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ease to she planters not to be continually attending the assaribiies, to re*, enact old laws, which your majesty hath now thought sit in a proper form to ascertain and establish; whereas the late power of making temporary laws could be understood to be of no longer continuance than until such time laws, founded upon so many years experience, should be agreed on by the people, and sinally enacted by your majesty, in such manner as hath been practised in other your majesty's dominions to which your English subjects have transported themselves. For as they cannot •pretend to greater privileges than have been granted to them, either by charter or some solemn act under your great seal, so having, from the •sirst beginning of that plantation, been governed by such instructions as were given by your majesty unto yout .governors, according to the power your majesty had originally over them, which you have by no one authentic act ever yet parted with, and having never had any other right to assemblies, than by permission of the governors, and that only temporary and for probation, it is to be wondered how they should presume to provoke your majesty, by pretending a right to that which hath been allowed them merely out of savour, and discourage your majesty from suture savours of that kind, when,what your majesty ordered for a temporary experiment, to see what form would suit best with the sasety and interest of the country, shall be construed to be a total resignation of the power inherent in your majesty, and a devolution of it to themselves and their wills, witlwut which neither the law nor the government, the estential ingredients of their subsistence and well-being, may take place among them. Since, therefore, it is evident that the astembly of Jamaica have, without any just grounds, and with so mue h animosity and undutisulness, proceeded to reject the marks of your majesty's savour towards them, and that your majesty's resolutions in this case are like to be the measure of respect and obedience to your royal commands in other colonies, we can only oiser, as a cure for irregularities past, and a remedy against surther income niencies, that your majesty would please to authorize and impower your governor to call another assembly, and to represent to them the great'convenience and expediency of accepting and consenting unto such laws as your majesty has under your great seal transmitted unto them, and that incase of resusal, bis lordship be surnished with such powers as were formerly given to colonel Doyley your sirst governor of Jamaica, and since to other governors, whereby his lordship may be cljabled to govern ac-cordhig to the laws of England, where, the different
oatura nature and constitution of that colony may conveniently permit the sam%. and in other cases to act with the advice of the council in such manner as ihall be held necessary and proper for the good government of that plantation, until your majesty's further orders; and that by all opportunities of conveyance the governor do give your majesty a constant and particular account of all his proceedings, in pursuance of your majesty's instructions herein.
Upon reading which report, and sull debates thereupon, his majesty wns pleased to approve the same, and the right honourable Mr. Secretary Coventry is hereby directed to prepare such suitable orders and inductions as may answer the several parts and advices contained ia this report.
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ASSEMBLY OF JAMAICA
EARL OF CARLISLE.
*To his excellency Charles carl of ^Carlisle, &c. captain general, govermr, and commander-in-chief, of this his majesty's island of Jamaica.
"The humble addresses the assembly of this his majesty s istand of Jamaica, in. answer to the report of the right honourable the lords of the committee of trade and plantation, made to his majesty and council, which we entreat your excellency may be humbly presented to. his most sacred majesty and council:
May It Please Your Majesty,
WE, your majesty's most loyal and obedient subject.?, the assembly of this your majesty's island of Jamaica, cannot without insinite grief of mind read the report made to your majesty by the right honourable the lords of the committee for trade and plantations, wherein, by the relations made by their lordships unto your majesty, they have represented us as a people full of animosity, unreasonable, violent, irregular, undutisul, and transgressing both the bounds of duty and loyalty; the bitterness of which characters were we in the least part conscious to have deserved we mould, like Job, have said, Behold we are vile;'whatJJiall we answer? we will lay our hands upon our mouths. But lest our silence should argue our guilt, we shall, in all humility, endeavour to make appear that we have always demeaned ourselves as becometh good and obedient subjects, and those who acknowledge and are truly sensible of the many savours received from your majesty. The truth of this resting •nly on matter of sact being related, and the salse colours which hitherto "l>ave been thrown-on »s being warned oil', we shall not doubt but your
