CHAP. XIII.

 

Instructions from Queen Anne to Lord Cornbury.

 

"INSTRUCTIONS for our right trusty and well beloved Edward lord Cornbury,

our captain general and governor in chief, in and over our province of

Nova-Caesaria, or New-Jersey, in America. Given at our court at St.

Jamess, the sixteenth day of November, 1702, in the first year of our

reign.

 

"1. With these our instructions you will receive our commission under our

great seal of England, constituting you our captain general and governor

in chief of our province of New-Jersey.

 

"2. You are with all convenient speed to repair to our said province, and

being there arrived, you are to take upon you the execution of the place

and trust we have reposed in you, and forthwith to call together the

following persons, whom we do by these presents appoint and constitute

members of our council in and for that province, viz. Edward Hunloke,

Lewis Morris, Andrew Bowne, Samuel Jenings, Thomas Revell, Francis

Davenport, William Pinhorne, Samuel Leonard, George Deacon, Samuel Walker,

Daniel Leeds, William Sandford, and Robert Quarry,1 esquires.

 

"3. And you are with all due solemnity, to cause our said commission under

our great seal of England, constituting you our captain general and

governor in chief as aforesaid, to be read and published at the said

meeting of our council, and to cause proclamation to be made in the

several most publick places of our said province, of your being

constituted by us our captain general and governor in chief as aforesaid.

 

"4. Which being done, you shall yourself take, and also administer to each

of the members of our said council so appointed by us, the oaths appointed

by act of parliament to be taken instead of the oaths 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 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 mentioned in an 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

an oath for the due execution of your and their places and trusts, 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 their utmost, that

the laws relating to the plantations be observed.

 

"5. You are forthwith to communicate unto our said council, such and so

many of these our instructions, wherein their advice and consent are

mentioned to be requisite, as likewise all such others from time to time,

as you shall find convenient for our service to be imparted to them.

 

"6. And whereas the inhabitants of our said province have of late years

been unhappily divided, and by their enmity to each other, our service and

their own welfare has been very much obstructed; you are therefore in the

execution of our commission, to avoid the engaging yourself in the parties

which have been form'd amongst them, and to use such impartiality and

moderation to all, as may best conduce to our service, and the good of the

colony.

 

"7. You are to permit the members of our said council, to have and enjoy

freedom of debate and vote, in all affairs of publick concern, that may be

debated in council.

 

"8. And altho' by our commission aforesaid, we have thought fit to direct

that any three of our councellors make a quorum, it is nevertheless our

will and pleasure, that you do not act with a quorum of less than five

members, except in ease of necessity.

 

"9. And that we may be always informed of the names and characters of

persons fit to supply the vacancies which shall happen in our said

council, you are to transmit unto us, by one of our principal secretary's

of state, and to our commissioners for trade and plantations, with all

convenient speed, the names and characters of six persons, inhabitants of

the eastern division, and six other persons inhabitants of the western

division of our said province, whom you shall esteem the best qualified

for that trust; and so from time to time when any of them shall die,

depart out of our said province, or become otherwise unfit, you are to

nominate unto us so many other persons in their stead, that the list of

twelve persons fit to supply the said vacancies, viz. six out of the east,

and six out of the west division, as aforesaid, may be always compleat.

 

"10. You are from time to time to send to us as aforesaid, and to our

commissioners for trade and plantations, the names and qualities of any

members by you put into our said council, by the first conveniency after

your so doing.

 

"11. And in the choice and nomination of the members of our said council,

as also of the principal officers, judges, assistants, justices and

sheriffs, you are always to take care that they be men of good life, and

well affected to our government, of good estates and abilities, and not

necessitous people or much in debt.

 

"12. You are neither to augment nor diminish the number of our said

council, as it is hereby established, nor to suspend any of the present

members thereof without good and sufficient cause: And in ease of

suspension of any of them, you are to cause your reasons for so doing,

together with the charges and proofs against the said persons, and their

answers thereunto (unless you have some extraordinary reason to the

contrary) to be duly entered upon the council books; and you are forthwith

to transmit the same, together with your reasons for not entering them

upon the council books, (in case you do not enter them) unto us and to our

commissioners for trade and plantations as aforesaid.

 

"13. You are to signify our pleasure unto the members of our said council,

that if any of them shall at any time hereafter absent themselves, and

continue absent above the space of two months together from our said

province without leave from you, or from our governor or commander in

chief of our said province, for the time being, first obtained; or shall

remain absent for the space of two years, or the greater part thereof

successively, without our leave given them under our royal sign manual;

their place or places in our said council, shall immediately thereupon

become void, and that we will forthwith appoint others in their stead.

 

"14. And in order to the better consolidating and incorporating the two

divisions of East and West New-Jersey, into and under one government, our

will and pleasure is, that with all convenient speed, you call together

one general assembly for the enacting of laws for the joint and mutual

good of the whole; and that the said general assembly do sit in the first

place at Perth-Amboy, in East New-Jersey, and afterwards the same, or

other the next general assembly, at Burlington, in West New-Jersey; and

that all future general assemblies do set at one or the other of those

places alternately, or (in cases of extraordinary necessity) according as

you with the advice of our foresaid council, shall think to appoint them.

 

"15. And our further will and pleasure is, that the general assembly so to

be called, do consist of four and twenty representatives, who are to be

chosen in the manner following, viz. two by the inhabitants householders

of the city or town of Perth-Amboy, in East New-Jersey; two by the

inhabitants householders of the city and town of Burlington in West New-

Jersey; ten by the freeholders of East New-Jersey, and ten by the

freeholders of West New-Jersey; and that no person shall be capable of

being elected a representative by the freeholders of either division, or

afterwards of sitting in general assemblies, who shall not have one

thousand acres of land, of an estate of freehold, in his own right, within

the division for which he shall be chosen; and that no freeholder shall be

capable of voting in the election of such representative, who shall not

have one hundred acres of land of an estate of freehold in his own right,

within the division for which he shall so vote: And that this number of

representatives shall not be enlarged or diminished, or the manner of

electing them altered, otherwise than by and act or acts of the general

assembly there, and confirmed by the approbation of us, our heirs and

successors.2

 

"16. You are with all convenient speed to cause a collection to be made of

all the laws, orders, rules, or such as have hitherto served or been

reputed as laws amongst the inhabitants of our said province of

NovaCiesaria, or New-Jersey, and, together with our aforesaid council

and assembly, you are to revise, correct, and amend the same, as may be

necessary; and accordingly to enact such and so many of them, as by you

with the advice of our said council and assembly, shall be judged proper

and conducive to our service, and the welfare of our said province, that

they may be transmitted unto us, in authentic form, for our approbation

or disallowance.

