USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 38
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84. You are not to grant commissions of marque or reprisals, against any prince or state, or their subjects
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in amity with us, to any person whatsoever, without our especial command.
85. Our will and pleasure, that appeals be made in cases of error from the courts in our said province of Nova-Cæsaria, or New-Jersey, unto you and the coun- cil there; and in your absence from our said province, to our commander in chief for the time being, and our said council, in civil causes, wherein such of our said council as shall be at that time judges of the court from whence such appeal shall be made to you our governor, and council, or to the commander in chief for the time being, and council as aforesaid, shall not be admitted to vote upon the said appeal, but they may nevertheless be present at the hearing thereof, to give the reasons of the judgment given by them, in the cause wherein such appeal shall be made. PROVIDED NEVERTHELESS, that in all such appeals, the sum or value appealed for exceed one hundred pounds sterling and that security be first duly given by the appellant to answer such charges as shall be awarded in case the first sentence be affirmed.
86. And if either party shall not rest satisfied with the judgment of you, or the commander in chief for the time being, and council as aforesaid; our will and pleasure is, that they may then appeal unto us, in our privy council, provided the sum or value so appealed for unto us, do exceed two hundred pounds sterling, and that such appeal be made within fourteen days after sentence; and that good security be given by the appellant, that he will effectually prosecute the same, and answer the condemnation, as also pay such costs and damages as shall be awarded by us, in case the sentence of you, or the commander in chief for the time being, and council, be affirmed: And provided also, that execution be not suspended by reason of any such appeal to us.
87. You are also to permit appeals to us in council,
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in all cases of fines imposed for misdemeanors; pro- vided the fines so imposed, amount to or exceed the value of two hundred pounds, the appellant first giving good security, that he will effectually prosecute the same, and answer the condemnation, if the sentence by which such fine was imposed in our said province of Nova-Cæsaria, or New-Jersey, shall be confirmed.
88. You are for the better administration of justice, to endeavour to get a law passed (if not already done) wherein shall be set the value of the men's estates, either in goods or lands, under which they shall not be capable of serving as jurors.
- 89. You shall endeavour to get a law pass'd for the restraining of any inhuman severity, which by ill mas- ters or overseers may be used towards their christian servants, and their slaves, and that provision be made therein, that the wilful killing of Indians and Negroes may be punished with death, and that a fit penalty be imposed for the maiming of them.
90. You are also with the assistance of the council and assembly, to find out the best means to facilitate and encourage the conversion of Negroes and Indians, to the christian religion.
91. You are to endeavour with the assistance of the council to provide for the raising of stocks, and build- ing of public work-houses, in convenient places for the employing of poor and indigent people.
92. You are to propose an act. to be passed in the assembly, whereby the creditors of persons becoming bankrupts in England, and having estates in our aforesaid province of New-Jersey, may be relieved and satisfied for the debts owing to them.
93. You are to encourage the Indians upon all occa- sions, so as they may apply themselves to the English trade and nation, rather than to any other of Europe.
94. And whereas the preservation of the northern frontiers of our province of New-York, against the at-
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INSTRUCTIONS TO GOVERNOR CORNBURY.
tempts of any enemy by land, is of great importance to the security of our northern plantations on the con- tinent of America, and more especially of our said province of New-Jersey, which lies so near adjoining to our province of New-York, and the charge of erect- ing and repairing the fortifications, and of maintain- ing the soldiers necessary for the defence of the same, is too great to be borne by the single province of New York, without contributions from others concerned therein, for which reason, we have upon several occa- sions, required such contributions to be made, and ac- cordingly settled a quota to regulate the proportions thereof; you are therefore to take further care, to dis- pose the general assembly of our said province of New Jersey, to the raising of such other supplies, as are or may be necessary for the defence of our province of New-York, according to the signification of our will and pleasure therein, which has already been made to the inhabitants of New-Jersey, or which shall at any time hereafter be made to you our governor, or to the commander in chief of our said province for the time being.
95. And in case of any distress of any of our plan- tations, you shall upon application of the respective governors to you, assist them with what aid the con- dition and safety of your government will permit, and more particularly in case our province of New-York, be at any time attacked by an enemy, the assistance you are to contribute towards the defence thereof, whether in men or money, is according to the fore- mentioned quota or repartition, which has already been signified to the inhabitants of our foresaid prov- ince under your government, or according to such other regulations as we shall hereafter make in that behalf, and signify to you or the commander in chief of our said province for the time being.
