Sivut kuvina

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, be

fore 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 Henry Cowper, together with the short-hand money whenever be the said William should

• 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 delearned persons have assented to the publi

ceive the said Alexander in this behalf, hath not

* paid the said Alexander the said sum of money, cation of this Manuscript, which was im

or any part thereof, (although the said Wilparted to me by Mr. Hargrave, with bis ac- • liam afterwards, to wit, on the same day and customed kindness of assistance in the im- year aforesaid, and often afterwards, at Lonprovement of this work.]

don aforesaid, in the parish and ward afore

said, was by the said Alexander required so This cause came on to trial before the right to do) but to pay the same, or any part therebonourable William lord Mansfield, on Friday of, to the said Alexander he the said William the 2d of July, at the sittings after Trinity • hath hitherto altogether refused, and still term, for the city of London, at Guildball, when doth refuse, to the damage of the said Alex a special verdict was found. The proceedings

• ander of 201. And thereof he brings bis in the cause were as follows:

suit, &c.' • Trinity-term, in the 13th year of the reign of

“ And now on this day, to wit, on Friday • king George the third.

next after the morrow of the Holy Trinity, in

this same term, (to which said day the said • London to wit, Be it remembered, that William bad leave to imparle to the said bill, • beretofore, that is to say, in Easter-term last and then to answer, &c.) before our lord the • past, before our lord the king at Westmins- king at Westmioster, comes as well the said

ter, came Alexander Campbell, esq. by Ben Alexander, by bis attorney aforesaid, as the jamin Rosewell, his attorney, and brought in said William, by Robert Want, bis attorney : the court of our said lord the king then there, and the said William defends the wrong and • his bill against William Hall, esq. being in injury. When, &c. and says he did not - the custody of the marshal of the Marshalsea undertake and promise in manner and form as • of our said lord the king, before the king him the said Alexander Campbell above complains

self, of a plea of trespass on the case; and against him. And of this he puts bimselt upon • there are pledges for the prosecution, to wit, the country; and the said Alexander doth ibe • John Doe and Richard Roe. Which said like. • bill follows in these words, to wit, London, to “ Therefore let a jury thereupon come before . wit, Alexander Campbell, esg. complains of our lord the king on Wednesday next after • William Hall, esq. being in the custody of the three weeks of the Holy Trinity, by whom the

marshal of the Marshalsea of our lord the truth of the matter may be betier known, (and • king himself, of a plea (of trespass on the who neither are of kin to the aforesaid Alex

case ; and also] for that whereas the said Wile ander nor to the aforesaid William] to recog• liam, on the first day of January, in the year nize the truth of the issue between the said • of our Lord 1773, at London aforesaid, to wit, parties, because as well the said Alexander as • in the parish of St. Mary-le-Bow, in the the said William, between whom the issue is, • ward of Cheap, was indebted to the said have put themselves opon the said jury. The • Alexander in the sum of 201. of lawful money same day is given to the party aforesaid. 6 of Great Britain, for the like sum of money “ Afterwards the process being continued .by the said William before that time had and between the parties aforesaid, of the plea afore• received, for and to the use of the said Alex- said, by the jury between them being respited • ander: and being so indebted, be the said (before our lord ihe king, at Westminster, until • Williarn, in consideration thereof, afterwards, Saturday next after the morrow of All Souls • to wit, on the same day and year aforesaid, at then next following, unless the king's right • London aforesaid, in the parish and ward trusty and well beloved William, lord Maps. aforesaid, undertook, and to the said Alex- field, his majesty's chief justice assigned to • ander then and there faithfully promised, that hold pleas before our lord the king himself,

[ocr errors]


[ocr errors]
[ocr errors]

shall first come on Friday the 2d day of July, neuter, and shall not be obliged to take arms at the Guildball of the city of London, accord against his most Christian majesty ; nor even ing to the form of the statute in such case against any other power. made and provided) for default of jurors, be • Answer-They become subjects of his cause none of them did appear.

