APPENDIX

 

NUMBER I

 

The concessions and agreement of the lords proprietors of the province of

New-Caesarea, or New-Jersey, to and with all and every of the adventurers,

and all such as shall settle or plant there. [A.D. 1664]

 

IMPRIMIS, We do consent and agree, that the governor of the said province

hath power, by the advice of his council, to depute one in his place and

authority, in case of death or removal, to continue until our further

order, unless we have commissioned one before.

 

2. Item. That he hath likewise power to make choice of; and take to him six

councellors at least, or twelve at most, or any even number betwixt six and

twelve, with whose consent and advice, or with at least three of the six,

or four of a greater number (all being summon'd) he is to govern according

to the limitations and instructions following, during our pleasure.

 

3. Item. That the chief secretary or register which we have chosen, or

shall choose, (we failing) that he shall choose, shall keep exact entries

in fair books, of all publick affairs: And to avoid deceits and lawsuits,

shall record and enter all grants of land from the lords to the planters;

and conveyances of land, house or houses, from man to man, as also all

leases for land, house or houses, made or to be made by the landlord to

any tenant, for more than one year; which conveyance or lease shall be

first acknowledged by the grantor or lessor, or proved by the oath of two

witnesses to the lease or conveyance, before the governor, or some chief

judge of a court, for the time being, who shall under his hand, on the

backside of the said deed or lease, attest the acknowledgement or proof as

aforesaid; which shall be a warrant for the register to record the same:

Which conveyance so recorded shall be good and effectual in law,

notwithstanding any other conveyance, deed or lease for the said land,

house or houses, or for any part thereof; altho' dated before the

conveyance, deed or lease, recorded as aforesaid: And the said register

shall do all other thing or things that we by our instructions shall

direct, and the governor, council and general assembly shall ordain, for

the good and welfare of the said province.

 

4. Item. That the surveyor general that we have chosen or shall choose, (we

failing that the governor shall choose) shall have power by himself or

deputy, to survey, lay out and bound all such lands as shall be granted

from the lords to the planters; and all other lands within the said

province, which may concern particular men, as he shall be desired to do,

and a particular account thereof certify to the register, to be recorded

as aforesaid. Provided, that if the said register and surveyor, or either

of them, shall misbehave themselves, as that the governor and council, or

deputy governor and council, or the major part of them, shall find it

reasonable to suspend their actings in their respective employments, it

shall be lawful for them so to do, until further orders from us.

 

5. Item. That the governor, councillors, assembly men, secretary,

surveyor, and all other officers of trust, shall swear or subscribe (in a

book to be provided for that purpose) that they will bear true allegiance

to the king of England, his heirs and successors; and that they will be

faithful to the interests of the lords proprietors of the said province,

and their heirs, executors and assigns; and endeavour the peace and

welfare of the said province; and that they will truly and faithfully

discharge their respective trust, in their respective offices, and do equal

justice to all men, according to their best skill and judgment, without

corruption, favour or affection; and the names of all that have sworn or

subscribed, to be entered in a book: And whosoever shall subscribe and not

swear, and shall violate his promise in that subscription, shall be liable

to the same punishment that the persons are or may be, that have sworn or

broken their oaths.

 

6. Item. That all persons that are or shall become subjects of the king of

England, and swear or subscribe allegiance to the king, and faithfulness

to the lords, shall be admitted to plant, and become freemen of the said

province, and enjoy the freedoms and immunities hereafter expressd, until

some stop or contradiction be made by us the lords, or else the governor,

council aad assembly; which shall be in force until the lords see cause to

the contrary: Provided, that such stop shall not any ways prejudice the

right or continuance of any person that have been received before such

stop or orders come from the general assembly.

 

7. Item. That no person qualified as aforesaid, within the said province,

at any time shall be any ways molested, punished, disquieted or called in

question, for any difference in opinion or practice in matters of

religious conceruments, who do not actually disturb the civil peace of the

said province; but that all and every such person and persons, may, from

time to time, and at all times, freely and fully have and enjoy his and

their judgments and consciences, in matters of religion, throughout the

said province, they behaving themselves peaceably and quietly, and not

using this liberty to licentiousness, nor to the civil injury or outward

disturbance of others; any law, statute or clause contained, or to be

contained, usage or custom of this realm of England, to the contrary

thereof in any wise notwithstanding.

 

8. Item. That no pretence may be taken by our heirs or assigns, for or by

reason of our right of patronage and power of advouson granted by his

majesty's letters patents, unto his royal highness James duke of York, and

by his said royal highness unto us, thereby to infringe the general cause

of liberty of conscience aforementioned: We do hereby grant unto the

general assembly of the said province, power by act, to constitute and

appoint, such and so many ministers or preachers as they shall think fit,

and to establish their maintenance, giving liberty beside to any person or

persons to keep and maintain what preachers or ministers they

please.

 

9. Item. That the inhabitants being freemen, or chief agents to others of

the province aforesaid; do, as soon as this our commission shall arrive,

by virtue of a writ, in our names, by the governor, to be for the present

(until our seal comes) sealed and signed, make choice of twelve deputies

or representatives, from amongst themselves; who being chosen, are to join

with the said governor and council, for the making of such laws,

ordinances and constitutions as shall be necessary for the present good

and welfare of the said province: But so soon as parishes, divisions,

tribes, and other distinctions are made, that then the inhabitants or

freeholders of the several respective parishes, tribes, divisions and

districtions aforesaid, do by our writs, under our seals, (which we ingage

shall be in due time issued) annually meet on the first day of January,

and choose free-holders for each respective division, tribe or parish, to

be the deputies or representatives of the same: Which body of

representatives, or the major part of them, shall, with the governor and

council aforesaid, be the general asaembly of the said province; the

governor or his deputy being present, unless they shall wilfully refuse;

in which case they may appoint themselves a president during the absence

of the governor, or the deputy governor.

 

Which assemblies are to have power.

 

First. To appoint their own time of meeting, and to adjourn their sessions

from time to time, to such times and places as they shall think

convenient; as also to ascertain the number of their quorum; provided, the

said number be not less than the third part ot the whole, in whom (or

more) shall be the full power of the general assembly.

 

Secondly. To enact and make all such laws, acts and constitutions as shall

be necessary for the well government of the said province, and them to

repeal: Provided, that the same be consonant to reason, and as near as may

be, conveniently agreeable to the laws and customs of his majesty's

kingdom of England: Provided also, that they be not against the interest

of us the lords proprietors, our heirs or assigns, nor any of those our

concessions, especially that they be not repugnant to the article for

liberty of conscience abovementioned; which laws, &c. so made, shall

receive publication from the governor and council, (but as the laws of us

and our general assembly) and be in force for the space of one year, and

no more; unless contradicted by the lords proprietors; within which time,

they shall be presented to us, our heirs, &c. for our ratification; and

being confirmed by us, they shall be in continual force, 'till expired by

their own limitation, or by act of repeal, in like manner to be passed as

aforesaid, and confirmed.

 

Thirdly. By act as aforesaid, to constitute all courts, together with the

limits, powers and jurisdictions of the same, as also the several offices,

and number of the officers belonging to each court, with their respective

salaries, fees, and perquisites, their appellations and dignities, with

the penalties that shall be due to them, for the breach of their several

and respective duties and trusts.

 

Fourthly. By act as aforesaid, to lay equal taxes and assessments equally

to raise monies or goods upon all lands (except such as belong to us the

lord proprietors before settling) or persons within the several precincts,

hundreds, parishes, manors, or whatsoever other divisions shall hereafter

be made, and established in the said province as often as necessity shall

require, and in such manner as to them shall seem most equal and easy for

the said inhabitants, in order to the better supporting of the publick

charge of the said government and for the mutual safety, defence, and

security of the said province.

 

Fifthly. By act as aforesaid, to erect within the said province, such and

so many manors, with their necessary courts, jurisdictions, freedoms and

privileges, as to them shall seem meet and convenient; as also to divide

the said province into hundreds, parishes, tribes, or such other divisions

and districtions as they shall think fit, and the said divisions, to

distinguish by what names we shall order or direct, and in default

thereof; by such names as they please; as also in the said province to

create and appoint such and so many ports harbours, creeks and other

places, for the convenient loading and unloading of goods and merchandize,

out of ships, boats and other vessels, as shall be expedient with such

jurisdictions, privileges and franchises, to such ports &c. belonging, as

they shall judge most conducing to the general good of the said plantation

or province.

 

Sixthly. By their enacting, to be confirmed as aforesaid, to erect, raise

and build within the said province, or any part thereof; such and so many

forts, fortresses, castles, cities, corporations, boroughs, towns,

villages, and other places of strength and defence, and them or any of

them, to incorporate with such charters and privileges, as to them shall

seem good, and the grant made unto us, will permit; and the same, or any

of them, to fortify and furnish with such provisions and proportions of

ordnance, powder, shot, armour, and all other weapons, ammunition and

habiliments of war, both offensive and defensive, as shall be thought

necessary and convenient for the safety and welfare of the said province;

but they may not at any time demolish, dismantle, or disfurnish the same,

without the consent of the governor and the major part of the council of

the said province.

 

Seventhly. By act as aforesaid, to constitute trained bands and companies,

with the number of soldiers, for the safety, strength, and defence of the

said province, and of the forts, castles, cities, &c. to suppress all

mutinies and rebellions, to make war offensive and defensive, with all

Indians, strangers and foreigners, as they shall see cause; and to pursue

an enemy as well by sea as by land (if need be) out of the limits and

jurisdictions of the said province, with the particular consent of the

governor, and under his conduct, or or our commander in chief; or whom

he shall appoint.

 

Eighthly. By act aforesaid, to give to all strangers, as to them shall

seem meet, a naturalization, and all such freedoms and privileges within

the said province, as to his majesty's subjects do of right belong they

swearing or subscribing as aforesaid; which said strangers, so naturalized

and privileged, shall be in all respects accounted in the said province as

the king's natural subjects.

 

Ninthly. By act as aforesaid, to prescribe the quantities of land which

shall be from time to time allotted to every head, free or servant, male

or female, and to make or ordain rules for the casting of lots for land,

and the laying out of the same: Provided, that they do not in their

prescriptions, exceed the several proportions which are hereby granted by

us, to all persons arriving in the said province, or adventuring thither.

 

Tenthly. The general assembly, by act as aforesaid, shall make provision

for the maintenance and support of the governor, and for the defraying of

all necessary charges of the government; as also the constables of the

said province, shall collect the lords rent, and shall pay the same to the

receiver that the lords shall appoint to receive the same; unless the said

general assembly shall prescribe some other way whereby the lords may have

their rents duly collected, without charge or trouble to them.

 

Eleventhly, and lastly. To enact, constitute and ordain, all such other

laws, acts and constitutions, as shall or may be necessary for the good

prosperity and settlement of the said province (excepting what by these

presents is excepted) and conforming to the limitations herein exprest.

 

The governor is with his council before expressed,

 

First. To see that all courts established by the laws of the general

assembly, and all ministers and officers, civil and military, do and

execute their several duties and offices respectively, according to the

laws in force, and to punish them for swerving from the laws, or acting

contrary to their trust, as the nature of their offences shall require.

 

Secondly. According to the constitution of the general assembly, to

nominate and commissionate the several judges, members and officers of

courts, whether magistratical or ministerial, and all other civil

officers, coroners, &c. and their commissions, powers and authority, to

revoke at pleasure. Provided, that they appoint none but such as are

freeholders in the province aforesaid, unless the general assembly consent.

 

Thirdly. According to the constitution of the general assembly, to appoint

courts and officers, in cases criminal, and to impower them to inflict

penalties upon offenders against any of the laws in force in the said

province, as the said laws shall ordain; whether by fine, imprisonment,

banishment, corporal punishment, or to the taking away of member or life

itself; if there be cause for it.

 

Fourthly. To place officers and soldiers for the safety, strength and

defence of the forts, castles, cities, &c. according to the number

appointed by the general assembly; to nominate, place and commissionate

all military officers under the dignity of the said governor, who is

commissionated by us, over the several train'd bands and companies,

constituted by the general assembly, as colonels, captains, &c. and their

commissions to revoke at pleasure: The governor, with the advice of his

council, unless some present danger will not permit him, to advise to

muster and train all forces within the said province, to prosecute war,

pursue an enemy, suppress all rebellions and mutinies, as well by sea as

land; and to exercise the whole militia, as fully as we by the grant from

his royal highness can impower them to do: Provided, that they appoint no

military forces but what are freeholders in the said province, unless the

general assembly shall consent.

 

Fifthly. Where they see cause, after condemnation, to reprieve, until the

case be presented, with a copy of the whole trial, proceedings and proofs,

to the lords, who will accordingly either pardon or command execution of

the sentence on the offender; who is in mean time to be kept in safe

custody, 'till the pleasure of the lords be known.

 

Sixthly. In case of death or other removal of any of the representatives

within the year, to issue summons, by writ, to the respective division or

divisions for which he or they were chosen, commanding the freeholders of

the same to choose others in their stead.

 

Seventhly. To make warrants and seal grants of lands, according to those

our concessions and the prescriptions by the advice of the general

assembly, in such form as shall be at large set down in our instructions

to the governor, in his commission, and which are hereafter expressed.

 

Eighthly. To act and do all other things that may conduce to the safety,

peace and well government of the said province, as they shall see fit; so

as they be not contrary to the laws of the said province.

 

And for the better security of all the inhabitants in the said province.

 

First. They are not to impose, nor suffer to be imposed, any tax, custom,

subsidy, tallage, assessment, or any other duty whatsoever, upon any

colour or pretence, upon the said province and inhabitants thereof; other

than what shall be imposed by the authority and consent of the general

assembly, and them only in manner as aforesaid.

 

Secondly. They are to take care, that lands quietly held, planted and

possessed seven years after its being duly surveyed by the surveyor

general, or his order, shall not be subject to any review, re-survey or

alteration of bounds, on what pretence soever, by any of us, or any

officer or minister under us.

 

Thirdly. They are to take care, that no man, if his cattle stray or range,

or graze, on any ground within the said province, not actually

appropriated or set out to particular persons, shall be liable to pay any

trespass for the same, to us, our heirs, or executors. Provided, that

custom of commons be not thereby pretended to, nor any person hindered

from taking up and appropriating any lands so grazed upon, and that no

person do purposely suffer his cattle to graze on such lands.

