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 Protection 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 Inhabitants of Our said Province to be Obedient aiding and Assisting unto you the said Lord Cornbury, in the Execution 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 obedient, 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 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 Administration of the Government and Exercise this Commission and the severall Powers and Authorities herein contained, 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 Preheminiences as may be necessary in those Circumstances, for the due and orderly carrying on the publick 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 Pleasure, from and after the Publication of this Our Commission. [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 1 The concuding paragraph within brackets is from the printed copy of the Commission 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 previous.-ED. Letter from Lord Clarendon to the Secretary of State about the Council for New Jersey. My Lord. [From P. R. O. America & West Indies Vol. 575.] Letter from Lord Clarendon. September 1st 1702 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 knowing anything of that Countrey myselfe, I have advised with 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 reasonable 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 occasion 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 (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 Pyrates being their Trustee for their Cash & very much in the Quaker Interest. Sam' Jennings. A Biggoted Quaker Preacher, &c. William Pinhorne. Formerly Of the Councill & Judge of New Yorke butt turned outt by La Bellamont for some Ill practises. Sam' 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 Rich 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 Esq's having been recommended to her Majesty as persons fit to be members both of the Council 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 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 Estates that either Mr Bass or M' Cox has in that Province. As to the said Persons being of the Council of New Jersey We have already inserted in the said Lord Cornbury's instructions for that Province the names of 12 persons which were after much contest between the Proprietors of the East and West division agreed to unanimously by both parties, and which was in some measure 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 My Lord Your Lordships We are Whitehall Sept the 3, 1702. Most humble servants ROB: CECILL JNO POLLEXFEN |