Terms and Conditions to the new Provincial Governor if accepted. And YES, Bernard accepted.
As the internet grows, so does the information. This piece is a transcribe of what is the job description for Francis Bernard, who was approved by committee and King George II to serve in a number of roles including the Governor of the province of New Jersey. This post, as well as others before (and coming) are a deeper look into the life of who has been remembered as Sir Francis Bernard, 1st Baronet, the provincial governor of what becomes the State of New Jersey. References and additional research can be found at the end of this post.
Order of His Majesty in Council approving a Representation of the Lords of Trade, proposing Francis Bernard to be Governor of New Jersey and directing a Commission to be prepared.
[From P. R. O. B. T., New Jersey, Vol. 8,1. 60. Page 21-34]
AT THE COURT AT ST. JAMES’S THE 27™ DAY OF JANUARY 1758
Upon reading this day at the Board, a Representation from the Lords Commissioners for Trade and Plantation, dated the 26th of this Instant, proposing that Francis Bernard Esq. may be appointed Captain General and Governor in Chief of the Province of New Jersey, in the room of Jonathan Belcher Esq. deceased. His Majesty in Council approving thereof, is pleased to Order, as it is hereby Ordered, that the said Francis Bernard Esq. be constituted and appointed Captain General and Governor in Chief of His Majesty’s said Province of New Jersey, in the room of the said Jonathan Belcher Esq. deceased. And that the said Lords Commissioners for Trade and Plantations, do prepare a Draught of a Commission, and Warrant for passing the same under the Great Seal, and also Draughts of Instructions for the said Francis Bernard, and lay the same before His Majesty at this Board for His Royal Approbation.
W. BLAIR
Commission of Francis Bernard as Governor of New Jersey,
submitted to the Attorney or Solicitor General.
GEORGE THE SECOND by the Grace of God, of Great Britain, France and Ireland King, Defender of the Faith, &c. To Our trusty and Well beloved Francis Bernard Esq.
Greeting: We reposing especial Trust and Confidence in the Prudence, Courage and Loyalty of you the said Francis Bernard, of our especial Grace certain Knowledge and mere motion, have thought fit to constitute and appoint, and by these Presents do constitute and appoint you the said Francis Bernard to be Our Cap” General and Governor in Chief in & over Our Province of Nova Caesarea or New Jersey, Viz: the Division of East and West New Jersey in America, which we have thought fit to reunite into one Province and settle under one entire Government.
And We do hereby require and command you to do and execute all things in due manner, that shall belong unto your said Command and the Trust We have reposed in you, according to the several owners and Directions granted or appointed you by this present Commission, and the Instructions and Authorities herewith given you, or by such further Powers, Instructions and Authorities as shall at any time here[1]after be granted or appointed you under Our Signet and Sign Manual or by Our Order in Our Privy Council, and according to such reasonable Laws and Statutes, as now are in Force, or hereafter shall be made and agreed upon by you, with the Advice and Consent of Our Council and the Assembly of Our said Province under your Government, in such manner and form as is hereafter expressed.
And Our Will and Pleasure is, that you the said Francis Bernard, after the Publication of these Our Letters Patents, do in the first Place take the oaths appointed to be taken by an Act passed in the first Year of Our late Royal Father’s Being, entitled, 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 that you make and subscribe the Declaration mentioned in an Act of Parliament made in the 25t.11 Year of the Reign of King Charles the Second, Entitled an Act for preventing Dangers which may happen from Popish Recusants, and likewise that you take the usual Oath for the due Execution of the office and Trust, of Our Captain General and Governor in Chief in and over Our said Province of Nova Caesarea or New Jersey; as well with regard to the due and impartial Administration of Justice, as otherwise; and further that you take the Oath required to be taken by Governors of Plantations to do their utmost, that the several Laws relating to trade and the Plantation be observed; which said Oaths and Declaration Our Council in Our sail Province or any three of the Members thereof, have hereby full Power and Authority, and are required to tender and administer unto you, and in your Absence to Our Lieutenant Governor, if there be any upon the Place; all which being duly performed. You shall administer to each of the Members of Our said Council, as also to Our Lieutenant Governor, if there be any upon the Place, the Oaths mentioned in the said Act, entitled, 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; You shall also cause them to make and subscribe the aforementioned Declaration, and administer to them the Oath for the due Execution of their Places and Trusts.
And We do hereby give and grant unto you full Power and Authority to suspend any of the Members of Our said Council, from sitting, voting and assisting therein, if you shall find just Cause for so doing.
And if it shall at any time happen, that by the Death, Departure out of Our Said Province, or suspension of any of Our said Councilors or otherwise, there shall be a Vacancy in Our said Council, any three whereof We do hereby appoint to be a Quorum; Our Will and Pleasure is, that you signify the same unto us by the first opportunity, that We may under Our Signet and Sign Manual constitute and appoint others in their Stead.
