CHAP. XII.
A flood at
Delaware falls; Death and character of Thomas Olive, Thomas
Gardiner, and
John Woolston; Commotions in East and West-Jersey; Surrender
of the two
govenments to queen Anne; Her acceptance, thereof; and her
commission to
lord Cornbury.
The first
settlers of the Yorkshire tenth in West-Jersey, had several of
them built upon
the low lands, nigh the falls of Delaware, where they had
now lived, and
been improving near sixteen years; they had been told by
the Indians,
their buildings were liable to be damaged by freshes, and the
situation of the
place must have made it probable: They had however, got
up several wooden
tenements and out-houses, which in the spring were
accordingly
generally demolished: The snows suddenly melting above, caused
an uncommon
overflow of the river; there have been many great floods
since, but none
quite so high; it came upon them so unexpectedly, that
many were in
their houses surrounded with water, and conveyed to the
opposite shore,
by neighbours from thence, in canoes: The water continued
rising 'till it
reached the upper stories of some of their houses, then
most, or all of
them gave way, and were dashed to pieces; many cattle were
drowned; beds,
kettles, and other furniture, were picked up on the shores
below; the
frights and damages were considerable; two persons in a house,
carried away by
the sweeping torrent, lost their lives before they could be
got out. This
accident taught the owners here to fix their habitations on
higher ground,
and was what is commonly called the great flood at Delaware
falls. It was in
the spring this year that the proprietors of West-Jersey
first appointed
Col. Andrew Hamilton to be their governor.1
About this time
also died Thomas Olive, who since the first settlement of
West-Jersey, had
been a man of importance there; he came over one of the
London
commissioners in 1677, was sometime governor, in which station he
behaved with
great circumspection and prudence; while a common magistrate
he had a ready
method of business, often doing it to good effect in the
seat of judgment
on the stumps in his meadows; he contrived to postpone
sudden
complaints, 'till cool deliberation had shewn them to be justly
founded, and then
seldom failed of accommodating matters without much
expence to the
parties: He had been imprisoned and otherwise a sufferer
for religion in
England; and by his preaching and writing as well as other
public and
private conduct, had gained general love and esteem, which he
merited to the
last.
In September
1694, died Thomas Gardiner; he arrived early at Burlington,
went through
several publick stations in West-Jersey with a good
character, had
considerable knowledge in variety of business, and was an
exemplary member
of society, civil and religious.
In the beginning
of 1698, died John Woolston, one of the first settlers at
Burlington, who
had now for upwards of twenty years, through the fatigues
of a new
settlement, proved himself a ready friend and neighbour, and
valuable member
of society.
We are now come to
the year 1701; a memorable aera in New-Jersey, on
account of the
disturbances and confusions that violently agitated several
parties, and the
change of government that followed in consequence of
them: Each
province had many and different proprietors, who promoted
separate schemes
and interests; these sometimes interfered: To facilitate
particular
purposes, one party would have the choice and management of a
governor, while
another refused any but of their own nomination; and a
third objected to
proposals from either: Moderate councils could not be
heard; a
contaminating spirit of party and discord took place of order and
peace; every
expedient to restore union and regularity proved
unsuccessful;
faction prevaild, and particular animosities were nourished
to that degree,
that the delays of time seemd only to give opportunity of
accumulating
fresh occasions of disgust and uneasiness; a detail of
particulars would
be an ungrateful, we hope an unnecessary task; a few
facts may suffice
as specimens of the whole: To come at these, we must go
back to the
spring 1698. Jeremiah Bass, under a pretence of a commission
he had received
from some of the proprietors of East-Jersey, with the
king's
approbation, superceded Andrew Hamilton, the then governor of both
East and West
Jersey; but in the next year it appeared, that Bass had not
obtained the
king's approbation of his commission, nor was it granted by
enough of the
proprietors to make it valid, which induced great numbers of
the inhabitants
to refuse obedience to him, and to the magistrates and
officers by him
appointed; some persons being imprisoned for refusing
obedience, it was
resented by others with great indignation, and feuds
and confusion
followed: To accommodate matters for the present, Andrew
Hamilton was again
appointed governor, by a fresh commission from some of
the proprietors;
but a great number refused obedience to him, and the
magistrates and
officers under him, in like manner, and for the same
reasons as they had
refused Bass and those he appointed. The disorders in
the Eastern
division during this time,2 made such an impression on the
minds of many of
the people, that they readily hearkened to overtures made
for a surrender
of government. A considerable part of West-Jersey was
also, for similar
reasons, disposed to a resignation: The commotions in
both, which had
been increasing for some years, now seemed to be got to a
crisis, and all
things tended to a surrender of the powers of government;
which was at
length brought about in the beginning of the next year.
