The Case Put & Decided BY George Fox, George Whitehead, Stephen Crisp, and other the most Antient & Eminent QƲAKERS, BETWEEN Edward Billing on the one part, And some West-Jersians, headed by Samuell Jenings On the other Part, In an Award relating to the Government of their Province, wherein, because not moulded to the Pallate of the said Samuell, the Light, the Truth, the Justice and Infallibility of these great Friends are arreigned by him and his Accomplices.
ALSO Several Remarks and Annimadversions on the same Award, setting forth the Promises. With some Reflections on the Sensless Opposition of these Men against the present Governour, and thei [...] daring Audatiousness in their presumptuous asserting an Authority here over the Parliament of ENGLAND.
Published for the Information of the Impartial and Considerate, particularly such as VVorship God, and profess Christianity, not in Faction and Hypocrisie, but in Truth and Sincerity.
VVo to the Rebellious Children, saith the Lord, that take Counsel, out not of me, & cover with a Covering, but not of my Spirit, that they may lay sin upon sin,
Therefore now hear, Thou hast trusted in thy VVickedness, Thou hast said, none seeth me; Thy VVisdom and t [...]y Knowledge it hath perverted [...], and thou hast said in thy [...]eart, I am and none else beside me,
Therefore shall Evils come upon thee, thou shalt not know from whence it riseth; and Miseris shall fall upon thee, thou shalt not be able to put it off,
The Award of George Fox and other Rulers of Chiefest Authority among the Quakers, relating to a Diff [...]rence concerning the Government of West-Jarsey, depending between Edw. Billing and Sam. Jenings; &c.
WHereas there was a late difference depending between E. Billinge on the one part, & S. Jenings, Tho. Budd & G H [...]tchinson, & some of the Proprietors of the Province of West New-Jarsey on the other part, concerning the Government of that Province, which they did refer and submit to the Judgment & Determination of G. Fox, G. Whitehead, W. Gibson, Alex. Parker, W Shewin, Ch. Bathurst, Ch. Marshall, T. Ellwood, R. Whitpane, J. Park, G Crisp, T. Hart, J Osgood & W. Crouch, promising and engaging to stand, abide & submit unto the Judgment, Sentence & Determination of them, or any eight of them, as by Writing under their hands, bearing date the 31 of 5. Mo. 1684. and by adjournments continued to the 11. of 8 Mo. following, and no longer doth appear. Now we whose Names are here-under written having duely weighed & considered the matter in difference, upon a full hearing of both Parties concerned▪ face to face, do, according to our Consciences & best understandings of matters of Fact & of the several Complaints, Al [...]egations & Evidences produced, understand, advise, judge and determine as followeth, viz.
1. That E. Bi [...]inge hath, by Concessions, signed by himself, with other words & circumstances, as also by Letters written by G [...]en Laury, Nicholas Lucas &c. to the Proprietors, given them ground to expect that they should have and had the Government, with the Soyl, which he not performing, gave offence, and we judge they were to blame, and not well advised; for it appears something dubi [...]us whether E. B [...]lling had it then to dispose of, Counsels opinions seeming various about it, and the words Powers & Governments [Page 3] not being mentioned in the Dukes Grant to the Lord Berckly & Sir George Cartwright.
2. We find no mention made in the Concessions of such mode of Government as that a Governour is to be chosen by the People, but mention of an Assembly and ten Commissioners. Neither can we find any warrantable foundation and legal Right either from the Kings Grant, or in the Conveyances to the particular Proprietors from E Billing, &c to justifie them in electing their Governor, nor yet for a popular Government without a single Governor, or Commissioners particularly assigned by legal Authority, NB.
3. That E. Billinge by the last Grant from the Duke hath the Title & Power of Government legally in him, as also by the Kings own approbation in his Declaration and Letter to and in behalf of the said E. Billinge, & he cannot be divested thereof but by default or by his own consent, as we really apprehend.
4. That E. Billing (as we really conceive & understand) cannot legally fell and divide the Government in pieces, parcells or piece-meals to particular Proprietors, if he part with it, it must go whole to a single Person, or to a certain number by Name who must, as a Corporation, have the whole of him, in whom it legally resideth, and that by an entire Grant or Assignment for the same purpose.
