plaint in the petition of being denied a writ of habeas corpus very unreafonable, becaufe, by his entrance into recognizance to appear, he was not continued in cuftody, and therefore needed no fuch writ. However I would willingly have delayed this proceeding until I had obtained your majefty's particular orders thercin, but diftance of place and the conjuncture of affairs at that time would not admit of fuch delays, cfpecially fince I could not but think the peace of the island to be in great danger if I had left him behind me. All which confiderations, being feconded by a letter I received from Mr. Blaithwaite near my coming away, that the committee of plantations had refolved to report to your majefty in council that I might be directed to fend him home, to answer what was laid to his charge, will I hope prevail with your majefty to approve of my proceedings in this matter.

As to the objection of taking money of one Hewit for a pardon, which is only circumftantially alledged, I fay, in anfwer thereunto, that I took no money directly nor indirectly for granting the fame; but, having been moved on behalf of the faid Hewit, and having thereupon advifed with fome of the council about it, who told me they thought him a fit object of mercy, I did thereupon grant him a pardon, and told him he would do well to give fifty pounds towards building the church at PortRoyal, which was then in hand, but was delayed for want of money to carry it on; and the faid fifty pounds was paid to captain Beckford one of the deponents, and not to me or any fervant of mine, and afterwards paid by Beckford to colonel Molefworth, churchwarden of the faidparith, for the ufe aforefaid: and whereas it feems to be fuppofed that this fifty. pounds had been paid in lieu of fifty pounds fubfcribed by me towards the building of the faid church, I wholly deny it, and fay, I always intended and ftill do to pay the fifty pounds I fubfcribed, which never had any limited time, and will come as feasonably for the finishing of it as the sther did for building the walls.

A COPY OF LONG's ARTICLES PRESENTED TO

1ft.

HIS MAJESTY IN COUNCIL,

JANUARY 18, 1681.

ft.-To prove the earl of Carlife impofed a teft; fee the oath of Samuel Long, colonel Beefton, Mr. Bathurst.

2nd. To prove judges turned out-none have fworn, but the witnesses can if denied, and prove the naval officer turned out for doing his duty.

3d.-To prove the earl upheld officers in action of fees; fee the oath of Beefton, alfo captain Wilfon's papers.

4th. To prove the earl of Carlifle preffed the council to coin or ftamp money; fee captain Knapman's oath, alfo Samuel Nath's.

5th.-To prove taking of feizures; fee the oath of Long concerning en couragement to privateers, alfo captain Wilfon's papers, alfo Beefton's oath.

6th. To prove the earl knew of pirates goods, and caufed them to enter; fee Eattaugh's oath, the aflembly's addrefs, and a vote in their journal, Peter Beckford's oath, S. Nath's, Beefton's, S. Long's, J. Afhurit's, J. Bathurst's.

7th.-To prove the accefs to the earl and his deciding fome of their differences; fee S. Long's oath, Beefton's, 5. Nath's. My lord in council owned his fecing two of their captains who came to him by his leave.

8th. To prove the earl encouraged the privateers, afferting they did good and enriched the ifland; fee S. Nath's oath, J. Bathurst's, Becfton and Long's.

To this article the earl hath not yet pretended any orders for imprifoning Samuel Long; whether he fent the addrefs, or had orders to leave the ifland, is known to his majefty; befides what is proved, the earl owned he had taken money for pardoning, in obedience to an order of council. The foregoing is prefented by me Samuel Long.

THE EARL OF CARLISLE's

ANSWER TO A CHARGE AGAINST HIM,

EXHIBITED TO

HIS MAJESTY IN COUNCIL, BY SAMUEL LONG.

ART. 1.

S to my offering a teft, all I did therein was in regard of the difficulty made in the affembly of fubmitting to the new model of government, directed by his majesty in council, and fent over by me; I therefore defired, firft of the council in Jamaica, and afterwards of feveral who had been of the affembly, to declare by word of mouth, that they would fubmit and acquiefce to the faid form of government until his majefty's further pleasure fhould be known concerning fame.

the

ART. 2.-To the fecond article I anfwer, that three judges were removed, viz. Long, Barry, and Back. Long for the fame reafons which induced me to bring him hither. Barry. was a young man, not bred to the law, a ftiff oppofer of any compliance with the king's orders, and would never account for his quit-rents, and therefore unlikely to do his majesty right. Back made it his own request to be difcharged. The judges put in were colonel Theodore Cary and major Needham: colonel Cary is a very honeft gentleman, hath a good eftate, was a judge in that ifland feveral years, and colonel in the late king's army. Major Needham is a very honeft gentleman, hath a very profperous plantation, and is of good parts and understanding.