 

And that the planting of the said province may be the more speedily

promoted.

 

First. We do hereby grant unto all persons who have already adventured

into the said province of New-Caesaria, or New-Jersey, or shall transport

themselves or servants before the first of day January, which shall be in

the year of our lord, 1665, these following proportions, viz. To every

freeman that shall go with the first governor from the port where he

embarks (or shall meet him at the rendezvous he appoints) for the

settlement of a plantation, there armed with a good musket, bore twelve

bullets to the pound, with ten pounds of powder and twenty pounds of

bullets, with bandaliers and matches convenient, and with six months

provision; for his own person arriving there, one hundred and fifty acres

of land, English measure; and for every able man servant, that he shall

carry with him, armed and provided as aforesaid, and arriving there, the

like quantity of one hundred and fifty acres of land, English measure; and

whosoever shall send servants at that time, shall have, for every able man

servant he or she shall send armed and provided as aforesaid, and arriving

there, the like quantity of one hundred and fifty acres; and for every

weaker servant or slave, male or female, exceeding the age of fourteen

years, which any one shall send or carry, arriving there, seventy five

acres of land; and to every christian servant, exceeding the age

aforesaid, after the expiration of their time of service, seventy five

acres of land for their own uses.

 

Secondly, Item. To every master or mistress, that shall go before the

first day of January, which shall be in the year of our lord 1665, one

hundred and twenty acres of land; and for every able man servant, that he

or she shall carry or send armed and provided as aforesaid, and arriving

within the time aforesaid, the like quantity of one hundred and twenty

acres of land; and for every weaker servant or slave, male or female,

exceeding the age of fourteen years, arriving there, sixty acres of land;

and to every christian servant, to their own use and behoof; sixty acres

of land.

 

Thirdly, Item. To every free man or free woman, that shall arrive in the

said province, armed and provided as aforesaid, within the second year,

from the first day of January 1665, to the first day of January 1666, with

an intention to plant, 90 acres of land, English measure; and for every

able man servant, that he or she shall carry or send armed and provided as

aforesaid, ninety acres of land like measure.

 

Fourthly, Item. For every weaker servant or slave, aged as aforesaid, that

shall be so carried or sent thither within the second year, as aforesaid,

forty-five acres of land of like measure; and to every christian servant

that shall arrive the second year, forty-five acres of land of like

measure, after the expiration of his or their time of service, for their

own use and behoof.

 

Fifthly, Item. To every free man and free woman, armed and provided as

aforesaid, that shall go and arrive with an intention to plant, within the

third year, from January 1666, to January 1667, armed and provided as

aforesaid, three score acres of land of like measure; and for every able

man servant, that he or they shall carry or send within the said time,

armed and provided as aforesaid, the like quantity of three score acres of

land; and for every weaker servant or slave, aged as aforesaid, that he or

they shall carry or send within the third year, thirty acres of land; and

to every christian servant so carried or sent in the third year, thirty

acres of land of like measure, after the expiration of their time of

service. All which land, and all other that shall be possessed in the said

province, are to be held on the same terms and conditions as is before

mentioned, and as hereafter in the following paragraphs is more at large

expressed. Provided always, that the before mentioned land and all other

whatsoever, that shall be taken up and so settled in the said province,

shall afterward from time to time for the space of thirteen years, from

the date hereof; be held upon the conditions aforesaid, continuing one

able man servant or two such weaker servants as aforesaid, on every

hundred acres a master or mistress shall possess, besides what was granted

for his or her own person; in failure of which, upon other disposure to

the present occupant, or his assigns, there shall be three years giving to

such for their compleating the said number of persons, or for their sale

or dispositions of such part of their lands, as are not so peopled within

such time of three years: If any such person holding any land, shall fail,

by himself his agents, executors or assigns, or some other way to provide

such number of persons, unless the general assembly shall without respect

to poverty, judge it was impossible for the party so failing, to keep or

procure his or her number of servants to be provided for as aforesaid; in

such case, we the lords to have power of disposing of so much of such land

as shall not be planted with its due number of persons as aforesaid, to

some others that will plant the same. Provided always, that no person

arriving in the said province, with purpose to settle (they being subjects

or naturalized as aforesaid) be denied a grant of such proportions of

land, as at the time of their arrival there are due to themselves or

servants, by concession from us as aforesaid; but have full licence to

take up and settle the same, in such order and manner as is granted or

prescrib'd. All lands (notwithstanding the powers in the assembly

aforesaid) shall be taken up by warrant from the governor, and confirmed

by the governor and council, under a seal to be provided for that purpose,

in such order and method, as shall be set down in this declaration, and

more at large in the instruction to the governors and council.

 

And that the lands may be the more regularly laid out, and all persons the

better ascertained of their titles and possession.

 

First. The governor and council and general assembly, (if any be) are to

take care, and direct that all lands be divided by general lots, none less

than two thousand one hundred acres, nor more than twenty-one thousand

acres in each lot, excepting cities, towns, &c. and the near lots of

townships; and that the same be divided into seven parts; one seventh part

to us, our heirs and assigns; the remainder to persons as they come to

plant the same, in such proportions as is allowed.

 

Secondly, Item. That the governor, or whom he shall depute, in case of

death or absence, if some be not before commissionated by us as aforesaid,

to give to every person to whom land is due, a warrant, signed and sealed

by himself; and the major part of his council, and directed to the

surveyor general, or his deputy, commanding him to lay out, limit and

bound [intentional space here] acres of land, (as his due proportion) is

for such a person, in such allotment, according to the warrant; the

register having first recorded the same, and attested the record upon the

warrant: The surveyor general, or his deputy, shall proceed and certify to

the chief secretary or register, the name of the person for whom he hath

laid out land, by virtue of what authority, the date of the authority or

warrant, the number of acres, the bounds, and on what point of compass the

several limits thereof lye; which certificate the register is likewise to

enter in a book to be prepared for that purpose, with an alphabetical

table, referring to the book, that so the certificate may be the easier

found; and then to file the certificates, and the same to keep safely: The

certificate being entered, a warrant comprehending all the particulars

of land mentioned in the certificate aforesaid, is to be signed and sealed

by him and his council, or the major part of them as aforesaid, they

having seen the entry, and directed to the register or chief secretary,

for his preparing a grant of the land to the party for whom it is laid

out; which grant shall be in the form following, viz.

 

"The lords proprietors of the province of New-Caesaria, or New-Jersey, do

hereby grant unto A. B. of the [town, settlement, etc.] in the province

aforesaid, a plantation, containing [specific number of] acres, English

measure; bounding as in the certificate, to hold to him or her, his or her

heirs and assigns for ever, yielding and paying yearly unto the said lords

proprietors, their heirs or assigns, every twenty fifth day of March,

according to the English accompt, one half penny of lawful money of

England, for every of the said acres, to be holder, as of the manor of

East Greenwich, in free and common socage, the first payment of which

rents to begin the 25th day of March, which shall be in the year of our

lord 1670, according to the English accompt. Given under the seal of the

said province, the [number] day [of named month] in the year of our lord

166[ ]."

 

To which instrument the governor or his deputy, hath hereby full power to

put the seal of the said province, and to subscribe his name; as also the

council, or major part of them, are to subscribe their names, and then the

instrument or grant is to be by the register recorded in the book of

records for that purpose; all which being done according to these

instructions, we hereby declare, that the same shall be effectual in law,

for the enjoyment of the said plantation, and all the benefits and profits

of and in the same, (except the half part of mines of gold and silver,)

paying the rent as aforesaid: Provided, that if any plantation so granted,

shall by the space of three years, be neglected to be planted with a

sufficient number of servants as is before mentioned, that then it shall

and may be lawful for us otherwise to dispose thereof, in whole or in

part, this grant notwithstanding.

 

Thirdly, Item. We do also grant convenient proportions of land for

highways and streets, not exceeding one hundred feet in breadth in cities,

towns and villages, &c. and for churches, forts, wharffs, keys, harbours,

and for publick houses, and to each parish for the use of their ministers,

two hundred acres, in such places as the general assembly shall appoint.

 

Fourthly, Item. The governor is to take notice, that all such lands laid

out for the uses and purposes aforesaid, in the next preceding article,

shall be free and exempt from all rents, taxes and other charges and

duties whatsoever, payable to us, our heirs or assigns.

 

Fifthly, Item. That in laying out lands for cities, towns, villages,

boroughs, or other hamlets, the said lands be divided into seven parts,

one seventh part whereof to be by lot laid out for us, and the rest to be

divided to such as shall be willing to build thereon, they paying after

the rate of one penny or half penny per acre, (according to the value of

the land) yearly to us, as for their other lands as aforesaid; which said

lands in the cities and towns, &c. is to be assured to each possessor by

the same way and instrument, as is before mentioned.

 

Sixthly, Item. That all rules relating to the building of each street, or

quantity of ground to be allotted to each house within the said respective

cities, boroughs and towns, be wholy left, by act as aforesaid, to the

wisdom and discretion of the general assembly.

 

Seventhly, Item. That the inhabitants of the said province have free

passage thro' or by any seas, bounds, creeks, rivers, or rivulets &c. in

the said province, through or by which they must necessarily pass to come

from the main ocean to any part of the province aforesaid.

 

Eighthly and lastly. It shall be lawful for the representatives of the

freeholders, to make any address to the lords, touching the governor or

council, or any of them, or concerning any grievance whatsoever, or for

any other thing they shall desire, without the consent of the governor and

council, or any of them. Given under our seal of our said province, the

10th day of February, in the year of our lord 1664.

BERKELEY,

G. CARTERET.

 

 

 

NUMBER II.

The concessions and agreements of the proprietors, freeholders and

inhabitants of the province of West New-Jersey, in America [1676].

 

CHAP. I.

 

We do consent and agree as the best present expedient, that such persons as

shall be from time to time deputed, nominated and appointed commissioners

by the present proprietors, or the major part of them, by writing under

their hands and seals, shall be commissioners for the time being, and have

power to order and manage the estate and affairs of the said province of

West New-Jersey, according to these our concessions hereafter following,

and to depute others in their place and authority in case of death or

removal, and to continue until some other persons be deputed, nominated

and appointed by the said proprietors or the major part of them, to

succeed them in that office and service. And the commissioners for the

time being, are to take care, for setting forth and dividing all the lands

of the said province as be already taken up, or by themselves shall be

taken up and contracted for with the natives; and the said lands so taken

up and contracted for, to divide into one hundred parts, as occasion shall

require; that is to say, for every quantity of land that they shall from

time to time lay out to be planted and settled upon, they shall first, for

expedition, divide the same into ten eqial parts or shares, and for

distinction sake, to mark in the register, and upon some of the trees

belonging to every tenth part, with the letters A. B. and so end at the

letter K. And after the same is so divided and marked, the said

commissioners are to grant unto Thomas Hutchinson, of Beverly, Thomas

Pearson, of Bonwicke, Joseph Helmsly, of Great Kelke, George Hutchinson,

of Sheffield, and Mahlon Stacy, of Hansworth, all of the county of York,

or their lawful deputies, or particular commissioners, for themselves and

their friends, who are a considerable number of people, and many speedily

promote the planting of the said province.

 

That they may have free liberty to make choice of any one of the said

tenth parts or shares, which shall be first divided and set out, being

also done with their consent, that they may plant upon the same as they

see meet; and afterward any other person or persons who shall go over to

inhabit, and have purchased to the number of ten proprieties, they shall

and may have liberty to make choice of any of the remaining parts or

shares to settle in: And all other proprietors who shall go over to settle

as aforesaid, and cannot make up amongst them the number of ten

proprietors; yet nevertheless, they shall and may have liberty to make

choice of settling in any of the said tenth shares, that shall not be

taken up before: And the commissioners have hereby power to see the said

one tenth part, that they shall so mnke choice of, laid out and divided

into ten proprieties, and to allot them so many proprieties out of the

same as they have order for; and the said commissioners are to follow

these rules, until they receive contrary order from the major part of the

proprietors, under their hands and seals.

 

The said commissioners for the time being, have hereby power for appointing

and setting out fit places for towns, and to limit the boundaries thereof;

and to take care they be as regular built as the present occasion, time,

and conveniency of the places will admit of. And that all towns to be

erected and built, shall be with the consent of the commissioners for the

time being, or the major part of them. And further, the said commissioners

are to order the affairs of the said province, according to these

concessions, and any other instructions that shall be given them by the

major part of the proprietors, until such time as more or other

commissioners shall be chosen by the inhabitants of West-Jersey, as here

in these concessions is mentioned and appointed.

 

And it is further expressly provided and agreed to, that whereas there is a

contract or agreement granted by William Penn, Gawen Lawrie and Nicholas

Lucas, unto Thomas Hutchinson, Thomas Pearson, Joseph Helmsly, George

Hutchinson and Mahlon Stacy, dated the second day of the month called

March, 1676, instant, wherein they grant unto the said persons, certain

privileges for a town to be built, whereby they have liberty to choose

their own magistrates and officers for executing the laws according to the

concessions within the said town; which said contract or agreement is to

be held firm and good to all intents and purposes, and we do by these our

concessions confirm the same.

 

 

CHAP. II.

And that all and every person and persons, may enjoy his and their just and

equal propriety and purchase of lands, in the said province; it is hereby

agreed, concluded and ordained, that the surveyor or surveyors, that the

said proprietors have deputed and appointed, or shall depute and appoint;

they failing, that the commissioners shall depute and appoint, or that the

general free assembly hereafter shall depute and appoint, shall have power

by him or themselves, or his or their lawful deputy or deputies, to

survey, lay out or bound, all the proprietors lands, and all such lands as

shall be granted from any of the proprietors to the freeholders, planters,

or inhabitants, and a particular or terrior thereof, to certify to the

register, to be recorded.

 

 

CHAP. III.

