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A REPORT

OF THE

RIGHT HONOURABLE THE LORDSOFTHE COMMITTEE

FOR

TRADE AND PLANTATIONS

TO THE KING,

At the Court of Whitehall the 28th of May, 1679

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Marquis of Worcester,

Marquis of Winchester
Lord Chamberlain,
Earl of Salisbury,

Earl of Bridgwater,
Earl of Sunder land,
Lord Ruffel,
Lord Cavendish;

Mr. Secretary Coventry,

Sir Henry Capel,

Sir William Temple,
Mr. Powell,

Mr. Seimore, mafier of the ordnance.

HEREAS there was this day read at the board a report from the right honourable the lords of the committee for trade and plantions, in the words following:

MAY

MAY IT PLEASE YOUR MAJESTY,

WE have, in obedience to your majefty's commands, entered into the Confideration of the prefent ftate of your majefty's ifland of Jamaica, in order to propofe fuch means as may put an end to the great difcouragements your majefty's good fubjects there lie under, by the unfettled conditon thereof; occafioned by the refufal of the laws lately offered by the earl of Carlitle to the Affembly for their confent; at which proceedings difatisfaction appears to have rifen in the manner following: By the commiffion granted by your majesty unto the lord Vaughan and several preceding governors, it was your majefty's royal pleafure to intrust the aflembly of Jamaica with a power to frame and enact laws, by the advice of the governor and council; which laws were to continue in force for the space of two years and no longer: but fo it hath happened, that your majesty, finding the inconveniences that did attend that power and manner of making laws, by the irregular, violent, and unwarrantable, proceedings of the affembly, was pleafed, with the advice of the privy council, to provide, by the earl of Carlifle's commiffion, that no laws fhould be enacted in Jamaica, but fuch as, being framed by the governor and council, and tranfmitted unto your majetty for your royal approbation, were afterwards remitted unto Jamaica, and confented unto by the aflembly there; and, in pursuance thereof, the earl of Carlisle carried over a body of laws under the great feal of England; which laws, upon his lordship's arrival there, have been rejected by the general affembly, upon grounds and reasons contained in an addrefs to your majefty's governor, and in divers letters received from his lordship in that behalf.

Ift. In the first place, we find, they are unsatisfied with a clause in the militia bill, whereby it is provided, that the governor may upon all occafions or emergencies act as governor-in-chief, according to and in pursuance of all the powers and authorities given unto him by your majesty's commiffion; fearing that thereby they fhall make it legal to execute all inftructions that either are or shall be sent unto your majefty's governor,

2d.-They have likewife rejected the bill for raifing a public revenue, as being perpetual and liable (as they fay) to be diverted.

Id.—It is objected, that the faid laws contain divers and fundamental

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4th. That they were not compared with and amended by the laft Jaws fent over by the lord Vaughan.

5th. That the distance of place renders the prefent method of making la vs holly impracticable.

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6th. That the nature of all colonies is changcable, and confequently the laws must be adapted to the interest of the place, and must alter with it.

7th. That thereby they lose the fatisfaction of a deliberative power in making laws.

Sth. That this form of government renders your governors absolute. 9th. That by the former method of making laws your majefty's prerogative was better fecured.

Thefe being the objections and pretenfions upon which the affembly have, with fo much animofity, proceeded to reject those bills tranfmitted by your majefty, we cannot but offer, for your information and fatisfaction, fuch a fhort answer thereunto as may not only give a teftimony of the unreafonablenefs of their proceedings, but alfo furnish the governor, when occafion fhall ferve, with fuch arguments as may be fit to be used in juftification of your majesty's commiffion and powers granted unto him.

1ft. It is not without the greatest prefumption that they go about to queftion your majefty's power over the militia in that ifland, fince it hath been allowed and declared, even by the laws of this your kingdom, that the fole fupreme government, command, and difpofition, of the militia, and of all forces by fea and land, and of all forts and places of itrength, is refiding with your majefty, within all your majefty's realms and dominions.

