USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 35
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40
And We do hereby require and Com'and you to doe and Execute all things in due manner that Shall belong unto Your said Command and the Trust we have reposed in you according to the Severall Powers and Directions, granted or appointed you by this present Commission, and the Instructions and Authorities herewith given you, or by such further powers, In- structions or Authorities as shall at any time hereafter be granted or appointed you under Our Signet and Signe Manual or by Our Order in Our Privy Council and according to such reasonable Laws and Statutes, as shall be made and agreed upon by you, with the Advice and Consent of the Counsil and Assembly of Our said Province under Your Government, in such manner and forme as is hereafter expressed.
AND OUR WILL AND PLEASURE IS, That you the said Lord Cornbury having (after the publication of these Our Letters Patents) first taken the Oaths ap-
491
1702]
COMMISSION OF GOVERNOR CORNBURY.
pointed by Act of Parliament to be taken in Stead of the Oaths of Allegiance and Supremacy and the Oath mentioned in an Act, Entituled An Act to declare the Alteration in the Oath appointed to be taken by the Act Entituled an Act for the further Security of his Majesty's Person, and the Succession of the Crown in the Protestant Line, and for Extinguishing the hopes of the pretended Prince of Wales, and all other Pre- tenders aud their open and Secret abettors, and for declaring the Association to be determined as also the Test mentioned in an Act of Parliament made in the 25th year of the Reign of King Charles the Second En- tituled, An Act for preventing Dangers which may hap- pen from Popish Recusants, together with an Oath for the due Execution of the Office, and Trust of our Cap- tain General and Governour in Chief in and over our said Province of Nova Cæsaria or New Jersey, as well with regard to the equal and impartial Administration of Justice in all Causes that shall come before you as otherwise, and likewise the Oath required to be taken by Governours of Plantations to doe their utmost that the Laws relating to the Plantations be observed (All which Our Council in Our said Province or any Three of the Members thereof have hereby full Power and Au- thority and are required to give and administer unto You, and in your absence to our Lieutenant Governour if there be any upon the place) You shall administer unto each of the Members of Our said Council, as also to our Lieutenant Governour if there be any upon the place as well as the Oaths appointed by Act of Parliament or be taken in stead of the Oaths of Allegiance and Su- premacy and the Oath mentioned in the said Act En- tituled An Act to declare the alteration in the Oath appointed to be taken by the Act Eutituled an Act for the further Security of his Majesty's Person and the Succession of the Crown in the Protestant Line, and for Extinguishing the hopes of the pretended prince of
1
·
49%
NEW JERSEY COLONIAL DOCUMENTS.
[1702
Wales and all other Pretenders and their Open and Secret Abettors and for declaring the Association to be determined as the fore mentioned Test, and the Oath for the due Execution of the Places and Trusts.
And We do hereby give and grant unto you full Power and Authority to suspend any of the Members of Our said Council from Sitting Voting and Assisting therein, if you shall find just Cause for so doing.
And if it shall at any time happen that by the Death, Departure out of said Province or Suspension of any of our said Counsellors or otherwise, there shall be a Vacancy in Our said Councill (any Three whereof We do hereby appoint to be a Quorum) OUR WILL AND PLEASURE IS; That you signify the same unto us by the first Opportunity that We may under Our Signet and Sign Manual constitute and appoint others in their Stead.
But that Our Affairs may not suffer at that Distance for want of a due Number of Counsellors, if ever it shall happen that there be less than Seven of them re- siding in Our said Province: We do hereby give and grant unto you the said Lord Cornbury full Power and Authority to choose as many persons out of the Prin- cipal Freeholders Inhabitants thereof, as will make up the full number of Our said Council to be Seven and no more, which persons so chosen and appointed by you, shall be to all Intents and purposes Counsellors in Our said Province untill either they shall be confirmed by Us, or that by the nomination of Others by Us under Our Sign Manual and Signet Our said Council shall have Seven or more persons in it.
And We do hereby give and grant unto You full Power and Authority, with the Advice and Consent of Our said Councill from time to time as need shall re- quire, to Summon and call General Assemblies of the Freeholders and Planters within Your Government in manner and forme as shall be directed in Our Instruc-
493
COMMISSION OF GOVERNOR CORNBURY.
170%]
tions which will be given You together with this Our Commission.