That hereafter upon further settlement of the said province, the

proprietors, freeholders, and inhabitants, resident upon the said

province, shall and may, at or upon the five and twentieth day of the

month called March, which shall be in the year according to the English

account, one thousand six hundred and eighty; and so thence forward, upon

the five and twentieth day of March yearly, by the ninth hour in the

morning of the said day, assemble themselves together, in some publick

place to be ordered and appointed by the commissioners for the time

being; and upon default of such appointment, in such place as they shall

see meet, and then and there elect of and amongst themselves, ten honest

and able men, fit for government, to officiate and execute the place of

commissioners for the year ensuing, and until such time as ten more for

the year then next following, shall be elected and appointed: Which said

elections shall be as followeth, that is to say, the inhabitants each ten

of the one hundred proprieties, shall elect and choose one, and the one

hundred proprieties shall be divided into ten divisions or tribes of men.

 

And the said elections shall be made and distinguished by balloting

trunks, to avoid noise and confusion, and not by voices, holding up of the

hands, or otherwise howsoever: Which said commissioners so yearly to be

elected, shall likewise govern and order the affairs of the said province,

(pro tempore) for the good and welfare of the said people, and according

to these our concessions, until such time as the general free assembly

shall be elected and deputed in such manner and wise as is hereafter

expressed and contained.

 

 

CHAP. IV.

And that the planting of the said province be the more speedily promoted,

it is consented, granted, concluded, agreed and declared,

 

First, That the proprietors of the said province, have and do hereby grant

unto all persons, who by and with the consent of one or more of any of the

proprietors of the said province, attested by the certificate, under his

or their hands and seals, adventure to the said province of west New-

Jersey, and shall transport themselves or servants, before the first day

of the month commonly called April, which shall be in the year of our lord

one thousand six hundred seventy and seven, these following proportions,

viz. For his own person arriving, seventy acres of land, English measure;

and for every able man servant that he shall carry with him, and arriving

there, the like quantity of seventy acres of land, English measure: And

whosoever shall send servants before that time, shall have for every able

man servant, he or they so send as aforesaid, and arriving there, the like

quantity of seventy acres; and for every weaker servant, male or female,

exceeding the age of fourteen years, which any one shall send or carry,

arriving there, fifty acres of land; and after the expiration of their

time of service, fifty acres of land for their own use and behoof, to hold

to them and their heirs forever. All such person and persons, freemen or

servants, and their respective heirs and assigns, afterwards paying yearly

to the proprietor, his heirs and assigns, to whom the said lands belong,

one penny an acre, for what shall be laid out in towns, and one half penny

an acre, for what shall be laid out elsewhere: The first yearly payment to

begin within two years after the lands are laid out.

 

Secondly, To every master or mistress, that by and with such consent

aforesaid, shall go hence the second year, before the first day of the

month called April, which shall be in the year one thousand six hundred

seventy and eight, fifty acres of land; and for every able man servant,

that he or she shall carry or send, and arriving there, the like quantity

of fifty acres of land; and for every weaker servant, male or female,

exceeding the age of fourteen years, arriving there, thirty acres of land;

and after the expiration of their service, thirty acres of land, for their

own use and behoof; to hold to them and their heirs forever: All the said

persons, and their respective heirs and assigns, yearly paying as

aforesaid, to the proprietor, his heirs and assigns, to whom the land

belongs, one penny farthing the acre, for all such lands as shall be laid

out in towns, and three farthings the acre, for all that shall be laid out

elsewhere.

 

Thirdly, To every freeman that shall arrive in the said province, within

the third year, from the first day of the month commonly called April, in

the year one thousand six hundred seventy and eight, to the first of the

said month called April, one thousand six hundred seventy and nine, (with

an intention to plant) forty acres of land, English measure; and for every

able man servant, that he or she shall carry or send as aforesaid, forty

acres of land, of like measure; and for every weaker servant, aged as

aforesaid, that shall be so carried or sent thither, within the third year

as aforesaid, twenty acres of land, of like measure; and after the

expiration of his or their time of service, twenty acres of land for their

own use and behoof; to hold to them and to their heirs forever: All the

said persons and their heirs and assigns, paying yearly as aforesaid, to

the proprietor, his heirs and assigns, with whom they contract for the

same, one penny half penny the acre, for what shall be laid out in towns,

and one penny the acre for what shall be laid out elsewhere. All which

lands that shall be possessed in the said province, are to be held under,

and according to the concessions and conditions as is before mentioned,

and as hereafter in the following paragraph, is more at large expressed.

Provided always, that the before mentioned land that shall be taken up

and so settled in the province as aforesaid, shall from the date hereof,

be held upon the conditions aforesaid, containing at least, two able men

servants, or three such weaker servants as aforesaid, for every hundred

acres; and so proportionably for a lesser or greater quantity as one

hundred acres, besides what a master or mistress shall possess, which was

granted for his or her own person; in failure of which, upon notation to

the present occupant or his assigns, there shall be three years given to

such, for the compleating the said number of servants, and for their sale

or other disposure of such part of their lands as are not so peopled:

Within which time of three years, if any persons holding any land, shall

fail by himself, his agents, executors or assigns, or some other way, to

provide such number of persons, (unless the general assembly shall without

respect to poverty, judge it was impossible for the party so failing to

keep his or her number of servants to be provided as aforesaid) in such

case the commissioners are to summon together twelve men of the

neighbourhood, upon such inquest, verdict and judgment past of such

default; they are and have power of disposing of so much of such land,

for any term of years, not exceeding 20 years, as shall not be planted

with its due nnmber of persons as aforesaid, to some other that will plant

the same; reserving and preserving to the proprietor, or his lawful

assigns, the rents to become due and owing, for or in respect of the same,

according to the tenor and effect of these concessions. And further, that

every proprietor that goeth over in person, and inhabit in the said

province, shall keep and maintain upon every lot of land that they shall

take up, one person at least; and if the lot shall exceed 200 acres, he

shall keep and maintain for every 200 acres, the like quantity of one

person at the least.

 

And for all other proprietors that doth but go over in person, and inhabit

in the said province, shall keep and maintain upon every lot of land that

shall fall to them, one person at the least; and if the said lot exceed

one hundred acres, then upon every hundred acres that fall to them as

aforesaid, they shall keep and maintain one person at the least: And if

any neglect or deficiency shall be found in any of the proprietors, of

their keeping and maintaining the number of persons before mentioned; that

then and in that case, the commissioners are to dispose upon the said

lands for any term of years not exceeding twenty, to any person or persons

that will keep and maintain upon the said lands the number of persons as

before is mentioned; reserving always unto the said proprietors, the rents

that shall fall due for the same, as before is reserved and appointed to

be so. Always provided, that the keeping and maintaining of the said

number of persons upon the several lots and number of acres before

mentioned, is to continue for ten years from the date of the concessions,

and no longer; except where there have been any deficiency, so as the

commissioners have let the lands for a longer time, to any person or

persons, they are to enjoy the same during the term granted them by the

commissioners; any thing in this last proviso, to the contrary

notwithstanding.

 

 

CHAP. V.

And for the regular laying out of all lands whatsoever in the said

province, this method is to be followed by the register and surveyor.

 

That the register to be appointed as aforesaid, having recorded any grant

from any of the proprietors, to any person, for any quantity or quantities

of acres, shall make out a certificate to the surveyor or his deputy,

enjoining him to lay out, limit and bound [number to be stated] acres of

land, for A. B. out of the several lots of C. D. one of the proprietors,

in the proportions following; that is to say, [a specific percentage] part

thereof in the lot of said C. D. in [specific location, or named tract]

which the surveyor or his deputy. shall lay out, limit and bound

accordingly, and shall certify back to the register on what point of the

compass the several limits thereof lie, and on whose lands the several

parcels butt and bound; which last certificate shall be entered by the

said register or his deputy, in a book for that purpose, with an

alphabetical table of the proprietors names, and the name of the planter

or purchaser referring to the said certilicate, shall by the said register

be endorsed in the back of the grant, with the folio of the book in which

it is entered, and his name subscribed to the said endorsement.

 

And that the commissioners for the time being, are hereby impowered to

ascertain the rates and fees of the public register, surveyor and other

officers, as they shall see meet and reasonable, how much or what every

one shall pay for registering any conveyance, deed, lease, speciality,

certificate, or other writing; as also what shall be paid by every

proprietor for surveying, dividing, and laying out of any lands in the

said province; which said register, surveyor, or other officer, is not to

exact or demand any more or greater rates as shall be established as

aforesaid.

 

 

CHAP. VI.

We do also grant convenient portions of land for highways, and for streets,

not under one hundred feet in breadth, in cities, towns and villages; and

for wharffs, keys, harbours, and for publick houses, in such place as the

commissioners for the time being (until there be a general assembly) shall

appoint; and that all such lands laid out for the said uses and purposes,

shall be free and exempt from all rents, taxes, and other charges and

duties whatsoever; as also, that the inhabitants of the said province have

free passage through or by any seas, bounds, creeks, rivers, rivulets in

the said province, through or by which they must necessarily pass to come

from the main ocean to any part of the province aforesaid; as also by land

in ways laid out or through any lands not planted or enclosed.

 

That all the inhabitants within the said province of West-Jersey, have the

liberty of fishing in Delaware river, or on the sea coast; and the liberty

of hunting and killing any deer or other wild beasts, the liberty to shoot

or take any wild fowls within the said province. Provided always, that

they do not hunt, kill, shoot, or take any such deer, wild beasts, or

fowls, upon the lands that is or shall be surveyed, taken up, inclosed,

sown and planted, except the owners of the said lands or their assigns.

 

 

CHAP. VII.

The commissioners are to take care, that lands quietly held, planted and

possessed seven years after its being first duly surveyed by the surveyor

or surveyors, his or their lawful deputies, which shall be appointed by

the said proprietors, and registered in manner as aforesaid, shall not be

subject to any review, resurvey or alteration of bounds, upon any

pretence, or by any pretence, or by any person or persons whatsoever.

 

 

CHAP. VIII.

The commissioners are to take care, that no man, if his cattle stray,

range, or graze on any ground within the said province, not actually

appropriated or set out to particular persons, shall be liable to pay any

trespass for the same: Provided, that custom of commons be not thereby

pretended to, nor any person hindered from legally taking up and

appropriating any land so grazed upon.

 

 

CHAP. IX.

The commissioners are to see, that all courts established by the laws and

constitutions of the general assembly, and pursuant unto those

concessions, do execute their several duties and offices respectively,

according to the laws in force; and to displace or punish them for

violating the said laws, or acting contrary to their duty and trusts, as

the nature of their offences shall require; and where they see cause of

condemnation or sentence passd upon any person or persons, by any judge,

justice, or court whatsoever, the said commissioners have power to

reprieve and suspend the execution of the sentence, until the cause be

presented, with a copy of the whole trial, proceeding and proofs, to the

next general assembly; who may accordingly either pardon or command

execution of the sentence on the offender or offenders, (who are to be

kept in the mean time in safe custody until the sense of the general

assembly be known therein.)

 

 

CHAP. X.

To act and do all other thing or things that may conduce to the safety,

peace and well-government of the said province, and these present

concessions, and that all inferior officers be accountable to the

commissioners, and they to be accountable to the general assembly. The

commissioners are to take care, that the constables of the said province,

shall collect such of the proprietors rents, who dwell not in the said

province, but in England, Ireland, or Scotland; and shall pay it to the

receiver that they shall appoint to receive the same; unless the general

assembly shall prescribe some other way whereby they may have their rents

duly collected, without charge and trouble to the said proprietors.

 

 

CHAP. XI.

They are not to impose or suffer to be imposed, any tax, custom or subsidy,

tollage, assessment, or any other duty whatsoever, upon any colour or

pretence how specious soever, upon the said province and inhabitants

thereof, without their own consent first had, or other than what shall be

imposed by the authority and consent of the general assembly, and that

only in manner and for the good ends and uses as aforesaid.

 

 

CHAP. XII.

That that the said commissioners, registers, surveyors, and all and every

other publick officers of trust whatsoever, already deputed and chosen, or

hereafter from time to time to be deputed and chusen shall subscribe (in a

book or books to be provided for that purpose) that they will truly and

faithfully discharge their respective trusts according to the law of the

said province, and tenor of these concessions, in their respective offices

and duties; and do equal justice and right to all men, according to their

best skill and judgment, without corruption, favour, or affection; and the

names of all that shall subscribe, to be entered in the said book; and

whosoever shall subscribe, and shall violate, break or any wise falsify

his promise after such subscription, shall be liable to be punished or

fined, and also be made incapable of any publick office within the said

province. The Charter or fundamental laws of West New-Jersey, agreed upon.

 

 

CHAP. XIII.

That these following concessions are the common law or fundamental rights

of the province of West New-Jersey.

 

That the common law or fundamental rights and privileges of West New-

Jersey, are individually agreed upon by the proprietors and freeholders

thereof to be the foundation of the government; which is not to be altered

by the legislative authority, or free assembly hereafter mentioned and

constituted; but that the said legislative authority is constituted

according to these fundamentals, to make such laws as agree with and

maintain the said fundamentals, and to make no laws that in the least

contradict, differ, or vary from the said fundamentals, under what

pretence or allegation soever.

 

 

CHAP. XIV.

But if it so happen, that any person or persons of the said free assembly,

shall therein designedly, wilfully and maliciously move, or excite any to

move, any matter or thing whatsoever, that contradicts or any ways

subverts any fundamental of the said laws in the constitution of the

government of this province, it being proved by seven honest and reputable

persons; he or they shall be proceded against as traitors to the said

government.

 

 

CHAP. XV.

That these concessions, law or great charter of fundamentals, be recorded

in a fair table, in the assembly house; and that they be read at the

beginning and dissolving of every general free assembly: And it is further

agreed and ordained, that the said concessions, common law, or great

charter of fundamentals, be writ in fair tables, in every common hall of

justice within this province; and that they be read in solemn manner four

times every year, in the presence of the people, by the chief magistrates

of those places.

 

 

CHAP. XVI.

That no men, nor number of men upon earth, hath power or authority to rule

over men's consciences in religious matters; therefore it is consented,

agreed and ordained, that no person or persons whatsoever, within the said

province, at any time or times hereafter shall be any ways, upon any

pretence whatsoever, called in question, or in the least punished or hurt,

either in person, estate or privilege, for the sake of his opinion,

judgment, faith or worship towards God, in matters of religion; but that

all and every such person and persons, may from time to time, and at all

times, freely and fully have and enjoy his and their judgments, and the

exercise of their consciences, in matters of religious worship throughout

all the said province.

 

 

CHAP. XVII.

