Montserrat

CODE

of LAWS

From 1688, to 1788.

London

Printed, by Order of the Council and Assembly of His Majesty's Island of Montserrat, by Robert Hindmarsh, Printer to His Royal Highness the Prince of Wales, for J. Anderson, No. 62, Holborn-Hill.

MDCCXC.

INDEX

TO THE

Laws of Montserrat,

From 1668, to 1740.

[Passed 1668.]

AN Act for new-granting, settling, and confirming the Duty, Impost, or Custom of Four and an Half per Cent, of the Growth of this Island of Montserrat.

An Act declaring the former Grant of the Duty of Four and an Half per Cent, lost and null within this Island, &c. Page 1

An Act for new-granting and confirming the Duty or Custom of Four and an Half per Cent. 2

An Act for condemning all Lands lost to his Majesty in the said Island of Montserrat, 3

An Act for reinvesting all Proprietors in their Lands, ibid.

An Act for the raising a Maintenance for a preaching Minister, 5

An Act for the speedy erecting and building of a Place for the Court of Judicature, now or hereafter to be erected in this Island, to be kept in; and for the speedy erecting of Beacons in the several Parts of this Island.

An Act against all such Persons as neglect their Duty at Musters, or are disobedient to their Commanders, or are negligent in performing their Duty upon the Watch, or at Rendezvous, or in their March; and to prevent Persons lifted in one Division from removing into another, without lawful Notice given to their Commander; as also for making Provision for the raising of a Magazine in this Island.

An Act for the speedy building of a Town at Brisket’s Bay, in the Island aforesaid.

An Act for settling of the Secretary's Fees, and Marshal’s Fees, in the Island aforesaid.

An Act against opprobrious Language, 6

An Act to prevent the Trouble of Jurors in Actions not exceeding One Thousand Pounds of Sugar.

iv Index to the Laws of Montserrat.

[Passed 1669.]

An Act touching the Merchants selling of Liquors; and that the Keepers of Taphouses do not exact in selling of their Liquors for Money. &c.

An Act for paying of Tobacco in Leaf, &c.

An Act for planting of Provisions, and disannulling of Writings made out of the Secretary’s Office.

[1670.]

An Act for reducing the Trade of this Island. into Three certain Towns in the same; and for Encouragement of those who shall bring any Foreign Corn into this Island.

An Act for restraining the Liberty of Negroes, and to prevent the running away of Christian Servants, &c. Page 8

An Act for the repairing the Highways in the aforesaid Island, and for keeping them so.

An Act touching such as shall buy any Sorts of Liquors on Board any Ships or other Vessels in this Island, and against those who shall sell any Liquors in or upon this Island without Licence.

An Act to prevent the Abuse committed by paying of such Indigo and Sugar as are not fit to be received; and that the Sugars made in and upon this Island shall not pass under the Rates in this Act mentioned.

An Act that the Bounds of every Person or Persons Land in and upon this Island be examined.

[1672.]

An Act for the raising of a Levy on all Lands in this Island, and the Inhabitants thereof; and, for the building of a Court-house and Prison.

An Act for the speedy making of a Platform in the New Fort of this Island, for the Guns to be planted there,

[1668.]

An Act for the Observation of the Lord’s Day, 9

An Act of free Trade for Merchants and Traders, reserving to the Governor Four and twenty Hours for his Particular with the Inhabitants; and for preventing the Fraud in Quality or Quantity of Weights and Measures, 10

An Act against Ingrossers of Commodities, and Forestallers of Goods.

An Act to prevent Merchants or Factors in this Island from selling Goods left with them at a dearer Rate than the first Merchant sold, upon Pain of One thousand Pounds of Tobacco.

An Act for viewing, sealing, and allowing Merchants Weights and Measures.

An Act for Masters of Ships, Boats, or Vessels that come to anchor in the Road of this Island, to enter into Bond within Four and twenty Hours in th ’ Secretary’s Office, not to transport any Person front the Island with out Licence from the Office under the Governor’s Hand, and to have Licence of Trade from the Office before they sell their Goods, &c.

An Act for the Marshal's attending the Governor once in every Four and twenty Hours, &c. 10

An Act against going through Fields of Canes with lighted Pipes, &c. 11.

An Act against Slaves going from their Master’s Plantation on the Lord’s Day, and against such as entertain any Runaways, &c.

An Act against Negroes and Slaves that presume to go from their Masters Plantation without Licence tender their Hands, &c.

Index to the Laws of Montserrat. v

[Passed 1673.]

An Act impowering Justices of the Peace to order Labourers Wages; and restraining Persons going on Board Ships or other Vessels. 1673.

[1675.]

An Act restraining Physicians high Fees, and fining Rum-works

An Act for the speedy fixing of Fire-arms, and also for the Encouragement of Workmen.

[1677.]

An Act prohibiting the Importation of Fyall Wine, and all Liquors to be entered before landed, and an Impost on the same.

An Act Confirming Levies formerly raised; Treasurer's Notes to be accepted; Minister and Clerk's Salary; and Cattle's trespassing.

[1678.]

An Act about contracting Marriages; and the Governor, Secretary, and Marshal to be free from all Taxes, Page 11

[1679.]

An Act against Negroes wanderings and the Concealors thereof.

[1680.]

An Act imposing a Duty of Powder on all the Growth or Manufacture of Sugar, Tobacco, or Indigo transported from this Island.

An Act restraining the Alignment of Bonds and Bills, without Consent of Parties, and Session Two several Times in the Year; no Jury to be under One Thousand Pounds of Sugar.

An Act for the making Restitution for Cattle stolen by Negroes; and Licences for Taphouses in Town and Country, 12

[1693.]

An Act against Blasphemy, and for preventing Disorders in Alehouses, Taverns and Victualling-houses, and for rating Liquors sold by Retail.

An Act for preventing Abuses that arise by Persons going on Board Vessels before the Master hath made his Appearance to the Governor; and for the better ordering Boats and, Wherries, 14

An Act to restrain the Insolence of Slaves, and for preventing them from committing any Outrages, as also the better ordering such Slaves, &c. 16

An Act for the encouraging the Importation of white Servants, 19

An Act for the settling the Militia of this Island, 21

An Act for the easing of Tenants in Part, from the great Taxes already raised and to be raised during the War, and assessing of Landlords.

[1696.]

An Act to enable Robert Blake, Esquire, to fell the Plantation of Nicholas Lynch deceased, for the Payment of his Debts.

---

An Act for the proportionating of the Work on the Trenches, etnd the Reparation of the Fort at the Tozxin, of Kingsale; and for repairing and amending the public Roads and Highways of the Island of oresaid, 26

An Act for a Donation to the Honorable Colonel Thomas Delavall, Lieute- 1697, nant-governor of this Island.

An Act for tafing a Levy or Tax for dfraying and discharging the public Debts of this his Majesty's Island.

An Act to prevent the Disputes and Contrbverjies which have lately happened xyoOi. by the Payment of Money in lieu of the Commodity made or produced in this Island, and to regulate the fame for the future.

Index to the LAWS of Montserrat.

Palled

1700.

1702.

1704-5.

1705.

1710.

1711.

1712.

1712.]3.

1714.

An Act for quieting Mens Lfates, and for avoiding litigious Law flitsfor Lands and Plantations in this her Majestys If and.

An Act for repairing and amending the Highways, and for preventing the cutting down or clearing the funding Woods, Underwoods, Copjes, or Bufiies which grow by the Sides of Rivers and Brooks in this If and, 29

An Act impowering Justices of the Peace to decide Differences not exceeding Six Pounds, 31.

An Act to prevent Hazards and Inconveniencies that may happen by Thatcht Houses in the Tozun of Plymouth; and clandefine Dealings with Negroes,-

32

An Act determining the Sitting of Assemblies, and regulating the Llcdlions . of the same.

An Act to prevent burning or breaking of Canes, 35

An Act for raifng a Levy or Tax for defraying or discharging the public Debts, and the Support of the Government.

An Act for the quartering Two Companies of Soldiers now in the If and, under the Command of Captain Maurice A’herne, and Captain William Moore.

An Act for repairing the several Ports and Platforms in this If and.

An Act for quieting Pqffefions, and for the better securing and confirming the Titles of Lands in this if and, 36

An Act to revive an Act, intituled, An Act for settling the Rates of Impost on Liquors and Licences, and for enabling the Treasurer for the Time being to collect the same.

An Act to revive an Act to impower the Treasurer for the Time being, or his Deputy, to seize all Liquors which are in any Person’s Custody that prelume to fell Liquors by Retail without Licence.

An Act for raifng a Levy or Tax to defray and dfcharge the public Debts, and for the Support of this If and.

An Act to levy a Tax on all such dry Goods and, Merchandize as shall be imported to this Island from Europe, to help to defray the contingent. Charges thereof.

An Act intituled, A Powder Act.

An Act for raifng a Fund to carry on an Undertaking for the recovering of the Losses of this Island lately fifi aimed by the French. "

An Act for the securing Debts due to any Person from the Public who by the latelnvafion hath lofi their Adjuflments, formerly settled by the Government.

An Act for repealing a certain Clause in an Act made in the Reign of King William, intituled, An Act to restrain the Insolencies of Slaves, and for preventing them from committing any Outrages, as also for the better ordering such Slaves, 38

An Act to impower the Farmer of the Liquors and Licences to collect all and fngular the Dues and Duties arising from the same.

Index to the LAWS of Montserrat.

An Act to continue a former AElfor laying an Impqfition on Wines and Palled other Liquors imported in this Island. 1714.

An Act for the unthatching all Thatcht Houses in the Town of Plymouth.

An Act to repeal an Act, intituled, A Powder Act; and for appointing an Impofi of Powder on each Ton of Goods of the Growth of this Island, that all Ships, Sloops, &c. trading to this Islandshall take on Board.

An Act to repeal the Act, intituled. The Six Pound Act. 17^5-

An Act for granting unto the Honourable Thomas Talniach, Esquire, Lieutenant-governor of this Island, the feverdl Rates and Duties upon Wines and other Liquors, and upon Licences for Sale thereof*

An Act for raising a Levy or Tax.

An Act to prevent the making corrupt Indigo* 1717*

An Act for the reducing of interestfrom Ten to Six per Cent. 1717-18.

An Act for the appointing William Nevin, Esquire, Agent for the If and of 1718* Montserrat.

An Act for the prohibiting levying of Executions from the left of August to Ihefirst o/" March.

An Act for raising a Levy or Poll Tax, and Assessment upon Trading Men,

&c. to pay off the public Debts of this If ana.

An Act for the punishng such Persons as fiall detain other Persons Slaves or I7 19.' Servants, Page 39

An Act for the exempting the several Members of the Council and Assembly, and other Persons, from Arrefs on public Days, 40

A Repeal of an Act, whereby the Ditties on Wines and other Liquors, and 1721* upon Licences, are given to the Honourable Thomas Talmach, Esquire; and for appointing the former Duties to be levied on Wines, and other strong Liquors imported into this Island.

An Act for raising a Levy or Poll Tax, and for taxing and assessing of the Houses in the Town of Plymouth, to pay off the public Debts of this Island.

An Act for granting to his Majesty, his Heirs and Successors, certain Du- 1721^2. ties upon the Impofl of dry Goods and Liquors, &c, and for the Payment of Five Hundred Pounds annually to his Excellency John Hart, Esquire, Captain-general, and Governor in Chiff of all his Majesty s Leeward Cha-ribbee //lands mAmerica.

