buy our goods, or not, does not suit an English genius, the genius of the English law. This is an order made by the king in council, in the year 1752. That order of council, and some other provisions that were made by that order, occasioned some uneasiness and misapprehension; therefore another order of council was made the following year, the 10th of August, 1753, which you will in the course of the evidence have read to you. There are some matters in it I will trouble you with. It was made upon the consideration of several papers transmitted from Minorca by general Blakeney, who was governor at that time. Several things were advised by the privy council. Among the rest, I shall just extract a few things. With respect of the first article in the civil branch, relating to the making the afforations, about which great complaints have been exhibited, that the governor be instructed to require the sionally, by the crown of Great Britain, for the internal police of the island. Gentlemen, I should inform you too, that the island of Minorca consists of five separate divisions or districts. In four of these they have magistrates annually elected. In the fifth, which is called the arraval of St. Phillip's, which is the fort of the island and its security, there the particular district which is just the suburbs, which takes in the town of St. Phillip's adjoining close to the foot of the citadel, that district is under the immediate government of the governor of the island appointed by the crown. There are no jurats, which the common name of the magistrates in the other divisions, who are elected by the people; but the proper officer for the police of the arraval is appointed by the governor himself, and I think his title is mustastaph: he is the officer appointed by the governor of the island. There is an extreme necessity, that more particular care should be taken in the re-jurats of the several terminos in the island, at gulation of the police of that part of the island all proper times and seasons, to make the which is immediately contiguous to the fort of same afforations: and in case the said juSt. Phillip's, and where there is a perpetual rats should refuse or neglect to comply garrison, for the sake of preserving military with his command therein, that then the said discipline. A law of this island, amongst others governor be authorised to make the said afforawhich is necessary to mention to you, because tions himself: but due care is to be taken, that the history of the transaction has immediate the said afforations be made equal and general, respect to it, is, that the jurats in the several as to all the things and persons subject to the parts of the island in the four other districts of the said afforations, as well as at all proper seasons. island, and the mustastaph in the arrava! of St. This word seasons' will have some meaning Phillip's, which is the fifth dependent district by-and-by. Then they go on with a great under the immediate dependence and govern. many regulations. Amongst the rest is, advisment of the governor himself, set a price, and ing the king for the future, by his letters patent value, and measure, upon the several commo- under the seal of Great Britain, to authorise the dities. I don't know whether it includes all governor, or in his absence the lieutenant-gocommodities, but wine, and corn, and other vernor, or commander in chief for the time things, which they call the afforation, that is the being, to exercise the power of civil governassize, or price to be paid, upon commodities to ment, as well as those of the military, taking be sold. Gentlemen, in the year 1752, (the care to preserve the one separate and distinct date here is material,) there was a regulation from the other: and that they should receive appointed by the crown, made by the king in all this power, but that they should be subject council. I extract that part of it that regards nevertheless to such instructions as should be the present question; that is, that the jurats of given by his majesty. He is to govern acall the universities (now universities are the dis- cording to these directions contained in the lettricts, and you see there are no jurats of any ters patent, as also to such instructions as shall universities, but these four districts and uni- be given to him by the king. Then, among versities are synonymous terms) that the other things, here is a direction, and this is very 'jurats of all the universities be left at full material: you see, it mentions some confuliberty, without the intervention of the com- sions that have arisen in respect to the regula'mandant, or any other of the royal officers, tions made before in 1752: that it may be to make the afforations, and settle the assize proper for the governor to endeavour to make ' and prices of all manner of corn, and all man- the inhabitants sensible of the great happiness 'ner of provisions, the produce of the island; they enjoy under the king's protection and goand also the prices of corn imported into the vernment, and to shew them that they have not 'island, and bought by the universities for the only at all times been treated with justice and good of the public; and that the natives and equity, but with lenity: that the increase of the inhabitants be at all times permitted to sell riches amongst them is owing, amongst other 'the same at or under the afforation, without things, to the great sums of money constantly 'any intervention of the governor or secre- circulated from the pay of the king's forces, taries, or any other person or persons acting and from the number of foreigners now setunder his authority.' You see, gentlemen, tled among them on account of their trade: that this order of council imports, that these and also the extension of their trade, they people are under the absolute despotism, if I being permitted to carry on commerce in like may so say, of the crown of Great Britain, be- manner with the rest of his majesty's British cause this is is a language that we in this coun-subjects: and that it is therefore expected, that