftment of farm, manifeft crfor 
 hath intervened, to the great damage of him the 
 faid G. W. as we from his complaint are in- 
 formed. And whereas by the affidavit of the 
 faid G. W. made before you, our faid Chief Juf- 
 tice, it is alleged, that the premifes, mentioned 
 in the declaration filed in the adion aforefaid, 
 with the improvements, are worth five hundred 
 pounds lawful money of our faid Province. We 
 therefore being willing, that the error, if any 
 there be, (hould be corrected in due manner, and 
 that full and fpeedy juftice (hould be done to the 
 parties in this behalf, do command you, that, if 
 judgment thereof be given, then (on the faid 
 G. W*s giving before you fuch fecurity, as by our 
 faid in part recited inftru^ion is direded) the 
 record and procefs of the Plaint aforefaid, with 
 all things concerning them; to his Excellency 
 our trufty and well beloved Sir J. W, Baronet, 
 our Captain General and Governor in Chief in 
 and over our faid Province of Georgia, and 
 Chancellor, Vice Admiral, and Ordinary of the 
 fame ; and the Honourable Council of our faid 
 Province, under your feal (to wit) on the 
 day of next enfuing, diftindly and openly 
 
 you fend, and this writ j that the record and pro- 
 cefs aforefaid being infpe^led, our faid Governor, 
 with the affent of our faid Council, may further 
 caufe to be done therein for correding that error, 
 what of right, and according to the law and cuf- 
 tom of England, in force in our faid Province of 
 Georgia, ought to be done. Witncfs our faid 
 Governor in Chief of our faid Province, in 
 I Council 
 
in North Ambrtca^ &c. 229 
 
 Council, at Savannah, the day of February* 
 
 in the fifteenth year of our reign. 
 
 By his Excellency's Connniand, 
 
 A. W. Clerk of the Council. 
 
 This Writ was figned by the Governor, and 
 under the Great Seal of the Province. 
 
 I fhall alfo give the reader the form of a Wiit 
 of Error in the Ifland of Nevis, which is per- 
 haps the firft inftance in which a perfon, who 
 was the chief or prefiding Judge in one Court, 
 tefted and figned a writ, which connmandcd him- 
 felf, as Chief Juftice of another Court, to certify 
 the proceedings in a caufe determined before him. 
 For Jofeph Herbert, who was Prefident of the 
 Council in the Ifland of Nevis, was alfo Chief 
 Juftice of the Courts of King's Bench and Com- 
 mon Pleas there. 
 
 GEORGE the Third, by the grace 
 (of God, of Great Britain, France, and 
 Ireland King, Defender of the Faith, 
 and fo forth. To our trufty and well- 
 - beloved Jofeph Herbert, Efq-, Chief 
 Juftice of our Courts of King's Bench and Com- 
 mon Pleas, in our Ifland of Nevis, greeting : 
 Whereas in and by a certain ftatute or ordinance* 
 made and paflTcd by our Captain- General and 
 Governor in Chief, in each, and over all our 
 
 * When the Governor is prefent, the Writ of Error, or 
 Appeal, ought to be under the Great Seal of the Govern- 
 ment ; but when (as was the cafe here) the Governor is in 
 another Ifland of the Government, then, as he has the Great 
 Seal with him, the Writ of Error mult, of neceiiity, be uader 
 the Seal at Arms of the Lieutenant-Governor or |*refident that 
 iffues it. 
 
 0^2 Leeward 
 
 
 \) 
 
 I 
 
 11 
 
 M 
 
 4 
 
■1,1' 
 
 " '■''Ay 
 
 l!. '-M- 
 
 ]*1 Vi 
 
 v,1 
 
 I ll'SiJ'i," '.' "ail'' 
 
 r i 
 
 
 ,;• i« 
 
 (I30 Conftitutlon of the British Coloniei 
 
 Leeward Charibbec Iflands in America ; and alfo 
 our Council, and the Aflembly of our faid Illand 
 of Neyis, at Charlcftown in the fame ifland, in 
 the year of our Lord one thoufand feven hundrccj 
 and thirty-two, it was among other things en- 
 afted and ordained. That the Captain- General^ 
 or Governor in Chief of our Leeward Charibbee 
 Iflandsy with four or more of the Council of our 
 faid Ifland of Nevis ; and in the abfence of ihc 
 Captain General or Governor in Chief, the Lieu- 
 tenant-Governor or Prefident of the Council, with 
 the like number of the Council of the faid Ifland 
 of Nevis, (houid and might hear, try, and de- 
 termine all errors to be broughtof any judgment^ 
 to be given in the faid Courts of King's Bench 
 and Common Pleas, or which were given by the 
 Courts held by any former A<5t, for any fum, mat- 
 ter, Caufe, or Thing; ^nd ^hat in the abfence 
 of the Captain-General, or Goycrnor in Chief, the 
 Lieutenant-Governor, or in his abfence, thePre- 
 lident of the Council might fign fuch Writ of 
 Error, or other procefs thereupon, as in the faid 
 ilatute or ordinance is more fuUy contained. And 
 becaufe in the record and proceedings, as alfo in 
 the renditipn of the judgment of a plea of trefpafs 
 on the cafe which was in our Court of Common 
 Pleas, held in and for our faid Ifland q^^ Nevis, 
 before the Honourable Jofeph Herbert, Efq; and 
 others his brethren, Juftices of our Court of 
 Common Pleas aforefaid, betwc:en J. S. Efq; 
 PlaintiflF, and T. B. Efqj Defendant, there is, as 
 it is faid, a raan.ifeft error, to the great c'amage of 
 the faid Thomas, as by his complaint we have re- 
 ceived information. We therefore being willing^ 
 that the error aforefaid (if any fl;iall be) fliould, 
 according to the form of the ftatute or ordinance 
 ^/orefjiid^ bf corredcd, and full and fpecdy juf- 
 
Iff North America^ 8cc. 
 
 *3* 
 
 tice done to the parties aforefaid, in this behalf 
 command you. That if judgment thereupon be 
 given, then the records and proceedings afore- 
 faid, with all things concerning the fame, before 
 the faid Captain- General, or Governor in Chief, 
 with four or more of our faid Council, or in the 
 abfence of the faid Captain-General, or Governor 
 in Chief, before the faid Lieutcnant-General or 
 Prefident of the faid Council, with the like num- 
 ber df the faid Council, into our Court of Error 
 aforefaid, at Charleftown aforefaid, on Tuefday, 
 to wit, the fecond day of Oflober next enfuing, 
 you caufe to be brought, that the faid Captain- 
 General, or Governor in Chief, with four or more 
 of our faid Council, and in the abfence of the faid 
 Captains-General, or Governor in Chief, the faid 
 Lieutenant-Governor or Prefident of the faid Coun- 
 cil) with the like number of our faid Council, the 
 records and proceedings aforefaid having feen and 
 examined, may further caufe to be done therein, 
 what of right, and according to the form of the 
 ilatute and ordinance aforefaid fhall be to be done. 
 Witnefs the Honourable Jofeph Herbert, Efqj 
 Prefident of our faid Council at Charledown 
 aforefaid, this third day of July, in the year of 
 our Lord one thoufand feven hundred ^nd fixty- 
 four, and in the fgurth year of our reign. 
 
 JOSEPH HERBERT, 
 
 For the refult of a Writ of Error in a profccution 
 for a Mifdemeanor, fee Title, Courts of Criminal 
 Jurifdidion, hereafter. 
 
 6. The Governor is ufually named firft in the 
 ftanding Commiflion iflued iindcr the* ii & 12 
 
 Wil, 
 
 * On a reference to the Attorney and Solicitor-General of 
 England, in the cafe of a man who was conyifted in the Pro- 
 
 Q^^ vinpc 
 
 
i; 
 
 f<. 
 
 III 
 
 \ 
 
 ;<tM 
 
 ui' 
 
 r 
 
 232 Conjiitution of tke British Colonies 
 
 Wil. III. c. 7. for the more cfFcclual fuoprcfllon 
 of Piracy j and if he chufes to fit, he is then Pre- 
 Iident of the Court : if he does not fit, the fcnior 
 Member of the Council then prefent prefides. 
 
 Mr. Dudley, Governor of the Maffachufett's 
 Bay in New England, fat as Prefident at the trial 
 of Quclch and others at Boflon, who were tried 
 under the above-mentioned A6t, 8 vol. State 
 Trials, fol. 205. 
 
 This Aft of the 11 & 12 Wil. III. is made 
 perpetual by the 6 Geo. I. c. 19. f. 3. and is en- 
 forced by the 8 Geo. I. c. 24. which laft mention- 
 ed ad is made perpetual by 2 Geo. II. c. 28. f. 7. 
 The proceedings under the ftatute of 11 & 12 
 "Wil. III. are by the 4th fedion of that Adtdired- 
 ed to be, according ',.0 the Civil Law, and the 
 methods and Rules of the Admiralty. This Aft 
 became neceffary, on account of fuch Britifh 
 fettlements in different parts, as had no regular 
 Courts of Juftice eftablilhed, and were not po- 
 pulous enough to furnirn juries j fuch as the forts 
 on the coaft of Guinea, and elfewhere ; but by the 
 4 Geo. L c. II. incitled, " An A6tfor the further 
 *« preventing Robbery, &c." and for declaring the 
 law upon fome points relating to pirates. In the 
 7th fedion, it is declared, That all perfons who 
 111 all commit any offence or offences, for which 
 they ought to be adjudged pirates, felons, 
 or robbers by the faid A61 of 11 & .2 Wil. III. 
 E. 7. may be tried and judged for every fuch of- 
 ftnce, in fuch manner as is direded by the 28 Hen. 
 VIlI, c. 15. and fhall be excluded from Clergy i 
 
 yinoB of ^outh jQarplina, in a Court held by virtue of a Com- 
 miiTion iflbed under this AiSl, they reported as their opinion, 
 That murder on the high feas was not triable under the 
 ji & 12 of Wil. III. c. 7. which fpeaks of piracies, feloniesi 
 9Qd robberies, biit doe$ not mention murder. 
 
 and 
 
/» North America, &c. 233 
 
 and by the oth feiftion of 4 Geo. I. c. 1 1. that A6t 
 is extended to America ; fo that at prefcnt a 
 pirate in the Britilh Colonies in America may be 
 tried either under the 1 1 & 12 Wil. III. c. 7. ac- 
 cording to the courfc of the Civil Law, or under 
 the 28 Hen. VIII. c. 15. according the courfe of 
 the Common Lawj but the 28 Hen. VIII. c. 15. 
 was not extended to the Britifh fcttk ments in Afia 
 and Africa; becaufe in many of them there were 
 no regular Courts of Jufticeellabliflied, nor juries 
 to be had. 
 
 I was prefent at two trials in America under the 
 II & 12 Wil. III. c. 7. One of thole trials was 
 in a Weft India ifland, and the ^theron the Con- 
 tinent. In the firft cafe, the prifoners cfcaped, 
 becaufe they were tried according to the courfe of 
 the Civil Law, and there was but one witnefs 
 againft them 5 and the Solicitor- General was not 
 aware of the 4 Geo. I. c. n. which impowcted 
 him to try them in the manner directed by the 
 28 Hen. VIII. c. 15. 
 
 7. The Governor is alfo Vice- Admiral within 
 his province ; and in time of war he ilTues his 
 warrant to the Judge of the Court of Vice- 
 i^dmiralty to grant commiflions to privateers : 
 but the Governor docs not fit in the Court of Vice- 
 Admiralty himfelf, there being ufually a Judge 
 of the Court of Vice- Admiralty appointed from 
 England. See more on this head under the title. 
 Court of Vice- Admiralty hereafter. 
 
 By n & 12 Wil. III. c. 12. all crimes and of- 
 fences committed by any Governor, Lieutenant- 
 Governor, Deputy-Governor, or Commander in 
 Chiet of any plantation or colony within his Ma- 
 jefty's Dominions beyond the fcas, contrary to 
 the laws of this realm, or in force within their re- 
 fpedive governments, fhall be heard and deter- 
 mined 
 
 ■^ 
 
234 Cetffiituthn off he British Colon i es 
 
 mined in the King's Bench in England, or befure 
 fuch Commi/Tioners, and in fuch county of this 
 realnri, as fhall be afligned by his Majcfty's com- 
 miflloni and by good and lawful men of the fame 
 county, and that fuch punilhinents fhall be in- 
 HiAed on fuch offenders as are ufually infli(fle(i 
 for offences of the like nature committed here in 
 England. 
 
 W 1 ■: S" 
 
 Hi' 1 111.. 
 
 !,-:^i # 
 
 tf:'^'li^i' 
 
 ■ 1 .t 
 
 m':^i. 
 
 J ir* ; ll'', 
 
 .";! 
 
 CHAP. V. 
 
 Cf the Lieutenant-General and Lteutenant-Qovermr, 
 
 Lieutenant- General. 
 
 IN Governments confifting of feveral iflands, 
 there is a Lieutenant- General, who is next in 
 fuCceflion to the Captain-General and Governor 
 in Chief, and in cafe of his death or abfence, the 
 Lieutenant-General takes the command : he is 
 ufually alfo Lieutenant-Governor of one of the 
 Iflands in the Government ; but Mr. Lofack, the 
 prefent Lieutenant- General of the Leeward Cha- 
 ribbee Idands, is not Lieutenant-Governor of 
 either of them, as they were all filled before hi? 
 appointment. A Governor, on his departure 
 from the colony which he commands, delivers his 
 commiffion and inftruflions to the Lieutenant- 
 General, or other pcrfon next in command, who 
 is then on the fpot. 
 
 Lieutenant-Governor. 
 
 By virtue of his Majefly's commiffion and in- 
 (lru6tions to the Captain- General and Governor 
 in Chief, the Lieutenant-Governor (in cafe of the 
 
 death 
 
in North America, &c. 
 
 ^35 
 
 (icath or abfcncc of the Governor out of the pro* 
 Tince) is invcflcd wich all the powers and autho* 
 ritics granted by fuch commiflion ; to be executed 
 d enjoyed by the Lieutenant-Governor during 
 
 an 
 
 his Majtlly's pleafure, or until the arrival of thq 
 (iovcrnor in Cl^ief in the province, 
 
 Ferm of a CommiJ/ion of a lAsutenant-GvtJtrmtn 
 
 George R. 
 
 e GEORGE the Third, by the Graco 
 of God, King of Great Britain, France, 
 and Ireland, Defender of the Faith, 
 &c. To our trufty and well-beloved 
 A. B. Efqj greeting: We repoHng 
 efpecial truft and confidence in your loyalty, 
 courage, ^pd prudence, do, by thefe prefcnts, 
 condicute and appoint you to be our Lieutenant- 
 Governor of our Province of C — in America; to 
 have, hold, exercife, and enjoy the faid place and 
 otHce during our pleafure, with all rights, privi* 
 leges, profits, perquiOtes, and advantages to the 
 fame belonging or appertaining ; and further, in 
 cafe of the death or abfence of our Captain-Gene^ 
 ral and Governor in Chief in and over our laid 
 provmce of C — , now and for the time being : 
 we do hereby authorife and empower you to exe- 
 cute and perform all and fingular the powers and 
 authorities contained in our commilTion to our 
 faid Captain-General and Governor in Chief, ac- 
 cording to fuch inftrudtipns as are already fent, or 
 hereafter fhall from time to time be fent unto 
 him, or as you fhall receive from ils, and from 
 our faid Captain-General and Goyernor in Chief 
 of our faid province of C — , now and for the 
 time being i and all and fingular our officers, 
 
 Minifters, 
 
 
w 
 
 'liiti r * 
 i iillr 
 
 1 •• '" 3lfflltl:vT,P»!^' ' 
 
 
 ■SB f'.' ' m ' i i',-^ i,i 
 
 
 
 
 236 Conjiiiutian of the British Colonies 
 
 minifters, and loving fubjeds of our faid pro, 
 vincc, and all others whom it nmay concern, arc 
 hereby connmanded to take due notice hereof, and 
 to give a ready obedience accordingly. Given at 
 our Court at St. James's, the firftday of January, 
 one thoufand feven hundred and eighty- three, in 
 the twenty-third year of our reign. 
 
 By his Majcfty's Command, 
 
 D.E. 
 A. B. Efqj liieut. Governor of C — , 
 
 A Lieutenant-Governor who takes the com- 
 mand of a Colony on the death or abfence of the 
 Governor in Chief, muft take the fame oaths, and 
 fubfcribe the teft in the fame manner that a Go- 
 vernor in Chief dpes on his entrance on his Go- 
 vernment, viz. He muft take the oaths to Go- 
 vernment, and make and fubfcribe the declara- 
 tion againft tranfubftantiation : he muft then take 
 the oath ufually taken by the Governors in the 
 Plantations, for the due execution of the office of 
 Lieutenant-Governor and Commander in Chief 
 for the time being of that Province, the com- 
 mand of which has devolved on him j and for 
 the due and impartial adminiftration of juftice 
 there j and, in the laft place, he muft taicc the 
 oath (required to be taken by Governors of the 
 Plantations) to do his utmoft, that the feveral 
 laws relating to Trade and the Plantations be 
 duly obferved j which oaths and declaration, the 
 Council of the Province, or any three of the 
 Members thereof, are empowered to adminiftert 
 
 CHAP. 
 
 , V, 
 
in North America, Scd 
 
 ^37 
 
 CHAP. VI. 
 
 Of the Council* 
 
 THERE are in every Colony twelve Ordi- 
 nary Members of the Council, who are ap- 
 pointed either by being nanned in the Governor's 
 Inllrudlions, or elfe by Mandanrius. 
 
 In the Colonic^ on the Continent, before the 
 Civil War, there were two extraordinary Members 
 of the Council, viz. his Majefty's Superintendant 
 for Indian affairs, and the Surveyor- General of th.e 
 Cuftoms : but notwithftanding the Governor in 
 Chief, and Lieutenant-Governor, fhould be both 
 dead, or abfent from the Province, yet neither of 
 thofe two extraordinary Members of the Council 
 could adminifter government, though next in fe- 
 niority, but the command devolved on the Ordi- 
 nary Member of the Council next in feniority to 
 fuch Superintendant or Surveyor-General. When 
 a Governor in Chief is appointed to a Colony, the 
 names of all fuch Members of the Council as are 
 continued, and the names of all fuch as are newly 
 appointed, are inferted in the Governor's Inftruc- 
 tions ; and under this authority they are fworn in 
 on the Governor's arrival in the Province ; but as 
 fall as vacancies happen during the Governor's 
 continuance in office, fuch vacancies are filled up 
 by the Crown by Mandamus : of which the fol- 
 lowing is a copy. 
 
 G. R. 
 
 Trusty and well-beloved, we greet you well. 
 We being well fatisfied with the loyalty, integrity, 
 and ability of our trufty and well- beloved A. B. 
 
 Efq; 
 
 'li 
 
 III 
 
 '>» 
 
 It 
 
 'r 
 
 I 
 
 i* 
 
 
 If 
 
 mm 
 
 f 
 
 I 
 
 u 
 
 1.1 
 
 ll 
 
 
 1 (-• 
 
 '^! J I 
 
im 
 
 i • 
 
 iiS 
 
 «':^ 
 
 dj8 tonfittuiioH of the Saii'isk CcJLbNiES 
 
 £fq; have thought fit hereby to fignify to you^ 
 our will and pleafure, That forthwith, upon re- 
 ceiptor thefe prefchtSj you fwe^r arid adrhit him 
 the faid A. B. to be our of Council in our Province 
 of C — } and for fo doing, this Ihall be vour war- 
 rant i and fo we bid you farewel. Given at our 
 Court at St. James's, the fifth day of March, 
 1771, in the eleventh year of our reign; 
 
 By his Majefty'a Command, 
 
 HILLSBOROUGH. 
 
 A. B. Efq. to be of the Council of C — • 
 
 This is folded bp like a letter; and on the 
 margin oi the outfide is thus wricteni 
 
 «» A. B. Efq. to be 
 •' of the Council of 
 
 And is dircfted thus 5 
 
 <« To our trufty and wcll-belovcd D. E* Efq) 
 ** our Captain- General and Governor in Chief 
 *' in and over our Province of C — in America) 
 *« and in his abfcncc to the Prefident of our Conn- 
 *' cil, or Commander in Chief of our faid Pro- 
 " vincefor the time being*'* 
 
 The Signet was on the out* 
 [Signet^) fide, after the Maridamus was 
 folded up. 
 
 Every Councillor muft take the oaths of alle- 
 giance, fupremacy, and abjuration, andfubfcribe 
 the teft ; after which he muft take the following 
 oath of office : 
 
 You do fvvear, that you faith arid true allegiance 
 bear unto his Mod Sacred Majefiv King George 
 
 the 
 
iH North America^ kt* 
 
 ^jj 
 
 tjiefhird, and to his heirs and fucceiTors^ and 
 Ihall be true and faithful to his Excellency J. R. 
 gfqj as he is commiflionated Captain- General and 
 Governor in Chief in and over this his Majefty's 
 Province; and that you will, in the place and 
 office of his Majcfty's Councillor of this Province, 
 well and faithfully ferve his faid Majefty, and pro- 
 mote the good of his Majelty's affairs with your 
 bcft advice and counfcl ; — you fliall, with your 
 bed ability, defend this Province from all foreign 
 invafions and intedine infurredions f — you fhall 
 not countenance or conceal any pk t or feditious 
 confpiracy, or any treafonable or feditious fpeeches 
 againft his faid Majefcy, his heirs or fuccelTors, or 
 his faid Excellency, but you fhall give fpeedy 
 notice hereof unto his faid Excellency, or to fomc 
 Member of the Council :-^the fecret debates of 
 the Council you fhall not reveal dire6i:ly nor indi<« 
 re6l]y: all which you fhall, to the utmofl of 
 jourability^ perform. 
 
 So help you GOD. 
 
 The Council rn a Colony ad ia the following 
 different capacities : 
 
 t. They are to give advice to the Governor or 
 Commander in Chief for the time being, when 
 thereunto required j and they fland in the fame 
 relation to the Governor in a Colony, that the 
 Privy Council does to the King in Great Britain i 
 in fome cafes, the Governor can adt without their 
 advice and concurrence ; and there are other cafes^ 
 in which the Governor is required by his inftruc- 
 tions not to a6t, without the advice and concur- 
 rence of the Council, or the major part of them. 
 There are alfo inftances, in which a Commander 
 in Chief, for the time being, cannot ad, without 
 the advice and concurrence of the majority of the 
 
 Council ; 
 
 ^'f 
 
 •> i 
 
 fi 
 
 
 I 
 
 
 I 
 
 
I 1^ M 
 
 mi 
 
 v'iB- 'i 'ilk 
 
 
 iO, ti 
 
 
 tr i'l 
 
 Willi jj, ,| 
 
 ': :-| ilia y 
 
 'h' 
 
 
 'iiW"' y% 
 
 4i 
 
 UmM 
 
 6| 
 
 i3 
 
 
 
 ft40 Conjiitution of the British Colonies 
 
 Council J although a Governor in Chief could, 
 in fuch cafesy proceed without their advice. This 
 depends on his Majefty's inftruftions, which every 
 Governor and Commander in Chief (hould care- 
 fully attend to. When I was in the Weft In- 
 dies, a Governor took the advantage of this 
 power vefted in him, to fufpend, a Member of 
 the Council, for marrying his daughter without 
 his confent. But this Adl was difapproved of 
 at home, and the fufpended Member was re- 
 llored by an order from home, as I afterwards 
 heard. 
 
 a. The Council is one branch of the legifla- 
 turc, and in the Colonies on the Continent before 
 the Civil War, when the Members of the Council 
 fat in their legiflative capacity, they were then 
 called^ The Upper Houfe of Aflembly in theit 
 minutes j but in the A6ts of Aflembly, they were 
 called, The Council, in the fame manner as in 
 the Weft India Colonies. But for more under 
 this head, fee title General Aflembly, hereafter. 
 
 3. The Council fit as Judges in the Court of 
 Errors or Court of Appeal, as herein before is 
 mentioned. 
 
 4. In fome Colonics, the Council fit as Judges 
 with the Governor in the Court of Chancery, as 
 I have herein before obferved. 
 
 5. The Council are named, in every Commif- 
 fion of the Peace, as Juftices of the Peace 
 throughout the whole Colony ; whereas, in the 
 Provinces on the Continent, which arc divided 
 into particular diflridls, all the Juftices of the 
 Peace (except the Council, the Judges of the Su- 
 perior Courts, and a few more) were, before the 
 Civil War, appointed for particular diftrids 
 only. 
 
 Every 
 
in North America, 5cc. 241 
 
 Every Member of the Council is appointed du- 
 ring his Majcfty's pleafure only ; and, with the 
 confent of the Council, may be fufpended by the 
 Governor or Commander in Chief for mifbcha- 
 viour. 
 
 CHAP. VII. 
 
 Of tht General Assembly. 
 
 THE General Aflembly confifts of the Cap- 
 tain General and Governor in Chief (or in 
 cafe of his death or abfence, of the Commander 
 in Chief for the lime being), the twelve Members 
 of the Council, and the Houfe of Reprefentatives 
 chofen by the people, which Reprefentatives are 
 more or fewer, according to the extent of the 
 Colony. 
 
 In the Provinces on the Continent, the num- 
 ber of. Reprefentatives increafed, as the bound- 
 aries were extended by ceflions of land by the 
 Indians. The Reprefentatives are (lyled differ- 
 ently in different Colonies. In all the Wefl India 
 Iflands, they are called The AflTembly j in Vir- 
 ginia, before the Civil War, they were (lyled. 
 The Houfe of BurgefTes; in the Maffachufett's 
 Bay, The Houfe of Reprefentatives ; and in 
 molt of the other Colonies on the Continent, 
 The Commons Houfe of AfTembly. 
 
 The Governor, Council, and AfTembly, in 
 every Colony, is a fubordinate Legiflature, fub- 
 jed to the controul of the King and Parliament, 
 who are fupreme over all the Britifh Empire. 
 The Governor (or in cafe of his death or abfence, 
 the Commander in Chief for the time being) as 
 the King's Reprefentative, is the firfl branch of 
 t\m fubordinate Legiflature, and hath the fole 
 
 R power 
 
1 
 
 ill' 
 
 p' 
 
 1 p 
 
 5242 Coftftitution of the British Colonie» 
 
 power of convening, adjourning, proroguing, and 
 diflblving the General Aflembly. Every Go- 
 vernor is forbid to fuffer the Affereibly to adjourn 
 itfeir. In the Provinces on the Continent, where 
 many of the Members lived at a diftance from 
 the town, it was ufual for the Comi ions Houle 
 of Affembly not to do bufinefs on a Saturday, 
 but to go home on the Friday evening, and re- 
 return to town on the Monday morning follow- 
 ing. However, the Governor could not, con- 
 lillent with his duty, permit the Commons Houfc 
 of Afifembly to enter on their Journals an ad- 
 journment from Friday tiU Monday; but the 
 Clerk of the Commons Houfe of Aflembly made 
 an entry on the Journals every Saturday, in the 
 manner following : 
 
 Saturday, December i6ch, 1769. 
 
 '' The Houfe met according to adjournment, 
 " and then adjourned 'till Monday morning, tea 
 " of the clock." 
 
 And whenever the two Houfes of Aflembly 
 were adjourned for theChriftmas Holidays, or on 
 any other occafion, it was always, done by the 
 Governor, in the manner following : 
 
 " Mr. Speaker, and Gentlemen of the Af- 
 •^ fembly, I do hereby adjourn the Commons 
 *' Houfe of Aflembly, until Monday the eighth 
 ** day of January next, then to meet for the dif- 
 *' patch of bufinefs 5 and it is accordingly ad- 
 ** journed to the 8th day of January next. Given 
 
 under my hand, at this 20th day of 
 
 December 1769. 
 
 A. B. 
 *' To the Honourable the Speaker 
 
 *' and Members of the Com- 
 mons Houfe of Aflembly/* 
 
 cc 
 
 cc 
 
 (C 
 
 The 
 
in North America, &c. 
 
 245 
 
 The late difpofitlon, the Colonies have fhewn> 
 makes it appear how necelTary it was that the 
 power of adjournment (hould be lodged in the 
 Governor only, and not entrufled with the Houfes 
 of AiTembly. 
 
 The Council, or (as it is called) Upper Houfe 
 of Aflembly, is an humble imitation of the Houfe 
 of Lords. 
 
 The Aflembly, or (as it is called in mod of 
 the Colonies on the Continent) Commons Houfe 
 of Aflembly, reprefents the people at large, and 
 are chofen by them. The qualifications of the 
 Electors, and the elefted, are difi^erent in altnoft 
 every Colony, and fo is the continuance of the 
 Houfe of Reprefentatives j for in fome Colonies, 
 they continued during the Governor's pleafure ; 
 in other Colonies, they were eleded annually; and 
 fcveral of the Governors formerly aflfented to A6ts 
 of Aflembly, extending the dcmocratical part of 
 the Conftitution of fome Colonies beyond that of 
 Great Britain, particularly in the Iflands of St. 
 Chriftopher and Barbadoes, and in the Province 
 of South Carolina, where, by Afl of Aflembly, 
 the ele(5lion of Reprefentatives was annual. 
 
 Some Governors in former reigns did alfo af- 
 fent to A6ls, giving the Houfes of Reprefenta- 
 tives a power of appointing to executive offices, 
 hj enabling them to conftitute the public Trea- 
 furer, &c. in derogation of the undoubted pre- 
 rogatives of the Crown, as the Reader may ob- 
 ferve, by confulting the Ads of AflTembly of the 
 different Colonies. 
 
 The proceedings of the Houfes of AflTembly in. 
 the Colonies are conducted, and their Journals 
 kept, in a manner much conformed to thofe of the 
 two Houfes of Parliament. 
 
 It will therefore be needlefs to enumerate par- 
 ticulars, as the Journals of the Houfes of Pariia- 
 
 R 2 menc 
 
 m' I 
 

 'c-vm 
 
 ■1 « '^ 
 
 ¥ii 
 
 in 
 
 .. ill. 
 
 244 Conjiilution of (be British Colonies 
 
 ment arc the precedents by which the Lcgiflatures 
 in the Colonies conduct themfelves. I (hall only 
 take notice of fome things which are peculiar to 
 the Colonies ; and in the firft place> it will be ne- 
 ceflary to obfcrve, that the enacting part of the 
 A£bs of Affenibly differs in different Colonics, as 
 will appear by the following extracts : 
 
 TJbe ena^ing part of an ASi of JJfembly in the IJlam 
 
 of Jamaica, 
 
 »* Whereas fome inconveniencies have already 
 *' happened, through the negligence and milbe- 
 " haviour of fome officers in the refpedtive offices 
 ** of record of this Ifland : for the prevention of 
 ** fuch inconveniencies for the future, and the 
 *' rafing, embezzling, or deftroying of any the 
 *' records or enrollments within this Ifland^ we 
 *« your Majefty's moft dutiful and loyal fubjc(fls, 
 ** the Council and Affcmbly of thi« your Ma- 
 *< jefty's Ifland, do befeech your Majefty that it 
 ** may be enacted j be it therefore enafted by the 
 *' Governor, Council, and Affembly of this your 
 « Majefty's Ifland of Jamaica, and it is hereby 
 " ena£bed and ordained by the authority of the 
 ** fame. That if any pcrfon whatfoever fliall make, 
 *« or caufe to be made, any rafure, &c.'* 
 
 7ife Enabling Part of an A^ of AJenibly in th JJhnd 
 
 of Barbadoes, 
 
 ** Whereas the feveral fortifications of this 
 " Ifland are at this time very much gone to decay, 
 *« and it being abfoltitely neceffary for the honour 
 "of the government, as well as the fafety of this 
 " place, that the faid fortifications ihouldbe well 
 *< and Sufficiently repaired, and at all times for 
 
 "the 
 
in North America^ &c. 
 
 H5 
 
 re 
 
 M 
 
 «( 
 
 CC 
 « 
 
 (C 
 
 (( 
 (( 
 (( 
 <c 
 
 (C 
 
 the future kept and prcfcrved in i good pofture 
 of defence ; be it enaded by his Excellency 
 Robert Lowther, Efq; Captain General and 
 Governor in Chief of this and other the Cha- 
 rlbbee Iflands, lying and being to windward of 
 Guadaloupe, the Honourable the Members of 
 his Majefty's Council, and the General Af- 
 fembly of this Idand, and by the authority of 
 the famcj That every perfon in this liland, be- 
 ing feifed or poiTefTed of ten or n^ore acres, 
 6:c." 
 
 fbe Enabling Part of an A51 of AJfemhly^ in the 
 IJland of St, Chrippber. 
 
 « Whereas the navigation of this Ifland la- 
 bours under great difficulties and difappoint- 
 ments by reafon of the diforderly behaviour of 
 the failors and feamen, occafioned chiefly by the 
 entertainment and credit they meet with in the 
 Funch-houfes of this Ifland -, and alfo by Tailors 
 leaving the vefTels they have been entered in, 
 before they have performed the voyage they 
 have been entered for, to which they are en- 
 couraged l^y their being fhipped at higher 
 wages by the maflers of other vefTcls. 
 " And whereas the laws already made, have 
 proved ineffectual for the prevention of the 
 mifchiefs aforefaid, we yoqr Majefly's moft du- 
 tiful and loyal fubjeds, the Governor in Chief 
 in and over all your Majefly's Leeward Cha- 
 ribbee Iflands in America, and the Council and 
 AfTembly of your Majefly's IQand of St. Chri- 
 flophcr, humbly pray your moft facrcd Ma- 
 jefty, that it may be enafted : 
 " 2. And be it, and it is hereby enadled by the 
 King's moft excellent Majefty, by and with the 
 
 R 3 " advice 
 
 C( 
 
 C( 
 (C 
 
 (( 
 
 <( 
 
 (( 
 
 K 
 « 
 
 CC 
 C( 
 CC 
 U 
 CC 
 
 tc 
 
 CC 
 
■' :i 
 
 246 Covftituitcn of the British Colonies 
 
 •* advice and confent of the faid Governor in 
 •* Chief, and the Council and Aflcmbly of the 
 " laid Ifland of St. Chriftopher, That all tailors 
 *' and feamcn, &c.*' 
 
 The enabling part of the Ac^s of Aflembly in 
 the other parts of the Leeward Charibbee Iflands, 
 is fimilar to that in the Ifland of. St. Chriftopher 
 above fet forth. Formerly there was but one 
 General Aflcmbly for all the Leeward Charibbee 
 Iflands J but now there is a feparate legiflaturc for 
 each of the Iflands of Saint Chrifliophcr, Nevis, 
 Montfcrrat and Antigua. 
 
 ^be Ena£ling Part of an A51 of jl£emhly, of tk 
 Bermuda or Summer Iflands. 
 
 " Whereas there hath been no current value as 
 yet fet upon gold, which many times caufeth 
 difputes and difi^erences in palling the famej 
 and for prevention whereof for the future, we 
 therefore your Majefty*s mofl: dutiful and loyal 
 fubjeds, the AflTembly of thefe your Majcfty's 
 Bermuda or Summer Iflands in America, do 
 mofl: humbly belecch your Majefty, that it may 
 be cnafted j and be it enadted by your Majefty's 
 Lieutenant Governor, Council, and AflTembly, 
 and it is hereby enaifled and ordained by the 
 authority of the fame, That from and after 
 publication hereof, alf piftoles of gold, &c.** 
 
 ^he Enacting Part of an ASl of Jffembly in Virgiifia 
 before the Civil War. 
 
 « Whereas it hath been found by experience, 
 
 <*■ that one AA of Allembly made in the feventh 
 
 <f year of the reign of our late fovereign Lord 
 
 << ICing George the Firft, intituled. An h.&. for 
 
 J ^'th(3 
 
 cc 
 <c 
 cc 
 
 iC 
 
 cc 
 ti 
 cc 
 cc 
 cc 
 <c 
 <t 
 cc 
 
/» North America, &c. 
 
 247 
 
 ent value as 
 
 
 les caufcth 
 
 
 the fame J 
 
 « 
 
 future, we 
 
 « 
 
 1 and loyal 
 
 (( 
 
 Majcfty's 
 
 <( 
 
 ncrica, do 
 
 (C 
 
 that it may 
 
 (( 
 
 r Majefty's 
 
 (( 
 
 Aflembly, 
 
 (( 
 
 ed by the 
 
 « 
 
 and after 
 
 <r 
 
 J, &c/' 
 
 <( 
 
 f» Virgiifk 
 
 ({ 
 (( 
 
 Kperience, 
 
 c: 
 
 e feventh 
 
 cc 
 
 ign Lord 
 
 (C 
 
 .n A&. for 
 
 it 
 
 ^'thQ 
 
 
 "the fupply of certain defedls found in an Adi 
 <f prefcribing the method for appointing Sheriffs, 
 « is very ufcful and ncceffary i and it is fince de- 
 « termincd and expired. 
 
 2. ** Be ic therefore enaftcd, by the Lieutenant 
 "Governor, Council, and Burgefles, of this pre- 
 « fent General AflTembly j and it is h<?reby ena(5ted 
 « by the authority of the fame. That the faid Ad", 
 " made in the faid feventh year of the reign of 
 "our faid late Lord the King, and every the 
 "claufes, articles, and fcntenccs therein con- 
 " tained, fliall and be, and are hereby revived 
 " and made perpetual." 
 
 ^be Ena5fing part of an A51 of Affemhly of the Tro" 
 ivicf of the Majfachufett's Bay before the Civil 
 War, 
 
 " Whereas the Hated allowance by law for 
 grand Jurors, of two (hillings per diem^ during 
 their attendance at Court, is thought too little, 
 confidering the great price of provifions and 
 other neccffarics j be it enabled by his Excel- 
 lency the Governor, Council, and Reprefenta- 
 tivcs, in General Court aflcmblcd, and by the 
 aiuthority of the fame. That the allowance of a 
 Grand Juror, during his attendance on the 
 Court, and alfo for his necefTary travel to and 
 from the fame for the future, be three (hillings 
 per diem. - 
 
 " And whereas a great part of the bufinefs of 
 the Superior Court, is often taken up in hear- 
 ing and granting petitions for the fale of land, 
 and no fee yet dated by law for the fame ; be 
 it further enadled by the authority aforefaid. 
 That the fee or allowance to the Judges of the 
 faid Court, on fuch petitions^ be two (hillings 
 
 R 4 " a-piece 
 
 i 
 
 
 * 
 
 ii 
 
 
 w '1 
 W 
 
 P'» 
 
 W 1 
 
 
 n 
 
 ( 
 
 I 
 
 ■■.it- 
 
 
 
 } 
 
 m ii 
 
■ : 
 
 
 
 »i: 
 
 
 "IS'' ' »l 1 » 
 
 111.' 
 
 A 
 
 11 
 
 1.111.. " ■ ' " 
 
 4 a 
 
 «; 
 
 « 
 
 iC 
 
 243 Conjlitution of the Britjsh Colonies 
 
 a-piccc to each Judge prefent ac the hearing of 
 fuch petition^ and no more.** 
 
 ^he ena£ling Part of an ASl of Affemhly of the Pro- 
 vince of New Torki before the Civil fVar, 
 
 " Whereas the Aft, intituled, An A61 for 
 liccnfing Hawkers and Pedlars within this Pro- 
 vince, is expired by its own liniitation, and 
 ** the fame having by experience been found to 
 •* be very beneficial j be it therefore enafted by 
 " the Governor, Council, and General Aflembly, 
 ** and by the authority of the fame, That the 
 ** faid Aft, and every article, claufe, and thing 
 " therein contained, be, and is hereby revived 
 ** and continued to remain in force for and during 
 ** the term of four years 5 excepting and referving 
 ** from the penalties of the Aft aforcfaid, Jere- 
 ** miah Smith of Queen's County, who is hereby 
 *' licenfed to trade as a petty Chapman withia 
 " Queen's County only j any thing in the before 
 " recited Aft to the contrary notwithftanding." 
 
 The enafting part of an Aft of Aflembly in the 
 Province of New Jerfey, is the fame as that ia 
 New York, mutatis mutandis, 
 
 fTbe enaSiing Part of an ASi of Affemhly in the Pr^'^ 
 vince of Georgia before the Civil War, 
 
 *^ Whereas the dangerous praftice of hunt- 
 ing by fire-light in the night-time, under the 
 pretence of killing deer, is now become very 
 common, by mean^ whereof cattle are frequent- 
 ly deftroyed, to the manifeft injury of the 
 owners of the fame; for remedy thereof, and 
 in order to prevent as much as may be the like 
 mifchiefs in future, we humbly pray his moft 
 
 " Sacred 
 
 €< 
 CC 
 
 «« 
 
tt 
 
 li 
 (( 
 tt 
 tt 
 
 (( 
 « 
 (( 
 tt 
 (( 
 
 in North AmericAj Bee. 249 
 
 Sacred Majefty that it may be enabled, and 
 be it enabled by his Excellency Sir Jannet 
 Wright, Baronet, Captain-General and Go- 
 vernor in Chief in and over his Majcfty's Pro- 
 vince of Georgia, by and with the advice and 
 confent of the Honourable Council, and the 
 Commons Houfe of Affembly of the faid Pro- 
 vince, in General Affembly met, and by the 
 authority of the fame. That from and after the 
 lirft day of June next cnfuing, &c." 
 
 I have already obferved, that after the rc-cfta- 
 blilhment of the King's Civil Government in 
 Georgia, the Council was ftykd Upper Houfc> 
 in mod of the laws that paffed. 
 
 Many of the A6ls of Affembly in the Colonies 
 are drawn in a loofe inaccurate manner, as will 
 appear by the following fpecimens : 
 
 In an Ad of Affembly in the IQand of Antigua 
 is the following recital : 
 
 " Whereas the want of crofs Streets and 
 " Lanes, to pafs from Street to Street in the fe- 
 " vcral Towns of this Ifland, and proper allot- 
 " n^^nts of Land for Market-places have been 
 ** hitherto much wanted, &fc." 
 
 In fome Afls of Affembly of the Province of 
 e- are the following recitals : 
 
 " Whereas the Light-houfe on 
 
 ■ ' Ifland is in a ruinous condition, and if not fpeedi- 
 " ly repaired muft foon decay, &c." 
 
 Is not a Building in a ruinous condition already 
 decayed ? 
 
 *' Whers* 
 
m 
 
 
 J It! 
 
 
 mm 
 
 .1 . 
 
 ■'11:' ■5|'':i 
 
 J 
 
 ^. I ) 
 
 ■\ 
 
 •i li 
 
 *'i i< 
 
 Vl 
 
 250 Conjliiution of the British Colonies 
 
 ' " Whereas Difputes and Differences fre, 
 «' quently arile and happen between Merchants, 
 *« ^c. which cannot be determined by Legal Pro- 
 « cefs, 6cc." 
 
 If fuch Difputes cannot be deternnined hy Le- 
 gal Procefsy How then are they to be determined? 
 
 It may appear trifling to the Reader to take no- 
 tice of fuch abfurdities j but it will be a founda- 
 tion for the following ufeful hints to fome of the 
 Colony Legiflatures, provided they will take no- 
 tice of them. 
 
 In the Colonies, the Planters and Mechanics 
 that get into the Houfe of Reprefentatives, fre* 
 quently think themfelves capable of adding a 
 claule to, or altering the wording of a bill brought 
 into the Houfe of AfTembly, wi'-hout rcflefting, 
 that even ftatutes drawn by the ableft Judges in 
 Weftminfter Hall, have occafioned doubts and 
 law-fuits. — I have known Bills pafled in the Com- 
 mons Houfe of Affembly, and fent to the Upper 
 Houfe for concurrence, which have been fo de- 
 fedive, both in language and fcntiment, that they 
 were incapable of any amendment otherwife than 
 by drawing up a frefh form of a Bill, calculated to 
 anfwer the fame purpofes with the Bill fent up. 
 In the Upper Houfe of Aflembly, pains were ac- 
 cordingly taken to draw up a Bill, in the language 
 of fome Acl in the Statute Book of Great Britain, 
 in a cafe of a fimilar nature j and fuch draught 
 has been fent down by way of an amendment 
 with the Bill that pafied the Commons Houfe of 
 Affembly. The Gentlemen below were not able 
 to deny the abfurdicy of their own Bill, and have 
 adopted the draught fent down in lieu of it ; but 
 they have difgraced it fo much with ill-judged 
 alterations, which they called amendments, that 
 
 thoft 
 
in North America, &c. 
 
 ^5t 
 
 thofe who were concerned in drawing it have been 
 alhamed to own it. 
 
 When an Ad of Afifembly has received the Go- 
 vernor's afient, it muft be fcnt honriC to Great Bri- 
 tain within three months, for his Majelty*s ap- 
 probation or difallowance. If it receives his Ma- 
 jefty's approbation^ the fame is fignified to the 
 Governor by an order of the King in Council, 
 which was formerly done in the following man- 
 ner: 
 
 <f At the Court at Kenfington the 31ft of De- 
 cember 1696. 
 
 PRESENT 
 
 The King's Mod Excellent Majefty in Council. 
 
 » Thomas, Lord Archbifhop " Earl of Monmo'uth 
 
 *' Lord Vifcount Durflcy 
 
 " Lord Cornwallis 
 
 ** Lord Coningfby 
 
 *' Mr. Secretary Trumbull 
 
 « Mr. Chancellor of the 
 
 " Exchequer 
 « Lord Chief Juftice Holt. 
 
 "Whereas his Majefty has been pleafed, 
 by his Royal Commiilion, bearing date the fix 
 and twentieth day of Odlober one thoufand fix 
 hundred and eighty-nine, in the firft year of his 
 reign, to authorife the Governor, Councils, and 
 " Affemblies of their Majefty's Leeward Charib- 
 " bee Iflands in America, jointly and feverally, 
 " to make, conftitute and ordain laws, llatutes, 
 " and ordinances, for the public peace, welfare, 
 and good government of the faid Iflands 5 
 which faid laws, ftatutes, and ordinances, are 
 to be, as near as conveniently may be, agree- 
 " able to the laws and ftatutes of this Kingdom, 
 '* and to be tranfmitted to his Majefty for his 
 
 « Royal 
 
 " of Canterbury 
 " Lord Keeper 
 " Lord Steward 
 " Lord Chamberlain 
 " Earl of Bridgewater 
 " Earl of Stamford 
 " Earl of Portland 
 
 « 
 
 (( 
 
 u 
 
 (( 
 
 (C 
 
 (( 
 
 (f 
 
 ;i I ■ ■ 
 
 :■ ■ 
 
 !^ 'Iffl 
 
 ^'^P; 
 f 
 
 n'-.-' 
 
 3/^; 
 
 w 
 
 i' 
 
I, 
 
 i ' 
 
 
 
 f '' 11' 
 
 452 Conjlituthn of the British Colonies 
 
 •* Royal approbation or difallowance of them; 
 «' and the Council of Trade having perufed and 
 «* and confidered certain laws, pafled in the Ge- 
 «< neral Aflembly of his Majefty's Ifland of Mont- 
 *' ferrat, in the words following : 
 
 Here the feveral A6ts of Aflembly approved of 
 by his Majefty, were recited. 
 
 ** Which faid laws having been prefented to 
 ** his Majefl:y, at this Board, his Majefty was gra. 
 " cioufly pleafed, with the advice of his Privy 
 " Council, to declare his approbation of the fame, 
 *' and, purfuant to his Royal pleafure thereupon, 
 <* the faid laws are hereby confirmed, finally enadl. 
 <f ed, and ratified accordingly. 
 
 W. BlUDGMAN." 
 
 But now the method is, not to recite the Afts 
 themfelves in the order of Council, but only the 
 titles of them i as will appear by the following 
 form : 
 
 "PRESENT 
 
 <* The King's Moft Excellent Majefty, 
 
 •* Lord Prefident " Vifcount Falmouth, 
 
 *' Duke of Queenfberrry " Vifcount Ligonier 
 
 " Earl of HolderneiTe " Lord Berkeley of Stratton 
 
 *' Earl of Cholmondeley *' Lord Grantham 
 
 " Earl of Bute " Mr. Vice Chamberlain. 
 
 <c 
 
 Whereas, by Commiflion under the 
 Great Seal of Great Britain, the Governor, 
 Council, and Aflembly of his Majefty's Pro- 
 vince of Georgia, are authorifed and impowered 
 to make, conftitute, and ordain laws, ftatutes, 
 and ordinances for the public peace, welfare, 
 " and good government of the laid Province, 
 which laws, ftatutes, and ordinances are to be, 
 
 <c 
 
 (C 
 
 (C 
 
 cc 
 
 C( 
 
 cc 
 
 
in North America, &c. 
 
 055 
 
 fi as near as conyeniently may be, agreeable to 
 « the laws and (lacutes of this kingdom), and to 
 t( be tranfmitted for his Majefty's Royal appro- 
 « bation or difallowance : and whereas, in pur- 
 « fuance of the faid powers, an Aft was paffed in 
 «» the faid Province in May 1 760, and tranfmic- 
 » ted, intituled as follows, viz. 
 
 « An Aft for (lamping, imprinting, ifluing, 
 " and making current, the fum of Seven 
 " thoufand four hundred and ten pounds 
 " Sterling, in Paper Bills of Credit, and for 
 <' applying and finking the fame. 
 
 " Which Aft, together with a reprefentation 
 « from the Lords Commiflioners for Trade and 
 " Plantations thereupon, having been referred to 
 " the confidcration of a Committee of the Lords 
 " of his Majefty's moft Honourable Privy Coun- 
 " cil for Plantation affairs, the faid Lords of the 
 " Committee did this day report, as their opinion 
 " to his Majefty, that the faid Aft was proper to 
 " be approved. Hrs Majefty taking the fame 
 " into confideration, was pleafed, with the advice 
 *^ of his Privy Council, to declare his approba- 
 " tion of the faid Aft; and, purfuant to his Ma- 
 " jefty's Royal pleafure thereupon expreffed, the 
 " faid Aft is hereby confirmed, finally enafted, 
 " and ratified accordingly ; whereof the Gover- 
 " nor or Commander in Chief of his Majefty's 
 " Province of Georgia for the time being, 
 *' and all others whom it may concern, are to 
 " take notice and govern themfelves accord- 
 " ingly. W. Sharpe," 
 
 If a Governor has the leaft doubt whether an 
 Aft of Affembly, to which he is requefted to give 
 
 his 
 
 I 'a ij 
 
 !'i: ii 
 
 n 
 
 E'lia 
 
f ■! 1 
 
 4'*: 
 
 *l . vi;.,. 
 
 254 Conftitution of the British Colonies 
 
 his affent, is conftitutional, or elfe infringes on his 
 Majefty's prerogative, in that cafe, if he does not 
 rejc(fl it, he ought at leaft to refufe his aflent, 
 until both Houfcs of Aflembly agree to add a 
 claufe to fuch Aft, fufpending the execution there- 
 of, until his Majefty's pleafure is known j which 
 fufpending claufe may be in the words follow- 
 ing: 
 
 ** And be it further enadled. That neither this 
 A(5t, nor any thing herein before contained, 
 fliall be of any force, power, or efficacy j but 
 the fame is wholly fufpended, until his Sacred 
 Majefty's approbation and allowance thereof 
 fliall be fignified to the Governor or Com- 
 mander in Chief for the time being j any thing 
 herein before contained to the contrary there- 
 of in any wife notwithftanding." 
 
 Or it may be thus : 
 
 *' Provided laftly, and it is hereby de- 
 " clared. That neither this Aft, nor any pare 
 " thereof, fliall take efi^eft, until his moft Sacred 
 *' Majefty fliall notify his confirmation and allow- 
 *« ance thereof to his Governor or Commander 
 ** in Chief of this Province for the time being ; 
 *^ any thing herein before contained to the con- 
 " trary in any wife notwithftanding,** 
 
 cc 
 
 cc 
 
 cc 
 <c 
 <c 
 cc 
 
 C( 
 
 !Wi' 
 
 ■4 
 ■fc 
 
 ^4 
 
 \ '. 
 
 CHAP, 
 
 I \ 
 
in North America, Sec, 2$^ 
 
 CHAP. VIIL 
 
 Of Inferior Courts of Civil JurifdiSlion. 
 
 IN all the Colpnies there are Inferior Courts of 
 Civil Jurifdiflion, which hold plea in perfonai 
 aftions to a certain amount j which limitation in 
 fome Colonies is greater, in others lefs. In Ja- 
 maica, befides the Supreme Court, which has ju- 
 rifdidlion over all the Ifland, and holds plea to 
 any amount, there are alfo Courts which have ju- 
 rifdi6lion within certain diftridls, and hold plea 
 where the debt or damages amount to twenty- 
 pounds only J and in which Courts matters of faft 
 are tried by a Jury, in the fame manner as in the 
 Supreme Court. But in fome of the Illands to 
 Windward, the Chief Juftice of the Superior Courc 
 fits alone, to try actions to a certain amount with- 
 out a Jury : — in other Iflands, perfonai adions to 
 a certain amount are brought on before all the 
 Judges of the Court, and are decided without a 
 Jury, after all the Jury actions are finifhed. In 
 the Colonies on the Continent, there are Inferior 
 Courts held before the Juftices of the Peace for 
 particular diftrifts, in which all matters of debt 
 or damage under a certain fum are tried by a 
 Jury J and the extent of thofe Inferior Courts are 
 in fo ne places bounded by the parifh, in other 
 places by different divifions. If the debt or da- 
 mages are under forty ihiliings. Two Juftices, and 
 Three Jurymen, are fufRcient to decide on them ; 
 if above forty (hillings, and under eight pounds, 
 then there muft be Two Juftices and Twelve Jury- 
 men. In fome Colonic^ thofe Courts are called 
 Courts of Confcience, and in others County 
 
 Courts i 
 
 i? i 
 
 t;' 
 
 ■ 1^ 
 .0 \i', i 
 
 ■^l^ 
 
 !/•;.■; 
 
 % 1 k 
 
■ 'i'l 
 
 '■4 
 
 %^, 
 
 < 1 
 
 iP ^ 
 
 ^ :.'1 '1 
 
 I III 
 
 2j6 ConfiUution cf the British Colonies 
 
 Courts ; the form of their procefs^ and the mode 
 of their proceedings, are ufually fet out at large 
 in the Adts of Aflcmbly, by which they are efta- 
 "blifhed. Where the debt or damages are under 
 forty Hiillings, there is ufually no power of appeal 
 allowed ; but in cafes where the debt or damages 
 exceed forty (hillings, a Writ of Error is allowed, 
 or liberty of appeal given to the Superior Court 
 of Common Law, Thefe Inferior Courts de- 
 cide a great number of aflions 5 but the Juftices 
 of Peace who prefide therein are frequently plain 
 men, and their proceedings arc very irregular, 
 little order or decorum being obferved among 
 them. 
 
 CHAP. IX. 
 
 Of the Superier Courts of CivilJurifdiSlion, 
 
 1 Shall firft begin with the Weft India Iflands, 
 by obfervsng, that, in the Ifland of Jamaica, 
 the Superior Court of Common Law is called 
 The Supreme Court, and is a King's Bench, Com- 
 mon Pleas, and Exchequer j and this being a large 
 Idand, it has of late years been divided into dif- 
 trids J and the Judges of the Supreme Court go 
 in circuit round the Ifland. 
 
 In Barbadoes, the Ifland is divided into five 
 precindts, for each of which there is p. Court of 
 Common Pleas, with a di(lin<5l fet of Judges. 
 The greateft length of this Ifland is about twenty 
 miles and three quarters, and its greateft breadth 
 about thirteen miles and three quarters : — it feems 
 therefore very abfur^ to have fo many diftinft 
 Superior Courts in fuch a fmall .Ifland. — Had 
 there been one Superior Court cftabliflied for the 
 9 whole 
 
in North Am£rica> &c* 
 
 257 
 
 ^hole inand> in the center of it ; in that cafe 
 five Gentlemen, who had fome experience in 
 the law, might have been found to fill the Office 
 of Judges: but it is not to be conceived, that 
 fuch a fmall Ifland can afford to pay proper 
 falaries to twenty-five Judges j by which means, 
 none but a man who has little knowledge, and 
 much vanity, will accept of the Office of a Judge, 
 which is attended with little or no profit. 
 
 Antigua was formerly divided into two pre- 
 cinfts i but at prefent there is only one Court of 
 Common Pleas for the whole Ifland. 
 
 In the reft of the Leeward Charibbee Iflands, 
 the Superior ^nurt of Common Law is a King's 
 Bench and Com. on Pleas. 
 
 In all the Southern Colonies on the Continent, 
 before the Civil War, the Superior Court was, a 
 King's Bench, Common Pleas, and Exchequer. 
 
 I fhall now make fome obfervations on the 
 proceedings of the Superior Courts of Civil Jurif- 
 (liftion in the Colonies, which will apply to all 
 the Weft India Iflands, and alfo, as I apprehend, 
 to ?11 the Provinces on the Continent before the 
 Civil War. — In the firft place, all original Pro- 
 cefs, and even Writs of Dedimus Poteftatem to 
 Commiffioners, to take renunciations of Dower, 
 are iflued by the Court of Common Law itfelf, 
 and tefted in the name of the Chief Juftice: — 
 and the Chancery iffues no Writ in the form of a 
 Precipe, or Si e fecerit fecurum, or any other 
 procefs whereon to found the proceedings of the 
 Courts of Common Law, except Writs of Audita 
 Querela, which muft neceflarily be iflued by the 
 Chancellor i and inftances of the ifiiiing of fuch 
 Writs of Audita Querela, I have known in dif- 
 ferent Colonies. But I remember no cafe wherein 
 the Chancellor iflijed any other Writ, to enable 
 
 S the 
 
 '\ 
 
 i ■■ 
 
 I 
 
 
 '" :il 
 
 
 1 t 
 
 t (I 
 
 ) : 
 
 i., 
 
 
:' -;, 
 
 n: 
 
 
 '^k 
 
 {■'■ 
 
 II ' 
 
 4 ' 
 
 < f 
 
 ' ^ i'1 
 
 258 Conftituiion of the British Colonies 
 
 the Court of Common Law to hold pica; and by 
 rcafon thereof, that which in Weltminftcr Hall 
 is Mefne Procefs, viz, the Summons in Dower, 
 the Capias in Trcfpafs, &c. are the original 
 Procefs in the Colonies. 
 
 2. No real adions have ever been ufcd in the 
 Colonies, except actions of Dower j for all titles 
 to land have been tried cither by Ejeftment, Trcf- 
 pafs, or Replevin. 
 
 . J?. The mode of commencing aflions in the 
 Colonies is various :— In the Weft India Iflands, 
 they commence the adlion by filing the Decla- 
 ration in the Office, and a copy of fuch De- 
 claration, with a Summons, is ferved by one of 
 the Marfhall's Bailiffs on the Defendant: but if 
 the Defendant is abfent from the Ifland, and hath 
 appointed an Attorney, then, if the Letter of At- 
 torney is regiftered in the Secretary or Regifter's 
 Office, the Declaration and Summons are to be 
 ferved on fuch Attorney ; or, if he is not to be 
 met with, they are to be left at his dwclling- 
 houCe or place of abode : — if no fuch Letter of 
 Attorney is regiftered in the Office, thenj if the 
 Defendant has a Plantation in the Ifland, the De- 
 claration and Summons muft be I'erved on the 
 Manager or Overfcer of fuch Plantation; and 
 if neither of is to be met with, the Decla- 
 ration and Summons muft be left at the Houfe 
 upon fuch Plantation : but if the Defendant has 
 no Plantation on the Ifland, the fervice muft 
 be, by nailing up a copy of the Declaration and 
 Smnmons at the door of the Court-houfe. This 
 mode of (Service is not perfedly the fame in every 
 ftage of it, but is fubftantially the fame in every 
 Ifland. 
 
 On the Continent before the Civil War, their 
 proceedings were more conformable to the prac- 
 tice 
 
in koRTH America> 5cc. t^ 
 
 ticc in Wcftminftcr^Hall : they had four Courts 
 in the year : the aftion was commenced by fuing 
 out a Writj which wis made returnable on a day 
 certain; and after the return of the Writ, the 
 Plaintiff filed his Declaration. 
 
 In all the Weft India IHandsi the Superior 
 Courts of Common Law have been eftablifhed by 
 A(fls of the General Aflembly j for which fee the 
 Laws of each of thefc Iflands. In moft of the 
 Colonies on the Continent, thcfe Superior Courts 
 of Common Law were eftablifhed by Letters Pa* 
 tent under the Great Seal of the Province, by the 
 King's inftruftions to his Governor, on the firft 
 inftitution of the King's government in the Pro- 
 vince. 
 
 Under this head I have given no forms, becaufe 
 the method of proceeding in Civil Adlions in all 
 the Colonies is conduced, as near as local cir« 
 cumftances will admit, agreeable to the pradice 
 in the Court of Common Pleas in Wcftminfter 
 Hall. 
 
 ( ■' 
 
 f.'- 
 
 « 'i 
 
 I- ! 
 
 Letters Patent for eftahlijhing n General Cvurt 
 in the Province of Georgia* 
 
 GlORGIA. 
 
 GEORGE the SccoikI, by the grace of God of 
 Great Britain, France, and Ireland, King, De*- 
 fender of the Faith, and fo forth. To- all to 
 whom thefe our prcfent Letters ftiall come greet- 
 ing J Know ye that we, tendering the ftatc and 
 condition of our Province of Georgia, and being 
 willing and defirous that juftice be duly and re- 
 gularly adminiftered therein, have thought fit to 
 ereft and conftitute, and by thefe prefents do ere£k 
 and conftitute a Court of Record, by the name 
 and ftyle of the .General Court, to be holden 
 
 S z yearly 
 
 Mm 
 
 ■ 'i'Al 
 
;;[' 
 
 f^ Ih? ) ; 
 
 ^,11 ' 
 
 f 1 .>• 
 
 if '' M!j 1 
 
 "• 'i , I 
 
 a6g Confiitution of the British Colonies 
 
 yearly at Savannah, within our faid Province, on 
 the fecond Tuefday in January, the fecond Tuef- 
 day in April, the fecond Tuefday in July, and the 
 fecond Tuefday in Oftobcr, before our trufty and 
 well-beloved Noble Jones and Jonathan Bryan, 
 Efqrsj or one of them, whom we hereby appoint 
 our Judices thereof, during our pleafure, and 
 others our Juitices appointed for the time being* 
 And we do hereby give and grant unto the faid 
 Noble Jones and Jonathan Bryan, and each of 
 them, and all others our Juftices of the faid Ge- 
 neral Court, for the time being, full power, ju- 
 rifdid^ion and authority, to enquire, by the oaths 
 of good and lawful men of the Province aforefaid, 
 and by other ways and means by which the truth 
 of the matter may be better known and enquired 
 into, of all treafons, felonies, and other crimes 
 and criminal offences whatfoever, done or com' 
 mitted within our faid Province by any perfons 
 whatfoever, and the fame to hear and determine, 
 according to the laws and cudoms of our faid 
 Province; faving to us, and our fuccelTors, all 
 fines, forfeitures, and amerciaments, and all other 
 things to us on account thereof belonging and 
 appertaining. And further, we give and grant 
 to the faid Noble Jones and Jonathan Bryan, and 
 each others o\ir Juftices of our faid General Court 
 for the time being, full power, jurifdi<5lion, and 
 authority, to hold pleas in all and all manner of 
 caufes, fuits, and actions whatfoever, as well cri- 
 minal as civil, real, perfonal, ar)d mixed, arifmg, 
 happening, or being within our faid Province, 
 where the fum or thing demanded (hall exceed 
 the value of forty (hillings fterlingj except only 
 where the title to any freehold (hall come in que- 
 flioni and to proceed in fuch pleas, fuits, and 
 a6tions, by fnch ways, means, and procefs, as may 
 . . - " Willi 
 
in North A'meuxca, &c« 
 
 a5i 
 
 with the greatefl fafety, difpatch, and ju(lice» 
 bring the fame to a final determination, and alfo 
 to hear and determine all fuch pleas, fuits^ and 
 aftions, and judgment thereupon to give, and 
 execution thereof to award and iifue, and this as 
 fully and amply as can or may be done by our 
 Courts of King's Bench, Common Pleas, and Ex- 
 chequer in England, doing therein what of right 
 and juftice ought to be done. — In teftimony 
 whereof we have caufed thefe our Letters to be. 
 made Patent, and the Seal of our faid Province to 
 be affixed thereto. Witnefs our trufty and weii- 
 beloved John Reynolds, Efqj our Captain- Gene- 
 ral and Governor in Chief in and over our faid 
 Province of Georgia, the twelfth day of Decem- 
 ber, in the twenty-eighth year of our reign. 
 
 J. REYNOLDS. 
 
 By his Excellency's 
 
 command, 
 James Habersham, 
 
 Secretary. 
 
 
 » J 
 
 .1 f 
 
 S3 
 
 CHAP. 
 
 h*'! 
 
 •; ! 1 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 
 
 1.1 
 
 l:i|28 |25 
 » 1^ 12-0 
 
 M 
 
 
 |L25||U|j^ 
 
 
 ^ 
 
 6" 
 
 ► 
 
 Photographic 
 
 Sciaices 
 
 Corporation 
 
 
 23 WCST MAIN STRUT 
 
 WIBSTIR.N.Y. USM 
 
 (716) •72-4S03 
 
 '^ 
 
^ 
 
 ^.<^ 
 
t52 Conflituim rf thf 'B'^nnn Golonii$ 
 
 G H A P. X. 
 
 
 '■ .s '■■m 
 
 [•H 
 
 Of the Superior Courts of Criminal JurifdiSiim. 
 
 IN England the criminal buHnefs is divided be. 
 cween the Aflizes and Quarter Se^ions. — But 
 in the Colonies, the whole of the criminal bufi. 
 nefs center^ in one pourt.-— In Jamaica, St. Chrif- 
 topher's, and Nevis, the Superior Court has the 
 fiime jurifdidtipn there as (he King's Bench and 
 Common Pleas have in England i and that was 
 the cafe in fome of the Colonies on the Continent 
 before the Civil War. — But in the Iflands of 
 Barbadoes, Antigua^ Moncferrat, and in fome 
 other Colonies, the Criminal Court is diftind 
 from the Common Fleas, and jconfifts of a num- 
 J)cr of Judges, viz, of the Members of the Coun- 
 cil, the Judges of the Common Pi((;as, the Jpftices 
 of the Peace, and the Judge of the Court of, Vice- 
 Admiralty, &c. — This Court is inconvenient j for 
 the Judges are, in general, unacquainted v^ith 
 the law, and often commit miftakes. Their 
 number is fo great, that fhould they do wrong, 
 there is no getting at them. And as mod of the 
 principal men in the Colony fit in this Court, 
 hardly any thing can come on but fome of them 
 are connected with it. 
 
 Such of the pleadings in criminal caufes (as 
 well as thofe in civil cafes) which are drawn by 
 Counfel, are conduced in a manner fimilar to 
 that ufed in the Superior Courts in Wijflminlter 
 Hall : — but in all the {(lands except Jamaica, the 
 entry of the judgtpcnt, and the other Afts oi the 
 Court, are not enterjcd at large, agreeable to the 
 jpraftice in England i but are (hort minutes made 
 
sH North Americaj &c. 
 
 a6j 
 
 by the OfRcer of the Court, who is frequcndy 
 unacquainted with the law forms. 
 
 The following cafe happened whilft I rcfidcd 
 in the Weft Indies : 
 
 The Town of 
 
 in 
 
 the Ifland of > 
 
 was laid out in parallel lines, interfering each 
 other at right angles. — One G— built a houfe iu 
 the middle of a ftrect there, called North Street;, 
 and an indidmenc for a nuifance was found 
 againft him. When the indictment came on to 
 
 trial, the Profecutor*s Counfel afked 1 
 
 the Attorney General, on which fide he was con- 
 cerned ? to which he anfwered, That he was con- 
 cerned for the Defendant. — It was then objected. 
 That the Court ought not to fufFer the King's 
 Attorney General to appear againft him ; and the 
 praftice of the Courts in Wellminfter Hall was 
 mentioned. — Th€ Prefident of the Court faid, 
 That the cuftom of that Country was ditFerent : 
 and the Attorney General was fuffered to appear 
 for the Defendant, who was found guilty of the 
 nuifance. — The Attorney General, as Counfel for 
 the Defendant, then moved. That judgment 
 might be arrelted j but this motion was over- 
 ruled : and then, on the motion of the Profecu- 
 tor*s Counfel, and agreeable to the dodlrine in 
 the I Hawkins P. C. 200. the Defendant was 
 commanded by the Court to remove the nuifance 
 at his owncofts ; and judgment was refpited until 
 the then next Seflions. The Defendant did not re- 
 move the nuifance j but brought a Writ of Error, 
 which was made returnable before the day for 
 holding the then next Seflions, and was therefo«-c 
 no Superfcdeas. On this ground, the Profc** 
 cutor's Counfel moved for the judgment of the 
 Cpiirt, on the authority of ;hc cafes of Baker 
 
 S 4 Hn4 
 
 m, 
 
 •4. 
 
1:1 
 
 I1 
 
 r^ 
 
 
 
 ■Ma,. ; «««,ii 
 
 •if'' •* ' -' I 
 
 ^11 -i 
 
 
 ',«;- 
 
 264 Conftitution of the British Colonies 
 
 and Bulftrode, i Ventris 255. Ayers and Lcnt- 
 halJ, 3 Kcble 308. Prydycrd and Thomas, i Ven- 
 tris 96, and of I Siderfin 466. But notwithftand- 
 ing thefe cafes, the Court declined to give any 
 judgment; and there the matter refted. 
 
 I (hall trouble the Reader with no forms under 
 this head ', for the method of proceeding in cri- 
 minal cafes in the Colonies, is fimilar to that of 
 the Superior Courts in England.— But procefs of 
 outlawry hath never been iflued in any Colony, 
 either in civil or criminal cafes, that I can learn. 
 In ^hofe Colonies in which I refided^ no fuch 
 thing ever happened. 
 
 C H A P. XL 
 
 Of the Judges of the Superior Courts in iht^ 
 
 Colonies. 
 
 EVERY Judge in the Colonies holds his 
 Commilfion during his Majefty-s pleafure, 
 and the rcfidence of fuch Judge in the Colony. 
 The Chief Juftices are in general appointed by 
 warrant under his Majefty's Sigh Manual and Sig- 
 net, by the authority of which warrant, Letters 
 Patent are made out in the Coloi)V> tefted by the 
 Governor or commander in Chief tor the time be- 
 ing, and under the Great Seal of the Colony. 
 For thefe inftruments, fee the following forms : 
 Wherever a falary is annexed to the office of Chief 
 Juftice, and the income is fufficient to induce a 
 man of abilities to accept of it, a proper perfon is 
 appointed from England to fill fuch office j but 
 by the Afliftant Judges are, in general, appointed 
 the Governor, and arc almoil always unacquainted 
 with the law. In fuch of the Colonies where the in- 
 '•■■'•■- habitants 
 
in North America, &c. 
 
 265 
 
 ouRTs in tk 
 
 habitants are able to bear the expencc of raifing 
 falarics for their Judges, it is not to be expeftcd 
 that Great Britain (hould fuftain that expence; 
 but the leading men in fome Colonies may 
 perhaps oppofe every attempt to provide proper 
 falaries for the Chief Judges by A«^ of Aflcmbly, 
 as they may exped to fill thofe offices themfelves ; 
 whereas, if falaries were annexed to them, proper 
 Judges would be fent from England. In a 
 northern climate, where men are phlegmatic, 
 it would be difficult to prevail on an ignorant 
 country efquire to fit in judgment on the lives 
 and properties of his fellow- fubjeds, even if a fa- 
 ]ary was allowed him j but in fouthern climates, 
 where men in general have much vivacity, and a 
 great love of power, we may obfcrve, that with- 
 out any knowledge of the law, they court thefc 
 employments. It would be invidious to dc- 
 fcend to particulars i but I cannot avoid ob- 
 ferving, that fcvcral years ago, when I refided 
 in the Weft Indies, and was converfant with 
 four Idands, there was not in either of thcfe 
 Iflands one Judge that had been regularly bred 
 to the law. In lome of the Weft India Illands, 
 itis neceflary that there fhould be three Judges 
 on the Bench, in order to proceed to bufincfs, 
 which is an inlet to much abufej for fome of 
 the Judges have frequently abfented themfelves, 
 under different pretences, that there might be no 
 Court. An inftance of this kind happened fome 
 years agO in one of the lOandS in the Weft L.clits 
 that I was acquainted with. A Chief Jirdge had a 
 Bond and Warrant of Attorney to confefs judg- 
 ment, ftanding out againft him j and by the law of 
 thelfland, luch a judgment could not be entered 
 up, except at the fitting of the Court : matters were 
 fo managed, that a number of Judges, fufficienc to 
 
 hold 
 
 
 )i 
 
 ^f'i 
 
 m 
 
 ' c 
 
 iit' " 
 
 H' 
 
,. M,i -.1. , ■- 
 
 P1;l 
 
 mif '1 ■! 
 
 i J 
 
 hi 
 
 '*.ii 
 
 
 :f? 
 
 266 Conflitution of the British Colomiis 
 
 hold a Courc,did not meet for a confiderable tinifj 
 and the creditor was kept out of his money. 
 
 Formerly fomc perfons in had taken an 
 
 undue advantage of being privileged from arrcft,on 
 which the LegiQaturcofthatlfland, in theyeari740, 
 pafled an a5, declaring. That from thenceforth 
 no Judge, &c. or any other Miniftcrof the Law, 
 fhould thereafter have privilege to enter any com- 
 mon appearance for the diicharge of any bail 
 bond in any cafe whatfoever. Many years after 
 this Ad pafled, when I was in the Weft Indies, an 
 Adiftant Judge was arrefted for debt:— at the 
 next Court it was moved on his behalf^ that he 
 fhould be difcharged, on entering a common ap- 
 pearance. In vain did the PlaintifTs Counfei 
 urge the Aft of Aflembly againft fuch applica* 
 tion ; — the gentleman on the Bench faid. That 
 they only were Judges of their own privileges j 
 and the AfTiftant Judge's bond was difcharged on 
 his entering a common appearance. I ihall only 
 further obferve on this head, that, as the Judges 
 there were in general unacquainted with the law, 
 they frequently afked the opinion of fbme leading 
 Lawyer in matters that came before them \ which 
 gave fuch lawyer an amazing afcendency in the 
 Idand, as many who refided there muft remem* 
 ber. 
 
 Warrant under bis Majejfy's Sign Manual and 
 Signet^ for the Jppointment of a Chief Juftice in em 
 of the Colonies, 
 
 George R. 
 
 Trusty and well-beloved, yrc greet you well. 
 Whereas we have taken into our Royal con- 
 fidcration the loyalty, integrity, and ability of 
 
 our 
 
in North America, &c« 
 
 aSj 
 
 our trufty and well- beloved A. B. Efqj wc have 
 thought fie hereby to authorife and require you 
 forthwith to caufe Letters Patent to be paflfed un- 
 der the feal of our Province of C— , condituting 
 and appointing him the faid A. B, our Chief 
 Jufticc of, and in our faid Province, in the room 
 of L. M. Efq; deceafed. To have, hold, exe- 
 cute, and enjoy the faid office unto him the f<^id 
 A. B. for and during our pleafure, and his refidence 
 within our faid Province, together with all and 
 fingular the rights, profits, privileges, and emo- 
 luments unto the faid place belonging, in the 
 mod full and ample manner, with full power and 
 authority to hold the Supreme Courts of Judi- 
 cature at fuch places and times as the fame may 
 and ought to be held within our faid province : 
 and for fo doing, this (hall be your warrant; and 
 fo we bid you farewel. Given at our Court at 
 St. James's the twenty-third day of March 1769, 
 in the ninth year of our reign. 
 
 By his Majefty's Command, 
 A. B. Efq; Chief Jufticc of C— . 
 
 H : 
 
 This warrant was under the King's Signet, and 
 dircftcd to the Governor of C — , and in his ab- 
 fence, to the Comrpander in Chief there, exadly 
 as in the Mandamus for a Member of the Coun- 
 cil. 
 
 Letters Patent under the Great Seal of a Colony^ 
 for the appointment of a Chief Juftice, in pur- 
 fuance of the before-mentioned Warrant, 
 
 GEORGE the Third, by the Grace of God, 
 
 of Great Britain, France, and Ireland, King, 
 
 Defender of the Faith, &c. To all whom thcle 
 
 I prefents 
 
 : r 
 
 ri 
 
 'MX. 
 
ii'i 
 
 l« 
 
 
 
 I ': II 
 
 fip 
 
 ft68 CottftUulion of the BKiTisn CoL0in2% 
 
 prcfents (hall come, greeting : Know ye, That we 
 having taken into our Royal conQderation the 
 loyalty, integrity, and ability, of our trufty and 
 yrell-beloved A. B. Efq; have conflituted and ap« 
 pointed him the fald A. B. our Chief Jullice of 
 and in our Province of C — in America, in the 
 room of L. M. Efq; deccafed, to have, hold, 
 execute, and enjoy the faid ofHce unto him the 
 faid A. B. for and during our pleafure; and his 
 refidence within our faid Province, together with 
 all and fingular the rights, profits, privileges, 
 and emoluments unto the faid place belonging, 
 in the mod full and ample manner, with full 
 power and authority to hold the Supreme Courts 
 pf Judicature at fuch places and Times as the 
 fame may and ought to be held, within our faid 
 Province. In Witneft whereof we have caufed 
 thefe our Letters to be made Patent. Witnefs his 
 Excellency D. E, Efq; our Captain-General and 
 Governor in Chief in and over our faid Province 
 of C — , at F— — , the fir ft day of September, 
 in the ninth vear of our reign, 
 
 D.E. 
 
 By his Majefty's Warrant, under his 1 
 Royal Sign Manuel and Signet, 
 dated at his Court at St. James's, 
 the 2^dday of March, 1769, in 
 the ninth year of his reign. 
 
 i'v 
 
 CHAP. 
 
in North America^ ^c» 
 
 a6g 
 
 CHAP. XII. 
 
 t 
 
 n 
 
 Of the Counsel and Attoku its in the Coloxies- 
 
 IN Jamaica and Barbadoes, the departments of 
 Counfel and Attorney are diftinft, and they 
 have feveral gentlemen ot ability in the Law, who 
 attend at the bars in thofe IHands. In St. Chrido- 
 phcr*s, the branches of Counfel and Attorney were 
 feparate, and only four Attornies were allowed, 
 until the year 1764, when an A(?t of Aflcmbly 
 paiTed to enable any perfon admitted to the bar to 
 pradife as an Attorney, and Solicitorj on taking 
 the oath appointed to be taken by Attornies and 
 Solicitors; and at this day, the departments of 
 Counfel and Attorney arc united in all the Colo- 
 nies, except Jamaica and Barbadoes. The union 
 of thefe two branches has been produ6live of much 
 inconvenience ; for the practical part has fo much 
 cnraployed the attention of the Colojiy Advocates, 
 that few of them have leifure to attain to any 
 coafiderable degree of knowledge. The law 
 pradlitioners in the Colonies are of three forts ; 
 firft, Gentlemen who have been called to the bar at 
 the Inns ofCourt in London, and who areofcourfe 
 admitted to praflife, on their producing certifi- 
 cates of their being called to the bar: fecondly, 
 thofe who hav6ferved Clerklhips in Great Britain, 
 Ireland, or the Colonies : and thirdly, thofe who 
 through intereft are admitted to the bar, without 
 ferving a regular Clerkfhip, and wiio (according 
 to the phrafe of the country) are faid to turn 
 lawyers. 
 
 Of all the Barrifters who pra<5tifed in the Colo- 
 nies, and afterwards returned to England, few 
 
 have 
 
 .1 
 
 'f 
 
 utK 
 
 \ 1 
 

 I 
 
 170 Conftitution of the British Colonies 
 
 have attempted to praftife at the bars here ; for 
 the following reafons : The Judges in the Colo- 
 nies being, in general, unacquainted with the 
 Law, order and decorum are not properly attend- 
 ed to, and little improvement can be got under 
 fuch mafters. 
 
 Mod of the queftions that arife in the Coloniei 
 ire founded in litigation, and not in intricacy; 
 and, as the gentleman of the bar in general go 
 out there at an early period in life, before they 
 are arrived at any confiderable (hare of know. 
 ledge, they have it not in their power to gain 
 much experience in the Colonies, and mod of the 
 Judges not being bred to the profefTion of the 
 law, the Advocate, who has the greateft fluency, 
 may fometimes be confidercd as the ableft 
 lawyer. 
 
 Ti 
 
 .1.' 1 7 •'.' -It (CiLt u- * Vi 
 
 li 
 
 4 \ r 
 
 CHAP. XIII. 
 
 0//i»tf Court ij/" Vice-Admiralty. 
 
 TH E Court of Vice- Admiralty rn the Colo- 
 nies exercifes three forts of jurifdidtion. 
 
