shall first come on Friday the 2d day of July, at the Guildhall of the city of London, according to the form of the statute in such case made and provided) for default of jurors, because none of them did appear. "At which day, before our lord the king at Westminster, came the aforesaid Alexander Campbell, by the said Benjamin Rosewell, bis attorney aforesaid. And the said chief justice, before whom the issue was tried, sent hither his record had in these words, to wit, "Afterwards, that is to say, on the day and at the 'place within contained, before the right 'honourable William, lord Mansfield, the chief 'justice within written, John Way, gentleman, 'being associated unto him according to the form of the statute in that case made and pro'vided, comes as well the within named Alexander Campbell, esq. by his attorney within 'named, as the within named William Hall, esq. by his attorney within mentioned. neuter, and shall not be obliged to take arms against his most Christian majesty; nor even against any other power. "Answer-They become subjects of his 'Britannic majesty, and must take the oath of allegiance, but shall not be obliged to take 'arms against his most Christian majesty until a peace inay determine the fate of the island. "Article the fifth-They shall preserve their ⚫ civil government, their laws, customs, and ' ordinances justice shall be administered by the same officers who are now in employ'ment; and there shall be a regulation made 'for the interior police between the governor of his Britannic majesty and the inhabitants: and in case that at the peace the island shall 'be ceded to the king of Great Britain, it shall 'be allowed to the inhabitants to preserve their political government, and to accept that of 'Antigua or St. Christopher's. Answer-They become British subjects, (as in the preceding article) but shall continue to be governed by their present laws until his "Article the sixth-The inhabitants, as also 'the religious orders, of both sexes, shall be 'maintained in the property of their effects, 'moveable and immoveable, of what nature soever, and shall be preserved in their privileges, rights, honours, and exemptions; their 'free negroes and mulattoes shall have the entire enjoyment of their liberty. "And the jurors of the jury within mentioned being summoned, some of them, that is to say, Anthony Highniore, Peter Bostock,majesty's pleasure be known. David Chambers, James La Motte, Jobn • Wilkinson, Joshua Bedshaw, and Silvanus • Grove, come, and are sworn upon that jury: And because the residue of the jurors of the 'same jury do not appear, therefore other per sons, of those standing by the court, by the 'sheriffs of the city and county aforesaid, at the request of the said Alexander, and by the 'command of the said chief justice, are now 'newly set down, whose names are filed in the within written pannel, according to the form of the statute in that case made and pro'vided. Which said jurors, so newly set 'down, that is to say, John Lee, William Kersil, Charles Hougham, John German, and Richard Hatt, being required, come, who, 'together with the said other jurors before im'pannelled, and sworn to declare the truth of 'the within contents, being elected, tried, and sworn, upon their oaths say, "That the island of Grenada, in the WestIndies, was in the possession of the French • king until it was conquered by the British arms in 1762. And that during that possession there were certain customs and impost ⚫ duties collected upon goods imported and ex'ported into and out of the said island, under 'the authority of his most Christian majesty. And that in the said year 1762, the said island 'was conquered by the king of Great Britain, then in open war with the French king: and that the said island of Grenada surrendered to the British arms upon the same articles of capitulation as had been before granted to the ' inhabitants of the island of Martinico, upon 'the surrender thereof to the British arms. And that in the articles of capitulation de'manded by and granted to the inhabitants of ⚫ the said island of Martinico, upon the surren der thereof to the British arins, dated the 7th day of February, 1762, are the following ⚫ articles, that is to say, "Article the fourth-They shall be strictly VOL. XX. "Granted, in regard to the religious orders→ The inhabitants, being subjects of Great Bri. tain will enjoy their properties, and the same privileges as in the other his majesty's Lee'ward islands.' "Article the seventh-They shall not pay to 'his majesty any other duties than those which have been paid hitherto to his most Christian 'majesty; and the capitation of negroes upon the same footing it is paid at present, without any other charges or imposts: and the exSpences of justice, pensions to curates, and other occasional expences, shall be paid by the domain of his Britannic majesty, as they 'were by that of his most Christian majesty.' "Answered in the sixth article, as to what regards the inhabitants. "Article the eleventh-No other than the inhabitants resident in this island shall, till the peace, possess any estates, either by acquisi tion, agreement or otherwise: but in case at the peace the country shall be ceded to the 'king of Great Britain, then it shall be per'mitted to the inhabitants, who shall not be willing to become his subjects, to sell their estates, moveable and immoveable, to whom they please, and retire where they shall think proper; in which case they shall be allowed 'convenient time. [Answer.] All subjects of Great Britain may