60 is obliged in 6 weeks after arrival with intent to settle there to list himself in what Company of Foot or Troop of Horse he pleases but haing listed himself he is not to remove at his pleasure except he goes to dwell in some other part of the Country and then he must list himself in that Regiment where he goes to reside Of this Militia it being no otherwise the Governour is Captain General who is impower'd by his Commission to make under him Colonels Captains and all other Officers which Train and Discipline their respective Souldiers and take care that they keep good Arms well fixt and sufficient stores of Ammunition always by them that so they may be ready on any occasion The Town of Port Royal has in it one intire Regiment of this Militia consisting of 10 Companies one of which Companies mounts the Guard successively every night and keeps Watch in the several Forts in as good order as is used in any regular Garrison that is in pay For the tryal of Titles of Land decision of controversies and recovery of debts there are several Courts established the methods whereof will here follow written by an ingenious Gentleman who has been a long Practitioner in the Courts and Laws of that Country as well as in the Laws of England THE PREFACE HIS Majesty having been graciously pleased with the advice of the Lords of the Privy Council appointed a Committee for Trade and Plantations to give His Royal Assent to several Acts made by the Governour Council and Assembly of Jamaica it was thought fit to Publish the same as well for the benefit of its Inhabitants as all others His Majesties Subjects who may Trade or be any ways concern'd there but for prevention of Mistakes lest strangers to Jamaica might think these few Acts were all the Laws and Privileges of that Island which might lessen it in their esteem and discourage some from adventuring themselves or their fortunes thither I was desired by some Persons of Quality to give a more particular account thereof in observance of whose commands and respect I bear the place I promised my endeavours but must be very brief for that the Book is in the Press ready to come forth wherein I may be the more excusable since a Gentleman who has lived long in and very well knows that flourishing Country hath here already given so good a description of the Island which as he saith was taken from the Spaniards in the Year 1655 and I may add in the 7th year of his now Majesties Reign who when he came to exercise His Royal Authority was pleased to own what his Subjects had done which was the same as if he had Commissionated them and among other his glorious Titles descended to stile himself Lord of Jamaica by whose special grace and favour we have hitherto all the Laws and Priviledges of English Men exercised and continued amongst us there These Acts now Printed being only By-Laws for better Government of the Plantation which in some case requires different Regulations from the Kingdom of England as some Counties for Stanneries Fens c. do here and for raising such necessary customs as may defray the Publick charge of that Country for all Judges and Justices in Jamaica determine all Pleas there according to the Laws of England pursuant whereunto that Island hath been Govern'd except some little Variations for ease and benefit of a new settlement as our proceedings being all in English our pleading general Issues and giving special matters in evidence our suits being more concise and far less chargeable than in England the Practice of our Courts there much more plain and intelligible To begin with his Majesties Supream Court of Judicature so called which hath the same Jurisdiction with the Kings-Bench Common-Pleas and Exchequer at Westminster and is held 4 times in the year as the Terms in England viz. every last Tuesday in February May August and November which continue each time about a Week and therein are first determin'd all Pleas of the Crown then follow Common-Pleas c. The Judges of that Court being Commission'd by his Majesty or his Governours are always 5 or 7 whereof not less than 3 can try any cause and they consist of the most considerable Gentlemen of the Island both for Parts and Estates and usually the Chief Justice is one of the best Quality who hath practised and is well read in the Laws of England tho few of them are so learned as the Judges here yet they are Men of the greatest sense and reason whereon all Law is or should be grounded This Court is not Burthen'd with many Officers for one called the Clerk of the Grand Court is Prothonotary Custos brevium c. Nor do we trouble our selves with many sorts of Writs as Originals Capias Alias or Pluries very rarely or never arresting any Person of known residence only send him a Summons to appear next Court and that he may come provided a Copy of the Declaration is always left with the Summons which being served 8 days at least before the Court the Defendant is bound to appear plead joyn issue and come to Tryal the very next Court or Judgment will pass by default no Imparlance being allowed without special cause as on oath that he hath material Witnesses and hath endeavoured but cannot Subpoena them In Tryals we have not several Venire's nor a particular Jury for every cause unless in some special matter of great import but