 In the firft place,' it is the proper Court for de- 
 ciding all Maritime Caufes. 
 
 adly. It is the Court for the trial of Prizes 
 taken in time of war, or hoflilities between Great 
 Britain and any other State, todeterdiine whether 
 the Captures be or be not lawful prize. And, 
 
 jdly. The Court of Vice- Admiralty in the 
 Colonies has a concurrent jurifdiftion with the 
 Courts of Record there, in the cafe of forfeitures 
 and penalties incurred by the breach of any Aft of 
 Parliament relating to the trade and revenues of 
 the Briti(h Colonies in America ; for the in- 
 former or profecutor hath the ele£bion of proceed- 
 ing either in any Court of Record in the Colonies 
 
 where 
 
in North America, &c. 
 
 171 
 
 where fuch oflft^ncc is committed, or in the Court 
 of Vice- Admiralty there, for the recovery of chofc 
 penalties and forfeitures. 
 
 In the firft place, as to the jurifdi<flion exer- 
 cifcd in the Court of Vice-Admiralty in the Co- 
 lonies, in deciding all Maritime Caufes, or 
 Caufes arifing on the High Seas. I have only to 
 obferve, that it proceeds in the fame manner 
 that the High Court of Admiralty in England 
 does. 
 
 The only book that I have met with, which 
 treats of the praflice of the High Court of Admi- 
 ralty in England, is Clerke's Praxis Admiralitatis ; 
 and this is the book ufed by the praiflitioners 
 in the Colonies. As there are few Adnriiralty 
 forms to be met with in print, I (hall give the 
 Reader fome precedents for his information. 
 
 INSTRUCTIONS for the Execution of a Warrant 
 from the Court of yidmiralty to arreft a Ship^ 
 agreeable to the Practice ufed in the High Court 
 cf Admiralty in England, 
 
 The Warrant muft be executed by a perfon 
 who can write and read, whofe name mud be 
 Hril inferted in the blank left in the beginning of 
 the Warrant for that purpofe, by his going on 
 board the fhip, and producing the Warrant to 
 the Mafter, Commanding Officer, or fome of 
 the Crew on board, and declaring before them, 
 that he doth, by virtue of the faid Warrant, arreft 
 the faid (hip, her tackle, apparel, and furniture, 
 at the fuit of J. B. W. E. and Company, late 
 
 mariners of the faid fhip, in an adion of/. 
 
 Sterling, and that he doth cite all perfons in ge- 
 iieral, having or pretending to have any right, 
 titlcj or intereft in the premifes, to appear at the 
 
 time 
 
 I' 
 
 u 
 
 'i('i!i 
 
 ' .li'.J 
 
 ^i 
 
It-' ''; -'^ 
 
 ri '• ',1. ' 
 
 ^4^1 
 
 .1*15 
 
 •? ■ n Ik 
 
 M 
 
 271 Conftiittiion of the British Colokics 
 
 time and placcj and to the effe^^ mentioned in 
 the faid Warrant : then let him fix a copy on the 
 mainmaft, and leave it there j and after fupplying 
 the blanks in the certificate indorfed on the back 
 of the Warranti let him fubfcribe his name there- 
 to> and make oath thereof before a Mader in 
 Chancery^ or the Mayor of the Town, and then 
 let him return the Warrant to the Proflor in 
 Doctors Commons. 
 
 Should you be apprehenfive the Ma((er intends 
 to run away with the fhip, you may take the 
 fails on fliore, or put a man on board to fecure 
 her under the arreft* 
 
 A Certificate of the . Service tf a Warrant 
 from the Admiralty to arreft a Ship, 
 
 Om the day of the month of In 
 
 the year of our Lord this Warrant was 
 
 duly executed> by arrefting the within mentioned 
 ihip the (whereof N. N. is Matter) her 
 
 tackle, apparel, and furniture, lying at 
 and by citing all perfons in general, having or 
 pretending to have any right, title, or intereft 
 therein, to appear at the time and place, and to 
 the efifed within mentioned. 
 
 On the day of in 
 
 the year of our Lord 
 the aforefaid P. S. was 
 fworn to the truth of the 
 abi>vc Certificate, before 
 me. 
 
 R. R. 
 
 , • . .. -'- 
 
 Libel 
 
tn North America^ &c» 
 
 a;^ 
 
 hiBiL for H^ages. 
 
 ^i, CHrviSTOPHER*s. In the Court of Vicc-Ad 
 
 miralry^ on the fecond day.cv 
 April, in the yrar of our Lov 
 1767, before the Honourab 
 R. H. Efq; Judge Surrogate c 
 the Court of Vice-Admiralty,, 
 held for the IHand of Sl. 
 Chriftopher. 
 
 Thomas Edwards, late ma-^ Upon which day^ 
 finer of a certain merchantl H. P. as lawful 
 (hip, called the Kitty, whcre-l Proftor of the 
 of J. N. isMader, againfl: the! faid Thomas Ed- 
 faid fliip, her apparel, and /wards, by all bet- 
 furniture, and alio againft thef ter and more ef- 
 faid J. N. in a certain caufe ofj fedtual ways and 
 Subtraction of the Wages both rneans, and alfo to 
 Civil and Maritime^ ) all intents and pur- 
 
 pofes in law what- 
 foever, doth fay, allege, and in law propound 
 articulately, as follows : (that is to fay,) 
 
 Firft, That in the month of June, in the year 
 of our Lord 1766, the faid Ship the Kittys where- 
 of the faid Ji N. then was> and is now ma(ter> 
 being at the port of Briflol, in the kingdom of 
 Great Britain, and defigned on a voyage to the 
 Coaft of Guinea, and from thfcncc to the Weft 
 Indies, and fo back again to the faid port 
 of Briftol, the faid J« N. didi by himfelf or agents 
 upon the high and open feas, within the ebbing 
 and flowing thereof^ and jurifdidlion of the Courc 
 of Admiralty of the Ifland of St. Chriftophcr, 
 ihip and hire the faid Thomas Edwards ta. lerve 
 as Second Mate on board the faid (hip on the faid 
 Voyage, at and after the rate of 3I. Sterling, mo- 
 
 T My 
 
 I 
 
 I I 
 
 !*■■ 
 
Will, 
 
 " V I"' .'■•■t • . ' '.ill 
 ' (''Mf I f i n» ■1 
 
 1.3 4 
 
 m 
 
 it 
 
 ■r4!^ 
 
 y.j 
 
 
 %'%4 Coufliiuthn of the Bkitish CoLOKiis 
 
 ncy of Great Britain, by the month j and the faid 
 Thomas Edwards did, on or about the iSthday 
 of June aforefaid, go on board, and enter into 
 forvice of the faid (hip j and the faid Ihip pro- 
 ceeded on the faid voyage, and took in a cargo 
 of (laves on tht: faid coall of Guinea, and then 
 came to the faid ifland of St. Chriftopher, where 
 
 ' flie delivered her faid loading i and the faid Tho- 
 mas Edwards ferved as Second Mate aforefaid on 
 board the faid fhip, from the faid i8th day of June 
 aforefaid to the ^d day of March aforefaid, being 
 eight months and five days, which amounts to the 
 fum of 14!. 7 s. 6d. whereof received, in Ster- 
 ling money, the fum of 7 1. which being deduced 
 from the fum of 24 1. 7 s. 6d. there remains 
 due to the faid Thomas Edwards the fum of 
 17 J. 7s. 6d. and the faid Thomas Edwards 
 well and truly performed his office and duty of 
 Second Mate on board the faid (hip during all 
 the faid time, and was obedient to the lawful 
 commands of the Mafter thereof, and well and 
 truly deferved the faid monthly wages, and fo 
 much or preater monthly wages than was ufually 
 giveii to perfons ferving in fuch capacity in other 
 ^ips on the like voyage ; and this was and is 
 true i and fb much the faid J. N. hath confeffcd 
 and acknowledged to be true ; and the party pro- 
 ponent doth allege and propound of a:y other 
 time and place and falary, wages, fum and Turns 
 of money, and of every thing elfe, as (hall ap- 
 pear fi-om the proofs to be made in this caufe. 
 
 Second, That all and fingular the pi'emifcs were 
 and are true, public, and notorious, and thereof | 
 there was and is a public voice, fame, and reportj 
 
 ' and of which legal proof being made, the party pro- 
 ponent prays right and juftice to be cfftftually ad- j 
 
 miniftcrci 
 
/« North America, &c. 275 
 
 jniniftered to him and his party in the pre- 
 
 mifes, &c. . , ^^ 
 
 There are very few Admiralty forms to be met 
 with in print; and thofe ufed in the Colonies are 
 too loofe and inaccurate to deferve notice. 
 
 From the Court of Vice- Admiralty in the Co- 
 lonies an Appeal lies to the High Court of Ad- 
 miralty of England. An Appeal may alfo be 
 brought from the Court of Vice Admiralty before 
 the King in Council. 3 Black. Com. 69. 
 
 adly, As to the jurifdiiflion which the Court of 
 Vice-Admiralty in the Colonies cxercifes, for the 
 the trial of prizes taken in time of war, or hofti- 
 lities between Great Britain and any other State, 
 to determine whether the Captures be or be not 
 lawful prize. 
 
 When two powers are at war, they have a right 
 to make prizes of the (hips, goods, and efFedls of 
 each other upon the high feas. "Whatever is the 
 property of the enemy may be acquired by cap- 
 ture at fea j but the property of a friend cannot 
 be taken, provided he obferves his neutrality. 
 Anfwer to the Expofition of Motives in i Ma- 
 gens on Infurances, 487. 
 
 By the Maritime Law of Nations, univerfally 
 snd immemorially received, there is an cftablifh- 
 ed method of determination, whether the cap- 
 ture be, or be not, lawful prize. — Idem. 
 
 Before the (hip or goods can be difpofed of by 
 the Captor, there muft be a regular judicial pro- 
 ceeding, wherein both parties may be he.^rd, and 
 condemnation thereupon as prize, in a Court of 
 Admiralty, judging by the Law of Nations and 
 Treaties. — Idem. 
 
 The proper and regular Court for tbefe con- 
 demnations, is the Court of that State to whom 
 the captor belongs. — Idem. 
 
 T 2 A claim 
 
 fl'-,, ■ 
 
 u- 
 

 
 . I 
 
 i 
 
 ■. :1U ii 
 
 !■ 
 
 M* 
 
 itS: •' " ," . ■. : 
 
 i^:-:i.M[.l 
 
 'Mi 
 
 
 [ »•. 
 
 47'5 Conflitutton of the SrItish Colonies 
 
 A claim offtiip or goods mull be fupported by 
 the oath of fomc body, at lead as to belief.^ 
 Idem, fol. 488. 
 
 If tlie fentence of the Court of Admiralty is 
 thought to be erroneous, there is in every mari- 
 time country a fupcrior Court of Review, con. 
 filling of the moll confiderabie perfons, to whicii 
 th6 parties Who think themfelvcs aggrieved may 
 appeal j and this Superior Court judges by the 
 fame rule which governs the Court of Admiralry, 
 viz. The Law of Nations, and the treaties fub. 
 filling with that neutral power whofe fubjedl is a 
 party before them. — Idem, 4S9. 
 
 If no Appeal is offered, it is an acknowTedg. 
 incnt of the jullice of the fentence by the parties 
 themfelves, and conclulive. — Idem. 
 
 In Great Britain and her Colonies, the property 
 of prizes being given in war to the captors, the 
 King Cannot arbitrarily releafe the Capture, but 
 leaves all cafes to the decifion of the proper 
 Courts, judging by the Law of Nations and 
 'treaties, whefe there are any :' and it never was 
 imagined^ that the property of a foreign fubjed, 
 taken as prize OH thd high feas,- could be affected 
 by laws peculiar to Englanxl. — Idem, 505. 
 
 Every State has art equal right to ereft' Ad- 
 miralty Courts for the trial of prizes taken by vir- 
 tue of their refpedtive commilfionsj but neither 
 has a right to try the prizes taken by the other, or 
 ifo reverfe the fentenccs given by the other's tri- 
 bunal. The obly regular method of reftifying 
 iheir errors, is by Appeal fo the Superior Court, 
 -i-Idem. 
 
 This is the clear Law of Nations ; and by this 
 method prizes have always been determined, in 
 cVery other maritime country in Europe, as well 
 
 ^ Edgland.— >Idea;w 
 
 In 
 
in North America, &c. - i.'jj 
 
 In cafe of prize vcffcls taken in time of war, in 
 ♦iny part of tJie world, and condpmned in any 
 Courts of Admiralty or Vice-AdipiraUy as J^W- 
 ful prize, the Appeal lies to certain Commiffion- 
 crs of Appeals, confifting chiefly of the Privy 
 Council, and not to Judges D.elegates » and this^ 
 by virtue of divers treaties with foreign nations, 
 by which particular Courts are eftabliflied in all the 
 mariciine countries of Europe for the decifion of 
 thisquedion, whether lawful prizes or not : for this 
 being a queftion between fubje(5i:sofdiflerent States, 
 it belongs entirely to the Law of Nations, and 
 not to the municipal laws of either country to de- 
 termine it. The Original Court to which this 
 queftion is permitted in England, is the Court ot 
 Admiralty; and the Court of Appeal is, in effe<ft^ 
 the King's Privy Council j the Members of which 
 are, in confequence of treaties, commiOioned unr 
 der the Great Seal for this purpofe. In 1748, 
 for the more fpeedy determination of Appeals, the 
 Judges of the Courts of Weftminfter-hall, though 
 not Privy Councillors, were added to the com- 
 miflion then in being : but doubts being conceived 
 concerning the validity of that commifllon, on 
 account of fuch addition, the fame was confirmed 
 by Statute 22 Geo. IJ. c. 3. with a provifo, that 
 no fentence given under it fhould be valid, unlefs 
 a majority of the CommilTioners prefent were 
 adluaily Privy Councillors. Put ihjs djd not, \ 
 apprehend, extend to any future coipmiflions. — 
 3 Black. Com. 6j, 70. 
 
 The mod ufeful books to a lawyer in the Co- 
 lonies, in queftions on captures at fca in time of 
 War, are Grotius of War and Peace, Bynker- 
 fhoeck's Queftiones Jurifpublici, Vattcl's Law of 
 Nations, &c. and the Anfwer of the King qf 
 Great Britain tp the Expofition of the Motives 
 . T 3 of 
 
 ."■■! 
 
 1; 'I V 
 
 M 
 
 ■■**'. ' 
 
 ;■ 
 
 ni-i 
 
■•■; i '% 
 ft" ^ 
 
 45: 
 
 ■'« t 
 
 P 
 
 .^1 " 
 
 1^: 
 
 ,1 
 
 278 ConftituHon of the British Colonies 
 
 of the King of Pruffiaj which fee at large 
 in the ift vol. of Magcns on Infurances, from 
 486 to 509. Vatell (b. 2. c. 7. f. 48) calls this 
 an excellent piece on the Law of Nations. 
 
 When the King declares war againft a foreign 
 State, a CommiflTion under the Great Seal of 
 Great Britain, iffbes to the Lords Commiflioners 
 for executing the office of Lord High Admiral of 
 Great Britain and Ireland, &c. in the following 
 form : 
 
 George R. 
 
 GEORGE the Second, by the Grace of God, 
 of Great Britain, France, and Ireland, King, 
 Defender of the Faith, &c. To our High Admiral 
 of Great Britain and Ireland, &c. for the time be- 
 ing, and to our right trufty and well-beloved 
 Councillor George Lord Anfon i our trufty and 
 well-beloved William Ponfonby, Efq; commonly 
 called Lord Vifcount Duncannon j Thomas Vil- 
 liers, Efqj Sir William Rowley, Knight of the 
 Bath J Edward Bofcawen, Elq; our right trufty 
 and well- beloved Coufm John Lord Vifcount 
 Batcnnan, of our kingdom of Ireland j and our 
 trufty and well-beloved Richard Edgecumbe, 
 Efqi our Commiffioners for executing the OfHce 
 of our High Admiral of Great Britain and Ire- 
 land, &c. and to our Commiffioners for execut- 
 ing that Office for the time being, greeting: 
 Whereas we, by our Declaration of the 17th day 
 of May, in the year of our Lord 1756, for the 
 reafons therein contained, have declared war 
 againft France ; thefe are therefore to authorife, 
 and we do hereby authorize and enjoin you our 
 High Admiral of Great Britain and Ireland, &c. 
 for the time being, and you our faid Commif- 
 fioners for executing the Office of our High Ad- 
 miral 
 
in North America, &c. 
 
 279 
 
 tniral of Great Britain and Ireland, &c. and the 
 
 CommifTioncrs for executing the laid Office for 
 
 the time being, or any three or more of you, to 
 
 will and require our High Court of Admiralty in 
 
 England, and the Lieutenant and Judge of the 
 
 laid Court, and his Surrogate, as alio the feveral 
 
 Courts of Admiralty within our dominions ; and 
 
 they are hereby authorifed and required to take 
 
 cognizance of, and judicially to proceed upon, all 
 
 and all manner of captures, feizures, prizes, ancj 
 
 rcpiizals of all Ihips and goods already feized and 
 
 taken, and which hereafter fliall be feized ancl 
 
 taken, and to hear and determine the fame } and 
 
 according to the courfe of Admiralty and Law$ 
 
 of Nations, to adjudge and condemn all fuch 
 
 Ihips, veiTcls, artd goods, as fliall belong to 
 
 France, or the Vaflfals and fubje*5ls of the French 
 
 king, or to any other inhabiting within any of his 
 
 countries, territories, and donunions, and a|l 
 
 fuch other fliips, vcfiels, and goods, as are or 
 
 ihall be liable to confilcation, purfuant tb the 
 
 refpefkive treaties between us and other Princes, 
 
 States, and Potentates. In witncfs whereof, we 
 
 have cau fed our Great Seal of Great Britain to be 
 
 affixed to thefe prefents. Given at our Court at 
 
 Kenfington, the 4th day of June, in the year ot 
 
 our Lord 1756, and in the 29th year of our 
 
 reign 
 
 Great 
 
 Seal of 
 Great 
 
 Britain. 
 
 N ./" 
 
 On the receipt of this GommilTion, the Lords 
 of the Admiralty iflue their Warrant to every 
 Court of Vice- Admiralty in the Colonics j of 
 
 which the following is a form : 
 
 T 4 
 
 'M 
 
 M\ 
 
 4 ,. V.I : 
 
 I 
 
 Py 
 
1- i i 
 
 
 t 
 
 i!: 
 
 
 •:i: 
 
 
 \;r 
 
 i^ 
 
 »5 
 
 ill-'' : n 
 
 mm 
 
 
 I 
 
 ^Sq Conftitution of the British Colonies 
 
 By the Comrniffioners for exe^ 
 cueing the Office 'of Lord 
 Jligh Admiral of Great Bri- 
 tain and Ireland, &c, 
 
 WHEREAS his Majefty has declared war 
 againft France, we do, in purfuance of his Ma- 
 jcfty's Corpmiflion ynder the Great Seal of Great 
 Britain, dated the 4rh day of this inft. June (a 
 copy whereof is hereunto annexed) hereby will 
 and require the Vice Admiralty Court of the 
 Leeward Iflands, and the Vice Admiral or his 
 Deputy, or Judge of the faid Court^ or his De- 
 puty now and for the time being, to take cogni- 
 sance of, and judicially to proceed upon all and all 
 manner of captures, feifures, prizes, and reprifals 
 of all ihips and goods already feifed and taken, 
 and which hereafter may be feifed and taken, 
 and to hear ^nd determine the fame \ and accord- 
 ing to the courfc of Admiralty and laws of na- 
 tions, to aqjqdge and condemn all fuch Ihips, 
 yeffels, and goods, as (hall belong to France, or 
 the vaflfals and fubjcfts of the French King, or 
 ■ iny other inhabiting within any of his countries, 
 territories, or dominions, and all fuch other fliips, 
 yefTcls, and goods as arc or Ihall be liable to 
 confifcation, purfuant to the refpedtive treaties 
 between his Majefty and other Princes, States, 
 ^nd Potentates, which fhall be brought before 
 them for trial and condemnation j and for fo do- 
 ing this (hall be their fufficient warrant. Given 
 pndcr our hands and feal of the o(fice of Admi- 
 ralty, this 5th day of June 1756, and in t}ie 29th 
 Vcar of his Majeily's reign. 
 
 ..> ANSON. . 
 
 BATEMAN. 
 
 R. EDGECUMBE. 
 
 Tq 
 
in North America, &c, zH^ 
 
 fo the Vice Admiralty Courts 
 of the Leeward Iflands, and 
 the Vice Admiral or his De- 
 puty, or Judge of the faid 
 Court, or his Deputy now 
 and for the time being. 
 By Command of their Lordlhips, 
 
 J. Cleavland. 
 
 I have not met with any Admiralty proccedt 
 ings in Prize Caufes in print; but here follow 
 fome precedents, which 1 collected when I was in 
 (he Weft Indies j they may be inaccurate in fome 
 refpeds, but, for want of others, I Ihall lay them 
 before the Reader. 
 
 1 would gladly have got fome forms from the 
 praftifers ;n Doftors Commons, and I accord* 
 ingly ufed endeavours for that purpofej bupl di4 
 not fucceed. 
 
 4 Copy of the Proceedings in the Court of Vice Ad- 
 miralty in Antigua^ in the Cafe of a French Veffel 
 find her CargOy that were taken hy an Englifh Pri^ 
 vateer, 
 
 Antigua. At a Couft of Vice Admiralty held 
 for this Ifland, on Wednefday th^ 
 8th day of September 17 56^ 
 
 PRESENT: 
 
 The Hon. Robert Christian, Efq. Judge 
 
 Surrogate. 
 
 The Private Schooner of War,*] proclamation be- 
 
 Mary, Edward Richard^, I ing made, and 
 
 Commander, > the Court called 
 
 againft I and fat, and the 
 
 Schooner, Poiflbn Volant^ J execution of a 
 
 monition duljr 
 jfTued In tjiis caufc being proycd by the 
 
 
 ill''' 
 
 1m 
 
 %' 
 
 lii; : 
 
 I 
 
 til if 
 
 
 i' 
 
 IPm 
 
 
 '3 
 
 ■*~f i 
 
 
 
^82 Conftitution of the British Colonies 
 
 Marfhal of this Court, John Hart, Efqj 
 Advocate for the Libcllant, prayed that 
 the Libel might be read, which was ac- 
 cordingly read in the following words : 
 
 Admiralty. >. ^ '^ 
 
 The Schooner Le Poiflbn Volant, whereof one 
 Gafper was Mafter. 
 
 Edward Richards, Commander of the Private 
 
 Schooner of War, Mary, 
 
 againft 
 The faid Schooner Poiflbn Volant, her Tackle, 
 
 Apparel, and Furniture, and the Goodj 
 
 therein taken and feifc^d. 
 
 Thomas Warner. On which day, Thomas 
 
 Warner, as lawful Proc- 
 tor of the faid Edward 
 Richards, Commander of 
 the faid private Schooner 
 of War the Mary, by all 
 lawful ways and means, 
 and ta all eflPeds of 
 law wh^tfoever, alleged, 
 pleaded, and articulately 
 propounded, as follows: 
 (to wit,) 
 
 « 
 
 I. That on or about the i8th day of May 17^6, 
 war and hoftility was declared by his Majcfty 
 King George the Second againft the French King, 
 his fubje£ls and vaflals, and this was and is true, 
 public, and notorious s and the party proponent 
 
 doth 
 
in North America, tic. 
 
 alj 
 
 doth allege and propound of any other timcj 
 and all and every thing jointly and fcverally. 
 
 2. That the faid Schooner Poiffon Volant, 
 whereof the faid Gafper was Mafter, on or about 
 the 13th of this inftant Auguft, being a French 
 Schooner belonging to the French King, his vaf- 
 fals or fubjefts, was, by the faid private Schooner 
 of War called the Mary, whereof the faid Ed- 
 ward Richards is Commander, taken and feifed 
 as lawful prize, and afterwards carried into the 
 port of St. John in Antigua j and the party pro- 
 ponent doth allege and propound as before. . . 
 
 3. That the faid Schooner Le Poiffon Volant 
 and goods, were and are the fchooner and goods 
 belonging to the French King, his vaflals or fub- 
 jcfls, or others inhabiting within his countries, 
 territories, or dominions, and ought to be con- 
 iifcated, condemned, and adjudged to be good 
 and lawful prize, as being the fchooner and goods 
 of the enemies of the Crown of Great Britain ; 
 and the party proponent doth allege and propound 
 as before. 
 
 4. That all and Angular the premifes were 
 and are true, public, and notorious j and thereof 
 there was and is a public voice, fame, and report, 
 of which legal proof being made, the party pro- 
 ponent prays you Robert Chriftian, Efq-, Judge 
 Surrogate of the faid Court of Vice Admiralty, 
 That right and juftice be duly adminiftcred to 
 him and his party in the premifes 5 and that the 
 faid fchooner, her tackle, apparel, and furniture, 
 and the goods taken therein, be pronounced to 
 belong at the time of the capture of the fame to 
 the French King, his vaflals, fubjefts, or others 
 inhabiting within his countries, territories or do- 
 minions, and as fuch liable and fubjcd to confif- 
 cation, and to be adjudged and condemned as 
 
 and 
 
 .'1 
 
 ■* 
 
 
 till 
 
^84 Conftitution of the British Colonies 
 
 ^nd for good and lawful prize by you, and your 
 definitive fcntence to be given in this behalf. 
 
 Which being read, proclamation was made to 
 (ce if any perfon would come in to claim the faid 
 fchooner, her tackle, apparel, and furniture, and 
 her cargo i but no perfon appearing to claim the 
 fame, the following depofitions taken in prepari' 
 forio were read : 
 
 ANTtouA. 1 Interrogatories admi- 
 
 Jn the Court of Vice I niltered to witnefles in 
 
 Admiralty. J preparatorio^houching and 
 
 concerning the feifure and 
 taking of a certain Schooner, named Prin- 
 ccfs of Orange, alias Flying Fi(h, whereof 
 . Cafparus Wyneburgh was Matter, by the 
 private Schooner of War Mary, whereof 
 Edward Richards is Commander, 
 
 1. Where was you born, and where do yoii 
 (low Jive, and how long have you lived there, 
 and where have you lived for feven years laft pad? 
 are you fubjcft to the Crown of Great Britain^ or 
 of what Prince or State are you a fubjed f 
 
 2. When, where, and by whom was the 
 fchooner and lading, goods and merchandifes, 
 concerning which you are now examined, taken 
 and feifed, and into what place or port were the 
 fame carried? whether was there any refiftance 
 made, or any guns fired againft the faid fchooner, 
 or perfons who feifed and took the fame, and 
 yfhz% and how many, and by whom ? , 
 
 3. 'V^hether was yqu prefept at the time of the 
 taking or feizing the fchooner and her lading, 
 goods and merchandifes concerning which you 
 are now examined, or how and when was you 
 prftmade acgu^inted thereof? whether was the 
 
 '• " ~ - faid 
 
in North America, &c. "285 
 
 faid fchooner and goods taken by a man of war, 
 or a private man of war^ mid to whom did fuch 
 man of war, or private man of war belong ? had 
 they any cdmmifTion to adb as fuch, and from and 
 by whom, and by what particular vcflely or by 
 whom was or were the faid fchooner feized and 
 taken ? to what kingdom, country, or nation did 
 the faid fchooner fo feized and taken belong, and 
 under the colours of what kingdom, country, or 
 nation did fhe fail at the time (lie was fo feized 
 and taken ? was the faid fchooner, which was 
 taken, a man of war, privateer^ or merchant- 
 man ? 
 
 4. Upon what pretence was the faid fchooner 
 feized and taken ? to what port or place was fhe 
 afterwards carried ? whether was (he condemned^ 
 and upon what account, and for what reafon wat 
 (he condemned, and by whom, and by what au- 
 thority was (he fo condemned ? 
 
 5. Who by name was the mafter of the veflcl 
 concerning which you are now examined, at the 
 time (he was taken and feized ? how long have 
 you known the faid mafter ? who 6r(t itppointed 
 him to be mafter of the faid fchooner> and w4ien 
 did he take poflfeftion thereof, and who by name 
 delivered the fame to him ? where is the faid 
 matter's fixed place of habitation with his Wife 
 and family, and how long has he lived there? 
 what countryman is he by birth, and to what 
 Prince or State fubjetft ? 
 
 6. What number of mariners belonged to the 
 faid fchooner at the time (he was taken and feized ? 
 what countrymen are they, and where did they all 
 come on board ? whether had you, or any of the 
 officers or company, or mariners belonging to 
 the faid fchooner or veflT/I, any part, (hare, or in- 
 tcreft in the faid fchooner concerning which you 
 
 % »re 
 
 itii 
 
 :|jf; i 
 
 ''i'ifei '1 
 if/*' M 
 
 '• \i 
 
i%6 ConftitutioH of the British Colonies 
 
 tre now examined, and what in particular, and 
 the value thereof, at the time the laid fchooner 
 was fo taken, or the faid goods feifed ? 
 
 7. Whether did you belong to the fchooner or 
 veflcl concerning which you are now examined, 
 at the time (he was taken and feized P how long 
 had you known her ? when and where did you 
 firft fee her ? of what burthen was (he ? how many 
 guns did ihe carry ? and how many or what num- 
 ber of men did belong to, or were on board the 
 faid fchooner at the time (he was taken, or at the 
 beginning of the engagement before (he was 
 taken? and of what country building was (he? 
 >vhat was her name, and how long had (he been 
 fo called ? whether do you know of any other 
 name (he was called by P and what were fuch 
 names, as you know or have heard ? 
 
 8. Towhat ports and places was the faid fchooner 
 or velTel concerning which you are now exa- 
 mined bound, the voyage wherein (he was taken 
 and feized ? to and from what ports or places did 
 ihe fail the faid voyage before (he was taken and 
 feized ? where did the voyage begin> and where 
 was the voyage to have ended ? what fort of 
 lading did (he carry at the time of her firft fetting 
 out on the faid voyage, and what particular fort 
 of lading and goods had (he on board at the time 
 (he was taken and feized, proceeding upon a law- 
 ful trade ? had (he at that time any, and what 
 prohibited goods on board her ? 
 
 9. Who were the owners of the faid fchooner 
 and ve(rel, and goods concerning which you are 
 now .examined, at the time (he was taken and 
 feized ? how do you know they were the owners 
 of the faid fchooner and goods at that xime P of 
 what nation are they by births and where do they 
 
 live 
 
 m li 
 
in North AMeRfCA, &c. 
 
 287 
 
 live wich their wives and families? and to what 
 Prince or Slate arc they fubjefls ? 
 
 10. Was there any bill of falc made to the 
 owners of ihc faid fchooncr ? in what month or 
 year, and where and before what witneffes was 
 the fame made, and when did you laft fee it, and 
 what is become thereof? 
 
 1 1. In what port or place was the lading, which 
 was on board the fchouner at the time (he was 
 taken and feized, firfl put on board the faid 
 fchooncr ? in what month and year was the lading 
 fo put on board ? what were the feveral qualities 
 and quantities, and particulars thereof? whether 
 were the fame laden and put on board the faid 
 fcnooner in one port, or at one time, or in fe- 
 veral ports and places, and how many by name, 
 and at how many feveral times, and what parti-* 
 culars and what quantity at each port ? who by 
 name were the feveral ladcrs or owners thereof^ 
 and what countrymen are they ? where were the 
 laid goods to be delivered, and for whofc ac* 
 count, and to whom by name did they then 
 really btlong ? 
 
 12. How many bills of lading were figned for 
 the goods feized on board the faid fchooncr ? 
 whether were the fame colourable, and whether 
 were any bills of lading figned, which were of a 
 different tenor with thofe which were on board 
 the faid fchooner at the time (he was feized and 
 taken ? and what were the contents of fuch other 
 bills of lading, and what are become thereof? 
 
 13. What bills of lading, invoices, letters, or 
 any inftruments in writing, or papers, have you 
 to prove your own property, or the property of 
 any other perfon, and of whom in the fchooner 
 and goods, concerning which you are now exa- 
 mined ? produce the fame^ and fet forth the par- 
 
 l ticular 
 
 m\ 
 
"! 
 
 m :•' :' 
 
 
 !■- 
 
 .,,,j.S{.;r'»H' 
 
 188 ConflUution of thi British Colonies 
 
 ticular times when, and how, and in what man* 
 ner, and upon what account, and ^or what con- 
 fideration you became poffefTed thereof ? 
 
 14. In what particular port or place^ and in 
 what degree of latitude were or was the fchooncrj 
 concerning which you are now examined, taken 
 and feized \ at what time, and upon what day of 
 (he months and in what year, was or were the 
 faid fchooner fo taken and feized ? 
 i 15. Whether was there any charter party figned 
 for the voyage, wherein the fchoonery concern- 
 ing which you are now examined, was tak^n and 
 feized ? what is become thereof? when, where, 
 and between whom was the fame made? what 
 were the contents thereof? 
 ,16. What papers j bills of ladings letters, or 
 other writings, any way concerning or relating to 
 the fchooner concerning which you are now exa- 
 mined, were on board the faid fchooner at the 
 time oi the feizure of the faid fchooner ? were 
 any of the papers thrown overboard by any per-i 
 fon, and whom, and when, and by whofe orders? 
 17. What lofs or damage have yo^ fuftained, 
 by reafon of the fe izing and taking of the faid 
 fchooner concerning which you are now exa-* 
 mined \ to what value does fuch lofs or damages 
 amount ? and how and after what manner do you 
 compute fuch lofs and damage ? have you re- 
 ceived any and what fatisfadion for fuch the lofs 
 and damage which you have fuftained, and when 
 and from whom did you receive the fame ? 
 
 A^7TIGtfA. 
 
in North America, &c. 
 
 Q89 
 
 .\ 
 
 Antigua. 
 
 In the Court of Vice Admiralty 
 
 The Examination of Witnesses touching the 
 Seizure of the Schooner Poiflbn Volant, and 
 the Goods and Merchandifeson board her, made 
 by the private Schooner of War Mary, Ed- 
 ward Richards Commander. 
 
 To the I ft Interrogatory, this Deponent faith. 
 That he was born in Genoa, and that he is a fub- 
 itdof that republic, and a mariner j that he has 
 no particular place of refidence, but is employed 
 fomctimes by one nation, and fometimes by 
 another, wherever he can get a livelihood. 
 
 To the ad Interrogatory, this Deponent faith. 
 That the fchooner Le Poiflbn Volant, con- 
 cerning which he is now examined, was feized 
 and taken by ^the private fchooner of war Mary, 
 on Friday the 13th of this inft. Auguft, within a 
 reef near the Ifland of Gu?daloupe •, and that 
 the faid fchooner, fo feized and taken, was 
 brought into the port of St. John's in the Ifland 
 of Aritigu^.; and this Deponent further faith, 
 there was no reflftance made by the faid fchooner 
 which was fo taken and feized. . 
 
 To the 3d Interrogatory, this Deponent faith. 
 That he was one; of the mariners on board the faid 
 Schooner Le Poiflbn Volant, at the time flie was 
 fo feized and taken 5 and that the Schooner L^e 
 Poiflbn Volant, as this Deponent believes, is 
 owned by Monf. Morcau of St. Euftatius, who 
 this Deponent believes is a Frenchman : and this 
 Deponent faith, that the lading on board was 
 taken in at Guadaloupe, and confifts of fugar, 
 ginger, and cofFjce and farine^ and is, as this De- 
 ponent believes, the returns of a cargo tlie faid 
 
 U fchooner 
 
 1 
 
 t<. 
 
 1; 
 
 
#11 H 
 
 
 290 Conftitution tf/ /i&tf Br it i sh Colon i es 
 
 fchooner carried up from St. Euftatia to Guada- 
 daloupe : and this Deponent faith. That at the 
 time the faid Schooner Le Poi (Ton Volant was 
 taken, fhe had no colours hoiiled % but that be- 
 fore (he was boarded (he hoifted Dutch colours. 
 
 To the 4th Interrogatory, this Deponent faith, 
 That the maftcr of the faid Schooner Le Poiflbn 
 Volant, at the time (he was taken, was a Dutch- 
 man named Gafper, and that he is a Creole of 
 Curacow, and generally lives at St. Euftatia, and 
 took poffeflion of the faid fchooner at St. Eu- 
 ftatia. 
 
 ' .. To the 5th Interrogatory, this Dciponent faith, 
 That there were feven mariners belonging to the 
 faid Schooner Le Poidon Volant, including the 
 faid Mafter, viz. two Portuguefe, one French- 
 man, two Spaniards, and the faid Ma(ter, and 
 this Deponent, and a free Negroe j and this De- 
 ponent faith, that he was no way concerned in the I 
 faid Schooner Le Poi(rant Volant, or her lading. 
 
 To the 6th Interrogatory, That the Schooner 
 Le Pdi(ron Volant, has been always called by that | 
 name, ever fince he has been aboard her, and 
 that (he was hailed by that name, and anfwered 
 to it as fuch; and does not know (he was ever | 
 called by any other name. 
 
 To the 7th Interrogatory, this Deponent faith, I 
 That the faid Schooner Le Poi(ron Volant was 
 to return to St. Euftatia, after (he had taken in 
 her lading at Gaudaloupe, and that the lading (he 
 carried to Guadaloupe confifted of mackrel and 
 fait fi(h } and at the time fuch fchooner was taken,) 
 ihe had no prohibited goods on board. 
 
 To the 8th Interrogatory, fays. He knows of nol 
 
 bills of lading that were figned (or the goods and 
 
 merchandifes now on board the Schooner Le| 
 
 Poi(ron Volant. 
 
 Tal 
 
in i^oRTH Am£rica> &c. 
 
 a^t 
 
 To the 9th Interrogatory, fays. He experts to 
 lofe nothing but his wages, if the vcffel be ad- 
 judged ai lawful prize. 
 
 The Mark of 
 Sworn before me this + 
 
 16th of Auguft 1756, JOSEPH LOPEZ. 
 by the interpretation of 
 Peter Guichenet, 
 
 Robert Christian* 
 
 To the I ft Interrogatory, this Deponent fays. 
 He was born at Bourdeaux, and is a fubjed of 
 the French Kings and is a mariner, and hath 
 ufed the fea for about fix years. 
 
 To the 2d Interrogatory, That the fchooner 
 and lading concerning which he is now exa- 
 mined, were feifed and taken by the private 
 fchooner of war Mary, on Friday the 13th inft. 
 within a reef near Guadaloupe ; and that fuch 
 fchooner, fo taken, was brought into the harbour 
 of St. John ] and fays there was no refiftance 
 made by fuch fchooner at the time fhe was taken. 
 
 To the 3d Interrogatory, fays. He was one of 
 the mariners on board the faid fchooner fo taken, 
 at the time (he was fo feized and taken j and that 
 the lading now on board her, confifts of fugar, 
 coffee, ginger, and farine, and was taken in ac 
 Guadaloupe ; and that when (he was boarded, fhe 
 had Dutch colours hoifled, and at the time (he 
 brought to. 
 
 To the 4th Interrogatory, fays. The Mafter of 
 the faid fchooner fo taken was a Dutchman 
 named Gafper, and believes he is a Dutchman. 
 
 To the 5 th Interrogatory, fays. There were 
 feven mariners on board the fchooner fo feized 
 and taken, including the Mafter, two of which 
 
 U a were 
 
 ">: ii 
 
 Ml! 
 
 hr. ■ Hi 
 
 :^' 
 
 4F\i- 
 
 n- V 
 
 
 i * ' 111 
 
 iii' 
 
 .Ii. 
 
 f i 
 
 fet.iMr . 
 

 m 
 
 r 
 
 
 292 Conjliiution of the British Colonies 
 
 were Portuguefe, one Frenchman, two Spaniards, 
 and the Mafter, and a Genoefc. 
 
 To the 6th Interrogatory, fays. The faid fchooner 
 fo feized and taken has, ever (ince he has been 
 aboard her, which is about a month, been called 
 by the name of Le Poiflbn Volant, and has been 
 always hailed by that name, and anfwered to fuch 
 name ; and does not know Ihe was ever called by 
 any other name. 
 
 To the 7th Interrogatory, fays, The faid 
 fchooner Le Poiflbn Volant -was to return to St. 
 Euftatia, after flie had taken in her lading at 
 Guadaloupe; and fays the fame fchooner took 
 aboard at Guadaloupe, a trunk belonging to fome 
 of the inhabitants of that Ifland to be carried to 
 another place in that Ifland, which trunk was 
 aboard at the time of the capture i and that at 
 fuch tim«e flie had no contraband goods aboard: 
 And this Deponent fays. That at, the time of the 
 capture, fuch fchooner had not completed her 
 lading, but was going to Grand.Ance in Guada- 
 loupe, to take in Ak hogflieads of fugar, which 
 would have compkted her lading. 
 
 To the 9tli Interrogatory, fays. He cxpefls to 
 lofe nothing but his wages, if the veffel be ad- 
 judged as lawful prize. 
 
 Sworn before nrie this i6th of 
 Auguft 1756, by the inter- 
 pretation of Peter Guich- 
 
 ENET. 
 
 Robert Christian:. 
 
 The mark of 
 
 + 
 JEAN ANDRL 
 
 To the ifl: Interrogatory,, this Deponent faith. 
 That he was born in the Province of Bifcay in 
 France, and is a fubjcdt of the French King^ and 
 
 that 
 
 
in North America, &c. 
 
 293 
 
 that he has no particular place of rcfidence, his 
 employment being a mariner. 
 
 To the 6th Interrogatory, fays. The fchooner 
 Lc Poiflbn Volant, concerning which he is now 
 ciamined, has been ufually called by that name s 
 but that Monf. Moreau told this Deponent flie 
 was called the Princefs of Orange. 
 
 To the 7th Interrogatory, fays. The fchooner 
 Le Poiflbn Volant took in a trunk at Lamantin 
 in Guadaloupe, which was to be delivered ac 
 Grand Ance in the faid Ifland j which trunk was 
 aboard at the time flie was feized and taken by 
 the fchooner Mary. 
 
 To the 8th Interrogatory, fays. That he was a 
 mariner aboard the fchooner Le Poiflbn Volant 
 ac the time flie was taken ; and that flie was 
 owned by a French nrierchant in Guadaloupe^ 
 whofe name he does not recolleift, fome time be- 
 fore the feizure thereof 5 and that the lading now 
 aboard was taken in at Guadaloupe, and confifl:s 
 of fugar^ ginger, coffee and farine, and believes 
 the fame is the returns for a cargo fent up from 
 St. Eudatia to Guadaloupe. 
 
 To the 9th Interrogatory, fays. He expedls to 
 lofe nothing but his wages, if the fchooner Le 
 Poiflbn Volant be adjudged as lawful prize. 
 
 Sworn before me this 16th The mark of 
 
 of Augufl: 1756, by the + 
 
 interpretation of Peter Jean De la Croix^ 
 
 GuiCHENET. 
 
 There were alfo produced and read the follow- 
 ing Exhibits : 
 
 Antigua. — In the Court of Vice- Admiralty. 
 
 James King of the Ifland of Antigua, fecond 
 Lieutenant on board the private fchooner of war 
 
 U 3 Mary, 
 
294 Conftitution of the British Colonies 
 
 Mary, being duly fworn upon the Holy Evangc- 
 lifts of Almighty God, maketh oath. That the 
 papers now produced and delivered to Robert 
 Chriftian, Efqj Judge Surrogate of the Court of 
 Vice-Admiralty of the faid Ifland, are all the 
 papers that were on board the fchooner Le Poiffon 
 Volant at the time (he was feized and taken by 
 the faid private fchooner of war Maryj which 
 papers were delivered to this Deponent by the 
 Mafter of the faid fchooner at the rime he went 
 on board her, when fhe was feized and taken by 
 the faid private fchooner of war Mary. 
 
 Sworn before me this 14th JAMES KING. 
 
 Auguft 1756. 
 
 Robert Christian. 
 
 Antigua. — In the Court of Vice- Admiralty. 
 
 The Affirmation of Jonathan Atkinfon, touch- 
 ing the ownerlhip of the Poiffon Volant, or 
 the Princefs of Orange, taken and feized 
 by the private fchooner of war Mary, Ed- 
 ward Richards Commander. 
 
 Jonathan Atkinson of the Ifland of Antigua, 
 merchant, being one of the people called Quakers, 
 doth folemnly declare and affirm, That on the 
 twenty-Hrft inflant, this Deponent was at the 
 Ifland of St. Euftatia, in company with Mr. 
 Moreau of St. Euftatius, and this Affirmant then 
 congratulated him, in a jocular manner, of a 
 fchooner of his named the Poiffon Volant, or the 
 prince of Orange, being taken by -yn Engliih 
 privateer, owned by Mr. John Ycamans and others, 
 and carried into the Ifland of Antigua j upon 
 which Mr. Moreau told this Affirmant, that he 
 did not own the faid fchooner Poiffon Volant, or 
 Jprincefs of Orange, though he heard Ihc had 
 
 been 
 
in North America, &c. 
 
 295 
 
 been fathered upon him j nor was he then any 
 way concerned in the faid fchooner : and this Af- 
 firmant further faith. That the faid Moreau told 
 him, this Affirmant, that the loading of the faid 
 fchooner Poiflbn Volant, might be configned to 
 the faid Moreau by Frenchmen ; but that he did 
 not know it was. 
 
 JONATHAN ATKINSON. 
 Affirmed to before me this 24th 
 day of Auguft 1756, 
 
 Robert Christian. 
 
 In the Court of 
 Vice- Admiral- 
 ty- 
 
 The private fchooner of war 
 the Mary, 
 
 ' againfl: 
 
 The fchooner Lc Poiflbn Vo- 
 lant, and her cargo, &c. 
 
 Antigua. ^ 
 
 Miles Burke, late of the Ifland of St, 
 Euftatia, but now of the Ifland of Antigua, mer- 
 chant, being duly fworn on the holy Evangel ifts of 
 Almighty God, depofeth and faith. That he lived 
 in St. Euftatia for fome years paft, and is well ac- 
 quainted with Meflrs Moreau and Marcells of the 
 fame place, merchants and partners in trade j and 
 faid, that not long fince he had a call to Antigua 
 on the bufinefs, where he refides at prefent, and 
 being informed that the fchooner Le Poiflbn Vo- 
 lant, which he knew by the name of the Princels 
 of Orange in St. Euftatia, was brought into this 
 Ifland by the privateer fchooner called the Mary ; 
 and being alfo informed that the fame fchoone!r 
 Le Poiflbn Volant, otherwife the Princefs of 
 Orange, belonged to the faid Meflrs Moreau and 
 Marcells, he wrote them word to St. Euftatia, 
 that their faid fchooner was brought in here as a 
 prize, that they might come up to claim her if 
 
 U 4 they 
 
 f/?'' 
 
 ^■1^ 
 
 'M' 
 
 ^^■',l 
 
296 Conjlitution of the British Colonies 
 
 they thought proper, as fubjefts to the States 0^ 
 Holland 5 and faith. That he received an anfwer 
 thereto, the letter marked (A) now produced to 
 him. And further dcpofeth, That he hath often 
 feen the hand-writing of the faid Moreau, in the 
 way of bnfinefs in St. Euftatia ; and believes that 
 the names Moreau and Marcells, fubfcribed to 
 the faid letter marked (A) directed to this Depo- 
 nent, and received by him as aforcfaid, are of the 
 proper hand-writing of the faid Mr. Moreau. And 
 further depofeth. That the paper-writing marked 
 (B) produced to him at the fame time, importing 
 to be a letter, but without any dircdlion, was in- 
 clofcd in the faid letter marked (A) contained, and 
 defired to be delivered to the Dutch fchooner for- 
 merly called the Princcfs of Orange; by which poft- 
 fcript this Deponent fuppofes it is intended, that he 
 Ihould deliver it to thJ^ Captain of the faid prize 
 fchooner, whofe name is Gafper, as this Deponent 
 hath heard and believes. 
 
 MYLES BURKE. 
 Sworn before q;ie Auguft 
 
 Robert Christian. 
 
 "if 
 
 (In the original here followed the letters of 
 Moreau, and Moreau and Marcell, which it is 
 ufelcfs to infcrt.) 
 
 ALL which having been read and confidered, 
 his Honour the Judge proceeded to pronounce 
 the following fentence : 
 
 Inthe Name ofGod, Amen. IRobertChriflian, 
 Judge Surrogate ofthe Court of Vice- Admiralty of 
 the Ifland of Antigua, being fpecially conftituted 
 and appointed to hear and determine all and all 
 
 manner 
 
in North America, &c. 
 
 297 
 
 manner of caufcs and complaints, as to fliips 
 and goods feized and taken as prize, having fcen, 
 heard, and underftood, and fully and maturely 
 difcuilcd the merits and circumftances of a certain 
 bufinefs of taking and fcizing a certain fchooner 
 named Le Poiflbn Volant, whereof Gafper was 
 mafter, her tackle, apparel and furniture, and the 
 goods taken therein by a private fchooner of war 
 called the Mary, whereof Edward Richards was 
 Commander, by virtue of a Commiflion or Letter 
 of Marque lawfully granted to the faid Edward 
 Richards, and brought into the port of St. John's 
 in the IQand of Antigua, which was lately and is 
 (till depending before me, on the part and behalf 
 of the faid Captain Edward Richards, againfl: the 
 faid fchooner Le Poiflbn Volant, her tackle, ap- 
 parel and furniture, and the goods taken therein, 
 and againft all perfons in general, 'who have or 
 pretend to have, any right, title, or interefl in 
 the faid fchooner Le Poiflbn Vjlant or goods; 
 and I rightly and duly proceeding therein, and 
 the faid Captain Edward Richards appearing be- 
 fore me by his prodlor Thomas Warner, who 
 prayed fentence to be given, and juftice to be 
 done to his party, and all others in general having, 
 or pretending to have, any right, title, or interefl: 
 in the faid fchooner Le Poiflbn Volant or goods, 
 being duly and legally cited, intimated, called, 
 and not appearing, but contumacioufly abfenting 
 themfelves, and pronounced contumacious, in 
 pain of the contempt of the parties cited and not 
 appearing, having firfl: enquired into and duly 
 conlidered the whole proceedings had and done 
 before me in the faid bufinefs j and having ob- 
 ferved what by law ought to be obferved in this 
 behalf, have thought fit, and do think fit thus to 
 proceed tp the giving and promulging of my de- 
 finitive 
 
 H' 
 
 i<f> 
 
 1% :- 
 
 m 
 
* i 
 
 i\ ;i ! 
 
 6i J 
 
 '.V 
 
 at 
 
 298 Conflitution of the British Colonies 
 
 finitivc fencenccj or final decree in the faid bufi. 
 nefsy in manner and form following : (that is to 
 fay,) Forafmuch as I have, by the afts alleged, 
 pleaded, propounded, and proved in the faid bu- 
 finefs, found and clearly difcovered, that the 
 prodtor of the faid Edward Richards, hath fuffi- 
 ciendy founded his intention deduced in a certain 
 allegation given and admitted on his behalf in 
 the faid bulinefs, and now remaining in the re- 
 giftry of this Court j which faid allegation, and 
 other matters propounded, exhibited, and admit- 
 ted, I take and will have taken, as if here read 
 and infertcd for me, to pronounce for the con- 
 demnation of the faid fchooner Le Poiffon Volant, 
 her tackle, apparel, and furniture, and the goods 
 in the fame, as the fchooner and goods belonging 
 to the French King, his vaffals or fubjefls, or 
 others inhabiting within any of his countries, ter- 
 ritories, or dominions, enemies of the Crown of 
 Great Britain, as hereafter mentioned : Therefore 
 I Robert Chriftian, Judge Surrogate, firll calling 
 upon the name of Christ, and having God alone 
 before my eyes, and having heard learned Counfd 
 in the law thereupon, do hereby pronounce, de- 
 cree, and declare. That the faid fchooner Le 
 Poiflbn Volant, whereof the faid Gafper was ma- 
 iler, and her tackle, apparel, and furniture, and 
 the goods taken therein, were rightly and duly 
 taken and fcized by the private fchooner of war 
 called the Mary by virtue of the faid Letter of 
 Marque granted to the faid Edward Richards; 
 and that the faid fchooner Le Poiffon Volant, 
 her tackle, apparel, and furniture, and the goods 
 taken therein did, at the time of the capture and 
 feizure thereof (as far as appears to me) belong 
 to the French King, his vaffals or fubjefts, or 
 others inhabiting within his countries, territories, 
 • 4 or 
 
 
in North America, Sec, 
 
 299 
 
 or dominions, enemies of the Crown of Great 
 Britain, and as fuch ought to be accounted and 
 reputed liable and fubjedt to a conBfcation, and 
 to be adjudged and condemned as and for good 
 and lawful prize to the faid Captain Edward 
 Richards ; and I do adjudge and condemn the faid 
 fchooner Le Poiflbn Volant, her tackle, apparel, 
 and furniture, and the goods therein taken, as 
 and for good and lawful prize to the faid Edward 
 Richards, as being a fchooner and goods of the 
 enemies of the Crown of Great Britain, or other- 
 wife liable to confifcation, by this my definitive 
 fcntcnce or final decree, which I read and pro- 
 mulge by thcfc prefcnts. 
 
 Copy of the Proceedings in the Court of Vice^Admi- 
 rally '.. Antigua^ in the Cafe of a Britifh Veffel 
 that was taken by the French^ and afterwards re^ 
 taken by two Englifh Ships of War, 
 
 At a Court of Vice- Admiralty held for this 
 Ifland, on Tuefday the 31ft day of Auguft 
 
 1756, 
 
 PRESENT: 
 
 The Honourable Robert Chriftian, Efqj Judge 
 
 Surrogate. 
 
 His Majefty's (hip of war\ Proclamation being 
 
 Edinburgh, William 
 Langdon, Efqj Com- 
 mander; HisMajefty's 
 ihip Augufta, John 
 Wickham, Efqj Com- 
 mander ; 
 
 againd 
 The fchooner Betty, and 
 her lading. 
 
 made, and the Court 
 called and fat^ Tho- 
 mas Warner, Efq; 
 \ Advocate for the Li- 
 / bellants, and prayed 
 that the Libel might 
 be read, which was 
 accordingly read in 
 the words and fi- 
 gures following : 
 
 Antigua. 
 
 :m 
 
 Iflli'V r 
 
 % 
 
 
I , 
 
 :'ii 
 
 slid 
 
 300 CcjiJlUution of the British Colonies 
 
 Antigua. 1 iv/t \ .l t 1 
 
 In the Court of Vice- [ M°"day the 30th day of 
 
 The fchooncr Betty, whereof James Nichols 
 was mafter, — William Langdon, Efq; Com. 
 mandtr of his Majefty's fhip of war called 
 the Edinburgh ; and John Wickham, Efq; 
 Commander of his Majefty's (hip Auguftai 
 
 againft 
 
 The faid Schooner, her Tackle, Apparel, and 
 Furniture, and the goods therein taken and 
 I'eized. 
 
 On which day Thomas Warner, as law- 
 ful Prodlor of the faid William Lang- 
 don, Commander of the faid (hip of 
 war the Edinburgh, and of the faid 
 John Wickham, Commander of the 
 faid (hip of war Augufta, by all law- 
 ful ways and means, and to all efftfts 
 of law whatfoever, alleged, pleaded, 
 and articulately propounded as fol- 
 lows (to wit) J 
 
 1 ft. That on or about the 1 8 th day of May 1 756, 
 war and hoftilities were declared by his Majelty 
 King George the Second, againft the French King, 
 his fubjeds and vaflals, j and this was and is true, 
 public and notorious j and the party proponent 
 doth allege and propound of any other time, and 
 all and every thing jointly and f^verally. 
 
 2d, That the faid fchooner the ^etty, whereof 
 the faid James Nichols was mafter, on or about 
 the 26th day of this inftant Auguft, being a French 
 fchooner, belonging to the French King, his vaf- 
 fals or fubjecfts, was, by the faid fhip of war called 
 the Edinburgh, whereof the faid William Lang- 
 
 <ion 
 
in North America, &c. 
 
 301 
 
 don is Commander, and the faid (hip of war Au- 
 oulia, whereof the faid John Wickham is Com- 
 niander, taken and feized as lawful prize, and 
 afterwards carried into the port of St. John's in 
 Antigua J and the party proponent doth allege 
 anil propound as before. 
 
 3d. That the faid fchooner and goods were and 
 are the fchooner and goods belonging to the 
 French King, his vaUTals or fubjeds, or others in- 
 habiting within his countries, territories, or do- 
 minions, and ought to be confifcated, condemned, 
 and adjudged to be good and lawful prize, as be- 
 ing the fchooner and goods of the enemies of the 
 Crown of Great Britain j and the party proponent 
 doth propound and allege as before. 
 
 4th, That all and Angular the prcmifles were 
 and are true, public, and notorious, and thereof 
 ihere was and is a pubU<: voice, fame, and report, 
 of which legal proof, being made, the party 
 proponent prays you, Robert Chriftian, Efq; 
 Judge Surrogate of tli^e Court, of Vice- Admiralty, 
 iield for Antigua aforefaid, that right and juftice 
 be duly adminirtpred tp I?im and his party in the 
 premiues i and that thS faid fchooner, her tackle, 
 apparel, artd furniture, and the goods taken there- 
 in, be pronounced to belong, at the time of the 
 Capture of the ftme, to the French' King, his 
 vafTals, fubjefts, or others inhabiting within his 
 countries, territories, or dominions, and as fuch 
 liable and fubjeft to confifc^tion, and to be ad- 
 judged and condemned <as and for good and law- 
 ful prize by you, and your definitive fentencc to 
 be given in this behalf. . 
 
 The Libel being read, proclamation was made, 
 to fee if any perfon woxild come in to clain;i the 
 laid fchooner, her tackle, apparel and furniture, 
 
 and 
 
 '■ f.v. 
 
 ':li. 
 
 \ '■ 
 
 
 1 
 

 ^ 11 :1k 1' 
 
 I* i 
 
 , r ; 
 
 #i 
 
 
 "JE^ 
 
 201 CGnflitution of the B r itish Colonies 
 
 and lading; and Charles Wager Man,Erqj comin» 
 in according to the faid proclamation, interpoftd 
 the following clainn, as prodor of Andrew Lcfsly 
 the younger, of the faid Ifland, merchant, on be- 
 half of Henry Baker and Richard Patten of| 
 Charleftown, in the Province of Maryland, mer- 
 chants, fole owners of the faid fchooner, andalfo' 
 on behalf of the feveral owners of the goods taken | 
 therein, which he prayed might be read, 
 
 'Antigua. — In the Court of Vice- Admiralty. 
 
 t- Williarn Langdon, Efqj Commander of his 
 3nw.i Majcfty's Ihip Edinburgh, and John Wick- 
 
 ham, Efqj Commander of his Majefty's 
 31 J Augulta i ^ 
 ^ ' againft 
 
 The fchooner Betty, her Tackle, Apparel, and | 
 Furniture, and her Ladihg. 
 
 Cha«. W. Man. 
 
 The Claim of Ahdfcw" Lcfsly tl>e younger, of the 
 faid Ifland, merchant, for and on behalf of | 
 Henry Baker and Richard Patten of Charlef- 
 town, in the Province of Maryland, merchants,! 
 fole owrlers of the faid fchooner Betty, and alfo 
 for and on behalf of the feveral owners of the] 
 goods therein taken. 
 
 The faid Andrew Lefsly the younger doth, on! 
 behalf of Henry Baker and Richard Patten, fole] 
 owners of the faid fchooner Betty, now under pro- 
 fecution, claim the faid fchooner, with her tackle,! 
 apparel, and furniture j and alfo claim her cargo,! 
 confiding of one hundred and thirty barrels of 
 flour, and fifty-two barrels of fifli> for and on be- 
 half of the faid Henry Baker, Hanfey Dolph, 
 
 John Rufdcn Reid, and Thomas Palmer, all of 
 
 the 
 
 .fl 
 
in North America, &c. 
 
 303 
 
 the Province of Maryland aforefaid, as owners 
 thereof} and that he hath been informed, and 
 believes, that the faid fchooner Betty, with her 
 tackle, apparel, and furniture, are the property of 
 the faid Henry Baker and Richard Patten, and 
 that the faid cargo of flour and fifh is the pro- 
 perty of the faid Henry Baker, Hanfey Dolph, 
 Joha Rufden Reid, and Thomas Palmer : where- 
 fore the faid Andrew Lefsly the younger prays. 
 That the faid fchooner Betty, and her tackle, 
 apparel, and furniture, and her faid cargo of flour 
 and fifh, may be adjudged to be refliored to him 
 for the benefit of the faid feveral owners, accord- 
 ing to their refpedive interefl:s and properties 
 therein, upon his paying to the captors thereof 
 fuch falvage as, by the Ad of Parliament in fuch 
 cafe made and provided, is dire6):ed to be paid. 
 
 ANDREW LESSLY, jun. 
 
 Sv^orn this jift day of Auguft 
 1756, before mc 
 
 lloBERT Christian. ' 
 
 Which being read, the following Depofitions 
 taken on the part of the Libellants, were ordered 
 to be read : 
 
 Antigua. — In the Court of Vice- Admiralty. 
 
 PERSONALLY appeared John Lindfay, maf- 
 ter's mate of his Majefty's fliip the Edinburgh, 
 and being duly fworn upon the Holy Evange- 
 lifts of Almighty God, maketh oath. That the 
 papers now produced by this Deponent, and de- 
 livered to Robert Chriflian, Efq; Judge Surrogate 
 of the faid Court of Vice-Admiralty, are all the 
 papers that were found on board the faid fchooner 
 
 Betty, 
 
 U I 
 
 h 
 
if 
 
 mi 
 
 T1 ' ,. 
 
 '']«i 
 
 J04 Conjiituimi of the British Colonies 
 
 Betty, John Nichols mailer, at the time ihe was 
 taken by his Majcfty's faid fhip Edinburgh. 
 
 JOHN LINDSAY. 
 Sworn before me this 30th 
 Auguft 1756. 
 
 Robert Christian. 
 
 1m: 
 
 Antigua, 
 
 In the Court of Vice- 
 Admiralty. 
 
 The Examination of Jeait 
 BoucHE, touching the 
 recapture of the fchooner 
 Betty, and her Lading, 
 by his Majefly's ihip 
 Edinburgh. 
 
 THIS Deponent being duly fworn on the Holy 
 EvangelilVs, depofeth and faith, That he was born 
 at Martinique, and that he is a fubjed of the 
 French King : And this Deponent further faith, 
 That on Tuefday the twenty-fourth inftant, about 
 half an hour after eleven o'clock .at noon, the 
 fchooner Betty and her lading, concerning which 
 he is now examined, were tak?n by Lcs Deux 
 Amis, a French privateer, commanded by Mi- 
 chael Revolt, belonging to the Iflan4 of Marti- 
 rniquc, to the northward of Antigua, about a mile 
 and a half diftant from the land 5 and that this De- 
 ponent was put on board the faid fchooner, and 
 was carrying her to Guadaloupe ; And this De- 
 ponent faith. That about feven o'clock in the 
 morning of the twenty-fixth inftant, the faid 
 fchooner Betty, and her lading, concerning which 
 he is now examined, were retaken by his Majefty's 
 Ihip the Edinburgh, William Langdon, Efq; 
 Commander, in fight of Guadaloupe : And this 
 Deponent further faith. That the printed paper 
 now produced and Ihewn to him, marked ittter 
 
 .■ (A), 
 
 9 
 
-i 
 
 ifs North America, &c. 305 
 
 (A), is a true copy of the CommifTion of the faid 
 privateer Les Deux Amis. 
 
 Sworn before me the 30th J. BOUCHE. 
 
 Auguft 1756. 
 
 Robert Christian. 
 
 (The printed paper marked letter (A), and re- 
 ferred to in the foregoing Depofition i and 
 the Copy of the French privateer's Com- 
 mifTion^ are not neceiTary to be fet out.) 
 
 Then were alfo read the following Depofitions, 
 taken on the part of the Claimant : 
 
 Antigua. 
 
 In the Court of Vice- Admiralty. 
 
 John Wickham, Efqj Commander of his Ma- 
 jefty's (hip Augufla, and William Langdon^ 
 Efq; Commander of his Majefty's (hip Edin- 
 burgh 5 
 
 AGAINST 
 
 The fchooner Betty, her Tackle, Apparel, and 
 Furniture. 
 
 The Claim of Andrew Lefley the younger, of 
 the faid IQand merchant, for and on behalf 
 of Henry Baker and Richard Patten of 
 Charledown, in the Province of Maryland, 
 merchants, folc owners of the faid fchooner 
 Betty, and alfo for and on behalf of the feveral 
 owners of the goods taken therein. 
 
 The depofitions of Ifaac Dunftan and Alexander 
 Walker, mariners, taj^en before the Ho- 
 nourable Robert Chriftian, Efq; Judge Sur- 
 rogate of his Majefty's Court of Vice- Ad- 
 miralty of the faid Ifland, concerning the 
 capture and recapture of the faid fchooner 
 
 X called 
 
 i?"" 
 4 
 
 J.' ^ 
 
 1' 
 
 MM'V f 
 
 
 
 li' 
 
 I 
 
 ' r 
 
 I* 
 
 n 
 
 tuLi' 
 
 m^ 
 
 
 h 
 
 ;i '1 1" 
 
 m 
 ii 
 
 'i\ 
 
 1 1 
 
 1 ' 
 
 
 I : 
 
 
 
 
 m 
 
 fi 
 
 11; 
 
 f] 
 
 n' 
 
 m 
 
Ml ■ 
 
 £'& 
 
 il-^-i 
 
 306 Conllitution of the British Colonies 
 
 called the Betty, lately retaken from the 
 French by John Wickhain, Efq; Commander 
 of his Majefty's fhip Augufta 5 and William 
 Langdon, Efq; Commander of his Majefty's 
 (hip Edinburgh, and brought into the har- 
 bour of St. John in Antigua, and now under 
 profecution in the faid Court of Vice-Ad- 
 miralty held for Antigua. 
 
 The faid Deponents being duly duly fworn on 
 the Holy Evangelifts of Almighty God, feverally 
 make oath, That the faid fchooner Betty, belong- 
 ing to Henry Baker and Richard Patten, refident 
 merchants in Charleftown, in the Province of 
 Maryland, failed from Charleftown aforefaid about 
 the latter end of July laft, being laden with one 
 hundred and thirty barrels of flour, and fifty-two 
 barrels of fifh ; and that the faid Henry Baker and 
 Richard Patten arc the fole owners of the faid 
 fchooner : that eight barrels of fi(h on board her 
 belong to the faid Henry Baker, and the other 
 forty-four barrels belong to one Hanfey Dolph, 
 an inhabitant of Maryland : that eighty-feven 
 barrels of flour on board belong to John Rufdcnj 
 thirty one barrels of flour to one Reid, a mer- 
 chant in Maryland ; and the remaining twelve 
 belong to one Thomas Palmer j and that the faid 
 fchooner Betty was commanded by James Nichols, 
 to whom the faid fchooner and her cargo was con- 
 figned 5 and thefe Deponents fay. That all and 
 every the above-named perfons are fubjefts to the 
 Crown of Great Britain j and thefe Deponents 
 further fay> that they were bound for this Ifland 
 of Antigua, and on the twenty-fourth day of this 
 inftant Auguft, about noon, the faid fchooner was 
 taken by a French privateer floop, mounting 
 twelve carriage guns : th«lt the Frenchmen took 
 
 the 
 
Sit North America, &c. 
 
 30? 
 
 the Captain, and all the vcflers papers, one ma- 
 riner, and a paffcnger, on board the privateer^ 
 and left thefe Deponents on board the fchooner^ 
 and that the faid I'chooner was retaken on the 
 twenty-fixth day of Auguft inft. by his Majefty's 
 Ihips Augufta and Edinburgh, ofFDefeada, hav- 
 ing then on board the faid fchooner fix French- 
 men, and thefe Deponents j and that the faid 
 fchooner was brought into the Road of St. John, 
 where Ihe now lays. 
 
 The mark of + ISAAC DUNSTAN, 
 The mark of q ALEX. WALKER. 
 
 Sworn this 31ft day of Auguft, 
 1^-56, before me, 
 
 RoBT. Christian. 
 
 All which having been read, and duly Weighed 
 and confidered, his Honour the Judge did, and 
 hereby doth declare. That the faid fchooner 
 Betty, and her lading, doth belong to his Ma- 
 jefty's fubjeds, and that the fame fchooner and 
 her lading were taken upon the 24th day of Au- 
 guft inft. by the French Ihip of war Les Deux 
 Amis, and were retaken by his Majefty's fhips 
 Edinburgh, William Langdon, Efq; Commander, 
 and Augufta, John Wickhaqci, Efq; Commander 1 
 therefore his Honour doth hereby adjudge and 
 pronounce as his definitive fentence, that the faid 
 ichooner Betty and her lading be reftored to the 
 iaid Andrew Lefsly, on jjehalf of the owners 
 thereof, and that the faid Andrew Lefsly do pay 
 to William Langdon, Efq; and John Wickham, 
 Efqj one-eighih part of the true value of the faid 
 fchooner and her lading, ft'^e from all deductions 
 whatever, to b€ diftcibutcd as direded by his 
 Majefty's Proclamation j and for the better afcer- 
 
 X 2 taining 
 
 ifiVl 
 
 ,'t 
 
3o8 Conftitution of the British Colonies 
 
 taining the value thereof, the Captors and 
 Claimants are to appoint each an Appraifer 
 to be approved of by this Court, and a Writ of 
 Appraifcment is to ifluc for that purpofe, and 
 the faid Claimant is to pay all cods to the Re- 
 captors, to be taxed by the Court : and it is fur- 
 ther ordered and decreed j That the faid Andrew 
 Lefsly do give bond, with good fecurity, to be 
 approved of by this Court, to reftore the fcvcn- 
 eighth parts of the faid fchooner Betty and her 
 lading, after fuch deductions as aforefaid to the 
 owners thereof, according to their refpedivc in- 
 terefts therein. 
 
 'I 
 
 ■f ; 
 
 Antigua. Know all men by thefe prefents, that 
 we the Honourable Andrew Lefsly, 
 of the Ifland of Antigua, Efqi and 
 Andrew Lefsly the younger of the 
 faid Ifland, merchant, are held and 
 firmly bound unto the Honourable 
 Robert Chriftian, Efqj Judge Sur- 
 rogate of the Coufw of Vice-Ad- 
 miralty of the faid Ifland, in the 
 fum of 2000I. current gold and 
 filver money of the faid Ifland, to 
 be paid to the faid Robert Chrift- 
 ian, or to his certain Attorney, 
 Executors, Adminiftrators, orAf- 
 figns, for the which payment well 
 and truly to be made, we bindour- 
 felves, and each of us, our and 
 each of our Heirs, Executors, and 
 Adminiftrators, jointly and fcvc- 
 rally, firmly by thefe prefents, 
 fealed with our Seals, and dated 
 the ill day of September, 1756. 
 
 .. . Whereas 
 
in North America, &c. 
 
 309 
 
 Whereas the fchooner Betty, whereof James 
 Nichols was Commander, belonging to Henry 
 Baker and Richard Patten, merchants in Charlcf- 
 lown, in the Province of Maryland, in North 
 America, failed from Charleftown aforcfaid the 
 latter end of July laft, being laden with the fol- 
 lowing merchandife : that is to fay. Eight barrels 
 offifli, belonging to the faid Henry baker j forty- 
 four barrels of filh, belonging to one Hanfey 
 Dolph 9 eighty-feven barrels of flour, belonging 
 to John Rufden ; thirty-one barrels of flour, be- 
 longing to one Reid 5 and twelve barrels of flour, 
 belonging to Thomas Palmer ; all which perfons 
 are inhabitants of Maryland, and fubjedh to the 
 Crown of Great Britain : and whereas the faid 
 fchooner, on the 24th day of Augud lad, was 
 taken by a French privateer, and on the 26th day 
 of the fame month was retaken by his Majefty's 
 ihips Edinburgh and AUgufta, and brought into 
 the harbour of St. John's in this Ifland, and the 
 Recaptors caufed the faid fchooner and her cargo 
 to be profccuted in dup form, in the Court of 
 Vice-Admiralty in the faid Ifland s and thereupon 
 the above bound Andrew Lefsly the younger, on 
 behalf of the faid owners of the faid fchooner and 
 her cargo, did claim the fame; and the faid 
 caufe coming on to be heard on the 3 1 fl day of 
 Augufl: laft, his Honour the Judge Surrogate 
 was pleafed to declare. That the faid fchooner 
 Betty and her lading did belong to his Majefty's 
 fubjedbs, and that the fan^e fchooner and her lad- 
 ing were taken upon the 24th day of Auguft lafl*, 
 by the French privateer Ihip of war Les Deux 
 Amis; and that the faid Betty and her lading 
 were retaken by his Majefty's (hip Edinburgh, 
 William Langdon, Efq; Commander; and his 
 Majefty's (hip Augufta, John Wickham, Eiq; 
 
 X 3 CQmmandcr: 
 
 ' ii i •' 
 
 1 '^ 
 
 '3 ^l 
 
 ■M 
 
 ' If ' 
 
■k;* '!■ 
 
 $^m 
 
 n 
 
 310 Conjiitulion of the British Colonies 
 
 Commander : therefore his Honour did order, 
 decree, and adjudge, That the faid fchooncr 
 Betty and her lading fhould be reftored to the 
 faid Andrew Lefsly the younger, on behalf of the 
 owners thereof; and that the faid Andrew Lefsly 
 the younger fhould pay to William Langdon, 
 Efq; and John Wickham, Efqj one-eighth part of 
 the true value of the faid fchooner and her lading, 
 free from all dedudlions whatfoever, to be diftri- 
 buted as dire<5led by his Majefty's Proclama- 
 tion j and for the better afcertairiing the value 
 thereof, the Captors and Claimants were to ap- 
 point each an Appraifer to be approved of by this 
 Court i and a Writ of Appraifement was to iflue 
 for that purpofe, and the faid Claimants were to 
 pay all cofts to the Recaptors, to be taxed by the 
 Court ; and it was further ordered and decreed, 
 That the faid Andrew Lefsly the younger (hould 
 give bond, with good fecurity, to be approved of 
 by this Court, to reftore the faid fchooner Betty 
 and her lading, after luch deduc-tidns as afore- 
 faid, to the owners thereof, according to their re- 
 fpedive interefts therein, as in and by the faid re- 
 cited fentence relation thereto being had, will 
 more fully appear. Ndw therefore thfe condition 
 of the above written obligation is fuch, that if the 
 above bounden, Andrew Lefsly the yoiihger, or his 
 heirs, executors, adminiftrators, or Afllgns, do 
 and fhall well and truly and faithfully reftore the 
 feven-eighth partSrbf the faid fehobner Betty and 
 her lading, after fuch dedudlions thereout made as 
 mentioned in the laid recited fentence to the 
 owners thereof, according to their refpe6live in- 
 terefts therein, or fhall well and truly pay the full 
 value and amount 6f fuch fcven-eighth parts of 
 the faid fchooner Betty and her lading, after fuch 
 4ed\j£iions as aforcfaid to the faid owners, in man- 
 ner 
 
,..-. in North America, &c. 311 
 
 ner as aforefaid, then the above written obliga- 
 tion to be void, or elfe to be and remain in fuU 
 force and virtue. 
 
 ANDREW LESSLY, (L.S.) 
 ANDREW LESSLY, Jun. (L.S.) 
 
 Sealed and delivered in 
 the prefence of 
 
 Cmas. W. Man. 
 
 A Monition in the Admiralty. 
 
 Antigua. 
 
 GEORGE the Second, &c. To Alexander 
 Crawford, Efqj Deputy Provoft Marfhal of our 
 Court of Vice- Admiralty held for our faid Ifland, 
 greeting: Whereas our beloved Benjamin King, 
 Efqj Judge of our faid Court, to hear and deter- 
 mine all and all manner of caufes and complaints as 
 to ihips and goods feized and taken as prize, fpe- 
 cially conltituted and appointed, rightfully and 
 duly proceeding, at the petition of the prodor of 
 A. B. Commander of our (hip C— , hath decreed 
 all perfons in general, who have or pretend to 
 have any right, title, or intereft in a certain (hip 
 called the D-r-, with her tackle, apparel, and fur- 
 niture, and the goods, ware^ and merchandifes 
 laden therein, lately taken by our faid (hip of war 
 C— , and brought into the harbour of St. John 
 in the faid Ifland, to be monifhed, cited, and 
 called to judgment at the time and place under- 
 written, and to the 'efFcd hereafter exprefled, 
 jufticc fo requiring ; we do therefore ftri(5lly 
 charge and command you, jointly and feverally, 
 that you omit not by affixing of ihefe prefents on 
 the public parade of the town of St. John, in the 
 faid Ifland, at the ufual time of the public refort 
 
 X 4 of 
 
 P*v' 
 
 v»„ 
 
 T I 
 
 A 
 
 r 
 
 
 Jl 
 
 ' 
 
 hii 
 
312 Conftitution of the British Colonies 
 
 of merchants thereon, to monilh and cite, or 
 caufe to be monilhed and cited peremptorily 
 all perfons in general, who have or pretend to 
 have any right, title, or intereft in the faid (hip 
 D — , and her tackle, apparel, and furniture, and 
 the goods, wares, and merchandifes taken there- 
 in, to appear before us, or our aforefaid Judgr, 
 or his Surrogate, in the Court-houfe in the town 
 of St. John, upon the day of 
 
 between the hours of nine and twelve in the fore- 
 noon of the fame day, to (hew and allege, in due 
 form of law, a reafonable and lawful caufe, if any 
 they have, why the faid (hip D-^ and her tackle, 
 apparel, and furniture, and the goods, wares, 
 and merchandifes taken therein, fhould not be 
 pronounced to belong, at the time of the capture 
 of the fame, to our enemies, and as goods of our 
 enemies, or otherwife liable and fubjedl to con- 
 fifcation and condemnation^ to be adjudged and 
 condemned as good and lawful prize, and further 
 to do and receive in this behalf as to juftice Ihall 
 appertain. And that you duly intimate more- 
 over, or caufe to be intimated peremptorily to all 
 perfons aforefaid, to whom we, by the tenor of 
 thefe prefents, do alfo intimate, that if they (hall 
 not appear at the time and place above-mentionr 
 ed, or appearing, (hall not Ihew a reafonable and 
 ]awfu] caufe to the contrary, our aforefaid Judge, or 
 his Surrogate doth intend, and will proceed to the 
 pronouncing of the faid (hip D— , with her tackle, 
 apparel, and furniture, and the goods, wares, and 
 merchandifes taken therein, to belong, at the time 
 of the capture of the fame, toour enemies, and as 
 goods ofour enemies, or otherwife liable to confif" 
 cation and condemnation, for good and lawful prize^, 
 th^ abfcnce or other contumacy of the perfons fo 
 
 cited 
 
in North America, &c, 313 
 
 cited and intimated in any ways notwithftanding : 
 and that you duly certify our aforefaid Judge or 
 his Surrogate, what you do in the premifcs, to- 
 gether with thefe prcfents. Given at the town of 
 St. John, in our aforefaid Court, under the Seal 
 of the fame for caufes, the d^y of 
 
 in the year of our Lord and of our reign 
 
 the 
 
 Faffed the office 
 N. G. 
 
 Copy of a Sentence in the Court of Vice-Ad- 
 miralty in Antigua. 
 
 Antigua. At a Court of Vice-Admiralty held 
 for the faid IHand, on Monday the 
 29th day of May, 1758, 
 
 PRESENT: 
 
 The Honourable Robert Chri(lian> Efq; Judge 
 
 Surrogate. 
 
 His Majeily's floop Weazel 
 
 Commander^ 
 
 Bowles, Efqi 
 
 Against 
 The (hip La Deipoifelle Alida ^nd her lading. 
 
 Proclamation being made, and the Court 
 called and fat, |:he execution of a Monition duljr 
 iiTued being proved by the Marfhal of the faid 
 Court, and the (libftance of the libel being open* 
 ed by Mr. Warnpr and Mr. Man, a claim was 
 interpofed by Mr, Home, on J^chalf of the owners 
 of the faid (hip La Demoifelle Alida and her lad- 
 ing: whereupon^ and upon reading in Court the 
 feveral depo(itions in prfparatorio, and alfo the de- 
 pofitions taken in fupport of the faid clainij and 
 
 fhe 
 
 
 t lii) 
 
 ■i^' ^ Hun 
 
 ■■.. , r ifT-! 
 
 I 
 
 .5; 
 
 1 1 ' 
 
 t^ 
 
 ji 
 
 
 IN"' ■'; 
 
 ? 
 
