CHAMBERLINE against harvey ld raym count in trespass for a negro slave London  to wit be it remember that on Wednesday next after three week of saint Michael  in this same term before the lord the king at Westminster come Willoughby  Chamberline Esq by Godfrey uvoodward his attorney and bring here into the  court of the say lord the king then there his certain bill against Robert  Harvey Esq in custody of the marshal c of a plea of trespass and there be  pledge of prosecute to wit John do and Richard roe which say bill follow in  these word to wit London to wit Willoughby Chamberline Esq complain of Robert  Harvey Esq in custody of the marshal of the Marshalsea of the lord the king be  before the king himself for that the say Robert on the first day of September  in the year of our Lord with force and arm one Lord Raymond negro of he the  say William of the price of of lawful money of England at London aforesaid to  wit in the parish of the bless mary of the arch in the ware of cheap take and  lead away from he and then and there detain and keep possession of the negro  aforesaid from the say first day of September until the exhibit of this bill  so that he the say Willoughby total be without and lose the use and benefit of  the say negro for the whole time aforesaid and other wrong to the say  Willoughby then and there do against the peace of the say lord the now king to  the damage of he the say Willoughby of and thereupon he bring suit c and the  say Robert by Robert stone his attorney come and defend the force and injury  when c and say that he be not thereof guilty in manner and form as the say  Willoughby above complain against he and of this he put himself upon the  country and the say Willoughby thereupon likewise therefore let a jury  thereupon come before the lord the king at Westminster on Thursday next after  the morrow of all soul and who neither c to recognize c because as well c the  same day be give to the party aforesaid there c afterward the process  thereupon be continue between the party aforesaid in the plea aforesaid by the  jury be respite thereupon between they before the lord the king at Westminster  until Thursday next after fifteen day of saint Martin unless the lord the king  trusty and wellbeloved John holt Knt chief justice of the lord the king assign  to bold plead in the court of the say lord the king himself shall before come  on Wednesday next after day of saint Martin at guildhall London by form of the  statute for want of juror c at which day before the lord the king at  Westminster come the say Willoughby by his say attorney and the say chief  justice before who c bath send here his record before he have in these word  afterward on the day and at the place within contain before John holt Knt  chief justice of the lord the king assign to hold plead in the court of the  say lord the king before the king himself come as well the within name  Willoughby Chamberline Esq as the within write Robert Harvey Esq by their  atorneys within contain and the juror of the jury whereof mention be within  make be call certain of they to wit Thomas Sericole Richard Martin Samuel Lord  Raymond er p stone Benjamin Hodgson Jeremiah Barratt and Nathaniel Spinlow  come and be swear upon that jury and because the rest of the juror of the same  jury do not appear therefore other of the bystander by the sheriff of Lord  Raymond London aforesaid be choose to this at the request of the say  Willoughby Chamberline and by the command of the chief justice aforesaid new  appoint who name be affiled in the panel within write accord to the form of  the statute in such case make and provide and the juror so new appoint to wit  Thomas pool Richard Martin Thomas ware John Watson Philip Brewster and Richard  Chauncey be call likewise come who be choose try and swear to speak the truth  concern the matter within contain together with the other juror aforesaid  before impanel and swear say upon their oath that one Edward Chamberline long  before the within write time when c be seize of a certain plantation in the  island of barbados in the Westindies in part beyond the sea in his demesne as  of fee and of certain negro slave be slave belong and appertain to the same  plantation and the aforesaid negro slave long before the within write time  when c be bear within the island aforesaid of negro parent slave belong and  appertain to the same plantation and that long before the within write time  when c to wit on the that day of April in the year of our Lord by one William  Willoughby deputy governor Council and assembly be the representative of that  island in that behalf lawful authorize and commission at the island aforesaid  it be enact in these English word follow barbados a Act declare the negro  slave of this island to be real estate whereas a very considerable part of the  wealth of this island consist in our negro slave without who labour and  service we shall be utter unable to manage our plantation here thereby relieve  our want and bring that considerable increase of revenue which this place  afford to his majesty coffer as well here as in England and whereas some  lawsuit have rise and other great inconvenience have