OUR WILL AND PLEASURE IS, That the Persons thereupon duly Elected by Major part of the Freehold- ers of the respective Counties and places, and so re- turned, and having before their Sitting taken the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, and the Oath mentioned in the foresaid Act Entituled An Act to de- clare the Alteration in the Oath appointed by the Act, Entituled an Act for the further Security of his Maj- esty's Person and the Succession of the Protestant Line and for Extinguishing the hopes of the pretended. Prince of Wales and all other Pretenders and their open and Secret Abettors, and for declaring the Association to be determined, as also the forementioned Test, (which Oaths you shall Commissionate fit persons under Our Seal of Nova Cæsaria or New Jersey, to Admin- ister unto them, and without the taking of which Oaths and Subscribing the said Test, none shall be Capable of Sitting though Elected) shall be called and held the Generall Assembly of that Our Province.
And that you the said Lord Cornbury by and with the Advice and Consent of Our Council and Assembly or the Major part of them respectively, shall have full Power and Authority, to make, Constitute, and Or- dain Laws, Statutes and Ordnances, for the publick Peace, Welfare and good Government of Our said Province and of the People and Inhabitants thereof, and such others as shall resort thereto, and for the Benefit of Us Our Heirs and Successors.
Which said Laws Statutes and Ordinances are not to be repugnant, but as near as may be agreeable unto the Laws and Statutes of this Our Kingdom of Eng- land PROVIDED, that all such Laws, Statutes and Ordi- nances of what Nature or Duration soever, be within three Months or sooner after the making thereof trans-
494
NEW JERSEY COLONIAL DOCUMENTS. [1702
mitted unto Us, under Our Seal of Nova Cæsaria or New Jersey for Our Approbation or disallowance of them; As also Duplicates thereof by the next Convey- ance.
And in case any or all of them (being not before con- firmed by Us) shall at any time be dissallowed and not approved, and So Signifyed by Us, Our Heirs or Suc- cessors, under Our or their Sign Manual and Signet, or by Order of Our or their Privy Councill, unto you the said Lord Cornbury or the Commander in Chief of Our said Province for the time being, then such and so many of them as shall be so disallowed & not approved shall from thence forth cease, determine and become utterly void and of none effect, anything to the con- trary thereof notwithstanding.
And to the end that nothing may be passed or done by Our said Council or Assembly to the prejudice of Us, Our Heirs and Successors; We Will and Ordain that you the said Lord Cornbury shall have and enjoy a Negative Voice in the making and passing of all Laws Statutes and Ordinances as aforesaid And that you shall and may likewise from time time as you shall judge it necessary Adjourn, prorogue and disolve all General Assemblies.
OUR WILL AND PLEASURE IS, That you shall and may use and keep the Publick Seale of Our Province of Nova Cæsaria or New Jersey, for Sealing all things whatsoever that pass the Great Seal of Our said Prov- ince under your Government.
And we do further give and grant unto you the said Lord Cornbury full power and Authority, from time to time, and at all times hereafter, by yourself, or by any other to be Authorized by you in that behalf to administer and give the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Alle- giance and Supremacy to all and every such person & persons as you shall think fit, who shall at any time
1702]
COMMISSION OF GOVERNOR CORNBURY. 495
or times pass into Our said Province, or shall be resi- dent or abiding there.
And We do further give and grant unto you full Power and Authority with the Advice and Consent of Our said Councill, to Erect Constitute and Establish such and so many Courts of Judicature and public Jus- tice, within Our said Province under your Govern- ment, as you and they shall think fitt and necessary for the hearing and determining of all Causes as well Crim- inal as Civil, according to Law& Equity, and for award- ing of Execution thereupon, with all reasonable and ne- cessary Powers, Authorities, Fees and Priviledges belonging unto them, As also to appoint and Commis- sionate fitt persons in the Severall Parts of your Gov- ernment, to administer the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Alle- giance and Supremacy and the Oath mentioned in the aforesaid Act Entituled An Act to delare the Altera- tion in the Oath appointed to be taken by the Act En- tituled an Act for the Security of his Majesty's Person and the Succession of the Crown in the Protestant Line, and for extinguishing the hopes of the pretended Prince of Wales, and all other Pretenders and their open and Secret abettors, and for declaring the Asso- ciation to be determined, as also the Text unto such persons as shall be obliged to take the same.
And We do hereby Authorize and impower you to constitute and appoint Judges (and in Cases requisite) Commissioners of Oyer and Terminer Justices of the Peace, and other necessary Officers and Ministers in Our said Province, for the better Administration of Justice and putting the Laws in Execution and to administer or cause to be administred unto them Such Oath or Oaths as are usually given for the due Execu- tion and performance of Offices and Places, and for the clearing of Truth and Judicial Causes.