 '41 
 

 
 ' 
 
 Bl 
 
 
 J14 Conjiitution of the British Colonies 
 
 the fcvcral exhibits produced in the faid caufc; 
 and afcer hearing what could be faid by Counfd 
 on both fides upon debate of the matter, his Ho- 
 nour the Judge proceeded to pronounce fcntcncc 
 of condemnation in the ufual manner, afligning 
 fuch additional caufes as are afTigned in the pre. 
 ceding caufes ; whereupon Mr. Home prayed an 
 Appeal, which was granted upon giving the ufual 
 
 fccuritv. 
 
 i 
 
 A true Copy of another Sentence in the Court of 
 Vice-Admiralty in Antigua. 
 
 Antigua. At a Court of Vice -Admiralty, 
 
 held for the faid IHand, on Sa- 
 
 uiij yi>t;:u- turday the 29th April, 1758, 
 
 PR E ^ E NT: 
 
 The Honourable Robert Chriftian, Efq; Judge 
 
 Surrogate. 
 
 The private Sip of war Charles, Robert Patten, 
 . ItCjiv. Commander, 
 
 Against 
 The floop Endraght and her lading. 
 
 Proclamation being made, and the Court 
 called and fat, and the execution of a Monition 
 duly ifTued being proved by the Marshal of this 
 Court, the fubflance of the libel was opened by 
 Mr. Conyers, Then Mr. Home interpofed a 
 claim on behalf of the owners of the faid (loop 
 and her cargo : whp'eupon, and upon reading in 
 Coprt the feveraldepofitions taken in preparatorioy 
 and alfo the depoHtions taken in fupport of the 
 faid claim, and the feveral exhibits produced in 
 ihc (%i4,<;^ufe, and aftef hearing what could be 
 
 fi^id 
 
in North America^ See. 
 
 3^5 
 
 faid by Counfel on both fides upon debate of the 
 matter, his Honour the Judge proceeded to pro- 
 nounce fcntcncc of condemnation in the ufual 
 manner, aflTigning additional caufes for pronoun- 
 cing fuch fentenc€ of condemnation : whereupon 
 Mr. Home prayed an Appeal from the faid kn» 
 tcncc ; which was granted upon the faid Ciaimanc 
 giving fecurity as the law dire6\s. Then Mr. 
 Man exhibited an allegation or libel on behalf of 
 the Captain, Officers, and Mariners of the pri- 
 vate brigantine of war Prince of Wales j which 
 allcgatiort came on to be argued : whereupon it 
 is ordered and decreed, that the libel ort behalf 
 of the faid Robert Pat'ten be difmiflcd. Then 
 Mr. Warner, Attorney to his Majefty's Cafual 
 Receiver, ititerpofed a claim for the faid floop 
 and her lading on behalf of his Majefty j where- 
 upon it was oHered and decreed, that the fame 
 floop Endraght and her lading be divided be- 
 tween his Majefty and the faid brigantine of war 
 Prince of Wales (hare and (hare alike, fubjeft 
 nevcrthelefs to fuch gratuity as his Honour the 
 Judge Surrogate (hall order and appoint for the 
 Charles, upon the final determination of the faid 
 Appeal. 
 
 J'be Form of a Caution or Security entered into 
 on the granting the Commission of a Private Hhip 
 of War. 
 
 St. Christopher's. 
 
 In the Court of Vice- Admiralty, on the twenty-. 
 fixth day of Oftober, in the third year of thr reign 
 of our Sovereign Lord George the Third, by the 
 Grace of God, of Great Britain, France, and Ire- 
 land, King, Defender of the Faith, &c On 
 which day, time, and place, perlbnaily appeared 
 
 William 
 
 < r-t^^ 
 
 >*i 
 
 % 
 

 i 
 
 m 
 :'^'^ 
 
 v^^. 
 
 I 
 
 ly 
 
 316 Conjiitution of the British Colonies 
 
 William Wcbley, Commander of the private 
 fchooner of war called the Pelican, aod A. J. and 
 J. P. of the Ifland of St. Chriftophcr, Gentle, 
 men, who fubmitting themfelves to the jurif. 
 diftion of the High Court of Admiralty of Eng- 
 land, obliged themfelves, their heirs, executors, 
 and adminidrators, to our Sovereign Lord the 
 King in the fum of 1500]. of lawful tponey of 
 Great Britain. To this effed, that is to fa^, 
 That whereas the faid William Webley is au- 
 thorifed by Letters of Marque, or a Commiflion 
 for a private man of war, to arm, equip, and fee 
 forth to fea the faid fchooner called the Pelican, 
 of the burthen of about thirty tons, whereof he 
 the faid William Webley goeth Captain, with 
 men, ordnance, ammunition, and vifkuals, to 
 fct upon by force of arms, and to fubdue, feize, 
 and take the men of war (hips, and other veflels 
 whatfocvcr, together with the goods, monies, 
 and merchandifes belonging to the French King, 
 or any of his vafTals and fubjefts, or others in- 
 habiting within any of the countries, territorie«, 
 or dominions whatfoever, and fuch other ihips, 
 veflels, and goods as are or fhall be liable to con- 
 fifcation, excepting only within the harbours or 
 roads within fhot of the cannon of any Princes 
 and States in amity with his Majefty j and where- 
 as he the faid William Webley has a copy of 
 certain inftrudtions approved of, and pafled by 
 his Majefty in Council, delivered to him to go- 
 vern himfelf therein, as by the tenor of the faid 
 Commiflfion, and of the inftrudions thereto re- 
 lating more at large appeareth. If therefore no- 
 thing be done by the faid William Webley, or 
 any of his Officers, Mariners, or Company,^ con- 
 trary to the true meaning of the faid In(lru(ft;ions, 
 but that the Comniiinon aforcfaid, and the faid In- 
 5 ftrudtions 
 
in North America, &c* 
 
 3»7 
 
 (Iruftions (hall in all particulars be well and truly 
 performed and obfcrved as far as they (hall the 
 faid fchooncr, Captain, and Company, any way 
 concern j and if they or any of them (hall give 
 full fatisfadbion for any damage or injury which 
 Ihali be done by them, or any of them, to any of 
 his Majefty's fubjefts, allies, or neuters, or their 
 fubjeds, and alfo (hall duly and truly pay, or 
 eaufe to be paid to his Majelly, or to the Cuftom- 
 ers or Officers appointed to receive the fame for 
 his Majefty the ufual cudoms due to his Majedy, 
 of and from (hips and goods fo as aforefaid taken 
 and adjudged for prize : and moreover, if the 
 faid William Webley (hall not take any (hip or 
 velTel, or any goods or merchandifes belonging 
 to the enemy, or otherwife liable to confifcation, 
 through confent or clandeftinely, or by collulion, 
 by virtue, colour, or pretence of his faid Com- 
 miffion, that then this bail (hall be void, and of 
 none eflfedt -, and unlefs they (hall fo do, they do 
 all hereby fcverally confent that execution (hall 
 iflue forth againft them, their heirs, executors, 
 and adminiftrators, goods and chattels, where- 
 foever the fame (hall be found, to the value of the 
 faid fum of 1500 1. before-mentioned $ and in 
 teftimony of the truth thereof, they have hereunto 
 fubfcribed their names. 
 
 wm. webley. 
 
 A J. 
 
 J. P. 
 
 I'aken and acknowledged be- 
 fore me Judge of his Ma- 
 jcfty's Court of Vice- Admi- 
 ralty of the Ifland of St. 
 Chriftopher, the 26th day 
 of Odober, in the year of 
 our Lord 1762. 
 
 C&AISTER GrEATHEEP. ^^ 
 
 Form 
 
 1 * * 6- 
 
 h* 
 
 'ih 
 
 ?'i,. 
 
 
 1 1 
 
31 8 ConftUutiott of the British Colonies 
 
 $ 
 
 Form of an Inhibition /r^/» the High Court cf 
 Appeals /<?r Prizes. 
 
 • GEORGE the Third, by the Grace of God, 
 of Great Britain, France, and Ireland, King, 
 Defender of the Faith, &c. To all and fingular 
 our Officers and Minifters, and other our licgc 
 fubjcfts, being literate pcrfons, whomfoever and 
 throughout our kingdom of Gi;eat Britain, and 
 other our foreign Plantations and dominions, 
 greeting: Whereas in a certain bufinefs of prize 
 concerning the (hip Neptune (William Callow, 
 mafter) and goods therein taken by the pri- 
 vate ihip of war the Juno (James Amofs, Com- 
 mander)', which was moved and profccuted be- 
 fore our beloved Abraham Chalwill, Eiqj Judge 
 of our Vice- Admiralty Court of Tortola, an Ap- 
 peal and Complaint hath been made and intcr- 
 pofed by the Prodor of the faid William Callow, 
 our fubjed, the Mafter and Claimant of the faid 
 Ihip Neptune and goods therein, from part of a 
 fcntence or decree made and interpofed by the 
 faid Judge ; and more efpecially from tkat part of 
 the faid fentence or decree, whereby he did decree, 
 that the Captor (bould oaly pay the coftsof fuit, 
 and not be liable or fub^^d to any damages in 
 confequence of his detaining the faid brigantinc 
 the Neptune, and from his refufing to condemn 
 the faid Captor in all lolTes, damages, Demur- 
 rage, cofts, charges, and expences wihatlbever, 
 which the faid brigantine Neptune, the. cargo on 
 board, or the owners thereof, had or might fufFcr 
 or.fuftain, as well in the hull, rigging, and car- 
 go, as in the lofs of nnarkets at the Ill^nd of Ja* 
 maica, in confequence of fuch detention '^mxI ille- 
 gal proceedings to us, and to our ;High Court of 
 4 • /"i'd^Acimiralty 
 
in North America, &c. 
 
 319 
 
 Admiralty of Great Britain : And whereas we 
 have granted our Commiflion under our Great 
 Seal of Great Britain for the hearing and final de- 
 termination of all Caufes of Appeal as to prizes to 
 certain mod noble and Right Honourable pcrfons 
 in our faid Commiflion named : And whereas our 
 beloved Andrew Cohee Ducarel. Do6torof Laws, 
 their Surrogate, hath, at the petition of the 
 Proiftor of the party Appellant, decreed an inhi- 
 bition, citation, and monition for the under- 
 written procefs, in manner and form hereafter ex- 
 prefled (juftice fo requiring) : we do therefore 
 ftriftly charge and command you, jointly and fe- 
 verally, that you peremptorily inhibit, or caufc 
 to be inhibited, the aforefaid Judge of our faid 
 Court, the Judge from whom the Appeal in this 
 behalf is made, his Surrogate or Surrogates, and 
 Rcgifter or Aduary j and alfo the faid James 
 Amofs> Commander of the faid private fiiipdf 
 war the Juno in fpecid, and all other in general, 
 who are by la^ to be inhibited in this behalf (aFi 
 and every of whom we do alfo by the tenor of thefe 
 prefents inhibit), that they do not, or attempt or 
 caufe or procure to be done or attempted, any 
 thing to the prejudice of the faid party Appellant, 
 or of his faid Appeal, orour jurifdidtion pending 
 this bufinefs' of Appeal and Complaint, and fo 
 long as the (amt (hall remain undecided before 
 the faid mod noble and Right Honourable per- 
 fons, fo that the faid party Appellant may have 
 free liberty and power (as in juftice he ought) to 
 profecute this his bufinefs of Appeal and Com- 
 plaint, under pain of the law and contempt there- 
 of; and further, that you cite or caufe to be 
 cited, peremptorily, the faid James Amofs to 
 appear before the faid mod noble and Right Ho- 
 nourabl&perfons, or any three or more of them in 
 
 the 
 
 .1* 
 
 m 1 
 
 i-i* I 
 
 ?JM 
 
 J\ 
 
II 
 
 1 
 
 
 1 
 
 1 h|^^ 
 
 
 it! flHB^^ 
 
 
 fi ^^mBH 
 
 
 
 
 i )fKIIK51iB!W 
 
 sHI^B n 
 
 !' ! l^wSl 
 
 
 !!|H^ 
 
 
 ^BBBBBm^^w 
 
 
 , ■ J^^^S^^^ 
 
 
 MWWrffBi^ 
 
 S^Rft^H^H )!' 1 b9 
 
 ^mmnfl^Ua 
 
 ^Hg^^H ' '^^ 
 
 ^MMW^HBd^pBJ 
 
 oHsliHI'' rKI 
 
 i *m»^Mm^»w 
 
 
 i tJM^^^M 
 
 iB^^^^R^' ^H 
 
 J yB^^^^Hj|B^^ 
 
 ^■iKHiV.'M 
 
 
 I^BnjVJHj^: jBtf 
 
 ^9^^9l^M 
 
 I^P 
 
 ' i^Bp^bW I 
 
 
 IhI 
 
 
 
 
 , m^^BSn'fflBt 
 
 
 1 
 
 i|Hi 
 
 
 i r ^^fiVn '9i 
 
 
 wl 
 
 '!'' 'toImM 
 
 [fflj^MMMJ' 
 
 ^ 
 
 i I iMM|p 
 
 
 » 
 
 
 Ba 
 
 flfrSlll'Sw' 
 
 b|H, S.^^| 
 
 4w 
 
 ' '^^ MSfyv^' 
 
 '^H 9jM|| 
 
 1 
 
 ^ Ml i 
 
 
 [■ 
 
 - |i. I^J.B^ 
 
 
 i 
 
 f ' Iffi 
 
 ^H 
 
 wflilll 
 
 j 
 
 ^r ^^ 
 
 l^a' 
 
 
 
 1 1' a^H 
 
 m 
 
 
 
 ^^^'ra 
 
 m 
 
 l^^^^ft |EH : 
 
 
 1' 
 
 
 
 'li ^ m 
 
 1; 
 
 oB^KIMr 
 
 m 
 
 ■ ]' WM 
 
 ii 
 
 
 m 
 
 tl Wm 
 
 ! 
 
 ^H' 
 
 M 
 
 V J^H^K 
 
 
 MWaKti 
 
 WA 
 
 ^^■^H 
 
 ^mV^HIHBt'i 
 
 t^^' 
 
 J '^^fl 
 
 
 m 
 
 
 • MMfls 
 
 m 
 
 -yJBfjJB^M iBi 
 
 MM 
 
 ^Vin 
 
 ' fifflWwMM 
 
 ! 
 
 
 ^KEhBO 
 
 j 
 
 
 l^ra^»^B<fi»tt 
 
 
 i^BfV 
 
 
 
 ^^BlI 
 
 
 
 
 j^Ha^H^H SB * 
 
 
 
 hMIi 
 
 
 hhi 
 
 
 ^HH^^^^^RB^' 
 
 
 ^M^^H' 
 
 
 
 
 IflHI^^B' 
 
 
 ■■IWMMP»™i^^MWi 
 
 
 ini 
 
 HI 
 
 imm 
 
 
 gio Confiitutm of the British CoLONiEs 
 
 the Privy Council Chamber at the Cockpit, on 
 the hundredth day after fervicc of thcfe prcfcnts 
 if it be a Court day, or clfe upon the next Court 
 day following, between the ufual hours for hear- 
 ing of caufes, there to anfwer to the aforefaid 
 party Appellant in this his bufinefs of Appeal and 
 Complaint ; and further to do and receive in this 
 behalf as to judice (hall appertain ; and that you 
 moniih moreover, or caufc to be monifhed per- 
 emptorily the Judge aforefaid, his Surrogate or 
 Surrogates, and alfo his Regifler, Actuary or 
 Adluaries, that they may tranunit, or caufe to be 
 tranfmitted, the whole and entire procefs had and 
 done before the faid Judge, or his Surrogates, in 
 the faid bufinefs, in a proper and authentic form, 
 or in their original forms, within one hundred 
 days after fervice of this Monition, under pain of 
 law and the peril which will fall thereon i and 
 chat you duly certify the faid mofl noble and 
 Right Honourable perfons, or any three or more 
 of them, what you (hall do in the premifes, to- 
 gether with thefe prefents. Given at London, 
 under the Seal of our High Court of Delegates, 
 the a6th Day of April, in the year of our Lord 
 1762, and of our reign the fecond. 
 
 GODF. L. FARRANT, Reg. 
 of his Majefty*.' High Court 
 of Appeals for Prizes. 
 
 Instructions 
 
in North America, &c. 
 
 321 
 
 ST RUCTIONS 
 
 Instructions /er executing an Inhibition, 
 
 Lords Commiflloners of Appeals. 
 
 The Neptune, William Callow, 7 Appeal from 
 Mailer, ] Tortola, 
 
 Inftrudions for the execotion of the Inhibition, 
 Citation, and Monition, iflued under the 
 Seal of his Majefty's High Court of Dele- 
 gates, in the Caufe of Appeal brought before 
 the Lords Commiflloners for hearing Ap- 
 peals in Prize Caufes, from the Judge of the 
 Vice-Admiralty Court of Tortola, refufing 
 to decree damages to the Claimant of the 
 fald Ship Neptune^ in confequencc of the 
 unjuft feizure and detention thereof by James 
 Amofs, Commander of the private Ship of 
 War the Juno, the pretended Captor. 
 
 THE infl:rument herewith fent, contains an In- 
 hibition againft the Judge of the Vice-Admiralty 
 Court of Tortola, againft the kegifter of the faid 
 Court, and againft the ^forefaid James Amofs, 
 Commander of the faid private ihip of war the 
 Juno, the pretended captor of the faid (hip and 
 goods, and the promoter of the caufe below, 
 ftriftly commanding and. enjoining them, and 
 every of them, in his. Mjijefty's name, not to do 
 or attempt any thing to the, prejudice of the faid 
 William Callow, the Claimant and Party Appel* 
 lant, during this his Appeal i .and alfo a citation 
 againft the faid James Ampfs, to appear and an* 
 fwcr to the faid William Callow in his faid caufe 
 of Appeal} and likewife a monition againft the 
 faid Judge ^nd Regifter to tranfmit to the Lords 
 of Appeals copies of all and every the proceed- 
 )i'^s had in this caufe, &c. duly authenticated 
 
 y • under 
 
 
3 22 ConftitutioH of the British Colonies 
 
 under the hand of the Rcgifter and Seal of the 
 faid Vice- Admiralty Court, if not heretofore 
 tranfmitted. 
 
 Therefore this inftrument, containing the faid 
 inhibition, citation, and oionition, muft be fcrved 
 on the faid feveral perfons : (to wit) 
 
 I ft, On the Judge of the Vicc*Adnniralty Court 
 ofTortola. 
 
 2dJ)r, On the Regifter of the faid Court. 
 
 That they may be thereby inhibited from do- 
 ing any thing further in the caufe pending the 
 Appeal, and that they do tranfmit the proccfs as 
 above. , 
 
 3dly, On the faid Captain James Amofs, the 
 Captor and Refpondent on the Appeal. 
 
 4thly, On the Prodtor adding for Capt. James 
 Amofs, in the Hrft inftance of this caufe. 
 
 That they may be alfo inhibited, and likewife 
 cited to appear and anfwer to the Party Appellant 
 as therein contained. 
 
 The fame muft be ferved perfonally on them, 
 and each and every of them, by (be«^ing them 
 the original inftrument under feal, and at the 
 fame time leaving with each of them a copy 
 thereof. 
 
 The perfon who fervcs the fame, muft, after he 
 has fo done, fill up the feveral blanks left, in the | 
 form of the underwritten Certificate, which muft 
 be indorfcd on the inftrument, for the times and 
 places of fervice, &c. and then fign the fame; 
 which done, he muft make and fubfcribc an af- 
 fidavit, to be annexed to the faid inftrument, and I 
 be fworn thereto, before the Mayor or other Chief 
 Magiftrate of the place* The purport or cfFcftj 
 of which affidavit muft be as follows : 
 
 Fom] 
 
iff North America, &c. 
 
 3^3 
 
 Form of Affidavit of Service. 
 
 On the day of 176J, appeared 
 
 perfonally A. B* of and made oath on 
 
 the Holy Evangelifts as followeth -, (to wit) That 
 he this Deponent perfofiaHy ferved the inhibition, 
 citation, and nnonition hereto annexed, on Abra- 
 ham Chalwfll, Ef<ji the Judge of the Vice- Ad- 
 miralty Court of Tortola, and on John Beaver, 
 N. P. the Regifter of the fald Court, and on 
 the Prodor in the firft ihftance of this 
 caufe, at the fevcfal times and pllces, and in 
 manner and form niientloned in the Certificate id- 
 dorfed thereon, to which Certificate the Depo- 
 nent's narrie is fubfcribid j which nanrte, he faith, 
 is of his owrl hahdwfitiiig, and that the contents 
 of the faid Certificate were and afe all true. 
 
 The Magiftrate muft fubfcribe the Affidavit, 
 certifying that the fame were fworn before him, 
 and the famci muil be authenticated under fome 
 public feal, and then, together with the original 
 inhibition, returned by the firft opportunity^ and 
 with all expedition to Mr. Puget. 
 
 If it fo happens that any of the parties cannot 
 be met with, fo as to be perfonally ferved with 
 the faid inhibition, then let the copy be Jeft 
 at their ufual place of habitation, and the ori- 
 ginal {hewn to fome one of their family, agent, 
 clerk, or fervant, fo that they may have notice 
 thereof} and in that cafe, the Certificate and Af- 
 fidavit mull be altered, and made accordingly : 
 fctting forth. That fuch party was, at fuch times 
 and places, fought after, but could not be met 
 with, fo as to be perfonally ferved, and that 
 therefore the original was at fuch time fhewn to 
 fuch a perfon (mentioning his name and the re- 
 
 Y 2 lation 
 
 * > 
 
 i1' 
 
 I mi. 
 
324 Conftitution 6f the Britist^ Co^lonies 
 
 lation he bears to the party) and a copy thereof 
 left with him, and that he was defired by the 
 perfon ferving the fame^ to acquaint the party 
 therewith. 
 
 But if it be pofllble, let all the parties them- 
 felves be perfonally ferved. 
 
 Form of the Certificate. 
 
 Ithis inhibition, citation, and monition, was 
 J)CrfonalIy ferved on Abraham ChalwilJ, Efq; the 
 Judge of the Vice-Admiralty Court of Tortola, 
 at on the day of 1763, and on 
 
 John Bcavor, Notary Public, the Regifter of the 
 faid Court, at , on the day of 1763, 
 and on the within- named Captain James Amofsj 
 the Refpondent, ac on the day of 
 
 1763, and on his Proftor in the firft 
 
 inflance of this caufe, at on the day of 
 
 1763, by (hewing to them, and each and 
 every of them, the fame under fealj and at the 
 fame time leaving with them, and each and every 
 of them, a true copy thereof. By me, 
 
 A.B. 
 Doftors Com- 
 mons^ 1 6th Philip Crespigny, Jun. 
 March 1763. Prodor for the Appellant, 
 
 Jffmanu 
 
in North America, &c. 
 
 3^ 
 
 rmance by the King in Council of a Sentence given 
 in the Vice Admiralty Court of the IJland of St, 
 Cbriflopher, 
 
 At the Court at St. James's, the 26th day of July 
 
 1765. 
 
 PRESENT: 
 The King's Mod Excellent Ma* 
 
 Archbifliop of Canterbury, 
 
 Lord Prefident, 
 
 Marquis of Rockingham, 
 
 Lord Steward, 
 
 Earl of Huntingdon, 
 
 Earl of Albemarle, 
 
 Earl of Dartmouth, 
 
 Earl of Afliburnham, 
 Earl of Egmont, 
 Vifcount Falmouth, 
 Vifcount Howe, 
 Vifcount Villiers, 
 Lord Edgcumbc, 
 Lord Grantham* 
 
 UPON reading at the Board a report from the 
 Hight Honourable the Lords of the Committee 
 of Council for hearing Appeals from the Planta- 
 tions, dated the i6th of this indant, in the word^ 
 following, viz. 
 
 " Your Majefty having been pleafcd, by your 
 "order in Council of the 12th of December 
 " lad, to refer unto this Committee, the humble 
 " Petition and Appeal of John Barker, Efq. late 
 " Commander of your Majefty*s Ship CuUoden, 
 
 " againft A S -, Commander of the 
 
 " Privateer Mary Ann Elizabeth, and others, 
 "fropD a fcntence in. the Vice- Admiralty Court of 
 *Uhe liland of St. Chriilppher, on the 5th of 
 " March 176 1, in relation to the Ship Elizabeth, 
 " Sacker Peters Mafter, upon a quedion of 
 " cpUufive captur.e.i and humbly praying, that, 
 "upon headp,g the faid Appeal, your Majedy 
 
 Y'3 "will 
 
 
 mmm 
 
 
 
 
 
 
 Ifl^^^Bvi^K^H Ik 
 
 
 ■^MWlTiBflf m- 
 
 m ' 
 
 mB^SSKm'W n' 
 
 ■r'' ■ 
 
 
 Vi' 
 
 
 
 IBii 
 
 W 
 
 mmII 
 
 lii 
 
 V^^Hi<i^B4HBHL^ vHR 
 
 £ i'l ;, i , 
 
 
 W' 
 
 
 Ifc ■ 
 
 ■^■'iS^injffilinK 
 
 1 
 
 
 i i ! 
 
 
 ^ 
 
 
 ! 1 , 
 
 i • 
 
 
 '' 1 1 
 
 ^^UK NH^ffH^ •> .m^V] 
 
 
 flHH'iiHflliL") iSHt^ 
 
 I ■ 
 
 l||9M!i||| 
 
 'V^hIiIII'^w^^ iSmh 
 
 fpfii 1 
 
 
 si i-jj' 
 
 jlH||WH|K I'fiK 
 
 i' \h 
 
 ^KH^|;i 1 H 
 
 If*;* 
 
 m|«M||:' IK 
 
 iHIWiC iti 
 
 
 
 mh 
 
 
 11 
 
 
 iB^ 
 
 Ifnl! ^^'^ 6 nl 
 
 'J ' 
 
 ml 
 
 pi 
 
 li 
 
 
 lii 
 
 i 1' 
 
 
 ^B|/{ ; ' ^Kji 
 
 t i' ' 1 i 
 
 
 
 
 
 WH |<|lj :^K|8 
 
 i- ' 1 
 
 u 
 
 ill 
 
 
 
 RH 
 
 ii 
 
 
 
 MpWIiillyi 
 
 Wh 
 
 
 BHJImM 
 
 Wf 
 
 
 MBUtijJBBro 
 
 lit 
 
 flH|P 
 
 MrH 
 
 nnt i ■' 
 
 H»i 
 
 Hli^ 
 
 
 
 In 
 
 ^m 
 
 lu 
 
 H 
 
 
-• ^^v" '^■y^ *^ "','■ ■" .*f^"^'^ 
 
 'I' 
 
 ,1 « 
 
 !l 
 
 ii 
 
 
 li 
 
 g26 ConJUtuthn ef the British Colonies 
 
 '* wUl be gracioufly pleafed to pronounce and de^ 
 '^ cUre, that the faid Ship Elizabeth and her 
 "cargo, were col lufively taken by the faid pri- 
 «« vate (hip of war the Mary Ann Elizabeth, and 
 <« thereupon to reverfc fo much of the faid fen- 
 *^ tencc as difmiifes the Petitioner's libel, and 
 ** condemns the faid Ship Elizabeth and her 
 
 ** cargo to the faid A S , his ofRceri 
 
 ^* and mariners, or owners; and ini^ead thereof, 
 " that your Majefly will be further pleafed to 
 ^« pronounce for the right of your Majefty and 
 ^' the Petitioner, agreeable to the prayer of the 
 *« Petitioner's libel, by ordering the faid Ship 
 ^< Elizabeth and her cargo, or the full value 
 « thereof, together w'th the tackle, furniture, 
 <* ammunition, and apparel of the faid private 
 ^* (hip of war the Mary Ann Elizabeth, to be di* 
 ** ftributed moietively between your Majefly and 
 f« the Petitioner ; or that your Majefty will fae 
 jf* pleafed to make fuch further or other order in 
 " the premifes, as the nature and circumftances 
 <f* of the cafe may require, and as the Court be- 
 f« low ought to have made. The Lords of the 
 f Committee, in obedience to your Majefty's 
 i* faid order of reference, this day took the faid 
 ^' Petition arid Appeal into their confidcration^ 
 «' and hj^ving hejird all th^ parties therein con- 
 f * cerned, by their Counftl learned in the law, do 
 << agree humbly to report, as their opinion, to 
 f« your Majefty> that the fentence given in the 
 *' Vice- Admiralty Court of the Ifland of St. Chri- 
 f* ftophcr's, on the 5th of March 1761, Ihould 
 ^' be affirmed, and the faid Petition and Appeal 
 f« therrfrom difmifled." 
 
 IJis Majefty this day took the faid reprt into 
 coniideration, and was pleafed^ w|(h the advice 
 
 of 
 
Iff North America, &c. 347 
 
 of his Privy Council^ to approve of what is therein 
 propofed to be done i and to order, at it is hereby 
 ordered, that the fame be duly and pundiially 
 complied with, and carried into execution.-— 
 Whereof the Governor, Lieutenant Governor, or 
 Commander in Chief of his Majcfty*s Leeward 
 Charibbee Iflands for the time being, and all 
 others whonn it nnay concern, are to take notice 
 and govern themfJeives accordingly. 
 
 W. SHARPE. 
 
 Admiralty Precedents in the Courfe of the late 
 
 War. 
 
 Orders for ReprifaU by the Court of London. 
 
 At the Court at St. James's, the 18 th of June 
 
 >779- 
 
 PRESENT: 
 
 The King's moft Excellent Majcfty in Council. 
 
 WHEREAS the Ambaflador of the King of 
 Spain, has, by order of his Court, delivered to 
 Lord Vifcount Weymouth a paper, in which it 
 is declared, that his Catholic Majefty intends to 
 have recourfe to arms, under the groundlefs pre- 
 tence of obtaining reparation for injuries fuppofed 
 to have been received j and whereas the laid Am- 
 baflador has received orders to retire from this 
 kingdom without taking leave, his Majefty be- 
 ing determined to take fuch meafures as are nc- 
 ceBary for vindicating the honour of his Crown, 
 is plcafed, by and with the advice of his Privy 
 Council, to order, and it is hereby ordered, that 
 general reprifals be granted againft the (hips, 
 goods^ and fMbjedls of the King of Spain, fo that 
 
 Y4 as 
 
 ) ' 
 
3*8 Conftitution of the British Coto^tzs 
 
 as well his Maje[ly*s fleet and fliips, as alfo all 
 other fhips and vcflTels that fliall be cominilTion- 
 ated by letters of marque or general reprifals, or 
 othcrwife, by his Ma)cOy*s Commiflioners fop 
 executing the office oif Lord High Admiral of 
 Great Britain, (hall and may lawfully feizc all 
 ihips, vc0cls, and goods, belonging to the King 
 of Spain or his fubjeds, or others inhabiting 
 within any the territories of the King of Spain, 
 ^nd bring the fame to judgment in any of the 
 Courts of Admiralty within his Majefty's domi- 
 nions ; and to that end,^ his Majefty*s Advocate 
 General, with the Advocate of the Admiralty, 
 are forthwith to prepare the draught of a Com- 
 mifllon, and prefent the fame to his Majcfty at 
 this board, aur.horifing the Commiflioners for 
 executing the office of Lord High Admiral, or 
 any perfon or perfons by them empowered and 
 appointed, to ilfue forth and grant letters of 
 marque and reprifal to any of his Majefty*s fub- 
 jeds or others, whom the faid Commiflioners 
 ihall deem fitly qualified in that behalf, for the 
 apprehending, feizing, and taking the fliips, vef- 
 fels, and goods belonging to Spain, and the vaf- 
 fals and fubjefts of the King of Spain, or any in- 
 habitants within his countries, territories, or do- 
 rninions, and that fuch powers and claufes be in- 
 fcrted in the faid Commifliion as have been ufual, 
 and are according to former precedents j and his 
 Majcfty^s faid Advocate General, with the Ad- 
 vocate of the Admiralty, are alfo forthwith to 
 prepare the draught of a Comm-flTion, and pre- 
 jcni the fame to his Majefty at this board, autho- 
 rifmg the faid CommiflTioners for executing the 
 office of Lord High Admiral, to will and require 
 the High Court of Admiralty of Great Britain, 
 and the Lieutenant; ^nd Judge of the faid Court, 
 ills Surrogate ^x SurroaatcS| as aiib the feveral 
 
 Courts 
 
in North America, &c. 
 
 3^9 
 
 Courts of Admiralty within his Majefty's domi- 
 nions, to take cognizance of, and judicially pro* 
 ceed upon all and all manner of captures, 
 feizurcs, prizes, and reprifals of all (hips or goods 
 that are or (hall be taken* and to hear and deter- 
 mine the fame ; and according to the courfe of 
 Admiralty, and the laws of nations, to adjudge 
 and condemn all fuch (hips, veflcis, and goods 
 as (hall belong to Spain, or the vaflals and fub« 
 jc<fls of the King of Spain, or to any others inha- 
 biting within any of his countries, territories, and 
 dominions, and that fuch powers and claufes be 
 inferted in the faid CommiiTion as have been 
 ufual, and are according to fornfier precedents 5 
 and they are likewife to prepare and lay before 
 his Majcfty at this board, a draught of fuch in- 
 ilrudlions as may be proper to be fent to the 
 Courts of Admiralty in his Majefty's foreign go- 
 vernments and plantations for their gv.idancc 
 (lerein, as alfo another draught of in(lructions for 
 fuch (hips as (hall be commi(rionated for the pur* 
 pofes aforementioned. 
 
 r 
 
 Copy of bis Majefifs Commijfion of 2d of May 1776, 
 to the High Admiral of Great Britain^ &c, end 
 the Commijfioners for executing the office of High 
 Admiral^ authorijing and enjoining them to will 
 and require the High Court of Admiralty of Eng^ 
 land, and the feveral Courts of Admiralty within 
 the King's Dominions, judicially to proceed upon fill 
 captures^ ^c. belonging to the inhabitants of the 
 Rebellious Colonies, and other vejfels liable to con- 
 f /cation, in purfuance of the Att of the 1 6th of 
 George the Thirds by which all manner of trade 
 and commerce is prohibited with the Colonies of 
 New Hampfiire, Majfachufett's Bavy Rhtde 
 Ijland, ^c. during the continuance of the Ri el^ 
 lion within the faid Colonies rejpeilively, 
 
 GEORGi 
 
 tt< ' ;i 
 
 i!>. 
 
330 ConftUutm of the British Colonies 
 
 GEORGE the Third, by the grace of God, of 
 Great Britain, France, and Ireland King, De- 
 fender of the Faith, &c. To our High Admiral 
 of Great Britain and Ireland, and dominions 
 thereunto belonging, for the time being, and to 
 our right trufty and right well beloved Coufin 
 and Counfellor John Earl of Sandwich, our trufty 
 and well beloved John* BuUer, Efqj our right 
 trufty and well beloved Coufin Henry Lord Vif. 
 count Palmerfton, of our kingdom of Ireland, 
 cur right and well beloved Counfellor Charles 
 Spencer, Efq* commonly called Lord Charles 
 Spencer, our right trufty and well beloved Coufin 
 Wilmot, Lord Vifcount Lift)urne of our faid 
 kingdom of Ireland, and 0ur trufty and well be- 
 loved Henry Pcnton, Efq; and Sir Hugh Pallifer, 
 Baronet, our Commiftioners for executing the 
 office of our High Admiral of Great Britain and 
 Ireland, and dominions thereunto belonging, 
 and to our Commiffioners for executing that 
 office for the time being, greeting : Whereas by 
 an A<^ palfed in this prefent SeSion of Parlia- 
 ment, all manner of trade and commerce is pro- 
 hibited with the Colonies of New Hamplhire, 
 Maflachufctt's Bay, Rhode Iftand, Connecticut, 
 New York, New Jerfcy, Pennfylvania, the three 
 lower Counties on Delaware, Maryland, Virgi- 
 nia, North Carolina, South Carolina, and Geor- 
 gia, during the continuance of the prefent Re- 
 bellion within the faid Colonies refpedively j and 
 that all fhips and veflels of or belonging to the 
 inhabitants of the faid Colonies, together with 
 their cargoes, apparel, and furniture, which fhall 
 be found trading in any port or place of the faid 
 Colonies, or going to trade or coming from 
 trading in any fuch port or place, fhall be for- 
 feited to us, as if they were the jfhips and elFefts 
 
 of 
 
 o 
 
in North America^ &c« 
 
 331 
 
 of open enemies, and (hall be fo adjudged, 
 deemed, and taken in all Courts of Admiralty, 
 and in ail other Courts whatfoever. Thefe 
 arc therefore to authorife, and we do hereby 
 authorife and enjoin you our High Admi- 
 ral of Great Britain and Ireland, and domi- 
 nions thereunto belonging, for the time being, 
 and you our faid Commillioners for executing the 
 office of our High Admiral of Great Britain and 
 Ireland, and dominions thereunto belonging, and 
 the C.ommiflTioners for executing the faid office 
 for the rime being, or any three or more of you, 
 to will and require our High Court of Admiralty 
 of England, and the Lieutenant and Judge of the 
 faid Court, and his Surrogate or Surrogates, as 
 alfo the feveral Courts of Admiralty within our 
 dominions j and they are hereby authorifed and 
 required to take cognizance of, and judicially to 
 proceed upon all and all manner of feizures, for- 
 feitures, captures, recaptures, prizes, and re- 
 prifab, of all fhips and goods already I'eized and 
 taken, or which fhall hereafter be feized and 
 taken, to hear and determine the fame according 
 to the courfe of Admiralty, and to adjudge and 
 condemn all fuch fliips, veffels, and goods, their 
 tackle, apparel, and furniture, as belong to the 
 inhabitants of the faid Rebellious Colonies ; and 
 alfo fuch other fhips, veffels, and goods, as are 
 pr Ihall be liable to confifcation by the feveral 
 ftatutc laws of the realm, or purfuant to the re- 
 fpeftive treaties between us and other Princes, 
 States, and Potentates, or the law and ufage of 
 nations. In witnefs whereof, we have caufcd 
 thcfe our Letters to be made Patent. Witnefs 
 ourftlf at Weftminfter, the fccond day of May, 
 io the fifteenth year of our reign. 
 
 By the King himfelf, 
 
 YORKE. 
 
 J?''* , 
 
 
 hid' 
 
 
 If 
 
2S't Cotjftitution of the British Colonies 
 
 Warrant from the Commiffioners for executing the Of- 
 fice of High Admiral of Great Eritahi^ ^c, h 
 the Vice" Admiralty Court of ' the Province of Geor^ 
 gia^ in purfuance of his Majeftfs Comm'ffion im* 
 mediately preceding.' 
 
 By the Commiffioners for 
 executing the office of Lord 
 
 High Admiral of Great Bri. 
 tain and Ireland, &c. 
 
 WHEREAS by an AS: pafled in the fixteenth 
 year of his Majeity's reign, it is declared, That 
 all roanner of trade and commerce is and (hall be 
 Pfobibitcd with the Colonies of New Hamplhire, 
 Mafiachiifett^s Bay, Rhode Ifland, Connedicut, 
 Kew York, New Jerfey, Pennfylvania, the three 
 lower Counties on Delaware, Maryland, Virgi- 
 nia, North Carolina, South Carolina, and Geor- 
 gia, fo long as the faid Colonies refpedively fliall 
 remain in a ftate of Rebellion j and that all fhips 
 and veffels of or belonging to the inhabitants of 
 the faid Colonies, together with their cargoes, 
 apparel, and furniti^e, and all other ftiips and 
 velfels whatfoever, which Ihallbe found trading 
 in any port or place of the faid Colonies, or go- 
 ing to trade, or coming from trading in any fiich 
 port or place, fliall become forfeited to his Ma- 
 jefty, as if the fame were the fhips and effefts of 
 open enemies : We do, in purfuance of his Ma- 
 ^efty's CommifTion under the Great Seal of Great 
 Briiain, bearing date the 2d of May 17)6 (a copy 
 whereof is hereunto annexed), hereby '*^ill and re- 
 quire the Vice- Admiralty Court of the Province 
 
 of 
 
 «k 
 
I a, and Geor- 
 
 in North America, 5fc. 
 
 33J 
 
 of Georgia, and the Vice- Admiral, or his De- 
 puty or Judge of the faid Court, or his Deputy 
 now and for the time being, to take cognizance 
 of and judicially to proceed upon all and all man- 
 ner of feizures, captures, recaptures, prizes,:and 
 reprilals of all fliips and goods already feized and 
 taken, or which fliail be hereafter feized and 
 taken, to hear and determine the fame, accord- 
 ing to the courfe of Admiralty, and to adjudge 
 and condemn all fuch (hips, vellels, and goods, 
 their tackle, apparel, and furniture, as belong to 
 the inhabitants of the Colonies ab .vementioned, 
 during the continuance of the prefcnt Rebellion 
 within the faid Colonies refpedivelyj and alfo 
 JucB other Ihips, veflels, and goods, as are or 
 Ihall be liable to confifcation by the feveral fta- 
 tute laws of the realm, or purfuant to the re- 
 fpedive treaties between his Majefty, and other 
 Princes, States, and Potentates, or the law and 
 ufage of nations^ which fhall be brought before 
 you for trial and condemnation. 
 
 And his Majefty having been pleafed, by his 
 order in Council of the 25th of April 1776, to 
 approve of. a fet of ftandihg Interrogatories, pre- 
 pared by his Advocate General and the Advocate 
 of the Admiralty, to be adminillered to all com- 
 manders, mafters, officers, mariners, and other 
 perfons found on baard any (hip or veffel which 
 hath been or fhall be feized or taken as prize by 
 any of his Majerty's Ai'ps or vefTels of war, con- 
 cerning fuch captured fhips, velTels, or any goods, 
 wares, and mcrchandiles on board the famej and 
 to fuch other perfons as fhall be brought to be exa- 
 mined as witnefTes in preparatory, inconfequenrc 
 of thebefore-mentw»ned ACl of Parliament; and 
 to order that the faid Lvrcrrogatories fhould be 
 tranfmuud to the fcvcr<il Courts of Admiralty in 
 
 his 
 
 l^:> 
 
 I '^u 
 
 m:f<\ 
 
 Iff 
 
 ! ''i 
 
 :i i ' 
 
 !-,''" 
 
 m 
 
 ';*yM:'' 
 
I 
 
 334 ConJiitUtion of the Br itish Colon i e s 
 
 his foreign governments and plantations, for their 
 guidance, wc do, in purfuancc of his Majefty's 
 faid order in Council, herewith fend a copy of the 
 faid Interrogatories to the Vicc-Admirahy Court 
 of the Province of Georgia, and the Vice-Ad- 
 rnliral, or his Deputy or Judge of the faid Court, 
 ot his Deputy now and for the time being, for 
 their guidance accordingly j and do hereby will 
 and require them to caufe the fame to be duly 
 adminiftcrcd to the pcrfons for whom they arc in- 
 tended as aforefaid j for doing of all which this 
 ihall be their fufficient warrant. Given under 
 our hands, and the feal of the office of Admiralty, 
 thcaSth of April 1779. 
 
 LISBURNE. 
 W. PENTON. 
 R. MAN. 
 To the Vice* Admiralty Court of 
 the Province of Georgia, and 
 the Vice- Admiral, or his De- 
 puty or Judge of the faid 
 . Court, or his Deputy now and 
 for the time being. 
 
 By Command of their Lord (hips, 
 
 Philip St£phems. 
 
 Cop^ of ftanding Interrogatories tranfmitted h^j 
 the AdfniraUj in England^ together with the dove 
 jyarrant. 
 
 Standing Interrogatories to be adminiftered in 
 behalf of our Sovereign Lord George the Third, 
 fay the Grace of God, of Great Britain, F'rancc, 
 and Ireland, King, Defender of the Faith, to 
 all commanders, matters, officers, mariners, and 
 other perfons found on board any fhip or veffel 
 which hath been or fhall be feized, or taken as 
 
 prize 
 
M North ^^Imerica^ &c. 
 
 i3S 
 
 prize by any of his Majefty's (hips or Veflcls of 
 war, concerning fuch captured (hips, veflcls, or any 
 goods, wares, and merchandifes on board the 
 fame; and to fuch other perfons who fhall be 
 brought to be examined as witnelTts in prepara- 
 tory, in confeqtience of an AA parted in the prc- 
 fcnt Seflion of Parliament* prohibiting all trade 
 and commerce with the Colonies of New Hamp^ 
 ihire, MalTaehufett's Bay, Rhode Ifland, Connec- 
 ticut, New York, New Jerfey, Pennfylvania, the 
 three Lower Counties on Delaware, Maryland, 
 Virginia, North Carolina, South Carolina, and 
 Georgia, during the continuance of the prefcnt 
 Rebellion within the faid Colonies. 
 
 Let each witncfs be interrogated to every of the 
 following queftions, and their anfwer to each fe- 
 vcrally written down* 
 
 1. Where were you born, and where have you 
 lived for thefe feven years laft pad ? where do you 
 now live, and how long have you lived in that 
 place ? to what Prince or State, or to whom arc 
 you, or have ever been a fubjed, and of what ci- 
 ties or towns have you been admitted a burgher 
 or freeman, and at what time were you fo ad- 
 mitted ? 
 
 2. Interrogate, Were you prefcnt at the time 
 of taking and fcizing tne fhip or her lading, 
 or anj[ of the goods or merchandifes concerning 
 which you are now examined ? if not, how ana 
 when were you firft made acquainted therewith ? 
 and had the Ihip, concerning which you are now 
 examined, any commiffion, what, and froiu 
 whom ? 
 
 3. Interrogate, In what place, latitude, or port, 
 and in what year, month, and day, were the fhip 
 
 3 ^^^ 
 
 
 1 1 
 
 V 
 
 !', 
 
 Il^.f 
 
 a I 
 
V 1 
 
 I 
 
 If 
 
 !"ii 
 
 !|i 
 
 m 
 
 536 Conftitution of the BaiTtsH Colonies 
 
 and goods concerning which you arc now exa- 
 mined, taken and fcized, upon what pretence, 
 and for what reafons were they feized, into what 
 place or port were they carried^ and under what 
 colours did the laid fliip fail ? was an refiftancc 
 made at the time when the faidlhip was taken? 
 and if yea ; how many guns were fired, and by 
 whom and by what fhip or (hips were you taken? 
 was fuch veflel a fhip of war, or a veflcl afting 
 without any commiflloD, as you believe ? 
 
 4. Interrogate, What is the name of the mafter 
 or commander of the Ihip or vcffel taken ? how 
 long have you known the faid mafter, and who 
 appointed him to the command of the faid ihip? 
 where did fuch mafter take poffcflion of her, and 
 what was the name of the perfon who delivered 
 the pofTcflion to the faid mafter ? where doth he 
 live ? where is the faid mafter*s fixed place of 
 abode ? if he has no fixed place of abode, then 
 let him be afked where was his laft place of 
 abode, and where doth he generally refidel 
 how long has he lived there ? where was he born, 
 and of whom is he now a fubjedt ? is he married ? 
 if yea, where doth his wife and family refide ? 
 
 5. Interrogate, Of what tonnage or burthen is 
 the Ihip which has been taken ? v/hac v;as the 
 number of the mariners, and of what country 
 were the faid feamen or mariners ? did they ail 
 come on board at the fame port, or different ports, 
 and who Ihipped or hired them, and whin and 
 where ? 
 
 6. Interrogate, Had you, or any of the officers 
 or mariners belonging to the Ihip concerning 
 which you are now examined, any and what part, 
 (hare, or intereft in the faid fliip, or in any of her 
 lading ? if yea, fet forth who and what goods or 
 intereft you or they have ? did you belong to the 
 
 7 faid 
 
vnat was the 
 
 in North America, &c. 
 
 337 
 
 faid iliip or veflel ac the time (he was feized and 
 taken ? in what capacity did you belong to her ? 
 how long have you known her ? when and where 
 did you firfl fee her, and where was fhe built ? 
 
 7. Interrogate, What is the name of the faid 
 fhip ? how long has (he been fo called ? do you 
 know of any other name or names by which (he 
 hath been called ? if yea, what were they ? had 
 ihe any paHTport or fea- brief on board, and from 
 whom ? to what ports and places did (he fail dur- 
 ing her faid voyage, before (he was taken ? where 
 did her laft voyage begin, and where was the faid 
 voyage to have ended ? Set forth the quality of 
 every cargo the (hip has carried to the time of her 
 capture, and what port fuch cargoes have been 
 delivered at. 
 
 8. Interrogate, What lading did the faid (hip 
 carry, at the time of her firft fetting fail in her 
 laft voyage, and what particular fort of lading 
 and goods had (he on board at the time (he was 
 taken ? in what year, and in what month, was the 
 fame put on board ? Set forth the di(Ferent fpecies 
 of the lading, and the quantities of each fort. 
 
 9. Interrogate, Who were the owners of the (hip 
 or vefTel concerning which you are now exa- 
 mined, at the time (he was feized ? how do you 
 know that they were the owners of the faid (hip 
 at that time ? of what nation or country were fuch 
 owners by birth, where do they rcfide, and where 
 do their wives and families relide ? to whom are 
 they fubjcdb ? 
 
 10. Interrogate, Was any bill of fale made to 
 the aforefaid owners of the (aid (hip 5 and if any 
 fuch was made, in what month and year ? where, 
 and in the prefehce of what witnefTes was fuch 
 bill of fale made ? where did you laft fee it ? and 
 what is become of it ? 
 
 Z II. In- 
 
 &i ' 
 
 vA4m 
 
 *'■' 
 
 ■ mu 
 
 
 
 !'«:i 
 
 IB3 
 
 III ! !■• ; 
 
 ^i'v 
 
 -I 
 
 ., :;! 
 
i 
 
 l;( 
 
 
 S U 1 
 
 ; 4 
 
 ' Jl'. 
 
 
 
 
 ■ ? '■ 
 
 
 ^ is 
 
 
 .- ^r.\ 
 
 
 
 :-- 
 
 J38 Conftimion of the British Colonies 
 
 11. Interrogate, Was the laid lading put on 
 board in one port, and at one time j or at Icveral 
 ports, and at leveral times; and at v/hat ports bv 
 name ? Set forth what quantities of each fort of 
 goods were (hipped at each port. 
 
 12. Interrogate, What are the names of the 
 refpeftive laders, or owners, or confignees of the 
 laid goods? what countrymen are they? where 
 do they now live and carry on their bufincfs or 
 trade, and where were the (aid goods to be de- 
 livered/ and for whofe real account, rin<, or be- 
 nefit ? can you take upon yourfelf to fwear, that 
 you believe that at the time of the lading the 
 cargo, and at this prefent time, and alfo if the 
 goods Ihall be reftored and unladen at the dt- 
 llined port, the goods did, do, and will belong 
 to the fame perfons, and to none others ? 
 
 13. Interrogate, How many bills of lading were 
 figned for the goods feized on board the fl^.ip? 
 were any of thofc bills of lading falfe or colour- 
 able, or were any bills of lading figned which 
 were different in any refpeft from thofe which 
 were on board the lliip the time flie was taken ? 
 what were the contents of fuch other bills of lad- 
 jng, and what became of them ? 
 
 14. Interrogate, Are there in Great Britain any 
 bills of lading* invoices, letters, or inftruments re- 
 lative to the fhip or goods concerning which 
 you are now examined ? if yea, fet forth where 
 they are, and in whofe pofiefiion, and what is the 
 purport thereof, and when were they brought or 
 fcnt to this kingdom ? 
 
 15. Interrogate, Was there any charter-party 
 figned for the voyage in which the (hip concern- 
 ing which you are now examined was feized and 
 taken? and what became thereof? when, where, 
 
 uric* 
 
in North America, &c. 
 
 339 
 
 and bcc veen whom was fiich charter-party made, 
 and wha: were the concents of it? 
 
 16. Interrogate, What paptrs, bills of lading, 
 letters, or other writings, were on board the Ihip 
 the time, (he took her departure from the lalb 
 clearing port before her being taken as prize ? 
 were any of thei-p biirht, torn, thrown overboard, 
 deftroyed, or cancelled, concealed, or attempted 
 to be concealed, and when and by whom ? and 
 who was then prefent ? 
 
 17. Interrogate, Has the fliip concerning which 
 you are now examined been at any time, and 
 when, feized as prize, and condemned as fuch ? 
 
 |;' if yea, fet f6rth into what port (he was Carried^ 
 and by whom, or by what authority, and on what 
 account (he was condemned ? 
 J 8. Interrogate, Have yoii fuftained any lofs 
 
 [ bythefeizing and. taking the faid Ihip concern- 
 ing which yop are examined ? if yea, in what 
 manner do you compute fuch your lofs ? have you 
 already received any indemnity, fatisfadlion, or 
 promife of fatisfadion, for any part of the damage 
 which you have or may fullain by this capture 
 and detention, and when and from whom ? 
 
 19. Interrogate, Is the faid (hip or goods, or 
 any, and what part infured ? if yea, for what 
 voyage is fuch infurance made, and at what pre* 
 mium^ and when, and by what perlbns, and in 
 what country, was fuch infurance made ? 
 
 20. Interrogate, In cafe you had arrived at your 
 deftined port, would your cargo, or any part there- 
 of, on being unladen, have immediately becomfc 
 the property of the con()gnee, or any other per- 
 fon, and whom ? or was the lader to take the 
 chance of the market for the fale of his goods ? 
 
 mm. 
 
 
 yr. : 
 
 
 2 z 
 
 U 
 
1 
 
 V 
 
 i : 
 
 nil 
 
 ill 
 
 i 
 
 I 
 
 340 Conftitution of the British Colonies 
 
 In cafe of recapture of fhip and goods, or of 
 recapture of a hoftage and ranfom bill for 
 BritiHi (hip and goods, or foreign fhip in 
 his Majefty's fervice, belides the above in- 
 terrogatories, 
 
 21. Interrogate every witncfs precifely as to the 
 true place and circumftances of the capture and 
 recapture, fo that it may appear with certainty 
 what number of hours the prize or hodage and 
 ranfom bill were in the cuftody of the enemy, and 
 their treatment of the hodages $ and particularly 
 where a hodage is retaken, let him be examined 
 fully as to every circumilance of the capture and 
 recapture. 
 
 And in cafe of a ranfom, befides the above 
 interrogatories, 
 
 22. Interrogate the hoftages particularly into 
 the reafons and conditions of the ranfom, and be 
 very circumfpeft as to the number of prifoncrs 
 which may have been releafed 5 the place where 
 the fhip was difcharged, the quality of her cargo, 
 and the time of her being releafed, and the ne- 
 cefllty for releafing the prifoners. 
 
 Copy of a Commiffton to cruife againji all Ships ad 
 Vejfels belonging to the Thirteen American Colonies. 
 
 GEORGE the Third, by the Grace of God, 
 of Great Britain, France, and Ireland, King, 
 Defender of the Faith, &c. To all to whom thcTe 
 prefents fhall come, greeting : Whereas by a fta- 
 tute made and pafTed in the fixteenth year of our 
 reign, intituled. An A(k. to prohibit all trade 
 and intercourfe with the Colonies of New Hamp- 
 fhire, Maffachufett's Bay, Rhode-Ifland, Con- 
 
 nedicut, 
 
in North America, &c. 
 
 341 
 
 ncfticutjNcwJcrfcyjPcrnnrylvania, the three lower 
 Counties on Delaware, Maryland, Virginia, North 
 Carolina, South Carolina, and Georgia, during 
 the continuance of the prefcnt rebellion within 
 the faid Colonies refpecflively j for repealing an 
 Aft made in the fourteenth year of the reign of 
 his prefcnt Majefty, to difcontinue the landing 
 anddifcharging, lading or (hipping of goods, ware?, 
 and merchandize, at the town and within the har- 
 bour of Bofton, in the Province of Maflachufett's 
 Bay; and alfo two Afts made in the lad SeflTion of 
 Parliament, for reftraining the trade and commerce 
 of the Colonies, in the faid A(fts refpc6tivcly men- 
 tioned, and to enable any pcrfon or perfons ap- 
 pointed and authorized by his Majefty, to grant 
 pardons, to ifTue proclamations, in the cafes and 
 for the purpofes therein mentioned (i: is amongft 
 other things cnadled), That all (hips and vclftls 
 of, or belonging to the inhabitants of the Colo- 
 nies, herein above mentioned, together with their 
 cargoes, apparel and furniture, and all other (hips 
 and ve(rels whatfoevcr, together with their cargoes, 
 apparel and furniture, which (hall be found trad- 
 ing in any port or place of the faid Colonies, or 
 going to trade, or coming from trading in any 
 fuch port or place, (hall become forfeited to us, 
 as if the fame were the (hips and effeifrs of open 
 enemies, and (hall be fo adjudged, deemed, and 
 taken in all Courts of Admiraltv, and in all other 
 Courts whatfoever : And whereas, by a certain 
 other ftatute made and pa(red in the feventeencli 
 year of our reign, intituled. An A6t for enabling 
 the Commi(rioners for executing the office of Lord 
 High Admiral of Great Britain, to grant Com- 
 miifions to the CommandeYs of private fliips and 
 velTels employed in trade, or retained in his Ma- 
 jefty*s fervicc, to take and make prize of all I'uch 
 
 Z 3 (hips 
 
 •f' ' !■ i 
 
 bSW 
 
 
 i 
 
 , .J 
 
 'l-'-i 
 
34* Conjlitulion of the British Colon^ies 
 
 a 
 
 (hips and vefTels, and their cargoes, as are there- 
 in mentioned, for a limited time j reciting, as 
 therein it is recited j it is among other things 
 cna(fled. That the Lord High Admiral of Great 
 Britain, or the Commiffioncrs for executing the 
 office of Lord High Admiral of Great Britain for 
 the time being, or any three or more of them, 
 or any perfon . or pcrlbns by him or them em- 
 powered and appointed, fhall Und may, from and 
 after the twentieth day of February one thoufanj 
 feven hundred and fevcnty-fcven, at the requcft 
 of any merchant or m*6rchants, being owner or 
 owners of any fliip or veflcl employed in trade, 
 or retained in his Majefty's fervice, giving fuch 
 bail and fecurity as is therein after mentioned and 
 cxprefTed, caufe to be iflucd forth one or more 
 commiffion or commiffions, to any perfon or per- 
 fons whom fuch merchant or merchants fhall no- 
 minate to be Commander, or in cafe of death I'uc- 
 celTively, Commanders of fuch (hip or veflel, for 
 the attacking, furprifing, feizing, and taking, by 
 and with fuch Hiip or veflcl, or with the crew 
 thereof, all Ihjps and veflels, goods, wares, and 
 merchandizes, chattels, and effecls whatfoever, be^ 
 longing to the inhabitants of the faid Colonics 
 now in rebellion, and all lliips and veflels, with 
 their cargoes, apparel and furniture, belonging 
 to our fubjecls in Great Britain and Ireland, which 
 Ihall be found trading to or from the faid Colo- 
 nies, contrary to the proyifions of the faid Act of 
 Parliament, herein before firfl: above in part re- 
 cited. And whereas three of our Commiffioncrs 
 for executing the office of Lord High Admiral of 
 Great Britain, by their warrant under their h^nds, 
 and the fcal of the office of Admiralty, bearing 
 date the fourth day of June, in the year of our 
 Lord one thoufand feven hundred and fevcnty- 
 
 3 eight, 
 
 I h 
 
/■/; North Amlrica, 5;c. 
 
 343 
 
 fji'ht, r<iciiinff, as therein it is recitt'd, have dulv 
 c'iiij)owcfeil and tipjxiintcd otn* trully and well- 
 bclovrd Jamks Ri.BnKTsoN, Klq; our Captain- 
 General and Governor in Chief in and over our 
 Province of New- York, and the territories de- 
 pending thereon in America, Chancellor ^nd Vice- 
 Admiral of the fame, to caufe to be iflTued forth, 
 piirfuant co the faid Acl of the feventeenth year 
 of our reif^n, by warrant under his hand, and the 
 jea! of the faid Province of New- York, directed 
 to the Judge of the Admiralty of the faid Pro- 
 vince (fugh warrant to be made feverally from 
 time to time), at the rcqueft of any merchant or 
 merchants, being owner or owners of any fliipor 
 veflel employed in trade, or retained in our fer- 
 vice, one or more commilTion or commidlons to 
 ihecflect aforefaid, to any perfon or perfbns whom 
 fuch merchant or merchants fliail nominate to be 
 Commander \ or in cafe of death, fucceflively 
 Commanders of fuch fliip or veflel, and to caufe 
 fuch bail and fecurity to be taken, as is dircd:ed 
 by the faid Adl j and moreover to caufe, that in 
 granting fuch commiflions, all other things be had 
 and done conformable to, and as the faid Aft re- 
 quires. And Whereas J M of the city 
 
 of Kew-York, merchant, principal owner of a 
 cer.ajn boat or velFel, called the K— ^ — , hath 
 made application in writing to our faid Captain- 
 General and Governor in Chief, and therein fet 
 forth a p.articular defcription of the faid veffcf, 
 fpecifying the cargo and burthen thereof, the 
 number ?nd nature of the guns on board the 
 fame, to what place the faid veflel belongs, and 
 on what voyage flie is bound, that he is the prin- 
 cipal owner thereof, and the number of men in- 
 tended to be put on board the fame, to the effect 
 herein after at large expreflTcd j and thereby re- 
 
 ? 4 queflcd 
 
 %\ 
 
 4 
 
 M^r \ 
 
 ! ' I 
 
 tl 
 
344 Conftitution of the British Colonies 
 
 queftcd our faid Captain- General and Governor 
 in Chief, to caufe a commiflion to be iffucd, for 
 
 the purpofe aforefaid, unto J K , whom 
 
 he hath nominated Commander of the faid veflelj 
 
 and in cafe of his death, unto R D , and 
 
 in cafe alfo of his death, unto J W— — , 
 
 whom, in the order they are herein before men- 
 tioned, the faid owner hath nominated fucceffively 
 Commanders thereof, in cafe of death as afore- 
 faid. And whereas our faid Captain-General 
 and Governor in Chief, hath thereupon iflued his 
 warrant, under his hand and the feal of our faid 
 Province of New- York, bearing dute the twelfth 
 day of June inftant, to Robert Bayard, Efqj Judge 
 of our Court of Vice- Admiralty, for the faid Pro- 
 vince ot New- York direfted, willing and requiring 
 the faid Judge to caufe a commiflion to be accord- 
 ingly iflued out of the faid Court, unto the faid 
 
 J — — K , and in cafe of his death, unto the 
 
 faid R D— — , and in cafe alfo of his death, 
 
 unto the faid J— — W , for the fetting forth 
 
 the faid boat or veflel in a warlike manner, with 
 the powers and authorities, and to the intents 
 and purpofes in the ftatute, laft abpve mentioned, 
 directed and expreflfed. And whereas the faid 
 J M — — hath given fufficient bail, with 
 
 fureties to us, in our faid Court of Vice- Admiralty 
 for the Province of New- York, purfuant to the 
 faid (latute, and according to the efFcd and form 
 let down in our inftrufbions for the better guid- 
 ance and governance of the Commanders of fuch 
 (hips and vcflcis, iflued under our Royal Signet 
 and Sign Manual, bearing date at St. James's the 
 twenty-fevcnth day of March one thoufand feven 
 hundred and feven ty- feven, a copy of which in- 
 ftrudions is delivered with tbefe prefents to the 
 fojd J — — K— ^, at prcfent Commander of the 
 
 faid 
 
in North America, &c. 
 
 345 
 
 faid boat or veflel K . Know ye therefore. 
 
 That we do, by thefe prefents, grant CommiGion 
 to, and do licenfe, authorife, and empower the 
 
 faid J — — K , and in cafe of his death the 
 
 faid R— — D , and in cafe alfo of his death, 
 
 the faid J W , nominated in the order 
 
 aforefaid, to be in cafe of death, fucceffively Com- 
 manders thereof, to fet forth, in a warlike man- 
 ner, the faid boat or veffel called the K , the 
 
 fame being a boat employed in trade, laden with 
 ballaft, of the burden of ten tons, having on 
 board two guns carrying ftiot of fix pounds weight, 
 two howitzers, and fix fwivels, belonging to the 
 port of New- York, bound on a voyage to the 
 liland of Bermuda, and intended to be manned 
 with forty men ; and by or with fuch boat or 
 veflel, or the crew thereof, to attack, furprize, 
 fcize and take, all fliips and veflels, goods, wares, 
 and merchandizes, chattels and efFcds whatfoever, 
 belonging to the inhabitants of the faid Colonies 
 now in rebellion, and all fhips and veflels, with 
 their cargoes, apparel, and furniture, belonging 
 to our fubjefts in Great Britain or Ireland, which 
 Ihall be found trading to or from the faid Colo- 
 nies, contrary to the provifions of the herein 
 before mentioned fl:atute, made in the fixteenth 
 year of our reign as aforefaid, the fame being 
 made liable to feizure by merchant (hips employ- 
 ed in trade, or retained in our fervice, being 
 thereunto commiflloned, according to the faid 
 ftatute, made in the feventeenth year of our reign 
 as aforefaid, and to bring the fame to fuch port 
 as (hall be molt convenient, and to which the 
 fame may be lawfully brouglir, in order to have 
 the fame legally adjudged in our High Court of 
 Admiralty of England, or before the Judge of 
 fuch other Admiralty Court within our dominions 
 
 as 
 
 hi ¥ 
 
 ■•; ■ ,t 
 
 1-^ i'l ■ 
 
 l'":^ 
 
 . ■f^ 
 
 ^ I'i ^ 
 
 i'iifi !■ (.'PU' 
 
 f^T 
 
 ■m 
 
i :l 
 
 III 
 
 ■j i ' 
 
 'M 
 
 346 Conjlitution of the Bi^itish Colonies 
 
 as fliall be lawfully authorized to hear and deter- 
 mine concerning the fame; which being con- 
 demned, it lliall and may be lawful to and for 
 
 the faid J K , and the faid other perfons 
 
 herein before nominated to be fucceffively Coiii- 
 manders, as aforefaid, when they fliall refpeftivc- 
 Iv, according to the true intent and meaning of 
 thefe prcfents, fo Command the faid boat or vcird 
 to fell and difpofe of fuch Oiips, veflels, and goods 
 fo adjudged and condemned, in fuch fore and 
 manner as, by the courfe of Admiralty, hnrh 
 been accullomed, except in fuch cafes where it is 
 otherwife directed by our faid inftrudlions : Pro- 
 vided that nothing be done by the faid J — K-, 
 or any of his officers, mariners and company, con- 
 trary to the true meaning of our inftruiflions de- 
 livered unto him herewith as aforefaid; but that 
 the faid inftruflions, and each and every of thern, 
 as far as they, or any of them, are therein con- 
 cerned, fhali, in al; particulars, be well and duly 
 performed and obferved : and we pray. and drfire 
 all Kings, Princes, Potentates, Srates, and Re- 
 publics, being our friends and allies, and all 
 others to v/hom it fhall appertain, to give the faid 
 
 J K:^ all aid, afTiitance, and fuccour in 
 
 their ports, with the faid boat or velTel, company 
 and prizes, without doing, or fufrering to be done 
 to him or them, any wrong, trouble or hindrance, 
 we ofFering to do the like when we fliall be by 
 them thereunto defired ; and we will and require 
 all our officers whatfoever, to give him and them 
 fuccour and afllllance as occafion fliall require. 
 In Tellimony whereof we have caufed the Seal of 
 our Court of Vice- Admiralty for our faid Province 
 of New-York to be hereunto affixed. Witnefs 
 our trully and well-beloved Robert Bayard, Efq; 
 Judge of our Court of Vice- Admiralty for our faid 
 
 Province 
 
in North America, &c, 347 
 
 province of New- York, at the city of New-York 
 in our faid Province, the twelfth day of June, in 
 the twenty-fecond year of our reign. 1 ' 
 
 ROB^ BAYARD. 
 
 By order of his Honour the 
 Judge, 
 D. Matthews, Reg. 
 
 or hindiancej 
 
 I do hereby certify that the above is a true 
 copy of my Commiffion, and I do authorife 
 
 W G , prize-mafter, to take charge of 
 
 the fchooner America, laden with tobacco, taken 
 near the mouth of Rappahannock, in the State of 
 Virginia, bound to H , to proceed to New- 
 York as quick as pofllblc, and deliver her up to 
 J M agent. 
 
 (Signed) J K , Commander 
 
 of the K privateer 
 
 Julyjift 1782. 
 
 barge. 
 
 George R. 
 
 Instructions fcr the Commanders 
 of fuch Merchant Ships or Veffcls^ 
 who Jhall hu ve Letters of M^irque 
 and Reprifals fcr private Men of 
 War^ againji the French King, his 
 Vajfals and Subjects, or others in- 
 habiting within any of his countries ^ 
 territories, or dominions^ by virtue 
 of our CommtffiGn granted under our 
 Great Seat of Great Britain^ bear- 
 ing date the fifth day of Auguft 
 iT]U. Given at our Court at St. 
 James" Sj the fifth day of Juguji 
 1778, in the eighteenth year of our 
 reign. 
 
 Art. 
 
 ^■'a^' 11 
 
 I; I 
 

 p.^ 
 
 I ' I 
 
 1! 1 * 
 
 I 
 
 5 f 
 
 i/ . 
 
 1 
 
 It 
 
 
 
 fit 
 
 in 
 
 fill i *' ? M 8 '"11 
 if' 9 J 
 
 348 Confiitution of the British Colonies 
 
 Art. I. That it (hall be lawful for the Com- 
 manders of fhips, authorized by Letters of Marque 
 and Reprifals, for private men of war, to fet upon 
 by force of arms, and fubdue and take the men 
 of war, fhips and veffcls, goods, wares, and mer- 
 chandizes of the French King, his valTals and 
 fubjeds, and others inhabiting within any of his 
 countries, territories, and dominions ; but fo as 
 that no hoflility be committed, nor prize attacked, 
 feized, or taken, within the harbours of Princes 
 and States in amity with us, or in their rivers or 
 roads within the Ihot of their cannon, unlefs by 
 permiflion of fuch Princes or States, or of their 
 Commanders or Governors in Chief in fuch 
 places. 
 
 Art. 2. That the Commanders of (hips and vef- 
 fels fo authorized as aforefaid, fhall bring all fhips, 
 veflfels, and goods which they fhall feize and take, 
 into fuch port of this our realm of England, or 
 fome otherportof our dominions not in rebellion, 
 as fhall be mofl convenient for them, in order to 
 have the fame legally adjudged in our High Court 
 of Admiralty of England, or before the Judges of 
 any other Admiralty Court lawfully authorized, 
 within our dominions. 
 
 Art. 3. That after fuch fhips, vefTels and goods, 
 fhall be taken and brought into any port, the 
 taker, or one of his chief officers, or fome other 
 perfon prefent at the capture, fhall be obliged to 
 bring or fend, as foon as poflibly may be, three 
 or four of the principal of the company (whereof 
 the mafter, mate, or boatfwain to be always two), 
 of every fhip or vefTel fo brought into port, before 
 the Judge of our High Court of Admiralty of 
 England, or his Surrogate, or before the Judges 
 of fuch other Admiralty Court within our do- 
 minions, lawfully authorized as aforefaid, or fuch 
 
 as 
 
in North America, Sec, 
 
 349 
 
 as fhall be lawfully comminTioned in chat behalf, 
 10 be fworn and examined upon fuch interroga- 
 tories as (hall tend to the difcovery of the truth, 
 concerning the intereft or property of fuch (hip 
 or fhips, veffel or veflels, and of the goods, mer- 
 chandizes, or other effeds found therein ; and the 
 taker (hall be farther obliged, at the time he pro- 
 duceth the company to be examined, and be- 
 fore any monition (hall be i(rued, to bring and 
 deliver into the hands of the Judge of the High 
 Court of Admiralty of England, his Surrogate, or 
 the Judge of fuch other Admiralty Court within 
 our dominions, lawfully authorifed, or others com- 
 miflloned as aforcfaid, all fuch papers, pa(res, fea- 
 briefs, charter-parties, bills of lading, cockets, 
 letters, and other documents and writings as (hall 
 be delivered up, or found on board any (hip -, the 
 taker, or one of his chief officers, or fomc other 
 perfon who was prefent at the capture, and faw 
 the faid papers and writings delivered up, or 
 otherwife found on board at the time of the cap- 
 ture, making oath, that the faid papers and writ- 
 ings are brought and delivered in as they were 
 received and taken, without any fraud, addition, 
 fubdudion, or embezzlement, or otherwife to 
 account for the fame upon oath, to the fatisfac- 
 tion of the Court. 
 
 Art. 4. That the (hips, ve(rels, goods, wares, 
 merch indizes, and effefts, taken by virtue of let- 
 ters of marque and reprifals as aforefaid, (hall be 
 kept and preferved, and no part of them Ihall be 
 Told, fpoiled, waftecJ, or dimini(hed, and that the 
 bulk thereof (hall not be broken, before judgment 
 be given in the High Court of Admiralty of Eng- 
 land, or fome other Coi rt of Admiralty lawfully 
 authorized in that behalf, that the (hips, goods, 
 and merchandizes are lawful prize. 
 
 Art. 
 
!ii; 
 
 tl 
 
 3 50 Ccnftitution of the British Colonies 
 
 Art. 5. That if any fliip or veffel belonging to 
 us, or our fubjeds, Ihall be found in diftrei's, by 
 being in tight fct upon, or taken by the enemy, 
 or by realbn of any other accident, the Com- 
 manders, Officers, and Company of fnch mer- 
 chant fhips or vcfiels, as Ihall have letters of 
 marque and reprifals as aforefaid, (hall ufe their 
 beft endeavours, and give aid and fuccour to all 
 fuch (hip and (hips, and (hall, to the utmoft of 
 their power, labour to free the fame from the 
 enemy, or any other diftrefs. 
 
 Art. 6. That the Connmanders or Owners of 
 fuch (hips and veflTels, before the taking out let- 
 ters of marque and reprifals, (hall make applica- 
 tion in writing, fubfcribed with their hands to 
 our High Admiral of Great Britain, or our Com- 
 mi(rioners for executing that office for the time 
 being, or the Lieutenant or Judge of the faid 
 High Court of Admiralty, or his Surrogate, and 
 fhall therein fet forth a particular, true, and exacl 
 defcription of the faid Ihip or veffel for which fuch 
 letter of marque and reprifal is requef^ed, fpeci- 
 fying the burthen of fuch fnip or veffel, and the 
 number and nature of the guns, and what other 
 warlike furniture and ammunition are on board 
 the fame, to what place the (hip belongs, and 
 the name or names of the principal owner or 
 owners of fuch (hip and veffel, and the number 
 of men intended to be put on board the fame, 
 and for what rime they are vidualled, alfo the 
 names of the Commander and Officers. 
 
 Art. 7. That the Commanders of (hips and 
 veffels having letters ot marque and reprifals, as 
 aforefaid, ihall hold and keep, and are hereby 
 enjoined to hold and keep, a correfpondence, by 
 all conveniencies, and upon all occafions, with 
 our High Admiral of Great Britain, or our Com- 
 
 niifiioncrs 
 
in North America, &c. 
 
 35 » 
 
 milTioncrs for executing that office for the time 
 being, or their Secretary, fo as from time to 
 time to render and give him or them, not only an 
 account or intelligence of their captures and pro- 
 ceedings, by virtue of fuch commiffionSj but alfo 
 of whatfoever elfe fnall occur unto them, or be 
 difcovered and declared to them, or found out by 
 them, by examination of, or conference with anV 
 mariners or paflengers of or in the fhips or vef- 
 fe!s taken, or by any other ways and means what- 
 foever, touching or concerning the defigns of the 
 enemy, or any of their fleets, fliips, veffels or 
 parties, and of the ftations, fea-ports, and places, 
 and of their intents therein, and of what (hips or 
 veffels of the enemy, bound out or home, or 
 where cruizing, as they fhali hear of, and of what 
 elfe material in thefe cafes may arrive at their 
 knowledge, to the end fuch courfe may be there- 
 upon taken, and fuch orders given as may be re- 
 quifite. 
 
 Art. 8. That no Commander of any fliip or 
 veffel, having a letter of marque and reprifal as 
 aforefaid, fhall prefume, as they will anfwer it at 
 their peril, to wear any jack, pennant, or other 
 enfign or colours ufually borne by our (hips, but 
 that, befides the colours ufually borne by mer- 
 chant fhips, they do wear a red jack, with the 
 union jack, defcribed in the canton, at the upper 
 corner thereof near the ftaff. 
 
 Art. 9. That no Commander of any (hip or 
 veflfel, having a letter of marque and reprifal as 
 aforefaid, fhall ranfom, or agree to ranfom or 
 quit, or fet at liberty, any (hip or vcflel, or their 
 cargoes, which (hall be feized and token. 
 
 Art. 10. That all Captains or Commanding 
 Officers of (liips- having letters of marque or re- 
 prifals, do fend an account of, and deliver over, 
 
 what 
 
 i ;. •' 
 
 *■( 1,1. 
 
 ■n.m 
 
 ■' ^i 
 
 ; 
 
1 ■ , 
 
 \l 
 
 If It 
 
 4, 
 
 I •'5 
 
 
 ! 1 
 
 J52 Conjlituiion of the British Colonies 
 
 what prifoners (hall be taken on board any prizes, 
 to the CommiiTioncrs appointed, or to be ap. 
 pointed, for the exchange of prifoners of war, or 
 the perfons appointed in the fea-port towns to 
 take charge of prifoners, and that fuch prifoners 
 be fubje^ only to the orders, regulations, and 
 direftions of the faid CommifTioners, and that no 
 Commander, or other Officer of any fhip, having 
 a letter -of marque and reprifal as aforefaid, do 
 prefume, upon any pretence whatfoever, to ranfom 
 any prifoners. 
 
 Art. II. That in cafe the Commander of any 
 fhip, having a letter of marque and reprifal as 
 aforefaid, (ball adt contrary to thefe inftruftions, 
 or any fuch further inftrudbions of which he fhall 
 have due notice, he fhall forfeit his commiflion 
 to all intents and purpofes ; and (hall, together 
 with his bail, be proceeded againfl according to 
 law, and be condemned in cods and damages. 
 
 Art. 12. That all Commanders of fhips and 
 vefTels having letters of marque and reprifal, ihalli 
 by every opportunity, fend exaft copies of their 
 journals to the Secretary of the Admiralty, and 
 proceed to the condemnation of their prizes, as 
 foon as may be, and without delay. 
 
 Art. 13. That Commanders of fhips aadvef- 
 fels having letters of marque and reprifal, fhall, 
 upon due notice being given to them, obferve all 
 fuch other inftruflions and orders as we fhall 
 think fit to dired from time to time, for the 
 better carrying on this fervice. 
 
 Art. 14. That all perfons who fhall violate 
 thefe or any other of our Tnftrudions, fhall be 
 fevcrely punifhed, and alfo required to make full 
 reparation to perfons injured contrary to our In- 
 ftru6tions, for all damages they fhail fuftain by 
 
 i any 
 
 t«3- \ 
 
/« North AkiERtcA, &c. 
 
 3S3 
 
 any capture, embezzlement, demurrage, or other- 
 wife. 
 