by a general Venire the Marshal prepares enough for four or five setts of Jurors not knowing what issues they are to Try which prevents packing or partial returns who are impannel'd in Court and put upon the Crown side or Common Pleas in such causes as the Judges extempore direct And the same Jury usually Tries Six or more at a time as the Court thinks their Memory may well bear for help whereof some of them take Notes also they are permitted to take with them the Record it self with all Papers or Deeds proved in Court most of our actions there being plain matters of Debt or Accompt and some few Ejectments Writs of Dower Partition c. The Jurors indorse their Verdict on each Record which is deliver'd in Court to the Clark who of course enters Judgment unless it be arrested which every one may move the last day of the Court but is rarely granted without very special cause presently made appear but if such motions are ever favoured it is in excessive damages on action of Slander or frivolous Trespasses which are usually discountenanced we are not intreagu'd with dilatory Writs of Inquiry but when any judgment is confess'd or passeth by nil dicit in case c. the next Jury happening to be trying issues in Court take the Record and Assess Damages presently And for ease of those who live by their labour to prevent unnecessary attendance and expences all Actions depending that Court or Term are called and
other to the Informer who shall sue for the same in any Court of Record within this Island wherein no Essoign Protection Injunction or Wager of Law shall be allowed An ACT Impowering Justices of the Peace to decide Differences not exceeding Forty shillings WHereas many inconveniencies may arise unto the Inhabitants of this Island by being vexed and troubled with Suits at Law for small and trivial Injuries Debts and Trespasses wherein the accustomary Fees and Charges usually exceed the Original Debt and Damages for prevention whereof Be it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That all manner of Debts Trespasses and other Matters not exceeding the value of forty shillings wherein the Tithes of Lands are not concerned shall and may be heard adjudged and determined by any of His Majesties Justices of the Peace of this Island within their respective Precincts without Appeal which said Justices are hereby required upon Complaint made to grant a Warrant or Summons against the Person complained of thereby requiring him to appear and Answer the said Complaint and in case of Non-appearance to issue out a Warrant of Contempt directed to the Constable to bring the Contemner before him as well to Answer the said Contempt as the Plaintiffs Action and may if he see Cause fine the Contemner provided the said fine exceed not Ten shillings to be for the Use of the Parish where such Offence shall be committed and after Judgment given in either Case may grant a Warrant of Distress directed to the Constable to levy the said Fine Debt Damages and Charges upon the Defendants Goods and Chattels who by virtue thereof shall expose the same to Sale returning the Overplus if any be to the Defendant and for want of such Distress to take the Defendants Body into Custody and him carry and convey to the Common Gaol of the Precincts there to remain till he shall have satisfied the said Debt and Charges and it shall be Lawful for the Justice of Peace to receive for each Warrant One shilling and Three pence and no more and for the Constable for serving of each Warrant the like Sum together with six pence for each Mile he shall be compelled to Travel in Execution of the Premisses provided the whole exceed not five shillings and the Justice is hereby required to keep a Record of all such Proceedings under the Penalty of Ten shillings the one half to be for the Poor of the Parish and the other half to the Informer to be Recovered as aforesaid And whereas the Uncertainty of the Expiration of Laws heretofore made for the better Government of this His Majesties Island may hereafter create some Doubts and Disputes concerning the Validity of the several Judgments made and given by the several Judges and Justices of the Peace within this Island as also all the Proceedings of the Military Officers upon the same for prevention whereof Be if further Enacted and Ordained by the Authority aforesaid that all and every Judgment and Judgments made or given by any of the Judges or Justices of the Peace within this His Majesties Island upon or by vertue of any of the aforesaid Laws and all other Proceedings whatsoever and all and every Act or Acts thing or things done or acted thereupon are hereby Ratified Confirmed and Adjudged Valid and Lawful to all intents and purposes whatsoever and all and every Judge and Judges of the several Courts the several Justices of the Peace the Military Officers and all other Persons whatsoever within this His Majesties Island that have any ways Acted by or under the Authority of the aforesaid Laws or any of them are hereby for ever saved and kept harmless and indempnified against all manner of Persons whatsoever and if any Person shall be sued or any ways molested by reason thereof it shall be Lawful for him or them so sued or molested to plead the general Issue and give this Act in Evidence any Law Custom or Usage to