courts to the lieutenant or the captain, or his deputy, or the temporal judges, or the twenty-four keys, in case of adultery*.

+

Ale-House.

It is enacted, That no person shall retail ale, wine, or other liquors, without a licence from the governor, under the penalty of three pounds for every default; one-half to the lord of the island, and the other half to the informer; and none shall obtain such licence except a competent number of substantial ale-house keepers in every town and parish, the situation of whose houses, and other necessary conveniencies, are to be yearly reported to the governor by the minister and captain of every parish, the coroner of the sheading, and four of the great inquest in each parish, who are most fitting and best qualified for that purpose. And such returns to be made to the governor at the respective sheading courts, annually holden after Michaelmas, that such as shall be sufficient and able to perform the tenor of their licences may be licenced and allowed; who, upon obtaining of their licences, shall enter into a recognizance to perform the tenor thereof, as formerly accustomed. Upon every licence there shall be paid fourteenpence to the governor's secretary, sevenpence to the comptroller, and ninepence to the keys for the reparation of their house, and to find other necessaries at the times of their meetings t.

The number of licences for retailing beer, ale, wine, and other liquors in this island, is limited to three hundred, at five score to the hundred t.

It is ordained and enacted, That an additional sum of nine shillings and ninepence be paid for every ale-house

licence into the hands of the clerk of the rolls as a fund, to be applied in making, repairing, and amending the highways, in such manner as shall be directed by the governor, with the council and keys, or a committee to be by them appointed.

Appeal.

FOR quietness, and avoiding of differences between the temporal and ecclesiastical courts, it is ordered, That no appeal shall be made from the ecclesiastical courts to the lieutenant or captain, or to his deputy, or to the judges, or twenty-four keys, or any of them, for any cause depending or determined in the ecclesiastical court, which does merely concern the government of the church, excommunications, suspension, adultery, fornication, profanation of God's name or the Sabbath, cursing, probate of wills, granting administration, granting tuition of children's goods, merely subtracting of tithes, or concerning defamations determinable or punishable by the ecclesiastical laws: but this to be no way prejudicial to the privileges formerly enjoyed by the soldiers, or the captain in garrison. Ordinance by the lord of the island, 1636.

It is enacted, That all persons having any appeal, or cause of appeal from any decree, order, sentence, judgment, or proceeding of any of the courts or magistrates of this isle, or from the keys, to any superior judge of appeals, are obliged to prefer their appeal for acceptance, and enter into bonds thereon, in order to an effectual prosecution within six months next after the decree, sentence, order, or judgment is made, or given against them: otherwise they, and all persons claiming under them, to be excluded and barred from the benefit of any appeal for ever after *.

*A. T. 1736.

Apprentice.

No person shall take any apprentice to learn a science or trade, without such apprentice, with a sufficient surety, do first enter into bond to the lord's use, in the penal sum of ten pounds at least, to serve for the term of five years; and when the said term is up, such apprentice is forbidden to take an apprentice for one year afterwards; and that to be upon the approbation of three of the same faculty, of his sufficiency to teach an apprentice. Nor shall he be permitted to marry for one year after serving his time, without the special licence of the ordinary, or his substitutes, or spiritual officials so empowered, to be obtained upon a true certificate under the hand of the minister of the parish, and two sufficient neighbours where such tradesman dwelleth, of his condition, honesty, and ability, according to their knowledge and common fame. And all this upon severe punishment on the offender, and a fine to the lord besides *.

Arms.

It is enacted, That it shall and may be lawful for all landholders and other house-keepers, being Protestants, to purchase themselves arms, and to keep a firelock for the protection of themselves and families, as well as the defence of the island upon all emergent occasions, provided they always keep them clean and in good order, at the sight of the captains of the parishes and towns, who, for that purpose, are to call them forth with their arms, at least four times in the year, and report their condition to the governor; and the said arms shall go and descend to their heirs and

* A. T. 1665.

assigns, in place of the ancient weapons of war called corbs, and be a full satisfaction for the same *.

No action of arrest shall be granted against a landed man or native within this isle, to imprison or hold him to bail, unless he has obtained the governor's pass, or that there is some other just cause to believe he designs to go off the island: and that any person prosecuted for a foreign debt by an action of arrest, shall be held to bail only for his personal appearance to such action, and for the forthcoming of what effects he hath within this island t.

No arrest for debt or contract without specialtty shall be granted but upon the affidavit in writing of the complainant, or some proper person in that behalf, according to the best of his judgment and belief, and not otherwise. Which affidavit is to specify the cause of such debt or contract, and that the same is just and reasonable, according to the nature thereof; which affidavit may be taken by the clerk of the rolls, or other person duly authorised by the court or magistrate for that purpose. And such affidavit shall be annexed to, and filed with the process of arrest; for the taking and filing thereof sevenpence only is to be paid. And process of arrest for debts due by specialty may be grant ed without affidavit, upon sight of such specialty, and a recital thereof in such process. Provided, That if any person who shall be liable to any civil process for debt, contract, or otherwise, shall be about to leave the island without settling the same, it shall be lawful for the person likely to be aggrieved (taking with him a civil officer), to stop such person, or cause him to be

apprehended and detained for twenty-four hours, and no longer, until a regular process of arrest be obtain. ed, or the matters adjusted.

All warrants to apprehend, and commitments in criminal cases, shall be issued upon the oath of the prosecutor or person aggrieved, setting forth the fact or cause of suspicion; or upon the return or verdict of a jury duly authorised, and not otherwise.

And in all cases where the party imprisoned shall think himself injured by frivolous or vexatious arrests in civil matters, or from commitments in criminal cases, such party may sue for damages against such prosecutor by action at common law *

Assets.

No houses or lands, either quarter-land, mills, cottages, or intacks, purchased or acquired, shall be deemed to be personal effects or chattels, so as to be considered as assets in the hands of executors, or subject to be claimed by right of consanguinity, or next of kindred, in exclusion of the heir at law t.

Attorney.

No person shall plead in any court, except in his own cause, nor practise as an attorney or advocate, until he be first commissioned by the governor or lieu tenant-governor, and hath taken the government oaths, and also the following oath." I A. B. do swear, that I will truly and honestly demean myself in the prac