The right honourable the lords of the committee for Trade and Plantations having this day presented to the board the ensuing Report; viz. MAY IT PLEASE YOUR MAJESTY, WE having, according to the trust reposed in us in reference to your majesty's plantations, taken in consideration the present state and government of the island of Jamaica, particularly such matters as, from the nature of affairs as they now stand there, we have judged necessary to be recommended to the right honourable the earl of Carlisle, whom your majesty has been pleased to nominate and constitute governor of the said island; and having, after several meetings agreed upon the following particulars, we most humbly crave leave to lay them before your majesty, for your royal determination. The first point that did occur most worthy to be considered by us was, the power and manner of enacting laws for the civil, military, and ecclesiastical government: and, upon taking a view of what has been practised since your majesty's happy restoration in the legislative, we find, that the methods and authorities for the framing and ordaining the said laws have been only such as were directed by your royal commission unto your majesty's several governors, or prescribed by the instructions given them from time to time; and that as the constitution and exigency of affairs have often changed, so your majesty has thought fit variously to adapt your royal orders thereunto; and by the last commission, given unto the lord Vaughan, your majesty was pleased to empower his lordship, with the advice of your majesty's council, from time to time to summon general assemblies of freeholders, who have authority, with the advice and consent of the governor and council, to make and ordain laws for the government of the island; which laws are to be in force for the space of two years, except in the mean time your majesty's pleasure be signified to the contrary, and no longer, unless they be confirmed by your majesty within that time. Having, therefore, directed our thoughts towards the consequences and effects which have been produced, or may arise, from this authority derived unto the said freeholders and planters, which we observe to have received a daily increase by the resolutions they have taken, less agreeable to your majesty's intention, we do most humbly offer our opinions, that the laws transmitted by the lord Vaughan, which are now under consideration in order to be enacted by your majesty, may be intrusted in the hands of the earl of Carlisle, who, upon his arrival in the island, may offer them unto the next assembly, that they may be consented unto as laws originally coming from your majesty; and that, for the future, no legislative assembly be called without your majesty's special directions; but that, upon emergencies, the governor do acquaint your majesty by letters with the necessity of calling such an assembly, and pray your majesty's consent and directions for their meeting; and, at the same time, do present unto your majesty a scheme of such acts as he shall think fit and necessary, that your majesty may take the same into consideration, and return them in the form wherein your majesty shall think fit that they be enacted; that the governor, upon receipt of your majesty's commands, shall then summon an assembly, and propose the said laws for their consent, so that the same method in legislative matters be made use of in Jamaica as in Ireland, according to the form prescribed by Poyning's law; and that, therefore, the present style of enacting laws, By the governor, council, and representatives of the commons assembled, be converted into the style of, Be it enacted by the king's most excellent majesty, by and with the consent of the general assembly. We are further of opinion, shat no escheats, fines, forfeitures, or penalties, be mentioned in the said laws to be applied to the public ise of the island; and that your majesty do instruct your governor to dis pose thereof for the support of the government. It is also our opinion, that in all laws for levying of money, and raising a public revenue, the clauses whereby the said levies are appropriated unto the public use of the island, without any mention made of your majesty, or unto your majesty for the said public use, are so far derogatory to your majesty's right of sovereignty, that they ought to be, for the future, altered and made agreeable to the style of England. We do likewise offer it unto your majesty as necessary, that no minister be received in Jamaica without license from the right reverend the lord bishop of London; and that none having his lordship's license be rejected; without sufficient cause alleged; as also, that in the direction of all church affairs, the minister be admitted into the respective vestries. And whereas it has upon some occasions proved inconvenient, that the members of the council have been constituted by your majesty's commis. sion; we are of opinion, that for the future, they be only named in the instructions of the governor; for the strengthening of whose authority under your majesty we do offer, that he may have power to suspend any of the said members, if he see just cause, without receiving the advice and consent of the council; and also, that none of the said so suspended, or by your majesty's order displaced, from that trust, may be permitted to be received into the general assembly. And whereas nothing can contribute more to the welfare of your majesty's island, than that all means be found out for the increase of trade; we do offer, for the encouragement thereof, that a mint be allowed in Jamaica, in such manner that no prejudice do arise unto your majesty's other dominions, or that what bullion is brought from thence may be coined here in England; provided that all such coins may bear your majesty's royal superscription, and not be imposed in payment elsewhere. His majesty, taking the same in consideration, was pleased to approve thereof; and did order, that the right honourable Mr. Secretary Coventry do prepare a commission and instructions for his majesty's royal signature, for the earl of Carlisle, according to the tenor of the said report. No. II. At the Court at Whitehall, the 15th of February, 1677-8.. PRESENT, the Kings Most Excellent Majesty in Council. Upon reading this at the board, a report from the right honourable the lords of the committee for Trade and Plantations, in the words following: May it please your Majesty, Having received, on the 12th of January last past, from the right honourable Mr. Secretary Coventry, a draft of a commission and instructions for the earl of Carlisle, whom your majesty has appointed to be your governor of Jamaica; and having, after several additions and alterations, remitted the same unto Mr. Secretary Coventry, on the 2d instant, we crave leave to offer to your majesty the most material points which did occur unto us upon perusal of the said draft; which are as followeth : 1st. As we are of opinion that all members of council in Jamaica may, for the more easy passing of laws, be admitted into the assembly, if duly elected by the freeholders; so we cannot but advise your majesty, that as well the members of the said council suspended by your majesty's governor, as the members displaced by your majesty, may be rendered incapable during which suspension of being admitted into the assembly. 2d. That although your majesty has, by an order of the 16th of November last past, thought fit that no assembly be called without your majesty's especial leave and directions; we think it very important, for your majesty's service and safety of the island, that in case of invasion, rebellion, or some other very urgent necessity, your majesty's governor may have power, with the consent of the assembly, to pass acts for raising of money, to answer the occasions arising by such urgent necessities. 3d. That whereas hitherto, within your majesty's island of Jamaica, the oaths of allegiance and supremacy have not been imposed on persons that bear any part of the government, except the members and officers of the council, and all judges and justices; so, for the prevention of future inconveniencies, and greater assurance of loyalty towards your majesty, we are humbly of opinion, that all persons elected into the assembly shall, before their sitting, take the oaths of allegiance and supremacy, which your majesty's governor shall commissionate fit persons, under the seal of the island, to administer unto them, and that, without taking the said oaths, none shall be capable of sitting, although elected. We have likewise, pursuant to your majesty's orders, prepared a body of laws, such as the right honorable the Earl of Carlisle may be empowered to carry with him, and to offer unto the assembly of Jamaica for their consent. Whereas we do not find, since your majesty's happy restoration, that any laws transmitted from your majesty's plantations have been confirmed by your majesty, either under the great seal of England, or any other signification of your majesty's pleasure, (the act of four and a half per cent. in the Caribbee islands only excepted, which was confirmed by the order of council), and the intended method of enacting laws in Jamaica hath not as yet been put in practice; we humbly crave your majesty's royal determination, whether the said laws shall pass only by order of your majesty in council, or under the great seal of England, that we may accordingly be enabled fitly to present them unto your royal view. All which, &c. His majesty was pleased to order, that Mr. Secretary Coventry do prepare Lord Carlisle's commission and instructions concerning these matters accordingly and as for the laws of the said island, his majesty by an order of the board, hath been pleased this day to declare his pleasure, that they shall pass under the great seal of England. NUMBER III. Extract of King Charles the Second's Commission to the Earl of Carlisle. And we do hereby give and grant unto you, with the advice and consent of the said council, full power and authority, from time to time, as need shall require, to summon or call general assemblies of the freeholders |