« EdellinenJatka »
thereunto, and for the benefit of us, our heirs feuder of the faith, &c. To all to whom these and successors. Which said laws, statutes, presents shall come, greeting :- whereas a • and ordinances, are not to be repugnant, but, certain impost or custom of four pouuds as gear as may be, agreeable to the laws and ' and a half in specie for every bundred weight statutes of this our kingdom of Great Britain. of the commodities of the growth and produce Provided, that all such laws, statutes, and or- of the island of Barbadoes, and of the Lee. dinances, of what nature or duration soever, ward Carribbee islands in America, shipped 'be within three months or sooner after the off from the same, or any of them, is paid 'mating thereof, transmitted to us, under our' and payable to us, our beirs and successors; seal of our said islands, for our approbation or and whereas the island of Grenada was condisallowance of the same; as also duplicates quered by us during the late war, and has thereof by the next conveyance.
• been ceded and secured to us by the late treaty " • And in case any or all of the said laws, of peace ; and whereas it is reasonable and statutes, and ordinances, not before confirmed expedient, and of importance to our other by us, sball at any time be disallowed, and sugar islands, that the like duty should take pot approved, and so signified by us, our • place in our said island of Grenada; we have "heirs and successors, under their signet or ihought fit, and our royal will and pleasure is, sigo manoal, or by order of our or their privy and we do hereby, by virtue of our prerogacouncil, unto you the said Robert Melville, or (tive royal, order, direct and appoint, that an to the commander in chief of the said islands • impost or custom of four and a half per * for the time being, then such and so many of cent. in specie shall, from and after the 29th
the said laws, statutes, and ordinances, as day of September next ensuing the date of *sball be so disallowed and not approved, sball these presents, be raised and paid to us, our * from thenceforth cease, determine, and be • heirs and successors, før and upon all dead
come utterly void and have no effect, any commodities of the growtb or produce of our 'thing to the contrary thereof notwithstanding. said island of Grenada that shall be shipped
"And to the end that nothing may be • off from the same; in lieu of all customs and "passed or done by our said council or assem impost duties hitherto collected upon goods * blies to the prejudice of us, our heirs and sac imported and exported into and out of the said
cessors, we will and ordain that you, the said • island under the authority of his most Chris* Robert Melville, sball have and enjoy a nega tian majesty: and that the same shall be col“tive voice in the making and passing all laws, • lected paid, and levied in such manner and statutes, and ordjuances, as aforesaid. And by such means, and under such penalties and that you shall and may likewise, from time to • forfeitures as the said impost or custom of * time, as you shall judge necessary, adjourn, four and a half per cent. is, and may now be prorogue or dissolve, all general assemblies as collected, paid, and levied in our said island aforesaid.'
. of Barbadoes, and our said Leeward islands. " Aod 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 bim toms in the said island of Grenada, now and the goveroment 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, a tively take care to collect, levy, and to receive meeting of the governor, council, and assembly the said impost or custom, according to our of the said island of Grenada was held there in royal will and pleasure, signified by these the latter end of the year 1765.
presents. " And that his majesty, by bis letters patent '" • And whereas a poll-tax was levied and under the great seal of Great Britain, bearing paid by the inhabitants of our said island of date at Westminster the 20th day of July, in Grenada wbilst it was under subjection to his the fourth year of his reign, and in the year of most Christian majesty, it is our royal will Sur Lord 1764, vid order, direct and appoint, and pleasure that such poll-tax as was levied, that an impost or custom of four and a half collected and paid by the inhabitants of the per cent. in specie should, from and after the said island whilst it was under subjection to 29th day of September then next ensuing, be his most Christian majesty, shall be continued raised and paid to his heirs and successors, for therein during our royal will and pleasure; and upon all dead commodities of the growth and that the same shall be collected, levied, and produce of the said island of Grenada that and paid to us, our heirs and successors, at should be shipped off from the sanje, in lieu such times and in such manner, and by such of all customs and impost duties to that time ways and means, and under such penalties collected upon goods imported and exported and forfeitures, and upon such terins, and into and out of the said island, under the autho • with such privileges and exemptions as the rity of his most Christian majesty. Which same was collected, levieil, and paid whilst the said letters patent are in the words following: • said island was under such subjection to his
George the third, by tbe grace of God, of most Christian majesty, inasınuch as the same 'Greai Britain, France, and Ireland, king, de- are not contrary to the laws of Great Britain.
