cafe to the planters not to be continually attending the affemblies, to re enact old laws, which your majesty hath now thought fit in a proper form to afcertain and eftablifh; whereas the late power of making temporary laws could be understood to be of no longer continuance than until fuch time laws, founded upon fo many years experience, fhould be agreed on by the people, and finally enacted by your majefty, in fuch ananner as hath been practifed in other your majefty'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 fome folemn act under your great feal, fo having, from the first beginning of that plantation, been governed by fuch instructions as were given by your majefty unto your governors, according to the power your majefty had originally over them, which you have by no one authentic act ever yet parted with, and having never had any other right to affemblies than by permiffion of the governors, and that only temporary and for probation, it is to be wondered how they fhould prefume to provoke your majefty, by pretending a right to that which hath been allowed them merely out of favour, and difcourage your majefty from future favours of that kind, when what your majeity ordered for a temporary experiment, to fee what form would fuit beft with the fafety and intereft of the country, fhall be conftrued to be a total refignation of the power inherent in your majefty, and a devolution of it to themfelves and their wills, without which neither the law nor the government, the effential ingredients of their fubfiftence and well-being, may take place among them. Since, therefore, it is evident that the affembly of Jamaica have, without any juft grounds, and with fo much animofity and undutifulness, proceeded to reject the marks of your majefty's favour towards them, and that your majefty's refolutions in this cafe are like to be the measure of refpect and obedience to your royal commands in other colonies, we can only offer, as a cure for irregularities paft, and a remedy against further inconveniencies, that your majefty would please to authorize and impower your governor to call another affembly, and to reprefent to them the great convenience and expediency of accepting and confenting unto fuch laws as your majefty has under your great feal tranfmitted unto them, and that in cafe of refufal, his lordfhip be furnished with fuch powers as were formerly given to colonel Doyley your first governor of Jamaica, and fince to other governors, whereby his lordship may be enabled to govern according to the laws of England, where the different

nature

nature and conftitution of that colony may conveniently permit the fame and in other cafes to act with the advice of the council in fuch manner as shall be held neceffary 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 majefty a conftant and particular account of all his proceedings, in pursuance of your majesty's instructions herein.

Upon reading which report, and full debates thereupon, his majefty was pleafed to approve the fame, and the right honourable Mr. Secretary Coventry is hereby directed to prepare fuch fuitable orders and instructions as may anfwer the feveral parts and advices contained in this report.

ROBERT SOUTHWELER

AN

AN ADDRESS

OF THE

ASSEMBLY OF JAMAICA

TO THE

EARL OF CARLISLE.

To his excellency Charles earl of Carlisle, &c. captain general, governor, and commander-in-chief, of this his majesty's island of Jamaica.

The humble addrefs of the affembly of this his majesty's island of Jamaica, in anfwer 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 prefented to his moft facred majesty and council:

MAY IT PLEASE YOUR MAJESTY,

WE2

'E, your majefty's moft loyal and obedient fubjects, the affembly of this your majefty's inland of Jamaica, cannot without infinite grief of mind read the report made to your majefty by the right honourable the lords of the committee for trade and plantations, wherein, by the relations made by their lordfhips unto your majefty, they have reprefented us as a people full of animofity, unreafonable, violent, irregular, undutiful, and tranfgreffing both the bounds of duty and loyalty; the bitterness of which characters were we in the leaft part confcious to have deferved we fhould, like Job, have faid, Behold we are vile: what shall we answer? we will lay our hands upon our mouths. fhould argue our guilt, we fhall, in all humility, endeavour to make But left our filence appear that we have always demeaned ourfelves as becometh good and obedient fubjects, and those who acknowledge and are truly fenfible of the many favours received from your majefty. The truth of this refting only on matter of fact being related, and the falfe colours which hitherto have been thrown on us being washed off, we shall not doubt but your