Meanwhile diverse
petitions and remonstrances weresent home, complaining
loudly of their
grievances and confusions; and praying redress: These and
the proceedings
in consequence of them, show the principal matters now to
be found relating
to the surrender and the measures they took to reserve
their
privileges.3 In 1702 the surrender was made by the following
instrument:
"Surrender
from the proprietors of East and West-New-Jersey, of their
pretended right of
government to her majesty.
"WHEREAS his
late majesty king Charles the second, by his letters patents
under the great
seal of England, bearing date at Westminster, on or about
the twelfth day
of March, in the sixteenth year of his reign; did give and
grant to James,
then duke of York, his heirs and assigns, all that part of
the main land of
New-England, beginning at a certain place called or known
by the name of
St. Croix, next adjoining to New-Scotland, in America; and
from thence
extending along the sea coast unto a certain place called
Pemaquod or
Pemaquid, and so up the river thereof to the furthest head of
the same, as it
tends northward; and extending from thence to the river of
Kenibique; and so
upwards by the shortest course to the river Canada,
northward: And
also all that island or islands, commonly called by the
several name or
names of Manowacks, or Long-Island, situate, lying and
being towards the
west of Cape Codd, and the Narrohigansets, abutting upon
the main land
between the two rivers there, called or known by the several
names of
Connecticut and Hudson's river; together also with the said river
called Hudson's
river, and all the lands from the west side of Connecticut
river, to the
east side of Delaware bay: And also all those several
islands called or
known by the names of Martin's Vineyard, and Nantucks, or
Nantucket:
together with all the lands, islands, soils, rivers, harbours,
mines, minerals,
quarries, woods, marshes, waters, lakes, fishings,
hawkings, hunting
and fowling; and all other royalties, profits,
commodities and
hereditaments to the several islands, lands and premises,
belonging and
appertaining, with their and every of their appurtenances;
TO HAVE AND TO
HOLD all and singular the said lands, islands
hereditaments,
with their and every of their appurtenances, to the said
James Duke of
York, his heirs and assigns forever; to be held of the said
king, his heirs
and successors, as of his manor of East Greenwich in Kent,
in free and
common socage, and not in capite or by knight's service;
yielding and
rendering therefore yearly and every year, forty beaverskins
when demanded; or
within ninety days after. And by the same letters
patents, the late
king Charles the second, for himself his heirs and
successors, did
give and grant to the said James duke of York, his heirs,
deputies, agents,
commissioners and assigns, full and absolute power and
authority, to
correct, punish, pardon, govern and rule all such subjects
of the said king,
his heirs and successors, as should from time to time
adventure
themselves into the parts and places aforesaid, or that should
at any time then
after inhabit within the same, according to such laws,
orders,
ordinances, directions and instructions, as by the said duke of
York, or his assigns,
should be established; and in defect thereof; in
case of
necessity, according to the good directions of his deputies,
commissioners,
officers or assigns respectively, as well in all causes and
matters, as well
capital and criminal, as civil, both marine and others; so
always as the
said statutes, ordinances and proceedings, were not
contrary, but as
near as might be, agreeable to the laws and statutes and
government of the
realm of England; saving and reserving to his said
majesty, his
heirs and successors, the receiving, hearing and determining,
of the appeal and
appeals of all, or any other person or persons of; in or
belonging to the
territories or islands aforesaid, in or touching any
judgment or
sentence to be there made or given; and further, that it
should and might
be lawful to and for the said duke of York, his heirs
and assigns, from
time to time, to nominate, constitute, ordain and
confirm such laws
as aforesaid, by such name or names or stiles, as to
him or them shall
seem good; and likewise to revoke, discharge, change
and alter as well
all and singular governors, officers and ministers, which
then after should
be by him or them thought fit or needful to be made or
used within the
aforesaid parts and islands; and also to make, ordain, and
establish, all
manner of orders, laws, directions, instructions, forms and
ceremonies of
government and magistracy, fit and necessary for and
concerning the
government of the territories and islands aforesaid, so
always as the
same were not contrary to the laws and statutes of the realm
of England, but
as near as might be, agreeable thereunto; and the same at
all times then
after to put in execution or abrogate, revoke or change,
not only within
the precinct of the said territories or islands, but also
upon the seas in
going and coming to and from the same, as he and they in
their good
direction should think to be fittest for the good of the
adventurers and
inhabitants there: And the late king did thereby grant,
ordain and
declare, that such governors, officers, ministers, as from time
to time should be
authorized and appointed in manner and form aforesaid,
should and might
have full power and authority to use and exercise martial
law, in cases of
rebellion, insurrection and mutiny, in as large and ample
manner as the
lieutenants of his said majesty in his counties of the realm
of England had,
or ought to have, by their commissions of lieutenancy, or
any law or
statute of the said realm of England. And the said late king
did thereby also
for himself; his heirs and successors, grant to the said
James duke of
York, that it should and might be lawful for him, his heirs
and assigns, in
his or their discretions, from time to time, to admit such
and so many
person or persons to trade and traffick unto and within the
territories and
islands aforesaid, and into every or any part or parcel
thereof; and to
have process and enjoy any lands and hereditaments in the
parts nad places
aforesaid, as they should think fit, according to the
laws, orders,
constitutions and ordinances by the said James duke of York,
his heirs,
deputies, commissioners and assigns, from time to time to be
made and
established, by virtue of and according ti, the true intent and
meaning of the
said letters patents, and under such conditions,
reservations and
agreements as the said James duke of York, his heirs and
assigns, should
set down, order, direct and appoint, and not otherwise.