96. And for the greater security of our province of
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New-Jersey, you are to appoint fit officers and com- manders in the several parts of the country bordering upon the Indians, who upon any invasion may raise men and arms to oppose them, until they shall receive your directions therein.
97. And whereas we have been pleased by our com- mission to direct, that in case of your death or absence from our said province, and in case there be at that time no person upon the place commissionated or ap- pointed by us to be our lieutenant governor, or com- mander in chief, the then present council of our said 'province, shall take upon them the administration of the government, and execute our said commission, and the several powers and authorities therein contained in the manner therein directed; it is nevertheless our express will and pleasure, that in such case the said council shall forbear to pass any acts, but what are im- mediately necessary for the peace and welfare of our said province, without our particular order for that purpose.
98. You are to take care, that all writs be issued. in our name throughout our said province.
98. Forasmuch as great inconveniences may arise by the liberty of printing in our said province, you are to provide by all necessary orders, that no person keep any press for printing, nor that any book, pamphlet or other matters whatsoever be printed without your especial leave and license first obtained.
100. And if anything shall happen that may be of advantage and security to our said province, which is not herein, or by our commission to you provided for, we do hereby allow unto you, with the advice and con- sent of our council of our said province, to take order for the present therein, giving unto us by one of our principal secretary's of state, and to our commissioners for trade and plantations, speedy notice thereof, that so you may receive our ratification if we shall approve of the same.
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101. PROVIDED ALWAYS, that you do not by any colour of any power or authority hereby given you, commence or declare war, without our knowledge and particular commands therein, except it be againt In- dians, upon emergencies, wherein the consent of our council shall be had, and speedy notice given thereof unto us as aforesaid.
102. And you are upon all occasions to send unto us by one of our principal secretary's of state, and to our commissioners for trade and plantations, a particular account of all your proceedings, and of the condition of affairs within your government.
103. 1And whereas the lords spiritual and temporal in parliament, upon consideration of the great abuses prac- tised in the plantation trade, did by an humble address represent to his late majesty, the great importance it is of, both to this our kingdom and to our plantations in America, that the many good laws which have been made for the government of the said plantations, and particularly the act passed in the seventh and eighth years of his said majesty's reign, An act for preventing frauds, and regulating abuses in the plantation trade, be strictly observed. You are therefore to take notice that whereas notwithstanding the many good laws made from time to time, for preventing frauds in the plantation trade, it is nevertheless manifest, that very great abuses have been and continue still to be prac- tised to the prejudice of the same, which abuses must needs arise, either from the insolvency of the persons who are accepted for the security or from the remiss -. ness or connivance of such as have been, or are gov- ernors in the several plantations, who ought to take care, that those persons who give bond should be duly
1 As printed in Grants and Concessions, from an attested copy in the Office of the Lords Commissioners for Trade and Plantations at Whitehall, made in 1747, the sections after No. 53 are without numbers .- ED.
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NEW JERSEY COLONIAL DOCUMENTS. [1702
prosecuted, in case of non performance; we take the good of our plantations and the improvement of the trade thereof, by a strict and punctual observance of the several laws in force concerning the same, to be of so great importance to the benefit of this our king- dom, and to the advancing of the duties of our cus- toms here, that if we shall be hereafter informed, that at any time there shall be any failure in the due ob- servance of those laws, within our foresaid province of Nova-Cæsaria, or New-Jersey, by any wilful fault or neglect on your part, we shall look upon it as a breach of trust reposed in you by us, which we shall punish with the loss of your place in that government, and such further marks of our displeasure, as we shall judge reasonable to be inflicted upon you, for your offence against us, in a matter of this consequence, that we now so particularly charge you with.
Lord Cornbury to the Lords of Trade. [From N. Y. Col. Doc'ts., Vol. IV., p 1021.] To the Rt Honble the Lords Commissioners for Trade and Plantations.
. My Lords.
Though I dispatcht the Benjamin on the 14 Instant yet the South-westerly Winds have detained her here still: Therefore I take this opportunity to inform your Lordships that this afternoon I received information from East Jersey, that Coll Andrew Hamilton has very lately held a Meeting or Assembly in East Jersey which he calls the Governour of East and West New Jersey assembled in Councill.1 .In this Councill, so
1 Probably a meeting of the Council of Proprietors .- ED.
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termed he has thought fit to receive several petitions and to make several orders upon them. He has ordered a tract of land to be assigned to Lewis Morris Esq: in consideration of his Services when in England. And he has ordered that the Quit Rents due by the said Morris to the proprietors for several tracts of land be allowed him. This is as far as my information goes, which I thought myself obliged to inform your Lord- ships of. I am told in a day or two, I shall have a full account of the whole matter with the names of the persons present. If this ship is not sailed before that time, I shall acquaint you with what further informa- tion I receive, I am
My Lords; Your Lordships most faithfull humble Servant CORNBURY
New York Dec! the 21, 1702.
