Burnaby's Code | |
---|---|
Created | 9 April 1765 |
Location | not extant; transcripts published |
Author(s) |
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Signatories | 85 Baymen, inc. 2 women |
Purpose | Constitution |
Burnaby's Code or Laws, originally entitled Laws and Regulations for the better Government of his Majesty's Subjects in the Bay of Honduras, are an early written codification of the 17th and 18th century constitution and common law of the Baymen's settlement in the Bay of Honduras (later British Honduras). It was drafted by Sir William Burnaby or Joseph Maud, a Bayman, signed on 9 April 1765 at St. George's Caye, and subsequently confirmed by Sir William Lyttelton, governor of Jamaica.
The unwritten constitution and common law of the Baymen's settlement is commonly traced back to the introduction of buccaneering custom, upon the 1638 landing of a group of shipwrecked English buccaneers at the mouth of the Old River. [1] [2] [3] [4] Said constitution and common law eventually came to be known as 'the old custom of the Bay,' or 'Jamaica discipline.' [5] It is often thought to have persisted largely unchanged throughout the 17th and early 18th centuries. [6] It is now commonly contrasted with the contemporary constitution and common law of royal and chartered colonies in the West Indies and America, which are thought to have afforded settlers less or much less say in legislative, judicial, and executive matters. [7] [8] [9] [10] [note 1] [note 2] [note 3]
A Spanish armadilla, under orders from the Governor of Yucatán, struck the English logging settlement in the Bay of Honduras on Christmas Day in 1759. Baymen were completely routed, and shortly evacuated the settlement, taking refuge in Mosquito Shore. [6] Upon learning of their restoration via the 1763 Treaty of Paris, the exiled Baymen once again returned to the settlement, landing at the mouth of the Old River aboard five ships sometime in April 1763. [11] [12] [13] [14]
On 23 December 1763, Ramírez de Estenoz,
[G]overnor of Yucatan and the commandant of Baccalar, interrupted their [Baymen's] trade in general, by requiring them to produce a regular licence, either from their own sovereign, or from the king of Spain. This interruption was followed by the expulsion of the settlers from those points of the coast which were considered as beyond the limits assigned in the recent treaty [of Paris 1763]. They were commanded to retire from Rio Hondo within the space of two months [by 28 February 1764]; they were confined to the south bank of Rio Nuevo; and both at Rio Nuevo and Rio Wallis, they were restricted from ascending to the distance of more than twenty leagues from the sea. By these aggressions, more than five hundred settlers were driven from their habitations, with the loss of their property, amounting to above £27,000 sterling.
— A British settler [Bayman], undated. [15]
The Baymen, deeming Estenoz's actions a treaty violation, shortly petitioned the Governor of Jamaica and HM Government for redress, further publicising the affair in the press. [16] [17] On 8 February 1765, HMS Wolf, Hay captain, arrived at the settlement, under instructions 'for the Re-establishment of all the Baymen at their old Works in any Part of the Bay of Honduras, the most convenient for the cutting [of] Logwood.' [18] [19]
Baymen were fully restored to their works during 5–26 March 1765, upon the arrival of William Burnaby, admiral, aboard HMS Dreadnought or HMS Active. [20] [21] [17]
Burnaby's Code is thought to have been drafted during March 1765, or during the first week of April 1765. Details of its creation are uncertain, though it is commonly thought to have involved little deviation from the custom of the Bay, being rather a written, explicit record of the settlement's 17th and 18th century constitution and common law. Authorship is commonly ascribed to William Burnaby, or to Joseph Maud. It was signed on 9 April 1765, most likely at St. George's Caye, by 85 Baymen, including two women and some unpropertied men. [note 4]
When Sir William Burnaby came down to the Bay to settle the differences with the Spaniards, it was thought proper to establish some form of government amongst the Inhabitants. The little time Mr. Maud had resided amongst them afforded an opportunity of discovering their temper and disposition, from whence he took occasion to draw a set of laws and regulations for their future welfare and happiness, which were not only agreed to by the inhabitants, in presence of the admiral, at a meeting held on Key Kazine, for that purpose, but afterwards approved of by his Excellency William Henry Littleton, Esq; governor of Jamaica; and whoever will take the trouble of perusing those laws and regulations, will perceive that they are founded upon principles which do credit to the author, and must transmit his name with honour to posterity.