An Act for raising a Levy or' Poll Tax, for taxing the everal Houses within the Town of Plymouth, and for qffeffing each respective Trader within the said Island.

An Act for granting to his Majesty, his Heirs and Successors, certain Du- 1722< ties upon the Imposts of Beef, Pork, Herrings, See. towards defraying the annual Expences of the Honourable Charles Dilke, Esquire, Lieutenant-governor.

b

Art

VIII

Passed

1722.

1723-4.

1724.

172 6. 1728-9.

1729.

1730.

1732.

1732“3-

*733-

Index to the LAWS of Montserrat.

An Act for the preventing keeping Canoes, unless fujji.cie.nt Security be given; and to prevent Members of the Council and Assembly signing any Adjvft-ments out of their r effective Houses, Page 40

An Act for granting to his Majesty, his Heirs and Successors, certain Duties upcm the Impojl of Liquors, and upon House Rent and Mills in this Island, for the Payment of Five Hundred Pounds annually to his Excellency John Hart, Esquire, Captain-general, and Governor in Chief of all his Majestys Leeward Charifabee Islands in America.

An Act for raffing a Levy or Poll Tax, towards paying and discharging the Debts of this Island.

An Act to prevent the frequenting of Taverns, Alehoufs, and oth r Tippling-housesby Seamen; and for the preventing the felling of Rum, Ruin Punch, or other Liquors, to Aegroes on Sundays, 42

An Act for holding a Court of General S-ssions, 43

An Act for raffing a Levy or Poll Tax.

An Act for granting to his Majesty, his Heirs and Succejfiors, certain Duties upon the Impost of Liquors, and upon House Rent in the Tozvn of Plymouth, and Mills in this If and, for the Payment of Six Hundred Pounds per Annum, in the Species of Gold or Silver, unto his Excellency Thomas Earl ^/ Londonderry, Captain-general, and Governor in Chief of all his Majesty s Leeward Charibbee fflands in America.

An Act for the efablifiing of a. Court of King's-bench and Common-pleas, and a Cotart of Errors, and for the morefpeedy Execution offustice; and for collecting certain Fines and Penalties on the Of icers taking other Fees than allozvcd in a Docket settled by his Excellency, by the Advice of the Council, At:

An Act of Settlement and Limitations, for avoiding Suits at Lazo, 55

An Act for the Encouragement of Artifcers and Labourers to recover Debts not exceeding Six Pounds, gj

An Act to repeal an Act, intituled, An Act impowering Justices of the Peace to decide Differences not exceeding Six Pounds.

An Act for raffing a Levy or Poll Tax, and for ctffijjing of the Houses in the Tozun of Plymouth.

An Act for naturalizing Tohn Lindefay, Tohn Lindefav junior, and Tofepli Lindefay, Dutch Protcfants.

An Act for naturalizing William Vessunp, Maria Vessunp, Maria Vessunp junior, Anna Vessunp, Elizabeth Vessunp, John Veflunp, Baltazar Vemmp, Hans Peter Dorns, and Cornelius Duurloo, Dutch Protcfants.

An Act for corflituting a Court Merchant.

An Act for felling Flour, Biscuit, Corn, and Oates by Weight, 58

An Act for raffing a Levy or Poll Tax, and for assessing the Houses in the Tozsm of Plymouth,

Index to the LAWS of Montserrat.

An Act to explain a Clause in an Act, intituled, An Act for holding a Court Faffed of General Sessions, Page 59 1733.

An Act to amend a Clause in an Act, intituled, An Act for establishing of a Court of King’s-bench and Common-pleas, and a Court of Errors, and for the more speedy Execution of Justice; and for collecting certain Fines and Penalties on the Officers taking other Fees than allowed in a Docket settled by his Excellency, by the Advice of the Council, 60

An Act for the more speedy Building of a Church in the Parish of St. Anthony, in the Island aforesaid.

An Act for providing an honourable Support for his Excellency William 1734. Mathew, Esquire, Chief Governor of these islands, during his Government; and for continuing the Duties on Liquors and Licences.

An Act for raising a Levy or Poll Tax, and for assessing the Houses in the Town of Plymouth.

An Act for the more speedy and effectual Dispatch of the public Bufness of this Island.

An Act for the better preserving and taking Care of the Parifi Church of St. Anthony, and the Inclosure thereof as afo the Inclosure round the old Church-yard, 62

An Act for the encouraging the Loan of Money by Factors or Merchants in 1735* Great Britain, to Persons ref ding in this Island, 63

An Act for the reducing of Interest from Ten to Eight per Cent. 64

An Act for building a Magazine, and for putting in Order the Forts and Batteries within this Island, and mounting the Camion thereon.

An Act for confituting a Court Merchant. 1735-6*

An Act for ra.ifng a Levy or Poll Tax, and for qffejfiig the Houses in tin Town of Plymouth.

An Act for the more effectual preventing all Trade in these Parts, between iyo(j. His Majestys Subjects and the French, 64

An Act for the further Refriction of Slaves, by prohibiting them from planting any Indigo, Cotton, Ginger, Coffee, or Cocoa; and from keeping a public Market on Sundays; and for further restraining licentious Meetings of Negroes, 67

An Act for raif ng a Levy or Poll Tax, and for assessing the Houses in the 1736-7. Town ^/"Plymouth.

An Act for appointing John Yeamans, Esquire, Agent for this Island, and 1737. for providing a Rccompencefor his Trouble, and settling Methodsfor his better Management of that Trust.

An Act for the more speedy and effectual Dispaich of the public Bufness of 1738. this Island, 6g

An Act to explain and amend an Act., intituled, An Act for repairing and amending the Highways, and for preventing the cutting down or clearing the Sanding Woods, Underwoods, Copses, or Bushes which grow by the Sides of the Rivers and Brooks in this Island, 70

Index to the LAWS of Montserrat.

Palled An Act for raising a Levy or Poll Tax, and for taxing the Hoafes and

1738* Livers in the Town of Plymouth.

An Act for repairing Plymouth Fort and Magazine, and for featuring the Townfrom any future Eruption of Waterfrom the Fort Quit.

1739- An Act to raise a Levy or Poll Tax upon Whites and Slaves, and to tax the Hovfcs in the Town of Plymouth.

1739'4°- An Act for preventing clandefine Marriages in the Island of Montserrat,

Page 73.

1740.

An Act for the better Recovery of Debts from Judges, and others, Ministers of the Law in this If and, and for obliging them to put in Special Bail upon Warrants of Arref, 74

An Act to raise a Levy or Poll Tax upon Whites and Slaves, and to tax the Houses in the Town of Plymouth.

An Act impowering the Jufices of the Court of General Scfions to appoint. Surveyors of the Highways, and for the Toxon of Plymouth, on Faihtre of their being appointed, as by former Acts directed, nc

rar

THE

LAWS

OF

MONTSERRAT.

By his Excellency William Lord Willoughby of Parham, Captain-general, and Chief Governor of Barbadoes, and the rest of the Charibbee IfLands, the Honourable Council, and several Representatives of the Inhabitants of this Wand:

An' AEl declaring the former Grant of the Duty of Four 2.

and an Half per Cent, loft and nidi within this If and See,

WHEREAS, during tire late War betwixt our Sovereign Lord King Charles the Second, the French King, and the United Netherlands, our laid Majesty loft several of his If lands in the West Indies, being fubduedby several Forces commanded under Monsieur Le Febrile Delabar, and aftifted by that inhumane barbarous People the Indians, and amongst others, this Island also being loft, as aforesaid, thereby all the Constitutions of Government, Lands, and Grants for Lands, were allb destroyed, together with the Grant

for, and Duty of Four and an Half per Cent.

which was formerly settled in this Place; be it therefore ordained and enabled, and it is hereby ordained and enacted by the Authority afore-

A said,

The LAWS of MONTSERRAT.

1658. said, That the said former Custom, Impost or Duty of Four and an Half per Cent, is, to all Intents and Purposes, become void and null, and also any

Custom, £3c. Act and Thing concerning the same, by reason of the Conquefh aforesaid. Cent, void by and the fame is hereby declared null and void accordingly.

reason of Conquest.

By his Excellency William Lord Willoughby of Parham, Captain-general and Chief Governor of Barbadoes, and the rest of the Charibbee Islands, the Honourable Council, and the several Representatives of the several Inhabitants of this I Hand

3- An Act for new-granting and confirming the Duty or Custom

of Four and an Half per Cent.

WHEREAS, by reason of late Conquests obtained by the French King on all the Inhabitants of this his Majesty's Island, all Manner of Civil Government, the several Constitutions, Grants, and particular Properties of all of his said Majesty's Subjects were destroyed and loft within this his said Island: And whereas, among the rest, the former Grant and Settlement of the Custom or Duty of Four and an Half'per Cent, became void, null, and of none Effect, as may also more plainly appear by an Act of this Country, bearing Date the Fifteenth Day of April instant, in that Cafe made and provided; therefore be it enacted and ordained, and it is hereby enacted and ordained by the Authority aforesaid, That from 4h per Cent, and after the Day of the Date hereof, anewlmpost or Custom of Four continued. anq an Half per Cent, shall be paid out of all the Commodities of the Growth of this Island, which shall be exported out of this Island by every such Transporter, unto the Use of his said Majesty King Charles, &c. his Heirs and Successors for ever, and the fame is and shall be hereby confirmed on his Majesty, his Heirs and Successors, in as full and ample Manner as ever the fame was heretofore paid, granted, and confirmed in Barbadoes, or any other of his said Majesty's Islands of Nevis, &C. and whosoever shall unduly [hip any Goods of the Growth of this Island in any Shallop, Ship, Boat, or other Vessel, without due Entry first made, and Payment made or secured to be made for the Custom or Duty, in the Cuf-tom-house that shall be appointed to receive such Entries, the Custom or Duty growing thereupon, shall lose all such Goods; the One Half to his said Majesty, the other Half to the Seizer of the fame, which shall be recoverable in his said Majesty's Courts here, by Bill of Complaint, or the like.

By

The LAWS of MONTSERRAT.

3

By his Excellency William Lord Willoughby of Parham, Captain-general and Chief Governor of Barb ado es, and the rest of the Charibbee Islands, the Honourable Council, and the several Representatives of the Inhabitants of this Island:

An Act for condemning all Lands lof to his Majesty in the said If and of Montserrat.

FORASMUCH as the late unhappy War arose between our Sovereign Lord King Charles the Second, S’c. the French King, and the States of the United Netherlands, by Means whereof those of his said Majesty's Subjects, situate on this Side the Tropick, were Sharers in several Misfortunes of the said War, several of his said Majesty's Islands in these Parts, being by an irresistable Power conquered and subdued by the French King’s Forces, and Ships of War, under the Command and Condufl of Monlieur Le Februe De'lahar, Captain-general to the French King, in the West Indies, assisted with the Indian Canibals, amongst which Conquests, this Island also was fully subdued to the Obedience of the said French King, notwithstanding all Resistance possible was made against the Enemy by the Inhabitants of the fame, Two Governors being commissio-nated and settled here to transact the said French King’s Affairs, which said Island was afterwards resettled and restored by several Ships and Forces pertaining to his said Majesty King Charles the Second, &V. so that all this Island thereby is become loll unto his said Majesty our Sovereign Lord King Charles the Second, 53c. therefore be it enacted and ordained, and it is hereby enafied and ordained by the Authority aforesaid, That all and every of the former Proprietors of Lands within this Island, (whether present here or absent) their and every of their Heirs, Executors, Administrators, and Assigns, and all Manner of Persons whatsoever, claiming for, by, or under them, have, to all Intents and Purposes, loft all and every Part and Parcel-of their respective Lands to his said Majesty, as .aforesaid, and their and every of their former Grants, Patents, and Titles to their and every of their Lands, are hereby deemed loft to his said Majesty accordingly.

