History of Nova Caesarea - Part 6



CHAP. XIV.
Observations on Lord Cornbury's instructions, and the privileges originally
granted to the settlers, with abstracts of some of them.

§ I. It is apparent, from the whole tenor of the application from the
proprietors, that they had constantly in view the reservation of the
principal privileges they enjoyed; and that their meaning was only to part
with the powers of government; accordingly in the instrument of surrender,
nothing appears to be resigned but these; their endeavours therefore to
stipulate expressly for a fresh confirmation of particular privileges,
seems to have been owing to an unnecessary diffidence; they were however
so far indulged, that a draught of the foregoing commission and
instructions was prepared and shewn to them for their acquiescence,
conformable to what the Lords of trade in their representation of October
2, 1701, had proposed.1

§ II. After the lords commissioners for trade and plantations had prepared
a draught of the commission and instructions for a new governor, they
referred it to sir Thomas Lane, and the proprietors, in the words
following;

"Whitehall, November 14, 1701.

"Sir,

"I am commanded by the lords commissioners for trade and foreign
plantations, to send you the inclosed draught of a commission and
instructions for a governor for his majesty's province of New-Jersey,
prepared by order of their excellencies the lords justices, that you may
communicate the same to the proprietors of both the divisions of East
New-Jersey, and West New-Jersey, for their observation thereupon; which
their lordships desire may be made and returned to them with all
convenient speed, in order to such further proceedings as shall be found
necessary, for the settling that province in a due form of government.

"I am, sir, your most humble servant,

"WILLIAM POPPLE.

"To sir Thomas Lane, Knight and Alderman."

§ III. The report of the lords of trade to king William 2 upon the same
occasion, not long before the surrender, was conceived in the terms
following:

"To the King's most excellent majesty.

"May it please your majesty,

"Having been directed by their excellencies the lords justices, upon a
representation, which we humbly laid before them, concerning the disorders
in your majesty's provinces of East and West New-Jersey, in America; to
prepare draughts of a commission and instructions for a governor to be
sent thither by your majesty, and to consult therein the proprietors of
those provinces, in order to the surrender of their pretended right to the
government of the same: We humbly lay before your majesty the draughts
which we have prepared accordingly, with such clauses as we conceive
proper, to enable the governor, for whose name we have left a blank, to
proceed in settling a government in that country, conformable, (as near as
the circumstances of the inhabitants will permit) to the method of
government, settled by your majesty's respective commissioners in your
other American plantations; and withal to prevent the interfering of that
colony with the interest of those other plantations: We have also in
pursuance of their excellencies directions, communicated the said draughts
to sir Thomas Lane, and others, the principal proprietors of West New-
Jersey, and to Mr. William Dockwra, secretary,3 and others, the principal
proprietors or East New-Jersey; in behalf of themselves, and the rest of
the proprietors of both those divisions; which draughts they have
unanimously approved; and in confidence that your majesty will be
graciously pleased accordingly to constitute a governor over those
countries, they have declared themselves willing and ready to surrender
all their right, or pretence of right to government, which they have
hitherto claimed; whereupon we humbly request to your majesty, that the
reducing these colonies to an orderly form of government, under a governor
constituted by your majesty's immediate commission, will be of great
service to your majesty, in preventing illegal trade, and the harbouring
of pirates, and will be of good influence throughout the other
plantations; and we humbly offer, that Mr. attorney general be directed
forthwith to prepare a form of a surrender of their said right, or
pretence of right to government, which may be most effectual to the
extinguishing their said pretensions, and present the same to your majesty.

"And whereas they have desired, that the first governor to be thus
appointed by your majesty, may be a person fitly qualified for that
service; but cannot agree in the recommendation of any particular person:
We humbly propose, that when the surrender shall be made, your majesty
would be pleased to nominate some person wholly unconcerned in the
factions, which have divided the inhabitants of those parts, all which
nevertheless is most humbly submitted.
"Wm. Blathwayt,
"Ph. Meadows,
"John Pollexson,
"Abr. Hill,
"Stanford,
"Mat Prior Whitehall, Jan. 6th. 1701-2."

§ IV. In a memorial hereafter inserted 4 of the proprietors of West-
Jersey, to the lords commissioners of trade and plantations, against lord
Cornbury, signed by sir Thomas Lane, and other 5 proprietors, who signed
the surrender; we find them recapitulating, several matters, and asserting
that they were part of the terms of their surrender, and placed as such
among others in the instructions. And by the assembly's remonstrance, in
1707, it appears, they thought their privileges more secure than some of
their neighbours, and fully depended on being protected in the enjoyment
of them.

§ V. Among the instructions to lord Cornbury are to be found, the principal
matters the proprietors pointed out as what they desir'd to have reserved,
the articles 9, 14, 15, 16, 36, 37, 38, 45, 51, 52, 53, 86, 87, bear
evident marks that they were of this number; these and such of the others
as reserve or reinforce the particular privileges of the proprietors and
inhabitants of New-Jersey, were doubtless adopted and continued in
consequence of their application and the onginal grants.

§ VI. If the instructions to all the succeeding governors are copied from
those to lord Cornbury, as it is generally understood; such of them as
differ from what is common to other plantation governors, were intended to
be at the time of the surrender, and which the foregoing sections seem to
confirm, it is a farther evidence that they are esteemed, as to the matter
of them, rights and privileges belonging to the inhabitants of New-Jersey;
and that it has been and is the intention of the crown to continue them as
such.

§ VII. There does not appear to have been any design to abridge the
privileges before enjoyed, nor could it perhaps be legally effected, by
any of the steps taken before or in the surrender; for many of the
settlers, though they were actually proprietors, do not seem to have been
parties to the surrender, either by themselves or any legally constituted
body for them, except it may be supposed, their approving the thing
without joining in any one public act to effect it, made them so.

§ VIII. The proprietors who signed the instrument of surrender, considered
as to the shares of propriety they held, might be thought of importance
enough to be denominated the whole, in barely giving up the government;
because they had not conveyed that: But it no where appears, that they had
any legal power to represent the settlers in general, in matters wherein
they had admitted them to share in their property, whether of land or
privilege, and as to numbers, were but a small part of the proprietors,
and a very small part of the settlers.

§ IX. Every settler who complied with the terms of settlement publickly
established, as well as the purchaser, being entitled to the privileges
purchased or settled under; it could not be lawful, that the act of any
fellow proprietor to the last, or landlord to the other, should deprive
them of what, by the original frame and constitutions of the country, or
particular agreements, they had a share in; and had been the principal
inducement of their removing hither to settle.

§ X. That the civil and religious privileges subordinate to, and derived
from, but not connected with the powers of government, were the principal
inducement of many of the settlers, to leave good habitations and remove
hither, none acquainted with the state of things in the original
settlement can doubt.

§ XI. If therefore every purchaser and settler had a right to and property
in the privileges conveyed to them, and if the ideas of property in
British subjects are the same in the colonies as in the mother country;
according to these, nothing but their own act by themselves as
individuals, or as some way represented in legislation or otherwise, could
deprive them of it; any thing less would imply an absurdity in the term.

§ XII. That they had a right, will evidently appear by the following short
view of the premises; first, by right of discovery it became vested in the
crown; by the crown it was granted to the duke of York; by the duke to
lord Berkeley and sir G. Carteret, so to the purchasers immediately under
them, and thence individually to every freeholder, with the right of the
natives purchased and amply confirmed to them; hence it is, if these
conveyances were good, that every freeholder must have a clear
incontestable right to his freehold, and consequently to every privilege
conveyed with it as far as these grants will warrant.

§ XIII. In another view the case may be stated thus; the proprietors said
to the people, if you will buy this land, you and your posterity forever
shall have these privileges; for the first you have our hand and seal; for
the other our publick declarations and concessions solemnly ratified under
our hands, recorded in the public offices; and for a more compleat
security, most of them also confirmed by laws in the same manner as the
title and right to location of many of the lands are founded; hence a
conclusion seems to follow, that the privileges became a part of the
purchase, and that the proprietors in the sale of their lands, received a
consideration for them; and if so, to their birth-right as British
subjects must be superadded the right of purchase.

§ XIV. It may possibly be objected as to West-Jersey, that the proprietors
sold or conveyed the government to Dr. Coxe, and he again conveyed it to
several of those who were parties to the surrender; supposing this to be
true, it concludes nothing in the present case; the question is not as to
government, but privilege in other respects; to bring that into the
argument it must be proved, first, that the proprietors generally
concurred in the sale; secondly, that they had power to sell again that
proportion which had before been conveyed to others; thirdly, that the act
of surrender in any respect affects it; lastly, that the proprietors of the
Massachusetts, Pennsylvania, or any other charter government, may or could
by their own act barely, resign so as to annul or destroy what their
predecessors or they have conveyed and confirmed to the people; 'till this
is done, the other, for similar reasons, must be supposed impossible:
Equally inconclusive must be any argument here as to right of conquest
from what happened in 1673; if the treaty of Westminster had not restored
things to their original footing, the last grants, and laws in consequence
of them, confirming former privileges, and nearly the whole matter
relating to West-Jersey, bear date since.

§ XV. To argue, that because there is no express clause in the instrument,
by which the government was surrendered, reserving the people's
privileges; that therefore they were not reserved; would be just as
reasonable as to argue, that because the right to the soil is not there
particularly reserved, that therefore it was not reserved at all; and yet
it remains to the possessors without interruption; and the right to every
civil and religious privilege not cancelled in the act of resignation, nor
since altered by law, being equally strong as to the forms of authenticity
(however overlooked or forgot in occasional practice) must be supposed to
retain their original validity.