 Art. 15. That before any Letter of Marque 
 and Rcprifals for the purpofe aforefaid Ihall ifluc 
 under Seal, bail fhall be given, with fiireties be- 
 fore the Lieutenant and Judge of our High Court 
 of Admiralty of England, or his Surrogate, in 
 ihe fum of three thoufand pounds Sterling, if the 
 jhip carries above one hundred and fifty menj 
 and if a lefs number, in the fuin of fifteen hun- 
 dred pounds Sterling; which bail fhall be to the 
 cfFcd, and in the form following : 
 
 " Which day, time, and place, perfon ally ap- 
 peared A. B, &c. 
 
 and CD. &c. .; • , ., • 
 
 who fubmitcing themfelves to the jiirifdlaioii of 
 the High Court of Admiralty of England, ob- 
 liged thcmfelvesj their heirs, executory, and ad- 
 minilirators, in the (\im of . 
 pounds, of lawful money of Great Britain, to 
 this effccl : that is to fay. That whereas E. F. &c. 
 
 lii; duly authoi*ired by Letters of 
 
 Marque and Reprifals with the fhip called the 
 
 G- — of the burden of about 
 
 tons, whereof he the faid E. F. goeth Mafter^ 
 by force of arms to attack, furprife, feize, 
 and take all fhips and veMs, goods, wares, 
 and merchandifes, chattels, and effe(5ts belong- 
 ing to the French king, or to any of his vaffals 
 and fubjedls, or others, inhabiting within any 
 of his countries, territories, or dominions what- 
 ibever, excepting only within the harbours or 
 [roads within fliot of the cannon of Princes and 
 
 A a States 
 
 W\ 
 
 .'h _ w 
 
 ' 
 
 ; It..-, 
 ,1 I 
 
 ■V 1 
 
 .iiVll 
 
 I: -I 
 
 '! ■ ■ '.1 
 

 ]i' 
 
 jj4 CoHftitutien of the British Colonies 
 
 States in amity with his Majefly : And whereas 
 he the faid £. F. hath a copy of certain in- 
 flrudions approved oU and pafled by his Ma- 
 jelly in Council^ as by the tenor of the faid 
 Letters of Marque and Reprifals, and inftrudtions 
 thereto relating, more at large appeareth. If 
 therefore nothing be done by the iaid E. F. 
 or any of his Officers, Mariners, or Company, 
 contrary to the true meaning of the faid In- 
 flru£lions, and of all other Inftruflions which 
 may be ifTued in like manner hereafter, and 
 whereof due notice (hall be given him 5 but that 
 the Letters of Marque and Reprifals aforefaid, 
 and the faid Inftruiflions ihall, in all particu- 
 lars, be well and duly obferved and perform- 
 ed, as far as they fhall the faid fhip> Mader, 
 and Company any way concern ; and if they 
 ihall give full fatisfadion for any damage or 
 injury which (hall be done by them, or any 
 of them, to any of his Majefty's fubjefts, orj 
 of foreign States in amity with his Majefty, 
 and alfo fhall duly and truly pay, or caufe toi 
 be paid to his Majefly, or the Cudomers or 
 OfHcers appointed to receive the fame for his 
 Majefly, the ufual cufloms due to his MajellyJ 
 of and for all fhips and goods fo as aforefaid taken 
 and adjudged for prize: and moreover, if the 
 faid E. F. Ihall not take any fhip or vefTel, or| 
 any goods or merchandifes belonging to the ene- 
 my, or otherwife liable to confifcation, through! 
 confent or clandeflinely, or by collufion, by 
 virtue, colour, or pretence of his faid Letters 
 of Marque and Reprifals: that then this bail 
 iliall be void, and of none efFefl j and unlefs they 
 ihall fo do, they do all hereby fcverally confent, 
 t)iat execution fhall iffue forth againft them, theirl 
 
 heirs, 
 
in KoRTH AMERiCA, &C« 
 
 355 
 
 heirs> executors, and adminidracors, goods and 
 chattels, whcrcfoever the fame (hall be found, to 
 the value of the fum of pounds 
 
 before-mentioned : and in tcftimony of the truth 
 thereof, they have hereunto fubfcribcd their 
 namesi &c." 
 
 By his Majcfty's Command i 
 
 WEYMOUTH* 
 
 George R. 
 
 Additional Instructions tofuch 
 Commanders of private (hips and 
 veffcls employed in trade, or re- 
 tained in our fervice, who (hall 
 or may have Commiflions, ^ li"- 
 fuant to an Ad of Parliament of 
 the feventeenth year of our reign, 
 for feizing and taking i.he (hips 
 and goods belonging to the in- 
 habitants of the Colonies now in 
 rebellion, as alfo for fuch mer- 
 chant (hips who (hall have Let- 
 ters of Marque and Reprifals 
 againd: the French King, his 
 vafTals and fubje<5ls, or others, 
 inhabiting within any of his 
 countries, territories, or domi- 
 nions, by virtue of our Com- 
 mifTion, dated the 5th of Auguft, 
 1778. Given at our Court at 
 St, James's, the i8th day of 
 November, 1778, and in the 
 nineteenth year of our reign. 
 
 WHEREAS information has been received, 
 that feveral of the fcamen belonging to vefTels em- 
 ployed in our fervice have been induced to defert 
 
 A a 2 from 
 
 f. ■ 
 
 !' 
 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 /. 
 
 {./ 
 
 ^ >. 
 
 Y/. 
 
 ^.^ 
 
 i ^/^ 
 
 ^ 
 
 ^ 
 
 ^ 
 
 1.0 
 
 1.1 
 
 2.0 
 
 140 
 
 
 
 1.25 III U u^ 
 
 
 < 
 
 6" 
 
 ► 
 
 Hiotographic 
 
 Sdences 
 
 CorporaliGn 
 
 ^ 
 
 •\ 
 
 \ 
 
 <^ 
 
 4^. 
 
 23 WIST MAIN STMET 
 
 WIBSTIR.N.Y. MSM 
 
 (716) •72-4503 
 
 
 ^ 
 

 35-6 Conftitution of the British Colonies 
 
 from the faid vefTcls, and to enter on board pri- 
 vateers by the offer of large bounties, and other 
 ' advantages, held out to them by the Commanders 
 of fuch privateers j in confcquence of which the 
 faid vefTels have been detained in port, to the 
 great detriment and diftrefs of our ferviec : for 
 the avoiding fuch inconvenience for the future : 
 We do hereby (lri<5lly charge and enjoin all 
 Commanders of privateers and merchant (hips 
 having Letters of Marque, that they do upon no 
 account receive and detain on board their ihips 
 any fe)men belonging to any of our (hips of war, 
 or any other veflfels employed in eur fcrvice, cither 
 as tranfports, (lore-fhips or victuallers ; and that if 
 they fhould, at any time, undefignedly have receiv- 
 ed any fuch feamen, they do immediately deliver 
 him up upon application made by, or on behalf 
 of the Captain or Commander of fuch Ihip of 
 war, or other ffiip employed in our fcrvice, to 
 which he belonged before he entered on boartf 
 fuch privateer or commillioned (hip, under pain 
 of our highefl: difpleafure^ and fuch penalty as 
 by law may be inflided. 
 
 By his Majefty's Command. 
 
 GEO. GERMAINE. 
 
 [The Copies of the Depofitions, and of feme 
 other of the Vice-Admiralty Precedents which I 
 got at Antigua, were fo loofe and incorred, that 
 1 found it ncceflary to alter them in different 
 places to make fenfe of them j and (cveral un- 
 grammatical and other inaccurate exprefTions 
 which were in the manufcript yet remain, from 
 my overlooking them in the proof- (hects. I aiii 
 »lfo to apologize to the Purchafcr, for my inatten* 
 
 tiof» 
 
in North America^ &c. 
 
 2B7 
 
 tion in lengthening the Proceedings in the Caufc 
 of the Schooner PoiflTon Volant, by fuffering thi#. 
 Dcpofitions of three WitneflTes of the fame pur- * 
 port to ftand in the manufcript, when the in- 
 fertion of one of thefe Depofitions would have 
 anfwered the purpofe. However, with all their 
 imperfcftionsf thofe Antigua Precedents may have 
 their ufe, as there are no other Vice- Admiralty 
 forms in print.] 
 
 qdly. The Court of Vice-Admiralty in the 
 Colonies has a concurrent jurifdiftion with the 
 Courts of Record there, in the cafe of forfeitures 
 and penalties incurred by the breach of any A(5b 
 of Parliament relating to the trade and revenues 
 of the Britilh Colonies in America: for the In-^ 
 former or Profecutor hath the eleiHon of pro « 
 cecciing either in any Court of Record in the Co- 
 lonics where fuch offence is committed, or in the 
 Court of Vice-Admiralty there, for the recovery 
 of fuch penalties and forfeitures. 
 
 By the 4 Geo. III. c. 15. f. 4T. it is enacted. 
 That all the penalties and forfeitures inBidled by 
 that or any other A<51 or A<5ls of Parliament, re- 
 lating to the trade and revenues of the faid Bri- 
 tifli Colonies or Plantations in America, which 
 (hall be incurred there, (hall and may be profe- 
 cuted, fued for, and recovered in any Court of 
 Record, or in any Court of Admiralty in the faid 
 Colonies or Plantations where fuch offence (hall 
 be committed, or in any Court of Vice- Admiralty 
 which may or (hall be appointed overall Ame- 
 rica (which Court of Admiralty or Vice-Admi- 
 ralty are hereby refpedlivelyauthorifed and required 
 to proceed, hear, and determine the fame) at the 
 dectioo of the Informer or Profecutor* 
 
 Aa 3 And 
 
 % 
 
 M 
 
 ly 
 
 6'1| 
 
 I! 
 
2$^ Confiitution of the British Colonies 
 
 , And by f. 42. it is enadled. That all penalties 
 an4 forfei cures fo recovered there, under that or 
 any former Adt of Parliament, (hall be divided, 
 paid, and applied as follows : that is to fay, after 
 deducing the charges of profecution from the 
 grofk produce thereof, one-third^part of the nctt 
 produce (hall be paid into the hanas of the Col- 
 ieflor of his Maje(ly*s Cudoms at the port or place 
 where fuch penalties or forfeitures (hall be reco- 
 ycred, for the i|fe of his Majefty, his heirs and 
 fuc(:e(rorss one-third part to the Governor or 
 jCommander in Chief of the faid Colony or Plant- 
 ation I and the other third part to the perfon who 
 ihall feize, inform, and fue ror the fame, excepting 
 fuch feizures as (hall be made at fea by the Com- 
 manders or OfHcers of his Majefty's (hips or vef- 
 fels of war duly authorifed to itiake feizures; one 
 moiety of which feizures, and of the penalties and 
 forfeitures recovered thereon, firft deducing the 
 charges of profecution from the grofs produce 
 thereof, (hall be paid as aforefaid to the ColleC'tor 
 pf his Majefty's Cuftoms, to and for the ufe of his 
 lVJaJ€|fty, nis heirs and fucce(rorsi and the other 
 mpiety p him or them who (hall feize, inform, 
 and fue for the fame ; any law, cuftom, or ufage 
 to the contrary, notwithftanding i fubjeft never- 
 thelefs to fuch diftribution of the produce of the 
 feizures fo made at fea, as well with regard to the 
 mpjety herein before granted to his Majefty, his 
 heirs and fucce(rors, as with regard ^o the other 
 moiety given to the Seizor or Profecutor, as his 
 Majelly, his heirs and fucceftbrs (hall think He tq 
 prd^r and diredl by any * order or orders of Coun- 
 
 * On the 1 2th of Odober 1764, an order of Council was 
 made for the diftribution of his Majefty's fhare of feizures 
 fimpngft the Captors, in the proportions therein fct forth. 
 
in North America^ &:c. 
 
 3S9 
 
 c\\, or by any Proclamation or Proclamations to 
 be made for that purpofe. 
 
 And in f. 46. of the fame Aft, it is cnadled^ 
 That in cafe any information fhall be commenced 
 and brought ro trial in America, on account of 
 any feizure of any (hip or goods as forfeited by 
 this or any other A(St of Parliament relating to 
 his Majefty's cuftoms, wherein a verdidk or fcn- 
 tence fliall be given for the Claimer thereof, and 
 it (hall appear to the Judge or Court before 
 whom the fame (hall be tried, that there was 
 a probable caufe of feizure, the Judge or Court 
 before whom the fame (hall be tried, fhall * cer- 
 tify on the Record or other proceedings, that there 
 was a probable caufe for the Frofecutor's feizing 
 the faid (hip or goods i and in fuch cafe the De- 
 fendant (hall not be intitled to any cods of fuit 
 whatfoever ; nor (hall the perfons who feized the 
 faid (hip or goods be liable to any aftion, or other 
 fuit or profecution on account of fuch feizure s 
 and in cafe any aftion, or other fuit or profecution 
 (hall be commenced and brought to trial againd 
 any perfon or perfons whatfoever, on account of 
 the feizing any fuch (hip or goods, where no in-^ 
 formation (hall be commenced or brought to trial 
 to condemn the fame, and a verdift or fentence 
 Ihall be given upon fuch aftion or profecution 
 againft the Defendant or Defendants, if the Court or 
 Judge before whom fuchaftion or profecution (hall 
 certify in like manner as aforefaid^ that there was 
 a probable caufe for fuch feizure, then the Plain- 
 tiff, bcfides his (hip or goods fo feized, or the 
 value thereof, (hall not be entitled to above two- 
 pence damages, nor to any cofts of fuitj nor 
 
 1 1 ''1*1 * 
 
 ■I , ; 
 
 ' 'i 
 
 M 
 
 1 > k'\ 
 
 ■:i,| 
 
 ill :; m 
 
 t By ^ decifion of the Cpurt of King's Bench in Eng- 
 land, this Certificate may be made at any time. 
 
 A a 4 
 
 fliall 
 
3^0 Confiituiien of the British Colonies 
 
 ihall the Defendant^ in fuch profccution, be Hncd 
 above one (hilling. 
 
 And by the 47th feclion of the fame Aft, it is 
 6nafted, That if any action or fnit (hall be com- 
 menced either in Great Britain or America, againll 
 any perfon or perfons for any thing done in pur. 
 fbance of this or any other A^l of Pjirliament re- 
 lating to his Majefty's Cuftoms, the Defendant or 
 Defendants in fuch adion or fuic may plead the 
 general iflue, and give the faid A<5ts, and the 
 fpecial matter in evidence at any trial tp be had 
 thereupon ; and that the fame was done in pur- 
 fuance and by the authority of fuch Aft ; and if 
 it (hall appear fo /to have been done, the Jury 
 iliall find for the Defendant or Defendants ; am) 
 if the Plaintiff (hall be non-fuited, or difcontiaue 
 his aftion after the Defendant or Defendants fhill 
 have appeared, or ifjudgnnent iliall be givtn upon 
 verdift or demurrer againft the Plaintiff, the De- 
 fendant or Defendants (hall recover treble cofts, an4 
 have the like remedy for the fame as Defendants 
 have in other cafes by Law. By 8 Geo. III. c. 22. 
 all forfeitures and penalties infliftcd by any A6ts 
 relating to the trade or revenues of the Britilh Co- 
 lonies in America, may be fued for and recover- 
 •cd in any Court of Vice-Admiralty, having jurif- 
 diftion within the Colony or place where the 
 caufe of fuit (hall have arifen i and either party 
 may appeal from fuch determination to any Court 
 of Vice-Admiralty appointed to hear and deter- 
 mine fuch Appeals. 
 
 In profecutions in the Court of Vice- Admiralty 
 in the Colonies for the breach of any Aft of Par- 
 liament relating to the trade and revenues of the 
 Colonies, all queftions, as well of faft as of law, 
 are decided by the Judge alone, without the in- 
 tervention of a Jury j for fuch was the inclination 
 
 of 
 
 5^ 
 
in North America, &c. 
 
 361 
 
 of the Culonifts in many Provinces to carry on a 
 contraband trade, that, to try the fad of an in- 
 formation by a Jury would be ahnoft equivalent 
 to the repealing the A6t of Parliament on which 
 luch information was grounded. In other refpeds, 
 1 apprehend the proceedings fhould be conduced, 
 as near as may be, to the practice of the Court of 
 Exchequer in England 5 and thofe who have afled 
 cthcrwife have committed ftrange millakes. Some 
 years ago, the Judge of the Court of Vice-Ad- 
 miralty in a Colony on the Continent demanded 
 (X officio from., and adminillered the Oath of Ca- 
 lumny to an Officer of the Cufloms there, who 
 profecuted in that Court for a fcizure, under the 
 laws of Trade i which furprifed me the more, as 
 that Judge was bred to the law. 
 
 FpRM of an Information in a Court of Vice- 
 MmiraUy in the Colonies^ in the Cafe of a Veffel 
 and Cargo fcized for a Breach of the AGs of 
 
 Trade, 
 
 A—, in the Court of 
 Vice- Admiralty. 
 
 I 
 
 Before the Honourable 
 W. M. Efqi Judge of 
 his Majefty's Court of 
 Vice- Admiralty, held 
 for the Ifland of A — * 
 
 BE it remembered, that F. G. Elq; Mafterand 
 Commander of his M.ijelty's floop of war the 
 Merlin (being a perfon duly and legally autho- 
 rill'd and impowered to make feizures, and to in« 
 form againll and profecurc the fame), who, as 
 well for our Sovereign Lord the King as for him- 
 fclf, proferutes, comes into this Court on this 
 ?ift day of March, in the year of our Lord 1765, 
 jq his proper pcrf.>n, and as well for our faid 
 
 Lor4 
 
 J.'' 
 
 
 

 ^i 
 
 I 
 
 1 
 
 362 Conftitution of the British Colonies 
 
 Lord the King as for himfclf, gives this Court to 
 underfland and be informed, that between the 
 ift day of the month of December lad paft, and 
 the day of exhibiting this Information, he thefaid 
 F. G. on the high feas, and within the jurif. 
 diftion of this Court, did feize and arrcft the 
 fchoonef or vcflcl called the Qnecn of Stars 
 (whereof J. B. D. was Mafter), with her ap- 
 parel and furniture, and the goods, wares, and 
 merchandifes on board her, being the goods, 
 w:ircs, and merchandifes of merchants unknown j 
 for this, to wit, that the faid goods, wares, and 
 merchandifes were between the faid ift day of the 
 month of December laft paft and the day of ex- 
 hibiting this Information exported in the faid 
 fcliooner or veffcl out of fome Colony or Planta- 
 tion in America, then and now belonging to, and 
 in the poflcflion of our prefent Sovereign Lord the 
 King by way of merchandife, the aforefaid fchoo- 
 jier or vcflel at the aforefaid time of the exporta- 
 tion of the faid goods, wares, and merchandifes, not 
 being a fchooner or vcflel wholly owned by the 
 people of Great Britain, or of the Dominions and 
 Plantations thereunto belonging, or any of them, 
 and navigated with the Mafter and three-fourths 
 of the mariners of the faid places only againll the 
 form of the Statute in fuch cafe made and pro- 
 vided : Wherefore the faid F. G, as well for our faid 
 Sovereign Lord the King as for himfelf, prays 
 the advice of this Court in the premifes and due 
 procefs againft the faid fchooner or veiTel : and 
 that the faid fchooner or veflel, with her apparel 
 and furniture, and the goods, wares, and mer- 
 chandifes aforefaid, for the caufes aforefaid, may, 
 by the definitive fentence of this Court, remain 
 and be adjudged, forfeited, and may be divided 
 in fuch manner as is diredted by the late Statute 
 
 a made 
 
in North America, &c. 
 
 363 
 
 made in the fourth year of his faid prefect Ma- 
 jefty's reign with regard to feizures made at Tea 
 by the Commanders or Officers of his Msyefly's 
 jhips or velTels of war duly authorifed to make 
 feizures ) fubjed peverthelefs to fuch diftribu- 
 tion as is diredbed by his faid prefent Majefty's 
 order in Council, made the larh day of Octo- 
 ber, in the year of our Lord 1764: and the 
 faid F. G. further giveth this Court to un- 
 derhand and be informed. That between the 
 id day of the month of December lad pad and 
 the day of exhibiting this Information, he the 
 faid F. G. on the high feas, and within the ju« 
 rifdi^tion of this Court, did feize and arrefl: the 
 faid fchooner or velTel called the Queen of Stars, 
 with her apparel and furniture, and the goods, 
 wares, and merchandifes on board her, being the 
 goods, wares, and merchandifes of merchants 
 unknown i for this, to wit, that the faid fchooner 
 orvefTel between the faid ift day of December lad 
 paft, and the day of exhibiting this Information, 
 did load certain goods, wares, and merchandifes 
 in one of his Majedy's Plantations in America, 
 before the Mader or perfon having a charge of the 
 faid fchooner or velTel did make fuch oath or af- 
 firmation before the Governor or CoUedor of 
 the Cudoms of fuch his Majedy's Plantation 
 in America where the faid fchooner or veflel did 
 arrive, as is diredled in and by a certain Statute 
 made in the fifteenth and fixteenth years of the 
 reign of his late Majedy King George the Second j 
 whereupon the faid fchooner or veflel became 
 forfeited and lod, as if die had not been regidered 
 in purfuance of a certain Aft of Parliament made 
 in th^ feventh and eighth years of the reign of 
 King William the Third : Wherefore the faid 
 F. G. as well for our faid Sovereign Lord the 
 
 King 
 
 *;(! 
 
 ii'-i' 
 
 ;a, 
 
 I ('■!■■?(>(- 
 
 :>"l' 
 
 f^m ' mil ' 
 
 nm^ 
 
 
 V -i 
 
h 
 
 
 3^4 Conjlitution of the British Colon'ics 
 
 King as for himfclf, prays the advice of this 
 Court in the preniifes and clue proccfs againft the 
 faid fchooner or veflcl, and that the laid fchooner 
 or veHcl, with her apparel and furniture, for the 
 caufe lad aforefaid, may, by the definitive fen- 
 tence of this Court, remain and be adjudged, 
 forfeited, and may be divided in fuch n:anner as 
 is dirc«fled by the faid late Statute made in 
 the fourth year of his preftnt Majefty's reign, 
 with regard to fcizures made at fea by the Com- 
 manders or Officers of his Majefty's /hips or 
 ve^ els duly authorifcd to make feizures j fub- 
 je£l ncverthclefs to fuch diflribution as is direded 
 by his faid prefent Majefty's order in Council, 
 made the iixh day of Odober, in the year of 
 our Lord 1764; and the faid F. G. further 
 giveth this Court to undcrftand, and be inform- 
 ed, that between the id day of the month of 
 December laft pad and the day of exhibiting this 
 Information, he the faid F. G on the high fea?, 
 and within the jurifdidion of this Court, didfcize 
 and af reft divers goods, wares, and merchandifts 
 on board the faid fchooner or veffel, being the 
 goods, wares, and merchandifes of merchants un- 
 known. ^ fpr this, to wit, that between the faid 
 J ft day of December laft paft and the day of ex- 
 hibiting this Information, the faid goods, wares, 
 and merchandifes were ftiipped and laden on board 
 the faid fchooner or velTcl in one of the Britifli 
 Colonies or Plantations in America, to be car- 
 ried from thence to fome other Britifh Colony or 
 Plantation, without a fufFerance or warrant, firit 
 had and obtained from the Colledlorj^ or other 
 proper Officer of the Cuftoms at the port or place 
 where fuch goods were put on board ; and for 
 that the Mafter of the faid fchooner or veffel 
 did not, before the fame were removed or carried 
 out from the port or place where he took in his 
 
 lading, 
 
in North America, Sec, 
 
 36/; 
 
 lading, take out a cocket or cockcts cxprcfling 
 the quancity and quality of the goods and marks 
 of the packagfrfo laden, with the merchants names, 
 by whom fhipped, and to whom configncd, againft 
 the form of the Statute in fuch cafe made and 
 provided ; wherefore the faid F. G. as well for 
 our faid Sovereign Lord rhe King as for himfelf, 
 prays the advice of this Court in the premifes, and 
 due procefs againll the faid laft mentioned goods, 
 wares, and merchandifes i and that the faid goods, 
 wares, and merchandifes, for the caufcs laft aforc- 
 faid, may, by the definitive fentence of this Court, 
 remain and be adjudged, forfeited, and may be 
 diftributed in fuch manner as is diredlcd by the 
 faid late Statute made in the fourth year of his 
 prefenc Majefly's reign, with regard to feizures 
 made at fea by the Commanders or Officers of his 
 M.ijefty*s fhips or veflels duly authorized tonlakc 
 feizures j fubjeft n^verthelefs to fuch diftribution 
 as is diredled oy his faid prefent Majefty's order 
 in Council, made the 12th day of Odtober, in the 
 year of our Lord 1764. 
 
 Another Form of an Information. 
 
 St. C , in the Court ) Before the Honourable 
 
 of Vice- Admiralty. J J K -, £fq; 
 
 Judge of his Ma- 
 jefty's Court of Vice- 
 Admiralty held for 
 the Ifland of St. C— , 
 
 BE ft remembered, that F. G. Efqj Mailer and 
 Commander of his Majefty 's floop of war the Mer- 
 lin (being a perfon duly and legally authorifcd and 
 impowercd to make feizures, and to inform 
 againft; and^profeeutc the fame), who> as well 
 
 for 
 
 A i ■ 
 
 I I 'I 
 
 .; K 
 
 it 'H.; 
 
 eii 
 
 
 €1 
 
 smm 
 
 Wvn 
 
366 Conftituiion of ibe British Colonies 
 
 for our Sovereign Lord the King as for himfclf, 
 profecutes, comes into this Court on this 
 day of April, in the year of our Lord 1765, in 
 iiis proper perfon* and as well for our faid Lord 
 the King as for himfelf> gives this Court to un- 
 derdand and be informedi that between the ift 
 day of Auguft laft pad, and the day of exhibiting 
 this Information, he the faid F. G. on the high 
 Teas, and within the Jurifdi6lion of this Court, 
 did feize and arred the floop or vedel called the 
 Catherine (whereof A. G. was Mader), with her 
 apparel and furniture, and the goods, wares, and 
 merchandifes on board her, being the goods, 
 Ivares, and merchandifes of merchants unknown ; 
 for this, to wit. That the faid floop or veiTel, be- 
 tween the faid id day of Augud lad pad, and the 
 day of exhibiting this Information, did load cer- 
 tain goods, wares, and merchandifes in one of 
 his Majedy's Plantations in America, before the 
 mader or perfon having charge of the faid floop 
 or vedfel did make fuch oath or affirmation, 
 before the Governor or Colledlor of the Cudoms 
 of fuch his Majedy*s Plantations in America, 
 where the faid floop or Veflel did arrive, as is di- 
 teded in and by a certain Statute made in the 
 15th and 16th years of the reign of his late Ma- 
 jefty King George the Second; whereupon the 
 faid floop or vefTel became forfeited and lod, as if 
 Ihc had nor been regidered, in purfuance of a cer- 
 tain A61: of Parliament made in the 7th and 8th 
 years of the reign of King William the Third: 
 Wherefore the faid F. Gm as well for our faid 
 Sovereign Lord the King as for himfelf, prays 
 the advice of this Court in the premifes and due 
 procefs againd the faid floop or veflel s and that 
 the faid floop or vcfl*el, with her apparel and fur- 
 niture, for the caufc aforcfaid, may, by the dc- 
 
 nnicivc 
 
in North America, Sec. 
 
 s(^l 
 
 finitivc fcntcncc of this Court, remain and be ad- 
 judged rorfcitcd, and iiay be divided in luch 
 manner as is direded by the faid late Statute 
 made in the fourth year of his prcfcnt Ma- 
 jcfty's reign with regard to feizurcs made at fea 
 by the Commanders or Officers of his Ma- 
 jcfty*s (hips or vcflcls, duly authorifed to make 
 Icizures j fubjeft ncverthelcfs to fuch diftribu- 
 tion as is direfted by his faid prefcnt Majcfty's 
 Order in Council, made the I2th day of Odober, 
 in the year of our Lord 1764 : and the faid F* G. 
 further givcth this Court to underfland and be in- 
 formed, That between the 1 ft day of Auguft lalt 
 pad, and the day of exhibiting this Information^ 
 he the faid F. G. on the high feas, and within the 
 jurifdidlion of this Court, did feize and arreft 
 the faid floop or vefTcl called the Catherine, with 
 her apparel and furniture, and the goods, wares» 
 and merchatidifes on board her, being the goods, 
 wares, and merChandifes of merchants unknown 1 
 for this, to wit. That the faid floop or vcflel be- 
 tween the faid ift day of Auguft laft paft, and the 
 day of exhibiting this Information, did unload 
 certain good^, wares, and merchandifes in one of 
 his Majefly's Plantations in America, before the 
 Mailer or perfon having charge of the faid floopi 
 or veflcl did make fuch oath or affirmation before 
 the Governor or Colledtor of the Cuftoms of fuch 
 his Majelty's Plantation in America, where the 
 faid floop or veflel did arrive, as is directed in and 
 by a certain Statute made in the 15th and i6th 
 years of the reign of his late Majefly King George 
 the Second : whereupon the faid floop or veflcl 
 became forfeited and loll, as if Hie had not been 
 regiftered, in purfuance of a certain A61 of Par- 
 liament made in the fevcnth and eighth years 
 of the reign of King William the ThirU : Where- 
 fore 
 
 
 4 
 
 
 . fn if, 
 
 ! H 
 
 ^ i 
 
.J! 
 
 I 
 
 S! 
 
 
 1 i 
 
 3^8 ConfiUuiioft of the British Coloi^ies 
 
 fore the faid F. G. as well for our faid Sovereign 
 Lord the King as for himfclfj prays the advice of 
 this Court in the premifes, and due procefs agalnft 
 the faid (loop or vefTel i and that the faid floop or 
 veflcl, with her apparel and furniture, for the 
 caufelaft aforefaid, may, by the definitive fcntencc 
 of this Court, remain and be adjudged, forfeited, 
 and may be divided in fuch manner as is direfted 
 by the fajd late Statute made in the fourth year of 
 his prefcnt Majefty's reign, with regard to feizures 
 inade at f* a by the Commanders or Officers of hi& 
 Mdje(ly'^ ibips or velTela duly authorifed to make 
 |i:i;^'iires^ fubjeft neverthelefs to fuch diflribution 
 as is directed by his faid prcfent Majefty's order 
 in Council, made the 12th day of (>5tpber, ia 
 the year of pur Lord 1764. 
 
 An Appeal lies from the fentence or judgment 
 pf^his Court in matters relating to t)^ trade of 
 feveiikj)^^ of the (^ojpnies to his ^{aj^ily in Coun« 
 cij i but| if the nc^att?r in qucftion dops^ not cx^ 
 Cfji^^J jii^efpippr valMje,of50pl. Sterling, then the 
 
 JiiartyTirbo i; dcfirous pf appe^iog muft, firft pre- 
 iqr a Petition to his M^j^y for leave to appeal* 
 fro/^ fuph judgment iprfentence ; ,an4 iC^h^ prayer 
 of fMch^petitipn i^ granted, then an order of Couqt 
 ^1 j^ 4t^wtk up ii^ , (h« foUowin g fora> ; 
 
 
 D^^l 
 
 '{^A>hi Vi 
 
 
 '^r.-cy 
 
 ivy 
 
 rtM 
 
 '\. 
 
 Ai 
 
in North America^ &c. 
 
 3^9 
 
 Ac the Court at St. James's, 
 the 6th day of September, 
 1765. 
 
 PRESENT: 
 
 The King's Moft Excellent Majefty, 
 
 Lord Prefiaeiit Earl of Litchfield 
 
 Lord Chamberlain Earl of Egmont 
 
 Duke of Grafton Earl of Relborough , 
 
 Marquis of Rockingham Lord Grantham 
 
 Earl of Huntingdon Mr. Comptroller. 
 
 Upon reading at the Board a Report from the 
 Right Honourable the Lords of the Committee of 
 Council for hearing Appeals from the Plantations, 
 dated the 14th of laft month, in the words fol- 
 lowing, viz. 
 
 " Your Majefty having been pleafed by your 
 Order in Council of the ill of this inftant, to 
 refer unto this Committee the humble Petition 
 of J— P , of the Tfland of Antigua, vint- 
 ner; humbly praying, That he may be admit- 
 ted to an Appeal from a Sentence given in the 
 Vice-Admiralty Court of the faid Ifland of 
 Antigua, on the 22d of February 1765, in 
 
 favour of W A , Efq; Commander 
 
 of your Majedy^s fhip the B— — , where- 
 by a fmall fchooner or boat called the Free 
 Mafon, belonging to the Petitioner, was 
 condemned, for having taken goods, wares, 
 and merchandifes on board before the Mafter 
 of her had made fuch oath or affirmation as is 
 direfted by the Statute j and further praying, 
 that the Governor of the Leeward Iflands may 
 be permitted to put the Great Seal to the pro- 
 ceedings upon the faid fcizure, that the fame 
 
 B b ** may 
 
 (( 
 (( 
 (( 
 (( 
 (( 
 
 K 
 (( 
 (( 
 (( 
 l( 
 « 
 (( 
 « 
 (( 
 (( 
 (( 
 (( 
 (( 
 
 f! .' 
 
 I ' 
 
 ni 
 
 m'- ri 
 
 mu 
 
 t; 'i\ 'jf 
 
 
 m 
 
 I: 
 
 Iff; 
 
 
 > \' 
 
 iiii 
 
 WW ' 
 
 
 jr.! 
 
 
mWmmr ' i 
 
 
 370 Conftitution of the British Colonies 
 
 may be tranfmittcd and brought before your 
 Majefty in Council. — The Lords of the Com- 
 mittee, in obedience to your Majefty's laid 
 order of Reference, this day took the faid Pc- 
 tition into their confideration, and heard the 
 Petitioner by his Solicitor thereupon, and do I 
 agree humbly to report to your Majefty as their j 
 opinion, that the Petitioner Ihould be admit- 
 ted to an Appeal to your Majefty in Council | 
 from the faid Sentence given in the Vice-Ad- 
 miralty Court of the Ifland of Antigua, on thel 
 22d or February 1765, upon entering into the 
 ufual feciirity here for profecuting the fame to 
 efFcd within a year and a day, and abtdingthe 
 determination of your Majefty in Council 
 thereupon :-*-and that the Petitioner Ihould be 
 allowed copies of all the proceedings in the faid 
 caufe, properly authenticated under the Seal 
 of the Leeward Illands, upon paying the ufual | 
 fees for the fame." 
 
 His Majefty this day took the faid report into 
 confideration, and was pleafed, with the advice of 
 his Privy Council, to approve thereof, and to 
 order, as it is hereby ordered. That the faid J— 
 
 P be admitted to appeal to his Majefty in| 
 
 Council from the faid Sentence given in the Vice- 
 Admiralty-Court of the IQand of Antigua on thel 
 Q.id of February 1765, upon entering into the] 
 ufual fecurity here for profecuting the fame to ef- 
 fed within a year and a day, and abiding the de- 
 termination of his Majefty in Council thereupon,! 
 and paying fuch cofts as ftiall be awarded by his 
 Majefty in Council, in cafe the faid Appeal be 
 difmifled : and it is hereby further ordered, Thatj 
 the Petiponer be allowed copies of all the pro- 
 ceedings in the faid caufe, properly authenti-l 
 
 caced 
 
in North Ametiga, &c. ^571 
 
 cated under the Seal of the Leeward Iflands, up- 
 on paying the ufual fees for the fame : whereof 
 the Governor or Commander in Chief of his Ma* 
 jefty's Leeward Charibbee Iflands for the time 
 being, and all others whom ic may concern, arc 
 to take notice, and govern thcmfclves accordi igly. 
 
 W. SHARPE. 
 Council Chamber, Whitehall, 
 the 18th day of Sept. 1765. 
 
 This day R- 
 merchanti and 
 
 — O of Gould's Square, 
 
 M— ~ L of the fame 
 
 place, Gentleman, entered into the fecurity re- 
 quired by the above Order. 
 
 W. SHARPE. 
 
 C p A P. XIV. 
 
 the metbcd of autbenticating Letters of Attor- 
 ney, /i»^ Afbidavits in Great Britain^ for the 
 Recovery of Debts in the Colonies in America^ with 
 Forms of both forts » 
 
 BEFORE the fifth year of King George 
 the Second, the Legiflatures of fome Co- 
 lonies had paffcd Afts of Aflembly to make 
 lands and Negroes there liable to the pay- 
 ment of debts, whilft others rcfufed fo to do :— 
 on which feveral merchants in England that 
 traded to the Colonies preferred a Petition to Par- 
 liament, and complained that in Virginia and Ja- 
 maica, a privilege was claimed to exempt their 
 houfes, lands and tenements, and their negroes 
 alfo from being extended for debt ; and the Lords 
 of Trade reprefented, that the Affcmbliesof thofc 
 Colonies could never be induced to divell them- 
 felves of thcfc privileges by any A6fc of their own. 
 In confcqucncc of this Petition, the Statute of 
 
 B b a ^ Geo, 
 
 If'-'' •- 
 
 t. 
 
 \t 
 
 •I'n.'!: 
 
 '. 'i 
 
 ■A 
 
 m.\h'''y 
 
 i 
 
 i;i' 
 
 i. mm 
 
 ..if"' 
 
 ;; '\i 
 
 J I i 
 
 ■fii 
 
^"jl Conjlitution of the British Colonies 
 
 5 Geo II. c. 7. intitled, " An A<^ for the more 
 *' cafy recovery of debts in his Majefty*s Plantations 
 " and Colonies in America," was made j by which 
 it is enaded, That in any aftion or fuit then de- 
 pending, or thereafter to be brought in any Court 
 of Law or Equity in any of the faid Plantations, 
 for or relating to any debt or account, wherein 
 any perfon redding in Great Britain ihall be a 
 party, it ihall and may be lawful to and for the 
 Plaintiff or Defendant, and alfo to and for any 
 witnefs to be examined or made ufe of in fuch 
 adlion or fuit, to verify or prove any matter or 
 thing by affidavit or affidavits in ^^riting upon 
 oath ; or in cafe the perfon making fuch affidavit 
 be one of the people called Quakers, then upon his 
 or her folemn affirmation, made before any Mayor 
 or other Chief Magiftrate of the city, borough, 
 or town corporate in Great Britain, where, or 
 near to which, the perfon making fuch affidavit or 
 affirmation ihall refide, and certified and tranf- 
 mitted under the Common Seal of fuch city, bo- 
 rough, or town corporate, or the Seal of the Of- 
 fice of fuch Mayor, or other Chief Magiflratc; 
 which oath and folemn affirmation, every fuch 
 Mayor and Chief Magiflrate ihall be and is here- 
 by authorifed and impowered to adminifler ; and 
 every affidavit or affirmation fo made, certified, 
 and tranfmitted, fhall, in all fuch adlions and 
 fuits be allowed to be of the fame force and elfeft, 
 as if the perfon or perfons making the fame upon 
 oath or folemn affirmation as aforefaid, had ap- 
 peared and fworn or affirmed the matters contained 
 in fuch affidavit or affirmation viva voce in open 
 Court, or upon a Commiffion ifTued for the exa- 
 mination of witnefTes, or of any party in any fuch 
 aflion or fuit refpedively j provided that in every 
 fuch affidavit and affirmation ihere fhall be ex- 
 
 prefTed 
 
 ' f : S 1 i^ 
 
in North America, &c. 
 
 373 
 
 preflTed the addition of the party making fuch 
 affidavit or affirmarion, and the particular place 
 of his or her abode. 
 
 And by feft. a. of the fanne Aft, it is enafled. 
 That in all fuits then depending, or thereafter to 
 be brought in any court of law or equity by or in 
 behalf of his Majefty, his heirs and focccflbrs in 
 any of the faid Plantations, for or relating to any 
 debt or account, that his Majefty, his heirs and 
 fucceflbrs, fhall and may prove his and their 
 debts and accounts, and examine his or their wit- 
 nefs or witnefles by affidavit or affirmation, in 
 like manner as any fubjeft or fubjcfts is or arc 
 impowered, or may do by this prefent a6t. 
 
 And by fed. 3. of the fame aft, it is enafted. 
 That if any perfon making fuch Affidavit, upon 
 oath or folemn Affirmation, as aforefaid, (hall be 
 guilty of falfely and wilfully fwearing or affirm- 
 ing any matter or thing in fuch Affidavit or Af- 
 firmation, which if the fame had been fworn 
 upon an examination in the ufual form, would 
 have amounted to wilful and corrupt perjury, 
 every perfon fo offending, being thereof lawfully 
 convifted, fhall incur the fame penalties and for- 
 feitures, as by the laws and ftatutes of this realm 
 are provided againft perfons convifted of wilful 
 and corrupt perjury. 
 
 And by feft. 4. of the fame Aft, it is enafted. 
 That the houfes, lands, negroes, and other here- 
 ditaments and real eftates, fituate or being within 
 any of the faid Plantations belonging to any per- 
 fon indebted, (hall be liable to and chargeable 
 with all jutl debts, duties, and demands of what 
 nature or kind foever, owing by any fuch perfon 
 to his Majelty, or any of his fubjefts, and fliall 
 aad may be alTcts for the fatisfaftion thereof, in 
 
 B b 3 like 
 
 ii.n 
 
 
374 Confiitution of the British Colonies 
 
 like manner as real eflates are by the law of Eng- 
 land liable to the fatisfadtion of debts due by 
 bond or other fpecialty, and (hall be fubjefl to 
 the like remedies, proceedings, and procefs in 
 any Court of Law or Equity, in any of the faid 
 Plantations ref^edively, for feizing, extending, 
 felling, or difpofing of any fuch houfes, lands, 
 negroes^ and other hereditaments and real eftates, 
 towards the fatisfaflion of fuch dtbts, duties, and 
 demands, and in like manner as perfonal eftates 
 in any of the faid Plantations refpeftively, arc 
 feized, extended, fold or difpofed of> for the fa- 
 tisfaflion of debts. 
 
 A Letter of Attor ney and an Affidavit cent" 
 fed under the Seal of the City of London, for the 
 purpofe of recovering a Debt in one of the Colonies, 
 due to a P&fon in Great Britain, 
 
 ' TO all to whom thefe prefents fhall come, I 
 William Bridgen, Efqj Lord Mayor of the City 
 of London, in purfuance of an Ad of Parliament 
 made and paffed in the 5th year of the reign of 
 our late Sovereign Lord King George the Second, 
 intituled, An Aft for the more eafy recovery of 
 debts in his Majedy's Plantations and Colonies in 
 
 America, do hereby certify, That J — — B 
 
 of Upper Thames-ftreet, London, Clerk to J 
 
 R — of L — — ftreet, London, Attorney at 
 
 Law, being a perfon well known and worthy 
 of good credit, did by folcmn oath, which he 
 took upon the Holy Evangelifts of Almighty 
 God, folemnly declare, teftify, and depofe to be 
 true, the feveral matters and things contained in 
 the Affidavit hereunto annexed. 
 
 In 
 
i« North America, &c, 375 
 
 In Faith and Teftimony whereof, 
 I the faid Lord Mayor have 
 caiifcd the Seal of the Office of 
 Mayoralty 'of the faid City of 
 London to be hereunto put and 
 affixed, and the Bill or Ac- 
 count, and Deed, Poll, or Let- 
 ter of Attorney, mentioned in 
 the faid Affidavit, to be alfo 
 hereunto annexed. Dated in 
 London the 1 5th day of March, 
 in the 4th year of the Reign 
 of our Sovereign Lord George 
 the Third, by the Grace of 
 God, King of Great Britain, 
 France and Ireland, Defender 
 of the Faith, and in the year of 
 our Lord 1764. 
 
 HODGES. 
 
 J B of Upper Thames-ftrcet, Lon- 
 don, Clerk to J R of L ftrect, 
 
 London, Attorney at Law, maketh oath. That 
 the Bill or Account hereunto annexed, Hgned by 
 
 the faid J R , is a juft and true copy of a 
 
 Bill or Account, as entered in the books of the faid 
 J — *— R — — by this Deponent : and this Depo- 
 nent further faith. That he did on the 3d of May, 
 1762, deliver a copy of the faid bill to Mr. J— — 
 
 Y , perfonally, at the houfe of Mr. W— — 
 
 L— — , Merchant, in Brabant Court, Philpot- 
 iane, London : and this Deponent further faith. 
 That he verily believes that the fum of 10/. 6s, 6d, 
 the amount of the faid bill or account is now 
 jiiftly due and owing from the faid J — — 
 
 Y to the faid J R : and this 
 
 Deponent further faith. That he was prefent, and 
 
 did fee the faid J R duly fign, fcal, 
 
 B b 4 and 
 
 -.1 
 
 vmi 
 
 if 
 •ft 
 
 ■ Mm 
 
 : M 
 
 > 4' 
 
 ■•■ ->■ 
 
37 6 Conftitution of the British Colonies 
 
 and as his a6l and deed, -deliver the Deed, Poll) 
 or Letter of Attorney hereunto alfo annexed » 
 
 and that the name J B , thereunto 
 
 fubfcribed as a witnefs, is the proper hand-writ- 
 
 jng of this Deponent ; and that the name W 
 
 E— — y thereunto alfo fubfcribed as a witnefs, is 
 the proper handwriting of the faid W — - — 
 
 E . 
 
 Sworn at the Guildhall/ J B , 
 
 London, the 1 5th day 
 of March 1764, be- 
 fore me, 
 
 W. Bridgen^ Mayor. 
 
 Mr. J Y— -. 
 
 D'. to J R , 
 
 I' J- i 
 
 >7^*' 
 
 Aug. 6. Drawing and ingroffing 
 
 Power of Attorney from 
 
 you to MeflT. H , 
 
 and others, of Antigua, 
 - generally to fell eftates, 
 and tranfaift all your af- 
 fairs, T o 10 6 
 
 Drawing and ingrofling Af- 
 davit of the due execu- 
 tioa thereof before my 
 Lord Mayor, - 056 
 
 Attending at the Manfion 
 Houfe to fwear the fame, 
 and paid fwearing 080 
 
 Paid for the City Seal o 18 8 
 
 Many attendances procu- 068 
 ring the fame, 
 28. Drawing and ingroiling Af- 
 fidavit, proving you to 
 
 • It is hoped the Editor will be excufed for fetting oat this | 
 ihort Bill of Coils, as it contains the expence of the City Seal, 
 &c. Bat the ftamps are, in fome iaftances, increafed fince the 
 year 1762. 
 
for fctting out this j 
 ce of the City Seal, 
 increaied fince the 
 
 * in North America, &c« 
 
 Aug. 28. be the only furviving 
 Guardian of the pcrfon 
 
 and cftatc of S 
 
 G , 
 
 cpt. 23. To your proportion of 
 three fets of Arbitration 
 Bonds between you and 
 
 Mr. S i and for my 
 
 trouble and many at- 
 tendances on you both, 
 
 and Mr. D , one of 
 
 the Arbitrators, to fix 
 him, f 
 
 45. Drawing Affidavit relating 
 to the Pri vateerSchooncr 
 Sally, having loft her 
 mails. Sec, in a gale of 
 wind. 
 Copy thereof for Mr. 
 
 B *s perufal, 
 
 Ingrofling and ftamps 
 OSt, 24. DrawingAffidavit for Cap- 
 tain P , late Mafter 
 
 of the True Friend, to 
 prove the capture of the 
 veffel. 
 Fair copy thereof for your 
 and Capt. S 's per- 
 ufal, 
 1762. Ingroiling thereof, and 
 Jan. 19. ftamps, 
 
 Frelh ingroffmcnt of the 
 fame, with further proof, 
 and ftamps. 
 Letter and Meffenger to 
 
 Mr. R S , 
 
 threatening to fue him 
 " • for rcfufing to fettle the 
 
 o 
 o 
 
 377 
 
 o 5 
 
 2 o 
 
 050 
 
 2 
 
 4 
 
 6 
 o 
 
 050 
 
 040 
 
 o 4 6 
 
 I! 
 
 :m 
 
 
 '4 
 
 m 
 
37 8 Confiitution of thi British Colonies • 
 
 lofs upon a policy under- 
 vixott by hiiTij upon 
 >vhich he immediately 
 fettled, - 068 
 
 Letter and MefTenger to 
 the Mailer of the Swan 
 with Two Necks, about 
 a parcel left there for Li- 
 verpool, which was not 
 forwarded according to 
 the direction, and advi- 
 fing you thereon, 068 
 
 You having been arrefted at 
 the fuit of your Taylor, 
 attending you at your 
 lodgings J when I pre- 
 vailed upon E^ the 
 
 c ^ officer to difcharge you, 
 
 upon your depofiting in 
 his hands two Bills of 
 Exchange as a fecurity ; 
 whichheat firft objefled 
 to, they being noted for 
 non-acceptance i but he 
 at laft accepted the fame, 
 upon my aflurance to 
 him that they were 
 ample fecurijcy for the 
 debt - - o 6 S 
 
 Attending you taking in- 
 flrufbions, and advifing , 
 delating to W— — 's af- 
 fairs } when you direded 
 me to proceed againft 
 him, and retain the Sor. 
 licitor General, 068 
 
 Retaining fee to Mr. Soli« 
 citor General^ t i 10 
 
 His Clerk, - o a 6 
 
^OLONIES % 
 
 in North America, &c. 
 
 Attending him fcarching 
 his books, and retaining 
 hinij * • o 
 
 Hilary Vacation 1762. 
 
 Y— «*— A Warrant to fue o i 
 againd > Latitat o 11 
 
 W . ^ Copy and fervice o 5 
 
 Letters and Meficngers, &c. o 5 
 Searching for common bail o 3 
 
 379^ 
 
 6 8 
 
 o 
 o 
 o 
 
 o 
 
 4 
 
 10 6 6 
 
 This is my Bill. 
 (Signed) J« 
 
 R. 
 
 TO all to whom thefc prefents (hall come, J— • 
 
 R , of L ftreet, London, Gentlemanj 
 
 fcndeth greeting : Whereas G. H. of the Ifland 
 of Antigua in the Weft Indies, drew a Bill of 
 Exchange, dated at Antigua, the i8rh day of 
 April laft, upon Mr. J M-~, Mer- 
 chant, Lombard-ftreet, London, and thereby di« 
 rtdted him at fixty days (ight to pay unto Mr. 
 T— — T — — or order, feventy eight pounds 
 fixteen (hillings and eight pence fterling, for value 
 
 received. And whereas the faid T T 
 
 duly indorfcd the fame to MelT. H — and 
 
 A , who directed the contents thereof to 
 
 be paid to M— G , Efqi or order. And 
 
 whereas the faid bill has been noted and proteftcd 
 in due form for non-acceptance and non-pay- 
 ment thereof, as by the proteft or duplicate 
 thereof nrwiy appear. And whereas the faid M ■ 
 
 G hath, in confidcration of the like fum of 
 
 7&/. i^ 4. H d* paid him by the faid J— R— ^, 
 
 duly 
 
 
 
 
 I 
 
 n I 
 
 . i: .1., 
 
 r-: 
 
 ^fm 
 
3^0 Conjiitution of the British Colonies 
 
 duly irdorfcd the faid bill to the faid J 
 
 R . And wacrcas fcvcral pcrfons in the 
 
 faid Idand of Antigua alfu (land indebted to the 
 
 faid J R in divers fums of money; 
 
 now know ye. That the faid J-—— R ' hath 
 
 made, ordained, authorifed, conflituted, and 
 appointed, and by thefe prefents doth make, or- 
 duin, authorife, conftitute, and appoint S — . 
 
 M , of Antigua aforefaid, Merchant, and 
 
 R W , of Antigua aforefaid, Efq; and 
 
 each of them, his true and lawful Attorney and 
 Attornies for him, and in his name and (lead, 
 and to and for his ufe, to a(k, demand, lue for, 
 levy, recover, and receive of and from thedrawtr 
 of, and the indorfers on the faid Bill of Ex- 
 change, and every, or any, or either of them, 
 
 either feparately or jointly, as they the faid S 
 
 M — ^- and R W , or either of them 
 
 fhall think proper j and alfo of and from all and 
 every other perfon or perfons whomfocver, whom 
 the fame doth, (hall, or may concern, all Aim 
 and fums of money whatfoever now due or owing, 
 or that (hall or may at any time or times here- 
 after be due or owing, for or on account of the 
 faid Bill of Exchange, or for or on account of 
 any cotts, charges or expences, intereft or da- 
 mages due or hereafter to be due, or accrue for 
 the fame ■, and alfo to afk, demand, compound, 
 fue for, levy, recover, and receive by all lawful 
 ways and means whatfoever, of and from all and 
 every perfon and perfons aforefaid, and all and 
 every other perfon or perfons whomfoever, whom 
 it doth, (hall, or may concern, all and every 
 debt and debts, dues, demands, fum and fums 
 of money, and other e(Feds, which now are, or 
 hereafter (hall be due, owing, payable, or belong'- 
 ing to him, the faid J—; — R j i , upon, or by 
 
 virtue 
 
in North America, ice. 
 
 381 
 
 virtue of any bond, judgment, bill, debt, or 
 upon any other account, or by any other ways oj 
 means whatfoever or howloever ; and upon re- 
 ceipt or recovery thereof, or of any part thereof, 
 receipts, acquittances, and other good and fuf- 
 (icient difcharges for the fanne, for and in the name 
 
 of him the faid J R— — , to make, give, fign, 
 
 feal, and execute j and generally to do, manage, 
 tranfaft, and perform all fuch a6ts, matters, ancl 
 things whatfoever, in and about the premifes, as 
 
 fully and effedbually as he the faid J R 
 
 might or could do, were he perfonally prefcnt, 
 and did the fame himfelf, hereby ratifying and 
 confirming all and whatfoever the faid S 
 
 M and R W , or cither of them, 
 
 ihall or lawfully may do or caufe to be done in 
 and about the premifes, by virtue of thefe pre- 
 
 fents. In witnefs whereof, the faid J R— — 
 
 hath hereunto fet his haifd and feal, this 9th day 
 of March, in the year of our Lord 1764, and in 
 the 4th year of the reign of King George the 
 Third. . 
 
 R« 
 
 Sealed and delivered, being 
 firft duly ftartnpt in the 
 prcfence of, 
 
 W E . 
 
 J B . 
 
 Mother Letter of Attorney and Affidavit, 
 certified under the Seal of the City of London, 
 
 TO all to whom thefe prefcnts fliall come, I Sir 
 William Stephenfon, Knight, Lord Mayor of the 
 City of London, in purfuance of an Act of Par- 
 liament made and paflcd in the 5th year of the 
 reign of his late Majefty King George the Se- 
 cond, 
 
 \'-y I 
 
 I .1 
 
 i- 
 
 'i ■.. I 
 
 m\ 
 
 W 
 
382 Conjlitution of the Br iTf sh Colo jiies 
 
 cond, intituled, ^n K6t for the more eafy re- 
 covery of debts in his Majefty's Plantations and 
 Colonics in America, do hereby certify, that on 
 the day of the date hereof, pecfonally came and 
 appeared before me J. L. the Deponent named 
 in the Affidavit hereunto annexed, being a per- 
 fon well known and worthy of good credit, and 
 by folemn oath, which the Deponent then took 
 before me, upon the Holy Evangeiifts of Al- 
 mighty God, did folemnly and fincerely declare, 
 teftify, and depofe to be true, the fevcral matters 
 and things mentioned and contained in the faid 
 annexed Affidavit. 
 
 In Faith and Teftimony whereof, 
 I the faid Lord Mayor have 
 caufed the Seal of the Office of 
 Mayoralty of the faid City of 
 London to be hereunto put 
 and affixed, and the Letter of 
 Attorney mentioned and re- 
 ferred to in and by the faid Af- 
 'f fidavit to be hereunto alfo an- 
 
 nexed. Dated in London the 
 26th day of O^ober, in the year 
 of our Lord 1765. 
 
 HODGES. 
 
 London to wit. 
 L L. Cleik or Book-keeper to J. D, Efq. of 
 London, Merchant, maketh oath and faith. That 
 G, V. of London, Merchant, heretofore Clerk to 
 the faid J, D. is now juftly and truly indebted 
 unto the laid J. D. in the fum of 500/. ftcrling, 
 and upwards, for monies received of fundry per- 
 fons indebted to the faid J. D. and for his ac- 
 count; and for which faid fum or any part 
 
 thereof, 
 
in North America, &c. 
 
 SH 
 
 thereof, this Deponent faith. That the faid T* D. 
 hath received no fecurity or fatisfadior. whatfo- 
 ever, this Deponent giving for reafons of his 
 knowledge and belief in the premifes, for that he 
 hath been Clerk or Book-keeper to the faid J, D. 
 for the fpace of five years laft paft and upwards, 
 been privy to all his dealings and tranfaflions in 
 trade, and that he is very well acquainted with 
 the fcveral perfons from whom the faid G. V. re- 
 ceived the money on account of the faid J. D. 
 and that he very well knows the faid G. V. hath 
 not accounted with or paid the faid J. D. the fame 
 or any part thereof: and further this Deponent 
 faith, That he was prefent and did fee the faid 
 J. D. (by the name and addition of J. D. Efq; of 
 London, Merchant), fign, feal, and as his ad 
 and deed, in due form of law, execute and de- 
 liver the original Letter of Attorney hereunto an- 
 nexed, for the ufes, intents, and purpofcs therein 
 mentioned s and that he this Deponent, and J. K. 
 who was alfo prefent at the execution of the faid 
 Letter of Attorney, are fubfcribing witneflcs to 
 the fame. 
 
 J.L. 
 Sworn the 26th day of Oftober 
 1765, before me, 
 
 W. Stephenson, Mayor. 
 
 KNOW all men by thefe prcfents, That I, 
 J. D. Efqi of London, Merchant, have made, 
 ordained, conftituted, and appointed, and by 
 thefe prefents, do make, ordain, confticute, and 
 appoint M. L. and U. L. of the Ifland of St. 
 Chriftopher's, Merchants, my true and lawful 
 Attornies i giving and by thefe prefents granting 
 unto my faid Attornies, jointly and fcverally, full 
 p9wer and lawful authority for me the faid confti- 
 3 tuent. 
 
 m 
 
 ' 
 
 Vim 
 
 I 
 
 
 li 
 
 r!:( ■ 
 
 UU, 
 
 .. K Mi..--...* 
 
 i.i ;i 
 
•«ij!i 
 
 V 
 
 \ 
 
 h 
 
 384 Conftiiution 6f thi British CotONiis 
 
 tuent, and in my name and behalf, to feize, attach^ 
 fcqueftcr, and condemn to my ufe, all fuch goods 
 and merchandife as now are of (hall hereafter be 
 found in the hands, cuftody, or pofleffion of any 
 perfon or perfons whatfoever ' belonging to G. V. 
 of London, Merchant, or fuch part thereof as 
 will be fufficient to pay and fatisfy a debt due and 
 owing to me the conftituent from the faid G. V. 
 to the amount of 500/. fterling, and upwards, 
 and upon receipts, to give one of more acquit* 
 tances or other fufficient difcharges in due form 
 of law i but in cafe of refufal or delay by any per* 
 fon Of perfons whom it doth or may concern, to 
 make and render a juft and true account, payment, 
 delivery, and fatisfadlion in the premifes, him, 
 them, and every of them, thereunto to compel, 
 and for that purpofe to appear before all Lords 
 Judges, and Juftices, in any court or courts, 
 there to anfwer, defend, and reply in all matters 
 and caufes touching or concerning the premifes, 
 and to do, fay, fue, purfue, fequcfter, attach, im- 
 prifon^ and condemn, and out of prifon again to 
 deliver; alfo, if need be, to compound, com- 
 promife, conclude, and agree by arbitration or 
 otherwife j and generally in the premifes, to doj 
 perform, tranfadt, and accomplilh all and what- 
 ever Ihall be requifite and neceflary, as fully and 
 cfFeftually to all intents and purpofes as I the faid 
 conftituent might or could do, being perfonally 
 prefent, with power to my faid Attornies to fub- 
 flitute one or more perfon or perfons to adt under 
 them, and the fame at pleafure to revoke 5 and I 
 the faid conftituent do hereby promife to ratify 
 and confirm all and whatever my faid Attornies 
 jointly or feverally, or their or either of their 
 fubftitutes fhall lawfully do or caufe to be done 
 in the premifes, by virtue of thcfc prefcnts. In 
 
 witnefs 
 
 
in North America, &c. 
 
 385 
 
 witnefs whereof I have hereunto fet my hand and 
 fcal, the 26th dayof Oftober 1765. 
 
 J. D. (L. S.) 
 Scaled and delivered 
 in the prefence of 
 
 J. L. 
 J. K. 
 
 ALitter of Ati* orney and Affidavit, certified 
 . under the Seal of the City of BriJioL 
 
 J— L- , of the City of Briftol, Gentle- 
 man, nnaketh oath. That on this 20th day of 
 Auguft> in the year of our Lord 1763, he, this 
 
 Deponent, did fee J B of the faid City, 
 
 Merchant, fign, feal, and as his adl and deed de- 
 liver the Deed, Poll, or Letter of Attorney 
 hereto annexed : and this Deponent faith. That the 
 
 names J. C and J L , figncd as 
 
 witneffes to the execution of the faid Letter of 
 Attorney, are of the proper hands- writing re- 
 
 fpeftively of J C of the faid City, 
 
 Gentleman, and him this Deponent* 
 
 J L . 
 
 To all to whom thefe prefents fhall 
 come, I, John Noble, Efq; 
 Mayor of the City of Briftol (by 
 virtue of an Aft of Parliament, 
 pafled in the fifth year of the 
 reign of his late Majefty King 
 George the Second, for the more 
 eafy recovery of debts in his 
 Majefty's Plantations and Colo- 
 nies in America), do hereby cer- 
 C c tify. 
 
 'Seal 
 of 
 
 the City of 
 Bristol. 
 
 ii* 
 
 i;:-^ ; 
 
 ■|:;i- 
 
 S'-' ; < 
 
 !!;■:;-»' i! !;: 
 
 ii' »r 
 
 %■ A 
 
 Iki)?'" 
 
W ! 
 
 m 
 
 3S6 Confiitution of the British Colonies 
 
 tify, That on the day of the date 
 hereof, the above named J— , 
 L '- appeared perfonally be- 
 fore me, and made oath on the 
 Holy Evangelifts of Ahnighty 
 God, thac the contents of" his 
 Affidavit above written were 
 and are true. In teftimony 
 '^ whereof, I the faid Mayor have 
 
 hereunto fet my hand, and the 
 feal of my office of Mayor, the 
 20th day of Augud, in the year 
 of our Lord 1763. 
 
 John Noble, Mayor, 
 
 KNOW all men by thefe prefents, that I, 
 
 J B of the City of Briftol, Merchant, 
 
 have made, ordained, conllituted, and appointed, 
 and by thefe prefents do make, ordain, confti- 
 
 lute, and appoint R N— — , of the faid 
 
 City of Briftol, Merchant, my true and lawful 
 Attorney, for me, and in my name, and for my 
 life, to afk, demand, and r'eceive of and from 
 
 B D- 
 
 a«id C — — S- 
 
 both of the 
 Ifland of Antigua in America, Merchants and 
 
 Copartners, and H T , of the kn\i 
 
 Ifland, Merchant j and alfo of and from all and 
 every perfon and perfons whatfoever, refiding in 
 or belonging to the fame Ifland, all and every 
 debt and debts, dues, fum and fums of moneyj 
 merchandife ajid cfFedls, and all accounts of falcs, 
 ;accoimts current, and other accounts, notes, bills, 
 1:)onds> warrants for confefllng judgments, and 
 ^hct Specialties and fecurities for monies what- 
 soever, due, owing, or belonging to me, or which 
 -J atn or may be intitled unto upon any account 
 whatfoever J and to fettle, balance, and adjuftall 
 
 ' . accounts 
 
OLONIES 
 
 in North America, &c. 387 
 
 accounts and reckonings touching the premifes* 
 and to receive what fhall appear to be due or be- 
 longing to me, or which I am or may be intitled 
 unto thereon i and to make any compofition or 
 agreemc;nt for taking lels than the whole, and to 
 fubmit any difpute or difputes to arbitration j 
 and in cafe of non-payment, non-delivery, or in 
 default of giving ajuft account, or making fatis- 
 faftion in the premifes to my faid Attorney, to 
 make ufe of and profecute all fuch legal methods 
 by adlion, fuit, or otherwife, agaiijll the perfon 
 or eftates, whether real or perfona], of the faid 
 
 B , D , C , S-;— , H T. , 
 
 or other perfon or perfons aforefaid, their or any 
 of their heirs, executors, adminiltrators, or other 
 reprcfentatives, as my faid Attorney fhall think 
 ffoper, or be advifed j and on receipt, delivery, 
 or fatisfadion made in the premife^ tp piy fjiiid 
 Attorney, to give and execute all proper reJcafes, 
 acquittances, and difcharges therefore, and one 
 or more Attorney or Attornies under him from 
 time to time to conftitute, and at pleafure to re- 
 voke. Giving, and by thefe prefents granting 
 unto my faid Attorney and his fubllitute, my full 
 po\yer in the premifes, for the allying, demand- 
 ing, receiving, fettling, adjufting, compound- 
 ing, referring, fuing for, and difcharging the 
 fame, and doing, figning, fealing, and executing 
 whatfoever may be needful or expedient to be 
 done in or about the premifes, as fully and effec- 
 tually to all intents and purpofes as I myfclf 
 might or could do, if perfonally prefent, ratify- 
 ing and holding firm all and whatfoever my faid 
 Attorney or his fubftitutes fliall lawfully do or 
 caule to be done in or about the premifes, by 
 virtue hereof; and I do hereby revoke and make 
 Vwd all other powers of Attorney by me herero- 
 
 C c 2 fore 
 
 'W\% 
 
 '•(': 
 
 i-M, l|? 
 
 s •■ 
 
 f'l. 
 
 i:;t. 
 
 \ 
 
 r^ 
 
 ■ n 
 
 \'\ 
 
ti 
 
 if 
 
 ^ m 
 
 mm 
 
 
 11 
 
 
 m 
 
 ¥ 
 
 
 ' r, 
 
 \\'-ii 
 
 ■ - 
 
 ^' M\ 
 
 
 ^88 Cottjlitution cf the British Colonies 
 
 fore given in refpefl of the premifes. In witnefs 
 whereof, I have hereunto fet my hand and feal, 
 the 20th day of Auguft, in the year of our Lord 
 
 1763- 
 
 S B . (L. S.) 
 
 Sealed and delivered in 
 
 the prefcnce of 
 
 J. C . 
 
 J L , Notary Public. 
 
 ^n Afft DAVIT under the Seal of the City of London^ 
 for the purpofe of recovering a Debt in one of the 
 Cchnies, 
 
 TO all to whom thefe prefents fhall come, I 
 William Beckford, Efq. Lord Mayor of the City 
 of London, in purfuance of an A6t of Parliament, 
 made and paffed in the fifth year of the reign of 
 his late Majefty King George the Second, inti- 
 tuled, an Adb for the more eafy recovery of debts 
 in his Majefty's Plantations^ and Colonies in Ame- 
 rica, do hereby certify. That on the day of the 
 date hereof, pcrfonally came and appeared before 
 
 me J W— , the Deponent named in 
 
 the Affidavit hereunto annexed, being a perfon 
 well known, and worthy of good credit, and by 
 folemn oath, which the faid Deponent then took 
 before me upon the Holy Evangelifts of Al- 
 mighty God, did folemnly and fmcerely declare, 
 teftify, and depofe to be true, the feveral matters 
 and things mentioned and contained in the faid 
 annexed affidavit. 
 
 
 itci 
 
 la 
 
in North America, Sec, 389 
 
 In Faith and Teftimony whereof, 
 I the faid Lord Mayor have 
 caufcd the Seal of the Office of 
 Mayoralty of the faid City of 
 London to be hereunto put and 
 affixed, and the fevcral accounts 
 mentioned and referred to in and 
 by the faid Affidavit to be here- 
 unto alfo annexed. Dated in 
 London the 13th day of June, 
 in the year of our Lord 1763. 
 
 HODGES. 
 
 London, fcil. 
 
 J w , 
 
 E C— r — — • and 
 
 Clerk or Book-keeper to 
 
 M. 
 
 of Lon- 
 
 don, Merchants and Partners, maketh oath. 
 
 That he hath lived with the faid E C 
 
 and J M , for the fpacc of three years 
 
 and upwards, and faith. That the accounts here- 
 unto annexed, intitled W K 's dirt)urfe- 
 
 ments, purporting to be an account for the Snow 
 Elizabeth from St. Kitts, and the Portlagc Bill 
 for the faid Snow Elizabeth from Antigua to 
 London ; and alfo the account hereunto alfo an- 
 nexed, intitled debtor, the owners of the Snow 
 Elizabeth in account with W K , cre- 
 ditor, is a true extract or copy of the fame ac- 
 counts as delivered in, and fettled and adjuded 
 
 by the faid W K— — , and that the fum of 
 
 87/. I J. iod. appearing to be the balance of the 
 faid iaft mentioned account, was well and truly 
 
 paid to the faid W K by the faid g 
 
 C and J M , and that the re- 
 ceipt was duly figncd by the faid W K— — 
 
 on the original account now in the cuftody of the 
 
 faid C and M— — : And this Deponent 
 
 further faith, That he hath carefully pcrufcd and 
 
 C c 3 examined 
 
 ',: 
 
 T" 
 
 ^'■lim 
 
 it 
 
 m 
 
 ■i) 
 
 .n 
 
 f'-m\ 
 
 •1^:' I* •* 
 
 ii. .:; 
 
 :* 
 
390 ConftUulion of the BRITISH Colonies 
 
 examined the account hereunto alfo annexed, ili 
 titled Debtor, the owners of the Elizabeth, W— 
 
 K Commander, in account current with 
 
 C and M— -— , creditors, with the books 
 
 of account of the faid E— — C and J- — 
 
 M , and that the fame is a true extrad or 
 
 copy of the fame account taken from the faid 
 books, and doth agree therewith : and this De- 
 ponent faithj by means of his faid employment, 
 he knows the feveral fums of money in the faid 
 
 laft account mentioned to be paid to W 
 
 S , and the feveral other perfons therein 
 
 named, and for pofl-age of letters, and fuch other 
 purpoies as therein is fpecified, were all well and 
 
 truly paid and difburfed by the faid E 
 
 C and J M ; and that he, this 
 
 Deponent, hath carefully computed and examined 
 the feveral fums charged in the faid annexed ac- 
 count for intereft and commiffion, and that the 
 fame are rightly charged and computed, and are 
 the fame as ufually charged and allowed in the 
 like cafes : and this Deponent further faith. That 
 he hath alfo perufed and examined the account 
 
 hereunto annexed, intitled Debtors, N — R 
 
 and Mr. R B , junior, in account cur- 
 rent with C and M , creditors with 
 
 the books of account of the faidE— — C — 
 
 and J M — — , and that the fame is a true 
 
 extrad or copy of the fame account taken from 
 the faid books, and doth agree therewith: and 
 this Deponent further faith, He knows alfo that 
 the feveral fums in the faid annexed account 
 
 mentioned to be paid to J C — — , and the 
 
 feveral other perfons therein named, for the fe- 
 veral purpofes therein mentioned, were well and 
 
 truly paid by the faid E C and J 
 
 M accordingly : and that he, this Deponent, 
 
 hath 
 
in NoftTH America, &c. 
 
 39^ 
 
 hath computed and exainined the feveral fuins 
 charged in the annexed account for intercll and 
 commiflion, and that the fiinie are rightly coni- 
 putcd and juftly charged : and laftly, this Depo- 
 nent faith, That to the beil of this Deponent's 
 
 knowledge and belief, the faid E C " 
 
 and J M have, in the faid two laft 
 
 mentioned accounts, brought to account and 
 given credit for all monies and efFedls received by 
 them on the faid accounts refpeilively. 
 
 J W 
 
 Sworn at London, the 13th 
 day of June 1763, before 
 me, 
 
 William Beckford, Lord Mayor. 
 
 /In Affidavit under the Seal of the City of BrifloU 
 for the purpofe of recovering a Debt in one of the 
 Colonies, 
 
 B H 
 
 — , of theCityof Briftol, Plumber, 
 maketh oath, That on or about the firft day of 
 March 1763, l»c this Deponent agreed with 
 R— — P-^-^, Commander of the Brig Flora, 
 then bound from the port of Briftol to Antigua 
 
 (on account of T H , jun. as he could 
 
 not appear perfonally at that time for fear of ar- 
 
 refts) for the paflage of T H , E — 
 
 his wife, one child, and a negro fervant, from 
 the faid port of Brillol to Antigua, at the price of 
 fifty pounds (lerling, one half of which to be paid 
 at the port of Briftol before the failing of the faid 
 brig (which was paid accordingly), and the other. 
 
 half to be paid by the faid T H on his 
 
 arrival at Antigua in the faid brig : and this De- 
 ponent further faith. That the faid T— • H 
 
 vjfas to. find himf<:lf^ wife, child;^ and negro fer^ 
 
 C c 4 vant. 
 
 
 
I 
 
 3 
 
 392 ConftituHon of the British Colonies 
 
 vant, with fuch provifions during fiich faid paf- 
 fagc, as is ufual for pafTengers : and this Depo- 
 nent further faith. That the faid T H — , 
 
 E— his wife, and their family, were in con- 
 deration of fuch faid 50 /. fo to be paid as afore- 
 faid, to have the ufc of part of the cabhin in the 
 faid brig, during fuch their faid paflagr ; and 
 that the above is the whole agreement lo made 
 by this Deponent, for or on account of the faid 
 T H , for fuch his faid pafTage to An- 
 
 tigua in the faid brig as aforefaid. 
 
 B H . 
 
 I Richard Farr, Efq; Mayor of the 
 Citv of Briilol, wirhin which city 
 
 the above B— H rcfides, 
 
 do ceuify that the above named 
 
 B H came before me 
 
 this 24th day of March 1764, 
 and after he had fubfcribed the 
 above written Affidavit, made 
 oath of the truth thereof on the 
 Holy Evangelifls of Almighty 
 God. In teftimony whereof, I 
 the faid Mayor have caufed the 
 Seal of Office of Mayor of the 
 faid City to be hereunto put and 
 affixed the day and year above 
 written. 
 
 Richard Farr, Mayor, 
 
 By an Act of Aflembly of the Illand of An- 
 tigua, the method of proving debts due to per- 
 fons refiding in Great Britain, introduced by the 
 5 Geo. II. c. 7. is extended to debts due from 
 perfons in Antigua, to creditors refiding in Ire- 
 fand^ the continent of America^ or in any other 
 
 of 
 
in North America, &c. 
 
 39J 
 
 of his Majefly's Colonies or Plantations, pro- 
 vided that in every Affidavit and Affirmation, 
 there (hall be cxprcfled the addition of the party 
 making the fame, and the particular place of the 
 witnclies abode j and that before fuch examina- 
 tion, nine months notice be given in writing to 
 the adverfe party or his counfel, of the names of 
 the witneffes, and the time and place of the exa- 
 mination, which Affidavit or Affirmation may be 
 made before, and certified under the feal of of- 
 fice, or under the private feal of the Chief Go- 
 vernor, or the perfon in command for the time 
 being, Mayor, or Juftice. 
 
 And by another fefbion of the fame A(ft of Af- 
 fembly. Conveyances and Deeds, Letters of At- 
 torn'?" Procurations, and other Powers in Writ- 
 ing, made out of the Ifland, with a depofition 
 proving the fame, fworn before the Lord Mayor 
 of London, York, or Dublin, or any other 
 Mayor, or chief Officer of any City or Town 
 Corporate, within Great Britain or Ireland, at- 
 tefted under the Public Seal of fuch City or Town 
 Corporate, or under the Hand and Public Seal 
 of any Chief Governor or Magiftrate, Lieutenant 
 Governor, or Prefident of the Council of any Co- 
 lony in his Majefty's dominions, and annexed to 
 the thing proved, fhall be as fufficient evidence 
 in law and equity, as if the witnefles therein 
 named made fuch proof viva voce, provided that 
 fuch deed, if concerning lands and flaves, be re- 
 corded in the Regifter's office of Antigua, as the 
 laws of that Ifland require. 
 
 Similar A6ts of Alfembly have paffcd in fomc 
 oiher Colonies. 
 
 CHAP. 
 
 ,: .' 
 
 « i ■' 
 
 
 I'^i 
 
 Wm 
 
 
 riLlLliiil 
 
394 Conjiit'ution <?///'«? British Colon u» 
 
 I 
 
 % 
 
 ii 
 
 CHAP. XV. 
 
 ne Method of authenticating Letters of Attor. 
 KEY, which are to be trnnfinittdd without /IJfidaviis 
 of Debtt together with Forms of Letters <?/ At- 
 torney, adapted to various Cafes, 
 
 ALL Affidavits tranfmittcd to the Colonics, 
 for the purpofc of recovering debts, muft 
 be authenticated in the manner directed by the 
 ftatute of 5 Geo. H. c. 7. above recited ; and when 
 a Letter of Attorney is tranfnnitted ac the fame 
 time with an Affidavit, they arc both annexed 
 together, and certified under the Common 
 Seal of the City, Borough, or Town corpo- 
 rate, where, or next to which, the perfon mak- 
 ing the Affidavit or Affirmation happens to rc- 
 fidej but where a Letter of Attorney is tranf- 
 mittcd without an Affidavit, it may then cither 
 be certified under fuch Common Seal as afore- 
 iaid, br (which is the eafieft and lead expenfivc 
 method) it may be executed in the prefence of 
 perfons who are going to the Colony to which 
 the Letter of Attorney is to be tranfmittcd : and 
 then one of the fubfcribing witnefles may prove 
 the execution of the Letter of Attorney, before a 
 Judge of the Colony in which fuch Letter of At- 
 torney is to be made ufe of: — 1 Ihall give the 
 Reader different forms of each fort. 
 
 i^ Letter <?/ Attorney certified under the Seal of 
 the City of London 
 
 TO all to whom thefe prefents fhall come, I Sir 
 Samuel Fluyder, Knight and Baronet, Lord 
 Mayor of the City of London, in purfuance of 
 an Adc of Parliament made and palled in the fifth 
 
 year 
 
in North America, &c. 
 
 395 
 
 year of the reign of his late Majcfty King George 
 the Second, intituled, An Ad for the more cafy 
 recovery of Debts in his Majefty*s Plantations 
 and Colonies in America, do hereby certify. That 
 un the day of the date hereof, perfonally came 
 and appeared before me B H , the Depo- 
 nent named in the Affidavit hereunto annexed, 
 being a perfon well known, and worthy of good 
 credit j and by folemn oath, which the faid Depo- 
 nent then took before me upon the Holy Evangelifts 
 ot Almighty God, did folcmnly and fincerely de- 
 dare, tcllify, and depofe to be true, the fcvcral 
 matters and things mentioned and contained in 
 the faid a,nnexed Affidavit. 
 
 In faith and teftimony whereof, 
 I the faid Lord Mayor have 
 caufed the Seal of the Office 
 of Mayoralty of the laid City 
 of London to be hereunto put 
 and affixed, and the Letter of 
 Attorney mentioned and re- 
 ferrred to in and by the faid 
 Affidavit to be hereunto alfo 
 annexed, dated in London, 
 the 1 6th day of April, in the 
 year of our Lord 1762. 
 
 HODGES. 
 
 London, to wit, 
 B H , Clerk to W T— 
 
 — of the 
 
 pariih of St. Edmund the King and Martyr, Lon- 
 don, Notary Public, maketh oath, 1 hat on the 
 15th day of April inltant, he this Deponent was 
 
 prefent, and did fee A J (by chc namr, 
 
 ftyle, and title of A J of Pail Mall, 
 
 in the County of Middlefex, taylor) lign, feal, and 
 as his a6t and deed, in due form of law, execute 
 
 and 
 
 I 
 
 . ' 
 
 •11- 
 
 
 
 II 
 
 1 
 
 »1 
 
 I . I'l! 
 
 ■f' ■ 
 
 i' / 
 
 I' :■ 
 
 ■.r 
 
 fl'Vi 
 
 ' I.:- , 
 
 Mil; ■ 
 ifiji.^ ^ 
 
 
 -1 
 
39^ Conjlitution of the British Colonies 
 
 and deliver the original papei , writing, procura- 
 tion, or Letter of Attorney hereunto annexed, 
 bearing date the faid i5ch d.ty of April inftant, to 
 and for the ufes, intents, and purpofes therein 
 irjentioncd. And that in teftimony of fuch exe- 
 cution, he this Deponent and R P , alfo 
 
 Clerk to the faid W — — T , fcverally fet or 
 
 iubfcribed their names as witnelies thereto, as 
 thereby may appear. 
 
 Sworn the i6th day of April, B — — H , 
 
 in the year 1762, before 
 me at the Manfion Houfe, 
 S. Fludyer, Mayor. 
 
 On the 15th day of April, in the year of our 
 
 Lord 1762, before me W T , Notary 
 
 and Tabellion Public in London, duly admitted 
 and fwcrn, and witneffes, perfonally appeared 
 
 A J of Pall Mall, in the County of 
 
 Middlefex, taylor, who declared to have made, 
 ordained, conftituted, authorifed, and appointed, 
 and by thefe prcfents doth make, ordain, confti- 
 
 tute, authorife and ordain J H , of the 
 
 Illand of Antigua, Efq; his true and lawful Attor- 
 ney, giving and hereby granting unto his faid 
 Attorney, full power and lawful authority for 
 him the faid conilituent, in his name and for his 
 life, to afk, demand, levy, fue for, and by all 
 lawful ways and means recover and receive, of 
 and from all and every, or any perfon or perfons 
 whatfoever whom it fhall or may concern, inha- 
 biting or being in the Ifland of Antigua aforc- 
 faid, or any other of the Leeward Iflands, all fuch 
 fum and fums of money, goods, wares, merchan- 
 dize> efFefts, eftate and things which now are, or 
 lliall or may hereafter be due, owing, payable, 
 belonging, or in any wife appertaining unto him 
 
 the 
 
in North America, &c. 
 