And by the said
letters patents, the said king did for himself; his heirs,
and successors,
grant to the said James duke of York, his heirs and
assigns, and to
all and every such governor and governors, or other
officers and
ministers, as by the said James duke of York, his heirs or
assigns, should
be appointed, with power and authority of government and
command in or over
the inhabitants of the said territories or islands,
that they and
every of them should, or lawfully might, from time to time,
and at all times
then after or for ever, for their several defence and
safety,
encounter, expulse, repel and resist by force of arms, as well by
sea as by land,
and all ways and means whatsoever, all such person or
persons as
without the especial licence of the said James duke of York,
his heirs or
assigns, should attempt to inhabit within the several
precincts and limits
of the said territories and islands; and also all and
every such person
and persons whatsoever, as should enterprize or attempt
at any time then
after, the destruction or invasion, detriment or
annoyance to the
parts, places or islands aforesaid, or any part thereof;
as by the said
recited letters patents duly enrolled, relation being
thereunto had,
inore at large may appear. AND WHEREAS the estate,
interest, right
and title of the said James duke of York, in and to
the provinces of
East-Jersey and West-Jersey; part of the premises by the
said recited
letters granted, are by mean conveyances and assurances in
law, come unto
and vested in or claimed amongst others, by sir Thomas
Lane, Paul
Dominique, Robert Mitchell, Joseph Brooksbank, Michael Watts,
Edward Richier,
John Norton, Ebenezer Jones, John Whiting, John Willcocks,
John Bridges,
Thomas Skinner, Benjamin Steel, Obadiah Burnet, Joseph
Micklethwait,
Elizabeth Miller, Benjamin Levy, Francis Minshall, Joseph
Collier, Thomas,
Lewis, Jo. Bennet, John Booker, Benjamin Nelson, James
Wasse, Richard
Harrison, John Jurin, Richard Greenaway, Charles Mitchell,
Francis Mitchell,
Tracy Paunceford, William Hamond, Ferdinando Holland,
William Dockwra,
Peter Sonmans, Joseph Grimston, Charles Ormston, Edward
Antill, George
Willocks, Francis Handcock, Thomas Barker, Thomas Cooper,
Robert Burnet,
Miles Foster, Joha Johnstone, David Lyell, Michael Hawdon,
Thomas Warne,
Thomas Gordon, John Barclay, Clement Plumstead, Gilbert
Mollison, and
Richard Hasell, the present proprietors thereof; and they
also have
claimed, by virtue of the said letters patents and mean
conveyances, to
exercise within the said provinces for the governing the
inhabitants
thereof; all the powers and authorities for government granted
by the said letters
patents to the said duke and bis heirs and assigns;
but her majesty
hath been advised, that they have no right nor can legally
execute any of
the said powers; but that it belongeth to her majesty in
right of her crown
of Eugland, to constitute governors of the said
provinces, and to
give directions for governing the inhabitants thereof,
as her majesty
shall think fit: And the said proprietors being desirous to
submit themselves
to her majesty, are willing to surrender all their
pretences to the
said powers of government, to the intent her majesty may
be pleased to
constitute a governor or governors of the same provinces,
with such powers,
privileges and authorities for the government thereof;
and making of
such laws there, with the consent of the assembly of the
said provinces,
and her majesty's subsequent approbation thereof; as her
majesty in her
great wisdom shall think fit and convenient. WE THEREFORE
the said Sir
Thomas Lane, Paul Dominique, Robert Michell, Joseph
Brooksbank,
Michael Watts, Edward Richeir, John Norton, Ebenezer Jones,
John Whiting,
Clement Plumstead, John Willcocks, John Bridges, Thomas
Skinner, Benjamin
Steel, Obadiah Burnet, Joseph Micklethwait, Elizabeth
Miller, Benjamin
Levy, Francis Minshall, Joseph Collier, Thomas Lewis, Jo.