the contrary in any wise notwithstanding An ACT Rating Liquors Sold by Retail BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that from and after Publication hereof all Vintners and Tavern-keepers or any other Person or Persons who do or shall Utter or Sell by way of Retail Madera Wines or Brandy and shall presume by any means directly or indirectly to take or receive above the Rates hereafter mentioned for the aforesaid Liquors viz. For Madera Wine sifteen pence the Quart and Brandy two shillings and six pence the Quart and so proportionably for a greater or lesser Quantity shall forfeit the Sum of forty shillings for every such Offence to be levyed by Warrant from any of His Majesties Justices of the Peace of the Precincts where the Fault is committed on the Goods and Chattels of any Person or Persons so Offending the one half of which Forfeiture shall be to the Church-Wardens for the Use of the Parish the other to the Informer any Law Custom or Usage to the contrary notwithstanding An ACT For Compensation of Mr. Nicholas Scarlet WHereas Nicholas Scarlet Gent. hath a long time lain under divers great and dangerous Wounds received in the Publick Service of this Island in pursuit of several Rebellious Negroes by reason of a Command from his Superiour Officers whereby he hath been a long time hindred from all manner of Employment to his great Suffering Damage and Charge as also to the loss of the Use of one of his Limbs as hath sufficiently been made appear to Us to the end therefore that all Persons of the like Quality and forwardness to serve the Countrey may for the future receive due Encouragement Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that the said Nicholas Scarlet shall in Compensation of the said Loss and Damage have and receive out of His Majesties Publick Revenue a Yearly Salary of Ten pounds during his Residence in this Island which said Sum of Money is hereby appointed to be paid by the Receiver for the time being out of the Treasury when demanded upon Penalty of Twenty pounds the one half to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Party aggrieved to be Recovered in any Court of Record within this Island by Bill Plaint or Information where no Essoign Protection or Wager of Law shall be allowed An ACT For the Restraining and Punishing Privateers and Pirates WHereas nothing can more contribute to his Sacred Majesties Honour than that such Articles as are Concluded and Agreed on in all Treaties of Peace should by all His Majesties Subjects according to their Duty be most inviolably preserved and kept in and over all
tryed alphabetically beginning with the Plaintiffs names so all parties witnesses c. may guess on what day such a letter may come on and accordingly give their attendance Fourteen days after the beginning of the Court Execution issues for which we have but one Writ comprehending both a Fieri fac and Capias ad sat viz. to levy the Debt and Costs of the Defendants Goods or if he have none then to take his body but because no general Imparlance is allowed before we in a Manner give one after Judgment For that no man may be ruined by hasty surprise and sale of his goods the same after seizure in Execution may be returned but must be left in the Defendants hands to dispose to most advantage if he end not with the Plaintiff so as to bring the money into next Court wherein if he fails then a Venditioni exponas issues to the Marshal to sell them or any other goods or take his body Before or after which the Defendant is at liberty to bring his Writ of Error returnable before the Governour and Council though it is very rarely practised such Writs meeting with very little encouragement in just Debts His Majesty hath also constituted in this Island a Court of Chancery wherein the Governour himself always sits as Chancellour assisted by several discreet Gentlemen of eminency as Masters where Causes are speedily determined without those delays and expences used in England There are also in every Parish or County monthly Courts erected for tryal of all Actions under Twenty pounds or ad infinitum with a Justicies out of Chancery which the Governour cautiously grants on special occasions Of Judgments in these Courts Writs of Error lie retornable at the supream Court but rarely brought for reason aforesaid Then every Justice of Peace besides the authority of a Justice in England hath power of holding a Court of Conscience for all matters not exceeding Fourty shillings value The Quarter Sessions are also held in each Parish or County after the manner of England and there is a Court of Admiralty at the Town of Port Royal for tryal of Piracy and deciding other Maritime affairs from whence we have the liberty of appealing to the Governour there or to his Majesty in Council here for redress The Governour also hath power as Ordinary of the Diocess for probate of Wills granting Administrations and determining all controversies concerning the same But Ecclesiastical or Spiritual Courts are not yet known in this Island Nor are Purchasers here incumbred with bad Titles for that Register so much wished for in England is here established where all Conveyances being acknowledged are to be enroll'd within three months if the Cognisors inhabit there But if any persons Feme Coverts or others