And We doe hereby give and grant unto you full
496
NEW JERSEY COLONIAL DOCUMENTS. [1702
Power and Authority, where you shall see cause or Judge an Offender or Offenders in Criminal Matters, or for any Fines or Forfeitures due unto us, fitt Ob- jects of our Mercy, to pardon all such Offenders and to remitt all such offences, Fines, and Forfeitueres Treason and Willfull Murder only excepted; In which cases you shall likewise have power upon extraordinary Occasions to grant Reprieves to the Offenders untill and to the Intent our Royal Pleasure may be known therein.
And We do by these Presents, Authorize and impower you to collate any person or persons to any Churches, Chappells, or other Ecclesiasticall Benefices within Our said Province as often as any of them shall happen to be voyd.
And We do hereby give and grant unto you the said Lord Cornbury by yourself and by your Captains and Commanders by you to be Authorized full Power and Authority to Levy, Arm, Muster, command and imploy all persons whatsoever residing within Our said Province of Nova Cæsaria or New Jersey, And as occasion shall serve then to transfer from one place to another, for the resisting and withstanding of all Enemys, Pirates and Rebells both at Sea and Land, And to transport such Forces to any of Our Planta- tions in America, if necessity shall require, for the de- fence of the same, against the Invasion or attempts of any of Our Enemys; And such Enemys Pirates and Rebells, if there shall be occasion to pursue and prose- cute, in or out of the Limitts of Our said Province and Plantations or any of them; And if it shall please God them to vanquish; apprehend and take and being taken, either according to Law to put to Death, or keep and preserve alive at your Discretion; And to execute Martiall Law in time of Invasion, Insurrec- tion, or War; And to do and Execute all and every other thing and things which to Our Captain Generall and Governour in Chief doth or ought of Right to belong.
497
COMMISSION OF GOVERNOR CORNBURY.
1702]
And We do hereby give and grant unto you full Power and Authority, by and with the Advice and Consent of Our said Councill to Erect raise and build in our said Province of Nova Cæsaria or New Jersey, such and so many Forts, Platforms, Castles, Citys Burroughs, Towns and Fortifications, as you by the Advice aforesaid shall judge necessary; And the same or any of them to Fortifie and furnish with Ordnance Ammunition and all Sorts of Arms fit and necessary for the Security and defence of Our said Province; and by the Advice aforesaid the same or any of them again to demolish or dismantle as may be most con- venient.
And for as much as divers Mutinys & Disorders may happen by Persons Shipped and imployed at Sea during the time of Warr, and to the End that such as shall be Shipped and imployed at Sea during the time of Warr, may be the better Governed and Ordered, We do here- by give and grant unto you the said Lord Cornbury full Power and Authority to constitute and appoint Captains, Lieutenants, Masters of Ships and other Commanders and Officers, and to grant unto such Cap- tains, Lieutenants, Masters of Ships and other Com- manders and Officers, Commissions to execute the Law Martial during the time of War, And to use such Proceedings, Authorities, Punishments, Corrections and Executions upon any Offender or Offenders who shall be mutinous Seditious, disorderly, or any way unruly either at Sea, or during the time of their Abode or residence in any of the Ports, Harbours, or Bays of Our said Province, as the Cause shall be found to re- quire, according to Martial Law during the time of War as aforesaid
PROVIDED that nothing herein contained shall be con- strued to the Enabling You, or any by your Authority, to hold plea or have any Jurisdiction of any Offence, Cause matter or thing committed or done upon the
33
498
NEW JERSEY COLONIAL DOCUMENTS. [170%
High Sea, or within any of the Havens, Rivers or Creeks of Our said Province under your Government by any Captain, Commander, Lieutenant, Master, Officer, Seaman, Soldier or other person whatsoever, who shall be in Actual Service and pay in or on Board any of Our Ships of War or other Vessels acting by imme- diate Com'ission or Warrant from Our High Admiral of England under the Seale of Our Admiralty, or from Our Commissioners for executing the Office of Our High Admiral of England for the time being; But that such Captain, Commander, Lieutenant Master Officer, Seaman Soldier and other person so offending, shall be left to be proceeded against and Tryed as the Merits of their Offences shall require, either by Commission under Our great Seal of England. as the Statute of the XXVIIIth of King Henry the 8th directs, or by Com- mission from Our High-Admiral of England, or from Our Commissioners for executing the Office of Our High Admiral of England for the time being, accord- ing to the Act of Parliament passed in the 13th year of the Reign of King Charles the 2ª (Entituled An Act for the Establishing Articles and Orders for the regu- lating and better Government of his Majesty's Navys, Ships of War and forces by Sea) and not otherwise.