"* And that the account and number of the • and their heirs for ever, all lands, tenements, • inhabitants and slaves therein shall be, from • and hereditaments, under his majesty's great • time to time, kept and delivered in by such • seal appointed for Barbadoes and the rest of person and persons, and at such time and • tbe Carribbee islands, as, relation being there • times, and under such regulations, sanctions, • unto bad, may and doth more at large appear.
penalties and forfeitures respectively, as and “ • And whereas, by virtue of the said earl of • under which the same were taken, kept and · Carlisle's patent, divers governors and agents . delivered in during the time the said islaod • have been sent over bither with authority to 6 was subject to bis most Christian majesty, as • lay out, set, grant, or convey in parcels tbe aforesaid, in as much as the same are not con
• land within this island, to such persons as • trary to the laws of Great Britain.
they should think fit, which was by them, in "And we do hereby require and command their respective times, as much as in them . the present governor or commander ip chief, lay, accordingly performed. And wbereas . for the time being, of our said island of many have lost their grants, warrants, and • Grenada, and tbe several officers of our re. other evidences for the said lands; and others, • venue, now, and for the time being, and all by reason of the ignorance of those times, • others whom it may concern, that they do • want sufficient and legal words to create inrespectively take care to collect, levy, and re
• beritances to them and their heirs; and others ceive the inoney arising and to arise by the that never recorded their grants and war
said tax, and to pay and account for the same rants; and others that can make no proof of to the receiver general and collector of our any grants or warrants they ever had for their casual revenue in our said island, for the time lands, and yet have been long and quiet pos. being, according to our royal will and plea- sessors of the same, aod bestowed great sure signified by these presents.”
charges thereon. And whereas the acknow“ Which said letters patent were afterwards • ledgment of 40 pounds of cotton per head, duly registered in the said island, and were • and other taxes and compositions formerly publicly announced by his excellency Robert • raised to the earl of Carlisle was beld very Melville, esq. in the month of January 1765, heavy. For a full remedy for all the defects immediately succeeding his arrival in the said afore related, and quieting the possessions, island of Grenada.
and settling the tenures of the inhabitants of “ And the jurors aforesaid, upon their oaths this island, be it enacted by his excellency aforesaid, farther say, that the said duty of Francis, lord Willoughby of Parham, and four an a half per cent. before the making of • bis council, and gentlemen of the assembly, the said last mentioned letters patent, was and • and by the authority of the same, that, notyet is paid in the island of Barbadoes, and the • withstanding the defects afore related, all the Leeward Caribbee islands, in pursuance or by ' now rightful possessors of lands, tenements virtue of acts of assembly passed in the same • and hereditaments, within this island, accordislands hereinafter set forth.