try are not acquainted with. Whether to sell or they should, in return for so many great and real benefits, most heartily and effectually concur with his majesty's governor in any thing he shall propose for his majesty's service, and the good of the island, and demean themselves as become good subjects, &c. and it may not be improper for the said governor therefore to inform them of all their privileges. Gentlemen, observe these are founded upon the 11th article of the treaty concluded at Utrecht, on the 13th of July 1713; and that they cannot be entitled to any other privileges than those signified therein. And for the better information thereof, that they do lay the said articles before them, a copy whereof was annexed thereunto; by which it appears, that they are allowed to enjoy their honours and estates, and have the free use of the Roman catholic religion, and that means shall be used to secure it to them so far as is agreeable to the laws of Great Britain, which they still continue to enjoy without the least interruption, and without any fear or dread of the court of inquisition; and that at the same time may inform them, that, by the ancient laws of this country, the pope's bulls, &c. are not permitted to be executed in his majesty's dominions, nor any penalty levied or punishment inflicted under such decrees, without permission of the crown of Great Britain: and then it goes on and gives farther directions with regard to the governor's authority, and the necessity of these persous demeaning themselves cheerfully to the order of the governor; which is the government and constitution of that country. Now, gentlemen, you see that in 1753 some considerable regulations were made, to explain, and in some re spects to alter, the regulations which had been made in the year 1752. And another thing is clearly observed; that the tenor of all the instruments I have read some parts of to you, these regulations neither in 1752, much less by the explanation of them in the subsequent year, 1753, with regard to the afforation, could not possibly extend to the arraval of St. Phillip's, for the jurats were the persons who were to make the afforation in their several universities, or districts, or terminos, as they are called. Now, in the arraval of St. Phillip's, there were no jurats at all; consequently, that was to be made by the proper officer appointed by the governor himself, namely, the mustastaph. In case of the failure of the jurats making the afforation, the governor was to make it himself: but in this district there are no jurats. There is another thing to be noticed; and that is, that if particular care was not taken as to the afforation and manner of selling wine in the arraval of St. Phillip's, that is, where the garrison is; if great care was not taken of that, it might tend to the intoxication of the soldiers of the garrison, and might be attended with most pernicious consequences. For this reason general Blakeney, when he was governor of the island, soon after an explanation of the former regulation now made in 1753, that was continued afterwards by his successor governor Johnston, made a very proper regula tion with regard to wine, particularly in this arraval of St. Phillip's. That was soon after the order of council in 1758; I believe it was in 1758 or most likely was the begin. ning of the year 1754, that general Blakeney made the regulation I am now going to men1 tion to you. The mustastaph was an officer there that did the office of jurat in the other districts: he was appointed immediately by the governor. The jurats in the other districts were chosen annually by the people, in order to avoid any partiality, and to take care that the mustastaph shall do his duty regularly, that the inhabitants that have wine to sell shall sell their wine by turns; that all the people within the arraval of St. Phillip's shall sell their wines by turns; for if they were at liberty all to sell their wine as fast as they could sell it, that would, as I mentioned just now, tend to the intoxication of the soldiers, and to the ruin of the island. And the way that was appointed by general Blakeney in the year 1754 was, that they should ballot, or cast lots, for turns; and then the several people that had the lots to sell, should sell at an afforation settled by the mustastaph, at such a given time. Then the others shall come to their turn, as ballotted for; so that every one, in the course of his turn, taking the chance of the ballot, will sell his wine at or under, if he pleased, the afforation price, during the time specified. This was a regulation governor Blakeney made upon the order of council. The people of that district were all very well pleased, and things went on in very good order. The people were glad to be so regulated. This being approved of, and consequently being found by experience to be a very good regulation, and to answer all the good ends of government, it was continued during all the remainder of the time that general Blakeney was governor of the island of Minorca. When governor Johnston succeeded to the government of the island, he found this regulation, and the island in very good order and tranquillity. He found the regulation had answered all the good ends proposed by it, and he continued the regulation during all the time that he was governor of the island. In this situation the island was found by general Mostyn, the present defendant, when he succeeded Mr. Johnston to the government, on the 2nd of March, 1768, now five years ago. The present governor found it just as governor Johnston had found it before, and which certainly bore testimony to the wisdom of general Blakeney, as well as of the government from whom he received his orders. It had been approved of in England, and was approved of by the inhabitants there, the Minorquins. It answered all the good ends proposed by it. It produced peace, tranquillity, and harmony in the island, which had been torn by seditions and disputes before, as the order in 1753 recites. General Mostyn continued it. And, gentlemen, the