That no proprietor, freeholder or inhabitant of the said province of West

New-Jersey, shall be deprived or condemned of life, limb, liberty, estate,

property, or any ways hurt in his or their privileges, freedoms or

franchises, upon any account whatsoever, without a due trial, and judgment

passed by twelve good and lawful men of his neighbourhood first had; and

that in all causes to be tried, and in all trials, the person or persons

arraigned, may except against any of the said neighbourhood, without any

reason rendered, (not exceeding thirty-five) and in case of any valid

reason alledged, against every person nominated for that service

 

 

CHAP. XVIII.

And that no proprietor, freeholder, free-denison or inhabitant in the said

province, shall be attached, arrested, or imprisoned, for or by reason of

any debt, duty, or other thing whatsoever, (cases felonious, criminal and

treasonable, excepted) before he or she have personal summon or summons

left at his or her last dwelling place, if in the said province, by some

legal authorized officer, constituted and appointed for that purpose, to

appear in some court of judicature for the said province, with a full and

plain account of the cause or thing in demand; as also the name or names

of the person or persons at whose suit, and the court where he is to

appear; and that he hath at least fourteen days time to appear and answer

the said suit, if he or she live or inhabit within forty miles, English,

of the said court; and if at further distance, to have for every twenty

miles, two days time more, for his and their appearance, and so

proportionably for a larger distance of place.

 

That upon the recording of the summons, and non-appearance of such person

and persons, a writ or attachment shall or may be issued out to arrest or

attach the person or persons of such defaulters, to cause his or their

appearance in such court, returnable at a day certain, to answer the

penalty or penalties in such suit or suits; and if he or they shall be

condemned by legal tryal and judgment, the penalty or penalties shall be

paid and satisfied out of his or their real or personal estate so

condemned or cause the person or persons so condemned to lie in execution

'till satisfaction of the debt and damages be made. Provided always, if

such person or persons so condemned, shall pay and deliver such estate,

goods and chattels, which he or any other person hath for his or their

use, and shall solemnly declare and aver, that he or they have not any

further estate, goods or chattels whatsoever, to satisfy the person or

persons (at whose suit he or they are condemned) their respective

judgments, and shall also bring and produce three other persons as

compurgators, who are well known and of honest reputation, and approved of

by the commissioners of that division where they dwell or inhabit,

which shall in such open court likewise solemnly declare and aver, that

they believe in their consciences, such person and persons so condemned,

have not wherewith further to pay the said condemnation or condemnations;

he or they shall be thence forthwith discharged from their said

imprisonment; any law or custom to the contrary thereof heretofore in the

said province notwithstanding. And upon such summons and default of

appearance recorded as aforesaid, and such person and persons not

appearing within forty days after, it shall and may be lawful for such

court of judicature, to proceed to trial of twelve lawful men, to judgment

against such defaulters, and issue forth execution against his or their

estate, real and personal, to satisfy such penalty or penalties, to such

debt and damages so recorded, as far as it shall or may extend.

 

 

CHAP. XIX.

That there shall be in every court, three justices or commissioners, who

shall sit with the twelve men of the neighbourhood, with them to hear all

causes, and assist the said twelve men of the neighbourhood in cases of

law; and that they the said justices shall pronounce such judgment as they

shall receive from and be directed, by the said twelve men, in whom only

the judgment resides, and not otherwise.

 

And in cases of their neglect and refusal, that then one of the twelve, by

consent of the rest, pronounce their own judgment, as the justices should

have done: And if any judgment shall be passed in any case, civil or

criminal, by any other person or persons, or any other way than according

to the agreement and appointment; it shall be held null and void; and such

person or persons so presuming to give judgment, shall be severely fined,

and upon complaint made to the general assembly, by them be declared

incapable of any office or trust within this province.

 

 

CHAP. XX.

That in all matters and causes, civil and criminal, proof is to be made by

the solemn and plain averment of at least two honest and reputable

persons; and in case that any person or persons shall bear false witness,

and bring in his or their evidence contrary to the truth of the matter, as

shall be made plainly to appear; that then every such person or persons,

shall in civil causes, suffer the penalty which would be due to the person

or persons he or they bear witness against: And in case any witness or

witnesses on the behalf of any person or persons indicted in a criminal

cause, shall be found to have borne false witness, for fear, gain, malice,

or favour, and thereby hinder the due execution of the law, and deprive

the suffering person or persons of their due satisfaction; that then and in

all other cases of false evidence, such person or persons shall be first

severely fined; and next, that he or they shall forever be disabled from

being admitted in evidence, or into any publick office, employment or

service within this province.

 

 

CHAP. XXI.

That all and every person and persons whatsoever, who shall prosecute or

prefer any indictment or information against others, for any personal

injuries or matter criminal, or shall prosecute for any other criminal

cause (treason, murder and felony only excepted) shall and may be master

of his own process, and have full power to forgive and remit the person or

persons offending against him or herself only, as well before as after

judgment and condemnation, and pardon, and remit the sentence, fine and

punishment of the person or persons offending, be it personal or other

whatsoever.

 

 

CHAP. XXII.

That the trials of all causes, civil and criminal, shall be heard and

decided by the verdict or judgment of twelve honest men of the

neighbourhood, only to be summoned and presented by the sheriff of that

division or propriety where the fact or trespass is committed; and that no

person or persons shall be compelled to fee any attorney or counsellor to

plead his cause, but that all persons have free liberty to plead his own

cause if he please: And that no person or persons imprisoned upon any

account whatsoever, within this province, shall be obliged to pay any fees

to the officer or officers of the said prison either when committed or

discharged.

 

 

CHAP. XXIII.

That in all publick courts of justice for trial of causes, civil or

criminal, any person or persons, inhabitants of the said province, may

freely come into and attend the said courts, and hear and be present at

all or any such trials as shall be there had or passed, that justice may

not be done in a corner, nor in any covert manner; being intended and

resolved by the help of the lord, and by these our concessions and

fundamentals, that all and every person and persons inhabiting in the said

province, shall as far as in us lies, be free from oppression and slavery.

 

 

CHAP. XXIV.

For the preventing of fraud, deceit, collusion in bargains, sales trade and

traffick, and the usual contests, quarrels, debates and utter ruin, which

have attended the people in many nations, by costly, tedious, and

vexatious law suits, and for a due settlement of estates.

 

It is agreed, concluded and ordained, that there be kept a register at

London, within the nation of England; and also another register within the

province of New West-Jersey; and that all deeds, evidences, and

conveyances of land, in the said province of New-West-Jersey, that shall

be executed in England, may also be there registered; and once every year,

the register of the said deeds and conveyances, so registered, shall be

duly transmitted under the hands of the register, and three proprietors,

unto the commissioners in New West-Jersey, to be enrolled in the publick

register of the said province: As also that the chief register, which the

said proprietors have deputed or chosen, or shall depute or choose,

failing, that the commissioners shall depute or choose, or which the

general assembly of the said province, hereafter mentioned, shall depute or

choose, shall keep exact entries and registers, in fair books, or roll for

that purpose to be provided, of all publick affairs; and therein shall

record and enter all grants of land, from the proprietors to the planters;

and all conveyances of land, house or houses, from man to man; as also all

assignments, mortgages, bonds, and specialties whatsoever; and all leases

for land, house or houses, made or to be made, from landlord to tenant,

and from person to person; which conveyances, leases, assignments,

mortgages, bonds and specialties, which shall be executed in West New-

Jersey, shall be first acknowledged by the grantor, assignor and obligor,

before the said commissioners, or two of them at least, or some two of

their lawful deputies, for the time being; who shall under their hands,

upon the back side of the said deed, lease, assignment, mortgage or

specialty, attest the acknowledgment thereof as aforesaid; which shall be

a warrant for the register to record the same; and such conveyance or

specialty, if sealed, executed, acknowledged before three proprietors, in

the nation of England or Ireland, and recorded or registered there, within

three months after the date thereof; or if sealed, executed and

acknowledged in the said province, or elsewhere out of England, and

recorded or registered within six months after the date thereof; shall

be good an effectual in law; and for passing or transferring of estates in

lands, tenements, or hereditaments, shall he as effectual as if delivery

and siezen were executed of the same: And all other conveyances, deeds,

leases or specialties, not recorded as aforesaid, shall be of no force or

effect. And the said register shall do all other thing or things the said

proprietors by their instructions shall direct, or the commissioners or

assembly shall ordain, or the good and welfare of the said province.

 

 

CHAP. XXV.

That there may be a good understanding and friendly correspondence between

the proprietors, freeholders, and inhabitants of the said province, and

the Indian natives thereof.

 

It is concluded and agreed, that if any of the Indian natives within the

said province, shall or may do any wrong or injury to any of the

proprietors, freeholders or inhabitants, in person, estate, or otherways

howsoever; upon notice thereof; or complaint made to the commissioners, or

any two of them, they are to give notice to the sachem, or other chief

person or persons, that hath authority over the said Indian native or

natives, that justice may be done, and satisfaction made to the person or

persons offended, according to law and equity, and the nature and quality

of the offence and injury done or committed.

 

And also in case any of the proprietors, freeholders, or inhabitants,

shall any wise wrong or injure any of the Indian natives there, in person,

estate, or otherwise; the commissioners are to take care, upon complaint

to them made, or any one of them, either by the Indian natives, or others,

that justice be done to the Indian natives, and plenary satisfaction be

made them, according to the nature and quality of the offence and injury:

And that in all trials wherein any of the said Indian natives are

concerned, the trial to be by six of the neighbourhood, and six of the

said Indian natives, to be indifferently and impartially chosen by order of

the commissioners; and that the commissioners use their endeavour to

perswade the natives to the like way of trial; when any of the natives do

any ways wrong or injure the said proprietors, freeholders or inhabitants,

that they choose six of the natives, and six of the freeholders or

inhabitants, to judge of the wrong and injury done, and to proportion

satisfaction accordingly.

 

 

CHAP. XXVI.

It is agreed, when any lands is to be taken up for settlements of towns, or

otherways, before it be surveyed, the commissioners or the major part of

them, are to appoint some persons to go to the chief of the natives

concerned in that land, so intended to be taken up, to acquaint the

natives of their intentions, and to give the natives what present they

shall agree upon, for their good will or consent; and take a grant of the

same in writing, under their hands and seals, or some other publick way

used in those parts of the world: Which grant is to be registered in the

publick register allowing also the natives (if they please) a copy

thereof; and that no person or persons take up any land, but by order from

the cornmissioners, for the time being.

 

 

CHAP. XXVII.

That no ship master or commander of any ship or vessel, shall receive into

his ship or vessel, to carry unto any other nation, country or plantation,

any person or persons whatsoever, without a certificate first had and

obtained under the hands and seals of the commissioners, or any two of

them, that the said person or persons are clear, and may be taken on

board, signifying that the said person or persons names have been put up

in three publick places of the province, appointed by the commissioners

for that purpose, for the space of three weeks, giving notice of his or

their intention to transport themselves.

 

 

CHAP. XXVIII.

That men may peaceably and quietly enjoy their estates.

 

It is agreed, if any person or persons shall steal, rob, or take any goods

or chattels, from or belonging to any person or persons whatsoever, he is

to make restitution two fold, out of his or their estate; and for want of

such estate, to be made work for his theft, for such time and times as the

nature of the offence doth require, or until restitution be made double

for the same; or as twelve men of the neighbourhood shall determine, being

appointed by the commissioners, not extending either to life or limb.

 

If any person or persons, shall wilfully beat, hurt, wound, assault, or

otherways abuse the person or persons of any man, woman or child, they are

to be punished according to the nature of the offence; which is to be

determined by twelve men of the neighbourhood, appointed by the

commissioners.

 

 

CHAP. XXIX.

For securing estates of persons that die, and taking care of orphans.

 

First. If any person or persons die, the commissioners are to take care,

that the will of the deceased be duly performed, and security given by

those that prove the will; and that all wills or testaments be registered

in a publick register appointed for that purpose; and the person or

persons that prove the same, to bring in one true inventory under their

hands, of all the estate of the deceased, and to have a warrant under the

hand of three commissioners, and the publick seal of the province,

intimating, that they have brought in an inventory of the estate, and

given security; then, and not before, are they to dispose upon the estate.

 

Second. If any person die intestate, leaving a wife and children; the

commissioners are to take security from the person that shall administer,

to secure two parts of the estate for the children, and the third to the

wife, if there be any; and if there be no child, then half to the next of

kin, and the other to the wife.

 

Third. If the parents of children be dead, and no will made, then the

commissioners are to appoint two or more persons to take the charge of the

children and estate, and to bring an inventory of the estate to be

registered; and that the said persons are to make good to the children,

what part of the estate shall come unto their hands, and to give a true

account of their receipts and disbursements, to be approved of by the

commissioners.

 

Fourth. If parents die, leaving child or children, and no estate, or not

sufficient to maintain and bring up the said child or children, in that

case the commissioners are to appoint persons to take care for the child

or children, to bring them up in such manner as the commissioners shall

appoint, and the charges thereof to be borne by the publick stock of the

province; and if none be established, then by a tax to be levied by twelve

men of the neighbourhood with the consent of the commissioners, or the

main part of them.

 

 

CHAP. XXX.

In cases when any person or persons kill or destroy themselves or be

killed by any other thing.

 

It is agreed, if any man or woman shall wilfully put hand, and kill him or

herself, the estate of such person or persons is not to be forfeited, but

the kindred, heirs, or such other as of right the estate belongs to, may

enjoy the same; or if any beast or ship, boat or other thing, should

occasion the death of any person or persons nevertheless the said beast,

ship boat or other thing is not to be forfeited; but those to whom they

belong may enjoy the same. Provided always, that the said beast did not

wilfully kill the said person, or hath been known to attempt, or addicted

to mischief, or hath been found to hurt or kill any person; then the said

beast is to be killed.

 

 

CHAP. XXXI.

All such person or persons as shall be upon trial found guilty of murder or

treason, the sentence and way of execution thereof is left to the general

assembly to determine, as they in the wisdom of the lord shall judge meet

and expedient. The general assembly and their power.

 

 

CHAP. XXXII.

