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 comm