or any of them again to demolish or dismantle as may be most convenient. And forasmuch as many Mutinies and Disorders may happen, by Persons shipped and employed at Sea during the Time of War, to the end that such as shall be shipped and employed at Sea during the Time of War, may be 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, Corrections, Executions, upon any Offender or Offenders who shall be mutinous, seditious, disorderly, or any ways unruly at Sea, or during the Time of their abode or residence in any of the Ports, Harbours, or Quays 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 Harbors, Rivers or Creeks of our said Province under your Government, by any Captain, Commander, Lieutenant, Master, Officer, Sea Man, Soldier, or other Person whatsoever, who shall be in actual Service and Pay, in or aboard any of our Ships of War, or the Vessel acting by immediate Commission or Warrant from our High Admiral of England, under the Seal of our Admiralty, or from the Commissioners for executing the Office of our High Admiral of England for the Time being, but that such Captain, Commander, Lieutenant, Master, Officers,

Sea Men, Soldiers, and other Persons offending, shall be left to be proceeded against as the Merit of their Offences shall require, either by Commission under our great Seal of England, as the Statute of the Twenty-eighth of King Henry the Eighth 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 Thirteenth Year of King Charles the Second, entitled, An Act for establishing Articles and Orders, for the regulating and better Government of his Majesty's Navy, Ships of War, and Forces by Sea, and not otherwise. PROVIDED NEVERTHELESS that all Disorders and Misdemeanors committed on Shore by any Captain, Commander, Lieutenant, Master, Officer, Sea Man, Soldier, or any other Person whatsoever, belonging to any of our Ships of War, or other Vessels 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 and Place where any such Disorder, Offences and Misdemeanours, shall be committed on Shore, notwithstanding such Offender be in our actual Service and in our pay on board any such our Ships of War or other Vessels, acting by immediate Commission or Warrant from our High Admiral, or from our Commissioners for executing the Office of High Admiral for the Time being as aforesaid, so as he shall not receive any Protection for the delaying of Justice, for such Offences committed on Shore, from any pretence of his being employed in our Service at Sea. Our Will and Pleasure is, that all publick Money raised, or shall be raised by any Act hereafter to be made

within our said Province, and issued out by Warrant from you, by and with the Advice and Consent of our Council, and disposed of by you for the Support of the Government, and 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, Cayes, Havens, and other places for the Conveniency and Security of Shipping, and for the loading and unloading of Goods and Merchandize, 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 Magistrates, Civil and Military, and all other the Inhabitants of our said Province, to be obedient, aiding and assisting unto you our said Lord Cornbury, in the execution of this our Commission, and for the Powers and Authorities herein contained ; and in case of your Death or Absence out of our said Province, to be obedient, aiding and assisting to such Person as shall be appointed by us, to be our Lieutenant Governor or Commander in Chief of the said Province, to whom we do therefore by these Presents, give and grant all and singular the Privileges and Authorities aforesaid, to be by him executed and enjoyed during our Pleasure, or until your arrival within our said Province: And if upon your Death or Absence out of our said Province there be no Person upon the Place commissionated or appointed by us to be our Lieutenant Governor, 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 execute this Commission, and the several Powers and Authorities herein contained, and that such Councillor who shall be at the Time of your Death or Absence, residing within our said Province, and nomi

nated by our Instructions to you, before any other at that Time residing there, do preside in our said Council, with such Privileges and Preeminences 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 until your return. 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 General and Governor in Chief, in and over our Province of Nova-Cæsarea, 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 Patent. WITNESS our self at Westminster, the fifth Day of December, in the first Year of our Reign.

Per bre probate, Sigillo. WRIGhte.

The foregoing is a true Copy taken from and compared with the Record in the Secretary's Office, at Burlington, in Lib. A. A. A. of Commissions, Folio 1st.

Examined per

Samuel Peart, D. Secretary.

APPENDIX C.

By His Excellency Edward Viscount Cornbury Capt. General and Governour in Chief in and over her Majesty's Provinces of New-Jersey, New-York, and all the Territories and Tracts of Land depending thereon in America, and ViceAdmiral of the same, &c. An ORDINANCE FOR ESTABLISHING COURTS OF JUDICATURE.

Whereas Her Most Sacred Majesty, ANNE, by the Grace of God, Queen of England, Scotland, France, and Ireland, Defender of the Faith, &c. by her Royal Letters Patents, bearing date the 5th day of December, in the first year of her Majesty's Reign, did among other things therein mentioned, give and grant unto his Excellency Edward Viscount Cornbury, Captain General and Governour in Chief in and over the Province of Nova-Cesarea, or New-Jersey, &c. full Power and Authority, with the Advice and Consent of her Majesty's Council of the said Province, to erect, constitute, and establish such and so many courts of Judicature and publick Justice within the said Province and Territories depending thereon, as his