 

"17. You are to observe in the passing of the said laws, and of all other

laws, that the stile enacting the same, be by the governor, council and

assembly, and no other.

 

"18. You are also as much as possible to observe, in the passing of all

laws, that whatever may be requisite upon each different matter, be

accordingly provided for by a different law, without intermixing in one

and the same act, such things as have no proper relation to each other;

and you are especially to take care that no clause or clauses be inserted

in, or annexed to any act, which shall be foreign to what the title of

such respective act imports.

 

"19. You are to transmit authentic copies of the forementioned laws

that shall be enacted, and of all laws, statutes, and ordinances, which

shall at any time hereafter be made or enacted within our said province,

each of them separately, under the publick seal, unto us, and to our said

commissioners for trade and plantations, within three months or by the

first opportunity after their being enacted, together with duplicates

thereof by the next conveyance, upon pain of our high displeasure, and

of the forfeiture of that year's salary, wherein you shall at any time, or

upon any pretence whatsoever, omit to send over the said laws, statutes

and ordinances as aforesaid, within the time above limited, as also of

such other penalty as we shall please to inflict. But if it shall happen,

that during time of war, no shipping shall come from our said province,

or other our adjacent or neighbouring plantations, within three months

after the making such laws, statutes, and or dinances, whereby the same

may be transmitted as aforesaid, then the said laws, statutes and

ordinances are to be so transmitted as aforesaid, by the next conveyance

after the making thereof whenever it may happen, for our approbation or

disallowance of the same.

 

"20. You are to take care, that in all acts or orders to be passed

within that our province in any case for levying money or imposing fines

and penalties, express mention be made that the same is granted or

reserved to us, our heirs or successors, for the publick uses of that our

province, and the support of the government thereof, as by the said act or

orders shall be directed.

 

"21. And we do particularly require and command, that no money, or value

of money whatsoever, be given or granted by any act or order of assembly,

to any governor, lieutenant governor, or commander in chief of our said

province, which shall not according to the stile of acts of parliament in

England, be mentioned to be given and granted unto us, with the humble

desire of such assembly, that the same be applied to the use and behoof of

such governor, lieutenant governor, or commander in chief, if we shall so

think fit; or if we shall not approve of such gift or application, that

the said money or value of money, be then disposed of and appropriated to

such other uses as in the said act or order shall be mentioned; and that

from the time the same shall be raised, it remain in the hands of the

receiver of our said province until our royal pleasure shall be known

therein.

 

"22. You shall also propose with the said general assembly, and use your

utmost endeavours with them, that an act be passed for raising and

settling a publick revenue for defraying the necessary charge of the

government of our said province, in which provision be particularly

made for a competent salary to yourself, as captain general and governor

in chief of our said province, and to other our succeeding captain

generals, for supporting the dignity of the said office, as likewise due

provision for the salaries of the respective members of our council and

assembly, and of all other officers necessary for the administration of

that government.

 

"23. Whereas it is not reasonable that any of our colonies or plantations

should by virtue of any exemptions or other privileges whatsoever, be

allowed to seek and pursue their own particular advantages, by methods

tending to undermine and prejudice our other colonies and plantations,

which have equal title to our royal care; and whereas the trade and

welfare of our province of New-York, would be greatly prejudiced, if not

entirely ruined, by allowing unto the inhabitants of Nova-Caesaria, or New-

Jersey, any exemption from those charges, which the inhabitants of New-

York are liable to; you are therefore in the settling of a public revenue

as before directed, to propose to the assembly, that such customs, duties

and other impositions be laid upon all commodities imported or exported in

or out of our said province of Nova-Caesaria, or New Jersey, as may equal

the charge that is or shall be laid upon the like commodities in our

province of New-York.

 

"24. And whereas we are willing in the best manner to provide for the

support of the government of our said province, by setting apart

sufficient allowances to such as shall be our governor or commander in

chief, residing for the time being within the same; our will and pleasure

therefore is, that when it shall happen, that you shall be absent from the

territories of New-Jersey and New-York, of which we have appointed you

governor, one full moiety of the salary and of all perquisites and

emoluments whatsoever, which would otherwise become due unto you, shall,

during the time of your absence from the said territories, be paid and

satisfied unto such governor or commander in chief who shall be resident

upon the place for the time being, which we do hereby order and allot unto

him towards his maintenance, and for the better support of the dignity of

that our government.

 

"25. Whereas great prejudice may happen to our service and the security of

our said province under your government by your absence from those parts,

without a sufficient cause and especial leave from us; for prevention

thereof, you are not upon any pretence whatsoever, to come to Europe from

your government, without first having obtained leave for so doing, under

our signet and sign manual, or by our order in our privy council.

 

"26. You are not to permit any clause whatsoever to be inserted in any law

for the levying money, or the value of money, whereby the same shall not

be made liable to be accounted for unto us here in England, and to our

high treasurer, or to our commissioners of our treasury for the time being.

 

"27. You are to take care that fair books of accounts of all receipts and

payments of all such money be duly kept, and the truth thereof attested

upon oath, and that the said books be transmitted every half year or

oftner, to our high treasurer, or to our commissioners of our treasury

for the time being, and to our commissioners for trade and plantations,

and duplicates thereof by the next conveyance; in which books shall be

specified every particular sum raised or disposed of; together with the

names of the persons to whom any payment shall be made, to the end we

may be satisfied of the right and due application of the revenue of our

said province.

