[From the Public Record Office, Board of Trade, New Jersey papers, vol. xvi. p. 64; printed in New Jersey Documents, ix. 40.]

INSTRUCTIONS to Our Trusty and Well beloved FRANCIS BERNARD ESQ^R Our Captain General and Governor in Chief in and over Our province of Nova Cæsarea or New Jersey in America. Given at Our Court at S^t James’s the day of —— 1758 in the thirty first day of Our Reign.

     1^st With these Our Instructions your [you] will receive Our Commission under Our Great Seal of Great-Britain, constituting You Our Captⁿ General and Governor in Chief in and 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 Peace [Place] and Trust We have reposed in You, and forthwith to call together the Members of our Council in and for that province, viz^t Jn^o Reading, Robert Hunter Morris, Edward Antill, James Hude, Andrew Johnston, Peter Kimbold, Thomas Leonard, Rich^d Salter, David Ogden, Lewis Ashfield, Samuel Woodruffe and W^m Alexander Esq^rs

     2^d And you are with all due Solemnity to cause Our said Commission to be read and published at the said Meeting of our Council, which being done, You shall then take and also administer to each of the Members of Our said Council the Oaths mention’d in an Act pass’d in the first Year of His late Majesty Our Royal Father’s Reign, entituled, an Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late princess Sophia being Protestants, and for extinguishing the hopes of the pretended prince of Wales and His open and secret Abettors: as also make and subscribe and cause the Members of Our said Council to make and subscribe the Declaration mentioned in an Act of Parliament made in the 25^th Year of the Reign of King Charles the second, entituled, an Act for preventing Dangers which may happen by Popish Recusants; And you, and every of them, are likewise to take an Oath for the due Execution of your and their places and Trusts with Regard to your and their equal and impartial Administration; of justice; and you are also to take the Oath required by an Act pass’d in the 7 & 8 years of the Reign of King William

the 3^d to be taken by Governors of Plantations to do their utmost that the Acts of Parliament relating to the plantations be observed.

     3. You shall administer or cause to be administered the Oaths mentioned in the aforesaid Act, entituled, an Act for the further Security of His Majesty’s Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors; to the Members and officers 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 this Kingdom, or the Publick Seal of New Jersey, or otherwise; And you shall also cause them to make and subscribe the aforesaid Declaration; without the doing of all which you are not to admit any person whatsoever to any publick Office, nor suffer those who have been admitted formerly, to continue therein.

     4. You are forthwith to communicate to Our said Council such and so many of these Our Instructions wherein their Advice and 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.

     5. You are to permit the Members of Our said Counb[c]il to have and enjoy Freedom of Debate and Vote in all Affairs of publick Concern, that may be debated in Council.

     6. And although by Our Commission aforesaid We have thought fit to Direct, that any three of Our Councillors make a Quorum, it is nevertheless Our Will and Pleasure, that you do not act with a Quorum of less than five Members, unless upon extraordinary Emergencies, when a greater Number cannot be conveniently had.

     7. And that we may be always informed of the Names and Characters of Persons fit to supply the Vacancies that shall happen in Our said Council, you are from time to time, when any Vacancies shall happen in Our said Council, forthwith to transmit unto Our Commissioners for Trade and Plantations, in order to be laid before Us, the Names of three persons, Inhabitants of the Eastern Division, and the Names of three other Persons Inhabitants of the Western Division, of Our said Province, whom you shall esteem the best qualifyed for that Trust.

     8. And whereas by Our Commission You are impower’d, in Case of the Death or Absence of any of Our Council of the said Province, to fill up the Vacancies in Our said Council to the number of seven, and no more; you are from time to time to send to Our Commissioners for Trade and Plantations, in order to be laid before Us, the Name or Names

and Qualities of any Member or Members by you put into Our said Council by the first conveniency after your so doing.

     9. And in the Choice and nomination of the Members of Our said Council, as also of the Chief Officers, Judges, Assistant Justices and Sheriffs; You are always to take Care, that they be men of good Life, well affected to Our Government, of good Estates, and of Abilities suitable to their Employments.

     10. You are neither to augment nor diminish the Number of Our said Council, as it is already establish’d, nor to suspend any of the Members thereof without good and sufficient Cause, nor without the Consent of the Majority of the said Council signified in Council, after due Examination of the Charge against such Councillor and his answer thereunto. And in Case of Suspension of any of them, You are to cause your Reasons, for so doing, together with the Charges and proofs against the said Persons, and their Answers thereunto, to be duly entred upon the Council Books; and forthwith to transmit Copies thereof, to Our Commissioners for Trade and Plantations, in Order to be laid before us. Nevertheless if it should happen, that you should have Reasons for suspending any Councillor not fit to be communicated to the Council, you may in that Case suspend such Person without their consent; but you are thereupon immediately to send to Our Commissioners for Trade and Plantations, in Order to be laid before Us, an Account of your proceedings therein, with your Reasons at large for such Suspension, as also for not communicating the same to the Council, and Duplicates thereof by the next Opportunity.

     11. And whereas We are sensible, that effectual Care ought to be taken to oblige the Members of Our Council to a due Attendance therein, in Order to prevent the many inconveniences that may happen for want of a Quorum of the Council to transact Business, as Occasion may require; It is Our Will & Pleasure, that, if any of the Members of Our said Council residing in the said Province shall hereafter absent themselves, from Our Said Province, and continue absent above the Space of twelve months together, without leave from you or from Our Governor or Commander in Chief of the said Province for the time being, first obtain’d under your or his Hand and Seal, or shall remain absent for the Space of two Years successively, without Our Leave given them under Our Royal Sign Manual, their place or places in Our said Council shall immediately thereupon become void; and that if any of the Members of Our said Council residing in our said Province shall hereafter willfully absent themselves from the Council Board when duly

summon’d without a just and lawfull Cause, and shall persist therein after Admonition, you suspend the said Councillors, so absenting themselves, till Our further pleasure be known, giving timely notice thereof to Our Commissioners for Trade and plantations, in Order to be laid before Us; And We do hereby Will and require you, that this Our pleasure be signified to the several Members of Our Council aforesaid, and that it be enter’d in the Council Books of Our said Province as a standing Rule.