• ing to the laws and customs thereof, may at “And the jurors aforesaid, upon their oaths • all times repair unto his excellency for the aforesaid, farther say, that by an act of as
· full confirmation of their estates and tenures, sembly of the island of Barbadoes, in the West- • and then and there shall and may receive Indies, passed in the said island on the 12th such full confirmation and assurance, under day of September, 1663, intitled, “ An act for his majesty's great seal for this island, as • settling an impost on the commodities of the they can reasonably advise or desire, accord. growth of that island, it is amongst other . ing to the true intent and meaning of this act. things recited and enacted as follows:
«¢ And be it farther enacted, by the authority •Whereas our late sovereign lord Charles 6 aforesaid, that all and every the payments of • the first, of blessed memory, did, by his let- 40 pounds of cotton per head, and all otber • ters patent under the great seal of Eogland, • duties, rents, and arrears of rents, which bare • grant and convey unto James, earl of Car- or might have beeu levied, be from benceforth • lisle, and his heirs for ever, the propriety of absolutely and fully released and made void ; • this island of Barbadoes; and his sacred ma- and ibat the inhabitants of this island have jesty that now is baving by purchase in. • and bold their several plantations to them and • vested himself in all the rights of the said earl their heirs for ever, in free and common soc
of Carlisle, and in all other rights which any cage. Yielding and paying, therefore, at the 6 other person mayclaim from that patent, or any • feast of St. Michael every year, if the same other, and thereby more immediately and par- • shall be lawfully demanded, one ear of ludiap
ticularly bath (having] taken this island unto corn, to bis majesty, his heirs and successors • bis royal protection : and his most excellent • for ever, in full and free discharge of all renis • majesty having, by letters patent under the • and services for the future, in consideration of . great seal of England, bearing date the 12th of the release of the said 40 pouods, and in coo. • June, in the 15th year of bis reigo, appointed sideration of the confirmation of all estates in • his excellency Francis, lord Willoughby of this island, as aforesaid, and in acknowledg• Parham, captain general and chief governor ment of his majesty's grace and favour ia • of Barbadoes, and all the Carribbee islands, sending to and appointing over us his said . with full power and authority to grant, con-excellency, of whose prudence and moderate • firm, and assure to the inhabitants of the same, government we have heretofore bad large
• experience, and do rest, most assured thereofsovereign lord Charles the 2d, then king of for the future.
England, Scotland, France, and Ireland, and ** And forasmuch as nothing conduceth more to his heirs and successors for ever, as in and to the peace and prosperity of any place, and by the same act or statute, relation being
the protection of every single person therein, “thereunto bad, may more fully and at large " than that the public revenue thereof may be appear.' . in some measure proportioned to the public << And whereas since the making of the said charges and expences; and also well weigh. statute, to wit, in and by the late treaty of peace ing the great charges that there must be of and friendship concluded at Utrecht between
necessity in the maintaining the honour and the two crowns of Great Britain and France, dignity of his majesty's authority here; the ' an entire cession was made by the most Chrispublic meeting of the sessions ; ibe often at- • tian king Lewis the 14th to our late sovereign tendance of the council; the reparation of the lady Anne, queen of Great Britain, France, forts; the building a sessions-house and a ' and Ireland, and to her crown for ever, of all • prison; and all other public charges incum. • that part of the island of St. Christopher forbent on the goveroment; do, in consideration merly belonging to the crown of France ; so thereof, give and grant unto bis majesty, his that the same late French part of the said island beirs and successors for ever, and do most . of St.Christopher is now become parcel of the humbly desire your excellency to accept realm of Great Britain, and is under the sole these oor grants: and we humbly pray your • dominion and government of the crown of the excellency that it may be enacted, and be it same. enacted, by his excellency Francis, lord Wil- "** And whereas some doubts have arisen, wheloughby of Parham, captain general and ther the said late French part, so yielded up as ·chief governor of this island of Barbadoes, aforesaid to the said crown of Great Britain, be and all other the Carribbee islands, and by and subject to the payment of the aforesaid duties
with the consent of the council, and the gen- of four and a half per cent. so as aforesaid, in • tlemen of the assembly, representatives of this 6 and by the said recited act, given and granted . island, and by authority of the same, that an to our said late sovereign lord king Charles
impost or custom be, from and after publica- the 2d, his heirs and successors; for avoid. . tion hereof, raised upon the native commodi- ing, therefore, all disputes and controversies
ties of this island, after the proportions and in • which may for the future arise within the * manner and form as is bereafter set down and same island, touching or concerning the payappointed, that is to say, upon all dead com- • ment of the same duties, we, your majesty's
modities of the growth or produce of this • most dutiful and loyal subjects John Hart, • island, that shall be shipped off the same, shall esq. your majesty's captain general, and go. be paid to our sovereign lord the king, his vernor in chief of all your majesty's Leeward "heirs and successors for ever, four and a half Carribbee islands in America, and the council in specie for every five score.'