 

"28. You are not to suffer any publick money whatsoever, to be issued or

disposed of otherwise than by warrant under your hand, by and with the

advice and consent of our said council; but the assembly may be

nevertheless permitted from time to time to view and examine the accounts

of money, or value of money disposed of by virtue of laws made by them,

which you are to signify unto them as there shall be occasion.

 

"29. And it is our express will and pleasure, that no law for raising any

imposition of wines or other strong liquors, be made to continue for less

than one whole year; as also that all laws whatsoever for the good

government and support of our said province, be made indefinite, and

without limitation of time, except the same be for a temporary end, which

shall expire and have its full effect within a certain time.

 

"30. And therefore you shall not re-enact any law which shall have been

once enacted there by you, except upon very urgent occasions, but in no

case more than once without our express consent.

 

"31. You shall not permit any act or order to pass in our said province,

whereby the price or value of the current coin within your government,

(whether it be foreign or belonging to our dominions) may be altered,

without our particular leave or direction for the same.

 

"32. And you are particularly not to pass any law or do any act, by grant,

settlement, or otherwise, whereby our revenue, after it shall be settled,

may be lessened or impaired, without our especial leave or commands

therein.

 

"33. You shall not remit any fines or forfeitures whatsoever, above the

sum of ten pounds, nor dispose of any escheats, fines or forfeitures

whatsoever, until, upon signifying unto our high treasurer, or to our

commissioners of our treasury for the time being, and to our commissioners

for trade and plantations, the nature of the offence and the occasion of

such fines, forfeitures, or escheats, with the particular sums or value

thereof; (which you are to do with all speed) you shall have received our

directions therein; but you may in the mean time suspend the payment of

the said fines and forfeitures.

 

"34. You are to require the secretary of our said province, or his deputy

for the time being, to furnish you with transcripts of all such acts and

publick orders as shall be made from time to time, together with a copy of

the journals of the council, to the end the same may be transmitted unto

us, and to our commissioners for trade and plantations as above directed,

which he is duly to perform, upon pain of incurring the forfeiture of his

place.

 

"35. You are also to require from the clerk of the assembly, or other

proper officer, transcripts of all the journals and other proceedings of

the said assembly, to the end the same may in like manner be transmitted as

aforesaid.

 

"36. Our will and pleasure is, that for the better quieting the minds of

our good subjects, inhabitants of our said province, and for settling the

properties and possessions of all persons concerned therein, either as

general proprietors of the soil under the first original grant of the said

province, made by the late king Charles the second, to the late duke of

York, or as particular purchasers of any parcels of land from the said

general proprietors, you shall propose to the general assembly of our said

province, the passing of such act or acts, whereby the right and property

of the said general proprietors, to the soil of our said province, may be

confirmed to them, according to their respective rights and title; together

with all such quit-rents as have been reserved, or are or shall become due

to the said general proprietors, from the inhabitants of our said province;

and all such privileges as are expressd in the conveyances made by the

said duke of York, excepting only the right of government, which remains

in us: And you are further to take care, that by the said act or acts so

to be passed, the particular titles and estates of all the inhabitants of

that province, and other purchasers claiming under the said general

proprietors, be confirmed and settled as of right does appertain, under

such obligations as shall tend to the best and speediest improvement or

cultivation of the same. PROVIDED ALWAYS, that you do not consent to any

act or acts, to lay any tax upon lands that lie unprofitable.

 

"37. You shall not permit any other person or persons besides the said

general proprietors, or their agents, to purchase any land whatsoever

from the Indians within the limits of their grant.

 

"38. You are to permit the surveyors and other persons appointed by the

forementioned general proprietors of the soil of that province, for

surveying and recording the surveys of land granted by and held of them,

to execute accordingly their respective trusts: And you are likewise to

permit, and if need be, aid and assist such other agent or agents, as shall

be appointed by the said proprietors for that end, to collect and receive

the quit-rents which are or shall be due unto them, from the particular

possessors of any parcels or tracts of land from time to time. PROVIDED

ALWAYS, that such surveyors, agents or other officers appointed by the

said general proprietors, do not only take proper oaths for the due

execution and performance of their respective offices or employments, and

give good and sufficient security for their so doing, but that they

likewise take 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 succcssion 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

forementioned test. And you are more particularly to take care that all

lands purchased from the said proprietors, be cultivated and improved by

the possessors thereof.

 

"39. You shall transmit unto us, and to our commissioners for trade and

plantations, by the first opportunity, a map with the exact description

of our whole territory under your government, and of the several

plantations that are upon it.

 

"40. You are likewise to send a list of officers employed under your

government, together with all publick charges.

 

"41. You shall not displace any of the judges, justices, sheriffs or other

officers or ministers within our said province, without good and

sufficient cause to be signified unto us, and to our said commissioners

for trade and plantations; and to prevent arbitrary removal of judges and

justices of the peace, you shall not express any limitation of time in the

commissions which you are to grant, with the advice and consent of the

council of our said province, to persons fit for those employments, nor

shall you execute yourself, or by deputy, any of the said offices, nor

suffer any persons to execute more offices than one by deputy.

 

"42. Whereas we are given to understand, that there are several offices

within our said province granted under the great seal of England, and that

our service may be very much prejudiced by reason of the absence of the

patentees, and by their appointing deputies not fit to officiate in their

stead; you are therefore to inspect the said offices, and to inquire into

the capacity and behaviour of the persons now exercising them, and to

report thereupon to us, and to our commissioners, for trade and

plantations, what you think fit to be done or altered in relation

thereunto; and you are upon the misbehaviour of any of the said patentees,

or their deputies, to suspend them from the execution of their places,

'till you shall have represented the whole matter and received our

directions therein; but you shall not by colour of any power or authority

hereby or otherwise granted or mentioned to be granted unto you, take

upon you to give, grant or dispose of any office or place within our said

province, which now is or shall be granted under the great seal of

England, any further than that you may upon the vacancy of any such

office or place, or suspension of any such officer by you as aforesaid, put

in any fit person to officiate in the interval 'till you shall have

represented the matter unto us, and to our commissioners for trade and

plantations as aforesaid, (which you are to do by the first opportunity)

and 'till the said office or place be disposed of by us, our heirs or

successors, under the great seal of England, or that our further

directions be given therein.