 S97 
 
 the faid Conftituent, whether by bond, note, bill, 
 book, debt, account, confignnnent, contra(5V, 
 agreement, decree, fentence, judgment, execu- 
 tion, extent, or for, by, or upon any other ac- 
 count, way, reafon, or means foever, nothing ia 
 law or equity excepted or referved j and to that 
 end, with all and every or any perfon or perfons 
 whatfoever whom it (hail or may concern, inha- 
 biting or being in the IQand of Antigua aforefaid, 
 or any other of the Leewards Iflands, to accounc 
 and to view, (late, fettle, and adjuft all accounts, 
 and the balance thereof to receive, and upon re- 
 covery and receipts, to give one or more acquit- 
 tances, or other fufHcient difcharges, in due form 
 of law ; but in cafe of refufal or delay, by all 
 and every, or any perfon or perfons whatfoever 
 whom it fliall or may concern, to make and ren- 
 der juft and true account, payment, delivery and, 
 fatisfa£tion in the premifTes, him, her, them, any 
 or either of them, thereunto to compel, by all 
 lawful ways and means whatfoever ; alfo (if need 
 be) to appear before all or any Lords Judges, and 
 Juftices, in any Court or Courts, there to anfwer, 
 defend and reply, in all matters and caufes touch- 
 ing or concerning the premifes, to do, fay, pur- 
 fue, implead, fcize, fequefter, attach, arreft, im- 
 prifon, and to condemn, and out of prifon again 
 to deliver ; alfo to compound, conclude, and 
 agree, by arbitration or otherwife, as his faid At- 
 torney fhall think fit : and generally in and con- 
 cerning the premifes to do, perform, and exe- 
 cute, all and whatfoever ihall be requifite and ne- 
 ceffary, as fully, amply, and efFeftually, to all 
 intents, condrudbions, and purpofes, as he the 
 faid Conftituent might or could do if perfonally 
 prefent. With power to fubftitute one or more 
 Attornics under him, with like or limited power, 
 
 and 
 
 ;!•-. 
 
 ! m 
 
 ^.lUi; 
 
 lm\ 
 
 iriir 
 
r-f\ 
 
 398 Conjliiution of the British Colonies 
 
 and the fame again to revoke, he the faid A — J— 
 hereby ratifying, confirming, and holding for good 
 and valid, all and whatfoever the faid J — H~, 
 or his fubftitutes, (hall lawfully do, or caufe to 
 be done, in or about the premifes, by virtue of 
 thefe prefents ; thus done and pafTed in London 
 aforcfaid, in the prefence of the underwritten wit- 
 neffes. 
 
 Scaled and delivered (be- 
 ing firft duly (lamped) 
 in the prefence of 
 
 B H 
 
 R P . 
 
 A- 
 
 '. CL.S.) 
 
 © 
 
 In praemilTorum fidem 
 
 W T , Not. Pub. 
 
 1762. 
 
 A Substitution under the lafi mentioned Letter 
 
 of Attorney. 
 
 Antigua. 
 
 Know all men by thefe prefents, That I J — H— 
 of the I(land of Antigua aforefaid, Efq^ the lawful 
 
 Attorney of A J of Pall Mall, in the 
 
 County of Middlefex, and Kingdom of Great Bri- 
 tain, taylor, have made and ordained, and by 
 thefe prefents (by virtue of the power and autho- 
 rity to me in that behalf given by the faid A — J— j 
 by a certain writing, or Letter of Attorney under 
 His hand and feal, dated the 15th day of April 
 1762), do make, ordain, conditute and appoint 
 R— - K , of the faid Ifland of Antigua, mer- 
 chant, to be my true, certain, and lawful Attor- 
 ney i and I do hereby authorife and empower him 
 to afl as, and to be the Attorney of the faid 
 
 A— J , in his name to demand, fue for, 
 
 recover 
 
ntioned Letter 
 
 in North America, &c. 
 
 399 
 
 recover and receive, of and from all and every per- 
 fon or pcrfons whatfoever, whom it doth and (hall 
 concern, as well in his Majelty's liland of ♦ Domi- 
 nica, as in all other his Majefty*s Charibbee Iflands 
 in America, all fuch fum and fums of money, 
 goods, wares, merchandize, effc(fls, eflate, and 
 things which now are, or (hall or may hereafter 
 be due, owing, payable, belonging, or in any 
 
 wife appertaining unto him the faid A J , 
 
 whether by bond, note, bill, book, debt, account, 
 confignment, contra(5l, agreement, decree, fen- 
 tence, judgment, execution, extent, or for, by, 
 and upon any other account, way, reafon, or 
 means whatfoever, nothing in law or equity ex- 
 cepted or referved. And I the faid J H— 
 
 do hereby give and grant unto the faid R — K— , 
 all my full power and authority, as Attorney of 
 the faid A J , and othcrwifc in and touch- 
 ing the premifes, to ufe, have, and take all law- 
 ful ways and means, in and for recovering and re- 
 ceiving of all fum and fums of money, goods, 
 wares, merchandifes, effects, eftate, and things, 
 or any part thereof, as well in his Majelty's faicl 
 Ifland of Dominica, as in all other his Majcfty*s 
 Charibbee Iflands in America, and to do and per- 
 form all other matters and things in and to the 
 premifes requifite and neceflary, as fully as I my- 
 fclf might or could do, by virtue of the power to 
 
 me given by the faid A J or otherwife : 
 
 and I do hereby ratify and confirm all and what- 
 foever my faid Attorney fhall legally do or pro- 
 cure to be done, in and touching the premifes. 
 
 * The Attorney exceeded the power delegated to him ; for 
 ' 1' authority extended only to the Leeward Iflands, and Do- 
 minica w«s not one of them : the fubflitation was therefore 
 void as to Dominica, and fuch of the Charibbees as were not 
 •'» iu« gavei^)ih€iU oi the Leeward Iflands. ... 
 
 In 
 
 ■• i 
 
 I : ' 
 
 ,1 !j i-'i| 
 
 ■■^. 
 
 ■ I i 
 
N 
 
 400 Conftitution of the British Colonies 
 
 In witnefs whereof I have hereunto fct my hand 
 and feal, this day of December 1764. 
 
 Sealed and delivered in J H . (L. S.) 
 
 the prcfcnce of 
 
 L M '. 
 
 ^Letter 0/ Attorney certified by the Lord Pro-' 
 voft of GlafgoWy under the Common Seal of that City, 
 
 Know all men by thefe prefents. That I J — J—, 
 poftmalter of Glafgow, and merchant, for divers 
 good caufes and confidcrations me thereunto 
 moving, have made, conftituted, and appointed, 
 and by thefe prefents do make, conftitute, and 
 
 appoint C— ~ J of St. John's in Antigua, 
 
 merchant, my true and lawful Attorney, for me 
 and in my name, and for my ufe, to afk, demand, 
 fue for, recover and receive, of all and whoever 
 are or may be indebted to me, in any of the Welt 
 India or American Iflands belonging to Great 
 Britain, France, Spain, Denmark, and Holland, 
 all fuch fum and fums of money, debts and duties 
 whatfoever, which now are or may be due and 
 owing to me the faid J — J , by all and who- 
 ever are or may be indebted to me, belonging to 
 the above mentioned Iflands, and to have, ufe, 
 and take all lawful ways and means in my name, 
 for recovery thereof by attachment, arreft, diftrefs, 
 or otherwife, and to make and give acquittances, 
 or other diicharges, in my name, and generally 
 to do and execute in the premifes, as fully in 
 every refped as I myfelf might or could do, be- 
 ing perfonally prefent, and to make Attornies, one 
 or more of them under him, for the purpofes afore- 
 faid, and at his pleafure to revoke the fame; ra- 
 tifying, confirming, and allowing all and what- 
 foever my faid Attorney fliall lawfully do or caufc 
 to be done therein by virtue of thefe prefents. 
 4 In 
 
in North America, Sec* 
 
 401 
 
 In witnefs whereof I have hereunto fet my hand 
 and feal, this 21ft day of September, in the year 
 of our Lord 1763. 
 
 Signed, fealed, and de-- J J— — • (L. S.) 
 
 Jivered in prefcnce of 
 
 J G . 
 
 D W . 
 
 At Glafgow the 5th day of Oflober feventcen 
 hundred and fixty-three years, in prefencc of 
 Archibald Ingram, Efq; Lord Provoft and Chief 
 Magiftrate of the faid City, one of his Majefty's 
 Juftices of Peace for the County of Lanerk, ap» 
 
 peared J G — — of faid City, merchant, who 
 
 upon his great and folemn oath, taken by him 
 before the faid Provoft, upon the Holy Evangelifts 
 of Almighty God, depofcs and fays, That he, this 
 Deponent, was prefent and did fee the within 
 
 J J fign, feal, and for and as his true 
 
 and genuine aft and deed, deliver the Letter of 
 Attorney within written, upon the day of the 
 
 date thereof; and that D W of faid 
 
 City, merchant, was alfo then prefent, and that 
 the name J J , appearing at faid Let- 
 ter of Attorney as granter thereof, and feal there- 
 to adhibited, is the proper hand-writing and feal 
 
 of J J aforefaid j and that the names 
 
 J G and D; W , alfo ap- 
 pearing at faid Letter of Attorney, as witncffes 
 thereto, are of the refpedive proper hand-writings 
 of this Deponent, and of D — W aforefaid. 
 
 In teftimony whereof thefe prcfents. 
 are fubfcribcd by the faid Depo- 
 nent, and by the faid Lord Provoft, 
 who has caufed the Common Seal 
 of the faid City to be hereto affixed, 
 date above. 
 Arch. Itf GRAM. J— G 
 
 D d Let- 
 
 Ms,'' 
 
 ,U h IM 
 
 flWA 
 
 ', i4»,,'' 
 
 i^''M ^'i 
 
^02 donfittution of the British Colonie! 
 
 Letter of Attokvey executed by aGentleman in Eng" 
 land, impowering his Friend in Nevis to appoint Per" 
 fons to take an Inventory and Appraifement ofJSegroes, 
 &c, on the Expiration of a Leafe. — ^^The Execution 
 of this Letter of Attorney was proved before a Judge 
 in. Nevis J by one of the fubfcribing Witneffesy lubo 
 faw the fame executed in England, 
 
 TO all to whom thefe prefcnts (hall come, I 
 T B ■ ■ of Barking, in the County of 
 
 Surry, Efq; fend greeting. Whereas by an Inden- 
 ture of Leafe, bearing date the 14th day of June, 
 in the year of our Lord I753> made between the 
 faid T— B — of the one part, and W — W— of 
 the faid Ifland of St. Chriftopher, Efq; of the 
 other part, to commence from the ift day of 
 Auguft then next enfuing, for the term of ten 
 years, it is therein, amongft other things, mu- 
 tually covenanted and agreed, by and between 
 both the faid parties. That at the end, expiration, 
 or other fooner determination of the faid term of 
 ten years, a new Appraifement or V:.luation fhall 
 be made and taken, of all the negroe-flaves,. 
 hbrfcs, mules, cattle, and of the iflue and increafc 
 thereof, which (hall then be, and of all the Planta- 
 tion utenfils and implements thereby demifcd, and 
 in the fchedule or inventory thereunto annexed, 
 contained, as alfo of all canes which (hall be then 
 Handing and growing, and of all the buildings 
 upon the faid demifed lands, and that fuch new 
 Valuation and Appraifements (hall be made and 
 taken, by two indifferent perfons, of good repu- 
 tation and competent judgment in that behalf, 
 one of them to be named and chofen by the faid 
 
 T .B ^ his heirs or a(rigns/4pd the 
 
 other by the faid W— W- , his exe- 
 
 cutors^ adminiftraitorsj or ailignsi and in cafe fudi 
 
 Appraifement 
 
in North America, &c* 403 
 
 Apprairement fo to be made, at the end of the 
 faid term, fhall, upon the valuation thereof, ex- 
 ceed the fum of 10,356/, 5J. 10 d. current money 
 of Nevis, that then and in fuch cafe, he the faid 
 
 T B , his heirs or afligns, (hall and 
 
 V/ill pay unto the iaid W W— , his 
 
 executors, adminiflrators, or afligns, fo much 
 money as the furplus or excefs thereof (if any be) 
 Ihall amount to, over and above the fum of 
 io>356A 5J. lod, current money of Nevis j and 
 in cafe the faid new Appraifement, fo to be made 
 at the end of the faid term thereby demifed, fhall 
 fall (hort of, and be lefs in value than the faid fum 
 of 10,356/. 5/, lod. that then the faid W — W — , 
 his executors, adminiflrators, or afligns, fhall and 
 
 will pay unto the faid T B , his heirs or 
 
 afligns, fuch fum, and fo much money, whatfo- 
 cver the fame be, as fuch future Valuation and 
 Appraifement, fo to be made and taken as afbi-e- 
 faid, fhall amount to. Now know ye. That I the 
 
 faid T B , for the end and pUrpofe afore- 
 
 faid, have conftituted and appointed, and by thefe 
 
 prefents do conflitute and appoint H-^ H , 
 
 of the Ifland of Nevis, Efqj to be my true and 
 lajvfur Attorney, forme, and on my behalf, to 
 nominate and appoint one or more perfon or pef-^ 
 fons, to take an account bf all the negro flavcs> 
 and all other things contained in the fchedule or 
 inventory annexed to the faid leafe, that afe now^ 
 or ihali be remaining and' being on the demifed 
 prfcmifes, and to make and take a new inventory 
 and Appraifement thereof; which Inventory" and 
 Appraifement fo to be made and taken, between 
 
 the faid T B and W W— , it 
 
 is hereby declared and agreed fhall fland and be 
 
 binding on them, the faid T B and 
 
 H^ — H ' ' , and be annexed tOi and com- 
 
 D d 2 prized 
 
 m-u 
 
 I 
 
 M 
 
 h-fl 
 
 i'h»fii 
 
 
 .&) 
 
 : 1. 
 
 ;i'i. 
 
 I ;•• 
 
 Wi' 
 
 it. : i . 
 
 m 
 
 v^ 
 
 k'X. 
 
 iS-.'^ 
 
 ■tM! f 
 
 
I; 
 
 I 
 
 404 Conftitution of the British Colonies 
 
 prized in the fchcdule of the Icafe of the faid prc- 
 
 mifes now granted by the faid T B • 
 
 to the faid H H , which bears date 
 
 the 3d day of this inftant May, to commence 
 from the ift day of Auguft now next enfuingj and 
 to do, execute, and perform all and every other 
 aft and a6ts, thing and things whatfoever, which 
 Ihall be thought neceflary and convenient to be 
 done, in or about the premifes, hereby ratifying 
 and conBrming all and whatfoever my faid At- 
 torney (hall lawfully do, or caufe to be done, in, 
 about, or touching the fame. In witnefs where- 
 of I the faid T B have hereunto fee 
 
 my hand and feal, this 9th day of May 1763. 
 
 Scaled and delivered by T— . B . (L. S.) 
 
 . the above named T— 
 B-»— , in the prefence 
 of us, 
 
 W ^ M— , jun. 
 
 J W ,>». 
 
 Before Jofeph Herbert, Efq; Chief Jufticc, 
 
 &c. perfonally appeared Mr. W— M— , 
 
 jun, and made oath on the Holy Evangelifts of 
 Almighty God, That he was prefent and did fee 
 
 the within named T B , Efqj fign, feal, 
 
 and deliver the within Letter of Attorney to 
 
 H H , Efqj and that he did alfo fee 
 
 J W — — , jun^ fubfcribe his name to the 
 
 fame, together with this Deponentj as witnefs 
 thereto. 
 
 Sworn before me, Auguft 
 ayth 1763. 
 
 Joseph Herbert. 
 
 W. 
 
 M- 
 
 ,jm. 
 
 
 The 
 
in North America^ Sec, 405 
 
 The above Affidavit feems to have been drawn 
 in a hurry ; had it been drawn at leifure, it would 
 perhaps have been fomething in the following 
 form, which may fcrve as a precedent in fimilar 
 cafes: 
 
 • 
 
 Before the Honourable J osib.ph Herbert, E/qi Chief 
 Jufiice of bis Majejly*s Court of King's Bench and 
 Common Pleas of the IJland of Nevis • 
 
 Personally appeared A — B — , late of C — ^ 
 in the Kingdom of Great Britain, but now of the 
 faid Ifland of Nevis, Efq; who being duly fworn 
 on the Holy Evangelifts of Almighty God, mak- 
 eth oath. That he this Deponent is one of the 
 fubfcribing witnefles to the above Inftrument of 
 Writing, bearing date the ninth day of May one 
 thoufand feven hundred and fixty-three, and pur«^ 
 porting to be a Letter of Attorney from D — E»— 
 of F " - , in the County of Surry, Efqj to 
 G H of Nevis, Efq; and this Depo- 
 nent faith. That he was prefent and did fee the 
 
 above named D E fign, feal and deliver 
 
 the above written Inftrument, or Letter of Attor- 
 ney, as his a^l and deed, at F— - in the County 
 of Surry, in the Kingdom of Great Britain afore- 
 
 faid i and that the name or letters D E—r — 
 
 fet and fubfcribed at the foot or bottom of the 
 above Inftrument of Writing or Letter of Attor- 
 ney, as the perfon executing the fame, are of thp 
 
 proper hand-writing of the faid D E : 
 
 And laftly, this Deponent faith. That the name 
 
 or letters A B — ^, and the name or letters 
 
 J— K , appearing to be fet and fubfcribed 
 
 as witneftes atrcfting the execution of the above 
 Inftrunient of Writing or Letter of Attorney, are 
 ofttie rpfpeftiye proper hands writing of this De^ 
 
 p d 3 ' penent. 
 
 r il 
 
 'i< <■' 
 
 tl-il: 
 
 T:'! 
 
 i.» ,: 
 
 
 M: 'II 
 
 iUH,: 
 
 mm 
 
 h'l 
 
 t: 
 
 f^Aim 
 

 1} 
 
 4o6 Conjiitution of the British Colonies 
 
 poncnt, and of J— K late of M — , in the faid 
 
 Kingdom of Great Britain, but now of the Ifland 
 of Nevis aforefaid, Efq. 
 
 Sworn at the Ifland of Nevis, A B . 
 
 ' the 27th day of Augult 
 J 763, before me 
 
 Joseph Herbert, 
 
 This form of an Affidavit is fuppofed to be 
 written under the Letter of Attorney, and on the 
 fame (heet of paper j but when it is written on the 
 back of the Letter of Attorney, it muft be varied 
 accordinglv, by faying, the " within" Inftrument 
 of Writing, inftead of the " above'* Inftrumcnt, 
 &c, 
 
 !/^ Power of Attok:uey from theAfflgnees of a Bank^ 
 rupt in Brifioly to recover a Debt from Ibis Partner 
 in /intigua, 
 
 TO all to whom thefc prefents (hall come, 
 ~ and W B , merchants, and 
 
 ajjothecary, all of the City of 
 
 Briftol, fend greeting. Whereas B , S , 
 
 late of the |fland of Antigua, but now of the City 
 of Briflol, merchant, and partner with Q— R— 
 of Antigua aforcfaid, merchant, is lately become 
 bankrupt, and a commiffion of bankrujjtcy under 
 the Great Seal of Great Qritain^ bearing teft at 
 Weftminfter the 4th day of February lafl:, hath 
 been awarded againft him, whiph comrrtiflTjon hath 
 been carried into execution^ arid the faid 6— S— 
 thereupon adjudged a bankrupt, and the faid 
 
 J p ^ W— B and T- — - M— ^ 
 
 have been duly chofcn affignees of the eftate and 
 
 cfft^s of the faid iB~-,S- — - i and thereupon 
 
 ^n ^ffignnacnt of fuch cllate and effcds hath, by 
 
 ^ ' ' ' indenture, 
 
in North America, &c. 
 
 407 
 
 indenture, bearing date the twcnty-fixth day of 
 February lafl, been made and executed by the 
 Comnniflloncrs, in the faid commifTion named to 
 
 them, the faid J P , W B and 
 
 T M— — , as in and by the faid indenture, 
 
 refercHce thereto being had, will more fully and 
 at large appear. And whereas there are fundry 
 goods, wares, and merchandifes, and alfo feveral 
 debts and fums of money due, owing and belong- 
 ing to the eftate of the faid B S , jointly 
 
 with the faid G— — R , and on his own fepa- 
 
 rate account in Antigua aforefaid, and other places 
 beyond fea, and alio in the hands of the faid 
 
 G R , Now know ye, That we the faid 
 
 J P , W B , and T M , 
 
 have, and each and every of us hath made, or- 
 dained, conftituted, authorized, impowered, ap- 
 pointed, and deputed, and by thefe prcfents do, 
 each and every of us doth make, ordain, confli- 
 tute, authorize, impower, appoint, and depute 
 R N , of the faid City of Brillol, ma- 
 riner, our and each and every of our true and 
 lawful Attorney, for us the faid Aflignees, and in 
 our or any of our names, to afk, derpand, levy, 
 fue for, take, recover and receive, of and froiii 
 
 the faid G R , and all and every other 
 
 perfon and pcrfons whomfoever, in Antigua afore- 
 faid, or elfewhere, his, their, or any of rhcir exe- 
 cutors, admini{lrators,or adigns, all and all manner 
 of goods, wares, and merchandifes, debts, fum and 
 fums of money whatfoevcr, due, owing, or in any 
 manner belonging to the eftate of the faid B — S — , 
 
 cither as partner with the faid G R— > 
 
 or in his own private or feparate capacity, and to 
 call to account and bring to reckoning the faid 
 
 p R — , and fuch other perfon and per- 
 
 jiQns, his, her^ and their executory and admini- 
 
 P d 4 ftrators. 
 
 ,. : : '^ 
 
 fliiili! 
 
 
 ^.|T'•1^ 
 
 w 
 
 iri^';, '■ 
 
 K • 
 
 ■'sm 
 
 mi 
 
 ii &i 
 
 
 I' L.. 
 
ff ,i 
 
 I HI 
 
 408 Conftitution of the British Colonies 
 
 ftrators, and to (late, fettle, and finally adjuft all 
 accounts, reckonings, and demands whatfoevcr 
 relating thereto i and if it (hall be thought ne- 
 celfary to refer any difputes touching the lame to 
 arbitration, and for that purpofe, for us and in 
 our names to enter into and duly execute any bond 
 or bonds of arbitration, for the fubmitting fuch 
 difputes to be fettled and adjufted by referees to 
 be chofen for the purpofe j and alfo, if he (hall 
 fee occafion to take and accept of a compofition 
 or compofitions, in lieu of and for fuch goods, 
 wares, and merchandizes, debts, fum or fums of 
 money ; and upon receipt of fuch goods, wares, 
 and merchandizes, debts, fum or fums of money, 
 pr any compofition, or any fecurity or fatisfadlion 
 for the fame, for us and in our names to fign, 
 feal, and duly execute and deliver fuch receipts, 
 acquittances, releafes, or other difcharges, as the 
 nature of the cafe (hall require, and on non-pay- 
 ment or non-delivery of fuch goods, wares, and 
 merchandizes, debts, fum or fums of money, to 
 bring, commence, and efFeftually profecute fuch 
 fuit or fuits, either in law or equity, for the re- 
 covery thereof, as our faid Attorney (hall judge 
 nece(fary or be advifcd, and in fuch fuit or fuits 
 to proceed 10 judgments, decrees, and executions, 
 and fuch fuit or fuits to dilcontinuc, or therein to 
 become nonfuir, and commence others as occa- 
 fion ihall require; and likcwife one or more At- 
 torney or Attorneys under him the faid R — N— , 
 for the purpofes aforefaid, to fubftitute and ap- 
 point, and the fame at pleafure to revoke, and 
 to fubftitute other or others in his or their (lead 
 or fteads, and generally to do, perform, and exe- 
 cute, all and every fuch farther adt and a£ls, thing 
 and things whatfoevcr, for the recovering, re- 
 ceiving, compounding, and difcharging the' faid 
 
 goods^ 
 
in North America, &c. 
 
 409 
 
 goods, wares, and merchandizes, debts, fum and 
 iujr.s of money, as (hall be, or by our faid At- 
 torney (hall be thought to be requifite and nc- 
 ce(rary, in as full and etFedlual manner, to all 
 intents and purpofcs, as we ourfelves, or cither 
 of us, could or might do if perfonally prefent; 
 and all and whatfocver our faid Attorney, or his 
 fubftitutes, (hall lawfully do or caufe to be done, 
 in any of the premifes aforefaid, by virtue of thefc 
 prefents, we do hereby agree to allow, ratify, and 
 confirm for valid. In witnefs whereof we have 
 hereunto fet our hands and feals, the 16th day of 
 March, in the 5th year of the reign of our Sove- 
 reign Lord George the Third, by the Grace of 
 God of Great Britain, France, and Ireland King, 
 Defender of the Faith, and fo forth, in the year 
 of our Lord 1765. 
 
 Sealed and delivered by the 
 
 within named J — P , 
 
 T— M-, and W— B— , 
 in the prefence of 
 
 P— D , JUH. 
 
 S— W 
 
 Power of Substitution. 
 
 St. Christopher's, 
 
 KNOW all men by thefc prefents. That I 
 J— O — — , Efq; at prefent in the Ifland of St. 
 Chriftopher, but about to depart to the Ifland of 
 St. Vincent, the lawful Attorney of D — O- — , 
 now or late refiding in the County of Middlefex, 
 in the Kingdom of Great Britain, Efq; have 
 made, ordained, conftituted, and by thefc pre- 
 fents (by virtue of the power and authority to 
 me in that behalf given, by the faid D — O— — , 
 
 by 
 
 ;ii 
 
 '■'2' 
 
 Ml' 
 
 in; 
 V' 
 
 
 ^'■'W 
 
 f t''l'| ^ 'I'l 
 
 ■:■■■ 
 
 i h ; 
 
 It i: ', 
 
 H 
 
 I; ill i 
 
1« * - 
 
 f 
 
 
 % 
 
 ! 
 
 Jl 
 
 m 
 
 i 
 
 n- 
 
 ■ 
 I 
 
 i 
 
 410 Cottfliiuiion of the British Colonies 
 
 by a certain Writing or Letter of Attorney under 
 his hand and feal, dated the fifth day of April 
 1768), do make, ordain, conftitute, and appoint 
 
 W— P , of the faid Ifland of St. Chriftopher, 
 
 merchant, to be my true, certain, and lawful At- 
 torney : and I do hereby authorize and impower 
 
 him, the faid W— P , to ad a3, and to be 
 
 the Attorney of the faid D — O , and in his 
 
 name, place and Head, and to .ind for his ufe, 
 to afk, demand, and by all lawful ways and means 
 "whatfcever to recover and receive, of and from 
 all and every perfon or perfons whatfoever, in the 
 faid Ifland of Saint Chriftopher or elfewhere, 
 in his Majefty's Leeward Charibbee Iflands in 
 America, whom it doth, (hall, or may concern, 
 all and every fum and fums of money, debts, dues, 
 goods, chattels, efFecls, and other things which 
 is or are, and which (hall or may grow and be- 
 come due, owing, payable, or belonging to him 
 
 the faid D — O , upon or by virtue of any 
 
 mortgage, bond, judgment, or other fpecialty, or 
 upon any bill of exchange, promiiTory note, or 
 other fimple contract, or by virtue of any deed 
 or will, or upon any account, or by any ways or 
 nieans whatfoever or howfoever, and upon re- 
 ceipt Of recovery thereof, or of any part thereof, 
 
 for him the faid D — O , and in his name, 
 
 from time to time to make, give, and execute, 
 good anc} fufficient acquittances and difcharges 
 for the fame, and for him the faid P — O — , 
 and in his name, or in the name of him my faid 
 
 Attorney, as and for his the faid D O 's 
 
 2idi and deed, or ads and deeds, to fign, feal, and 
 deliver any deed or deeds, conveyances and afTu- 
 rances» good, valid, and fufficient in the law for 
 reconveying or aflfigning and alfi ring any Planta- 
 tions^ lands, tenements, negroca, hereditaments, 
 
 and 
 
in North America, &c# 
 
 4H 
 
 jind chattels, which he the faid D— O now 
 
 hath or may have, in mortgage for any fum or 
 futns of money, upon payment of the principal 
 jnoney and intereft due on fuch mortgage or 
 mortgages, and to give good and fufHcient ac« 
 quittances and difcharges for the confideration or 
 mortgage money, and all or every or any fuch 
 deed or deeds, conveyances and affurances, to ac- 
 knowledge as for his the faid D — O *s aft 
 
 and deed, or ads and deeds, before any Judge, 
 Of other Magiftrate or Officer appointed, or to be 
 appointed, to take the acknowledgment of deeds, 
 fo that the fame may be recorded and perfected in 
 due form of law ; and to call to account and bring 
 to a reckoning all and every perfon and perfons 
 concerned in the premifes, and to fettle and adjuft 
 all accounts now or hereafter depending between 
 
 him the faid D — O , and all or any perfon 
 
 or perfons whomfoever, upon fuch terms, and in 
 fuch manner, and with fuch allowances therein, 
 
 as the faid W — P ftiall think fit and ad* 
 
 vifeable for his the faid D — O— — *s intereft j 
 and in cafe any difference or difpute fhall arife 
 concerning the premifes, to refer the fame to ar- 
 bitration, if the faid W — P fhall fo think 
 
 fit, and for the laid D — O , and on his be- 
 half, to abide by and perform fuch award as fhall 
 be made, in purfuance of fuch reference ; and 
 alfo, if need be, to compound and take lefs than 
 the whole of, and for any debt or debts, fum or 
 fums of money, or other matter or thing which is 
 or are, and which fhall become due and payable 
 
 or belonging to him the faid D — O , by 
 
 or from any perfon or perfons whomfoever : and 
 
 I the faid J — O do hereby authorize an4 
 
 impower my faid Attorney, as and when he fhall 
 fhink proper, to commence, fue, and profecute 
 ;" ( • or' 
 
 »■•;• 
 
 i'' ."t 
 
 ' I 
 
 h'V 
 
 
 li-. !■! ■■ 
 
 If- 
 
 ;:^; 
 
 }■> 
 
 :"' ] 
 
 hU 
 

 I 
 
 I 
 i 
 
 i 
 
 
 mil 
 
 llw> 
 
 
 Ik'lHaSiH'l 
 
 
 ijilii 
 
 
 lill^ 
 
 
 
 
 
 
 
 
 
 1 
 
 H 
 
 
 
 1 
 
 Hi 
 
 
 
 1 
 
 
 ■ 
 
 
 ■J: 
 
 
 
 
 
 
 
 w 
 
 m 
 
 
 
 41 2 Conftitution of the British Colonies 
 
 or defend, any aftion or fuit, aftions or fuits, at 
 law or in equity, and to purfue all or any legal 
 or equitable means, as occadon fhali be and re- 
 quire, for touching or concerning all, every, or 
 any the matters aforcfaid, in any wife howfocver, 
 
 and for him the faid D — — O , and in his 
 
 name, and to and for his ufe, to accept and take 
 any fecurity or fecurities, for any debt or debts 
 due to him, as my faid Attorney fhall think fit 
 and approve i and generally to do and perform all 
 other a<5ls, deeds, matters, and things needful or 
 requidte in and about all and fingular the pre* 
 mifes, as fully and effedually, to all intents and 
 purpofcs whatfoever, as I myfelf might or could 
 do, by virtue of the power to me given by the 
 
 faid D O or otherwifej and I do hereby 
 
 ratify, allow, and confirm, all and whatfoever my 
 faid Attorney fhall lawfully do or caufe to be done 
 in and about the premife?, by virtue of thcfe pre- 
 fents. In witnefs whereof I have hereunto fct 
 my hand and feal, the 20th day of May, in thq 
 year of our Lord 1769. 
 
 Sealed and delivered, &c. 
 
 CHAP. 
 
COLONIES 
 
 m North America^ &c. 
 
 41J 
 
 CHAP. XVL 
 
 Of the Negroes in the Colonies, and the Mode of 
 conveying and manumitting them, 
 
 TO enumerate the fcverities that are excrcifcd 
 by fome Planters in the Sugar and Rice 
 Colonics on their Negroes, would exceed the 
 bounds of this defign. I Ihall at prefent content 
 myfclf withobferving, that in the Sugar Colonies 
 the lands in which they plant canes are not 
 ploughed, but hoed up by Negroes, who have no 
 prefcribed talk, but are followed up by drivers 
 with whips. Their food is either Indian corn, rice, 
 yams, Potatoes, or horfe-beans, in much fmallcr 
 quantities than are neceflary for people who work 
 hard J and thefe unhappy people are often laid 
 down and feverely whipped for flight offences. 
 Whilft I was in the Weft Indies, a man of good 
 credit told me, he was prefent at a Planter's houfe 
 there, when one of the Negroes complained to 
 his mafter that his allowance of corn was too fmall, 
 and the land allowed him fo trifling, that he had 
 not enough to live on. The mafl:er faid he would 
 not increafe his allowance: whereupon the Negro 
 aiked, «* What muft I do ?" To which the mafter 
 replied. Why, d — n you, (leal 1" In St. Kitt's, 
 the Negpoes are worfe off" than in moft of the other 
 Sugar Colonies, becaufe that Ifland is fmall, and 
 the bnd fo fertile, that they allow their Negroes 
 very little ground to plant for themfclves. The 
 flender allowance made the Negroes in the Iflands 
 in general is not only a circumftance of great cruel- 
 ty to them, but is produftive of very difagreeable 
 confequences to the white people who live in the 
 towns I for hunger compels the Negroes to fteal j 
 
 and 
 
 :. i,: "T"! 
 
 I.I' 
 
 i' ""^y-i 
 
 ,:• ;: 
 
1.^ 
 
 4t4 Conjiitutiott of the British CIolon'ies 
 
 and they frequently not only rob the yards of the 
 ftock, but even break open (tores, and carry off 
 provifions to a large amount, Thefe depreda- 
 tions are fenfibly felt in a country where the lands, 
 though fertile, are chiefly employed to raife fugar 
 canes i io that provifions and (lock are laid in at a 
 great expence, and the fupply is precarious, par- 
 ticularly in time of war. But there are two evils 
 attending the enflaving the Negroes in the Colo- 
 nies, which muft inducel every good man to con- 
 demn it: the one is, the negledling to inftruA them 
 in the principles of the Chriftian religion j nay, I 
 liave heard men, who ought to have known better, 
 ridicule fuch an attempt : the other is, that from 
 cruelty, hard labour^ and a want of fufiicicnt food, 
 the number of Negroes that die exceeds the num- 
 ber that are born in moft if not in all the Iflandsj 
 fo that an annual fupply from the Coaft of Gui- 
 pea is necelfary to keep up their quota. 
 
 In the Rice Colonies, the cafe is not quite ^o 
 bad as in the Sugar Iflands j for, in the Rice Co- 
 lonies the Negroes in general have rice, Indian- 
 corji, potatoes, or black-eyed peafe, fufficient to 
 fubfift them, and land enough to plant for them- 
 ielves ; they have alfo a certain limited talk 
 jpvery day, be their work either that of plant- 
 ing, or fawing lumber j and this tafk in gene- 
 ral is not too hard. Their numbers alfo do not 
 decrease on the Indigo Plantations and Lumber 
 Eilates 3 but then in the Rice Plantations they 
 are frequently obliged to get up in the winter be- 
 ipre day, and work in the barn -, and when they 
 are heated with labour in a clofe building, 
 warmed with a fire, they are then turned out to 
 ,work in the Rice Swamps, half leg deep in water, 
 which brings on pleurifies and peripneumonies, 
 
 ^q4 dcftroys numbers of them i and in the Sum- 
 
 mcr^ 
 
 m,\i 
 
in North America, fee. 
 
 415 
 
 tner, the quantity of water let into the Rice- 
 fields makes it very fickly. 
 
 The pretence that fugar canes and rice could 
 not be raifed without the labour of Negroes, is er- 
 roneous. The White Creoles of Anguilla and Tor- 
 tola, and the Ten Acre nnen in Barbadoes, who 
 have been bred up in adivelife, and not debauch- 
 ed with eafe and luxury, are a brave hardy people, 
 and prove that White men can cultivate lands in 
 a tropical climate j and many of the poor White 
 people in Carolina and Georgia raife grain without 
 the affiftance of Negroes. A white man, with a 
 light plough drawn by two horfes, will cultivate 
 as much land as feven Negroes with hoes. 
 
 If the Reader fhould afk what fhare I have had 
 in the traffic of human flefh, I fmite my breaft:, 
 and fay, " God be merciful to me a (inner l" 
 When I went to the Weft Indies, they told me I 
 could not do without Negroes j and a gentleman 
 bought one, fent her home, and told me he had 
 given a bond for me, which I muft take up. For 
 want of refledlion, I bought others from time to 
 time } and when I went to North America, I had 
 nine. There I planted Indigo 5 and at one time 
 I had thirty-four Negroes. In the different coun- 
 tries where I refided, many faid'that I fpoiled my 
 Negroes with indulgence. Eight were killed at 
 the fiegc of Savannah, and feven others I manu- 
 mitted ; fo th:*t I have not benefited by my deal- 
 ing in Negroes. For fome time I have bttn very 
 Tineafy at having ever purchafcd a Negro j and I 
 heartily pray to be forgiven for the (hare 1 have 
 had in cnflaving my fellow-creatures. 
 
 The old fettled Iflands in the- Weft Indies be- 
 come every day more weak ah& dcfencelefs 5 for 
 the great plarrters buy up all the fmill trads of 
 i?ind. .owned by the poorer^ white people, and 
 
 ^ plane 
 
 it 
 
 ^mu 
 
 ' *« 
 
 
 !i. i' 
 
 i'lH 
 
 :=!,. ■? 
 
 
rm^: 
 
 m 
 
 mi 
 
 416 Conftitutton of the British Colonics 
 
 plant them with fugar canes 5 by which means 
 the number of Negroes daily incrcafes, and the 
 number of Whites decreafes. Many white fa- 
 milies were formerly fettled at the windward end 
 of St. Kitt's, which is called the Salt Ponds \ a 
 country fit only for the raifing of ftock and provi- 
 fions, with which, as alio with fifh, they fupplied 
 the town of Bafleterre. Thefe white people 
 added greatly to the ftrength of the Ifland, and, 
 as they occupied a part of the country unfit for 
 fugar canes, it was advifeable, both from hu- 
 n^anity and policy, to fuflfer them to remain un- 
 difturbed. But in a former reign, a gentleman 
 obtained a grant of that part of the country, and 
 he and another divided thefc lands between them. 
 Part of thefe lands have fincc been converted into 
 Sugar Plantations, and the white people turned 
 ofFj but they produce little : and the fait pond 
 has yielded little fait fince the white people were 
 moved away. Had Negroes never been intro- 
 duced into the Weft Indies, the IQands would 
 have been divided amongft a number of white 
 people, who might have been able to defend them- 
 felves againft foreign invafions; and as every one 
 would have made fome rum and fugar, or elfe have 
 planted cotton, cocoa, pimento, ginger, or aloes, 
 they would have confumed a much greater quantity 
 of Britifh manufa6tures than thofe countries do in 
 their prefent ftate. At this time all the old fettled 
 Iflands, except Jamaica, have fewer inhabitants 
 than they had fifty years ago j and the number is 
 daily decreafing. In procefs of time, moft of the 
 Sugar Iflands will probably become the property 
 of a few over-grown planters, who may perhaps 
 carry matters with a high hand over their in- 
 feriors* In my time there were leading men on 
 many of the Iflands, who kept the. inferior people 
 in a ftate of great dependency j and in one 
 
 r of 
 
in North America, &c, 417 
 
 of the Iflands, I well remember an Ariftocracy 
 carried ail before them. 
 
 In all the Colonics, Negroes, on their firft im- 
 portation from Guinea, are abfolutely perfonal 
 cftate i they are carried on (hore from the Ihip to 
 fome yard, and fold there like cattle in a fair. 
 The wife is often feparated from the hufband, and 
 the child from its parent. No deed or writing is 
 neceffary for the conveyance of them from the 
 Guinea Fador to the purchafer. When an agree- 
 ment is made for the price, the purchafer takes 
 them away, and pays down the purchafe money 1 
 or, which is more ufually the cafe, he gives a 
 bond for payment at a future day ; but if, after 
 Negroes are fold in the Guinea Yard, the pur- 
 chafer does not carry them out of the Ifland or 
 Province forthwith, but works and employs them 
 there i then they are either real or perfonal eftate, 
 according to the laws of that Colony in which they 
 continue. In Antigua, Barbadoes, and Jamaica, 
 fcafoned Negroes are real eft ate, fubjed neverthe- 
 Icfs to be extended and fold as perfonal eftate for 
 thefatisfaftion of debts, by the Stat, of the 5 Geo. 
 11. c. 7. above mentioned, and alfo by the Pro- 
 vincial laws of moft of the Colonies. They were 
 alfo real eftate in Virginia before the civil war. 
 In fome of the Plantations, Negroes are, in all 
 rtfpeds, perfonal eftate j in others they are of a 
 mixed nature j for in the Ifland of Nevis in par- 
 ticular, Negroes are perfonal eftate, until they 
 have been once worked on lands there ; and from 
 that time they ever afterwards become real eftate, 
 and follow the fame courfe of defcent, unlefs they 
 are extended and fold for payment of debts. In 
 all the Colonies where Negroes are real eftate, 
 they muft be conveyed by deed j and that deed 
 muft be regiftcrcd in the Office, In fome of the 
 
 E c Colonies 
 
 Si ■' > 
 
 'Hi Jf 
 
 . r i! 
 
 
 uP-.-y 
 
 m 
 
it 
 
 IP 
 
 m 
 
 li 
 
 k'H8 
 
 |M 
 
 l^iM^ 
 
 in 
 
 ^1 
 
 iH 
 
 IH 
 
 ffi|i 
 
 IjH 
 
 Iffl 
 
 H: 
 
 wm 
 
 111 
 
 ^M^'i 
 
 Iffln 
 
 '19 
 
 UM ::'3 
 
 wJ^K 
 
 'M 
 
 ^ii 
 
 mI 
 
 i 
 
 pi 
 
 m 
 
 » r. ?■ . 
 
 41 d Conjlittttion of the British Colonies 
 
 Colonies where they are perfonal eftate (parti- 
 cularly in the Ifland of Montferrat), feafoned Ne- 
 groes cannot be conveyed without a bill of falc 
 regiftered in the Office. 
 
 A Feoffment of a Negro Woman and her "Daughter^ 
 a Mulatto^ in the IJland of Antigua^ where Slaves 
 are Real Eftate, 
 
 Antigua. 
 
 THIS Indenture was made the day of 
 
 June, in the year of our Lord 1763, between 
 E. C. of the town of St. John in the Ifland of 
 Antigua, fpinfter, of the one part, and D. H. 
 of the parilh of St. John in the Ifland of Antigua 
 aforefaid, of the other part, witneflTeth, That for 
 and in conflderation of the fum of 65 1. of good 
 current money of the faid Ifland of Antigua to the 
 faid £.C. in hand, well and truly paid by the faid 
 D. H. at or before the fealing and delivery of 
 thcfc prefents, the receipt whereof fhc the faid 
 £. C. doth hereby acknowledge, and thereof and 
 of every part thereof doth acquit, releafe, and 
 difcharge the faid D. He his executors, admini- 
 llrators, and afllgns, and every of them, for ever, 
 by thefe prefents, flie the faid E. C. hath granted, 
 bargained^ fold, aliened, enfeoffed, releafed, and 
 confirmed; and by thefe prefents doth grant, 
 bargain, and fell, alien, enfeoff, releafe, and 
 confirm unto the faid D. H. his heirs and afligns 
 for ever, one Negro woman flave, named Queen, 
 with her child Margaret, a Mulatto girl, to- 
 gether with the ifljje and increafe of the faid 
 flaves hereafter to be born 5 and the reverfion and 
 reverfions, remainder and remainders, of the faid 
 flaves, and each of them, and all the eftate, right, 
 title, interelt, truft, property, claim, and demand 
 
 whatfoever, 
 
 tii'l,--^ 
 
in North America, &c. 
 
 419 
 
 whatfocver, both at law and in equity of her the 
 faid E. C. of, in, or to the faid flaves, and each 
 of them, to have and to hold the faid flaves, and 
 each of thenn, unto the f lid D. H. his heirs and 
 afligns for ever, to and for the only proper ufe 
 and behoof of him the faid D. H. his heirs and 
 afligns for ever : and the faid E. C. doth hereby 
 for herfelf, her heirs, executors, and adminiftra- 
 tors, covenant, promife, grant, and agree to, 
 and with the faid D. H. his heirs and afligns, that 
 the faid D. H. his heirs and afligns, fliall and 
 may from time to time, and at all times hereafter 
 peaceably and quietly have, hold, occupy, poflefs, 
 and enjoy the faid flaves hereby or mentioned, or 
 intended to be hereby granted and conveyed, and 
 each of them, without the lawful let, fuit, trouble, 
 denial, eviftion, or interruption of or by the 
 faid E. C. her heirs, executors, adminiftrators, 
 or afligns, or of or by any other perfon or perfons 
 whomfoever, and that free and clear, and freely 
 and clearly acquitted, exonerated, and difcharg- 
 ed, ot otherwife, by the faid Ei C. her heirs, 
 executors, and adminiftrators, well and fuflicient- 
 \j faved, defended, kept harmlefs and indemni- 
 fied of, from, and againft all and all manner of 
 former and other gifts, grants, bargains, fales, 
 leafes, mortgages, jointures, dowers, titles of 
 dower, ufes, trufts, wills, entails, ftatutes, re- 
 cognizances, judgments, extents, executions ; and 
 of, from, and againft all and Angular other 
 eftates, titles, troubles, charges, and incum- 
 brances whatfoever, had, made, dorie, committed, 
 occafioned, or fufl^ered, or to be had, made, 
 done, committed, occafioned or fufl^ered by the 
 faid E. Cher heirs, executors, adminiftrator:j, or 
 afligns, or any of them, or by any other perfon 
 or perfons whomfoever ^ and alfo that flie the 
 
 £ e 2 faid 
 
 ^1 V ^ ^ 
 
 n 
 
 ^m 
 
 .>,■ i 
 
 :■:!■> 
 
 '■ wii 
 
 >..!? 
 
I 
 
 410 Conftitution of the British Colonies 
 
 faid E. C, is rightfully and abfolutely feized in 
 her dcmcfne, as of fee, of and'in the faid flavcs, of 
 a good, fure, lawful, and indefeafible eftace of 
 inheritance in fee fimple to her and her heirs for 
 ever, without any revcrfion or remainder, truft, 
 limitation, power of revocation, ufe or ufes, or 
 any other matter, reftrain^, or thing whatfoever, 
 to alter, change, charge, revoke, make void, 
 leffen, incuptiber or determine the fame j and that 
 ihe the faid E. C. at the jime of the fcaling and 
 delivery hereof, hath in herfelf good right, full 
 power, and lawful and abfolute authority to grant, 
 oargain, fell, , alien, €i)feofFi tcleafe, and con- 
 firm the faid flaves unto the fafd D. Hi his heirs 
 and afligns for ever ; i^.nd laftly, that fhe the faid 
 E-, C. ^rid her heirs, and all and every other per- 
 fon and perfons having or lawfully claiming, or 
 which fhall or may have or lawfully claim any 
 cftate, right, title, truft or intereft at law or in 
 equity, of, in, or to the faid flaves hereby or 
 mentioned or intended to be hereby granted and 
 conveyed, or either of them, fhall and will from 
 time to time, and at all times hereafter, upon 
 every reafonable requeft, and at the proper cofts 
 and charges in the law of the faid D. H, his heirs 
 or afBgns, make, do, acknowledge, and execute, or 
 caufe or procure to be made, done, acknow- 
 ledged and executed all and every fuch further 
 and other lawful and reafonable adls, deeds, and 
 and things, devices, conveyances, and aflurances 
 in the law whatfoever, for the further, better, 
 more perfedt, and abfolute granting, conveying, 
 and afluring of the faid flkves hereby or mention- 
 ed or intended to be hereby granted and conveyed, 
 and each of them unto, and to the ufe of him the 
 faid D. H. his heirs and affigns for ever, as by the 
 faid D. H. his heirs or afligns, or his or their 
 
 Gounfel 
 
in North America, &c. 
 
 4U 
 
 Counfel learned in the law, fhall be reafonably 
 advifcd or dcvifcd and required, fo as fuch fur- 
 ther aflurances contain in them no further or 
 other warranty or covenants than againft the per- 
 fon or perfons, his or their heirs, who fliail make 
 or do the fanne j and fo as the party or parties 
 who fliall be requefted to make fuch further af- 
 furances, be not compelled or compellable for 
 making or doing thereof, to ; go or travel 
 above ten miles from his of their: thch refpedtivc 
 dwellings or places of abode. In witneft whereof, 
 thefaid parties to thefeprcfcnts have hereunto- fcj 
 their hands and fcalsthc day and year firft above-* 
 written, .,. . .. , \o: ..... 
 
 , \^.7^T E. C.(L.S.) 
 Sealed, deljyqred, and acknoi^)'^ ^ ^ ^., . 
 
 ledgedthis dayottu^?^'; .-. ...^ ; V . 
 
 1763, mtbeprefence.or.-7V./Uv.v'.V,v.ij 
 
 
 Received on the da,^ ^fff'tJi^M^eo^ 
 written Indenture of the ab9Vii: named, KBClHe 
 fum of 6$ 1. of good, cui%»!tIxJ SS^ferfbl-iifdtaey 
 of the faid Ifland of Anrigua',:;b&frf^J^'/iOftl ton-^ 
 fideration money above mentibnc^ XO' be paid 
 tome. , 
 
 ^ E.G. 
 
 Witnefs, E.G. Reg. \ ' ' 
 
 By an Ad of Affembly of the Ifland of Antigua, 
 the regiftering a deed in the Regifter's Office is 
 equivalent to livery and feifin. This law has oc- 
 cafioned their frequently ufing the Deed of Feoff- 
 ment in preference to any other mode of convey- 
 ance. 
 
 And by the laws of that Ifland, thofe parties to 
 a peed, from whom the intereft pafles, muft either 
 
 E e 31 acknow^ 
 
 
 ( 
 
 I 111' 
 
 1,1 <jl 
 
 ii'li' i^lllill 
 
 I ■% I 
 
 k,.: 
 
 ft 
 
 lii 
 
 ,m 
 
 m.i-^ 
 
422 Conftitutton of the British Colonies 
 
 acknowledge fuch Deed before thcRegifter in per- 
 fon J or tlfe they mult, by a Letter of Attorney, 
 inferred in the Deed, impower fome perfon or 
 perfcns to acknowledge it for them before the 
 Regiftcr. The introdudion of this ceremony has 
 frequently occafioned miftakes in the conveyances 
 fcnt out from England : but in mod of the other 
 lilands, an Affidavit proving the execution of a 
 conveyance is fufficient for the purpofe of having 
 it regiftcrcd. I need fay no more at prefent, be- 
 caufc molt of the Forms of Deeds hereafter in- 
 ferted being authenticated according to the laws 
 of thofe Ifiands refpedively, for which they are 
 intended, will fpeak for thcmfelves. 
 
 A Feoffment of a Slave in Antigua from a Man 
 and his fVife, and the Truji.ee of the fVife^ in 
 which cafe the Wife was privately examined before 
 a Judge to bar her of Bower » 
 
 Antigua. 
 
 This Indenture Tripartite, made the 
 day of in the year of our Lord 1765, 
 
 between W. H. D. late of the Ifland of Antigua, 
 Efq; (by R. B. of the faid Ifland of Antigua, Efq; 
 his Attorney by Deed, poll bearing date the 
 day of 17 duly conftituted and ap- 
 
 pointed) of the firft part, E. P. of the faid Ifland 
 of Antigua, Gentleman ; and Ann his wife, late 
 A-nn H. fpinfl:er, of the fccond part j and C B, 
 of the faid Ifland of Antigua, Efqj of the third 
 part: Whereas by Indenture Tripartite, made or 
 mentioned to be made the nth day of Decem- 
 ber, in the year of our Lord 1751, between Ann 
 M. of the faid Ifland, widow and relift of C. M. 
 pf the faid Ifland, dcceafed, and refiduary, de- 
 
 vifec, 
 
in North America, &c. 41J 
 
 vlfef, and legatee of his Lafl Will and Tefta- 
 ment of the firft part j J. D. of the fame place, 
 Efqj of the fecond partj and C. H. and A. H. 
 nephew and niece of the faid A. M. of the third 
 part. It is witnefled, that for and in confidera- 
 lion of the natural love and afFedion which fhc 
 the faid A. M, had and bore to and for the faid 
 C. and A. H. Iier nephew and niece j and aifo for 
 and in confideration of the fum of 5 s. current 
 money of the laid Illand, to her in hand paid by 
 the faid J. D. the receipt whereof is thereby ac- 
 knowledged, file the faid A. M. did give, grant, 
 bargain, fell, alien, enfeoff, releafe, and confirm 
 unto the faid J. D. his heirs and afligns for ever, 
 all thofe the following flaves j that is to fay, a 
 Negro wonrian named Dinah, and her daughter 
 Mary, and a Negro woman named Letitia, and 
 her two daughters named Rofe and Phillis, with all 
 the future ifliie and increafeofthe faid female flaves; 
 and alfo all the eftate, right, title, intereft, pro- 
 perty, claim and demand whatfoeverofher the faid 
 A. M. of, in, and to the faid flaves, or any or 
 cither of them, and the reverfion and rcverfions, 
 remainder and remainders, rents, fervices, and 
 profits, of all and every the faid flaves, to hold 
 the faid Negro woman named Dinah, and her 
 faid daughter Mary, and the faid Negro woman 
 named Letitia, and her faid two daughters named 
 Rofe and Phillis, together with all their future 
 iflue and increafe, unto the faid J. D. his heirs 
 and afligns for ever, to the only proper ufe and 
 behoof of the faid J. D. his heirs and afligns for 
 ever : In truft neverthelefs, and to and for fuch 
 ufcs, intents, and purpofes, only as are therein 
 after exprefsly declared, viz. As for touching 
 and concerning the faid Negro woman named 
 Dinah, and her faid daughter Mary, with 
 
 E e 4 their 
 
 ■i 1 
 
 <■{ lit 
 
 i' ; . :l; 
 
 
 i:S!iii 
 
 m 
 
 
Ii.1 i 
 
 444 Conjiitutton of the British Colonies 
 
 their future ifTue and increafe, hi truft, and to 
 and for the life and behoof of the faid C. H. 
 his heirs and afligns for ever : but in cafe he the 
 faid C. H. fhould happen to die under the age of 
 twenty- one years, and without iffue lawfully be- 
 gotten, then in truft for and to the ufe and be- 
 hoof of the fidd A. H. her heirs and afligns for 
 ever i and as for touching and concerning the 
 faid Ne^To woman named Letiiin, and her faid 
 two daughters named Rofe and Phillis, with their 
 future ilTue and increafe, in truH to and for the 
 life and behoof of the faid A. H. her heirs and 
 affigns for ever : but in cafe the faid A. H. Ihould 
 happen to die under the age of twenty-one years, 
 and without iffue lawfully begotten, then in truft 
 for and to the ufe and behoof of the faid C. H. 
 his hei.s and affigns for ever, and tO and for no 
 other ufe, intent, or purpofe whatfoever, as in 
 and by the faid Indenture duly recorded in the 
 Regifter's Office of the faid Ifland of Antigua, re- 
 lation being thereunto had, may more fully and 
 at large appear : And whereas tho faid J. D. hath 
 fince departed this life, leaving the faid W. H. D. 
 his eldeil fon and heir at law ; and the faid A. P. 
 hath attained her age of twenty one years, and 
 hath intermarried with the faid E. P. : And 
 "wheieas the faid C. B. hath agreed with the faidE. P. 
 and A. his wife, for the purchafing of the afore- 
 faid Negro girl (lave named Phillis ; NOW 
 THEREFORE, to the intent and for making the 
 fale thereof a' cordingly, THIS INDENTURE 
 WITNESSETH, That the faid E. P. and Ana 
 his wife (by and with the confent and approbationof 
 the faid S. H. D. teftified by his being a party to, 
 and figning and fealing thefe prefents) for and in 
 confideration of the fum of current money 
 
 of the faid Ifland of Antigua to the faid E. P. in 
 
 hand 
 
 
in North America, &c. 
 
 425 
 
 hand well and truly paid by the faid C. B. at or 
 before the fealing and delivery of thefe prcfents, 
 (the receipt whereof the faid E. P. doth hereby ac- 
 knowledge, and thereof and of every part thereof 
 doth acquit, releafe, and difcharge the faid C. B. 
 his executors, adminiftrators, and afligns, and 
 every of them, for ever, by thefe prefents) have, 
 and each of them hath granted, bargained, fold, 
 aliened, enfeoffed, releafed, and confirmed, and 
 by thefe prefents do, and each of them doth grant, 
 bargain, and fell, alien, enfeoff, releafe, and 
 confirm unto the faid C. B. his heirs and afli^ns 
 for ever, the faid Negro girl flave named Phillis, 
 together with the iflue and increafe of the faid 
 flave hereafter to be born ; and the reverfion and 
 reverfions, remainder and remainders of the faid 
 flave, and all the cllate, right, title, intereft, truft, 
 property, claim and demand whatfoever, both at 
 law and in equity of them the faid E. P. and Ann 
 his wife, of, in, or to the faid flave, TO HAVE 
 AND TO HOLD the faid flave unto the faid C.B. 
 his heirs and affignsfor ever, to and for the only pro- 
 per ufe and behoof of him the faid C. B. his heirs 
 and afligns for ever; and the faid E. P. doth hereby 
 for himfeif and for the faid Ann his wife, and for 
 their refpedive heirs, executors, and adminiftra- 
 tors, covenant, promife, grant, and agree to and 
 with the faid C. B. his heirs and afligns j that he 
 the faid C. B. his heirs and afligns, fliall and may 
 from time to time, and at all times hereafter, 
 peaceably and quietly have, hold, occupy, polfefs, 
 and enjoy the faid flave hereby or mentioned or 
 intended to be hereby granted and conveyed, 
 without the lawfullet, fuit, trouble, denial, evic- 
 tion, or interruption of or by the laid E. P. 
 and Ann his wife, or either of them, their, 
 or either of their heirs, executors, adminiftra- 
 
 2 tors 
 
 ( '%: • 
 
 f,i^ 
 
 
 * I .'' •' 
 
 n '1 
 
 u M 
 
 
 Illi; lii, 
 
 ''i 
 
 Mh 
 
 .mil 
 
4^6 ConJlitHtion of the Brftish Colonies 
 
 tors or afTigns, or of or by any other perfon or 
 perfons whomfoever ; and that free and clear, and 
 freely and clearly acquitted, exonerated, and dif- 
 charged, or otherwife, by the faid E. P. and Ann 
 his wife, and each of them, their and every of 
 their heirs, executors, and adminiltrators, well 
 and fufficiently faved, defended, kept harmlefs, 
 and indemnified of, from, and againft all and all 
 manner of former and other gifts, grants, bar- 
 gains., fales, leafes, mortgages, jointuies, dowers, 
 titles of dower, ufes, trulls, wills, entails, fta- 
 tutes, recognizances, judgment.--^ extents, exe- 
 cutions, and of, from, and againft all and fin- 
 gular other cftates, titles, troubles, charges, and 
 incunnbrances whatfoever, had, made, done, com- 
 mitted, occafioned or fuffered by the faid Ann 
 while (he was fole, or by the faid E. P. and Ann 
 his wife fince their intermarriage, or to be had, 
 made, done, committed, occafioned, or fuffered 
 by the faid E. P. and Ann his wife, their heirs, 
 executors, adminiflrators, or Affigns", or any or 
 cither of them, or by any other perfon or perfons 
 whomfoever : And alfo that they the faid E. P. 
 and Ann his wife are, or one of them is rightfully and 
 abfolutely feized in his, her, or their demefne as of 
 fee, of and in the faid llave, of a good, fure, lawful, 
 and indefeafible eftate of inheritance, in fee fimple 
 to them and their heirs for ever, without any rever- 
 fion or remainder, trull, limitation, power of re- 
 vocation, ufe or ufes, or any other matter, re- 
 Ilraint, or thing whatfoevor, to alter, change, 
 charge, revoke, make void, Icffen, incumber, or 
 determine the fame j and that they the faid E. P. 
 and Ann his wife, at the time of the fealing and 
 delivery hereof, have in themfelves good right, 
 full power, and lawful and abiblute authority, to 
 grant, bargain, fell, alien, enfeoff, releafe, and 
 
 confirm 
 
in North America, &c. 
 
 4? 7 
 
 confirm the faid flave unto the faid C. B. his heirs 
 andafligns for ever : And laftlv, That they the faid 
 E. P. and Ann his wife, and their heirs, and all 
 and every other peribn and perfons having or law- 
 fully claiming, or which Ihall or may have or 
 lawfully claim any eftate, right, title, truft, or 
 intereft, at law or in equity, of, in, or to the 
 faid flave hereby or mentioned or intended to be 
 hereby granted and conveyed, fliall and will from 
 time to time, and at all times hereafter, upon 
 every reafonable requeft, and at the proper cofts 
 and charges in the law of the faid C. B. his heirs 
 or afligns, make, do, acknowledge, and execute, or 
 caufe or procure to be made, done, acknowledg- 
 ed and executed all and every fuch further and 
 other lawful and reafonable adls, deeds, and 
 things, devices, conveyances, and aflurances in 
 the law whatfoever, for the further, better, more 
 perfe^ and abfolute granting, conveying, and 
 afluring of the faid flave hereby or mentioned or 
 or intended to be hereby granted and conveyed, 
 unto and to the ufe of him the faid C. B. his 
 heirs and afligns for ever, as by the faid C. B. his 
 heirs or afligns, or his or their Counfel learned in 
 the law, ftiall be reafonably advifed, or devifcd 
 and required j fo as fuch further aflurances con» 
 tain in them no further or other warranty or co- 
 venants than againft the perfon or perfons, his or 
 their heirs, who fliall make or do the fame, and 
 fo as the party or parties who fliall be requefted to 
 make fuch further aflurances be not compelled or 
 compellable for making or doing thereof, to go 
 or travel above ten miles from his or their then 
 refpedive dwellings or places of abode. In wit- 
 nefs whereof, the faid parties to thefc prefents 
 
 have 
 
 
 M*!i 
 
 !,•';'■ 
 
 ■■■.' 
 
 
 't' -i\:i 
 
 III "IBi',', ' / 
 
 
 L^i: 
 
 '): ! 
 
 hi, I 
 
 \h ■' 
 
 Mil 
 
448 ConftUution cf the British Colonies 
 
 have hereunto fet their hands and feals the day 
 
 and year firft above written. 
 
 Sealed, delivered, and ac- W. H. D. (L. S.) 
 
 knowlcdged, this By his Attorney R. B. 
 
 day of 1765, E. P, (L.S.) 
 
 in the prefence of A. P. (L.S.) 
 
 M— Reg. C. B. (C. B.) 
 
 Received on the day of the dajte of the within 
 written Indenture of the within named C. B. the 
 fum of of good ciirr)E;i)t and lawful 
 
 money of the faid Iflapd of Antigya, being the 
 full confideration naoney to be paid'to irie , 
 
 ■_ . '.-■-: **E, P. 
 
 Witnefs, L— M— > Reg. , - : ^^^ „..^ 
 
 Memorandum, that thisj - ,i4Ay of 
 1765, before me S-; — T^-^5. ofte of the Juf- 
 tices of his Majefty's Court of Gpmmon Pleas, 
 held for the faid Iflandiof AiJtigiLifl,' perfonally ap- 
 peared A. P. party to> the withim Indenture, who 
 being by me privately and apart exarnined, de- 
 clared, that flie voluntarily, andof her own free 
 will and confent, executed the wjthin indenture, 
 without any threats, fear, dread, or compulfionj 
 of the faid E. P. her huft)and, certified in my ca- 
 pacity aforefaidj the day and year laft above 
 written. 
 
 S— T— , Judge. 
 
 If 
 
 ^ Feoffment ly the j^Siing Provofl Marjhal of An- 
 
 < tiguay of feveral Slaves that were fold by him under 
 
 Execution, to the highefi Bidder at Public Sale* 
 
 • fjf .' 
 Antigua'. 
 
 THIS Indenture, made the day of 
 
 in the year of our Lord 1765, between Samuel 
 
 Henry 
 
in North America, &c. 
 
 429 
 
 Henry Warner, Efq; Deputy Provofl Marfhal of 
 the Ifland of Antigua, of the one part, and R. F. 
 of the faid Ifland of Antigua, Efqj of the other 
 part. Whereas at a Court of Common Pleas held 
 for the faid Ifland of Antigua, on the 5th day of 
 June, in the year of our Lord 1764, judg^nent 
 was obtained againft J. G. and J. W. of the faid 
 Iflandi merchants, at the fuit of J. D. and B. C. 
 of the faid Ifla^di merchants, for the fum of 
 j?^6ol, 1 2 s. 8<i. .halfpenny, Sterling money of 
 Great Britain, with cofts 5 upon which faid judg- 
 ment execution iflgcd on the 14th day of the 
 faid month of June,, and was delivered into the 
 hands of. the Deputy Provofl: Marflial at twenty- 
 four minutes after, one o'clock of the fame dav : 
 And whereas alfo, at a Court of Common Pleas 
 held for the faid Ifland of Antigua on the faid 
 5th day of June, judgment was obtained againft: 
 the faid J. G. at the fuit of S. B. and W. W. of 
 the faid Ifland,' merchants, for the fum of 3400 1. 
 Sterling, money of Great Britain, with cofts, 
 upon which faid judgment execution iflfued on the 
 14th day of the fame month of June, and was de- 
 livered into the hands of the Deputy Provofl: 
 Marflial, at thirty-eight minutes pafl: one o'clock 
 of the fame day : And whereas alfo at a Court of 
 Common Pleas held for the faid Ifland of Antigua 
 on the faid 5th day of June, judgment was ob- 
 tained againfl: the faid J. G. at the fuit of A. D. 
 and K. M. of the faid Ifland, merchants, for the 
 fum of 637I. 13s. 7d. halfpenny current gold 
 and filver money of Antigua, with cofts, upon 
 which faid judgment execution iffued on the faid 
 14th day of June, and was delivered into the 
 hands of the Deputy Provofl: Marflial, at thirty- 
 five minutes after two o'clock of the fame day : 
 And whereas alfo a Court of Common Picas held 
 
 for 
 
 \ 
 
 
 f. 
 
 I 
 
 t'i!il:(li 
 
 r 
 
 ■(in 
 
 m 
 
 
 
 ■ 1 I 
 
 11. %. 
 
 "M: 
 
 ^^W\ 
 
 r i 
 
 |! I' 
 
43© ConftUutton of the BfttxiSH Colonics 
 
 for the faid Ifland of Antigua, on the faid 5th 
 day of June, judgment was obtained againft the 
 faid J. G. at the fuit of J. B. of the faid Ifland^ 
 Efq; for the fum of 1 136 I. 2S. Sterling money of 
 Great Britain, with coflsj upon which .aid judg- 
 ment execution iffued on the faid 14th day of 
 June, and was delivered into the hands of the 
 Deputy Provoft Marfhal at eleven minutes after 
 three o'clock of the fame day : And whereas alfo 
 at a Court of Common Pleas held for the faid 
 Ifland of Antigua, on the 3d day of July, in the 
 faid year of our Lord 1764, judgment was ob- 
 tained againft the faid J. G. at the fuit of J. T. 
 fenior, B. T. J. T. junior, and J. A. all of the 
 city of tk)ndon, merchants, for the fum of 
 47271. 195. 8d. Sterling money of Great Bri- 
 tain, with cofts J upon which faid judgment exe- 
 cution iflued on the faid 3d day of July, and was 
 delivered into the hands of the Deputy Provoft 
 Marflial, at fifty-five minutes after fix o'clock ia 
 the morning of the fame day : And whereas alfo 
 at a Court of Common Pleas held for the faid 
 Ifland of Antigua, on the 7th day of Auguft, in 
 the faid year of our Lord 1764, judgment was 
 obtained againft the faid J. G. at the fuit of J. L. 
 and B. L. for the fumof 178I. i2s. lod. cur- 
 rent gold and filver money of the faid Ifland, with 
 Cofts i upon which faid judgment execution iflued 
 on the fame day, and was delivered into the hands 
 of the Deputy Provoft Marflial, at thirty-five 
 minutes paft nine o'clock of the fame day : And 
 whereas alfo at a Court of Common Pleas held 
 for the faid Ifland of Antigua, on the fecond day 
 of April, in the year of our Lord 1765, judgment 
 was obtained againll the faid J. G. at the fuit of 
 R. S. the elder, T. S. and R. S. the younger, of 
 the city of London, merchants, for the fum of 
 
 59881. 
 
in North America, &c. 
 
 43 « 
 
 5988I. IS. 4d. lawful money of Great Britain, 
 with cods ; upon which faid judgment execution 
 ilTued on the 5th day of the fame month of April, 
 and was delivered into the hands of the Deputy 
 Provoft: Marfhal, at twenty-three minutes paft 
 eight o^clock of the fame day : And whereas alio ac 
 a Court of Common Pleas held for the faid Ifland 
 of Antigua, on the faid 2d day of April, judg- 
 ment was obtained againft the faid J. G. at the 
 fuit of S. R. executor of the Laft Will and Tefta- 
 ment of J. H. deceafed, for the fum of 199I. 14s. 
 good and lawful money of Antigua, with cofts; 
 upon which faid judgment execution iffued on the 
 20th day of the fame month of April, and was 
 delivered into the hands of the Deputy Provoft 
 Marflial, at thirty minutes paft eleven o'clock of 
 the fame day -, all which faid executions were duly 
 levied upon the following Negro men flaves, viz. 
 Low, Hum, Quaw, Tom, Punch, Alarm, Gift, 
 and London j which faid flaves were, after pro- 
 per advcrtifcments and publications for fale 
 thereof, put up to be fold upon the 8th day of 
 May laft, upon the Public Parade, in the town 
 of St. John J which faid fale was continued to the 
 fetting of the fun on the fame day, and at funfet 
 thereof the fame fale was finifhed ; and the faid 
 R. F. was then and there declared to be the beft 
 bidder for the faid flaves fo levied on as aforefaid, 
 he having bid for them as follows, viz, for the 
 faid Negro man flave named Low, iool.,gold 
 and filver money of the faid Ifland of Antigua ; 
 for the faid Hum, loi 1. like money j for the faid 
 Quaw, 62 1. like money J for the faid Tom, 84I. 
 like money j for the faid Punch, 90I. like mo- 
 ney; for the faid Alarm, 82I. like money; for 
 the faid Gift, 61 1. like money ; and for the faid 
 London, 91 1. like money j amounting in the 
 
 7 whole 
 
 m¥ 
 
 Ml,: 
 
 I, , ■ .^J . i- 
 
 I ii!' ■ ; 
 
 !i;'.:^ 
 
 !• 'ii 
 
 ■■M 
 
 ILh'^I;';!" 
 
 
 fc: 
 
 !'' mM 
 
 Si? 
 
 
 l-:i 
 

 
 Hmmi 
 
 
 
 ^wi 
 
 f ftfli^^^fl w^^R' 
 
 hHI 
 
 
 MHjl . 
 
 
 
 i 3 ■ »^K' H 
 
 
 ■|M'' 1 
 
 
 lBr|^M| i! 
 
 1 w 
 
 «iS|Hn 1 Pi 
 
 Si x'a 
 
 lw| 
 
 H^ 
 
 ' ff B< i 
 
 nl 1 
 
 1 ^ p H^ 1 
 
 Jlni ' 
 
 : iMiii 
 
 
 ' iiii 
 
 IfmsIMm' 
 
 ' mtoB^Bm % 
 
 
 - S^^^^^u » 
 
 lit 
 
 ' 9 WwS^ra Ml 
 
 
 9m' ^^H 4 
 
 
 'ii « 1 
 
 
 ) 1- it ^^m 1 
 
 1 P'i'^ 
 
 ii Ws 1 
 
 1 1; 1 U 
 
 
 if n 
 
 1 fll 
 
 ' B «l ^ ^K ^^ 
 
 
 ill II 
 
 
 
 iii^ 11 
 
 
 i|l'l'- 
 
 
 MW Bi| 
 
 
 IS k 
 
 
 j^ffl B 
 
 
 1 1^ i 
 
 mm||M| I 
 
 ^ wHJiJ 6J| 
 
 
 ,JrJ| ft) i 
 
 
 ^1 '^i 
 
 ,W| !^^ H 
 
 M 
 
 
 ffl ^< 
 
 
 
 
 8 
 
 
 
 WM' Hm 1 
 
 m m 
 
 
 1 1 
 
 tt MM 1 
 
 ii 
 
 
 432 Conftitutlon of the British Colonies 
 
 whole to the fum of 671 1. gold and filver money 
 ofthe faid Ifland of Antigua, as by the faid recited 
 judgments remaining of record in the Secretary's 
 Office i and the faid recited writs of execution, 
 levy, publication, and fale, all filed in the Mar- 
 fhal's Office of Antigua, or contained in his Office 
 Book, relation being thereto had, may more fully 
 and at large appear. NOW THEREFORE 
 THIS INDENTURE WITNESSETH, That 
 as far forth as the faid Samuel Henry Warner, by 
 his faid Office of Deputy Provoft Marlhal, can or 
 may do, by virtue of all or any Statutes of Great 
 Britain, or any acl or afls, law or laws of the faid 
 Ifland of Antigua, he the faid Samuel Henry War- 
 ner, for and i n confideration ofthe faid fum of 67 1 1. 
 to him in hand well and truly paid by the faid 
 R. F. at or before the fealing and delivery of thcfe 
 prefents, the [receipt whereof he the faid Samuel 
 Henry Warner doth hereby acknowledge, and 
 thereof and of every part thereof, doth acquit and 
 difcharge the faid R. F. his heirs and affigns for 
 ever, by thefc prefents, hath granted, bargained, 
 fold, aliened, enfeoffed, releafed, and confirmed, 
 and by thefe prefents doth grant, bargain, and 
 fell, alien, enfeoff, releafe, and confirm unto the 
 faid R. F. his heirs and affigns for ever, the faid 
 eight Negro men, flaves of him the faid J. G. 
 fo levied on and fold as aforefaid 5 and all fuch 
 eflate, right, title, and intereft, both in law and 
 equity, as he the faid J. G, hath in them, TO 
 HAVE AND TO HOLD all and fingular the 
 faid flaves fo levied on and fold as aforefaid ; and 
 all fuch eflate, right, and title and interefl both at 
 law and equity, as he the faid J. G. hath in 
 them unto the faid R. F, his heirs and affigns 
 for ever, to the only proper ufe and behoof of 
 him the faid R, F, his heirs and affigns for ever, 
 
 An4 
 
in North AKtBttieA, &c. 4gj 
 
 iftd Tor no other ufe, intend or purpofe whacfo* 
 ever, in the mod full and aaiple manner, that he 
 the (aid Samuel Henry Warner can or may grant 
 and convey the fame flaves by virtue of his faid 
 Office of Deputy Provolt Marfiial as aforefaid* 
 In witnefs whereof, he the faid Samuel Henry 
 Warner hath hereunto fet his hand and feal the 
 day and year firft above written* 
 Sealed and delivered, &c* 
 
 A Mortgage of Negroes for Five hundred Tears^ 
 to fecure the Repayment of 256 1. and Inter eft * 
 
 Antigua. 
 
 THIS Indenture, made the third day of No- 
 ▼ember, in the year of our Lord 1764, between 
 J. L. of the faid IHand of Antigua, Gent, of the 
 one part; and R« B. of the faid IQand of Antigua, 
 Efq; and J. H. of the faid Ifland, pent, of the 
 other part, witnefTeth, That the faid J« L. for and 
 in confidcration of 256 1. current money of the 
 faid Ifland of Antigua, to him in hand paid by 
 the faid R. 6. and J. H. at or before the fealing 
 and delivery of thefe prefents, the receipt where- 
 of the faid J. L. doth hereby acknowledge, and 
 thereof and of every part and parcel thereof doth 
 freely, clearly, and abfolutely acquit, exonerate, 
 and difcharge the faidR* B. and J, H. their exe- 
 cutors, adminiftrators, and afligns, by thefe pre- 
 fents hath demifed, granted, and to farm let, 
 and by thefe prefents, doth demife, grant, and 
 to farm let, unto the faid R. B. and J. H. their 
 executors, adminiftrators, iand afllgns, as tenants 
 in common, and not as joint tenants, all thofe fe« 
 veral Negroes following: (that is to fay) one 
 Negro man flave, named James ; one Negrp wo- 
 man Qave, named Ifabella; and9ncother Negro 
 
 F f womaa 
 
 k'Kf 
 
 'll[ ■ , 
 
 
 CKh 
 
 :i;.':^ 
 
 
 m 
 
 :|itli 
 
 
 k 
 
 
 
 
I 
 
 4J4 Conjiitution cf tht Br iti&h Colonies 
 
 woman flave, named Phillis ; together D^ith the 
 future ifliie and inereafe of the females of the faid 
 (laves; and the reverlion 'and revcrfions, remain- 
 der and remainders of the faid (laves ; and all the 
 eftate ri^hr, tUle, intercd, property, claim, or 
 dematid whacfocver, of him the faid J. L. of, in, 
 and to the fame (laves, and each-and every of them, 
 to have and to hold ^11 and fingular the faid Haves 
 herein before named, together with the future 
 iflTue and inereafe of the females of the faid flaves 
 hereby demifcd, or iiwrant, mentioned, or intend- 
 ed to be hereby demifcd unto the faid R. B. and 
 J. H. their executors, adminiftrators, and affigns, 
 from the date hereof, for and during, and unto the 
 full end and term of five hundred years from 
 hence next enfuing, and fully to be complete and 
 endedi yielding and paying therefore yearly, and 
 every year during 'the faid term, unto the faid 
 J. L. his heiVs or affigns, the yearly rent of one 
 pepper corn,.on the feaftof St. Midhael the Arch- 
 angelj if the fame (hall be lawfully demanded; 
 provided always, and thefe prefent-s are upon this 
 exprefs condJHon, that if the faid J. 'L. his heirs, 
 executors, and/idminiftrators do and (hall well 
 and truly pajf, or caufe to be paid unto the faid 
 R. B. and Ji H. their executors, adminiftrators, 
 and afTigrrs, the fum of 256I. current money of 
 the faid Jflandy on or before the 3d day of No- 
 vember, which will be in tlie year of our Lord 
 J766, together with lawful intereft for the fame, 
 at and after the rate of 61. by the hundred by the 
 year; xhfi then this prefent Indenture, and every 
 matter, claufe, and thing herein contained, (hall 
 ceafe, determine, and be void, and of none ef- 
 fect, to all intents and purpofes whacfoever; any 
 thing herein contained to the contrary thereof] 
 notwithftanding : And the faid J. L. farhimfelf, 
 " c^ • ^ his 
 
SM North America, &c. 435 
 
 his heirs, executors, and adminidrators, and for 
 every of them, doth hereby covenant, promife, 
 grant, and agree to and with the faid R. B. and 
 J. H. their executors, adminillrators, and affigns, 
 in manner and form foUowing : that is to fay. 
 That he the faid J, L. now is true and lawful 
 owner of the faid feveral Ncjrrocs hereby demifed, 
 or mentioned or intended to be hereby dcmifedi 
 and each and every of them, and is rightfully and 
 abfolutely feized of the faid Negro flaves, and 
 each and every of them, of a gootl, fure, abfo- 
 lute, and indefeafible ellate of inheritance in fee 
 fimple, without any manner of condition, truft, 
 covenant, provifo, or limitation of ufc or ufes, or 
 other reftraint, matter, or thing whatfoever, tt) 
 alter, change, charge, determine, incumber, de- 
 feat, or evict the i'ame : And that the faid J. U, 
 now hath in himfelf good right, full power, and 
 lawful and abfolute authority to demife all and 
 fingular the faid feveral Negroes hereby demifed, 
 ormentioned or intended to be hereby demifed, as 
 aforefaid, and each and every of them unto the 
 faid R. B. and J. H. their executors, adminiftra- 
 tors, and afligns, in manner and form aforefaid : 
 And alfo that they the faid R. B. and J. H. their 
 executors, adminiftrators, and afligns, (hall and 
 may, from time to time, and at all times after 
 default (hall be made in payment of the faid prin- 
 cipal fum of 256!. current money -of the faid 
 Ifland, together with lawful intereft thereon, to 
 grow due and payable, peaceably and quietly ro 
 take poflefllon of, and have, hold, ocpupy, and 
 enjoy the faid feveral Negroes before named, to- 
 gether with the future iffue and increafe of the fe- 
 males of the fdid Negroes, without the ler, fuir, 
 trouble, hindrance, moJeftation, interruption, or 
 denial of him the faid J. L. his heirs and alfigns, or 
 
 F f 2 cither 
 
 !■ .' '• 
 
 
 if''\ 
 
 •' ) 
 
 Fi' 
 
 m 
 
 I Wm 
 
'^ I' fit /■ 
 
 1 
 
 I 
 
 
 4^6 Conjtiiutien of the British Colonics 
 
 either of them, or of any other perfon or pcrfoni law* 
 fully claiming or to claim, by, from, or under him, 
 them, or any or either of thenfi : And it is hereby 
 declared and agreed by anrd between' the faid par- 
 ties to thefe prcfents, That in the mean time, and 
 until default fhall happen to be made of, or in 
 payment of the faid principal fum, or of the in- 
 ierefl that (hail grow due thereon, it fhall and 
 may be lawful to and for the faid J. L. his heirs 
 and afljgns, peaceably and quietly to have, hold, 
 and enjoy all and Angular the faid Oaves herein 
 before named, and to receive and take the rents 
 and profits of them and every of them, to and for 
 his own ufe and benefit, without the lawful ler, 
 fuif, trouble, of interruption of or by the faid 
 R. B. and J; H. their execucorsi adminiftrators, 
 and afiigns, or o^ or by any other perfOn or pcr- 
 ibns lawfully claiming, or to claim from, by, fronn 
 or under him, them, or any or either of them. In 
 ■witnefs whereof, the faid parties to thefe prefcnts 
 have hei'eUnto fet their hands and feals the day and 
 year firft above Written j 
 
 J— L— (L.S.) 
 Sealed, delivered^ and acknow- L — B — (L. S.) 
 • ledged this 3d day of Novcrh- J — H— (L.S.) 
 ber, t)6^y before the 
 
 L—M— .Reg. 
 