5. That whereas S. Jenings & the Assembly in West-Jarsey had positively acknowledged E. Billing as Governor, and acted about two years by virtue of his Commission & Power, and S. Jenings as his Deputy engaging to serve him, and preserve his Interest in that Capacity; now after all this they accepting E. Billing as Governor only in Trust, as they alledge, in order to have him assign his Power and Government to the People, which not being obtained with his consent, then they rejecting him the said Billing, and chusing S. Jenings Governor in his stead, and his accepting thereof, W [...]S A BETRAYING HIS TRUST, as also rejecting W. Welch, since deputed by E. Billing, without giving E. Billing any previous Notice of these their designs and proceedings against him and his Interest, These we judge irregular Proceedings, Ʋnfair and Ʋnwarrantable, [...] & worthy of Blame in S. Jenings and all Persons concerned therein.
[Page 4]6. That seeing E. Billing and those of his Trustees did give such ground of expectation as aforesaid, by Concessions and Letters, & also by some words in some of their Deeds, that the Proprietors should or might have the Government or Power to elect a Governour among themselves, which if be cannot legally or safely perform according to their expectations, yet we all agree, that he is thereby bound to perform to the Proprietors, so far as he legally & safely may do. And also we judge, that the said Billing ought to go so far as he is able, and lawfully can in all things to their just Satisfaction, by making and confirming unto them such Fundamental Laws, Concessions and Provisions, consonant, and not repugnant to the Laws and Government of this Realm of England, as may fully secure them from all Abuses, Oppressions & Encroachments upon their Freedoms & Liberties, both as Men & Christians, by and from himself, his Heirs or Assigns, according to the Contents of his own Letter, dated the 15 of 8. mo. 1680. sent with his last Grant from the Duke.
7. That seeing E. Billing hath declared that he hath settled the Reversion of the Government upon his Son-in Law B. Barclet, our advice is, That he do procure his said Son-in-Law to sign, with himself, such fundamental Laws, Concessions & Provisions, so made and confirmed as above▪ and also that the said Billinge do produce and shew his Concessions, so made, to any 30. more of those 14 Friends before named▪ to whom the aforesaid Difference was refered, and take their advice and consent thereunto▪ before they be transmitted to the Proprietors, there to be passed into an Act or Law in the General Assembly of West-Jarsey
8. That the said S. Jenings, T. Bu [...], G. Hutchison and the rest of the Proprietors concerned, & residing in West-Jarsey, do at present renew and continue their due acknowledgment of Billing, and peaceably aquiese, and quietly and duly submit to his Authority and Power, as their legal Governour, and receive and accept of those things before mentioned from him, and to be content and satisfied there-with. All which being effectually performed by [Page 5] the said E. Billinge then the Proprietors to pay their proportions of the Charge of the last Grant.
9. We finding that many Errors, Mistakes, Misapprehensions, Misacting, Faults, Trespasses and Offences have been suffered and done and committed since the first proposal of inhabiting & planting the said Province, not only by E. Billing, but also by S. Jenings and others, therefore we do advise and judge it needful that an Act of Indemnity and Oblivion be provided and passed by the first opportunity by E. Billing and the Assembly of West-Jarsey, and that the same be drawn so full and effectual that all Persons concerned in the said Province may be secured from being called to account for any thing done or acted in relation to himself a [...] Governor or to the Government before the date hereof; and that likewise therein provision be made to enjoyn the Inhabitants and Proprietors of the said Province not to upbraid, traduce or defame the said Billing, nor he them for any fault, mistake or miscarriage done, in relation to the said Difference before the date of the said Act of Oblivion; and that the said Billing procure his Son-in-Law B. Bartlet to sign the same with himself.
10. It is our Christian advice, That no party concerned in the aforesaid Difference make or cause to be made any S [...]ife or Contention therein, whereby the Peace or Prosperity of the said Province, or any Member thereof may be disquieted or hurt thereby, and that all Persons concerned forbear to disquiet or molest each other by going to Law, or any vexatious Suit or Prosecution in any Courts of Judicature for or because of the said Difference. This we [...]o solemnly leave in Charge on all Persons concerned, for the holy Truth and the Name of the Lords sake.
Lastly, We do in all sincerity and godly Care [...]a [...]nestly intreat and beseech, as well as advise all Parties and Persons he [...]ein concerned, That they sincerely and heartily in the Name of the Lord Jesus Christ, and for his sake, [...]orgive one another as Christians, & endeavour with one accord to [...]oo [...] out and extinguish all [...], An [...]mosities, Prejudices, Heart-b [...]rnings, Heats, Pa [...]ons, [...] and Divisions, and so b [...]o [...] [...]ut the very remembrance thereof, that [Page 6] Christian and mutual Love and good Will may increase among you, and Truth may prevail and spread in the Province and those remote parts, through your faithful and Christian Examples and Conversations, that God Almighty may b [...]ess you with Peace, Plenty and Prosperity, and with his divine Refreshments and Consolations in Christ Jesus, according to our Souls sincere Desires and tender Supplications on your behalf.