§ XVI. From what has been said, it seems to be evident, that the
proprietors who signed the instrument of surrender, had it not in their
power, and therefore could not have intended; nor if they had, can the
words or meaning of any thing they appear to have transacted, be legally
construed to extinguish any privilege before derived from the royal
grants, either relating to liberty of conscience, or matters of privilege
in other cases; their power of the government only excepted;6 whether
this power was ever in due form of law granted or not,7 they had enjoyed
it near forty years; rightly or even tolerably administered, it must
undoubtedly be considered in the light of a privilege to the inhabitants
in general; as having their immediate rulers on the spot, ready to see and
redress grievances, or prevent the occasions of them; induced to it both
by the strong ties of increasing profit to themselves, and the good of
others; but if we may compare the latter part of these proprietors
administrations with the tranquility that has ensued for most of the time
since; and to this, add the benefits 8 derived from royal attention, and
thence be allowed to form a judgment; we shall not perhaps see much cause
to regret the change of situation.

§ XVII. What the original privileges of the inhabitants of New-Jersey
were, by the several grants and concessions, and other instruments
beforementioned, and proprietary laws, will at large appear; some of those
not immediately connected with government or land affairs, may be known by
the following abstracts: In East and West-Jersey, before the division.

1. No person swearing or subscribing allegiance to the king, and
faithfulness to the proprietors, to be any ways molested, punished,
disquieted, or called in question, for any difference in opinion or
practice, in matters of religious concemnient, who did not disturb the
civil peace; but that all such persons should at all times, freely and
fully have and enjoy their judgments and consciences, they behaving
themselves peaceably and not using this liberty to licentiousness.
Concessions and agreements of the proprietors Carteret and Berkeley, with
the adventurers, Feb. 10, 1664.

2. By legislative act to levy taxes, and not otherwise, and this as should
seem most equal and easy for the inhabitants. ibid.

3. By law to provide for the support of government. ibid.

4. That cattle ranging or grazing on lands not appropriated to particular
persons, shall not be deemed trespassing, but custom not to be plead from
hence, nor any, purposely to suffer their cattle to graze on such lands.
ibid. In East-Jersey, after the quintipartite division.

5. That the courts of session and assize, should be established by the
governor, council, and representatives, and that appeals from thence,
should be made to the governor and council, &c. Declaration of sir George
Carteret, dated July 31, 1674.

6. "Among the present proprietors, there are several that declare they
have no freedom to defend themselves with arms; and others who judge it
their duty to defend themselves, their wives and children, with arms: It
is therefore agreed and consented to; and they the said proprietors do, by
these presents, agree and consent, that they will not in this case, force
each other against their respective judgments and cousciences; in order
whereunto it is resolved, that on the one side, no man that declares, he
cannot for conscience sake, bear arms, whether proprietor, or planter,
shall be at any time put upon so doing, in his own person; nor yet upon
sending any to serve in his stead; and on the other side those who do
judge it their duty to bear arms for the publick defence, shall have their
liberty to do it in a legal way." Fundamental constitutions of East New-
Jersey, A.D. 1683.

7. All persons acknowledging one almighty and eternal God, and holding
themselves obliged in conscience to live quietly in civil society; shall
no way be molested, or prejudged for their religious persuasions and
exercise in matters of faith and worship, nor be compelled to frequent and
maintain any place of worship or ministry whatsoever; but none to be
admitted to places of publick trust, who do not profess faith in Christ
Jesus, and will not solemnly declare, that he is not obliged in
conscience, to endeavour alteration in the government, nor does not seek
the turning out of any in it, or their ruin or prejudice in person or
estate, because they are in his opinion hereticks, or differ in judgment
from him; but none under the notion of liberty, by this article, to avow
atheism, irreligiousness, nor to practice prophaneness, murder, or any
kind of violence; or indulge themselves in stage-plays, masks, revells, or
such like abuses. ibid.

8. No person to be imprisoned or deprived of his freehold, free custom or
liberty, to be out-lawed, exiled or any other way destroyed, nor be
condemned, but by lawful judgment of his peers; justice or right to be
neither bought nor sold, deferred or delayed to any person whatsoever; all
trials to be by twelve men, and as near as may be, peers and equals, and
of the neighbourhood, and without just exception; twenty four to be
returned by the sheriff as a grand inquest, twelve at least to agree in
finding the complaint to be true; reasonable challenges to be admitted
against the twelve or peers who have the final judgment, or any of them:
In all courts, persons of all perswasions to appear in their own way, and
according to their own manner, and personally plead their own causes, or
if unable, by their friends; and no person allowed to take money for
pleading or advice in such cases.9 ibid.

9. All marriages not forbidden in the law of God to be esteemed lawful,
where the parents or guardians being first acquainted, the marriage is
publickly intimated in such places and manner as is agreeable to men's
different persuasions in religion, and afterwards solemnized before
creditable witnesses, and duly registered. Ibid.

10. All witnesses called to testify to any matter or thing in any court, or
before any lawful authority, to deliver their evidence by solemnly
promising to speak the truth, the whole truth and nothing but the truth;
and the punishment of falshood to be the same as in eases of perjury; the
like in cases of forgery; and both criminals to be stigmatized. Ibid.

11. Forfeited estates, except for treason or capital crimes, to be
redeemed by the nearest of kin, within two months, by paying to the
publick treasury, not above one hundred pounds, nor under five pounds
sterling. Ibid. In West-Jersey.

12. No cattle straying, ranging or grazing on any unlocated grounds, to
subject their owners to damages, but custom of commons not to be pretended
to, nor any person hindered from legally taking up any such lands.
Concessions and Agreements, chap. viii.

13. All taxes to be levied by legislative act. Ibid., chap. xi.

14. As no man or number of men upon earth, have power or authority to rule
over men's consciences in religious matters; no person or persons
whatsoever, at any time or times hereafter, shall be any ways, upon any
pretence whatsoever, called in question or in the least punished or hurt
in person, estate or privilege, for the sake of his opinion, judgment,
faith, or worship towards God in matter of religion. Ibid., chap. xvi.

15. No person to be deprived of life, limb, property, or any ways hurt in
his or their privileges, freedoms or franchises, upon any account
whatsoever, without a due trial and judgment passed by twelve good and
lawful men of his neighbourhood first had; persons arraigned allowed to
except against any of the neighbourhood, without rendering a reason, not
exceeding thirty-five, and with valid reasons against every person
nominated for that service. ibid., chap. xvii.

16. In all causes, civil and criminal, proof to be made by the solemn and
plain averment of at least two honest and reputable persons; upon false
evidence, the party in civil causes liable to the penalty due to the
person or persons he or they bear witness against; in criminal causes to
be severely fined, and for the future disabled from being admitted an
evidence or to any public employment. ibid., chap. xx.

17. Persons preferring indictments or informations against others for
personal injuries, or matters criminal (treason, murder and felony
excepted) to be masters of their own process, and have power to remit or
forgive as well before as after judgment and sentence. ibid., chap. xxi.

18. All causes, civil and criminal, to be decided by the verdict of twelve
men of the neighbourhood, to be summoned by the sheriff, and no person
compelled to fee an attorney; but to have free liberty to plead his own
cause; and that no person imprisoned upon any account whatsoever, should
be obliged to pay any prison fees. ibid., chap. xxii.

19. All jurisdictions and their powers to be established by legislative
act.

20. In courts of justice for trial of causes civil or criminal, all
inhabitants to come freely into, and attend and hear any such trials,
"that justice may not be done in a corner, nor in any covert manner; being
intended and resolved by the help of the Lord, and by these our
concessions and fundamentals, that all and every person or persons
inhabiting the said province, shall, as far as in us lies, be free from
oppression and slavery." ibid., chap. xxiii.

21. The proprietors and freeholders to have liberty to give their
representatives instructions, and to represent their grievances; and any
of the electors upon complaint made of failure of trust or breach of
covenant, to remonstrate the same to the Assembly.

22. In every meeting of general Assembly, liberty of speech to be allowed;
and none to be interrupted when speaking: All questions to be stated with
deliberation, and liberty for amendment, with power of entering reasons of
protest; and to have the member's yeas and no's registered: The doors of
the house to be set open; and liberty given to hear the debates: The
assembly to have power of enacting laws, provided they be agreeable to the
fundamental laws of England, and not repugnant to the concessions.
Concessions aforesaid. See also the first acts of Assembly of West-Jersey.

1 Appendix numb. xiii.

2 King William died between this and the surrender, having (its said)
first nominated lord Cornbury, governor of New-York and New-Jersey, on
account of the services of his father; who was among the first officers
that after his landing at Torbay, came over to him with his regiment.

3 Contriver of the penny-post, in the city of London: Oldmixon, says, he
got his information of New-Jersey from him; and that he, in the name of
the Proprietors of East-Jersey, and sir Thomas Lane (who had purchased the
best part of Dr. Coxe's share of propriety) on behalf of West-Jersey,
waited on the queen, and made a formal surrender of the sovereiqnty;
reserving all their rights.

4 Chap. xviii.

5 Every one of the signers of this, Robert Burrow and William Snelling
excepted, had signed the instrument of surrender.

6 See the queen's acceptance: And for the advantage of a ready view, as to
the meaning of the surrender, let the terms used in the instrument, be
here attended to, viz. "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, officer 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, &c."