Queen Anne to Lord Cornbury and the Council of New Jersey, relating to the Governor's Salary. [From P. R. O. B. T. New Jersey, No, 12, p. 130.]
To Our Right Trusty and Well-beloved Edward Lord Cornbury Our Captain General and Gov- ernour in Cheif of Our Province of Nova Cæ- saria or New Jersey in America and to Our Councill of Our said Province. Or to the Com- mander in Cheif and Councill of our said Province for the time being.
ANNE R.
RIGHT TRUSTY AND WELLBELOVED We greet you well; Whereas We have appointed you Our Governour in
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NEW JERSEY COLONIAL DOCUMENTS. [1703
Chief of Our Province of New-Jersey in America: And there being no Provision made (as We yet under- stand) for the support of yourself or of the Governor or Lieutenant Governor of the said Province for the time being, We do hereby signify to You Our Royal Will and Pleasure, that at the first Meeting of the As- sembly after the Receipt hereof, you do acquaint them with Our Expectation that in regard of Our receiving Our good Subjects of that Province under Our imme- diate Protection and Government they do forthwith settle a Constant and fixt Allowance on You Our Gov- ernour and our Governour and Lieutenant Governour for the time being, suitable to their respective Charac- ters and Dignity, and that the same be done without Limitation of time.
In consideration whereof We are hereby pleased to direct that neither you Our Governour, nor any Gov- ernour, Lieutenant Governour Commander in Cheif, or President of the Councill of Our said Province for the time being, do give your or their Consent to the passing any Law or Act for any Gift or Present to be made to you or them by the Assembly, and that neither you nor they do receive any Gift or Present from the Assembly, or others, on any Account, or in any man- ner whatsoever, upon pain of Our Highest Displeasure And of being recalled from that our Government:
And we do further direct and require that this Declaration of Our Royal Will and Pleasure be com- muicated to the Assembly at their first Meeting after your Receipt hereof and Entred in the Registers of Our Council & Assembly, that all persons whom it may concern may govern themselves accordingly. So We bid you farewell. GIVEN at Our Court at St James's the 20th day of April 1703 in the 2ª year of Our Reign. By her Majts Command
NOTTINGHAM.
,
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CIRCULAR ABOUT PLANTATION MATTERS.
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Lords of Trade to Lord Cornbury and other Gov- ernors of Plantations.
[From P. R. O. B. T. Plantations General, C. No. 32, page 244.]
Circular Letter to the Governors of all her Majes-
ty's Plantations in America relating to Courts of Justice.
WHEREAS frequent Complaints have been made to Us of great Delays & undue proceedings in the Courts of justice in Several of her Majesty's Plantations whereby many of her Majesty's Subjects have very much Suffered And it being of the greatest Import- ance to her Majtys Service, and to the Welfare of the Plantations, that justice be every where Speedily and duly Administred, and that all disorders, Delays and other undue Practices in the Administration thereof be effectually prevented; We have thought necessary to recommend to You as We do to the Several Govern- ors of other her Majesty's Plantations in respect of their Government that in the Courts of Her Majesty's
of under your Government where you are Authorized to preside, You take care that Jus- tice be impartially administred, and that as well there as in all other Courts established within her Majesty's said of all Judges & other persons therein concerned do likewise perform their Several Duties without any Delay or Partiality.
And whereas we are informed that there is great want of an especial Court for determining of Small Causes We do think it for her Majesty's Service that you recommend to the Assembly of the said
of
the passing a Law for the Constituting such Court or Courts, which may be for the Ease of her Majesty's Subjects.
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NEW JERSEY COLONIAL DOCUMENTS. [1703
We further require you to take care that an exact Account be transmitted to Us by every Conveyance of the Causes which have been dispatched, and those which remain depending, and in General an Abstract of all proceedings in the several Courts of Justice, within your said Government So We bid you heartily farewell
Your very loving Friends
Wm Blathwayt
Weymouth
John Pollexfen Dartmouth
Mat: Prior
Rob: Cecill
Ph: Meadows
Whitehall April 20th 1703
Memorandum. This was writ, mutatis, mutandis to the Governours of Barbadoes Leeward Islands Jamaica Bermuda Virginia Maryland New York New Jersey Massachusetts Bay New Hampshire.