Bennet, John
Booker, Benjamin Nelson, James Wasse, Richard Harrison, John
Jurin, Richard
Greenaway, Charles Mitchell, Francis Mitchell, Tracy
Paunceford,
William Hamond, Ferdinando Holland, Willam Dockwra, Peter
Sonmans, Joseph
Grimston, Charles Ormston, Edward Antill, George Willocks,
Francis Handcock,
Thomas Barker, Thomas Cooper, Robert Burnett, Miles
Foster, John
Johnstone, David Lyell, Michael Hawdon, Thomas Warne, Thomas
Gordon, John
Barclay, Gilbert Mollison, and Richard Hasell, &c. the
present
proprietors of the said provinces of East-Jersey and West-Jersey,
for the
considerations and to the intent aforesaid, have surrendered and
yielded up, and
by these presents for us and our heirs, do surrender and
yield up unto our
sovereign lady ANNE, by the grace of God, queen of
England,
Scotland, France, and Ireland, defender of the faith, &c. her
heirs and
successors, all these the said powers and authorities to
correct, punish, pardon,
govern and rule, all or any of her majesty's
subjects or
others who now inhabit, or hereafter shall adventure into or
inhabit within
the said provinces of East-Jersey and West-Jersey, or
either of them;
and also to nominate, make, constitute, ordain and confirm
any laws, orders,
ordinances and directions and instruments for those
purposes, or any
of them; and to nominate, constitute or appoint, revoke,
discharge,
change, or alter any governor or governors, officers or
ministers, which
are or shall be appointed, made or used within the said
provinces or
either of them; and to make, ordain and establish any orders,
laws, directions,
instruments, forms or ceremonies, of government and
magistracy, for
or concerning the government of the provinces aforesaid,
or either of
them; or on the sea in going and coming to or from thence; or
to put in
execution, or abrogate, revoke or change such as are already
made for or
concerning such government, or any of them; and also all those
the said powers
and authorities to use and exercise martial law in the
places aforesaid,
or either of them, and to admit any person or person to
trade or traffick
there, and of encountering, repelling and resisting by
force of arms,
any person or persons attempting to inhabit there without
the licence of us
the said proprietors, our heirs and assigns, and all
other the powers,
authorities and privileges of or concerning the
government of the
provinces aforesaid, or either of them, or the
inhabitants
thereof; which were granted or mentioned to be granted by the
said recited
letters patents, and every of them. IN WITNESS whereof; the
persons
abovenamed, have hereunto set their hands and seals, this
fifteenth day of
April, in the year of our lord one thousand seven hundred
and two; and in
the first year of her majesty's reign.
For the eastern
division: Peter Sonmans, Joseph Ormston for myself; and as
proxy for Charles
Ormston, Edward Antill, and George Willocks, and
representative of
Francis Hancock; Thomas Lane, Paul Dominique, Robert
Mitchel, Joseph
Brooksbank, E. Richier, Michael Watts, Clement Plumstead,
Lewis Morris in
the behalf of Robert Burnet; Miles Foster, John Johnstone,
Michael Hawdon,
John Barclay, David Lyell, Thomas Warne, Thomas Gordon,
Thomas Barker,
Thomas Cooper, Gilbert Mollison, Henry Adderly for Richard
Hasel, of
Barbados; William Dockwra.
For the
western-division: John Booker, John Whiting, John Willcocks, John
Bridges, Thomas
Skinner, Benjamin Steel, Obadiah Burnet, Joseph
Micklethwait,
Thomas Lamb, Paul Dominique, Francis Mitchel, Joseph
Brooksbank,
Michael Watts, Ed. Richier, John Norton, Eben. Jones, Benjamin
Neilson, James
Wasse, Richard Harrison, John Jurin, Richard Greenaway,
Charles Mitchel,
Francis Mitchel, Francis Paunceford, William Hamond,
Ferd. Holland,
Elizabeth Miller, Benjamin Levy, Francis Minshall, Joseph
Collins, Thomas
Lewis, Jo. Bennet.
Sealed and
delivered by: T. Lane, P. Dominique, R. Michell, J. Brooksbank,
M. Watts, E.
Richier, J. Norton, E. Jones, J. Whiting, J. Willcocks, J.
Bridges, T. Skinner,
B. Steel, O. Burnett, J. Micklethwait, E. Miller, B.
Levy, F.
Minshall, J. Collier, T. Lewis, J. Bennet, J. Booker, B. Nelson,
J. Wasse, R.
Harrison, J. Jurin, R. Greenaway, C. Mitchel, F. Mitchel, T.
Pauncefort, W.
Hamond, F. Holland. And for the interest the proprietors of
West-Jersey, have
in East-Jersey, T. Lane, P. Dominique, R. Mitchel, J.
Brooksbank, E.
Richier, and M. Watts. Sealed and delivered by the
aforesaid persons
in presence of us: L. Morris, Jonathan Greenwood.
Sealed and
delivered by William Dockwra, Peter Sonmans, Joseph Ormston,
Thomas Barker,
and Thomas Cooper, proprietors of East-Jersey, in the
presence of us,
Richard Bouts, Nathaniel Welch.
Sealed and
delivered by Gilbert Mollison, in presence of us, Daniel Wild,
Gilbert Falconer.
Sealed and
delivered by Clement Plumstead, in presence of us, John Askew,
Samuel
Hannington.
Sealed and
delivered by Henry Adderly, in presence of us, John Blackall,
Thomas Gage.
