550. The Case of the Island of Grenada; in relation to the Payment of Four and one-half in the Hundred of Goods exported therefrom; between ALEXANDER CAMPBELL, esq. Plaintiff, and WM. HALL, esq. Defendant, in the Court of King's-Bench, before Lord Chief-Justice Mansfield: 15 GEORGE III. A. D. 1774. The following account of this Case is com- ⚫ be the said William would well and truly pay piled from the Reports of Mr. Lofft and Mr. and satisfy the said Alexander the said sum of money whenever he the said William should Henry Cowper, together with the short-hand 'be thereunto afterwards required. Yet the writer's report of the Arguments of Mr. Mac'said William, not regarding his said promise donald (now Lord Chief Baron of the Ex- and undertaking, but contriving and fraudechequer), and Mr. Hargrave. Both those lently intending craftily and subtilly to de'ceive the said Alexander in this behalf, hath not learned persons have assented to the publipaid the said Alexander the said sum of money, cation of this Manuscript, which was imor any part thereof, (although the said Wilparted to me by Mr. Hargrave, with his ac- 'liam afterwards, to wit, on the same day and customed kindness of assistance in the im- year aforesaid, and often afterwards, at London aforesaid, in the parish and ward aforeprovement of this Work.] said, was by the said Alexander required so to do) but to pay the same, or any part thereof, to the said Alexander he the said William hath hitherto altogether refused, and still 'doth refuse, to the damage of the said Alexander of 201. And thereof he brings his 'suit, &c.'

THIS cause came on to trial before the right honourable William lord Mansfield, on Friday the 2d of July, at the sittings after Trinity term, for the city of London, at Guildhall, when a special verdict was found. The proceedings in the cause were as follows:

Trinity-term, in the 13th year of the reign of

'king George the third.

"And now on this day, to wit, on Friday next after the morrow of the Holy Trinity, in this same term, (to which said day the said William had leave to imparle to the said bill, and then to answer, &c.) before our lord the king at Westminster, comes as well the said Alexander, by his attorney aforesaid, as the said William, by Robert Want, bis attorney and the said William defends the wrong and injury. When, &c. and says he did not undertake and promise in manner and form as the said Alexander Campbell above complains against him. And of this he puts himself upon the country; and the said Alexander doth the like.

London to wit, Be it remembered, that 6 beretofore, that is to say, in Easter-term last past, before our lord the king at Westminster, came Alexander Campbell, esq. by Ben jamin Rosewell, his attorney, and brought in the court of our said lord the king then there, his bill against William Hall, esq. being in the custody of the marshal of the Marshalsea of our said lord the king, before the king himself, of a plea of trespass on the case; and there are pledges for the prosecution, to wit, John Doe and Richard Roe. Which said bill follows in these words, to wit, London, to wit, Alexander Campbell, esq. complains of William Hall, esq. being in the custody of the marshal of the Marshalsea of our lord the king himself, of a plea [of trespass on the • case; and also] for that whereas the said William, on the first day of January, in the year of our Lord 1773, at London aforesaid, to wit, in the parish of St. Mary-le-Bow, in the 'ward of Cheap, was indebted to the said Alexander in the sum of 20. of lawful money of Great Britain, for the like sum of money by the said William before that time had and • received, for and to the use of the said Alex-said, by the jury between them being respited ander and being so indebted, he the said William, in consideration thereof, afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, undertook, and to the said Alex* ander then and there faithfully promised, that

"Therefore let a jury thereupon come before our lord the king on Wednesday next after three weeks of the Holy Trinity, by whom the truth of the matter may be better known, [and who neither are of kin to the aforesaid Alexander nor to the aforesaid William] to recognize the truth of the issue between the said parties, because as well the said Alexander as the said William, between whom the issue is, have put themselves upon the said jury. The same day is given to the party aforesaid.

"Afterwards the process being continued between the parties aforesaid, of the plea afore

(before our lord the king, at Westminster, until Saturday next after the morrow of All Souls then next following, unless the king's right trusty and well beloved William, lord Mansfield, his majesty's chief justice assigned to hold pleas before our lord the king himself,

shall first come on Friday the 2d day of July, at the Guildball 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, his 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.

"And the jurors of the jury within men'tioned being summoned, some of them, that is to say, Anthony Highmore, Peter Bostock, 'David Chambers, James La Motte, John Wilkinson, Joshua Bedshaw, and Silvanus 'Grove, coine, and are sworn upon that jury: 'And because the residue of the jurors of the 'same jury do not appear, therefore other persons, 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,

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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 may 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 employment; 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 majesty's pleasure be known.

"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.

