USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 37
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37. You shall not permit any other person or persons besides the said general proprietors, or their agents, to purchase any land whatsoever from the Indians within the limits of their grant.
38. You are to permit the surveyors and other per- sons appointed by the forementioned general proprie- tors of the soil of that province, for surveying and recording the surveys of land granted by and held of
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them, to execute accordingly their respective trusts: And you are likewise to permit, and if need be, aid and assist such other agent or agents, as shall be appointed by the said proprietors for that end, to collect and re- ceive the quit-rents which are or shall be due unto them, from the particular possessors of any parcels or tracts of land from time to time. PROVIDED ALWAYS, that such surveyors, agents or other officers appointed by the said general proprietors, do not only take proper oaths for the due execution and performance of their respective offices or employments, and give good and sufficient security for their so doing, but that they like- wise take the oaths appointed by act of parliament to be taken instead of the oaths of allegiance and su- premacy, and the oath mentioned in the aforesaid act, entitled, An act to declare the alteration in the oath appointed to be taken by the act, entitled, An act for the further security of his majesty's person and the succession of the crown in the protestant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and secret abettors, and for declaring the association to be determined; as also the forementioned test. And you are more particularly to take care that all lands pur- chased from the said proprietors, be cultivated and im- proved by the possessors thereof.
39. You shall transmit unto us, and to our commis- sioners for trade and plantations, by the first oppor tunity, a map with the exact description of our whole territory under your government, and of the several plantations that are upon it.
40. You are likewise to send a list of officers em- ployed under your government, together with all pub- lick charges.
41. You shall not displace any of the judges, justices, sheriffs, or other officers or ministers within our said province, without good and sufficient cause to be signi-
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fied unto us, and to our said commissioners for trade and plantations; and to prevent arbitrary removal of judges and justices of the peace, you shall not express any limitation of time in the commissions which you are to grant, with the advice and consent of the coun- cil of our said province, to persons fit for those em- ployments, nor shall you execute yourself, or by deputy any of the said offices, nor suffer any persons to execute more offices than one by deputy.
42. Whereas we are given to understand, that there are several offices within our said province granted under the great seal of England, and that our service may be very much prejudiced by reason of the absence of the patentees, and by their appointing deputies not fit to officiate in their stead; you are therefore to in- spect the said offices, and to inquire into the capacity and behaviour of the persons now exercising them, and to report thereupon to us, and to our commission- ers for trade and plantations, what you think fit to be done or altered in relation thereunto; and you are upon the misbehaviour of any of the said patentees, or their deputies, to suspend them from the execution of their places, till you shall have represented the whole mat- ter and received our directions therein; but you shall not by colour of any power or authority hereby or otherwise granted or mentioned to be granted unto you, take upon you to give, grant or dispose of any office or place within our said province, which now is or shall be granted under the great seal of England, any further than that you may upon the vacancy of any such office or place, or suspension of any such officer by you as aforesaid, put in any fit person to officiate in the interval till you shall have represented the matter unto us, and to our commissioners for trade and plantations as aforesaid, (which you are to by the first opportunity) and till the said office or place be dis- posed of by us, our heirs or successors, under the great
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seal of England, or that our further directions be given therein.
43. In case 'any goods, money, or other estate of pirates, or piratically taken, shall be brought in, or found within our said province of Nova-Cæsaria, or New-Jersey, or taken on board any ships or vessels, you are to cause the same to be seized and secured until you shall have given us an account thereof, and received our pleasure concerning the disposal of the same: But in case such goods or any part of them are perishable, the same shall be publickly sold and dis- posed of, and the produce thereof in like manner se- cured until our further order.
44. And whereas commissions have been granted unto several persons in our respective plantations in America, for the trying of pirates in those parts pur- suant to the act for the more effectual suppression of piracy, and by a commission already sent to our prov- ince of New-York, you (as captain general and gov- ernor in chief of our said province of New-York) are empowered, together with others therein mentioned, to proceed accordingly in reference to our provinces of New-York, New-Jersey, and Connecticut; our will and pleasure is, that in all matters relating to pirates, you govern yourself according to the intent of the act and commission aforementioned; but whereas access- aries in cases of piracy beyond the seas, are by the same act left to be tried in England, according to the stature of the second of king Henry the eighth, we do hereby further direct and require you to send all such access- aries in cases of piracy in our aforesaid province of Nova-Cæsaria or New-Jersey, with the proper evidences that you may have against them, into England, in order to their being tried here.
45. You shall not erect any court or office of judica- ture, not before erected or established, without our es- pecial order.