 

"43. In case any goods, money, or other estate of pirates, or piratically

taken, shall be brought in, or found within our said province of Nova-

Caesaria, or New-Jersey, or taken on board any ships or vessels, you are

to cause the same to be seized and secured until you shall have given us

an account thereof; and received our pleasure concerning the disposal of

the same: But in case such goods or any part of them are perishable, the

same shall be publickly sold and disposed of; and the produce thereof in

like manner secured until our further order.

 

"44. And whereas commissions have been granted unto several persons in our

respective plantations in America, for the trying of pirates in those

parts pursuant to the act for the more effectual suppression of piracy,

and by a commission already sent to our province of New-York, you (as

captain general and governor in chief of our said province of New-York)

are empowered, together with others therein mentioned, to proceed

accordingly in reference to our provinces of New-York, New Jersey, and

Connecticut; our will and pleasure is, that in all matters relating to

pirates, you govern yourself according to the intent of the act and

commission aforementioned; but whereas accessaries in cases of piracy

beyond the seas, are by the same act left to be tried in England,

according to the statute of the second of king Henry the eighth, we do

hereby further direct and require you to send all such accessaries in cases

of piracy in our aforesaid province of Nova-Caesaria or New-Jersey, with

the proper evidences that you may have against them, into England, in

order to their being tried here.

 

"45. You shall not erect any court or office of judicature, not before

erected or established, without our especial order.

 

"46. You are to transmit unto us and to our commissioners for trade and

plantations, with all convenient speed, a particular account of all

establishments of jurisdictions, courts, offices, and officers, powers,

authorities, fees and privileges, which shall be granted or settled within

the said province, by virtue and in pursuance of our commission and

instructious to you our captain general and governor in chief of the same,

to the end you may receive our further direction therein.

 

"47. And you are with the advice and consent of our said council, to take

especial care to regulate all salaries and fees belonging to places, or

paid upon emergencies, that they be within the bounds of moderation, and

that no exaction be made on any occasion whatsoever; as also, that tables

of all fees be publickly hung up in all places where such fees are to be

paid; and you are to transmit copies of all such table of fees to us, and

to our commissioners for trade and plantations as aforesaid.

 

"48. Whereas it is necessary that our rights and dues be preserved and

recovered, and that speedy and effectual justice be administered in all

cases relating to our revenue, you are to take care, that a court of

exchequer be called and do meet at all such times as shall be needful, and

you are to inform us and our commissioners for trade and plantations,

whether our service may require that a constant court of exchequer be

settled and established there.

 

"49. You are to take care that no man's life, member, freehold, or goods

be taken away or harmed in our said province, otherwise than by

established and known laws, not repugnant to, but as much as may be,

agreeable to the laws of England.

 

"50. You shall administer, or cause to be administred, 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 assoeiation to be

determined; as also the forementioned test, to the members and officers of

the council and assembly, and to all judges, justices, and all other

persons that hold any office or place of trust or profit in the said

province, whether by virtue of any patent under our great seal of England,

or otherwise, without which you are not to admit any person whatsoever

into any publick office, nor suffer those who have been admitted formerly

to continue therein.

 

"51. You are to permit a liberty of conscience to all persons (except

papists) so they may be contented with a quiet and peaceable enjoyment

of the same, not giving offence or scandal to the government.

 

"52. And whereas we have been informed, that divers of our good subjects

inhabiting those parts, do make a religious scruple of swearing, and by

reason of their refusing to take an oath in courts of justice and other

places, are or may be liable to many inconveniencies; our will and

pleasure is, that in order to their ease in what they conceive to be matter

of conscience, so far as may be consistent with good order and government,

you take care, that an act be passed in the general assembly of our said

province, to the like effect as that passed here in the seventh and eighth

years of his majesty's reign, entitled, An act, that the solemn

affirmation and declaration of the people called Quakers, shall be

accepted, instead of an oath in the usual form, and that the same be

transmitted to us, and to our commissioners for trade and plantations as

before directed.

 

"53. And whereas we have been further informed, that in the first

settlement of the government of our said province, it may so happen, that

the number of inhabitants fitly qualified to serve in our council in the

general assembly, and in other places of trust or profit there, will be but

small; it is therefore our will and pleasure, that such of the said people

called quakers, as shall be found capable of any of those places or

employments, and accordingly be elected or appointed to serve therein,

may upon their taking and signing the declaration of allegiance, to us in

the form used by the same people here in England, together with a solemn

declaration for true discharge of their respective trusts, be admitted by

you into any of the said places or employments.

 

"54. You shall send an account unto us, and to our commissioners for trade

and plantations, of the present number of planters and inhabitants, men

women and children, as well masters as servants, free and unfree, and of

the slaves in our said province, as also a yearly account of the increase

or decrease of them, and how many of them are fit to bear arms in the

militia of our said province.

 

"55. You shall also cause an account to be kept of all persons born,

christened and buried, and you shall yearly send fair abstracts thereof to

us, and to our commissioners for trade and plantations as aforesaid.

 

"56. You shall take care, that all planters and christian servants, be

well and fitly provided with arms, and that they be listed under good

oficers, and when and as often as shall be thought fit, mustered and

trained, whereby they may be in a better readiness for the defence of our

said province under your government; and you are to endeavour to get an

act passd, (if not already done) for apportioning the number of white

servants to be kept by every planter.