Thus we have given our Advice and Judgment in the fore-going Passages under our [...]ands in London, the 11 of 8 mo. Oct 1684.
- Will [...]am Crouch
- James Parke,
- C [...]ar. Marshall,
- Rich Whitpane
- VVilliam S [...]win,
- Thomas Hart,
- Geo. VVhitehead,
- Charles Bat [...]urst.
Memorandum, Paragraf [...] 2d. after these words, assigned by legal Authority, [...], viz.
NB. Neither do we understand that such a Grant as was expected was attainable when the 2d Grant was so [...]icited for, w [...]nce this Sentence above cited was hastily razed out of the Original, the 11 of 8. [...]o 1684. 'Tis our Judgment that it were better and more clear to be incerted.
Observations on the fore going Award.
REader, [...] observe, That by the fore-going Award of those eminent Quakers, the Government was in Billing, and not in the People of West-Jarsey, and S. Jenings condemned by them for Betraying his Trust, in laying aside Billing's Commission, and taking the Government on him from the People; yet notwithstanding all this, the same Sam. Jenings being the leading man of that Party, & chief in the Assembly, now sings his old Song over again, and affirms the Government to be in the People, thereby encouraging and exciting the People to Rebellion against the present Governour, and other their lawful Rulers, to the great obstruction of the Peace and Prosperity of the Province.
Hence is is that P. Fretwell and T. Gardner (two of the said Jenings's Minions and Quondam Justices) have run from County to County to stir up People to Sedition, and to oppose the holding of any Courts by the Governours Authority, and threa [...]on such as yeild Obedience thereunto.
[Page 7]And hence they themselves are so perverse and stubborn as not to come to Cou [...]t to [...] for their setting the Province in a flame, at the Court of Appeals, [...] and for other Misdemeanours, without raising Souldiers to force them along, to the end that they may send these their Suff [...]rings to London also, to be recorded among the rest of their Lyes) as a suffering for Truth and Religion. And hence the said Fretwell, the former Treasurer, refuses to give Account to Authority what he has done with all the Money he has received of the Province, and County Taxes: No, for doubtless he finds it more profitable to continue his former method, viz. to give account to his Fellows, who applaud him to the People, but pass his Accounts unexamined.
And hence it is that our Sheriff and his Assistant, for doing their Office at Barlington, are by the said Gardiner arrested and shed at a Court in Pennsilvania, directly contrary to the Laws and Liberties of our English Nation, and a notorious Violation of our antient Priviledges.
And from hence some others have been encouraged to resist the Government lately at Salem, where some Quakers also assumed the Militia by beat of Dru [...] & Colours flying, and with Whips, Clubs and [...]taves they forced off the Magistrates from the Court house, not suffering them to keep Court (thereby stopping the currant of Justice) till the Governour went with a Force of fifty Men in Arms, who by the Providence of God, and the said Governours discreet management, broke thorow, and que [...]'d the Rabble, without Blood-shed, even beyond the expectation of all concerned, the Captain of these Rioters having prepared his Gun with a Charge of thirty [...]eight small Bullets.
But all this seemed little in the Eyes of S. Jenings, therefore that he might more effectually accomplish his seditious Designs to subvert the Government, he and his Quaker-Followers held a great Meeting, as private as they could, about December last, at the said Jenings's Plantation House, which Meeting was appointed for his said Followers to draw up a Writing against [...]he Governour and Government, to send to England; but when the said People met, they found [...] said Writing ready contrived & drawn to their [...]ands, which, when 'twas read, a person was appointed [...]o set every mans Name thereunto the said Jenings having before threatned the Governour [...]o his face to throw him out of the Government, & therefore he [Quaker- [...]] uses such landesti [...]e ways to get others to authorize his Plots, that [...]t may be seen in England, [...] 'tis not he, but the People that does it; and [...]ll this must be for the Propagation of their Truth, yea, endeavours of Ruin to their peaceable Neighbours, nay, Province and all shall lie at [...]ake, [...]ather than this man to want his Will.
