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Ibcing naturally subject to all casualties; we therefore 'fee In all places where it is freest there is greatest, and those that take, away the merchants hopes, cramp all their designs, for hope is as necessary for the barter of this world as for that which is to come; but need say no more, we agree in the end, which is to have negroes, and disser in the way to it; for, as you will chcarsully humble to what the king orders, so shall I readily assent to whatever vou shall advise or propose to me in it. Your declaratory law, gentlemen, is suppressed, as you may see, by the orders that speak the thing, but do not give the reason of it; for my part, I cannot comprehend v hv some have 'so violently afsected it, since we are all English, and n'.b )dv has denied us any native right, and that the king's dominion ispeitonal as well as local; so we may, without ofsending his majesty, claim suitable laws and protections, which all the world mutt consess we now have. 1 suppose .none of you ever heard that any of the other colonies pretend to garble, and cull the laws of English war. Can you imagine the ministers would permit it, and pray would you take all the laws of England together? Would they not, like the Romans, spoil, depress, and stifle, that iilly criminal that coveted them? What if in disorderly times, and under a weak ministry, any thing has been wrested from the king that impedes the exercise of his just authority; you are too prudent, too dutisul, to expect he should transser the margin oi it to another world; and, consider, does not reason tell us now what Aristotle long since told the world, and he was born a Greek, bred a philosopher, that js, he was a wise man in the country of liberty, yet said, bonus rex pre* Je endus optimus legibus, that a good king is preserable to the best laws, there being much more in the execution than in the precept. The Roman story seems to consirm this, for we read in it, the world was easy under Augustus, Titus, Trajan, and those other just and wise princes, yet their wills were edicts. In sacred story we read, the Israelites were miserable, and all utterly and eternally extinguished, under their ill Itings, and yet they were or should have been under a divine law. 1 do not lay this to recommend what is arbitrary, but it'is to advise that we esteem and bless God for our good prince, that, -like a wise and tender parent in this matter, only denied us what would hurt us. Let us therefore .dt ike rather apt than many laws, and remember Englandhad good laws under Henry VII.; yet some too many then, much more now; for this is one hundred and seventy years ago, and then Empson Dudley, with other japinous officers, putting supernumerary penal laws into execution, so *ext the people ihati as my lord Bacon says, they turned law -and justice
A a into into wormwood and rapine. 'Some consideration like this, made a discreet Fienctiman iay, je plus vault le code de que le pais conquejle, that i;, France was obliged to the king more for contracting their laws than for enlarging his dominions, which makes me sancy laws to young colonies are like physic to the body, wherein not only the quantity but the nature and due preparation of the medicine is considered, for that only^ which makes it tit makes it operate wesl; but because the best of kings must die, and good laws do remain, and such, ii they are not strong barriers to bad governors, yet they are certain rules to good ones; you havetherefore good reason to desire them, and I do comply with you in it, my sense as well as interest being bound up with yours in this and everything; that may be for your service and the common good, I therefore here tender you the draft of another law that has satissied all I have shewn it to,, as I suppose it will you, for its the same in substance though not in terms; If you like it, I doubt not but the king will graciously pass it as your, amendments, and as he has done all the rest. I mull not end, gentlemen, before I tell you we have great obligations to our friends in England* who have ingeniously acted their parts, particularly sir Charles Lyttb ion and colonel Beeston. By their letter and accounts, which I here put into your hands, you will see how kind and solicitous they have been, 1 must therefore say, it you are desirous to express your gratitude for his majesty's grace and his minister's savour to us, (you mutt do it actually): I shall leave the method and consideration thereof wholly to you, for I would not by* my advice or directions lellen your merits, or anticipate any act of youtduty, but would have all arise from yourown sense, that your honour may be the greater, and my satissaction will not be the lets, for I have no ambition, not the least vanity. God has been pleased to put me under such, fa al circumstances: pains and diseases have taken away my health and limbs, and the unhappy voyage of my sons and their mother; what is there then under heaven that 1 have to desire, but to lee you happy, thel»vvs settled, and the island prosperous, which God Almighty grant!
THE KING'S INSTRUCTIONS TO SIR PJIJLLIP HOWARD, KNIGHT.
.JnflruBions for our trusty and well-beloved fir Phillip Howard, kriigfi', outcaptain-general and govn nor-in-chiel ni and overour island of Jamaica, and other the territories depenuing thereon in Amai. a: Given at our court
'at Whitehall, the 25th of November, lo»5, in the fuji year of our .nign.
"* under our great teal ot Lngland, constituting you our captain-general and governor-in-chief in and over our island os Jamaica, and ©thei the territories depending thereon.
