the officers of the army, planters, and inhabitants, as by the Governor's best and most equal contrivance might be admitted thereunto, and in that respect might be a kind of representation of the people, yet how that power was executed, does not appear; and in fact the very first Assembly, which was held in the year 1663, made an act declaring all the acts made by the Governor and Council (except such as were particularly confirmed by them) null and void, and added a clause to indemnify persons for having acted under them, and though, by the very next Assembly, the acts of the first Assembly were declared void, yet one of the reasons given is, that as many of them as were needful, had been re-enacted by that second Assembly, some of which acts so re-enacted, are to the same effect with several of D'Oiley's ordi

nances.

As there are those doubts concerning those acts or ordinances in their original, and no complete submission ever yielded to them by the people, so it doth not appear to us that any of them have been acted under, or put in practice since the year 1663, but the entries in the books in your Lordships' office, do in our apprehension, import the contrary. And for these reasons, we are of opinion that they cannot now be considered as subsisting laws, or put in execution.

As to such acts of Assembly as have been made since the year 1682, perpetual in their nature, and confirmed generally by the Crown, which are specified in the schedule marked (C.), we apprehend they will continue in full force after the expiration of the revenue act: and so will also those other acts, not yet approved or disallowed, mentioned in schedule (D.), until His Majesty shall be pleased to declare his disallowance of them, and

then they will cease. These are the only acts of Assembly of the island which, so far as we have been able to be informed, will remain in force after the 1st day of October, 1724.

Such acts of Parliament as have been made in England, to bind the Plantations in general, Jamaica in particular, and also such parts of the common, or statute law of England as have, by long usage, and general acquiescence, been received and acted under there, though without any particular law of the country for that purpose, will (as we humbly conceive) continue of the same force after the first day of October next as they were before.

But we must observe to your Lordships, that we apprehend there may be great difficulties in putting such laws as will continue in force, in execution after that time; because, though the Courts of Judicature which have been erected by the Governor and Council, from time to time, by authority from the Crown, will remain in the state they now are, yet particular regulations and kinds of process and forms of proceedings, having been instituted by Acts of Assembly which will expire, it will be difficult for the Judges to know by what rules to proceed.

The next general question upon which your Lordships are pleased to require our opinion, is: Upon what foot the government of Jamaica will continue, after the first of October next, particularly in relation to its dependence upon the authority of the Crown of Great Britain.

As to this point, we apprehend that the expiration of the Laws before mentioned, will not, in general, weaken or take from the dependence of this Island upon the Crown of Great Britain.

The powers given by His Majesty's commission and instructions to this government, or the Governor and Council, will remain as they are now, unless any particular parts of them relate to the putting in execution Acts of Assembly which will then expire.

His Majesty may also, under His Great Seal, give such further powers to his Governor, to be exercised by him alone, or with the advice of a Council, (the power of appointing which will still remain in His Majesty,) as shall be found necessary for putting in execution the laws which remain in force; and also for appointing judges and officers, and administering justice in his courts; for ordering the militia; and doing all other acts which belong to His Majesty to do, by his prerogative. And in legal proceedings, an appeal will lie to His Majesty in Council, in the same manner as it does

now.

The chief difficulties with regard to government, will arise under the head of the revenue to the Crown, and the power of making new laws.

As to the revenue, it does not appear to us that any will subsist, after the determination of the present revenue act, besides the rents reserved upon the grants of lands, licences for selling strong liquors, and the casual revenue of fines, forfeitures and escheats; in the recovery whereof there may be also some difficulties, by reason of the expiration of the laws directing the methods of proceedings now in use. As to the power of raising any new revenue for the support of government, by laying new taxes or impositions upon the people, that will depend upon the question, whether Jamaica is now to be considered merely as a colony of English subjects, or as a conquered country; if, we apprehend, as a colony of English subjects, they cannot be taxed, but by the

Parliament of Great Britain, or by and with the consent of some representative body of the people of the island, properly assembled by the authority of the Crown; but, if it can now be considered as a conquered country, in that case, we conceive, they may be taxed by the authority of the Crown.

As to the fact upon which this question (which is of great weight and importance,) doth arise, we apprehend sufficient materials have not been laid before us to enable us to judge thereof, for which reason we have offered our opinion to your Lordships, upon a supposition that it may come out either way; but, if it should appear that this island can now only be considered as a colony of English subjects, yet we are clearly of opinion, that since the present Act of Assembly of 1682, appointing the number of members of the Assembly and the places from whence they are to come, will expire with the revenue act, on the first day of October next, it will after that time, be in the power of His Majesty, by his commission and instructions to his Governor, to appoint Assemblies, to be summoned in such manner as His Majesty shall think fit, both as to the number of the whole, the number of representatives to be elected for particular places and parts of the island, and the qualifications, both of the electors and the elected; provided such order and method be observed therein as that they be reasonably understood to be a representation of the people.

This power was exercised by His Majesty's predecessors, before that act of 1682 passed, and consequently will remain entire to the Crown, after it shall expire; and such assemblies, so summoned, will have the same

authorities to make laws and raise money, as the present or any other Assembly have been possessed of.

May 18, 1724.

P. YORKE. C. WEARG.

(8.) The opinions of Northey, Ryder aud Strange, on the discontinuance of the American Act of Queen Anne [Copy of the opinion of the late Sir Edward Northey, His Majesty's Attorney-General, in relation to the American Act, dated the 10th of February, 1715-16.]

I am of opinion, that the whole American Act was intended, and appears to have been intended, only for the war.

EDW. NORTHEY.

[Copy of the joint opinion of Sir Dudley Ryder, Attorney, and Sir John Strange, Solicitor-General, in relation to the American Act, dated the 17th July, 1740.] We have perused the several clauses in the American Act, and by comparing the several clauses together, it seems to us, that the Act is not now in force, but expired at the end of the then war.

July 17, 1740.

DUDLEY RYDER.

JOHN STRANGE.