7 We see the proprietors themselves seem to give into such a doubt in the
instrument of surrender.

8 An act prescribing the forms of declaration of fidelity, the effect of
the abjuration oath, and affirmation, instead of the forms heretofore
required, &c. Confirmed and rendered perpetual by the king in council, at
St. James's May 4, 1732. A succession of beneficial paper money acts on
loan, confirmed, but now expired. Another for acknowledging deeds, and
declaring how the estate or right of a feme covert may be conveyed or
extinguished. Confirmed and rendered perpetual by the king in council, at
Kensington, August 22, 1746. Another for ascertaining the officers fees,
ibid. at St. James's,
November 23, 1749. &c.

9 This last afterwards altered by an instruction to Basse, while he
exercised the office of governor in East Jersey, and fixed to be, that
none should practice without license from the governor.



CHAP. XV.
Lord Cornbury convenes the first general assembly after the surrender; His
speech, their address, and other prooeedings; Queen Anne's proclamation for
ascertaining the rates of coin; Cornbury dissolves the Assembly, and meets
a new one to his mind; Their proceedings and dissolution; A summary of the
establishment and practice of the council of proprietors of West-Jersey;
Another assembly called; who remonstrate the grievances of the province.

The distinction of the two Provinces East and West-Jersey, being henceforth
as to all matters of government laid aside, and both united in one under
the name of Nova-Caesaria, or New-Jersey; we now enter upon a more uniform
method of proceeding.

Contrary to the expectation of those concerned in the surrender, we soon
find them jointly struggling for the preservation of their privileges
against the encroachments of a governor, who, if his abilities had been
equal to his birth and interest, must be allowed to have been as
formidable an antagonist in that capacity as any that have come to the
colonies; besides being the son of a family that had merited highly in the
revolution, he was first cousin to queen Anne: With such an interest and a
disposition to have studied harmony and concord, instead of listening to
the votaries of faction, and meanly trumpeting their animosities, he had a
fair opportunity of singular service in restoring the public quiet, and
laying a foundation of prosperity to the province; but that, afterwards
became the business of another.

Lord Cornbury arrived in New-Jersey in the month called August, 1703:

Having published his commission at Amboy and Burlington, he returned to his
government of New-York; but soon came back and convened the general
assembly to meet him at Perth-Amboy, the tenth of November.1 They chose
Thomas Gardiner,2 speaker, he was presented and accepted, and then,
conformable to the practice of parliament, made a demand of the particular
privileges of assemblies, as follows:

"That the members with their servants, may be free from arrests or
molestation during the sessions.

"That they have free access to your excellency's person, when occasion
requires.

"That they may have liberty of speech, and a favourable construction of
all debates that may arise among them.

"That if any misunderstanding shall happen to arise between the council
and this house, that in such a case a committee of the council may be
appointed to confer with a committee of this house for adjusting and
reconciling all such differences. And,

"That these our requests may be approved of by your excellency and
council, and entered in the council books." The governor, in answer told
them, he granted the three first as the just and undoubted right of the
house; but rejected the fourth as an innovation, and accordingly ordered
an entry of the same in the council books; this done, he made a speech to
the council and general assembly:

"Gentlemen,

"The proprietors of East and West New-Jersey, having upon very mature
consideration, thought fit to surrender to her most sacred majesty the
great queen of England, my mistress, all the powers of government which
they supposed were vested in them; the queen has been pleased to unite
these formerly two provinces now into one, under the name of Nova-Caesaria
or New-Jersey; her majesty has been pleased graciously to honour me with
the trust of this government, and has commanded me to assure you of her
protection upon all occasions; and you may assure yourselves, that under
her auspicious reign, you will enjoy all the liberty, happiness and
satisfaction, that good subjects can wish for; under a most gracious
queen, and the best laws in the universe, I mean the laws of England,
which all the world would be glad to partake of; and none are so happy to
enjoy, but those whose propitious stars have placed under the most happily
constituted monarchy: I will not question, but that you on your parts,
will do all that can be expected from faithful subjects, both for the
satisfaction of the queen, the good and safety of your country; which must
be attended with general satisfaction to all people.

"In order to attain these good ends, I must earnestly recommend it both to
you, gentlemen of her majesty's council, and you gentlemen of the
assembly, to apply yourselves heartily and seriously to the reconciling
the unhappy differences which have happened in this province; that as the
queen has united the two provinces, so the minds of all the people may be
firmly united in the service of the queen, and good of the country; which
are all one, and cannot be separated without danger of destroying both.

"Gentlemen, you are now met in general assembly, on purpose to prepare
such bills to be passed into laws, to be transmitted into England for her
majesty's approbation, as may best conduce to the settling of this
province upon a lasting foundation of happiness and quiet, only I must
recommend it to you, that the bills you shall think fit to offer, may not
be repugnant to the laws of England, but as much as may be, agreeable to
them.

"I must recommend to you, gentlemen, in the wording of your Bills, to
observe the stile of enacting by the governor, council and assembly; and
likewise, that each different matter may be enacted by a different law, to
avoid confusion.

"In all laws whereby you shall think fit to grant money, or to impose any
fines or penalties, express mention may be made, that the same is granted
or reserved unto her majesty, her heirs or successors, for the publick use
of this province, and the support of the government thereof.

"Gentlemen, I am farther commanded by the queen, to recommend it to you,
to raise and settle a revenue for defraying the necessary charges of the
government of this province, in order to support the dignity of it.

"I am likewise commanded to recommend to your care, the preparing one or
more bill or bills whereby the right and property of the general
proprietors to the soil of this province may be confirmed to them,
according to their respective titles, together with all quit rents and all
other privileges as are expressed in the conveyances made by the duke of
York; except only the right of government, which remains in the queen.

"Now, Gentlemen, I have acquainted you with some of those things which the
king is desirous to have done: I shall likewise acquaint you, that her
majesty has been graciously pleased to grant to all her subjects in this
province, (except papists) liberty of conscience. I must further inform
you, that the queen has commanded me not to receive any present from the
general assembly of this province; and that no person who may succeed me
in this government, may claim any present for the future; I am commanded
to take care, that her majesty's orders may be entered at large in the
council books, and the books of the general assembly.

"Now, gentlemen, I have no more to offer to you at this time, only I
recommend to you dispatch in the matter before you, and unanimity in your
consultations, as that which will always best and most effectually conduce
to the good of the whole."

The governor's speech being read in the house, produced the following
address, N. C. D.

"May it please your excellency,

"I am commanded by this house, to return your excellency our hearty thanks
for your excellency's many kind expressions to them, contained in your
excellency's speech; and it is our great satisfaction, that her majesty
has been pleased to constitute your excellency our governor.

"We are well assured the proprietors, by their surrender of their rights
to the government of this province, have put us in circumstances much
better than we were in under their administration, they not being able to
protect us from the villainies of wicked men; and haying an entire
dependence on her majesty, that she will protect us in the full enjoyment
of our rights, liberties and properties, do thank your excellency for that
assurance you are pleased to give us of it, and think our stars have been
very propitious in placing us under the government and direction of the
greatest of queens, and the best of laws: And we do entreat your
excellency to believe, that our best endeavours shall not be wanting to
accomplish those things which shall be for the satisfaction of the queen,
the general good of our country, and (if possible) to the universal
satisfaction of all people: With our prayers to the God of Heaven, we
shall join our utmost endeavours, to unite our unhappy differences; and
hope with the assistance of your excellency and council it will not be
impossible to accomplish that blessed work. We shall follow the directions
given in your excellency's speech, with what dispateh the nature of the
things require; and hope, that all our consultations may conduce to the
best and greatest ends.

"Memorandum, that all the members of this house do agree to the subject
matter above written, tho' several of them dissent from some of the
expressions therein contained."

This address presented, the assembly, after regulating elections complained
of; prepared several bills; but one only received the governor's assent:
This related to the purchasing of lands of the Indians, was prepared
pursuant to an article in Cornbury's instructions, and prohibits purchases
or gifts of lands being made or received from the Indians without license
of the proprietors, after the 1st December, 1703, under penalty of
forfeiting forty shillings per acre; it also retrospects and makes void
all Indian bargains, gifts, leases or mortgages, without an English title,
unless covered with a propriety right in six months thereafter. This law
is yet in force.

The governor put an end to this session, December 13, by observing to the
assembly, that the season being far advanced, it was absolutely necessary
to conclude business: That he wished the several bills before himself and
them could have been dispatched; but that the matters contained in them,
were of so great moment, the difficulties so many and the time so short,
that it was impossible to finish: That being now acquainted with the
nature of those difficulties, they should come prepared in the spring to
remove them, and provide such good laws as might effectually ascertain the
rights of the several proprietors, and fully secure every man's property.
These being the points which would most conduce to the peace and welfare
of the colony, recommended the council and assembly to employ their
serious thoughts, that the most effectual means to attain those desirable
ends might be discovered, and to point out other useful laws, and
concludes with observing, that they would ever find him ready to consent
to all such things as should be for the good of the whole.

In 1704, great inconveniencies were found, by the same coin bearing
different values in the provinces on the continent; to remedy this by one
general medium, queen Anne published her proclamation for ascertaining the
value of foreign coin in America; which seems to claim a place here:

"By the QUEEN.

"A proclamation for settling and ascertaining the current rates of foreign
coins in her majesty's colonies and plantations in America.