possess any lands or 'houses by purchase. The remainder of this 'article granted, provided they sell to British subjects.' ་ "And the jurors aforesaid, upon their oaths aforesaid further say-That in the definitive R treaty of peace and friendship between his Britannic majesty, the most Christian king and the king of Spain, concluded at Paris the 10th day of February 1763, amongst others are the following articles: tracting parties guaranty the partition so stipulated.' "And the jurors aforesaid upon their oaths aforesaid further say, that his majesty, by his royal proclamation bearing date at Westminster the 7th day of October, 1763, amongst other things declared as follows, And whereas it will greatly contribute to the speedy settling our said new governments that our loving 'subjects should be informed of our paternal care for the security of the liberties and pro'perties of those who are and shall become in'habitants thereof; we have thought fit to publish and declare, by this our proclamation, that we have, in the letters patent under our 'great seal of Great Britain, by which the said 'governments are constituted, given express 'power and direction to our governors of our said colonies respectively, that, so soon as the state and circumstances of the said colonies ‹ will admit thereof, they shall, with the advice and consent of the members of our council, summon and call general assemblies within the said governments respectively, in such 'manner and form as is used and directed in 'those colonies and provinces in America, which are under our immediate government. "Article the fourth-His most Christian 'majesty renounces all pretensions which he has heretofore formed or might form to Nova Scotia, or Acadia, in all its parts; and gua'ranties the whole of it and with all its depen. 'dancies to the king of Great Britain: moreover his most Christian majesty cedes and "guaranties to his said Britannic majesty in 'full right Canada, with all its dependancies, 'as well as the island of Cape Breton, and all "the other islands and coasts in the gulph and ' river of St. Lawrence. And in general every thing that depends on the said countries, ⚫ lands, islands and coasts, with the sovereignty, 'property, possession, and all rights acquired by treaty or otherwise, which the most • Christian king and the crown of France have had until now over the said countries, islands, lands, places, coasts, and their inhabitants: so that the most Christian king cedes and 'makes over the whole to the said king and to 'the crown of Great Britain; and that in the most ample manner and form without re—And we have also given power to the said 'striction, and without any liberty to depart from the said cession and guaranty under any pretence, or to disturb Great Britain in the possessions above mentioned.-His Britannic majesty on his side agrees to grant the liberty of the Catholic religion to the inhabitants of Canada: he will consequently give ⚫the most precise and effectual orders, that his new Roman Catholic subjects may profess the worship of their religion, according to the rights of the Romish church, so far as the laws of Great Britain can permit-His Bri⚫ tannic majesty further agrees that the Frenching to our said colonies, may confide in our ⚫ inhabitants or others who had been subjects ⚫ of the most Christian king in Canada, may retire with all safety and freedom wherever they shall think proper, and may sell their ⚫ estates provided it be to subjects of his Britannic majesty, and bring away their effects as well as their persons without being restrained in their emigration under any pretence, except that of debts or criminal prose⚫cutions. The term limited for this emigration, shall be fixed to the space of eighteen ⚫ months to be computed from the day of the 'exchange of the ratifications of the present 'treaty.' Article the ninth-The most Christain 'king cedes and guaranties to his Britannic • majesty in full right the islands of Grenada, with the same stipulations in favour of the inhabitants of this colony, inserted in the 4th article for those of Canada. And the partition of the islands called Neutral is agreed and fixed; so that those of St. Vincent, Dominica, and Tobago, shall remain in full right 'to Great Britain, and that of St. Lucia shall be delivered to France, to enjoy the same governors, with the consent of our said councils and the representatives of the people, so to be summoned as aforesaid, to make con'stitutions and ordain laws, statutes and ordinances, for the public welfare and good go'vernment of our said colonies and of the peo'ple and inhabitants thereof, as near as may be, agreeable to the laws of England, and 'under such regulations and restrictions as are ' used in other colonies. And in the mean time and until such assemblies can be called as 'aforesaid, all persons inhabiting in, or resort royal protection for the enjoyment of the benefit of the laws of our realm of England: 'for which purpose we have given power under 'our great seal to the governors of our said co'lonies respectively, to erect and constitute, with the advice of our said councils respec'tively, courts of judicature and public justice within our said colonies, for the hearing and 'determining all causes as well criminal as civil 'according to law and equity, and as near as may be agreeable to the laws of England; with liberty to all persons who may think 'themselves aggrieved by the sentences of such courts in all civil causes to appeal, under the ' usual limitations and restrictions, to