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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.

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[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 satisty the said Alexander the said sum of

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

· be thereunto afierwards 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. learned 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, wbich was im.

or 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 Lon. provement 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 afier 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

next after the morrow of the Holy Trinity, in • king George the third.

this same term, (to which said day the said London to wit, Be it remembered, that William had 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 Westminster, 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 uudertake 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, 10" Therefore let a jury thereupon come before • wit, Alexander Campbell, esq. complains of our lord the king on Wednesilay 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 better known, [and • king himself, of a plea [of trespass on the who neither are of kiò to the aforesaid Alex.case ; and also] for that whereas the said Wil- 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 ihe said William, between whom the issue is, • ward of Cheap, was indebted to the said have put themselves upon 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 • William, 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, loid Mans• aforesaid, undertook, and to the said Alex- tiell, his majesty's chief justice assigned to • ander then and there faithfully promised, that hold pleas before our lord the king himself,

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shall first come on Friday the ad 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 o Answer-They become subjects of his cause none of them did appear.

• Britannic majesty, and must take the oath of .46 At wbich day, before our lord the king allegiance, but shall not be obliged to take at Westminster, came the aforesaid Alexander arms against bis most Christian majesty until Campbell, by the said Benjamin Rosewell, bisa peace may determine the fate of ihe island. attorney aforesaid. And the said chief justice, I "• Article the fiftb-They shall preserve their before whom the issue was tried, sept 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 to say, on the day and at the the same officers who are now in employ. 6 place 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 sball I vided, comes as well the witbin named Alex . be allowed to the inhabitants to preserve their • ander Campbell, esq. by his attorney within | political government, and to accept that of

named, as the within 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 Bostoek, majesty's pleasure be known. • David Chambers, James La Motte, John "Article the sixth-The inbabitants, as also • Wilkinson, Joshua Bedsbaw, and Silvanus 'the religious orders, of both sexes, shall be • Grove, coine, and are sworn upon that jury: / maintained in the property of their effects, • Apd because the residue of the jurors of the moveable aud immoveable, of what nature 6 same jury do not appear, therefore other per- soever, and shall be preserved in their privi. • sons, of those standing by the court, by the leges, rights, honours, and exemptions ; tbeir

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 orders• newly set down, whose names are filed in the · The inhabitants, being subjects of Great Bri. • withiu 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 Lee6 vided. Which said jurors, so newly set ward islands.' • dowo, that is to say, John Lee, William Ker "• Article the seventh-They shall not pay to • sil, Charles Hougham, John German, and his majesty any other duties than those which • Richard Hatt, being required, come, who, l: have been paid bitherto to his most Christian ! together with the said other jurors before im- majesty; and the capitation of negroes upon 6 papvelled, and sworn to declare ihe truth of the same footing it is paid at present, without . the witbio contents, being elected, tried, and any other charges or imposts: and the ex• sworn, 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 tbey • kiog uotil it was conquered by the British were by that 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. 10 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 acquisi. " And 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 tbe French king: and king of Great Britain, then it shall be per• that ibe said island of Grenada surrendered to mitied to the inbabitants, who shall not be "ibe British arms upon the same articles of willing to become bis 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 de 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 arms, dated the article granted, provided they sell to British

7th day of February, 1762, are the following subjects.' 6 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.

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treaty of peace and friendship between his 'tracting 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 WestminArticle 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 goveroments that our loving

ranties the whole of it and with all its depeno subjects should be informed of our paternal • dapcies to the king of Great Britain: more care for the security of the liberties and pro

over his most Christian majesty cedes and perties of those who are and shall become in• guaranties to his said Britannic majesty in habitants thereof; we have thought fit to

full right Canada, with all its dependancies, publish and declare, by this our proclamation, • 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 • will admit thereot, 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 "-And we have also given power to the said • striction, and without any liberty to depart ( governors, with the consent of our said coun