 

"57. You are to take especial care, that neither the frequency, nor

unreasonableness of their marches, musters and trainings, be an

unnecessary impediment to the affairs of the inhabitants.

 

"58. You shall not, upon any occasion whatsoever, establish, or put in

execution, any articles of war, or other law martial, upon any of our

subjects, inhabitants of our said province, without the advice and consent

of our council there.

 

"59. And whereas there is no power given you by your commission, to

execute martial law in time of peace upon soldiers in pay, and that

nevertheless it may be necessary that some care be taken for the keeping

of good discipline amongst those, that we may at any time think fit to

send into our said province, (which may properly be provided for by the

legislative power of the same) you are therefore to recommend to the

general assembly of our said province, that they prepare such act or law

for the punishing of mutiny, desertion and false musters and for the

better preserving of good discipline amongst the said soldiers, as may

best answer those ends.

 

"60. And whereas upon complaints that have been made of the irregular

proceedings of the captains of some of our ships of war, in the pressing

of seamen in several of our plantations; we have thought fit to order, and

have given directions to our high admiral accordingly, that when any

captain or commander, of any of our ships of war, in any of our said

plantations, shall have occasion for seamen to serve on board our ships

under their command, they do make their applications to the governors, and

commanders in chief of our plantations respectively, to whom as vice

admirals, we are pleased to commit the sole power of impressing seamen in

any of our plantations in America, or in sight of any of them, you are

therefore hereby required upon such application made to you, by any of the

commanders of our said ships of war within our province of Nova-Caesaria,

or New-Jersey, to take care that our said ships of war, be furnished with

a number of seamen that may be necessary for our service on board them

from time to time.

 

"61. And whereas together with other powers of vice admiralty, you will

receive authority from our dearest husband prince George of Denmark, our

high admiral of England, and of our plantations, upon the refusal or

neglect of any captain or commander of any of our ships of war, to execute

the written orders he shall receive from you for our service, and the

service of our province under your government, or upon his negligent or

undue execution thereof; to suspend him, such captain or commander from

the exercise of his said office of captain or commander, and to commit him

into safe custody either on board his own ship or elsewhere, at your

discretion, in order to his being brought to answer for such refusal or

neglect, by commission either under our great seal of England, or from our

high admiral, or our commissioners for executing the oflice of our high

admiral of England for the time being.

 

"62. And whereas you will likewise receive directions from our said

dearest husband, as our high admiral of England, and of our plantations,

that the captain or commander, so by you suspended, shall during such his

suspension and commitment, be succeeded in his said office by such

commission or warrant officer of our said ship, appointed by our said high

admiral of England, or by our commissioners for executing the office of

our high admiral of England for the time being, as by the known practice

and discipline of our navy, does and ought to succeed him next as in case

of death, sickness, or other ordinary disability happening to the

commander of any of our ships of war and not otherwise, you standing also

accountable for the truth and importance of the crime and misdemeanor, for

which you shall so proceed to the suspending of such our captain or

commander; you are not to exercise the said power of suspending any such

captains or commanders of our ships of war, otherwise than by virtue of

such commission or authority from our said high admiral; any former custom

or usage to the contrary notwithstanding.

 

"63. Whereas it is absolutely necessary, that we be exactly informed of

the state of defence of all our plantations in America, as well in

relation to the stores of war that are in each plantation, as to the forts

and fortifications there, and what more may be necessary to be built for

the defence and security of the same; you are so soon as possible, to

prepare an account thereof; with relation to our said province of

Nova-Caesaria, or New-Jersey, in the most particular manner, and you are

therein to express the present state of the arms, ammunition, and other

stores of war, either in any publick magazines, or in the hands of private

persons, together with the state of all places either already fortified,

or that you judge necessary to be fortified for the security of our said

province; and you are to transmit the said account to us, and to our

commissioners for trade and plantations by the first opportunity, and

other like accounts yearly in the same manner.

 

"64. And that we may be the better informed of the trade of our said

province, you are to take especial care, that due entries be made in all

ports in our said province of all goods and commodittes, their species or

quantities imported or exported from thence, with the names, burden, and

guns of all ships importing and exporting the same, also the names of

their commanders, and likewise expressing from and to what places the said

ships do come and go, a copy whereof the naval officer is to furnish you

with, and you are to transmit the same unto us, or our high treasurer, or

our commissioners of our treasury for the time being, and to our

commissioners for trade and plantations quarterly, and duplicates thereof

by the next conveyance.

 

"65. And whereas great losses have been sustained by our subjects, trading

to our plantations in America, by ships sailing from those parts without

co[n]voy, or without the company of other ships, which might protect them

from our enemies, by which means many of them have been taken by the

French in their return to England; to the end therefore the ships of our

subjects may be the better secured in their return home, you are to take

care that during this time of war, no ships trading to our province of

Nova-Caesaria, or New Jersey, be permitted to come from thence to England,

but in fleets, or under the convoy or protection of some of our ships of

war, or at such a time as you shall receive notice from hence, of their

meeting such convoys, as may be appointed for the bringing them safe to

some of our ports in this kingdom; and in case of any danger, you are to

expect directions from hence, what precautions shall be further necessary

for their security.

 

"66. You are likewise to examine what rates and duties are charged and

payable upon any goods imported or exported within our province of Nova-

Caesaria, or New-Jersey, whether of the growth or manufacture of the said

province or otherwise, and to use your best endeavours for the improvement

of the trade in those parts.

 

"67. And whereas orders have been given for the commissionating of fit

persons to be officers of our admiralty and customs in our several

plantations in America; and it is of great importance to the trade of this

kingdom, and to the welfare of all our plantations, that illegal trade be

every where discouraged. You are therefore to take especial care, that

the acts of trade and navigation be duly put in execution; and in order

thereunto, you are to give constant protection and all due encouragement

to the said officers of our admiralty and customs, in the execution of

their respective offices and trusts within our terntories under your

government.

 

"68. You are from time to time to give an account as before directed, what

strength your bordering, neighbours have, be they Indians or others, by

sea and land, and of the condition of their plantations, and what

correspondence you do keep with them.