"WE having had under our consideration the different rates at which the
same species of foreign coins do pass in our several colonies and
plantations in America, and the inconveniencies thereof; by the indirect
practice of drawing the money from one plantation to another, to the great
prejudice of the trade of our subjects; and being sensible, that the same
cannot be otherwise remedied, than by reducing of all foreign coins to the
same current rate within all our dominions in America; and the principal
officers of our mint having laid before us a table of the value of the
several foreign coins which usually pass in payments in our said
plantations, according to the weight and the assays made of them in our
mint, thereby shewing the just proportion which each coin ought to have to
the other; which is as followeth, viz. Sevill pieces of eight, old plate,
seventeen penny weight, twelve grains, four shillings and six pence;
Sevill pieces of eight, new plate, fourteen penny-weight, three shillings
and seven pence one farthing; Mexico pieces of eight, seventeen penny-
weight twelve grains, four shillings and six pence; pillar pieces of
eight, seventeen penny-weight twelve grains, four shillings and six pence
three farthings; Peru pieces of eight, old plate, seventeen penny-weight
twelve grains, four shillings and five pence or thereabouts; cross dollars,
eighteen penny-weight, four shillings and four pence three farthings;
ducatoons of Flanders, twenty penny-weight and twenty-one grains, five
shillings and six pence; eau's of France or silver Lewis, seventeen
penny-weight twelve grains, four shillings and six pence; crusadoes of
Portugal, eleven penny-weight four grains, two shillings and ten pence one
farthing; the silver pieces of Holland, twelve penny-weight and seven
grains, five shilling and two pence one farthing; old rix dollars of the
empire, eighteen penny-weight and ten grains, four shillings and six
pence; the half, quarters and other parts in proportion to their
denominations; and light pieces in proportion to their weight: We have
therefore thought fit, for remedying the said inconveniencies, by the
advice of our council, to publish and declare, that from and after the
first day of January next ensuing the date hereof; no Sevill, pillar, or
Mexico pieces of eight, though of the full weight of seventeen penny-
weight and a half; shall be accounted, received, taken or paid, within any
of our said colonies or plantations, as well those under proprietors and
charters, as under our immediate commission and government, at above the
rate of six shillings per piece, current money, for the discharge of any
contracts or bargains to be made after the said first day of January next;
the halves, quarters, and other lesser pieces of the same coins, to be
accounted, received, taken, or paid in the same proportion; and the
currency of all pieces of eight of Peru, dollars and other foreign species
of silver coins, whether of the same or baser alloy, shall after the said
first day of January next, stand regulated, according to their weight and
fineness, according and in proportion to the rate before limited and set
for the pieces of Sevill, pillar and Mexico; so that no foreign silver
coin of any sort, be permitted to exceed the same proportion upon any
account whatsoever. And we do hereby require and command all our governors,
lieutenant governors, magistrates, officers, and all other our good
subjects, within our sald colonies and plantations, to observe and obey
our directions herein, as they tender our displeasure: Given at our castle
at Windsor, the eighteenth day of June, 1704, in the third year of our
reign."

Cornbury met the assembly at Burlington the 7th of September, and
recommended the preparing a bill to Assembly ascertain the rights of the
general proprietors to ascertain the rights of the general proprietors to
the soil of the province, to settle a fund for support of government; and
a French privateer having committed depredations on the settlers about
Sandy Hook, he thence took occasion to press for a law to establish a
militia, and fix a watch house on the Navesink hills. The house took the
matters into consideration: It does not appear but they intended to make
such provision on those occasions, as suited the circumstances of the
province, yet their proceedings on the whole, were not to his mind; on the
28th therefore, he abruptly sent for and dissolved them, and issued writs
for a new election; to meet at Burlington the 13th of November following:

This election was industriously managed, and a majority of members
procured to his mind; they met at the time, and being divided in the
choice of a speaker, Peter Fretwell and John Bowne, candidates, and the
votes equal, they called upon their clerk, (William Anderson), to give the
casting vote, which he did for Fretwell, who was accordingly placed in the
chair;3 then receiving the speech, they by an address complimented
Cornbury, with going through the affairs of government "with great
diligence and exquisite management, to the admiration of his friends, and
envy of his enemies;" and passed a bill to raise two thousand pounds 4 per
annum, by tax, for support of government, to continue two years.

Several other laws were passed this session, and amongst them one for
establishing a militia, by the unnecessary severity of which, those
conscientiously scrupulous of bearing arms in many parts were great
sufferers.

On the 12th of December, the governor adjourn'd them 'till next year, with
more encomiums on their conduct, than many of them got from their
constituents on their return home; during this whole session, they had
tamely suffered the arbitrary practices of Cornbury, to deprive them of
three of their most substantial members, Thomas Gardiner, Thomas Lambert
and Joshua Wright, under pretence of their not owning land enough to
qualify them to sit there, tho' they were known to be men of sufficient
estates; and the same assembly at their next meeting at Amboy, in 1705,
themselves declare, the members had heretofore satisfied the honse of
their being duly qualified to sit in the same; and they were then
admitted, when the purposes of their exclusion were answered: This sitting
was in October and November, but produc'd nothing of much consequence; the
session which followed at the same place in October, 1706, likewise proved
unsuccessful; and now Cornbury again dissolvd the assembly.

In the 11th month this year, the council of proprietors for the western
division, met according to their usual practice; present, William Biddle,
president, Samuel Jenings, George Deacon, John Wills, William Hall,
Christopher Wetherill and John Kay; to this council Cornbury sent an order
to resolve him in certain points proposed to them, which for some reasons,
were at present delayed; but in the spring next year, he sent for the
council of proprietors to attend him in council at Burlington, and there
proposed sundry questions on the same subject, demanding a categorical
answer to each; they soon resolved him by sending 5 a summary of their
constitution and establishment as follows:

"The answer delivered to the governors three questions, delivered to him
by the council of proprietors.

"WHEREAS our governor the lord Cornbury, was pleased at our attending on
him in council the thirteenth day of this instant May, to require answers
to three questions, viz. who was the council of proprietors the last year;
and who are chosen for this year, and to have the names of them? the
second is, what are the powers the said council pretend to have? the
third, by whom constituted?

"And in obedience thereto, we being part of the trustees, or agents
commonly called the council of proprietors, are willing to give all the
satisfaction we are able, in humble answer to his lordships requirings,
viz.

"First, the persons chosen for the last year to serve the proprietors as
agents or trustees, were William Biddle, Samuel Jenings, George Deacon,
John Wills, and Christopher Wetherill, for the county of Burlington; and
John Reading, Francis Collings, John Kay and William Hall, of Salem, for
the county of Gloucester, and below; and for this present year 1707,
William Biddle, Samuel Jenings, Lewis Morris, George Deacon, John Wills,
John Kay, John Reading, Thomas Gardiner and William Hall of Salem.

"2. In the year 1677, the first ship that came here from England, which
brought the first inhabitants that came to settle in these remote parts,
by virtue of Byllinge's right, before she sail'd the proprietors being
met together at London, thought it advisable to settle some certain
method how the purchasers of land from Byllinge, &c. should have their
just rights laid forth to them, concluded on a number of persons, viz.
Joseph Helmsly, William Emly, John Penford, Benjamin Scott, Daniel Wills,
Thomas Olive and Robert Stacy, as should be called commissioners, and they
were first impowered to purchase what land they could from the Indians,
and then to inspect all rights, as any lands were claimed, and when
satisfied therein, to order the laying it out accordingly; which
commissioners when arrived here, did forthwith make several purchases of
land, and acted as aforesaid, for some time, 'till some of them being not
longer able to struggle with such hunger, and many other great hardships
as were then met withal, return'd again for England; so for preventing
confusion among the people, the assembly took the trouble of it on them;
this continued in practice 'till about the year 1687; then the assembly
having much other business, and being not able to spend their time and
money abroad, would not longer be troubled with that business, as was
wholly belonging to the proprietors, and so threw it out of the house, and
told the proprietors they might choose a convenient number of persons of
themselves, to transact their own business: Accordingly the 14th day of
February, the same year, the proprietors met at Burlington, and then and
there chose and elected eleven persons of themselves, to act for the
whole, for the next ensuing year; but then finding that so many and at
such distances being hard to be got together, they next year chose but
nine, and accordingly signed instruments for the confirming that
constitution, of which his lordship has a copy; and the same methods have
been every year since practised to this present year 1707; and in all this
time no inconveniencies hath arisen from it, but on the contrary, much
ease and advantage to the proprietors; as by a further declaration of many
other of the proprietors under their hands, is ready to be proved.

"Now as to the powers of those as are now and have all along been, they
are the same with the first that came over from England in the year 1677;
that is to say, to purchase land of the Indians, with the consent and
advice of the said proprietors as chose them, and to inspect the rights
of every man as shall claim any land, so that the same may be surveyed
to him or them; and for the more easy and speedy settling of the province,
commissioners have been appointed in each county, to inspect all rights as
aforesaid; the said agents, trustees or council, also to choose a
recorder, a surveyor general and rangers in each county, to range for the
benefit of the said general proprietors, and to appoint persons to prevent
the wasting and destroying of the proprietors timber, upon their
unsurveyed lands, &c.

