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At which time, we humbly conceive, the island began really to take APPENDIX. up the form of a civil government, and wholly to lay aside that of an army, which, until that time, was deemed the supreme authority ; when after, upon their several arrivals, by order from his majesty, and according to the method of his majesty’s most ancient plantations, they called assemblies, and fettled the government of the island in such good form, that, until his excellency the Earl of Carlisle's first arrival, his majesty thought not fit to alter it, though several governors in that time were changed, which must necessarily infer the goodness and reason of it, as well as the satisfaction of the people (since, from that time, they betook themselves to fettle plantations) especially the merchants, by which means the estates here are wonderfully increased, as is evident by the great number of ships loaden here by the industry of the planter; and the satisfaction they received by thole wholesome laws then began, and until that time continued, the change of which laws we had no reason to expect, being done on such mature deliberation from home. But to return to answer : the first thing their lordships are pleased to accuse us of is, presuming to question his majesty’s power over the militia ; which, how much they are misinformed in it, will hereunder appear: but we must first repeat the clause against which, we humbly conceive, we had juft reasons to take exceptions, which clause is as followeth : “ Provided always, and it is hereby further enacted and declared by “ the authority aforesaid, that nothing in this act contained be expounded, “ construed, or understood, to diminish, alter, or abridge, the power of “ the governor or commander in chief for the time being; but that in “ all things he may, upon all occasions or exigencies, act as captain“ general and governor in chief, according to and in pursuance of all “ the powers and authorities given to him by his majesty’s commission ; “ any thing in this act or any other to the contrary in any wise not“ withstanding.” In their lordships observations, in which they take no notice that the power.given by that clause extends as well to the governor as captaingeneral, nor of the words “ any thing in this act or any other to the “ contrary notwithstanding,” which words, being plain, need no references 2 to