History of Nova Caesarea - Part 5



CHAP. XI.
Manner of the West-Jersey Government in 1684; Their unsettled state, and
succession of governors; Danger of suffering for want of food in 1687; The
division line run by G. Keith, and agreement between the governors Coxe and
Barclay; Alteration in the manner of locating lands in West-Jersey, and the
method now in use fixed; No person in West-Jersey to purchase from the
Indians, without the consent of the council of proprietors; and
instructions respecting deeds and warrants for taking up lands.

The assembly of West-Jersey at their meeting the 20th of the third month,
this year chose Thomas Olive governor, and chairman or speaker; in both
which capacities the governor now acted; the several branches of the
legislature we have seen doing their business in common together; the
peoples choice the foundation of the whole, whose representatives were
distinctly returned from their respective first, second, third and Salem
tenths, (which were all the tenths yet settled) at their first meetings
they chose the governor, council, commissioners to lay out land, and all
the other officers of government.

Olive had been twice governor of West-Jersey before, and continued on the
last choice in that station for a year past;1 but Byllinge having desisted
from the claims which the assembly and their constituents had thought
unjust, and which had been the cause of their undertaking in opposition to
him to choose the governor, and he in this year sending a fresh commission
to John Skeine to be his deputy,2 the assembly and people submitted to
him, tho' they had before refused William Welsh in that capacity, while
Byllinge continued the claims aforesaid: Skeine died in the twelfth month
1687; but Dr. Daniel Cox, of London, the greatest proprietor of West-
Jersey,3 was the September before appointed to succeed him; he continued
in that station 'till about the year 1690, 4 having appointed Edward
Hunloke his deputy; sometime afterwards a commission was sent to John
Tatham, who being a jacobite; and as such by principle disqualified, him
the assembly rejected; on which the proprietors sent a commission in 1692
to Andrew Hamilton.5 He was accepted and continued governor of West-Jersey,
while it remained under the proprietary jurisdiction, tho' with some
interruption in 1698, of which hereafter; being also some part of the time
governor of both East and West-Jersey, and Pennsylvania.

The year 1686, seems to have been a dangerous one in East-Jersey, if the
law then passed against wearing swords was properly founded: According to
that, several persons had received abuses, and were put in great fear from
quarrels and challenges; to prevent it for the future, none by word or
message, were to make a challenge, upon pain of six months imprisonment
without bail or mainprize, and a ten pound fine; whoever accepted or
concealed the challenge, was also to forfeit ten pounds; no person was to
wear any pocket pistols, skeins, stilladers, daggers or dirks, or other
unusual weapons, upon pain of five pounds forfeiture for the first
offence, and for the second to be committed; and on conviction imprisoned
for six months, and moreover to pay a fine of ten pounds; no planter was
to go arm'd with sword, pistol, or dagger, upon penalty of five pounds.
Officers, civil and military, soldiers in service, and strangers
travelling upon lawful occasions, were excepted. This law for any thing
that appears, is yet in force.

The settlers in both West Jersey, and Pennsylvania, about the year 1687,
were put to difficulties on account of food; their crops having in great
part failed; several families had already spent their last, and were
forced to subsist on what was spared by such of their neighbours as were
better provided; these were few in proportion to the mouths to be filled:
Some nigh the rivers had lived weeks upon fish, others were forced to put
up with herbs; but unexpectedly to many arrived a vessel from New-England
to Philadelphia, laden with corn, which proved an agreeable supply; this
vessel meeting with a good market others soon followed; so that the
settlers were not afterwards exposed to the like necessity for want of
food.

In this year, George Keith, surveyor-general of East-Jersey, by order of
the proprietors there, attempted to run the division line between East and
West-Jersey; pursuant to an award on the terms established in the
quintipartite deed.6 He began with a line from little Egg Harbour, north
by west and three degrees five minutes more westerly, as the compass then
pointed for a part; the line he run sixty miles in length, 'till he fell
upon the corner of Dobie's plantation, on the south branch of Rariton:
This, by order of the council of proprietors of West-Jersey, in or about
the year 1721, was traversed by John Chapman, esteemed a careful surveyor;
upon the computation it appeared, that the line at the time of his
traverse, was north sixteen degrees and forty three minutes west, which
leaves a varation of two degrees and twenty three minutes in that thirty-
four years. The remaining part of Keith's line was from Dobie's plantation,
along the rear of that and other tracts and plantations, as they were
before patented and surveyed in right of the proprietors of the eastern
division of New-Jersey, until it intersects that part of the north branch
of Rariton river, which descends from a fall of water, commonly called and
known by the Indian name of Allamitung then running from that point
intersection up the branch of stream of the fall of Allamitung.

Upon the original running this line, the western proprietors thought too
much of their best lands were surveyed to the eastward; and were uneasy
with it. In the fall 1688, the governors of East and West-Jersey, on
behalf of each division, entered into the following agreement:

"London, September 5, 1688.

"It is agreed this day, by Dr. Daniel Coxe, governor of the province of
West-Jersey, on behalf of himself, and all the rest of the proprietors of
that province, on the one part; and Robert Barclay, governor of the
province of East-Jersey, on behalf of himself and all the rest of the
proprietors of that province, on the other part; as followeth, viz. For
the final determination of all differences, concerning the deed of
partition; and all other disputes and controversies about dividing the
lands, and settling the bounds between East and West-Jersey.

"1. The line of partition run strait from little Egg-Harbour, to the most
westerly corner of John Dobie's plantation, as it stands on the south
branch of Rariton river, shall be the bounds so far between East and West-
Jersey, and shall not be altered; but remain as it stands, on a printed
draught of the proprietors lands, surveyed in East-Jersey, and drawn by
John Reid, and since printed here.

"2. From thence to run along the back of the adjoining plantations, until
it comes to James Dundass his plantation; and from thence, at the most
north westerly part thereof, a line to lye down with a line on the back of
those plantations, and so to run north eastward, 'till it touch the north
branch of Rariton river, as it is struck upon the map already; but saving
the plantations already laid out, to be within the line, if they happen to
stand a little more westerly than that line is marked. "3. From the north
end of the line, where it touches Rariton north branch; thence forward the
largest stream or current of water belonging to the said north branch,
shall be the bound or partition; and so continuing along the same, unto
the north end thereof, for the bounds so far.

"4. From the said north end of the branch, a short strait line to run to
touch the nearest part of Passaick river; and so following the course of
that river, continuing Poquanick river, so long as it runs northerly or
north westerly; those rivers still to be the bounds between both
provinces; and if Poqnanick river do not run far enough to the latitude of
forty one degrees; then from the said river, a straight line to be run
northward to the latitude; and that to be the utmost north partition point,
and from the said point in a strait line due east to the partition point on
Hudson's river, between East-Jersey and New-York: Provided always, that
all plantations and tracts of land, laid out and surveyed, before this
agreement arrives in East-Jersey, shall remain to the parties concerned;
and the partition shall so run as to include them within East-Jersey
bounds.

"Lastly, Dr. Coxe doth covenant and promise, to make good the agreements
above written, and warrant the title and quiet possession of all the lands
so to be appropriated to the proprietors of East-Jersey, according to the
limits and bounds abovementioned, against all persons that shall or may
pretend, or claim any interest to any of the said lands, as West-Jersey
proprietors: And Robert Barclay doth covenant and promise, to make good
the agreement above written, and warrant the title and quiet possession of
lands, so to be appropriated, to the proprietors of West-Jersey, according
to the limits and bounds abovementioned, against all persons that shall or
may pretend or claim any interest to any of the said lands, as East-Jersey
proprietors: For performance of all and every the respective articles and
covenants herein mentioned; they do mutually bind themselves, each to the
other, in the sum of five thousand pounds, to be well and truly paid on
the breach of any of the clauses and covenants, herein before mentioned.
In witness whereof, they have interchangeably set their hands and seals,
the day and year first above written.7
"ROBERT BARCLAY.
"Sealed and delivered in the presence of
"DAVID HEWLING.
"STEPHEN LUCOCK.