follow where diverse  person die intestate have leave their right and interest of their negro slave  to be by law dispute between their heir executor and administrator wherein the  various judgement and affection of several court or juror have sometime find  for one and at other time for the other for a full remedy of these  inconvenience and to the intent that the heir and widow who claim dower may  not have bare land without negro to manure the same and also that the  condition right and interest of negro to all other end and purpose may be full  know and determine the deputy governor Council and assembly be Willing that  all ambiguity herein shall be remove Lord Raymond and the law in this case be  declare and put in a certainty have ordain and enact by the deputy governor  Council and assembly and by the authority of the same that from and after  publication hereof all negro slave in all court of judicature and other place  within this island shall be hold take and adjudge to be estate real and not  chattel and shall descend unto the heir or widow of any person die accord to  the manner and custom of land of inheritance hold in feesimple provide always  that no person sell or alienate any of his or her negro be hereby hold or  oblige to cause such sale or alienation to be enrol as be accustom to be do  and require by the law of this island as in all other real estate any usage  custom or law to the contrary notwithstanding provide this Act or any thing  therein contain shall not be take and deem to extend unto any merchant factor  or agent bring negro slave to this island and have the consignment of any  slave under they but that in all respect they their executor administrator or  assign may bold possess and enjoy such slave or negro in such condition as  they may have do before the make of this Act until sale of such slave or slave  bath be make in the island as by that Act more full appear and that the say  Edward Chamberline long before the say time when c at the island aforesaid die  seize of his like estate of and in the plantation and negro slave aforesaid  thereunto belong by and after who death one three part of the plantation and  negro slave aforesaid whereof the negro in the declaration aforesaid mention  be one descend to mary the widow and relict of the say Edward Chamberline in  the name of her dower by the law of the island aforesaid and the reversion of  the say three part descend to the say William Chamberline as the son and heir  of the say Edward and be so seize the say mary afterward Lord Raymond er p and  long before the time when c take for her husband one John Witham Knt by which  the say John Witham be seize in right of his say wife of one three part of the  plantation and negro slave for the term of the life of his say wife and the  say John Witham be so seize the within name negro a true native long before  the within write time when c to wit in the that year of the reign of Charles  the second late king of England bring within this kingdom of England and  afterward the say negro slave abovementioned remain in the service of he the  say John within this kingdom of England for the space of diverse year from  that time and before the say time when c accord to the Lord Raymond rite of  the church of England but without the knowledge or consent of the say  Willoughby Chamberline there be baptise and that the say John Witham afterward  and after the death of his say wife but long before the say time when c within  this kingdom of England absolute put the say negro slave out of his service  and also afterward and before the say time when c the say negro slave serve  other subject of this kingdom of England and at the within write time when c  within this kingdom of England be retain in the actual service of the say  Robert Harvey to take of the say Robert Harvey accord to the rate of six pound  by the year for his wage in that behalf but whether upon the whole matter  aforesaid by the jury aforesaid in form aforesaid find the say Robert Harvey  be guilty of the trespass within specify or not the juror aforesaid be whole  ignorant and pray the advice of the court here concern the premise and if upon  the whole matter aforesaid by the jury aforesaid in form aforesaid find it  shall seem to the justice and the court here that the say Robert Harvey be  guilty of that trespass then the say juror say upon their oath that the say  Robert Harvey be guilty of the trespass aforesaid as the say Willoughby  Chamberline within complain against he and they assess the damage of he the  say Willoughby by occasion of the trespass aforesaid beside his cost and  charge to fifty pound and for his cost and charge three shilling and four  penny and if upon the whole matter aforesaid by the jury aforesaid in form  aforesaid find it shall seem to the same justice here that the say Robert  Harvey be not guilty of the trespass aforesaid then they the say juror say  upon their oath that the say Robert Harvey be not guilty of the trespass  aforesaid as he the say Robert have within in plead allege and because the  justice here be not yet advice c Lord Raymond hilary term in the seven year OF  king William the three roll c b