• Britannic majesty, and must take the oath of "At which day, before our lord the king allegiance, but shall not be obliged to take at Westminster, came the aforesaid Alexander arms against his most Christian majesty until Campbell, by the said Benjamin Rosewell, bis peace may determine the fate of ibe island.

si • Article ibe fifth-They shall preserve their before whom the issue was tried, sent hither bis civil government, their laws, customs, and record had in these words, to wit, “ • After 'ordinances : justice shall be administered by ' wards, that is 10 say, on the day and at the • the same officers who are now in employplace within contained, before the right ment; and there shall be a regulation made honourable William, lord Mansfield, the chief for the interior police between the governor of justice within written, John Way, gentleman, his Britannic majesty and the inhabitants : being associated unto him according to the ' and in case that at the peace the island shall forin of the statute in that case made and pro 'be ceded to the king of Great Britain, it shall 'vided, comes as well the witbin named Alex • be allowed to the iohabitants to preserve their 'aniler Campbell, esq. by bis attorney within political government, and to accept that of damed, as the witbin named William Hall, Antigua or St. Christopher's. esq. by his attorney within mentioned. " • Answer—They become British subjects, ** And the jurors of the jury withio men (as in the preceding article) but shall continue tioned being summoned, some of them, that ' to be governed by their present laws until his 'is to say, Anthony Highniore, Peter Bostock, majesty's pleasure be known. David Chambers, James La Motte, John « Article the sixth- The inhabitants, as also Wilkinson, Joshua Bedshaw, and Silvanus the religious orders, of both sexes, shall be "Grove, coine, and are sworn upon that jury: · maiotained in the property of their effects, 'Aod because the residue of the jurors of the moveable and immoveable, of what nature same jury do not appear, therefore other persoever, and shall be preserved in their privi. sons, of those standing by the court, by the leges, rights, honours, and exemptions; their sheriffs of the city and county aforesaid, at free negroes and mulattoes shall have the en" the request of the said Alexander, and by the . tire enjoyment of their liberty. command of the said chief justice, are now "Granted, in regard to the religious ordersnewly set down, whose names are filed in the The inhabitants, being subjects of Great Bri. within written pannel, according to the form • tain will enjoy their properties, and the same of the statute in that case made and pro- privileges as in the other his majesty's Leevided. Which said jurors, so newly set • ward islands.' dowo, that is to say, John Lee, William Ker. 66 Article the seventh-They shall'not pay to *sil, Charles Hougham, John German, and • bis majesty any other duties than those which * Richard Hatt, being required, come, who, have been paid bitherto to his most Christian together with the said other jurors before im- majesty; and the capitation of negroes upon pannelled, and sworn to declare ihe truth of the same footing it is paid at present, without the within contents, being elected, tried, and any other charges or imposis: and the exsporn, upon their oaths say,

pences of justice, pensions to curates, and ** That the island of Grenada, in the West other occasional expences, shall be paid by lodies, was in the possession of the French • the domain of bis Britannic majesty, as they king until it was conquered by the British • were by tbat of his most Christian majesty.' arms in 1762. And that during that posses "" • Answered in the sixth article, as to what sion there were certain customs and impost regards the inhabitants. duties collected upon gouds imported and ex. * Article 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 Cbristian 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 kiog: and king of Great Britain, then it shall be per. that the said island of Grenada surrendered to mitied 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 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 des convenient time. (answer.] All subjects of 'manded by and granted to the inhabitants of Great Britain inay possess any, lands or the said island of Martinico, upon the surren " houses by purchase. The remainder of this der thereof to the British arins, dated the article granted, provided they sell 10 British 7th day of February, 1762, are the following subjects. 'articles, that is to say,

“ And the jurors aforesaid, upon their oaths "Article the fourth —They shall be strictly aforesaid further say—That in the definitive VOL. XX.