     12. And Our Will and Pleasure is, that with all convenient Speed you call together one general Assembly for the enacting of Laws for the joint and mutual Good of the whole province; that the first meeting of the said general Assembly be at Perth Amboy in East New Jersey, in case the last was at Burlington; And that all future General Assemblies do meet and sit at one or the other of these Places alternately, or otherwise as You, with the Advice of Our foresaid Council, shall think fit in Case of extraordinary Necessity to appoint them.

     13. Our Will & Pleasure is, and you are accordingly to make the same Known in the most publick Manner, that the Method of choosing Representatives for the future shall be, as follows; Viz^t two by the Inhabitants-Householders of the City or Town of Perth Amboy in East New Jersey, and two by the Freeholders of each of the Five Counties in the said Division of East New Jersey; Two by the Inhabitants Householders of the city or Town of Burlington in West New Jersey, and two by the Freeholders of each of the five Counties in the said Division of West New Jersey; which Persons, so to be chosen, make up together the Number of twenty four Representatives. And it is Our further Will & Pleasure, that no Person shall be capable of being elected a Representative by the Freeholders of either Division, as aforesaid, or afterwards of sitting in general Assembly, who shall not have one thousand Acres of Land an Estate of Freehold in his own Right within the Division for which he shall be chosen, or have a personal Estate in Money, Goods or Chattels to value of five hundred pounds sterling and all Inhabitants of Our said Province being so qualifyed, as aforesaid, are hereby declared capable of being elected accordingly.

     14. You are to choose in the passing of Laws, that the Stile of enacting the same be by the Governor, Council and Assembly and no other; You are also, as much as possible, to observe in the passing of all Laws, that whatever may be requisite upon each different matter be accordingly provided for by a different Law, without Intermixing in one and 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, altered, continued revived or repeated [repealed] by general Words, but that the Title and Date of such Act so suspended, alter’d, continued, revived or repealed be particularly mentioned and expressed in the enacting part.

     15. And whereas several Laws have formerly been enacted in several of Our Plantations in America, for so short a time, that the Assent or refusal of Our Royal predecessors cou’d 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 hereinafter mention’d. And you shall not reenact 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, upon a full Representation by you to be made to Our Commissioners for Trade and Plantations, in order to be laid before Us, of the reason and necessity for passing such Law, nor give your Assent to any Law for repealing any other Act pass’d in Your Government, whether the same is [has] or has not received Our Royal Approbation, unless You take care that there be a Clause inserted therein suspending and deferring the Execution thereof until Our Pleasure be known concerning the same.

     16. And whereas great Mischiefs do arise by the Frequent passing Bills of an unusual and extraordinary Nature and Importance in Our Plantations, which Bills remain in force there from the time of enacting until Our Pleasure be signified to the contrary; 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 Shiping of this Kingdom any Ways affected, until you shall have first transmitted to Our Commissioners for Trade and Plantations, in order to be laid before Us, the Draught of such a Bill or Bills, and shall have received Our Royal Pleasure thereupon, unless you take care in the passing of any Bill of such Nature as beforementioned, that there be a Clause inserted therein, suspending and deferring the Execution thereof untill Our Pleasure shall be known concerning the same.

     17. You are also to take Care, that no private Act, whereby the property of private Persons may be affected, be passed, in which there is not

a saving of the Right of Us, Our Heirs and Successors, all Bodies Politick or corporate, and of all other Persons, except such as are mentioned in the said Act and those claiming by, from and under them; And further you shall take Care, that no such private Act be passed without a Clause suspending the Execution thereof, until the same shall have Our Royal Approbation. It is likewise Our Will and Pleasure, that you do not give your Assent to any private Act, until Proof be made before you in Council (and entred in the Council Books,) that publick notification was made of the Parties Intention to apply for such Act in the several Parish Churches, where the premises in Question lye, for three Sundays at least successively, before any such Act shall be brought into the Assembly; and that a Certificate under your hand be transmitted with and annexed to every such private Act, signifying that the same has passed through all the forms above mention’d.

     18. You are to take Care, that in all Acts or Orders to be passed within that Our said Province, in any Case for levying Money or imposing Fines and Penalties, express mention be made, that the same is granted or reserved to Us, Our Heirs or Successors for the Publick Uses of that Our Province and the support of the Government thereof, as by the said Act or Order shall be directed, and you are particularly not to pass any Law or do any Act by Grant, Settlement or otherwise, whereby Our Revenue may be Lessened or impaired without Our especial leave or Command therein.

     19. You are not to suffer any publick Money whatsoever to be issued or disposed of, otherwise than by Warrant under your hand, by and with the Advice and Consent of Our said Council, but the Assembly may be nevertheless permitted from time to time to view and examine the Accounts of Money or Value. of Money disposed of by Virtue of Laws made by them, which you are to signify unto them, as there shall be occasion.

     20. You are not to permit any Clause whatsoever to be inserted in any Law for the Levying Money or the Value of Money, whereby the same shall not be made lyable to be accounted for unto Us, and to Our Commissioners of Our Treasury or Our High Treasurer for the time being, and audited by Our Auditor General of Our Plantations or his Deputy for the time being. And we do particularly require and enjoyn you, under the pain of Our highest Displeasure, to take Care, that fair Books of Accounts of all Receipts & payments of all publick Money be duly kept, and the Truth thereof attested upon Oath And that all such Accounts be audited and attested by the Auditor General of Our Plantations or his Deputy, who is to transmit Copies thereof to Our Commissioners

of Our Treasury or to Our High Treasurer for the time being, and that you do every half Year or oftener send another Copy thereof attested by yourself to Our Commissioners for Trade and Plantations, and Duplicates thereof by the next Conveyance; In which Books shall be specified every particular Sum raised, and disposed of, together with the names of the Persons to whom any Payment shall be made, to the end We may be satisfied of the Right and due application of the Revenue of Our said province with the probability of the increase or Diminution of it under every head or Article thereof.