[Page 8]No wonder therefore that he and his Faction in the General Assembly refuses to sign the Association of Fidelity to King William he being so great a Jacobite that he covenants with those to whom he sells h [...]s Land, in their Deeds, to pay their Quit-Rents to the late King James, a known Enemy to the Kingdom; this all who please may see recorded in the Registers Office at Burlington.
'Tis he that has got away the Book of the L [...]ws of the Province (as his Friend H. Grubb informs us) and conceals it from the present Government, (for he had rather the Province should be without Laws than not to have them of his own making) but God be thanked he cannot conceal the Laws of England from us; but perhaps he conceals it for f [...]r of loosing their great Fundamental Law therein recorded, made wh [...]n the said Jenings was Governour, viz. That the Governour for the time being shall sign all Acts whatsoever the Representatives, from time to time, please to enact. This is the Magna Charta of W [...]st-Jarsey, made to out do t [...]t other Magna Charta of England: What think ye Si [...]s! were not these men wiser than our English Legislators? Was not Cato of old inferiour to this Man? for they were but People of the World, but the Quakers say, They are the Only People of GOD.
But, lastly, it is not to be doubted but when a Committee of both Houses did debate S. Jenings and his party's Pretentions to the Government, at the Assembly held in November, 1697. It did inspire great boldness to Jenings & his Faction to proceed as they have done, that the then Governor Hamilton did plead so stifly for them and their pretended Right, and had not one word to offer on the behalf of the Society, for which his zeal on their account, and against the Society, they honestly answered his expectation with a Present of 200 l. I say, they [...] took great boldness, who being greedy of engrosing the whole Rule of the Province to themselves, they had not only outed every Justice in the County of Burlington, except their own faction of Quakers, but also they had turned out the Council from being Justices, ex officio, so that none but Illiterate and otherways Unqualified Persons bore Rule, the ill Effects whereof the Province in divers respects has and yet does groan under, as may in time be further manifested.
But to conclude, I leave these things to be considered, and whether there be not now need of a [...]i [...]tia in the Province to secure our Lives & Estates, left by the leading Quakers crying out against the Government, as no Government, the Mob here and Scum of England, transported to these Plantations, should jo [...]n to Ravage and Ruin both us and them? And 'tis seen already what Robberies have been lately committed by Pyrates at the lower parts of Delaware, for want of being opposed by Force, notwithstanding the Quakers boasting of their Trust in divine Providence to restrain evil Men.
Annimadversions upon the Quakers Award, &c. Pen'd under the direction and guidance of this godly Instruction and Caution, viz. He that justifieth the Wicked, and he that condemneth the Just, even they both are Abomination to the Lord, Prov. 17 15.
MAny remarkable Observations the fore-going Award will offer to thy discreet and [...]genious Consideration.
1. That tho' the most antient and eminent Professors of the Quakers Communion, and their great Patriarch GEORGE FOX himself (who first gave birth and existence to that New Sect) were chosen Arbitrators by the mutual Consent and Agreement of the controverting Parties, all Disciples or Proselites of the said FOX, yet because they drew up an Award which did not in all points suit the haughty Genius and ambitious Pretensions of Samuell Jenings, he did not scrupled spensing with his Quakerism, utterly to reject it as Unjust, and by his Example others also, whom he headed and govern'd, and who could not, or d [...]st not see but with his Eyes, tho' they had bound themselves by a Writing under their hands (as is decl [...]'d in the Award) to submit to the Judgment and Arbitrement of these venerable Friends, headed by their first Apostle, and the great Architect and President of their Society▪
2. Which Proceedings do evince, how far such Persons are worthy to be credited, and what Confidence may reasonably be repos'd in them in other matters, whom neither so solemn a [...]ye▪ a Writing under their hands, nor the Authority of such Persons, could bind to their Promises, or engage a Conto [...]mity to their own free and spontaneous Act, and the Obligation they had voluntarily assum'd. Tho' this [...]ame FOX, and others concern'd with him in this Arbitration, are the Men, whom, on other occasions (where Interest is not concern'd) for the reputation and support of their Party, they represent as Holy and Righteous, and would perswade the Wo [...]ld to reverence them as such, and accordingly [...]each them up as the M [...]ss [...]ngers of Truth, and not in [...]iour to any of the holy Apostles.
