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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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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
very Populous and contains about a 1000 Houses many of which are built with Bricks and beautified with Balconies after the modern way of building in London the Streets are also regular and kept very clean there is also in it a fair Church built with Brick and Stone and handsomely finished within and for the defence of the Town and Harbour there are 5 Forts strongly built with Stone on which are mounted about 110 large Guns all kept in good order hither resort most of the Ships here is the Custom-house here live the Merchants and here is mannaged the chiefest part of the Trade of the Island To this Harbour belongs about 100 fine sailing Sloops from about 12 Tuns to 40 Tuns in bigness most of them built in the Country which find very good imployment in trading and carrying goods about the Island and to the Spaniards catching of Tortoise and other ways by which their owners live very well About 7 Leagues to the Westward of this is an old Harbour a very large good and safe Harbour for Shipping and here also is a small Town built which daily encreases as the inland parts of the Country about it are more and more setled and planted More Westerly is Carlisle Bay a safe Road for Shipping and there is likewise built a pretty Town of that name of about 100 Houses which has a fine Trade that also increases as the Country does in Plantations farther West is Bluefields Bay and other good Roads and the like there is also in St. James's St. Anns and St. Maries on the North side of the Island and in the Parish of St. Georges in the North-East parts is Port Antonio a safe and good Harbour and such another in the South-East part called Port Morant besides divers good Bays more on the South side as Morant Yallahs c. So that there want not conveniencies for the Importing or Exporting of their Commodities in any part of the Country There are no Poysonous or hurtful Creatures known to be in this Island nor any voracious but the Crocodil of which though there are many in the Sea and the Rivers yet it is rare to hear of any injury done by them There is but one Town in the inland parts of the Country and that is called St. Jago de la Vega it is seated near the banks of a fine River on the one side and on the other is A large Plain or Savanna of several Miles extent it is about 6 Miles from the Sea of Port Royal Harbour and was built by the Spaniards many years since and in their time was a large Town and well built after their manner but on the first Peopling of the Island by the English when they were only an Army many of the Houses were destroy'd by the Souldiers and have not since been rebuilt because the trade of the Country consisting wholly of Planters and Merchandizing the one sort whereof living scattered about the Country as Farmers do in England and the other dwelling in the Sea-port Towns there is no occasion in the Inland parts for such a Community of Men to dwell together as that Town would have receiv'd had it continued in its former greatness yet here are still many Streets and fair Houses here is also the seat of the Government The Governours House and Chief Courts of Justice here the Assembly met and here are kept all the Records of the Island The chiefest Commodity that this Island makes is a sort of Muscovadoe Sugar that excells any that is made in any other of his Majesties Plantations the quantity of which increases so much every Year that it gives Addition to the number of Ships Trading thither besides this Sugar there are great quantities of Indico Cotton Ginger Tobacco Piemento Cacaes Hydes Achiots Tortoise-shell and divers sort of dying and other woods for fine Joyners work and Cabinets growing there all which Commodities are as good in their kinds as are in any Country and excepting the Sugar Indico Cotten Ginger and Tobacco are peculiar to this and are in no other of His Majesties Plantations there are also many other accidental Commodities brought in from the Spaniards as Log-wood Plate Pieces of Eight Gold Pearl Emeraulds c. by means of which Manufactory and Trade there is not less then 20 Sail of Ships of 300 Tuns a piece Burthen and upwards besides others which only use that Voyage and of all sorts above 100 sail of Ships now laden every Year and as the Island fills with English and is supplyed with Negroes the Trade and Shipping will both encrease This Island depends wholly on His Majesty without any other Proprietors or Companies and ever since His Majesties happy Restoration he has been graciously pleased it should be Govern'd by a Governour fully Impowered by His Majesties Commission who has a Council consisting of 13 of the gravest and chiefest Gentlemen of the Island to advise with on all occasions and to them when it is requisite there is called an Assembly of Two and thirty of the Gentlemen of the Country chosen by the Free-holders from among themselves by vertue of His Majesties writ which to that end is Issu'd out by the Governour into the several Precincts of the Country These together with the Governor and Council make such Laws as are necessary for the well Governing of the Island and to the making of any Law there must be the consent of the Governour Council and Assembly as three distinct States of which if any one dissent no Bill can pass into an Act so that the making of Laws there is Assimilated as near as may be to that of our Native Country of England and these Laws so made are of Force at all times until His Majesty be pleased to declare his pleasure to the contrary And for the Incouragement of any of His Majesties Subjects to go thither with intent to settle and Plant His Majesty is graciously pleased to give every Man for himself Wife Children and Servants and all he brings with him or shall at any time after import 30 Acres of Land for every head in any part of the Island that they themselves shall choose which is not already possest by others they paying only the common charges of the Surveying and the Patent and this passes to the Possessor his Heirs or Assigns for ever by his Majesties said Grant under the great Seal of the Island in common Soccage which Patent being enrolled in the Office for that purpose established there is good against His Majesties claim or any pretenders whatsoever though the Patent it self should happen to be Lost Burnt or any otherwise destroyed the manner of the civil Government there is as in England by Sessions of the Peace Justices Constables and other necessary Officers which are appointed in the several parts of the Country as there is occasion that Justice may be equally distributed And for the Military Government and defence of the Island every Man from 16 years old to