     21^st It is Our express Will and Pleasure, that no Law for raising any imposition on Wines or other strong Liquors be made to continue for less than one whole Year, and that all other Laws made for the supply and Support of the Government shall be indefinite and without Limitation, except the same be for a temporary Service, and which shall expire and have their full effect within the time therein prefixt.

said Bills within a reasonable time, not exceeding five Years; and provided also, that such Bills of Credit shall not be declared to be a legal Tender in payment of any private Contracts, Bargains, Debts, Dues or Demands whatsoever within Our said Province; and it is Our further Will & Pleasure, that you do not upon any pretence whatsoever give your Assent to any Act or Acts, whereby the time limited or the Provision made for the calling in, sinking and discharging such paper Bills of Credit, as are already subsisting or passing in payment within Our said Province, shall be protracted or postponed, or whereby any of them shall be depreciated in Value, or whereby they shall be re-issued, or obtain a new and further Currency.

     23. Whereas several Inconveniences have arisen to Our Governments in the Plantations by Gifts and Presents made to Our Governors by the general Assemblies; you are therefore to propose unto the Assembly at their first meeting after your Arrival, and to use your utmost Endeavour with them, that an Act be passed 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 competent Salary to yourself as Captain General and Governor in Chief of Our said Province, and to other Our succeeding Captains General and Governors in Chief for supporting the Dignity of the same Office, as likewise due Provision for the Contingent Charges of Our Council and Assembly, and for the Salaries of the respective Clerks and other Officers thereunto belonging, as likewise of all other Officers necessary for the Administration of that Gover[n]ment, and particularly that such Salaries be enacted to be paid in Sterling or Proclamation Money or in paper Bills of Credit current in that Province in proportion to the Value such Bills shall pass at in Exchange for Silver, that thereby the respective Officers may depend on some certain income, and not be lyable to have their Stipends varied by the uncertain Value of Paper Money, and that in such Act all Officers Salaries be fixed to some reasonable yearly Sum, except the Members of the Council and Assembly and the Officers attending them, or others

whose Attendance on the publick is uncertain, who may have a reasonable pay established per Diem during their Attendance only; And when such Revenue shall have been so settled and Provision made as afore said, then Our express Will & Pleasure is, that neither you Our Governor, nor any Governor, Lieuten^t Governor, Commander in Chief, or President of Our Council of Our said Province of New Jersey for the time being, do give your or their Consent to the passing of 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 Manner 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 communicated to the Assembly at their first meeting after your Arrival in Our said Province, and entred in the Register of Our Council and Assembly, that all Persons, whom it may concern, may govern themselves accordingly.

     24. And whereas an Act of Parliament was passed in the sixth Year of the Reign of Her late Majesty Queen Anne, intituled an act for ascertaining the Rates of foreign Coins in Her Majesty’s Plantations in America, which Act the respective Governors of all Our Plantations in America have from time to time been instructed to observe and carry into execution; And whereas notwithstanding the same, Complaints have been made, that the said Act has not been observed, as it ought to have been, in many of Our Colonies and Plantations in America, by means whereof many indirect Practices have grown up, and various and illegal Currencies have been introduced in several of the said Colonies and plantations, contrary to the true intent and meaning of the said Act, and to the prejudice of the Trade of Our Subjects; It is therefore Our Royal Will & Pleasure, and you are hereby strictly required and commanded, under pain of Our highest Displeasure and of being removed from your Government, to take the most effectual care for the future, that the said Act be punctually and bona fide observed and put in execution, according to the true Intent and meaning thereof.

     25. And whereas complaint has been made to Us by the Merchants of Our City of London in behalf of themselves and of several others of Our good Subjects of Great Britain trading to Our Plantations in America, that greater Duties and Impositions are laid on their Ships and Goods, than on the Ships and Goods of Persons who are Natives and Inhabitants of the said Plantations; It is therefore Our Will & Pleasure, that you do not, on pain of Our Highest Displeasure give your Assent for the future

to any Law, wherein the Natives or Inhabitants of Our Province of New Jersey, under Your Government are put on a more advantageous footing, than those of this Kingdom, or whereby Duties shall be laid upon British Shipping, or upon the Product or Manufactures of Great Britain upon any Pretence whatsoever.

     26. Whereas Acts have been passed in some of Our Plantations in America for laying Duties on the Importation and exportation of Negroes, to the great Discouragement of the Merchants trading thither from the Coast of Africa; and whereas Acts have likewise been passed for laying Duties on Felons imported, in direct Opposition to an Act of Parliament passed in the fourth Year of His late Majesty’s Reign, for the further preventing Robbery, Burglary, and other Felonies, and for the, more effectual Transportation of Felons; it is Our Pleasure, that you do not give your assent to or pass any Act imposing Duties upon Negroes imported into the said province under your Government, payable by the importer, or upon any Slaves exported that have not been sold in the said Province, and continued there for the space of twelve Months: It is Our further Will & Pleasure, that you do not give your Assent to or pass any Act whatsoever for imposing Duties on the importation of any Felons from this Kingdom into the province under Your Government.

