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service that his Majesty would be pleased to put those Provinces under such regularities that the publick peace may be restored and his Majesty's government of New York may have the assistance of the magistracy of the Jerseys to remand deserters and fellows that may shelter themselves there, which often happens, &, by the convulsion of that people, not in Coll. Hamilton's the Governour's power to remedy it.

My Lords

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Your Lordships most faithfull &
most obedient humble servts

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*

New York 30th
April 1701

WM SMITH Pt

PE: SCHUYLER

Rt LIVINGSTON

Petition of Governor and Council of East Jersey to the King, asking that the authority of Gov. Hamilton might be upheld.

[From P. R. O. B. T. Proprietors. Vol. 6, G 29.]

PETITION OF Y GOVR & COUNCIL of East New Jersey to his Maty abt ye Disorders there May 1701

TO THE KINGS MOST EXCELLENT MAJESTY.

THE HUMBLE PETITION of the Governour and Council of Your Majesties Province of East New Jersey in America.

Most Humbly Sheweth

That whereas in January 1698 The Proprietors of Yo! Maties said Province did Petition yo! Mate to approve their Choice of Andrew Hamilton Esq' to be Governour thereof, Which Petition was read and referred by

Yo! Ma in Council to the Right Honoble the Lords of Trade and Plantations to consider and to report to Y! Mate what they conceived proper for Yo! Mate to do therein

In obedience to which Order in Council, and to another of the Ninth of March thereafter, Upon a Petition of the said Proprietors concerning Their Right to a Port at Perth-Amboy, Their Lord'ps by a Representation to Yo! Mate in Council, most humbly offered to Yo! Mate That a Tryal be had at Barr in Westminster Hall. Whereby the Proprietors claim to Ports and Right to Governm' of the said Province might receive a determination Which Representation Yo! Ma in Council was pleased to Approve, upon the 20th of April, and to Order that it be referred to Yor Maties Attorney General, to consider and report, in what manner what was proposed by the said Representation might be best put in Execution.

Yo! Petitioner Hamilton waited upon the Council of Trade and Humbly moved, That seeing by the said Representation their Lordshipps seemed to Hesitate upon the Validity of the Powers of Governm' granted by King Charles the second to His Royall Highnesse, and by His Royal Highnesse to the Proprietors. He. might be directed by their Lordshipps, how to Guide himself being unwilling to Act, under any Commission, which their Lordsh" should judge unwarrantable.

Their Lordships by S! Philip Meadows were pleased to signifie to said Hamilton, That tho' They questioned the Validity of the Powers of that Grant, and therefore thought it not fitt to Advise Yo! Maje to grant the Approbation Petitioned for being a Recognizeing the Props Title, and thereby giveing away what they accounted Yo! Majties Right, Yet that they did not thereby intend to inhibitt the Propes of acting further in the Governm! But that if yo! petitioner Hamilton, Governed himself by the Laws of England; The Props

would find wherewithall to Justifie themselves in Commissionating him, and yo! petitioner in acting under it, untill Their Right to Governm were Vacated by a Judicial determination or that yo! Majties Pleasure should be further knowne therein

Yo! Petitioner Hamilton arriveing in said Province in Decemb: 1699 Published the Proprietors Commission, and after haveing taken the Oaths, appointed by Acts of Parliam Entred upon the Administrac'on of the Governm

But so it is. That neither the Approbation being granted, nor no Instrument sent over to Command the Inhabitants to continue in their obedience to the Governm under the Administrac'on of the Prop until their Right to it had received a Tryal at Barr Yo! Mate was pleased to Order, or until Yo! Maties Pleasure was further knowne, The Licentious part of the people, who look on all Governm to be a Yoke, and being encouraged in their Seditious principles, by Letters from England, from their Agent, whom they have sent over to Extenuate their Crimes, That Yo' Petitioner Hamilton was rejected by Yo! Ma for Governo! And that the Council of Trade had declared all Acts of Governm' by him done, or any under him to be Null & void, have gladly laid hold of this as colour enough to cutt in pieces the Reins of Governm and run yo! people into Anarchy and confusion.

And as at several times before, They have assaulted Yo Mates Justices, when in the Solemnity of yo! Courts of Judicature, and thereby stop't the Curr of Law, So upon the 25th of March last, At a Court of Sessions held in the Usuall place at Middletowne in the County of Monmouth and Province aforesaid, Where was present Yo! Petitioner Hamilton in Conjunction with yo' Maties Justices to take the Examination of a certain pirate belonging to Kidds-Crew, named Moses Butterworth, pursuant to Yo; Majes Strict Command;

And while the pirate was under Examination, Those Libertines on purpose to hinder the Courts proceeding in that Affair, sent in one of their Number to beat a Drumm and others of them Rushed into Rescue the Pirate, and accordingly carried him from the Barr.

To hinder the Rescue and suppress the Riotters, Yo! Matias Justices, believing it their duty, to assist the Sheriffe and Constables in the Execution of their Offices (in which one of the Rescuers was wounded) were Surrounded by the Riotters in great numbers in Arms, having (appearingly) on purpose appointed the same day to be a Training day, on which the Court was to sitt, and their destruction by them most insolently threatened, (which had been most certainly Executed had the Wounded died upon the Spott) and were confined by them ffour dayes, till they thought him past hazard, to the great dishonour of Yo! Majte in the abuse of yo! Ministers.

And as those people could have no manner of colourable Pretext for attempting the dissolution of the Governm for want of sufficient Information, being often told, that the not obtaining the Approbation was from a Reason of State, and no Neglect of the Proprietor that it was Yo! Maj not that they that was Judge of the Validity of the Proprietors Commission and that as it is never to be supposed Yo! Maj the Common ffather of yo! people would for want of Governm suffer them to run into disorder and Confusion, So it ought to be to them an invincible argument of Yo! Majties allowing the Administration to be still in the Prop untill the Tryal at Barr be issued, or Yo! Majties Pleasure therein further knowne

As yo! Majties most humble Petitioners will never be wanting to do what in them lies to preserve yo' Majes peace, and Order of Governm' among Yo': Subjects of this Province untill yo' Maje shall be pleased to committ that Trust to better hands, So least the necessary

means to effect it, may run the Province into blood, unlesse a Speedy remedy be applyed

They most humbly pray

That Yo! Maje would be graciously pleased to command the Inhabitants to yield their Obedience to the Proprietors commission until the Tryal at Barr be had, or yo! Maties pleasure thereupon be further knowne And your Petitioners as in duty bound shall ever

pray

And Hamilton
Samtalemmes

John: Bishop.

Sami Halo
Benj Griffith.

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