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46. You are to transmit unto us and to our commis- sioners for trade and plantation, with all convenient speed, a particular account of all establishment of jurisdictions, courts, offices, and officers, powers, au- thorities, fees and priviledges, which shall be granted or settled within the said province, by virtue and in pursuance of our commission and instructions to you our captain general and governor in chief of the same, to the end you may receive our further direction therein.
47. And you are with the advice and consent of our said council, to take especial care to regulate all sala- ries and fees belonging to places, or paid upon emer- gencies, that they be within the bounds of moderation, and that no exaction be made on any occasion whatso- ever; 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.
48. Whereas it is necessary that our rights and dues be preserved and recovered, and that speedy and effec- tual justice be administered in all cases relating to our revenue; you are to take care, that a court of exchequer be called and do meet at all such times as shall be need- ful, and you are to inform us and our commissioners for trade and plantations, whether our service may re- quire that a constant court of exchequer be settled and established there.
49. You are to take care that no man's life, member, freehold, or goods be taken away or harmed in our said province, otherwise than by established and known laws, nor repugnant to, but as much as may be, agreeable to the laws of England.
50. You shall administer, or cause to be administred the oaths appointed by act of parliament to be taken instead of the oaths of allegiance and supremacy, and the oath mentioned in the aforesaid act, entitled, An
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act to declare the alteration in the oath appointed to be taken by the act, entitled, An act for the further security of his majesty's person, and the succession of the crown in the protestant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and secret abettors, and for declaring the association to be determined; as also the forementioned test, to the members and offi- cers of the council and assembly, and to all judges, justices, and all other persons that hold any office or place of trust or profit in the said province, whether by virtue of any patent under our great seal of England, or otherwise, without which you are not to admit any person whatsoever into any publick office, nor suffer those who have been admitted formerly to continue therein.
51. You are to permit a liberty of conscience to all persons (except papists) so they may be contented with a quiet and peaceable enjoyment of the same, not giv- ' ing offence or scandal to the government.
52. And whereas we have been informed, that divers of our good subjects inhabiting those parts, do make a religious scruple of swearing, and by reason of their refusing to take an oath in courts of justice and other places, are or may be liable to many inconveniences; our will and pleasure is, that in order to their ease in what they conceive to be matter of conscience, so far as may be consistent with good order and government, you take care, that an act be passed in the general as- sembly of our said province, to the like effect as that passed here in the seventh and eighth years of his majesty's reign, entitled, An act, that the solemn affirmation and declaration of the people called Quakers, shall be accepted, instead of an oath in the usual form, and that the same be transmitted to us, and to our commissioners for trade and plantations as before directed.
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53. And whereas we have been further informed, that in the first settlement of the government of our said province, it may so happen, that the number of inhabitants fitly qualified to serve in our council in the general assembly, and in other places of trust or profit there, will be but small; it is therefore our will and pleasure, that such of the said people called quakers, as shall be found capable of any of those places or employments, and accordingly be elected or appointed to serve therein, may upon their taking and signing the declaration of allegiance, to us in the form used by the same people here in England, together with a solemn declaration for true discharge of their respective trusts, be admitted by you into any of the said places or employments.
54. You shall send an account unto us, and to our commissioners for trade and plantations, of the pres- ent number of planters and inhabitants, men, women and children, as well masters as servants, free and un- free, and of the slaves in our said province, as also a yearly account of the increase or decrease of them, and how many of them are fit to bear arms in the militia of our said province.
55. You shall cause an account to be kept of all per- sons born, christened and buried, and you shall yearly send fair abstracts thereof to us, and to our commis- sioners for trade and plantations as aforesaid.
56. You shall take care, that all planters and chris- tian servants, be well and fitly provided with arms, and that they be listed under good officers, and when and as often as shall be thought fit, mustered and trained, whereby they may be in a better readiness for the defence of our said province under your govern- ment; and you are to endeavour to get an act pass'd, (if not already done) for apportioning the number of white servants to be kept by every planter.
57. You are to take especial care, that neither the
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frequency, nor unreasonableness of their marches, musters and trainings, be an unnecessary impediment to the affairs of the inhabitants.
58. You shall not, upon any occasion whatsoever, establish, or put in execution, any articles of war, or other law martial, upon any of our subjects, inhabit- ants of our said province, without the advice and con- sent of our council there.
