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