 Received the day of the datfe of the above 
 written Indenture from the above named R. B. 
 and J. H. the fum 6f 256I. current money of the 
 the faid Ifland of Antigua, being the full confi- 
 deration money mentioned to be paid to rtne 
 
 J-L- 
 Wjtnefs, L— M— Reg. 
 
 Biu 
 
m North America^ &c. 
 
 4J7 
 
 Bill of Sale of two Negroes in the IJlandof 
 St, Chrijiopher^ "juhere Negroes are perfonal Eftate^ 
 and the Injirument hy which they an coniejsd, 
 need not be regiftered» 
 
 St. Christopher's, 
 
 KNOW all men by thefe prcfcnts, that I G-» 
 
 C , of the inand of St. Ghriftopher, Widow 
 
 and pxecutrix of the laft Will and Teftamcnt of 
 
 T C , late of the faid Illand, Efqj de'- 
 
 ccafcd, for and in confideration of the fum of 
 120/. current money of the faid Ifland to me in 
 
 hand, paid by W W of the faid Ifland 
 
 of St. Chriftopher, Merchant, at or before thq 
 fealing and delivery of thefe prcfcnts, the rc- 
 ceipc whereof I do hereby acknowledge, have 
 bargained, fold, releafcd, granted, and confirmed, 
 and by thefe prcfenis do bargain, fell, rcleafe, 
 
 grant, and confirm unto the faid W W ^ 
 
 the two Negro Slaves following : That is to fay, 
 a Negro Woman Slave, named Suf^nnah, and a 
 
 Negro Girl Slave, named P , daughter of 
 
 the faid S , to have and to hold the faid 
 
 SIp^'^^s, and each of them, by thefe prcfcnts bar- 
 gained, fold, releafed, granted, and confirmed, 
 together with the iflfue and incrcafe of the faid 
 Slaves, and each of them hereafter to be born, 
 unto and to the only proper ufe, benefit, and 
 behoof of the faid W — W — -^, his executors, 
 adminiftrators, and afllgns for ever, freely, quietly, 
 peaceably, and intirely, without any contradic- 
 tion, claim, difturbance, or hindrance of any 
 perfon whatfoever, and without any account to 
 me or to any other perfon whomfoever, to bp 
 made, anfwercd, or hereafter to be rendered, fo 
 
 that neither I the faid G C — — , nor any 
 
 perfon for me or in my name, or as reprcfenta 
 
 F f 3 ti ye 
 
 (1 
 
 '1 
 1 
 
 il. 
 
 1 
 
 i, 
 
 
 li, 
 
 I 
 
fill ipmiH 
 
 !: 
 
 fl 
 
 4^^^ CoJiftitutian of the British Colonies 
 
 tive of the faid T C , decealVd, or other- 
 wife, (hall or will at any time or times hereafter 
 exafb, challenge, claim, or demand any right, 
 ritle,"or intereft of, in, to, or out of the faid 
 Slaves hereby bargained and fold, or either of 
 them i or of, in, to, or out of the future ilTue 
 2nd increafe of the faid flaves, or either of them; 
 
 but that I the faid G C — — *, kind all perfons 
 
 claiming under me, or under the faid T 
 
 C, , deceafed, or otherwife howfoever, Ihall 
 
 be wholly barred and excluded, by force and vir- 
 tue of thefe prcfents, from all a6lion, right, 
 Qftate, title, claim, demand, poiTefllon, and in- 
 teref - of, in, to, and out of the faid (laves, and each 
 of them, of, in, to, and out of the future ilTueand 
 increafe of the faid Slaves, and each of them. 
 
 And I the faid G C-^ for myfelf, my 
 
 executors, and adminillrators, the faid Slaves, 
 and each of them, together with their and each 
 of their future ilTue and increafe unto the faid 
 
 W — W , his executors, adminiftra* 
 
 tors, and afTigns, againft me the faid G 
 
 C-, »> jxjy executors, adminiftrators, and af- 
 
 figns, and againft the reprefentatives of the faid 
 
 T C , deceafed, and all and every other 
 
 perfon and perfons whatfoever, fhall and will war- 
 rant, and for ever defend by thefe prefents, ot 
 
 which Slaves 1 the faid G C have put the 
 
 faid W W in full poflefTion, by deliver- 
 ing them unto him at the fealing and delivery 
 
 hereof* In witnefs whereof, I the faid G 
 
 C — — have hereunto put my hand and feal this 25th 
 diiy^ of September, in the year of our Lord 1766. 
 
 G C (L. S) 
 
 Sealed and delivered, and 
 livery and feifin of the 
 faid Slaves, above bar- 
 gained and fold, deli- 
 vered 
 
in North America, &Cr 
 
 439 
 
 vercd by the faid G 
 
 C , delivering the . . 3 
 
 faid Slaves unco the faid \ 
 
 w — w — , in the ' ; ; 
 
 prefencc of us, the day 
 • and year above written. 
 
 R T . 
 
 R^ S- 
 
 St. Christopher-s. 
 
 Received on the day of the date of the above 
 written Deed Poll, the fum of 120/. being the 
 full confideration money within mentioned, to be 
 paid to me, 
 
 G C . 
 
 Witnefs, 
 
 K T . 
 
 R S . 
 
 MANiJMissioif of two Ntt}Koz6,,'u^l&^ an Avri'- 
 DAVIT proving the Execution thereof* 
 
 St. Christopher's. 
 TO aU people to whom thefc pr^fents fliall 
 
 come, I W W~ — of the Ifland of Saint 
 
 Chriltopher, Merchant, do fend greeting : — 
 
 Whereas G C , late of the faid Ifland of 
 
 St. Chriftoplier, Widow and Executrix of the 1 aft 
 
 Will and Tellament of T C , late of 
 
 the faid Ifland, Efqj deceafed, by deed*poll, or 
 bargain and fale, bearing date the 25 th day 
 of September, which was in the year of our 
 Lord 1766, in confideration of 120/. current 
 money of the faid Ifland, did bargain, fell, 
 releafe, grant, ?nd confirm unto me the faid 
 
 W W , tbe two Negro Slaves following J 
 
 Ff4 that 
 
 
 VXh. 
 li ill' 1 
 
 .,: . , 111 
 
 V f 
 
 ■; I- 
 
 4 
 
 i=i!:M1'i;'! i" 
 
 
 .i-'iJL'i*', ' U 
 
 m 
 
 
 ilfeH 
 
 1 
 
44^ Conftitution of the British Colonies 
 
 that is to fay, a Negro Woman Slave, named 
 Sufannah, and a Negro Girl Slave, named Pe- 
 nelope, daughter of the faid Sufannah j to hold 
 the faid Slaves, and each of them, together with 
 the iffue and increafe of the laid Slaves, and each 
 of them thereafter to be born, to the only proper 
 
 ufe, benefit, and behoof of me the faid W . 
 
 "W , my executors, adminiftrators, and af- 
 
 figns for ever, as by the laid deed-poll, or bar- 
 gain and fale, relation being thereunto had, ^.\\\ 
 appear. And whereas the faid 120/. the confi- 
 deration money in the faid deed-poll mentioned, 
 were the proptr monies of the faid Sufmnah; 
 
 and I the faid W W , the bargainee 
 
 named in the faid recited deed-poll, or bargain 
 and fale, adlcd merely as a trullee for the faid Su- 
 fannah, in order that the faid Sufannah, and her 
 faid daughter Penelope, might be duly manu- 
 mitted and made free: NOW THEREFORE 
 
 KNOW YE, That 1 the faid W W , in 
 
 purfuance of the faid truft in me repofcd, and in 
 difchargc thereof, have manumitted, enfranchiftd, 
 made free, and from every tie of fervitude abfolv- 
 cd 5 and by thefe prefents do for myfelf, my heirs, 
 executors, and adminiilrators, and each and every 
 of them, manumit, enfranchife, make {rtc, and 
 from every tie of fervitude ablolve the faid Ne- 
 gro Woman Slave named Sufannah, and the 
 faid Negro Girl Slave named Penelope, refpec- 
 tively J and alfo the iffue and increafe of the faid 
 Sufannah, and of the faid Penelope, and of each 
 of them now born or hereafter to be born, fo that 
 
 neither I the faid W — -^ W , nor my heirs, 
 
 executors, or adminiftrators, or any or either of 
 them, Hull from thenceforth have, claim, chal- 
 Jenjgc, Or demand any right or tiilcj by reafon of 
 
 any 
 
/» North AmericA) &c. 
 
 441 
 
 Any llavery or vllcnagc in the faid Sufannah and 
 the liaid Pcncrlopc, or either of them, or in their 
 or either of their iffue, now born or hereafter to 
 be born ; but that the faid Sufannah and the faid 
 Penelope, and each of them, their, and each of 
 their iflue, now born or hereafter to be born» 
 ihail from henceforth for ever hereafter be as 
 free to all intents, con(lru6lions, and purpofes what* 
 foevcr, as any other fubjed of his MajcftyRing 
 George the Tnird. In witncfs whereof, I the faid 
 
 W W have hereunto {ci my hand aod 
 
 feal this 2d day of November, in the year of our 
 Lord 1767. 
 
 W W , (L.S.) 
 
 pealed and delivered 
 in the prefence of 
 
 J M . 
 
 B B 
 
 f>T. Christopher's. Before the Honourable 
 
 Craifter Greatheed, Efq; 
 Chief Jufticeof his Ma* 
 ji fty's Court of King's 
 Bench and Common 
 pleas held for the faid 
 Ifland of Saint Chrifto- 
 phcr. 
 
 PERSONALLY appeared J. M. of the parifti 
 of Saint Gforge, Bafleterre, in the faid Ifland of 
 Saint Chriftopher, Gentleman, who being duly 
 fworn on the Holy Evangelifts of Almighty God, 
 maketh oath and faith, That he this Deponent 
 was prefenr, and did fee W. W. of the faid Ifland 
 ot Saint Chnftopher, Merchant, the donor in the 
 paper writing or deed-poll before-written (pur- 
 porting to be a deed-poll executed by the faid 
 W. V/. for the purpofe of manumitting a Negro 
 
 Woman 
 
 1 .1 
 
 i ■If i, i 
 
 i ', 
 
• 
 
 
 !.? 
 
 ill: 
 
 
 
 '} 
 
 442 CofiftUuSJoft^of ibg Bkitism Colonies 
 
 Woman Slave, named Sufannah, and a Negro 
 Girl Slave, named Penelope) fign, fcal, and as 
 his'aft and'deed deliver the" faJd paper- writing or 
 dbed-poll : and this Deponent further faith. Thai 
 the name W. W. appearing to be let or fub^ 
 (bribed to'thefaid paper-writing or deed-poll, is 
 of the pFoper hand"- writing of the faid W. W, 
 and this Deponent (together with B. B.) did fub- 
 fcribe* his name as a witneft to the due execution 
 of th* fa'id paper-writingor deed-poll : and laftly, 
 this Deponent faith, That the names J. M. and 
 B. B. appearing to be fubfcribed as witneflTcs to 
 the due execution of the faid paper-writing or 
 deed-poll) areofthe refpedive proper hand- writ- 
 ing of the faid B. B. and of him this Deponent. 
 
 J.M. 
 Sworn this day of No- 
 vember 1767, before me, 
 
 C. G. 
 
 il >■■■: 
 
 1^ J 
 
 'I 
 
 if 'i 
 
 I 
 
 
 
 In every Colony, the execution of a Manumif- 
 fion ought to be proved before one of the Judges, 
 and then regiftertd in the office. In fome Colo- 
 nies, the proper place for regiftering deeds is 
 the Secretary's Office j in other Colonies, there 
 is a Regilter's Office, eftabliffied by Ad of Af- 
 fembly for that purpofe. When the Manumiffion 
 is regiftered, the officer will deliver it back, and 
 the perfon manumitted ought to take great care 
 of it, far in the Colonies every Negro prima facie, 
 is fuppofed to bea Skve, and' the proof of free- 
 dom lies on the Negro. I am afraid there have 
 been too many bafe wliite men, who, after dc- 
 ftroying the Manumiffion, have endeavoured to 
 enflUve thofe unhapfry people. If the Manumil- 
 fion is regiftered, they are not remedilefs. I 
 menlion thefe cautions^ for the fake of thofe Ne- 
 groes 
 
m 
 
 ^ North America, &c. 
 
 4fJ 
 
 groes who are happy enough to get chcir free- 
 dom. 
 
 CHAP. XVII. 
 
 Of the Manner of docking Ejiates Tatl, Rever/ions, 
 and Remainders; and of barring Lower in the 
 Colonies i w;fi/ DireSfions for authenticating and 
 regtfiering Leeds there^ and /Ibjiratls from jcviral. 
 ASs of /^iffemhly relating thereto* 
 
 Ir^HE mode of conveying real and perfonal 
 property in the Britifli Weft India Iflands^ 
 is fimilar to that ufed in England, except that 
 in the Colonies they do not ufe fines and reco- 
 veries J but inftcad thereof, an Eftate Tail, Re- 
 verfion, or Remainder, is docked, and deftroyed 
 by an acknowledgment made before a Judge;, 
 and Pow^r is barred by the private examinatioa 
 of a feme covert, by a Judge who certifies the 
 fame on the back of the conveyance. This cheap 
 and concife method of effecting thofe purpofes,. 
 is preferable to the tedious and expcnfive procefs 
 of fines and recoveries in England. See the 2d 
 Black, Corr:. j6i. 
 
 By an Aft of Aflembly of the Ifland of Barbara 
 does, which was pafled in the year 1649, and re-» 
 vivci in 1661, foon after the Reftoranon of King 
 Charles che Second, by a law, intitled, * An Act 
 ** concerning the conveyance of Eftates j" which, 
 (after reciting that the King's writs did not run 
 there, whereby fines and recoveries could not be 
 there had and levied, as in England, &c.) 
 enadts, ** That a Dec^ made in due form of Jaw, 
 " and acknowledgea within three months after 
 " the da.te of it, before the refident Governor for 
 
 " the 
 
 
 Iji^i'ii'-i!^ 
 
 ii' 
 
 
•I'll 
 
 'I 
 
 iM 
 
 444 ConJliiuHon of the British Colonies 
 
 *• the time being, or a chief Judge of one of the 
 ** Courts within the Ifland^ by all the parties tha^ 
 ** pafs, or grant away, or leafe (for above three 
 " years) any freehold or inheritance by fuch 
 " Deed ; or by fo many of the parties as fhall be 
 ** theti living; or by any perfon lawfully autho- 
 •^ rifcd by them, under hand and feal to convey 
 ** or grant the fame, fhall be valid to pafs the 
 " fame, without livery, attornment, or any other 
 ** aft or ceremony whatlbever, provided fuch 
 ** deed be recorded at length in the Secretary's 
 " OfRce of Barbadoes, within three months after 
 ** the date thereof; and no deed, without fuch 
 •* acknowledgment and enrollment, Ihall pafs any 
 •* cftate of freehold or inheritance, or any leafe 
 *' for more than three years. 
 
 «* And if any married woman be minded to 
 *' alien her jointure, dower, or other eftate of 
 " freehold or inheritance in Barbadoes, whether 
 *' it be joint or in fevcralty, flie mud convey the 
 •* fame by writing, under her hand and feal, and 
 ** acknowledge it before the Governor, or the 
 •* chief Judge of fome Court within the Ifland, 
 ** who is to acquaint her what Ihe is to convey by 
 •* that writing, and for what eftate; and he fhall 
 ** demand of her, in private, whether (lie is will- 
 ** ing to do the fame, and doth it freely and vo- 
 " hintarily, and not for fear, or by reafon of any 
 ** threats or menaces. And if Ihe then confcfs, 
 •* that llie doth it freely, and uncompelled by 
 •* fear or otherwife, then her acknowledgment of 
 *' the faid writing fhall be received, and the day 
 " of fuch cknowledgmens with the Governoror 
 •* chief Judge's name, before whom fuch ac- 
 •* knowledgment was taken, (hall be endorfed 
 *' and fubfcribed i and, from thenceforth, fuch 
 *^' writing fhall become valid and firm againft her, 
 
 X «' and 
 
►es, whether 
 
 in North America, &c. 445 
 
 << and all that (hall claim the landsi tenerhents^ 
 " or hereditaments therein mentioned to be 
 '* granted for, or under her, or in right of her. 
 
 " And a fine levied in England by a married 
 " woman of her jointure, or title of dower, or 
 " other freehold or inheritance in Barbadoes, be- 
 «< ing carried over, and entered on record there, 
 " (hall be as valid as if the fame were of lands in 
 " England. Immediately after the death of the 
 " hufband, the wife (that hath not a jointure 
 " made before coverture in Barbadoes, or clfc- 
 " where) (hall be endowed of one third part of 
 " all the lands, tenements, and hereditaments* 
 " whereof the hu(band died fcifed in Barbadoes, 
 " according to the laws of England ; and in like 
 " manner as (he would have been, if her hufband 
 " had died feifed of any lands within the king- 
 " dom of England. But (he (hall be endowed 
 " only of fuch lands, tenements, or heredita- 
 " ments in Barbadoes, whereof her hu(band died 
 " adbually, and folely feifed in fee (imple, 01* fee-* 
 " tail general. And by another Aft of AlTcmbly 
 " of Barbadoes, made in the year 1670, intitled, 
 " An additional A6i to the Ad concerning the 
 " Conveyance of Eftates," a man and h'n wife 
 ** of full age, or woman fole, if rc(iding in Eng- 
 " land, Scotland, or Ireland, or any other his 
 " Majefty's dominions, may, by deed of fale or 
 *< other in(l-ument, acknowledged before a Judge 
 «' of any Court of Law, Mayor of a City or Cor- 
 « poration, or Chief Governor of an Ifland or 
 " place where they inhabit, convey away their 
 " land in Barbadoes ; in which acknowledgment 
 ** the woman muft declare her voluntary and free 
 " confenr, without threats or force of her huf- 
 " band ; but the deed muft be fent over to Bar- 
 " badoes, truly certified under the feal of the 
 
 Judge 
 
 
 f 
 
 »P;. 
 
 !..rt J!^ 
 
 ■■^mi 
 
 <c 
 
'w ; 
 
 •n 
 
 ,1 
 
 Vv 
 
 ;,j ' 
 
 141; 
 
 if '1 
 
 
 446 ConJlitMiion of the Briti&h Colonies 
 
 " Judge, Mayor, Corporation, or Governor, and 
 "recorded at length in the Secretary's Office 
 ** within twelvemonths jrcxt after the acknow- 
 *' Icdgment, and then (hall be as efFcfliiall to con- 
 ♦* vey the land therein contained, as if executed 
 " in Barbadoes." 
 
 The above recited A6ls are inferted at length 
 in the colledion of the Aifls of AlTembly of Bar- 
 badoes, .printed in the year 1721, and I appre- 
 hend are now in force, 
 
 -iBy an A£t of AlTembly of Jamaica, made in the 
 year i€8ii, intitkd, " An Ad for regiftering of 
 Dt^h and Patents," it is enaded. That a deed made 
 in due form of law, and acknowledged within three 
 months after the d^te, by the party or parties that 
 grant the fame, or proved by the oath of one fuffi- 
 cient witntefSjOr more, before the Governor, or fomc 
 one of the Judges of the Courts of Jamaica, and re- 
 corded at length in the Office of Enrollments at 
 Saint Jago de la Vega, within three months after 
 the date, ihall be valid, without livery, feifin, at-^ 
 fornment, or any other ad or ceremony in the 
 law whatfoever ; and no deed, without fuch ac- 
 knowledgincnt, or proof and enrollment, fhall be 
 fufficicnt to pafs away any freehold or inheritance, 
 or to grant any Icafe for more than three years. 
 And a conveyance made out of Jamaica, if re- 
 mitted thither, and proved before the Governor 
 or any Judge of the Common Pleas there, as 
 aforefaid i or if perfonally acknowledged by the 
 granww, before the Court of the Lord Mayor and 
 Aldermen of the City of London, and attefted 
 under the City Seal, and recorded in the faid of- 
 fice of Enrollments at St. Jago de la Vega, within 
 fix months after the arrival of the fliip that 
 brought the fame, fhall, to all intents and pur* 
 pofes whatibever, be a^ valid, as if it had been 
 
 made 
 
in NORTTH Am<£Rioa, &c. 
 
 447 
 
 made in the Iftand, and acknowledged, proved, 
 and recorded, according tothc form and tinne be« 
 fore appointed. d 
 
 By .another Afft of Aflfcmbly of Jamaica, miadcf 
 in the year 1681, intitled, ** An A6t for preven- 
 tion of law fuits,'* it is enacted, *« That all bills 
 " of lale and conveyances whAtfocver, therotOf 
 <* fore made, or thereafter to be made by huf- 
 " band and wife, and acknowledged before thtf 
 " Judge of any Court of Record within Jamaica,' 
 «* and duly recorded, (hall ibc good and valid lini 
 ♦« law, againft all perfons whatfocver, that cart 
 " or may pretend to claim any eitate in thc^landi 
 ^ or tenements fo conveyed, to all intents and 
 " purpofes whatfoever, as if the fame had piafled 
 "by fine and recovery in his Majeftyi's Courts df 
 " Weftminfter." 
 
 By a thirxd Ad of Jamaica, nrvade :in th^ ycaf 
 " 17 Ji, intitled, " An A6t for the further qu4«r- 
 " ing pcfiefTions, and preventing ^vexatiousfrnts,' 
 " at law,** it is enaded, " That all bills of faile, 
 " d€eds, and other conveyances whatfoever, at 
 " any time theretofore made, and duly^xeouttd, 
 ** acknowledged, proved, and recorded, punbant 
 " to the true intent and incaninr- of an Adt df 
 *' Jamaica, intitled, ** An A(ft for prevention of 
 " law fuits," although no valuable confideratioit 
 " be refpeftively inlerted j and all deeds andother 
 *' conveyances whatfoever, thereafter to be made 
 " for valuable confideration, of arry lands, tene- 
 " ments, negroes, and hereditaments within Ja- 
 " maica (excepting fuch as have been or (hall 
 " be maae by infants during their infancy, and 
 " perfons of nonfane memory, during the time 
 " they continue fo), fuch lands, tenements, ne- 
 ** groes, and hereditaments, are thereby cnaiSled 
 " and declared^ lo kav£ tajfed^ 4ind to be conveyed by 
 
 "the 
 
 Ml 
 
 :>'; I-: 
 
 >■, * :■! 
 
 
 
 
4 
 
 I 
 
 M'.i i , 
 
 ki ■ I 
 
 St 
 
 448 ConfiUuticn tf the BRirrsfl CoLONitS 
 
 *< the fame as fuUy^ to all intents and piirpofcsi 
 ** of any real cAate in the kingdom of Great firi* 
 •* tain mighf or could pafs^ by fine and recovery, in 
 « his Majefty's Court of Common Pleas in Wcft- 
 ^ minfter Hall." 
 
 By a fourth Adt of Affembly of the Ifland of 
 Jamaica, paflcd in the year 1731, " The lecord 
 ** of any deeds duly executed (and proved or ac- 
 *' knowledged) and enrolled in the ofHce of en* 
 •* roUments ; and the record or enrollment of any 
 '< lad wills and teftamcnts duly executed accord- 
 •• ing to law, and proved before the Governor, 
 ■* or Commander in Chief, by one or more of the 
 •* fubfcribing witneflcs thereto, Ihall be fufficient 
 " evidence of the titles to any lands, tenements, 
 •* negroes, hereditaments, or eft ate whatfoevcr, 
 •* real or perfonal, claimed under fuch deeds, 
 ** conveyances, or w ills 1 and ihall be read and 
 «* allowed in all courts of law and equity in Ja- 
 *' maica, as if the originals were produced, 
 •* proved, and read. 
 
 ** And the exemplification of all wills made in 
 ** Great Britain or Ireland, or any other of his 
 *< Majelty's Colonies or Dominions, and fent to 
 •* Jamaica, atreftcd as fuch (after probate thereof 
 '< made according to law, in the faid feveral do*^ 
 ** minions and Colonies refpeftively) under the 
 " feal of the Prerogative Court of Canterbury, or 
 •* under the feal of the Archbiftiop or Lord 
 «* Mayor of Dublin, or any other Archbilhops in 
 «* their refpedtivc diocefes in England or Ireland, 
 «« or the Mayor, Provofts, or Bailiffs of any Cor- 
 « poration, or Body Politic, or under the feal of 
 " any of the faid Dominions or Colonies refpec- 
 «« tively, and afterwards recorded or enrolled in 
 « Jamaica, fliall be good and fufficient evidence 
 ** in all courts of law and equity there* 
 
 " But 
 
in North America, &c. 
 
 449 
 
 *« But all deeds executed in Jamaica, of any 
 " lands, tenements, negroes, or hereditaments 
 <' whatfoevcr, muft be duly proved or acknow- 
 " Icdgcd, and recorded within ninety days after 
 " the date thereof, and if executed out of Ja- 
 " maica, they muft be duly proved or acknow- 
 " Icdgctl, and recorded or enrolled in the office 
 " of enrollments in Jamaica, within fix calendar 
 " months after the date, and within ninety days 
 " after the arrival of the Ihip that carries them 
 " to Jamaica, otherwife they are void againft 
 " other purchafers or mortgagees bona fide, for 
 " valuable confideration ; but good againft the 
 •* vendor or mortgagor, and his heirs, in cafe 
 " they are proved and recorded, or enrolled bc- 
 " fore a fecond conveyance." 
 
 The above in part recited A£ts, are infcrted at 
 full length in the collcflion of the Ads of Af- 
 fcmbly of Jamaica, printed in the year 1738, 
 and I apprehend are now in force. I fpeak with 
 diffidence of Jam.aica and Barbadoes, as I have 
 not the laft editions of their laws, and I never 
 was in cither of thofe Iflands. 
 
 But when the Leeward Charibbee IQands 
 (where I refided feveral years) had but one Coun- 
 cil and Aflembly, an A61 was paffed at Nevis, in 
 the year 1705 (which was the 4th of Queen 
 Anne) by the Commander in Chief of the Lee- 
 ward Charibbee Ifiands in America, and the Ge- 
 neral Council and General Affembly of thofe 
 IQands, which ena(!its, " That a deed or deeds, in 
 " due form of law, made and executed by the 
 " huft)and and wife, of the plantations, lands, 
 "and tenements, negroes, and other heredira- 
 " ments of the wife, or of any plantations, lands, 
 " and tenements, Negroes, and other heredita- 
 " ments, whereof the hufband was folely and in 
 " liis own right feifcd, a^ any time during the 
 
 G g " coverture j 
 
 '"'V 
 
 
 i 
 
 ':ii;: 
 
 lil 
 
 i 
 
 !■ I 
 ' ■ i 
 1 I i 
 
 u^:: 1*^ 
 
 I ! 
 
 I ;■. ; 
 
 ' r 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 
 4^ 
 
 ^ 
 
 1.0 
 
 1.25 
 
 >tt Uk 122 
 
 2? lift "^ 
 
 Wtou 
 
 IMIIJ4 
 
 V] 
 
 (?% 
 
 /J 
 
 / 
 
 
 -^ 
 
 <^ 
 
 '/ 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WIST MAIN STRUT 
 
 WIBSTIR,N.Y. USM 
 
 (716) •72-4503 
 
 4#» 
 
 V 
 
 
 

 
 i? I 
 
 ^ 
 
■ it J i 
 
 
 45Q Conftitution of the British Colon i is 
 
 *« coverture.; or whereof the hufband orjhufbands, 
 ** and wife were feifcd, in right of the wife, or 
 *• the hufband jointly with the wife, or by tenant 
 *' in tail general or fpecial, and by the party or 
 ** parties, and each of them, from whom the in- 
 *« tercft paffes, acknowledged before fome of her 
 *' Majefty's Juftices of the Court of Common 
 '< Pleas in the kingdom of England or Ireland, 
 f* or of any of her Majefty's Liceward Charibbee 
 '< IQands, wherein fuch plantation, lands, tene- 
 *' mcnts, negroes, and other hereditaments do 
 *' lie, ihall to all intents and purpofcs be as ef- 
 ** fedtual and valid in the law, to pafs all the 
 *' eftate, right, title, intereft, and claim of the 
 ** party or parties, and of each of them, to fuch 
 ^< deed or deeds, in or to all, or any the planta- 
 ** tion or plantations, lands, tenements, negroes, 
 ** or other hereditaments, by fuch deed or deeds 
 *« granted, conveyed, or made over, or thereby 
 " intended to be granted, conveyed, or made 
 " over, to the perfon or perfons, bargainee 
 *« or bargainees, grantee or grantees, in the 
 *« faid deed or deeds mentioned, their heirs 
 «* and afTigns for ever j to whom, or to whole ufe, 
 <' any eflate in fuch plantation or plantations, 
 ** lands, tenements, negroes, or other heredita- 
 ** ments, is by the faid deed or deeds limited, 
 ** bargained, fold, granted, or conveyed, ac- 
 <' cording to the feveral limitations in the faid 
 •'deed or deeds contained, as, if the party or 
 ** parties to the faid deed or deeds fi'om whom 
 *« the intereft moves, had levied a fine or fines 
 " with proclamations, or fuffcred a common rc- 
 <' covery or recoveries of fuch plantation or plant- 
 " afions, lands, tenements, negroes, and other 
 ** hereditaments, in any of her Majefty's Courts 
 <* of Record at Weftminfter, and duly executed 
 J« Uc cds, leading the nfo of fuch fine or fines, of 
 V - V . 5 ». "declaring 
 
/tf North America, &c; . 451 
 
 " declaring the ufcs of fiich recovery or recovc- 
 " rics, to be to fuch bargainee or bargainees, 
 " grantee or grantees, their hrirs and afllgns for 
 " ever, to whom, or to whofe ufe, fuch pUnta- 
 " tion or plantations, lands, tenements, negroes, 
 " and other hereditaments, are by the deed or 
 " deeds fo to be executed and acknowledged, 
 ** as is abovementioned, limited, and conveyed ; 
 " or that the fame, and every part thereof, had 
 *' been bargained, fold, conveyed, or fet over, 
 " by any the firmeft deed or deeds, conveyance 
 " or conveyances, aflurance or aflurances in the 
 " law, that could be advifed or devifcd by Coun- 
 " fel learned in the law. 
 
 *' Seft. 4. Provided that the wife, who is pari>y 
 " to any fuch deed or deeds, be of full age at the 
 " time of the execution thereof, and be privately 
 " and apart examined by the Judge before 
 "^whom fuch deed or deeds is acknowledged, 
 " whether ihe do execute the fame freely, vo- 
 " luntarily, and without fear, threats, or conv- 
 " pulfion, of or by her hufband ufed ; which exa- 
 " mination of the wife ftiall be indorfed, together 
 " with the acknowledgment of the party or par- 
 " tics, from whom the intercft by the faid dee^ 
 '< or deeds pafs ; and fuch acknowledgments (hall 
 " be fubfcribed by the Judge, before \vhom the 
 " acknowledgments of fuch deed or deeds is 
 " taken, and by and before whoni fuch wife is 
 " privately examined. 
 
 " Se6t. 5. And that all, and every deed or . 
 " deeds fo executed and acknowledged as aforc/- 
 ** faid, (hall be enrolled at length in the Sccre.- , 
 "tary's or Regifter's Office of that Ifland, 
 " wherein the eltate fo granted or conveyed lies 
 " (if the faid deed or deeds be executed and ac- 
 
 G g 2 *' knowledged 
 
 li :ili: * 
 
 < ■ i;. ■ S' 
 
 Hii'-y [ 
 
 I.,- 
 
452 Conftitution of /i&^ British Colonies 
 
 fi 
 
 v^^H'!^HJ 
 
 1 
 
 p 
 
 
 P 
 
 I^HiWpE 
 
 1 
 
 
 1 
 
 «>iilHHIHI 
 
 
 pmH^U 
 
 
 ilHH 
 
 
 p 
 
 
 
 1. 
 
 MmSssBM 
 
 
 *' knowlcdged in any of thcfe her Majefty's Lee- 
 " ward Charibbee Iflands), within fix calendar 
 *' months after the acknowledgment of fuch deed 
 ' ** or deeds ; and in cafe the JTaid deed or deeds 
 ** (hall be executed and acknowledged within 
 *' either of her Majefty's kingdoms of England or 
 ** Ireland, that the fame fliall be enrolled at 
 '* length in the High Court of Chancery of that 
 " kingdom, wherein the fame was executed and 
 " acknowledged, within fix calendar months after 
 <* the acknowledgment thereof; and that the ac- 
 " knowledgment of fuch deed or deeds fo fub- 
 " fcribed by the Judge before whom the fame 
 " was taken (as before is dircfted), (hall be a fuf- 
 *' ficient proof of the due execution of the faid 
 '* deed or deeds j and the record, or an exempli- 
 " fication or attefted copy of fuch deed or deeds, 
 '* fhall be admitted and allowed to be given in 
 '' evidence, lipon any trial at law, or hearing in 
 ** equity, where the original deed or deeds is or 
 '« are miflaid, and cannot be produced.** 
 
 This Adof Aflcmbly is now in force in Anti- 
 gua, Montferrat, Nevis, and St. Chriftopher's, 
 and is the law by which they regulate their pro- 
 ceedings in fuch cafes. 
 
 By an A£l of Affembly of Antigua, pafled the 
 13th of April 1668, a Regifter's Office is cfta- 
 blilhed, and all patents^ deeds of fale, leafes of | 
 land, and mortgages, muft be recorded therein 
 at large. By another Ad of Alfembly of An- 
 tigua, paffcd the 9th of January 1676, " forcon- 
 " firming the inhabitants titles to their lands," 
 all deeds and conveyances of and relating to lands 
 in Antigua, if made by fuch as are refident in the 
 Iflahd, muft be enrolled and recorded in the Rc- 
 ,gifter*s OfRce, within twenty days after the exc- 
 • I ., cution 
 
.OLONIES 
 
 in North America, Sec, 453 
 
 cution of them j and if made in Europe, muft 
 be inrolied, &c, within one year after execution, 
 or elfe fliall be utterly void. 
 
 By another J\£t of AflVmbly of Antigua, pafled 
 the 3d of November 16^8, " For the better re- 
 " gulation and fctilemeni of the Regiftcr's Of- 
 " fice,** no conveyance of lands is good, unlefs 
 acknowledged by the vendor, donor, leflTor, or 
 other perfon conveying or transferring the fame 
 (or by fome perfon lawfully impowered to ac- 
 knowledge the fame before the Re^^iller or his 
 Deputy) which acknowledgiTjent muft be in- 
 dorfed on the back of the conveyance, with the 
 day of the month and year of our Lord, in words 
 at large, and afterwards figned by the Regifter 
 or his Deputy, who is to enter the fame at large 
 in a book kept for that purpofe, before he parts 
 with it out of his office ; and the time of the ac- 
 knowledgment is deemed to be the time of the 
 entry or regiftry thereof. 
 
 No will, whereby any eftate in lands isdevifcd, 
 Ihall be evidence in law or equitv, unlefs proved 
 before . the Governor in Chief, Lieurenant, or 
 Deputy Governor, Prefident of the Council, or 
 other perfon, having the power to take probate 
 of wills, and entered at lirge in the Regiflcr's 
 Office; and copies of all deeds, wills, &Cw en- 
 tered in the Regiftcr's OiTice, and attettt-d by 
 him, are as good evidence in any C(»urr, as if the 
 originals were there exhibited ; and the recording 
 a deed in the Regifter's OfHce, is equal to li- 
 very and feifin. And by another A-ft of AlTembly 
 of Antigua, pafled the 28th day of July 1764, 
 intided, ** An A61 for the fupplying the feveral 
 " defefbs in the laws of that Ifland, concerning 
 *' conveyances and aflurances of lands, tene-!- 
 ^* ments, (laves, and other freeholds and inherit* 
 
 Gg 3 
 
 *^ ancc5 
 
 1 1 r 
 
 ' w 'i\ 
 
 ■'■'UV' 
 
 r[.m 
 
454 Confitttttlon of fbe British Colonies 
 
 « ances, lying and being in Antigua, and the 
 *' Iflands thereto adjacent and belonging ; and 
 /* for oiaking the probate of the execution of 
 *« deeds in parts beyond feas, relating to fuch 
 ** lands, tenements, (laves, and other freeholds 
 '< and inheritances effectual, without an acknow- 
 •' ledgment thereof before the Regifter of that 
 *' lOand or his Deputy :" It is enaded, that all 
 deeds, conveyances, and affurances, which (hall 
 be executed in any parts beyond the feas, of and 
 concerning lands, tenements, flaves, rents, and 
 other freeholds and inheritances, lying and being 
 in Antigua, or the IHands adjacent and thereto 
 belonging, (hall be good and effedlua) to pafs 
 efliates and interefls, rights and titles, of and in 
 fuch lands, tenements, flaves, rents, and other 
 freeholds and inheritances in Antigua, or the 
 IQands thereto adjacent and belonging, ac* 
 cording to the purport, words, and lawful inten- 
 tion of the fame deeds, without livery or feifin, 
 or attornment. It being thereby declared, that 
 livery of fcifin or attornment, were never required 
 in any fuch deeds, by the conftant ufage, laws, 
 and pra(flice of Antigua j aftd that all and ever/ 
 fuch deeds, conveyances, and aflurances, having 
 fufiicient words to pafs the fee fimplc of fuch 
 lands, tenements, flaves, rents, and other free- 
 holds and inheritances, and duly recorded as the 
 laws of Antigua diredt and require, (hall be to all 
 intents and pnrpofes as ^edual to bar, difcon" 
 ,tinue, dock, extinguifb, cut off, and deftroy all 
 edates tail, rights to eflates tail, remainders, 
 veiled and contingent, and all reveriions, rights, 
 charges, powers, and authoHties, doWers and 
 thirds eilates, and rights of feme? covert, of and 
 in, touching and concerning all and every fuch 
 Jands, tenements^ flaves, rents, and pth^r free- 
 holds 
 
onging, ac« 
 
 in North America^ &c. 
 
 4SS 
 
 hokls and inheritances as a fine with Proc]ama<^ 
 tions, according to the laws of that part of GVeat 
 Britain called England, duly levied in the Coure 
 of Common Pleas at Weftminftcr, or a common 
 recovery fuffcred with due execution, returned 
 and made in the fame Court of Common Pleas at 
 Weftminfter,or both, fuch fine and recovery, with 
 deeds properly executed, to lead and declare the 
 ufes of both, or either, fuch fine and recovery 
 are or is by law in that part of Great Britain 
 called England, of, for, touching and concern- 
 ing lands, tenements, rents, and other freeholds 
 and inheritances lying and being in that part of 
 Great Britain called England, and all rights, 
 charges, powers, authorities, touching and con- 
 cerning the fame, fo always that all parties fo 
 granting, conveying, or palling, ftiall be of full 
 age of one and twenty years : PROVIDED A'L^ 
 WAYS, That all deeds, conveyances, and affur- 
 ances, bargains and agreements, of and coh- 
 cerning lands, tenements, flaves, rents, and other 
 freeholds and inheritances, lying and being in 
 Antigua, or the Iflands adjacent and thereto 
 belonging, executed in any part of his Majefty'a 
 dominions in Europe or elfewhere (except An- 
 tig"^)> or any other place of the world not be- 
 longing to or under the Crown of Great Britain, 
 Ihall be inrolled, regiftered, and recorded in the 
 Regifter's Office of Antigua, within two years 
 after the execution thereof: and provided alfo. 
 That wherever any eftates tail, rights to eflates 
 tail, remainders veiled or contingent, reverfions, 
 rights, charges, powers and authorities, dowers 
 and thirds^eftates, and rights of femes covert, 
 are to be barred, difcontinued, docked, extin- 
 guifhed, cut off, or deftroyed, that the deed or 
 deeds fo paffing or conveying, if executed in that 
 
 G g 4 part 
 
 i* i. 
 
 
 If, • 1 
 
 : 1 
 
 '■•I 
 ■ J 
 
 I .»;■ 
 
 ■ ■'14 
 
 
 ill, '■'■ 
 
 !i 
 
 III- 
 
 I 
 
 w, 
 
 ' t \ 
 
 ' ■ \i 
 
 ill kill 
 
 mix. 
 
45^ Ccnftitution $/ the Br itish Colonies 
 
 part of Great Britain called England, or in Ire* 
 land» (hall in all refpe^s be executed and acknow« 
 ledged by the party and parties granting and con- 
 ycying, and married women be thereon privately 
 examined, and be certified, inrolled, and re* 
 giftered, as direAed and required in and by a cer- 
 tain general Ad of the Leeward Charibbec Iflands 
 in America, made at Nevis, intituled. An A6t 
 for the fupplying the want of fines and recoveries 
 \n thefe lOands, and for making any deed or 
 deeds duly executed and acknowledged before any 
 pf her Majefty's Juftices of the Court of Common 
 Pleas in the kingdom of England or Ireland, or 
 of any of thefe Iflands, equivalent to a fine and 
 recovery, or fines and recoveries, duly and regu- 
 larly levied and fufrcred in any of her Majedy's 
 Courts of Record at VVefbminfter, dated in Ntvis 
 the 2 1 ft day oi^ June, Anno Domini 1705, and in 
 the fourth year of her late Majcfty's reign : and if 
 executed in Antigua, to be alfo acknowledged 
 by the party and parties granting and conveying, 
 and married women thereon privately examined, 
 and be certified and regiftered .as the particular 
 laws and afts of Antigua do require; and if exe- 
 cuted in that part of Great Britain called Scot- 
 land, then to be acknowledged by fuch parties 
 granting and conveying, and married women to 
 be privately exannined before one of the Lords of 
 geffion, or any Sheriffs of any County or Stewarty, 
 and fuch acknowledgment and examination, with 
 the name of the place, and day and year of our 
 Lord, or the King's reign, Ihall be certified upon 
 the fame deed and deeds, under the hand and feal of 
 fuch Lord of Seffion,or fuch Sheriff, and if executed 
 in Barbadoes, or in any of the Leeward Charib- 
 bee iflands in America, or in any other Colony, 
 territory^ or dominion, in Europe, Afia, Africa, 
 
sH North America, &c. 
 
 457 
 
 or America, belonging or to belong to the Crown 
 of Great Britain, then to be acknowledged by 
 fuch parties, and married women to be privately 
 thereon examined, before fome Judge of his Ma- 
 jefty's Court of Common Pleas, or of fome other 
 Court of Record, or where no fuch Court of Com- 
 mon Pleas, or other fuch Court of Record is eila- 
 bliilied, then before the perfon who (hall exercife 
 and execute the chief Command there, and fuch 
 acknowledgment and examination, with the name 
 of the place, and day and year of our Lord, or 
 the King's reign, (hall be certified upon the fame 
 deed and deeds, under the hand and feal of fuch 
 Judge or Commanding OfRcer, and if the fame 
 fhall be extcuied in any foreign kingdom, terri- 
 tory. Colony, or place in the world, not belong- 
 ing to, or under the dominion of the Crown of 
 Great Britain, then fuch acknowledgment and 
 examination, if taken in Europe, fhall be taken 
 before the Chief Officer of, and fhall be certified 
 under the public Seal of fome City or Town cor- 
 porate, or City or Town being in nature of a 
 Corporation, having a public Chief Officer, and 
 ufing a public Seal, in any part of Europe ; and 
 if fuch acknowledgment and examination fhall be 
 taken in any foreign Colony in Afia, Africa, or 
 America, the fame fhall be taken before the per- 
 fon there in chief command, and be certified 
 under his hand, and fuch Seal as fuch perfon 
 there in chief command fhall ufe as his public 
 Seal ; and touching and concerning the proof, and 
 further authenticating fuch deeds and convey- 
 ances, it is enaded. That no fuch deeds, convey- 
 ances, or afTurances, executed any where beyond 
 fea, out of Antigua, fhall be pleadable in law or 
 equity, or given or admitted to be proved or read 
 in evidence in law or equity, until the fame, with 
 
 the 
 
 i; ' 
 
 
 intiiii 
 
 
 
 fev' \ . 
 
 W,:.,'"1 I'.' 
 
 

 458 Conftitution of the BritUh Colonics 
 
 the ackndwledgmertr, examination, and certifi- 
 cate thereon, (hall be all recorded at length in 
 the Regifter's Office by law appointed, or to be 
 appointed, in Antigua, for regi fieri ng deeds re* 
 lating to lands in Antigua, and that where any 
 fuch deed (hall be produced, in any fuch manner 
 m aforefaid acknowledged and certified, the fame, 
 "without any further acknowledgment or proof, 
 fhall be received and recorded in the faid Re- 
 gifter's Office of Antigua j and after being fo re- 
 corded, (hall need no further proof, but be ad- 
 mitted as evidence in law aiid equity, and copies 
 attefted from the faid Office of all fuch deeds, 
 Ihall be as good evidence as allowed and praftifed 
 ^ith relation to copies of deeds there regiftered 
 in other cafes in law and equity in Antigua, and 
 Ihall have priority as in other cafes direded ; and 
 the very day and year of our Lord, in words at 
 length, when fuch deeds refpeftively firft jfhall be 
 brought to the faid Regifter*s Office to be record- 
 ed, (hall be truly and immediately indorfed on 
 fuch deeds, and attefted under the hand of the 
 kegiftpr, or his Deputy executing the faid Office, 
 and (hall be duly regiftered and entered in the faid 
 Office, with the refpedive deed, and fuch time 
 when fuch deeds (hall be firft brought to tht Re- 
 giftef's Office to be recorded, fhall be deemed, 
 efteemed, and taken to b6 the time of the entry 
 or regiltery thereof. 
 
 By an A61 of A(rembly of the Ifland of Saint 
 Chriftopher, made in the year 17I7 (with a claufc 
 fiifpending the execution thereof until Ms then 
 Majefty declared his Royal afTent thereto, and 
 ilvhich Ad was confirmed by the King in 1728), 
 intituled, " An A61: againft covinous and fraudu- 
 lent conveyances, and for a pUbHc Regiftfy in the 
 
 ifland 
 
in NoR«H AmbHica^ ^c. 
 
 459 
 
 laand of St. Chriftopher/' an Office is cftabliilied 
 CO be kept in the Town of BafTccerre in the faid 
 Idand of St. Chriftopher, for entering and re* 
 giftering all deeds and conveyances, gitcs, grants^ 
 and alfurances, wills, and devifes in writing, 
 whereby any meffuages, lands, tenements, here- 
 ditaments, negroes, or other flaves whatfoever in' 
 St. Chriftopher's may be any way aflPefted in law 
 or in equity ; by that A<^, all fuch conveyances, 
 if executed in St. Chriftopher's, are to be entered 
 and regidered in the Regifter's Office, within 
 three calendar months after the execution thereof, 
 and if executed beyond the feas, then within two 
 years after the execution thereof, otherwife they 
 are to be adjudged fraudulent and void againft 
 fubfequent purchafers, for a valuable confidera- 
 tion, who regidered their conveyances before 
 them. 
 
 And all wills are to be regidered within three 
 calendar months after the death of the devifor or 
 tedator, if he died in St. Chridopher*s,and within 
 two years if he died beyond the feas. And every 
 devife of lands, negroes, &c. regidered after thole 
 times refpectively, are to be fraudulent and Void 
 againd fubfequent purchafers, for valuable cond* 
 deration. 
 
 A fecond mortgage or fale, if executed in St. 
 Ghridopher's, is to be regidered in one calendar 
 month after execution, and if executed beyond 
 the feas, within one year after execution. 
 
 All gifts and grants of Negroes, and other 
 (laves, in condderation of blood or natural affec- 
 tion, are declared void, unlefs put into writing, 
 and regidered within fuch times as other convey- 
 ances are direfted to be regidered. 
 
 The Regider is to indorfe a certificate on evefy 
 (Conveyance 4nd will, mentioning the day, hour, 
 
 and 
 
 tl 
 
 f' ^ 
 
 it» i' I ! 
 
 
 
 'ii 
 
 iisi 
 
 
4^0 Cofijliiuthn of the British Colon ;es 
 
 and time when entered and regiflered, and the 
 fame is to be allowed as evidence of fuch re- 
 giftrics in all Courts of Record in St. Chrillo- 
 phcr's. This Aft was explained and amended in 
 fome particulars by another made the dill of June 
 1758, which recites it, and then enafts, That all 
 Letters Patent, bargains, fales, feoffments, grants, 
 mortgages, and other conveyances whatfocver, of 
 lands, tenements, hereditaments, Negroes, and 
 other Haves in St. Chridopher's, (liall be adjudged 
 fraudulent againil any fubfequent purchafer or 
 mortgagee, for valuable confideration, unlefs fuch 
 conveyances are regiftercd in the Office before the 
 regiflering the deed or conveyance under which 
 fuch fubfequent purchafer or mortgagee claims; 
 but all fuch conveyances, whether abfolute or con- 
 ditional, which are entered and regidered in the 
 Regifter's Office, after the expiration of the time 
 limited in the A6t for regiftering them, are as 
 valid and effcftual againft the grantors, mort- 
 gagors, and other perfons therein named, only 
 from whom the intereft pafles, as if entered and 
 regiftered within the times limited by the recited 
 Aft 5 however, fuch conveyances Ihall not dtftroy 
 or weaken any right, title, or intereft to any 
 lands, Negroes, &c. therein mentioned, which 
 any perfons claim under any fubfequent convey- 
 ance, which was duly entered and regiftered within 
 the time limited by the recited Aft; and where 
 any original will or conveyance, duly entered and 
 regiftered, purfuant to the Aft, and attefted by 
 the Regiftcr or his Deputy, is proved on oath to 
 be loft or miflaid, a copy thereof, under thp hand 
 of the Rcgifter or his Deputy, is as good evi- 
 dence in all the Courts of St. Chriftopher's, as if 
 the original was exhibited* 
 
 I have 
 
'4*1 
 
 
 in North America, &c. 
 
 461 
 
 I have not the laws of Nevis by me, but if I 
 am not nnidaken, their Regifler's A6t is fimilar 
 to thofe of St. Chriftophcr's. 
 
 The edition of the laws of Montferrat, which I 
 have, comes no lower than the year 1740, I 
 find no Regiftcrs Aft in it but in the year 1669. 
 There was an Adl of Aflfembly paflTed with a very 
 extraordinary claufc, which enadled, That all 
 writings made upon the Ifland by the inhabitants, 
 except only bills, obligations, or acquittances, 
 that were not made in the Secretary's Office of 
 that Ifland, by him or his Subftitute, or by his 
 allowance, (hould be of no effed, and the parties 
 who prefumed to draw them were liable to be 
 fined, as the Governor fliould fee convenient. I 
 make no doubt but that this law has been long 
 obfolcte. I was at Montferrat two feveral times 
 for weeks together on vifits, and I well remember 
 they had a law which required, that all fales of 
 Negroes (except thofe fold in a Guinea yard), 
 ihould be in writing, and regiltrred in the Secre- 
 tary's Office. lalfo know, that all conveyances 
 of land there mud be regiftered, but whether 
 that is done in confequcnce of an Ad of Aflembly 
 of Montferrat, made for that purpofc, or of the 
 above mentioned A<5t of the Leeward Ciiaribbee 
 Iflands, made in the year 1705, for the fupplying 
 the want of fines and recoveries. Sic. I cannot 
 take upon me to fay. 
 
 Soon after Legiflatures were eftablifhed in the 
 ceded Iflands, they paffed Af^s of AlTembly there, 
 for fupplying the want of fines and recoveries, and 
 for regiftcring conveyances. I have not thofe 
 A<^s by me, but I apprehend their Acts for fup- 
 plying the want of fines ancj recoveries, were 
 chiefly copied from that of the Leeward Charib- 
 bce Iflands, and thofe for rcgillering conveyances 
 
 , from 
 
 th 
 
 ; \' 
 
 ii rf' , !| It 
 
 t. ' 
 
 .-.^Ui 
 
4^2 Conflitution of the British Colonies 
 
 from the laws of Antigua, the legal Conftitution 
 of which Ifland they affedlcd to adopt in moft in- 
 fiances, as there were many adventurers from An- 
 tigua who fettled in the ceded Iflands, and 
 amongft them fome Gentlemen of the profeffion 
 of the law. ' ' . ' 
 
 Plantations in the Sugar Idands being of great 
 value, the deeds conveying them are generally 
 fettled with good advice ; and many of them are 
 drawn by able conveyancers in England. But 
 the lands in the Colonies on the Continent, be- 
 ing of much lefs value, the deeds (before the 
 Civil War) were generally drawn in a flovenly 
 manner; and in the Southern Provinces on the 
 Continent they were fo inaccurate, that they did 
 not even annex their deeds properly j for in 
 common fenfe, where a deed confifts of feveral 
 Ikiiis of parchment, or Iheets of paper, which are 
 annexed at the bottom, the firfl; fkin or (heet, 
 which begins with " This Indenture, &c.** fliould 
 be on the outHde, and the lad fheet, which con- 
 cludes with *' In witnefs, &c." (hould be next 
 to the feals : but in Carolina and Georgia, they 
 frequently reverfed the natural order of the (kins 
 or fheets ; and on opening a deed, the firft Ihcet, 
 which began with " This Indenture, &c/* was in 
 front, and ^ame next to the feals. 
 
 Fines are frequently levied in the Court of 
 Common Pleas in Weftminftcr HaH, of lands 
 lying in the Weft Indies, by fuppofing the Ifland 
 in which the lands lie to be in fome Farifti and 
 County in England; fee i. Barnes's Notes, i46rWil- 
 fon on Fines, 57. When 1 was in the Weft Indies, 
 a Gentleman at Nevis had a mortgage on an 
 cftate there, for a confiderable fum of money, 
 which ei^te was claimed by a man as tenant i& 
 lad : on looking over the moVtgagce's papers, the 
 
 Chirograph 
 

 fif North America, &c« 
 
 4^S 
 
 (1 It I 
 
 Chirograph or Indenture of a Fine of the lands, 
 in Latin, was difcovered, by which means he faved 
 his principal and interefl-. 
 
 In South Carolina they have an Adt of Aflem- 
 bly, which enumerates what Englifh (latuces (hall 
 be in force there, the ftatute of Weftminfter 2. 
 the 13 Ed. I. c. I. (commonly called the ftatute 
 de Donis)y not being enumerated in that A61: of 
 Aflembly, is not ip force in that Province > and 
 therefore, all eftates there are fee-fimple, condi- 
 tional at Common Law i but their conveyances 
 frequently have fuch terms in them, as arte appH't 
 cable only to eftates tail,, which is abfurd. 
 
 The Conftitution of the State of Georgia now 
 diredls, that an eftate fhaP^ not be entailed. 
 
 But (before the Civil War), the private ex*'? 
 mination of a feme covert, in order to bar dower, 
 was entered on a fheec of paper fep^rate from 
 the deed> and thei^ figned by the Chief Jufticie 
 of the Province, or the Affiftant Judge who to<^ 
 it. I|C was then x:arried to the Office of the Pro^r 
 thonotary of the General (or Superior Commoa 
 Law Court), who put the Seal of the Court tQ 
 it. The private examination was then entered on 
 Record in the Prothonotary's Office, and after? 
 wards returned to the purchafer or mortgage^. If 
 the fenie covert lived at a diftance from the feat 
 of gov-ernment, a Bidimus P^tejlatem iffued to 
 CommiSloners, to take her private examination, 
 and they returned the Dedimuf, with the private 
 examination annexed, which were both regiftere4 
 in the Prothonotary's Office. The Ji)edmus Pv^ 
 t^atemTfSiS iftotd irom the Prothonotatiy's Office, 
 and tefted by the Chief Juftice.---I apprehend the 
 pra6tice in fuch cafes was exadtiy the fame in South 
 Carolina, and all the other Southern Province's, 
 
 ,1 i 
 
 .t 
 
 
 '■: •-. * 
 
 
 .. 'f 
 
 i >f I 
 
 JttL - 
 
 CHAP. 
 
464 ConftUutibtt of the British CotoniES 
 
 CHAP. XVIII. 
 
 Conveyances of Lands and Negroes in Barba* 
 does, Antigua^ St, CbriJlopher*s^ and Jamaica, — 
 
 A Conveyance hy Leafe and Rekafe of Lands in 
 farbadoes^ with the Power of Attorney, 6ff. 
 this being the Rekafe, 
 
 THIS Indenture, made the aoth day of July, 
 anno Domini 1728, and in the fecond year 
 of the reign of our Sovereign Lord King George 
 the Second, C*ff. between Sir Abel A(h of Bar- 
 don, in the county of Cornwall, Bart, eldcft 
 furviving fon and heir of Sir David A(h late of 
 the faaie place, Bart, and of Dame Eliza Afh, 
 his late wife, both deceafed, and alfo brother 
 and heir of Sir David Afh, late of the fame 
 place, Bart, alfo deceafed, who, whilft living, 
 was eldeft fon and heir of the faid Sir JDavid Afh 
 the father, and of the faid Daaie Eliza, of the 
 one part ; and Francis Afh of Bardon aforefaid, 
 Efquire, younger brother of the faid Sir Abel 
 Afh, and Gilbert Gill and Henry Hart, both of 
 the Ifland of Barbadoes in America, Efquires, of 
 the other part. Whereas the faid Sir David Afh 
 the father, in and by his Lafl Will and Tefla- 
 mcnt in writing, by him duly publifhed, bearing 
 date on or before the ioth day of April 17 16, 
 did (among other things) give to his then wife, 
 the faid Dame Eliz^ Afh, her heirs, executors, 
 and afiigns, all his Plantations, houfes, buildings, 
 mills, Negroes, and all other his real and perfonal 
 cflate whatfoever in the faid Ifland of Barbadoes 
 upon trufl, to fell and difpofe of the fame, and 
 - every 
 
m 
 
 in North America^ &c. 465 
 
 tvery of them, as foon as conveniently might be 
 after his deceafe -, and, with the money arifing by 
 fale or fales thereof, in the firft place to pay all 
 his jud debts, and afterwards the legacies and 
 fums of money in his faid Will mentioned andex- 
 prelfed j and if his faid then wife fhould die be- 
 fore the feveral eftates were fold that were de- 
 vifed to her for that purpofe, then the faid tefta- 
 lor gave fuch of thofe eftates as remained unfold 
 3C her deathj to the faid Sir David Alh his eldeft 
 fon> then David A(h, Efqj his heirs, executors, 
 and afljgns, to be by ^im or them fold for the 
 performance of his faid Will 5 and the faid Sir 
 David Afh the teftator> did thereby conftitute the 
 laid Dame Eliza, his then wife, fole executrix of 
 his faid Will : And whereas the faid Dame Eliza 
 Alh died inteftate foon after the death of the 
 faid Sir David Afh her late hufband, and before 
 llhe had proved his faid Will, or fold or difpofed 
 of the faid truft-eftate and premifes, or any part 
 thereof, and foon after her deceafe Letters of 
 Adminiftration of her goods and chattels, and 
 alfo Letters of Adminiftration of the goods and 
 chattels of the faid Sir David Afli the father, with 
 his faid Will annexed, were granted by the Pre- 
 rogative Court of Canterbury unto the faid David 
 Afh the fon, who fome years fince alfo departed 
 this life without iftue, and without having fold 
 or difpofed of the faid truft-eftate and premifes, 
 or any part thereof, upon whofe deceafe thp faid 
 truft-eftate and premifes defcended, or otherwife 
 legally came to and vefted in the faid Sir^Abel 
 Alh, upon the truft, and for the purpofes afore- 
 faid, and the faid Sir Abel Afh, foon after the 
 I deceafe of the faid Sir David ^(ii, obtained Let- 
 ters of Adminiftration out of the faid Prerogative 
 Court of Canterbury of the goods and chattels, 
 
 H h with 
 
 m 
 
 I :l' 
 
 1 I 
 
 ;.i . 
 
 mm 
 
4C5 Confiit'uiioA of thi British Cotokissr 
 
 with the Will annexed of the faid Sir David Afliy 
 the father^ unadminiilered by the faid Sir David 
 A(h the fon j and alfo Letters of Adnniniftration 
 of the goods and chattels of the faid Dame Eliza 
 Afh^ unadminidered as aforefaid ; And whereas 
 the faid Francis A(h hath concra<^ed and agreed 
 with the faid Sir Abel Afh for the abfolute pur- 
 chafe of the med^ageSy buildings/ Plantations, 
 tands, Negroes, and other hereditaments herein 
 after mentioned,* ta be hereby granted and re- 
 leafedy being part and parcel of the faid truft- 
 c(late> and- premifes fa ^iven to the faid Dame 
 Eliza Alh in truft^ to be fold as aforefaid ; and 
 alfo of all the crop of fugar» and other the pro- 
 duce of or tipoiT the fame Plantatian> ]ands> and 
 premifes, or which hath arifen from, or been pro- 
 duced upon th« fame premifes, or any part there- 
 of, . from and after the Feaft of St. Michael the 
 Archangel laftpaft, before the date hereof, for the 
 fum or piTdK of io>ooo 1. of lawful money of Great 
 Britain. NOW THIS INDENTURE WIT- 
 NESSETH, That in purfuance and performance 
 of the faid recited agreement, and for and in con- 
 fideration of the fum of 10,000 1. of lawful money 
 of Great Britain to the faid Sir Abel AQi, in hand> 
 well and truly paid by the faid Franeis Afh^ at or 
 before the enfealingand delivery of'thcfe prefents, 
 to be by him the faid Sir Abel Alh applied and 
 difpofed of for the purpofes in the faid recited 
 Will in that behalf mentioned and diredted, the 
 receipt and payment of which faid futn of io,oool. 
 he the faid Sir Abel Alh doth hereby acknow- 
 ledge, and thereof, and of every part thereof, 
 doth acquit, releafe, and difcharge the faid Fran- 
 cis Alh, his heirs, executors, admin iftrators, and 
 affigns, and every of them, for ever, by thefe 
 prefents \ and in confider^tion of the fum of 5 s. 
 
 6 ^ 
 
in North America, &c« 
 
 467 
 
 of like money to the faid Sir Abel Afb, in hand 
 paid by the faid Gilbert Gill and Henry Hart, ac 
 or before the enfealing and delivery of ihcfe pre** 
 fents, the receipt whereof is hereby acknowledged : 
 he the faid Sir Abel A(h hath granted, bargained^ 
 fold, aliened, releafcd> and confirnned, and by 
 thefe prefents doth grant, bargain, fellj alien» 
 releafe, and confirm unto the Taid Francis Afli> 
 Gilbert Gill> and Henry Hart, and the heirs and 
 adigns of the faid Francis Afh, all that the Up- 
 per Plantation land or ground of him the faid Sir 
 Abel Afh, commonly called or known by the 
 name of Jag Hall, fituate^ lying, and being in 
 the parilh of Knowt, in the faid Idand of Bar- 
 badoes, and containing by ellimation three hun- 
 dred and ninety -^fix acres, or thereabouts, be the 
 fame more or lefs ; and alfo all meffuages, tene- 
 mentsi edifices, eredtions, buildings, houfes, (lore- 
 houfes,fugar-houfes,boiling-houfes,curing-houfc89 
 ftilI*houfeS) mills and kilns, ereded, built, Hand- 
 ing, or being ; or to be ere Aed, built, (landing, or be« 
 ing in or upon the faid Plantation, land, ground^ 
 hereditaments, and premifes, every or any part 
 thereof, with their and every of their rights, privi- 
 leges, members, and appurtenances; and alfo all 
 Negroes and Haves, men and women, and children^ 
 and the increafe and progeny of the fame Negroes 
 and (laves } and alfo all hories, cows, oxen, fheep, 
 and other cattle whatfoever; and all coppers> 
 (lews> ladles, (kimmers, potting bafons, fugar- 
 pots, dills, ftilU heads, worms, worm«tubs> 
 coolers^ cifterns, Plantation tools, and all other 
 implements, goods and chattels whatfoever, to the 
 faidme(ruages, buildings. Plantation, land, ground^ 
 hereditaments, and premifes hereby or mentioned 
 and intended to be hereby granted and releafed, 
 every or any of them, or any part thereof, be- 
 
 H h 2 longing 
 
 '^^m 
 
 I ^u 
 
 i^f 
 
 ■:i 
 
 fM 
 
 i 
 
 f^ -I; 
 
 '■• ill. 
 
 
 m 
 
 n:\ 
 
4^8 Conftituiion of the British CoLoNiEi 
 
 longing or in any wife appertaining, or with thciYt 
 or any of them ufed, occupied, poirefTcd, or en- 
 joyed j and alfo other the mefluages, buildings, 
 lands, ground, and hereditaments whatfoever, of 
 him the faid Sir Abel A(h, fituatc, lying, or be- 
 ing in the faid parifh of Knowt, in the faid Ifland 
 of Barbadoes, with their and every of their ap- 
 purtenances (except and always referved out of 
 thefe prefents, and the grant or conveyance here- 
 by made or intended to be made, all that fmall 
 flip or parcel of ground of him the faid Sir Abel 
 Alh, lying and being in the faid parifh of Knowt, 
 but being part of and ufed and enjoyed with the 
 lower Plantation, lying in the parifh of Loke, in 
 the faid Idand of Barbadoes, and all eredions, 
 buildings, hereditaments, Plantations, tools, im- 
 plements and appurtenances whatfoever, upon the 
 laid excepted fmall flip or parcel of ground, or 
 any part thereof, now being thereunto belonging 
 or appertaining, or therewith ufed or enjoyed), all 
 which faid mefluages, buildings. Plantation, lands, 
 grounds^ Negroes, flaves, cattle, utenfils, here* 
 ditaments, and other the premifes hereby or men- 
 tioned or intended to be hereby granted and re- 
 leafed (except before excepted), are now in the 
 aftual pofTefTion of the faid Francis Alh, Gilbert 
 Gill, and Henry Hart, by virtue of a bargain 
 and fale to them thereof, made by the faid Sir 
 Abel Afli for the term of one whole year, in con- 
 fideration of 5 s. to him paid by the faid Francis 
 Afli, Gilbert Gill, and Henry Hart, in and by 
 one Indenture, bearing date the day next before 
 the day of the date hereof, and by force of the 
 Statute for transferring ufes into pofTcfilon, made 
 and provided j and the revcrfion and rcverfions, 
 remainder and remainders, rents, ifTues, and 
 profits, and produce thereof, and of every pare 
 
 5 and 
 
in North America, &c. 
 
 465 
 
 and parcel thereof; and alfo all the eftate, right, 
 tide, interefl-, trufl-, property, claim, and de- 
 mand whatfoever, both at law and in equity of 
 him the faid Abel Aih, of, into, or out of the 
 faid meffuages, buildings, Plantation lands, 
 grounds, Negroes, flaves, cattle, utenfils, here- 
 ditaments, and other the premifes hereby or men- 
 tioned or intended to be hereby granted and re- 
 leafed, or any of them, or any pare or parcel 
 thereof (except before excepted) j and alfo all 
 deeds, evidences, writings, and records whatfo- 
 ever, touching, or in any wife concerning the 
 fame premifes, or any part thereof, which he the 
 faid Sir Abel Afh now hath in his cuftody, or 
 can come by without fuit in law, TO HAVE 
 AND TO HOLD the faid meffuages, buildings. 
 Plantations, lands, grounds, Negroes, flaves, 
 cattle, utenfils, hereditaments, and all and fin- 
 gular other the premifes hereby or mentioned or 
 intended to be hereby granted and releafed, with 
 their and every of their appurtenances (except be- 
 fore excepted) unto the faid Francis Alb, Gilbert 
 Gill, and Henry Hart, and the heirs and afligns 
 of the faid Francis Alh, to the ule and behoof of 
 them the faid Francis Afh, Gilbert Gill, and 
 Henry Hart, and of the heirs and afligns of the 
 faid Francis Afli for ever ; in truft as to the eftate 
 of the faid Gilbert Gill and Henry Hart, for and 
 for the only benefit of the faid Francis Aih, and 
 of his heirs and affigns for ever, and to, for, or 
 upon no other ufe, truft, intent, or purpofe 
 whatfoever; and the faid Sir Abel Afh doth here- 
 by, for himfelf, his heirs, executors, and admi- 
 niftrators, covenant, promife, grant, and agree 
 to and with the faid Francis Afh, his heirs and 
 afligns, in manner following; that is to fay. That 
 (for and notwithftanding any A^> .matter, or 
 
 H h 3 thing 
 
 » ■>;!■! J'!' 
 
 f ' 
 
 :«■•;.:! 
 
 rt ,' 
 
 f^'l'' 
 
 J ; ' 
 
 
 ll 
 
 ,, , ». 
 ■1'- # 
 
 i )l 
 
 l^-T 
 
 
 V .in 1 
 
 pffl'tt? 
 
 ii ' :ik\ \ 
 
 iil 
 
 11 
 
 1 
 
 HI 
 
 M? 
 
 1 
 

 1 ili! 
 
 I 
 
 I 
 
 fl' 
 
 IB 
 
 T'l: 
 
 470 Conftitutiott of the British Colonies 
 
 thine whatfoever by him the faid Sir Abel Afh^ pr 
 by the faid Sir David A(h his late brother, or by 
 the faid Sir David Afh his late father^, and Dame 
 Eliza his late wife, mother of him the laid Sir 
 Abel Afh, or by Sir David A(h^ Bart, his late 
 grandfather deceafed, or any of them, done, 
 committed, or wittingly or willingly fuffcred to 
 the contrary) he the faid Sir Abel Afh now is and 
 ilandeth lawfully, rightfully, and abfolutely fcizcd 
 of and in the faid meffuages, buildings. Planta- 
 tion, lands, grounds, Negroes, Haves, utenHls, he- 
 reditaments, and premifes hereby or mentioned or 
 intended to be hereby granted and releafed of a 
 good, fure, lawful, abfolute, and indefeafible 
 eilate of inheritance in fee (imple, to him and his 
 heirs, without any revcrfion, remainder, truft, li- 
 mitation, power of revocation, ufe or ufes, or 
 other matter, reftraint, or thing whatfocverj to 
 alter, change, charge revoke, make void, leflfen, 
 incumber, or determine the lame : And alfo that 
 he the faid Sir Abel Aih, for and notwithiland» 
 ing any fuch A^« matter, or thing as aforefaid, 
 hath, at the time of the fealing and delivery of 
 thefe prefents, in himfelf good right, full power, 
 and lawful and abfolute authority to grant and 
 ^nvey the faid meffuages, buildings. Plantation, 
 lands, ground, and Negroes, flaves, utenfils> 
 hereditaments, and premifes hereby mentioned 
 or intended to be hereby granted and releafed, 
 with their appurtenances, unto and to the ufe of 
 the faid Francis Afh, Gilbert Qill, and Henry 
 Hir", and the heirs and affigns of the faid Fran* 
 cis Afh, in manner aforefaid, and according to 
 the purport, true intent and meaning of thefe pre^ 
 fents} and further, that itfhaliand may be lawful 
 to and for the faid Francis Afh, his heirs and afiigns, 
 fronn time to time^ and at all times hcrea^er, 
 
 peaceably 
 
m 
 
 in N0X.TH Amehica^ 8cc. 47 1 
 
 jpcaceably and quietly to enter into, have, hold, 
 occupy, pofTcfs, and enjoy the faoie mefTuages, 
 buildings. Plantation^ lands^ grounds, Negroes, 
 ilaves, utenfils, heceditaments, and premifes here- 
 by or mentioned or intended to be hereby granted 
 and releafed, and to receive and take the rents, 
 profits, croDj and produce thereof^ and of every 
 part thereof, from and after .the laid feaft of St, 
 Michael the Archangel Jail pall, before the date 
 hereof^ to and for his and their own ufe and be* 
 nefit, without the lawful let, fuit, ;trouble, de« 
 nial, evidjon^ or interruption, of or by the faid 
 8ir Abel Afli, his heirs or affigns, or of or by any 
 other perfon or perfons lawfully claiming, or to 
 <:laim atiy eftate, rigbt, titk, trull^ pr intereft 
 at law or in equity^ o^ in^ to, or out of the faid 
 hereby^ or nientioned or intended to be hereby, 
 granted and ireleafed meiTuages, buildings. Plan- 
 cation, lands^ grounds^ negroes^ flaves, utenfils^ 
 hereditaments^ and premifcsj or any of them^ or 
 any part or parcel thereof, from, by, or under, or 
 in truft for him^ them, or any of them, or from, 
 by^ or under the faid Sir David Afb« his late bro- 
 ther Sir Pavid A^ ^nd Dame Eliza Afh, his 
 late father and mother, and Sir David A(h his late 
 grandfather^ 0^ any ^f tbem« and that free and 
 4:lear, and freely a^d dearly acquitted, exonerat- 
 ed and difchargcd, of otherwife, by the faid Sir 
 Abel A(hp his heirs^ executors, and adminiflrators^ 
 well and fufficiently faved, defended, and kept 
 harnnleis and indemnified of, from, and againft all 
 and all manner of former and other gifts^ grants, 
 bargains, fales, ieafcs, mortgages, jointures, 
 dowers, ufcs, trufts* wills, entails, ftatutcs, recog- 
 nizances, judgments, extents, executions, and of, 
 from, and againit all and fingular ellates, titles, 
 i^Qublesj chaf|^es^ and incumbrances wbat|oever, 
 
 H h 4 had. 
 
 
 .r-K . 
 
 '' 'i ,. J. j ' 
 
 111: i^ 
 
 
471 Conjliiuim of the British Colonies 
 
 had, made, done, committed, occafioned, or fuf- 
 fercd, or to be had, made, done, committed, oc- 
 cafioned or fuffcred by the faid Sir Abel A(h, Sir 
 David AHi his late brother, Sir David Afh and 
 Dame Eliza AlTi his late father and mother, and 
 Sir David A(h his late grandfather, or any of them, 
 their, or any of their heirs or afllgns, or by any 
 other perfon or perfons lawfully claiming, or to 
 claim from, by, or under, or in trult for them, or 
 any of them, or from, by, or under their or any 
 of their Aft, means, alFent, confcnt, or procure- 
 ment : And moreover, that he the faid Sir Abel 
 Afti, and his heirs, and all other perfons having or 
 lawfully claiming, or which (hall or may have, or 
 lawfully claim any eftate, right, title, truft", or in- 
 tereft of, into, or out of the faid mefluages, build- 
 ings, PJantation, lands, grounds, Negroes, flaves, 
 utenfils, hereditaments, and premifes hereby men- 
 tioned or intended to be hereby granted and re- 
 leafed, or any of them, or any part thereof, from, 
 by, or under, or in truft for him, them, or any of 
 them, or from, by, or under his faid anceftors 
 herein before named, or any of them, fhall and 
 ■will from time to time, and at all times hereafter, 
 during the fpace of ten years next enfuing the date 
 hereof, upon every reafonable requeft, and at the 
 proper cofts and charges in the law of the faid 
 Francis Afli, his heirs or affigns, make, do, ac- 
 knowledge, levy, fuffcr, and execute, or caufe or 
 procure to be made, done, acknowledged, levied, 
 lufFcred, and executed, all and every fuch further 
 and other lawful and reafonable Afts, deeds, and 
 things, devices, conveyances and aflurances in the 
 law whatfocver, for the further, better, more per- 
 feft, and abfol lite granting, conveying, and af- 
 furing of the faid mefluages, buildings, Pianta- 
 IJon, Lands, grounds, Negroes, flaves, and uten* 
 
 ' fllS| 
 
in North America, Sec. 
 
 47i 
 
 fjls, hereditaments, and premifes ' hereby men- 
 tioned or intended to be hereby granted and re- 
 leafed, with their appurtenances unto, and to the 
 ufc of the faid Francis Alh, Gilbert Gill, and 
 Henry Hart, and to the heirs and afllgns of the 
 faid Francis Afh in trud as aforefaid, as to 
 the cftate of the faid Gilbert Gill and Henry 
 Hart, be the fame by fine, feoffment, common 
 recovery, deed, inrolled or not inrolied, the in- 
 rollment of thefe prefents, orotherwife, howfo- 
 cvcr, as by the faid Francis Afli, his heirs, or 
 alTigns, or his or their Counfcl learned in the law, 
 Ihall bereafonably advifed ordevifed, and requir- 
 ed, fo as fuch further afluranccs contain in them 
 no other or further warranty or covenants than 
 againft the perfon or perfons, his or their heirs, 
 who (hall make or do the fame, and fo as the par- 
 ty or parties who fliall be requeued to make fuch 
 further aflurances be not compelled or compell- 
 able for making or doing thereof, to go or travel 
 above five miles from his or their then rcfpedlive 
 dwellings or places of abode ; and for the con- 
 fideration aforefaidj the faid Sir Abel Afh doth 
 hereby for himfelf, his heirs, executors, and ad- 
 miniftrators, further covenant, promifc, granr^ 
 and agree to and with the faid Francis Afti, his 
 executors, adminiftrators, and afligns, that he 
 the faid Francis Afh, his executors, adminiftra- 
 tors, and affigns, fhall and may immediately en- 
 ter upon and have, receive, take, retain, and 
 and convert to and for his and their own ufe and 
 benefit, all the crop of fugars and all other the 
 goods, chattels, and produce of or upon the faid 
 Plantation, lands, hereditaments, and premifes 
 hereby or mentioned or intended to be hereby 
 granted and releafed every or any part thereof, 
 from and after the faid feaft of St. Michael the 
 Archangel lad paft, before the date hereof : And 
 
 ;he 
 
 *P:i'' 
 
I 
 
 474 Conftitathn oftbt British Coloniis 
 
 the faid Sir Abel Afh doth hereby accordingly grant, 
 bargain^ fell^ alTign, and fet over the faid crop of 
 fugars^ and all other the faid goods, chattels, and 
 produce of or upon the fame Plantation, lands, he- 
 reditaments, and premifes, every or any part there- 
 of, and all the benefit and advantage thereof, unto 
 the faid Francis AHi, his executors, adminiflra- 
 tors, and afligns, to have, hold, receive, perceive, 
 retain, take, and enjoy the faid hereby afligned 
 premifes, and every part thereof, and all the be- 
 nefit and advantage thereof unto him the faid 
 Francis Alb, his executors, adminiftrators, and af- 
 iigns, to and for his and their ufe and benefit, 
 and as his and their own goods and chattels ab* 
 folutely and for ever with warranty againll ail 
 men. In wi^nefs, tcc^ 
 
 She Manner of executing Deeds of Conveyance of 
 a Plantation in Barhadocs^ by a Perfon im^ 
 fewered by a Letter of Attorney \ and the Letter 
 of Attorney • 7'he Deed is to conclude thus : 
 
 IN yritnefs whereof to one part of thefe pre- 
 ferits the faid Abel Archer, by Barnard Bray of 
 &c. in the Ifland of Barbadoes, Gent, his Attor«> 
 hey, hereunto lawfully authorifed by a certain 
 power of Attorney hereon indorfed, hath fet his 
 hand and feal, and to the other part of thefe prc- 
 fents, the faid Caleb Coates hath fet his hand and 
 feal, the day and year above written. 
 
 To be indorfed thus : 
 
 The within' written Deed was figned, fealed, 
 and delivered by Bamarcl Bray, named in the In- 
 ftrudfient or PoWer of Attorney written on this 
 fide of ^his ikin of parchment, as the Attorney of 
 the ivithin named Abel Archer, for and in the 
 rfame, and as the atfl and deed of the faid Abel 
 Archer, in the prefence of us. 
 
in North America, &c. 
 
 Tq hi indorfed again thus : 
 
 47$ 
 
 Received before the day of the date of the 
 within written Indenture, namely on the 20tK 
 day of May 17319 of and from the within Caleb 
 Coates, by the hands of David Dent and Edmond 
 Dent of London, merchants, the fum of 4200 A 
 of lawful money of Great Britain, being the con- 
 fideration money within mentioned to have been 
 actually paid in hand to me* I fay received, 
 
 Witnefs to the figning thereof 
 by Barnard Bray, of the pa- 
 ri(h of, &c. in Barbadoes, as 
 the Attorney of the within 
 named Abel Archer, for 
 and in the name, and as the 
 adb of the faid Abel Archer. 
 
