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A46390 The laws of Jamaica passed by the assembly, and confirmed by His majesty in council, Feb. 23. 1683 : to which is added, A short account of the island and government thereof, with an exact map of the island.; Laws, etc. Jamaica.; Hanson, Francis. 1683 (1683) Wing J124; ESTC R8077 81,296 288

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THE LAWS OF JAMAICA Passed by the Assembly And Confirmed by His MAJESTY IN Council Feb. 23. 1683. To which is added A short Account of the Island and Government thereof With an Exact Map of the Island LONDON Printed by H. Hills for Charles Harper at the Flower de Luce over against St Dunstan's-Church in Fleet-street 1683. TO THE READER Reader I Have now neither time to write the particulars of the History of that Flourishing Island of Jamaica nor conveniency to insert it into this Book of the Laws of that Country because I should thereby make it to swell beyond the intended conveniency of a Pocket-Book But for the better satisfaction of any that may be inclin'd to remove themselves to that Island I have been desired to write this short but true account of that Country which please to take as followeth The Island of Jamaica fell first into the Possession of the English the 10th day of May in the year 1655. The Middle of it is situated nearest in 17 degrees 40 minutes of North Latitude so that their longest day from Sun Rising to Sun Setting is 13 hours 4 minutes and their shortest 10 hours 56 minutes The difference of Longitude from the Meridian of London to the Meridian which passes over Port-Royal the chiefest Town there is 78 degrees 45 minutes Westward which causes 5 hours 15 minutes difference in time so that when it is Noon-day there it is a quarter of an hour past 5 in the Afternoon in London The length of the Island lies nearest East and West and is accounted to be 180 Miles and the bredth in the broadest part of it 45 Miles so that its Figure is nearest an Oval It lies under that which is called the Torrid Zone nevertheless the Air is moderately temperate occasion'd by the long absence of the Sun every night by the strong Easterly Breezes which generally blow from 8 or 9 in the Morning to 4 or 5 in the Afternoon and by the Land Wind which is a small cool Breeze that comes off the Shoar from all parts of the Island in the Evening and blows gently all Night The Nights are for the most part fair and not a Cloud to be seen in the Sky so that by their clearness and coolness they are exceedingly pleasant The Day time is much more hot and troublesome by reason of the Sun and the Sea Wind which most days blows very hard If the weather be such as is accounted seasonable it commonly rains a shower in the inland parts under the Mountains more or less every Day about 1 or 2 a Clock from the beginning of April to the beginning of December with Thunder and Lightning and this makes the Island fertile especially if accompanied with those they call the general seasons which are commonly great rains in May and November that continue Night and day with small intermission for 8 or 10 Days together but these failing as sometimes they do is prejudicial to all things in the Country the rest of the Year is for the most part very fair and delicate weather without much rain Thunder or Lightning and not at all too hot There are Earthquakes sometimes two or three perhaps in a Year but so moderate that they are over before one can well be sensible what they are and never have yet been so violent to do any harm The Middle parts of the Island are very full of Mountains which towards the Eastward end of it are so high that they are not habitable scarce accessible These Mountains for the most part are covered with large Timber-trees of divers sorts of Wood fitting for building and several uses as well as for bearing many sorts of Fruits which maintain great plenty of Pigeons Doves Parots and other sorts of Birds and also of wild Hoggs all very good for food betwixt these Mountains there run many Rivers several whereof by the acquisition of divers of the smaller Rivulets become large but few Navigable by reason they are for the most part barr'd at their falling into the Sea and many of them sinking into the ground when they come into the Low-lands before they can reach thither these Rivers are well stored with good Fish Mullets Creafish and Eeles such as are in England the rest strangers to the English Climate though all very sitting to be eaten The Sea about this Island is also plentifully stored with many sorts of very good Fish and likewise with Tortoise and Manates both pleasant and delicious Food The Low-lands and Plain grounds are where the People generally Inhabit and in these are Level tracts of several Miles in length and bredth like our Meadows full of Grass called Savannas which Name they retain from the Spaniards in these are bred great plenty of Cattle Sheep Horses Asses and Mules sufficient both for food and service there is also in the Country great stocks of Hogs Hens Ducks Pigeons Rabbets Turkeys and divers kinds of wild Fowl and also sufficient stores of all sorts of Garden Herbs and Roots Pulse and Sallads and with excellent Fruits some known here as Grapes of divers sorts and from several Countries Lemons Oranges Citrons Pomgranats and Musk Mellons besides other very good Fruits proper to that Country as the Celebrated Pine many more not much inferiour to that incomparable Fruit and that which makes these Fruits of the more use and beauty and the Country thereby the more pleasant is that they as well as the leaves on all the Trees continue all the Year there being no Winter or decay but a continual Spring on every seasonable shower of rain so that there is nothing wanting for a necessary plentiful or delicate living In this Island are many convenient Harbours for Shipping besides several Bays and Roads fitting for the landing or takeing off of Goods The chiefest of these is Port-Royal which in its safety for Shipping depth of Water cleanness of Ground and conveniency of the Shore and Wharfs for lading and unlading of Shipping may compare with any in the known World and to add the more to the security of this and the other Harbours of this Island those dreadful Hurricans which often afflict the Islands of Barbados Nevis c. never yet came near this Country Adjoyning to this Harbour on an Isthmus of Land is a handsome Town of the same Name built from the Foundation by the English the ground it stands on is but 53 Acres and cannot be inlarged in its buildings otherwise then what the Inhabitants gain by the height of their Houses for it 's incompassed all round with the Harbour and Sea unless on the East part and there the Isthmus being narrow is cut off from the Sea to the Harbour with a strong and well fortified Wall built with Brick and Stone and sufficiently Gunn'd to secure the Town from any attempt from the Land part without which Wall none are suffered to build that so there may be no shelter for an Enemy This Town for its bigness is