But that Our Affairs may not suffer at that Distance, for Want of a due Number of Councilors, if ever it shall happen that there be less than seven of them residing in Our said Province; We do hereby give & grant unto you the said Francis Bernard full Bower and Authority to choose as many Persons out of the Principal Freeholders, Inhabitants thereof, as will make up the full Number of Our Said Council to be seven, and no more; which Persons so chosen and appointed by you, shall be to all intents and purposes Councilors in Our said Province, until either they shall be confirmed by Us, or that by the Nomination of Others by Us under Our Sign Manual and Signet, Our said Council shall have seven or more Persons in it.
And We do hereby give and grant Unto You full Power & Authority, with the Advice and Consent of Our said Council, from time to time as need shall require, to summon and call general Assemblies of the aid Freeholders and Planters within your Government, in manner and form as shall be directed in Our Instructions, which shall be given you together with this Our Commission.
And Our Will and Pleasure is, that the Persons thereupon duly elected by the Major Part of the Freeholders of the respective Counties and Places, and so returned, shall, before their sitting, take the Oaths mentioned in the said Act, entitled, an Act for the further Security of His Maj. 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 the aforementioned declaration, or being of the people called Quakers, shall take the Affirmation, and make and subscribe the declaration appointed to be taken and made instead of the Oaths of Allegiance, Supremacy and Abjuration, by an Act passed within Our said Province of Nova Caesarea or New Jersey, in the first Year of our Reign, entitled, an Act prescribing the Forms of Declaration of Fidelity, the Effect of the Abjuration, Oath and Affirmation, instead of the Forms heretofore required in such Cases ; and for repealing the former Acts in the like Cases made & provided ; which Oaths, Affirmation & Declaration You shall commissionate fit Persons under Our Seal of Nova Caesarea or New Jersey to tender and administer unto them; and until the same shall be so taken, made & subscribed, no person shall be capable of sitting though elected, And We do hereby declare that the persons so elected and qualified shall be called and deemed the General Assembly of that Our Province.
And you the said Francis Bernard, with the Consent of Our said Council, [and] Assembly or the Major Bart of them respectively, shall have full Power and Authority to make, constitute and ordain Laws, Statutes and Ordinances for the public Peace, Welfare & good Government of Our said Province and of the People and Inhabitants thereof, and such others as shall resort thereto, and for the Benefit of Us, Our Heirs and Successors; which said Laws, Statutes and Ordinances are not to be repugnant, but as near as may be agreeable unto the Laws and Statutes of this Our Kingdom of Great Britain; provided that all such Laws, Statutes and Ordinances, of what Nature or duration so ever, be, within three Months or sooner after the making thereof, transmitted unto Us under Our Seal of Nova Caesarea or New Jersey, for Our Approbation or dis[1]allowance of the same, as also Duplicates thereof by the next Conveyance.
And in case any or all of the said Laws, Statutes and Ordinances (being not before confirmed by Us) shall at any time be disallowed and not approved, and so signified by Us, Our Heirs or Successors under Our or their Sign Manual and Signet, or by Order of Our or their Privy Council unto you the said Francis Bernard or to the Commander in Chief of Our said Province for the time being, then such and so many of the said Laws, Statutes and Ordinances as shall be so disallowed and not approved, shall from henceforth cease, determine and become utterly void and of none Effect, anything to the contrary thereof notwithstanding.
And to the end that nothing may be passed or done by Our Said Council or Assembly, to the Prejudice of us, Our Heirs and Successors, We Will & Ordain, that you the said Francis Bernard shall have and enjoy a Negative Voice in the making and passing of all Laws, Statutes and Ordinances, as aforesaid. And you shall and may likewise from time to time, as you shall judge it necessary, adjourn, prorogue and dissolve all General Assemblies, as aforesaid.
And Our further Will & Pleasure is, that you shall and may use and Keep the Public Seal of Our Province of Nova Caesarea or New Jersey, for sealing all things whatsoever that pass the Great Seal of Our Said Province under your Government.
And We do further give & grant unto you the said Francis Bernard full Power and Authority from time to time and at any time hereafter, by Yourself or by any other to be authorized by you in that behalf, to administer and give the abovementioned Oaths and Affirmations to all and every such Person and Persons as you shall think fit, who shall at any time or times pass into Our Said Province or shall be resident or abiding there.
And We do further by these Presents give and grant unto you the said Francis Bernard full Power and Authority with the Advice and Consent of Our said Council, to erect, constitute and appoint such & so many Courts of Judicature and public justice within Our said Province under your Government, as you and they shall think fit and necessary for the hearing and determining all causes, as well Criminal as Civil, according to Law and Equity, and for awarding of Execution thereupon, with all reasonable and necessary Powers, Authorities, Fees and Privileges belonging thereto; as also to appoint and commissionate fit Persons in the several parts of your Government to administer the Oaths mentioned in the aforesaid Act, Entitled, an Act for the further Security of Our 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 to tender and administer the afore[1]said Declarations and Affirmations unto such Persons belonging to the said Courts as shall be obliged to take the same.