 

"69. You shall take especial care, that God Almighty be devoutly and duly

served throughout your government, the book of common prayer as by law

established, read each sunday, and holy-day, and the blessed sacrament

administered according to the rites of the church of England.

 

"70. You shall be careful that the churches already built there, be well

and orderly kept, and that more be built, as the colony shall by God's

blessing be improved; and that besides a competent maintenance to be

assigned to the minister of each orthodox church, a convenient house be

built at the common charge for each minister, and a competent proportion

of land assigned to him, for a glebe and exercise of his industry.

 

"71. And you are to take care, that the parishes be so limited and

settled, as you shall find most convenient for the accomplishing this

good work.

 

"72. You are not to prefer any minister to any ecclesiastical benefice in

that our province, without a certificate from the right reverend father in

God the lord bishop of London, of his being conformable to the doctrine

and discipline of the church of England, and of a good life and

conversation: And if any person already prefer'd to a benefice, shall

appear to you to give scandal either by his doctrine or manners; you are

to use the best means for the removal of him, and to supply the vacancy in

such manner as we have directed.

 

"73. You are to give order, that every orthodox minister within your

government, be one of the vestry in his respective parish, and that no

vestry be held without him, except in case of sickness, or that after the

notice of a vestry summon'd, he omit to come.

 

"74. You are to enquire whether there be any minister within your

government, who preaches and administers the sacraments in any orthodox

church or chapel, without being in due orders, and to give account thereof

to the said lord bishop of London.

 

"75. And to the end the ecclesiastical jurisdiction of the said lord

bishop of London, may take place in our said province so far as

conveniently may be, we do think fit that you give all countenance and

encouragement to the exercise of the same, excepting only the collating

to benefices, granting licences for marriages, and probate of wills, which

we have reserved to you our governor and the commander in chief of our

said province for the time being.

 

"76. And you are to take especial care, that a table of marriages

established by the cannons of the church of England, be hung up in every

orthodox church, and duly observed, and you are to endeavour to get a law

passed in the assembly of our said province, (if not already done) for the

strict observation of the said table.

 

"77. You are to take care, that drunkenness and debauchery, swearing and

blasphemy, be discountenanced and punished: And for the further

discountenance of vice, and encouragement of virtue and good living, (that

by such example the infidels may be invited and desire to partake of the

christian religion) you are not to admit any person to publick trusts and

employments in our said province under your government, whose ill fame and

conversation may occasion scandal.

 

"78. You are to suppress the ingrossing of commodities as tending to the

prejudice of that freedom which commerce and trade ought to have, and to

settle such orders and regulations therein with the advice of the council,

as may be most conducive to the benefit and improvement of that colony.

 

"79. You are to give all due encouragement and invitation to merchants and

others, who shall bring trade unto our said province, or any way

contribute to the advantage thereof; and in particular the royal African

company of England.

 

"80. And whereas we are willing to recommend unto the said company, that

the said province may have a constant and sufficient supply of

merchantable Negroes, at moderate rates, in money or commodities; so you

are to take especial care, that payment be duly made, and within a

competent time according to their agreements.

 

"81. And you are to take care, that there be no trading from our said

province to any place in Africa, within the charter of the royal African

company, otherwise then prescribed by an act of parliament, entitled, An

act to settle the trade to Africa.

 

"82. And you are yearly to give unto us, and to our commissioners for

trade and plantations, an account of what number of Negroes our said

province is yearly supplied with, and at what rates.

 

"83. You are likewise from time to time, to give unto us, and to our

commissioners for trade and plantations as aforesaid, an account of the

wants and defects of our said province, what are the chief products

thereof; what new improvements are made therein by the industry of the

inhabitants or planters, and what further improvements you conceive may be

made, or advantages gained by trade, and in what manner we may best

advance the same.

 

"84. You are not to grant commissions of marque or reprisals, against any

prince or state, or their subjects in amity with us, to any person

whatsoever, without our especial command.

 

"85. Our will and pleasure is, that appeals be made in cases of error from

the courts in our said province of Nova-Caesaria, or New-Jersey, unto you

and the council there; and in your absence from our said province, to our

commander in chief for the time being, and our said council, in civil

causes, wherein such of our said council as shall be at that time judges

of the court from whence such appeal shall be made to you our governor,

and council, or to the commander in chief for the time being, and council

as aforesaid, shall not be admitted to vote upon the said appeal, but they

may nevertheless be present at the hearing thereof; to give the reasons of

the judgment given by them, in the cause wherein such appeal shall be

made. PROVIDED NEVERTHELESS, that in all such appeals, the sum or value

appealed for exceed one hundred pounds sterling, and that security be

first duly given by the appellant to answer such charges as shall be

awarded in case the first sentence be affirmed.

 

"86. And if either party shall not rest satisfied with the judgment of

you, or the commander in chief for the time being, and council as

aforesaid; our will and pleasure is, that they may then appeal unto us, in

our privy council, provided the sum or value so appealed for unto us, do

exceed two hundred pounds sterling, and that such appeal be made within

fourteen days after sentence; and that good security be given by the

appellant, that he will effectually prosecute the same, and answer the

condemnation, as also pay such costs and damages as shall be awarded by

us, in case the sentence of you, or the commander in chief for the time

being, and council, be affirmed. And provided also, that execution be

not suspended by reason of any such appeal to us.

 

"87. You are also to permit appeals to us in council, in all cases of

fines imposed for misdemeanors; provided the fines so imposed, amount to

or exceed the value of two hundred pounds, the appellant first giving good

security, that he will effectually prosecute the same, and answer the

condemnation, if the sentence by which such fine was imposed in our said

province of Nova-Caesaria, or New-Jersey, shall be confirmed.

 

"88. You are for the better administration of justice, to endeavour to get

a law passed (if not already done) wherein shall be set the value of men's

estates either in goods or lands, under which they shall not be capable of

serving as jurors.