The Public Meeting met on 10 April 1765. [24] Burnaby departed in late April 1764. Quarterly court was held on 30 May 1765. The Code was published in late 1765, and re-printed in 1809, as part of a digest of laws laid before the Public Meeting. [25]
Two paragraphs constitute the Code's preamble. The first part begins– [note 6]
WE the inhabitants of the Bay of Honduras, whose names are hereunto subscribed, do, by and with the consent of the whole, agree, from and after the date hereof, to bind ourselves to the strict performance of the Articles and Regulations hereafter mentioned, [...]
— First part of preamble.
The first part further–
The second part introduces the articles, emphasising the first point aforementioned.
And as nothing can be more essential towards the support of government and the inhabitants' happiness than good order and strict obedience to the divine and civil law; so it is our indispensable duty to conform to those laws, and in order thereto,
— Second part of preamble.
The Code contains twelve articles. [note 7]
On blasphemy
The first article is enacted 'by and with the consent of the said inhabitants.' It prohibits 'profane cursing and swearing, in disobedience of God's commands, and the derogation of his honour,' making this a summary offence (subject to conviction by one JP) for which offenders would forfeit 'two shillings and sixpence, Jamaica currency, or the same value in merchantable unchipt logwood.'
On theft
The second article lacks an authorising clause. It prohibits theft and the aiding or abetting of it, making this a non-summary offence (triable by a quarterly court) for which offenders would be 'obliged to make restitution for the full value of the goods or effects so stolen, but be further subject to such other punishment and penalty as the said court shall adjudge.'
On inveigling crewmen
The third article lacks an authorising phrase. It prohibits inveigling sailors or crewmen, and harbouring, entertaining, employing, or concealing them without their shipmaster's written licence. Offenders would forfeit twenty tonnes of merchantable unchipped logwood, with the runaway sailor subject to summary conviction by a JP 'to be dealth with and punished as the said Justice shall judge his crime to deserve.'
On labour contracts
The fourth article is enacted 'for the better government of the said inhabitants, and in order to prevent as much as possible any disputes or disturbances which may arise therefrom.' It prohibits labour or service contracts by parole, requiring these to be in writing, and to state the agreed upon salary or wage, and 'where and in what manner it [salary or wage] is to be paid.' No penalty or punishment for breaches is mentioned.
On impressment
The fifth article lacks an authorising phrase. It prohibits impressment by parole, allowing only voluntary (non-impressed), written service contracts (as per the fourth article). The impressment of steersmen, for a single trip, is, however, exempted from the article. Breaches are made summary offences, with convictions subject to a penalty of ten tonnes of merchantable unchipped logwood, which are 'to be distributed agreeably to the tenor of these Articles.'
On taxation
The sixth clause lacks an authorising phrase. It authorises taxation in the following manner.
The article further penalises defaults or non-payment with a fine of ten tonnes merchantable, unchipped logwood. Furthermore, default or non-payment of said fine is penalised by the offending party's being 'excluded the benefit of any advantage arising from the fines and forfeitures herein beforementioned, and intended for the uses and benefit of the said inhabitants.'
On quarterly courts
The seventh article is enacted 'In order for the better putting in execution the Articles and Regulations herein mentioned, and for the better government of the said inhabitants residing in the Bay.' It constitutes quarterly courts as follows.
The articles further penalises non-compliance with the courts' sentences by forfeiture of property 'wheresoever it is to be found, of any kind whatsoever.'
On naval officers
The eighth article is enacted 'by and with the consent of the inhabitants of the Bay.' It vests Royal Navy officers with 'full power' to 'execute and enforce' the inhabitants' laws and agreements, and JPs' or courts' sentences, further requesting that officers exercise said authority.
On ad hoc courts
The ninth article is enacted 'by and with the consent of the inhabitants of the Bay.' It provides for the settling of 'disputes which may hereafter arise amongst the inhabitants of the Bay, not mentioned in these Regulations.' These are to be referred to an ad hoc court of two JPs and five principal inhabitants, whose determination is to be final. Of the five principal inhabitants, one is to be chosen by the JPs, and four by the parties in dispute.
On offences not explicitly treated
The tenth article has no enacting clause. It provides for all crimes and misdemeanours not mentioned in the Code. These are to 'be punished according to the custom of the Bay in like cases.'