 
 ■1 
 
 i 
 
 
 
 ■ 
 
 M 
 
 1 
 
 ■ ' 
 
 1 
 
 im 
 
 
 ■. 
 
 u 
 
 A Third Indorszmbnt tbuSf hting tbt Power of 
 
 Attorney, 
 
 KNOW all men by thefe prefents, that I Abel 
 Archer of the City of Bath, in the Kingdom of 
 Great Britain, Efq; for divers good and valuable 
 caufes and confiderations me hereunto moving, 
 and more particularly for and in confideration of 
 the fum of 4200/. of lawful money of Great 
 Britain, to me in hand paid at or before the feal- 
 ing and delivery of this prefent Inilrument by 
 Caleb Coates of the IQand of Barbadoes, Planter 
 (by the hands of David Dent and Edmond Dent 
 of London, Merchants) and of the further fum 
 of '^800/. of like lawful money, agreed and fe* 
 cured according to my good liking and appro- 
 liationy to be paid unto me, my executors, ad- 
 i^ , " , miniftraiorj^ 
 
 
 \'- ! 
 
 mh\ ; ill 
 
 '11 
 
i.'. 
 
 476 Conftitution of the British Colonies 
 
 miniftrators or afTigns, at feveral times hereafter, 
 making together the fum of 12,000/. of lawful 
 money of Great Britain, and being in full for the 
 intire and abfoliite piirchafc of the fee-fimple, in- 
 heritance, and full propriety of all and fingular 
 the lands, plantations, fugar works, hereditament, 
 flaves, (lock, utenfils, and other things in the 
 )vithin written writing mentioned or defcribed, 
 and thereby intended to be hereafter granted and 
 ponveyed, and to the end, intent and purpofe, 
 thap the fume premifes may be legally, fuffici- 
 cntly and effecSually granted, conveyed and af- 
 fured unto and upon the faid Caleb Coates, his 
 heirs and afllgns, for ever difchargcd of all 
 eftates tail and remainders whatfoever, have 
 made, ordained, authorized, conllituted and ap- 
 pointedi and by thefe prefents do make, ordain, 
 authorize, conftitute and appoint Barnaby Bray, 
 of, &c. Gent, and Fulk Flint, of, &c. Gent, 
 jointly and each one of them feparately my true 
 and lawful Ajtornies and Attorney, irrevocable 
 for me and in my nanrie, and as my aft and deed, 
 forthwith and as focn as conveniently may be 
 after this prcfent Inftrument (hall arrive in the 
 faid Ifland of Barbadoes, to fill up, or caufe to 
 be filled up, the blanks at the top or beginning 
 of the writing or deed within written, with the 
 day of the month, and month whereon the fame 
 writing or deed Ihall be executed, purfuant to 
 the further power hereafter in thefe prefents 
 given, or with any other proper date alfo to fill 
 up, or caufe to be filled up, the blanks at the 
 bottom or end of the writing or deed within 
 written, by and with the name, defcription and 
 addition of fuch one of my faid Attornies, as 
 fiiall aCl by virtue of thefe prefents, and of the 
 power hereby given. And after thoie blanks (hall 
 
 be 
 
in North America, &Cj 
 
 477 
 
 be fo filled up, then at the foot of the faid Deed 
 to fubfcribe the name Abel Archer, by virtue o( 
 thele prefcnts, and to fcal and deliver the faid 
 writing or deed for me, in my name and as my 
 act and deed, to the ufe of the faid Caleb Coates, 
 his heirs and afllgns for ever, and that in the pre- 
 fence of any competent number of witnelfcs. And 
 alfo for me to fubfcribe to the receipt written on 
 this fide of this fkih of parchment, the name Abel 
 Archer; and further, to appear for me within 
 three months next after the date which (hall be 
 fo filled up in the faid within written deed or 
 writing, and after the execution of the fame writ- 
 ing, and to acknowledge fuch deed before the 
 refident Governor of the faid Ifland, or before 
 fome other of the chief Judges for the time be- 
 ing, of fome one of the Courts of Juftice within 
 the faid Idand. And to do for me and in my 
 name, and as my aft and deed, but to the ufe of 
 the faid Caleb Coates, his heirs and afTigns, all 
 and every other aft, matter and thing whatfoever, 
 which fhall be necelTary, fitting, or expedient, to 
 the full, legal, efFeftual and complete execution, 
 acknowledgment and inrolmehr, or recording in 
 due time of the deed or writing within written, 
 or of any other deed or deeds of the like tenor 
 or purport to the like ufes, and of the fame pre- 
 mifles therein mentioned, although the fame 
 ihould be conveyed in other or different forms 
 or terms i and although the premilTes in fuch 
 other deed or deeds fhould be differently or 
 otherwife defcribed, the better to afcertain the 
 fame as fully, amply, and beneficially to all in- 
 tents, conftruftions and purpofes whatfoever, as 
 I myfelf might or could do, if prefent, and did 
 the fame perfonally, fo that there may be made a 
 
 good 
 
 
 I 
 
 
 ■ i;.itv:.'r 
 
 
!• M:': 
 
 II 
 
 !t:i: 
 
 S'''l 
 
 i t 
 
 478 Conftitution of the British CoLONtES 
 
 good and perfe6b title and conveyance unto the 
 faid Caleb Coates, his heirs and aiTigns for ever 
 in fec-fimple, of all and fingular the premifes in 
 and by the within mentioned deed or writing 
 meant or mentioned, or intended to be hereafter 
 paffed or granted away, hereby giving unto my 
 faid Attornies or Attorney my full and whole 
 power and authority in the premifes, and ratify- 
 ing and confirming, and promifing to hold for 
 good, firm, valid and effedtual, all that my faid 
 Attornies or Attorney Ihall lawfully do, or caufe 
 to be done in the premiffes by virtue of thefe 
 prefents. Provided always. That thefe prefcnts, 
 or the power hereby given, (hall in no wife extend, 
 or to be conftrued to extend, to repeal, revoke, 
 determine or make void any former or other 
 power or powers of attorney by me at any time 
 heretofore given, or appointed to any other pcr- 
 fon or perfons whatfoever, for any diftinft or other 
 purpofes, but that fuch other power and powers 
 of attorney (hall ftill, notwithftanding thefe pre- 
 fents, and the power hereby given, remain, con- 
 tinue and be of the fame authority, validity, force 
 and efFeft, as if thefe prefents had never been 
 made or executed. Provided alfo. That thefe 
 prefents, or the power hereby given, (hall in no 
 wife extend, or be conftrued to extend, to ap- 
 point the faid Barnaby Bray and Fulk Flint, every, 
 cither, or any of them, my Attornies or Attorney, 
 to or for any other adt, intent or purpofe what-* 
 foever, but folely and only for the making, exe- 
 cuting, perfe<5ling and completing unto the faid 
 Caleb Coates, his heirs and afTigns, fufilcicnt and 
 proper deeds, writings and titles, whereby to 
 pafs, grant away and a(rure unto him, his heirs 
 and affigns for ever, the free and clear fee-fimplci 
 inheritance and abfolutc propriety of and in all 
 
 and 
 
in North America, &c. 
 
 47^ 
 
 ttrid fingiilar the premifei in the within written 
 deed or writing defcribtd, mentioned, or ex-» 
 prefTed, and thereby meant and intended to be 
 hereafter granted, bargained,' fold, rdcafcd, and 
 confirmed. In witnefs, &c ♦. 
 
 Signed, fealed, and delivered 
 
 by the above-named G 
 
 S , in the prefence of 
 
 vs. 
 
 ji CoNVEVANCE by Leafe and ReUafi of Land^ 
 and Negroes in Antigua. 
 
 LEASE for a Year. 
 
 THIS Indenture, made the 7th day of Marcli, 
 in the third year of the reign of our Sovereign 
 Lord George the Third, by the Grace of God, 
 of Great Britain, France, and Ireland, King, 
 Defender of the Faith, &c. and in the year of 
 pur Lord 1763, between the Honourable A » 
 L'— late of the ifland of Antigua, but now of 
 Younglbury, in the county of Hertford, in the 
 kingdom of Great Britain, Efquire s and S— 
 
 his wife, of the one part, and W L late 
 
 of the faid IHand of Antigua, but now of Gerard 
 Street Soho, in the county of Middlefex, in the 
 faid kingdom of Great Britain, Efquire, of the 
 other part, witneffeth. That for and in confidera^ 
 tion of the fum of five fhillings, a piece of lawful 
 
 money of Great Britain, to the faid A L , 
 
 and S " his wife, in hand, well and truly paid 
 
 by the faid W L , at and before the 
 
 fealing and delivery of thefe prefi^nts (the receipt 
 whereof is hereby acknowledged). They, the 
 faid A''^'-— L ■ and S his wife, have, and 
 
 * See the fecond Volume of Horfman's Conveyancer^ 
 from 768 to 773* 
 
 each 
 
 
 ,F: ! 
 
 
 ^ 
 
 ■■.■■if,!':!"' 
 
 i ■' 
 
 ['M>ii: 
 
 m 
 
 
 Hi 
 
 I :■■■ I ■■ I 
 
 \i f ■■. .'■<■■ 
 
¥ 
 
 4^0 Conptution of the British Coloi^ i eS 
 
 each of them hath granted, bargained, and fold, 
 and by thefe prefcnts do, and each of them doth 
 
 grant, bargain, and fell, unto the faid W 
 
 L— , ALL THAT PLANTATION, or 
 
 parcel of land, of him the faid A L , 
 
 iituate, lying, and being in the parifli of St. 
 Mary, and divifion of Bermudian Valley, in the 
 faid liland of Antigua, containing, by eflima- 
 tion, four hundred and fifty acres of land, be the 
 fame more or lefs butted and bounded to the 
 
 north with the eftates, late of J — -— F de- 
 
 ceafed, and F F ead, with Dark Valley, 
 
 and J — 
 
 - J— 
 
 , and with 
 
 and Wcfl-, with 
 
 — , the Pond ; 
 
 -, or 
 
 now in the pofleffion of J — W- 
 F* fouth, with the eflate of E 
 deceafed, and lands of W B 
 
 part of the lands of A P 
 
 part of the eftate of J F- 
 
 and part with the lands of A — — r P- 
 
 howcver otherwife the fame is butted or bounded, 
 lying or being j and alfo the dwellirg-houfc and 
 out-houfes thereto belonging; and the windmill, 
 boiling- houfe, curing-houfe, ftill-houfe, and all 
 other buildings whatfoever, erefted upon the faid 
 Plantation : and alfo, all fugar coppers, ftills> 
 flill-heads, worms, worm tubs, carts, carriages, 
 and all other plantation uteniils of what nature or 
 kind foever to the fame plantation belonging, or 
 in anywife appertaining: And alfo, all that other 
 plantation, or parcel of land, of him the faid 
 
 A L , called S V , and G 
 
 fituate in the fame divifion and parilh, contain- 
 ing, by eftimation, thirty-five acres, or there- 
 abouts, be the fame more or. lefs butted and 
 bounded to the weft by the fea, to the eaft with 
 
 land of A P— — , to the north with the Pond, 
 
 and to the fouth with other lands of the faid 
 
 A L , at the pitch of Crab-hill; or 
 
 however 
 
in North America^ &d. 
 
 481 
 
 however otherwife the fame is butted, bounded^ 
 lying, or being : And aifo, all that other Planta- 
 tion, or parcel of land, of him the faid A 
 
 L , called C V , and C , fituate 
 
 in the divlQon of Old Road, and Parifh of St* 
 Mary, in the faid ifland, containing, by edima* 
 tion, one hundred and ten acres of land, or 
 thereabouts, be the fame more or Icfs butted and 
 bounded to the weft with the fea ; to the caft 
 
 partly with lands of J— — D , and partly 
 
 with lands of W — — B , to the fouth with 
 
 lands of the faid J D , and to the north 
 
 with the lands of T — — U , lands of P 
 
 £) — --. — ^ and other lands of the faid A— - 
 L« '. or however othc'rwife the fame is but- 
 
 ted or bounded, lying or being : And alfo, all 
 thofe the Negroe (laves following (that is to fay), 
 Peter, Dickey, French, Pero (with feventy-nine 
 others named in the deed), being men^ Sidney, 
 Trefe, Quafheba, Qecil (with eighty-four others 
 named in the deed) being women ; Ifaac, Valen- 
 tine, Quafhey, Frederick (with twenty-one others 
 named in the deed), being boys; and Sam Picarc 
 a Muftee boy; Nanny, Hannah, Little Betty, 
 Violet (with thirty-nine others nam«d in the 
 deed), being girls j and Bonnee a Muftee girl ; or 
 fuch of the faid Negro flaves as are now living, 
 together with all the ilTues, and incrCafe of all 
 and every the faid female Negroe flaves, now 
 born, or hereafter to be born ; and alfo two bulls 
 named Creole and March 5 and alfo all thofe the 
 following oxen (that is to fay), Tom, Butcher, 
 Spaniard, Aberdeen (with thirty-three others 
 named in the, deed) ; and alfo all thofe the follow- 
 ing cows (that is to fay), Befs, Torey, Sabella, 
 Mirah (with twenty-nine others named in the 
 deed)} and alfo, at) tlioie the following fleers 
 
 It (that 
 
 I'm 
 I 
 
 ■ i 
 
 t 
 
 •i'.i'iii!' 
 
 !' . '1; 
 
 
 r ■■ I; 
 
 'i' 
 
 »' 
 
 I 
 
li- 
 
 M 
 
 1*3 
 
 482 Cohfliitttkn of the fiRiTisit Cotoixizi 
 
 (that is to fay), Duke, Man of War, Swagger 
 (with ttn others mentioned in the deed); and 
 alfo, all thofe the following bull calves (that is to 
 fay), Sunday^ Monday, Harry, Bright, and 
 Dramer; and alfo, all thofe the following cow 
 talves (that is to fay), Peggy,- Maltain, Sukey, 
 Handfome^ and Hannah ; and alfo, all thofe the 
 follbwihg horfes (that is to fay)> Guhthorpe, 
 Brown, Gatley, Squirrel, and Button ; and alfo, 
 all thofe khe following nnares (that h to fay), 
 jenny. Muggy, Phillis, Florenda, Europa, and 
 htr cplti and Guadaloupej and alfo a coir, 
 named Sarah, 6r fuch of the faid cattle, horfes, 
 arnd mares, as are now living; together alfo, with 
 all horfes, cattle, rhules, aiifd (lock, 6n the faid 
 Sugar-Work, Plantation ; and alfoy all thfe cop- 
 persy flillsi coolers^ ciftefiis, ^Ai'orrtiS, Worm* 
 tubs, pots^ drips,' (kimmers, lidlesy Waggons, 
 carts, arid other utenfils, ^hd appurtenances to 
 the faid Sugar- work l^lantatidn belonging, ot 
 in anywifc appertaining; and ^11 Other the lands, 
 tenements, or eftate Whatfoevfcr, of him the faid 
 A^— L— , pWrty heretoy and S— -^ his Wife, 
 br either of themy in the faid llland of Antigua, 
 and all ways, watersy Watcr-cdurfes, woods, 
 trees, paftureS, feedings, grolind, foil, profits, 
 perquifites, royalties, freedoms, franchifes, pri- 
 vileges, hereditaments, and appurtenances, to 
 the faid premifes, or any of them, in any Way 
 belonging, or appertaining,^ ot therewith now, 
 or heretofore ufed, occupied, or citjoyed, or Ac- 
 cepted, reputed, taken, or known to bfe pirr, 
 parcel. Or member thereof, or of any part of t\\t 
 fame, and the reverfion and reverfions; rbihnainder 
 and rerriainders, rents, iflues, and profits thcre- 
 bf; TO HAVE AND TO HOLD the faid 
 plantations^ or Sugar-worksj hfb'tifes^ buildings, 
 * ' lands, 
 
in KoRTH AmeHica^ kc. 4S3 
 
 iiihds, Negroes, flaVes, cattle/ horfes, mulesi 
 ^nd plantacion-utenfils, and other the heredita- 
 ments and premilTes whatfoevcr herein-before 
 mentioned^ with their and every of their appur- 
 tenances tinto the faid W L > his exe- 
 cutors, adnniniftratorsi and afTigns, from the day 
 next before the day of the date of thefe prefents, 
 for and during, and unto the full end and term 
 of one whole year from thence next enfuing, and 
 fully to be complete and ended; YIELDING and 
 PAYING therefore at the end and expiration of 
 
 the faid term^ unto the faid A L , and 
 
 S his wife, their executors, adminiftrators^ 
 
 and afTignsj the i-ent of one pepper-corn, if the 
 fame fhall be lawfully demanded, to the intent 
 that, by virtue of thefe prefents, and by force of 
 the ftatute for transferring ufes into poffeflion, 
 
 he, the faid W— — L , may be in the 
 
 a6tual pofTefTion of all and fingular the premifes 
 aforefaid, With their appurtenances ^ and may 
 thereby be enabled to take and accept of a 
 grant and releafe of the reverfion and inheritance 
 thereof, to him and his heirs, to the only proper 
 
 ufe and behoof of him the faid W L ■— > 
 
 his heirs and affigns for ever, as in and by a cer- 
 tain indenture, intended to bear date the day next 
 after the day of the date of thefe prefents^ and to 
 be made between the fame parties, the fame Ihall 
 be granted and rcleafed. And to the intent thefe 
 prelents may be duly recorded, acknowledged, 
 and regiftcred, and take efFedi according to the 
 laws of the faid Ifland of Antigua; they, the faid 
 
 A—— L and S his wifcj have made, 
 
 ordained, conflitutedj and appointed, and by 
 thefe prefents do, and each of them doth make^ 
 ordain, conditute, and appoint, the Honourable 
 
 *r J——— Efquire, S B Efquire, 
 
 and T— W-~- — Efquire, now refident in 
 
 I i 2 th« 
 
 ^^^v- 
 
 ■'i-'.-i'i 
 
 .■;i||'i' J 
 
 liiS 
 
 
 II'' 
 
 fl, \ 1 
 
 I' 
 
 
111 
 
 h 
 
 484 Conjlitutton of the British Colonies 
 
 the faid IQand of Antigua, jointly and fevcfallyi 
 to be their true and lawful attorney and attorniesi 
 for them, and in cithet" of their name or* names, 
 to appear before the Setl'ctary or Regifter of the 
 faid Ifland of Antigua^ ol* his lawful deputy, of 
 any other proper officer of the faid liland, to ac* 
 knowledge thefe prefciits to be the adts and deeds 
 
 of then! the faid A L-^— — and S his 
 
 \^ife, and the names arid feaU thereto fubfcribed 
 and affixed to be the h^nd^ slnd feals of them the 
 
 faid A ^ L and S his wife-, and 
 
 further, to do and perform tvety or any other 
 afl, matter, or thing iri the like cafes ac- 
 cuftomed, or which (Hall be heceflary for the 
 making thefe prefents valid arid effefliual in the 
 law, according to the true inteht and itieaning 
 
 hereof. In witnefs whereof, the faid A 
 
 L and S his wife, have hereunto, and 
 
 to one other part hereof, of the fame tenor and 
 date, fet their handl and feals the day and year 
 firft above WrittcDi 
 
 A ' L " ■« (Li S«) 
 S-^-^L— .-^ . (L.S.) 
 
 Sealed and delivered (bfc- 
 ing firft duly ftamped) 
 in the prefence of us, 
 
 J P ^ 
 
 G H . 
 
 In Chancery, 
 
 J P --i of the parifti bf St. Giles in 
 
 the i'ields, in the county of Middlefex, Gentle- 
 man, maketh oath and faiih. That he, this de- 
 pon'.^nt, is one of the fubfcribing WitnefTes to a 
 certain deed or writing hereunto Annexed j bear- 
 ing dat.rhc 7th day of Marchj in the year of our 
 Lord 1763, and made between the Hon* A— L— 
 
 late 
 
It;. . ii4l 
 
 /» North America, &c. 
 
 48J 
 
 late of the lOand of Antigua, but now of Ybungf* 
 bury in the Cognty of Hertford, in the kingdom 
 of Greac Britain, and S— — , his wife, of the one 
 
 part, and W L , late of the faid |i]an4 
 
 of Antigua, but now of Gerard- ftreet, Soho, i^ 
 the county of Middlcfcx, in the faid kingdom of 
 Great Britain, Efquire, of the other parr, pur- 
 porting to be a ]^eafe for a year of certain lands 
 and premifes in the parifh of 3c. Mary, and divi- 
 fion of Bermudjan Valley^ in the faid {(land of 
 Antigua : apd this Peponent fijrther faith. That 
 the laid A—- ]^ — - ^nd S~- L-r— / 4*^ 
 iign, feal, and deliver the faid deed or writing as 
 their aft and deed, in the prcfence of this Depo^ 
 
 nent, and of G H- — r> th? other fubfcrib- 
 
 ing witnefs to the faid cj^ed or writing ; and that 
 
 the names A — L — — and S— L , thercunt^ 
 
 fet and fubfcribed, are of the refpedliye proper 
 
 hands-writing of them the faid A— |^ and 
 
 S — L— — : and this Deponent furthef faith. That 
 
 the name J P appearing tp be fet and 
 
 and fubfcribed as one of the witncflTes to the faid 
 deed or writing, is the proper hand -writing of 
 
 this Deponent 5 and that the name G H ■ ■ 
 
 alisi^ appearing to be fet and fubfcribed as the 
 other VitrrcfV^O the faid writing, is of the proper 
 hand-writing of the faid G— H . 
 
 J — p — . 
 
 Sworn at the public office, 
 the i6th of Auguft 1763, 
 ^efore me^ 
 
 Samuel Pechell, 
 
 i6th Auguft 1763. This deed or parchnient 
 
 writing was produced, and (hpwn to J P-— — , 
 
 and is the fame mentioned and referred to in his 
 Affidavit this day fworn to by him, before me, 
 
 Samuel Pechell. 
 
 Ii3 
 
 i 
 
 ■ H; 
 
 
 im 
 
 I, ,. :-> ■■ 
 
 Ml Li 
 
 ifllB!!] 
 
 $ 
 
m 
 
 4^6 Conftituiion ef the British Colonies 
 
 INROLLED in hif Majcfty's High Court of 
 Chancery, the i6th day of Auguft, in the year of 
 our Lord 1763 (being firft duly (lamped), ac- 
 cording to the tenor of the ftatute, made in the 
 6th year of the reign of their late Majcfties King 
 William and Queen Mary, by 
 
 Humph. Hackshaw, 
 
 MEMORANDUM. The within Indenture 
 
 was acknowledged by T W , Efqj as 
 
 the rcfpeftive a6ts and deeds of 4. t« > 
 
 pfq; and S his wife, by virtue of a Power of 
 
 Attorney, the 9th day of February \y6^^ before 
 me, Edward Gamble, Reg, 
 
 RELEASE, 
 
 THIS Indenture, made the 8th day of March, 
 in the 3d year of the reign of our Sovereign Lord 
 George the Thirds by the Grace of God of Great 
 Britain, France, and Ireland I^ing, Defender of 
 the Faith, &c. and in the year of our Lord 17631 
 between the Honourable A ■ L — ^ late of 
 the Ifland of Antigua, but now of Youngfbury, 
 in the County of Hertford, in the Kingdom of 
 
 Great Britain, Efqj and S his wife, of the 
 
 one part, and W L » late of the faid 
 
 Ifland pf Antigua, but now of Gerrard Street;^ 
 Soho, in the County of Middlefex, in the faid 
 Kingdom of Great Britairi, Efqj hf the other 
 
 part : WHEREAS the faid A- L— being 
 
 juftly indebted to J B > late of the Ifland 
 
 of Antigua, but now of Grofvenor Street, in the 
 faid County of Middlefex, Efq; in the furh "of 
 .^604/. lawful money of Great Britain, heretofore 
 fecured upon the Plantations or fugar-works, 
 lands, and hereditaments herein after mentioned, 
 to be hereby rcleafed^ or fome part thereof, by 
 
 the 
 
Til kl 
 
 in North America, dec* 
 
 487 
 
 the raid A— L to F— P-^ and P— C— , 
 
 by way of mortgage for a terin of 500 years, by 
 Indenture bearing dat« the 1 9th day q{ Septem- 
 ber 1753, which hk\ mortgage wa^ afterwards, 
 on the i9ch d^y of September 1756, affigncd to 
 the faid J 9- , the faid W— ^ 
 
 i; 
 
 hath, at the re q up ft, and by and with the confent 
 
 and diredfcion of the faid A L , paid to 
 
 the faid J— — P— the faid fum of 3604/. and 
 all intercfl: due thereon 5 in confideration whereof, 
 
 thp faid J B hath agreed to afllgn hjs 
 
 intcrcft in the faid mortgaged premifes to the faid 
 
 W L , or to fuch perfon as he (hall di- 
 
 rcSt: AND WHEREAS, on the loth of September 
 175^, the faid A L * confelTed adjudg- 
 ment in the jCourt of Cqmmon Pleas in the faid 
 
 lUand qf Antigua^ to D the elder, 
 
 ^n)d W 0-— — y in an adlion of debt upop 
 
 bond, of t}^ p/?na)^y of 8072/, of lawful money 
 pf Great Britaip, ancj t|]pre remaining due from 
 
 the faid A iL—r- ? on the faid judgment, thjc 
 
 fum of 3341/. 5/. id' of like lawful money, 
 
 the faid W^ X. '- hath, ajC the requeft, and 
 
 by and vyrith thjt confent and dircdion of the faid 
 A — — L^— -^ paid the fum of 3341/. 55. id, 
 and hath taken an aflignment thereof to l|imfeifl 
 or fome perfon in trufl for him: ANp^HEREAS 
 
 jthjc faid A L-r— is alfo jullly indebted to 
 
 the faid W L — — in the fum of 6poo/. of 
 
 like lawful mpney of Great Britain, together with 
 an ^rrear of intereft, in refpedl thereof fecured 
 to the faid W L , upon the faid Planta- 
 tions or fugar-works, lands, and herediramei^ts, 
 by way of mortgage thereof in fee, by virtue of 
 certain Indentures of Leal'e and Rclcafe, bearing 
 date refpedlively the 17 th and i8th days of July, 
 in the year of our Lord 1759, ^^^ roade, or men- 
 
 I i 4 tioncd 
 
 ^^H! 
 
 r- 
 
 I 
 
 
 \jl 
 
 n 
 
 
 1 
 
 1 
 
 
 
 HH 
 
 «i 
 
 ^I'fl^'' 
 
 ffi 
 
 
 
 
 
 mr 'T' 
 
 fii 
 
 
 
 W '^ 
 
 V! 
 
 ^' M" 
 
 7 J 
 
 \ '' 
 
 m 
 
 |: j 
 
 mi 
 
488 Conftitution of thi British Colonist 
 
 tionied to be made, between the faid A— L~-« 
 of the one part, and the faid W— — L—- - of 
 the other part : AND WHEREAS the fJiid 
 
 W L hath advanced and lent to the 
 
 faid A L , the fum of 60/. jos» over 
 
 and befides the three feveral fuais before men- 
 tioned : AND WHEREAS there now remains 
 
 due to the faid W L from the faid 
 
 A—— L , for principal and intereft to the 
 
 day of the date hereof, on the three feveral fccu- 
 ritics herein before mentioned, together with the 
 faid fum of 60/. loj'. the fum of 1^,380/. of like 
 lawful money of Great Britain : AND WHEREAS 
 
 the faid A L is likewife juftly indebted 
 
 to the feveral perfons herein after named, in the 
 feveral fums of money upon the feveral fecurities 
 herein after mentioned or expreHed (that is to fay) 
 
 to R G ' of London, merchant, in the 
 
 fum of 2663/. of like lawful money of Great 
 Britain, for fecuring the payment whereof, with 
 intereft, the faid A—— L hath executed a 
 
 Warrant of Attorney, to confefs judgment to the 
 
 faid R G— — in the faid Court of Common 
 
 Pleas in the faid Ifland of Antigua, bearing date 
 the cth day of November, in the year of our 
 Lordf i;62, which faid Warrant of Attorney hath 
 
 been tranfmitted by the faid R G to 
 
 the faid Ifland of Antigua, in order to enter up 
 
 Judgment thereon : To J B of the parifh 
 
 of Stepney,' in the fum of 992/. of like lawful 
 money, for part of which faid fum of 992 /. bein^ 
 
 the fum of 775 /, 13 J, 4^. the faid J B 
 
 hath recovered a judgment againft the faid A— 
 
 L , and for the remainder thereof, being the 
 
 fum of 216. /. 6 /, 8 d, the faid A L — — hath 
 
 given his note of hand to the faid J B ; 
 
 To R K— — of the faid Ifland of Antigua, 
 
 Gentleman, 
 
h North America, &e. 
 
 489 
 
 Gentleman, in the fum of 690/. of like hwful 
 money of Great Britaini for fccuring the payment 
 
 whereof, the faid A L hath entered 
 
 into a bond or obligation to the faid R — K , 
 
 bearing date the 28th day of April, in the year 
 of our Lord 1760, in the penalty of 1262 /. id.z 
 
 To J D in the fum of 485 /, of like 
 
 lawful money, for fecuring the payment whereof, 
 
 the faid A L hath entered into a bond 
 
 or obligation, bearing date the 3d day of June, in 
 
 the year of our Lord 1760; To R — M of 
 
 London, merchant, in the fum of 325 /, of like 
 lawful money, for fecuring the payment whercofj 
 
 the faid A— — L hath given his note of 
 
 hand to the faid R — — M— — , which faid fcveral 
 
 debts, fo due from the faid A L — ^— to 
 
 R G , J B , R K , 
 
 J , and R M , amount in the 
 
 whole, with intereft computed thereon as afore- 
 faid, 10 the day of the date of thefe prefcnts, to 
 the fum of 5155 /. AND WHEREAS there are 
 fcveral rents charge, or yearly fums ifTuing and 
 payable out of the faid Plantations and heredita- 
 ments herein after mentioned, to the feveral pcr- 
 fons herein after named (that is to fay) To 
 
 C J and A J his wife, during 
 
 their joint lives, and the lives of the furvivor, the 
 yearly fum of 100/, of lawful money of Great 
 
 Britain : To C B for her life, the yearly 
 
 fum of 22 /, of like lawful money : To A — L-*- 
 for her life, the yearly fum of 75 /. of like lawful 
 
 money : To the faid A L , fhe having 
 
 furvived her hufband T L , a further 
 
 annuity of 80/. per annum, of like lawful money 
 
 of Great Britain, and to J L- , if fhe 
 
 furvives her hufband A — ^— L the younger, 
 
 the yearly fum of 200 /. of like lawful money of 
 
 Great 
 
 f. 
 
 # 
 
 
 III; 
 
 HI _ I 
 
 f I 
 I ." I 
 
 I 
 
4QO Confijfu^ion of the BaiTiSFf Colonies 
 
 preat Britain ; and C B- 
 
 is entitled to 
 
 a grofs fum of 800/. Antigua currency, if fhe 
 
 Ihall furviye her huifb^nd J— B -, and to the 
 
 intereft thereof after the rate of 6 /. per cent, per 
 ^nmm, Antigua currency, in the mean tioie re- 
 fpedivcly charged on the fame Plantation and he- 
 reditaments: AND WHEREAS the faid fpveral 
 rents, charge, or yearly funns, together with the 
 faid grofs fum of 800/, payable upon the contin- 
 gency aforcfaid, with fuch intereft for the fame 
 jn thp mean time, as herein before js mentioned, 
 |iayc been eftimated and valued by the faid 
 
 ^--— r- L , party hereto, and W ' L , 
 
 ^t the fuip of 34:^9/. of lawful money of Great 
 ^Britain; ANp WHEREAS there is now due to 
 .jhe faid' C-^-— J— r-> for his faid annuity^ from 
 the faid A-r-rr- p— , the fum of j.qo/. of like 
 |awfi|l money of Great Britain, and tp the faid 
 Jp-- — ^ B— ^^ the fum of 50 /. of lijce la\yful 
 inoney, which the faid W— — Lt~- hath, 4t 
 jhe req^ueft of ithe faid A— — L— r-, agreed tq 
 pay for him : ANP WHpREAS the faid W— 
 %*r — — h^th con traded wjth the faid 4"~ J-— -r» 
 party hereto, fpr thp abipjute purchafe of the in- 
 heritance Id fee fimplc, and equity of redfmptiofi 
 o£ the faid Plantation or fug^r-^ork, lands, and 
 Jijereditamcflts herein after fnentioned, to b,e here- 
 by releafed, fpbjedl to, 4nd charged and charge- 
 fible with the payment of the faid feyeral jdebt^ 
 herein before mentioned to anripunt to the fum 
 P^x 8,535/. *"^ of jhe f^id feyera) rienrs, charge, 
 ,9pd grois fum of 800 /. payable upon the con- 
 tingency aforefaid, and with fuch intere^ in the 
 |i[)ean time, as herein before is mentipned, and 
 p( t/ie faid two fums of 100/. due to the faid 
 
 C- J — ^, and 50/. due to the faid C 
 
 B-rr-— , at or for the price or fym pf a^jOoo /. of 
 9 lawful 
 
fy North Ai(erica> &c, ^91 
 
 lawful money of Great Britain ; and it hath bccf| 
 agreed between them^ that the faid W — - |-r— » 
 fhall retain to his own ufe, put of the faid pur-, 
 chafe-money^ the faid fum of 13,3^0/. in fatif* 
 fadtion and difcharge of the fevcral debts herciii 
 before mentioned, to be due and owing to him 
 as aforefaid. AND ALSO the faid feveral fum^ 
 of 5155^' ^^d 3439 ^o *^ * compenfation, for 
 and towards fatisfaCtion and difcharge of the fe- 
 veral other debts herein before mentioned, and 
 of the faid feveral rents charge, or yearly iums, 
 and other money, and alfo the faid two funis of 
 100 1, and 50/. herein before mentioned, which 
 
 the faid W— — L hath undertaken to pay. 
 
 And the faid Plantations or fugar-work, and here- 
 ditaments, are intended to remain fubjedl to, and 
 charged and chargeable therewith 5 and that the 
 fum of 1876 /., refidue of the faid fum of 24,000 /., 
 (hall be fccured to be paid to the faid A — L—, 
 
 party hereto, by the faid W L , by his 
 
 pond or obligation, bearing even date herewith. 
 NOW THIS INDENTURE WITNESSETH, 
 that for and in fatisfadtion and difcharge of the faid 
 fevcral fums of money, and intereft herein before 
 mentioned, to be due and owing to the faid 
 W-^ L — y amounting, in the whole, to the funi 
 of 13,380// of lawful money of Great Britain, 
 and agreed to be retained by him out of the faid 
 24,900/. $ and for and in confideration as well of 
 the faid feveral further fums of 5155/. and 
 3439/., o?:hcr part of the faid purchafe money, 
 retained by the faid W—- L — » in compenfation 
 for, and towards fatisfacfbion of, the iaid feveral 
 other debts, rents-charges, and other money, as 
 alfo the faid two fums of 100/. and 50/. herein 
 before mentioned, to be due to C — J— and 
 ^— p — , which the faid W— L— hath under- 
 ' • takeii 
 
 ■>*/ 
 
 'I 
 
 Mil 
 
 
 t.':::a'-:iL:'ii 
 
^92 Cenflitution of the British CotoiiiEs 
 
 taken to pay and difcharge : AND ALSO th« 
 further Aim of 1876/. oF like lawful money of 
 Great Britain, being the remainder of the faid 
 fum of 24,000/., fecured to be paid by the faid 
 W — L — to the faid A— L — , party hereto, in 
 the manner herein before mentioned, with which 
 
 faid fecurity the faid A L doth hereby 
 
 acknowledge himfelf to be fatisfied and content, 
 and doth declare the faid fix fevcral fums of 
 
 i3>38o/., 5i35A» 3439^-» io®^-» p/, and 
 1876/. — amounting together to the faid fqm of 
 24,000/,— of lawful money of Great Britain, to 
 be the full confideration for fuch purchafe a$ 
 aforefaid, and thereof, and of and from every 
 part thereof doth acquit, releafe, and difcharge 
 
 the faid W L > his heirs, executors, 
 
 and adniiniflrators ; and alfo for and in 
 confideration of the fum of lOJ. of like law- 
 ful money by the faid W L , to 
 
 the faid A L > party hereto, and S— - 
 
 {lis wife, in hand, at or before the fsaling and 
 delivering of thcfe preftnts, well and trgly paid, 
 the receipt whereof is hereby acknowledged. 
 
 THEY the faid A L-r — , party hereto, 
 
 and S his wife, HAVE, and each of them 
 
 HATH granted, bargained, fold^^ aliened, re- 
 leafed, and confirmed> and by %Mc prefents DO, 
 and each of them DOTH grant, bargain, fell, 
 alien, releafe, and confirm unto the fajd W — — 
 L— (in his aftuaj poflclfion now being, by 
 virtue of a bargain and fale to him thereof made, 
 
 by the faid A L and S his wifej 
 
 for five (hillings apiece confideration, by ipcjen- 
 ture bearing date the day next befoi:e the day of 
 the date of tht^fe prefents, for one whole year-, 
 commencing from the day next before the day of 
 the date of the fame indenture of bargain and 
 fale, and by force of the llatute for transferring; 
 
 xifes 
 
in Worth America, fee* 
 
 493 
 
 lifeS into po0cflion) and to his ' eirs and afllgnsj 
 ALL THAT PLANTATION, or parcel of 
 land, of him the faid A — L— , fituate, lying, 
 and being in the parifli of St. Mary^ and divifion 
 of Bermudian V^ alley, in the faid Ifland of Anti- 
 gua, containing, by eftimation^ 450 acres of 
 land, be the fame more or lefs, butted and 
 bounded to the north with the eftate late of J— 
 F — deceafcdj and F — F — ; eaft, with Dark 
 Valley i now in polTeflion of J — W — and J— 
 F — J fouth, with the eftate of C — J — deceafed^ 
 and lands of W — B — i and with part of the 
 lands of ^ — P — j and weft^ with part of the 
 eftate of J — F — , the pond, and part with lands 
 of A — P — 5 or however otherwife the fame is 
 butted and bounded, lying or being : And alfo 
 (he dwelljng-houfe and outhoufes thereto belong- 
 ing, and the windmill, boiling-houfe, curing- 
 houfe, ftill-houfe, and all other buildings what- 
 foever, ere6^ed upon the faid Plantation : AND 
 alfo all fugar*-copperSi ftills, ftill-headsj worms, 
 worm-tubs, carts, carriages, and all other plant- 
 ation utenfils, of what nature or kind foever, to 
 the fame plantation belonging, or in any wifi* 
 appertaining: AND ALSO all that other 
 Plantation, or parcel of land, of him the laid 
 A — L — , called S — V — ; and G — , fituate in 
 the fame divifion and pariQi, containing, by efti- 
 mationj thirty-five acres or thereabouts, be the 
 fame more or lefs, butted and bounded to the 
 weft by the fea j to the eaft, with lands of A— 
 P — ; to the north, with the pond ; and, to the 
 fouth, with other lands of the faid A — L — , at 
 the pitch of Grab Hill, or however otherwife the 
 fame is butted and bounded, lying or being : 
 AND ALSO all that other Plantation, or'parcel 
 of landj of him the faid A — L — > called C — 
 
 
 111 
 
 ■K 
 
 I 
 
 " ■} 
 
 
 ■ 
 
 '■ I'll ■ ' 
 
 ! I. 
 
 )i 
 
 ii: r'l 
 
 m ?, 
 
 
 (^ \-': 
 
 
 !■ ■ i ■ 
 
4^4 tonfiihtttctt of tht fiRirisH CbLoNiti 
 
 V — , and C — j fituatc \n the divifion of Old 
 Road, and parilh of St^ Mary, in the faid ifland, 
 containing; by eftimation, no acres of land, or 
 thereabouts, be the fame rhore or lefs, butted 
 and bounded to the weft with the fcaj to the 
 cafts partly with lands of J— D — , and partly 
 With lands of W-^ B-r-j to the fouth> with lands 
 of the faiu J-^ D — j and, to the north; with 
 
 lands of T U- ; lands of P D , 
 
 and other lands of the faid A— L— ^ i or how- 
 ever btherwife the fame is butted of bounded, 
 lying or being : And alfo all thofe the Negroc 
 (laves following (that is to fay)^ feteri Dickey, 
 JFreildh, Pero (with feVenty-nine others named 
 in the deed), being men i Moll, Sidneys Trefe, 
 Qualheba (with eighty-four otheri named in 
 the deed)> being women i Ifaac, Valentine, 
 Quafliey, Frederick (with twenty-one others 
 ftamed in the deed), being boys i arid Sam^ 
 l^icat-ti a Muilce boy j Nanny, Hannah, 
 l^ittle Bettys (with forty others named in 
 the deed) being girls 3 and Bonney, a Muftee 
 girl; or fuch of the faid Negroe flaves as are 
 now living, together with all the iffues and in- 
 creafe of all and every the faid female Negroe 
 idaves now borrtj of hefcafter to be born ; and 
 alfo two bulls, named Creole, and March j and 
 alfo all thofe the following oxen> that is to fay, 
 Tom, Butcher, Spaniard, Aberdeen, (with thir- 
 ty-^hree others named in the deed) ; and alfo 
 all thofe the following cows (that is to fay) Befs, 
 Torey* Ifabella^ Mirah^ (with twenty-nine others 
 liamed in the deed) -, and alfo all thofe the follow- 
 ing fteerij (that is to fay) Duke, Man of War^ 
 Swagger^ with ten others named in the deed) -, 
 and alio all thofe the following bull calves (that 
 is to fay), Sunday, Monday^ H«rryj Bright, and 
 i Drainer J 
 
i^ NoRT k America, &c. 49^ 
 
 Cfaincr; and alfo atl thofe the following cow 
 calves (that is to fay), Peggy, Mattuin, Siikey, 
 Handfonne, and Hannah j and alfo all thofe the 
 following horfcs (that is to fay) Gunthorpfi 
 Brown, Gantley, Squirrel, and Button } and alfo 
 all thofe the following mares (that is to fay) 
 Jenny, Miiggy, PhiHis> Florenda, Europa and 
 her colt, and Guadaloupe, and alfo a colt named 
 Sarah, or fuch of the faid cattle, and horfes, and 
 rtri^rcs as are notiV livingj together alfo with all othef 
 horfes, cattle, mules, and (lock on'the faid Sugar- 
 ^ork Plantation ; and alfo all the coppers, ftiUs^ 
 coblersi ciderns, worms, worm-tubsj potsj dri{>S| 
 fkimmers, ladles, ^aggonsj carts, and other 
 pteiifils and appuftenances to the faid Sugar- 
 work Piantatidn bfelongingj or in any wife ap- 
 pertaining ; and ^11 other the iands^ tdnementsj 
 
 or eftate whatfocver of him the faid A- — - L j 
 
 party hereto, and S-^ his wifcj or either of 
 
 thems in the faid IQand of Antigua^ and all waysf 
 waters j water- courfes, woods^ trees, pallureS^ 
 feedings, ground, foil^ profits, perquifites, roy-t 
 kXu^Sy freedoms, franchifes, privileges^ heredita-s- 
 rhents, and appurtenances to the pfemifesj ot 
 any of rhem, in atiy way belonging or appertain- 
 ing, or therewith now or heretofore ufed, occu- 
 pied, or enjoyed^ ot accepted^ reputed, taken^ 
 or known to be part, parcel, or member thereof^ 
 or of ^ny puh of the larticj ihd the reverfion and 
 revcrfionsi remainder and remainders, rents^ 
 ifftrcs and profits thereof $ and alfo, all the eftate^ 
 right, titles ifiheritance> equity of redemption^ 
 tife*, truft, interred, cbimj or demand whatfo- 
 iftver, cither at kw or in equity^ of them the faid 
 
 A—— L , party hereto, and S— — his wife, 
 
 dr citHr of them, of, in> to, or out of the faid 
 l^lantitironsi fugai**works, meiruagcs, 4ands, tene- 
 ments^ 
 
 ■ !l :i 
 
 i ' 
 
 .»:; , 
 
 '1 -^ .. • ' 
 
 nu 
 
 W:'- 
 
 Wm 
 
 ft 
 
 ill 
 
 J 
 
49^ Conjlitution of the British CoLO^isft 
 
 mcnts, Negroes, flaves, and prcmiflbs, with thcif 
 and every of their appurtenances, or any of them, 
 or any part of the fanne, and all deeds, evidences, 
 and writings whatfoever relating to the fame 
 fcveral premifes, in their or cither of their 
 cufiody or power, to come by without fuit at 
 law or in equity j TO HAVE AND TO 
 HOLD the faid Plantations^ or fugar-works, 
 houfes, buildings, lands^ Negroes, (laves, cattle, 
 horfes, mules, and plantation utenfils, and other 
 the hereditaments and premifes whatfoever men- 
 tioned to be hereby granted and releafed, with 
 fhcir and every of their appurtenances, unto the 
 laid W . L--— -> and his heirs, and affigns, 
 to the only proper ufe and behoof of the faid 
 
 W L i his heirs, and aflignces for ever, 
 
 and to and for no other ufe, intent, or purpofe 
 
 whatfoever; and the faid A— L j party 
 
 hereto for himfelf, his heirs, executors, and 
 adminiflrators^ DOTH covenant, promife and 
 
 grant to and with the faid W L , 
 
 his heirs and affigns, by thefe prefencs, in the 
 manner following (that is to fay) that for and 
 notwithftanding any aet^ matter, or thing what- 
 foever by them the faid A— L — i party 
 
 hereto, and S— — , his wife, or either of them, 
 heretofore done, or wittingly fufFered to the con- 
 trary, THEY the faid A L , party here- 
 to, and S — — his wife^ or one of them now at 
 the time of the fealing and delivery of thefe 
 prefcnts, are and (land, or is and ftandeth law- 
 fully and rightfully feized of and in the faid 
 Plantations, fugar-works, melTuages, lands, Ne- 
 groes, Mulatto (laves, hereditaments, and pre- 
 mifes, with their and every of their appurte- 
 nances, of a good, fure, perfeft, and abfolute 
 citate of inhericance^ without any manner of 
 
 con'* 
 
,'»B 
 
 in North America, &c. 
 
 497 
 
 condition contingent, provifo, power of limi- 
 tation, of nt.v', or other ufe, or ufesj or other 
 reftraint, matter, or thing, to alter, change, 
 charge, or defeat the fame; and alio, that for 
 and notwithftanding any fuch a<5l, matter, or 
 
 thing as aforefaid, they the faid A L , 
 
 party hereto, and S his wife, have in 
 
 themfelves good right, full power, and lawful 
 and abfolute authority by thefe prefents, and 
 the acknowledgment of them the faid A— ■ 
 L— — and S— - his wife, intended to be taken 
 in fuch manner as the fame is intended to be in- 
 dorfed on thefe prefents, to releafe and afTure 
 
 unto and to the ufe of the faid W— — L , 
 
 his heirs and affigns, the fame Plantations and 
 premifes according to the purport, true intent, 
 and meaning of thefe prefents. AND FUR- 
 THER, That he the faid W L , his 
 
 heirs and affigns Ihall, and lawfully may, from 
 time to time, and at all times hereafter, peace- 
 ably and quietly have, hold, ufe, occupy, poflefs, 
 and enjoy all the faid Plantations, fugar-works, 
 houfes, buildings, lands, Negro and Mulatto 
 flaves, hereditaments, and other the premifes 
 whatfoever, with their and every of their appur- 
 tenances, without the let, fuit, hindrance, interrup- 
 tion, or denial of them the faid A L , 
 
 party hereto, and S his wife, or either of 
 
 them, their or either of their heirs or affigns, or 
 of any other perfon or perfons whomfoever, law- 
 fully claiming, or who (hall or may claim by, 
 from, or under him, her, them, or any, or either 
 of them, or any of their anceftors, and that free 
 and clear, and freely and clearly acquitted, exo- 
 nerated and difcharged, or otherwife well and fuffi- 
 ciently faved and kept harmlefs, and indemni- 
 fied by the faid A L , and S his 
 
 K k wife. 
 
 " 1 
 
 "I .' 
 
 :i. 
 
 >■■■, . 
 
 }, ■ 4 
 
 •illi!! 
 
 
 ,. ■ k 
 
 itiiVi 
 
 flf'iH^ 
 
 rrl 
 
 m 
 
 

 liHi 
 
 
 I^H 
 
 
 i^^R 
 
 
 
 
 
 
 ^^Hom 
 
 
 wm 
 
 I* 
 
 m 
 
 I 
 
 498 Conjiitution of the British CctLomtt 
 
 wife, their heirs, executors, and adminiftratort, 
 of and from all former and other gifts, grants, 
 bargains, fales, mortgages, jointures, dowers, 
 ufes, intails, rents, arrears of rent, ftatutes mer- 
 <ihant, and of the ftaple, judgments, recogni- 
 zances, tides, charges, and incumbrances whatfo- 
 €ver, had, made, done, committed, or fuffered 
 
 by the faid A L », and S— his wife, 
 
 or cither of them, or by, through, or with their 
 or cither of their acl or a6ls, means, confent, 
 privity, or procurement, fave and except the 
 leveral charges and incumbrances herein before 
 mentioned. AND MOREOVER, That the 
 
 laid A— — L , party hereto, and S— — his 
 
 wife, their heirs and afligns, and all other perfon 
 and perfbns whatfoever, now having or claiming, 
 Or which at any time hereafter (hall or may have 
 or claim any eftratc, rights title, trufl-> op intcreft 
 of, in, to, or out of the faid lands, plantations, 
 fbgar-works, houfes, buildings, hereditaments, 
 and other the premifes, with the appurtenances, 
 or of, in, to, or out of any part, or parcel there- 
 of (other than and except the fcveral perfons 
 claiming the faid feveral debts, rents, charge, 
 and other money, which the fame feveral pre- 
 mifes are intended to remain charged and charge- 
 able with in refpe<5t thereof only), fhall and will^ 
 from time to time, and at all times hereafter, 
 at the requcft*, and at the cofts and charges in the 
 law of the faid W— *— L — — , his heirs or 
 affigns, make, do^ acknowledge, fuffer, and ex- 
 ecute, or caufe or procure to be made> done, 
 acknowledged, executed, and fufffered> all and 
 every fuch further andathcr reafonable aft^ and* a<fts, 
 thing and things, device and devices, aflurancc 
 and alTurances in the law ili^hatfoever, for the fur- 
 ther, better, and more perfect an^ abfolme af- 
 
 furing, 
 
iti 
 
 in North America^ Stc. 
 
 499 
 
 furing, Aire -making, conveying, and confirming 
 of all the faid plantations, lands, hereditaments, 
 and prcmifes, with their and every of their ap- 
 purtenances unto and to the ufe of the faid 
 
 W— — L i his heirs and affigns for ever, as 
 
 by the faid W— — L , his heirs or afllgns, 
 
 or by his or their Counfel learned in the law fhall 
 be reafonably devifed, advifed or required, fo as 
 fuch further afTufances contain in them no fur« 
 ther or other covenants or warranty, than again ft 
 the perfon or perfons who fhall be required to 
 make and execute the fame as his, her and their acts 
 and deeds, and fo as no perfon be compelled or 
 compellable to travel, or go from the ufual place 
 of his, her, or their habitation or abode for the 
 doing thereof. And the faid A — — L— , par- 
 ty hereto, doih hereby for himfelf, his heirs, exe- 
 cutors and adminiftratorsy further covenant, pro- 
 m-ife, and agree to and with the faid W 
 li«*— ', bis executors^ adminiftrators and adigns, 
 that the faid fuim of 1876I. fecured to be paid 
 
 oy the faid W L — - to the fame A- — • 
 
 L— , as hereia before mentioned, as ami for 
 the remainder of the purchafe-nFvoney for the pre- 
 mifes, fl:^all remain and continue m the hands of 
 the faid W — — L— until fuch time as the 
 faid W " ■■ L ' > his heirs or aflfigns, or fome 
 pcrfoft or perfons di^ly authorized and im powered 
 by and under him or them, (hall have fearched 
 the Regifter's or Secretary's Office of the faid 
 I (land of Antigua, in order to be fatrsfied what 
 charges or incumbrances now afFeft the faid 
 feveral premifes mentioned, to be hereby re- 
 leafed, or any of them ; and in cafe upon fuch 
 iirarch any fuch incumbrance or charge fhall be 
 found, the payment whereof is not hereby provided 
 
 for, that then, and in fuch cafe, the faid W 
 
 K k a I' 
 
 
 IM . i 
 
m 
 
 500 Conpitution of the BRitisH Colon i es 
 
 L (hall and may be at liberty, and is hereby 
 
 impowercd to pay and apply fo much of the faid 
 fum of 1876 1. in payment and fatisfadtion of 
 fuch charge and incumbrance as aforefaid, PRO- 
 VIDED the fame money will extend to pay the 
 fame ; but in cafe fuch charge and incumbrance 
 Ihall exceed the faid fum of 1876I. now remain- 
 ing in the hands of the faid W L , 
 
 THEN, and in fuch cafe, the fccurity fo given 
 by him for the payment of the faid fum of 1876I. 
 ihall ceafe, determine, and be void to all intents 
 and purpofes as if the fame had not been made ; 
 and thefe prcfents, and the grant and releafe 
 hereby made, (hall from thenceforth be and 
 
 enure, and the faid W L , his heirs and 
 
 alTigns, (hall (land and be feized of the faid 
 feveral plantations, fugar- works, meflTuages, 
 Jands, hereditaments, and premifes, fubjedt to 
 
 redemption by the faid A L , party 
 
 hereto, his heirs, executors, or administrators, 
 
 on his or their paying to the faid W L , 
 
 his executors, adminiftrators, or affigns, the faid 
 feveral debts amounting to the fum of 13,380!. 
 herein before mentioned to be due and owing to 
 him, with the intereft thereof, within three calen- 
 dar months then next enfuing ; and the faid 
 
 W— L doth hereby for himfelf, his heirs, 
 
 executors, and adminiftrators, covenant, promifc 
 and agree to and with the faid A*^ — L— -, 
 party hereto, his heirs, executors, and admini- 
 ftrators, that in cafe upon fuch fcarch as aforefaid, 
 no charge or incumbrance (other than fuch as are 
 hereby provided for the payment of) exceeding 
 the refidue of the faid purchafe-money agreed to 
 
 remain in the hands of the faid W L — — 
 
 (hall appear to afFe6t the faid feveral premii'es, or 
 or any part thereof, THEN, and in fuch cafe, 
 
 he 
 
in North America, &c. 
 
 SOI 
 
 he the faid W— — L , his heirs, executors, 
 
 adminiilrators, and aHigns, fhail and will, from 
 time to tinie, and at all times hereafter, bear, 
 pay, and dilcharge alt and lingular the faid fums 
 of money, rents, charge or yearly fums, and other 
 charges herein before mentioned and recited to 
 be due from, and payable by the faid A — — 
 
 L , party hereto, together with all intereft 
 
 that may hereafter become due thereon j and alfo 
 Ihall and will, from time to time, and at all 
 times hereafter, well and fufficiently fave harm- 
 
 lefs, and keep indemnified the faid A— — L , 
 
 his heirs, executors, and adminiflrators, and his 
 and their goods and chattels, lands and tenements; 
 of, from, and againft all fuch cofls, charges, da- 
 mages and expcnces as ihall or may at any time 
 hereafter be recovered againft, or be fuftained, 
 expended or become payable by him or them, for 
 or by reafon or means of the non-payment of 
 the faid fcveral fums of money, rents charge or 
 yearly fums, and other charges and incum- 
 brances herein before recited, or any part thereof. 
 AND to the INTENT that thefe prefents may 
 be duly recorded, acknowledged and regiftered, 
 and take cfFedt according to the laws of the faid 
 
 Ifland of Antigua, they the faid A—— L , 
 
 and S— — his wife, HAVE made, ordained, 
 confticuted and appointed, and by thefe prefents 
 DO, and each of them DOTH make, ordain, 
 
 ftitute and appoint the Honourable T T , 
 
 Efq.S B- -y tfq. andT W— .» E^q. 
 
 now refident in the faid Ifland of Antigua, jointly 
 and feverally to be their true and lawful Attor- 
 ney and Attorneys for them, and in any of their 
 name or names to appear before the Secretary or 
 Regifter of the faid Ifland of Antigua, or his 
 lawful Deputy, or any other proper OfRccr of 
 
 K k 3 the 
 
 fldia! 
 
 -il 
 
 > 
 
 1 ' 
 
 
 Mm 
 In 
 
5.02 Ccnjlitution $f the British Colon 12s 
 
 the faid Ifland, to acknowledge thefis prcfents to 
 to be the ads and deeds of thcnn the faid A — — 
 
 L , party hereto, and S his wife, and 
 
 the names and feals thereto fubfcribed and afHx- 
 cd to be the hands and feals of thenr\ the faid 
 
 A — — L , party hereto, and S-^— his wife. 
 
 AND FURTHER, to do and perform every 
 or any other adl, matter, or thing in the like 
 cafes accuAomed, or which (hall be neceflfary for 
 the making thefe prefents valid and effedual in 
 the law, according to the true intent and mean- 
 ing thereof. IN WITNESS whereof, the faid 
 parties have hereunto, and to one other part 
 i^hereof, of the fame tenor and date, fet their 
 hands and feals ^ the day and year tirft above 
 written. 
 
 A L— . (L.S.) 
 
 S-.^ L— ^. (L.S.) 
 
 Sealed and delivered (being firft duly 
 fiampt) in the prefence of us^ 
 
 J— P 
 
 G H . 
 
 BE IT REMEMBERED, That on the 8th 
 day of March 1763, before me Sir Charles Pratt, 
 Knt. Chief Juftice of his Majefty*s Court of 
 Common Pleas, perfonally appeared A— — 
 
 Ij^.i . and S his wife, parties to the 
 
 within written Indenture, being the grantors 
 therein named, and did then feverally acknow- 
 ledge before me, that the within written Inden- 
 ture was their refpcctive adt and deed, and was 
 by them refpeftively duly executed, in order and 
 to the intent that the fame Indenture, together 
 with this prcfent acknowledgment thereon had, 
 may be efifedlual to bar all intails^ and p^fs all 
 
 cflate, 
 
in North America, &c, 
 
 50J 
 
 cftate, right, title and intercfl of them the faid 
 
 A L and S— his wife rcfpedtivcly, qf 
 
 and in the Plantations or Sugar Works, Mcflq- 
 ages. Lands, Hereditaments^ Slaves, Cattle and 
 other things comprized in the within written In- 
 denture, and therein mentioned to be thereby 
 
 granted and releafcd (the faid S being folely 
 
 examined by me, and confenting thereunto) 
 which I atteft under my hand the day and year 
 above written, in my aforcfaid capacity. 
 
 C. PRATT. 
 
 In Chancery. 
 J P— 
 
 of the Parifh of St. Giles in 
 
 the Fields, in the County of Middlefex, Gent. 
 maketh oath and faith^ That he this deponent is 
 one of the fubfcribing witnefles to a certain deed 
 or writing hereunto annexed, bearing date the 
 8th day of March, in the year of our Lord 1763, 
 
 and made between the Honourable A— L , 
 
 late of the Idand of Antigua, but now tyf Youngs- 
 bury in the County of Hertford, in the Kingdom 
 of Great Britain, and S— his Wife, of the one 
 part, and W— L— , late of the faid Idand of 
 Antigua, but now of Gerard- ftrcet, Soho, in the 
 County of Middlefex, in the faid Kingdom of 
 Great Britain, £fq; of the other part, purporting 
 to be a rcleafe of certain lands and premifes in 
 the parilh of St. Mary and divrfion of Bermudian 
 Valley in the faid Ifland of Antigua. And this 
 
 deponent faith. That the faid A L and 
 
 S L did fign, feal and deliver the faid 
 
 deed or writing, as their ad and deed, in the pre- 
 
 fence of this deponent, and of G H— — , the 
 
 other fubfcribing witnefs to the faid deed or writ- 
 ing; and that the names A — — L— — and 
 S— — t.— — thereunto fet ai^d fybfcribcd, are 
 
 IS^k^ of 
 
 n%M 
 
w 
 
 504 Conftitution of the British Colonies 
 
 of the rerpeft've proper hands-wriiing of them 
 
 the fad A L and S L — -, And 
 
 this dcponrnt further faith, That the name J— — 
 f— — , appearing to be fct and fubfcribcd as one 
 of the witneffes to the faid Deed or writing, is 
 of the proper hand- writing of this deponent. And 
 that the name G — — H— — alfo appearing to be 
 fet and fubfcribed as the other witnefs to the faid 
 deed or writing, is of the proper hand-writing 
 of the faid G H . 
 
 Sworn at the Public Office 
 the i6thofAuguft 1763, 
 before 
 
 Sam. P£CH£LL* 
 
 l6th of Auguft 1763. This Deed or parch* 
 ment-writing was produced and fliewn to J- 
 
 P — — , and is the fame mentioned and referred 
 to in his affidavit this day fworn to by him before 
 me, 
 
 Sam. Pechell, 
 
 INROLLED in his Majcfty's HJgh Court of 
 Chancery the 16th day of Auguft, in the year of 
 our Lord 1763, being firfl duly ftampt, accord- 
 ing to the tenor of the flatute made in the fixth 
 year of the reign of their late Majefties King 
 William and Queen Mary, by 
 
 Humph. Hackshaw. 
 
 TO all to whom thefe prcfents (hall come, I 
 William Beckford, Efq; Lord Maybr of the City 
 of London, in purfuance of an Adt of Parliament 
 Tnade and palTed in the fifth year of the reign of 
 his late Majeily King George the Second, inti- 
 tuled> An A^ for the mor^ eafy Recovery of 
 
 3 P^bts 
 
tn North America, &c. 
 
 505 
 
 Debts in his Majefty^s Plantations and Colonies 
 in America, do hereby certify. That on the day of 
 of the date hereof, perfonally came and appeared 
 
 before me Q H , the Deponent named 
 
 in the affidavit hereunto annexed, being a perfon 
 well known and worthy of good credit j and by 
 folemn oath which the faid deponent then took 
 before me upon the Holy Evangelifts of Almighty 
 God, did folemnly and fincercly declare, teftify, 
 and depofe to be true, the feveral matters and 
 things mentioned and contained in th^ faid an« 
 nexed affidavit. 
 
 ■ ii. 
 
 In faith and teflimony whereof, 
 I the faid Lord Mayor have 
 caufed the Seal of the Office 
 of Mayoralty of the faid City 
 of London to be hereunto 
 put and affixed, and the ieafe 
 and releafe mentioned and 
 referred to in and by the 
 faid affidavit, to be hereunto 
 alfo annexed. Dated in Lon- 
 don, the 3d day of Septem- 
 ber, in the year of our Lord 
 
 '763- 
 
 Hodges. 
 
 ACKSHAW. 
 
 London. 
 
 G H , of Great Quecn-ftreet, Lin- 
 coln's Inn Fields, Gent, maketh oath and faith. 
 That he was prefent and did fee the Honourable 
 
 A L , Efqj and S his wife, parties 
 
 to the two parchment writings or deeds hereunto 
 annexed (purporting to be a Ieafe and releafe 
 
 from the faid A--i— — L and S ■■ ■ ■■ his wife 
 
 to 
 
5o6 Conjliiution of the British CoLONiEa 
 
 to W. 
 
 -^— L ■ ■, late of the ifland of An- 
 tigua, but now of Gerard -ftreet, Soho, in the 
 County of MiddlefcXj in the Kingdom of Great 
 Britain, Efqi) fevera'lly and rclpeSivcly fign and 
 feal, and as their feveral and refpe^ive ads and 
 deeds, deliver the faid two parchment-writings 
 or deeds. And this deponent faith. That the 
 names A L and S L — — • appear- 
 ing to be fet or fubfcribed to each of the faid 
 parchment-writings or deeds, are of the reipec- 
 tive proper hands-writing of the faid A— 
 
 L and S his wife. And this deponent 
 
 did, together with J P — — , indorfe his 
 
 name as a witnefs to the due execution of the faid 
 parchment- writings or deeds. And further faith. 
 
 That the names J-~- P p- and G — '— H 
 
 ap(>earing to be indorfed as witnefles to the due 
 execution of the faid parchment-writings or deeds, 
 are of the refpeiftive proper hands-writing of the 
 faid J — — P ■'■ ' and him itjliis deponent; 
 
 , G .II- . 
 
 Sworn the jd day <)jf Sept. 
 ^763, bdfore mt^ 
 
 W)ii.LiA;M Beckforp, Mayor. 
 
 MEMORANDUM, the within Indenture was 
 
 acknowledged by T W , Efq; as the 
 
 i»cfpc<ftiv€ a<5ls and deeds of A L , Efq; 
 
 and S his wife, by virtue of the within 
 
 power of attorney, the 9th day of February I764> 
 befpre n^;, 
 
 £{)WA»J) Gamble, Regifter, 
 
 MORTQAO^ 
 
in North America, &c. 
 
 50J 
 
 Mortgage in Fee by Bargain and Sale inr oiled, of 
 a Plantation^ Slaves, &c. /;; St, Chriftopber's^ 
 with the Acknowledgment of the Hujhand and IVife^ 
 and the "private Examination of the Wife to bar 
 Dower, 
 
 THIS Indenture, made the fourteenth day of 
 November, in the twenty-fourth year of the reign 
 of our Sovereign Lord George the Second, by the 
 Grace of God, of Great Britain, France, and Ire- 
 land King, Defender of the Faith, and fo forth ; 
 and in the year of our Lord one thoufand feven 
 hundred and fifty, Between F— P — , late of his' 
 Majcfty's Ifland of St. Chriftopher in America, 
 but at prefent refident in the City of London, 
 Efqj and E — his wife of the one parr, and 
 D — O^ — of Great James Street, in the parifh of 
 St. Andrew, Holborn, in the county of Middle- 
 fex, Efq; of the other/ part: Whereas the faid 
 F — p — doth allege, that he now is lawfully and 
 folely feized and poflefled in his demefne as of fee 
 fimple, of and in, and is well entitled unto the 
 fee fimple, inheritance, and abfolute property of 
 a certain fugar-work Plantation, with the lands, 
 dwelling-houfe, other houfes, ftill-houfes, works, 
 and buildings thereon being, and rhereunto be- 
 longing and appertaining, fituate, lying, and be- 
 ing in the Jate French part of the faid Ifland of 
 St. Chriftopher, and in or near the parifh of St. 
 Faul Capiflerre in the faid Ifland, which, as the 
 faid F— P — doth allege, contains in the whole 
 the quantity of ninety-four acres of cane lands, and 
 ten acres more of mountain land, or thereabouts, 
 and that the faid Plantation is commonly called 
 
 or known by the name of the C P , 
 
 pr the C— — 7 % \ » a 2ind is" abutted and 
 
 bounded 
 
 * \ 
 
 
 "* 'pS 
 
 '■n 
 
 5 i' 
 
 \m 
 
 I '; r 
 
 it- . 
 
 .';s 
 
 
 
j 
 
 u 
 
 508^ Conftitution of the British Colonies 
 
 bounded to the eaftward, with the lands now or 
 late in the pofleflion, tenure, or occupation of 
 D— T — , Efq; or his leflee or Icffees, or under- 
 tenant or under-tenants, and to the northward, 
 with lands now or late in the pofleffion, tenure, or 
 occupation of B — M — , Efqj or of his leflVe or 
 leflees, or under-tenant or under-tenants, and to 
 the fouthward, and alfo to the weftward, with 
 lands now or late in the pofleflion, tenure, or oc- 
 cupation of G— L — , Efqj or of his leflee or 
 leiiees, or under-tenant or under-tenants ; and 
 that there are upon, and belonging to the faid 
 Plantation, one good manfion houfc ordwcUing- 
 houfe, a cook-room, or kitchen, with (lores ad- 
 joining, a wind-mill and cattle-mill, a boiling- 
 houfe, a diftill-houfe, and a (table, together with 
 all forts of (tills, coppers, worms, tubs, coolers, 
 utcnfils, implements, and appurtenances necef- 
 fary for the well carrying on of the faid fugar 
 work Plantation j and that there are a large num- 
 ber of horfes, a(res, mules, bulls, fheep, hogs, 
 goats, and other live (lock and dead (lock there- 
 on, and alfo one hundred and twenty in 
 number at the lead, of good and able working 
 Negro flaves, upon and belonging and appertain- 
 ing to the fame ; and that all the fame Planta- 
 tion, buildings, utcnfils, implements, bcafts, 
 cattle, flaves, and premifes, do lawfully belong 
 unto the faid F — P — , in pure fee Ample, and 
 abfolute property, and are wholly and entirely 
 free from all wills, fettlements, jointures, dowers, 
 «fes, trufl:s, gifts, grants, fales, mortgages, leafes, 
 debts, decrees, bonds, judgments, executions, ex* 
 tents, levies, forfeiture, and caufe and caufes of 
 forfeiture, and of and from all other claims, de- 
 mands, charges, burthens, and incumbrances 
 whatfoe/cr, fave only' the quit- rent, from hence- 
 forth 
 
in North America, &c« 509 
 
 forth to be payable to the Crown for the faid 
 Plantation, and one (ingle debt or incumbrance 
 of three thc'jfand five hundred and eighty pounds 
 fix Ihillings and eight pence of lawful money of 
 Great Britain, or to that value, which is due un- 
 to A — B — and J — B, of London, merchants 
 and partners, and which is fome how fecured, to- 
 gether with the in tereft thereof, unto or for the 
 faid A — B — and J — B — , by ibme mortgage or 
 fecurity made and taken in the faid Ifland of St. 
 Chriftopher, in or about the month of April now 
 laft paft : AND WHEREAS the faid F— P— 
 hath requefted of the faid D— O — the loan of a 
 fum of one thoufand nine hundred and nineteen 
 pounds thirteen ihillings and four pence, of law- 
 ful money of Great Britain, to anfwer the pre- 
 fent occafions of the faid F — P — , which fum 
 the faid D — O— hath agreed to lend him, 
 and hath at the time of the execution of thefe 
 prefents aftually advanced and paid into the pro- 
 per hands of the faid F— P— . NOW THIS 
 INDENTURE WITNESSETH, That for the 
 docking, barring, cutting off, defeating, and en- 
 tirely deftroying of all eftates tail, and of all 
 other contingent or other eftates dependant or ex- 
 pevflant upon any fuch eftates tail, and of all re- 
 mainders and revcrfions at any time or times 
 heretofore made, fettled, created, devifed, or li- 
 mited, of or concerning all and every, or any the 
 Plantations, lands, tenements, and hereditaments 
 herein after-mentioned, to be hereby bargained, 
 fold, or releafed ; or ot or concerning any part or 
 parts of the fame (in cafe any fuch eftates tail, 
 remainders, reverfions, or other eftares there be 
 of the lame, or of any part or parts thereof) and 
 for the barring the dower, and right and title of 
 dower of the faid E — , the wife of the faid F— 
 
 li;; 
 
 '■'■'■} 
 
 'I 
 
 'i s;«i 
 
 Nil'-t! 
 
 f:,: 
 

 H 
 
 
 
 H^ll 
 
 
 sHw't 
 
 
 wi' 
 
 
 ^R 
 
 [B- ' 
 
 WEk 
 
 
 9M* 
 
 
 m 
 
 
 1 
 
 • 
 
 Jio CanfiitHtton of the British Colomi^s 
 
 P— , of, in, and to the Plantations, lands, tcne-^ 
 ments, and hereditannents herein after mentioned, 
 to be hereby bargained, fold, or releafed j and 
 for and in confideration of the funi of one thou- 
 fand nine hundred and nineteen pounds thirteen 
 ihillings and four-pence of lawful money of Great 
 Britain by the faid D— O— unto the faid F— P— 
 and E— his wife, or one of them in hand, 
 well and truly paid at or before the time of the 
 fcaling and delivery of thefe prefcnts j the re- 
 ceipt whereof the faid F— — P*-*— and E — — 
 his wife do hereby refpeftivcly acknowledge, and 
 themfelves and each of them to be therewith 
 fully fatisBed, contented, and paid, and thereof 
 and therefrom do, and each of them doth acquit, 
 releafe, and difcharge the faid D-— O— — , 
 his heirs, executors, admin iftrators, and affigns, 
 and every of them, by thefe prefents. THEY 
 
 the faid F P and E— — his wife have, 
 
 and each of them HATH granted, bargained, 
 fold, aliened, remifed, releafed, alTigned, and 
 conBrmed, and by thefe prefents, DO and each 
 of them DOTH fully and abfolutely grants bar- 
 gain, fell, alien, remife, releafe, afllgn, and 
 confirm uato the faid D^— ^ O > ■, his lieirs, 
 executors, adminiflrators, and afligns (fcveraliy 
 and refpedtively as herein after- mentioned), ALL 
 AND SINGULAR that and thofe the herein be- 
 fore mentioned or defcribed fugar-work Planta- 
 tion, lands, dwelling-houfe, other houfes> ftill- 
 houfes, works, buildings, cane lands, nnoim- 
 tain land, manfion-houfe, cook-room or kitchen, 
 ilores, wind-mill, cattle-mill, boiling- houie> dif- 
 till-houfe, (lable^ ftills, coppers, wornm, tubs, 
 utenfils, implements, appurtenances, borfes, aiTes, 
 muleS) bulls, fheep, hc^gs^ goats, live ftock* dead 
 flock, Negroes, and premii«s,w)tk their and every 
 
 5 - of 
 
feNoRTtf Amerka, iee.^ 
 
 5»* 
 
 of their refpcdlivc appurtenances in ^hatfoever 
 parifh or place within the lace French part of the 
 faid Ifland of St. Chriftophcr, the fame or any part 
 thereof, do or doth lie, or are or is fituate, ftand- 
 ing, lying, or being j and whatever quancicy or 
 number of acres the fame or any part thereof door 
 doth cemtain, and by what name or names focvcr 
 the fame, or any part thereof, now arc or is, or at 
 any time or times heretofore, ■ have or hath been 
 called, known, named, or diftinguifhed, and how- 
 ever the fame and every, or any particular part or 
 parts thereof, do or doth abu** or bound, or have 
 or hath abutted or bounded, and whatlbevcr other 
 miftake, mifinformation, or other error, defcdb, 
 or imperfedtion there may be in the before-men- 
 tioned defcription, or mention of the fame : AND 
 ALSO ALL AND SINGULAR OTHER the 
 i\*gar-work Plantafions, and other plantations, 
 cane lands, mountatn lands, and other lands and 
 hereditaments (being parcel of the late French 
 lands in the faid Ifland of St. Ghriftopher) of them 
 
 the faid F P and E— - his wife, and of 
 
 each of them ; or whereof, or wherein, or where- 
 to they, or either of them, are poflcfTcd or in- 
 titled unto any eftate, right, title, or intercft, 
 fituate, lying, or being in every and any parifli or 
 pl^ce in the laid IQand of St. Ghriftopher, within 
 that which was lately the French part of the faid 
 Ifland, whaifoever the names, concents, q-uan- 
 tities, qualities, numbers, fituations, abuttals, 
 boundaries, or other dcfcriptions of the fame may 
 be: AND ali maiifion-houfes, dwelling-houfcs', 
 mcfluttges, tenements, ftill-houfes, works, edi*. 
 ftccs, erections, and buildings whatfoever, upon 
 the ^me: AND ALL and every the ftilb, cop- 
 pers, wdrms^ tubs> coolers, utenfils, iinple»- 
 
 mencs. 
 
 ■7 
 
 
 • 
 
 . ■*■! 
 
 1 
 
 'n\ 
 
 ?f 
 
 ' i 
 
 ) 
 
 /• 
 
 3;i' . V 
 
 n 
 
 
I.' 
 
 51a Confli/u/ion cf ihe British Colonies 
 
 ments, and appurtenances which now arc, or 
 which at any time or times hereafter fhall be to 
 the fame, or any of them belonging, or in any 
 wife appertaining: AND ALL and every the 
 horfes, affes, mules, bulls, (heep, hogs, goats, 
 cattle, beads, live (lock, and dead (lock, which 
 now are, or which at any time or times hereafter 
 ihall be upon, or belonging to, or in any wife 
 efteemed, deemed, reputed, or taken to be upon 
 or belonging to any of the premifcs : AND ALL 
 and fingular the Negro (laves, and other (laves, 
 of every age, fex, or capacity, fort and kind be- 
 longing unto, or to belong unto, or be the pro- 
 perty of the faid F P— and E his 
 
 wife, or either of them, or their or either of their 
 heirs, executors, or adminiftrators (how many fo* 
 ever they are, or (hall be in number) which now 
 do or are, or at any time or times hereafter (hall 
 belong or be appertaining unto, or be wrought, 
 worked, ufed, or any way employed in, upon, 
 about, or for the faid plantations, lands, tene- 
 ments, houfes, or any of the premifcs aforcfaid, 
 or any part of the fame, or which are or (hall be 
 in any wife efteemed, deemed, reputed, or taken 
 to be belong or appertain unto, or to be wrought, 
 worked, ufed, or in any way employed in, upon, 
 about, or for the faid plantations, lands, tene- 
 ments, houfes, or any of the premifes aforcfaid, 
 or any part or parts of the fame : AND ALL 
 i(rues, progenies, and increafe of the faid (laves : 
 AND ALL and fingular other the appurtenances 
 to any of the faid premifes : AND the rcver- 
 fion and reverfions, remainder and remainders 
 yearly, and other rents, iifues, proceeds, produce, 
 and increafe of all and (ingular the premifes, 
 and of every part and parcel thereof, with their 
 
 and 
 
<xi -North America, &c» 
 
 S^S 
 
 and tvery of their rights^ members, incidents, 
 and appurtenances: AND ALL the eftate, 
 right, title, intereft, term and terms for years> 
 inheritance, property, power, ufe, truO, equity, 
 and beneBc of redemption, dower, right, and 
 )titlc of dower, and other claims and demands 
 
 whatfoever of the faid F P and E— 
 
 his wife, and of each of them, and of theinj each 
 and every of their iffue, and of their, each and 
 every of their heirs, executors, adminiftrators> 
 and truftees, whether at law or in equity, or 
 ptherwife howfoever, of, in, and to all and An- 
 gular, or any the premifes herein beforemen- 
 tioned, or any part or parts of the fame. AND 
 ALL AND EVERY the contrafb, grants, con- 
 firmations, patents, plans, furveys, convey- 
 ances, deeds, fettlements, wills, fales, bills of fale, 
 mortgages, counterparts of mortgages, bonds, 
 judgments^ executions, levies, devices, aflign- 
 ments, copies of records, title deeds, and other 
 writings, mftruments, lifts of negroes, and evi- 
 dences whatfoever, relating to the premifes, or 
 to any part or parts of the fame, which the faid 
 
 F— — P and E— — his wife, or either of 
 
 them, or their or either of their heirs, executors, 
 adminiftrators, truftees, attornies, managers, over- 
 feers, or other agents, or any of them now have or 
 hath, or at any time or times hereafter fhall or 
 may have in their or in.any of their hands, pof- 
 fedion, cuftody, or power, or which, he, ftie, 
 they, every or any of them, fhall or may have 
 at any time or times hereafter be able to have or 
 cprpe by in any way or manner, without fuit at 
 law or in equity for the fame. TO HAVE AND 
 TO Hold fo much, and fo many and fuch parts 
 of all and lingular the hereditaments and premifes 
 herein before granted, bargained, fold, or re- 
 
 L 1 leafed. 
 
 m 
 ■', »■ >' '■■' 
 
 yifg 
 
 \M 
 
 .1- i 
 
 "I'- J- 
 
514 ConJIitution cf the 'J&KXTnn Colonies 
 
 leafed, or meanty mentioned, or intended fo ro 
 be, as are or (hall be of the nature of real cftate 
 
 *or inheritance unto the faid D Q— — , his 
 
 heirs and afligns from henceforth for ever, to the 
 only proper ufe and behoof of the faid D — ^ 
 
 O , his heirs and adigns from henceforth for 
 
 evermore, and to or for no other ufe, truft, in* 
 tent, or purpofe whatfocver. AND TO HAVE 
 AND TO HOLD fo much and (o many, and 
 fuch parts of all and (ingular the premifes herein 
 before granted, bargained, fold, or afligned, or 
 meant, mentioned, or intended fo to be, as are 
 pr (hall be of the nature of perfonal edate unto 
 
 the faid D O , h"s executors, admini- 
 
 ftrators, and afligns, from henceforth for ever; 
 and for and during all fuch other or lefler terms, 
 
 cllates, and interefts, as the faid F P 
 
 in^ E his wife have, or either of them hath 
 
 therein feverally and refpeftively ; TO* AND 
 FOR the only proper benefit of the faid D— - 
 0— — > his executors, adminiftrators, and af- 
 figns, and as his and their own proper goods, 
 chattels^ and ef!^6ts,. and to and for no other 
 trufl:, intent, or purpofe whatfoever ; and all and 
 Angular the fugar work plantations, other plan- 
 tations,, cane lands, mountain lands, other 
 lands, hereditaments, manfion-houfes, dwelling- 
 houfes, mefluages, tenements, (lill-houfes, works, 
 edifices, erections, buildings, flil]s> coppers, 
 worms> tubs, coolers, utenfils, implements, horfes, 
 afles, mules, bulls, iheep, hogs, goats, cattle, 
 beads, live dock, dead dock, Negro (laves, other 
 (laves, ilTues, progenies, increafe, reverfions, re- 
 mainders yearly, and other rents, KTues, profits, 
 proceeds, produce, rights, members, incidents, 
 and other the premifes herein before granted, bar- 
 gained, ibld> aliened, remifed, releafed, a(rigned, 
 
 or 
 

 
 fn iROKfA AMiRifcA, itt. 
 
 iH 
 
 6f confirmed, or meant, mentioned, or intended 
 lb to bi, with their and every of their appurte- 
 nances unto the faid D— — O i his heirs and 
 
 aflighs, and unto the faid D — — O— — i his 
 Executors, admini(lrators> and afljgns^ feverally 
 and refpedlively, according to the fcreral natures 
 of the prcmifes refpedlively, the faid F— • 
 
 P 1 his heirs, executors, and adininillrators^ 
 
 doth and hereby do warrant, and for ever defend i 
 arid by thefe prefents fhall and will for ever war- 
 rant atid defend againit the faid F P « 
 
 his lieirsj executors^ adminiflrators^ and afTigns^ 
 aind againft the faid £ — — , tlie wife of the faid 
 ^— — P — :—§ and againft all manner of per-* 
 fpn and peffohs whatfoever, fave only as againft 
 
 tlic faid A — B and J B , and their 
 
 heirs, e)cecut6rS| adminiftrators, and affigns, in 
 fefpcdb only of the faid debt or fum of three thou- 
 farid five htindred and eighty pounds, fix (hil- 
 lings, and eight pence } and in refpe6l of the 
 ifiortgage or lecurity^ ^hich was made in Sainc 
 Chriftopher's for that debt only, upon the pre-^ 
 mifes herein before bargained or fofd, or meant^ 
 tfientioried, or intended fo to be, or Upon fome 
 part or parts of the fame ) and the faid F-— — 
 
 P for himfelf, his heirs, executors^ and ad- 
 
 rhinifllfators, and for each and every of them, 
 doth covenant, promife, grants and agree to and 
 
 with the faid 6 O , his heirs, executors, 
 
 adminiftVators, and afligns, and to and with 
 each and every of them, by thefe prefents, in man 
 ner and form following i That is to fay, that they 
 
 the faid F P and E his wife now, 
 
 at the time of the fcaling and delivery of thefe 
 t)refents, are and (land, or One of them is and 
 Ifarideth lawfully and abfolutely fcized in their 
 or in his demefne as of fee-(imple9 and in full and 
 . • hi z abfoiytc 
 
 .^' 1. 
 
