pany, commanded out to fea two veffels with a company of the militia and their captain from Port-Royal, to feize an interloper riding in one of your majefty's harbours, and there by force feized her.

In the time of fir 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.

Laftly, in his excellency the earl of Carlifle's time, our prefent 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 breaft work reinforced very confiderably in thickness. and heighth, and new carriages were made for the guns, thofe that came out of England not being fit for land fervice; all which fortifications are fubftantially built with ftone and brick, wholly at the charge and labour of the country; neither have we ever been wanting in due refpect to your majefty's governors, the militia having always waited on them to church, in their progreffes and all public occafions; and we may fafely affirm with truth, that no militia in your majefty's dominions undergo the like military duty as your majefty's fubjects in Jamaica, as is evident to all men that ever fet foot in Port-Royal, which cannot be diftinguifhed from a garrifon cither in peace or war, but by their not being paid for their fervice.

Secondly, to answer their lordships objections to the bill of revenue, wherein your majetty's name was left out: there are feveral members of the affembly now fitting, that were members when that bill paffed three times in form in the affembly, and, upon the beft recollecting of their memories, they are fully perfuaded and do believe the bill was again sent down with that amendment from the governor and council, according as it pafled at the laft; but, fhould it have rifen in the affembly, they are very unfortunate if they bear the cenfure of all miftakes that may happen in prefenting laws to be paffed, 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 confented to by the affembly, as they had formerly done, both under the government of fir Thomas Modyford and fir Thomas Lynch, before whofe time it had been raifed without mentioning your majefty's name, and that without check; and we always concluded the governor's name in the enacting part to be of the fame effect as your majesty's is in England, whom he in this particular feems rather

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to perfonate than reprefent. For which reafons, we hope, it ought not to have been imputed to the aflembly as their crime altogether, being confented unto by your majefty's governor, without any debate, and all applied by the act whereby it was raifed to the very fame public ufe your majefty directs; and we are certain no inftance can be given of any money difpofed of to any private ufe, but was always iffued by the governor's warrant, for the payment of his own and other general officers falaries in this ifland, with fome fmall contingent charges of the government.

Their lordships alfo affirm, that the affembly offered this bill, in the fame meafure and proportion as it is now propofed, unto fir Thomas Lynch: in which their lordships are mifinformed; for your majefty's inftructions were, that the laws fhould be in force for two years and no longer, which their lordships alfo acknowledge in the prior part of the report; fo that the affembly needed not to have expreffed any time, and the particular uses therein appointed: but had their lordships known how great fums of money have been raifed here, and how fmall a part hath been applied to your majesty's fervice for the defence and ftrengthening the island, we humbly conceive their lordships would have been of opinion, that we have no reafon to bar ourselves to perpetuity, and pafs the faid act without limitation of ufes or time; nor can we be fo prefumptuous as to imagine your majefty can be hindered from making fuch ufe of your own money as you shall think fit, and apply it where you think most neceffary.

Thirdly and fourthly, it is very true the laws contain many and great errors, which their lordships may fee by the affembly's journal; fo that were the affembly as much petitioners to your majefty for this new form as they are to be.reftored to their old, above half the body of thefe laws, without amendments, would never be reasonable to pass. As, to instance fome few amongst many: First, in the act for preventing damages by fire, any fingle juftice of the peace hath power of life and death: Secondly, 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 felony for any perfon to conceal his own goods, left in his own poffeffion, after execution levied by that law, fo that a man may be hanged for being poor, which, though inconvenient, was never till then accounted capital; with many others too long to be repeated. And whereas their lordships are pleased to fay, that there is nothing imperfect or defective in thefe bills tranfmitted

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hither;

hither: yet we humbly conceive, that no notice being taken in this body of laws how or in what nature we are to make use of the laws of England, either as they have reference to the prefervation of your majesty's prerogative or the fubjects rights, we ought not in reason therefore to con fent to those bills; for, nothing appearing to the contrary, the governor is left, ad libitum, to use or refufe as few or as many as he pleates, and fuit with his occafions; there being no directions in them how to proceed according to the laws of England, either in caufes criminal or teftamentary, and in many other cafes which concern the fubject both in life and eftate. Fifthly, we conceive also, that, whatsoever is faid to the contrary by their lordships, in anfwer to the distance of places, this very last experiment is fufficiently convincing of the truth of that allegation; it being a year fince this model came over and was debated before their lordship's report came back, notwithstanding one of the advices went home by an exprefs. And, whereas their lordships fay 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 fettled, and our plantation but begining: And further we cannot imagine that Irifh model of government was in principio ever intended for Englishmen: Befides, their lordship's cannot but know, that that model was introduced amongst them by a law made by themselves in Ireland, and fo confequently bound them, which being now generally known to all those who remove thither, they have no reafon to repine at, that being their own choice to live under it or stay away from it, and was made for the prefervation of English against the Irish faction. As there is not the fame caufe, fo there is not the fame reason, for imposing the fame on us, unless we, as they did, do it ourselves, who are all your majesty's natural born fubjects of your kingdom of England: which is the reafon 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 impofe a tax on us here in cafe of trade from one colony to another; and it is but equity then, that the fame Jaw fhould have the fame power of loofing as binding. Sixthly, your majefty giving power on urgent occafions to raife money the old way, only fecures your majefty's officers their falaries, which elfe they had been difappointed of; the act of the militia, which was heretofore confented to, ever providing, that, on alarm or invasion, the commander-in-chief thall have unlimited power over all perfons, eftates, and things, neceffary on fuch urgencies. Seventhly, as to the feventh, the affem ly fay, they never defired any power but what your majesty's governors difured the a n