PROVIDED Nevertheless, that all Disorders and Mis- demeanours committed on Shore by any Captain, Commander, Lieutenant, Master Officer, Seaman, Soldier, or other person whatsoever, belonging to any of Our Ships.of War or other Vessells acting by imme- diate Commission or Warrant from Our High Admiral of England under the Seal of Our Admiralty or from our Commissioners for Executing the Office of High Admiral of England for the time being, may be tryed and punished according to the Laws of the Place where any such Disorders, Offences and Misdemean- ours shall be committed on Shore, Notwithstanding such Offender be in Our Actual Service and born in
499
COMMISSION OF GOVERNOR CORNBURY.
1702]
Our Pay on board any such Our Ships of War or other Vessells acting by immediate Commission or Warrant from Our High Admiral, or from Commission's for Executing the Office of High Admiral for the time being as aforesaid; So as he shall not receive any Pro- tection for the avoiding of Justice for such Offences committed on Shore, from any pretence of his being imployed in Our Service at Sea.
OUR WILL AND PLEASURE IS, That all Publick Mony raised or which shall be raised by any Act hereafter to be made within Our said Province, be issued out by Warrant from you by and with the Advice and Con sent of Our Councill and disposed of by You for the Support of the Government and not otherwise.
We do hereby give you the said Lord Cornbury full Power and Authority to Order and appoint Fairs, Marts and Markets, as also such and so many Ports, Harbours, Bays, Havens and other places for the Convenience and Security of Shipping And for the better Loading and unloading of Goods and Merchandizes, as by you with the Advice and Consent of Our said Council shall be thought fit and necessary.
And We do hereby require and command all Officers and Ministers Civil and Military, and all other Inhabit- ants of Our said Province to be Obedient aiding and Assisting unto you the said Lord Cornbury, in the Ex- ecution of this Our Commission and of the Power and Authoritys herein contained; And in Case of your Death or Absence out of Our said Province to be obe- dient, aiding & assisting unto such person as shall be appointed by us to be Our Lieutenant Governour or Commander in Chief of Our said Province to whom We do therefore by these Presents; give and grant all and Singular the Powers and Authoritys aforesaid to be by him executed and enjoyed during Our Pleasure, or untill your arrival within Our said Province; And if upon, your Death or Absence out of Our said Prov-
500
NEW JERSEY COLONIAL DOCUMENTS. [1702
ince there be no person upon the Place commissionated or appointed by Us to be Our Lieutenant Governour or Commander in Chief of the said Province. OUR WILL AND PLEASURE IS, That the then present Council of Our said Province do take upon them the Administra- tion of the Government and Exercise this Commission and the severall Powers and Authorities herein con- tained, And that such Counsellor who shall be at the time of your death or Absence residing within Our said Province and nominated by Our Instructions to you before any other at that time residing there, do preside in Our said Council with such Powers and Pre- heminiences as may be necessary in those Circum- stances. for the due and orderly carrying on the pub- lick Service, in the Administration of the Government as aforesaid until Our Pleasure be further known, or untill your Returne.
LASTLY We do hereby declare, ordain and appoint that you the said Lord Cornbury shall and may hold Execute and Enjoy the Office and Place of Captain Generall and Governour in Chief in and over Our Province of Nova Cæsaria or New Jersey, together with all and Singular the Powers and Authorities hereby granted unto You, for and during Our Will and Pleas- ure, from and after the Publication of this Our Com- mission.
[In witness whereof we have caused these our letters to be made patents; Witness ourself at Westminster, the fifth day of December, in the first year of our reign.
ANNE]'
1 The concuding paragraph within brackets is from the printed copy of the Com- mission in Smith's History of New Jersey, p. 230, and in Grants and Concessions, p. 647. The Commission being transmitted to the Queen on the 18th December, 1702, was approved on the 24th, but did not reach Lord Cornbury at New York until the 29th July, 1703. He had received notice of his appointment several months pre- vious .- ED.
501
LORD CLARENDON ABOUT THE COUNCIL.
1702]
Letter from Lord Clarendon to the Secretary of State about the Council for New Jersey.