59. And whereas there is no power given you by your commission, to execute martial law in time of peace upon soldiers in pay, and that nevertheless it . may be necessary that some care be taken for the keep- ing of good discipline amongst those, that we may at any time think fit to send into our said province, (which may properly be provided for by the legislative power of the same) you are therefore to recommend to the general assembly of our said province, that they pre- pare such act or law for the punishing of mutiny, desertion and false musters, and for the better preserv- ing of good discipline amongst the said soldiers, as may best answer those ends.
60. And whereas upon complaints that have been made of the irregular proceedings of the captains of some of our ships of war, in the pressing of seamen in several of our plantations; we have thought fit to order, and having given directions to our high admiral accordingly, that when any captain or commander of any of our ships of war, in any of our said plantations shall have occasion for seaman, to serve on board our ships under their command, they do make their appli- cation to the governors, and commanders in chief of plantations respectively, to whom as vice admirals, we are pleased to commit the sole power of impressing seaman in any of our plantations in America, or in sight of any of them, you are therefore hereby re- quired upon such application made to you, by any of the commanders of our said ships of war within our
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province of Nova-Cæsaria, or New-Jersey, to take care that our said ships of war, be furnished with a num- ber of seaman that may be necessary for our service on board them from time to time.
61. And whereas together with other powers of vice admiralty you will receive authority from our dearest husband prince George of Denmark, our high admiral of England, and of our plantations, upon the refusal or neglect of any captain or commander of any of our ships of war, to execute the written orders he shall re- ceive from you for our service of our province under your government, or upon his negligent or undue ex- ecution thereof, to suspend him, such captain or com- mande from the exercise of his said office of captain or commander, and to commit him into safe custody either on board his own ship or elsewhere, at your dis- cretion, in order to his being brought to answer for such refusal or neglect, by commission either under our great seal of England, or from our high admiral, or our commissioners for executing the office of our high admiral of England for the time being.
62. And whereas you will likewise receive directions from our said dearest husband, as our high admiral of England, and of our plantations, that the captain or commander, so by you suspended, shall during such his suspension and commitment, be succeeded in his said office by such commission or warrant officer of our said ship, appointed by our said high admiral of England, or by our commissioners for executing the office of our high admiral of England for the time being, as by the known practice and discipline of our navy, does and ought to succeed him next as in case of death, sickness, or other ordinary disability happening to the commander of any of our ships of war and not otherwise, you standing also accountable for the truth and importance of the crime and misdemeanor, for which you shall so proceed to the suspending of such
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our captain or commander; you are not to exercise the said power of suspending any such captains or com- manders of our ships of war, otherwise than by virtue of such commission or authority from our said high admiral; any former custom or usage to the contrary notwithstanding.
63. Whereas it is absolutely necessary, that we be exactly informed of the state of defence of all of our plantations in America, as well in relation to the stores of war that are in each plantation, as to the forts and fortifications there, and what more may be necessary to be built for the defence and security of the same; you are so soon as possible, to prepare an account thereof, with relation to our said province of Nova- Cæsaria, or New-Jersey, in the most particular man- ner, and you are therein to express the present state of the arms, ammunition, and other stores of war, either in any publick magazines, or in the hands of private persons, together with the state of all places either al- ready fortified, or that you judge necessary to be for- tified, for the security of our said province; and you are to transmit the said account to us, and to our com- missioners for trade and plantations by the first op- portunity, and other like accounts yearly in the same manner.
64. And that we may be the better informed of the trade of our said province, you are to take especial care, that due entries be made in all ports in our said province of all goods and commodities, their species or quantities imported or exported from thence, with the names, burden, and guns of all ships importing and exporting the same, also the names of their com- manders, and likewise expressing from and to what places the said ships do come and go, a copy whereof the naval officer is to furnish you with, and you are to transmit the same unto us. or our high treasurer, or our commissioners of our treasury for the time
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being, and to our commissioners for trade and planta- tions quarterly, and duplicates thereof by the next conveyance.
65. And whereas great losses have been sustained by our subjects, trading to our plantations in America, by ships sailing from those parts without convoy, or with- out the company of other ships, which might protect them from our enemies, by which means many of them have been taken by the French in their return to England; to the end therefore the ships of our subjects may be the better secured in their return home, you are to take care that during this time of war, no ships trading to our province of Nova Cæsaria, or New-Jer- sey, be permitted to come from thence to England, but in fleets, or under the convoy or protection of some of our ships of war, or at such a time as you shall receive notice from hence, of their meeting such convoys, as may be appointed for the bringing them safe to some of our ports in this kingdom; and in case of any danger, you are to expect directions from hence, what precautions shall be further necessary for their security.
