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! Mais 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 ProprietoTM 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! Majte 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! Majes allowing the Administration to be still in the Props untill the Tryal at Barr be issued, or. Yo! Majties Pleasure therein further knowne As yo! Majes most humble Petitioners will never be wanting to do what in them lies to preserve yo' Majte peace, and Order of Governm' among Yo' Subjects of this Province untill yo! Majte 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 Honiton John: Bishop: Sami Halo Memorial of the Proprietors of East and West Jersey to the Lords Justices asking for the approval of Andrew Hamilton as Governor. [From P. R. O. B. T., Proprieties, printed in Grants and Concessions, page 591.] TO THEIR EXCELENCIES THE LORDS JUSTICES ENGLAND. OF The Humble Petition of the Proprietors of the Provinces of East and West New Jersey in America. Showeth That your Petitioners, as they were advised by their Council, being legally entitled to the Government of those Provinces, by virtue of several Grants from the late King JAMES, when Duke of York, the Declaration of the late King CHARLES the Second, under the Great Seal of England, and of several Acts of State and Orders of Council, admitting their right, have for many years appointed Governor's there, and particularly Colonel Andrew Hamilton, who administered the Government to the great Service of the Crown and Universal Satisfaction of the Inhabitants, until the Act of Parliament passed in the seventh and eight Years of his present Majesty's Reign, entitled An Act for preventing Frauds and regulating abuses in the Plantation Trade. Upon which Laws some doubt arising, whether a Native of Scotland (as Colonel Hamilton is) were capable of being a Governor of the Plantation, your Petitioners for avoiding any Colour of Offence against that Act of Parliament appointed one Jeremiah Basse, Governor of those Provinces; but the Lords of the Committee of Trade and Plantations, making then some Scruple concerning your Petitioners Right of Government, Mr. Basse had not such a formal Approbation of his Majesty, as that Act directs; and though your Petitioners even at the same Time honoured with Instructions from the then Lords Justices, and Lords Commissioners of the Treasury, for their Governor's Conduct, which were produced and published by Mr. Basse, as a Testimony of his being nominated Governor, with the knowledge and implicite Consent of his Majesty and his Ministers of State, yet for want of an Express Approbation in Writing, the Inhabitants refused to obey him, and he returned to England. Whereupon your Petitioners who had been informed of the Opinions of his Majesty's late Attorney and present Sollicitor General, that a Native of Scotland, was not disabled to execute any office in the Plantations, were reduced to reappoint the said Colonel Hamilton (then in England) Governor of these Provinces, whom your Petitioners presented to the Lords of the Committee of Trade and Plantations, humbly remonstrating to them the necessity of sending a Governor for Preservation of the Publick Peace, and praying their Lordships Reccommendation of him, for his Majesty's Approbation, but their Lordships having resolved to controvert your Petitioners Right of Government by a tryal at Law, declared they could not consent to such an Approbation without prejudice to His Majesty's Right; yet in regard of the necessity of the People's being under some Government till the Right was determined, their Lordships delivered their Opinions, that Colonel Hamilton, acting according to the Laws of England, your Petitioners might be safe in commissionating him, and he in executing their Commission, under the security of which Approbation Colonel Hamilton went over, and re-assumed the Government of those Provinces; but some factious and turbulent Persons impatient of any Government, oppose his Administration, because he is not approved of by an Order of Council, according to the express Letter of the Act of Parliament, and have made so great Divisions and Confusions there, that the publick peace is daily violated, and the publick Justice obstructed. That your Petitioners have agreed and are ready to surrender all their Right of Government to his Majesty upon such Terms and Conditions as are requesite for Preservation of their Properties and civil Interests, and which they humbly hope will be allowed to them. Your Petitioners therefore most humbly pray, that for the Preservation of the publick Peace of these Provinces, your Excellencies will be graciously pleased immediately to approve of Colonel Hamilton to be Governor of the Provinces of East and West Jersey, until the Terms of Surrender can be adjusted. And your Petitioners shall ever Pray, Paul Dominique John Bridges E. Richier Clement Plumstead Thomas Cooper Walter Benthall Dan Cox Jun! Thomas Hart Joseph Ormston Miles Forster and Edward Antill [1701]1 Jos. Brooksbanke Thomas Barker 1 Precise date doubtful, but probably early in the year.-ED. |