[From P. R. O. America & West Indies Vol. 575.] Letter from Lord Clarendon.
September 1+ 1702 My Lord.
Having been confined ever since I was wth your Ldp, by a severe fitt of the Strangury, will make my excuse for not wayting on your Lo'p at this time. I give your Lo'p many thanks for the list you sent me of the Members of the Councell of New Jersey: Not know- ing anything of that Countrey myselfe, I have advised wth some here of that Province, & particularly wth Coll Basse, who hath given me his remarks upon six of them; Whether it be fitt, upon this new settlement of the Province of East & West Jersey, to putt Quakers into the Councell, when there is choice of other Men, I submitt to your Lo'p. Coll Basse has desired me to move your Lo'p something, in his behalfe, concerning some alteration to be made in his Warrant of Secretary wch I cannot better represent to your Ld'p than by laying before you his l're to me, & then yonr Lo'p will be best able to judge whether what he desires be reason- able or not, I am sure I would not ask any thing that is not thought soe by your Lo'p. I take the liberty of sending this by Coll Basse, because he will be best able to answer such questions as your Ld'p shall have oc- casion to aske. I will wayt on your Lo'p as soon as I can goe abroad, and am wth all imaginable respect
My Lord
Your Lo'ps Most faithful humble Servant
CLARENDON
502
NEW JERSEY COLONIAL DOCUMENTS. [1702
(Enclosed in the foregoing letter)
[Remarks of Jeremiah Basse on some of these names] Edward Hunlock: In the time of my administration proued to be an Encorager & Fauorer of ye Py- rates being their Trustee for their Cash & very much in the Quaker Interest.
Sam1 Jennings. A Biggoted Quaker Preacher, &c. Francis Davenport: A Quaker & Preacher
William Pinhorne. Formerly Of the Councill & Judge of New Yorke butt turned outt by Ld Bella- mont for some Ill practises.
Sam1 Leonard. A man of no Estate Complain'd of by the Country and a zealous stickler for the Quakers. George Deacon: A Quaker Preacher.
In the Roome of these If your Lordship please to add Majo" John Berry Daniell Coxe Jun' John Royce Capt John Jewell Collector of his Majts Customs, Edward Slater Coll Richª Townely or any other in the list: or your Lordship shall think fit.
Lords of Trade to the Earl of Nottingham., relating to the Council of New Jersey. [From New York Col. Docts., Vol. IV, p 965.] To the Rt Honble the Earl of Nottingham. My Lord
We have received your Lordships letter of the 12 of August, signifying that Colonel Jeremiah Bass and Daniel Cox Esqrs having been recommended to her Majesty as persons fit to be members both of the Coun- cil of New York and New Jersey might be inserted in the instructions preparing for the Lord Cornbury in case we had no objections against it, in answer where unto we take leafe to offer to your Lordship, that as to
503
LORDS OF TRADE ON NOMINATIONS.
1702]
New Yorke the divisions of that Province having been very great and we dayly expecting to be informed from my Lord Cornbury how the present state of things are there, and what will be the best method of reconciling the inhabitants we think it most for her Majestys Service that the nomination of councellors be defer'd till we receive such information. To which we add upon this occasion that it has constantly been given as a clause in all instructions to Governours that the members of their respective Councils should be men who have good Estates and we do not hear of any Es- tates that either M' Bass or M' Cox has in that Province.
·
As to the said Persons being of the Councill of New Jersey We have already inserted in the said Lord Corn- bury's instructions for that Province the names of 12 persons which were after much contest between the Pro- prietors of the East and West division agreed to unani- mously by both parties, and which was in some meas- ure a condition upon which they have surrender'd. We think it therefore for her Majestys Service to keep to the nomination of those persons and are apprehensive that any alteration at present may renew their former animosities in that Province. As to the number of 12 We are restrained by an order of Council, and whereas to that number Coll Quary is added in New Jersey it is only to enable him the better to Execute his office of Judge of the Admiralty as her Majestys Service may occasionally call him thither He not being from thence reckoned a standing Counsellor in that Province We are My Lord Your Lordships
Most humble servants DARTMOUTH ROB: CECILL JN.º POLLEXFEN MAT: PRIOR
Whitehall Sept" the 3, 1702.
504
NEW JERSEY COLONIAL DOCUMENTS.
[1702
Lewis Morris to the Lords of Trade, referring to the difficulties in New Jersey.
[From P. R. O. B. T. New Jersey, Vol. 1, A 10.]
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.