ART. 3.-To the third article I anfwer, that I utterly deny that I did ever uphold any officer in exacting unjustifiable fees, defiring whofoever complained that they would fue the officer, there being a penalty to be recovered, impofed by the act that regulates them.

ART. 4.-To the fourth article I anfwer, there was no difcourfe of coining, only ftamping fome figures upon pieces of filver of the weight and value of pieces of eight, to pafs between traders, there being a great want of money; but this coded in difcourfe and was never put in execution.

As to what is alledged concerning fome cocoa feized by Wilfon the naval officer,—it was feized not long after my arrival upon the island, and before there were complaints made to me of privateers; and what pafled between Wilfon and me was to this effect, that notwithstanding his alledging the profit that would accrue to me by his feizure, 'I would not animate him to proceed to profecution upon that account, but neither would nor did hinder him from profecuting upon his own.

As to what is alledged against me for difplacing Wilfon the naval officer for doing his duty, I deny it; for, though it was in my. power to displace when I would, yet till I found he was very unquiet with Mr. Martin the receiver of the cuftoms, who holds his place by patent from the king, fo that thereby his majefty's fervice was very much prejudiced and delayed, I did not remove him; moreover he was accused to me of prevaricating his oath upon a trial before the judges of the admiralty; and only for these three reafons I displaced him, and not for the causes alledged against me, nor was he removed until a considerable time after he had feized the cocoa before mentioned.

ART. 5.-Concerning encouragement to privateers.-First, taking off feizures of privateers goods, to which I anfwer, and deny that I ever difcharged any feizures for fuch goods. Next it is alledged against me, concerning caufing privateers goods to be entered at the custom-house, to which I anfwer, and deny that I did caufe any fuch goods to be entered, nor do I remember I was ever fpoken to about entering of goods above twice or thrice; in one of which cafes I did, in compaffion to Dr. Eaftaugh, who was a planter, write a letter to the officer of the customhoufe, because I was informed it was an honeft cafe; but the officer took no notice thereof, but went to a trial at law for the forfeiture and was caft, as Eaftaugh fwears in his affidavit. And, in another cafe, viz. that mentioned by Long, where he faith that one Pindre, purfer of the Success frigate, brought the matter of boats or veffels to me at fir Henry Morgan's, and that I allowed, declared, and ordered, the matter to enter his cocoa and pay cuftom, and called the purfer and other officers to acquaint them with my pleasure; the faid Pindre hath pofitively fworn in his affidavit, that he did not at that time bring any mafter of a veffel to me, and if I did fpeak any thing there concerning entering of goods, I refer them to the king's officer of the customs, to whom I neither fent any message or directions concerning that matter.

As

As to what Beefton objects, that there were many privateers in St. Jaga de la Vega about February and March, 1679, and that it were publicly id they were going to take Porto-Bello,--I anfwer, that there were orders from time to time given out by me to all officers to feize and apprehend what privateers they could find, and I do affirm that I never directly or indirectly knew of a design to take Porto-Bello, but, if I had, would have done all I could to prevent it; and, if Beetton knew they were in those towns, and that the difcourfe of their defign was fo public as he fays, it was his duty to have fecured them and acquainted me therewith; for he was at that time lieutenant-colonel of the regiment at Port-Royal, chief judge of the court held there, and justice of the peace. As to what he fays in his affidavit againft me concerning Sharpe, I was willing to fpeak with him upon parole, that he fhould come and go fafe, as I was at another time with one Coxon, fuppofing it might contribute to his majefty's fervice, by perfuading them to come in by fair means, or for the better dif- covering their defigns; and for Sharpe's men, the reason I did not apprehend them at that time was, left I might alarm feveral other more notorious, whom I had hopes to feize upon; but I was fo far from giving them any countenance, that I did very much reprove them, and, when I was free of my promife upon parole, I gave out particular orders to the officers of the island to make all diligent fearch for the faid Sharpe by name, and for all other privateers they could find, and to apprehend them.

Whereas the faid Beefton, in his affidavit, fays, that one Cooke came in old cloaths, with whom I fpoke;-it is true I saw him in a very poor condition, telling me he had been twice undone, which made me believe he came to present himself to me as an object of charity, being accounted at that time an honest poor man; but, as to what he faid of a barge seized by him and feveral other things, I knew nothing of it.

As to what Afhurft fays in his affidavit, that I was often advised that the indigo was piratically taken, yet nevertheless permited to be entered, there was never any proof made to me of the truth of fuch advices as he calls them; if he knew it to be fo, it was in his power to have feized upon a third, being his if condemned.

As to the addrefs of the affembly, which was made to me to prevent privateering, I had prepared my orders to the captain of the Success frigate, the Hunter being then at fea, to make all poffible difpatch to

fail