us in our privy council.' "And the jurors aforesaid, upon their oaths aforesaid, further say-That his majesty by his royal proclamation bearing date at Westminster, the 26th day of March 1764, amongst other things did also declare as follows, Whereas we have taken into our consideration the great benefit that will arise to the 'commerce of our kingdoms and the interest of our subjects, from the speedy settlement likewise in full right. And the bigh con- 'of the islands of Grenada, the Grenadines, 1 Dominica, St. Vincent and Tobago, we do 'therefore think fit, with the advice of our privy council, to issue this our royal proclamation, to publish and declare to our loving 'subjects that we bave with the advice of our said privy council, given the necessary powers and directions for an immediate survey, and 'division into proper parishes and districts, of such of the said islands as have not hitherto 'been so surveyed and divided; and for laying out such lands in the said islands as are in our 'power to dispose of, into allotments for plan⚫tations of different size and extent, according ' as the nature of the land shall be more or less 'adapted to the growth of sugar, coffee, cocoa, cotton, or other articles of beneficial cul❝ture; reserving to us, our heirs and successors, 'such parts of the said islands as shall be necessary for erecting fortifications thereon, and for all other military purposes; for glebes for ministers, allotments for school-masters, for wood-lands, high-roads, and all other public purposes and also reserving such lands in our islands of Dominica and St. Vincent, as at the time of the surrender were and still are in the possession of the French, inhabitants of the said islands; which lands it is our will and pleasure should 'be granted to such of the said inhabitants as ⚫ shall be inclined to accept the same upon leases for terms absolute, or for renewable terms upon certain conditions, and under proper restrictions. And we do hereby farther publish and declare, that the allotments for 'plantations in our islands of Grenada, the 'Grenadines, Tobago and St. Vincent, shall 'contain from one hundred to three hundred acres, with some few allotments in each island ' of five hundred acres; and that the allot'ments in our island of Dominica, which is represented to be not so well adapted to the 'cultivation of sugar, and which from its 'situation requires in policy to be well peopled ⚫ with white inhabitants, shall be in general from fifty to an hundred acres. That each purchaser of lands which have been cleared and im⚫ proved, shall within the space of three months ⚫ from the date of the grant settle and constantly keep upon the lot purchased one white man or two white women, for every hundred • acres contained in the said lot, and in default 'thereof shall be subject to the payment of 201. per annum for every white woman, and 401. per annum for every white man, that shall be wanting to complete the number. That the purchaser of uncleared lands shall ⚫ clear and cultivate one acre in every twenty in each year, until half the land so purchased shall be cleared, and in default thereof shall pay 51. per annum for every acre not cleared 'pursuant to such condition. And such pur⚫chaser shall also be obliged to settle and constantly keep upon the lot so purchased one white man or two white women for every hundred acres as the same shall be cleared. That each purchaser, besides the purchase · money, shall be subject to the payment of an ' annual quit-rent to us, our heirs and successors, ' of sixpence per acre, under the penalty of 51. per acre upon non-payment thereof. Such quit-rents in the case of the purchase of clear'ed lands to commence from the date of the grant, and the first payment to be made at the expiration of the first year; and in case of the 'purchase of the uncleared lands, such quit'rents to commence at the expiration of twelvemouths from the time each acre is cleared. "That in case of failure in the payment of the purchase money in the manner above directed, the purchaser shall forfeit all right to the lands purchased.' "And the jurors aforesaid, upon their oaths aforesaid, further say, that his majesty by his letters patent, under his writ of privy seal bearing date, at Westminster, the 9th day of April 1764, appointed Robert Melville, esq. captain general and governor in chief in and over the islands of Grenada, the Grenadines, Dominica, St. Vincent, and Tobago, in America; and of all other islands and territories adjacent thereto : which said letters patent are as follows. George the third by the grace of God, of Great Britain, France and Ireland, king, defender of 'the faith, &c. To our trusty and well be'loved Robert Melville, esq. greeting: whereas 'we did by our letters patent under our great 'seal of Great Britain, bearing date at West'minster, the 4th day of April, in the first year ' of our reign, constitute and appoint Charles 'Pinfold, esq. captain-general, and governor in • chief in and over our islands of Barbadoes, 'St. Lucia, Dominica, St. Vincent, Tobago, and the rest of our islands, colonies and planta'tions in America, commonly called or known by the name of our Carribee islands lying ' and being to the windward of Guadaloupe, and 'which then were or after should be under our subjection and government, during our will ' and pleasure, as by the said recited letters pa'tent, relation being thereunto had, may more 'fully and at large appear: now know you that we have revoked and determined, and by these presents do revoke