3. That Sam. Jenings by his Non-acquiescence to their Decision doth draw great S [...]andal & Disgrace upon himself and them. For, if Samuell should be ask't, Why [...]e doth refuse to submit to their Determination? his answer could be no other, but that [...]h [...]se just Men had done Ʋnjustly, & [Page 10] that the Spirit of Iniquity had got the Ascendant over these Saints, so that their Understandings thereby were darkened and eclipsed, and their Wills also rendered partial, and averse to the Cause he had undertaken to maintain, and in vain was brought before them. And if, on the other hand, the Arbitrators should be interrogated, Why Samuell would not obey their Order and Determination, & his own Engagement to conform accordingly? What could they Reply, but That the Spirit of Pride (which had been a Lyar and a Rebel from the beginning) had subdued his Conscience to Oppose Gods Ordinance, and to confederate with him against them and the Truth, by whose Inspiration and Guidance they had pen'd that Award?
4. So that by Sam. Jening [...]'s own Testimony, & Theirs also whose Senses have been perverted to link themselves with him, G. FOX, G. Whitehead, S Cr [...]sp, and the rest of the Arbitrators, did not act according to Justice and Truth in this matter, nor Samuell and his Party by theirs; and consequently by the Reciprocal Evidence of these Men against each other, none of them are Righteous, Perfect or Infallible, as they hold forth to others, and preach themselves to be. But Samuell must be content to knock under, and not pretend to stand in Competition, in point of Veracity, with these Arbitrators; for in the true Spirit of Quakerism, neither their Light nor Integrity is to be disputed or called in question; since they were Men, that by the common Testimony of the whole Body, and the essentials of their own Creed, were illuminated and govern'd by the Spirit of Truth, and were taught all things (as formerly the Apostles of Christ) by the powerful Irradiation of its Light within them. By their very Fundamentals therefore, their Decision of the Controversie is Evidence sufficient to convince, that they understood it, & consequently understood what they did therein, and ought to be done, in point of Justice, on the behalf of each party. If then Justice was equally distributed by them in this Award which cannot be deny'd b [...] a Quaker, if he'll be true to, and not revolt from his Principles) why did Samuell refuse to comply with it? And if Samuell, & those under his Government, who pin'd their judgment on his Sleeve, had been men of common Probity, how could they have sham'd their Promise, and strain'd such a Case? a case so remarkable, so circumstantiated, to defeat so solemn an Obligation, to the disgrace of themselves, and the Pillars of their Par [...]?
5 That even those moral Precepts enjoyn'd both Parties by these Arbitrators, as their Christian Dut [...], Not to malign, not to Revile or Back bite each other, have been rejected by Samuell and his Accomplices, as Antichristian, even to this day; so that the Grave doth not yet defend Byllinge against their Slanders, nor the Authority of those antient select Friends (to [Page 11] whose Decision Jenings and his Adherents subjected their Cause and Controve [...]sie [...] against their Rebellion. But they still as hotly inveigh against Billing, and as fiercely appear and concern themselves against that Power and Government, in whom it is now legally and rightfully invested, as formerly when it was lodged in Billing's Person, before they consented and submitted to this Arbitration. And at this very present, this great Champion against Billing and this Award doth act this part so strenuously, and with such success, as to draw great Numbers after him in his Rebellion, and with such a stubborn Refractoriness as to tell the present Governeur to his face, He neither liked him nor his Commission; did therefore from thenceforth denounce perpetual Hostility against him, and should not cease to make War upon him untill he had driven him out of the Government.
6. That not only Sam. Jenings, but whosoever beside combine with him to oppose the Governours Commission and Authority, oppose the Judgment of G. FOX, and the rest of the Arbitrators named in this Award, and consequently the Judgment of the most antient Friends and principal Rulers of the whole Body, and censure them and it as Unjust & Unworthy of their Regard. So that whilst they strive against the Government, they also strive to sully the good Name of these eminent Friends, and cast such a Reproach upon their Memories & Reputation, as must inevitably form a bad Impression of them in others, & will at once cancel their Pretensions to those high Dispensations which they claim and proclaim as peculiar to themselves, and were never before communicated to any other Name, Order or Society of Christian Professors.