Notwithstanding this agreement, and that the parties have at several times
seemed desirous the line should be properly run out and fixed; the
necessary preliminaries could never yet be sufficiently settled; those of
East-Jersey being thought by the western proprietors to have the advantage
in every step hitherto taken; while they on the contrary, have not been
wanting to alledge their reasons.8 In order to keep the transactions
relative to the division line together, we are necessarily brought forward
in course of time, with respect to the manner of locating the proprietors
lands in West-Jersey; the divisions and sub-divisions of shares had
multiplied demands, and introduced a necessity for other measures than had
been hitherto in practice; accordingly in 1687, the proprietors found it
expedient to enter into the following agreement:

"Whereas by experience it hath been found, that the concerns particularly
relating to the proprietors of the province of West New-Jersey, by reason
of the great difficulty of getting them together, upon several emergent
occasions, have been greatly detrimental not only to the carrying on and
progress of the same necessary and publick concerns, but also very
chargeable and burthensome to the said proprietors, especially those of
them who live at a great distance; and also complained of by the members
of the general assembly, as taking up a great part of their time, in an
affair particularly relating to the proprietors; and finding that the
affair touching the publick concerns of the said proprietors, may be
carried on with far less charge and burthen to the whole, and with more
effect by such number of persons, as by the proprietors shall be esteemed
fit and qualified on their behalf, to transact and agitate their publick
affairs as proprietors: We therefore, underwritten proprietors of the
province aforesaid, being met together at Burlington, in the same
province, this fourteenth day of the twelfth month, anno 1687, by a
general appointment of the same proprietors; do therefore unanimously
agree together as followeth, (viz.) That eleven proprietors within the
said province, shall be yearly and every year, nominated, elected and
chosen, by and amongst the said proprietors, to be commissioners and
trustees at a day certain; six whereof in the county of Burlington, and
five within the county of Gloucester, in the province aforesaid; who shall
be, and are impower'd to act and plead in all such affairs, as do, and
shall generally concern the body of the said proprietors of the same
province, as fully and effectually as if the whole body of the same
proprietors were together, and should personally do, and conclude the
same; which act and acts, thing and things, by the same commissioners and
trustees for the time being, so from time to time to be done and performed
as aforesaid, we the said proprietors do hereby ratify, establish and
confirm; and we do hereby nominate and appoint our trusty friends Samuel
Jenings, Thomas Olive, William Biddle, Elias Farre, Mahlon Stacy, Francis
Davenport, Andrew Robeson, William Royden, John Reading, William Cooper,
and John Wills, commissioners and trustees for the year next ensuing, to
do, act and officiate in the affairs aforesaid, until the tenth day of the
second month, anno domini 1688; and we do hereby agree and appoint, that
each and every of the said commissioners and trustees now elected and
chosen, and from time to time hereafter to be elected and chosen, shall
have and be allowed two shillings per day, for each and every day they
shall be concerned to act in the affair aforesaid; the same to be paid by
the proprietors of the province proportionably to their respective shares
of the said province. In testimony whereof, we the proprietors of the
province aforesaid, have to this instrument, in this and the schedule
hereunto affixed, put our hands, dated the fourteenth day of the twelfth
month called February, anno domini 1687."

"At a meeting of the proprietors at Burlington, this sixth of the seventh
month, in the year 1688; it is agreed, that five of the commissioners
shall be a quorum in all their meetings, and shall have power to act in as
full manner as if the whole number of eleven were present; and it is
further agreed, that the said commissioners shall meet at least once a
quarter, the day after each quarter sessions.

"Thomas Hutchison, Christopher Wetherill, Thomas Butcher, John Pancoast,
Henry Grubb, John Tatham, Thomas Barton, John Wooleton, Robert Turner,
Thomas Budd, George Hutchinson, John Dayes, John Shinn, Henry Wood, John
Kay, Thomas Matthews, Thomas Sharp, Isaac Marriot, Bernard Devonish,
Samuel Oldale, Thomas French, Percival Towle, Francis Collins, Thomas
Gardiner, Daniel Wills, William Meyers, Anthony Elton, John Hugg, Richard
Herritage, William Bate, William Alberson."

An instrument of the same form and date, signed in Gloucester county, by:
Woolla Dalbo, William Cooper, William Alberson, John Ladd, John Hugg, jun.,
John Wills, Thomas Sharp, John Rambo, Robert Zane, James Atkinson, Francis
Collins, Thomas Thackera, John Hugg. Indorsed on the back side:

"We the within subscribers, do approve of, ratify and confirm the persons
within mentioned, to serve as our representatives for the year ensuing,
with these alterations following, viz. instead of Mahlon Stacy and Francis
Davenport, that John Tatham and George Hutchinson, be elected and serve in
their stead; and in place of William Cooper, Thomas Gardiner, jun. is
elected to serve in his stead; and that instead of eleven trustees, there
shall be but nine for the year ensuing; five of which shall make a quorum:
All which is consented to, concluded, and agreed upon, this first of the
first month, at Gloucester, anno 1688, by the proprietors within
subscribed."

On this agreement with some little variations afterwards, is founded the
present constitution of the council of proprietors of West-Jersey; the
following minutes, being some of their first proceedings thereafter, shows
their method and practice for some time after the establishment of the
said constitution.

"At a meeting of several proprietors of West-Jersey, at Burlington, on the
sixth day of the seventh month, anno domini 1688.

"It was then and there debated, and being put to the vote, agreed by the
proprietors then present, that every proprietor, and every person
interested in proprieties, shall pay to the use of Daniel Coxe, to any
person appointed to receive it, as a reimbursement for the money laid out
by him, in the Indian purchase lately made in the lower counties, the sum
of twelve shillings and six pence for every thousand acres, and so
proportionably to be taken up out of that purchase; the first year to begin
the first day of April last past, and from that time twelve months, to
advance eighteen pence upon every year ensuing, until the time that the
money aforesaid to be paid for; the land to be laid out within the bounds
of the same purchase, as consideration for the monies disbursed by the
said Daniel Coxe in the said Indian purchase of the whole tract, which,
by the surveyor Andrew Robeson, is computed to be three hundred thousand
acres of good land, capable and worthy of improvements; which money being
paid, the party so paying shall be acquitted of all other payments on the
consideration aforesaid.

"2. That the surveyor for the time being, be engaged not to set out any
land within the limits of this Indian purchase, until the money
abovementioned be paid and secured as abovesaid.

"3. And it is further agreed that for the land taken up by order of the
said Dr. Coxe, above the falls of Delaware, every proprietor taking up any
part thereof, shall pay to Dr. Coxe, or his order, the sum of twenty-five
shillings per thousand acres, and two shillings and six pence yearly
consideration, 'till the money be paid."

"At a meeting of the council of proprietors, being nominated, elected and
constituted by the proprietors of the province of West-Jersey, to
negotiate their affairs for the year ensuing, held at Burlington, the
eighteenth day of September, anno domini, 1688.

"Elected, Thomas Olive, Andrew Robeson, Samuel Jenings, Francis Davenport,
William Biddle, Mahlon Stacy, William Roydon, William Cooper and John
Reading; five of which shall make a quorum. "Present at this meeting,
these persons; Thomas Olive, Andrew Robeson, Samuel Jenings, William
Biddle, Francis Davenport, William Roydon, William Cooper. Thomas Olive,
president.

"Imprimis, It is agreed, ordered and concluded by authority of the council
abovesaid, That Samuel Jenings be, and is hereby appointed commissioner,
to examine all deeds, taking a minute of the same, and issue warrants to
the surveyor general, for the surveying and taking up of lands; keeping a
record of the same, and this for the inhabitants within the county of
Burlington, or to any others as occasion shall require.

"2. It is likewise agreed and ordered, that John Reading shall perform the
same service, for the inhabitants within the county of Gloucester; and to
all others as occasion shall require.

"3. And it is ordered and appointed, that for the support of their
service, every warrant for land under one hundred acres, shall pay the sum
of one shilling; and one hundred acres and above, under one thousand,
shall pay the sum of eighteen pence; and one thousand acres and upwards,
shall pay the sum of two shillings and six pence.

"4. And it is further ordered, that the said Samuel Jenings and John
Reading, shall, upon demand of this council, at any time, deliver into
them a copy of their said minutes by them taken from time to time.

"5. And it is ordered and appointed by the authority aforesaid, that
Andrew Robeson, the surveyor general, shall from time to time, upon demand
of this council, make return to them of all warrants executed by him, that
have not been returned before.

"6. And it is likewise ordered and appointed by this council, That Mahlon
Stacy, John Day, William Wood and John Hollinshead, shall be rangers for
the county of Burlington and upwards; and John Kay, Thomas Sharp and
Israel Helme, jun. shall be rangers for the county of Gloucester, for the
year ensuing.

"7. It is also concluded and ordered, that no person or persons
whatsoever, shall presume to purchase any land from the Indians, without
the consent of this council first obtained, otherwise to be prosecuted as
our common enemy."

The council adjourns until the fourth day of November next:

"At a meeting of the council of proprietors in Burlington, upon the tenth
day of eighth month, anno 1688.

"Present in council, Thomas Olive, president. Andrew Robeson, William
Biddle, Samuel Jenings, William Royden, John Reading.