     27. You are likewise to examine, what Rates and Duties are charged and payable upon any Goods imported or exported within Our Province of Nova Cæsarea or New Jersey, whether of the growth or Manufacture of Our said Province or otherwise; and you are to suppress the engrossing of Commodities, as tending to the prejudice of that Freedom which Trade and Commerce ought to have: And to use your best Endeavours for the Improvement of Trade in those parts by settling such Orders and Regulations therein, with the advice of the Council, as may be most acceptable to the generality of the Inhabitants; and to send unto Our Commissioners for Trade and Plantations, in Order to be laid before Us, yearly or oftener as occasion may require, the best and most particular Account of any Laws that have at any time been made, Manufactures set up, or Trade carried on in the province under your Government, which may in any wise affect the Trade and Navigation of this Kingdom.

     28. 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, each of them separately under the Publick Seal unto Our said Commissioners for Trade and Plantations within three months or by the first Opportunity after their being enacted, together with Duplicates

thereof by the next Conveyance, upon pain of Our hig[h]est Displeasure and of the Forfeiture of that year’s Salary, wherein you shall at any time or upon any pretence whatsoever, omit to send over the said Laws, Statutes and Ordinances, as aforesaid, within the time above limited, as also of such other penalty as We shall please to inflict; but if it shall happen, that no shipping shall come from the said Province within three Months after the making such Laws, Statutes and Ordinances, whereby the same may be transmitted, as aforesaid, then the said Laws, Statutes and Ordinances are to be transmitted, as aforesaid, by the next Conveyance after the making thereof, whenever it may happen, for Our Approbation or Disallowance of the same.

     29. And Our further Will & Pleasure is, that the Copies and Duplicates of all Acts that shall be transmitted, as aforesaid, be fairly abstracted in the Margin, and that in every Act there be the several Dates or respective times when the same passed the Assembly and the Council and receiv’d Your Assent; and you are to be as particular as may be in your Observations (to be sent to Our Commissioners for Trade and Plantations) upon every Act, that is to say, whether the same is introductive of a New Law, declaratory of a former Law, or does repeal a law then before in being, And you are likewise to send to Our said Commissioners the reasons for the passing of such law, unless the same do fully appear in the preamble of the said Act.

     30. You are to require the Secretary of Our said Province or his Deputy for the time being to furnish you with Transcripts of all such Acts and publick Orders as shall be made from time to time, together with a Copy of the Journals of the Council; and that all such transcripts and Copies be fairly abstracted in the Margins, to the end the same may be transmitted to Our Commissioners for Trade and Plantations, as above directed, in Order to be laid before Us; which he is duly to perform upon Pain of incurring the Forfeiture of his place.

     31. You are also to require from the Clerk of the Assembly or other proper Officer transcripts of all the said journals, and other proceedings of the said Assembly; and that all such transcripts be fairly abstracted in the Margins, to the end the same may in like manner be transmitted, as aforesaid.

     32. Whereas it is necessary that Our Rights and Dues be preserved and recovered, and that speedy and effectual justice be administred 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 needful]; and you are upon your Arrival to inform us by Our Commissioners for

Trade and Plantations, whether Our Service may require that a Constant Court of Exchequer be settled and established there.

     33. You shall not erect any Court or Office of judicature not before erected or established, nor dissolve any Court or Office already erected or establish’d without Our especial Order. But in regard We have been informed, that there is a great Want of a particular Court for determining of small Causes, you are to recommend it to the Assembly of Our said Province, that a Law be passed, if not already done, for the constituting such Court or Courts for the Ease of Our Subjects there.

     34. And whereas frequent Complaints have been made to Us of great Delays and undue proceedings in the Courts of justice in several of Our Plantations, whereby many of Our Subjects have very much suffered; and it being of the greatest importance to Our Service and to the Welfare of our Plantations, that justice be every where speedily and duly administered, and that all Disorders, Delays and undue Practices in the Administration thereof be effectually prevented; We do particularly require you to take especial Care, that in all Courts, where you are authorized to preside, justice be impartially administered, and that in all other Courts established within Our said province all judges and other Persons therein concerned do likewise perform their several Duties without any Delay or partiality.

     35. 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, not repugnant to, but as much as may be agreeable to, the Laws of this Kingdom.

     36. It is Our further Will & Pleasure, that no persons be sent as Prisoners from [to] this Kingdom, from New Jersey without sufficient Proofs of their Crimes, and that Proof transmitted along with the said Prisoners.

     37. You shall endeavour to get a Law passed (if not already done) for the restraining of any Inhuman Severity, which by ill Masters, or Overseers maybe used toward their Christian Servants, and their Slaves; and that Provision be made therein, that the willful] killing of Indians and negroes may be punish’d with Death, and that a fit Penalty be imposed for the maiming of them.

     38. You are to take Care that all Writs be issued in Our Name throughout Our said Province.

     39. Our Will & Pleasure is, that you or the Commander in Chief of Our said province for the time being, do in all civil Causes, on Application being made to you or the Commander in Chief for the time being,

appoint another Deputy, do give sufficient Security to the Patentee, or in case of Suspension to the person suspended, to be answerable to him for the Profits accruing during such interval by Death or during suspension, in Case we shall think fit to restore him to his place again. It is nevertheless Our Will & Pleasure, that the person executing the place during such Suspension, shall, for his Encouragement receive the same profits as the Person dead or suspended did receive; And it is Our further Will & Pleasure that in Case of the Suspension of a Patentee, the person appointed by you to execute the Office, during such Suspension, shall, for his encouragement, receive a Moiety of the Profits which would otherwise [have]* accrued and become due to such patentee, giving Security to such Patentee to be answerable to him for the other Moiety, in case We shall think fit to restore him to his place again: And it is Our further Will & Pleasure that you do countenance and give all due encouragement to all Our Patent Officers, in the enjoyment of their legal and accustomed Fees, Rights, Priviledges, and Emoluments, according to the true Intent and meaning of their Patents.