7. It cannot therefore but highly concern the People of West-New-Jarsey to consider whether it is not more just and safe to obey the Determination and Judgment of these antient Friends, than the bold seditious Notions of that Person, whom those Friends, in the Spirit of Truth (as all Quakers are obliged to believe, unless they will renounce Unity with their Friends and consistency with themselves) have stigmatiz'd with the infamous Character of Betraying his Trust, declaring, that hi [...] Proceedings, and theirs also that did appear with him against Billing's Authority (whom they did publish, testifie and recognize to be his and their lawful Governor) were Ʋnfair, Ʋnwarrantable, Ʋnsafe and worthy of Blame. And it is an indelible stain on the Quakers of West-Jarsey, that those who are not of the Quakers Profession in that Province conform themselves to the Award of these antient Friends, and religiously observe the good Advice therein incerted and urged, and those that profess themselves Quakers generally abhor, and spu [...]n against it, as if it were the Dictates of some Profligate Wretches, or the Resolution [Page 12] and Sentiments of the Sons of B [...]lial, and not the conscientious Judgment and impartial Decree of honest Men?
8. Nor can it be any Excuse for Sam. Jenings, and others (who are, and long have been active by his Motion, as the great Wheel to seduce and betray the People into Sedition) that they have gain'd a Multitude to appear on their side against the present Governor and Government. The Success of this Agency will not [...]xtenuate, but on the contrary aggravate both their Shame and Offence. For who are they, whose Judgments are debauched thereby? are they not generally professed Quakers? And what are the Fruits thereof? What doth such a N [...]go [...]ation operat [...], bu [...] the Peoples Disturbance, the Violation of the publick Peace, the Obstruction of Justice, and endles-Distractions, Ann [...]o [...]ties & [...] among all Pa [...]es, and in a word, the Destruction of [...] Province? And as it shews their Power with the People, so their [...] that Power, and how pe [...]niciou [...] and dangerous such Seditious, [...] Spirits are in any Government, in whose Breasts appears to be lodged a large Seminary of Contentions, Sedition, Factions and Hostilities, to use Samuell [...]s own Term?
9. Nor can this Plea or pretention be any Justification or Warrantee for their Proceedings, That the present Governour is not approved of by his Majesty, according to the Prescription and Tenor of the late Act of Parliament. This Argument will recoil upon themselves, and against the late Governour, and make him no Governour after the 25th day of March ▪ 1697. and consequently all Publick and Provincial Acts illegal, void, unwarrantable and dangerous after that time, especially since he did not so much for his Warrantee to hold the Government after the Limitation exol [...]ed, as to obtain a Dedimus Potestatem to take the Oath, tho' so precisely and pe [...]emprorily commanded by that Act. Which therefore neither was nor could be legally taken by or administred to him, according to the manner and direction, as thereby enjoyn'd. But waving this point, and admitting their Allegation to be true, tho' the contrary is manifest b [...] the Dedimus Po [...]estatem, which the now Governor brought along with him, under the broad Seal of England, his Instructions from the Lords Justice, signed by the Lo [...]ds Commissioners of the Treasury, the very same verbatim as are given to all other his Majesties Governours in America, for which he gave distinct R [...]ceipts, as Golished by Authority, wherein [...]is Maj [...]sties approbation of him, for the vernour of the Jarseys; [...] Lett [...] from his M [...]jesty, ad [...]ressed to him in the stile of Governour of New-Jarsey, he printed Gazets, pu [...]-Government of the Jarsey, was adve [...]tiz [...]d) and several other Writings, Instruments & Testimonials, which are as so many unquestionable Vouchers and irrefiagi [...]le Proof that he come to this Government approved of by his M [...]jesty, according to the said Act of Parliament. But admitti [...]g the [Page 13] contrary, and their Allegation to be true (as is said before) yet it is not a Point that they ought to m [...]ddle with. The Examination and Discussion thereof is not left to them. Infinitely otherwise. [...]or by the Direction of the same Act, No Persons, Powers, Jurisdiction or Authority are to take Cognizance of this matter but the King himself, his Heirs or Successors, or such as he or they shall think fit to appoint. The Parliament of England could not so much mistake or forget a Decorum, as to subject the King's Lieutenant, who represents his M [...]j [...]st [...] here, and is entrusted with Regal Powers, to the Disquisition of such little Souls as Sam. [...]enings, or any those Mechanick Mermi [...]ons that have confederated with him to prosecute his audacious and se [...]tious M [...]naces agai [...]st the Governour. On the contrary, are so tender an [...] c [...]urious to act any thing in derogation of that honourable Post, lest [...]t might see [...] to [...] some [...]ight and contempt upon his Majesty, that they have left the Judgment thereof as aforesaid) wholly to his Majesty, as the most competent Judge of his own Actions, and the most suitable Tr [...]bunal in these Cases for his Represen [...]atives. And tho' the [...]ct is express and positive in this particular▪ yet Sam. Jenings, and his Partisans, as if they were above all Laws and Powers, and his M [...]jesty not so capable and well qualified as they to be entrusted with the Examination of this great Cause, have therefore thought fit to over-rule the Parliament of England, as to that part of their Act, and by a superlative Presumption to assume the Decision of this Case to themselve [...], and have passed Judgment upon it accordingly, which they strive to execute with a [...]l the Force and Opposition against the Governor, they are able to make, improving, upon their first Notice of his Commission, their utmost Efforts to keep him out of the Government, which they have put since upon the highest there [...] to throw him out of it▪
10. Before we conc [...]u [...]e this Discourse, we cannot but further insist upon a [...]opick which was cu [...]o [...]ly touched before) and more plainly expose to view, the indeed, sensless partiality of the Quakers of West-Jarsey, who have to generally and una [...]imo [...]sly revolt [...]d f [...]om the Society, and conspi [...]ed against them, and their Commissioner, the present Governour, that [...] of that Denominacio [...] within that Province may be justly exempted from that Charge.