residing in England and interested in any Lands or Plantations there shall desire to dispose of the same here they must seal and deliver their deeds before two or more credible Persons going for Jamaica who attesting the same before a Judge there the same may be enrolled in Six months and shall be as valid in Law as if done by Fine Recovery or otherwise In which case I should advise the Purchaser to take by way of Lease and Release and to have two parts at least of each with Covenants for further assurance c. that if one part happen to miscarry he may require another yet so as always to keep one here lest any breach of Covenants should happen And since this publick Register or Office of Enrolments is found of such general use that no Purchaser or Lender of money can be deceived in his Title it may not be unseasonable for advancement of our Plantation Trade and consequently enriching our native Country of England the great Receptacle of all our wealth to encourage monied men who expose it here at 4 and 5. per cent yet cannot get satisfactory security to adventure some of it for Jamaica where they may have unquestionable security by men of visible estates or good Mortgages for neither Persons nor Estates can be there incumbred but they must be discover'd either by the aforesaid Register or report of their Neighbours who generally more intimately know and better observe each others Affairs than they can in England Nor was it ever known that any Mortgage hath been defeated or Title proved defective where compared and agreeing with the Register so that any Persons having monies here to put out may remit the same to Jamaica by Bills of of Exchange at 20 per cent or in Commodities by advice of Merchants here at 40 or 50 per cent or more advance and lend the same at 10 per cent running only in Commodities the risque of the Sea which also is so inconsiderable that it may be ensured for about 2 per cent But when they recal their moneys they may expect 15 or 20 per cent loss on their returns though sometimes they gain also back which loss when it happens may be attributed to the difference of our Coyns here and there Jamaica money being about â…• more in value there than it will yield in England And such Adventurers have this further encouragement that all real Securities there are meliorated being certainly emprovable the longer they continue planted whereas lands here usually decrease in value It might also turn to much greater advantage then the best way of employing money in England To purchase Plantations there many good penniworths frequently offering as may be found by inquiry here of such as have estates there though usually those that have least do most undervalue the place For if Jamaica lie under any ill character she owes it to some few Prodigals who having Riotously consumed that little they carried thither and being through ignorance or laziness incapable of any imploy come home and rail against the Country to justifie their unprofitable voyage and return There is also another imputation on Jamaica viz. the difficulty of getting due returns and recovery of just Debts To the first it hath usually more noise than substance for many men of declining fortunes to deceive their Creditors or otherwise boast of great concerns there and disappointments by their Factors and Agents c when really they have little or nothing in the Island for if they had the Law is open and much more cheap and expeditious remedies to be used there than in England though indeed as to the second some have herein met with obstructions partly occasioned by a former Law indulging all new Comers for 5 years against prosecutions for forreign Debts But that being now thought a disparagement to so populous and opulent a Colony was dislik't by the Lords Committees and is not confirmed Other inconveniencies some have met with for want of due information how to draw their proofs an procurations I would not encourage any litigious suits but for instruction of honest Creditors against able Debtors I should prescribe this method that all Letters of Attorny be Attested by Persons going
Title shall be made by any publick Attestation or otherwise as shall be beleived to be Evidence by the Judges and Jury to be recovered at any time without Limitation And be it further Enacted by the Authority aforesaid That all Bills of Sale and Conveyances whatsoever heretofore made or that hereafter shall be made by Husband and Wife and acknowledged before the Judge of any Court of Record within this Island and duly Recorded shall be good and Valid in Law against all Persons whatsoever that can or may pretend to Claim any Estate in the Lands or Tenements so conveyed to all Intents and purposes whatsoever as if the same had passed by Fine and Recovery in any of his Majesties Courts of Westminster Provided always that where any true and Valuable Improvement is made on such Escheated Land by the Patentee or Patentees during the said Three Years that such Heir before his Entring upon the same shall satisfie and pay unto such Patentee or Patentees all such Charges as the Chancellour for the time being shall judge to be reasonably Expended together with the Interest of the same according to the Custom of this Country any thing herein contain'd to the Contrary notwithstanding