2tf.—And you are thereupon to sit yourself with all convenient speed, and repair to our said island.
3d.—And, being arrived there, you are to take upon you the execution of the place and trust reposed in you, and forthwith to call together such members of our council in that island as are not under suspension, viz. Hender Molesworth, esq. lieutenant-governor, sir Francis Watson, Thomas Freeman, 1 ohn Cope, '1 homas Ballard, Thomas Fuller, John White, esqrs. sir Thomas Modyford, bart. Theodore Cary, John Burdin, and Sa* muel Barry, esqrs.
4th.—And forasmuch as the late governor, sir Thomas Lynch, ha's, with the advice ot the council, suspended sir Henry Morgan and colonel Byndloss from attending our council, and removed them from all other offices and commands, as also displaced Charles Morgan from being captain of the chief fort, for their mitbetiaviour in the government; and that upon their application to his late majesty, our most dearly beloved in council, ihui <uciM>tUit'ik appear any cause to alter any thing the governor and
A a 2 council ^council had done therein; and colonel William Guy standing likewise suspended by our present lieutenant-governor from our council there,'yo* are not to restore any of them to their trust and employments until a surther examination of these proceedings, and a report thereof unto us, which you are to make with all convenient speed; you mall receive our pleasure therein. •
5th.—And you are, with a due solemnity, to cause our said commit sion under our great seal of England, constituting, you our captain-general and governor-in-chief as aforesaid, to be published at the said.meeting.
6th.—Which, being done, you are to administer unto each of the said members as well the oaths of allegiance as an oath tor the due-execution of their place and trust.
7th.—And to communicate such and so many of our instructions to the said council, wherein their advice and consent are mentioned to be requisite, as likewise all such others as at any time you shall sind convenient ;for our service to be imparted unto them.
8th.—And also, as soon conveniently as may be after your arrival, you are to cause proclamation to be made in the other parts of our said island of your being constituted by us our captain-general and governorin-chief as aforesaid.
9th.—And, that we may be always insormed of the names of person* fit to supply the vacancies which mall happen in our council of Jamaica, you are to transmit to us and our committee of trade and foreigiv plantations the names and characters of twelve persons, inhabitants of our said island, whom you ihall esteem the best qualisied for that trust; and so from time to time, when any of them shall die or depart out of our said island, or become otherwise incapable, you are to supply the sirst number of twelve persons, by nominating others in their stead.
10th.—And in the choice of members of our said council, as also of the great officers, judges assistants, and justices, you are always to take care that they be men of a good lise and well affected to the government, of good estates and abilities, aud not uecestitous people or much in debt.
1 ltht-~ I I'h.—And you-are neither to augment nor diminish the number of out 'ilaid council as it is hereby established, nor to suspend anv os the pieseut members thereot without good and sufficient cause; and, in case of sus'penssion oFanv os them, vou are forthwith, to transmit unto us, and to lliff iordsoof our privy council appointed a-committee for trade and plantations^, the reason os your so doing, together with the charges and proofs again & thc.iaid persons,' and their answers thereunto,
12th.—And you are t© signify our pleasure unto our council of Jamaica,, that if any os them shall hereafter absent themselves without leave from our governor for the time being sirst obtained, or remain absent for the space ot two years, or the greater part of them, without leave given under our royal signature, their place or places in our said council shall immediately become void, and that we will iorthwith take care others be appointed in their stead.
13th.—And you arc from time to time to send to us, and our said comTnittee of trade and plantations, the names and qualities of any members by you put into the said council by the sirst convenience aster your so doing; you are to observe, in passing laws, that the stile of enacting the fame by the governor, council, and assembly, be henceforward used, and no other.
And our express will and pleasure is, that you transmit authentic copies, under the public seal, os our laws, statutes, and ordinances, that are now made and in force, or which shall be made and enacted within the said island, unto us and the lords of our privy council appointed a committee for trade and foreign plantations, within three months or sooner aster their being enacte d, together with duplicates thereot, by the next conveyance, upon pain of our highest displeasure, and of the lor"seiture os that year's salary wherein you shall at any time, or upon any pretence whatsoever, omit to send over the laws and ordinances aforesaid within the time fimsted. And, forasmuch as that we have taken notice, uv several laws heretofore passed withm our said-island os Jamaica, tor levying mojary and imposing sines and penalties, the said laws, sines, and penalties, have been raised and appropriated to several uses, without any mention made of us in the grant or application of the same; our v\ill and pleasure is, that no act or order be passed within that our itland, in any «a£e for'levying money qr imposing nnes'and pennies, whereby the iame