     46. You shall not, by Colour of any Power or Authority hereby or otherwise granted or mention’d 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 Great Britain or to which any person is or shall be appointed by Warrant under Our Signet or Sign Manual, any otherwise 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 Our Commissioners for Trade and Plantations, in order to be laid before us, as aforesaid, which you are to do by the first Opportunity, and untill the said Office or Place be disposed of by Us; our Heirs or Successors, under the Great Seal of Great Britain, or until some Person shall be appointed thereto under Our Signet or Sign Manual, or that Our further Directions be given therein.

     47. And whereas several Complaints have heretofore been by made [made by] the Surveyor General and other Officers of Our Customs in Our Plantations in America, that they have been frequently obliged to serve on juries and personally to appear in Arms, whenever the Militia is drawn out, and thereby are much hindred in the Execution of their Employments, Our Will and Pleasure is, that you take effectual Care and give the necessary Directions, that the several Officers of Our Customs be excused and exempted from serving on any juries.

     48. And whereas the Surveyors General of Our Customs in the Plantations

are impower’d in case of the Vacancy of any our Offices of the Customs by Death, Removal or otherwise, to appoint other Persons to execute such Offices untill they receive further Directions from Our Commissioners of Our Treasury, or Our High Treasurer or Commissioners of Our Customs for the time being, but in regard the Districts of the said Surveyors General are very extensive, and that they are required at proper times to visit the Officers in the several Governments under their Inspection, and that it may happen, that some of the Officers of Our Customs in the Province of Nova Cæsarea or New Jersey, may dye at the time when the Surveyor is absent in some distant part of his District, so that he cannot receive Advice of such Officer’s Death within a reasonable time and thereby make Provision for carrying on the Service, by appointing some other Person in the room of such Officer who may happen to die, therefore that there may be no delay given on such Occasion to the Masters of Ships or Merchants in their Dispatches, It is Our further Will & Pleasure, in case of such Absence of the Surveyor General, or if he should happen to die, and in such Cases only, that upon the Death of any Collector of Our Customs within that Our Province, you shall make choice of a Person of Known Loyalty, Experience, Diligence and Fidelity, to be imploy’d in such Collectors room for the purposes aforesaid, untill the Surveyor General of Our Customs shall be advised thereof, and appoint another to succeed in their places or that further Directions shall be given therein by Our Commissioners of Our Treasury, or Our High Treasurer, or by the Commissioners of Our Customs for the time being, which shall be first signified, taking Care that you do not under pretence of this Instruction, interfere with the Powers and Authorities given by the Commissioners of Our Customs to the said Surveyors General, when they are able to put the same in Execution.

     49. Whereas it is convenient for Our Service, that all the Surveyors Gen^l of Our Customs in America for the time being should be admitted to sitt and vote in the respective Councils of Our several Islands and Provinces within their Districts as Councillors extraordinary, during the time of their Residence there, We have therefore thought fit to constitute and appoint, and do hereby constitute and appoint the Surveyor General of Our Customs for the Northern District and the Surveyor General of Our Customs within the said District for the time being, to be Councillors extraordinary in Our said Province. And it is Our Will & Pleasure, that he and they be admitted to sit and vote in the said Council, as Councillors extraordinary, during the time of his or their Residence

there; But it is Our Intention, if thro’ length of time the said Surveyor General or any other Surveyor General should become the senior Councillor in Our said Province, that neither he nor they shall by virtue of such Seniority, be ever capable to take upon him or them the Administration of the Government there, upon the Death or Absence of Our Captains Gen^l or Governors in chief for the time being; but whenever such Death or Absence shall happen, the Government shall devolve upon the Councillor next in seniority to the Surveyor General, unless We should hereafter think it for Our Royal Service to nominate the said Surveyor General or any other of Our said Surveyors General Councillors in ordinary in any of Our Governments within their Survey, who shall not in the [that] Case be excluded any Benefit which attends the Seniority of their Rank in the Council.

     50. It is Our further Will & Pleasure, and you are hereby required by the first Opportunity to move the Assembly of Our said Province under your Government, that they provide for the Expence of making Copies for the Surveyor General of Our Customs in the said District for the time being, of all Acts and Papers which bear any relation to the Duty of his Office; and in the mean time you are to give Orders, that the said Surveyor General for the time being, as aforesaid, be allowed a free Inspection in the publick Offices within your Government of all such Acts and papers without paying any Fee or reward for the same.

     51. You are to transmit unto Our Commissioners for Trade and Plantations, with all convenient speed, in Order to be laid before Us, a particular Account of all Establishments of Jurisdictions, Courts, Offices and Officers, Powers, Authorities, Fees and Privileges, granted or settled or which shall be granted or settled within Our said Province, together with an Account of all the Expences attending the Establishments of the said Courts, and of such Funds as are settled and appropriated for discharging such Expences.

     52. Our Will and Pleasure is, that for the better quieting the Minds of Our good Subjects Inhabitants of Our said Province, and for settling the Properties and Possessions of all Persons concerned therein, either as General Proprietors of the Soil, under the first original Grant of the said Province made by the late King Charles the Second to the late Duke of York, or as particular Purchasers of any Parcels of Land from the general Proprietors, you shall propose to the General Assembly of Our said Province the passing of such Act or Acts whereby the Right or Property of the said General Proprietors to the soil of Our said Province may be confirmed to them according to their respective Rights and Titles together with

all such Quit Rents, as have been reserved or are or shall become due to the said General Proprietors from the Inhabitants of Our said Province and all such Priviledges as are expressed in the Conveyances, made by the said Duke of York excepting only the Right of Government which remains in Us, And you are further to take Care that by the said Act or Acts so to be passed the particular Titles and Estates of all the Inhabitants of that Province and other purchasers, claiming under the said General Proprietors be confirmed & settled, as of Right does appertain, under such Obligations as shall tend to the best and speedyest Improvement or Cultivation of the same provided always that you do not Consent to any Act or Acts to lay any Tax upon unprofitable Lands.

