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 convenient. 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 hereby 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 Captains, Lieutenants, Masters of Ships and other Commanders 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 require, according to Martial Law during the time of War as aforesaid PROVIDED that nothing herein contained shall be construed 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 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 immediate 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 Commission from Our High-Admiral of England, or from Our Commissioners for executing the Office of Our High Admiral of England for the time being, according to the Act of Parliament passed in the 13th year of the Reign of King Charles the 2d (Entituled An Act for the Establishing Articles and Orders for the regulating and better Government of his Majesty's Navys, Ships of War and forces by Sea) and not otherwise. PROVIDED Nevertheless, that all Disorders and Misdemeanours 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 immediate 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 Misdemeanours shall be committed on Shore, Notwithstanding such Offender be in Our Actual Service and born in 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 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.] 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 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 your 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 |