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.