An Act for ascertaining Land As also for affixing Slaves, Coppers, etc. to the freehold.

At the Court at Whitehall  

The 8th of February 1681

Present The King’s Most Excellent Majesty 

Prince Rupert, Marquis of Worcester, Earl of Craven, Lord Chancellor, Earl of Chesterfield, Earl of Aylesbury, Lord President, Earl of Clarendon, Earl of Halyfax, Lord Privy Seal, Earl of Bathe, Earl of Conway, Viscount Falconberg, Mr. Chanesillor of ye Exchequer, Viscount Hyde, Mr. Chanesillor of ye Duchy, Lord Finch, Mr. Seymor, Bishop of London, Mr. Godolphin 

Whereas His Majesty has been graciously pleased by His Royall Comm’on bearing date ye Tenth day of February in ye Twentyfourth year of His Reign to authorise & impower His Governor, Councills, & ye assemblys of this Leeward Charibbee Islands, or any of them to constitute and ordain Laws, Statutes, & Ordinances for ye publick peace, welfare,  & good Government of ye said Islands respectively, which said Laws, Statutes, & Ordinances are to continue & be in force for ye space of Two yeares, and no longer unless they shall be approved & confirmed by His Majestty within ye time limited as aforesaid And ye Right Honourable ye Lords of His Majestys Most Honourble Privy Councill appointed a Councill of Trade & forreign Plantations, having perused & considered divers Laws passed within His Majestys Island of Nevis in ye words or to ye effect following. 

An Act for ascertaining Land As also for affixing Slaves, Coppers, etc. to the freehold.