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was their birth rights, and what they fuppofed your majefty's most gracious proclamation allowed them: alfo your majefty was gracioufly pleated to write a letter to your governor fir Thomas Lynch, after the double trial of one Peter Johnfon, a pirate, fignifying your diflike that any thing fhould be done that thould caufe any doubt in your fubjects, of not enjoying all the privileges of your fubjects of your kingdom of England, or to that effect. But as to the obftructing of juftice againft Brown, a pirate, what they did, though not justifiable in the manner, was out of an affurance, 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 commiffions in purfuance of the itatute of Henry VIII. which also your majefty and council perceiving, have, in this new body of laws, fent one to fupply that want: And if they, mot medling with the merits of the caufe, endeavoured to preferve the form of juftice, and juftice itself, and after denial of feveral petitions, joined with the council, were led beyond their duty (for which they were tharply 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 arofe not in the affembly, but was fent from the council, to be confented unto by them, which was accordingly done.And as to the imprifonment of Mr. Thomas Martin, one of their members, for taking out procefs in chancery in his own private concern, against several other members, and one of the council, the affembly then fitting, and for other misdemeanours and breach of the rules of the house: they hope it is juftifiable, your majefty's governor having affured them, that they had the fame power over their members which the house of commons have, and all fpeakers here praying, and the governors granting, the usual petitions of speakers in England. Eighthly, feeing the governor hath power to turn out a councillor, and turning out incapacitates him from being an affembly man, no councillor dares give his opinion against the governor, under danger of lefs penalty than lofing that which he thinks his birthright: alfo, a governor being chancellor, ordinary, and admiral, joined with his military authority, lodges fo great power in him, that being united and executed in one perfon makes him totum in qualibet parte, fo that he may at any time invalidate any thing done under his own commiffion. Ninthly, there is no doubt but, by this new way, it is in the . aflembly's power to confent to and perpetuate fuch laws as are wholly of benefit to them, and leave unpaffed all that may be thought of benefit to your majefty; which advantage, they not laying hold on, hope it will be an evidence that they are careful of your majefty's pierogative, as it is the duty of every good fubject to to be. It is without controverfy,

that

that the old form of government, which was ordered fo much like your majefty's kingdom of England, mult of confequence be of greater enc›uragement to all your majefty's fubjects, as well as ftrangers, to remove themselves hither. Upon your majefty's gracious proclamation, in my Jord Windfor's time, and by thofe gracious inftructions given to fir Thomas Modyford, all or moft part of the fugar plantations have been fettled; and the major part of the faid planters, being fuch who arrived here and fettled upon the general liking of the model first conftituted, and in belief that they loft not any of the privileges of your majesty's fubjects of your majesty's kingdom of England by their removal hither, and having by no act, as we believe, either provoked your majcity or forfeited our rights, or ever defiring or attempting to leffen or queftion your majefty's prerogative, the prefervation whereof we ever efteemed the beft means of preferving our own privileges and eftates, we fhall prefume to hope for the continuation of your majesty's favours, which it is impoffible for us ever to forget. And whereas their lordships are pleased to offer their advice to your majefty, to furnish your governor with fuch powers as were formerly given to colonel Doyley and others, in whofe time the then accounted army was not difbanded, but fo continued to the lord Windfor's arrival, who brought over your majefty's royal donative, and order to fettle the civil government: We hope their lordships intend not that we are to be governed by or as an army, or that the governor be impowered to lay any tax by himself and council; fince your majefty, having difcharged yourfelf and council, by an act of parliament, of any fuch power over any of your fuisjects of your kingdom of England, as we undoubtedly are, it will be very hard to have any impofition laid on us, but by our own confents; for their lordships well know that no derived power is greater than the primitive. However, if your moft gracious majesty shall not think fit to alter this model, but that we are to be governed by the governor and council, according to their lordships advice, yet we humbly befeech your majefty to do us the grace to believe, that we are fo fenfible of our duty and allegiance, that our fubmiffion to, and comportment under, your majefty's authority, fhall be fuch as, that, we hope, you, in your due time, will be graciously pleafed to restore unto us our antient form of government, under which it hath pleased God hitherto to profper us: Ending with our hearty prayers for your majesty's pardon of all our errors and mistakes, and a gracious interpretation of this our answer, protesting, from the bottom of our hearts, that we are and refolve to live and die your majesty's true, loyal, and obedient, fubjects.

DECIMA