• and assembly of the said island of St. Chris“ And the jurors aforesaid, upon their oaths topher, do humbly beseech your majesty that aforesaid, farther say, that, by an act of as. . it may be enacted and declared, and it is heresembly of the island of St. Christopher, in the by enacted and declared, by the king's most West Judies, passed in the said island, in the excellent majesty, by and with the advice and ġear of our Lord 1727, intitled, “ An Act to • consent of the captain general and governor
subject all goods and commodities of the in chief of the said Leeward Carribbee islands, * growth and produce of the late French part in America, and the council and assembly of
of the island of St. Christopher, which are or • the said island of St. Christopher, and by the • shall be shipped off from the said island, to ' authority of the same, that all and singular the payment of the four and a half per cent. the goods and commodities of the growth and duty, and to ascertaiu at what places all the produce of the said late French part of the duties of four and a half per cent. shall be • said island of St. Christopher, and which at * received.'
* this time are, or hereafter shall be shipped “ It is, amongst other things, recited and • off from thence, in order to be carried to any epacted as follows: Whereas in and by an act • other port or place whatsoever, are, and for • or statute of the general council and genera! ever after shall be, subject and liable, and the
assembly of the Leeward Carribbee islands, same goods and commodities, and every of . in America, called or known by the names of them, are hereby made subject and liable, to
the island of Nevis, St. Christopher, Antigua, the payment of the aforesaid duties and cus6 and Montserrat, made in or about the year of toms of four pounds and half a pound per • our Lord 1663, and entitled, An Act for set. 1. cent. in specie, to your most sacred majesty, • tling an impost on the commodities of the your heirs and successors, in such manner
growth of the said Leeward Carribbee islands, and sort as the goods and commodities of the a certain duty or custom of four pounds and growth and produce of that part of the said • a half in specie for every hundred weight of island known and called by the name of the • the commodities of the growth and produce - English part thereof, bave heretofore and 6 of the said Leeward islands then afterwards hitherto been subjected and liable unto by * to be shipped off from the said islands, or any • force and virtue of the above recited act or
of them, was given and granted to our latestatute.'
« And the jurors aforesaid, upon their oaths pointed : that is to say, upon all commodities aforesaid, farther say, that by an act of assem - of the growth or production of this island that bly of the island of Nevis, in the West Indies, shall be shipped off the same, shall be paid to passed in the said island in the year of our our sovereign lord the king, bis heirs and Lord 1664, entitled, “An Act for settling an successors for ever, four and a half in specie • impost on the commodities of the growth of • for every [five] score.' • this island,' it is, amongst other things, re- " And the jurors aforesaid, upon their oaths cited and enacted as follows:
aforesaid, farther say, that by an act of as. Whereas our late sovereigo lord Charles sembly of the island of Antigua, in the West • the 1st, of blessed memory, did, by his letters Indies, passed in the said island on the 19th • patent under the great seal of England, grant of May, in the year of our Lord 1668, en• and convey unto James, earl of Carlisle, and titled, * An Act for the settlement of the cus« his heirs for ever, the propriety of this island • ton or duty of four and a balf per cent,' it
of Nevis; and his sacred majesty that now is is, amongst other things, recited and enacted • having by purchase invested himself in all as follows: "Whereas by reason of the late
the rights of the said earl of Carlisle, and in unhappy war which arose betwixt bis royal • all other rights which any other person may 'majesty Charles the second, king of Great • claim from that patent, or any other, and • Britain, France, and Ireland, &c. and the • thereby more immediately hath (having] • most Christian king, in France, as well as « taken this island and the rest of the Carribbee the states general of the United Netherlands, • islands into bis royal protection: and his most • several of his majesty of Great Britain his excellent majesty baving, by letters patent • territories on this side the tropic, became sub
under the great seal of England, bearing date .ject (through conquest) unto the said French " the 12th day of June, in the 15th year of his king and his subjects; and, amongst others,
reign, appointed his excellency Francis, lord this island of Antigua also was so subdued • Willoughby of Parham, captain general and by Monsieur de Labarr, lieutenant general by
chief governor of Barbadoes, and the rest of sea and land to the said French king, being as• the Carribbee islands, with full power and sisted by the Cannibal Indians ; by means
authority to grant, confirm, and assure to the whereof all the lands within this island be« inhabitants of the same, and their heirs for came forfeited unto bis thajesty, &c. as by an • ever, all lands, tenements, and hereditaments, act of this country, bearing date the 10th • under bis majesty's seal appointed for Barba - 1 day of April last past (reference being there. • does, and the rest of the Carribbee islands, as, . unto had) may more at large appear.