"Imprimis, whereas John Skene is appointed by the secretary and register
general of the dominion and territories of New-England, to receive the
records, rolls and papers from Thomas Revel and John Reading, who hath
already demanded the same; and the said Thomas Revel and John Reading,
making their application to the council, to know their pleasure therein.

"The council have, and do order, that all records relating to government,
may be delivered according to the secretary's order; but such as relate to
lands they judge to be the proprietors property, and that they ought to
abide and remain with them, and hope the governor is already satisfied
therewith."

The council adjourns 'till the sixth hour in the morning, on the 11th day:

"The eleventh of the eighth month.

"Agreed and concluded, that all deeds granted only by Edward Byllinge, in
and before the year 1682, shall be adjudged and esteemed insufficient for
the commissioners to grant warrants upon." The form of the commissioners
commission:

"A. B. thou art hereby authorized, by the power and order of the council
of proprietors, to be commissioner for the county of - - - - - for the
examining of deeds, and granting warrants, for the taking up of lands
within the province of West-Jersey; well and faithfully in all things
discharging thy said office; and the trust in thee reposed, according to
the instructions herewith sent; to the best of thy skill, and
understanding.

"Given, under my hand and seal, the &c." Instructions for the
commissioners to observe and follow, in their examining of deeds, and
granting of warrants for the taking up of lands.

"1. Agreed and ordered by the council aforesaid, that the commissioners
grant no warrants, but upon the producing of good deeds, authentic copies,
or an extract of the record of such deed under the register's hand, &c.

"2. That all deeds granted only by Edward Byllinge, in and before the year
1682, shall be accounted insufficient for the commissioners to grant
warrants upon.

"3. That there shall be given a particular warrant for every several
deed, or particular purchase.

"4. That the president of the council for the time being, shall, from
time to time, grant warrants for the commissioners, for the taking up of
their own lands.

"5. That the commissioners shall not direct their warrants to the
surveyor-general for the laying forth of his own lands, but to some other
person, at the discretion of the commissioner that gives forth the warrant.

"6. That every proprietor coming for a warrant, shall first sign to an
iustrument, to be presented to them, for their compliance, to pay his, and
their respective and proportionable share of such incident charge, for the
management of the proprietors affairs; as in the said instrument here
following, may further appear."

The form of the instrument to be signed by the proprietors before they have
warrants granted for the taking up of their lands:

"We the subscribers having taken into consideration the necessity of the
incident charges, that will attend the council of proprietors, in the
employ and concern wherein we have placed, and constituted them, for the
carrying on, and discharging of those inevitable charges that will follow
upon the prosecution of our affairs; we do therefore hereby bind, and
oblige ourselves; each for himself, and not for one another, to comply
with, and pay our proportions respectively of the aforesaid charges, as
our said council shall from time to time give us an account of, and find
needful to be raised: In witness whereof we have hereunto set our hands,
the &c."

The council adjourns 'till the 7th hour in the morning, being the 12th day
of October, Anno 1688.

"The 12th day of the 8th month.

"The council being met, they ordered the writing of a letter to the
governor, to request the secretary to permit the records of lands to rest
in the same hands they have formerly been; forasmuch as they conceive they
properly belong to the proprietors.

"The council likewise order another letter to the secretary, to signify
the receipt of his warrant, by Thomas Revell and John Reading, for the
delivery of all records, rolls, &c. and do desire the secretary, that
the records of lands may still remain in the said Thomas Revell and John
Reading's hands: But for other records that relate to government, may be
disposed of according as he shall appoint."

We have before given a summary of some of the first laws published in the
eastern and western divisions, while under proprietary management; from
that time forward, 'till the surrender of the government, many others were
passed in both; but being either framed to particular occasions, or
afterwards in part repealed or supplied, and most of them of no great
public concernment now, further repetition of them here was thought
unnecessary.

In the year 1691, Dr. Coxe conveyed the government of West-Jersey and
territories, to the West Jersey Society, consisting of the following
persons: Sir Thomas Lane, knt., Michael Watts, Edward Harrison, Thomas
Skinner, James St. Johns, Nicholas Hayward, Mordecai Abbot, Nicholas
Battersby, Robert Curtis, John Jurin, Richard Bramhall, Robert Mitchell,
Charles Mitchell, James Boddington, John Gunston, Arthur Shallet, John
Lamb, William Wightman, Joseph Brooksbank, William Thompson, Henry
Harrington, John Love, Thomas Phipps, Isaac Cocks, John Sweetable, Thomas
Bromfield, John Norton, Robert Hackshaw, John Bridges, Joseph Paise,
Edward Richier, William Dunk, Edward Habberdfield, John Alberson, Edward
West, Edward Paunceford, Obadiah Burnet, Francis Michel, Benjamin Steele,
John Slaney, Nehemiah Erwing, John Wilcocks, Richard Mayo, Jonah
Netteeway, William Brooks, Tracey Pauncefort, Joseph Allen, and Richard
Greenaway.

1 His salary was twenty pounds a year.

2 Skein's salary beside the fees, was said to be thirty bushels of rye.

3 He own'd twenty-two shares of propriety.

4 Governor Coxe soon after his appointment to that station, wrote the
following letter to the council of proprietors of West-Jersey:

