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and Equity and for awarding of Execution thereupon with all reasonable & necessary Powers Authorities, Fees and Privileges belonging thereto As also to appoint and Commissionate fit Persons in the several parts of your Government to Administer the Oaths mentioned. And we do hereby give and grant unto you full Power and Authority where you shall see Cause or shall Judge any Offender or Offenders in Criminal Matters or for any Fines or Forfeitures due unto Us fit Objects of Our Mercy to pardon all such Offenders and to remit all such Offences Fines and Forfeitures, Treason and Willful Murder alone excepted in which Cases you shall likewise have Power upon extraordinary Occasions to grant Reprieves to the Offenders until and to the Intent Our Royal Pleasure may be known therein.

We do by these Presents Authorize and Impower you to Collate any Person or Persons to any Churches Chappels or other Ecclesiastical Benefices within Our said Province as any of them shall happen to be void.

And we do hereby give and grant unto you . . . by your Self or by your Cap & Commanders by you to be Authorized full Power and Authority to Levy Arm Muster Command and Employ all persons whatsoever residing within Our said Province of Nova Cæsaria or New Jersey under your Government and as Occasion shall serve to March from one Place to another or to embark them for the resisting and withstanding of all Enemies Pirates Rebels both at Sea and Land and to Transport such Forces to any of Our Plantations in America (if necessity shall require for the Defence of the same against the Invasion or Attempts of any of Our Enemies and such Enemies Pirates and Rebels, if there shall be Occasion to pursue & prosecute in or out of the Limits of Our said Province and Plantations or any of them and if it shall so please God them to vanquish apprehend and take and being taken either according to Law to put to Death or keep and preserve alive at your Discretion and to Execute Martial Law in time of Invasion or other times when by Law it may be Executed and to do and Execute all and every other thing and things which to Our Cap! General and Gov! in Chief doth or ought of Right to belong. . . .

Provided Nevertheless that all disorders and Misdeameanours committed on Shore by any Cap! Commander Lieu! Master Officer Seaman Soldier or other Person whatsoever belonging to any of Our Ships of War or other Vessels acting by immediate Commission or Warrant from Our said Commiss" for Executing the Office of Our High Admiral or

from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty may be tryed and punished according to the Laws of the Place where any such Disorders Offences and Misdemeanors shall be committed on Shore.

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Instructions to our Trusty and Wellbeloved Lewis Morris Esq? Our Capt? General and Governor in chief in and over Our Province of Nova Cæsarea or New Jersey in America Given at

First With these Our In[s]tructions you will receive Our Commiss! under Our Great Seal of Great Britain, constituting you Our Capt! General & Governor in chief in & over Our Province of New Jersey, You are therefore with all convenient speed to repair to Our said Province and being there arrived you are to take upon you the Execution of the Place and Trust We have reposed in you and forthwith to call together the following persons, whom We do by these Presents constitute & appoint members of Our Council in and for that Province. . . .

3 You are forthwith to communicate unto Our said Council, such and so many of these Our Instructions, wherein their Advice & Consent are required, as likewise all such others from time to time as you shall find convenient for Our Service to be imparted to them.

4 You are to permit the Members of Our said Council to have and enjoy Freedom of debate and Vote in all Affairs of publick Concern that may be debated in Council. . . .

8 And in the choice & Nomination of the Members of Our said Council, as also of the Chief Officers, Judges, Assistants, Justices and Sheriffs, you are always to take care that they be men of good Life and well affected to Our Government, of good Estates & Abilities & not necessitious People.

9 You are neither to augment nor diminish the Number of Our said Council, as it is already established, nor to suspend any of the members thereof without Good and sufficient Cause, nor without the Consent of the Majority of the said Council. . . .

12. And Our Will & Pleasure is that with all convenient speed you call together one Gen! Assembly for the enacting of Laws for the joint and mutual Good of the whole Province.

14. You are to observe in the passing of Laws that the Stile of Enacting the same be by the Govern! Council & Assembly and no other; you are also as much as possible to observe in the passing of all Laws that what ever may be requisite upon each different matter be accordingly

provided for, by a different Law, without intermixing in one & the same Act such things, as have no proper Relation to each other and you are more especially to take Care that no Clause or Clauses be inserted in or annexed to any Act, which shall be foreign to what the Title of such respective Act imports, and that no perpetual Clause be made part of any temporary Law, and that no Act whatsoever be suspended, alter'd, continued, revived or repealed by Gen' Words, but that the Title and Date of such Act so suspended alter'd, continued, revived or repeal'd be particularly mention'd and expressed in the enacting part. . . .

17. It is Our express Will & Pleasure that no Law for rais any Imposition on Wines or other strong Licquors, be made to continue for less than one whole Year, and that all other Laws made for the Supply & Support of the Governm! shall be indefinite and without Limitation, except the same be for a Temporary Service, and whch shall expire and have their full effect within the time therein prefixt.