"The proprietors residing in England, have had knowledge of a committee of
the agents or trustees of the proprietors here, who were to act and
negotiate their affairs by their agents, from time to time, acting in
conjunction with them, as Adlord Boud, John Tatham, agents to doctor Coxe;
and when Jeremiah Bass was agent, he acted with them also; after him, when
our late governor Hamilton was made agent, he acted as one of the said
agents, trustees or council for several years, and was president of the
same; and now Lewis Morris as agent to the society, is one of the said
trustees or council; and not only the agents of the agents of the
proprietors at home, but any proprietor now hath, and have had liberty,
to come and meet with the said agents, trustees or council, when he or
they pleased.

"Lastly, as to the constitution of the said agents, trustees or committee,
and by whom constituted; it is on certain days in the county of Burlington
and Gloucester, yearly and every year, they are chosen by the proprietors:
The above is as good an account as we that are present are able to give,
in answer to what was required of us by his lordship, and pray it may find
acceptance as such; but if any further thing may seem needful to be
answered, we humbly pray it may for this time be suspended, 'till the
whole can be got together."

The writs for a new assembly were returnable to Burlington, the 5th of
April, 1707. In this Assembly it soon appeared, Cornbury had not the
success in elections as in the last choice; his conduct was arbitrary, and
the people dissatisfied; the assembly chose Samuel Jenings, speaker,6
received the governor's speech, and soon after resolved into a committee
of the whole house to consider grievances; this committee continued
sitting from day to day, 'till at length they agreed upon fifteen
resolves, and by petition to the queen laid them before her, on the 8th of
the month called May, they also remonstrated their grievances to the
governor, as follows:

"May it please the governor,

"WE, her majesty's loyal subjects, the representatives of the province of
New-Jersey, are heartily sorry, that instead of raising such a revenue as
is by the governor (as we suppose by the queen's directions) required of
us, we are obliged to lay before him the unhappy circumstances of this
province: it is a talk we undertake not of choice, but necessity, and have
therefore reason to hope, that what we say may meet with a more favourable
reception.

"We pray the governor to be assured, it is our misfortune extorts this
procedure from us, and that we should betray the trust reposed in us by
our country, did we not endeavour to obtain relief.

"The governor encourages us to hope he will not be deaf to our entreaties,
nor by his denial render our attempts for the best ends fruitless.

"We may not perchance rightly apprehend all the causes of our sufferings,
but have reason to think some of them are very much owing to the governors
long absence from this province, which renders it very difficult to apply
to him in some cases which may need a present help.

"It were to be wished the affairs of New-York would admit the governor
oftener to attend those of New-Jersey, he had not then been unacquainted
with our grievances; and we are inclined to believe they would not have
grown to so great a number.

"It is therefore, in the first place, humbly presented to the governor's
consideration, that some persons under sentence of death for murder, have
not only remained 'till this time unexecuted, (they being condemned not
long after lord Cornbury's accession to this government) but often have
been suffered to go at large; it's possible the governor has not been
informed, that one of those persons is a woman who murdered her own child;
another of them a woman who poisoned her husband: The keeping of them so
long has been a very great charge, and how far it's a reflection on the
publick administration, to suffer such wretches to pass with impunity, we
dare not say; but sure the blood of those innocents cries aloud for
vengeance, and just Heaven will not fail to pour it down upon our already
miserable country, if they are not made to suffer according to their
demerits.

"Secondly, we think it a great hardship, that persons accused for any
crime, should be obliged to pay court fees, notwithstanding the jury have
not found the bill against them; they are men generally chose out of the
neighbourhood, and should be the most substantial inhabitants, who cannot
well be supposed to be ignorant of the character of the person accused,
nor want as good information as may be had; when therefore they do not
find the bill, it is very reasonable to suppose the accused person
innocent, and consequently no fees due from him; we pray therefore, that
the governor will give his assent to an act of assembly to prevent the
like for the future; otherwise no person can be safe from the practices of
designing men, or the wicked effects of a vindictive temper.

"Thirdly, the only office for probate of wills being in Burlington, it
must be very expensive and inconvenient for persons who live remote to
attend it, especially for the whole Eastern division; we therefore pray the
governor will assent to an act to settle such an office in each county, or
at least in each division of this province, and that the officers be men of
good estates, and known integrity in the said county or division.

"Fourthly, that the secretary's office is not also kept at Amboy, but
that all the Eastern division are forced to come to Burlington, that have
any business at said office, is a grievance which we hope the governor
will take care to redress; it seeming inconsistent with the present
constitution of government established by the queen, which doth not
admit one of the divisions of this province to enjoy more privileges than
the other; we therefore entreat the governor not to take it amiss, that we
desire his assent to an act to be passd to oblige the secretary to keep the
office at both places

"Fifthly, the granting of patents to cart goods on the road from
Burlington to Amboy, for a certain number of years, and prohibiting
others, we think to be a grievance that is contrary to the statute 21 Jac.
1. c. 3. against monopolies; and being so, we doubt not, will easily induce
the governor to assent to an act to prevent all such grants for the future;
they being destructive to that freedom which trade and commerce ought
to have.

"Sixthly, the establishing fees by any other power or authority than by
the governor, council and representatives met in general asssembly, we
take to be a great grievance, directly repugnant to Magna Charta, and
contrary to the queen's express instructions in the governor's nstructions,
which says, 'You are to take care, that no man's life, member, freehold or
goods, be taken away or harmed in our province, under your government,
otherwise than by established and known laws, not repugnant to, but as
near as much as may be, agreeable to the laws of England;' we therefore
pray, that the governor will assent to an act to be pass'd to settle fees;
without which we think no more can be legally demanded, than the persons
concerned by agreement oblige themselves to pay.

"Seventhly, the governor putting the former publick records of the Eastern
division of this province into the hands of Peter Sonmans, pretended agent
to the proprietors, one that does not reside in the province, nor has not
given security for the well and true keeping of them, as is by the queen
directed, and kept them so that her majesty's subjects cannot have
recourse to them; and their being carried out of the division, is a great
and crying grievance: They are the only evidences that one half of this
province has to prove the titles to their estates, and this house is
humbly of opinion, they ought to be so kept, that persons may have
recourse to them; and in the hands of such of whose fidelity there is no
reason to doubt; this being a thing so reasonable, encourages us to
request the governor to assent to an act to be passed to put them in
proper hands for the future, that the country may not be under the same
disappointments they now are.

"These, governor, are some of the grievances this province complains of;
and which their representatives desire may be redressed; but there are
others of a higher nature, and attended with worse consequences; they
cannot be just to the governor, themselves, or their country, should they
conceal them: We did expect when the government of the Jersies was
surrendered, to feel the benign influences of the queen's mild government,
under her more immediate administration, and to be protected in the full
enjoyment of our liberties and properties, the last of which we thought
ourselves something more secure in than some of the neighbouring
plantations; and had an entire dependance that her majesty's royal bounty
and goodness would never be wanting to make us easy and happy, even beyond
our wishes: It is our misfortune, that we must say, the success has not
answered the expectation, and the queen's subjects here have felt the
reverse of what they had most reason to hope; that greatest and best of
princes is, without all peradventure, ignorant of our pressures, or we had
long since had relief; she is too good to continue even the deserved
sufferings of the miserable, and has more of Heaven in her than to hear
the cry of those that groan under oppression, and the unkind effects of
mistaken power, to whom we owe our miseries; and what they are, the sequel
shews.

"In the first place, the governor has prohibited the proprietors agents,
commonly called the council of proprietors, from granting any warrants for
taking up of land in the Western division of this province: We cannot see
by what law or reason any man's property can be disposed of by the
governor without his consent: The proprietors when they surrendered their
government, did not part with their soil, and may manage it as they think
fit, and are not to take directions from any person whatsoever, how and
when to do it; if any persons concerned be grieved, the laws are open, by
which disputes in property are decided; and he doubtless will not be left
remediless. We are very sorry the governor gives us occasion to say, it is
a great encroachment on the proprietors liberties; but we are not suprised
at it, when a greater encroachment on our liberties lead the way to it,
and that was the governor's refusing to swear or attest three members of
the last assembly upon the groundless suggestions of Thomas Revel and
Daniel Leeds, two members of the queen's council, by which they were kept
out of the assembly: We are too sensibly touch'd with that procedure, not
to know what must be the unavoidable consequences of a governor's refusing
to swear which of the members of an assembly he thinks fit; but to take
upon himself the power of judging of the qualifications of assembly-men,
and to keep them out of the house (as the governor did the aforesaid three
members nigh eleven months 'till he was satisfied in that point) after the
house had declared them qualified; is so great a violation of the
liberties of the people, so great a breach of the privileges of the house
of representatives, so much assuming to himself a negative voice to the
freeholders election of their representatives, that the governor is
entreated to pardon us, if this is a different treatment from what we
expected: It is not the effects of passionate heats, the transports of
vindictive tempers; but the serious resentments of a house of
representatives, for a notorious violation of the liberties of the people,
to whom they could not be just, nor answer the trust reposed in them,
should they decline letting the governor know they are extremely
dissatisfied at so unkind a treatment, especially when its causes and
effects conspire to render it so disagreeable.

"It is notoriously known, that many considerable sums of money have been
raised to procure the dissolution of the first assembly, to get clear of
the proprietors quit-rents, and to obtain such officers as the
contributors should approve of; this house has great reason to believe,
the money so gathered was given to lord Cornbury, and did induce him
to dissolve the then assembly, and by his own authority keep three members
out of the next assembly, and put so many mean and mercenary men into
office; by which corrupt practice, men of the best estates are severely
harrassed, her majesty's good subjects in this province so impoverished,
that they are not able to give that support to her majesty's government as
is desired, or as they would be otherwise inclined to do; and we cannot
but be very uneasy when we find by these new methods of government, our
liberties and properties so much shaken, that no man can say he is master
of either, but holds them as tenant by courtesy and at will, and may be
stript of them at pleasure: Liberty is too valuable a thing to be easily
parted with, and when such mean inducements procure such violent
endeavours to tear it from us, we must take leave to say, they have
neither heads, hearts, nor souls, that are not moved with the miseries of
their country, and are not forward with their utmost power lawfully to
redress them.