"After Mr. Bylling's decease, his heirs were greatly ignorant of his
concerns relating unto West-Jersey, and therefore resolved to sell his
interest both in government and property; and that they had begun to treat
with a person who would probably have made the condition of the
proprietors and inhabitants very uneasy: I and another of the chief
proprietors having together a very great share of the country, applied
ourselves for advice unto the lawyers, being assured by the most eminent
that however Bylling's concessions might in conscience bind him during his
life; they were not always obligatory to a purchaser or successor, because
said concessions were made before his right of government was granted; we
thereupon consulted with several proprietors and others, well wishers to
your colony, amongst whom it was agreed and resolved to be for the good of
your country, and our own security, that one amongst us should purchase
from the heirs of Mr. Byllinge, all his, and their interest in property
and government; and because my proportion of land was greater, or that they
apprehended me capable of serving them, or to have more money at command,
or because they had ever preceived me to be zealous and active to promote
the good of the province: I was earnestly pressed and requested to make a
purchase of the government and properties annexed thereunto wherewith
having complied, that I might demonstrate the disenterestedness of my
undertaking; and that I did primarily propose the welfare and benefit of
the people, and prefer it to my private advantage. I did many times
proffer Mr. Penn, Mr. Ford and others, who pretend to understand most of
your minds what was for your good, and to be as it were kind of trustees
for you: That if they would contrive any method, whereby the government
might be legally and severally invested in the proprietors, or people
without a governor; or if they would find any person more fit to discharge
the office of government, or who might prove more acceptable to the people
than myself; I was willing to consign or reconvey all my estate, power,
authority as I had received it and upon the same condition, not desiring
the least advance beyond what they all know I had disbursed; but not
finding any proposal to meet with any other return, than an invitation to
proceed, and good wishes that I might therein prove successful; and
finding that all the proprietors in or near London, whom I could convene,
were greatly satisfied with my conduct, encourageing me to expect they
would meet with like acceptance from the proprietors and inhabitants of
West-Jersey: I thereupon thought fit to recommunicate unto you the whole
transaction of this affair; as likewise what I expect from you the
proprietors and inhabitants of West-Jersey; and what you may reciprocally
challenge from me: I do therefore hereby give you to understand, that
whereas all the gentlemen of the law, who have been hitherto consulted, do
unanimously agree that the government of the province of West New-Jersey,
is legally in me as full as Pennsylvania in Mr. Penn, or East Jersey in
the proprietors there: I thereupon assumed the tide of governor and lay
claim to the powers and authority thereunto annexed, and I am resolved by
the assistance of Almighty God, to exercise the jurisdiction by his royal
highness, his last deed or grant unto me conveved, with all integrity and
faithfulness and diligence for the benefit and welfare of those, over whom
divine providence hath constituted me (under our sovereign) superintendant
or chief overseer; always prefering publick emolument, before my own
private advantage ; and may I succeed in my undertakings, well or ill,
according as I pursue or violate this resolution and engagement; and I am
contented this my declaration be recorded, that it may continually
reproach and condemn me if I ever recede therefrom. And whereas Mr.
Byllinge, in his former concessions, hath given his consent, and ratified
diverse laws in the said grant, stiled fundamentals; the first concerning
liberty of conscience, the second, that no person shall be deprived of
life, limb, estate, property, privilege, freedom, franchises, without a
due trial and judgment, passed by a jury of twelve good and lawful men in
the neighbourhood; the person excepting, if he please, against thirty-
five, without any reason rendred, and more if he assign a just cause: I
hereby declare, that I do in my heart highly approve the said fundamental
laws and concessions, and am ready to confirm them; and withall, I do
faithfully promise, that to the utmost of my ability, I will cause them to
be most inviolably observed, as also those three furdamentals after
mentioned. If your assembly shall desire the continuance of them, and
that it appears, nothing is therein contained contrary to the laws of
England, which extend to our colony; by the breach whereof, we inevitably
expose ourselves unto the forfeiture of our charter, which, next to the
blessing of God, and protection of our prince, is our greatest comfort and
security; and that you may all become fully satisfied: I do not intend to
arrogate unto myself any absolute despotic power. I have thought fit to
add, that whereas it is generally acknowledged by all intelligent
disinterested persons, the government of England by a sovereign prince,
upon weighty considerations of making or repealing laws, levying taxes,
consulting with his parliament, is the best of constitutions, and diverse
of our English plantations, having in imitation hereof joined with the
governor and assembly or parliament: I do hereby declare my full and free
approbation of such constitution in your province, and I shall confer upon
your assembly, all the powers and privileges consistent with the ends
of good government, the redressing grievances, and promoting the peace and
prosperity of the province; and I make my request you would with all
convenient speed, transmit unto me your proposals, both in order unto the
establishing a regular and durable method of convening assemblies, and
what power you desire should be intrusted with them: And because
assemblies have been hitherto convened only annually, except upon some
solemn urgent occasion, it hath been customary for the governor or his
deputy, to act in affairs of importance during the recess of assemblies,
with the advice of a council, I would desire you to give me to understand,
how you expect and desire such council shall be chosen; whether you will
acquiesce in tthe governor's nomination, or whether you desire the
assembly should have any share in their election, also in case of
succession upon decease or misbehaviour; and whether the council shall be
annual, biennial or triennial, or during life; if understanding, faithful
and diligent in discharging of their trust: I shall in all these, and any
other particulars, which shall manifestly appear to make for publick
utility, not only have a great deference for your opinion and advice, but
readily comply with all your just reasonable expectation and requests.
- Thus having without reserve or disguise, declared unto you my sentiments
concerning government, I proceed to affairs of another nature; but of
little less moment: It is the fixed persuasion of diverse intelligent
persons, that your province bath deeply suffered, and is stinted in its
growth for want of ascertaining its limits, and fixing a boundary between
it, East Jersey, and New-York; that thereupon a subdivision might be made
of the country, into one hundred proprietaries, as was originally agreed,
thereby appropriating unto every good purchaser his portion in specialty;
I have inclosed an account of my transactions with the proprietors of East
Jersey, many of whom being persons before well affected unto me, I have
highly disobliged, upon my refusal to comply with their claim, upon the
last pretended agreement; all which, and much more, if like occasion
should require, I shall readily conflict with, and chearfully undergo, for
the good of our little, yet unto me, dear community, which I shall love,
cherish, and endeavour to support and maintain, as if they were members of
my own private family: Lastly, I do confirm all those persons who were
appointed by Mr. Byllinge, or chosen by the people in their respective
places and employments, until I further learn from you the state of your
colony, unless by some new advice and very extraordinary motives I should
be obliged to make an alteration, which should it happen, you may all rest
assured, I shall have a tender regard unto your welfare and satisfaction:
And now, nothing remains besides our supplicating with united minds, the
all wise God, to grant us the wisdom which is pure and peaceable, to
enable us methodically to order our affairs with discretion; that we may
act, industriously, regularly, chearfully, in the several stations and
employments his divine providence hath allotted us, considering we are one
body, and members one of another; that no injury can happen to a part
which will not redound in some to the hurt of the whole: For my own
particular, I can appeal unto the searcher of hearts, that I do sincerely
and primarily design the prosperity of your province, in its peace,
security and plenty; and that it may be so settled, as that you may not
only live happily during my administration, but that it may not be in the
power of any future governor, deriving from me, even to hinder the due
execution, much less to repeal those laudable constitutions, which with
your advice and assistance I hope to establish: And on your parts, I
expect and promise myself a ready compliance with whatever shall be
proposed for the publick good: That instead of factions and divisions,
there be a generous emulation amongst you, who shall promote the welfare
of our community: That you be mutually tenderly affectioned one towards
the other; and though you may differ in opinions, concerning things of
lesser moment, yet continue united in affection, as being servants to the
same God, subject to the same prince, and having one common interest;
often remembering, that by unanimity and concord, diverse nations have
been advanced from contemptible beginnings, unto great wealth and power;
whereas by discord, mighty empires have been broken and ruined, without
the accession of external force: That the God of peace and love would
unite, preserve and prosper you, is the frequent, fervent, and shall
continue to be, the constant request, of your most affectionate friend,
"DANIEL COXE.
"September the 5th, 1687."

5 His salary in 1695 and 1696, was two hundred pounds a year as governor
of West-Jersey; but the salary in both East and West-Jersey seems in some
periods, to have been rather occasional: In the latter province in 1697,
provision was made for two hundred pounds by a law with the following
preamble:

"Being sensible of the many great services done by our present governor,
Col. Andrew Hamilton, since his accession to the administration of the
government of this province; and taken also into our consideration, the
great charge that must attend any person in that cost, and how little hath
yet been done by us answerable to his merit and station; we find ourselves
obliged in point of gratitude, and in testimony of our affection to him,
and as a demonstration thereof, to offer as is hereafter expressed; and
pray our governor's acceptance thereof from a poor people, whose good-will
and regard to him is not to be measured by the value of our offering, but
integrity of the offerers." The salary of the governor of East-Jersey in
1694, 1695, and 1696, was one hundred and fifty pounds per annum.

6 See the act reciting this deed, Vol. I. of laws, p. 63, &c.

7 See the consent of many western proprietors, to the agreement made with
East-Jersey, in the line of division by Dr. Daniel Coxe. Revell's book. B.
Secretary's office, Burlington, p. 233.

8 To trace the proceedings relating to this line minutely, will be a task
proper for those immediately concerned; they are voluminous: To give an
account of some more of the steps hitherto taken, a few papers are added
in the appendix. Vid. appendix, numb. IV., V., VI., VII.

9 Vid. the instrument, Revell's Book, B. Secretary's office, Burlington,
p. 298.



CHAP. XII.
A flood at Delaware falls; Death and character of Thomas Olive, Thomas
Gardiner, and John Woolston; Commotions in East and West-Jersey; Surrender
of the two govenments to queen Anne; Her acceptance, thereof; and her
commission to lord Cornbury.

The first settlers of the Yorkshire tenth in West-Jersey, had several of
them built upon the low lands, nigh the falls of Delaware, where they had
now lived, and been improving near sixteen years; they had been told by
the Indians, their buildings were liable to be damaged by freshes, and the
situation of the place must have made it probable: They had however, got
up several wooden tenements and out-houses, which in the spring were
accordingly generally demolished: The snows suddenly melting above, caused
an uncommon overflow of the river; there have been many great floods
since, but none quite so high; it came upon them so unexpectedly, that
many were in their houses surrounded with water, and conveyed to the
opposite shore, by neighbours from thence, in canoes: The water continued
rising 'till it reached the upper stories of some of their houses, then
most, or all of them gave way, and were dashed to pieces; many cattle were
drowned; beds, kettles, and other furniture, were picked up on the shores
below; the frights and damages were considerable; two persons in a house,
carried away by the sweeping torrent, lost their lives before they could be
got out. This accident taught the owners here to fix their habitations on
higher ground, and was what is commonly called the great flood at Delaware
falls. It was in the spring this year that the proprietors of West-Jersey
first appointed Col. Andrew Hamilton to be their governor.1

About this time also died Thomas Olive, who since the first settlement of
West-Jersey, had been a man of importance there; he came over one of the
London commissioners in 1677, was sometime governor, in which station he
behaved with great circumspection and prudence; while a common magistrate
he had a ready method of business, often doing it to good effect in the
seat of judgment on the stumps in his meadows; he contrived to postpone
sudden complaints, 'till cool deliberation had shewn them to be justly
founded, and then seldom failed of accommodating matters without much
expence to the parties: He had been imprisoned and otherwise a sufferer
for religion in England; and by his preaching and writing as well as other
public and private conduct, had gained general love and esteem, which he
merited to the last.

In September 1694, died Thomas Gardiner; he arrived early at Burlington,
went through several publick stations in West-Jersey with a good
character, had considerable knowledge in variety of business, and was an
exemplary member of society, civil and religious.

In the beginning of 1698, died John Woolston, one of the first settlers at
Burlington, who had now for upwards of twenty years, through the fatigues
of a new settlement, proved himself a ready friend and neighbour, and
valuable member of society.