And We do hereby authorize and empower You to constitute and appoint Judges (and in Cases requisite Commissioners of Oyer and Terminer,) Justices of the Peace, and other necessary Officers and Ministers in Our said Province for the better Administration of Justice and putting the Laws in Execution, and to administer or cause to be administered unto them such Oath or Oaths as are usually given for the due Execution and Performance of Offices and Places, and for the clearing of Truth in Judicial Causes.
And We do hereby give and grant unto you full Power and Authority where you shall see Cause, or shall judge any offender or offenders in criminal Matters, or for any Fines or Forfeitures due unto Us, fit Objects of Our Mercy, to pardon all such Offenders, and to remit all such Offences, Fines and Forfeitures, Treason and Willful Murder only excepted, in which Cases you shall likewise have Power upon extraordinary Occasions to grant Reprieves to the Offenders, until and to the Intent Our Royal Pleasure may be Known therein.
And We do by these Presents authorize and empower you to collate any Person or Persons to any Churches, Chapels or other Ecclesiastical Benefices within Our said Province, as often as any of them shall happen to be void.
And We do hereby give and grant unto you the said Francis Bernard by yourself or by your Captains and Commanders by you to be authorized, full Power and Authority to levy, arm, muster, command, and employ all Persons whatsoever residing within Our said Province of Nova Caesarea or New Jersey under your Government, and, as Occasion shall serve, to march from one place to another, or to embark them for the resisting and withstanding of all Enemies, Pirates and Rebels, both at Sea and Land, and to transport such Forces to any of Our Plantations in America (if necessity shall require) for the Defense of the same against the invasion or Attempts of any of Our Enemies, and such Enemies, Pirates and Rebels, if there shall be occasion, to pursue and prosecute in or out of the Limits of Our said Province and Plantations or any of them; and, if it shall so please God, them to vanquish, apprehend and take, and being taken either according to Law to put to Death, or Keep and preserve alive at your Discretion, & to execute Martial Law in time of Invasion or other times when by Law it may be executed, and to do and execute all and every other thing and things which to Our Captain General and Governor in Chief doth or ought of Right to belong.
And We do hereby give and grant unto you full Power & Authority, by and with the Advice and Con[1]sent of Our said Council, to erect, raise and build in Our said Province of Nova Caesarea or New Jersey such and so many Forts and Platforms, Castles, Cities, Boroughs, Towns and Fortifications, as You by the Advice aforesaid shall judge necessary; and the same or any of them to fortify and furnish with Ordnance, Ammunition, and all sorts of Arms fit and necessary for the security & Defense of our said Province, and by the Advice aforesaid the same again or any of them to demolish or dismantle as may be most convenient.
And for as much as divers Mutinies and Disorders may happen by Persons shipped and employed at Sea, during the time of War, and to the end that such as shall be shipped & employed at Sea during the time of War, may be better governed and ordered; We do hereby give and grant unto You the said Francis Bernard full Bower 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, according to the Directions of an Act passed in the 22nd year of Our Reign, entitled, an Act for amending, explaining and reducing into one Act of Parliament the Laws relating to the Government of his Majestys’ Ships, Vessels and Forces by Sea; and to use such proceedings, Authorities, Punishments, Corrections and Executions upon any offenders, who shall be Mutinous, Seditious, Dis[1]orderly or any way unruly, either at Sea or during the time of their Abode or Residence in any of the Ports, Harbours, or Bays of Our said Province, as the Cause shall be found to require, according to Martial Law and the said Directions, during the time of War, as aforesaid, Provided that nothing here in 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 Havens, Rivers or Creeks of Our said Province under your Government, by any Captain, Commander Lieutenant, Master, officer, Seaman, Soldier or other Person whatsoever, who shall be in actual Service and pay, in or on Board any of Our Ships of War or other Vessels acting by immediate Commission or Warrant from our Commissioners for executing the office of Our High Admiral, or from Our High Admiral of Great Britain for the time being under the Seal of Our admiralty; but that such Captain, Commander, Lieu[1]tenant, Master, officer, Seaman, Soldier, or other Person so offending, shall be left to be proceeded against and tried as their offences shall require; either by Commission under Our Great Seal of Great Britain, as the Statute of the 28th of Henry the eight directs; or by Commission from Our said Commissioners for executing the office of Our High Admiral; or from Our High Admiral of Great Britain for the time being, according to the aforementioned Act for amending, explaining and reducing into one Act of parliament the Laws relating to the Government of His Majesties Ships, Vessels and Forces by Sea, and not otherwise.