"We conclude, by advising the governor to consider what it is that
principally engages the affections of a people, and he will find no other
artifice needful than to let them be unmolested in the enjoyment of what
belongs to them of right; and a wise man that despises not his own
happiness, will earnestly labour to regain their love.
"By order of the house,
"Samuel Jenings, speaker."

By this remonstrance may be seen much of the history of the times, and that
tho' things were carried to arbitrary lengths, there were not wanting in
the province, men of discernment to see and lament the unhappy situation
of their country, and of spirit to oppose it's greatest enemies; several
such were in this assembly, the speaker in particular,7 had very early
known New-Jersey, had lived thro' many changes and commotions, to see
great alterations in it; much concerned in publick transactions, he knew
what belonged to a public character; he had governed the western part of
the Province for several years, with integrity and reputation; saw the
advantages of a just confidence, and that it could not be acquired another
way; that though the office was in itself respectable, it was the honest
execution of it according to its dignity, that produced the intended
service, and secured the approbation of a kind but watchful mistress; for
such queen Anne was accounted to her governors. Jenings was also
undaunted, and lord Cornbury on his part, exacted the utmost decorum;
while as speaker he was delivering the remonstrance, the latter frequently
interrupted him with a stop, what's that, &c. at the same time putting on
a countenance of authority and sternness, with intention to confound him;
with due submission, yet firmness, whenever interrupted, he calmly desired
leave to read the passages over again, and did it with an additional
emphasis upon those most complaining; so that on the second reading they
became more observable than before;8 he at length got through; when the
governor told the house, to attend him again on saturday next, at 11
oclock, to receive his answer; he did not get ready 'till the twelfth,
when sending for the house, he delivered his answer.

1 The names of the first members of council after the surrender are in
lord Cornbury's instructions. The first representatives were: For the
eastern Division: Obadiah Bown, Jedediah Allen, Michael Howden, Peter Van
Este, John Reid, John Harrison, Cornelius Tunison, Richard Hartshorne,
Col. Richard Townly For the western Division: Thomas Lambert, William
Biddle, William Stevenson, Restore Lippincott, John Kay, John Hugg, jun.,
Joseph Cooper, William Hall, John Mason, John Smith For the town of
Burlington: Peter Fretwell, Thomas Gardiner. City of Perth-Amboy: Thomas
Gordon, Miles Forster.

2 Son of him whose death is mentioned before.

3 The members of this assembly were:

For the Eastern division: John Bown, Richard Hartshorne, Richard Salter,
Obadiah Bown, Anthony Woodward, John Tunison, John Lawrence, Jasper Crane,
Peter Vaneste, Thomas Gordon, John Barclay, John Royse.

For the Western division: Restore Lippincott, John Hugg, John Kay, John
Smith, William Hall, John Mason, Thomas Bryan, Robert Wheeler, Peter
Fretwell, Thomas Lambert, Thomas Gardiner, Joshua Wright.

4 The lieutenant governor Ingoldsby received 600 l. out of the sum.

5 It was delivered to Cornbury in council, the 30th, the proprietors then
present, were, Samuel Jenings, William Hall, Thomas Gardiner, John Wills,
John Kay, Christopher Wetherill and Lewis Morris; with the answer they
delivered to the governor and council, two papers containing the names of
several of the proprietors, declaring their approbation of the council,
and one Indian deed.

6 The members now were,

For the Eastern division: John Harrison, Lewis Morris, Elisha Parker,
Thomas Farmer, Jasper Crane, Daniel Price, John Bown, William Lawrence,
William Morris, Enoch Mackelson, John Royce, Thomas Gordon.

For the Western division: Peter Canson, William Hall, Richard Johnson,
John Thomson, Bartholomew Wyatt, John Wills, Thomas Bryan, Samuel Jenings,
Thomas Gardiner, John Kay, Philip Rawle.

7 Lewis Morris, also now distinguished himself with great activity in
behalf of privilege, and had a large share in the whole conduct of this
assembly; of him more hereafter.

8 After the house was gone, Cornbury with some emotion, told those with
him, that Jenings had impudence enough to face the D-l.



CHAP. XVI.
Lord Cornbury's answer to the assembly's remonstrance.

"Gentlemen,

"On thursday last I received a paper from you, which you call a
remonstrance; I then told you, it was of an extraordinary nature, and
contained many particulars, which tho' they lay open enough to receive
an immediate answer, yet because I would not put it in your power to say
I had given you a rash inconsiderate answer, I would make no return to it
'till the saturday following, at which time I sent you word by the
secretary, that I should not expect your attendance 'till this day. I shall
not take notice of any thing in your preamble, but the two last clauses of
it; in the first of which you say, that you have reason to think that some
of your sufferings are owing to the governor's long absence from this
province, which renders it very difficult to apply to him in some cases
that may need a present help: This is so far from being true, that besides
my being twice in this province every year, and have never staid less
than a month, some times six weeks, or more; the post goes every week
to New-York, by which I may be easily in formed of any emergency; moreover
the lieutenant governor, colonel Ingoldsby, resides constantly in this
province, and would certainly have done right to any persons that would
have complained to him; which makes this allegation very frivolous.

"In the next clause you say, that it were to be wished that the affairs of
New-York would admit the governor oftener to attend those of New-Jersey.
The affairs of New-York have never hindred the governor from attending
those of New-Jersey, whenever it has been requisite; and I can safely say,
I don't know of any grievances this province labours under, except it be
the having a certain number of people, in it who will never be faithful to
nor live quietly under any government, nor suffer their neighbours to
enjoy any peace, quiet or happiness, if they can help it.

"I now begin with your articles.

"Two women that have been condemned for murdering, have not been executed,
there having appeared most notorious malice and revenge in some people,
who were zealous in these prosecutions; the queen is the fountain of
honour, justice and mercy; and as she is so, she may when she pleases,
exert her mercy, either in reprieving or pardoning any criminal: That
power of pardoning and reprieving after condemnation, the subjects of this
province, her majesty has been pleased to intrust me with; and I am no
ways accountable to any person or number of persons whatsoever, for what I
do in those matters, but to the queen's majesty alone.

"As for what you say, with relation to the apprehensions you have, that
just heaven will not fail to pour down vengeance upon your already
miserable country, if these criminals are not made to suffer according to
their demerits: I am of opinion, that nothing has hindered the vengeance
of just heaven from falling upon this province long ago, but the infinite
mercy, goodness, long suffering, and forbearance of almighty God, who has
been abundantly provoked by the repeated crying sins of a perverse
generation among us, and more especially by the dangerous and abominable
doctrines and the wicked lives and practices of a number of people; some
of whom under the pretended name of christians, have dared to deny the
very essence and being of the saviour of the world: It is a strange thing,
that such an assembly of men as the representatives of the people of this
province are or ought to be, should complain of any thing under the name
of hardship, before they had informed themselves whether the thing they
had a mind to complain of, were really a hardship or not: This plainly is
your case at this time; for if you had asked any man, that knows any thing
of the practice of the law in England, you would have found, that if any
proceedings had been carried on against any persons supposed to be guilty,
they have always paid the court fees, notwithstanding the grand jury have
not found the bill; and this is so known a practice, that it is not to be
disputed; but when men will intermeddle with, or pretend to things which
they neither know nor understand, they cannot fail of misguiding
themselves, and misleading those that have a mind to be guided by them.

"Indeed, if juries in this country were as they ought to be, the
supposition might in some measure be allowed; but we find by woful
experience, that there are many men who have been admitted to serve
upon grand and petty juries, who have convinced the world that they have
no regard for the oaths they take, especially among a sort of people, who
under a pretence of conscience, refuse to take an oath; and yet many of
them under the cloak of a very solemn affirmation, dare to commit the
greatest enormities, especially if it be to serve a friend, as they call
him; and these are the designing men, and the vindictive tempers, of which
all the queen's good subjects ought to beware, and be protected from; and
these are the crying sins which will undoubtedly draw down the vengeance
of just heaven upon this province and people, if not timely and seriously
repented of.