2d.-The objection made against the bill for the public revenue hath as little ground, fince its being perpetual is no more than what was formerly offered by them unto your majefty, during the government of fir Thomas Lynch, in the fame measure and proportion as is now proposed; nor can it be diverted, fince provifion is thereby expreffly made, that the fame fhall be for the better fupport of that government; befides, that it is not fuitable to the duty and modefiy of fubjects to fufpect your ma

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jefty's juftice or care for the government of that colony, whofe fettlement and prefervation hath been most particularly carried on by your majesty's tender regard, and the great expence of your own treasure.

3d. It cannot with any truth be faid, that thefe laws contain many and great errors, nothing having been done therein but in pursuance of former laws, at divers times enacted by the affembly, and with the advice of your majefty's privy-council, as well as the opinion and approbation of your attorney-general, upon perufal of the fame.

4th. To the fourth objection it may be answered, that, if any thing had been found of moment or importance in the laft parcel of laws tranfmitted by the lord Vaughan, your majefty's tender care of jects welfare would have been fuch as would not have fent thofe bills imperfect or defective in any neceffary matter,

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5th. As to the diftance of place, which renders, as they fay, the prefent method of making laws altogether impracticable, your majesty having been pleased to regulate the fame by the advice of your privy council, according to the ufage of Ireland, fuch care was then taken that no laws might be wanting which might conduce to the well being of that plantation, and that nothing might be omitted which in all former governments had been thought neceffary; nor is it likely that this colony is liable to greater accidents than your kingdom of Ireland, fo as to require a more frequent or fudden change of laws in other cafes than fuch as are already provided for upon emergencies, or in other manner than is directed by your majefty, whereby the inhabitants have free access to make complaints to your governor and council of any defect in any old law, or to give reafons for any new one, which being modelled by the governor and council into form of law, and tranfmitted unto your majefty, if by your majefty and council found reasonable, may be transmitted back thither to be enacted accordingly.

6th. It was fufficiently apparent to your majefty, that laws muft alter with the interest of the place, when you were graciously pleased to lodge fuch a power in that government as might not only from time to time, with your majesty's approbation, and by advice both of your privy council here, and of your governor and council there, enable the affembly to enact new laws anfwerable to their growing neceffities, but even upon Q 2 urgent

urgent occafions to raise money for the fecurity of the island, without attending your majefty's order and confent.

7th-It is not to be doubted but the affembly have endeavoured to grafp all power, as well as that of a deliberative voice, in making laws; but how far they have thereby intrenched upon your majefty's perogative, and exceeded the bounds of duty and loyalty upon this pretence, may appear by their late exorbitant and unwarrantable proceedings during the government of the lord Vaughan, in ordering and figning a warrant unto the marshal of the ifland, your majesty's officer of justice, for the ftopping and preventing the execution of a sentence, paffed, according to the ordinary forms of law, upon a notorious pirate and disturber of your majefty's peace. And they have further taken upon them, by virtue of this deliberative power, to make laws contrary to thofe of England, and to imprifon your majefty's fubjects; nor have they forborne to raife money by public acts, and to difpofe of the fame according to their will and pleafure, without any mention made of your majefty, which hath never in like cafes been practifed in any of your majefty's kingdoms. How far, therefore, it is fit to intruft them with a power which they have thus abufed, and to which they have no pretenfions of right, was the fubject of your majesty's royal commiffion, when you were pleafed to put a restraint upon their enormities, and to take the reins of government into your own hands, which they, in exprefs words, against their duty and allegiance, have challenged and refufed to part with.

8th.-It cannot with any truth be fuppofed, by the prefent form of government, that the governor is rendered abfolute, fince he is now, more than ever, become accountable to your majefty of all his most important deliberations and actions, and is not warranted to do any thing but according to law and your majesty's commiffion and inftructions, given by advice of your privy council.

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9th. And whether your majefty's perogative is prejudiced by the prefent conftructions, is more the concernment of your majesty and the Jubject of your own care, than of their confiderations.

And lastly, and in general, we humbly conceive that it would be a great fatisfaction to your subjects there inhabiting, and an invitation to strangers, when they fhall know what laws they are to be governed by, and a great

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