factor councilors were ordered to resign their agency or council membership. 33 
Another writ o£ error was then pursued to the Court of Errors by plaintiff, 
who in his assignment of errors asserted that the Statute of Frauds did not 
extend to the island nor ought it to be received as of any force therein. 34 
The Court of Errors, on January 25, 1709/10, affirmed the judgment below. 
The Governor and Council, in addition, unanimously declared 
that what very much induced them to confirm the judgment aforesaid was that 
they took the laws of that part of Great Britain called England and all general 
statutes of that kingdom for the advancement of distributive justice and pro bono 
publico made and not by express words restrained to the Kingdom of England and 
dominion of Wales and town of Berwick upon Tweed to be of force and to have 
always been received as such in this island and that the inhabitants thereof are 
entitled to the same as part of their birthright and that the act of Parliament made 
at Westminster in the twenty-ninth year of the reign of King Charles the Second 
entitled An Act for the Prevention of Frauds and Perjuries has hitherto from the 
time of enacting thereof always been received and looked upon as of force in this 
island and the validity and invalidity of wills as to the execution of them has been 
adjudged according to that Statute. 
Further, a colony act had been passed and not disallowed whereby the laws 
of England touching or concerning the lives, liberties, and estates of the subject 
were declared to be of force in the island. It was then ordered that these 
reasons be subjoined to the judgment and that no transcript be made out 
without such reasons being added to the record. Appellant thereupon prayed 
and was allowed an appeal to the King in Council upon giving security 
to prosecute the appeal with effect. 35 
The petition and appeal in Orby v. Long was presented to the King in Council 
on August 28, 1710, and referred to the Committee. On December 18 the 
Committee, after hearing both parties and their counsel and after mature 
consideration of the merits of the cause and the allegations on both sides, advised 
that the judgments below be reversed and judgment given for appellant 
with costs in the courts below to be taxed by the proper officer. 36 A rehearing 
upon allegations of new matter failed to alter the advice of the Committee, 
and on March 1, 1710/1, the Order in Council accordingly issued, reversing 
judgment. 37 
33 2 APC, Col., #1067. se PC 2/83/87, 170. 
34 IMS Jamaica Court of Errors Proceedings, 37 PC 2/83/184, 191, 195. The Order in 
19. Previously, on Oct. 4, 1709, a writ of error Council was read and ordered entered of 
had been quashed because security was not record by the Court of Errors on May 21, 1711 
given according to the royal instructions and (1 MS Jamaica Court of Errors Proceedings, 
act of Parliament (ibid., 12-13). 54 _ 55)- 
36 Ibid., 20.