Sealed and
delivered by Lewis Morris, in presence of Aug. Graham, Richard
Bibby.
The QUEEN's
acceptance of the surrender of government.
At the court at
St. James's, the 17th day of April, 1702.
PRESENT: The
QUEEN's most excellent majesty.
His Royal
Highness Prince George of Denmark,
Earl of Radnor,
Earl of Berkely,
Earl of
Rochester,
Lord Keeper,
Earl of
Marlborough,
Lord President,
Earl of Bradford,
Lord Steward,
Earl of Romney,
Duke of Bolton,
Earl of Ranelagh,
Duke of
Schomberg,
Lord Ferrers,
Duke of Leeds,
Lord Godolphin,
Lord Great
Chamberlain
Mr. Comptroller,
Mr. Vice
Chamberlain,
Earl Marshal,
Mr. Secretary
Vernon,
Lord High
Admiral,
Mr. Chancellor of
the Exchequer,
Lord Chamberlain,
Earl of Dorset,
Lord Chief
Justice,
Earl of
Manchester,
Sir Charles
Hedges,
Earl of Stamford,
Mr. Smith.
Earl of
Burlington,
"This day
the several proprietors of East and West New-Jersey, in America,
did in person,
present a deed of surrender by them executed under their
hands and seals,
to her majesty in council, and did acknowledge the same
to be their act
and deed; and hnmbly desire her majesty to accept the
same, that it
might be enrolled in the court of chancery, whereby they did
surrender their
power of the government of those plantations: Which her
majesty
graciously accepted, and was pleased to order, as it is hereby
ordered, that the
same be enrolled in her majesty's said high court of
chancery; and the
said instruments are to be delivered to Mr. Attorney
General, who is
to take care that the same be enrolled accordingly."
Directly after the
surrender, Edward lord viscount Cornbury, grandson to
the great
chancellor Clarendon, was appointed governor of New-Jersey; his
commission was as
followeth:
"ANNE, by
the grace of God, of England, Scotland, France and Ireland,
Queen, defender
of the faith, &c. To our trusty and well beloved Edward
Hyde, esquire,
commonly called lord Cornbury, greeting: Whereas in the
government of
that conntry, which was formerly granted by king Charles the
second, under the
name of Nova-Caesaria, or New-Jersey, and which has
since been
subdivided by the proprietors, and called East New-Jersey, and
West New-Jersey,
such miscarriages have happened, that the said country is
fallen into
disorder and confusion; which has accordingly been represented
to our dearest
brother the late king, in several petitions, memorials and
other papers,
signed by the general proprietors, and by great numbers of
the inhabitants;
and by means of that disorder the publick peace and
administration of
justice, whereby the properties of our subjects should
be preserved
there, is interrupted and violated, and the guard and defence
of that country
so totally neglected, that the same is in imminent danger
of being lost
from the crown of England: And whereas the aforesaid
proprietors being
sensible that the said country, and our good subjects
the inhabitants
thereof; cannot be defended and secured by any other means
then by our
taking the government of the same under our immediate care,
have executed and
made a formal and entire surrender of their right, or
pretended right
and title to the government of that country unto us: We
therefore,
reposing especial trust and confidence in the prudence, courage
and loyalty of
you the said lord Cornbury, out of our especial grace,
certain knowledge,
and meer motion, hath thought fit to constitute and
appoint, and by
these presents do constitute and appoint you the said lord
Cornbury, to be
our captain general and governor in chief; in and over the
aforesaid country
of Nova-Caesaria, or New-Jersey, viz. the division of
East and West
New-Jersey, in America, which we have thought fit to reunite
into one
province, and settle under one entire government: And we do hereby
require and
command you, to do and execute all things in due manner that
shall belong unto
your said command, and the trust we have reposed in you,
according to the
several powers and directions granted or appointed you by
this present
commission, and the instructions and authorities herewith
given you, or by
such further powers, instructions or authorities as shall
at any time
hereafter be granted, or appointed you under our signet and
sign manual, or
by our order in our privy council, and according to such
reasonable laws
and statutes as shall be made and agreed upon by you, with
the advice and
consent of the council and assembly of our said province,
under your
government, in such manner and form as is hereafter expressed.