On legislation
The eleventh article is enacted 'for the better government of the inhabitants of the Bay, [...] by and with the consent of the whole of the inhabitants.' It binds inhabitants to 'all such laws and regulations as shall hereafter be made by the Justices of the Bay in full council; those laws and regulations being first approved of by the majority of the inhabitants of the Bay,' and to any fines, penalties, or forfeitures as imposed in said laws and regulations.
On seizures upon a debtor's default
The twelfth article is enacted 'by and with the consent of the inhabitants of the Bay.' It prohibits creditors' seizure of a debtors' property (in case of default) without prior authority from the Justices of the Bay. Breaches are penalised by forfeiture of the debt, and further punishment 'as the Justice shall judge the party offending to deserve, agreeably to the tenor of these regulations.'
The Code closes as follows. [note 9]
Given under our hands and seals at this ninth day of April, one thousand seven hundred and sixty five. | |
John Lawrie | James Farrell |
John Maud | D. Fitz Gibbon |
Basil Jones | Henry Jones |
John Douglas | Ralph Wildridge |
Christpher Sinnett | John Smith |
Thomas Coake | John Potts |
John Care | John Cathcart |
John Gordon | Maurice O'Brien |
Charles Golding | [ill] [ill]err |
John Furnall | John Mc. Target |
William Ryder | William Weston |
Thomas Remington | William Thox |
Thomas Yoemans | Owen Thom |
William Eardly | Ebenezer Tyler |
William Car | Thomas Barra |
Edward Kirk | John Howa |
Thomas Bates | Bryan Cumberland |
William Galaspy | John Gardner |
Michael Elsters | Thomas Evans |
William Tucker | Mary Wel |
Robert Montgommery | [ill] [ill]le |
Rorolf Henrikson | [ill] [ill]nder |
Rodolphus Green | [ill]dby Pinder |
Alexander Douglas | William O'Brien |
William Cox | Nicholas Green |
John Swain | Bartholomew Alex. Pitt |
Thomas Catts | Richard Armstrong |
John Oliver | William Shade |
Michael Patterson | Nehemiah Gale |
Joseph Gaddes | Charles Keeling |
William Oxford | Alexander Lindsay |
Michael Roberts | George Jeffreys |
John Hamilton | John Cook |
Samuel Griffiths | James Smith |
Nathaniel Parent | Francis Hickey |
Ralph Wild | William Wyatt |
William Dal | James Grant |
William Dunn | Andrew Slumen |
George Ceau | Benjamin Bascome |
John Per | Thomas Potts |
Thomas Roblie | Richd. Fran. O'Brien |
Mary Allen | and |
William Rumbol | John Garbutt |
The code is commonly thought to have codified the settlement's pre-existing or prevailing legal customs, though it has been further suggested that Royal Navy rules and regulations partially influenced its content. [26] [note 10]
[W]hoever will take the trouble of perusing those laws and regulations [Burnaby's Code], will perceive that they are founded upon principles which do credit to the author [Joseph Maud], and must transmit his name with honour to posterity.
Burnaby has been credited with having 'put the settlement on a most respectable footing.' [27] His lieutenant, who had been despatched to the Governor of Yucatán, in Mérida, published an account of the voyage in 1769. [28]
Burnaby's Code came to be 'celebrated' by Baymen and later British Hondurans as their 'charter of liberty.' [29] [30] [31] [10] It is commonly considered Belize's first written constitution, and has been deemed the first such to be signed by women. [32] [33] [34] [35] [36] [37] [note 11] Scholarly opinion on Burnaby's Code is divided, with some deeming it insignificant, and others opining otherwise. [38] [note 12]
The Brig Chance, Capt. Fairchild, arrived here [New York City] on Friday last [17 May] in 32 Days from the Bay of Honduras [left 15 April].— He informs [that Burnaby, having arrived,] immediately issued Regulations for the better Government of His Majesty's Subjects in the Bay of Honduras; [...] and got the Inhabitants so to associate and meet together as to fix and appoint proper Persons for the holding Courts of Justice quarterly, with the Assistance of a Jury, to try and determine all Disputes whatsoever, which Determinations are to be enforced by the Commanding Officer for the Time being of any of His Majesty's Ships of War which may be sent thither. The persons chosen to the Justiciary and confirmed by the Admiral were, Messrs. John Laurie, Basib Jones, James Farrell, John Douglas, Joseph Maud, David Fitz Gibbon, and Chrisopher Sinnet.