and determine, such part and so much of the said recited letters patent, and every clause, article and thing, therein 'contained, as relates to, or mentions, the islands of St. Lucia, Dominica, St. Vincent, 'and Tobago. And further know you, that we, reposing especial trust and confidence in the prudence, courage and loyalty, of you the said Robert Melville, of our especial grace, 'certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint, you 'the said Robert Melville to be our captain'general and governor in chief, in and over our 'islands of Grenada, the Grenadines, Domi'nica, St. Vincent, and Tobago, in America, and of all other islands and territories adja'cent thereto, and which now are, or bereto'fore have been, dependent thereupon. And 6 we do hereby require and command you to 'do and execute all things in due manner, that 'shall belong to your said command, and the or by any other to be authorized by you in 'this behalf, to administer and give the oaths 'mentioned in the said act, for the further se. · and the succession of the crown in the heirs of the late princess Sophia, being Protestants, ' and for extinguishing the hopes of the pre'tended prince of Wales, and his open and secret abettors, to all and every such person and persons as you shall think fit, who shall 'at any time or times pass into any of our said 'islands, or shall be resident or abiding there. "And we do hereby authorize and impower you to keep and use the public seal, which will be herewith delivered to you, or shall hereafter be sent to you, for sealing all things 'whatsoever that shall pass the great seal of our said island. "And we do hereby give and grant unto 'you the said Robert Melville, full power and authority, with the advice and consent of our 'said council to be appointed as aforesaid, as 'soon as the situation and circumstances of our islands under your government will admit 'thereof, and when and as often as need shall ' require, to summon and call general assemblies of the freeholders and planters jointly or severally within any of the islands under your government, in such manner as you in your discretion shall judge most proper, or according to such further powers, instructions or authorities, as shall be at any time here'after granted or appointed you under our signet and sign manual, or by our order in our privy council. trust we have reposed in you according to the 'several powers and directions granted or appointed you by this present commission, and the instructions and authorities herewithcurity of his majesty's person and government, given to you, or by such further powers, in"structions and authorities, as shall at any ◄ time hereafter be granted or appointed you, under our signet and sign manual, or by our order in our privy council, and according to such reasonable laws and statutes as shall 'hereafter be made and agreed upon by you, with the advice and consent of the council and assembly of the islands and plantations ' under your government, in such manner and form as is hereinafter expressed. And our ⚫ will and pleasure is that you the said Robert • Melville, do, after the publication of these our letters patent, and after the appointment of our council for our said islands, in such man❝ner and form as is prescribed in the instructions which you will herewith receive, in the 'first place, take the oaths appointed to be 'taken by an Act passed in the first year of the reign of king George the first, entitled, An Act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being Protestants; and for extin'guishing the hopes of the pretended prince of Wales and his open and secret abettors: as also that you make and subscribe the declara⚫tion mentioned in an act of parliament made in the 25th year of the reign of king Charles the second, intitled An Act for preventing dangers which may happen from Popish recusants. And likewise that you take the "And our will and pleasure is, that the peroath usually taken by governors in the other sons thereupon duly elected by the major colonies for the due execution of the office part of the freeholders of the respective paand trust of our captain-general and governor 'rishes or precincts, and so returned, shall bein chief in and over our said islands, and for 'fore their sitting take the oaths mentioned in the due and impartial administration of jus- the said act entitled, An Act for the further ❝tice. And farther that you take the oath re-security of his majesty's person and govern⚫quired to be taken by the governors of the plan-ment, and the succession of the crown in the ⚫tations to do their utmost, that the several laws 'heirs of the late princess Sophia, being Prorelating to trade and the plantations be duly testants, and for extinguishing the hopes of the ⚫ observed; which said oaths and declaration pretended prince of Wales, and his open and our council of our said islands, or any three secret abettors: as also make and subscribe the of the members thereof, have hereby full 'aforementioned declaration, which oaths and power and authority, and are required to ten-declaration you shall commissionate fit persons der and administer to you: and in your ab. 