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them, after the manner of the Windward islands; to assimilate the lawy to those here, and not take away any body's liberty or freehold, but by such or the like laws. He had a council like sir Charles Lyttleton, and called an assembly that re-enacted and enlarged his laws, aud raised x revenue by an impost on strong liquors, that was called the king's for the public use of the island,mentioned in the act. They were sent home, but' not being returned approved, he, by order of his council, continued them to.' the end of his government; which people readily enough obeyed, considering them as rather made by themselves than received from his council; for that governor had much more power than his successors, and, being well supported here and the colony young, and poor, nobody questioned any thing.
In 1671, sir Thomas Lynch came with the same commission and title os commander-in-chief, and instructions to the same purpose, and to encourage the colony. Soon after his arrival he called an assembly, that altered and enlarged sir Thomas Modyford's laws, passed the act of revenue t® the king, indesinite, for the island's use, mentioned by the act, and received by collectors which he nominated, and that the council approved of. Two years after, these laws not being consirmed, they were again re-enacted by the assembly, and then the revenue was made for two years, and all the officers to account to the governor or council, that the assembly or any particular persons might see the money was employed to needsul and public uses.
In March, 1675, my lord Vaughan arrived: his commission named" liis council, and directed he should call assemblies according to the custom of the isiand, which should be deemed the people's representatives, and were to make laws as the former governors to preserve property, and to give encouragement to planting. He called an.assembly that pasled all the former laws which were sent for England to be consirmed, except the act of revenue; and, not being returned at the twa years end, called another, which re-enacted the fame laws, but the act of revenue my lord rejected; and so my lord and the island were a year without revenue.
About two years, ago, the earl of Carlisle was sent governor with my lord Vaughan's sirst laws, and an act for a perpetual revenue, as they were modelled here'; which, as I have heard the council there was not 1 to *to ^ym'ne, but a genera! assembly to pass entirely; no assembly to b« e;:;!e<l but by order irom hence, or an extraordinary emergency, nor they never to deliberate on new laws or amendments, but sucb to be fiamerl by tbc council'there, aud thence remitted to his majesty; and alter his probation to be returned to be passed by a general assembly,. a<Vr the m:.nner of Ireland: which they have found so grievous and incor-uwient, that they rejected them, and made an address to my lord Cnrlitle to intercede with his majusty fora change ot those orders; which I hear my lords of his majesty's council have nnlwercd, and on their report his majesty has again ordered the same laws, and an act of revenue, to be returned and offered them; and, as I hear in discourse, they say they can never give their consents to- acts they have not deliberated, which seems contrary to the methods of government established by his .majesty** grace and several commissions, and practised for so many years, yet that they .will dutisully obey whatever his majesty orders; they seem to have ^ these following rea sons, as 1 gather by what some have writ from thence and others laid here:
1st.—That, being English, they have a right to be governed as such, and to have their liberty and property secured by the laws of England, or others of their own making.
2d.—They believe in that proclamation my lord Windsor carried over, the king is gracioufly pleased to grant freedom and denizen as encouragement to transport.
3d.—His majesty has been pleased, by his several commissions to his governors, to declare it; which commissions are recorded sor the people's satisiaction and encouragement; and they have tor sixteen or eighteen years been governed by laws of England.
4th.—All other colonies have and ever had assemblies, and their lawstake original from them*
5th.—They conceive the Irish way of making laws will be too tedious, j^ecatife of the vast distance and of the frequent changes of planters interests*
6th.«—They say that way was desired by the English to support them against tbc htihy but that they are all English, and the conquerors as
well *vdl as the planters of the sertile island, and that they pay hers above* ifixth of what they produce there.
Tth.—-That they sear a noise of any such change of government may make many desert the island, and the merchants here forbear trading.
8th.—If the king's commissions have appointed them there, and if they have been constituted in the colonies from their sirst'settlement sixty years ago as a goverement most just ana1 like this of England, then they .hope that they alone of all the colonies shall not be retrenched any the privileges natural to such assemblies;, but that, if particular persons have offended and caused this change, they sufser, and not the colony.
9th.—They hope his majesty will be pleased to consider that his interest, and that of trade, is :bo.und up with that of theirs; for it is the planters must desend and improve the colonies, and their agreeable laws will best make them do it.