[ocr errors]
[ocr errors]

treaty of peace and friendship between histracting parties guaranty the partition so

Britannic majesty, the most Christian king stipulated.' and the king of Spain, concluded at Paris the “And the jurors aforesaid upon their baths

10th day of February 1763, amongst others aforesaid farther say, that his majesty, by his are the following articles:

royal proclamation bearing date at Westmin" • Article the fourth-His most Christian ster the 7th day of October, 1763, amongst • majesty renounces all pretensions which he other things declared as follows, ' And whereas • has heretofore formed or wight 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 care for the security of the liberties and proover his most Christian majesty cedes and perties of those who are and shall become in• guaranties to bis said Britannic majesty inhabitants thereof; we have thought fit to

fall right Canada, with all its dependancies, publish and declare, by this our proclamation, 6 as well as the island of Cape Breton, and all that we have, in the letters patent under our • the other islands and coasts in the gulph and great seal of Great Britain, by which the said

river of St. Lawrence. And in general every governments are constituted, given express • thing that depends on the said countries, power and direction to our governors of our • lands, islands and coasts, with the sovereignty, said colonies respectively, that, so soon as the . property, possession, and all rights acquired state and circumstances of the said colonies .by treaty, or otherwise, which the most I will admit thereof, they shall, with the advice • Christian king and the crown of France have and consent of the members of our council,

had until now over the said countries, islands, summon and call general assemblies within • lands, places, coasts, and their inhabitants : • the said governments respectively, in such • so that the most Christian king cedes and • manner and form as is used and directed in

makes over the whole to the said king and to those colonies and provinces in America, • the crown of Great Britain ; and that in the " which are under our immediate government. • most ample manner and form without re- 6 –And we have also given power to the said • striction, and without any liberty to depart governors, with the consent of our said counfrom the said cession and guaranty 'undercils and the representatives of the people, so . any pretence, or to disturb Great Britain in to be summoned as aforesaid, to make con• the possessions above mentioned.-His Bri-stitutions and ordain laws, statutes and or. tannic majesty on bis side agrees to grant the dinances, for the public welfare and good go• liberty of the Catholic religion to the inhabj. "vernment of our said colonies and of the peo* tants of Canada : he will consequently give ple and inhabitants thereof, as near as may . the most precise and effectual orders, that his • be, agreeable to the laws of England, and • new Roman Catholic subjects may profess the under such regulations and restrictions as are • worship of their religion, according to the • used in other colonies. And in the mean time

rights of the Romish church, so far as the and until such assemblies can be called as • laws of Great Britain can permit-His Bri- aforesaid, all persons inhabiting in, or resort• tannic majesty further agrees that the Frenching to our said colonies, may confide in our • inhabitants or others who had been subjects royal protection for the enjoyment of the beof the most Christian king in Canada, may

• nefit of the laws of our realm of England: • retire with all safety and freedom wherever • for which purpose we have given power under

they shall think proper, and may sell their • our great seal to the governors of our said co• estates provided it be to subjects of bis Bri- • lonies respectively, to erect and constitute, • tannic majesty, and bring away their effects with the advice of our said councils respec• as well as their persons without being re- tively, courts of judicature and public justice • strained in their emigration under any pre- within our said colonies, for the bearing and • tence, except that of debts or criminal prose- determining all causes as well criminal as civil

cutions. The term limited for this emigra- according to law and equity, and as near as . tion, shall be fixed to the space of eighteen may be agreeable to the laws of England; 6 months to be computed from the day of the ' with liberty to all persons who may think . exchange of the ratifications of the present themselves aggrieved by the sentences of such • treaty.

courts in all civil causes to appeal, under the « Article the ninth- The most Christain usual limitations and restrictions, to us in our king cedes and guaranties to his Britannic privy council.' 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 bis

habitants of this colony, inserted in the 4th royal proclamation bearing date at Westmin. • article for those of Canada. And the parti- ster, 'the 26th day of March 1764, amongst ition of the islands called Neutral is agreed other things did also declare as follows, • and fixed; so that those of St. Vincent, Do Whereas we have taken into our considera.minica, and Tobaga, shall remain in full right tion the great benefit that will arise to the • to Great Britain, and that of St. Lucia shall commerce of our kingdoms and the interest • be delivered to France, to enjoy the same of our subjects, from the speedy settlement • likewise in full right. And the bigh con- of the islands of Grenada, the Grenadines,