From the Council of East Jersey to Lord Cornbury, announcing the death of Governor Andrew Ham- ilton.
[From East Jersey Under the Proprietary Governments, 2d Ed., page 228.] May it please your Excellencie.
To ye great griefe of us & of ye better part of this province it Pleased Almighty GOD to take to himself Our Late Worthy Governor Co! Andrew Hamilton who departed this life On ye 26th of this Instant; A person whose good Character is not unknown to your Excellencie. Wee being of ye Council of this prov- ince do (as in duty bound) humbly Represent the same to your Excellencie. Hoping yt your Excellencies favourable assistance & support for ye preservation of the public peace will not be wanting to us, untill your
1703] NEW JERSEY'S QUOTA FOR DEFENCE OF NEW YORK. 541
Excellencies Commission do arrive which wee do heartily desire may be Spediely; Your Excellencies prudent administration in your Government of New York giving us assurance of happiness under your Ex- cellencies Conduct
We are May it please your Excellencies
most obedient Servants
East New Jersey Perth Amboy 29th April 1703
L MORRIS.
JOHN BISHOP
WM PINHORNE
SAME DOWNES SAM' HALE
For his Excellencie Edward Lord Viscount Cornbury Governour of His Majties province of New York and Dependancies.
Lords of Trade to Lord Cornbury, about the Quota of New Jersey for the defence of New York.
[From P. R. O. B. T. New Jersey, Vol. 12, p 132.] To the Right Honble the Lord Cornbury. My Lord
Her Majesty having been pleased to direct us to re- new the Orders which have been formerly given to Several Governours and Proprietors of Plantations re- lating to the Assistance to be by them contributed towards the charge of maintaining and erecting Forts necessary for the Security and Defence of the Province of New York, in the Repartition whereof the sum re- quired to be furnished by the Provinces of East and West Jersey was for each of them Two hundred and Fifty Pounds Sterling, And the said Provinces being now united, and by her Majesty's Commission put
.
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NEW JERSEY COLONIAL DOCUMENTS. [1703
under your Government; But no advance having been hitherto made there towards a Compliance with the Directions which were given by his late Majesty to the Earl of Bellomont dated the 19th of January 1700-1; We do here inclose a Copy of his Majesty's said Letter and further signify to your Lordship her Majesty's pleasure that You use your Utmost Endeavours with the Coun- cil and Assembly of New Jersey to induce them to an effectual compliance with the Foresaid Directions, in raising and remitting to New York the Sum'e of Five hundred Pounds Sterling as formerly required towards the Charge necessary far the Security of that Province; And your Lordship is thereupon to give us an Account of Your Proceedings and Success in this Service. We are My Lord
Your Lordships Humble Servants Rob Cecill Ph: Meadows Wm Blathwayt Jn.º Pollexfen Mat: Prior
Whitehall May the 21: 1703.
Lord Cornbury to the Lords of Trade. [From New York Col. Docts., Vol. IV., p 1044.] To the Right Honble the Lords Commissioners for Trade and Plantations.
My Lords
On the 3ª of April last I received a Packet from your Lordships, with several Proclamations inclosed, direct- ing a publick day of thanksgiving to be observed in England, upon occasion of the great and glorious suc- cess of Her Majesty's Armes, and your direction for
1
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DAY OF THANKSGIVING ORDERED.
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observing a day of publick Thanksgiving here in this province and New Jersey. In pursuance of your Lordship's commands, I issued a proclamtn directing the 15 day of April to be observed throughout this prov- ince, which was strictly observed. I likewise wrote to some of the Gentlemen of New Jersey, who have acted as Justices of peace in the time of the proprie- tary Governmt, to take care that a day of thanksgiving should be observed in that province; but I did not think it proper to issue a Proclamation there, because my Commiss" for that Govern' is not yet come, and I was doubtful whether that people (who are prone enough to throw of all Governt) would obey such a Proclamation knowing that I have not yet re- ceived my Commission.1 It would be very well, if it were come, for at this time they are under no man- ner of Governt which is a great mischief to this Prov- ince, as well as to that; for if any servant here is dis- satisyed, or any Soldier has a mind to desert, it is but crossing Hudson's River and they are safe
My Lords; Your Lordships most faithful humble servant
CORNBURY.