 

"89. You shall endeavour to get a law passd for the restraining of any

inhuman severity, which by ill masters or overseers, may be used towards

their christian servants, and their slaves, and that provision be made

therein, that the wilful killing of Indians and Negroes may be punished

with death, and that a fit penalty be imposed for the maiming of them.

 

"90. You are also with the assistance of the council and assembly, to find

out the best means to facilitate and encourage the conversion of Negroes

and Indians, to the christian religion.

 

"91. You are to endeavour with the assistance of the council to provide

for the raising of stocks, and building of publick work-houses, in

convenient places, for the employing of poor and indigent people.

 

"92. You are to propose an act to be passed in the assembly, whereby the

creditors of persons becoming bankrupts in England, and having estates in

our aforesaid province of New-Jersey, may be relieved and satisfied for

the debts owing to them.

 

"93. You are to encourage the Indians upon all occasions, so as they may

apply themselves to the English trade and nation, rather than to any other

of Europe.

 

"94. And whereas the preservation of the northern frontiers of our

province of New-York, against the attempts of any enemy by land, is of

great importance to the security of our other northern plantations on the

continent of America, and more especially of our said province of

New-Jersey, which lies so near adjoining to our province of New-York, and

the charge of erecting and repairing the fortifications, and of

maintaining the soldiers necessary for the defence of the same, is too

great to be borne by the single province of New-York, without due

contrbutions from others concerned therein, for which reason, we have

upon several occasions, required such contributions to be made, and

accordingly settled a quota to regulate the proportions thereof; you are

therefore to take further care, to dispose the general assembly of our said

province of New-Jersey, to the raising of such other supplies, as are or

may be necessary for the defence of our province of NewYork, according to

the signification of our will and pleasure therein, which has already been

made to the inhabitants of New-Jersey, or which shall at any time

hereafter be made to you our governor, or to the commander in chief of

our said province for the time being.

 

"95. And in case of any distress of any of our plantations, you shall upon

application of the respective governors to you, assist them with what aid

the condition and safety of your government will permit, and more

particularly in case our province of New-York, be at any time attacked by

an enemy, the assistance you are to contribute towards the defence

thereof, whether in men or money, is according to the forementioned quota

or repartition, which has already been signified to the inhabitants of our

foresaid province under your government, or according to such other

regulations as we shall hereafter make in that behalf, and signify to you

or the commander in chief of our said province for the time being.

 

"96. And for the greater security of our province of New-Jersey, you are

to appoint fit officers and commanders in the several parts of the

country bordering upon the Indians, who upon any invasion may raise men

and arms to oppose them, until they shall receive your directions therein.

 

"97. And whereas we have been pleased by our commission to direct, that in

case of your death or absence from our said province, and in case there be

at that time no person upon the place commissionated or appointed by us to

be our lieutenant governor, or commander in chief, the then present

council of our said province, shall take upon them the administration of

the government, and execute our said cornmission, and the several powers

and authorities therein contained in the manner therein directed; it is

nevertheless our express will and pleasure, that in such case the said

council shall forbear to pass any acts, but what are immediately necessary

for the peace and welfare of our said province, without our particular

order for that purpose.3

 

"98. You are to take care, that all writs be issued in our name throughout

our said province.

 

"99. Forasmuch as great inconveniencies may arise by the liberty of

printing in our said province, you are to provide by all necessary orders,

that no person keep any press for printing, nor that any book, pamphlet

or other matters whatsoever be printed without your especial leave and

license first obtained.

 

"100. And if any thing shall happen that may be of advantage and security

to our said province, which is not herein, or by our commission to you

provided for, we do hereby allow unto you, with the advice and consent of

our council of our said province, to take order for the present therein,

giving unto us by one of our principal secretary's of state, and to our

commissioners for trade and plantations, speedy notice thereof, that so

you may receive our ratification if we shall approve of the same.

 

"101. PROVIDED ALWAYS, that you do not by any colour of any power or

authority hereby given you, commence or declare war, without our knowledge

and particular commands therein, except it be against against Indians,

upon emergencies, wherein the consent of our council shall be had, and

speedy notice given thereof unto us as aforesaid.

 

"102. And you are upon all occasions to send unto us by one of our

principal secretary's of state, and to our commissioners for trade and

plantations, a particular account of all your proceedings, and of the

condition of affairs within your government.

 

"103. And whereas the lords spiritual and temporal in parliament, upon

consideration of the great abuses practised in the plantation trade, did

by an humble address, represent to his late majesty, the great importance

it is of; both to this our kingdom and to our plantations in America, that

the many good laws which have been made for the government of the said

plantations, and particularly the act passed in the seventh and eighth

years of his said majesty's reign, entitled, An act for preventing frauds,

and regutating abuses in the plantation trade, be strictly observed. You

are therefore to take notice, that whereas notwithstanding the many good

laws made from time to time, for preventing frauds in the plantation

trade, it is nevertheless manifest, that very great abuses have been and

continue still to be practised to the prejudice of the same, which abuses

must needs arise, either from the insolvency of the persons who are

accepted for the security or from the remissness or connivance of such as

have been, or are governors in the several plantations, who ought to take

care, that those persons who give bond should be duly prosecuted, in ease

of non-performance; we take the good of our plantations and the

improvement of the trade thereof; by a strict and punctual observance of

the several laws in force concerning the same, to be of so great

importance to the benefit of this our kingdom, and to the advancing of the

duties of our customs here, that if we shall be hereafter informed, that

at any time there shall be any failure in the due observance of those

laws, within our foresaid province of Nova-Caesaria, or New Jersey, by any

wilful fault or neglect on your part, we shall look upon it as a breach of

the trust reposed in you by us, which we shall punish with the loss of

your place in that government, and such further marks of our displeasure,

as we shall judge reasonable to be inflicted upon you, for your offence

against us, in a matter of this consequence, that we now so particularly

charge you with."