continuance and observance of that order is the very cause of the complaint now before you: and this made my friend so particular. There is nothing more nor less, as you will see byand-by, than his continuation of the order of government, which had been prescribed, you see, in 1754, and continued all the time down, till the revolting spirit of the plaintiff thought proper to break through all order. Gentlemen, it will be time now for me to take notice, as I have so far gone into the general history, of another circumstance, which is notorious to all the gentlemen who have been settled in that island, as well governors as the other military gentlemen that have been there, that the native inhabitants of Minorca are but ill affected to the English, and to the English government. It is not much to be wondered at. They are the descendants of Spaniards. They consider Spain as the country to which they ought naturally to belong; and it is not at all to be wondered at that these people are not well disposed to the English, who they consider as their conquerors. A strong instance of that happened at the time of the invasion of Minorca by the French, when the French took it, which I believe was in the year 1756, the beginning of last war: and it is very singular that hardly a Minorquin took arms in defence of the island against the French; the strongest proof in the world that they were very well pleased at the country being wrested from the hands of the English. The French did take it, as we all very well know; but, thank God, we have it again. Of all the Minorquins in that island, perhaps the plaintiff stands singularly and most eminently the most seditious, turbulent, and dissatisfied subject to the crown of Great Britain, that is to be found in the island of Minorca. Gentlemen, he is, or chuses to be, called for this purpose the patriot of Minorca. Now patriotism is a very pretty thing among ourselves, and we owe much to it; we owe our liberties to it: but we should have but little to value, and perhaps we should have but little of the liberty we Dow enjoy, were it not for our trade. And for the sake of our trade it is not fit we should encourage patriotism in Minorca; for it is there destructive of our trade, and there is an end to our trade in the Mediterranean if it goes there. But here it is very well; for the body of the people of this country they will have it: they have demanded it, and in consequence of their demands they have enjoyed liberty, which they will continue to posterity; and it is not in the power of this government to deprive them of it. But they will take care of all our conquests abroad. If that spirit prevailed in Minorea, the consequence of it would be the loss of that country, and of course our MediterraDean trade. We should be sorry to set all our slaves free in our plantations. Gentlemen, having now troubled you so far in general concerning the law, the situation, and government, of this island, and given you a hint too of the spirit of the plaintiff, which I don't wish to make the least impression upon you, unless the evidence of facts, which we shall produce, makes impression upon you; give me leave to descend to the particular circumstances which gave rise to the matter now complained of. The plaintiff, Fabrigas, was a native of the town of St. Phillip's, and within the arraval of St. Phillip's, and consequently under the imme diate eye of the governor himself, as he was within that district which is regulated by the mustastaph. In July 1771 he thought proper to present a petition to governor Mostyn, the defendant, in this form: "Sheweth, that your petitioner has now by him twelve casks of wine of the produce of his own vineyards, without having purchased so much as a grape of any other person, of which he has not sold a drop, when several other inhabitants of the town have sold all theirs, as well from the produce of their own vineyards, as what they bought to make a profit by; and this with Mr. Allimundo the mustastaph's permit. That the petitioner, on the 28th instant (July) applied to Mr. Allimundo for measures to sell wine by, of the rate of two doublers per quarter less than the afforation price, which would have raised a profit to the troops and the poor inhabitants of St. Phillip's: but notwithstanding his demand was very reasonable, and conformable to the express disposition (direction I suppose he meant) of the first article of his majesty's regulations of 1752, regulating this island, where it is expressly mentioned that the inhabitants shall always be permitted to sell at the price of the afforation, or under it; Mr. Allimundo refused his petition, telling him that he would not buy his wine: and that this is not only against the reason and justice of the public, and the garrison of St. Phillip's, but also contrary to his majesty's orders in the said regulation:" and he mentions that the mustastaph had made fifty casks of wine, and sold them. Now, gentlemen, two or three observations occur, before we go any further. In the first place, this gentleman, if I may call him so, this Fabrigas, goes upon the idea of the regulation of 1752 being disannulled. In the second place, he goes upon the idea, that the order that was made of 1752, was universal over all the island, without distinction of this district in the arraval of St. Phil. lip's, in both which you see he was mistaken. Another thing, which don't strike so immediately from what I have read, and yet here give me leave to take notice of it-it is artfully thrown into this petition, as if the good of the garrison was very much concerned in his having his petition granted. And, gentlemen, I do assert, and shall be justified in the assertion, I dare say, by your opinion, before I have done, or at least before the evidence is gone through, that his design, from the beginning to the end of it, was to stir up sedidition and mutiny; and amongst the rest, particularly to point to the passions and inclinations of the soldiers of the garrison to take his part against the governor. This petition being presented to the