18. And whereas several Laws have formerly been enacted for so short a time that the Assent or Refusal of Our Royal Predecessors could not be had thereupon before the time for which such Laws were enacted did expire, you shall not for the future give your Assent to any Law that shall be enacted for a less time than two Years (except in the Cases mention'd in the foregoing Article). And you shall not re-enact any Law to which the Assent of Us or Our Royal Predecessors has once been refused without Express Leave for that Purpose first obtained from Us. . . .

20. . . . We do hereby will and require you not to pass or give your Consent hereafter to any Bill or Bills in the Assembly of Our said Province of unusual and extraordinary Nature and importance, wherein Our Prerogative, or the Property of Our Subjects may be prejudiced, or the Trade or Shipping of this Kingdom any ways affected, until you shall have first transmitted to Us the Draught of such a Bill or Bills and shall have receiv'd Our Royal Pleasure thereupon unless you take care in the passing of any Bill of such Nature as before mention'd that there be a Clause inserted therein, suspending & deferring the Execution thereof until Our Pleasure shall be known concerning the same : And it is Our express Will & Pleasure that no Duty shall be laid in the Province under Your Government upon British Shipping or upon the Product or Manufacture of Great Britain, And that you do not upon Pain of Our highest Displeas ure give your Assent to any Law whatsoever, wherein the Natives or Inhabitants of New Jersey are put on a more Advantageous footing than those of this Kingdom. . .

22. You are to transmit Authentick Copies of all Laws, Statutes and Ordinances that are now made and in force which have not yet been sent or which at any time hereafter shall be made or enacted within the said Province. . . .

26. Whereas several Inconveniencies have arisen to Our Governments in the Plantations by Gifts and Presents made to Our Governors by the General Assemblies. You are therefor to propose unto the Assembly at their first meeting, after your Arrival, and to use your utmost Endeavours with them that an Act be pass'd for raising and settling a publick Revenue for defraying the necessary Charge of the Government of Our said Province, And that therein Provision be particularly made for a competant Salary, to yourself. . . .

29. Whereas great Prejudice may happen to Our Service and the Security of Our said Province under your Government by your absence from these parts, you are not upon any pretence whatsoever to come to Europe from your Government without having first obtained Leave for so doing, under Our Signet and Sign Manuel or by our Order in Our Privy Council. . . .

36. You shall not displace any of the Judges, Justices, Sheriffs, or othe Officers or ministers within Our Said Province without good and sufficient Cause to be signified unto Us and to Our said Comm" for Trade and Plantations.

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42. 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 establish'd & known Laws, not repugnant to, but as much as may be agreeable to the Laws of this Kingdom.

44. You shall endeavour to get a Law pass'd (if not already done) for the restraining of any inhuman Severity, which by ill Masters, or Overseers may be used towards their Christian Servants, and their Slaves, and that provision be made therein, that the willfull killing of Indians, & Negroes may be punish'd with Death, and that a fit Penalty be imposed for the maiming of them. . . .

54. And you are also with the Assistance of the Council & Assembly to find out the best means to facilitate & encourage the Conversion of Negroes, & Indians to the Christian Religion.

55. You are to permit a Liberty of Conscience to all Persons (except Papists) so they be contented with a quiet & Peaceable Enjoyment of the same, not giving Offence or Scandal to the Government.

56. You shall take especial care that God Almighty be devoutly and

One Thousand Pounds for a Governorship

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No. 56] duely served throughout your Governm! the Book of Common Prayer, as by Law establish'd read each Sunday & Holyday, and the Blessed Sacrament administred, According to the Rites of the Church of England.

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67. You shall not upon any Occasion whatsoever establish or put in Execution any Articles of War or other Law Martial upon any of Our Subjects, Inhabitants of Our said Province, without the Advice & Consent of Our Council there. . . .

85. And whereas in the late War the Merchants & Planters did Correspond and Trade with Our Enemies and carry Intelligence to them, to the great Prejudice & Hazard of the English Plantations, you are therefore by all possible Methods to endeavour to hinder all such Trade and Correspondence in time of War. . . .

93. And you are upon all Occasions to send unto us by One of Our principal Secretaries of State and to Our Com" for Trade and Plant a particular Acc! of all your Proceedings & of the Condition of Affairs within your Government.

William A. Whitehead, editor, Documents relating to the Colonial History of the State of New Jersey (Newark, 1882), VI, 2–51 passim.

56. One Thousand Pounds for a Governorship

(1740)

BY SECRETARY GEORGE CLARKE, JR.

Clarke's father came to New York as secretary of the province; later he satisfactorily administered the affairs of New York as lieutenant-governor. The letter is directed to Lord Delaware. — Bibliography: Winsor, Narrative and Critical History, V, 200,

My Lord.

MY

Y father since his being appointed His Majty Lieut: Gov' of New York, has in all his letters to Mr Walpole Auditor Gen' and his other friends here, represented that an unruly spirit of independency, and disaffection had at last got to such a hight in that province, that he found the weight and Authority of a Lieut' Gov', though managed in the best manner, would not be able to subdue it: but that if His Majesty should be pleased to invest him with the Commission of Gov' in chief, he had the greatest reason to be assured that as he had naturally the

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