An ACT For Establishing Courts and directing the Marshals Proceedings FOr the better and more Orderly Regulation and Establishment of the several Courts of Justice within this Island as well in respect of the time as place for holding the same and also directing the Marshals Proceedings Be it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That the Judges of the Supream Court of Judicature for the time being are hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within His Majesties Kingdom of England have or ought to have and the said Court shall be duly and constantly kept at the Town of St. Jago de la Vega and not else where once every three Months and not oftner and that there be Five Judges at the least appointed to hold the same Court three whereof to be a Quorum and that the several Inferior Courts of Common Pleas established or that shall be Established in the several Precincts of this Island shall have Jurisdiction over all Causes wherein any Free-hold isnot concerned to the Value of Twenty Pounds with Cosles and no more and that the same be held and kept at the same time and in the same place of the respective Precincts where the Justices of the Peace shall hold and keep the Quarter Sessions once every three Months and that none of the said Courts be kept oftner nor in any other place or manner than is hereby declared Provided always and it is hereby Enacted by the Authority aforesaid that in respect Port-Royal is the Chief Seat of Trade within this Island and it is found by Experience that a quicker and more speedy dispatch of all Maritine and Merchandizing affairs give the greatest satisfaction to all Parties concerned it shall and may be Lawful for the Judg or Judges of the Court there Established to hold and keep the same once every two Months and not oftner and that it shall and may be Lawful for the Chancellour here for the time being upon application made to Grant a Justices to any of the Inferiour Courts within this Island any thing herein contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall not be Lawful for any Person or Persons whatsoever Appointed Elected or Chosen to be a Judge or Judges of the aforesaid Courts to Execute or Officiate his or their said Place or Office until such time as he or they shall respectively take the Oaths of Allegance and Supremacy in open Court and that none of the said Judges directly nor indirectly shall ask demand or receive any other profit benefit or advantage from any of the Clarks of the said Courts or other Person whatsoever under colour or pretence of such their Place Office or Authority but what is allowed them by the Acts of this Island under the Penalty of Five Hundred pounds of Currant Mony of this Island And be it further Enacted by the Authority aforesaid That all and every of the Judges of the several Courts before mentioned be and are hereby sufficiently Empowered to make order and establish all such Rules and Orders for the more orderly practising and proceeding in their said Courts as fully and amply to all Intents and purposes whatsoever as all or any of the Judges of the several Courts of the Kings Bench Common Pleas and Exchequer in England Legally do and that no Councillour or Attorney be suffered to practise in any of the said Courts until they be first admitted by the same and have taken as well the Oath of an Attorny as the Oaths of Allegiance and Supremacy under the Penalty of Twenty pounds of Currant Mony of this Island and whatsoever Councillor or Attorney shall by negligence or ignorance mistake his Clients Cause and Imperfectly lay his Action or ill Draw the Declaration whereby the Client shall suffer a Non-suit he or they so offending shall be lyable by Rule of Court without any other Process or course of Law whatsoever to pay unto the party aggrieved full Costs of Suit and to the end that no Person shall be Damnified by mistake of his Lawyer for matter of Form only Be it Enacted and Declared by the Authority aforesaid That the Judges shall at all times on Motion made in Court order Amendments and shall not upon Arrest of Judgment or Writ of Errour for matter of Form only reverse any Judgment whatsoever And be it Enacted and Declared by the Authority aforesaid That no Action of Wast shall be permitted to be brought or allowed to lye within any Court of this Island and that no Free-holder whatsoever being of know Residence shall be Arrested by any Process out of any of the said Courts upon the Penalty of Twenty pounds Currant Mony to be paid by the Plaintiff to the Party so Arrested and what Action or other proceeding whatsoever shall be entred sued had made or prosecuted thereupon contrary to the true intent and meaning thereof shall and is hereby declared to be void and of no Effect to all intents and purposes whatsoever And that no Suit be had or Process taken out of the Supream Court of Judicature for any matter or Cause of Action under the Value of Twenty pounds Currant Mony of this Island upon the Penalty of Twenty Pounds of the like Money to be paid by the Plaintiff in the said Action but that the same be tryed in the Court of the Precincts where such Cause of Action doth arise Provided that both Parties reside there and that the Inhabitants and Residents in St. Catharines St. Dorothy's St. Thomas