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plaint In the petition of being denied a writ ol habeas corpus very unreasonable, because, by his entrance into recognizance to appear, he wa ; not continued in custody, and therefore needed no such writ. However I would willingly have delayed this proceeding until I bad obtained your majesty's particular orders therein, but distance of place and the conjuncture of affairs at that time would not admit of such delays, especially since I could not but think the peace of the island to be'in great danger if I had left him behind me. All which considerations, being seconded by a letter 1 received from Mr. Blaithwaite near my coming away, that the committee of plantations had resolved to report to your majesty in council that I might be directed to send him home, to answer what was laid to his charge, will I hope prevail with your majesty to approve of my proceedings in this matter.
As to the objection of taking money of one Hcwit fora pardon, which is only circumstantially alledged, 1 say, in answer thereunto, that I took no money directly nor. indirectly for granting the same; but, having been moved on behalf of the said Hewit, and having thereupon advised with some of the council about it, who told me they thought him a sit object of mercy, I did thereupon grant'him a pardon, and told him he would do well to give sifty 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 said sifty pounds was paid to captain Beckford one of the deponents, and not to me or any servant of mine, and afterwards paid by Beckford to colonel Molesworth, churchwarden of the saidparish, for the use aforesaid: and whereas it seems to be supposed that this sifty, pounds had been paid in lieu of sifty pounds subscribed by me towards the 'building of the said church, I wholly deny it, and lay, 1 always intended and stjll do to pay the sifty pounds I subscribed, which never had any •limited time, and will come as seasonably for the sinishing of it as the? rtber 'did for building the waifs.
T A COPY A Copy Op Long's Articles Presented Tc*
3d.—To prove the earl upheld ofsicers in action of fees; fee the oath <*f Beeston, also captain Wilspn's papers.
4th.—To prove the carl of Carlisle prefled the council to coin or stamp money; see captain Knapman's oath, also Samuel Nath's.
5th.—To prove taking of seizures; see the oath of Long concerning encouragement to privateers, also captain Wilson's papers, also Bceston's oath.
6th.—To prove the earl knew of pirates goods, and caused them to enter; see Eastaugh's oath, the astembly's address, and a vote in their journal, Peter Beckford's oath, S.'Nath's, Bceston's, S. Long's, J. Asliurst's, J. Bathurst's.
7 th.—To prove the access to the carl and his deciding some of their •disferences; see S. Long's oath, Beeston's, h. Nath's. My lord in council owned his seeing two of their captains who came to him by his leave.
8th.—To prove the earl encouraged the privateers, asserting they,did good and enriched the island; see S. Nath's oath, J. Bathurst's, fiecstou*^ And Long's.
To this article the earl hath not yet pretended any orders for imprisoning Samuel Long; whether he sent the address, or had orders to leave the island, is known to his majesty; besides what is proved, the earl .owned he had taken money for pardoning, in obedience to an order ot council. • The foregoing is presented by me Samuel Long.
d true copy,
THE THE EARL OF CARLISLE'S
ANSWER TO A CHARGE AGAINST HIM,
BIS MAJESTY IN COUNCIL, BY SAMUEL LONG.
Art. 1.— A S to my olfering a test, all I did therein was In regard of l\. the ditsiculty made in the assembly of submitting to the new model of government, directed by his majesty in council, and sent over by me; I therefore desired, sirst of the council in Jamaica, and afterwards of several who had been of the assembly, to declare by word of mouth, that they would submit and acquiesce to the said form of government until his majesty's surther pleasure should be known concerning the same.
Art. 2.—To the second article I answer, that three judges were removed, viz. Long, Barry, and Back. Long for the same reasons which induced me to bring him hither. Barry, was a young man, not bred to the law, a stiff opposer of any compliance with the king's orders, and would riever account for his quit-rents, and therefore unlikely to do his majesty rig*ht. Back- made it his own n quest to be discharged. The judges put in were colonel Theodore Cary and major Ncedham: colonel Cary is a very honest gentleman, hath a good estate, was a judge in that island several years, and colonel in the late king's army. Major Ncedham is a very honest gentleman, hath a very prosperous plantation, aud is of good parts and understanding.