And our will and
pleasure is, that you the said lord Cornbury, having
after the
proclamation of these our letters patents, first taken the oaths
appointed by act
of parliament to be taken instead of the oath of
allegiance and
supremacy, and the oath mentioned in an act, entitled, An
act to declare
the alteration in the oath appointed to be taken by the
act, entitled, An
act for the further security of his majesty's person,
and the
succession of the crown in the protestant line, and for the
extinguishing the
hopes of the pretended prince of Wales, and all other
pretenders and
their open and secret abettors, and for the deciaring the
association to be
determined; as also the test mentioned in the act of
parliament made
in the twenty fifth year of the reign of king Charles the
second, entitled,
An act for preventing dangers which may happen from
popish recusants;
together with the oath for the due execution of the
office and trust
of our captain general and governor in chief; in and over
our said province
of Nova-Caesaria, or New-Jersey, as well with regard to
the equal and
impartial administration of justice, in all causes that
shall come before
you, as otherwise; and likewise the oath required to be
taken by
governors of plantations, to do the utmost that the laws relating
to the
plantations be observed; all which our council in our said
province, or any
three of the members thereof; have hereby full power and
authority, and
are required to administer unto you; and in your absence
our lieutenant
governor, if there be any upon the place; you shall
administer unto
each of the members of our said council, as also to our
lieutenant
governor, if there be any upon the place, as well the oath
appointed by the
act of parliament to be taken instead of the oath of
allegiance and
supremacy, and the oath mentioned in the said act,
entitled, An act
to declare the alteration in the oath appointed to be
taken by an act,
entitled, An act for the further security of his majesty's
person, and the
succession of the crown in the protestant line, and for
extinguishing the
hopes of the pretended prince of Wales, and all other
pretenders, and
their open and secret abettors, and for declaring the
association to be
determined; as the forementioned test, and the oath for
the due execution
of their places and trusts. And we do hereby give and
grant unto you,
full power and authority, to suspend any of the members of
our said council
from sitting, voting, and assisting therein, if you shall
see just cause
for so doing: And if it shall at any time happen, that by
the death,
departure out of our said province, or suspension of any of our
said councellors,
or otherwise, there shall be wanting in our said council,
any three whereof
we do appoint to be a quorum, our will and pleasure
is, that you
signify the same unto us, by the first opportunity, that we
may under our
signet and sign manual, constitute and appoint others in
their stead; but
that our affairs may not suffer at that instant, for want
of a due number
of councellors, if ever it should happen that there should
be less than
seven of them residing in our said province, we do hereby give
and grant unto
you the said lord Cornbury, full power and authority to
chuse as many
persons out of the principal freeholders, inhabitants
thereof; as will
make up the full number of our said council to be seven,
and no more;
which persons so chosen and appointed by you, shall be to
all intents and
purposes councellors in our said province, until either
they shall be
confirmed by us, or that by the nomination of others by us,
under our sign
manual and signet, our said council shall have seven or
more persons in
it. And we do hereby give and grant unto you, full power
and authority,
with the advice and consent of our said council from time
to time, as need
shall require, to summon and call general assemblies of
the freeholders
and planters within your government, in manner and form as
shall be directed
in our instructions which shall be given you, together
with this our
commission. Our will and pleasure is, that the persons
thereupon duly
elected, by the major part of the freeholders of the
respective
counties and places so returned, and having before sitting,
taken the oaths
appointed by act of parliament to be taken instead of the
oaths of
allegiance and supremacy, and the oath mentioned in the aforesaid
act, entitled, An
act to declare the alteration in the oath appointed to
be taken by the
act, entitled, An act for the further security of his
majesty's person,
and the succession of the crown in the protestant line,
and for
extinguishing the hopes of the pretended prince of Wales, and all
other pretenders,
and their open and secret abettors, and for declaring
the association
to be determined; as also the aforementioned test: Which
oath you shall
commissionate fit persons under our seal of Nova-Caesaria,
or New-Jersey, to
administer into them, and without taking of which oaths
and subscribing
the said test, none shall be capable of sitting though
elected, shall be
called and held the general assembly of that our
province, and
that you the said lord Cornbury, by and with the advice and
consent of our council
and assembly, or the major part of them
respectively,
shall have full power and authority to make, constitute and
ordain laws,
statutes and ordinances, for the public peace, welfare and
good government
of our said province, and of the people and inhabitants
thereof; and such
others as shall resort thereto, and for the benefit of
us, our heirs and
successors, which said laws, statutes, and ordinances
are not to be
repugnant, but as near as may be, agreeable unto the laws
and statutes of
this our kingdom of England; provided that all such laws,
statutes and
ordinances, of what nature or duration soever, be within
three months or
sooner, after the makiug thereof; transmitted to us, under
our seal of
Nova-Cassaria, or New-Jersey, for our approbation or
disallowance of
them, as also duplicates thereof by the next conveyance,
or in case any or
all of them being not before confirmed by us, shall at
any time be
disallowed and not approved, and so signified by us, our heirs
or successors,
under our or their sign manual and signet, or by order of
our or their
privy council, unto you the said lord Cornbury or to the
commander in
chief of our said province for the time being, then such and
so many of them
as shall be disallowed and not approved shall from
henceforth cease,