majefig

majefty will entertain a better opinion of his fubjects of this ifland. We must therefore humbly beg your majefty will with patience be pleafed to hear the account of our proceedings, which, truly to manifeft, we must be forced to look back fo far as fir Charles Littleton's and fir 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 afide that of an army, which, until that time, was deemed the fupreme authority; when, after, upon their feveral arrivals, by order from his majefty, and according to the method of his majefty's most antient plantations, they called an affembly, and fettled the government of the island in fuch good form that, until his excellency the carl of Carlifte's first arrival, your majefty thought not fit to alter it, though feveral governors in that time were changed, which muft neceffarily infer the goodness and reafon of it, as well as the fatisfaction of the people; fince from that time they betook themselves to fettle plantations, efpecially the merchants; by which means the eftates here are wonderfully increased, as is evident by the great number of fhips laden here by the industry of the planters, and the fatisfaction they received by thofe wholesome laws then begun, and until that time continued; the change of which laws we had no reafon to expect, being done on fuch mature deliberation from home. But, to return to our answer, the first thing their lordships are pleased to accufe us of, is our prefuming to queftion your majefty's power over your militia, which how much they are mifinformed in it, will hereunder appear; but we must first repeat the claufe against which we humbly conceive we had juft reason to take exception, which is as followeth, viz. Provided always, and it is hereby further enacted and declared by the authority aforefaid, that nothing in this act contained be expounded, conftrued, or underflood, to diminish, alter, or abridge, the power of the governor or commander-in-chief for the time being, but that in all things he may, and upon all occafions or exigencies, act as captain-general and governor-in-chief, according to, and in pursuance of, all the powers and authorities given unto him by his majesty's commiffion, any thing in this act, or in any other, to the contrary in anywife notwithstanding. In their lordfhip's obfervations, in which they take no notice that the power given by that claufe extends as well to the governor as captain-general, nor of the words, any thing in this act or any other to the contrary notwithstanding; which words, being plain, need no references to expound them, and, being confented unto, there is no occafion for making any other law, becaufe that makes all the powers and authorities given by his majefty's commiftion, and by

that

that commiffion the inftructions which fhall be after given to him, to be law, though it be the nulling of any beneficial law made either here or in England, by which we are fecured both in life and eftate; the like of which was never done in any of your majefty's dominions whatfoever, and in effect is to enact will to be law, and will be conftrued, we fear, to bind us by the old rule of the law, that every man may renounce his own right. And if their lordships had been pleated as well to have remembered the other claufes of the act of the militia, we cannot think they would have faid we had queftioned your majefty's power over it; for no act of England gives your majefty the like power over the militia as ours doth; for, on any apprehenfion of danger, the general with his council of officers, have power to put the law martial on foot for what time they please, and to command us in our own perfons, our fervants, negrocs, horfes, even all that we have, to your majefty's fervice, which having been fo often put in practice, will need the lefs proof: but how readily and willingly we have obeyed, and in that faith is beft juftified by works, it will not be amifs to inftance fometimes, and what hath been done in thofe times by the charge and labour of your majesty's fubjects here, under the feveral governors, none of which have left unexperienced the ftrength of your majefty's commiffion, and the virtue and force of the act upon the leaft feeming occafion.

In the government of fir Thomas Modyford, in the years 1665 and 1666, the whole ifland was put under law martial for many months together, in which time, by the inhabitants and their blacks, Fort-Charles was made clofe, which to that time wanted a whole line; and also a breast work at Port-Royal was built, with very fmall charge to your majesty.

In the time of fir Thomas Lynch, in the year 1673, the law martial was again fet on foot. Fort-James built by the contributions of your majesty's council and affembly, and feveral other your majefty's fubjects in this ifland, which amounted to a very confiderable fum of money; a breaft work thrown up at Old Harbour and feveral other places, and guns mounted and a platform laid at Port-Morant.

In the lord Vaughan's time, though there was no probability of war, yet he wanted not the trial of his power alfo in the militia, and our obedience to it; for he commanded out a company of the inhabitants in search of a Spanish barqua longa, who was faid to have robbed a floop belonging to this and upon the coaft of Cuba; he likewife, in favour of the royal comR

pan