 

1 Quarry was said to be of the council for five governments at one time,

viz. New-York, New-Jersey, Pennsylvania, Maryland, and Virginia; he died

about the year 1712. Beverly in his history of Virginia, pp. 92, 96, 97,

represents him as joining with Nicholson, the then governor of that

colony, in unfavourable representations against the colonies.

 

2 This clause was soon altered as follows:

 

"ANNE R.

 

"Additional instructions to our right trusty and well beloved Edward lord

Cornbury, our captain general and governor in chief, in and over our

province of Nova-Caesaria, or New-Jersey, in America: Given at our court

of St. Jamess, the third of May 1705, in the fourth year of our reign.

 

"WHEREAS by a clause in our general instructions to you, for the

government of our province of New-Jersey, the representatives for the

general assembly of that province are appointed to be chosen as follows,

viz. two by the inhabitants house holders of the city or town of Perth-

Amboy, in East New-Jersey; two by the inhabitants house holders of the

city and town of Burlington, "in West New-Jersey; ten by the freeholders

of East New-Jersey, and ten by the freeholders of West New-Jersey: And it

having been represented to us by you our governor, that several

inconveniencies have arisen from the aforesaid manner of chusing

representatives; it is our will and pleasure, and you are accordingly to

make the same known in the most publick manner, that the method for chusing

representatives for the future be as follows, viz. two by the inhabitants

house holders of the city or town of Perth-Amboy, in East New-Jersey, and

two by the freeholders of each of the five counties of the said division

of East New-Jersey; two by the inhabitants house holders for the city or

town of Burlington, in West New-Jersey; two by the inhabitants

householders of the town of Salem, in the said division, and two by the

freeholders of each of the four counties in the said division of West New-

Jersey; which persons so to be chosen make up together the number of

twenty four representatives, as limited by our former instructions.

 

"And it is our further will and pleasure, that no person shall be capable

of being elected a representative by the freeholders of either division as

aforesaid, or afterwards of sitting in general assemblies, who shall not

have one thousand acres of land of an estate of freehold in his own right,

within the division for which he shall be chosen, or personal estate in

money, goods or chattels, to the value of five hundred pounds sterling;

and all inhabitants of our said province being so qualified as aforesaid,

are hereby dedared capable of being elected accordingly: And it is

likewise our pleasure, that no freeholder shall be capable of voting in

the election of such representatives, who shalt not have one hundred acres

of land of an estate of freehold in his own right, within the county for

which he shall so vote, or a personal estate in money, goods or chattels,

to the value of fifty pounds sterling; and all freeholders in our said

province being so qualified as aforesaid, are hereby declared capable of

voting in the election of representatives; which number of representatives

shall not be enlarged or diminished, or the manner of electing them

thereby directed, altered there, otherwise than by an act or acts of the

general assembly, to be confirmed by the approbation of us, our heirs and

successors. And whereas it may be inconvenient, that the governor and

lieutenant governor of our said province of New-Jersey, for both of them

to be absent from thence at the same time; it is our will and pleasure,

that as soon as the general assembly of our said province shall have

provided a house, and our lieutenant governor with a convenient room for

the meeting of our council, and settled convenient salaries, which you are

in our name to press them to do, that either you or our lieutenant

governor, do constantly reside in our said province, and that you be not

both absent at the same time: It is likewise our will and pleasure,

that no fees be exacted or taken by any of the officers under you, for the

grants of lands made by the agents of the proprietors; and the said agents

are to deliver to you in council, duplicates of all such grants to be

registered in our council books.

 

3 This article was afterwards supplied as follows:

 

"ANNE R.

 

"Additional instruction to our right trusty and well beloved Edward lord

viscount Cornbury, our captain general and govetnor in chief of our

province of New-Jersey, in America, and in his absence to our lieutenant

governor and commander in chief of our said province for the time being.

Given at our court at Kensington, the third day of May, in the sixth year

of our reign, 1707.

 

"WHEREAS by a clause in our commission and instruction to you our captain

general and governor in chief of our province of New-Jersey, it is

directed, that upon your death or absence, in case there be no lieutenant

governor appointed by us upon the place, that then the council do take

upon them the administration of the government, and that the eldest

councellor do preside as by the said commission and instructions is more

particularly set forth; and we having observed, that this instruction has

given occasion of many controversies and disputes between the president

and the councellors, and between the councellors themselves and otherwise,

in several of our plantations, to the great hindrance of the publick

business, and the prejudice and disturbance of our service there; our will

and pleasure therefore is, that if upon your death or absence there be no

person upon the place commissionated by us to be our lieutenant governor

or commander in chief, the eldest councellor whose name is first placed in

our said instructions to you, and who shall be at that time of your death

or absence residing within our said province of New-Jersey, shall take

upon him the administration of the government and execute our said

commission and instructions, and the several powers and authorities

therein contained, in the same manner and to all intents and purposes, as

either our governor or commander in chief should or ought to do in case of

your absence, or until your return, or in all cases until our further

pleasure be known therein. So we bid you heartily farewel.

 

"By her majesty's command,

 

"SUNDERLAND.

 

The following instruction relates also to the council, and bears date in

the same year.

 

"ANNE R.

 

"Right trusty and well beloved, we greet you well: Whereas we are sensible

that effectual care ought to be taken to oblige the members of our council

to a due attendance therein, in order to prevent the many inconveniencies

that may happen from the want of a quorum of the council to transact

business as occasions require; it is our will and pleasure, that if any of

the members of our said council shall hereafter wilfully absent themselves

when duly summoned, without a just and lawful cause, and shall persist

therein after admonition, you suspend the said councellors so absenting

themselves 'till our further pleasure be known, giving us timely notice

thereof; and we hereby will and require you that our royal pleasure be

signified to the several members of our council in New-Jersey, and that it

be entered in the council books of our said province as a standing rule;

so we bid you farewel. Given at our court of Kensington, the twentieth day

of November, 1707, in the the sixth year of our reign.

"By her majesty's command,

"SUNDERLAND."

 

H