By his Excellency William Lord Willoughby of Parham, Captain-general and Chief Governor of Barbadoes, and the rest of the Charibbee Islands, the Honourable Council, and Assembly of the said Island of Montserrat:

An Act for reinvefing all Properties in their Lands.

W

King,

WHEREAS a late unhappy War happened between our Gracious Sovereign Lord King Charles the Second, 53c. the French and the United Netherlands, by Means whereof several bad

0 4-

Lands loft to his Majesty,

5-

4

The LAWS of MONTSERRAT. 1668.

Accidents befel our said Majesty's Subjects in these Parts of the

World, several of his Hlands being conquered by an overpowering Force v ’ both by Sea and Land, under the Conduit of Monsieur Le Februe Dclahar, Captain-general to the Laid French King in America, being assisted by the bloody and barbarous Indians, during which War the like Conquest by the French King was obtained over and upon our said Majesty's Subjects in this Island, the fame for a certain Time being possessed and governed by the said French King’s Commission, by Means whereof all the Lands in this Island belonging to all Persons, both present and absent, are become loft to our said Majesty, he having since regained the same to his own v Obedience by his Forces, according to the declared Wishes and Desires of these Inhabhants, all which Lands accordingly, by an Act of this Country, bearing Date the Sixteenth Day of April instant, are enacted and ordained to be loft, to all Intents and Purposes, unto his said Majesty King Charles the Second, £?c\ now forasmuch as that the several Inhabitants of this Island (if not encouraged to stay and abide here) are likely speedily to desert this Island, to the Prejudice of our said Majesty's Interest in these Parts, if a timely Remedy shall not be in that Cafe made and provided: For the Prevention therefore of the aforesaid Inconveniency, it is enacted x nds vest an<^ ordaiiied, and be it hereby enacted and ordained by the Authority edinPropri- aforesaid, That all and every of the late Proprietors of Land in this Island etori. are hereby reinveiled in all and singular their Plantations, Lands, Immunities, and Appurtenances, which lately they enjoyed, and the same to hold, occupy, enjoy, and possess, to him and them, his and their Heirs, Executors, Administrators, and Assigns for ever, and that they shall and may, when reasonably delire d, have the fame so confirmed, by Patent under the Great Seal of Barbadoes, and the rest of the Charibbee Islands, for that Purpose by his said Majesty appointed, excepting, and always excepted, any Lands ex- Thing aforesaid to the contrary in any wise notwithstanding, all the Lands cepted, hereafter mentioned, to say, all the Land of Anthony Brifkett, Esquire;

also excepted, all that Plantation of Mr. William Carr’s, given him by Governor OJborve, Northward, esteemed Three Hundred Acres, more or less, and religned by him, laving Liberty to Francis Francklin of Nevis, for an Hundred and Thirteen and an Half Acres, if well-settled in Twelve Months; also excepted, that Plantation called, The Merchants of London’s Plantation, to say, Mark Mortimer, and others. Northward, Three Hundred Acres, more or less; also excepted, that Plantation of Mr. Potts of Plymouth, Northward, Two Plundred Acres, more or less, unless in Twelve Months the fame shall be well-settled and furnifiled with a competent Number of Men, able Men for Arms; and also excepted, William Will-cox’s Plantation, Northward, One Hundred and Fifty Acres, more or less, unless in Twelve Months the fame be settled as by Mr. Potts is mentioned to be settled: and also excepted, that Plantation of Mr. Irish, Northward, sometime called The Cow Pasture, One Hundred and Fifty Acres, more or less, unless in Twelve Months the same shall be so settled, as aforesaid; as also excepted, that Plantation formerly of Lieutenant Stevens, Northward, being Three Hundred Acres, more or less, religned by Alexander Roli-Jbn, in lieu of that Parcel of Land to be confirmed on him which was formerly appertaining to Thomas Andrews at the Garden, being One Hundred Acres, more or less, reserving to Daniel Jones what Interest by a former Bill of Sale expressed to pertain to him, and Fifty Acres more of the Land adjoining, never before taken up; also excepted, the Land and Plantation of the Widow Bently, Northward, containing Four Hundred Acres, more or less, if the same shall not be well-settled by her in Twelve Months Time from the Day of the Date hereof, with a competent Number ol Men able to bear Arms for the Defence of the Island, suitable to such

The LAWS of MONTSERRAT. 5

a Quantity of Land; also excepted, all the Land of Colonel 0(borne, late Governor here, being absent from this Island, unless in Twelve Months Time 1658. from the Day of the Date hereof, all his laid Land shall be well-settled by ' v •him, and furnished with a competent Number of Men able to bear Arms for the defending of this Island; also excepted, all that Plantation formerly pof-lefled by Lucus Codory, absent from this Island, with all his Family, unless the same shall be lettfed by him in like Manner as is alone declared in the Cafe of Colonel OJb orne aforesaid, being One Hundred and Fifty Acres, more oriels; all’o excepted, that Plantation of Colonel Devereux, unless settled in the fa.me Manner as aforesaid; also excepted, all those Lands for-merly called and owned as pertaining to Doflor Peter De'laroufe deceased,

•being Six Hundred Acres, more or less; as also excepted, all the Lands •about Carr River, unless the same shall in Six Months .be well-lettled, to ’the Content of the Governor and Council of this Island.

By the Honourable Colonel William Stapleton, Governor of the Island aforesaid, his Council, and the Gentlemen of the Assembly, the several Representatives of the several Inhabitants of the said Island:

An Act for the raising a Maintenance for a preaching 0° 6.

Mini/ler.

WHEREAS this Island hath, since the late War in these We'stern Parts, and the reducing^of the same to the Obedience of our Sovereign Lord King Charles the Second, &c. been much dellitute of a preaching Minister, which hath caused many Breaches o’f the Sabbath, and a general Neglect of public Worship, &c. to the Dishonour of Almighty God, and scandalizing of the Protellant Religion; for preventing of which for the future, be it enacted and ordained, and it is hereby enacted and ordained by the Authority aforesaid, That, by the lirlt Conveniency that may be, an able preaching Orthodox Minister be procured, for per- A M-nifter forming of public Worship, and preaching of God's holy Wor-d, and ad-to be ap-:ministering the Sacraments of Baptism and the Lord’s Supper, and other pointed. Rites and Ceremonies of the Church, in this Island of Montferral, according to the Canons of the .Church 'O^i. England, and the known Laws of the said Realm.

II. And it is hereby further enabled and ordained by the Authority aforesaid, That for the Maintenance of such able preaching Minister, the full and just Quantity of Fourteen Thousand Pounds of Sugar, or the Va-lue thereof in Tobacco, Cotton, Wool, or Indigo,-be yearly raised or le- ’ vied of and from the several Inhabitants of this Island, according to their several Abilities, by Way of Levy, or otherwise-; and that all and every the Quantities of Sugar, Tobacco, Cotton, Wool, or Indigo, so to be levied for the Maintenance of any such preaching Minister, shall be paid amto the Treasurer, now or hereafter to be appointed for the said Island,

£ and

6

The LAWS of MONTSERRAT.

tVC-1 and die lame to be paid by such Treasurer unto such able preaching Minis-, 10' j ter, upon lawful Demand: Provided always, and the true Intent and and Duty Meaning of the Authority aforesaid, and this Act, is. That every such able preaching Miniller, which by this Act shall be capable to receive the aforesaid yearly Salary or Stipend of Fourteen Thousand Pounds of Sugar, or the Value thereof in Tobacco, Cotton, Wool, or Indigo, shall not deny the baptizing of any Infants born of any of the Inhabitants of this llland, being brought unto him to the Church, or public Place of Worship, without demanding an)' Payment for the adrniniftering the Sacrament of Baptismto such Infant or Infants, according to the Canons and Constitutions of the Church of England, nor for Churching of Women, according also to the Place aforesaid : Provided also, That no such preaching Miniller shall demand any more than One Hundred Pounds of Sugar, or the Value thereof in Tobacco, Cotton, Wool, or Indigo, for the joining together any of the Inhabitants of this Island in the holy and lawful Estate of Matrimony; neither shall any such preaching Miniller deny the burying of any of the Inhabitants of this llland, who shall depart this Life in the said llland, and to be buried in the fame, upon Requell to him made by any Person or Persons to that Purpose, without demanding or taking any Thing for so doing; excepted always out of this Acti, all such Funeral Sermons which any such preaching Miniffer shall be desired or employed to preach, for which it shall and may be lawful to and for such preaching Minister to agree for with any Person or Persons that shall desire him to perform the same.

By the Honourable Colonel William Stapleton, Governor of the llland aforesaid, the Honourable Council, and Gentlemen of the Assembly, the several Representaiives of the several Inhabitants of the Island aforesaid

0° 11.

An Act against opprobrious Language.

Penalty for opprobrious Language.

WHEREAS there are several scandalous and opprobrious Persons, who have no Respect for Government, nor the Persons lawfully conllituted for due adminiflcring of Justice and good Government, in this Island; which, in Process of Time, if not duly prevented, may, through their scandalous, ruinous, and opprobrious Speeches, over-lhadow the good Government and Administers of Justice in this Island with the staple Clouds of Reproach and Infamy, contrary to the Peace of our Sovereign Lord the King, his Crown and Dignity, and to the great Damage and Discouragement of the public Officers, not now only in this Island, but to all such as for the future shall be thought fit, or cholen to bear public Employ in this Island : For the Prevention whereof for the future, and punishing all those as shall offend in the Premisses, be it enacted and ordained, and it is hereby enacted and ordained by the Authority aforesaid, That ip from and after the First Day of December next ensuing the Date hereof, any Person or Persons, either Inhabitant or Stranger, Inhabitants or Stangers, of

what

7

The LAWS of MONTSERRAT.

what Degree or Quality soever, shall presume, either by Writing, verbally, ,-'--,

•or other Ways or Means, to scandalixe or abuse any of the Gentlemen of the Council in this Island, now or h.ereafter to be lawfully cnofen, defiled, v •and (worn by the Governor for the Time being, his Successor or Successors, shall for every Time so offending pay to the immediate or any future Treasurer for this island the full and just Quantity of Five Thousand Pounds of Sugar, or the Value thereof in Tobacco, Cotton, Wool, or Indigo, for the public Use of this Island; and if, in Manner and Form aforesaid, any such Inhabitant or Stranger, Inhabitants or Strangers, shall scandalize and abuse .any of the Gentlemen of the Assembly, or any other public Officer or Officers in this Island, now or hereafter to be lawfully chosen. elected, and sworn by the Governor for the Time being, and his Council, or the several Inhabitants of this Island, foall for every Time so offending pay unto the Treasurer aforesaid, 53 c. the full and just Quantity of Five Hundred Pounds of Sugar, or the Value thereof in Tobacco, Colton, V\ ool, or Indigo, to the Use aforesaid : but if he or file so offending in the Premisses shall not be of a Capacity to satisfy his, her, or their Fine aforesaid, then he, she, or they shall be liable to liana to, and abide such Corporal Punishment that the immediate Governor and Council of the Island aforesaid, or their Successors, shall inflidl upon any such Offender or Offenders: Provided always, and the true Intent and Meaning of the Authority aforesaid, and this Act, is. That upon no Pretence or Allegation, Equivocation, or mental Reservation whatsoever:, any such Person or Persons so offending in the Premisses, and being lawfully convicted thereof before the immediate Governor, or any Two of the Council, or any One Justice of the Peace, lawfully commissionated in this Island, their Successor or Successors, by the lawful Oath of One or Two credible Witnesses, shall be exempted from paying any of the Fines aforesaid, and, if not of Ability to satisfy the fame, from any such Corporal Punishment that shall be on he, file, or they so offending in Manner and Form aforesaid inflicted; any Law,

TJfage, or Custom in this Island to the contrary thereof in any wise notwithstanding.

