fail to the Keys of Cuba, upon intelligence that à privateer had newly taken a Dutch fhip there; which faid orders were ready before I heard any thing of the addrefs, but I told them, in anfwer to that, I would be the more fpeedy in difpatching the frigate to fea; which I did forthwith, and renewed my orders to all officers and others to feize privateers both at fea and on fhore.

NATHANIEL EASTAUGH, of Cabarito in Jamaica, gentleman, aged about fifty years, maketh oath that, in or about the month of October, in the year of our lord 1679, he bought of one Thomas Middleton and another man thirteen chefts of indigo; about eight or ten days after, Mr. Thomas Martin, the king's collector and receiver-general, having obtained an order from the earl of Carlisle to fearch for.and feize all the indigo he could find that was not entered to pay cuttom; and the faid Eaftaugh, fearing that the perfons whom he had bought the indigo of had not entered it, because the order particularly mentioned him, rode one hundred and forty miles to the cari or governor, to afk his advice what was beft to be done. The earl advised him to enter prefently. Eaftaugh defired the earl's letter to Martin, because Martin was known to give trouble to every man in anywife concerned with him in like kind. The earl did write to him accordingly; but Martin refused to admit the faid Eaftaugh to enter, nor would he take notice of the governor's letter, unless the said Eaftaugh would give him a bribe, viz. twenty fhillings per cheft, as this deponent understood from others that paid it; and alfo give under his hand to forgive the three pence per pound for exportation, as the act of this country provides. Eaftaugh upon this refolves to take care of his indigo, and to difpofe of it as foon as he could; but Martin, in the next February court, fues the faid Eaftaugh for the whole of the indigo in the king's name and in his own name. The court was of opinion that Eaftaugh was not the importer, nor the goods liable, unless feized; fo it went against the king. The May following, Martin caufed another action to be brought for the king against Eaftaugh for non-payment of the cuftoms, which he pretended Eaftaugh promifed to pay to Martin by a conditionał promife; fo the jury found for the defendant.

This depofition was taken this 9th day of June, before me, Robert Byndlofs, efq. chief justice of this island, Mr. Thomas Martin being then present.

THE depofition of Jonathan Afhurft, aged thirty-four years or there abouts, that captain Cooke told the faid deponent the whole ftory of his lofing his fhip, and taking a Spanith barque loaden with cocoa; but the faid deponent, not thinking he thould ever be called to teftity the fame, did not bear the fame fo particularly in mind. The fubftance was, that his men, after his lofs of his thip, having poffeffed themfelves of a Spanish barque loaden with cocoa without his knowledge, as he fard, they came to him and profered him a fhare if he would carry them up to Jamaica; accordingly he did, and fold his cocoa at Port-Royal, entering the fame at the custom-house; and, as I understood, imported it in floops belonging to the ifland from a near place to Port-Royal, and there burnt the barque, that it fhould never witnefs againft him.

The faid deponent understood that feveral parcels of Spanish indigo was Tanded in remote places of the ifland, fome of which the king's receiver, Mr. Martin, did feize. The lord Carlisle being afterwards advised it was particularly taken, the indigo was permitted to be entered at the customhoufe; upon which encouragement several hundred chefts of indigo were brought into Port-Royal. The faid deponent being at the houfe of the faid Thomas Martin when one was entering and paying money for cuttom of indigo, and with him came a man that told the whole ftory of taking the indigo from the Spaniards, and that indigo which was then entered had belonged to him, and that he was at the taking of the indigo,

The faid deponent faith he faw a man committed to prifon for burglary; and fome months after, feeing the fame man at liberty, the deponent a ked the juftice that committed him how the man was cleared; who told the deponent that the prifoner was fent for to the lord Carlisle from prison, and, after fome months working at the lord Carlifle's house, he was set at liberty.

SAMUEL LONG, of Jamaica, aged forty-two years or thereabouts, maketh oath that, in Jamaica, at the time of a feffion of an affembly, he, as one of the members of the council, was by the earl of Carlisle, governor, offered a test to this effect: Do you fubmit and consent to the frame of government as it is now established by his majesty's commiffion to the earl of Carlyle?

Carlife? to which the faid deponent refused to this effect: I have and ever will fubmit to authority, and have taken the oaths of allegiance and fupremacy, and fuppofe nothing more can be impofed on me, unless a test were lawfully made; but, if my confent and diffent fignified any thing, I then declared I would at all times and places convenient petition against the new and for the antient form of government, and alfo argue and give reafons to the purpose. Upon which anfwer, I was by the earl commanded to with draw, and was excluded from fitting as a councillor,

The faid deponent remembereth that the furveyor-general, Mr. Felgate, at the earl of Carlifle's, in his prefence, difcourfing of the rights of his patent, affirmed he might take higher fees than the act of the country allowed him; to which this deponent replied he would come under the penalties of the act if he did, and if he stood a trial on that point, doubtlefs he would be caft. The furveyor replied and faid, he would venture that, if any would conteft with him. And further, the deponent doth remember that in Jamaica there was a general murmuring and complaint against the faid furveyor-general and the king's receiver, but this deponent doth not remember the particulars, or that the faid earl ever examined or regulated any of the fees.