That so soon as divisions or tribes, or other such like distinctions are

made, that then the inhabitants, freeholders, and proprietors resident in

the said province, or several respective tribes or divisions, or

distinctions aforesaid, do yearly and every year meet on the first day of

October, or the eighth month, and choose one proprietor or freeholder for

each respective propriety in the said province (the said province being to

be divided into one hundred proprieties) to be deputies, trustees, or

representatives, for the benefit, service, and behoof of the people of the

said province; which body of deputies, trustees or representatives,

consisting of one hundred persons chosen as aforesaid, shall be the

general free and supreme assembly of the said province for the year

ensuing, and no longer: And in case any member of the said assembly,

during the said year, shall decease, or otherwise be rendered incapable of

that service; that then the inhabitants of the said proprieties, shall

elect a new member, to serve in his room, for the remainder of the said

year.

 

 

CHAP. XXXIII.

And to the end the representative members of the yearly assembly to be

chosen, may be regularly and impartially elected.

 

That no person or persons who shall give, bestow or promise, directly or

indirectly, to the said parties electing, any meat, drink, money or

money's worth, for procurement of their choice and consent, shall be

capable of being elected a member of the said assembly: And if any person

or persons, shall be at any time corruptly elected, and sufficient proof

thereof made to the said free assembly, such person or persons so electing

or elected, shall be reckoned incapable to choose or sit in the said

assembly, or execute any other publick office of trust within the said

province, for the space of seven years thence next ensuing: And also, that

all such elections as afore said, be not determined by the common and

confused way of cries and voices; but by putting balls into balloting

boxes, to be provided for that purpose, for the prevention of all

partiality, and whereby every man may freely choose according to his own

judgment, and honest intention.

 

 

CHAP. XXXIV.

To appoint their own times of meeting, and to adjourn their sessions from

time to time (within the said year) to such times and places as they shall

think fit and convenient, as also to ascertain the number of their quorum;

provided that such numbers be not less than one half of the whole, in whom

(or more) shall be the full power of the general assembly; and that the

votes of two thirds of the said quorum, or more of them, if assembled

together as aforesaid, shall be determinative in all cases whatsoever

coming in question before, them, consonant and conformable to these

concessions and fundamentals.

 

 

CHAP. XXXV.

That the said proprietors and freeholders, and their choice of persons, to

serve them in the general and free assemblies of the province, give their

respective deputies or trustees, their instructions at large, to represent

their grievances, or for the improvement of the province; and that the

persons chosen, do by indentures under hand and seal, covenant and oblige

themselves to act nothing in that capacity, but what shall tend to the fit

service and behoof of those that send and employ them; and that in case of

failure of trust, of breach of covenant, that they be questioned upon

complaint made, in that or the next assembly, by any of their respective

electors.

 

And that each member of the assembly, chosen as aforesaid, be allowed one

shilling per day, during the time of the sitting of the general assembly,

that thereby he may he known to be the servant of the people: Which

allowance of one shilling per day, is to be paid him by the inhabitants of

the propriety or division that shall elect him.

 

 

CHAP. XXXVI.

That in every general free assembly, every respective member hath liberty

of speech; that no man be interrupted when speaking; that all questions be

stated with deliberation, and liberty for amendments; that it be put by

the chairman, by them to be chosen, and determined by plurality of votes;

Also that every member has power of entering his protest, and reasons of

protestations. And that if any member of such assembly shall require to

have the persons names registered, according to their yeas and nos, that

it be accordingly done: And that after debates are past, and the question

agreed upon, the doors of the house to be set open, and the people have

liberty to come in to hear, and be witnesses of the votes, and the

inclinations of the persons voting.

 

 

CHAP. XXXVII.

And that the said assembly do elect, constitute and appoint ten honest and

able men, to be commissioners of estate, for managing and carrying on the

affairs of the said province, according to the law therein established,

during the adjouruments and dissolutions of the said general free

assembly, for the conservation and tranquility of the same.

 

 

CHAP. XXXVIII.

That it shall be lawful for any person or persons, during the session of

any general free assembly in that province, to address, remonstrate or

declare, any suffering, danger or grievance, or to propose, tender or

request, any privilege, profit or advantage to the said province, they not

exceeding the number of one hundred persons.

 

 

CHAP. XXXIX.

To enact and make all such laws, acts, and constitutions, as shall be

necessary for the well government of the said province, (and them to

repeal) provided, that the same be as near as may be, conveniently

agreeable to the primitive, antient and fundamental laws of the nation of

England. Provided also, that they be not against any of these our

concessions or fundamentals, before or hereafter mentioned.

 

 

CHAP. XL.

By act as aforesaid, to constitute all courts, together with the limits,

powers and jurisdictions of the same (consonant to these concessions) as

also the several judges, officers and number of officers belonging to each

court, to continue such time as they shall see meet, not exceeding one

year, or two at the most, with their respective salaries, fees and

perquisites, and their appellations; with the penalties that shall be

inflicted upon them for the breach of their several and respective duties

and trusts; and that no person or persons whatsoever, inhabitants of the

said province, shall sustain or bear two offices in the said province, at

one and the same time.

 

 

CHAP. XLI.

That all the justices and constables be chosen by the people; and all

commissioners of the publick seals, treasuries and chief-justices,

embassadors and collectors, be chosen by the general free assembly.

 

 

CHAP. XLII.

That the commissioners of the treasury of the said province, bring in their

account at the end of their year, unto the general free assembly, there to

be seen and adjusted; and that every respective member carry a copy

thereof unto that hundred or propriety he serves, for to be registered in

the capital publick court of that propriety.

 

 

CHAP. XLIII.

By act as aforesaid, to lay equal taxes and assessments, and to raise

money or goods, upon all lands or persons within the several proprieties,

precincts, hundreds, tribes, or whatsoever other divisions shall hereafter

be made and established in the said province, as oft as necessity shall

require; and in such manner as to them shall seem most equal and easy for

the inhabitants; in order to the better supporting of the publick charge

of the said government, as also for the publick benefit and advantage of

the said people and province.

 

 

CHAP. XLIV.

By act as aforesaid, to sub-divide the said province into hundreds,

proprieties, or such other divisions and distinctions, as they shall think

fit; and the said divisions to distinguish by such names as shall be

thought good; as also within the said province to direct and appoint

places for such and so many towns, cities, ports, harbours, creeks, and

other places for the convenient lading and unlading of goods and

merchandize, out of the ships, boats, and other vessels, as shall be

expedient; with such jurisdictions, privileges and franchises to such

cities, ports, harbours, creeks or other places, as they shall judge most

conducing to the general good of the said province and people thereof; and

to erect, raise and build within the said province, or any part thereof,

such and so many market towns and villages; and also appoint such and so

many markets and fairs, and in such place and places, as they shall see

meet, from time to time, as the grant made and assigned unto the said

proprietors will permit and admit.

 

In testimony and witness of our consent to and affirmation of these present

laws, concessions and agreements: We, the proprietors, freeholders, and

inhabitants of the said province of West New Jersey, whose names are under

written, have to the same voluntarily and freely set our hands, dated this

third day of the month commonly called March, in the year of our Lord one

thousand six hundred seventy six:

 

Gawen Lawrie, Wm. Penn, Wm. Emley, Josh. Wright, Nicho. Lucas, Wm. Haig,

Wm. Peachee, Rich. Matthews, John Harris, Francis Collins, Wm. Kent, Benj.

Scot, Tho. Lambert, Tho. Hooton, Henry Stacy, Edw. Byllinge, Rich. Smith,

Edw. Nelthorp, John Penford, Dan. Wills, Thomas Olive, Tho. Rudyard,

William Biddle, Robert Stacy, John Farrington, Wm. Roydon, Rich. Mew,

Percival Towle, Mahlon Stacy, Tho. Budd, Sam. Jenings, John Lambert, Will.

Heulings, George Deacon, John Thomson, Edw. Bradway, Rich. Guy, James

Nevill, Wm. Cantwell, Fospe Ontstout, Machgijel Baron, Casper Herman,

Turrse Psese, Robert Kemble, John Corneliesse, Garrat Van Jumne, Wm. Gill

Johnson, Mich. Lackerouse, Markus Algus, Evert Aldricks, Hendrick Everson,

Jules Tomesen, Claas Jansen, Paul Doequet, Aert Jansen, John Surige, Tho.

Smith, James Pearce, Edw. Webb, John Pledger, Rich. Wilkison, Christo.

Sanders, Renear Van Hurst, William Johnson, Charles Bagley, Sam. Wade,

Tho. Woodrose, John Smith, Tho. Peirce, Will. Warner, Joseph Ware, Isaac

Smart, And. Thomson, Thomas Kent, Henry Jenings, Rich. Wortsaw,

Christopher White, John Maddocks, John Forrest, James Vickory, William

Rumsey, Rich. Robinson, Mark Reeve, Thomas Watson, Sam. Nicholson, Dan.

Smith, Rich. Daniel, Will. Penton, Will. Daniel, Robert Zane, Walter

Peiterson, Anthony Page, Andrew Bartleson, Woolley Woollison, Anthony

Dixon, John Derme, Tho. Benson, John Pain, Rich. Briffington, Sam. Lovett,

Henry Stubbens, Will. Willis, George Haselwood, Roger Pedrick, Will.

Hughes, Abra. Van Highest, Hipolitas Lefever, Will. Wilkinson, Andrew

Shenneck, Lause Cornelious, Sam. Hedge, Will. Massler, John Grubb, John

Worlidge, Edw. Meyer, Tho. Barton, Robt. Powel, Tho. Harding, Matthew

Allen, Bernard Devenish, Thomas Stokes, Thomas French, Isaac Marriott,

John Butcher, George Hutcheson, Tho. Gardiner, Tho. Eves, John Borton,

John Paine, Eleazer Fenton, Samuel Oldale, Will. Blak, Anthony Woodhouse,

Dan. Leeds, John Pancoast, Francis Belwicke, Will. Luswall, John Snowdon,

Rich. Fenemore, Gruna Jacobson, Tho. Scholey, Tho. Wright, Godfrey

Hancock, John Petty, Abraham Heulings, John Newbould, John White, John

Roberts, John Wood, John Gosling, Tho. Revell.

 

History of Nova Caesarea - End of Part 12

 

 

Intro

Part 1

Part 2

Part 3

Part 4

Part 5

Part 6

Part 7 

 

Part 8

Part 9

Part 10

Part 11

Part 12

Part 13

Part 14 

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Intro

Part 1

Part 2

Part 3

Part 4

Part 5

Part 6

Part 7 

 

Part 8

Part 9

Part 10

Part 11

Part 12

Part 13

Part 14 

 

 

 

History of Nova Caesarea - Part 13

 

 

 

NUMBER III

 

A brief account of the province of East-Jersey, in America, published by

the present proprietors, for information of all such persons who are or

may be inclined to settle themselves, families and servants in that

country.

 

To say anything in the praise, or much in the description of a country so

well known, would seem needless: The late accounts and descriptions of the

adjacent countries, West-Jersey and Pennsylvania, which are much of the

same nature, &c. might suffice; but considering that in foreign colonies,

yea, here in England, every particular county has some excellency in soil,

product or situation, that may affect and delight many persons, beyond the

places adjacent: We may, for the satisfaction of such, give some brief

account thereof.

 

First, This province or colony lies between thirty-nine and forty-one

degrees of latitude, being about twelve degrees more to the south than the

city of London; and is bounded south east by the main sea; east by that

vast navigable stream, called Hudson's river, which divides this from the

province of New-York; west by a line of division, which separates this

province from West-Jersey; and north upon the main land, and extends

itself in length on the sea coast, and along Hudson's river, one hundred

English miles, and upwards.

 

Second, The conveniency of situation, temperature of air, and fertility of

soil, is such, that there's no less than seven considerable towns, towns,

viz. Shrewsbury, Middletown, Bergen, Newark, Elizabeth-Town, Woodbridge,

and Piscataway; which are well inhabited by a sober and industrious

people, who have necessary provisions for themselves and families, and for

the comfortable entertainment of strangers and travellers; and this colony

is experimentally found generaly to agree with English constitutions.

 

Third, For navigation, it hath these advantages, not only to be situate

along the navigable part of Hudson's river, but lies also fifty miles on

the main sea; and near the midst of this province, is that noted bay for

ships, within Sandy-Hook, very well known not to be inferior to any

harbour in America, where ships not only harbour in greatest storms, but

there ride safe with all winds, and sail in and out thence as well in

winter as summer.

 

Fourth, For fishery, the sea banks there are very well stored with variety

of fish; for not only such as are profitable for transportation, but such

also as are fit for food there, as whales, cod-fish, cole and hake fish,

large mackrell, and also many other sorts of flat and small fish. The bay

also, and Hudson's river, are plentifully stored with sturgeon, great

bass; and other scale fish, eels and shell-fish, as oysters, &c. in great

plenty, and easy to take.

 

Fifth, This country is also plentifully supplied with lovely springs,

rivulets, inland rivers, and creeks, which fall into the sea and Hudson's

river; in which is also much plenty and variety of fresh fish and water

fowl.

 

Sixth, There is great plenty of oak timber, fit for shipping, and masts for

ships, and other variety of wood, like the adjacent colonies, as chesnut,

walnut, poplar, cedar, ash, fir, &c. fit for building within the country.

 

Seventh, The land or soil (as in other places) varies in goodness and

richness; but generally fertile, and with much smaller labour than in

England: It produceth plentiful crops of all sorts of English grain,

besides Indian corn, which the English planters find not only to be of

vast increase, but very wholsome and good in its use; it also produceth

good flax and hemp, which they now spin and manufacture into linnen cloth.

There's sufficient meadow and marsh to their uplands; and the very barrens

there as they are called, are not like some in England; but produce grass

fit for grazing cattle in summer season.

 

Eighth, The country is well stored with wild deer, conies and wild fowl of

several sorts, as turkeys, pigeons, partridges, plover, quails, wild

swans, geese, ducks, &c. in great plenty; It produceth variety of good and

delicious fruits, as grapes, plumbs, mulberries and also apricots,

peaches, pears, apples, quinces, water melons, &c. which are here in

England planted in orchards and gardens; these, as also many other fruits,

which come not to perfection in England, are the more natural product of

this country.

 

Ninth, There is also already great store of horses, cows, hogs, and some

sheep, which may be bought at reasonable prices, with English monies or

English commodities, or man's labour, where money and goods are wanting.