II. And whereas also there are several Persons of his Majesty's Subjects of his Three Nations, that is to say, England, Scotland, and Ireland, residing in this Island, and oftentimes, as well in Drink as f'ober, certain Words •of Diflindlion do arise between his Majesty's Subjects of the said Three Nations, as English Dog, ScoU’s Dog, Tory, Iri/li Dog, Cavalier, and Round-head, and many other opprobrious, scandalous, and disgraceful Terms, to the Breach of his Majesty's Peace, 53c. and by certain Ouar-.rels that may arise by Reason of such ill Language by the several Natives of the said Three Nations, to the endangering the Loss of the Lives of many of his Majesty's good Subjects of the Three Nations, which now are or hereafter shall be remaining, inhabiting, or abiding on this his Majesty's Island of Monfferrai; the Authority aforesaid therefore, taking the fame into their serious Consideration, and being willing, with all Expedition to prevent all the Inconveniences, as Murders, Riots, Routs, Assaults, Batteries, and unlawful Assemblies that may happen in this Island, to the Breach of his Majesty's Peace, and Destruction of his Majesty's good Subjects here likewise, should such Terms of Diflindlion be suffered between the Natives of the Three Kingdoms, do therefore enadl and ordain, and be it hereby enacted and ordained by the Authority aforesaid, That if from and after the First Day of December herein before mentioned, any Person or Persons, Stranger or Inhabitant, Strangers or Inhabitants, of what Quality or Degree soever, shall presume to use, utter, or declare any of the Terms of Diflindlion afore mentioned, or any other scandalous or opprobrious Terms, of, in, or to any of his Majesty's Subject or .Sub-

8

The LAWS of MONTSERRAT.

1658. jetis of the aforesaid Three Kingdoms, or to any other Natives living un-

tier his Majesty's Peace in this liland; he, she, or they lb offending shall

Party-words proceeded against as Violaters and Breakers of his Majesty's Peace in •of Distine- tiffs Island, and Hand to and abide all such Fines, Penal or Corporal Pu-tion. nishments, as shall be imposed and inflicted upon every such Offender or Offenders by the Governor and Council for the Time being, or their Suc-•cellors; but if it shall happen that any Affrays, Murders, Bloodlheds, Riots, Routs, or unlawful AUemblies shall be had, made, or stirred up in this Island, by Reason of any such Word or Words of Diffinfiion before mentioned, or any other, the Person or Persons who shall, by Two credible Witnesses upon Oath, be proved to be the Cause thereof, be proceeded against as a Mutineer or Mutineers, and Perturbators and Diffurbers of his Majesty's Peace, &c. in this his Majesty's Island of MontJ'errat, in such Manner and Form as usually Mutineers are by Law proceeded against; any Law, Usage, or Custom of this Island to the contrary' thereof formerly had, uled, or made, in any wise notwithstanding.

By the Honourable Colonel William Stapleton; Governor of the aforesaid Island, the Council, and Gentlemen of the Assembly, the several Representatives of the several Inhabitants of the said Island:

1670.

17. An Act for ref raining the Liberty of Negroes, and to prevent the running azuay of Christian Servants, &c.

WHEREAS there is a general Complaint in this Island of the Liberty' that Negroes do act’ume unto themselves, in going from one Plantation to another on she Sabbath-day, and on other Day's and Nights, by' Means whereof many of the Inhabitants of the Island aforesaid arff much prejudiced : And whereas many Freemen and Christian Servants are accustomed to combine with Negroes in running away' from the said Island, and the Authority aforesaid taking the fame into Consideration, and that speedy Course may be taken for Prevention of such Abuses; it is therefore enabled and ordained by the Authority aforesaid, and be it hereby' enafft-3-oitering ed and ordained. That lor the future all Owners of Negro or Negroes in or Slaves to^rc- Upon tltis Island, or Overseers or others, that shall have any Hrange Negro or Negroes come unto his or their Plantation, either by Day or by' Night, on Pretence of any lawful Occasions, and any such Negro or Negroes that shall loiter after Notice given unto him, her, or them to repair unto his or their Master, Owner, or Overseer, the Owner or Owners, Overseer or Overseers of any such Plantation, where any such Negro or Negroes, or any other Slave or Slaves shall so loiter, shall forthwith take any such loitering or runaway Slave, and punish him, her, or them, and fend them Home unto the Owners thereof; and all such Negro or Negroes, or Slaves, as shall conceal, harbour, entertain, relieye, or luocour any such Loiterer or Loiterers in his or their Cabbin or Cabbins, shall be by the Owner or Owners, or Overseers of any fu clt Concealer or Concealers, &c. forthwith taken before the next Justice of the Peace in this Island, and there, in the Presence of the said Justice, exercise the Punishment of Forty' Lashes

upon

pair to Matters on the firtt Notice given them.

on Penally of 40 Lashes.

The LAWS of MONTSERRAT.

upon him or them that shall To conceal, &c. any such Negro or Negroes, or ,-

any other Slave or Slaves; and all such Owners or Overseers as shall ne- i6jo. glecl so to do, shall, upon Proof thereof, be lined Five Hundred Pounds ' v" ’ of good Muscovado Sugar, to and for the Use of the Public of the afore- Penally on said island; any Usage or Custom in this Hland to the contrary in any wile Owners Nc-notwithstanding. slo£l-

II. It is allb enacted and ordained by the Authority aforesaid, That penalty on any Freeman that shall combine with any Slave or Slaves to run away in free men or upon the aforesaid Island, or from the same, shall, for every Time so offending, forfeit unto the public Ule of this Island One Thoul’and Pounds of To nm-fVom good Muscovado Sugar, or in lieu thereof serve Twelve Months; and any lhcir Owii-Christian Servant or Servants that shall be guilty of the like Offence, shall cls; double his or their Time or Times that they or any of them shall have to and on serve; and such Servant or Servants, he, Ihe, or the}’, that shall take any Other Way or Ways of running away, shall serve his or their Owner or guiVtyof the Owners for every Day’s Absence Cine Week, and for every ’Week a Month, likeOffence. and for every Month a Year, or suffer such Punishment as shall be by the Direction of any of the Justices of the Peace in this Island inflicted on any such runaway Servant or Servants; any Thing herein contained to the contrary in any wise notwithstanding.

At the Meeting of the Honourable Governor, his Council, and the Speaker to the Gentlemen of the Assembly of the Hland aforesaid, the Fifteenth Day of August, Anno Dom. 1668.

The several Acts hereafter mentioned, referred upon Record, and made before the late War in and for the Good of this Island, being this Day publicly read, are confirmed and allowed of, until the Governor and his Council do further consider the same.

An Act for the Olfervation of the Lord’s Day.

1668.

v° 1.

HERE AS by God’s holy Writ and Ordinance we are commanded to keep holy the Sabbath-day of the Lord, and to abstain from all Labours, PaPcime, and irreverent Actions; be it enacted and established a Law, That no Manner of Person or Persons whatsoever, inhabiting or being upon this Hland, presume, upon any Pretence whatsoever, to violate the Duties of the said Sabbath, by unlawful Gaming, immoderate and uncivil Drinking, irreverent and illegal Association, tumultuous Hubbubs, or any other prophane and illicious Labours of the Week-days, as digging, boughing, baking, crabbing, (hooting, and such like indecent Penalty for Actions, upon Pain that such Person or Persons so offending, and by the Sabbath Church-wardens or Assembly, or any Person presented to the Governor brca ing' and Council, shall suffer such Punishment as shall be thought fit, accord-

C ins

lo

The LAWS of MONTSERRAT.

jr 2.

Merchants to enjoy Free Trade with this Island,

Gfc.

®°7-

The Marshal’s duty*

ing to an Order formerly made by the Governor and Council, Anno 1638, which is to pay One Thousand Pounds of Tobacco Fine, provided A£is of Necessity, and made apparent at the next Court, to be at the Censure of the Governor and Council, &c.

An AEh of free Trade for Merchants and Traders, reserving to the Governor Four and Twenty Hours for his Particular with the Inhabitants; and for preventing the Fraud in Quality or Quantity of Weights and Measures.

T T is accorded and thought fit to be established an Act, That all Merchants and Dealers in future with this Island, may have and enjoy from Time to Time the Liberty of free Trade, reserving to the Governor the Privilege of Twenty Four Hours for his Particular with the Inhabitants, and that they make Choice of what Place or House they please for their Storehouse to put their Goods in, and after landing to shew their Goods to the Talkers hereafter mentioned, their Weights and Measures, to prevent Fraud in the Quality or Quantity of either, and that the Tobacco be paid to the said Merchants, as the Parties can agree, so it be near the Sea Side, and to receive their Tobacco in Roll or Ball, if they please, and with no Allowance of Upmaking, &c.

An Act for the MarshaVs attending the Governor once in every Four and Twenty Hours, &c.

THAT the Marshal for the Time being attend the Duties of his Place, viz. once in Four and Twenty Hours to attend the Governor, and know his Pleasure; and likewise to repair to the Office to know what Order may be there for him to do, either for any particular Inhabitant, or summoning of Persons to Actions within the accustomed Time of Three Days before each Court, if the Plaintiff have not a Ticket ad compentS from the Secretary, and serve the fame himself; and also in giving particular Notice to all the Council to meet where and when the said Governor shall please to order and appoint; and also to use Prisoners, and such as may be committed to his Charge, honestly, respectfully, and peaceably, they there behaving themselves civilly; and also when Shipping may or shall come to the Island, to attend where the Merchant may or shall come on Shore, or any other Person of Quality, or pertaining to the Ship, and them respectively to request to attend the Governor, and go with him to the Governor, &c.

An

The LAWS of MONTSERRAT.

An Act against going through Fields of Cane.

Pipes, See.