New Yorke May the 29th 1703.
1 Lord Cornbury arrived in New York as Governor of that province on May 3d 1702. His Commissions and Instructions, as Governor of New Jersey, were pre- pared in August of that year, but did not receive Queen Anne's signature until (the Instructions) November 16th and (the Commission) Dec. 5th. They did not reach him until the 29th July, 1703, as stated on Page 506; and not until the 10th August did he start for New Jersey, and enter upon the administration of his duties as Gov- ernor of the Province .- ED.
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NEW JERSEY COLONIAL DOCUMENTS.
[1703
Colonel Robert Quary to the Lords of Trade [From New York Col. Docts., Vol. IV., p. 1055.] (Extract.)
Right Honoble
* * That the Jerseys have been for a long time in confusion, having no Government, which makes them all heartily wish my Lord Cornbury's Commission for that province were come, that so they might be settled on a sure foundation, which as yet they never have been. The contests of West Jersey have always been betwixt the Quakers and her Majes- ty's subjects that are no Quakers. The Quakers though the far less in number have always been sup- ported in the Government against the others over whom they have for many years insisted and tyrran- ized.
The contest in East Jersey is of a different nature, whether the County shall be a Scotch Settlement or an English Settlement. The Scotch have had for many years the advantage of a Scotch Governor, Colonel Hamilton. But it is the expectation of all that His Excellency My Lord Cornbury will reconcile all these differences-unite all interests, settle 'em on a sure foundation-make 'em all easy and happy; they have all a very great opinion and honour for his Lordshipp, which is a good stepp to that great worke X %
Right Honble Your Lordshipps Most obedient servant
ROBT QUARY. N. Y. June 16, 1703.
INDEX.
36
INDEX.
A.
Abbott: Mordecai, 41, 61, 65-73. 76. 79, 88, 90, 99.
Adam: Alexander, 332.
Adams. John, 148. Adams; Joseph, 384.
Adderly; Henry, 459, 461, 470.
Admiralty Courts: Petitioned for, 133. Agreement: About partition line be- tween East and West Jersey, 34 .- Of West Jersey Proprietors to support the King, 145 .- Of members of West Jersey Society, about their lands, 73. -of Quaker representatives to sup- port the King, 147.
Aikınan: William, 202. Alberson: John, 42-62. 66-72, 74, 79.
Alexander: George, 187, 191, 193, 204.
Allan: Jedediah, 332.
Allen. (Allin): George, 363, 396.
Allen: Joseph. 42-62, 66-72, 74, 79.
Allen: John, 339, 396.
Allen: Jedediah, 362, 364.
Allen: Samuel, 339.
Allen: Matt, 384.
Allen: Thomas, 470.
Allin: Caleb, 397.
Alling: John, 326.
Alston: John. (See Elston.)
Andros: Sir Edmond, 417 .- Letter from. to Lords of Trade, announcing his arrival at New York, 37
Anirell: Joseph, 396. Antill. (Anthill): Edward, 32. 376, 408, 411, 470 .- Signs surrender of Government, 456-460.
Anne: Queen, to be proclaimed, 451.
Ashaly: Robert, 396.
Ashbrook: John, 146.
Ashton: Joseph, 363.
Ashton: James, 396.
Assembly: General .- How to be formed on surrender of Government. 406. Assessments: On East Jersey Proprie- tors, 37. Askew: John, 461. Atkinson: James. 148.
Atkins: Sir Robert. Trustee of Sir Geo. Carteret. 388. Atkins: Sir Edward. Trustee of Sir Geo. Carteret, 388.
Atwood: W., Chief Justice, 438.
Austin: Joseph. Commissioner of Cus- toms, 168, 179.
Avery, (Every): The Pirate, 223, 229, 255.
B.
Bacon: John, 380. Bahama Islands: Retreat for Pirates, 119, 358.
Bailey: John, 125. Baker: Abraham, 334. 397. Baker: John, 226. Baldwin: Benjamin, 339. Baldwin, Senior: John, 336. Ball: Edward, 336, 339. Ball: Caleb, 339.
Barclay, (Berkeley): Robert. 10, 22. 26, 32, 34, 193, 198 .- Disbursements by, on account of East Jersey, 202 .- One of the twenty-four Proprietors of East Jersey, 389 .- Asks for the ap- pointment of Hamilton, 470.
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