12 The la [...]e G [...]vern [...]r (as was said before) neither had the Kings app [...]o [...]tio [...] [...] for the Administration of the Oa [...] to him, according to the Law, tho' [...]oth were so strictly & pr [...]cisel enjo [...]n'd the [...] unto him, and all other Proprietary Governou [...]s of any of hi [...] Majesties Colloni [...]s or Plantations before the 25th day of Marc [...] ▪ 1697 yet the Quakers, [...]twithstanding th [...]se [...]ailures and Omission, did [...]ot [...] to own him for Governor, till he gave place to a new Commission, wh [...] he [Page 14] could not but own to be legal & plena [...]y, and therefore yeilded Obedience to it, and went off, as superceded by it, which was about 15 [...] after the time limitted by the Act, and were also so hot and z [...]alo [...]s then to maintain his Authority (notwithstanding the above Defect, contrary to the Law) that they would not have fail'd to oppose any, that on pretence thereof should have call'd it in question.
12. The present Governor brings over a Dedimus Forestatem under the broad Seal of England, takes the Oath, as prescribed by the Law. The Time, the Place, the Concourse of Spectators and Auditors made this Act so publick that it could not, that it cannot be deny'd by them. Nevertheless because he did not bring such Vouchers of his Majesties approbation as they could not except against (which was impossible, unless for this also he could have brought the broad Seal of England to answer their Quibbles & Cavils, th [...]' he brought such assurances thereof (as was instanced before) as might have satisfied any reasonable unprepossessed Persons) they resist him as an illegal Usurper, and deny that his Commission ought to be received. So the late Governour, tho' he fail'd in both those Preliminaries required by the Act, was still notwithstanding own'd by them as the legal Governor of the Province, and the present Governor that in reality fa [...]ls in neither, and by them is supposed & charged but to fail in one, is deny'd to be so for that precise Reason. And the Opposition they make against him hath such a leven and tincture of a Perverse Spirit in it, that they will tollerate any Mischief to be committed in the Province, rather than do any thing to redress, punish or prevent it, whereby it may be imply'd that they own the Governour, or in the least submit to his Administration. Cannot therefore by Subpaena's or any Inducements be compelled or prevail'd with to give Evidence at the Courts in any Causes either Civil or Criminal, or to perform any Services there.
13. And tho' (as before recited) 'tis expresly enacted by the said Act, That all who shall be made Governors or Commanders in Chief of any of his Majesties Collonies or Plantations, shall take the Oath therein prescribed; and such as are not immediately Commissionated by his Majesty, shall not only take the same Oath, but also be approved of by his Majesty, before their enterance into their Government. And if any of the said Governors or Commanders in Chief be convicted of failure, or to have made default in either of the Premises, by the Oath of two or more credible Witnesses, before his Majesty, his Heirs or Successors, or such as he or they shall authorize and appoint, he shall be removed from his Government, & forfeit the sum of One Thousand Pounds Sterling.