'Granted, in regard to the religious orders'The inhabitants, being subjects of Great Britain 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 expences 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,

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"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 posses'sion there were certain customs and impost 'duties collected upon goods imported and exArticle the eleventh-No other than the 'ported into and out of the said island, under inhabitants resident in this island sball, till the the authority of his most Christian majesty. peace, possess any estates, either by acquisiAnd that in the said year 1762, the said island " tion, agreement or otherwise: but in case at was conquered by the king of Great Britain, the peace the country shall be ceded to the then in open war with the French king: and king of Great Britain, then it shall be per'that the said island of Grenada surrendered to 'mitted to the inhabitants, who shall not be the British arms upon the same articles of willing to become his subjects, to sell their 'capitulation as had been before granted to the I estates, moveable and immoveable, to whom inhabitants of the island of Martinico, upon they please, and retire where they shall think the surrender thereof to the British arms. proper; in which case they shall be allowed And that in the articles of capitulation de-convenient time. [Answer.] All subjects of manded by and granted to the inhabitants of the said island of Martinico, upon the surrender thereof to the British arms, dated the 7th day of February, 1762, are the following 'articles, that is to say,

"Article the fourth-They shall be strictly VOL. XX.

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

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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:

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tracting parties guaranty the partition so stipulated.'

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. -And we have also given power to the said '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

"And the jurors aforesaid upon their oaths aforesaid farther say, that his majesty, by his royal proclamation bearing date at Westmin"Article the fourth-His most Christian ster the 7th day of October, 1763, amongst • majesty renounces ali pretensions which he other things declared as follows, And whereas has heretofore formed or might form to Nova it will greatly contribute to the speedy settling Scotia, or Acadia, in all its parts; and gua- our said new governments that our loving ranties the whole of it and with all its depen-subjects should be informed of our paternal dancies to the king of Great Britain: more"over 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 restriction, 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 Britannic 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 re• strained in their emigration under any pre⚫tence, except that of debts or criminal prose'cutions. The term limited for this emigra⚫tion, 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.'

royal protection for the enjoyment of the be'nefit 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 respectively, 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.'

"Article the ninth-The most Christain king cedes and guaranties to his Britannic majesty in full right the islands of Grenada, "And the jurors aforesaid, upon their oaths with the same stipulations in favour of the in- aforesaid, further say-That his majesty by his habitants of this colony, inserted in the 4th royal proclamation bearing date at Westminarticle for those of Canada. And the parti-ster, the 26th day of March 1764, amongst tion 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 likewise in full right. And the high con

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 'of the islands of Grenada, the Grenadines,

' 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

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

'Dominica, St. Vincent and Tobago, we do 'therefore think fit, with the advice of our 'privy council, to issue this our royal procla'mation, to publish and declare to our loving 'subjects that we have 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-purchase money in the manner above directed, 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 ne'cessary 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 purchaser shall also be obliged to settle and con⚫stantly 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

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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 patent, 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 hereto'fore have been, dependent thereupon. And

we do hereby require and command you to 'do and execute all things in due mauner, 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 'curity 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 extinguishing the hopes of the pretended 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.

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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 ac'cording to such further powers, instructions or authorities, as shall be at any time hereafter 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 herewith given to you, or by such further powers, instructions 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- "And we do hereby give and grant unto ner and form as is prescribed in the instruc- you the said Robert Melville, full power and tions which you will herewith receive, in the authority, with the advice and consent of our first place, take the oaths appointed to be 'said council to be appointed as aforesaid, as taken by an Act passed in the first year of the 'soon as the situation and circumstances of our reign of king George the first, entitled, Anislands under your government will admit 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 extinguishing 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 re'cusants. And likewise that you take the "And our will and pleasure is, that the per• oath 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 pa⚫ and 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 governquired 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 relating to trade and the plantations be duly observed; which said oaths and declaration our council of our said islands, or any three of the members thereof, have hereby full • power and authority, and are required to ten-declaration you shall commissionate fit persons ⚫der and administer to you: and in your ab'sence to our lieutenant governor of the said islands, and to our lieutenant-governors of each of our said islands respectively, the said oaths mentioned in the said act 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 forextinguish ing the hopes of the pretended prince of Wales, and his open and secret abettors: as 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 or severally, and of the people and inhatime, and at any time hereafter, by yourself, 'bitants thereof, and such others as shall resort

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'heirs of the late princess Sophia, being Protestants, and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors: as also make and subscribe the aforementioned declaration, which oaths and

under the public seal of those our islands to tender and administer unto them: and until the same shall be so taken and subscribed, no person shall be capable of sitting, though 'elected. And we do hereby declare, that the persons so elected and qualified shall be called and deemed the assembly of that island within which they shall be chosen, or the assembly of our said islands in general. And that you 'the said Robert Melville, by and with the 'advice and consent of our said council and