The case put & decided by George Fox, George Whitehead, Stephen Crisp, and other the most antient & eminent Quakers, 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 molded to the pallate of the said Samuell, the light, the truth, the justice and infallibility of these great Friends are arraigned by him and his accomplices. : Also, several remarks and annimadversions on the same award, setting forth the premises. With some reflections on the sensless opposition of these men against the present governour, and their daring audatiousness in their presumptuous affecting an authority here over the parliament of England. : Published for the information of the impartial and considerate, particularly such as worship God, and profess Christianity, not in faction and hypocrisie, but in truth and sincerety. : [Seven lines of Scripture texts]

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,

Iſa. 30 1.

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,

Iſa. 47. • 0.

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,

v. 11.

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 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.

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 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 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.

London, this 15 of 8. mo. when the Original Judgment and Advice of Friend • 〈…〉 . A true Copy, witn • ſsMarke Sw •• ner. 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.

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.

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. Impartial Reader;

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, & 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 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 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 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 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 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 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.

FINIS.