British Honduras was a Crown colony on the east coast of Central America, south of Mexico, from 1783 to 1964, then a self-governing colony, renamed Belize in June 1973, until September 1981, when it gained full independence as Belize. British Honduras was the last continental possession of the United Kingdom in the Americas.
The Maya Mountains are a mountain range located in Belize and eastern Guatemala, in Central America.
Belizean Creoles, also known as Kriols, are a Creole ethnic group native to Belize.
The Battle of St. George's Caye was a military engagement that lasted from 3 to 10 September 1798, off the coast of British Honduras. However, the name is typically reserved for the final battle that occurred on 10 September. The Spaniards had previously attempted to expel the colonists on six occasions, most recently in 1779. The events of 10 September 1798 marked the final Spanish attempt to take over the area. In Belize, the Battle of St. George's Caye is a national public and bank holiday.
The Belizean–Guatemalan territorial dispute is an unresolved territorial dispute between the states of Belize and Guatemala, neighbours in Central America. During the late 1600s and throughout the 1700s, Britain and Spain signed several treaties regarding territories in the Americas. Both nations agreed that the territory of modern-day Belize was under Spanish sovereignty though British settlers could use the land, in specific areas and for specific purposes. The area was never fully under British or Spanish rule at this time and the British settlers continually expanded far past the boundaries set by the treaties. When the Spanish Empire fell, Guatemala said that it inherited Spain's sovereign rights over the territory. Since independence Guatemala has claimed, in whole or in part, the territory of Belize.
The Baymen were the earliest European settlers along the Bay of Honduras in what eventually became the colony of British Honduras.
Belize, on the east coast of Central America, southeast of Mexico, was inhabited by the indigenous peoples who fought off the Spaniards in an attempt to preserve their heritage and to avoid the fate of their neighbors who were conquered and under Spanish rule. While this was going on, British pirates would rob Spanish merchant ships and navigate through the shallow waters and small islands even going up river later to hide their bounty. The indigenous people of Belize did not resist the British like they did the Spanish. In the 17th century, however, the British settlement became a formal British crown colony from 1862 through 1964, where they first achieved self government and later in 1981 became an independent country recognized globally with all its territory intact. The British brought along with them slaves taken from Congo and Angola during the eighteenth century.
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Sir William Burnaby, 1st Baronet was a British naval officer who became Commander-in-Chief, Jamaica Station.
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The Capture of Cayo Cocina was the result of a Spanish military operation on the 15 September 1779 against a British settlement on Saint George's Caye, just off the coast of present-day Belize, during the Anglo-Spanish War. The settlement was at the time the major British population center in the area, until Spanish forces from the Captaincy General of Guatemala attacked it.
Hispanic and Latin American Belizeans are Belizeans of full or partial Hispanic and Latin American descent. Currently, they account for around 52.9% of Belize's population.
Belize has an embassy and honorary consulates in Madrid, Barcelona and Palma de Mallorca. Spain has a non-resident embassy for Belize in Guatemala, and an honorary consulate in Belize City.
Belizean nationality law is regulated by 1981 Constitution of Belize, as amended; the Belizean Nationality Act, as revised; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Belize. Belizean nationality is typically obtained either by descent or registration. Descent relies on the principles of jus soli, i.e. by birth in Belize; or under the rules of jus sanguinis, i.e. by birth abroad to parents with Belizean nationality; whereas registration applies to obtaining nationality after birth. There is currently no program in Belize for citizenship by investment, as the previous program lapsed in 2002. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the Commonwealth of Nations, has traditionally used the words interchangeably.
Peter Wallace is commonly held to have been an English or Scottish buccaneer who, in 1638 aboard the Swallow, founded the first English settlement in present-day Belize. Wallace's historicity is debated, first emerging in the 1829 Honduras Almanack; however, several scholars deem him a legendary protagonist of the country's founding myth, rather than an actual historical figure.
Pirates, privateers, corsairs, and buccaneers were active in the Bay of Honduras from the 1540s to the 1860s. This is an annotated, chronological list of such events, with sortable tables provided.
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The Honduras Gazette, published as The Honduras Gazette and Commercial Advertiser, was the first newspaper and government gazette in colonial Belize. It ran from 1 July 1826 until sometime during 1829–1838, being succeeded on 29 September 1838 by the Belize Advertiser.
Slavery in Belize includes practices of enslavement by British colonists during the period of European colonization. Products for which slavery was used include logwood, mahogany and sugar.
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