were no taxes.

Money, when wanted for public purposes, was

raised by voluntary subscription.

1695.

By the 7 & 8 W. III. c. 22. "Goods are to be imported and exported from and to the plantations in ships built in England or Ireland, or the said plantations; and navigated with the master and three fourths of the mariners of the said places, on pain of forfeiting ship and goods, &c. And all ships lading or unlading any goods at any of the plantations in America, and the masters and commanders thereof, shall be subject to the same rules, visitations, searches, penalties, and forfeitures as ships and their ladings are liable to in England; and the officers for collecting the customs there, shall have the like powers as the officers of the customs in this kingdom; and persons assisting in concealments shall be subject to the like penalties."

The French colonists of Santa Cruz, under the command of Le Sieur Galifet, joined those at St. Domingo the 2d of February. Previous to their departure from Santa Cruz, instructions had been sent from France to burn all the houses, spoil the harbour, and if any of the inhabitants refused to embark, to use force to oblige them. They had offended the French government by carrying on a contraband trade with the Danes at St. Thomas'. The colony consisted of 147 men, with women and children in proportion, and 623 Negroes.

The Assembly at Barbadoes voted £2000 to the Honourable Francis Russel, their governor, in addition to the £2000 given him the year before.

Admiral de Pointis, commanding the French expedition to Carthagena, passed within sight of Barbadoes. It was thought that the agents of the pirates had shipped off for Madagascar all the gunpowder; for at that time there was not in all the forts upon the island seven rounds of powder.

Francis Russel died, and Francis Bond, the President of the Council, succeeded him as governor of Barbadoes. Under Mr. Bond's administration an act was passed, allowing the solemn affirmation of the Quakers to be accepted, instead of an oath in the usual form.

Commodore Wilmot sailed from Jamaica with 1200 troops,

Jacob's Law Dictionary, Plantations.

Charlevoix, tom. iv. p. 80.

Labat, tom. vii. p. 107.

Coke's West Indies, vol. ii. p. 117.; vol. iii. p. 162. Univ. Hist. vol. xxxvi. pp. 205. 316,

under the command of Colonel Lilliston, to attack the French in San Domingo, and landed them within three leagues of the Cape. The attacks upon the fort failed the first day, but the next night the French blew up the fort, set fire to the town, and marched off in the dark, leaving forty pieces of cannon fit for service. De Graff's wife and two children were taken prisoners.1

Port au Paix was next attacked, and the garrison abandoned the fort in the night, but fell into an ambuscade, and most of them were taken or killed. The victors destroyed the fort, and carried away eighty pieces of cannon. Nothing further was done: the land and sea officers disagreed, and the expedition returned. The Spaniards also who joined the expedition disagreed with the English, and greatly contributed to its failure.

1696.

There was an act passed this year in Jamaica, which enjoined masters to instruct their slaves, and not to "fail to exhort all male and female slaves who may be unbaptised, to receive the sacrament of baptism." There was no penalty for non-compliance.

Though inefficient in this respect, the act is remarkable, as containing the only efficient religious slave-law which can be found it prevents the slave being made a free man by his admission into the Christian church. The first founders of slavery in the West Indies held it to be incompatible with the condition of a Christian man, and such as Pagans or Infidels could alone be lawfully subjected to, and that, consequently, baptism was a virtual enfranchisement. These legislators, therefore, dealt sincerely and efficiently with this subject, when they enacted," that no slave shall be free by becoming Christian."

Lord Coke held the opinion, that Pagans were to be treated as perpetual and irreclaimable enemies.

By the same act, if a slave who had been three years in the island ran away, and continued absent from his master twelve months, he was declared to be rebellious, and transportation to be his punishment.

By sect. 23. directions were given for proceeding against slaves, upon complaints of " felony, burglary, robbery, burning of

Charlevoix, tom. iv. p. 65.

Stephen on West Indian Slavery.

peared to him so gallant, that he judged the Amazon worthy to be his wife. Charlevoix, tom. iv. p. 57.

'He had married her, because one day, when she fancied herself offended by him, she went with a pistol in her hand to reduce him to reason. This action ap

houses or canes, rebellions, conspiracies, or any other capital offence whatsoever."

By sect. 24. "Compassing or imagining the death of a white person," by any slave or slaves, was made punishable with death. But, except in cases of murder, only one of the criminals was to suffer death, as exemplary to the rest.

It will be seen (by the act of 1744) that breaches of this restriction were declared to be and to have been legal.

Sect. 32. had a retrospective action: it enacted, that “if any Negro, or any slave or slaves, before the making of this act, have maliciously given or attempted to give, or shall hereafter maliciously give, or attempt to give, to any person whatsoever, whether free or slave, any manner of poison, although the same. was never taken, or if taken, death did not ensue upon the taking thereof, the said slave or slaves, together with their accessaries, as well before as after the facts (being slaves), shall be guilty of murder, and shall be condemned to suffer death by hanging, burning, or such other ways or means as to the justices and freeholders shall seem convenient."

Stolen goods found in the custody of a slave, such slave, on conviction of receiving, knowing them to have been stolen, to suffer death, transportation, dismembering, or other punishment, at the discretion of two justices and three freeholders.

All masters of slaves to have one acre of ground well planted with provisions for every five slaves, under penalty of forty shillings for every acre deficient.

A slave killing a rebellious slave, or taking him, to receive forty shillings, and a coat with a red cross upon it.