We are now come to the year 1701; a memorable aera in New-Jersey, on
account of the disturbances and confusions that violently agitated several
parties, and the change of government that followed in consequence of
them: Each province had many and different proprietors, who promoted
separate schemes and interests; these sometimes interfered: To facilitate
particular purposes, one party would have the choice and management of a
governor, while another refused any but of their own nomination; and a
third objected to proposals from either: Moderate councils could not be
heard; a contaminating spirit of party and discord took place of order and
peace; every expedient to restore union and regularity proved
unsuccessful; faction prevaild, and particular animosities were nourished
to that degree, that the delays of time seemd only to give opportunity of
accumulating fresh occasions of disgust and uneasiness; a detail of
particulars would be an ungrateful, we hope an unnecessary task; a few
facts may suffice as specimens of the whole: To come at these, we must go
back to the spring 1698. Jeremiah Bass, under a pretence of a commission
he had received from some of the proprietors of East-Jersey, with the
king's approbation, superceded Andrew Hamilton, the then governor of both
East and West Jersey; but in the next year it appeared, that Bass had not
obtained the king's approbation of his commission, nor was it granted by
enough of the proprietors to make it valid, which induced great numbers of
the inhabitants to refuse obedience to him, and to the magistrates and
officers by him appointed; some persons being imprisoned for refusing
obedience, it was resented by others with great indignation, and feuds
and confusion followed: To accommodate matters for the present, Andrew
Hamilton was again appointed governor, by a fresh commission from some of
the proprietors; but a great number refused obedience to him, and the
magistrates and officers under him, in like manner, and for the same
reasons as they had refused Bass and those he appointed. The disorders in
the Eastern division during this time,2 made such an impression on the
minds of many of the people, that they readily hearkened to overtures made
for a surrender of government. A considerable part of West-Jersey was
also, for similar reasons, disposed to a resignation: The commotions in
both, which had been increasing for some years, now seemed to be got to a
crisis, and all things tended to a surrender of the powers of government;
which was at length brought about in the beginning of the next year.

Meanwhile diverse petitions and remonstrances weresent home, complaining
loudly of their grievances and confusions; and praying redress: These and
the proceedings in consequence of them, show the principal matters now to
be found relating to the surrender and the measures they took to reserve
their privileges.3 In 1702 the surrender was made by the following
instrument:

"Surrender from the proprietors of East and West-New-Jersey, of their
pretended right of government to her majesty.

"WHEREAS his late majesty king Charles the second, by his letters patents
under the great seal of England, bearing date at Westminster, on or about
the twelfth day of March, in the sixteenth year of his reign; did give and
grant to James, then duke of York, his heirs and assigns, all that part of
the main land of New-England, beginning at a certain place called or known
by the name of St. Croix, next adjoining to New-Scotland, in America; and
from thence extending along the sea coast unto a certain place called
Pemaquod or Pemaquid, and so up the river thereof to the furthest head of
the same, as it tends northward; and extending from thence to the river of
Kenibique; and so upwards by the shortest course to the river Canada,
northward: And also all that island or islands, commonly called by the
several name or names of Manowacks, or Long-Island, situate, lying and
being towards the west of Cape Codd, and the Narrohigansets, abutting upon
the main land between the two rivers there, called or known by the several
names of Connecticut and Hudson's river; together also with the said river
called Hudson's river, and all the lands from the west side of Connecticut
river, to the east side of Delaware bay: And also all those several
islands called or known by the names of Martin's Vineyard, and Nantucks, or
Nantucket: together with all the lands, islands, soils, rivers, harbours,
mines, minerals, quarries, woods, marshes, waters, lakes, fishings,
hawkings, hunting and fowling; and all other royalties, profits,
commodities and hereditaments to the several islands, lands and premises,
belonging and appertaining, with their and every of their appurtenances;
TO HAVE AND TO HOLD all and singular the said lands, islands
hereditaments, with their and every of their appurtenances, to the said
James Duke of York, his heirs and assigns forever; to be held of the said
king, his heirs and successors, as of his manor of East Greenwich in Kent,
in free and common socage, and not in capite or by knight's service;
yielding and rendering therefore yearly and every year, forty beaverskins
when demanded; or within ninety days after. And by the same letters
patents, the late king Charles the second, for himself his heirs and
successors, did give and grant to the said James duke of York, his heirs,
deputies, agents, commissioners and assigns, full and absolute power and
authority, to correct, punish, pardon, govern and rule all such subjects
of the said king, his heirs and successors, as should from time to time
adventure themselves into the parts and places aforesaid, or that should
at any time then after inhabit within the same, according to such laws,
orders, ordinances, directions and instructions, as by the said duke of
York, or his assigns, should be established; and in defect thereof; in
case of necessity, according to the good directions of his deputies,
commissioners, officers or assigns respectively, as well in all causes and
matters, as well capital and criminal, as civil, both marine and others; so
always as the said statutes, ordinances and proceedings, were not
contrary, but as near as might be, agreeable to the laws and statutes and
government of the realm of England; saving and reserving to his said
majesty, his heirs and successors, the receiving, hearing and determining,
of the appeal and appeals of all, or any other person or persons of; in or
belonging to the territories or islands aforesaid, in or touching any
judgment or sentence to be there made or given; and further, that it
should and might be lawful to and for the said duke of York, his heirs
and assigns, from time to time, to nominate, constitute, ordain and
confirm such laws as aforesaid, by such name or names or stiles, as to
him or them shall seem good; and likewise to revoke, discharge, change
and alter as well all and singular governors, officers and ministers, which
then after should be by him or them thought fit or needful to be made or
used within the aforesaid parts and islands; and also to make, ordain, and
establish, all manner of orders, laws, directions, instructions, forms and
ceremonies of government and magistracy, fit and necessary for and
concerning the government of the territories and islands aforesaid, so
always as the same were not contrary to the laws and statutes of the realm
of England, but as near as might be, agreeable thereunto; and the same at
all times then after to put in execution or abrogate, revoke or change,
not only within the precinct of the said territories or islands, but also
upon the seas in going and coming to and from the same, as he and they in
their good direction should think to be fittest for the good of the
adventurers and inhabitants there: And the late king did thereby grant,
ordain and declare, that such governors, officers, ministers, as from time
to time should be authorized and appointed in manner and form aforesaid,
should and might have full power and authority to use and exercise martial
law, in cases of rebellion, insurrection and mutiny, in as large and ample
manner as the lieutenants of his said majesty in his counties of the realm
of England had, or ought to have, by their commissions of lieutenancy, or
any law or statute of the said realm of England. And the said late king
did thereby also for himself; his heirs and successors, grant to the said
James duke of York, that it should and might be lawful for him, his heirs
and assigns, in his or their discretions, from time to time, to admit such
and so many person or persons to trade and traffick unto and within the
territories and islands aforesaid, and into every or any part or parcel
thereof; and to have process and enjoy any lands and hereditaments in the
parts nad places aforesaid, as they should think fit, according to the
laws, orders, constitutions and ordinances by the said James duke of York,
his heirs, deputies, commissioners and assigns, from time to time to be
made and established, by virtue of and according ti, the true intent and
meaning of the said letters patents, and under such conditions,
reservations and agreements as the said James duke of York, his heirs and
assigns, should set down, order, direct and appoint, and not otherwise.
And by the said letters patents, the said king did for himself; his heirs,
and successors, grant to the said James duke of York, his heirs and
assigns, and to all and every such governor and governors, or other
officers and ministers, as by the said James duke of York, his heirs or
assigns, should be appointed, with power and authority of government and
command in or over the inhabitants of the said territories or islands,
that they and every of them should, or lawfully might, from time to time,
and at all times then after or for ever, for their several defence and
safety, encounter, expulse, repel and resist by force of arms, as well by
sea as by land, and all ways and means whatsoever, all such person or
persons as without the especial licence of the said James duke of York,
his heirs or assigns, should attempt to inhabit within the several
precincts and limits of the said territories and islands; and also all and
every such person and persons whatsoever, as should enterprize or attempt
at any time then after, the destruction or invasion, detriment or
annoyance to the parts, places or islands aforesaid, or any part thereof;
as by the said recited letters patents duly enrolled, relation being
thereunto had, inore at large may appear. AND WHEREAS the estate,
interest, right and title of the said James duke of York, in and to
the provinces of East-Jersey and West-Jersey; part of the premises by the
said recited letters granted, are by mean conveyances and assurances in
law, come unto and vested in or claimed amongst others, by sir Thomas
Lane, Paul Dominique, Robert Mitchell, Joseph Brooksbank, Michael Watts,
Edward Richier, John Norton, Ebenezer Jones, John Whiting, John Willcocks,
John Bridges, Thomas Skinner, Benjamin Steel, Obadiah Burnet, Joseph
Micklethwait, Elizabeth Miller, Benjamin Levy, Francis Minshall, Joseph
Collier, Thomas, Lewis, Jo. Bennet, John Booker, Benjamin Nelson, James
Wasse, Richard Harrison, John Jurin, Richard Greenaway, Charles Mitchell,
Francis Mitchell, Tracy Paunceford, William Hamond, Ferdinando Holland,
William Dockwra, Peter Sonmans, Joseph Grimston, Charles Ormston, Edward
Antill, George Willocks, Francis Handcock, Thomas Barker, Thomas Cooper,
Robert Burnet, Miles Foster, Joha Johnstone, David Lyell, Michael Hawdon,
Thomas Warne, Thomas Gordon, John Barclay, Clement Plumstead, Gilbert
Mollison, and Richard Hasell, the present proprietors thereof; and they
also have claimed, by virtue of the said letters patents and mean
conveyances, to exercise within the said provinces for the governing the
inhabitants thereof; all the powers and authorities for government granted
by the said letters patents to the said duke and bis heirs and assigns;
but her majesty hath been advised, that they have no right nor can legally
execute any of the said powers; but that it belongeth to her majesty in
right of her crown of Eugland, to constitute governors of the said
provinces, and to give directions for governing the inhabitants thereof,
as her majesty shall think fit: And the said proprietors being desirous to
submit themselves to her majesty, are willing to surrender all their
pretences to the said powers of government, to the intent her majesty may
be pleased to constitute a governor or governors of the same provinces,
with such powers, privileges and authorities for the government thereof;
and making of such laws there, with the consent of the assembly of the
said provinces, and her majesty's subsequent approbation thereof; as her
majesty in her great wisdom shall think fit and convenient. WE THEREFORE
the said Sir Thomas Lane, Paul Dominique, Robert Michell, Joseph
Brooksbank, Michael Watts, Edward Richeir, John Norton, Ebenezer Jones,
John Whiting, Clement Plumstead, John Willcocks, John Bridges, Thomas
Skinner, Benjamin Steel, Obadiah Burnet, Joseph Micklethwait, Elizabeth
Miller, Benjamin Levy, Francis Minshall, Joseph Collier, Thomas Lewis, Jo.
Bennet, John Booker, Benjamin Nelson, James Wasse, Richard Harrison, John
Jurin, Richard Greenaway, Charles Mitchell, Francis Mitchell, Tracy
Paunceford, William Hamond, Ferdinando Holland, Willam Dockwra, Peter
Sonmans, Joseph Grimston, Charles Ormston, Edward Antill, George Willocks,
Francis Handcock, Thomas Barker, Thomas Cooper, Robert Burnett, Miles
Foster, John Johnstone, David Lyell, Michael Hawdon, Thomas Warne, Thomas
Gordon, John Barclay, Gilbert Mollison, and Richard Hasell, &c. the
present proprietors of the said provinces of East-Jersey and West-Jersey,
for the considerations and to the intent aforesaid, have surrendered and
yielded up, and by these presents for us and our heirs, do surrender and
yield up unto our sovereign lady ANNE, by the grace of God, queen of
England, Scotland, France, and Ireland, defender of the faith, &c. her
heirs and successors, all these the said powers and authorities to
correct, punish, pardon, govern and rule, all or any of her majesty's
subjects or others who now inhabit, or hereafter shall adventure into or
inhabit within the said provinces of East-Jersey and West-Jersey, or
either of them; and also to nominate, make, constitute, ordain and confirm
any laws, orders, ordinances and directions and instruments for those
purposes, or any of them; and to nominate, constitute or appoint, revoke,
discharge, change, or alter any governor or governors, officers or
ministers, which are or shall be appointed, made or used within the said
provinces or either of them; and to make, ordain and establish any orders,
laws, directions, instruments, forms or ceremonies, of government and
magistracy, for or concerning the government of the provinces aforesaid,
or either of them; or on the sea in going and coming to or from thence; or
to put in execution, or abrogate, revoke or change such as are already
made for or concerning such government, or any of them; and also all those
the said powers and authorities to use and exercise martial law in the
places aforesaid, or either of them, and to admit any person or person to
trade or traffick there, and of encountering, repelling and resisting by
force of arms, any person or persons attempting to inhabit there without
the licence of us the said proprietors, our heirs and assigns, and all
other the powers, authorities and privileges of or concerning the
government of the provinces aforesaid, or either of them, or the
inhabitants thereof; which were granted or mentioned to be granted by the
said recited letters patents, and every of them. IN WITNESS whereof; the
persons abovenamed, have hereunto set their hands and seals, this
fifteenth day of April, in the year of our lord one thousand seven hundred
and two; and in the first year of her majesty's reign.

