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
His Majesties Dominions and Territories and whereas not only against such Treaties of Peace made by His Majesty with his Allies but also contrary to His Majesties Royal Proclamation several of his Subjects have and do continually go off from this His Majesties Island of Jamaica into Foreign Princes Services and Sail under their Commissions contrary to their Duty and good Allegiance and by fair means cannot be restrained from so doing Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same that from and after Publication hereof it shall be Felony for any Person which now doth or within four Years last past heretofore hath or hereafter shall Inhabit or belong to this Island to serve in America in an Hostile manner under any Foreign Prince State or Potentate or any Employed under any of them against any other Foreign Prince State or Potentate in Amity with His Majesty of Great Britain without special License for so doing under the Hand and Seal of the Governour or Commander in Chief of this Island for the time being and that all and every such Offender or Offenders contrary to the true intent of this Act being thereof duly Convicted in His Majesties Supream Court of Judicature within this Island to which Court Authority is hereby given to hear and to determine the same as in other Cases of Felony shall suffer pains of Death without Benefit of the Clergy Provided nevertheless that this Act nor any thing therein contained shall extend to any Person or Persons which now are or have been in the Service or Employment of any Foreign Prince State or Potentate whatsoever that shall return to this Island and leave and desert such Service and Employment before the first day of January next ensuing rendring themselves to the Governour or Commander in Chief for the time being and giving him such Security as he shall appoint for their future good behaviour and also that they shall not depart this Island without the Governours Ticket And for the better and more speedy Execution of Justice upon such who having Committed Treason Piracies Felonies and other Offences upon the Sea shall be Apprehended in or brought Prisoners to this Island Be it further Enacted by the Authority aforesaid That all Treasons Felonies Piracies Robberies Murthers or Confederacies committed or that hereafter shall be committed upon the Sea or in any Haven Creek or Bay where the Admiral hath Jurisdiction shall be Inquired Tryed Heard Determined and Judged within this Island in such like form as if such Offence had been Committed in and upon the Land and to that end and purpose Commissions shall be had under the Kings Great Seal of this Island directed to the Judge or Judges of the Admiralty of this Island for the time being and to such other substantial Persons as by His Majesties Governour or Commander in Chief of this Island for the time being shall be named or appointed which said Commissioners or such a Quorum of them as by such Commission shall be thereunto Authorized shall have full Power to do all things in and about the Inquiry Hearing Determining Adjudging and Punishing of any of the Crimes and Offences aforesaid as any Commissioners to be appointed by Commission under the Great Seal of England by virtue of a Statute made in the Twenty Eighth Year of the Reign of King Henry the Eighth are Impowered to do and execute within the Kingdom of England and that the said Offenders which are or shall be Apprehended in or brought Prisoners to this Island shall be liable to such Order Process Judgments and Execution by virtue of such Commission to be grounded upon this Act as might be awarded or given against them if they were proceeded against within the Realm of England by virtue of any Commission grounded upon the said Statute And all Tryals heretofore had against such Criminal or Criminals before any Judge or Judges by virtue of such Commission or Authority at any time heretofore granted and all Proceedings thereupon are hereby Ratified Confirmed and Adjudged Lawful and all such Judges with all and every the Inferiour Officers that have Acted thereby are hereby indemnified to all intents and purposes whatsoever and in case they or any of them shall at any time hereafter be sued vexed molested or troubled for any such their proceedings as aforesaid he or they so sued vexed or molested shall plead the General Issue and give this Act in Evidence any Law Statute Custom or Usage to the contrary in any wise notwithstanding And Be it further Enacted by the Authority aforesaid That all and every Person or Persons that shall any way knowingly Entertain Harbour Conceal Trade or hold any Correspondence by Letter or otherwise with any Person or Persons that shall be deemed or adjudged to be Privateers Pirates or other Offenders within the Construction of this Act and that shall not readily endeavour to the best of his or their Power to Apprehend or cause to be Apprehended such Offender or Offenders shall be liable to be Prosecuted as Accessaries and Confederates and to suffer such Pains and Penalties as in such Case by Law is provided And for the better and more effectual Execution of this Act Be it further Enacted by the Authority aforesaid That all Commission-Officers in their several Precincts within this Island are hereby required and empowered upon his or their knowledge or Notice given That any Privateers Pirates or other Persons suspected to be upon any unlawful Design are in any place within their respective Precincts to raise and levy such a Number of well Armed Men as he or they shall think needful for the Seizing Apprehending and carrying to Gaol all and every such Person or Persons and in case of any Resistance or Refusal to yield Obedience to His Majesties Authority it shall be Lawful to kill or destroy such Person or Persons and all and every Person or Persons that shall Oppose or Resist by striking or Firing upon any of the Commanded Parties shall be deemed taken and adjudged as Felons without Benefit of the Clergy and every such Officer that shall omit or neglect his Duty herein shall forfeit Fifty pounds currant Money of this Island for every such Offence to be Recovered in any of His Majesties Courts of Record within this Island by Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed one Moyety thereof to be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other Moyety to the Informer and all and every Person or Persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Ammunition to such place or places as shall be appointed by the said Officer and not readily Obey his Commands in the Execution of the Premisses shall be liable to such