determine, and become utterly void and of none effect,
any thing to the
contrary thereof notwithstanding. And to the end that
nothing may be
passed or done by our said council or assembly, to the
prejudice of our
heirs and successors, we will and ordain, that you the
said lord
Cornbury, shall have and enjoy a negative power in the making
and passing of
all laws, statutes and ordinances as aforesaid. And that
you shall and may
likewise from time to time, as you shall judge it
necessary,
adjourn, prorogue and dissolve, all general assemblies. Our
will and pleasure
is, that you shall and may use and keep the publick seal
of our province
of Nova-Casaria, or New-Jersey, for sealing all things
whatsoever that pass
the great seal of our said province under your
government. And
we do further give and grant unto you the said lord
Cornbury, full
power and authority, from time to time, and at all times
hereafter, by
yourself; or by any other to be authorized by you in that
behalf; to
administer and give the oaths appointed by act of parliament,
instead of the
oath of allegiance and supremacy, to all and every such
person and
persons as you shall think fit, who shall at any time or times
pass into our
said province, or shall be resident or abiding there. And do
further give and
grant unto you, full power and authority, with the advice
and consent of
our said council, to erect, constitute and establish such
and so many
courts of judicature and publick justice within our said
province under
your government, as you and they shall think fit and
necessary, for
the hearing and determining of all causes as well criminal
as civil,
according to law and equity, and for awarding execution
thereupon, with
all reasonable and necessary powers, authorities, fees
and privileges
belonging unto them; and also to appoint and commissionate
fit persons in
the several parts of your government, to administer the
oaths appointed
by act of parliament to be taken instead of the oath of
allegiance and
supremacy, and the oath mentioned in the aforesaid act,
entitled, An act
to declare the alteration in the oath to be taken by the
act, entitled, An
act for the further security of his majesty's person,
and the
succession of the crown in the protestant line, and for the
extinguishing the
hopes of the pretended prince of Wales, and all other
pretenders, and
their open and secret abettors, and for declaring the
association to be
determined; as also the test unto such persons as shall
be obliged to
take the same.
And we do hereby
authorize and impower you, to constitute and appoint
judges, and in
cases requisite commissioners of oyer and terminer,
justices of the
peace, and other necessary officers and magistrates in our
said province, for
the better administration of justice, and putting the
laws in
execution, and to administer, or cause to be administered unto
them, such oath
or oaths as are usually given for the due execution and
performance of
offices and places, and for the clearing of truth in
judicial causes.
And we do hereby give and grant unto you, full power and
authority, where
you shall see cause, or judge any offender or offenders
in criminal
matters, or any fines or forfeitures due unto us, fit objects
of our mercy, to
pardon all such offenders, and to remit all such
offences, fines
and forfeitures, treasons and wilful murder only excepted;
in which case you
shall likewise have power upon extraordinary occasions,
to grant
reprieves to the offenders, until and to the intent our royal
pleasure may be
known therein. And we do by these presents, anthorise and
impower you to
collate any person or persons to any churches, chapels or
other
ecclesiastical benefices within our said province, as often asany of
them shall happen
to be void. And we do hereby give and grant unto you the
said lord
Cornbury, by yourself; and by your captains and commanders by
you to be
authorised, full power and authority to levy, arm, muster,
command and
employ all persons whatsoever residing within our said
province of
Nova-Caesaria, or New-Jersey, and as occasion shall serve,
them to transport
from one place to another for the resisting and
withstanding of
all enemies, pirates, and rebels, both at sea and land,
and to transport
such forces to any of our plantations in America, if
necessity shall
require, for the defence of the same, against the invasion
and attempts of
any of our enemies, pirates, and rebels, if there shall be
occasion, to
pursue and prosecute in or out of the limits of our said
province and
plantations, or any of them; and if it shall please God them
to vanquish,
apprehend and take, and being taken, either according to law
to put to death,
or keep and preserve alive at your discretion, and to
execute martial law,
in time of invasion, insurrection or war, and to do
and execute all
and every other thing and things, which to any captain
general and
governor in chief doth or ought of right to belong. And we do
hereby give and
grant unto you full power and authority, by and with the
advice and
consent of our said council, to erect, raise and build in our
said province of
Nova-Caesaria, or New-Jersey, such and so many forts,
platforms,
castles, cities, boroughs, towns, and fortifications, as you,
by the advice
aforesaid, shall judge necessary, and the same, or any of
them, to fortify
and furnish with ordinance, ammunition, and all sorts of
arms fit and
necessary for the security and defence of our said province;
and by the advice
aforesaid, the same or any of them again to demolish or
dismantle as may
be most convenient. And forasmuch as many mutinies and
disorders may
happen, by persons shipped and employed at sea, during the
time of war; to
the end that such may be better governed and ordered, we
do hereby give
and grant unto you the said lord Cornbury, full power and
authority, to
constitute and appoint captains, lieutenants, masters of
ships, and other
commanders and officers, and to grant unto such captains,
lieutenants,
masters of ships, and other commanders and officers,
commissions, to
execute the law martial during the time of war, and to
use such
proceedings, authorities, corrections, executions, upon any
offender or
offenders who shall be mutinous, seditious, disorderly, or any
ways unruly at
sea, or during the time of their abode or residence in any
of the ports,
harbours, or quays of our said province, as the cause shall
be found to
require, according to martial law, during the time of war as
aforesaid.