11

WHEREAS great Damage and Mischief hath heretofore happened, and daily much more is like to ensue (if not timely and speedily prevented) by the unfufferable Boldness both of Slaves and Christians, in / passing through Fields of Canes where are no common”Paths, both in the Day-time with lighted Pipes of Tobacco, or Sticks of Fire in their Hands, but especially in the Night-time with kindled Torches, going a crabbing, whereby the whole Fields of Canes are in Danger to be fired, perhaps to the utter Ruin of the Owners; therefore to avoid such future Ineon-veniencies which may happen by Reason of licentious Liberties, upon mature and serious Consideration of the Premisses, it is agreed to be enacted and established as a Law, and be it therefore enacted, <S3c. That Penalty on any Person or Persons whatsoever upon this Island, that shall from hence-forth usually pass through any Field of Canes where there is no common Cane-ficids Path, be it to his own House or elsewhere, shall for every such Offence be 'vi|h liable to the Censure of the Governor and Council; but if any Master, ’8 u’ Servant, or Slave, shall go into any Field of Canes, either by Day or Night, with any Fire-light, either a crabbing or otherwise, though no Hurt be done to the Canes by the Fire, yet notwithstanding, for his or their Contempt in the Breach of the Act, shall be liable to the Censure as aforesaid; but if the Canes shall happen to be set on Fire by any Master of a Family, Servant, or Slave that shall do it by the Act, Procurement, or Consent of the Master, then the Master of such Servant or Slave shall make full Satisfaction to the Owner for the Trespass done, if his Ellate both personal and real will amount to it, otherwise to be liable to the Censure of the Governor and Council; but if any Slave shall so offend of his own Accord, and be either taken in the Act, or sufficient Proof or Evidence be brought against him, shall be liable to such Punishment as the Governor and Council shall censure, provided it shall not be prejudiced to Life or Limb. Lastly, If any Master, Servant, or Slave, come to gather any Cane-tops in any Field without the Master’s Consent that owneth the said Canes, shall for every such Offence be liable to the Censure of the Governor and Council, &c.

By the Honourable Colonel Edmond Stapleton, Governor of the Island aforesaid, the Council, and Gentlemen of the Assembly, the several Representatives of the Inhabitants of the Island aforesaid:

1S78.

An Act about contracting Marriages; and the Governor, Secre- 29* tary, and Marshal to be free from all Taxes.

WHEREAS the Authority aforesaid have taken into their serious Consideration the great Scarcity of Ministers, and that there hath been formerly an Act made to prevent the manifold Sins of Incontinency,

which

12

The LAWS of MONTSERRAT.

which mult of Necessity ensue, if'Course had not been taken to have rc-

, t medied the fame; and for the avoiding of any Debates that might happen

"v' by any Persons joined together in the holy Estate of Matrimony, by the respective Justices of the Peace in the said Act appointed and authorized, and that their Issue may not be counted or deemed in Law illegitimate; and for the Safety and Peace of this Island, it is therefore enacted and ordained, Marryincrb anc^ ^lcreky enacted and ordained by the Authority aforesaid, That Juaiccslaw- Manner of Persons, of what Degree or Quality soever, joined together *ul- in the holy Estate of Matrimony in this Island, before the Publication

hereof, by the respective Justices of the Peace, as by a former Act expressed and appointed, all and every such Marriage shall be deemed and accounted lawful, and their Children legitimate, and capable to receive all such Privileges as are usually appertaining to Children lawfully begotten; any Law, Ufa go, or CufLom in this Island to the contrary in any wise notwithstanding.

II. Whereas the Council and Representatives of the island aforesaid, have considered the great Charge and Trouble that daily attend the Governor, Secretary, and Marshal of this Island, to manage the Affairs thereof, for the Good and Well-being of the Inhabitants of this Island, therefore the Council and Reprefefttatives aforesaid do delire that the Governor, Secretary, and Marshal of this Island be free from all Taxes and Iinpofi-tions, either in their personal or real Estates on this Island, and that it be enabled to that Purpose; it is therefore enabled and ordained, and be it hereby enacted and ordained by the Governor and his Council, and Gentlemen of the Assembly of this Island, and by Authority of the same. Governor, That from and after the Publication of this Act, the Governor, Secretary, i3c. freed ’ and Marshal of this Island for the Time being, or hereafter, fit all be wholly from Taxes. ang absolutely exempted from all Taxes or Impositions which may hereafter become due upon either of their personal or real Estates in this Island; any Law, Usage, or Custom in this Island to the contrary in any wise notwithstanding.

By the Honourable Colonel James Cotten, Governor of the Island aforesaid, the Council and Gentlemen of the Assembly, the several Representatives of this Island:

1680.

33-

An Act for the making Rejlitulion for Cattle stolen by Negroes; and Licences for Tap-houses in Town and Country.

WHEREAS the Authority aforesaid have taken into their serious Consideration the general Complaint of the Inhabitants again!! the Insolencies, Robberies, and Thefts of the Negroes and Slaves of this IfJand, which, if not timely prevented, may prove very prejudicial to the Inhabitants of the fame; it is therefore enacted and ordained, and be it hereby enacted and ordained by the Authority aforesaid, That from and after the Owners°n Publication of this Act, the Owner or Owners of any Negro or Negroes, whoseSiavcs Slave or Slaves, upon sufficient Evidence, shall pay unto the Owner or areconvifted Owners; that is to say,

o leving. For every Cow stolen. by his, her, or their Negroes or Slaves, within Ten Days after such Evidence, the Sum of Eight Hundred Pounds of Sugar.

For

13

The LA fTS of MONTSERRAT.

For every Beast fit for-drawing in the Mill or Cart, One Thousand Pounds of Sugar.

For every Asti-Negro, Four Hundred Pounds of Sugar.

For every Horle or Mare, Two Thousand Pounds of Sugar.

For a Calf Six Months old. Two Hundred Pounds of Sugar; if under; but Twenty Pounds of Sugar.

For Hogs, Goats, or Turkies, the Owner or Owners of such Negro or Negroes, Slave or Slaves, shall upon sufficient Testimony of such Theft or Robbery committed by his Slave or Slaves, restore the fame Value in Quality, and the Slave or Slaves so offending immediately to be brought before the next Justice of the Peace, and publicly whipt; any Usage, Law, or Custom in this Island heretofore had or made to the contrary in any wise notwithstanding.

II. It is further enacted and ordained by the Authority aforesaid, That after Publication of this Act, all Persons whatsoever, keeping a House of Entertainment, or Tap house, in either of the Towns, or within half a Mile of the Towns appointed, shall yearly, and every Year, pay unto the Treasurer of this Island, for his Majestys Use, towards the repairing of the Forts of this Island, Two Thousand Pounds of Sugar; and for all others that follow the fame Employment, One Thousand Two Hundred Pounds of Sugar; any Law, Usage, or Custom heretofore had or made in this Island to the contrary in any wise notwithstanding.

__s-___

1680.

Slaves Punishment.

Persons keeping Tap-houses, Sc. to pay 2.000lb. of Sugar annually.

At the Court at Kensington, the 31st of December, 1696.

PRESENT

The King’s Most Excellent Majesty in Councils

Thomas Lord Archbishop

of Canterbury,

Lord Keeper*

Lord Steward,

Lord Chamberlain,

Earl of Bridgewater,

Earl of Stanford,

Earl of Portland,

WHEREAS his Maji Royal Commission, I

Earl of Monmouth,

Lord Viscount Durjley, Lord Cornwallis,

Lord Coningjbey

Mr. Secretary Trumbidf Mr. Chancellor of the Exchequer,

Lord Chief Justice Holt.

fly has been pleased by his taring Date the Six and, ) Twentieth

14

The LAWS of MONTSERRAT.

Tzoentieth Day of 0£tober, One Thou find Six Hundred Eighty Nine, in the first Year of his Reign, to authorize the Governor, Councils, and Assemblies of their Mayflies Leeward Charibbee Ifands in America, jointly and severally to make, constitute, and ordain Lazos, Statutes, and Ordinances, for the public Peace,Welfare, and good Government of the said Ifands; zohich said Lazos, tutes, and Ordinances, are to be, as near as conveniently may be, agreeable to the Lazos and Statutes of this Kingdom, and to be transmitted to his Majesty for his Royal Approbation or Disallowance of them; and the Council of Trade having pjenfed and confclcred certain Lazos passed in the General Assembly of his Majesty's If and of Montserrat in the Words following:

A---1

93- By his Excellency Christopher Codrington, Esquire, Captain-General, and Commander in Chief in and over their Majesties Leeward Charibbee Islands in America, the Honourable the President, the Council, and Assembly, the several Representatives of the said Island:

35- An Act for preventing Abuses that arise by Persons going on board Vessels before the NLafter hath made his Appearance to the Governor; and for the better ordering Boats and Wherries.

AND forasmuch as divers Inconveniencies happen by the disorderly going on board Ships and other Vessels before the Matter hath been on Shore with the Governorcor Commander in Chief' as well in the Mitt-carriage of Letters, as the ingrossing the most useful Commodities j we pray their Most Excellent Majesties it may be enabled and ordained, and it is Penalty for hereby ordered, enabled, and ordained by the Authority aforesaid, That no board any Person whatsoever, without the Leave or Permiftton of the Governor or Vessel with- Chief Commander for the Time being of the said Hland, shall p re fume to the Gcfver- §° on b°arc* a?y Ship or Vessel at her entering into Harbour, until the nor; Marshal or his Deputy have first been on board with the Matter, and

or within 48 have brought him on Shore to the President or Governor in Chief, or th^MaftlT/ within Forty Eight Hours after the said Matter hath so made his Appear-hasbeen ance, under the Penalty of Five Hundred Pounds of Sugar; to be re-vemon'00" covered by Conviction of one Witness, by Warrant of Distress from any Justice of the Peace, directed to the Marshal, his Deputy, of Constable, to

*5

The LAWS of MONTSERRAT.

levy the said Sum or Quantity of Sugar upon the Delinquent’s Goods and

Chattels, who, by Virtue thereof, shall expose the same to Sale, returning the Overplus (if any be), and for Want of such Distress, to take the Defen- v dant’s Body into Custody, and to carry and convey to the common Gaol of this Island, there to remain for Six Months, or until he or they have satisfied the said Fine, or Debt, with Charges, the one Half to the Informer, the other to their Majesties, their Heirs and Successors, for and towards the Support of the Government of this Island, and the contingent Charges thereof: Provided that all such Persons so offending be first summoned Proviso before such Justice of the Peace to answer all such Matters as shall be objected touching the Premifics; and in Case of Non-Appearance to issue out a Warrant of Contempt, directed to the Constable to bring the Contemner before him to answer the Contempt, who may, if he fee Cause, fine the Contemner; provided the said Fine exceed not One Hundred Pounds of Sugar; to be levied, as aforesaid, for the Use of their Majesties Island as aforesaid,

II. And be it further enacted by the Authority aforesaid, That no penaitJ,on Matter, Merchant, FaCor, or other Person whatsoever, presume'to treat, agreeing for grant, or obtain a Promise for Merchandize or Commodity to the Value -';I7ercI1ian“ of Ten Shillings, or Quantity of Tonnage or Freight, until the Matter Freight, be-hath been with the Governor or Chief Commander of this Island, or forcthcMai-some other Officer as he shall appoint, under the Penalty of Ten Thousand wHhTh'r2" Pounds of Sugar on each Person that shall so treat, grant, or obtain a Governor. Promise, as aforesaid; any Custom or Usage to the contrary heretofore notwithstanding; the same to be one Half to their Majesties, their Heirs and Successors, for and towards the Support of the Government of this Island, the other Half to the Informer; to be recovered by Bill, Plaint, or Information in any Court of Record within this Island.