[ocr errors]

• Dominica, St. Vincent and Tobago, we do annual quit-rent to us,our heirs and successors, •tberefore think fit, with the advice of onr of sixpence per acre, under the penalty of 51. priry council, to issue this our royal procla per acre upon non-payment thereof. Such mation, to publish and declare to our loving quit-rents in the case of the purchase of clearsubjects that we have with the advice of our ed lands to commence from the date of the • said privy council, given the necessary powers grant, and the first payment to be made at the 6 and directions for an imunediate survey, and expiration of the first year; and in case of the

division into proper parishes and districts, of purchase of the uncleared lands, such quitsuch of the said islands as have not hitherto rents to commence at the expiration of twelvebeen so surveyed and divided ; and for laying mouths from the time each acre is cleared. • out such lands in the said islands as are in our • That in case of failure in the payment of the

power to dispose of, into allotments for plan- | purchase money in the manner above directed, • iations of different size and extent, according the purchaser shall forfeit all right to the * as the nature of the land shall be more or less lands purcbased.' • adapted to the growth of sugar, coffee, cocoa, “ And the jurors aforesaid, upon their oaths

cotton, or other articles of beneficial culs aforesaid, further say, that his majesty by bis let. ture; reserving to us, our heirs and successors, ters patent, under his writ of privy seal bearing such parts of the said islands as shall be ne. date, at Westminster, the 9th day of April 1764, cessary for erecting fortifications thereon, and appointed Robert Melville, esq. captain general for all other military purposes; for glebes and governor in chief in and over the islands of for ministers, allotments for school-masters, Grenada, the Grenadines, Dominica, St. Viofor wood-lands, high-roads, and all other cent, and Tobago, in America ; and of all other public purposes: and also reserving such | islands and territories adjacent thereto : which "lands in our islands of Dominica and St. said letters patent are as follows.-- George * Vincent, as at the time of the surrender the third by the grace of God, of Great Bri

were and still are in the possession of the 'tain, France and Ireland, king, defender of • French, inhabitants of the said islands ; the faith, &c. To our trusty and well be

which lands it is our will and pleasure should • loved Robert Melville, esq. greeting: whereas 6 be granted to such of the said inhabitants as we did by our letters patent under our great • shall be inclined to accept the same upon seal of Great Britain, bearing date at West

leases for terms absolute, or for renewable minster, the 4th day of April, in the first year * terms upon certain couditions, and under of our reign, constitute and appoint Charles * proper restrictions. And we do hereby farther • Pinfold, esq. captain-general, and governor in

publish and declare, that the allotments for chief in and over our islands of Barbadoes, plantations in our islands of Grenada, the · St. Lucia, Dominica, St. Vincent, Tobago, and Grenadines, Tobago and St. Vincent, shall • the rest of our islands, colonies and planta• contain from one hundred to three hundred * tions in America, commonly called or known acres, with some few allotments in each island by the name of our Carribee islands lying

of five hundred acres; and that the allot and being to the windward of Guadaloupe, and 'ments in our island of Dominica, which is which then were or after sbould be under our represented to be not so well adapted to the subjection and goveroment, during our will cultivation of sugar, and which from its • and pleasure, as by the said recited letters pasituation requires in policy to be well peopled tent, relation being thereunto bad, may more with white inhabitants, shall be in general from fully and at large appear: now know you that 'fifty to an hundred acres. That each purchaser we have revoked and determined, and by these

of lands which have been cleared and im- presents do revoke and determine, such part proved, shall within the space of three months and so much of the said recited letters patent, from the date of the grant settle and constantly and every clause, article and thing, therein • keep upon the lot purchased one white man "contained, as relates to, or mentions, the or two white women, for every hundred islands of St. Lucia, Dominica, St. Vincent,