Art. 3.—To the third article I answer, that I utterly deny that I did ever uphold any ofsicer in exacting unjustisiable sees, desiring whosoever complained that they would sue the ofsicer, there being a penalty to be recovered, imposed by the act that regulates them.
Art. 4.—To the fourth article I answer, there was no discourse of coining, only stamping s ome sigures upon pieces of silver of the weight and value of pieces of eight, to pass between traders, there being a great .Stant of money; but this cuded in discourse and was never put in execution.
T 2 As
As to what is alledged concerning some cocoa seized by Wilson the naval ofsicer,—it was seized not long after my arrival upon the island, and before there were complaints made to me of privateers; and what palled between* Wilson and me was to this esfect, that notwithstanding his alledging the prosit that would accrue to me by his seizure, 'I would not animate him to proceed to prosecution upon that account, but neither would nor did hinder him from prosecuting upon his own.
As to what is alledged against me for displacing Wilson the naval ofsicer for doing his duty,. I deny it; for, though it was in my power to displace when I woidd, yet till 1 found he was very unquiet with Mr. Martin the receiver of the customs, who holds his place by patent from the king, so that thereby his majesty's service 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 reasons I displaced him, and not for the causes alledged against me, nor was he removed until a considerable time after he had seized the cocoa before mentioned.
Art. 5.—Concerning encouragement to privateers.—First, taking olf seizures of privateers goods, to which I answer, and deny that I ever discharged any seizures for such goods. Next it is alledged against me,
- concerning causing privateers goods to be entered at the custom-house,—+ to which I answer, and deny that I did cause any luch goods to be entered, nor do I remember I was ever spoken to about entering of goods above twice or thrice; in one of which cases I did, in compassion to Dr. Eastaugh, who was a planter, write a letter to the ofsicer of the customhouse, because I was insormed it was an honest case; but the ofsicer took no notice thereof, but went to a trial at law for the lorteiture and was cast* as Eastaugh swears in his affidavit. And, in another case, viz. that men* tioned by Long, where he saith that one Pindre, purser of the Success frigate, brought the master of boats or vessels to me at sir Henry Morgan's, and that I allowed, declared, and ordered, the master to enter his cocoa and pay custom, and called the purser and other officers to acquaint them
. with my pleasure; the said Pindre hath positively sworn in his affidavits that he did not at that time bring any master of a vessel to me, and if I did speak any thingthere concerning entering of goods, I reser them to the Jung's officer of the customs, to whom I neither sent any message or directions concerning that matter.
As to what Beeston objects, that there were many privateers'In St. Jngct dc la Vega about February and March, 1619, and thalit were publicly id they were going to take Porto-Bello,—I answer, that there were oruers from time to time given out by me to all officers to seize' and apprehend what priv^eers they could sind, and 1 do affirm that I never directly on" indirectly knew of a design to tike Porto-Bello, but, if I had, would have done all I could to prevent it; and, if Beeston knew they were in those towns, and that the discourse of their design was so public as he says, it i\as his duty to have secured them and acquainted me therewith; for he was at that time lieutenant-colom 1 of the regiment at Port-Royal, chief judge of the court held there, and justice of the peace. As to what he says in his affidavit against me concerning Sharpe, I was willing to speak with him upon parole, that he should come and go sase, as I was at another time with one Coxon, supposing it might contribute to his majesty's service, by persuading them to come in by sair means, or for the better discovering their designs; and for Sharpe's men,the reason I did not apprehend them at that time was, lest I might alarm several other more notorious, whom I had hopes to seize upon; but I was to sar from giving them any Countenance, that I did very much reprove them, and, when I was free of my promise upon parole, I gave out particular orders to the officers of the island to make all diligent search for the said Sharpe by name, and for gil other privateers they could sind, and to apprehend them.
'Whereas the said Beeston, in his affidavit, fays, that one Cooke came in old cloaths, with whom 1 spoke;—it is true I saw him in a very poor con* dition, 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 said of a barge seized by him and several other things, 1 knew nothing of it.
As to what Ashurst says in his afsidavit, that I was often advised that the indigo was piratically taken, yet nevertheless permited to be entered, there was never any proof made tome of the truth of such advices as he calls them; if he knew it to be so, it was in his power to have seized upolj a third, being hjs if condemned.
As to the address of the assembly, 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 sea, to make all possible dispatch to 'sail