III. And whereas, through Negligence in securing Boats, Wherries,

Canoes, and other small Vessels, several Persons have stole or run off, to the great Prejudice of the Inhabitants of this Island; be it further enacted and ordained by the Authority aforesaid, That all Owners of Boats, Boats, &c. Wherries, or Canoes, every Night chain or lock every of them to some to be Tree or firm Pott, or bring them close up under Guard or Fort; and also cveiy 18 take away the Oars, Sails, and Rudders, and secure them in some safe Place, under Lock and Key, or deliver them nightly to the Guard where the said Vessel shall be lodged; and whatsoever Owner or Employer of any Boats, Wherries, or Canoes, shall offend in the foregoing Clause, shall forfeit for every such Offence Two Thousand Pounds of Sugar, to be recovered and disposed of as aforesaid.

IV. And it is further enacted, and declared by the Authority aforesaid, That any Person or Persons who shall hereafter be indicted or Boat-ftcalers impleaded, for the stealing or feloniously taking of any Shallop, Boat, of Fc' Wherry, Canoe, Logge, or other Vessel from any Part of this Island, or shall be consenting, aiding, or assisting to the doing of the fame, and shall be thereof convicted according to Law, shall be adjudged guilty of Felony.

V. And it is further enabled and declared, That if the Intention, Con- Penalty on trivance, or Coinplotting of any Person w7ith others to {leal away any |rivin"Sto°n" Shallop, Canoe, Boat, Wherry, or other Vessel, shall evidently appear, by steal Boat, sufficient Proof, or their own Confession, the Offender or Offenders, if£?<’-

free shall be condemned by Justice in Sessions to pay the Sum of Two Thousand Pounds of Sugar to their Majesties, their Heirs and Successors, for and towards the Support of the Government of this Island, and the contingent Charges thereof; and if the said Person so found guilty shall not presently pay the said Sum of Two Thousand Pounds of Sugar,

---

16 The LAWS of MONTSERRAT. 1693

or give Security for the same, the Justice in Session shall presently for the Payment thereof expose the Offenders to public Sale for the Payment thereof not exceeding the Term of Four Years; but if the said Person or Persons so offending shall be Servants, then he or they shall be ordered by the Justice in Session to be whipt, not exceeding Thirty Nine Lashes on the bare Back, in some public Place of the said Island; and also that he or they so offending, shall, after their Time expired by Indenture, Custom, or Covenant with his or their Master, Mistress, or Employer, be sold by the Justice in Session for Four Years, and the Money that he be sold for shall be to their Majesties, their Heirs and Successors, for and towards the Support of the Government of this Island.

By his Excellency Christopher Codrington, Esquire, Captain-General and Governor in Chief in and over their Majesties Charibbee Elands in America, and the Honourable the Lieutenant-Governor, Council, and Assembly, the several Representatives for the Island of Montserrat, &c,

N° 36. An Act to restrain the Insolence of Slaves, and for preventing them from committing any Outrages, as also the better ordering such Slaves, &c.

WHEREAS it is notorious, that the Negroes not only commit grievous Outrages upon the Inhabitants by stealing and carrying away their Cattle, and other Stock raised for their Subsistence, but are likewise in many Places of this Island got together in such Numbers as to threaten the Disturbance of the Peace and Quiet of the same; we therefore pray their Majesties that it may be enacted, and it is hereby enacted by the Authority aforesaid,

[Negroes stealing to the Value of 12d. to suffer Death:]

That henceforward, where any Negro shall be taken stealing or carrying away Stock, Cattle, or Provision amounting, to the Value of Twelve Pence, such Negro or Negroes taken therein, shall, upon due Proof thereof before the Governor and Council, suffer such Death as they shall think fit to award;

[Or under that Value, Whipping.]

and when any Negro shall have any Theft proved against him, and the Value not amounting to Twelve Pence current Money of this Island, that then, and in such Cases, such Negro shall only suffer a severe Whipping, and have both his Ears cut off for the first Time,

[Second Offence, Death. (This Sum is altered by a subsequent Act passed in 1714-15.)]

but for the second Offence in the like Nature shall suffer Death in the Form aforesaid, the Public paying the Owner for every Negro put to Death the Sum of Three Thousand Five Hundred Pounds of Muscovado Sugar.

II. And forasmuch, through the Negroes Healing and destroying poor Peoples Provisions, they are quite discouraged from planting what they expect not to reap, be it moreover enabled and provided,

[Negroes may be shot stealing Provisions above 40 Foot from the Path.]

That it shall and may be lawful for any Person to shoot at, and if possible to kill any Negro he shall find digging out, drawing, or stealing his Provision, provided such Provision be not within Forty Foot of the common Path, and

The LAWS of MONTSERRAT. 17. 1693.

that the Party so killing the Negro hath not, in the Hearing of others, expressed either Hatred or Malice against the Owner of such Negro, for in either Cases the Owner of such shall recover Damages to the full Value of any who shall so kill their Negro.

III. And since by the often and frequent Meeting of the Negroes on the Lord’s Day, most of the Mischiefs which happen are then by them plotted and contrived; and seeing Masters, Mistresses, and Overseers are very negligent in their several Plantations, be it therefore further enacted and ordained,

[No Negroes to leave their Plantations on a Sunday without a Ticket.]

That no Person whatsoever, being Owners or Overseers, give Leave to any Negro Slave under their Ownership or Charge, to depart or leave their Plantations on the Sunday without a Ticket, expressing his or their Business, and whither going, upon Penalty of Three Hundred Pounds of Sugar, and having their Negroes severally whipped by the Owner or Owners of such Plantations where they shall be found or taken without a Ticket;

[Penalty on not enforcing this Law.]

and any Owner of a Plantation or Overseer, who shall neglect to punish as aforesaid any Negro without a Ticket being found in his Plantation, or under his Care or Charge, shall forfeit the Sum of Three Hundred Pounds of Sugar.

IV. And it is further provided by the Authority aforesaid, That once in every Month, every Master, Mistress, or Overseer of a Family shall throughout all his Negro Houses make diligent Search for, and seize upon all Slaves Clubs or mischievous Weapons they shall there find, as also all stolen Goods and Commodities as shall be found, if of any Value, shall publish the same, describing the Quantity and Quality thereof, that thereby the Owners may be the better able to claim it in Order, and upon full Proof Negroes made it was their’s, it may be restored them;

[Negroes stealing Flesh, to be whipped, and lose an Ear.]

and for Flesh of any Sort that shall be found, the Negro in whose House it was taken, unless he or she can make it plainly appear they came by it honestly, shall undergo a Whipping, and have one of their Ears cut off.

[Proviso.]

V. Provided always, and be it further enacted, That where there are more in Number than one Slave concerned in any heinous or grievous Crimes, as Burglary, Robbery, burning of Houses or Canes, killing or stealing any Manner or Kind of Cattle or Stock, only one of them shall suffer Death, who shall appear to be the greatest Criminal.

[Penalty on not raising the Posse to quell Negroes.]

VI. And it is further enacted and provided by the Authority aforesaid, That all Commission Officers within this Island are hereby impowered and required, upon Notice by any one to them given, of any Number of Negroes got together, and the Place where, immediately upon the same to raise a sufficient Number of Men, and with them to pursue, apprehend, and take such Negroes either alive or dead: And whatsoever Commission Officer shall neglect, or other Person refuse to be aiding and assisting herein, shall forfeit the Sum of Two Thousand Pounds of Sugar.

VII. And whereas some Masters and Mistresses, or Overseers of Plantations, are so careless as not to put in a Competency of Provision for their Slaves, whereby they are often forced to run away, or at least to commit Thefts and Robberies upon their Neighbours; be it further enacted, and it is hereby provided,

[Penalty on not planting sufficient to maintain Negroes.]

That all Masters, Mistresses, and Overseers of any Plantations within this Island, at all Times after the Expiration of Ten Months ensuing the Publication hereof, shall have and always keep for every Eight Negroes one Acre of Ground well planted in Provisions, and so proportionably for a greater or lesser Number, which whosoever shall neglect after the Ten Months ended, that then at the End of every Six Months for every Acre so wanting shall forfeit the Sum of One Thousand Pounds of Sugar.

[Penalty on Slaves fighting.]

VIII. And it is moreover provided and enacted, That where Two Slaves shall fall out and fight, and one maim or kill the other, it shall lie

18 The LAWS of MONTSERRAT. 1693.

at the Person’s Discretion, whose Negro shall be either maimed or killed, whether for the first Offence the Negro who committed the same shall suffer Whipping, or for the latter Death, or to receive such Satisfaction of the Owner of such Negro as the Governor and his Council shall adjudge sufficient.

[Penalty for attempting to steal any Vessel, &c.]

IX. And be it further enacted by the Authority aforesaid, That where any Person shall attempt to steal or take off this Island, in any Ship, Boat, Sloop, Canoe, Bark, Logg, or other Vessel, any Negro or Negroes, shall for offering the same, forfeit Five Thousand Pounds of Sugar, or lie in close Prison for the Space of Six Months;

[or carrying off Negroes.]

and whatsoever Person or Persons shall steal and carry off from this Island any Negro or Negroes in any such Vessel or Vessels, as aforesaid, shall and are hereby esteemed and adjudged guilty of Felony, and shall not have the Benefit of their Clergy.

[Reward for taking runaway Slaves.]

X. And be it further enacted by the Authority aforesaid, That where any White shall take a Slave, and bring him in dead or alive; if alive, shall have paid him by the Owner of such Negro or Slave the Sum of Five Hundred Pounds of Muscovado Sugar; where dead, the same Sum out of the Public Stock of this Island; and where any Slave shall take a Runaway, such Negro Slave shall have Three Hundred Pounds of Sugar, either by the Owner or Public, as aforesaid.

[Power to search Plantations for stolen Goods.]

XI. And be it moreover enacted, That any Person upon Loss of any Cattle, Stock, or other Provision, may immediately, without going to a Justice of Peace, or requiring a Warrant, repair to any Plantation or Plantations whereof he shall have Suspicion, and there, taking the Masters, Mistresses, or Overseers of the same along with him, shall have full Power to search all and singular the Negro Houses, or other Houses belonging to such Plantation or Plantations, and if need be break open any thereof; and any Master, Mistress, or Overseer of a Plantation, who shall make any Resistance, or obstruct them therein, shall pay to the Party who hath sustained any Loss, double the Value thereof.

XII. And inasmuch as there are several Fines, Forfeitures, and Penalties before mentioned in this Act, and not declared where they shall be recovered, and how disposed of, be it further enacted by the Authority aforesaid,

[Disposition of Fines.]

That one Moiety be to their Majesties, their Heirs and Successors, for and towards the Support of the Government of this Island, and the contingent Charges thereof, and the other to the Informer; to be recovered by Action of Debt in any Court of Record within this Island, by Bill, Plaint, or otherwise, wherein no Essoign, Protection, or Wager of Law shall be allowed; any Law, Custom, or Usage to the contrary in any wise notwithstanding.

[Slaves taken after three Months Absence to suffer Death, and paid for out of the public Stock.]

XIII. And be it further provided and enacted, That any Negro or Slave within this Island that shall absent themselves from their Masters or Mistresses Service for the Space of Three Months, and afterwards taken and convicted thereof, shall suffer Death as a Felon; any Law, Usage, or Custom to the contrary notwithstanding; the Owner of the said Negro to be allowed him out of the public Stock of this Island Three Thousand Five Hundred Pounds of Sugar, as is before provided in this Act.

The LAWS of MONTSERRAT. 19 1693.