governor, the governor called upon Mr. Allimundo to give an answer to this man: for you see he complained, that he, Fabrigas, had not the permission to sell his fruit at the fixed price, the afforation, or under: secondly, that no commander, judge, or officer, be allowed to have any traffic, bargain, or so forth: [It cites a great deal of this order, and then he takes notice] that Allimundo, who does the functions of mustastaph, bought grapes and made wine. And then he offers to sell to the inhabitants in the garrison of St. Phillip's, twelve casks of wine that he has got by him of his own vineyard's produce, at two fixed price. The petitioner has applied several times to your secretary's office for your excellency's decree [that is, for his answer]. Your secretary told your petitioner verbally, that your excellency was satisfied with the answer given by Allimundo; at which he is surprised, as he is ready to prove, in a judicial way, the truth thereof." [Then he prays the governor to give his decree at the foot of the memorial, and to have the satisfaction to justify himself. and to prove his charges against Allimundo.] own wine, Allimundo having refused him the measure by which he should sell it; and in the next place, that Allimundo himself had sold his wine. Allimundo did give an answer to this; for the governor, willing to serve every body, and to act with the most impartial justice, and being uneasy himself, that any Minorquin should be uneasy; for the uneasiness of a Minorquin perhaps diffuses itself further than a particular man, and is a fit matter to be attended to by government; he called upon Alli-doublers less than the ordinary afforation and mundo to explain this matter. Allimundo gave a full and clear auswer to the matter; and stated in that answer, that Fabrigas's complaint was, because his turn for selling wine had not come, according to the lots I mentioned just now, and that was the only reason why he had not yet sold a drop; for no man could sell a drop, till by balloting his time was come: so that Fabrigas had nothing to complain of. But he insists, that no man ought to be bound by the lots, but that every man had a right, by the regulation of 1752, not taking notice of the regulation since that, but that any man might sell under the afforation price: therefore he, offering to sell under the afforation price, ought to be permitted to sell his wine without waiting for ballotting. He was mistaken here: first, because that order of 1752, had been rescinded, and was not the binding order: second, that he lived in a district, where it was not to be regulated by jurats, but by order of the governor: thirdly, that the regulation which had been obtained in the former governor's time had been the way I have represented to you: in all which particular heads he was grosly mistaken; and therefore he had no cause of complaint that he had not sold any of his wine, his time for sale being not yet arrived, according to the regulation of the lots. With regard to the other part of the complaint, that Allimundo sold his wine; Allimundo freely insisted, that he had a right to do so. He claimed a right which had been enjoyed by all his predecessors, and which he could not, without an order from the governor, depart from, not only for his own sake, but for the sake of his successors; that he had a right to sell his own wine without resorting to the lots, and that he had not bought any wine, but sold his own wine. This answer being given by Allimundo to the governor, the governor upon that sent word to the plaintiff, that he had enquired (for he had not taken Allimundo's word for it, but had enquired) into the matter, and found what Allimundo had done was right, and afforded no cause of complaint. This was some time in July. Upon the 11th of August, this Fabrigas thought proper to prefer another petition in these words, "I had the honour to present a memorial to your excellency, shewing, the transgressing and not observing in the said town two regulations given upon the 28th of May 1752, by his Britannic majesty [still adhering to the order of 1752, as if there had been no subsequent order] that the inhabitant should be permitted to sell his Gentlemen, this second petition being presented to the governor upon the 16th of August, which was five days after the date of it, governor Mostyn took the only possible step for a man in his situation to take, consistent with wisdom and justice; and that is, to refer both the petitions, or memorials, as well the former as the second, to the proper officers of justice, for their determination. Accordingly he did refer not only the two petitions, but also the answer or justification of Allimundo. He referred all these papers to the only proper officer there to refer this matter to, namely, the solicitor general of the island, and Dr. Markadal, the first law officer, in order that they might enquire into the matter of complaint, and impart their opinions. They made their report upon the 21st of August to the governor. Now you will see what were the opinions of the lawyers of the island at that very time, that the orders of his majesty in council, of the year 1752, relative to the sale of wine, had never been executed in the suburbs of the castle of St. Phillip's. You see it is just what I told you at first; that is, the arraval of St. Phillip's, that order of 1752, was never understood to extend to that particular district, which is under the immediate government of the governor himself, that is the place where this man dwelt. Then they say, secondly, that the custom observed in the suburbs, upon the sale of the wines of the inhabitants, has been, that the mustastaph had the direction of distributing the measures among those inhabitants, which was continued till some years past; when lieutenant general James Johnston, lieutenant governor of the island, in order to avoid complaints, formed a regulation, dividing the said suburbs into four quarters, and ordered that the wine should be sold by such of the inbabitants unto whom it should fall (1 see I am mistaken; it