and Articles the Commander in Chief with Advice of a General Council of War is to make and Establish and the Commanders of the several Regiments to give out Copies of the said Articles unto their respective Officers that the same may be publickly read once every Six Months unto the Souldiers whilst they are in Arms that all Persons may the better know and observe their Duties and if it shall happen that any of the Officers or Souldiers shall when they are out of Arms endeavour to take revenge by force for any thing his or their Superiour Officers Lawfully did in pursuance of his or their duty and this Act the said Officers and Souldiers shall be brought to a Court Marshal and there punished as if the offence had been done in time of Service or Exercise Provided that the said Punishment do not Extend to Life or Limb. And be it further Enacted by the Authority aforesaid That once every Year or oftener if thereunto commanded each particular Captain shall give to his Field Officer and the Field Officer to the Commander in Chief fair Written Rolls of their respective Companies and Regiments and if any Field Officer Captain or other Inferior Officer or Souldier shall neglect or contemn performing the Lawful Commands of their respective Superiour Officers he or they shall be punished by Fine Casheering or Punishment according to the Discretion of a Court Marshal which the Commander in Chief is to appoint and Establish and the Orders of the said Court Martial are hereby declared to be Binding in all Military Affairs And if any Person upon any Invasion or other Publique Military Service be Wounded or Disabled he shall be Cured and Maintained out of the Publique Revenue and if any Person whatsoever shall be Sued Molested or Impleaded for any thing Lawfully commanded in the Execution and Pursuance of this present Act he shall plead the General Issue and give this Act in Evidence and shall thereupon if found for him recover Costs of Suit and treble Damages And be it further Enacted by the Authority aforesaid That upon every Apprehension and appearance of any Publique danger or Invasion the Commander in Chief do forthwith call a Council of War and with their Advice and Consent cause and Command the Articles of War to be Proclaimed at Port-Royal and St. Jago de la Vega from which said Publication the Martial Law is to be in Force that then it shall and may be Lawful for the said Commander in Chief to Command the Persons of any of His Majesties Leige People as also their Negroes Horses and Cattle for all such Services as may be for the Publick Defence and to pull down Houses Cut down Timber command Ships and Boats and Generally to Act and do with all full Power and Authority all such things as he and the said Council of War shall think Necessary and Expedient for His Majesties Service and Defence of this Island Provided always and it is the true Intent and meaning of this Act that as soon as the Common Law revives and is in Force the said Negroes Servants Cattles Ships or Boats so Imployed as aforesaid be immediatly discharged and to the end it may be certainly known when the Martial Law ceaseth and the Common Law taketh place It is hereby declared that upon Lodging the Colours and discharging the Soldiers from their Arms the Martial Law ceaseth and the Common Law revives and taketh place Provided also that the Martial or his Deputy shall not presume to arrest any such Souldier within one Month after every such discharge nor in the time of his going or coming to or from the place of Exercise or Rendevous under the Penalty of Ten pounds and of being further lyable to an Action of false Imprisonment and in case of any such Arrest it shall be Lawful for the respective Captain or other Commission Officer to release any of his or their Souldiers so Arrested And it is hereby further Enacted and Ordained by the Authority aforesaid That if upon any Alarm or Invasion any Person or Persons whatsoever shall suffer either by the Landing of an Enemy or drawing together His Majesties Forces of this Island all such Damage or Damages whether in Servants Negroes Horses Cattel or in the Labour of any of them or in the expence of Provision or by Fire or by any other Loss whatsoever that may Accrue by the means aforesaid that then upon due application and Proof thereof made unto the Governour and Council the said Damages shall be reasonably Valued and forthwith payd out of the Publick Revenue and that if there be no Mony there the Governour and commander in Chief do forthwith call an Assembly and recommend to them all Cases of the like Nature so that Mony may be Legally raised for the Publick Disbursements and every one receive just and equal satisfaction for their losses Provided always and it is hereby Enacted and declared by the Authority aforesaid That the several Fines and Forfeitures Mentioned in this Act and not Declared in what manner they shall be recovered and how disposed of that all such as do Relate to any Person under the degree of a Captain shall be to the respective Captains to Defray the Charge of their Companies or Troops and to be Levyed before the next Exercising day by distress and Sale of the Oftenders Goods by the Captains Warrant to the Serjeant or Corporal and if no Distress be found the Punishment to be by Ryding the Wooden Horse or being tyed Neck and Heels not exceeding an Hour at the discretion of their Officer but if the offender be a Servan● the Owners Goods shall be lyable to the Distresses and Sales as aforesaid so that Satisfaction may be made and for all other Penalties mentioned in this Act the same shall be levyed by Distress and Sale of the offenders Goods and Chattels by the Provost Marshal by Warrant from the Commander in Chief one half thereof shall be to Our Soveraign Lord the King His. Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Informer And be it further Enacted by the Authority aforesaid That it shall and may be Lawful for any Commission Officer belonging to the Regiment on Port-Royal under the degree of a Captain in the absence of the said Captain from of the Point to Grant Warrants of distress against any Persons whatsoever that shall Absent themselves from their Duty on the night Guards without sending a sufficient Person to serve and Watch in their Stead which said Warrants so Granted shall be as Effectual to all Intents and purposes whatsoever as if they or any of them had been granted by the Captains themselves And be it likewise Enacted by the Authority aforesaid That no Wherry Ships Boat or Canoa shall at any time pass the Fort at Port-Royal under the Penalty of Twenty Shillings to be recovered by Warrant from any