'under the public seal of those our islands to 'sence to our lieutenant governor of the said tender and administer unto them and until islands, and to our lieutenant-governors of the same shall be so taken and subscribed, no ⚫each of our said islands respectively, the said person shall be capable of sitting, though oaths mentioned in the said act entitled, An elected. And we do hereby declare, that the Act for the further security of his majesty's persons so elected and qualified shall be called person and government, and the succession of and deemed the assembly of that island within the crown in the heirs of the late princess which they shall be chosen, or the assembly · Sophia, being Protestants, and for extinguish- ' of our said islands in general. And that you ing the hopes of the pretended prince of the said Robert Melville, by and with the Wales, and his open and secret abettors: as advice and consent of our said council and also cause them to make and subscribe the assembly or assemblies, or the major part of aforesaid declaration, and to administer unto them, shall have full power and authority to them the usual oaths for the due execution 'make, constitute, and ordain laws, statutes, and of their places and trusts.-And we do further ' ordinances, for the public peace, welfare, and • give and grant unto you the said Robert Mel-good government of our said islands, jointly 'ville, full power and authority from time to 6 or severally, and of the people and inhatime, and at any time hereafter, by yourself, 'bitants thereof, and such others as shall resort 'thereunto, and for the benefit of us, our heirs ' and successors. Which said laws, statutes, ⚫ and ordinances, are not to be repugnant, but, ' as near as may be, agreeable to the laws and 'statutes of this our kingdom of Great Britain. • Provided, that all such laws, statutes, and or'dinances, of what nature or duration soever, be within three months or sooner after the 'making thereof, transmitted to us, under our 'seal of our said islands, for our approbation or 'disallowance of the same; as also duplicates thereof by the next conveyance. "And in case any or all of the said laws, statutes, and ordinances, not before confirmed by us, shall at any time be disallowed, and not approved, and so signified by us, our 'heirs and successors, under their signet or sign manual, or by order of our or their privy 'council, unto you the said Robert Melville, or 'to the commander in chief of the said islands for the time being, then such and so many of the said laws, statutes, and ordinances, as 'shall be so disallowed and not approved, shall from thenceforth cease, determine, and be'come utterly void and have no effect, any 'thing to the contrary thereof notwithstanding. "And to the end that nothing may be 'passed or done by our said council or assemblies to the prejudice of us, our heirs and successors, we will and ordain that you, the said Robert Melville, shall have and enjoy a negative voice in the making and passing all laws, statutes, and ordinances, as aforesaid. And that shall and may likewise, from time to you time, as you shall judge necessary, adjourn, prorogue or dissolve, all general assemblies as 'aforesaid.' เ 6 'feuder of the faith, &c. To all to whom these · "And the jurors aforesaid, on their oaths "And we do hereby require and command aforesaid, farther say, That his excellency Ro- the present governor or commander in chief, bert Melville, esq. arrived in Grenada on the and the governor or commander in chief for 14th of December, 1764, and in consequence of 'the time being, and the officers of our custhe last mentioned letters patent, took upon him 'toms in the said island of Grenada, now and the government of the same, and the other 'hereafter, for the time being, and all others islands therein named. And that, in conse- 'whom it may concern, that they do respecquence of the last mentioned letters patent, atively take care to collect, levy, and to receive meeting of the governor, council, and assembly of the said island of Grenada was held there in the latter end of the year 1765. "And that his majesty, by his letters patent under the great seal of Great Britain, bearing date at Westminster the 20th day of July, in the fourth year of his reign, and in the year of our Lord 1764, did order, direct and appoint, that an impost or custom of four and a half per cent. in specie should, from and after the 29th day of September then next ensuing, be raised and paid to his heirs and successors, for and upon all dead commodities of the growth and produce of the said island of Grenada that should be shipped off from the same, in lieu of all customs and impost duties to that time collected upon goods imported and exported into and out of the said island, under the authority of his most Christian majesty. Which said letters patent are in the words following: George the third, by the grace of God, of Great Britain, France, and Ireland, king, de the said impost or custom, according to our royal will and pleasure, signified by these 'presents. "And whereas a poll-tax was levied and paid by the inhabitants of our said island of Grenada whilst it was under subjection to his most Christian majesty, it is our royal will and pleasure that such poll-tax as was levied, collected and paid by the inhabitants of the 'said island whilst it was under subjection to his most Christian majesty, shall be continued therein during our royal will and pleasure; and that the same shall be collected, levied, and paid to us, our heirs and successors, at 'such times and in such manner, and by such ways and means, and under such penalties and forfeitures, and upon such terms, and "with such privileges and exemptions as the 'same was collected, levied, and paid whilst the 'said island was under such subjection to his most Christian majesty, inasmuch as the same are not contrary to the laws of Great Britain. |