Provided nevertheless that all Disorders and that Misdemeanors committed on Shore by any Captain, Commander, Lieutenant, Master, officer, Seaman, Soldier or other Person whatsoever, belonging to any of Our Ships of War or other Vessels acting by immediate Commission or Warrant from Our said Commissioners for executing the office of Our High Admiral, or from Our High Admiral of Great Britain for the time being under the Seal of Our Admiralty may be tried and punished according to the Law of the place where any such Disorders, offences and Misdemeanors shall be committed on Shore, notwithstanding such offender be in Our actual Service and born in Our Bay on Board any such Our Ships of War or other Vessels acting by immediate Commission or Warrant from Our said Commissioners for executing the office of Our High Admiral or from Our High Admiral of Great Britain for the time being as aforesaid, so as he shall not receive any protection for the avoiding Justice for such offences committed on Shore, from any pretense of his being employed in Our Service at Sea.
Our further Will & Pleasure is, that all public Money raised or which shall be raised by any Act hereafter to be made within Our said Province, be issued out by Warrant from You, by and with the advice & Consent of Our Council, and disposed of by you for the Support of the Government, and not otherwise.
And We do hereby give you the said Francis Bernard full Power and Authority to order and appoint Fairs, Marts and Markets, as also such and so many Ports, Harbours, Bays, Havens and other Places for the Convenience and Security of Shipping and for the better 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 & Ministers Civil and Military, and all other Inhabitants of Our said province to be obedient, aiding and assisting unto you the said Francis Bernard in the execution of this Our Commission, and of 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 unto such Person as shall be appointed by Us to be Our Lieutenant Governor or Commander in Chief of Our said province, to whom We do therefore by these presents give and grant all and singular the powers and Authorities herein granted to be by him executed & 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 commissioned or appointed by us to be Our Lieutenant Governor or Commander in Chief of Our said province, Our Will & Pleasure is, that the eldest Councilor whose name is first placed in Our said Instructions to you, and who shall be at the time of your Death or Absence residing within Our said province of New Jersey, shall take upon him the Administration of the Government, & execute Our said Commission and Instructions and the several Powers and Authorities therein contained, in the same Manner and to all Intents and purposes as other Our Governor or Commander in Chief of Our said province should or ought to do, in Case of your Absence until you return, or in all Cases until Our further Pleasure be Known therein.
And We do hereby declare, ordain and appoint, that you the said Francis Bernard shall and may hold, exe[1]cute and enjoy the office & Place of Our Captain General and Governor in Chief in and over Our province of Nova Caesarea or New Jersey, together with all and Singular the Powers and Authorities hereby granted unto you for and during Our Will and Pleasure. In Witness Whereof We have caused these our Letters to be made Patents. Witness Our self at Westminster the ——- day of —— 1758 in the thirty first year of Our Reign. And for so doing this shall be your Warrant. Given at Our Court at St. James’s the ——- day of —— 1758 in the thirty first year of Our Reign.
Author Footnotes
In a pamphlet published by Governor Bernard in London in 1774, he quotes from addresses of the Massachusetts Legislature to himself to show that the kindliest relations existed between him and them until he attempted to enforce the stamp act in 1765, which, by the way, he says he was opposed to passing. In June, 1769, that legislature petitioned the king for his removal, on charges almost purely political, and in August he sailed for England to contest the matter, with such success, that in March, 1770, the petition was dismissed by his Majesty’s privy council.
Select Letters on the Trade and Government of America, etc., by Governor Bernard, London, 1774, pp. 89-130. However, he never returned to America. He had some time before this been knighted.
” At such times you will see a Governor of a Province, for unwearied industry in his endeavors to ruin and destroy the people, whose welfare he was under every moral obligation to study and promote, knighted and ennobled.”—Works, 11,251. The summary sketch of Governor Bernard, given by Mr. Adams in his ” Novangtus,” is interesting, though unjustly severe: ” Bernard was the man for the purpose of the Junto.
John Adams stated bitterly…..
Educated in the highest principles of monarchy; naturally daring and courageous; skilled enough in law and policy to do mischief, and avaricious to a most infamous degree; needy, at the same time, and having a numerous family to provide for, he was an instrument suitable in every respect, excepting one, for this Junto to em[1]ploy. The exception I mean was blunt frankness, very opposite to that cautious cunning, that deep dissimulation, to which they had, by long practice, disci[1]plined themselves. However, they did not despair of teaching him this necessary artful quality by degrees, and the event showed that they were not wholly unsuccessful in their endeavors to do it.”—Works, IV, 21.—W, N.
Additional Information
Additional Mr. Local History Project posts about the life of Sir Francis Bernard can be found by clicking here.
For the complete book including this extract, the book is called Documents Relating to the Colonial History of the State of New Jersey. Special thanks go out to the New Jersey Archives for presenting us with this document.