niajcft# majesty will entertain a tetter opinion of his subjects of this island. We must therefore humbly beg your majesty will with patience* be pleased to hear the account ot our proceedings, which, truly to manisest, we must be forced to look back so sar as sir Charles Littletons and sir Thomas Modyford's entrance upon their government; at which time we humbly conceive the island really began to take up the form of a civil government, and wholly to lay aside that of an army, which, until that time, w'ls deemed the supreme authority; when, after, upon their leveral arrivals; by order from his majesty, and according to the method of his majesty's molt antient plantations, they called an assembly, and settled the government of the island in such good form that, until his excellency the earl of Carlisle's sirst arrival, your majesty thought not sit to alter it, thoughseveral governors in that time were changed, which must necessarily inser the goodness and reason of it, a* well as the satissaction of the people;, smee from that time they betook themselves to settle plantations, especially the merchants; by which means the estates here are wondersully increased, as is evident by the great number of fhips laden here by the industry pf the planters, and the satissaction they received by those wholesome laws then begun, and until that time continued; the chang© of which laws we had no reason to expect, being done on such mature deliberation from home. But, to return to our answer, the sirst thing their lordships are pleased to accuse us of, is our presuming to question your majesty's power over your militia, which how much they are misinsormed in it, will hereunder appear; but we must sirst repeat the clause against which we humbly conceive we had just reason to take exception, which is as followeth, viz. Provided always, and it is hereby further enabled end declared by the authority aforesaid, that nothing in this ac~l contained bi expounded, construed, or under/lood, to diminish, alter, or abridge, the power of the governor or commander-in-chief for the time being, but that in ail things he may, and upon all occasions or exigencies, atl as captain-general and governor-in-chitf, according to, and m pursuance oj, all the powers and authorities given unto him by his majesty s commijjion, any thing in this a£l9 Or in any other, to the contrary in anywise notwithstanding. In their lordship's observations, in which they take no notice that the power given by that clause extends as well to the governor as captain-general, nor of the words, any thing in this atl or any other to the contrary ?iotK it'standing; which Words, being plain, need no references to expound them, and, being eonsented unto, there is no occasion for making any other law, because that makes all the powers aud authorities given by his majesty's commission, and Hy that commission the instructions which shall be nftcr given to him, to be Jaw, though it be the nulling of any benessicial law made either here or in England, by which we arc secured both in lise and estate; the like of which was never done in any of your majesty's dominions whatsoever, and in effect is to enact will to be law, and will be construed, we sear, to bind us by the old rule of the law, that every man may renounce his own right. And if their lordships had been-pleased as wcU to have remembered the other clauses of the act of the militia, we cannot think they would have said we had questioned your majesty's power over it; for no act of England gives your majesty the like power over the mih' ia as ours doth; for, oil any apprehension of danger, the' general with his council of ofsicers, have power to put the law martial on foot for what time they please, and to command , us in our own persons, our servants, negroes, horses, even all that we have, to your majesty's service, which having been so often put in practice, will need the less proof: hut how readily and willingly we have obeyed, and in that saith is best justisied by works, it will not be amiss to instance sometimes, and what hath been done in those times by the charge and labour of your majesty's subjects here, under the several governors, none of which have left unexperienced the strength of your majesty's commission, and the virtue and force of the act upon the least seeming occasion.
In the government of sir Thomas Modyford, in the years 1GG5 and 1666, the whole island was put under law martial for many months together, in which time, by the inhabitants and their blacks, Fort-Charles was made close, which to that time wanted a whole line; and also a breast work at Port-Royal was built, with very small charge to your majesty.
In the time of sir Thomas Lynch, in the year 1<J73, the law martial was again set on foot. Fort-James built by the contributions of your majesty's council and assembly, and several other your majesty's subjects in this island, which amounted to a very considerable sum of money; a breast work thrown up at Old.Harbour and several other places, and guns mounted and a platform laid atPort-Morant.
In the lord Vaughan's time, though there was no probability of war, yet he wanted not the trial of his power also in the militia, and our obedience to it; for he commanded out a company of the inhabitants in search of a Spanish barqua longM, who wassaid tohaverobbed a sloop belonging to this -island upon the coast of Cuba; he likewise, in savour of the royal com