66. You are likewise to examine what rates and duties are charged and payable upon any goods im- ported or exported within our province of Nova-Cæsaria, or New-Jersey, whether of the growth or manufacture of the said province or otherwise, and to use your best endeavours for the improvement of the trade in those parts.
67. And whereas orders have been given for the commissionating of fit persons to be officers of our admiralty and customs in our several plantations in America; and it is of great importance to the trade of this kingdom, and to the welfare of all our plantations, that illegal trade be every where discouraged. You are therefor to take especial care, that the acts of trade and navigation be duly put in execution; and in order
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thereunto, you are to give constant protection and all encouragement to the said officers of our admiralty and customs, in the execution of their respective offices and trusts within our territories under your govern- ment.
68. You are from time to time to give an account as before directed, what strength your bordering neigh- bours have, be they Indians or others, by sea and land, and of the condition of their plantations, and what correspondence you do keep with them.
69. You shall take especial care, that God Almighty be devoutly and duly served throughout your govern- ment, the book of common prayer as by law estab- lished, read each sunday, and holy-day, and the blessed sacrament administered according to the rites of the church of England.
70. You shall be careful that the churches already built there, be well and orderly kept, and that more be built, as the colony shall by God's blessing be im- proved; and that besides a competent maintenance to be assigned to the minister of each orthodox church, a convenient house be built at the common charge for each minister, and a competent proportion of land assigned to him, for a glebe and exercise of his in- dustry.
71. And you are to take care, that the parishes be so limited and settled, as you shall find most conve- nient for the accomplishing this good work.
72. You are not to prefer any minister to any eccle- siastical benefice in that our province, without a cer- tificate from the right reverend father in God the lord bishop of London, of his being conformable to the doc- trine and discipline of the church of England, and of a good life and conversation: And if any person already prefer'd to a benefice, shall appear to you to give scan- dal either by his doctrine or manners, you are to use the best means for the removal of him, and to supply the vacancy in such manner as we have directed.
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73. You are to give order, that every orthodox min- ister within your government, be one of the vestry in his respective parish, and that no vestry be held with- out him, except in case of sickness, or that after the notice of a vestry summon'd, he omit to come.
74. You are to enquire whether there be any min. ister within your government, who preaches and ad- ministers the sacrament in any orthodox church or chapel, without being in due orders, and to give ac- count thereof to the said lord bishop of London.
75. And to the end the ecclesiastical jurisdiction of the said lord bishop of London, may take place in our said province so far as conveniently may be, we do think fit that you give all countenance and encourage- ment to the exercise of the same, excepting only the collating to benefices, granting licenses for marriages, and probate of wills, which we have reserved to you our governor and the commander in chief of our said province for the time being.
76. And you are to take especial care, that a table of marriages established by the cannons of the church of England, be hung up in every orthodox church, and duly observed, and you are to endeavour to get a law passed in the assembly of our said province, (if not al ready done) for the strict observation of the said table.
77. You are to take care, that drunkenness and debauchery, swearing and blasphemy, be discounte- nanced and punished: And for the further discounte- nance of vice, and encouragement of virtue and good living, (that by such example the infidels may be in- vited and desire to partake of the christian religion) you are not to admit any person to publick trusts and employments in our said province under your govern- ment, whose ill fame and conversation may occasion scandal.
78. You are to suppress the ingrossing of commodi- 35
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ties as tending to the prejudice of that freedom which commerce and trade ought to have, and to settle such orders and regulations therein, with the advice of the council, as may be most conduce to the benefit and im- provement of that colony.
79. You are to give all due encouragement and invi- tation to merchants and others, who shall bring trade unto our said province, or any way contribute to the advantage thereof, and in particular the royal African company of England.
80. And whereas we are willing to recommend unto the said company, that the said province may have a * constant and sufficient supply of merchantable Negroes, at moderate rates, in money or commodities; so you are to take especial care, that payment be duly made, and within a competent time according to their agree- ments.
81. And you are to take care, that there be no trading from our said province to any place in Africa, within the charter of the royal African company, otherwise then prescribed by an act of parliament, en- titled, An act to settle the trade of Africa.
82. And you are yearly to give unto us, and to our commissioners for trade and plantations, an account of what number of Negroes our said province is yearly supplyed with, and at what rates.
83. You are likewise from time to time, to give unto us, and to our commissioners for trade and plantations as aforesaid, an account of the wants and defects of our said province, what are the chief products thereof, what new improvements are made therein by the in- dustry of the inhabitants or planters, and what further improvements you conceive may be made, or advan- tages gained by trade, and in what manner we may best advance the same.
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