acres contained in the said lot, and in default and Tobago. And further know you, that . thereof shall be subject to the payment of 'we, reposing especial trust and confidence in * 20l. per annum for every white woman, and the prudence, courage and loyalty, of you * 401. per annum for every white man, that • the said Robert Melville, of our especial grace,

shall be wanting to complete the number. • certain knowledge, and mere motion, have * That the purchaser of uncleared lands shall thought fit to constitute and appoini, and by

clear aod cultivate one acre in every twenty these presents do constitute and appoint, you in each year, until half the land so purchased the said Robert Melville to be our captainshall be cleared, and in default thereof shall general and governor in chief, in and over our pay 5l. per andam for every acre not cleared • islands of Grenada, the Grenadines, Domipursuant to such condition.

And such pur

•nica, St. Vincent, and Tabago, in America, chaser shall also be obliged to settle and con (and of all other islands and territories adja

stantly keep upon the lot so purchased one • cent thereto, and wbicb pow are, or hereto· white man or two white women for every • fore have been, dependent thereupon. And · hundred acres as the same shall be cleared. • we do hereby require and command you to

That each purchaser, besides the purchase “ do and execute all things in due mauper, that . money, shall be subject to the payment of an shall belong to your said command, and the


• trust we have reposed in you according to the i' or by any other to be authorized by you in • several powers and directions granted or ap: this behalf, to administer and give the oaths

pointed you by this present commission, and "mentioned in the said act, for the further se. • the instructions and authorities herewithcurity of bis majesty's person and government, • given to you, or by such further powers, in- and the succession of the crown in the heirs •structions and authorities, as shall at any of the late princess Sophia, being Protestants, · time hereafter be granted or appointed you, and for extinguishing the hopes of the pre• under our signet and sign manual, or by our • tended prince of Wales, and bis open and • order in our privy council, and according to • secret abettors, to all and every

such person such reasonable laws 'and statutes as shall and persons as you shall think fit, wbo shall • bereafter he made and agreed upon by you, at any time or times pass into any of our said • with the advice and cousent of the council islands, or shall be resident or abiding there. . and assembly of the islands and plantations 66. And we do hereby authorize and impower

under your government, io such mapper and you to keep and use the public seal, which • form as is bereinafter expressed. And our • will be herewith delivered to you, or shall • will and pleasure is that you the said Robert · hereafter be sent to you, for sealing all things • Melville, do, after the publication of these our • whatsoever that shall pass the great seal of • letters patent, and after the appointment of our said island. • our council for our said islands, in such mag- “ ' And we do hereby give and grant unto • ner and form as is prescribed in the instruc- 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, An islands under your government will admit • Act for the further security of his majesty's thereof, and when and as often as need shall

person and government, and the succession require, to summon and call general assem of the crown in the heirs of the late princess blies of the freeholders and planters jointly or • Sophia, being Protestauts; and for extin-severally within any of the islands under your .guishing the hopes of the pretended prince of government, in such manner as you in your • Wales and his open and secret abeitors: as discretion shall judge most proper, or ac• also that you make and subscribe the declara-cording to such further powers, instructions . tion mentioned in an act of parliament made or authorities, as shall be at any time here• in the 25th year of the reign of king Charles after granted or appointed you under our . the second, intitled An Act for preventing signet and sign inanual, or by our order in • dangers which may happen from Popish re- our privy council.

cusants.-And likewise that you take the «o 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 preciocts, and so returned, shall be• in chief in and over our said islands, and for fore their sitting take the oaths mentioned in • the due and impartial administratios 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 heirs of the late princess Sophia, being Pro. relating 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, wbich oaths and • power and authority, and are required io 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 goveroment, and the successicn 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 bave full power and authority to • them the usual oaths for the due execution make, constitute, and ordain laws, siatutes, and • of their places and trusts.-And we do further ordinances, for the public peace, wellare, 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 ioha. 6 time, and at any time hereafter, by yourself, bitants thereof, and such others as sball resort

« EdellinenJatka »