     53. You shall not permit any other person or persons besides the said general Proprietors or Agents to purchase any Lands whatsoever from the Indians within the Limits of their Grants.

     54. You are to permit the Surveyors and other Persons appointed by the forementioned General Proprietors of the Soil of that Province for surveying and recording the Surveys of Land granted by and held of 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 receive 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 likewise take the oaths mentioned in the foresaid Act entituled, an Act for the further Security of His Majesty’s Person and Government and the Succession of the Crown in the Heirs of the late princess Sophia being Protestants and for the extinguishing the Hopes of the Pretended Prince of Wales and his open and Secret Abettors: as also make and subscribe the Declaration aforesaid and you are more particularly to take Care that all Lands purchased from the said Proprietors be cultivated and improved by the possessors thereof, And you are to take Care that no Fees be exacted or taken by any of the Officers under you, for the Grants of Lands made by the Agents of the Proprietors, which Agents are to deliver over to you in Council Duplicates of all such Grants to be registred in Our Council Books.

     55. Whereas for some Years past the Governors of some of Our Plantations have seized and appropriated to their own use the produce of

Whales of several kinds taken upon those Coasts upon pretence that Whales are Royal Fishes, which tends greatly to discourage this Branch of Fishery in Our Plantations and prevent Persons from settling there, it is therefore Our Will & Pleasure that you do not pretend to any such Claim nor give any manner of discouragement to the fishery of Our Subjects upon the Coast of the Province under your Government but on the Contrary that you give all possible Encouragement thereto.

     56. You shall not remit any fines or Forfeitures whatsoever above the Sum of ten pounds, nor dispose of any Forfeitures whatsoever, until upon signifying unto Our Commissioners of Our Treasury or Our High Treasurer for the [time?]* being, and to Our Commissioners for Trade and Plantations the Nature of the Offence, and the Occasion of such Fines and Forfeitures with the particular Sums or Value thereof (which you are to do with all speed) you shall have receiv’d Our Directions therein, but you may in the mean time suspend the payment of the said Fines and Forfeitures.

     57. Whereas We have thought it necessary for Our Service to constitute and appoint a Receiver General of the Rights and Perquisites of the Admiralty. It is therefore Our Will & Pleasure that you be aiding and assisting to the said Receiver General; his Deputy or Deputies in the Execution of the said Office of Receiver General; And we do hereby require and enjoin you to make up your Accounts with him, his Deputy or Deputies of all Rights of Admiralty as you or your Officers have or shall or may receive, and to pay over to the said Receiver General, his Deputy or Deputies for Our Use all such Sum or Sums of Money, as shall appear upon the foot of such Accounts to be and remain in your hands, or in the Hands of any of your Officers; And whereas Our said Receiver General is directed, in case the Parties Chargeable with any part of such Our Revenue, refuse, neglect or delay payment thereof, by himself or sufficient Deputy to apply to Our Governors, Judges, Atternies General or any other Our Officers or Magistrates to be aiding and assisting to him in recovering the same; it is therefore Our Will & Pleasure that you Our Governor, Our Judges, Our Attornies General and all other Our Officers whom the same may concern, do use all lawfull Authority for the recovering and levying thereof.

     58. You are to permit a Liberty of Conscience to all Persons (except Papists) so they be contented with a quiet and peaceable enjoyment of the same, not giving Offence or Scandal to the Government.

     59. You shall take especial Care that God Almighty be devoutly and duly served throughout your Government, the Book of Common

Prayer as by Law established, read each Sunday and Holy day and the blessed Sacrament administred according to the Rites of the Church of England.

     60. You shall be carefull that the Churches already built there be well and orderly Kept, and that more be built, as the province shall by God’s blessing be improved, and that besides a competent Maintenance to be assign’d 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 Industry, and you are to take Care that the parishes be bounded and settled as you shall find most convenient for the accomplishing this good Work.

     61. You are not to prefer any Minister to any Ecclesiastical Benefice in that Our province without a Certificate from the Right Reverend Father in God the Lord Bishop of London of his being conformable to the Doctrine and Discipline of the Church of England and of a good Life and Conversation, and if any person already preferr’d to a Benefice shall appear to you to give Scandal either by his Doctrine or Manners you are to use the proper and usual means for the removal of him.

     62. You are to give order that every Orthodox minister within your Government be one of the Vestry in his respective parish, and that no vestry be held without him except in Case of Sickness, or that after Notice of a Vestry summon’d he omit to Come.

     63. You are to enquire whether there be any Minister within your Government who preaches and administers the Sacrament in any Orthodox Church or Chapel without being in due Orders & to give account thereof to the said Lord Bishop of London.

     64. 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 & Encouragement to the Exercise of the Same, except only the Collating to Benefices, Granting Licences for marriages, and probate of Wills, which we have reserved to you Our Governor and the Commissioner [Commander?] in Chief of Our said province for the time being.

     65. We do further direct that no Schoolmaster be henceforth permitted to come from England and to keep School in the said province without the Licence of the said Bishop of London, and that no other person now there or that shall come from other parts, shall be admitted to keep School in that Our said province of New Jersey, without your Licence first obtained.

     66. And you are to take especial Care, that a Table of Marriages established by the Canons of the Church of England be hung up in every Orthodox Church and duly observed And you are to endeavor to get a Law passed in the Assembly of Our said Province (if not already done) for the strict Observation of the said Table.