Provided, that nothing herein contained, shall be construed to
the enabling you,
or any by your authority, to hold plea or have any
jurisdiction of
any offence, cause, matter or thing committed or done
upon the high
sea, or within any of the harbours, rivers or creeks of our
said province under
your government, by any captain, commander,
lieutenant,
master, officer, seaman, soldier, or other person whatsoever,
who shall be in
actual service and pay, in or aboard any of our ships of
war, or the
vessels acting by immediate commission or warrant from our
high admiral of
England, under the seal of our admiralty, or from the
commissioners for
executing the office of our high admiral of England
for the time
being; but that such captain, commander, lieutenant, master,
officers, seaman,
soldiers, and other persons offending, shall be left to
be proceeded
against as the merit of their offences shall require, either
by commission
under our great seal of England, as the statute of the
twenty-eighth of
king Henry the eighth directs, or by commission from
our high admiral
of England, or from our commissioners for executing
the office of our
high admiral of England, for the time being, according
to the act of
parliament passed in the thirteenth year of king Charles the
second, entitled,
An act for establishing articles and orders, for the
regulating and
better government of his majesty's navy, ships of war,
and forces by
sea, and not otherwise. PROVIDED NEVERTHELESS, that all
disorders and
misdemeanors committed on shore by any captain, commander,
lieutenant,
master, officer, seaman, soldier, or any other person
whatsoever,
belonging to any of our ships of war, or other vessels acting
by immediate
commission, or warrant from our high admiral of England,
under the seal of
our admiralty, or from our commissioners for executing
the office of
high admiral of England, for the time being, may be tried
and punished
according to the laws and place where any such disorders,
offences and mis
demeanors, shall be committed on shore, notwithstanding
such offender be
in our actual service and in our pay on board any such
our ships of war
or other vessels, acting by immediate commission or
warrant from our
high admiral, or from our commissioners for executing the
office of high
admiral for the time being as aforesaid, so as he shall not
receive any
protection for the delaying of justice, for such offences
committed on
shore, from any pretence of his being employed in our service
at sea. Our will
and pleasure is, that all publick money raised, or that
shall be raised, by
any act hereafter to be made within our said province,
and issued out by
warrant from you, by and with the advice and consent of
our council, and
disposed of by you for the support of the government, and
otherwise; we do
hereby give you the said lord Cornbury, full power and
authority, to
order and appoint fairs, marts, and markets, as also such
and so many
ports, harbours, quays, havens, and other places for the
conveniency and
security of shipping, and for the loading and unloading of
goods and merchandize,
as by you, with the advice and consent of our said
council, shall be
thought fit and necessary. And we do hereby require and
command of all
officers and magistrates, civil and military, and all other
the inhabitants
of our said province, to be obedient, aiding and assisting
unto you the said
lord Cornbury, in the execution of this our commission,
and of the powers
and authorities herein contained; and in case of your
death or absence
out of our said province, to be obedient, aiding and
assisting to such
person as shall be appointed by us, to be our lieuteuant
governor or
commander in chief of the said province, to whom we do
therefore by
these presents, give and grant all and singular the
privileges and
authorities aforesaid, to be by him executed and enjoyed
during our
pleasure, or until your arrival within our said province: And
if upon your
death or absence out of our said province, there be no person
upon the place
commissionated or appointed by us to be our lieutenant
governor, or
commander in chief of the said province; our will and
pleasure is, that
the then present council of our said province, do take
upon them the
administration of the government, and execute this
commission, and
the several powers and authorities herein contained, and
that such
councellor who shall be at the time of your death or absence,
residing within
our said province, and nominated by our instructions to
you, before any
other at that time residing there, do preside in our said
council, with such
privileges and preheminences as may be necessary in
those
circumstances, for the due and orderly carrying on the publick
service in the
administration of the government as aforesaid, until our
pleasure be
further known, or until your return. LASTLY, we do hereby
declare, ordain
and appoint, that you the said lord Cornbury, shall and
may hold, execute
and enjoy the office and place of captain general and
governor in
chief, in and over our province of Nova-Csasaria, or New-
Jersey, together
with all and singular the powers and authorities hereby
granted unto you,
for and during our will and pleasure, from and after the
publication of
this our commission. In witness whereof we have caused
these our letters
to be made patents: Witness ourself at Westminster, the
fifth day of
December, in the first year of our reign."
1 See his
commission in book B. secretary's office, Burlington,
2 Long before,
according to the representation of the lords of trade,
October 2, 1701,
the proprietors (say they) of East-New-Jersey, did
surrender their
pretended right of Government to king James, in the month
of April, 1688;
which was accordingly accepted by him.
3 Vid. Appendix,
numb. viii, ix, x, xi, xii, xiii, xiv.