Know • relation being thereunto, had, may and doth ye, that for and in consideration of new grants more at large appear.
and confirmation of our said laods, under the “And whereas, by virtue of the said earl great seal appointed for Barbadoes, and ibe • of Carlisle's patent, divers governors and • rest of the Carribbee islands by his excellency • agents have been sent over hither with au- • Jord Willoughby of Parham, &c. we do give • thority to lay out, set, grant, or convey in 6 and grant to his said majesty, bis heirs and « parcels the land within this island, to such successors for ever, and most humbly desire • persons as they should think' fit, which was 'your excellency to accept these our grants :
by them, in their respective times, as much • and we do humbly pray your excellency • as in them lay, accordingly performed. And that it may be enacted, and he it enacted, by • whereas many have lost their grants, war- bis excellency lord Willoughby of Parham, • rants, or other evidences for their said lands; . captain general and chief governor of Bar6 and others, by reason of the ignorance of badoes, and the rest of the Carribbee islands, · those times, want sufficient and lawful words - and by and with the advice and consent of the • to create inheritances in them and ibeir heirs; • council, and gentlemen of the assembly, re• and others that never recorded their grants * presentatives of this island, and by the au« and warrants ; and others that can make no thority of the same, that an impost or custom . proof of any grants or warrants they ever be, from and after the publication bereof, • bad for their lands, and yet have been long raised upon the native commodities of this • and quiet possessors of the same, and be • island, after the proportion and in manner stowed great charges thereon. And we do and form as above set down, that is to say, • humbly pray your excellency that it might • upon all commodities of the growth or probe enacted, and te it enacted, by his excel- • duction of this island, that shall be shipped
lency Francis, lord Willoughby of Parham, off the same, shall be paid to our sovereign • captain general and chief governor of the Lord the king bis heirs and successors for
island of Barbadoes, and the rest of the Car- .ever, four and a half in specie for every five • ribbee islands, and by and with the advice and score.'
consent of the council and gentlemen of the " And the jurors aforesaid, upon their oaths. • assembly, representatives of this island, and aforesaid, farther say, that a custom-house I by the authority of the same, that an impost was established in the said island of Grenada,
or custom be, from and after the publication and proper officers appointed thereto. • hereof, raised upon the native cominodities of " And the jurors aforesaid, upon their oaths
this island, after the proportion and in manver aforesaid, farther say, that the plaintiff, being • and form as is hereafter set down and ap- a natural born subject of the king of Great Britain, on the third day of March, 1763, pur- This cause was first argued for the plaintiff chased a certain plantation in the said island by Mr. Alleyne, upon the above special verdict, of Grenada, of the French inhabitants, in pur. in Easter term, 1774, in substance bearly to suance of the said articles of capitulation, and the effect following: of the said treaty of peace, as many other British subjects had then, and since have, done. Mr. Alleyne.—My lords, if the wishes of go
“* And the jurors aforesaid, upon their oaths verninent, or professional rank, could influence aforesaid, farther say, that certain sugars of the decisions of this tribunal, I should now, the plaintiff's, and of the growth and produce considering the cause, and the dignity of those of the said island of Grenada, and made from advocates who support it against me, adopt. off the plaintiff's said plantation there, subse- the example of the Roman orator, and begin quent to the granting and registering of the with recommendiog my client to the grace and said letters patent of the 20th of July, 1764, protection of his judges; but experience bav. were exported from thence. And that the ing taught me that here the genuine merits of monies in the declaration mentioned to be had a cause are the judicial guide, I gladly follow and received by the defendant to the plaintiff's the practice of an English court, where the use, were paid to and