was introduced, I see, by governor Johnston), which regulation at this time exists. The third is, that Antonio Allimundo was elected mustastaph. Fourthly, that Alli mundo, Joseph Neto, Ralph Preter, and Joseph Leslie, who are the persons that have exeeuted the office of mustastaph of the said suburbs for several years past, have been accustomed to purchase grapes for making wines: -this is the defence of Allimundo. Then, fifthly, that the bailiffs, jurats, mustastaphs, and other public officers, make, and have been accustomed to make wine from grapes bought by themselves. And then lastly, that the making of wine from grapes bought had not been reckoned an illicit traffic, nor incompatible with the office of bailiff, jurat, mustastaph, and so forth. Now see what method these officers took to be informed of this matter, in order to give the answer to the governor. "This, sir, is what in obedience to your excellency's order, we can inform you of, according to what appears to result from the declarations which we have received upon oath from the properest persons, whose original depositions remain among the archives of the royal government." These two observations naturally occur. In the first place, that the governor took the only method he could, upon the complaint of this man, to refer it to the only proper officer of the island, upon whose report he might depend, with the power of examination by this officer, of all proper persons upon oath, for their information. That upon the result of the report of this officer, it appears that the complaint of Fabrigas was groundless. It was groundless both with respect to his claim of right to sell out of the order, by casting of lots: it was groundless, likewise, with regard to his complaint against Allimundo, for having sold wine himself. For they say that the regulation made in 1752, had never applied to the district of St. Phillip's, that is, the arraval of St. Phillip's. They say, secondly, that within that district they had always sold their wine by lots. And they say, thirdly, that the mustastaph, and the other officers that do fix the afforation, have always sold wine the way that Allimundo has. This was the answer that was given, and this the report that was made to the governor, in consequence of his having referred to them the two petitions of Fabrigas, as well as the answer of Allimundo to the petition. Gentlemen, they afterwards made another report; for this, I told you, was on the 31st of August. They made another report four days after upon the 4th of September: they gave an account, for the governor was very desirous to know in what manner these gentlemen had proceeded. (You see there is a general allusion at the foot of the report, to their having examined proper persons upon oath.) The governor was exceedingly desirous to know in what order these gentlemen had proceeded, to see whether all possible care had been taken to avoid complaint, and from an earnest desire he had, that all causes of complaint might subside, that there might be one universal rule of good government preserved among the Minorquins: and to be sure, he must be answerable to the crown | of Great Britain for any improper conduct. "We, upon the same day, the 16th, that is the day of reference, we wrote to the said Allimundo and Fabrigas, citing them by our commission, and ordering them to appear upon the 20th; and in obedience to which they having appeared, we again ordered them to appear on the 23d following with their proofs and documents. At their appearing on the 23d, we demanded of them their proofs and justification; when Fabrigas answered, he did not intend to enter into the same, till he had obtained the decree of the 3d memorial, that is, the answer of the governor in writing. On the 26th, Fabrigas was convoked in your excellency's office, where it was asked, what action it was he intended by these memorials against Allimundo, whether civil or criminal? And having time given him to answer, he replied, a civil one: all which appears by the acts to which we refer. As the said Fabrigas hath not this day represented before us any proof by way of justification of his said two memorials, we therefore, for this reason, have the honour to submit the same to the consideration of your excellency's wisdom, that you may not impute to us the least omission of the lively desire we have to execute the orders of your excellency." This is dated the 4th of September. Upon this order, this report that was then made upon the 4th of September, which gave a clear satisfaction that every thing had been done with proper care and caution to prevent any complaint, this Fabrigas presented a third petition or memorial. I call them petitions, remonstrances-I don't know what name to call them by, but still they have the title of a petition-he called it the humble petitionand in this third, as in the second, he had complained of Allimundo. Now here is a remonstrance against the judges: That whereas the judges delegated by your excellency". Court. Of what date is this? Serj. Davy. I have no precise date to it. "The judges have denied him a communication of the answer given by Allimundo, who does the functions of mustastaph of St. Phillip's: prays you will be pleased to order the judges to receive the witnesses which are produced to justify the articles." And then follows upon this, no less than twelve articles of impeachment, as it were; articles upon which the witnesses were produced to prove some facts committed by Allimundo against his majesty's orders, and to prove some injustice done by Allimundo against the Minorquins inhabiting the town of St. Phillip's, and against his majesty's troops of that garrison. Then follows a string of twelve articles, which I don't mean to read to you now: you will have them by-and-by in due order. Then he speaks of the prices of meat, fish and several other things, all which he complained are not well done; and there is a general complaint throughout the government of all the officers, that all the Minorquins are ill-used by the misconduct, misrule and |