 

Tenth, What sort of mines or minerals are in the bowels of the earth, after

time must produce, the inhabitants not having yet employed themselves in

search thereof; but there is already a smelting furnace and forge set up

in this colony, where is made good iron, which is of great benefit to the

country.

 

Eleventh, It is exceedingly well furnished with safe and convenient

harbours for shipping, which is of great advantage to that country, and

affords already for exportation, great plenty of horses, and also beef,

pork, pipe staves, boards, bread, flower, wheat, barley, rye, Indian corn,

butter and cheese, which they export for Barbadoes, Jamaica, Nevis, and

other adjacent islands, as also to Portugal, Spain, the Canaries, &c.

Their whale oil and whale finns, beaver, mink, raccoon and martin skins,

(which this country produceth) they transport for England. Twelfth. The

situation and soil of this country may invite many who are inclined to

transport themselves into those parts of America: For,

 

1. It being considerably peopled, and situate on the sea coast, with

convenient harbours, and so near adjacent to the province of New-York and

Long-Island, being also well-peopled colonies, may be proper for merchants,

tradesmen, and navigators.

 

2. Its likewise proper for such who are inclined to fishery, the whole

coast and very harbours mouths being fit for it; which has been no small

rise to the New-England people, and may be here carried on also with great

advantage.

 

3. For its soil, its proper for all industrious husbandmen, and such, who

by hard labour here, on rack rents, are scarce able to maintain

themselves, much less to raise any estate for their children, may, with

God's blessing on their labours, there live comfortably, and provide well

for their families.

 

4. For carpenters, bricklayers, masons, smiths, mill-wrights. and

wheel-wrights, bakers, tanners, taylors, weavers, shoe-makers, hatters,

and all or most handicrafts, where their labour is much more valued than

in these parts, and provisions much cheaper.

 

5. And chiefly for such of the above-mentioned, or any other who upon

solid grounds and weighty considerations, are inclined in their minds to

go into those parts; without which their going there cannot be

comfortable, or answer their expectation.

 

Thirteen, The Indian natives in this country are but few, comparative to

the neighbouring colonies; and those that are there, are so far from being

formidable or injurious to the planters and inhabitants, that they are

really serviceable and advantagious to the English, not only in hunting

and taking the deer, and other wild creatures, and catching of fish and

fowl fit for food, in their seasons, but in the killing and destroying of

bears, wolves, foxes, and other vermine and peltry, whose skins and furrs

they bring the English, and sell at less price than the value of time an

English man must spend to take them.

 

Fourteen, As for the constitutions of the country, they were made anno dom.

1664, and in the time of John lord Berkely, and sir George Carteret, the

late proprietors thereof; in which such provision was made for liberty in

matters of religion, and property in their estates; that under the terms

thereof, that colony has been considerably peopled, and that much from the

adjacent countries, where they have not only for many years enjoyed their

estates, according to the concessions: but also an uninterrupted exercise

of their particular persuasions in matters of religion: And we the present

proprietors, do determine, so soon as any persons here in England, or

elsewhere, are willing to be engaged with us, we shall be ready and

desirous to make such further additions and supplements to the said

constitutions, as shall be thought fit, for the encouragement of all

planters and adventurers, and for the further settling the said colony

with a sober and industrious people.

 

Fifteen, Having with all possible brevity, given an account of the

country, we shall say something as to the disposition of lands there.

 

1. Our purpose is, if the lord permit, with all convenient expedition, to

erect and build one principal town; which by reason of situation must in

all probability be the most considerable for merchandize, trade and

fishery in those parts; it is designed to be placed upon a neck or point

of rich land, called Ambo point, lying on Rariton river, and pointing to

Sandy Hook bay, and near adjacent to the place where ships in that great

harbour commonly ride at anchor; a scheme of which is already drawn, and

those who shall desire to be satisfied therewith may treat for a

share thereof.

 

2. As for encouragement of servants, &c. we allow the same privileges as

was provided in the concessions at first.

 

3. Such who are desirous to purchase any land in this province, free from

all charge, and to pay down their purchase monies here, for any quantities

of acres; or that desire to take up lands there, upon any small quit rents

to be reserved; shall have grants to them and their heirs, on moderate and

reasonable terms.

 

4. Those who are desirous to transport themselves into those parts before

the purchase, if any thing there present to their satisfaction, we doubt

not but the terms of purchase will be so moderate, equal and encouraging,

that may engage them to settle in that colony.

 

Our purpose being with all possible expedition to dispitch persons hither,

with whom they may treat; and who shall have our full power in the

premises. As for passage to this province, ships are going hence the whole

year about, as well in winter as summer, Sandy-Hook bay being never

frozen: The usual price is five pounds per head, as well masters or

servants, who are above ten years of age; all under ten years, and not

children at the breast, pay fifty shillings; sucking children pay nothing;

carriage of goods is usually forty shillings per ton, and sometimes less,

as we can agree; the cheapest and chiefest time of the year for passage,

is from midsummer 'till the latter end of September, when many Virginia

and Maryland ships are going out of England into those parts; and such

who take then their voyage, arrive usually in good time to plant corn

sufficient for next summer.

 

The goods to be carried there, are, first, for people's own use, all sorts

of apparel and household stuff, and also utensils for husbandry and

building: secondly, linnen and woollen cloths and stuffs, fitting for

apparel, &c. which are fit for merchandize and truck there in the country,

and that to good advantage for the importer, of which further account will

be given to the enquirer. Lastly, Although this country, by reason of its

being already considerably inhabited, may afford many conveniencies to

strangers, of which unpeopled countries are destitute, as lodging,

victualing, &c. yet all persons inclining unto those parts, must know,

that in their settlement there, they will find their exercises; they must

have their winter as well as summer; they must labour before they reap,

and, 'till their plantations be cleared (in summer time) they must expect

(as in all those countries) the musketos, flies, gnats, and such like,

may, in hot and fair weather, give them some disturbance where people

provide not against them; which, as land is cleared, are less troublesome.

 

And all such persons who desire to be concerned, may repair to Thomas

Rudyard or Benjamin Clark, in George-Yard, in Lombard-street; where they

may view the constitutions, the scheme of the intended town, the map of

the country, and treat on terms of purchase. William Penn, Robert West,

Thomas Rudyard, Samuel Groom, Thomas Hart, Richard Mew, Thomas Willcocks,

Ambrose Rigg, John Heywood, Hugh Hartshorne, Clement Plumstead, Thomas

Cooper, are the present proprietors of East-Jersey; but their purpose is

to take in twelve persons more, to make up the number of proprietors

twenty-four.

 

Proposals by the proprietors of East-Jersey, in Amarica, for the building

of a town on Ambo Point, and for the dieposition of lands in that

province; and also for encouragement of artificers and labourers that

shall transport themselves thither out of England, Scotland, and Ireland.

 

Forasmuch as Ambo Point, is a sweet, wholesome, and delightful place,

proper for trade, by reason of its commodious situation, upon a safe

harbour, being likewise accommodated with a navigable river, and fresh

water, and hath by many persons of the greatest experience and best

judgment, been approved for the goodness of the air, soil and situation;

 

We, the proprietors, purpose by the help of Almighty God, with all

convenient speed, to build a convenient town, for merchandize, trade and

fishery on Ambo Point; and because persons that hath a desire to plant

there, may not be disappointed for want of proposals, we, the proprietors,

offer these following:

 

First. We intend to divide fifteen hundred acres of land upon Ambo Point,

into one hundred and fifty lots; which lots shall consist of ten acres the

lot; one hundred of the lots we are willing to sell here, and fifty we

reserve for such as are in America, and have long desired to settle there,

 

Secondly. The price of each lot will be fifteen pounds sterling, to such

who purchase before the 25th of December, 1682; and to such who purchase

afterwards, before the 25th of December, 1683, twenty pounds sterling.

 

Thirdly. Every lot is to be as equally divided as the goodness of the place

doth require, and the situation can admit.

 

Fourthly. The most convenient spot of ground for a town, shall be divided

into one hundred and fifty equal shares, and set out into streets,

according to rules of art; and no person shall be preferred before another

in choice, whether purchaser or proprietor.

 

Fifthly. We reserve four acres for a market place, town-house, &c. and

three acres for publick wharfage.

 

Sixthly. Each purchaser is obliged to build a dwelling house in the place

designed for the town, and to clear three acres of up land, in three

years, or else the proprietors to be reinstated in such lots wherein

default is made, repaying the purchase money.

 

Seventhly. We the proprietors do within a year, hope, by Gods assistance,

to build for each of us, one house upon Ambo point; which we intend shall

stand in an orderly manner, according to the best and most convenient

model. And in pursuance of the design of the propositions abovesaid.

 

Eighthly. And for the encouragement of carpenters, joiners, brick and tile

makers, bricklayers, masons, sawyers, and labourers of all sorts, who are

willing to go and employ themselves and servants, in helping to clear

ground, and build houses upon the general account of and for the

proprietors, the said proprietors will engage to find them work, and

current pay for the same, in money or clothes, and provision, of which

there is plenty (as beef, pork, corn, &c.) according to the market price

at New-York, during the space of one year at least, next after the 25th of

December, 1682; in which time (through God's blessing and their industry)

they may have got wherewith to buy cows, horses, hogs, and other goods, to

stock that land, which they in the mean time may take up, according to

the concessions; neither shall such persons pay rent for their said land,

so long as they are employed in the proprietors work; and their wages

shall at all times be so much as other such artificers and labourers, in

the said province usually have; nor shall they be obliged to work for the

proprietors longer than they find encouragement so to do.

 

Ninthly. And for the more ready and certain employing those workmen and

labourers that shall transport themselves to East-Jersey, this is to let

all labourers and persons that shall transport themselves know, they must

upon their arrival upon that place, repair to the register of the

abovesaid province, and enter themselves according to their respective

qualities and designs, and thereupon they shall be entered into the

service and pay of the proprietors.

 

For disposition of land in East Jersey.

 

The governor of East-Jersey, by and with the advice of his council, is to

direct, that all lands to be set and laid out for counties, tribes,

cities, or parishes, according to the general concessions of the said

province, be bounded and set out in manner following, viz. That all such

lands be divided into seven equal lots or parts; one of which seven parts

is to be first set out by lot for the use of the proprietors; and the

other six parts to be taken up according to the folowing concessions:

 

First. That the planting of the said province may be the more effectually

promoted, We do hereby grant unto all persons who shall transport

themselves, their wives or children, unto East-Jersey, and settle there

according to the following concessions, by the twenty fifth of December

1684, twenty-five acres of land for each head, whether wife, child or

servant, which servant shall be bound to serve the term of three years at

least within the said province; and for every such master of a family,

fifty acres; the said persons so imported are to be registered in the

secretary's book of entries to be kept for that purpose; and the importer

to pay to the secretary for fees of attending that service, and entring

them, twelve pence each head; and every servant, male or female, who shall

be so imported and registered by the 25th of December, 1684, shall, at the

expiration of their time, have liberty to take up the quantity of thirty

acres for their own uses; and all the aforesaid importers, and persons

imported, who are hereby allowed to take up land, shall have and enjoy the

same, under the terms and concessions following:

 

Secondly. Forasmuch as this province is already considerably peopled and

improved (there being seven towns at least already settled upon it by

English people) and that no person is constrained by our concessions, to

take up and pay for land which is barren and unprofitable; nor can it be

reasonably supposed, that people should in this province, be now exposed

to the like hazards and difficulties that others must look to meet with in

those plantations that are less inhabited and more remote, and for

situation by sea and land, not so commodiously placed for trade: Therefore

we think it very reasonable and moderate, that all and every person and

persons, shall have his and their respective quantities of lands set out

at two pence an acre, yearly rent, to be paid into our receivers office,

either in money sterling, or in such commodities as the growth or trade of

the province affords at the merchants price there; but whosoever is

willing to buy off his yearly rent, and become a freeholder, may so do

paying after the rate of twelve years purchase, which comes to fifty

shillings for a lot of twenty-five acres, and so paying after the same

rate, for a greater or lesser quantity.

 

Thirdly. And forasmuch as it will be most commodious for planters to live

together, whereby they may be a meet help to each other; It is ordered,

that all the purchasers and takers up of land, shall sit down by some

village or township already laid out, or to be laid out hereafter, in the

said province; and having chosen the village or township, which shall be

most convenient and profitable for their business, the surveyor general

shall set forth to the said persons, such quantity of lands, to them

granted out of the aforesaid six parts, which are not then taken up; they

paying to the said surveyor general, the usual rate of surveying in the

said province; and if any person going or sending over, is willing to have

a greater parcel of land than twenty-five acres, he may purchase, but not

more than one hundred acres; he paying down, at the sealing of his grant,

for the same, after the rate of ten pounds by the hundred acres; and so

more or less for a greater or lesser quantity.

 

Fourthly. And if any person is willing to buy land, and yet for the

present is not disposed to plant there; he may so do, paying down here for

his grant to the proprietors, according to the rate aforesaid. Provided,

that all those persons, who by these concessions shall take up land, be

enjoined to build one dwelling house, on some part of their land, within

the space of seven years, next after the 25th of December, 1682; and in

case of default, one half of their land to return back to the proprietors.

 

 

NUMBER IV.

Governor Coxe's narrative reletting to the division line, directed to the

council of proprietors of West-Jersey [1687].

 

I was desired to give a meeting to the proprietors of East-Jersey, where

were present, governor Berkeley, lord Campbell, lord Melford, secretary of

state for Scotland, Mr. Penn, Mr. Ward, and six or eight more; they

presented me the original of an agreement between the commissioners of

both Jersies, in order to run the partition point; and withal a map;

whereby it is obvious at the first glance, that above a third part of that

land, which was ever accounted to belong to West-Jersey, is allotted to,

and comprehended within the limits of East-Jersey: They desired my

concurrence to this agreement, as being first in its own nature a most

just and equal division or quantity: Secondly, agreed on by commissioners,

on both sides: Thirdly, according to Mr. Byllinge's instructions, who had

impowered his commissioners to make an equal division: I answered in

behalf of your colony and of myself, that first, the division was very

unjust in its own nature; and secondly, that if it were otherwise; yet I

did apprehend, they, who made the agreement, were not legally or

sufficiently empowered.