5 ( 6 Ccnftitution of the British Colonies 
 
 abfolute property of and in all and fingular the 
 faid fugar work plantations, other plantations, 
 cane lands, mountain lands, other lands, here* 
 ditaments, meffuagcs, tenennents, buildings, uten- 
 (lis, implements, cattle, beads, live (lock, dead 
 flock, Negro (laves, other (laves, and all and 
 lingular other the premifes herein before 
 granted, bargained, or fold, or meant, men- 
 tioned, or intended {o to be, and of every 
 part and parcel of the fame, with their and 
 every of their rights, members, incidents, and 
 appurtenances, of a good, fure, clear, perfe^, 
 abfolute, and indefeafible edate of inheritance in 
 fee-fimple, and of the whole, full, and abfolute 
 power, intcreft, and property in the fame, with- 
 out any condition, forfeiture, liniitation of ufe 
 or ufes, truft, or other reftraint, matter, caufe, 
 or thing whatfocver, to forfeit, determine, alter, 
 change, charge, burthen, incumber, evid, or 
 defeat the fame, in any manner or wife. And 
 
 that the faid F P— "" ^^^ E— — his wife, 
 
 now have, or one of them hath in thcmfclves, or 
 in himfelf or hcrfelf, good right, true title, full 
 power, and lawful and abfolute , authority to 
 grant> bargain, fell, alien, remife, releafe, af- 
 fign, and conBrm all and lingular the heredita- 
 ments, and other the premifes herein before 
 granted, bargained, fold, aliened, remifed, re- 
 leafed, afligned, or confirmed, or meant, men* 
 tioned, or intended fo to be, and every part 
 and parcel of the fame, with their and every of 
 their appurtenances, unto and to the ufe of the 
 
 faid D O , his heirs and alTigns, and 
 
 unto the faid D — — O— — , his executors, ad- 
 nainidratofS, and a(rigns (according to thefeveral 
 natures of the refped&yc parts of the premifes), 
 fromjtimefd time, and at all times hereafter to 
 ciUer into, ^mtg hold, and enjoy all and fingular 
 
 the 
 
 :«. w 
 
 J. 4 
 
 ^\ 
 
f 
 
 h North America, &:c. 
 
 5«7 
 
 the faid hereditaments, and other the premifet 
 herein before grarlted, bargained, or fold, or 
 meant, mentioned, or intended fo to be, and 
 every part and parcel of the fame, with their and 
 every of their appurtenances, and the yearly and 
 other rents, ilfues, profits, proceeds, produce, 
 and increafe of the fame, to have, receive, take, 
 and enjoy to his and their own ufe and benefit^ 
 from henceforth for evermore, without any the 
 lawful let, fuit, trouble, denial, hindrance, evic- 
 tion, moleftation, interruption of or by the faid 
 
 F— — P and E — — his wife, or either of 
 
 them, or of or by their or any of their ifllie, heirs, 
 executors, adminiftrators, afligns, trudees, or 
 agents, or of or by any other perfon or perfons 
 whatfoever lawfully claiming, or to claim, by, 
 from, under, in truft for, or to the ufe of every 
 and any other perfon whatfoever. AND THAT 
 free and clear, and freely and clearly, and abfo- 
 lu rely freed, acquitted, exonerated, releafed, and 
 difcharged, or otherwise upon requed at all times 
 well and fufHciently faved and kept harmlefs, and 
 
 indemnified by the faid F— — P , his heirs, 
 
 executors, and adminiftrators, or by fome or one 
 of them, of, from, and againO: all and all manner 
 of former and other titles, gifts, grants, for- 
 feitures, conditions, bargains, fales, mortgages, 
 aflignments, wills, fettlements, ufes, trufts, debts, 
 decrees, judgments, executions, dower, right, and 
 title of dower, charges, burthens, claims, demandsj^ 
 and incumbrances whatfoever, at any time or 
 times heretofore created, incurred, charged, or fet- 
 tled, or fecured, had, made, done, or committed, 
 or at any time or times hereafter to be created, 
 incurred, charged, or fettled, or to be fecured, 
 had, made, done, or committed by any perfon of 
 pcrfpns whatfoever, of the lame premifes, or of 
 
 L 1 3 any 
 
 Hj 
 
 r. 
 
Ji 
 
 |!$ Confiitutm cf the Britisi^ €q^qni£$ 
 
 any ps^rt or parcel thereofj| in any manner qr wife^ 
 And that the faid F — F— — and E— hi^ wife^ 
 s^nd each of them^^ and their and either of their 
 i^eirs^ executors,adminifl:racar5, and afngns^i and all 
 and every pprfon and perfons whatCYerj,anycftate^ 
 right, title, truft, intereft, or demand, lawfully 
 having or claiming^ or which he;, (he, or they 
 ihall or may at any time hereafter lawfully have 
 or claim to have, of, in, to, upon, or out of al^ 
 and every the hereditaments and pfemifc* herein 
 before granted, bargained, or iold, or meant, 
 mentioned, or intended fo xo he, pr any part 
 or parts of the fame, or theif or ^ny of their 
 appurtenances (fave only the faid A — ^ B-r— r^ 
 
 and J B- — -* ^nd their fcveral and rcfpe£livc 
 
 neirs, executors, adminiflrator$^ 9L^lgm^ truilees^ 
 attornies, and agents, for and in refpe<5t of f^h 
 mortgage or fecurity, as has been made tQ themj^ 
 or fome or one of them, in the f;j^id Jfland of 
 Saint Chriftopher, of the faid hereditamjei^t$ and, 
 premifes, or of fome part or part* thereof, for 
 fecf^ring the principal fum of tnre^e thoufand five 
 hundred and eighty pounds fix (hillings and 
 cightpence only, and no more, ^xtk intereft fer 
 the fame) fhall and will from time ito tin^e, an4 
 at all times hereafter, upon the requeft of the 
 
 faid D— O , his heirs, executors, admini- 
 
 urators.i or aflTigns, or any of them, but at the 
 proper cofts and charges of the faid F^r?* — I* — ^, 
 his heirs, executors, and admin iftrators, or of 
 fome or one of them, make, do, execute, ac* 
 ^no\yledge, and perfect, or caufe of procure tq 
 t)e made, done, executed, ack;now)edge^, and 
 pcrfe^ed, all and every fuch farther lawful and 
 reafonable a6t and adls, deed and deeds, inftru- 
 ments, devices, conveyances, aflignments, and 
 a^uranccs in the law whatfoever, lor the further 
 ' ' ' -^ ■■■"■-■■•_ ■ ' i^ttcf 
 
 . ; \ I 1 ■ < 
 
in North America^ &c. 
 
 S19 
 
 l^ter and more Aire and abfolute afTigning, 
 conveying, afTuring, and fure nnaking of all and 
 Angular the hereditaments and premifes herein 
 before granted, bargained, or fold, or meant, 
 mentioned, or intended fo to be, or of any part 
 or parts thereof, with their and every of their ap- 
 purtenances, unto and to the ufe of the faid D — — 
 
 O » his heirs and aHigns, and unto the faid 
 
 D— - O — — , his executors, adminiftrators, and 
 afligns (feverally and refpedively, according to 
 the feveral natures of the rcfpedive parts of the 
 premifes if^ to be further afligned, conveyed, or 
 affured) in fuch way and manner, and by fuch 
 fort of deeds, inftruments, aflignments, aiTurances, 
 conveyances, and other adls and matters, and at* 
 tended with fuch acknowledgments and private 
 examinations of the parties to the fame, and with 
 fuch other circumftances and folemmties, as by 
 the faid D— ^— O— , his heirs> executors, 
 adminiflrators, or aHTigns, or any of them, or his, 
 their, or any of their Counfel learned in the law, 
 fiiall be lawfully and reafonably advifed, or de- 
 yifed and required, fo as fuch further alignments 
 f)X affurances contain no further or other greater 
 warranty or covenant, than againd: the parties 
 making and executing the fame, arid his and their 
 anctftors, and his or their a(^s and deeds, and fo 
 as for the making or doing thereof, no perfon 
 Ihall be compelled or compellable to travel more 
 than twenty miles from the place of their then 
 prefent abode or refidcnce. AND FURTHER, 
 
 That the faid F P— ^ and E his wife, 
 
 ihall within three days next enfuing» the day of 
 the date of thefe prefcnts, in due form of law, 
 acknowledge their refpcdlive execution of this 
 prefent indenture, and alfo of a duplicate of the 
 fame^i before feme of the Juftices of his Majefty*s 
 
 H 4 Court 
 
 
 iiW 
 
 i-i '■;- ] 
 
 
520 Co»fliiuim cf the British Colonies 
 
 Court of Common Picas at Weftminfter : AND 
 that^ oil fuch occafion, the faid E — (hall be 
 privately and apart from the faid F— • P— , ex- 
 amined before fuch Judge, and will thereon de- 
 clare^ that fhe executed the fame^, and makes 
 fuch acknowledgment thereof, of her own pure 
 and free will and voluntary confent, and without 
 any force, compulfion, menace, threat, dread, 
 or fear of her faid hufband, in any fort or on his 
 part ufed : AND that the faid F — P-^ will, 
 within fuch three days, alfo acknowledge thefe 
 prefents, and a duplicate thereof, and his exe- 
 cution of the ftmeji before one of the Matters 
 of the High Court of Chancery of Great Britain, 
 and will confent and dedre that thefe prefents, 
 and fuch duplicate, may be enrolled at full 
 length in the faid Court ; AND will procure 
 thefe prefents, and fuch duplicate, to be en- 
 rolled at full length, in the faid Court of Chan- 
 cery, within ten days next enfuing the day of 
 the date of thefe prefents s and alfo (hall an(| 
 will forthwith hereafter caufe and procure thefe 
 prefents, and fuch duplicate, and the execution 
 of the fame, to be duly proved on oath before 
 the Lord Mayor of the city of London j and fuch 
 proof thereof, and a teftimonial or certificate of 
 the fame to be in the ufual and proper manner 
 annexed to thefe prefents, and to fuch duplicate, 
 under the Seal of the faid city of London -, AND 
 forthwith hereafter will caufe thefe prefents, and 
 the duplicate thereof, and the execution of both 
 
 the fame by the faid F— • P and E- — - 
 
 his wife, to be duly acknowledged in the faid 
 Ifland of St. Chriftopher, by fome perfon or pcr- 
 fons to be lawfully impowered to do the fame, be- 
 fore all proper perfon s and officers there; and after- 
 ivard$ to bef forthwith duly enrolled and recorded, at 
 
 full 
 
in North America, &c. 521 
 
 full length, in the proper offices and places in 
 ;he faid Ifland, in order to give the utmoft force 
 and validity to the fame; AND that all the 
 fame matters and things (hall be done at the cods 
 
 ^nd expences of the faid F — — P , his heirs, 
 
 executors, or adminillrators ; and in the belt 
 manner, and with as much expedition as the 
 fame may reafonably be done : AND MORE- 
 OVER the faid F— P— . doth hereby defire and 
 direft all and every his prefent and future attor- 
 riies, counfel^ managers, overfeeis, and agents^ 
 in the faid Ifland, immediately upon demand 
 ^hereof, to delivci up, from time to time, unto 
 the faid D — — Q— , or his heirs, executors^ 
 and adminidrators, or unto his or their attornies 
 or attorney, by lift or fchedule, all fuch of the 
 grants, deeds, copies of records, lifts of Negroes^ 
 and other writings whatfoever, relating to the 
 premifes, or any part of the fame, which the 
 
 laid F P hath herein before mentioned 
 
 to bargain, fell^ Qt afllgn unto the faid D— ^ 
 O-?— -s whole, fair; and uncancelled^^ ' Of fd 
 much and fo miix^ of the fame, as ihalf be \ti 
 their or any of their fiapdi, poflefliOn, 'jduftddf i 
 or power, or which they, or any of thiemj i^a/ 
 or can any way come by, without fult in law or 
 equity, AND the faid F— P— doth* herebyi 
 for himfelf and for his heirs, executors, and ad- 
 piiniftrators, and for each and every of themi 
 covenant, promife, grant, and agree to, and 
 
 with the faid D O , his heirs, executorsj 
 
 and adminiftrators, and to and with each and 
 every of them, that all fuch grants, deeds, co- 
 pies of records, lifts of Negroes, and other evi- 
 dences, as are herein before mentioned, to be 
 hereby bargained, ' fold, or affigned, ftiall from 
 fimc to time be delivered, whole, fair, and un- 
 cancelled. 
 
 m 
 
 I..' 
 I" ! 
 
 ! ' ♦ 
 
 n 
 
 mi 
 
 I'i li'i 
 
 
 r„ 
 
 I; 
 
 
|}| Conjlitutm of the British Cotoi^iEg 
 
 cancelled, unto the faid D— O , or hU 
 
 beirsy cxecutorS| adminiftrators, or his or their 
 sittornies or attorney in the faid IQand^ purfuant 
 to the true intent and meaning of thefe prefents ; 
 
 AND MOREOVER, that the faid F P , 
 
 his heirs and alfigns, fo long as he or they fliall 
 be in the pofTeflion of the faid Plantations, or 
 any of thenn ; or if he or they Ihall not be in the 
 faid {(land, then his or their attornies or attor- 
 oey, or nnanagcrs or manager, in the faid Ifland, 
 jhall, once in every year, upon demand, and if 
 (lemanded deliver, from time to time, unto the 
 
 faid D-— O , his heirs, executor?, and ad^ 
 
 in)nin:rators, or his or their attornies or attorney 
 ^n the faid ifland, a trpe lift, figned by or in be- 
 half of the faid F P , his heirs and af- 
 
 fignsi of all the Negroes and (laves which, from 
 time to rime, (hall be upon, or belong to, all 
 and every the faid plantations, and other the 
 premKTes, for the better information of the faid 
 P -Q , his heirs, executors, and admi- 
 niftrators, in the premifes: PROVIDED ALr 
 WAYS, and thefe prefents are upon this con- 
 dition neverthelefs, which is hereby agreed upot^ 
 by and between the faid parties to thefe prefents. 
 That, if the faid F P , his heirs, exe- 
 cutors^ adminiftrators, or Tome or one of them, 
 do and (hall well and truly pay, or caufe to be 
 
 paid unto the faid D O , his executors 
 
 or adminiftrators, at or in the dwelling-houfe of 
 
 the faid D— - O , fituate in Great James 
 
 Street aforcfaid, the full fum of two thoufand 
 and fifteen pounds thirteen (hillings, of lawful 
 money of Great Britain, in manner and form 
 . lollowing : that is to fay, the fum of forty-feven 
 pounds, nineteen ihillings, and ten-pence, part 
 thereof on the fifteenth day of May next cnfuing; 
 
fi$V0fiTH AUJLKWA* Si^f 
 
 >J 
 
 fthf day of the cjate of thtfe prefcnts ; and the (bm 
 pf one thpufand nijie hundred and fixty^firvei^ 
 pounds, thirteen ^illingS| and two-pence, refif 
 ^jDe and in full payment thereof, on the HfreenU> 
 4ay of November then next enfuing, and whicft 
 svill be in the year of pur l-ord, one thoufancl 
 feven hundred and fifty-r^ofle, without any delay, 
 dcduftion or abatement, for or in refpccl of ^i^y 
 pharges, taxes, or afleiTmcats charged, taxed, or 
 impofed, or to be taxed^ charged, or impofed, 
 by any A^ or A<^s of Parliament, or by any a4 
 or A«.4s of AiJembly, or fpr or in refped of any 
 pther matter, caufe, or thjng whatfoever*, thea 
 thefe prefents, and the bargain, fale, convey-r 
 ance, and affignment, and every other mattef 
 and thing herein contai^ied, (hall ceafe, deter.^ 
 inine, and be pull and void, to all intents an4 
 purpofes, as if the fame had never been made or 
 executed i thefe prefents, or any thing herein 
 contained, in any wife to the contrary thereof 
 Uptwithftanding, And the faid F — P— , for 
 ]iimfelf| his heirs, executors, and adminidrators^ 
 and for each and every of them, doth covenant^ 
 promife, grant, and agree to, and with the fai4 
 P — — O — ^1 his executors, adminiftratorsi 
 and ailigns, in manner following : that is to fay^ 
 %hst he the faid F-^ P — , his heirs, executors^ 
 or adminiftrators, (hall and will, ac or in th# 
 place herein before mentioned and appointed for 
 |lich payment, well and truly pay, or caufe to b^ 
 
 paid, unto the faid D Q— ^ — , hijs execytors, 
 
 adminiftrators, or afljgns, the faid full fum pf 
 two thoufand and fifteen pounds, thirteen ihil-» 
 iings, of lawful money of Qreat Britain, an4 
 ^very part thereof, in the manner, and at the 
 ^ays and times in the foregoing provifo men** 
 ^icfied or appointed for payment of ^he famej 
 
 and 
 
 [ 
 
 
 if! 
 
 
 
 
 '■ t ■: 
 
j24 Confiitution of the British Coiomis 
 
 and without any delay, deduftion, or abatement, for 
 or in refpeft of any charges, taxes, or afleflments, 
 charged, taxed, or ioipofed, or to be charged, 
 t^ed, or impofed, by any A6t or Afls of I'ar- 
 liament, or by any Aft or Ads of Aflcmbly, or 
 for or in refpcft of any other nnattcr, caufe, or 
 thing whatfoever, in full performance of the fore- 
 going provifo or condition, and according to the 
 true intent and meaning of thefe prefents. AND 
 IT IS agreed by and between the faid parties to 
 thefe prefents, that, until fome breach or default 
 ihall happen to be made in performance of the 
 provifo or condition herein before contained, ei- 
 ther in the whole or in a part thereof, it fliall and 
 may be lawful to and for the faid F — P— , his 
 heirs and aflfigns, to hold and enjoy thv'j here- 
 ditaments and premifes herein before conveyed 
 iand affigned, and every part thereof, and to re- 
 ceive and take the rents, iffues, and profits of 
 the fame, to his and their own ufe and benefit, 
 without rendering any account, or payment of or 
 for the fame, or any part thereof, unto the faid 
 J)— O— , his heirs, executors, or adminiftra- 
 tors, or any of them, in any manner or v/ife t 
 thefc prefents, or any thing herein before con- . 
 tained, to the contrary thereof in any wife not-» 
 
 withftanding. AND LASTLY, the faid F i 
 
 P: — — and E- his wife, and D O — • — ^ 
 
 have, and each and every of them hath, author-* 
 ized and impowered, and by thefe prefents DO, 
 and each and every one of them DOTH, fully 
 authorize and impower R— P — , W— B — , J— 
 L— , and R — P — , of the faid Ifland of St^ 
 Chriftopher, Efquires, or any three or two of 
 them jointly, and each one of them fingly and fe- 
 parately, to appear before all proper officers and 
 pcrfons whatfoever, in the faid Ifland of Se. 
 . Chriftopher 4 
 
i» North America, &c. 
 
 S^S 
 
 Chriftopherj and to acknowledge the fcveral and 
 rcfpeftive figning, fealing, and delivery, by each 
 one of them the faid F— P — and E— his wife, 
 and D — O — , of thcfe prefents, and their fcveral 
 and refpedive hands and feals fet thereto ; and to 
 confent and procure that thefe prefents be duly 
 enrolled, regiftered, and recorded, in all proper 
 offices and places within the faid Ifland of St. 
 Chriftopher, according to the laws, cuftonns, 
 ufages, and praflice, in force and obferved in the 
 faid IQand, in order to give the utmofl: ftrength, 
 force, and validity hereto. In witnefs whereof the 
 parties before named to thefe prefents their hands 
 and feals have hereunto fet^ the day and year firfi: 
 above written. 
 
 F— P— . (L. S.) 
 Signed, fealed, and deli- the Mark of 
 vered by the within named E— + P — . (L.S.) 
 F— P— and E— his D— O— . (L. S.) 
 . wife, and D— O— , par- 
 ties to the within written 
 , Indenture, in the prefence . 
 of us, the faid E — P— • 
 
 figning the fame, by mak- 
 
 ing her Mark on each fide 
 of the fecond or middle 
 Sc?>l within affixed. 
 
 F-:j^P-. ' 
 F— E— . 
 
 *3 
 
 i:".h '■ 
 
 ¥il' 
 
 I I't • 
 
 I '.,:ff 
 
 111! 
 
 t 
 
 I: i; 1" 
 
 
 " c 
 
 RSC£IV£b' 
 
 nm 
 
 m 
 
 \1 
 
 ih^ 
 
ijl6 CdnJiiNtkn cf tie tunnvl CotbNiEi 
 
 Recsived the dajr and year firft^ 
 Ivithin wTicten» of and from the 
 
 Mrithi nnamed D — — O , the 
 
 full fum of one thoufand nine 
 hundred and nineteen pounds, 
 thirteen fhillingSj and four pence, 
 of lawful money of Great Britain, 
 being the confideration-money 
 within mentioned, to be by him 
 to US paid; we fay received by 
 
 i 
 
 s. 
 
 I. 
 1^19 13 
 
 d4 
 
 4 
 
 The Marks Of 
 
 WITNESSES to tte paymcnc of the tnth^f 
 otie thoufand hine hutkft'ed a^d nineteen poundsy 
 thirte^tt- fhilfirrgs'i anrf ffeuf ptticfe; to tlife within 
 
 named F P > ind E-^«- Ris* ^e, or one 
 
 of them, and to their fip;ntrig thitf reCe^C for the 
 
 fame, the faid E ngning by tffo ittirfes or 
 
 croiTes^ inftead of hei^ lURxies. 
 
 BE IT REMEMBERED^ t** bn ifRe t4tFi 
 day of November, oife thou&nd k^th hundred 
 and fifty, before me Sir Thdftias Birch, Knight^ 
 one of the Jufliees of his Majefty's Court of Com- 
 mon Pleas at Weftminfter^ perfonally appeared 
 
 F F— ; , Efqj and E-— -* his wife^ 
 
 parties wkhin named to the within written inden-^ 
 ture, and did, in purfuance of a certain A£l oi 
 AflTembly of his Majefty's Leeward Charibbe^ 
 I^ands- in-Americay feverally acknowledge, that 
 eacli one of them^ feverally and relpedively, did 
 
 fign. 
 
iV North America, &e. '527 
 
 fign, or mark and feal, and as his and her feveral 
 ad and deed deliver the faid within written In- 
 denture, and that the feveral and refpeflive names 
 
 or marks, and feals of the faid F P ■ - - 
 
 and E— — his wife, fet at the foot of the fame 
 within written Indenture, in fuch manner as they 
 now feverally and refpeflively appear thereto, was, 
 were, and is, and are of their feverat and refpec- 
 tive proper hand writing and fealing: And more- 
 over, the faid E being by me privately 
 
 (examined, feparate and apart from her faid 
 hufband, did declare. That (he executed the faid 
 Indenture, and made the before mentioned ac- 
 knowledgment of the fame of her own free will 
 and voluntary confent, without any force, com- 
 pulfion, threat, or menace, ufed by her faid 
 hufband in any fort. All which I do hereby cer- 
 tify, purfttanc to the above mentioned A<St of Af- 
 fembiy : Witnefs my hand hereunto fee the day 
 and year laft above mentioned. 
 
 Thomas Birch. " 
 
 M .' 
 
 ' INROLLED in his Majefty's High Cburt of 
 Chancery another part of this Indenture, the fif- 
 teenth day of November, in the year within writ- 
 ten, being firft duly ilamped, according to the 
 tenor of the (latute, made in the fixth year of the 
 reign of their late Majefty's King William and 
 Queen Mary. 
 
 By George CJickersall. 
 
 * I DO hereby certify. That the within InO:ru- 
 ment of Writing, and annexed Attcftatibn and 
 Bond (No. 4567) were entered in the Regiftcr's 
 
 -■•■'»»♦ . rf 
 
 - * This^ Certificate of the Regifter ought to have come la 
 after the Attedation and jL>ond, p. 534. 
 
 Office 
 
 ill 
 
 ■m 
 
 fi,ijftis,i 
 
528 Ccnflitution of the Br irisn CoLOt^ tE§ 
 
 Office in St.Chriftopher's, on Thurfday the fecond 
 day of May, in che year of our Lord one chou- 
 fand fcven hundred and fifty-one, about five of 
 the clock in the afternoon of the fame day^ in 
 
 pages I9i> &c. Libri Q^ 
 
 WiL. Buckley, Reg. 
 
 TO. all to whom thefe prefents Ihall come, I 
 Francis Cokayne, Efqj Lord Mayor of the City 
 of London, in purfuance of an Adt of Parliament 
 made and paflecf in the fifth year of the reign of our 
 Sovereign Lord King George the Second, intituled. 
 An A<^ for the more eafy recovery of debts 'tn 
 his Majefty's Plantations and Colonies in America, 
 do hereby certify. That on the day of the date 
 hereof, perfonally came and appeared before me 
 
 F E of Child's Court in the Strand, in 
 
 the parifh of St. Martin in the Fields, in the 
 County of Middlefex, in th^ Kingdom of Greac 
 Britain, Gentleman, being a perfon well known 
 and worthy of good credit ; and did by folemn 
 oath, which he took upon the Holy Evangelifts 
 of Almighty God, folemnly declare, teftify, and 
 depbfe to be true, the feveral matters and things 
 contained in the Affidavit hereunto annexed* 
 
 In faith and teftimony whereof, I 
 the faid Lord Mayor have caufed 
 the feal of the Office of Mayor* 
 alty of the faid City of London 
 to be hereunto put and affixed, 
 and the parchment Indenture and 
 Bond mentioned in the faid Af- 
 fidavit to be alfo hereunto an* 
 nexed, dated in London the nine-* 
 icenth day of November, in the 
 
 twenty- 
 
in North America, &c. 529 
 
 twenty-fourth year of the reign of 
 our Sovereign Lord George the Se- 
 cond, by the Grace of God King of 
 Great Britain, France, and Ireland^ 
 Defender of the Faith, and in the 
 year of our Lord one thoufand 
 fcven hundred and fifty. 
 
 MAN. 
 
 F E of Child's Court in the Strand, 
 
 in the parifh of St. Martin in the Fields, in the 
 County of Middlefex, in the Kingdom of Great 
 Britain, Gentleman, maketh oath. That he was 
 perfonally prefent as a witnefs, and did fee and 
 
 hear F — -* P— — , and E— P his wife, 
 
 and D — — * O— , parties to the parchment- 
 writing or Indenture hereunto annexed, feverally 
 and refpetlively fign, or mark and deliver the faid 
 Parchment-writing or Indenture hereunto an<^ 
 nexed : AND THAT the name F— P— , fet and 
 fubfcribed to the fame Parchment-writing or In* 
 denture, at the foot or end thereof, at the firft 
 Teal there affixed, as the name of one of the parties 
 executing the fame, in fuch manner as the fame 
 now appears thereto, was, and is of the proper 
 hand-writing of the faid F— P-- : AND THAT 
 the two marks or croflfes appearing fee and fub- 
 fcribed to the fame Parchment- writing, at the fe« 
 cond feal at the foot or end thereof, as the marks 
 
 of the faid E , one of the parties executing 
 
 the fame Indenture, in fuch manner as the fame 
 now appears thereto, was and were, and is and 
 are of the proper marking or figning of the faid 
 
 E— P— : AND THAT the name D— O , 
 
 alfo fet and fubfcribed to the fame Parchment- 
 writing or Indenture, at the foot or end thereof, 
 at the third and lad: feal there, as the name of the 
 
 M m other 
 
 \ir>\^ 
 
 
 .11 Jl i 
 
 it « 
 
 m 
 
 
 iri';'|i| 
 
 il ii 
 
^'•n! 
 
 530 CGnJlltution of the British Colonies 
 
 other of the parties executing the fame, in furh 
 jnanncr is the fame now appears thereto, was 
 and is the proper hancl-wriciirg of the fuid D— — 
 
 O : AND THAT the name F— E , fit 
 
 and fiibfcribcd to the Atteftation written on tiie 
 backfide of the fame Parchment Indenture, as 
 the name of one of the two witnefles attefting 
 the figning, fealing, and delivery thereof, by the 
 
 f^id F P — — and E— his wife, and 
 
 'D— — O — — , in fuch manner as the fame now 
 appears thereto, was and is of the proper hand- 
 writing of this Deponent : AND THAT the name 
 
 F-^ J— P > alfo fet and fubftribed to the 
 
 f4me atteftation, as the name of the other of the 
 two witneffes attefting the execution of the fame 
 indenture, in fuch manner as the fame now appears 
 thereto, was and is of the proper hand-writing of 
 
 F— J— P , of Surry Street in the Strand, in 
 
 the parifh of St. Clement panes, in the faid 
 County of Middlefex, GerttJeman, iCnd was by 
 "him fo thereunto fet and fobfcribed, in the pre • 
 fence of this Deponent : AND this tJcponent was 
 
 alfo prefcnc, and did fee the faid F — P fign 
 
 his name, ^nd the faid E- — - ^fit or fign her 
 marks and crofles to the receipt indorffd or writ- 
 ten on the backfide of the lame Parchment In- 
 denture: AND THAT the name F— P M 
 
 and fubfcribed to the fame receipt, in fuch man- 
 ner as the fame now appears thereto, was aiid is 
 ef the proper hand-writing of the faid F — P — : 
 AND THAT the two marts or croffes appearing 
 fet and fubfcribed to the fame ' atteftation, as the 
 
 marks or crofles of the faid E — - P ?-, in 
 
 fuch manner as the farhc now '4ppe^rs thereto, 
 was and were, and is and *arc of the prosper 
 
 marking or figning of the ftrd E-^ I*— ^: 
 
 AND THAT the name F—E— ^, fet andfob- 
 cribtd to the fame atteftation, as the name of one 
 
 of 
 
■« » I • 
 
 »' ■ • • • 
 
 ih NoRTrt America, &e. 
 
 iJ3i 
 
 U 
 
 of the two witncfTcs to the payment of the confi- 
 dcration-moncy, and to the figning or markinu; 
 the faid receipt, by the faid F— — P^ — and 
 
 E his wifc| refpedlively, in fuch manner as 
 
 fche fame now appears thereto, was and is of the pro- 
 per hand-writing of this Deponent : AND THAT 
 
 the name F— J— P = — , fet and fubfcribcd 
 
 to the fame receipt, as the name of tlie other of 
 the two witnefles to the fame, in fuch manner as 
 the fame now appears thereto, vizs and is of the 
 proper hand-writing of the herein before-named 
 
 F— J P , and was by him lb thereunto 
 
 alfo fet and fubfcribed, in the prefence of tiiis De- 
 ponent: AND FURTHER, this Deponent faith. 
 That he was alfo perlbnally prefent as a witnefs, 
 
 and did fee and hear the faid h — P fign, feal, 
 
 and as his aft and deed deliver the Paper-writing 
 or Bond alfo hereunto annexed i AND THAT the 
 name T^— E — — , fet and fubfcribed to the at- 
 teftation written at the end of the fame condition) 
 as the name of one of the two witnefles attefting 
 the figning, fealing, and dciiV^^ery of the fame 
 Paper-writing or Bond^ in fuch manner as the 
 fam * now appears thereto, was and is of the proper 
 hand -writing of this Deponent : AND THAT the 
 name F— J — P — — , alfo fet and fubfcribed at 
 the foot or end of the fame condition, as the name 
 of the other of the two witnefles attcjfting the exe- 
 cution of the fame, in fuch manner as the fame 
 now appears thereto, was and is of the proper 
 hand-writing of the before named F — J-^ P — , 
 and was by him fo thereunto fet and fubfcribed, 
 in the prefence of this Deponent, 
 
 Sworn the 19th day of No- F E— • 
 
 vember 1750, before me^ 
 ' in London, 
 
 F. CoKAYNE, Mayor^ 
 
 M m 2 KNOW 
 
 ■i: 
 
 ' 1 
 
 
 "■'. 11 
 
 
 in. 
 
 m 
 
 ; !^l: 
 

 u:yS 
 
 
 ..t 
 
 •51. 
 
 532 Conjlitution of the British Colonies 
 
 KNOW ALL MEN by thefe prcfcnts. That 
 
 I F P -, late of his Majcfty's 
 
 Ifland of St. Chriftopher in America, but 
 at prefent refident in the City of London, 
 Efq; am held and Brmly bound unto 
 
 D— — O , of Great James Street, 
 
 in the parifh of St. Andrew, Holborn, in 
 the County of Middlefex, Efq; in the full 
 fum of three thoufand eight hundred thirty 
 and nine pounds fix (hillings and eight 
 pence, of good and lawful money of Great 
 Britain, to be paid unto the faid p — O — > 
 Lis executors, adminiftrators, or alTigns, 
 or his or their certain Attorney or Attor- 
 neys, to the which payment, well and 
 truly to be made, I hereby bind and oblige 
 myfelf, my heirs, executors, and admini- 
 (Irators, and each and every of them firm- 
 ly, by thefe prefents, SEALED with my 
 Seal, and dated this fourteenth day of No- 
 vember, in the twenty-fourth year of the 
 reiga of our Sovereign Lord George the 
 Second, by the Grace of God of Great 
 Britain, France, and Ireland King, De- 
 fender of the Faith, and fo forth, and in 
 the year of our Lord one thoufand feven 
 hundred and fifty. 
 
 A. 
 
 'if 
 
 tpil 
 
 
 THE condition of the above written obliga- 
 tion is fuch. That if the above bounden F — — 
 
 P , his heirs, executors, or adminiftrators, 
 
 or fome or one of them, do and (hall well and 
 truly pay, or caufe to be paid, unto the faid 
 
 D O , his executors or adminiftrators, 
 
 at or in the dwelling-houfc of the faid D 
 
 O , fituate in Great James-ftreet above men- 
 tioned, the full fum of two thoufand and fifteen 
 
 poUiids 
 
in North America, &c. 
 
 53^ 
 
 pounds and thirteen (hillings of lawful money of 
 Great Britain, in manner and form following : 
 that is to fay, the fum of forty- feven pounds 
 nineteen (hillings and ten pence, part thereof, on 
 the fifteenth day of May next enfuing the day of 
 the date of the above written obligation, and the 
 fum of one thoufand nine hundred (ixty and fe- 
 ven pounds thirteen (liillings and two- pence, re- 
 (idue and in full payment thereof, on the fifteenth 
 day of November then next enfuing, and which 
 will be in the year of our Lord one thoufand 
 feven hundred fifty and one, without any delay, 
 dedudion or abatement for or in refpeft of any 
 charges, taxes or afTeffments charged, taxed or 
 impofed, or to be taxed, charged or impofed by 
 any Adt or A6ls of Parliament, or by any A^ or 
 Acls of AlTembly, or for or in refpeft of any 
 other matter, caufe or thing whatfoever. AND 
 ALSO do and (hall well and truly pay, perform, 
 fulfil, obferve and keep all and (ingular other the 
 payments, covenants, conditions, provifoes an4 
 agreements which, in a certain Indenture bearing 
 even date with the before written obligation, anq 
 made or mentioned to be made between the faid 
 F P-^— (by the defcription before men- 
 tioned) and E— — his wife of the one part, and 
 
 the faid D O (by the defcription alfo 
 
 before mentioned) of the other part, are contain- 
 ed, and which on the part and behalf of the faid 
 
 F— — P , his heirs, executors or adminiftra- 
 
 tors, or of any of them, are or ought to be paid, 
 performed, done, fulfilled, obferved or kept. AND 
 THAT AND THOSE in and by all things, and in 
 every refped according to the purport and true 
 intent and meaning of the faid Indentures, and 
 of the covenants, conditions, provifoes and agree- 
 
 M m 3 mcnrs 
 
 V 
 
 ill 
 
 ■ '*■ I 
 
 : ij 'S 
 
 
 
 ij l!jf 
 
 If 
 
 •i' lijl 
 
 ■I ;i. 
 
 'I » 
 
 :1ft 
 
 k; 
 
f-'.:tl 
 
 
 r 
 
 i—tl 
 
 524J Conftitution of the British pai»0MiE3 
 
 fhents therein cqnuincd; then the befpre written 
 pbligatjon to be void and of none cffeifi:, other- 
 viiie |Q'ftfto4.*n4 reno^in in full forge apd virC4je. 
 
 Signed, fealed and delivered 
 
 by the before named F— 
 
 P — , Efqj in the pfefcfice 
 
 Qf.us, 
 
 i!j;r- F— J Pt~^ . . 
 
 f F-^ E- . 
 
 |vIoRTGApE in Fee (by Leafe and Releafe) by Huf^ 
 ■f hand, and Wife^ of Landf and Negroes in Jamaica : 
 . ,Tife Conveyance being executed in London ; the pri- 
 vate Examination of the Wife to bar Dower ^ was 
 taken before the Lord Mayor there^ agreeable to 
 the Laws of Jamaica, , 
 
 ^fv Yi'^f.LEASE /(?r a Year, 
 
 THIS Indenture, made the thirteenth day of 
 f^ovember, in the feventeenth year of the reign 
 of our Sovereign Lord George the Third, by .th0 
 Grace of God, of Great Britain, France and Ire- 
 land, King, Defender of the Faith^ &:c. and 
 in the year of our Lord, one thoufand feven hun- 
 dred and fcventy-fix, between J — — N of 
 
 tthe parifh of T " in the liland of Jamaica, 
 
 Efqi but now in London, of the one part, and 
 
 J M and T-- — S— — of the City of 
 
 London, merchants, of the other part, witneffeth, 
 
 That the uid J N , for and in cqnfide- 
 
 ration of the fum of five {hillings of lawful money 
 of Great Britain to him in hand well and truly 
 
 paid by the faid J M and T S— , 
 
 at or before rhe fealing and delivery of thefe 
 prefenis, the receipt whereof is hereby acknow- 
 ledged, he the faid J N hath bargained 
 
 and fold, and by thefe prcfents doth bargain and 
 
 fell 
 
in North America, 5ic. 335 
 
 Tell unta the faicj J M— ~ and T S , 
 
 thctr executor.s adminillrators and afligns, ail 
 that Plantation and Sugar Work, connnnonly 
 
 called and known by the nanne of R , ficuate, 
 
 lying, or being at or near M , in the faid 
 
 parifl^ of T— r- in the Ifland of Jamaica, con- 
 taining by eftimation five hundred acres, be the 
 fame more or lefs, butting and bounding eafterly 
 on W — . — Plantation, belonging to the heirs of 
 J— — - D — — , decealcd, weiterly on the heirs of 
 
 J L , deceafcd, northerly on P — — 
 
 Plantation, belonging to J- C— — , and foutb- 
 
 erly on S r- Plantation, belonging to the heirs 
 
 of B — ^ B-^ — — , deceated, and all mefluages, 
 
 milk, mill-houfes, boiling-houfes, curing-houles, 
 ftiH-houfes, and all other houfes, out-Iwufes, edi- 
 fices, ere6lions and buildings on the faid Plant- 
 ation and lands, or any part thereof, ere6led or 
 built, and all ways, paths, paflages, waters, wa- 
 ter-courfes, woods, underwoods, commons, and 
 common of pafture, feedings, fifliings, fidiing 
 places, eaftrmenti, privileges, profits, commodi- 
 ties, emoluments, advantages, hereditaments and 
 appu'tenances whatfoever to the faid Plarktation 
 and lands, or any part thereof, belonging or in 
 any wife appertaining, or therewith or to, or with 
 any part or parcel thereof ufually held, occu- 
 pied, pofTcfied or enjoyed or accepted, reputed, 
 deemed, taken, or known as part, parcel or mem- 
 ber thereof, or of any part thereof. AND alfo all 
 and every the Negro and crt:her Slaves now up- 
 on and belonging to the faid Plantation, and 
 particularly mentioned and fet down in the fche- 
 dule hereunder written (being in number ninety- 
 eight) and thereverfion and reverfions, remainder 
 and remainders, rents, iffues and profits of th& 
 l^d Plantation and .Sugar Work, lands, tene- 
 
 M m 4 ments. 
 
 .f 
 
I 
 
 
 M i 
 
 mi 
 
 536 ConftituUon of the British Colonies 
 
 ments, Slaves, and hereditaments, and of every 
 part and parcel thereof. TO HAVE AND TO 
 HOLD the faid Plantation and Sugar Work, 
 lands, tenements, Slaves, hereditaments, and all 
 other the premifes mentioned or intended to be 
 hereby bargained and fold, with their and every 
 of their iffue, increafe, rights, members and ap- 
 purtenances unto the faid J— M and 
 
 T S , their executors, adminiftrators and 
 
 afligns, from the day next before the day of the 
 date of thefe prefehts, for and during and unto 
 the full end and term of one whole year, from 
 thence next enfuing, and fully to be complete and 
 ended, yielding and paying therefore at the end 
 of the faid term the rent of one pepper corn, if 
 the fame (hall be lawfully demanded. TO THE 
 INTENT, That by virtue of thefe prefents, and 
 of the Statute for transferring ufes into pofiefTion, 
 
 they the faid J M and T S 
 
 may be in the adlual pofleffion of the faid Plant- 
 ation, Sugar Work, lands, tenements, Slaves, 
 hereditaments, and all and fingular other the pre- 
 mifes mentioned or intended to be hereby bar- 
 gained and fold, with their and every of their 
 iffue and increafe, rights, members and appurte- 
 nances, and thereby be enabled to accept and 
 take a grant and releafe of the reverfion and in- 
 heritance thereof to them, their heirs and affigns, 
 in fuch fort, manner and form as fhall be declar- 
 ed in an Indenture of releafe intended to bear date 
 the day next after the day of the date hereof, 
 and made or mentioned to be made between the 
 fame parties a«? are parties to thefe prefents. In 
 witnefs whereof the faid parties to thefe prefents 
 have hereunto fet their h?inds and fcais the day 
 and year firft above written. 
 
 The 
 
in North America, &c. 537 
 
 The fchedule to which the above Indenture 
 refers: Men, 1. Antigua, EflTex, Quamin (and 
 fifty-five more named in the fchedule under the 
 deed). Boys, Little Thomas (and three more 
 named in the fchedule under the deed). Women, 
 Nancy, Senia (and twenty-fuur more named in 
 the fchedule under the deed). 
 
 J N— (L.S.) 
 
 Sealed and delivered (being firfl: 
 duly itampt) in the prefencc 
 
 of 
 
 R- C— L—. 
 J-B-. 
 
 u 
 
 M 
 if 
 
 The RELEASE. 
 
 THIS INDENTURE made the fourteenth 
 day of November, in the feventeenth year of the 
 reign of our Sovereign Lord George the Third, 
 by the Gracf* of God of Great Britain, France 
 and Ireland King, Defender of the Faith, &c. 
 and in the year of our Lord one thoufand feven 
 
 hundred and feventy-fix, between J N 
 
 of the parifh of T— •, in the Ifland of Ja- 
 maica, Efq; but now in London, and A ■■ 
 
 his wife, of the one part, and J M— — and 
 
 T ■■" S of the City of London, merchants, 
 
 of the other part, witnefleth. That for and in 
 confideration of the fum of four thoufand pounds 
 of good and lawful money of Great Britain, to 
 
 the faid J N— - in hand well and truly paid 
 
 by the faid J M and T S , at 
 
 or before the fealin£ and delivery of thefe pre- 
 
 fents, the receipt whereof the faid J N 
 
 doth hereby acknowledge, and thereof and of 
 ara from every p^rt and parcel thereof, doth ac- 
 quit. 
 
 
 r I 
 

 i' i 
 
 
 i » 
 
 Iti 
 
 ,*! 
 
 
 53S ConfiiiuticH of th BtLnis,H Qoiouiis 
 
 quit, rpleafe and'difcharge the faid J M*— ^ — 
 
 and T S- , their executors, adminillrar. 
 
 tors, and every of thcin, for everj by thcfc pre-. 
 
 fent?, tliey the faid J N and A— his 
 
 wife have, and each of them hath, granted, bar- 
 gained, foid» aliened, releafed, conveyed and con-^ 
 firmed, and by thefe prefents do, and each of them 
 doth, granr, barg<iin, fell, aliene, releafe, convey 
 
 and confirm iinro the faid J M and 
 
 T S , in their adlual poffefllon now be* 
 
 ing, by virtue of a bargain and file to th^m 
 
 thereof made by the faid J- — - N , in C9.n- 
 
 fideration of five Ihillings, by Indenture bearing 
 date the day next before thjC day of the date of 
 thefe prefents, for one whole year, commencing 
 from the day next before the day of the date of 
 the faid Indenture of bargain and fale, and by force 
 of the Statute made for transferring of ufes into 
 pofleflion, an4 to their heirs and ^ffigns, j^ 11 that 
 plantation and Sugar Work comrponly called 
 and knpwn by the name of R— , fuuate, ly- 
 ing 3nd being at or near M^ -, in the faid 
 
 parifh of T' ■ ■' - ■ ., in the Ifland of Jamaica, c^n-^ 
 taining by eftimation five hundred acres (be the 
 fame more or lefs) butting and bounding eafterly 
 
 on W Plantation, belonging to the heirs 
 
 of J— — D , dece^fed, weiterly on the heirs 
 
 of J L ~, deceafed, northerly on P — r— -* 
 
 Plantation, belonging to J C — -» and 
 
 Plantation* belonging tp» 
 B , deceafed, and all 
 
 fouthcrly on S 
 the heirs of B 
 mefiTuages,, mills, i;niiI-houfes, boiling- houles, 
 euring-houfes, ftill-houfes, and all other houfes, 
 out-houfes, edifices, eredions and buildings ow 
 the faid Plantation and lands, or any part thereof, 
 ereiSbcd or builr, and all ways, paths, pafla,ges, 
 waters, water-courfes, woods, underwoods,* com-* 
 
 
in North America, Scc.^ 
 
 '-\ 
 
 5 59 
 
 nrion, aiul common of pafturc, feedings, fiihings, 
 fifhing- places, eafements, privileges, profits, com- 
 modicies, emoluments, advantages, hereditaments 
 and appurtepances whatlbever to the faid Plan-^ 
 tation and lands, or any part thereof belonging, 
 pr in any. wife appertaining, or therewith or to, 
 pr with any part or parcel thereof, ufually held, 
 occupied, . poiTefied or enjoyed, or accepted,, re** 
 puted, deemed, taken or known as part, parcel, 
 or member thereof, or of any part thereof j and 
 alfo all and every the Negro and other Slaves now 
 upon, or belonging to, tlie faid P'lantation, and 
 particularly mentioned and fet down in the fche- 
 dule hereunder written (being in number ninety- 
 pight) and the reverfion and reverfions, remain-r 
 der and remainders, rents, ifTues and profits of 
 the faid Plantation and Sugar Work, lands, tene- 
 pients. Slaves and hereditaments, and of every 
 part and parcel thereof j and alfo all and every the 
 mules, fteers, neat cattle, and other live ftock upon 
 or belonging to the faid Plantation, and mentioned 
 ^nd iet down in the faid fchedule hereunder writ'- 
 ten, and all coppers, ftills, worms, worrn-xybs, 
 ladles, (kimmers, drips, pots, pans. Plantation 
 utenfiis and implements of planting, upon or be- 
 longing to the faid Plantation, and alfo all the 
 eftate, right, title, intereft:, property, inherit- 
 ance, claim, and demand whaifoeyer, both at 
 
 Jaw and in er uity, of them the faid J N- , 
 
 ^nd A— his wife, of, in, and to the laid plan t»- 
 ^tion and fugar-work, lands, tenements, flayts, he- 
 reditaments, and other the premifes herein before 
 granted ^nd releafed, or intended fo to be, and 
 every part and parcel thereof, and all deeds, 
 evidences, letters patent, muniments and writ- 
 ings touching or concerning the faid heredita- 
 jncQts and premifes, or any part or parcel there- 
 of, 
 
 |ii' ^ 
 
 :i'i li 
 
m 
 
 •HI 
 
 f.t 
 
 ■'1 
 
 i 
 
 1 1,< 
 
 
 , t • 
 
 •I ■ 
 
 j> i J 
 1)1 • ' 
 
 '? Tl 
 
 "T's ., I! 
 
 540 ConJIUution of the British Colonies 
 
 oU TO HAVE AND TO HOLD the faid 
 plantation and fugar-work, lands, tenements, 
 ilaves, hereditaments, mules, fteers, neat cattle, 
 and other live Hock, and all other the premifes 
 mentioned, or intended to be hereby granted and 
 releafcd with their and every of their iffuc and 
 increafe, rights, members, and appurtenances 
 
 unto the faid J — — M— — and T — — S , 
 
 their heirs, executors, adminiftrators and afligns, 
 to the only proper ufe and behoof of the faid 
 
 J— — M and T S , their heirs, 
 
 executors, adminiflrators and adigns refpedlively 
 for ever, according to the nature and quality of 
 the fame premifes refpedlively, fubjedk always 
 ttcverthelefs, to fuch provifo of redemption as is 
 herein-after contained, that is to fay, PROVIDED 
 ALWAYS, and it is hereby declared and agreed 
 by and between the faid parties hereto, and it is'' 
 the true intent and meaning of thefe prefents, that 
 
 if the faid J N— •«— , his heirs, executors or 
 
 adminiftrators, or any of them, do and (hall well 
 and truly pay, or caufe to be paid unto the faid 
 
 J-—— M and T— — S , their executors, 
 
 adminiftrators or afligns, at or upon the Royal 
 Exchange of the City of London, the faid fum of 
 four thoufand pounds of good and lawful money 
 of Great Britain, together with intereft thereon, 
 at and af\;er the rate of fix pounds for every one 
 hundred pounds by the year, on or before the 
 fourteenth day of November, in the year of our 
 Lord one thoufand feven hundred and feventy- 
 eight, and that withuui. any deduction, defalca- 
 tion or abatement out of the fame, or any part 
 thereof, for or in refpeft of any taxes, charges, aflclT- 
 ments or impofitions whatfoever, taxed, charged, 
 or impofed, or to bs taxed, charged or impofed 
 upon the faid plantations, fugar-work, lands, 
 / tenements, 
 
fn North America, &c. 
 
 541 
 
 tenements, flaves, hereditaments, and premifes, 
 or any part thereof, or upon the faid J— • 
 
 M and T S , their heirs, executors, 
 
 adminiftrators or afllgns in refpedb thereof by any 
 power or authority whatfoever, or for and in 
 refpedl of any other matter, caufc, or thing what- 
 foever ; then and in fuch cafe, and at all times 
 thereafter this prefent Indenture, and every mat- 
 ter, caufe, and thing herein contained, fhall 
 ceafe, determine, and be utterly void to all 
 intents and purpofes, any thing herein contained 
 to the contrary thereof, in any wife notwithdand- 
 ing. AND the faid J— — N— — for himfelf, 
 his heirs, executors and adminiftrators, and for 
 the faid A his wife, DOTH hereby cove- 
 nant, promife, grant, and agree to and with the 
 
 faid J M and T S , their heirs, 
 
 executors, adminiftrators, and aftigns, in manner 
 following: that is to fay. That he the faid J—— . 
 
 N , his heirs, executors or adminiftrators, or 
 
 fome or one of them, (hall and will well and 
 truly pay, or caufe to be paid unto the faid J— 
 
 M , and T S their executors, admi* 
 
 niftrators, or afligps, the faid fum of four thou- 
 fand pounds, together with intereft thereon as 
 aforefaid, at fuch place and time, and in manner 
 and form as herein before appointed, for pay- 
 ment thereof, without any dedudion, defalcation, 
 or abatement as aforefaid, according to the pur- 
 port of the aforefaid provifo, and the trde in- 
 tent and meaning of thefe prefects. AND ALSO, 
 
 That they the laid J N and A — — his 
 
 wife, at the time of the fealing and delivery of 
 thefe prefents, are, or one of them is lawfully 
 and rightfully feifed of and in the faid plantations 
 and fugar-work, lands, tenements, flaves, and 
 hereditaments, and other the premifes hereby 
 
 granted 
 
llw 
 
 p. ^' 
 
 54 a ConftHution of the Brit rsH Colon ies 
 
 granted and relcafcd, or intended fdto be with their 
 ifluc and appurteriances, of a good, Ture, perrc(5^, 
 ftbfolute, and indefcafiblc cftate of inheritance 
 in fee fiinple in polTefllon, without any oiannef 
 of condition, power of revocation, limitation of 
 life or ufes, or other matter, caufe or thing 
 'whatfocver, to alter, change, charge, defeat or 
 determine the fame, except as herein after is men» 
 
 tioned. AND ALSO, That they the faid J 
 
 N and A — — his wife, have in themfelve?^ 
 
 or one of them hath in himfelf or herfelf, at the 
 lime of the fealing and delivery of thefc prefents, 
 good right, full power, and lawful and abfolute 
 authority to grant, bargain, fell, releafe and con- 
 firm the faid plantation and fugar-work, lands, 
 tenements, flaves, hereditaments and premifes 
 hereby granted and rcleafed, or intended fo to 
 be, with their ifTue and appurtenances unto the 
 faid J-^^— - M and T S ■, their exe- 
 cutors, adminiftrators, and affigns, in manner 
 afoTefaid, and according to the purport, true 
 intent and meaning of thefe prefents j and alfo 
 that from and after default (hall happen of or in 
 payment of the laid fum of four thoufand pounds, 
 or atiy part thereof, or of the intereft thereof con- 
 trary to the form and efFe6t of the aforefaid 
 provifo and covenant for payment df the fame, 
 and the true intent and meaning of thefe prefents, 
 it fhall and may be lawful to and for the faid 
 J— - M — , and T-*- S — , their heil-si exedutors, 
 adminiftrators, and affigns, peaceably and quiet- 
 ly to enter into, have, hold, ufe, occupy, poffefs, 
 and enjoy the faid plantation and fugar-work, 
 lands, tenements, flaves, hereditaments and pre- 
 mifes hereby granted and releakd, or intended 
 fo ta be, and to receive and take the rents, ilfues, 
 and profits thereof, and of every part and parcel 
 • •' • 3 thereof 
 
in North America, Src, 
 
 543 
 
 thereof to their own proper ufc and benefit, 
 without the lawful let, iuir, trouble, denial, 
 cviAion, noleftation, or interruption of or by 
 
 the faid J N and A his wife, or 
 
 either of them, his heirs or alTigns, or of or by * 
 any other pcrfon or perfons whomfoever (oiher 
 than and except the perfons claiming, or to 
 claim by, from, or under the prior incumbrance 
 herein after mentioned), and that free and clear, 
 and freely and clearly acquitted, exonerated 
 and difcharged, or otherwife by the faid J 
 N— , his heirs, executors, or adminiftra- 
 tors, well and fufficiently laved, defended, kept 
 harmlefs, and^ indemnified of, from, and againft 
 all and all manner of former and other gifts, 
 grants, bargains, fales, leafes, mortgages, joint- 
 ures, dowers, titles of dower, ufcs, trufts, wills, 
 intails, ftatutes, recognizances, judgments, exe- 
 cutions, extents, renr, arrears of rent, and all 
 other titles, charges^ and incumbrances whatfo- 
 cver, other than and except a certain indenture 
 of mortgage from the faid J — N — , and A— 
 his wife, to the faid J— M — , bearing date on 
 Of about the thirty- firft day of December, in the 
 year of our Lord, one thoufand feven hundred 
 and fixty-feven, and alfo except the quit-rents 
 thenceforth to become due and payable to his 
 Majefty, his heirs and fucccflbrs, for and in re- 
 fped of the faid lands hereby granted and re- 
 leafed. AND FURTHER, That they the faid 
 J-_N — , and A— his wife, and his heirs, and 
 all and every other perfon and perfons, having, 
 or lawfully claiminj^, or who fhall or may have 
 or lawfully claim, any eftatc, right, title, in- 
 terell of, in, to, or out of the faid plantation 
 and fugar-work, lands, tenements, flaves, he- 
 reditaments, and prcmifes, mentioned, or in- 
 tended 
 
 ^li 
 
.y" 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 
 4^ 
 
 ^ 
 
 1.0 ^Ki I2S 
 
 1.1 
 
 ■X 
 
 w 
 u 
 
 ■^ I. 
 
 
 Photographic 
 _Scieiices 
 Corporation 
 
 as WBT MAIN STRMT 
 
 WIUTIR.N.Y. 14StO 
 
 ( 71* ) •72-4503 
 
 
 
 '^ 
 
544 Ccnftituticn df the British Colonies 
 
 tended to be hereby granted and relcafcd, or 
 im part thereof* hji from* or under, or in 
 truft for her* theoi* pr any of them* (hall and 
 will* from time to time* and at all times* from 
 and after default (hall happen to be made of or in 
 payment of the faid fum of four thoufand pounds* 
 or any part thereof* or of the intereft thereof* 
 contrary to the form and effeft of the aforefaid 
 provifo and covenant for payment of the fame* 
 and the true intent and meaning of thefe pre- 
 fents* upon the reafonable fequed of the faid 
 J— M — and T— S— * their heirs, executors* 
 adminiftrators* or aflfigns* and at the proper 
 cofts and charges in the law of the faid J— N-*-* 
 his heirs or afligns* make, do* acknowledge, 
 levy, fuffer, and execute, or caufe or procure to 
 be made, done, acknowledged, levied, fuffered* 
 and executed, all and every other lawful and reii- 
 fonable aA and adts, thing and things, devices* 
 coveyances, and aflurances in the law whatfo- 
 ever, for the further* better* more perfed* and 
 abfolote granting, conveying* afluring, and con* 
 firming the faid Plantation and fugar-work* 
 lands* tenements* flaves* hereditaments* and 
 premifes, mentioned, or intended to be hereby 
 granted and releafed, with their iflue and appur- 
 tenances, unto and to the ufc of the faid J— - 
 M— and T — S— , their heirs, executors, ad- 
 miniftrators, and afllgns for ever, according to 
 the nature and quality of the faid premifes re- 
 fpedlively* freed and abfolutely difcharged of and 
 from the aforefaid provifo or agreement for re- 
 demption, and all equity thereupon* as by the 
 faid J— M — and T — S— * their executors* 
 adminiftrators, or alligns, or their or any of their 
 council learned in the law, (hall be reafonably 
 advifed or dcvifed and required. AND IT IS 
 
 hereby 
 
in North America> &c. 
 
 545 
 
 hereby declared and agreed, by and between the 
 faid parties to thefe prefents, that, in the mean 
 tinne, and until default (hall happen to be made 
 of or in payment of the faid fum of four thoufand 
 pounds, or fome part thereof, or of the intereft 
 thereof, contrary to the form and effeft of the 
 aforefaid provifo and covenant for payment of 
 the fame, and the true intent and meaning of 
 thefe prefcnts, it (ha)l and may be lawful to and 
 for the faid J — N— , his heirs and afligns, 
 peaceably and quietly to have, hold, ufe, occu- 
 py, pofTefs, and enjoy the faid plantation and 
 iugar-work, lands, tenements, flaves, heredita* 
 ments, and premifes, mentioned or intended to 
 be hereby granted and releafed, and to receive 
 and take the rents, iflues, and profits thereof, 
 and of every part and- parcel thereof, to his and 
 their own proper ufe and. bene6t,. without the 
 lawful let, fuit, trouble, denial, eviction, mo- 
 Jeftatioh, or interruption, of or by the faid J— 
 M- — and T — S — ^ or either of them, their or 
 either of their heirs, executors, adminidrators, 
 or aliigns s or of or by any other perfon or per- 
 Tons lawfully claiming, or to claim, by, from, 
 or under, or in truft for them or any of them. 
 In witnefs whereof, the faid parties to thefe pre<^ 
 fents have hereunto fet their nands and feals, the 
 jday and year firft above written* 
 
 I 
 
 .h 
 
 The Schedule to which the above Indenture 
 
 refers. 
 
 Men ; Antigua, Eflex, Quamin (and 55 more 
 named in the fchedule under the deed). Boys : 
 Little Thomas (and 3 more named in the fche- 
 dule under the deed). Women : Nancy, Senia 
 (and 24 more named in the fchedule under the 
 
 N n ^ced). 
 
 m 
 
54^ ConftUutiM of tbi British Colonies 
 
 deed). Stock : 20 mules^ and 40 head of black 
 
 cattle. 
 
 J^N— . (L.S.) 
 
 Sealed and delivered (being A-^ N^^^. (L. S«) 
 firft duly ftampt) in the T— • M—* (L.S.) 
 prefencc of T*— S— , (L. S.) 
 
 ♦ 
 
 RECEIVED the day and year firft within writ- 
 ten, of and from the within named J * 
 
 M ■ and T S the furti of four 
 
 thoufand pounds of good and lawful money of 
 Great Britain, being the confideration money 
 within mentioned, to be by them paid to me^ 
 
 J N-^— ., 
 
 Witnofs/R— €--• L*- 
 
 BE IT REMEMBERED, That on th<i thir- 
 
 tieth day of November 1776, J—.—— N * - : , 
 
 £%; and A*''^ . **«* his wife, parties to the within 
 Indenture>peffotidlly came ind appevrd before me 
 Sir Thomas Hailifax, Knjght, Lord Mayor of the 
 jcity of London, and acknowledged that they fc*- 
 verally figned, fealed, and as their fefpedlive a^ 
 and deed delivered the within Indenture: AND 
 
 the faid J N mi" »* *• alfo acknowledged^ 
 
 that he (igned the receipt hereon indorfed ; and 
 likewife that he figned, fealed, .and as bis ad and 
 deed delivered, the Indenture of Leafe nientioned 
 in and referred to by the within Indenture : AND 
 
 the faid A - ' "" N bejng by me privsStcly 
 
 examined feparate and apart from her faid tkuP- 
 band, declared. That fhe executed the within In*- 
 dcature of her own free will and accord^ witi^ut 
 
 •, /: -.any 
 
in North America^ &c. ^4^ 
 
 any force, threats, compuHion, or coercion of or 
 from her faid hufband. 
 
 THOMAS HALLIFAX, Mayor. 
 
 TO ALL TO WHOM THESE PRESENTS 
 Iball come, I Sir Thomas Hallifax, Knight, 
 Lord Mayor of the City of London, in purfuance 
 of an A<5fc of Parliament made and palled in the 
 fifth year of the reign of his late Majefty King 
 George the Second, intituled, *' An Afl for the 
 ** more eafy Recovery of Debts in his Maiefty*s 
 " Plantations and Colonies in America," DO 
 HEREBY CERTIFY, That on the day of 
 the date hereof perfonally came and appeared be- 
 fore me J B ■ ■ the Deponent named in 
 
 the Affidavit hereunto annexed, being a perfon 
 well- known, and worthy of good credit; and by 
 fblemn oath, which the faid Deponent then took 
 before me upon the Holy Evangelifts of Al- 
 mighty God, did folemnly and fincerely declare, 
 teftify^ and depofe to be true the feveral matters 
 and things mentioned and contained in the faid 
 annexed Affidavit : And I the faid Lord Mayor^ 
 DO HEREBY FURTHER CERTIFY. That 
 on the day of the date hereof alfo perfonally came 
 and appeared before me J- N— - , Efq* . 
 
 and'A^- his wife, parties to the annexed inden- 
 ture of Releafe/ and acknowledged that they fc- 
 verally figned, I'ealed, and as their reipedive a€t 
 and deed delivered the fame : AND the faid 
 J N— — alfo acknowledged. That he 
 
 figned the receipt thereon indorfed, and likewife 
 that he figned, fealed, and as his a(5t and deed, 
 delivered the Indenture of Leafe hereunto alfo 
 annexed : AND the faid A—— N be- 
 
 ing by me privately examined feparate and apart 
 frpm her faid hufband, declared, that fhe exe- 
 
 N n 2 cutcd 
 
 i 
 
 i 
 
 ^11 
 
 
 ':!1! 
 
54^ ConfiitutioH cf the British Colonies 
 
 cutcd the faid Indenture of Rdcafr, of her own 
 free will and accord, without any force, threats, 
 compulfion, or coercion of or from her faid huf- 
 band. 
 
 IN FAITH and teftimony whereof^ 
 I the faid Lord Mayor have not 
 only figned the acknowledgement 
 indorfed on the faid Indenture of 
 iReleafe, but have alfo caufed the 
 Seal of the Office of Mayoralty of 
 the faid City of London to be here- 
 unto put and affixed, dated in 
 London the thirtieth day of No- 
 vember, in the year of our Lord 
 one thoufand feven hundred and 
 feventy-fix. 
 
 BEACH. 
 
 London to wir, 
 
 • J— — B -■ of the parifli of Saint Giles in the 
 Fields, in the County of Middlefex, Gentleman, 
 beiQg duly fWorn upon the Holy Evangelifts, 
 maketh oath and faith. That he this Deponent, 
 
 together with R C L — , did fee J-i 
 
 N— ' , Efquire, fign, fcal, and as his rcfpec- 
 tive 2£t and deed deliver, the Indentures of Leafe 
 and Releafe hereunto annexed, bearing dace re- 
 fpeflively the thirteenth and fourteenth days of 
 this inftant November, the Releafe made or men- 
 tioned to be made between the faid J N — 
 
 and A his wife, of the one part, and J— — 
 
 M— and,T S , Merchnts, of 
 
 »the other part : And this Deponent, together with 
 
 the faid R C L , did alfo fee the 
 
 -faid J — — N— — fign the receipt indorfed upon 
 •the faid Indenture of Rc^leafe : and this Deponent 
 further faith, That he, together with the faid 
 
 R 
 
in North America^ &c. 549 
 
 R— ^ C L did fee the faid A — 
 
 N , J--^ M , and T-- 
 
 S , feveralJy fign, feal, and as their re- 
 
 fpe^tive ad and deed deliver, the faid Indenture 
 
 of Rclcafe j and that the name J — — N , fet 
 
 to the faid Indenture of Leafcs and Releafe^ and 
 ^Ifo to the faid Receipt indorfed upon the faid In- 
 denture of Releafe, and the names A— — N — — 
 
 J M , and T — ~ S — -^, fet to the fai4 
 
 Indenture of Releafe, are of the refpedivc proper 
 hands- writing of them the faid J — — N ~-, 
 
 A- — N- , J~ M , and T S 
 
 parties thereto, and that the names R C— — 
 
 L and J B— — , fubfcribed as witnefles 
 
 to the execution of the faid Indentures of Leafe 
 and Rclcafe, are of the refpcftive proper hands - 
 
 writing of the faid R C L , and 
 
 this Deponent; and further this Deponent faith 
 not. 
 
 . . J B 
 
 Sworn the 30th day of No- 
 • vembcr 1776, before ^ ' 
 
 me, 
 
 Thomas Hallifax, Mayor, 
 
 Enrolled in the chief Office of Enrollments in 
 Jamiica, this 8th March 1777, lib. 282. fol. J7. 
 
 Extur. 
 
 R. LEWING, Sec. 
 
 ill 
 
 m 
 
 w 
 
 u 
 
 Nn 3 
 
 APPEN- 
 
550 Cortfiitution of the BftitisH Co}.onit% 
 
 APPENDIX. 
 
 THREE orders of the King in Council (re- 
 lative to the trade between the fubjcfts of 
 his Majefly's dominions> and the inhabitants of 
 the United States of America) made in purftiance 
 of the powers given to his Majclly by a^ Geo, III. 
 c. 39. which was paflcd the 1 2th of May 178 j, 
 two of which orders were made fincc this work 
 went to the prefs, vid. the A6l> anteay page 41. 
 
 At the Court at St. James's^ the 14th of May 
 
 PRESENT, 
 The King's mod Excellent Majefty in Counjcih 
 
 WHEREAS, by an Aa of Parliament paflcd 
 this Seflion, intituled, " An A6t for preventing 
 <^ certain inftruments from being required from 
 ** (hips belonging to the United States of Ame- 
 *« rica, and to give to his Majefty, for a limited 
 ** time, certain powers for the better carrying on 
 ** trade and commerce between the fubje^ts of his 
 «< Maje(ly*s dominions, and the inhabitants of the 
 *' faid United States," it is, amongft other things, 
 enaifted. That during the continuance of the faid 
 A61, it (hall and may be lawful for his Majefty 
 in Council, by order or orders to be iflued and 
 publiflied from time to time, to give fuch di- 
 rections, and to make fuch regulations with re- 
 fpeft to duties, drawbacks, or otherwife, for car- 
 rying on the trade and commerce between the 
 people and territories belonging to the Crown of 
 Great Britain, and the people and territories of 
 
 5 the 
 
f« North America, &c. 
 
 55» 
 
 the Hiid United States, as to his Majcfty in Coun- 
 cil Ihall appear moll expedient and falutary j any 
 Jaw, ufage, or curtgm to the contrary notwithr 
 ftanding. His Majcfty doth therefore, by and 
 with thi advice of his Privy Council, hereby or- 
 der ami dired, That any oil, or any unmanu- 
 fadturcd goods or merchandifes, being the growth 
 or production of any of the territories of the faid 
 United States of America, may (until further 
 order) be imported diredtly from thence into any 
 of the ports of this kingdom, either in Britifli or 
 American (hips by Britifli fubjcfts, or by any of 
 the people inhabiting in and beionging to the faid 
 United States, or any of them j and fuch goods 
 or merchandise fhall and may be entered and 
 landed in any port in this kingdom, upon pay- 
 ment of the fame duties as the like fort of goods 
 or merchandife are, or may be fubjedl and liable 
 to, if imported by Britifli fubjedls in Britifli fliips 
 from any Britifli Ifland or Plantation in America, 
 and no other; notwithftanding fuch goods or 
 merchandife, or the ftiips in which the fame may 
 be brought, may not be accompanied with the 
 certificates or other documents heretofore required 
 by law. And it is hereby further ordered and 
 directed. That there fliall be the fame drawbacks, 
 exemptions, and bounties on merchandifes and 
 goods exported from Great Britain into the terri- 
 tories of the faid United States of America, or 
 any of them, as are allowed upon the exportation 
 of the like goods and merchandife to any of the 
 Iflands, Plantations, or Colonies belonging to the 
 Crown of Great Britain in America, And it is 
 hereby further ordered and directed. That all 
 American fliips and veflcls which fliall have vo- 
 luntarily come into any port of Great Britain 
 fincc the 20th of January 1783, fliall be admitted 
 -' 'to 
 
 ^i 
 
 ii 
 
 i 
 
f^i Cenftiiuiion of the British Colonies 
 
 loan entry) and, afcer fuch entry made, (hall be 
 intitltd, together with the goods and merchan- 
 difes on board the fame (hips and ve(re)s, to the 
 full benefit of this order. And the Right Ho- 
 nourable the Lords Connmiflioners of his Ma« 
 jrfty's Treafury, and the Lords Commiflloners of 
 tl)e Admiralty, are to give the nece(rary direc- 
 tions herein, as to theip nnay reipedively apper- 
 tain. 
 
 W. FAWKENER. 
 
 At the Court at St. James's, the 6th of June 
 
 1783. 
 PRESENT, 
 
 The Kino's moft Excellent Majcfty in Council. 
 
 WHEREAS by an AA of Parliament pafTcd 
 this SclTion, intituled, " An A(5l for preventing 
 ** certain inftruments from being required Srom 
 ** (hips belonging to the United States of Ame- 
 ** rica, and to give to his Majcfty, for a limited 
 «« time, certain powers for the better carrying on 
 " trade and commerce between the fubjcds of 
 « his Majefty's dominions, and the inhabitants of 
 «« the faid United States," it is anr\ong(i other 
 things enafted. That during the continuance of 
 the (aid A6t, it (hall and may be lawful for his 
 ^lajcfty in Council, by order or orders to be 
 i(rued and publilhed, from time to timcj to give 
 fuch dircAions, and to make fuch regulations 
 with refpe6l to duties, drawbacks, or otherwife, 
 for carrying on the trade and commerce between 
 the people and territories belonging to the Crown 
 1 of 
 
in UtiK-tH America, &C. 
 
 Si3 
 
 of Great Britain, and the people and territories 
 of the faid United States, as to his Mijei^y in 
 Council (hall appear moll expedient and falutary } 
 any law, tifagei or cuftom to the contrary not- 
 withftanding : His Majedy d(Mh therefore, by 
 and with the advice of his Privy Council, here- 
 by order and dire^. That pitch, tar, turpentine^ 
 indigo, mads, yards, and bowfprits, being the 
 growth or produdion of any of the Uniteii States 
 of America, may (until further order) be im- 
 ported diredlly from thence into any of the porta of 
 this Kingdom, either in Britirti or American fhips^ 
 by Britifli fubjefls, or by any of the people in- 
 habiting in and belonging to the faid United 
 States, or any of them ; and that the Articles above 
 recited (hall and may be entered and landed in 
 any port of this Kingdom, upon payment of 
 the fame duties as the fame are or may be fub- 
 jeft and liable to, if imported by Britifli fubjecls 
 in Britilh fliips, from any Britifli Ifland or Planta- 
 tion in America, and no other, notwithfl:anding 
 fuch pitch, tar, turpentine, indigo, man:s, yards, 
 and bowfprits, or the fliips in which the fame may 
 be brought, may not be accompanied with the 
 certificates or ocher documents heretofore re- 
 quired by law : and his MajeUy is hereby further 
 pleafed, by and with the advice aforefaid, to or- 
 der and dircft, That any tobacco, being the growth 
 or production of any of the territories of the faid 
 United States of America, may likewife (until 
 further order) be imported dire(5tly from thence, 
 in manner above mentioned, and may be landed 
 in this Kingdom j and upon the importer's pay- 
 ing down in ready money the duty commonly 
 called the old fubfidy, fuch tobacco may be warc- 
 houfed under his Majefty*s locks, upon the im- 
 porter's own bond for. payment of all the furiher 
 duties due for fuch tobacco, within the time li- 
 mited 
 
 
 in 
 
554* Conjliiuthn ef tbt British Colonies 
 
 mired by law, according to the net weight and 
 quantity of fiich tobacco, ac the time it fhali be 
 K) landed, with the fame allowances for the pay- 
 ment of fuch fartiicr duties, and under the like 
 rcdridions and regulations in all other refpedls^ 
 not altered by this order, as fuch tobacco is and 
 may be warehoufed, by virtue of any Ad or Adls 
 of Parliament in force. — And the Right Honour- 
 able the Lords CommilTioners of his Majeliy's 
 Treafury, and the Lords Comir.iffioners of the 
 Admiralty, are to give the neceflary directions 
 herein, as to them may refpedtively appertain. . 
 
 STEPH. COTTRELL. 
 
 At the Court at St. James's, the ad of July 17S3. 
 
 PRESENT, 
 The King's Mod Excellent Majefly in Council. 
 
 WHEREAS, by an Aft of Parliament paflcd 
 this Seffion, intituled, ** An A61 for preventing 
 «« certain Inftrurtients from being required from 
 *« fhips belonging to the United States of America, 
 " and to give to his Majefby, for a limited time, 
 <« certain powers for the better carrying on trade 
 '* and commerce between the fubjefts of his Ma- 
 «* iefty's dominions, and the inhabitants of the 
 «< faid United States," it is amongft other things 
 enafted. That during the continuance of the faid 
 Aft, it fhall and may be lawful for his Majefty 
 in Council, by order or orders to be iffucd ancl 
 publilhed from time to time» to give fuch direc- 
 tions, and to make fiich regulations with refpeft 
 to duties, drawbacks, or otherwife, for carrying 
 on the trade and commerce between the people 
 and territories belonging to the Crown of Great 
 Britain, and the people and territories of the faid 
 
 United 
 
in North America, &c. 
 
 $SS 
 
 United States, as to his Majcfty in Council (hall 
 appear mod expedient and falutary; any law» 
 iifage, or cuftom to the contrary notwichftanding; 
 his Majcdy doth therefore, by and with the advice 
 of his Privy Council, hereby order and dircft. 
 That pitch, tar, turpentine, hemp, and flax, mafts, 
 yafds, and bowfprits, (laves, heading, boards, 
 timber, (hingles, and all other fpecies of lumber; 
 horfes, neat cattle, (heep, hogs, poultry, and all 
 other fpecies of live (lock and live provifionsj 
 peas, beans, potatoes, wheat, flour, bread, bif- 
 cuir, rice, oats, barley, and all other fpecies of 
 graift, being the growth or produdion of any of 
 the United States of America^ may (until further 
 order) be imported by British fubjedls in Briti(h 
 built (hips, owned by his M^efty's fubjedls, and 
 navigated according to law, from any port of fht 
 United States of America, to any of his Majefty's 
 Weft India Iflands > and that rum, fugar, molaf- 
 fes, coflTee, cocoa nuts, ginger, and pimento, may, 
 until further order, be exported by Bfiti(h fubjedh, 
 in Britifli-built (hips, owned by his Majefty's 
 fubje(fls, and navigated according to law, from 
 any of his Majefty's Weft: India Iflands, to any 
 port or place within the faid United States, upon 
 payment of the fame duties on exportation, and 
 fubjeft to the like rules, regulations, fecurities, 
 and reftridions, as the fame articles by law are or 
 may be fubjeft and liable to, if exported to any 
 
 Britilh polony or Plantation in America. 
 
 And the Right Honourable the Lords Commif* 
 (loners of his Majefl:y's Treafury, and the Lords 
 Commiflioners of the Admiralty, are to give the 
 nece(rary direflions herein, as to them may refpcc- 
 tively appertain, 
 
 STEPH. COTTRELL. 
 
 1 
 
 I N I S. 
 
j£ R R A T A. 
 
 The Reader h defired to correfl the fdlowing miftakes* 
 
 page II. 1. 34. of^erLord, r/a</ Chief. 
 
 .-.~ 13. 1. 17. ^/r clearly. 
 
 •i—. 140* 1. 9. ybrthat, readvAiO, 
 
 «.~» 148. 1> 16. /0r hurted, rM^/hurt. 
 
 — — 256. 1. 28. ybr twenty, tm/ twenty-five. 
 
 Mil x6as. 1. 2. JeU ru|>erior. 
 
 »-.— 447. 1. T'f»r theretofore, read thentoforei L 28* 
 
 aji'er be, aJJ therein. 
 —- — 448. 1. 2» fcr as any, read as if any; I. 4. for his» 
 
 read her» 
 
 Ef^^ 
 
dakest 
 
 i I. 28» 
 /or hit.