Pregnant convicts to be respited from execution until after delivery.

Nicholas Trott, Esquire, who had succeeded Mr. Jones as governor of New Providence, built a fort at the town of Nassau. Notwithstanding which, Avery the pirate forced the inhabitants to let him have what provisions he wanted; but afterward, Governor Trott so improved the defences of the island, that the French were several times repulsed, and obliged to retire with loss.

1697.

The British Parliament enacted, that private traders should have liberty to trade for slaves upon the coast of Africa; but

Stephen on West Indian Slavery, pp. 287. 320.

Harris's Voyages, vol. ii. p. 285.

Atkins's Voyage to the West Indies, p. 154. Long's Jamaica, vol. i. p. 78.; vol. ii. pp. 485. 490. Jacob's Law Dict. Plantation,

allowed the African Company ten per cent. from them, towards defraying their extraordinary expences.

Sir William Beeston, the principal commissioner of the Viceadmiralty Court at Jamaica, settled the fees:

On the condemnation or acquittal of every vessel, £3 10s.

On the first 100 value of vessel and goods condemned, whether captured from the enemy, or seized for breach of the acts of trade, £3.

And for every other £100 value, 1 per cent.

By 9 & 10 W. III." No governor abroad shall be a factor or agent, under the penalty of £500."

Extract from the "Traité de Paix entre Louis le Quatorzième, Roi de France, et les Seigneurs Etats Generaux des Provinces-Unies de Pais-Bas. Fait à Ryswick, le 20 Septembre, 1697."

"8. Tous les pays, villes, places, terres, forts, isles, et seigneuries, tant au dedans qu'au dehors de l'Europe, qui pourroient avoir été pris et occupés depuis le commencement de la present guerre, seront restitués, de part et d'autre, au même etat, qu'ils etoient pour les fortifications lors de la prise, et quant aux autres edifices, dans l'etat qu'ils se trouveront, sans qu'on puisse y rien detruire n'y deteriorer, sans aussi qu'on puisse pretendre aucun dedommagement pour ce qui auroit pu estre

demoli."

apres

14. Il a été accordé et convenu, qu'arrivant cy-apres quelque interruption d'amitié ou rupture entre la couronne de France et lesdits Seigneurs Etats desdites Provinces-Unies (ce qu'à Dieu ne plaise !) il sera toujours donné neuf mois de temps ladite rupture aux sujets de part et d'autre, pour se retirer avec leurs effets, et les transporter ou bon leur semblera. Ce qu'il leur sera permis de faire, comme aussi de vendre ou transporter leurs biens et meubles en toute liberté, sans qu'on leur puisse donner aucun empêchement, ni proceder pendant lesdit tems de neuf mois à aucune saisie de leurs effets, moins encore à l'arrest de leurs personnes."

Upon the 20th of September, 1697, a treaty of peace between Louis the Fourteenth, King of France, and Charles the Second, King of Spain, was signed at Ryswick. By the 26th article, in case of a rupture between the two powers, the subjects of both parties are to be allowed six months to transport their effects and persons wheresoever they may choose.

The following articles of the treaty "concluded in the royal palace at Ryswick, the 20th day of September, 1697," between

Du Mont, tom. vii. partie 2. pp. 381. 408.

William the Third of England and Louis the Fourteenth of France, are those which relate to the West Indies:

"Article 7. The Most Christian King shall restore to the said King of Great Britain all countries, islands, forts, and colonies, wheresoever situated, which the English did possess before the declaration of this present war: and in like manner, the King of Great Britain shall restore to the Most Christian King all countries, islands, forts, and colonies, wheresoever situated, which the French did possess before the said declaration of war. And this restitution shall be made on both sides within the space of six months, or sooner, if it can be done. And to that end, immediately after the ratification of this treaty, each of the said Kings shall deliver, or cause to be delivered, in his name, for that purpose, all acts of concession, instruments, and necessary orders duly made and in proper form, so that they may have their effect."

Article 10. allows captures to be made after the signing of the treaty, for the space of twelve days, as far as Cape St. Vincent; ten weeks from the said Cape to the Equator; and six months beyond the Line throughout the whole world.

"Article 12. But if (which God forbid !) the differences now composed between the said Kings should at any time be renewed, and break out into open war, the ships, merchandises, and all kind of moveable goods, of either party, which shall be found to be and remain in the ports and dominions of the adverse party, shall not be confiscated or brought under any inconveniency; but the whole space of six months shall be allowed to the subjects of both the said Kings, that they may carry away and transport the foresaid goods, and any thing else that is theirs, whither they shall think fit, without any molestation.

Upon the 12th of January, an action took place twelve leagues to windward of St. Domingo, between the French and Spanish squadrons. The French under M. des Augiers captured Christo," with a vice-admiral on board.

Upon the 21st of April, one of M. de Gennes' squadron arrived at Guadaloupe, and soon afterwards M. de Gennes himself. He had been upon a voyage of discovery to the Straits of Magellan it was the first voyage which the French ever made to those Straits; and although the English, Spaniards, and Dutch had often been there, M. de Gennes could not get through, but gave up the attempt, and made sail for Bahia de Todos los Santos, where he remained four months, and then sailed for Cayenne, from whence he went to cruize off Martinico, and

Charlevoix, tom. iv. pp. 90. 80. 176, 177. Viages al Magallanes, partie 2. p. 274.