"If I could persuade myself to wonder at any of the denormities contained
in this remonstrance (and which I would do if it came from any other men)
it should be at this; because no reasonable man can persuade himself to
believe, that a number of men chosen by their country to represent them,
would presume to complain of a thing as a grievance, when the thing
complained of is in fact not true; for the office of probate of wills is
wherever the governor is; consequently not at Burlington only: Ever since
the queen has done me the honour to entrust me with the government of this
province, I have never failed of being in the province twice every year,
once at Burlington, and once at Amboy; except the last year, that I had
the unspeakable misfortune of losing a wife, whom I loved as my own soul,
after a very long tedious sickness, during which I am persuaded no
reasonable man could expect I should leave her for any time; and yet
notwithstanding that, I was twice at Amboy last year, where any body that
had a will to prove, might have had it done if they had pleased; besides
my being twice every year in the province, considering the remoteness of
Cape-May county and the county of Salem, I did appoint a surrogate at
Burlington, before whom any of the inhabitants of either division might
have had their wills proved; I did not think it necessary to appoint one
in the Eastern division because the inhabitants of that division who are
most remote from New-York, are within a very easy day's journey of my
surrogate at Burlington, and much the major part of the people of that
division, are within a small day's journey of New-York, where their
private affairs daily calls many of them, and where any of them may have
their wills proved without any injury to, or encroachments upon their
properties, rights or privileges: This is so certain a truth, that I am
persuaded all judicious and impartial men will look upon this complaint to
be malicious, scandalous, and frivolous, contrived only to amuse poor
ignorant people with notions of grievances; when in truth there is no
manner or cause of complaint: Besides what you desire, is a direct
invasion of the queen's prerogative; for it belongs to her majesty alone to
appoint who shall take probate of wills, and grant letters of
administration; and that power the queen has been pleased to vest in the
governor; and I am sure I will never so far betray the trust her majesty
has honoured me with, as to sacrifice her prerogative royal, to the
humours of any person or persons whatsoever: But of all the people in
the world, the quakers ought to be the last to complain of the hardships
of travelling a few miles upon such an occasion, who never repine at the
trouble and charges of travelling several hundred miles to a yearly
meeting, where it is evidently known, that nothing was ever done for the
good of the country, but on the contrary continual contrivances are
earned on for the undermining of the government both in church and
state.

"You have had as little regard to the truth of matter of fact in this
complaint, as in some of the rest; for it is certain, that the secretary's
office is kept at Amboy, as well as at Burlington, as far as the nature of
the thing requires, and it can admit of; for the records of the eastern
division, or at least so many of them as the agent for the proprietors of
that division could hitherto recover from one Thomas Gordon, into whose
hands they were put in the time of the proprietors government, and who has
embezzled several of them, for which he must he answerable: There is a
supreme court held once every year at Amboy, there is no more at
Burlington; so that one division does not enjoy more privileges and
advantages than the other; and you have no more reason to desire a
secretary's office to be settled at Amboy, than the people of the county
of Cumberland would have to desire a secretary of state's office to be
settled in their county, because it is a great way for them to travel to
London when they have any business in the secretary's office; the thing
is inconsistent in itself; to have two secretaries offices in the same
province, and consequently unreasonable, and I am pretty well satisfied
without precedent; besides I don't know any body that can claim the right
or power of appointing a secretary in this province but the queen, and she
has been pleased to appoint one under the great seal of England, and her
majesty is pleased to think one sufficient, as undoubtedly it is; but if
you had thought that another had been necessary, it would have been much
more modest to have acquainted me with it, that I might have humbly
represented it to her majesty, rather than to have remonstrated that as a
grievance, which is done in pursuance of the queen's commands: But this is
of the same nature with the rest of your complaints, contrived on purpose
to amuse the poor ignorant people with a notion of grievances, when in
truth there is not the least colour or cause of complaint. I could wish,
since you had a mind to colour this complaint with the authority of an act
of parliament of England, that you had advised with some lawyer, to know
whether this could be any ways brought under that statute, or can by any
construction in the world be called a monopoly; but where a man engrosses
a commodity into his own hands, and imposes what unreasonable price he
pleases upon that commodity, or where a man is suffered to enjoy any trade
or occupation exclusive of others, to the prejudice of the publick, or
particularly the hindering or burthening of trade; the thing now
complained of is so far from being of that nature, that it is directly
contrary; for by the patent now complained of; the subjects of this
province have the conveniency of sending such quantities of goods to and
from Burlington and Amboy, as their private occasions, or the nature of
their trade requires, at reasonable and certain rates, and at certain
times, which they never could do before; for before the settling of this
waggon, if any persons had occasion to send any goods to or from either of
those places, they were forced to hire a waggon, tho' perhaps they had not
the tenth part of a load, and were forced to pay such rates as the owners
of the waggon thought fit to impose upon them; whereas at present every
body is sure once a fortnight to have an opportunity of sending any
quantity of goods, great or small, at reasonable rates, without being in
danger of being imposed upon at the will of the owner of the waggon; and
the settling of this waggon is so far from being a grievance or a
monopoly, that by this means and no other, a trade has been carried on
between Philadelphia, Burlington, Amboy and New-York, which was never
known before; and in all probability would never have been, had it not
been for this certain convenient way of sending such, quantity of goods as
people pleased from place to place; and in all the parts of Europe, the
having publick carriages for goods has always been esteemed of absolute
necessity, and the want of them has been looked upon as a hardship: But it
seems those things which in the wisest and best governments in Europe,
have not only been thought convenient but esteemed of absolute necessity,
are found out by some of our wiser people here, to be grievances and
monopolies: This being undoubtedly true, it's plain the patent complained
of cannot come within the stat. of the 21 Ja. 1. chap. 3. This I believe
will be sufficient to convince all reasonable men, how frivolous and
unreasonable this complaint is. I shall observe, that when I was first
applied to for a patent for the allowing this waggon, which was by one
Dellaman, who in colonel Hamilton's time was permitted to drive a waggon
for carrying goods, tho' under no regulation, either with respect to times
of going, or prices for carrying goods, and then was no monopoly; before I
would grant it, I did acquaint the council with it, and desired them to
let me know, if they apprehended any inconveniency in granting such a
patent; those gentlemen were all of opinion, there could be no
inconveniency in it, but rather a great conveniency; and indeed experience
has proved that opinion to be true; nay, Mr. Lewis Morris himself; the
chief promoter of these unreasonable and frivolous complaints at this
time, who had the honour to be one of her majesty's council, expressed
himself very fully to that purpose: Indeed had that gentleman ever been
consistent with himself in any two actions of his life, I should wonder
how he could so soon alter his opinion in a case of that nature; but his
behaviour at all times having fully convinced the world that he never was
so, makes me cease wondering: This clause of your remonstrance is indeed
of a more extravagant nature than the former, for you presume to call that
a great grievance, and affirm it to be directly contrary to magna charta,
and contrary to the queen's express directions in the governor's
instructions; which is most certainly eactly pursuant to, and in obedience
of the express words contained in the queen's instructions to the
governor; so that you make the governor's faithful obedience to the
instructions the queen has honoured him with, to be a great grievance;
which is no less than accusing her most sacred majesty, the best of
queens, of commanding her governor to do things which in themselves are
great grievances; how grateful a return this is to her majesty, for the
repeated favours she has been pleased to shew to this province and people,
let the world judge!

"That clause of my instructions which you recite in this article, has no
manner of relation to fees; indeed there is another clause in my
instructions, which directs how, and by whom, all fees shall be settled,
and the queen's commands have been observed; the words of the clause
are those, '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 tables of
fees to us, and to our commissioners for trade and plantations as
aforesaid;' and I challenge every one of you, and all mankind, to shew,
how, when, and where, any man's life, member, freehold, or goods, have
been taken away, or harmed in this province, since it came under her
majesty's government, otherwise than by established and known laws, not
repugnant to, but as much as may be, agreeable to the laws of England:

When I first read this clause, I could not imagine what it was put in for,
unless it were on purpose to arraign the queen's express commands to me.
First, Mr. Sonmans is not the pretended agent, but the lawfully
constituted agent for the proprietors of the eastern division of this
province, and has qualified himself according to the queen's instructions
to me, and he does reside the greatest part of his time in the province;
the records are not carried out of the Eastern division, unless it be those
which Thomas Gordon has imbezzled; but those that came to the hands of Mr.
Sonmans are kept at Amboy, where any body may have recourse to them that
will desire it, at any reasonable hour; and the country is not under any
disappointment upon that account; besides the records of the Eastern
division were put into the hands of the proprietors agent, by an order
from England, upon a complaint made in England, that the records were not
in the hands of the proprietors agents.

" 'These, governor, are some of the grievances.'

"This is certainly one of the boldest assertions that ever was made,
especially when there appears no manner of proof to make it out: When I
read these two clauses; for there are two before you come to enumerate
these grievances of an higher nature, and attended with worse
consequences, I expected to have found myself, or some other persons
intrusted with me in the administration of the government over her
majesty's subjects in this province, not only accused, but made plainly
appear, by undeniable manifest proofs, beyond the possibility of a
contradiction, to be guilty of the most enormous crimes: Who can imagine
when such a body of men, as the representatives of a province, venture to
say, that they did expect when the government of the Jersies was
surrendered, to feel the influences of the queen's mild government under
her more immediate administration, and to be protected in the full
enjoyment of their liberties and properties; the last of which they thought
themselves a little more secure in, than some of the neighbouring
plantations, and had an entire dependance that her majesty's royal bounty
and goodness would never be wanting to make them easy and happy, even
beyond their wishes; it is their misfortune, that they must say, the
success has not answered the expectation; and the queen's subjects here
have felt the reverse of what they had most reason to hope that the
greatest and best of princes is without all peradventure ignorant of their
pressures, or they had long since had relief; she is too good to continue
even the deserved sufferings of the miserable, and has more of heaven in
her, than not to hear the cries of those that groan under oppression and
the unkind effects of mistaken power, to whom they owe their misery;
who would not, I say, after such assertions, expect to see the governor
proved guilty either of treason, or betraying the trust reposed in him by
the queen, by depriving the subjects of their lives, their estates or
properties, or at least denying them justice, and perverting the laws, to
the oppression, instead of administ'ring them for the protection and
preservation of the people committed to his charge? These or the like
crimes manifestly proved, are the only things that can justify men in the
accusing a governor of corrupt practice, and of shaking the liberties and
properties of the people; but if none of these things can be proved, but on
the contrary, it does appear plainly, that no one act of severity, much
less of injustice or oppression, has been done since the government of this
province came under the queen, but that there has been an impartial, just
and equal administration of justice observed thro' out the whole course of
my government, and that many acts of mercy have been extended to persons
who deserved to be severely punished; then what sort of creatures must
these bold accusers appear to be, in the eyes of all impartial and
judicious men! That these are truths beyond all contradiction, and which
all the people of this province know, I do challenge you, and every one of
you, to prove the contrary: And tho' I know very well, that there are
several unquiet spirits in the province, who will never be content to live
quiet under any government but their own, and not long under that neither,
as appears by their methods of proceeding when the government was in the
hands of the proprietors; when many of these very men who are now the
remonstrancers, were in authority, and used the most arbitrary and illegal
methods of procceding over their fellow subjects that were ever heard of;
yet I am satisfied, there are very few men in the province, except Samuel
Jenings and Lewis Morris, men known neither to have good principles, nor
good morals, who have ventured to accuse a governor of such crimes,
without any proof to make out their accusation; but they are capable of
any thing but good.