Further considerations on the present state of the government: It is probable the assembly will reject the laws thus offered them. It is certain there is an absolute necessity for a revenue, for the public charges are great, and the doubts many. It is possible the council may join with my lord to order the laws for the government to be continued, but I verily believe they will not continue the revenue-bill; for that they think belongs particularly to the assembly, and if they cannot, it would not be without process, and I doubt the judges, Kc. would quit, and juries constantly give it against the ofsicers. It would be the same or worse if any order went hence to that purpose, and give strange umbragep to the rest of the colonies, that are under too many discouragements •already, by the cheapness of their commodities, the growth and trade of the French power, and the plantations seem more needsul now thatt formerly. Ajl which I humbly submit.
THE PETITION OF SAMUEL LONG, ESQ.
AGAINST THE EARL OF CARLISLE,
WITH THE EARL'S ANSWER THERETO.
THAT the earl of Carlisle, without any just cause, imprisoned your petitioner in Jamaica, and forced him hither to answer an aspersion os treason, as he pretended: by reason whereof your petitioner hath not only kistered in his reputation, but hath spent a considerablepart of his estate, and may be ruined by being forced from his interest: and whereas the said earl both resused to make your petitioner any satissaction, or to wave his privilege, although before your majesty's privy council, after your petitioner had answered his charge there given* he contested your petitioner was an honest man in hils stealings, a just judge and one that had been and might be very usesul to his country; and whereas your petitioner hath been already denied a habeas corpus by the said earl, as chancellor, and* by the chief justice of Jamaica; so that from, .the said earl or any minister under him your petitioner-can expect nothing but evil, and it may be his total ruin, unless your majesty graciously be pleased to commiserate your poor petitioner; wherefore he most humbly easts himself at your majesty's feet, hoping you will not suffer him to be spoiled of his credit or estate, but provide such remedy as to your great wisdom may^ seem sit; and your petitioner, as in duty bound, shall ev;cr pray. A true-copy.
The Eaih. Op Carlisle's Answer To Lon-s's Petition-:
YOUR majesty and council did think sit to direct a new model for the bet er settlement of the laws and government of the island of Ja«maica> with instructions to me to put the fame iu execution at my arrival
there, for-the effecting thereof: I did consult those that were in the chiesest -employments in the island, particularly lieutenant-colonel Lo-.g, whom I.sound chief-justice, also of the council; but, instead of his compliance, which I had reason to expe ct, lie did not only declare himself very opposite to those your majesty's directions, but continued violently to persevere therein, and by all the artisices and instigations he could use did persuade and encourage others to his opinion, notwithstanding his promise to me of contrary behaviour; and therefore he may be well aslured the character, \v;hich he says in his petition I gave him, did not respect him as a public but as a private man; for he proved himself a great instrument to render that settlement inefsectual, which your majesty ia council had directed, and pressed upon me by repeated orders. I did for some time hope to reclaim him by sair means, but, perceiving his temper very little wrought upon by such kind methods, and moreover observing, upon the perusal of the bill in my lord Vaughan's time, that yofir majesty's name had been rased out, and the bill afterwards interlined, which the council unanimously declared was sairly inserted when it passed them, and there being an interline in the bill, and owned by lieutenant-colonel Long to be written with his own hand, but would not consess who rased out your majesty's name; this inclined me to believe it was himself, and the rather because, when he was clerk of the assembly in the time of sir Thomas Modyford being governor, he did persuade and endeavour as much as lay in his power to have his majesty's name left out of a bill which was then passed; for which he was laid by the heels. All which, together with his practices when he was chief-justice, particularly in granting a writ of habeas corpus on behalf of one Brown a condemned pirate, for whose execution the marshal had a legal warrant: But the assembly, by the said lieutenant-colonel Long's instigations, as 1 was informed, did much espouse his manner of proceeding; that pursuant to\ vote of theirs one lieutenant-colonel Beeston, who was their speaker, iigned a reprieve for Brown, and commanded obedience to their writ, which was done in so disorderly a manner that the governor thought sit to dissolve the assembly. Those just complaints against him gave me reason to observe his ill carriage and temper the more cautioufly, and upon the whole did believe those matters very punishable in England, with your majesty's gracious power to remit them; whereupon, I divested him cf all public employments, and thought it was adviseable to appeal to your majesty's council to do therein as you shall see sit, and took recognizance of the said Long to appear before you, which renders the con*