from the said cession and guaranty under cils 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 Jaws, statutes and or. tannic majesty on his side agrees to grant the • dinances, for the public welfare and good go• liberty of the Catholic religion to the inhabi. 'vernment of our said colonies and of the peo• tants of Canada : be will consequently give ple and inbabitants 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 6 and until such assemblies can be called as • laws of Great Britaiu can permit—His Bri- • aforesaid, all persons inhabiting in, or resort• tannic majesty further agrees that the French ing to our said colonies, may confide in our • inhabitants or others who had been subjects "royal protection for the enjoyment of the be

of the most Christian king in Canada, may pefit of the laws of our realm of England : • retire with all safety and freedom wherever * for which purpose we have given power under they sball 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 male este in Fals right the islands of Grenada, prin 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 Westmin

article for those of Canada. And the parti- ster, the 26th day of March 1764, amongst * tion 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 righttion the great benefit that will arise to the • to Great Britain, and that of St. Lucia sball 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,

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• Dominica, St. Vincent and Tobago, we do annual quit-rent to us,our heirs and successors, • therefore ibink fit, with the advice of onr of sixpence per acre, under the penalty of 51. • privy 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 clear* subjects 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

and directions for an iminediate 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 quit. 6 sach of the said islands as have not hitherto rents to commence at the expiration of twelve• been so surveyed and divided; and for laying mouths from the time each acre is cleared. 6 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, • tations 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 purchased.' • adapted to the growth of sugar, coffee, cocoa, “ And the jurors aforesaid, upon their oaths • cotton, or other articles of beneficial culo aforesaid, further say, that his majesty by bis let

ture; reserving to us, our heirs and successors, ters pateat, 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 cbief in and over the islands of

for ministers, allotments for school-masters, Grenada, the Grenadines, Dominica, St. Vin

for 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 adjacept thereto : wbich • lands in our islands of Dominica and St. said letters patent are as follows.--. George • Vincent, as at the time of the surrender l the third by the grace of God, of Great Bri• were and still are in the possession of the taip, France and Ireland, kiog, defender of • Frencb, inbabitants of the said islands ; the faith, &c. To our trusty and well bewhich lands it is our will and pleasure should loved Robert Melville, esq. greeting: whereas 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 hundredtions in America, commonly called or known acres, with some few allotments in each island by the pame of our Carribee islands lying

of fire bundred 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 government, during our will cultivation of sugar, and which from its and pleasure, as by tbe said recited letters pasituation requires in policy to be well peopled tent, relation being thereunto had, may more with white inhabitants, shall be in general from ' fully apd 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, iberein • keep upon the lot purchased one white man | contained, as relates to, or mentions, the ! or two white women, for every bundred 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 . 201. per annum for every wbite woman, and the prudence, courage and loyalty, of you 401. per annom for every wbite 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 I 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 captain

shall be cleared, and in default thereof sball general and governor in chief, in and over our • pay 5l. per annum for every acre not cleared islands of Grenada, the Grenadines, Domi

pursuant to such condition. And such pur. lnica, St. Vincent, and Tobago, 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 which now are, or hereto• white man or two wbite women for every •fore have been, dependent thereupon. And

hundred acres as the same shall be cleared. we do bereby require and command you to "That eacb purchaser, besides the purchase do and execute all things in due mayner, 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 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 his 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 sball • bereafter he made and agreed upon by you, at any time or times pass into any of our said • with the advice and consent of the council islands, or shall be resident or abiding there. 6 and assembly of the islands and plantations 16. And we do hereby authorize and impower under your government, in such mapper and you to keep and use the public seal, which

form as is hereinafter 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 tbat shall pass the great seal of • letters patent, and after the appointment of our said island. • our council for our said islands, in such mai-! «. And we do hereby give and grant unto . per 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, 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 l'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 preventingsignet 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 ". 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 administration of jus- the said act entitled, An Act for the furtber .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-1 ment, and the succession of the crown in the stations 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 ur said islands, or any three secret abetiors: as also make and subscribe the • of the members thereof, have hereby full aforementioned declaration, which 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 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 asseunbly • Sopbia, 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, statutes, and • of their places and trusts. And we do further ordinances, for the public peace, wellare, and 6 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 inha• time, and at any time hereafter, by yourself, bitants thereof, and such others as sball resort

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