"But that the unreasonableness of these complaints may appear the plainer,
let us consider what these enormities of mine are, that have turn'd the
benign influences of the queen's mild government into oppression, and the
unkind effect of mistaken power: First, by the instructions her most
sacred majesty the queen has honoured me with, I am to allow all such
agents as the general proprietors shall appoint, such agents qualifying
themselves by taking such oaths as the queen is pleased to direct, and no
others; no persons under the name of a council of proprietors have ever
tendered themselves to take those oaths, consequently they are not capable
of acting as agents; Besides, I say, those people who call themselves a
council of proprietors, are a parcel of people, pretending to act by a
power derived from certain persons, who have no power to grant; the
governor has therefore done in this case; nothing but his duty, in
hindering, as far as in him lay, that pretended council of proprietors
from acting illegally, which they have long done to the prejudice of her
majesty's subjects: This is a truth I cannot doubt of; because besides the
other reasons I have to satisfy me in that point, you have voted my
putting the records of the eastern division into the hands of Peter
Sonmans, to be a grievance; tho' Mr. Sonmans has qualified himself long
ago; so that the council of proprietors not having qualified themselves at
all, is a much greater grievance. By the queen's instructions to me, she
is pleased to direct, that no person shall be capable of being elected a
representative by the freeholders of either division, or afterwards
sitting in general assembly, 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; two gentlemen of the council informed me, that three
persons, whose names they then mentioned, were not qualified; upon which I
refused to take their attestations (for they were all Quakers) and in so
doing, I did my duty: I recommended it to the assembly at that time to
proceed in the first place, to enquire into that matter; but they did not
think fit to do it, 'till they had sat about three weeks, and then they
sent me a message, to desire those three members might be sworn, for they
were satisfied they were qualified; I sent them word, that if they would
communicate to me the proofs which had satisfied them, I should be ready
to admit them; but that they would not do: In some few days the assembly
was adjourned to meet at Burlington, where they met at the time appointed,
and sent me the same message as they had done before; I sent them the same
answer; upon which they ordered the three members to produce to me the
proofs of their qualifications; which having done, I admitted them
immediately, which I could not do before, without breaking the queen's
instructions; so that it was entirely through their own stubborness that
they were not admitted sooner, and no intent or desire of mine to keep
them out: If I had had a mind to keep any members out of the house, I
could have made objections which they could never have answered; but such
practices are below me; and it is not true, that I have made any violation
of the liberties of the people, nor have assumed to myself a negative
voice to the freeholders election of representatives, as this house of
representatives has lately most notoriously done: But of that more anon.

"Indeed the treatment I have met with from this house of representatives,
is far different from what I and all reasonable men expected from most of
them, thinking them endowed with reason and common justice to mankind; but
it is not different from what I expected from Samuel Jenings and Lewis
Morris, two men notoriously known always to have been disturbers of the
quiet and peace of this province, men always possessed with passionate
heats, and the transports of most vindictive tempers, but never capable of
such serious resentments as would become a house of representatives, if
there were any occasion given them to shew any; how they have been able to
prevail with the major part of the house to join with them, in destroying
as far as in them lay, the reputation of a gentleman who has the honour to
serve the queen as governor of this province, and is so far from deserving
such treatment from them, that he has always done to the utmost of his
power, for the good, welfare and prosperity of this province and people,
and would have done much more if the assembly would have put it into his
power, by preparing such bills as the governor at the beginning of every
sessions has recommended to them, and the condition of the country
required; but that they must answer for to God and their own consciences,
and perhaps one day to me.

"Whether many considerable sums of money have been raised or not, I know
not; and if they were raised,for what intent and purpose they were raised
I know not; but this I know, that if any money was raised, it was not
given to me, nor was ever any money offered to me to procure the
dissolution of the first assembly, or to get clear of the proprietors quit
rents, or to obtain such officers as the contributors should approve of;
as is falsly alledged: The reasons why I dissolved the first assemby were
evident to all mankind; for it was plain that house never intended to do
any thing for the support of the queen's government, nor for the good of
the country; and indeed better could not be expected from an assembly so
corruptly chosen as that was; for some of the now remonstrancers, and some
other people, prevailed with Thomas Gordon, then sheriff of the county of
Middlesex, to refuse a poll when demanded; and when the people, injured by
that practice, complained to the house of representatives, they had a day
assigned them to be heard, but were limited to bring but twenty witnesses;
the people attended at the day appointed, with the number of witnesses
they were allowed to bring, but were then by the house refused to be
heard, not only by themselves but by their council, and their witnesses
refused to be examined; tho' at the same time they heard Thomas Gordon,
who was complained against, and did examine some witnesses on his behalf;
upon which the petition of the complainants was dismist, thereby supporting
the illegal proceedings of the sheriff; this was a violalation of the
rights of the people with a vengance, and a sufficient reason, (if I had
no other) for the dissolving that assembly, that the people might once
more have a free choice of their representatives: As for getting clear of
the proprietors quit rents, it is such an absurdity to mention, that no
body would be guilty of it but Samuel Jenings and Lewis Morris; for it is
evident, that at the beginning of every sessions I have recommended it to
the assembly, to prepare a Bill or Bills, for settling the rights of the
proprietors; which I suppose will be a full answer to that part; and as I
know of no such men as contributors, so can I have no such application
made to me: I have not knowingly put any mean or mercenary men into
office; indeed at my first coming into the government of this province, I
desired the gentlemen of the council, to recommend persons to me fit to be
put into offices, military and civil; several of them gave me lists, and
amongst the rest Mr. Lewis Morris gave me one, which I have still by me,
in which indeed, by experience, I find there are some mean, scandalous
men; but I cannot accuse any body else of doing the like. Thus much I
thought myself obliged to say, in answer to your remonstrance, to satisfy
the world of the falshood of your allegations and the unreasonableness of
your complains. I have said the less in answer to the scandalous
reflections you have cast upon me, because I do not doubt, but upon my
most humble application to her most sacred majesty the queen, she will
be graciously pleased to allow me to take such measures as may be most
proper to procure me ample satisfaction, for the great and extravagant
injuries you have done me: As for the advice you conclude with, I shall
only say, that I can never answer the taking advice from men who do not
know how to govern themselves, and who have always opposed the service of
the queen, and the interest and good of the country, which are inseparable.

"Now, gentlemen, I shall take notice to you of some of your late
unaccountable proceedings in this assembly, which I can't pass by
without a breach of the trust reposed in me by her majesty; and first, I
shall observe, that at the opening of the sessions, I recommended to you
the settling a revenue, and the preparing several bills which I thought
might be useful for the country; and I told you, that if you found any
thing else necessary to be provided for by a law, you should always find
me ready to agree to any thing that might be reasonable; but instead of
proceeding upon those things so necessary, that they ought to have
employed your first thoughts, you have squandered away your time in
hawking after imaginary grievances, for the space of one whole month,
without making one step towards the service of the queen, or the country;
you have presumed to take the queen's subjects into the custody of the
serjeant at arms, who are not members of your house; which you can't
lawfully do; and is a notorious violation of the liberties of the people;
you have taken upon you, to administer an oath to one of your members,
and have expelled him the house for refusing to take an oath, which you
could not legally administer to him: This is most certainly robbing that
member of his property, and a most notorious assuming to yourselves a
negative voice to the freeholders election of their representatives; for
which there can be no precedent found: You have arbitrarily taken upon
you, to command the high sheriff of this county, to discharge a prisoner
who was in his custody, at the suit of one of the queen's subjects; and he
has been weak enough to do it, for which he lies liable to be sued for an
escape, whenever the gentleman thinks fit to do it; and from which you
cant protect him. This is a notorious violation of the rights of the
subjects, and a manifest interruption of justice: You have taken upon
you, to appoint one of your members to act as clerk of the committee of
the whole house, which you have no power to do; and the party
officiating is liable to be prosecuted for acting without lawful authority,
and without being qualified to act. These, gentlemen, are some of the
irregularities you have been guilty of this sessions; some of them are
encroachments upon the queen's prerogative, the rest are all notorious
infractions upon the liberties and properties of the people.

"I was going to conclude, with giving you some wholesome advice; but I
consider that will be but labour lost, and therefore shall reserve it for
persons who I hope will make a right use of it."