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pany, commanded out to sea two vessels with a company of the militia and their captain from Port-Royal, to seize an interloper riding in one of your majesty's harbours, and there by lorce seized her.
In the time of sir Henry Morgan being commander-in-chief, we were again put under martial law; in which time Fort Rupert, Fort Carlisle* and a new line at Fort James, were built.
Lastly, in his excellency the earl of Carlisle's time, our present governor, the law martial was again put in force for above three months; in which time Fort Morgan with its platform, and another line at Fort James, and the breast work reinsorced very considerably in thickness and heighth, and new carriages were made for the guns, those that came out of England not being sit for land service; all which fortisications are substantially built with stone and brick, wholly at the charge and labour of the country; neither have we ever been wanting in duo respect to your majesty's governors, the militia having always waited on them to church, in their progresses and all public occasions; and we may sasely affirm with truth, that no militia in your majesty's dominions undergo the like military duty as your majesty's subjects in Jamaica, as is evident to all men that ever set foot in Port-Royal, which cannot be distinguished from a garrison cither in peace or war, but by their not being paid for their service.
Secondly, to answer their lordships objections to the bill of revenue,, wherein your majesty's name-was left out: there are several members of the assembly now sitting, that were members when that bill pasled three times in form in the assembly, and, upon the best recollecting of their memories, they are sully persuaded and do believe the bill was again sent down with that amendment from the governor and council, according as it palled at the last; but, should it have risen in the assembly, they are very unsortunate if they bear the censure of all mistakes that niay happen in presenting laws to be pasled, when both the council and governor have their negative voices, which had either of them made use of in this point would have been readily consented to by the assembly, as they had formerly done, both under the government ofsir Thomas Modyford and iir Thomas Lynch, before whole time it had been raised without mentioning your majesty's name, and that without check; and we always concluded the governor's name in the enacting part to be of the same efsect as your majesty's it in England, whom he iu this particular seems rather
~ i.9 to personate than represent. For which reasons, we hope, It ought not lo have been imputed to the assembly as their crime• altogether, being consented unto by your majesty's governor, without any debate, and all applied by the act whereby it was raised to the very same public use vour majesty directs; and we arc certain no instance can be given of any money disposed os to any private use, but was always issued by the governor's warrant, for the payment ot-his own and other general officers salaries in this island, with some small contingent chargesosthe government.
Their lordships also afsirm, that the assembly ofsered this bill, in the same measure and proportion as it is now proposed, unto sir Thomas Lynch: in which their lordships are misinsormed; for your majesty's instructions were, that the laws should be in force for two years and no longer, which their lordships also acknowledge in the prior part of the report; so that the assembly needed not to have expressed any time* and the particular uses therein appointed: but had their lordships known howgreat sums of money have been raised here, and how small.a part hath
. been applied to your majesty's service for the desence and strengthening the island, we humbly conceive their lordships would have been of
. opinion, that we have no reason to bar ourselves to perpetuity, and pass the said act without limitation of ulcs or time; nor can we be so presumptuous as to imagine your majesty can be hindered from making such use of your own money as you shall think sit, and apply it where you think most necestary.
Thirdly and fourthly, it is very true the laws contain many and great errors, which their lordships may see by the aslembly's journal; so that were the assembly as much petitioners to your majesty for this new form as they are to be.restored to their old, above half the body of these laws, without amendments, would never be reasonable to pass. As, to instance some fe\v amongst many: First, in the act for preventing damages by sire, any single justice of the peace hath power of lise and death: Secondlv, and the act of the militia impowers the governor and council to lay a tax on the whole island: Thirdly, and in the act directing the marshal's proceedings, there is a clause that makes it selony for any person to conceal his own goods, left in his own possession, after execution levied by that law, so that a man may be hanged for being poor, which, though incon
. venient, was never till then accounted capital; with many others too long to be repeated. And whereas their lordmips are pleased to say,
, ihat there is nothing imperfect or desective in these bills transmitted
R t hither; MtTier: yet we humbly conceive, that no notice being taken 'in this body ©f laws how or in what nature we are to make use of the laws of England, either as they have reserence to the preservation of your majesty's prerogative or the subjects rights, we ought not in reason therefore to conr sent to those bills; for, nothing appearing to the contrary, the governor is left, -ad libitum, to.use -or resuse as sew or as many as he pleases, and suit with his occasions; there being no directions in them how to proeeed according to the laws of England, either in causes criminal or testamentary, and in many other cases which concern the subject both in lise and estate. Fifthly, we conceive also, that, whatsoever is said to the ton trary by their lordships, in answer to the distance of places, this very last experiment is sufficiently convincing ol the truth of that allegation; it being a year since this model came over and was debated before their lordship's report came back, notwithstanding one of the advices went home by an express. And, whereas their lordships say we cannot be subject to more accidents than your majesty's kingdom of Ireland: To that we object, that advices and answers thence may be had in ten or fourteen days, and that kingdom is already settled, and our plantation but begining: And surther we cannot imagine that Irish model of government was in principio ever intended for Englishmen: Besides, their lordship's cannot but know, that that model was introduced amongst them by a law made by themselves in Ireland, and so consequently bound them, which being now generally known to all those who remove thither, they have no reason