14. Tho' the Act thus prescribes, yet the Quakers of West-Jarsey doubt not to confederate against this Authority, and as Patriots of the Province [Page 15] and Champions for the Publick (which Opinion they deceitfully insinuate into the credulous and simple [...] boldly oppugne it. So they will not have the Governor removed from his Government, but kept out of it. Not to incur the Penalties for entering before the said Oath taken, and Approbation obtained, but not to enter at all, nor consequently be liable to any F [...]feitures. Nor to be convicted by the Oath of two, or more credible Witnesses, nor before his Majesty, but Themselves will be Judges, Witnesses and Accusers also in this Controversie. And tho' the Act gives the Appelation and Character of Governor to all such as have received a Commission for Government, tho' suppos'd to have fail'd in those Performances appointed by the Act, and to have made themselves obnoxious to the Penalties thereby enjoyn'd, Yet these Confederate Friends disallow it, as a Title of Su [...]ererogation, and both by their Words and Comportment censure it as an Ʋnreasonable, Erronious, and an Ʋnwarrantable Complement.
15. And thus they take that Judgment upon them, which by the express words and Direction of the Act, is appointed for another Tribunal, where (as before was obeserved) his Majesty is to be sole Judge, his Heirs or Successors, or such only as he or they shall authorize and appoint, arrogating to themselves a Dictatorship over the Parliament of England, and making their own Stubborn, Untractable Wi [...]s pa [...]amount to the Laws and Authority of that august Assembly. The Consequences whereof Time will discover, and to that Test we shall leave [...] now.
16. This we have thought fit to publish, in tenderness to the People and Inhabitants of the Province of West-New-Jarsey, and as a Caution to them, from a cordial Desire of their common Wellfare, Peace and Prosperity, and to the end that these who yet stand may be strengthened and confirm'd, and those that have fallen, may, as by a hand stretched forth for their Assistance, recover themselves, and as good Subjects and Christians return to their Duty; conformable to that of the great St. Augustine, whereby he endeavours to expell Obdurateness from Humane Nature, and to drive it into its proper Region and Channel. Humanum est [...], sed D [...]abol [...]cum est perseverare. 'Tis an incident of human Frailty to fall sometimes, but to continue, but to be hardened therein, is the Property of the Devil. From which Ʋnhappy Graceless State, Lord, in the Tenderness of thy Mercies deliver this People, both the Seducers and the seduced! Create [...] a New Hea [...]t and an Ʋpright Spirit in their inward parts. Make them legitimate Children of thy Light, faithful Friends of thy Truth, and do [...]ile in Holiness, that being delivered from Arrogancy and Obstinacy, from the Guile of Hypocrisie, and the deceitful Delusi [...]rs of vain Pretentions, false Appearances & crafty Insinuations, they may approve themselves to Thee in the Sincerity and Integrity of a constant [Page 16] and chearful Obedience to thy revealed VVill, particularly to these thy inspired Oracles published, and recorded by those great Secretaries and divine [...]en-men of thy holy Spirit, Rom. 13. v. 1, 2, &c. Let every Soul be subject unto the higher Powers; for there is no Power but of God. VVhosoever therefore resisteth the Powers, resisteth the Ordinance of God; and they that resist shall receive to themselves Damnation And much more in this place, to the same effect, is ardently inculcated by the holy Apostle. And again, Tit. 3.1. Put them in mind to be subject to Principalities and Powers, to obey Magistrates, to be ready to every good VVork, to speak evil of no Man, to be no Brawlers, but gentle, shewing all Me [...]k [...]ess unto a [...]l Men. Which Christian Virtues he illustrates by their contrary Vices. For Contra [...]ia juaeta se posita magis [...]ll [...] cescunt. For we our selves (saith he) were also sometimes Foolish, Disobedient, Deceived, serving divers Lusts and Pleasures, living in Ma [...]i [...]e and Envy, Hateful, and hating one another. Now let the most confident Pretenders and Boasters of Godliness and high Dispensations, try themselves by this Test, not deceitfully, and flattering their Consciences, but seriously and impartially, whether this is not still the Frame & Posture of their Interiour, and an exact and lively Description of their present Condition? See what the holy Ghost does yet else-where further exhort, and give us in charge on the same subject, particularly 1 Pet. 2.13, 14. and in many other places of the divine Records, too tedious to be quoted or enumerated here.
17. Thus Paul indeed may plant, and Apollo water, but 'tis God alone that gives the Increase. To whose blessing therefore we recommend these Seeds, that they may fall upon good Ground, and multiply therein, to the Increase of our Peace, the establishment of Christian Love, and a holy Conversation among us. For by the Testimony of our Lord himself, Mat. 13.23. such as the ground is, so will the Increase be. And there we must leave it, even to the same All-powerful God, who is also able to correct, to amend, to reclaim the Soil, to cleanse it from We [...]ds and all Nastiness, to cure its Sterility, and to cause it to yeild a plentiful Crop in its due season.