By his Excellency Christopher Codrington, Esquire, Captain-general, and Governor in Chief in and over their Majesties Leeward Charibbee Islands in America, the Honourable the President and Council, the Gentlemen of the Assembly, the several Representatives of the said Island:

N° 37. An Act for the encouraging the Importation of white Servants.

---

FORASMUCH as this Island hath by the last Expedition, Sickness, and other Casualties, sustained great Loss in the Deaths of white Men, to the great Weakening of the fame; and whereas no fitter Expedient can be proposed than encouraging the Importation of white Servants, for the Strengthening and better Defence of their Majesties Island, (especially in this hazardous Time of War with the French) and to the Intent also that all due Encouragement may be given Merchants, Masters, and Employers of white Servants to bring the fame, and may not be discouraged, and their Servants lie upon their Elands for Want of Buyers, we pray their Most Excellent Majesties that it may be enacted and ordained, and it is hereby enacted and ordained by the Authority aforesaid, That all Merchants, Masters, and Employers of white Servants flrall have Reward for paid them out of the public Stock of this Island, within One Month, for each able English, Scotch, or Welsh Man, above the Age of Sixteen, vants. and under the Age of Forty Years, which shall be landed or delivered on Shore to the Marshal, or other Person appointed for the receiving of them, the Quantity or Sum of Two Thousand Five Hundred Pounds of good merchantable Miifcovcido Sugar, at some convenient Shipping-place in this Island. Provided that the said Servants be by Indenture, Contrast, or otherwise compelled or obliged to serve the full Term of Four Years, from and after the Day of his Arrival in this Island.

II. And be it further enacted, That whatsoever Master or Commander |Rcwar.d fov of any Ship or Vessel shall bring in or import to this Island to the Number ao^hite6 of Twenty white Male-Servants at one Time, and due Proof' upon Oath MaieSer-being made thereof before the naval Officer, who is hereby impowered to vants‘ administer the same, shall for that Voyage be altogether freed and exempted from paying any Port-charges for the said Ship or Vessel wherein the said Servants shall be imported; any other Custom or Law notwithstanding.

III. And be it further enacted, That the Governor for the Time being, White Ser. with Two of the Council, and Two of the Assembly of this Island, are and ^"ofedof shall be hereby authorized to fell, fend, or place One, Two, or more Ser- as the Go-vants so imported to any Plantation or Plantations within this said Island, where white Servants are wanting, or where they shall see meet and con- p,-oper'in venient for the necessary Defence of the fame; and that all Masters, Mistresses, chief Occupiers or Overseers of such Plantation or Plantations shall be, and are hereby obliged to receive them, he, she, or they paying within one Month after Receipt of the said Servants, the Sum of Two Thousand Five Hundred Pounds of Sugar per Head, as aforesaid.

How to recover the Money due

for white Servants*

Money may be levied on Overseers, for white Servants.

Slaves not to be employed in Trades.

FWc No# 35.

Proviso,

Price of Servants regulated.

Penalty on trading with Servants or Slaves.

20 The LAWS of MONTSERRAT. 1693

IV. And be it further enacted by the Authority aforesaid, That any Debt or Debts contrabled, arising or accruing due from any Perl'ou or Persons whatsoever, for such Servant or Servants sold or disposed of within this Island in Manner aforesaid, shall or may be recovered by Warrant of Distress from any Justice of Peace, directed to the Marshal, Deputy, or Constable, to levy the said Debt or Debts on the Party’s Goods and Chattels, to whom the said Servant or Servants shall be 1'old, sent, or placed, as aforesaid, who by Virtue thereof shall expose the same to Sale, returning the Overplus, if any be, to the Owners.

V. And forasmuch as there are several Plantations in this Island whole Owners or PoflelTors employ Attornies or Overseers to manage them, who reap no other Benefit by the said Plantation than their yearly Salaries or Wages; we pray that it may be enacted and ordained. That if such Persons as are hereby impowered to sell or dispose of imported Servants in Manner as aforesaid, shall think fit to fend any Servant or Servants to such Plantations, that then it shall and may be lawful, on the said Attornies or Overseers their Refusal to pay for any Servant so sent or placed, to distrain the Goods and Chattels belonging to such Plantation or Plantations in Manner and Form aforesaid, and the fame so distrained to dispose of in Manner as aforesaid, rendering the Overplus, if any be, to the said Attornies or Overseers.

VI. It is hereby enabled by the Authority aforesaid, That within Six Months after the Import of Two Hundred white Male-Servants, no Person or Persons whatsoever, employing themselves or Slaves in the Exercises of Coopers, Smiths, Taylors, Carpenters, Sawyers, Masons, or Shinglers, within this Island, shall use any Negro, Slave or Slaves, in the said Trades or Occupations, under the Penalty of Four Thousand Pounds of Sugar, to be recovered by Warrant from any Justice of Peace, in Manner as is directed in an Act, intituled, An Act for preventing Abiifes that arise by Persons going aboard before the Master hath made his Appearance to the Governor, and for the better ordering Boats and Wherries. Provided also, That nothing herein be construed to prohibit any Master or Owner of any Sugar Work within this Island from making Calk at their respective Plantations; any Thing in this Act to the contrary not-withstanaing.

VII. And inasmuch as there is great Difference in the Value and Worth of Servants, yet by this Act no Regard is had thereto, left it may discourage the Importation of them, contrary to the Intent and Meaning hereof, be it further enacted by the Authority aforesaid, That it shall be in the Power and lie in the Breast of such Persons as are hereby authorized to sell and dispose of the Servants aforesaid, to advance on the Value of the belt and most able Servants, and to mitigate and abate in the said Value of Two Thousand Five Hundred Pounds of Sugar hereby set upon them, so much as they shall judge any Servant, through Impotency or Sickness, to fall short of the Price hereby allowed, that Equality may be extended to all.

VIII. And inasmuch as several evil Members in this Island do enveigle and entice Servants and Slaves before they are acquainted with the Laws and Customs of this Island, to squander away, embezzle, or consume their Masters, Mistresses, or Employers Goods, be it enacted by the Authority aforesaid, That no Person or Persons presume to trade or deal with any white. Servant, Negro, or Slave whatsoever, without their Masters or Mistresses Consent, or Certificate under their Hands to that Purpose, on the Penalty of forfeiting to the Master or Mistress of such Servant, Negro, or Slave, treble the Value of the Things traded for, bought, or fold, and also One Thousand Five Hundred Pounds of Sugar, to Be recovered

21 The LAWS of MONTSERRAT.

by such Master or Miiftrefs, by Act ion of Debt in any Court of Record

in this Island; and in Case of the said Person’s Non-ability, to be punished by Corporal Punishment at the Discretion of the next Justice of the 7 Peace; and all Contracts made with Servants, Negroes, or Slaves, to be utterly void.

By his Excellency Christopher Codrington, Esquire, Captain-general, and Governor in Chief in and over their Majesties Leezjoard Ckaribbce Islands in America, the Honourable the President and Council, the Gentlemen of the Assembly, the several Representatives of the said Island:

An Act for settling the Militia of this Island.

ar 38-

WHEREAS the continual Danger this Island is in of being attacked or surprized by Enemies, Privateers, or Pirates, (more especially during this present War with the French King, whole Island being the nearest Neighbours, causes it to be so much the more perilous) requires that a more particular Care be taken for it’s Defence, which cannot reasonably be hoped will be efTefted, except the Inhabitants be always provided with good Arms, and duly trained and exercised in the Art Military; we therefore pray their Most Excellent Majesties that it may be enacted, and it is hereby enabled and ordained by his Excellency the General, the Council, and Assembly of this Island, That no Person whatsoever, from the Age of Fifteen to Sixty Years, shall remain unlisted by themselves. Matters, Mistresses, or Employers, under the Captains of the respective Places of their Abode, in Foot or Horse, the Space of Six Weeks, on Penalty of Three Hundred Pounds of Sugar, and so for every Six Weeks such Persons shall remain unlisted: And that every Foot Ilov.-Soi-Soldier shall be provided with a well fixed Musket or Fuzee, and a good [^'armcii'0 Sword, a Cartouch Box, and Six Charges of Powder and Ball, and so &c.

shall appear when and where appointed by his superior Officer, upon Penalty of Fifty Pounds of Sugar for his Default, or his not appearing, and Twenty Five Pounds of Sugar for Want of either Gun, Sword, Cartouch Box, Powder, or Ball; and that every Soldier belonging to the Horse shall, when and where commanded by their superior Officer, appear and be provided with a good Horse, Saddle with Holfters, Breast-plate, and Crupper, a Cafe of good Pistols, a Sword, Carbine, or Fuzee, and half a Pound of Powder and Ball, proportionally for Pistols, Carbine, or Fuzee, on Penalty of Fifty Pounds of Sugar on each Time of Absence, and Twenty Five Pounds of Sugar for Default, or Want of each of the foregoing Particulars; and that every Foot Soldier shall always have at his Habitation, or usual Place of Abode, One Pound of good Powder, and Three Pounds of Bullets, sizeable to the Gun he bears; and every Trooper shall have at his Habitation, or usual Place of Abode, Two Pounds of good Powder, and Six Pounds of Bullets, sizeable to his Pistols,

22 The LAWS of MONTSERRAT.

Manner of

providing

Arras.

Discharge for Persons removing their Habitations.

Penalty on Officers Rc-fufal.

Officers'to search for Defaulters every 3 Months.

Penalty for Officers making Default.

Servants im-bczzling Arms, S?c. to be whipped.

Carbine, or Fuzee, and upon any special Order from his superior Officer, shall bring the lame into the Field, on Penalty of Fifty Pounds of Sugar for Default or Want thereof, and the like Sum for not bringing into the Field when thereunto commanded.

II. And forasmuch as many Persons have and do pretend, that the Reason of their being in Want of Arms is because they are not to be bought, it is the true Intent and Meaning of this Act, That no Person that is not already supplied shall be a Sufferer, or pay the Penalty hereby appointed for Want thereof, but such as shall be informed by their Commander or other superior Officer where such Arms are to be bought; and after such Information given, each and every Person that shall not supply themselves in Ten Days Time, shall be taken and deemed to be Offenders against this Act, and shall pay all Penalties and Forfeitures hereby appointed.

III. And it is further enacted and ordained by the Authority aforesaid, That no Person so liffed, as aforesaid, shall depart thence without a Discharge from the Commander of the Company where he is lifted, on Penalty of Three Hundred Pounds of Sugar; and that no Commander cf any Company refuse, when desired, to give a Discharge in Writing to any Person that is removing his Abode to another Division: And if any Commander, after having Notice from the Party that he is removed, shall deny and delay the giving such Discharge by the Space of One Month after such Information, shall pay the Sum of Six Hundred Pounds of Sugar, the one Moiety or half Part to the Party aggrieved, the other Moiety or half Part to their Majesties, their Heirs and Successors, for the Support of the contingent Charges of this Government.

IV. And it is hereby further enacted and ordained. That the Captain or Commander of each Company shall every Three Months make diligent Search and Enquiry in their several Divisions, that all be duly liffed, armed, and equipped, as by this Act is appointed, and shall cveiy Six Months return to the Lieutenant-Governor of Commander of the Military Forces of this Hand a just and true Account of all such Defaults as shall be found, to the End they may be reformed.

