[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.
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].
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.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.
[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.
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.'
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.'
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.'
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.'
[note 9] 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.
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.