 

And first, as to the injustice of the division; I declared, I thought they

ought to have regard unto the letter of the agreement between sir George

Carteret and Mr. Edward Byllinge; the line was to run from Little Egg-

Harbour, unto the most northerly branch of Delaware river, in forty one

degrees forty minutes: They denied there was any such branch; I shewed

them in their own map, made by Mr. George Keith, a river running into

Delaware, whose head is near another of Esopus river; they urging that to

be a most unconscionable division, and that it would cut off two thirds of

their country; that in the map printed from that original, whereon the

partition line was drawn, they had a far greater scope of land; I offered

them to calculate the proportion of land in both Jersies, from the map or

chart; and upon the division, they should have a like proportion unto what

was therein allotted them; which would have been about the third of the

whole: They approved not thereof: I proffered lastly, to comply with the

second line, which was proposed by our arbitrators, whereby we gave them a

large tract of land, whereunto they had no right: which sheweth, that we

were both willing to come to an agreement, in our demands, moderate,

favourable and friendly, in our concessions: I added, that the lands

actually in their possession, or sold unto others before the line was

agreed to be run, should be annexed unto, and for the future, accounted

part of their country; which, according to their own concession, were some

of the most rich, healthful, and pleasant tracts of land in either Jersies:

Neither would this please; they insisted upon the agreement, and would

either have it performed or sue the bond: I was somewhat perplex'd how to

preserve our own right, and secure our friends from harm; but being

willing, as I have been, to deny myself any private benefit for publick

utility, when they pressed they had either power or not: If power, then

all were obliged - if not, they in particular: I answered, they might

apprehend themselves to have power; but really had it not; as appears by

the protestations of the body of the proprietors and inhabitants of

West-Jersey, wherewith the lord Campbell had acquainted me: And they

themselves are likewise sensible, that they proceeded not only beyond but

contrary to their commission; and as for the bonds, they could not be

sued, so long as they did upon no overt act oppose such agreement; and the

very utmost they could require from them, was so much land as came to

their share upon a new division, according to the deed of partition,

whereunto they had signed. I then proceeded to confute their pretensions

from an equal division, shewing there was not the least foot steps for

such a claim in the deed of partition: I desired them to consider, that

West-Jersey proprietors gave above eighteen thousand pounds for the land,

which cost not East-Jersey proprietors much above four thousand pounds,

and for many years last past, proprieties of West-Jersey have been valued

very little below those of East-Jersey; which was merely upon the account

of the opinion all persons; had the proprietors of East-Jersey, themselves

not excepted, that our part exceeded theirs at least two-thirds in

quantity of land: I was myself almost two years, owner of an intire

propriety in East-Jersey, and continually heard their complaints; nor did

I ever hear any mention of a right to an equal division, as to quantity of

land, only valuing themselves upon the goodness of their land, and

conveniency of harbours; which were open all the winter. And as for the

pretension, that Mr. Byllinge gave commission for an equal division; we

could produce hundreds of witnesses, that his great argument unto all

purchasers, was, that West Jersey was three times as large as East, and

equal I am a witness, that he intended only equitable according to the

agreement or deed of partition; which diverse can testify. But I added

withal, that if he had given a commission, I thought it not valid, without

the consent and concurrence of the major part of the proprietors; before

he sold the land, he might have disposed it at pleasure, and receded from

his own rights; but having sold the land, the proprietors were to take

care, they had their due, according to the deed of partition; upon which

terms they bought. For Mr. Byllinge, when he granted the pretended

commission of division, was possessed only of one single propriety, as

he confessed unto diverse, having disposed of seventy, by absolute sale,

and mortgaged the other twenty nine for eight thousand pounds; and tho' I

was not willing to suspect any thing of Mr. Byllinge; yet let any consider

whether it was fit, that an indigent person, when he had sold his land,

should have it in his power to give away the moiety, under pretence of a

power to adjust the division, for which he might receive a great sum of

money, if favourably determined on the behalf of those with whom we

contended: And therefore, no division can be accounted just and legal,

which hath not the consent and concurrence of the majority of the

proprietors: I declared unto them, we had thereupon appointed a general

meeting, and we should acquaint them with the result of our consultation,

if they complied with our proposal: and that it be likewise assented to by

the majority of the proprietors in West-Jersey, it should become a final

decision, and be entered in both our records, as upon such occasion is

usual; on the contrary, if they would not hearken to a fair and just

proposal, wherein we shall recede considerably from our right; we will

declare ourselves free, and maintain the line according to the deed, until

they can, either by course at common law, or by an appeal into his

majesty, make an alteration: And the owners of about forty proprieties in

and about the city, do request all those who are present in West-Jersey,

to lay claim unto, and account as your own just right, all that land from

Egg-Harbour, to the north branch of Delaware, according to the letter of

the agreement in the deed of partition, until the proprietors of East-

Jersey have totally abandoned all pretensions unto this last, subtilly

contrived, pretended agreement; for if they have recourse to the common

law, I am very confident, above two parts of three, will become

undoubtedly ours. If they appeal to the king; we have not only confidence

in his common justice, and unbiassed respect unto all his subjects, but a

particular hope, that his majesty will remember the time and manner, and

other circumstances of the division; how sir George Carteret assured his

highness (he being duke of York) that he chose the least part, because near

unto his government of New-York. It is likewise well known, and can be

attested by diverse, that sir George Carteret did value his share, tho' by

him acknowledged not half so large as the other; yet abundantly preferable

upon the account of its being well settled with a sober and industrious

people, which would invite others to come there, Whereas the other was a

desart, and so little esteemed for some time, that land in East-Jersey

sold ordinarily eight, and often ten times the value which was given for

land in West-Jersey: It had the advantage of seven fair towns, inhabited

by 3500 people; as appears by a list I have: They well accommodated with

corn and stock, able to supply at easy rates, new-comers with corn and

cattle; which cost the first settlers of West-Jersey a third more: Besides

the neighbourhood of New-York, a place of great trade, where they could be

readily supplied with whatsoever cloaths, utensils, &c. they wanted. I

flattered myself with hopes, that Mr. Penn, a person of great ability and

interest among the proprietors of New-Jersey, and who hath often professed

a great kindness for the inhabitants of West-Jersey, would have afforded

me some assistance, and moderated at the least the violence of the

current, upon the pretended agreement; but he hath frustrated my

expectation, by complying with them in all things, and signed with the

rest; which I confess was extreamely surprizing to me: and will, I doubt

not, appear a little strange to divers amongst you: I could not imagine any

considerate indifferent person could approve so unreasonable and

surreptitious an award: But I perceive, that which most influenced him, is

a persuasion that the division ought to be equal in quantity, and is

confirmed therein by a passage in Mr. Byllinge's commission for settling

bounds; wherein he uses the word equal; and is persuaded, being herein

influenced by Mr. Keith's false map, of which I have sent you a copy, that

Mr. Reid's proposal is very fair and an exact equal division of the

country. I do not herein charge Mr. Penn with any fault, who I believe

acts according to his convictions but I only acquaint you herewith, that

you may understand your own misfortune, for had not Mr. Penn embraced our

interest, we should probably have made a more speedy and advantageous

agreement the proprietors being mightily fortified by his countenance and

authouty to adhere to the late award, only as a great argument of their

moderation and justice: They have made an order signed likewise by Mr.

Penn, that if upon a new survey, it appears this agreement give them the

greater moiety, they will refund so much as may reduce it to an exact

quantity. It was a great defect on your part, to agree upon a division

either with New-York or East-Jersey, until you had a most exact survey of

the country; they of New York and East-Jersey, have in this respect,

exercised the highest prudence, knowing the whole country to a little, and

thereby have both overreached you. I have seen their draughts, than which

nothing can be more exact; but they dare not yet print them, 'till they

have adjusted the affair with you, lest their own maps should rise up

witness against them: And considering how curiously and diversely Rariton

south, and Passaick river are branched, I judge their country, quantity

for quantity, double the value of ours: I never yet saw any maps of West-

Jersey, in the least comparable to these of East-Jersey; I have sent you a

pattern of one part of their country, tho' they have a draught of every

parcel, and ten times more large and particular than this. I do therefore

make it my serious advice, and earnest request, that you will, with all

speed, cause a very particular map to he made of your country: I do not

mean of every propriety or plantation, but a true account of the length,

with a note, if any part of the country be extraordinary barren; where

those barrens are, and of what extent: I had almost forgot to tell you a

pretty policy of Mr. Keith and John Reid, I suppose by direction from some

of their superiors: The draughts they produce for division, are not in the

least according to truth, nor according to those they sent their

proprietors, whereof I having been two years of East-Jersey, have most

certain knowledge, and exact copies of their own draughts, to compare

them; but in those maps they produce for division, they make our country

towards the sea and bay, near double the bigness it really bears, and

their own almost half as little as really it is; thence arguing for the

reasonableness of addition unto the true line; and indeed that which they

pretend an equal division, to say nothing of its exceeding ours, generally

speaking in goodness; it is above a fifth part greater in quantity, so

that having received upon all hands, so unfair dealings, I declare it unto

you all, as my opinion and advice; and if I have any authority amongst

you, I intreat and require, that you treat not with them any further about

any accommodation, nor own that pretended to be already made; but stand by

the letter of the agreement between sir George Carteret and Mr. Byllinge,

viz. That the line be run directly from the east side of Little

Egg-Harbour, unto the most northerly branch of Delaware river, in forty one

degrees and forty minutes: And I question not, but we shall bring them to

more reasonable terms than any they have hitherto proposed; at least no

pains nor cost shall be wanting on my part; and I have the concurrence of

all our proprietors, Mr. Penn excepted, whom I could any ways meet with or

consult: And whereas I am very credibly informed that the proprietors of

East-Jersey, have ordered lands to be taken up in divers places near the

new pretended line of partition; that having possession, upon are view

they may have a more spacious claim; if any attempt of this nature be

made, I do not only protest against it, but request and desire that all

the inhabitants of West-Jersey do the same; and at the same time, the

surveyor of West-Jersey, or his deputy, do immediately take up in my name,

all that land which is westerly of the Mill-Stone and Rariton river, which

was not actually in their possession of East-Jersey, at the time of their

pretended award between Mr. Emley and Reid: You will better understand my

mind by the inclosed map, which is a copy exactly drawn from one of their

originals; and we favour them very much in going no further, (for

according to strictness, our line runs within three miles of Perth city)

and by allowing them that great tract of most excellent land, from thence

to the meeting of Millstone and Rariton river. I shall add one thing more,

which seemeth to me of the greatest consequence: I beseech you let there

be no animosity or indignation, severe censure, or spightful reflections,

on those who gave their consent unto the award made by Emley: For my part,

I am fully satisfied in the honesty and fairness of their intentions; but

the best of men may be overreached by cunning designing persons; forget

what's past, and live together as becomes christians, and neighbours and

countrymen. As I have taken care that the publick shall not suffer by

their act, so I shall likewise endeavour to secure them from any trouble,

only they cannot act in conjunction with the rest of the proprietors;

concerning which I shall give them particular instructions; in the

interim, I remain your most affectionate friend*,

 

DAN. COXE.

 

* The papers here and before introduced, relating to the division line

between East and West-Jersey, appeared to be those best adapted to give a

general insight into the proceeding; and the reader may rest assured that

they were not selected with the least partial biass to either side of the

question; but if contrary to expectation, it should be hereafter found

that any thing material to the purpose is omitted, upon its being properly

pointed out, endeavours will be used, with the utmost candour, to have

such emiasion supplied, or the matter otherwise rectified, asfar as

opportunity may allow.

 

 

NUMBER V.

The council of proprietors of West-Jersey, to governor Burnet.

 

To his excellency William Burnet, esq; captain general and commander in

chief of the province of New-Jersey, &c. and the honourable his majesty's

council there met.

 

In obedience to an order of council, appointing a time to the proprietors

for exhibiting their reasons, why the bill for repealing an act for

running and ascertaining the line of partition between the eastern and

western division of New-Jersey, now lying before the council, should not

pass. We for ourselves, and in behalf of those for whom we are concerned

with, other the proprietors of New-Jersey; humbly beg leave to represent

as followeth, viz.

 

That king Charles the second having by letters patent in the year 1663,

granted to his brother, his royal highness the duke of York, and his heirs

and assigns, all those tracts of land in America, of which the colonies of

New-York and New-Jersey, now consist; his royal highness by good deeds and

conveyances in the law, granted all that part called the province of New-

Jersey, as it is now bounded by the sea, Hudson's river, Delaware bay and

river; and a strait line running from the latitude of 41 degrees, on the

west side of Hudson's river, to the latitude of 41 degrees 40 minutes, on

the east side of Delaware river; unto the right honourable John lord

Berkeley, and sir George Carteret, and to their heirs and assigns for ever.

 

That the said lord Berkeley, by like deeds, granted his moiety or half

part of the said tract or province, unto John Fenwicke, in trust for

Edward Byllinge; and the said Fenwicke, by other like deeds duly executed,

declaring the said trust, granted nine tenth parts or ninety hundredth

parts of all the said moiety, which the said lord Berkeley had conveyed to

him as aforesaid, unto William Penn, Gawen Lawrie, and Nicholas Lucas, in

trust for the said Edward Byllinge.

 

That the said sir George Carteret, and the said Edward Byllinge, and

trustees, upon a full and absolute agreement among themselves, for

dividing the said premisses into two equal parts in value, by indenture

quintipartite; dated the first of July, 1676, did accorddingly divide the

said land, by a line to be run from little Egg-Harbour, to a certain

station point in the latitude of 41 degrees 40 nainutes, on the most

northerly branch of Delaware river; by which the easterly part was

ascertained to sir George Carteret, and the westerly to said Edward

Byllinge and trustees.

 

That after the said partition so agreed, the said Edward Byllinge, and

trustees, proceeded to grant and convey the said Edward Byllinge's part or

share, being nine-tenth parts of the western moiety, unto several

purchasers, under whom most, or all the lands of the said western division

are held, excepting only Salem tenth; and that the proprietor of the said

tenth acquiesed also in the same, can be anticiently proved: And in all

and every of those deeds of conveyance, the said indentures quinti-

partite, and divisions made thereby, are recited as the foundation on

which all those grants respectively are made in the said westerly part or

division.