V. And it is further provided. That if the Captain or Commander of a Company shall deny, refuse, or be wilfully negligent therein, and thereof being convicted by a Court-Martial, shall forfeit and pay the Sum of Ten Pounds Sterling to their Majesties, their Heirs and Successors, for and towards the Support of this Government, and the contingent Charges thereof.

VI. Be it hereby further enacted and provided, That if any Person (hat is a Covenant Servant shall incur any the Penal ties by this Act appointed, the Penalty shall be paid by such Master or Mistress of the Servant, except they bring sufficient Proof, to be allowed of by the Captain of the Company, that they have fitted out such Servant as by the Act is appointed, and that the Servant has, through Negligence or Idleness, loft or otherwi conveyed away such Arms and Ammunition as he has been supplied with, and on such Proof, and so allowed of, every such Master or Mistress shall be discharged of the Penalty, and every Servant so offending shall by his Captain be caused to be well whipped on his bare Back at iheHcad of his Company.

VII. And forasmuch as the several Officers are oftentimes negligent of their Duty, which is a very ill Example to the Soldiers they command, and what makes them so is their knowing that their Punishment for such Neglect. is no more than to be cashiered their Command, which perhaps some of them are as willing to quit as to hold; for Prevention thereof for the future, be it enacted and ordained, and it is hereby enacted and ordained

23

The LAWS of MONTSERRAT.

dained by the Authority aforesaid, That all and every Officer that shall be negligent of his Dury, and thereof convicted by a Court-Martial, shall be 1®93‘ liable to such Forfeitures and Penalties, as shall be adjudged and thought office- neg-fit by the said Court-Martial. ]c£ling 1 iis

VIII. And to the End that no Person whom his Excellency the General, or the Commander in Chief for the Time being, shall think fit to Sirt-appoint to bear any Military Office in this Island, shall refuse, or being so Martial, commissionated or appointed shall quit or lay down his Commission, be

it hereby enacted by the Authority aforesaid, That all and every Person Penalties for or Persons so refuling or quitting, shall forfeit the several Sums of Sugar as followeth, (viz.) Every Person appointed a Lieutenant-Colonel, Ten lions. Thousand Pounds of Sugar; every Major, Eight Thousand Pounds of Sugar; every Captain, Six Thousand Pounds of Sugar; every Lieutenant,

Four Thousand Pounds of .Sugar; every Ensign, Three Thousand Pounds of Sugar; and every Serjeant, Two Thousand Pounds of Sugar, to be paid to their Majesties, their Heirs and Successors, towards the Support of this' Government, and the contingent Charges thereof to be levied by Difirefs and Sale of the Offenders Goods and Chattels, and the Overplus (if any be) to be rendered the Owners.

IX. And whereas several of the Inhabitants of this Island, to evade their, being lifted in the Foot, do or pretend they ride in the Troop, but indeed do very little or no Duty in either; for Prevention whereof it is hereby enacted and ordained. That there shall be but one Troop of Horse T° bj *Dut in this Island, and that to contift of Fifty Horse, and no more, besides °xorfe w°P° the usual Officers; and that the Captain of the Troop shall generally lift coniui of 50 those which have the bell Horses, and well accoutred; and after the said officers^5 Fifty Horse are lifted, all other Persons shall lift themselves in the several

Foot Companies of the Division they dwell or abide in, under the Penalties heretofore in this Act appointed for not lifting themselves in Horse or Foot.

X. Provided always, and be it excepted. That it shall and may be Proviso, lawful for the Captain of the Troop, as any of his Troop shall die or go away off the Island, to lift others in their Room.

XI. And whereas (next under God’s Assistance) the maintaining of the respective Guards, and keeping them in good Order, will be the Preservation of this Island, and on the contrary the Neglect thereof is of dangerous Consequence, and yet of late nothing more common than to have them neglected; for the Prevention thereof for the future, be it enacted, and it is hereby enacted and ordained by the Authority aforesaid, That if any Person or Persons duly appointed by his superior Officer to Penalty on be on Guard, shall refuse or neglect the Guard, or being thereon shall be n°s?ca7n» found negligent of his Duty, for the first Offence shall forfeit and pay Duty. 0 Fifty Pounds of Sugar, and thereof being convicted shall again commit the like Offence, shall forfeit and pay One Hundred Pounds of Sugar, and for the third Offence shall be liable to such further Pains and Penalties, as shall be adjudged and thought fit by a Court-Martial, not extending to Life or Limb.

XII. And to the End the Negligence of the Guard may be the better discovered, it is hereby enacted and ordained. That the Captain CaPt?!n of the Troop shall every Night in War Time, and once in Three Rounds!'C Months in Time of Peace, appoint Rounds to ride to all the Guards,

which Round shall be Two of the Troop at least, and shall examine each respective Guard, and if they find any Person that is appointed to guard, absent, or being there neglecting his Duty, they shall inform thereof their superior Officer; and if any one of the Troop shall refuse or neglect to Penalty.

ride

24

1693

[Proviso.]

Guard, to be kept at Eranjby's Bay> &c.

Dispofiiion of the Sol' diers Fines.

Officers Duty in relation to Fines,

Muttering

Times,

when.

The LAWS of MONTSERRAT.

ride the Rounds when he is appointed, or riding the Rounds shall neglect to inform his superior Officer of the Absence or Want of Duty he shall find in the several Guards, shall for the first Offence forfeit and pay the Sum of One Hundred Pounds of Sugar, and Tvo Hundred Pounds of Sugar for every the like Offence by him or them committed.

XIII. Provided always, and be it excepted. That if any Person not appearing to ride the Rounds on his Guard, shall find one sufficient Man to ride the Rounds or Guard in his Place, it shall excuse him from the Penalties by this Act appointed.

XIV. And whereas the several Places of this Island known or called by the Names of Branjby s Bay,' the Old Road, and Carl Bay, being more remote and not so well inhabited as other Parts of the Island, and so more in Danger of being surprized by Pirates or Privateers; it is hereby enacted and ordained by the Authority aforesaid, That there shall be in War Time a Handing Guard kept at each and every of the said Places, which Guard shall be and consist of Four Men at least, and shall be paid by the Treasurer out of the public Treasury of this Island every Quarter; and the Chief Military Officer in each of the said Divisions is hereby impowered to hire and agree with such and so many Persons as are fitting for the said Service, whole Certificate shall from Time to Time be a sufficient Authority for the Treasurer to pay every Man his respective Salary as it becomes due.

XV. And be it further enacted by the Authority aforesaid, That the several Fines and Forfeitures mentioned in this Act, and not declared in what Manner they shall be recovered, and hereby disposed of; that all such as do relate to any Person under the Degree of a Captain shall be to the respective Captains, to defray the Charges of their Companies and Troops, and to be levied before the next Exercising Day by Distress and Sale of the Offender’s Goods by the Captain’s Warrant to the Serjeant or Corporal, and if no Distress be found, the Punishment to be riding the Wooden Horse, or being tied Neck and Heels, not exceeding one Hour, at the Discretion of the Captain; and for all other Penalties by this Act appointed, the same shall be levied by the Distress and Sale of the Offender’s Goods, by Warrant from the Lieutenant-Governor, or Commander of the Military Forces of this Island, to and for their Majesties, their Heirs and Successors, for and towards the Support of the Government of this Island, and the contingent Charges thereof.

XVI. And it is hereby further enacted and ordained by the Authority aforesaid, That every Captain of the Company or Troop shall keep a just Account of all Forfeitures and Penalties he shall recover and receive by Virtue of this Act : and when any one Captain shall receive to the Value of Two Thousand Pounds of Sugar, he shall be obliged to furnish his Company with new Colours and Drums, leading Staff and Halberts, and the Captain of the Troop with new Trumpets and Standard, under the Penalty of Two Thousand Pounds of Sugar, and so for every Six Months the Company or Troop shall remain unprovided, if they are to be bought in the Island; and whatsoever Forfeitures they shall receive more and over and above the said Two Thousand Pounds of Sugar, shall be for to defray other contingent Charges of the Company.

XVII. And it is hereby further enacted and ordained. That once every Month, or oftener, if the Lieutenant-Governor shall give Command, the respective Companies and Troop shall meet at their usual training Place, to be then and there mustered, exercised, and trained in the Art Military.

25 The LAWS of MONTSERRAT.

XVIII. And it is further enacted and ordained by the Authority aforesaid, That during the Time the said Officers and Soldiers are in Arms, 1^93-they shall observe and keep all and every of the Laws and Articles of War,

and give all due Obedience to their respective Officers; which Laws and ^cis unaer" Articles his Excellency the General, with the Advice of a Council of Amis; War, is hereby humbly desired to make and establish; and the Lieutenant-governor is to give out Copies of the said Articles to the respective Captains under his Command, that the fame may be publicly read once

every Six Months unto the Soldiers whilst they are in Arms, that all Per-l'ons may the better know and observe their Duties: And if any of the and off of said Officers or Soldiers shall, when they are out of Arms, endeavour to Duty-take Revenge by Force for any Thing his or their superior Officer shall lawfully do in Pursuance of his or their Duty, and this Act, the said Officers and Soldiers shall be punished for the same as shall be adjudged by a Court-martial, as if the Offence had been done in Time of Service or Exercise, provided the said Punishment do not extend to Life or Limb.

XIX. And be it further enacted by the Authority aforesaid, That once General Or-

every Year, or oftner, if thereunto commanded, each particular Captain the

Stall give in to the Lieutenant-governor, or Commander for the Time being, a fair written Roll of their respective Companies; and if any Person

upon any Invasion, or other public Military Service, be wounded or difa-bled, he shall be cured and maintained out of the public Treasury of this Island; and if any Person whatsoever shall be sued, molested, or impleaded for any Thing lawfully commanded or done in the Execution and Pursuance of this present Act, he shall plead the General Issue, and give this Act in Evidence, and shall thereupon, if found for him, recover Costs of Suit, and treble Damages.

XX. Provided always, and it is hereby further enacted and declared Fr°viro. by the Authority aforesaid, That no Person shall endure the Penalties by

this Act appointed for not lifting himself, except he shall have been warn-, ed or summoned so to do by some Officer of the Divihon where he abodes or resides in; also, that no Gentleman of the Council or Assembly, the Officers of their Majesties Revenue, the Secretary and Marshal of this Hland, or any the Clergy, shall incur the Penalties appointed by this Act, except he or they be a Commission Officer in this Island.

XXI. And for the more convenient making Alarms on the Appearance °|n^'°nns of an Enemy, and to prevent all Disturbance in this Island by false Alarms, or jrms‘ all Persons are hereby to take Notice, that an Alarm shall be caused or

made by firing Two great Guns from either the Fort of KingsaIc, Plymouth, Branfbees Bay, or the Old Road, and within Land, by blowing in a Trunkshell, which every Plantation or Housholder in this Island is hereby obliged to have in each respective Plantation or House, and cause it to be blown in on any Notice of an Alarm, or hearing of it founded from other Plantations, under the Penalty of One hundred Pounds of Sugar for every Month each Plantation or Housholder shall be without a Trunkshell, and the like Sum for not causing it to be blown or founded in, on any Notice of an Alarm, or hearing of it founded from other Plantations; to be recovered by the several Captains in each Division, as by this Act is appointed for not lifting.

XXII. Provided always, That no Person shall be levied or distressed unreasonable upon for more than Two Thousand Pounds of Sugar at any one Time; firing Guns, and that no Person whatsoever flrall heieafter presume to fire any final!