312 HISTORICAL ACCOUNT [BOOK n. 



" ers and authorities given to him by his majesty's commission ; any thing 

 " in this actor any other to the contrary in anywise notwithstanding." 



In their lordships observations, in which they take no notice that the 

 power given by that clause extends as well to the governor as captain- 

 general, nor of the words " any thing in this act or any other to the con- 

 <( trary notwithstanding," which words, being plain, need no references 

 to expound them, being consented to, there is no occasion of making any 

 other law, because that makes all the powers and authorities given by his 

 majesty's commission, and, by that commission, the instructions which 

 shall be after given to him, shall be law, though it be to the nulling of 

 any beneficial law, made either here or in England, by which we are se- 

 cured both in life and in estate; the like of which was never done in any 

 of his majesty's dominions whatsoever, and is in effect to enact will to be 

 law, and will be construed (we fear) to bind us by the old rule of law, 

 that every man may renounce his own right: and it their lordships had 

 been pleased to have as well remembered the other clauses of the act of the 

 militia, we cannot think they would have said we had questioned his 

 majesty's power over it, for no act of England gives nis majesty the like 

 power over the militia as ours doth ; for on any apprehension of danger, 

 the general with his council of officers have power to put the law martial 

 on foot for what time they please, and to command us in our own persons, 

 our servants, negroes, horses, even all that we have, to his majesty's 

 service; which having been so often put in practice will need the less 

 proof: but how readily and willingly we have obeyed, and in that faith 

 is best justified by works, it will not be amiss to instance some times, 

 and what hath been done in those times, by the charge and labour of his 

 majesty's subjects here, under the several governors ; none of which have 

 left unexperimented the strength of his majesty's commission, and the 

 virtue or force of that act, upon the least seeming occasion. 



In the government of Sir Thomas Modyford, in the years 1665 and 

 1666, the whole island was put under law martial for many mouths to- 

 gether ; in which time, by the inhabitants and their blacks, Fort-Charles 

 was made close, which to that time wanted a whole line, and also the 

 breast-work at Port-Royal was built, with a very small charge to his 

 majesty. 



In the time of Sir Thomas Lynch, in the year 1673, the law martial 

 was again set on foot : Fort-James built by the contributions of the gen- 

 tlemen of his majesty's council and assembly, and several other of his 

 majesty's good subjects in this island, which amonnted to a very consi- 