received by the said laws are beard by their own recommendation, William Hall, in the said island of Grenada, and rise in humble confidence, of counsel with as aforesaid, as and for the duty of four and the plaintiff, who, through me, solicits your a ball per cent. imposed by the said letters lordships' justice in his behalf. patent of the 20th of July, 1764, he, the said This long expected and truly interesting William Hall, being thea and there the col- cause now comes before the Court upon a spelector of the said duty, for the use of his ina. cial verdict, found at the trial of the geveral jesty. And that the said William Hall hath issue before your lordship, on an action of not paid the same over to the use of his ma- indebitatus assumpsit;' nominally, indeed, jesty ; but, on notice of this action intended to brought for the recovery of an incoosiderable be brought, hatb, by and with the consent of sum of money ; but substantially, to take the bis majesty's attorney general, kept the same opinion of your lordships upon a question of the in his hands, for the purpose of trying the first magnitude. The verdict, wben relieved question arising upon the facts; and for which from the embarrassment of form, resolves itthis action is brought.
self into the following case. “ But whether upon the whole matter afore- The conquest of the island of Grenada, in said, found by the said jurors, in manner afore- the West Indies, was one among the many said, the said impost or custom of four and glorious achievements of the last war. one balf per cent. in specie, for and upon all surrendered to the troops of bis Britannic madead commodities of the growth or produce jesty, under general Mouckton, on the 7th of of the said island of Grenada shipped off for February, 1762. the same, was lawfully imposed or not, the said The articles under which it capitulated acjurors are altogether ignorant, and pray the ad- knowledge the inhabitants from thenceforth as rice of the Court in the premisses.
British subjects; require them to take the oath “ And if, upon the whole matter aforesaid, of allegiance, as a reciprocal duty resulting found by the said jurors, in manner aforesaid, from their adoption as such; secure to them it shall appear to the Court here that the said the enjoyment of their religion; assure ibein impost or custom of four and a half per cent of protection, in the same manner as the coloin specie of and upon all dead commodities of nies receive it; with whom, by this surrender, the growth or produce of the said island of and the consequent reception into the priviGrenada shipped off from the same, was not leges of British subjects, they are placed upon lawfully imposed, then the said jurors, upon an equal foot in the possession of the common their oaths say, that the said William Hall did liberiy; and permit them to dispose of their undertake and promise, in manner and form own lands, provided it be to British subjects. as the said Alexander Campbell, by his said On the general treaty of peace, signed at declaration, bath declared against him; and Paris, February the 10th, 1763, this island was they assess the damages of the said Alexander ceded by his Christiau majesty, in full right, on that occasion, besides bis costs and charges to the crown of England, under stipulations laid out by him about his suit in this behalf, similar to those on which the province of Cato 5l. and for such costs and charges 40s. nada was ceded; and in general confirmatory
" But if, upon the whole matter found by of the articles of capitulation. And in this the said jurors, it appear to the Court here, treaty his majesty engages, in the most ample that the said impost or custom of four and a manner, for the free exercise of the Roman half per cent, in specie of and upon all dead Catholic religion ; avd gives his French subcommodities of the growth or produce of the jects liberty to sell their goods and retire. said island of Grenada, shipped off from the On the 7th of October following bis majesty, same, was lawfully imposed, then the said to make good, in the fullest manner, those enjurors, upon their oaths, say, that the said gagements, upon the faith of wbich the island Williatn Hall did not promise and undertake had surrendered, and to perform at the same in manner and form as in his plea alledged." time the conditions of the treaty of peace, and
farther, with a view to the better peopling and VOL, XX.