     67. The Right Reverend Father in God Edmund late Lord Bishop of London having presented a pertition to his late Majesty Our Royal Father, humbly beseeching him to send Instructions to the Governors of all the several plantations in America, that they cause all Laws already made against Blasphemy, prophaneness, Adultry, Fornication, Polygamy, Incest, prophanation of the Lord’s day, Swearing and Drunkeness in their respective Governments to be vigourously executed. And We thinking it highly just that all persons, who shall offend in any of the particulars aforesaid, should be prosecuted and punished for their said Offences. It is therefore Our Will and Pleasure, that you take due Care for the punishment of the forementioned Vices, and that you earnestly recommend it to the Assembly of New Jersey to provide effectual Laws for the Restraint and punishment of all such of the aforementioned Vices against which no Laws are as yet provided, and also you are to use your Endeavors to render the Laws in being more effectual by providing for the punishment of the aforementioned Vices by presentment upon Oath to be made to the temporal Courts by the Church Wardens of the several parishes, at proper times of the year to be appointed for that Purpose. And for the further discouragement of vice and Encouragement of Virtue and good Living (that by such Example the Infidels may be invited and desire to embrace the Christian Religion) you are not to admit any person to publick Trusts and Employments in the said Province under your Government whose ill Fame and Conversation may occasion Scandal. And it is Our further Will and Pleasure that you recommend to the Assembly to enter upon proper Methods for the erecting and maintaining of Schools, in Order to the training up of Youth to Reading and to a necessary Knowledge of the principals of Religion, and you are also with the Assistance of the Council and Assembly to find out the best means to facilitate and encourage the Conve[r]sion of Negroes and Indians to the Christian Religion.

     68. You shall send unto Our Commissioners for Trade and Plantations by the first Conveyance in order to be laid before us, an Account of the present Number of Planters and Inhabitants, Men, Women, and Children, as well Masters as Servants free and unfree and of the Slaves in Our said

province as also an 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. You shall also cause an exact Account to be kept of all Persons born and christned and buried, and you shall yearly send fair Abstracts thereof to Our Commissioners for Trade and Plantations as aforesaid.

     69. And We do further expressly command and require you to give unto Our Commissioners for Trade & plantations once in every year the best Account you can procure of what number of Negroes Our said province is yearly supplied with.

     70. You shall take Care that all planters and Christian 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 mustred and trained whereby they may be in a better readyness for the defence of Our said province under your Government.

     71. You are to take especial care that neither the frequency nor unreasonableness of their Marches, Musters, and trainings be an unnecessary Impediment to the affairs of the Inhabitants.

     72. 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 and Consent of Our Council there.

     73. 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 keeping 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 prepare such Act or Law for the punishing of Mutiny, Desertion and false Musters and for the better preserving of good Discipline amongst the said Soldiers, as may best answer those Ends.

     74. You are to encourage the Indians upon all Occasions so as to induce them to trade with Our Subjects rather than any others of Europe.

     75. And for the greater Security of Our province of New Jersey you are to appoint fit Officers and Commanders in the several parts of the Country bordering upon the Indians who upon any Invasion may raise Men and Arms to oppose them till they shall receive your Directions therein.

     76. And whereas you will receive from Our Commissioners for Executing the Office of High Admiral of Great Britain and of Our plantations a Commission of Vice Admiralty of Our said province of New Jersey, You are hereby required and directed carefully to put in execution the several powers thereby granted you.

     77. And there having been great Irregularities in the Manner of granting Commissions in the plantations to private Ships of War. You are to govern yourself whenever there shall be occasion according to the Commissions and Instructions granted in this Kingdom, Copies whereof will herewith be delivered you. But you are not to grant Commissions of Marque or Reprizal against any Prince or State or their Subjects, in Amity with us to any Person whatsoever without Our Especial Command, and you are to oblige the Commanders of all Ships having private Commissions to wear no other Colours than such as are described in Our Order of Council of the 7^th of Jan^ry 1730 in relation to Colours to be worn by all Ships and Vessels except Our own Ships of War. A Copy of which Order will be herewith be [sic] delivered to you.

     78. Whereas we have been informed that during the time of War Our Enemies have frequently got Intelligence of the State of Our plantations by letters from private persons to their Correspondents in Great Britain taken on Board Ships coming from the plantations, which may be of dangerous Consequence if not prevented for the future. Our Will and Pleasure is, that you signify to all Merchants, planters and others that they be very Cautious in time of War, in giving any Account by Letters of the publick State and Condition of Our said province of New Jersey, and you are further to give Directions to all Masters of Ships or other persons to whom you may intrust your Letters, that they put such Letters in a Bag with a sufficient Weight to sink the same immediately, in Case of imminent danger from the Enemy. And you are also to let the Merchants and planters know how greatly it is for their Interest that their Letters should not fall into the Hands of the Enemy, and therefore that they should give the like Orders to the Masters of Ships in relation to their Letters. And you are further to advise all Masters of Ships that they do sink all Letters in Case of Danger in the manner before mentioned.

     79. And whereas the Merchants and planters in America have in time of War corresponded and traded with Our Enemies and carried Intelligence to them, to the great prejudice and 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.

     80. And whereas Commissions have been granted unto several persons in Our respective plantations in America, for the trying of pirates in those parts pursuant to the Acts for the more effectual Suppression of Piracy, and by a Commission already sent to Our province of New Jersey, you as Captain General and Governor in Chief of Our said province are impowered together with others mentioned, to proceed accordingly in reference to Our said province, Our Will & Pleasure is, that in all matters relating to pirates, you govern yourself according to the Intent of the Acts & Commission aforementioned.

     81. Whereas it is absolutely necessary, that we be exactly informed of the State of Defence of all 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 Cæsarea or New Jersey in the most particular manner, and you are therein to express the present State of the Arms, Ammunition and other Stores of War belonging to the province either in any publick Magazines or in the hands of private persons together with the State of all places either already fortified or that you judge necessary to be fortifyed for the Security of Our said province, and you are to transmit the said Accounts to Our Commissioners for Trade and plantations, in order to be laid before us, as also a Duplicate thereof to Our Master General or principal Officers of Our Ordnance, which Accounts are to express the particulars of Ordnance, Carriages, Ball, Powder, and all other sorts of Arms and Ammunition in Our publick Stores at your said Arrival, and so from time to time of what shall be sent to you b [or] bought with publick Money and to specify the time of the Disposal and the occasion thereof and other like Accounts half yearly in the same manner.