to repine at, that being their own choice to live under it or stay away from it, and was made for the preservation of English against the Iriih faction. As there is not the same cause, so there is not the same reason, for imposing the same on us, unless we, as they did, do it ourselves, who are all your majesty's natural born subjects of your kingdom of England: which is the reason the parliament give, in all their acts which concern the plantations, for obliging us by them to what, and with whom, and in what manner, we may trade, and impose a tax on us here in case of trade from one colony to another; and it is but equity then, that the same law should have the same power os loosing as binding. Sixthly, your majesty giving power on urgent occasions to raise money the old wayt only secures your majesty's officers their salaries, which else they had been disappointed of; the act of the militia, which was heretofore consented to, ever providing, that, on alarm or invasion, the commander-in-ehief mall have unlimited power over all persons, estates, and things, necessary on such urgencies. Seventhlv, as to the seventh, the ail'srn >ly sav, th v never desired any power but what your majesty's governors disured thf"M was their birth right?, and what they supposed your majesty*s most gracious proclamation allowed them: also yonr majesty \va«graciously pleased to write a letter to your governor sir Thomas Lynch, after the double trial of one Peter Johnson, a pirate, signifying your dislike that any thing should be done that shoulel cauic any doubt in your subjects, of not enjoying all the privileges of your subjects of your kingdom ef England, or to that effect. But as to the obstructing of justice against Brown, a pirate, what they did, though not justisiable in the manner, was out of an. assurance, that there was no law in force here to declare the lord chancellor's power in England, and our chancellor's here equal, in granting commissions in pursuance os the statute of Henry VIII. which also your majesty and council perceiving, have, in this new body of law?, sent one to supply that want: And if they, not medling wilh the merits of the cause, endeavoured to prese rve the form of justice, and justice itself, and after denial of several petitions, joined with the council, were led beyond their duty (for which they were sharply reprimanded by the then governor) they do hope for and humbly beg your majesty's pardon. And, as for the act by which he came in, it arose not in the aiiembly; but was sent from the council, to be consented unto by them, which was accordingly done.— And as to the imprisonment of Mr. Thomas Martin, one of their members, for taking out process in chancery in his own private concern, against several other members, and one of the council, the assembly then sitting, and for other misdemeanours and breach of the rules of the house: they hope it is justisiable, your majesty's governor' having assured them, that tliey had the lame power over their members which the house of commons have, and all speakers here praying, and the governors granting, the usual petitions of speakers in England. Eighthly, seeing the governor hath power to turn out a councillor, and turning out incapacitates him from being an aiiembly man, no councillor dares give his opinion against the governor, under danger of less penalty than losing that which he thinks his birthright: also, a governor being chancellor, ordinary, and admiral, joined with his military authority, lodges so great power in him, that bring united and executed in one person makes him totum in quulibct parte9 so that he may at any time invalidate any thing done under his own commission. Ninthly, there is no doubt but, by this new way, it is in the aste mbly's power to consent to and perpetuate such laws as are wholly of beiu sit to them, and leave unpassed all that may be thought of benefit to your majesty; which advantage, they not laying hold on, hope it will be an evidence that they are caresul of your majesty's pierogative, a& il ii tlxti duty oi every good lubject to lo be. It is without controversy,
that lint she old form os government, which was drdered so much like VM!f majesty's kingdom of England, must of consequence be of greater enc <uragement to all your majesty's subjects, as well as strangers, lo remove themselves hither. Upon your majesty's gracious proclamation, in my lord Windsor's time, and by those gracious instructions given to sir Thomas Modyford, all or most part of the sugar plantations have been settled; and the major part of the said planters, being such who arrived here and settled upon the general liking of the model sirst constituted, and in belief that they lost not any of the privileges of your majesty's subjects of your majesty's kingdom of England by their removal hither, and having by no act, as we believe, either provoked your majesty or forseited our rights, or ever desiring or attempting to lessen or question your majesty's prerogative, the preservation whereof we ever esteemed the best means of preserving our own privileges and estates, we shall presume to hope for the continuation of your majesty's savours, which it is impossible for us ever to forget. And whereas their lordships arc pleased to offer their advice to your majesty, to surnish your governor with such powers as were formerly given to colonel Doyley and others, in whose time the then accounted army-was not disbanded, but so continued to the lord Windsor's arrival, who brought over your majesty's royal donative, and order to settle the civil government: We hope their lord fin ps intend not that we are to be governed by or as an army, or that the governor be impowered to Jay any tax by himself and council; since your majesty, having discharged yourself and council, by an act of parliament, of any such power over any os your subjects of your kingdom of England, as we undoubtedly are, it will be very hard to have any imposition laid on us, but by our own consents; for their lordships well know tiiat no derived ppwer is greater than the primitive. However, if yoiir most gracious majesty shall not think sit to alter this model, but that we are to be governed by the governor and council, according to their lordships adv ice, yet we humbly beseech your majesty to do us the grace to believe, that we are so sensible of our duty and allegiance, that our submission to, and comportment under, your majesty's authority, shall be such as, that, we hope, you, in your due time, will bc'gracioufiy pleased to restore unto us our antient form of government, under which it hath pleased God hitherto to prosper us: Ending with our hearty prayers for your majesty's pardon of all our errors and mistakes, and a gracio.us interpretation of this our answer, protesting, from the bottom of our hearts, that we arc and resolve to live and die your majesty's true, loyal, and obedient, subjects,