Forasmuch as many ye first Inhabitants of this Island after some small settlement made upon their respective Lands and Plantations held under our Soveraign Lord ye King that now is or His Majestys Royall Predecessors, Or from the Earl of Carlisle late Lord Proprietor of this & other ye Leeward Islands did many yeares since to the great detriment & hazard of this His Majestys Island leave & desert their Estates transporting themselves with all thier Chattles moveable to Jamaica or elsewhere, leaving ye said Lands and Plantations voyed of Inhabitants or in the hands of Trustees, Attornies & after ye death of such inhabitants or deserters for want of Claime or Title made good by any under, or in ye name of ye persons deserting as aforesaid or by any in the name or from any power derived or accrewing to them from such Trustees, Attornyes, etc. The said Lands & Plantations, Tenements & Hereditaments have been disposed of, Vis &,. Same of ye said Lands & Plantations, Tenements, & Hereditaments by Patent from antient or former Givernors; Some Lands Etc by His Excellency Francis Lord Willoughby (some time since the said former Governors), Captain Generall and Cheif [sic] Governor in & over these his Majestys Caribbee Leeward Islands in America by virtue of His Majestys [illegible] to him ye said Francis Lord Willoughby directed or by his Deputy Governor in this Island: Some Lands etc. by his Excellency Wm. Lord Willoughby succeeding him ye said Francis Lord Willoughby commissioned as aforesaid: Some Lands etc. by His Excellency Sir Charles Wheeler late Captain Generall & Cheif Governor in & over these His Majestys Leeward Islands aforesaid: some Lands etc. disposed of and confirmed by Patent from or by his Excellency William Stapleton now Sir Wm. Stapleton, Baronet, Captain Generall & Chief Governor in & over these His Majestys Caribbee Leeward Islands aforesaid in His Majestys name in free & common Soccage to ye respective Patentees their Heires, Executors & Assignes forever: Some Lands etc. by Lease & demise in His Majestys name by some or all ye aforesaid Governors preceding His Excellency Sir Wm. Stapleton aforesaid, as also by his Excellency Sir Wm. Stapleton (to His Majestys use for years) reserving some certain annuall Rents, Acknowledgements & services payable to His Majesty, His Heires & Successors in Consideracon of such their Lands ye & in tenure to the great security of this His Majestys Island: Others ye now Inhabitants Possessors of divers parcels of Land & have been put into possession of the same Vis. Some of them by deeds of sale, Conveyance, or other just Instruments of writing made & confirmed to ye Buyers of Purchasers by such antient Possessors or first Setlers or Proprietors deserting as aforesaid or their Trustess, Attornyes etc. impowered therein or ye Executors, Administrators, or Assignes of such former Possessors or first Setlers or Proprietors who have both payd ye full value thereof when purchased as aforesaid and by great charge & Industry much in proved ye same: Other some by Letters of Administracon heretofore granted by any former or ye present Governor of this Island to any the present Inhabitants or Possessors of such Lands or Plantations, Tenements & Hereditaments: Or persons buying & purchasing Lands, Plantations, Tenements etc. of such Adm’s: Others also as Creditors thereonto having been put in possession thereof by the Marshall or Marshalls, then being upon [illegible] according to a former Act of this Island, as also by the Marshall or Marshall since, and now being according to a late Act by Appraisements upon Judgements of Courts at Common Law or Decrees in Courts of Chancery had & recovered against the same Lands or Plantacons, Tenements or Hereditaments both which relating to ye prosecutions against ye same by ye respective Creditors of ye prosecution against ye same by ye respective Creditors of ye persons, Owners & Proprietors of such Lands & Plantations, Tenements or Hereditaments etc. Other by Law observing Judgements or Decreed against ye Lands or Plantations, Tenements or Hereditaments etc.: Other buying or purchasing of Lands or Plantations, Tenements or Hereditaments, etc. at Outcryes or by Appraisment of that have bought or purchased such Lands etc. of those that so bought at outcry or Appraisment: And Forasmuch as the said Deserters of Lands, Plantations etc. in this Island, or their Heires, Executors, Administrators, or Assignes after such great improvement by the present possessors as aforesaid may by Law Suits disturb, implead, & molest & occasion many Contentions amongst His Majestys Subjects in this Island relating to their said Estates of Land Plantations, Tenements or Hereditaments now in possession And Notwithstanding ye present Possessors thereof in thier own right having payd the former value thereof as aforesaid or otherwise possessed thereof in any the manner of wayes as before expressed and being so possessed of ye said Lands etc. the same have much improved as aforesaid to the great strengthening & securing of this His Majestys while Island, & for that no such Suits of Law against such Possessors being possessed by any manner of wayes or meanes as aforesaid shall be hereafter allowed of, But that ye respective Inhabitants so possessing as aforesaid thier Heires, Executors, Administrators of Assignes may quietly & peaceably enjoy their & every of their respective Lands or Plantations, Tenements of Hereditaments in this Island so purchased or otherwise possessed thereof many manner or way as before expressed (whereby they & every of them have hitherto enjoyed the same) without any just cause of fear to be disturbed, sued, vexed, or ejected from or out of their possession & Estates as before mentioned and for ye secure & quiet possession of all such Possessors in their present Rights of & to any Lands or Plantations, Tenements & Hereditaments in this Island and also for the avoiding of Law Suits touching the same which may be unjustly commenced & prosecuted by any unjust pretended Proprietor or Proprietors deserting as aforesaid or by ye Heires or Executors of such Pretenders, their Trustees or Attornyes to and Lands or Plantations, Tenements, or Hereditaments in this Island as aforesaid, or any other person or persons whatsoever. It is therefore ordered, ordained, & enacted by his Excellency Sir Wm. Stapleton, Baronet, Captain Generall & Chief Governor in and over His Majestys Caribbee Leeward Islands in America by virtue of his Comm’on under the great Seal of England bearing date the Tenth Day of February 1671/2. As also by order of His Majesty in Councill bearing date ye thirtieth day of October 1678 impowering him to ascertain and make firm Estates in this Island by the Gentlemen of His Councill & of ye assembly and be it hereby ordered, ordained, & enacted by the authority aforesaid that at any time or times after the date hereof, all & every person and persons Inhabitants in or Possessors of Lands, Plantations, Tenements, or Hereditaments in this Island as or before this present time in their or any of their own right, being seized or possessed thereof in or by any way, manner or form as before is expressed, or any other just way by which he or they have been seized, possessed, or have entered ye same, The said Land or Lands, Plantation or Plantations, Tenements or Hereditaments are hereby ascertained and made firm to ye present possessors respectively and thier Heires, Executors, and Assignes for ever, together with all the benefits and privileges thereof And that all Lawsuits that shall be hereafter at any time from ye day of ye date hereof, commenced by any such pretenders or deserters as aforesaid, or by any such pretenders or deserters as aforesaid, or by Heires, Executors, Administrators, Assignes, Trustees, Agents, or Attornies of such Pretendor, Deserter, or any other person or person against ye present possessors or Inhabitants of such Lands or Plantations, Tenements or Hereditaments in this Island possessing or inhabiting the same or their Heires, Executors, Administrators, or Assignes in any manner, way, or form as in before expressed be and shall be utterly debarred and thrown aside And that the said present possessors or Inhabiters of Lands, Plantations, Tenements or Hereditaments their Heires, Executors, and assignes are by virtue of this Act lawfully confirmed in their & each of their possessions of Lands, Plantations, ect. On this Island by them or either of them seized or possessed in any way, manner, or form as beforementioned at this time & henceforward forever Not withstanding any old Claim or Title thereonto that  shall be made by and person or persons whatsoever, Any former Act, usage, or Custom to ye contrary in any wise notwithstanding: Also it is likewise ordered, ordained, & enacted by ye authority aforesaid for preventing demolishment, waste, & great detriment to ye Estates of Freehold in this Island, That all Negro Slaves & other Slaves whatsoever belonging or appertaining to any Plantacon or Plantations of freehold in this Island, as likewise all Sugar Mills, Coppers & Stills once fastened or fixed thereon for service of grinding Sugar Canes or Sugar Boyling etc. shall to all intents & purposes remain upon ye freehold and not thence be removed or alienated, excepting only for the paying & satisfying ye debts of ye Proprietors thereof by virtue of Execucons laid or to be laid upon ye same or by ye will of ye owner or proprietor so desiring ordering ye romouall thereof: any Law Usage or Custom in any wise to ye contrary notwithstanding.

Dated in Charles Town in ye Island aforesaid the eight day of May 1680 and in the 32th year of the Reign of King Charles ye second, etc. 

Editorial Note: Any abbreviations found in the original of this law have been spelled out in full for clarity.