In 1718, in Barbados, an act was passed to correct the opposition of juries against bringing in special verdicts when so directed. The preamble related that by such practice juries had become judges of both law and fact, to the great prejudice of the inhabitants "who by such practice have not only been deprived of his or their remedy before superior courts" in Barbados, but also from appealing to the King in Council, "by reason the matters of fact upon which such general verdicts are given, do not appear." Upon the application of either party, the Courts of Common Pleas were to direct special verdicts "wherein all and every the matters, as well of law or fact, with the papers, records, and evidences whatsoever," should be set forth and recited at large in the same manner as produced to the court at the trial or agreed upon by counsel in open court. General verdicts given contrary to direction were to be quashed; refractory or negligent judges were to be incapable of serving in any royal position and to be liable for damages sustained, recoverable before a Justice of the Peace, as in the case of servant's wages. Recalcitrant juries were to be committed to gaol for six months without bail or mainprize, each member forfeiting _£io current money recoverable as above. A general verdict contrary to direction was to be sufficient error to set aside judgment. An oath was provided for attorneys in the case of special verdicts; those refusing to take it were to be barred from practice. 49 Consulted upon this act in the course of legislative review, Board of Trade counsel Richard West was of the opinion that the intention was reasonable, but the form improper: For if a speciall verdict bee not found, in any cause where either party thinks himself aggrieved by the judgment, it is exceedingly difficult if not impossible to have a remedy by appeal to the Councill at home, since without a speciall verdict the whole of the case can never fully appear. If therefore they had confined the obligation, they putt their judges under of directing a special verdict when desired, to such causes only where the value of the thing in question was equall to what by His Majesty's instructions they are at liberty to appeal home for, I should have thought the Act well calculated to render the remedy the subject there has against any erroneous judgment by appealing to the Privy Council more easy and practicable and also to make the dependence of those people still closer to our government at home. But the obliging all judges to direct a speciall verdict without any reason assigned, upon the bare request of the party, and that in causes of never so small a value, is certainly putting it in the power of the debtor most unreasonably to delay his creditor in the recovery of just debts. West added that the penalty to be inflicted upon judges denying or neglecting 49 An Act for the better ordering and regulat- of Assembly Barbados, 1717-18 to 1738 ing the proceedings of His Majesty's Courts [1739], 318-20). A scienter was later added of Common Pleas within this Island (Acts to the attorney's oath (ibid., 325-26).