     82. Whereas divers Acts have from time to time been passed in several of Our Colonies in America imposing a Duty of powder on every Vessel that enters and clears in the said Colonies, which has been of great Service in furnishing the Magazines with powder for the Defence of Our said Colonies in time of Danger: it is Our Express Will & Pleasure, and you are hereby required and directed to recommend to the Assembly of New Jersey to pass a Law for Collecting a powder Duty, and that the Law for that purpose be made perpetual, that a certain time in the said Act, not exceeding twelve months, be allowed for giving Notice thereof to the several masters of Vessels trading to New Jersey, and that for the more ample Notification thereof, a proclamation be also published in your said Government

declaring that from and after the Expiration of the time limited by the said Act for such Notice, no Commutation shall be allow’d of but upon evident Necessity, which may some time happen, whereof you or Our Commander in Chief for the time being are to be the judge; in which Case the said Master shall pay the full price Gunpowder sells for there, and the monies so collected shall be laid out as soon as may be in the purchase of Gunpowder; and you are also to transmit every six months to Our Commissioners for Trade and Plantations, an Account of the particular Quantities of Gunpowder collected under the said Act in your Government; and likewise a Duplicate thereof to the Master General or principal Officers of Our Ordnance.

     83. You are to take especial Care, that fit Storehouses be settled throughout Our said province for receiving and keeping of Arms, Ammunition, and other publick Stores.

     84. And in Case of any distress of any of Our plantations, you shall upon Application of the respective Governors to you, assist them with what Aid the Condition 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 to be according to the Quota or Repartition which has already been signified to the Inhabitants of Our foresaid province under your Government, or according to such other Regulation as We shall hereafter make in that behalf, and shall signify to you or the Commander in Chief of Our said province for the time being.

     85. You shall transmit unto Our Commissioners for Trade and plantations, by the first Opportunity, to be laid before us, a Map with the exact Description of Our whole Territory under your Government, and of the several plantations that are upon it.

     86. You are from time to time to give an Account, as before directed, what Strength your bordering Neighbours have, be the[y] Indians or others, by Sea & Land & of the Condition of their plantations, & what Correspondence you do keep with them.

     87. You are likewise from time to time to give unto Our Commissioners for Trade and Plantations, as aforesaid, in order to be laid before us, 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 Industry of the Inhabitants or planters; and what further Improvements you conceive may be made, or Advantages gained by trade, and in what manner We may best Advance the same.

     88. If any thing shall happen that may be of Advantage and Security to Our said province, which is not herein by Our Commission provided for, We do hereby allow unto you, with the Advice and Consent of Our Council, to take order for the present therein, giving unto Our Commissioners for Trade and plantations speedy notice thereof, in order to be laid before Us, that so you may receive Our Ratification, if We shall approve of the same, provided always that you do not by Colour of any power or Authority given you, commence or declare War without Our Knowledge and particular Commands therein, except it be against Indians upon Emergencies, wherein the Consent of Our Council shall be had and speedy Notice given thereof unto Our Commissioners for Trade and plantations in Order to be laid before Us.

     89. And whereas great Prejudice may happen to Our Service and the Security of Our said province under your Government by your Absence from those parts, you are not upon any pretence whatsoever, to come to Europe from your Government, without first having obtained leave for so doing under Our Signet and Sign Manual, or by Our Order in Our privy Council.

     90. And whereas We have been pleased by Our Commission 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 commissioned or appointed by Us, to be Our Lieutenant Governor or Commander in Chief, the eldest Councillor whose name is first placed in these Instructions to you, and who shall be at the time of your Death or Absence residing within our said province, shall take upon him the Administration of the Government and execute Our said Commission and Instructions 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 eldest Councillor, or President shall forbear to pass any Act or Acts [but] such as shall be immediately necessary for the peace and Wellfare of Our said province without Our particular Order for that purpose, and that he shall not take upon him to disolve the Assembly then in being, nor to remove or suspend any of the Members of Our said Council nor any judges, Justices of the peace or other Officers civil or military without the Advice or [and] Consent of at least seven of the Council, and Our said President is to transmit to Our Commissioners for Trade and Plantations by the first Opportunity, the reasons of such Alterations, signed by himself and Our Council, in order to be laid before Us.

     91. And whereas We are willing in the best manner to provide for the

support of the Government of Our said Province by setting a part sufficient Allowances to such as shall be Our Governor, Lieutenant Governor, Commander in Chief or President of Our Council, residing for the time being within the same; Our Will & Pleasure therefore is, that when it shall happen that you shall be absent from the Territory of New Jersey of which We have appointed you Governor one full moi[e]ty of the Salary and of all perquisites and Emoluments whatsoever which would otherwise become due, unto you, shall during the time of your Absence, from the said Territory be paid and satisfyed unto such Governor, Lieutenant Governor, Commander in Chief or President of Our Council, who shall be resident upon the place for the time being, which We do hereby order and allot unto him, towards his maintenance, and for the better support of the Dignity of that Our Government.

     92. And you are upon all Occasions to send unto Our Commissioners for Trade and plantations only, a particular Account of all your proceedings and of the Condition of Affairs within your Government, in order to be laid before Us, provided nevertheless whenever any Occurrence shall happen within your Government of such a Nature and importance as may require Our more immediate Direction by one of Our principal Secretaries of State, and also upon all Occasions & in all Affairs wherein you may receive Our Orders by one of the principal Secretaries of State, you shall in all such Cases transmit to the Secretary of State only, an Account of all such Occurrences & of your proceedings relative to such Orders.¹*