For the eastern division: Peter Sonmans, Joseph Ormston for myself; and as
proxy for Charles Ormston, Edward Antill, and George Willocks, and
representative of Francis Hancock; Thomas Lane, Paul Dominique, Robert
Mitchel, Joseph Brooksbank, E. Richier, Michael Watts, Clement Plumstead,
Lewis Morris in the behalf of Robert Burnet; Miles Foster, John Johnstone,
Michael Hawdon, John Barclay, David Lyell, Thomas Warne, Thomas Gordon,
Thomas Barker, Thomas Cooper, Gilbert Mollison, Henry Adderly for Richard
Hasel, of Barbados; William Dockwra.

For the western-division: John Booker, John Whiting, John Willcocks, John
Bridges, Thomas Skinner, Benjamin Steel, Obadiah Burnet, Joseph
Micklethwait, Thomas Lamb, Paul Dominique, Francis Mitchel, Joseph
Brooksbank, Michael Watts, Ed. Richier, John Norton, Eben. Jones, Benjamin
Neilson, James Wasse, Richard Harrison, John Jurin, Richard Greenaway,
Charles Mitchel, Francis Mitchel, Francis Paunceford, William Hamond,
Ferd. Holland, Elizabeth Miller, Benjamin Levy, Francis Minshall, Joseph
Collins, Thomas Lewis, Jo. Bennet.

Sealed and delivered by: T. Lane, P. Dominique, R. Michell, J. Brooksbank,
M. Watts, E. Richier, J. Norton, E. Jones, J. Whiting, J. Willcocks, J.
Bridges, T. Skinner, B. Steel, O. Burnett, J. Micklethwait, E. Miller, B.
Levy, F. Minshall, J. Collier, T. Lewis, J. Bennet, J. Booker, B. Nelson,
J. Wasse, R. Harrison, J. Jurin, R. Greenaway, C. Mitchel, F. Mitchel, T.
Pauncefort, W. Hamond, F. Holland. And for the interest the proprietors of
West-Jersey, have in East-Jersey, T. Lane, P. Dominique, R. Mitchel, J.
Brooksbank, E. Richier, and M. Watts. Sealed and delivered by the
aforesaid persons in presence of us: L. Morris, Jonathan Greenwood.

Sealed and delivered by William Dockwra, Peter Sonmans, Joseph Ormston,
Thomas Barker, and Thomas Cooper, proprietors of East-Jersey, in the
presence of us, Richard Bouts, Nathaniel Welch.

Sealed and delivered by Gilbert Mollison, in presence of us, Daniel Wild,
Gilbert Falconer.

Sealed and delivered by Clement Plumstead, in presence of us, John Askew,
Samuel Hannington.

Sealed and delivered by Henry Adderly, in presence of us, John Blackall,
Thomas Gage.

Sealed and delivered by Lewis Morris, in presence of Aug. Graham, Richard
Bibby.

The QUEEN's acceptance of the surrender of government.

At the court at St. James's, the 17th day of April, 1702.

PRESENT: The QUEEN's most excellent majesty.

His Royal Highness Prince George of Denmark,
Earl of Radnor,
Earl of Berkely,
Earl of Rochester,
Lord Keeper,
Earl of Marlborough,
Lord President,
Earl of Bradford,
Lord Steward,
Earl of Romney,
Duke of Bolton,
Earl of Ranelagh,
Duke of Schomberg,
Lord Ferrers,
Duke of Leeds,
Lord Godolphin,
Lord Great Chamberlain
Mr. Comptroller,
Mr. Vice Chamberlain,
Earl Marshal,
Mr. Secretary Vernon,
Lord High Admiral,
Mr. Chancellor of the Exchequer,
Lord Chamberlain,
Earl of Dorset,
Lord Chief Justice,
Earl of Manchester,
Sir Charles Hedges,
Earl of Stamford,
Mr. Smith.
Earl of Burlington,

"This day the several proprietors of East and West New-Jersey, in America,
did in person, present a deed of surrender by them executed under their
hands and seals, to her majesty in council, and did acknowledge the same
to be their act and deed; and hnmbly desire her majesty to accept the
same, that it might be enrolled in the court of chancery, whereby they did
surrender their power of the government of those plantations: Which her
majesty graciously accepted, and was pleased to order, as it is hereby
ordered, that the same be enrolled in her majesty's said high court of
chancery; and the said instruments are to be delivered to Mr. Attorney
General, who is to take care that the same be enrolled accordingly."