The faid carl, foon after his communicating to the council his majefty's pleasure, together with the report from fome officers of the mint, preffed the council to join in making an order to ftamp pieces of eight, having, as he affirmed, treated with a goldfmith of the terms, and being advised that amongst the French privateers there were divers pigs of filver and fome already brought to Jamaica; to which the council, and partcularly this deponent, replied that they neither durft nor would advise. him to break his majesty's inftructions fo lately received on that point; to which the faid earl replied, what hazard do you run, I will bear all the blame? to which this deponent replied, that could not be unless he did it without the confent or advice of the council; for, fhould it be done and ill taken in England, they doubted that, as other generals had laid their fault on the council or affembly, fo he to eafe himself would lay it on the council. Many other arguments were ufed on both fides, but the council would not be brought to confent; at which the faid earl fhewed a great deal of difscontent.

This deponent was once with the faid earl at fir Henry Morgan's at

Port

Port-Royal, where one Pindre, purfer to one of his majefty's frigates, came to the earl and acquainted him that he with the king's boat, as I remember, had seized a boat or veffel with fome cocoa and brought the mafter, whom he prefented to the earl of Carlile; who called the mafter to him, and carried him into a little clofet; and, after a very fhort time, the earl came out again with the mafter, and aloud declared that he ordered the mafter to enter his cocoa and pay cuftom, and called to the purfer and other officers to acquaint them with his pleasure; at which the purfer, who came as if he had done fome great matter, went away as feemingly abathed as the mafter pleafed.

This deponent was once at cards with the faid earl, his countefs, and others, when there came to the said earl about twenty perfons, with whom the faid earl went into the next room, leaving fomebody to play his cards. I overheard fo much of their bufinefs, the door being open, as I understood they were privateers that had brought in indigo or other plunder, and I believed they belonged to one Bartholomew Sharpe's crew; that, fomewhere about Jamaica as I think, one of the frigates coming near their veffel, fome that now complained run a-fhore or away for fear, declaring they had rather lofe their purchase than their lives; but, finding other ufage, they now claimed their fhare, which the others refufed to give them, alledging they had relinquifhed their right; this difference the earl heard and I believe decided, but what was his direction I do not know, in regard I ftill played and could not hear fo well the earl as the privateers, who were very loud; but they went away feemingly pacified and contented. I overheard, as I remember, an expreffion from the earl to this purpofe, when the difpute was hotteft:-If you will be unruly, I know how and have hampered as mad fellows as any of you; but if you will be orderly and governed you fhall be used like men. I have feen one captain Prince, who is faid to be a proclaimed pirate, with others faid to be privateers, leading each his woman by the faid earl as he fat in his coach viewing affairs; many of the council and affembly ftanding by the faid earl, making fome comment on them as they paffed. I perceived he both faw and knew who they were.

This deponent further faith, that the faid carl feveral times, and at fome times in the presence of four or five of the council, and at fometimes to other councillors, in my prefence, endeavoured to convince us of our error, as he called it, in affirming the privateers injured Jamaica

By bringing folen goods, thereby depreffing the planters goods, hinderings the path trade, weakening the island by taking off many of the bett men's minds from planting; the faid earl on the contrary affirming, that whatever the privateers brought to the island was fo much added to the riches of the ifland, and merchants by good bargains encouraged the men kept, who, if feverity were ufed,. would go to the French.

This deponent further faith, that when the affembly had addreffed the earl against privateers, he particularly defired his excellency to do as they defired, and informed that many or moft of the privateers were about the ifland; and if they were ftopped and fuch fecurity as by law I, thought might be taken for them and their veffels, it would be a great step to their fuppreffion.

This deponent further faith, that he hath not only petitioned the faid earl not to bring him per force, having no orders from his majefty, but alfo told him he was certain he fhould do him no kindnefs; for that if he were examined he mutt tell truth; and if ever he had opportunity he would give fuch account as by that time each governor had taken his due part of that laid to the people's charge, this deponent would undertake to bear the reft without reproach, or to that effect.

This deponent further faith, that he propofed to fwear to his own innocency as to what is laid to his charge about rafing the king's name, as alfo that in no public capacity whatever he had not done any unjuft, clandeftine, or evil, thing willingly or knowingly; and that if he thould be difproved he would fubmit to be punifhed as if perjured in a court of reward; or if the faid earl would offer any proof he would undertake by better to difprove it; and alfo told the faid earl, that he himself nor those that told him could not believe it themselves.

This deponent further faith, that he advifed the faid earl not to leave Jamaica without his majesty's orders, which he heard not, informing the faid carl that he heard it had like to have gone ill with my lord Vaughanfor want of positive orders, had not his royal highneffes letter brought him off.

This deponent further faith, that in his own houfe in Jamaica he had fome difcourfe with Thomas Martin, the king's receiver, about the pirates

and