Directly after the surrender, Edward lord viscount Cornbury, grandson to
the great chancellor Clarendon, was appointed governor of New-Jersey; his
commission was as followeth:

"ANNE, by the grace of God, of England, Scotland, France and Ireland,
Queen, defender of the faith, &c. To our trusty and well beloved Edward
Hyde, esquire, commonly called lord Cornbury, greeting: Whereas in the
government of that conntry, which was formerly granted by king Charles the
second, under the name of Nova-Caesaria, or New-Jersey, and which has
since been subdivided by the proprietors, and called East New-Jersey, and
West New-Jersey, such miscarriages have happened, that the said country is
fallen into disorder and confusion; which has accordingly been represented
to our dearest brother the late king, in several petitions, memorials and
other papers, signed by the general proprietors, and by great numbers of
the inhabitants; and by means of that disorder the publick peace and
administration of justice, whereby the properties of our subjects should
be preserved there, is interrupted and violated, and the guard and defence
of that country so totally neglected, that the same is in imminent danger
of being lost from the crown of England: And whereas the aforesaid
proprietors being sensible that the said country, and our good subjects
the inhabitants thereof; cannot be defended and secured by any other means
then by our taking the government of the same under our immediate care,
have executed and made a formal and entire surrender of their right, or
pretended right and title to the government of that country unto us: We
therefore, reposing especial trust and confidence in the prudence, courage
and loyalty of you the said lord Cornbury, out of our especial grace,
certain knowledge, and meer motion, hath thought fit to constitute and
appoint, and by these presents do constitute and appoint you the said lord
Cornbury, to be our captain general and governor in chief; in and over the
aforesaid country of Nova-Caesaria, or New-Jersey, viz. the division of
East and West New-Jersey, in America, which we have thought fit to reunite
into one province, and settle under one entire government: And we do hereby
require and command you, to do and execute all things in due manner that
shall belong unto your said command, and the trust we have reposed in you,
according to the several powers and directions granted or appointed you by
this present commission, and the instructions and authorities herewith
given you, or by such further powers, instructions or authorities as shall
at any time hereafter be granted, or appointed you under our signet and
sign manual, or by our order in our privy council, and according to such
reasonable laws and statutes as shall be made and agreed upon by you, with
the advice and consent of the council and assembly of our said province,
under your government, in such manner and form as is hereafter expressed.
And our will and pleasure is, that you the said lord Cornbury, having
after the proclamation of these our letters patents, first taken the oaths
appointed by act of parliament to be taken instead of the oath of
allegiance and supremacy, and the oath mentioned in an act, entitled, An
act to declare the alteration in the oath appointed to be taken by the
act, entitled, An act for the further security of his majesty's person,
and the succession of the crown in the protestant line, and for the
extinguishing the hopes of the pretended prince of Wales, and all other
pretenders and their open and secret abettors, and for the deciaring the
association to be determined; as also the test mentioned in the act of
parliament made in the twenty fifth year of the reign of king Charles the
second, entitled, An act for preventing dangers which may happen from
popish recusants; together with the oath for the due execution of the
office and trust of our captain general and governor in chief; in and over
our said province of Nova-Caesaria, or New-Jersey, as well with regard to
the equal and impartial administration of justice, in all causes that
shall come before you, as otherwise; and likewise the oath required to be
taken by governors of plantations, to do the utmost that the laws relating
to the plantations be observed; all which our council in our said
province, or any three of the members thereof; have hereby full power and
authority, and are required to administer unto you; and in your absence
our lieutenant governor, if there be any upon the place; you shall
administer unto each of the members of our said council, as also to our
lieutenant governor, if there be any upon the place, as well the oath
appointed by the act of parliament to be taken instead of the oath of
allegiance and supremacy, and the oath mentioned in the said act,
entitled, An act to declare the alteration in the oath appointed to be
taken by an act, entitled, An act for the further security of his majesty's
person, and the succession of the crown in the protestant line, and for
extinguishing the hopes of the pretended prince of Wales, and all other
pretenders, and their open and secret abettors, and for declaring the
association to be determined; as the forementioned test, and the oath for
the due execution of their places and trusts. And we do hereby give and
grant unto you, full power and authority, to suspend any of the members of
our said council from sitting, voting, and assisting therein, if you shall
see just cause for so doing: And if it shall at any time happen, that by
the death, departure out of our said province, or suspension of any of our
said councellors, or otherwise, there shall be wanting in our said council,
any three whereof we do appoint to be a quorum, our will and pleasure
is, that you signify the same unto us, by the first opportunity, that we
may under our signet and sign manual, constitute and appoint others in
their stead; but that our affairs may not suffer at that instant, for want
of a due number of councellors, if ever it should happen that there should
be less than seven of them residing in our said province, we do hereby give
and grant unto you the said lord Cornbury, full power and authority to
chuse as many persons out of the principal freeholders, inhabitants
thereof; as will make up the full number of our said council to be seven,
and no more; which persons so chosen and appointed by you, shall be to
all intents and purposes councellors in our said province, until either
they shall be confirmed by us, or that by the nomination of others by us,
under our sign manual and signet, our said council shall have seven or
more persons in it. And we do hereby give and grant unto you, full power
and authority, with the advice and consent of our said council from time
to time, as need shall require, to summon and call general assemblies of
the freeholders and planters within your government, in manner and form as
shall be directed in our instructions which shall be given you, together
with this our commission. Our will and pleasure is, that the persons
thereupon duly elected, by the major part of the freeholders of the
respective counties and places so returned, and having before sitting,
taken the oaths appointed by act of parliament to be taken instead of the
oaths of allegiance and supremacy, and the oath mentioned in the aforesaid
act, entitled, An act to declare the alteration in the oath appointed to
be taken by the act, entitled, An act for the further security of his
majesty's person, and the succession of the crown in the protestant line,
and for extinguishing the hopes of the pretended prince of Wales, and all
other pretenders, and their open and secret abettors, and for declaring
the association to be determined; as also the aforementioned test: Which
oath you shall commissionate fit persons under our seal of Nova-Caesaria,
or New-Jersey, to administer into them, and without taking of which oaths
and subscribing the said test, none shall be capable of sitting though
elected, shall be called and held the general assembly of that our
province, and that you the said lord Cornbury, by and with the advice and
consent of our council and assembly, or the major part of them
respectively, shall have full power and authority to make, constitute and
ordain laws, statutes and ordinances, for the public peace, welfare and
good government of our said province, and of the people and inhabitants
thereof; and such others as shall resort thereto, and for the benefit of
us, our heirs and successors, which said laws, statutes, and ordinances
are not to be repugnant, but as near as may be, agreeable unto the laws
and statutes of this our kingdom of England; provided that all such laws,
statutes and ordinances, of what nature or duration soever, be within
three months or sooner, after the makiug thereof; transmitted to us, under
our seal of Nova-Cassaria, or New-Jersey, for our approbation or
disallowance of them, as also duplicates thereof by the next conveyance,
or in case any or all of them being not before confirmed by us, shall at
any time be disallowed and not approved, and so signified by us, our heirs
or successors, under our or their sign manual and signet, or by order of
our or their privy council, unto you the said lord Cornbury or to the
commander in chief of our said province for the time being, then such and
so many of them as shall be disallowed and not approved shall from
henceforth cease, determine, and become utterly void and of none effect,
any thing to the contrary thereof notwithstanding. And to the end that
nothing may be passed or done by our said council or assembly, to the
prejudice of our heirs and successors, we will and ordain, that you the
said lord Cornbury, shall have and enjoy a negative power in the making
and passing of all laws, statutes and ordinances as aforesaid. And that
you shall and may likewise from time to time, as you shall judge it
necessary, adjourn, prorogue and dissolve, all general assemblies. Our
will and pleasure is, that you shall and may use and keep the publick seal
of our province of Nova-Casaria, or New-Jersey, for sealing all things
whatsoever that pass the great seal of our said province under your
government. And we do further give and grant unto you the said lord
Cornbury, full power and authority, from time to time, and at all times
hereafter, by yourself; or by any other to be authorized by you in that
behalf; to administer and give the oaths appointed by act of parliament,
instead of the oath of allegiance and supremacy, to all and every such
person and persons as you shall think fit, who shall at any time or times
pass into our said province, or shall be resident or abiding there. And do
further give and grant unto you, full power and authority, with the advice
and consent of our said council, to erect, constitute and establish such
and so many courts of judicature and publick justice within our said
province under your government, as you and they shall think fit and
necessary, for the hearing and determining of all causes as well criminal
as civil, according to law and equity, and for awarding execution
thereupon, with all reasonable and necessary powers, authorities, fees
and privileges belonging unto them; and also to appoint and commissionate
fit persons in the several parts of your government, to administer the
oaths appointed by act of parliament to be taken instead of the oath of
allegiance and supremacy, and the oath mentioned in the aforesaid act,
entitled, An act to declare the alteration in the oath to be taken by the
act, entitled, An act for the further security of his majesty's person,
and the succession of the crown in the protestant line, and for the
extinguishing the hopes of the pretended prince of Wales, and all other
pretenders, and their open and secret abettors, and for declaring the
association to be determined; as also the test unto such persons as shall
be obliged to take the same.

And we do hereby authorize and impower you, to constitute and appoint
judges, and in cases requisite commissioners of oyer and terminer,
justices of the peace, and other necessary officers and magistrates in our
said province, for the better administration of justice, and putting the
laws in execution, and to administer, or cause to be administered unto
them, such oath or oaths as are usually given for the due execution and
performance of offices and places, and for the clearing of truth in
judicial causes. And we do hereby give and grant unto you, full power and
authority, where you shall see cause, or judge any offender or offenders
in criminal matters, or any fines or forfeitures due unto us, fit objects
of our mercy, to pardon all such offenders, and to remit all such
offences, fines and forfeitures, treasons and wilful murder only excepted;
in which case you shall likewise have power upon extraordinary occasions,
to grant reprieves to the offenders, until and to the intent our royal
pleasure may be known therein. And we do by these presents, anthorise and
impower you to collate any person or persons to any churches, chapels or
other ecclesiastical benefices within our said province, as often asany of
them shall happen to be void. And we do hereby give and grant unto you the
said lord Cornbury, by yourself; and by your captains and commanders by
you to be authorised, full power and authority to levy, arm, muster,
command and employ all persons whatsoever residing within our said
province of Nova-Caesaria, or New-Jersey, and as occasion shall serve,
them to transport from one place to another for the resisting and
withstanding of all enemies, pirates, and rebels, both at sea and land,
and to transport such forces to any of our plantations in America, if
necessity shall require, for the defence of the same, against the invasion
and attempts of any of our enemies, pirates, and rebels, if there shall be
occasion, to pursue and prosecute in or out of the limits of our said
province and plantations, or any of them; and if it shall please God them
to vanquish, apprehend and take, and being taken, either according to law
to put to death, or keep and preserve alive at your discretion, and to
execute martial law, in time of invasion, insurrection or war, and to do
and execute all and every other thing and things, which to any captain
general and governor in chief doth or ought of right to belong. And we do
hereby give and grant unto you full power and authority, by and with the
advice and consent of our said council, to erect, raise and build in our
said province of Nova-Caesaria, or New-Jersey, such and so many forts,
platforms, castles, cities, boroughs, towns, and fortifications, as you,
by the advice aforesaid, shall judge necessary, and the same, or any of
them, to fortify and furnish with ordinance, ammunition, and all sorts of
arms fit and necessary for the security and defence of our said province;
and by the advice aforesaid, the same or any of them again to demolish or
dismantle as may be most convenient. And forasmuch as many mutinies and
disorders may happen, by persons shipped and employed at sea, during the
time of war; to the end that such may be better governed and ordered, we
do hereby give and grant unto you the said lord Cornbury, full power and
authority, to constitute and appoint captains, lieutenants, masters of
ships, and other commanders and officers, and to grant unto such captains,
lieutenants, masters of ships, and other commanders and officers,
commissions, to execute the law martial during the time of war, and to
use such proceedings, authorities, corrections, executions, upon any
offender or offenders who shall be mutinous, seditious, disorderly, or any
ways unruly at sea, or during the time of their abode or residence in any
of the ports, harbours, or quays of our said province, as the cause shall
be found to require, according to martial law, during the time of war as
aforesaid. Provided, that nothing herein contained, shall be construed to
the enabling you, or any by your authority, to hold plea or have any
jurisdiction of any offence, cause, matter or thing committed or done
upon the high sea, or within any of the harbours, rivers or creeks of our
said province under your government, by any captain, commander,
lieutenant, master, officer, seaman, soldier, or other person whatsoever,
who shall be in actual service and pay, in or aboard any of our ships of
war, or the vessels acting by immediate commission or warrant from our
high admiral of England, under the seal of our admiralty, or from the
commissioners for executing the office of our high admiral of England
for the time being; but that such captain, commander, lieutenant, master,
officers, seaman, soldiers, and other persons offending, shall be left to
be proceeded against as the merit of their offences shall require, either
by commission under our great seal of England, as the statute of the
twenty-eighth of king Henry the eighth directs, or by commission from
our high admiral of England, or from our commissioners for executing
the office of our high admiral of England, for the time being, according
to the act of parliament passed in the thirteenth year of king Charles the
second, entitled, An act for establishing articles and orders, for the
regulating and better government of his majesty's navy, ships of war,
and forces by sea, and not otherwise. PROVIDED NEVERTHELESS, that all
disorders and misdemeanors committed on shore by any captain, commander,
lieutenant, master, officer, seaman, soldier, or any other person
whatsoever, belonging to any of our ships of war, or other vessels acting
by immediate commission, or warrant from our high admiral of England,
under the seal of our admiralty, or from our commissioners for executing
the office of high admiral of England, for the time being, may be tried
and punished according to the laws and place where any such disorders,
offences and mis demeanors, shall be committed on shore, notwithstanding
such offender be in our actual service and in our pay on board any such
our ships of war or other vessels, acting by immediate commission or
warrant from our high admiral, or from our commissioners for executing the
office of high admiral for the time being as aforesaid, so as he shall not
receive any protection for the delaying of justice, for such offences
committed on shore, from any pretence of his being employed in our service
at sea. Our will and pleasure is, that all publick money raised, or that
shall be raised, by any act hereafter to be made within our said province,
and issued out by warrant from you, by and with the advice and consent of
our council, and disposed of by you for the support of the government, and
otherwise; we do hereby give you the said lord Cornbury, full power and
authority, to order and appoint fairs, marts, and markets, as also such
and so many ports, harbours, quays, havens, and other places for the
conveniency and security of shipping, and for the loading and unloading of
goods and merchandize, as by you, with the advice and consent of our said
council, shall be thought fit and necessary. And we do hereby require and
command of all officers and magistrates, civil and military, and all other
the inhabitants of our said province, to be obedient, aiding and assisting
unto you the said lord Cornbury, in the execution of this our commission,
and of the powers and authorities herein contained; and in case of your
death or absence out of our said province, to be obedient, aiding and
assisting to such person as shall be appointed by us, to be our lieuteuant
governor or commander in chief of the said province, to whom we do
therefore by these presents, give and grant all and singular the
privileges and authorities aforesaid, to be by him executed and enjoyed
during our pleasure, or until your arrival within our said province: And
if upon your death or absence out of our said province, there be no person
upon the place commissionated or appointed by us to be our lieutenant
governor, or commander in chief of the said province; our will and
pleasure is, that the then present council of our said province, do take
upon them the administration of the government, and execute this
commission, and the several powers and authorities herein contained, and
that such councellor who shall be at the time of your death or absence,
residing within our said province, and nominated by our instructions to
you, before any other at that time residing there, do preside in our said
council, with such privileges and preheminences as may be necessary in
those circumstances, for the due and orderly carrying on the publick
service in the administration of the government as aforesaid, until our
pleasure be further known, or until your return. LASTLY, we do hereby
declare, ordain and appoint, that you the said lord Cornbury, shall and
may hold, execute and enjoy the office and place of captain general and
governor in chief, in and over our province of Nova-Csasaria, or New-
Jersey, together with all and singular the powers and authorities hereby
granted unto you, for and during our will and pleasure, from and after the
publication of this our commission. In witness whereof we have caused
these our letters to be made patents: Witness ourself at Westminster, the
fifth day of December, in the first year of our reign."

1 See his commission in book B. secretary's office, Burlington,

2 Long before, according to the representation of the lords of trade,
October 2, 1701, the proprietors (say they) of East-New-Jersey, did
surrender their pretended right of Government to king James, in the month
of April, 1688; which was accordingly accepted by him.

3 Vid. Appendix, numb. viii, ix, x, xi, xii, xiii, xiv.



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 furni