 

That after the said sir George Carteret's decease, his widow and executrix,

who was thereunto fully impowered, granted all the easterly part of the

said province, to certain purchasers, called the proprietors of East

Jersey, by sundry deeds and conveyances, all which deeds in like manner

recite the aforesaid indenture's quinti-partite, as the foundation on

which all those grants in the eastern division are made respectively.

 

That it is only by force of this agreement and partition, executed as

aforesaid, that the proprietors of the western division are limited to the

western part of the said province, on the side of Delaware; and that the

proprietors of the eastern division are limited to the eastern part of the

said province towards Hudson's river and the sea; for had no such division

been agreed on, as is recited in all the respective deeds of conveyance to

the proprietors, those of the western division, might with an equal right,

have claimed the land towards Amboy, &c. and those of the eastern might

have claimed the lands towards Burlington. But the said quanti-partite

indenture being executed as aforesaid, before the sales to the proprietors

were made, and recited in all the deeds of conveyance, became an absolute

limitation; so that neither on the one part nor on the other, any purchasor

could claim otherwise than according to that limitation, by which their

lands were actually conveyed.

 

That notwithstanding this legal, clear and absolute partition, which is

binding on every proprietor of the eastern division, and at least on all

the nine tenth parts of the western division, sold by Edward Byllinge, or

his trustees, and from which, those who are skilled in the law, well know

it is impossible legally to recede, without the joint concurrence of every

individual interested on the purchases made under Edward Byllinge, and

trustees, and under sir George Carteret; for it is well known, that no

majority without the whole will in these cases determine the point; yet

there have been some persons found from time to time, who on partial views

to themselves, have laboured to introduce some other sort of division; and

considerable numbers have been so far unhappily imposed upon, as to

imagine a change thereof might be practicable, from which unfortunate

deception, attempts have been made to alter it, and some lines for that

purpose have been run, and settlements thereupon made, without due regard

to the true bounds of the respective divisions; which introduced such

confusion, that the value of lands near the boundaries, have been much

lessened, and the people discouraged from making improvements, where the

right to the soil itself was liable to be questioned, as not lying within

the division, under which it was purchased.

 

That the mischevious consequences and manifest irregularities of those

attempts, as well as their injustice and iconsistency with law and reason;

being at length maturely considered under the administration of your

excellency's honourable predecessor, brigadier Hunter; a bill was

prepared, not only for causing the aforesaid partition line, directed by

the quinti-partite indentures as aforesaid, to be actually run, as the

only legal division that could be made, and which might well at any time

have been run, by the tenour of the proprietors general deeds, without any

leave, if means could have been readily found to defray the charge; but it

was also more especially provided in the said bill, for the settlement of

all those who by any mistake had seated themselves, or taken up their

lands, without the bounds of their respective divisions, in which they

ought to have been surveyed, that they should all be served in their

respective possessions, by the exchange of an equivalent, granted by each

division to the other; which method was judged to be the only practicable

means of making all those inhabitants easy and safe, in all their

improvements and estates; and accordingly the said bill, though at first

exploded in the assembly, as being brought into the house somewhat too

late in time; yet when admitted, was passed by the governor and council,

and by the same house, without one dissenting vote.

 

And in pursuance thereof, with the concurrence and assistance of the

several provinces concerned, the station point, at the latitude of 41

degrees 40 minutes, upon Delaware, was fixed, and random lines were

carefully run along the whole distance of the two extreme points, that the

true line itself might be run with the greater certainty and ease: It was

therefore astonishing to us, to find (as your excellency and honourable

council have been plessed to make known to us) that it should enter into

any man's thoughts, to solicit the repeal of an act grounded on so solid

and unmovable a foundation in law on one part, and on such justice and

equity on the other, as we have here humbly represented; and this even

without the least offer of any other plan for remedy of the evils under

which this province has so long laboured for want of a due settlement in

the premises.

 

Nor can we conceive what motives could possibly induce any inhabitant of

the province, to endeavour to sap the very foundation, of all our

settlements, unless there should be any of the opinion, that a just,

regular and final determination of the boundaries, and a clear and quiet

establishment should not quadrate with their particular interests; and

that they may hope for greater advantages from their own boundless claims

in a state of confusion: That there may be something of this kind in view,

we have but too great reason to apprehend from the strenous endeavours

used of late to diffuse groundless jealousies and false insinuations among

the people of the western division, as if the lesser proprietors would by

the late act, be in danger of losing their fourth dividends, while the

greater would be secure in the possession of theirs; the absurdity of

which, the act itself, with the common method of taking up those lesser

fourth dividends, will fully evince; as also introduce new and

extraordinary methods of splitting the smallest shares for qualifying

votes for the council of proprietors, who at this time consist of a number

of men, whose shares (one gentleman only excepted) will not, as we are

well assured, amount to two proprieties in the whole; nor were their

electors much differently qualified, as upon a scrutiny, may be fully made

to appear.

 

But as your excellency's principal concern, is the peace and prosperity of

the people, committed by his majesty to your care; and no subjects can be

more deeply interested in the same, than his majesty's honourable council

for the same province; and as your wisdom we doubt not will as clearly

see, as your justice will dispense, and order what may most conduce to

those desirable ends; in a firm dependance therefore on both these, we

shall crave the liberty to pray, that the said bill now lying before the

council, for repealing that most useful act, may be rejected; and that

instead of yielding to what might engage his majesty's province in future

confusions, your excellency and the council, together with the assembly,

would be favourably pleased to encourage such other proposals as may be

made, for happily ending all manner of controversies and disputes,

concerning the estates of the people of the said province.

 

John Ladd, for himself and Col. John Alford; John Budd, for self and

Boulton; John Kay, Wm. Cooper, Francis Rawle, Jun., Charles Brogden, Samuel

Lippincott, John Snowden, Jun., Isaac DeCow, for himself and Samuel Barker;

Matthews Gardiner, Isaac Pearson, William Pancoast; William Riles, Isaac

Watson, William Rawle, Thomas Sharp, for self and John Dennis; John

Estaugh, for the London company, John and William Dimsdale, Peter Rich,

Benjamin Hopkins and self; William Biddle, Hugh Sharp, Henry Hodge, Robert

Rawle, George Budd; James Logan for proprieties, William Penn's family 12,

John Bellers 1, Amos Sttretle 1, myself 1/3; Richard Hill for Nath.

Stanbury, Mary Willson. [note punctuation]

 

 

NUMBER VI.

Reasons and proposals for an amendment of the Quinti-partite line, and the

act made for the conftrmation thereof.

 

First, Because the act was passed without the knowledge or consent of

numbers of the proprietors, and the allowing or disallowing the line,

being matter of property, and of great consequence to them; it is

conceived to be against natural justice to pass any law, to dispose of

their private property without their consent.

 

Second, Because there was another line more fairly and equally agreed to

by the governors, and majority of the proprietors of each division, and

actually run at great expence.

 

Third, Because the act is deficient in divers instances, and particularly

in this; that tho' by the act, the quantity of land in each division, is

to be the same, yet the quality thereof is not regarded, and may be

extreamly different; the eastern division being well known to contain

considerable more good land than the western; which, with the addition of

Staten-Island, which it's presumed is their right, will make their share

considerable more in value than what must fall to the western proprietors;

and particular persons may be very much prejudiced thereby; for an equal

number of acres of land, up at Mohockamack, or in any of the upper parts,

would scarcely be thought an equivalent to any individual, for the loss of

a tract in the lower part of the province.

 

[The "Fourth" appears to be omitted, but the following Appendix, "Number

VII," the East-Jersey Proprietor's answer to these complaints, refers "To

the Fourth" as having to do with mistakes and delays related to the actual

running of the quintipartite line. - Ed.]

 

Fifth, That several tracts of lands, since the making of that act, have

been taken up both by western and eastern proprietors, which the line,

when run, may cast into the opposite division from that they were thought

to be; and as this mistake would not have happened but from the neglect of

running the line, it would be hard they should suffer, and would therefore

be proper to fall on measures to secure them in their possessions.

 

Sixth, The commissioners and surveyors are not limited from, but have it in

their power to give away (under pretence of an equilant) the estate of any

one proprietor, if in the fourth dividend, tho' it should amount to 10 or

20,000 acres, and that before sold or disposed of.

 

Seventh, That many of the proprietors and purchasers in West-Jersey, had,

before the making of that act, sold several tracts of land, surveyed and

recorded in right of a fourth dividend, which may fall to the eastward of

the quinti-partite line, tho' they were to the westward of the line agreed

to by Coxe and Barclay, (which at that time was universally esteemed to he

the true line) yet by this act the purchaser may be ousted of his

freehold, and the vender liable to he sued and put to great charge; which

is an inconveniency proper to be considered and redressed. It is therefore

proposed, that the proprietors of each division, should consent to an

amendment of the above grievances, and that an equivalent be given to the

western proprietors, for the loss of that gore of land between the quinti-

partite line, and that commonly called the scotch line, up to the south

branch of Rariton: and also for so much of that tract of land lying in the

forks of the north branch of Rariton, held under eastern rights, should it

be confirmed to the eastern proprietors pursuant to that act, it being

always received to be in the western division by the agreement made

between Coxe and Barclay.

 

 

NUMBER VII.

At a council of proprietors held at the city of Perth-Amboy, August 17,

1742.

 

PRESENT: John Hamilton, esq; president; Mr. Dunstar; Robert Hunter Morris,

esq, for Mr. Ashfield's propriety; Mr. Peters, for Messrs. Penns.; Mr.

Leonard; Mr. Alexander; Mr. Nevill; Mr. Johnston; Mr. Smythe; Mr. Burnet;

Mr. Foreman.

 

This board having had under consideration, at its several meetings in and

since September last, the paper delivered by the western proprietors,

entitled, reasons and proposals for an amendment of the quinti-partite

line, and the act made for the confirmation thereof, have hitherto delayed

coming to any resolutions; in order that all the members might thereby

have an opportunity of weighing and giving their judgments in a matter so

nearly affecting their interest; and the same being now maturely

considered at a full board, it is unanimmisly agreed, to return the

following answers to the several articles of the said paper.

 

To the first, it is the opinion of this board, that though the act might

have passed without the knowledge and consent of some of the proprietors

of the western division of New-Jersey, yet they have reason to believe, it

was warmly solicited by such as were owners of a great number of the

shares, and past with the consent of a greater number of those

proprietors, than ever hath been, or can be got to agree to any alteration

of that act: As to the quinti-partite line, the deed of 1676, by which it

was agreed on, having been executed by all the then proprietors of the

eastern and western divisions of New-Jersey, did legally establish that

partition line; and being so established, it wanted not the authority

of that act to make it binding on all parties thereto, and their assigns;

nor does that act, as we conceive, by establishing that line, dispose of

any man's property.

 

To the second, this board has been informed, and believes, that in the year

1686, the lieutenant governors of the eastern and western divisions of

New-Jersey, entered into bonds of arbitration, to stand to the award of

John Reid and William Emley, concerning the partition line between East

and West-Jersey; and that those arbitrators made an award of the course

which such line should run from little Egg-Harbour; and that the following

year George Keith, surveyor general of the eastern division; did, as we

believe, at their expence, actually run the line so awarded, from little

Egg Harbour, to Dobies plantation, on the south branch of Rariton; which

is upwards of sixty miles.

 

This board has likewise been informed, and believes, that another partition

line was afterwards agreed on between the chief governors doctor Coxe and

Robert Barclay; but has not heard of any part thereof being afterwards

actually run; and it appears not by any thing on our records, that either

of those two lines were made binding on the proprietors of either

division, or with consent of the majority of the proprietors; and had they

been with such consent, yet could they not thereby have appeared to alter

the quinti-partite line before agreed to by all the proprietors.

 

To the third, we know nothing in the act that supposes the quantity of

land in each division to be the same; nor do we conceive after the

execution of the quinti-partite deed, that the proprietors of either

division had any concern with the quantity or quality of the land of the

other division; tho' were it a matter proper to be enquired into, we have

reason to believe, that the western division would be found to contain a

much greater number of acres, even including Staten-Island, than the

eastern division.

 

To the fourth, there has been many applications from the eastern to the

western proprietors, to join in the running the quinti-partite line

according to the act, and the eastern proprietors have always been ready

to join in that work; and if any mistakes have happened such as the

article sets forth, its but reason they should suffer, seeing the

proprietors of both sides were sufficiently warned by that act, of the

danger of such mistakes, and ought to place their loss thereby to the

account of those who have been the cause of the delay of the running of the

line.

 

To the fifth and sixth, we are of opinion, that the act was principally

framed, with a view to prevent the inconveniencies set forth in these

articles, and is sufficiently worded to answer the ends.

 

As to the equivalent proposed by the said paper to be given to the western

proprietors, we conceive, that the act has fully provided a remedy for an

equivalent to that division, to which it shall be found to belong. And

upon the whole, as the act was passed with the consent of a very great

number of proprietors, especially of the western division, and as the act

has received the royal assent, so that no alteration can be made therein

but by the king's express assent first had: And as it might be of very

dangerous consequence, to alter or attempt the altering any part thereof;

and as we believe the consent cannot be had of so great a number of the

proprietors to any alteration, as there was to the making of the act; we

cannot agree to any the least alteration therein; and hope the western

division proprietors will join with the eastern proprietors in the running

of the line, and estimating the equivalent, pursuant to the act: And that

the work may be begun this fall, and carried on in the manner proposed by

the minute of this board, of the 28th of May, 1741, (whereof a copy was

then sent to the western proprietors) or in such other reasonable manner

as can be agreed on; and hope, that we may not be laid under any necessity

of running the line exparte, or of taking any compulsory method for

settling the equivalent; and in hopes that things so disagreeable, might

have been avoided, we have hitherto delayed the having recourse to them.

 

Ordered, that Mr. Johnston, Mr. Nevill, Mr. Burnet, Mr. Leonard and Mr.

Smyth, or any three of them, be a committee to agree with the western

division proprietors, upon the time, ways, and means for running the said

line, pursuant to the act; having regard to the former minutes of this

board concerning the same, and to employ the persons necessary for the

work in behalf of the eastern proprietors; which committee are to be ready

at Perth-Amboy at any time, until the end of March next; to meet or

correspond with a committee of the western proprietors for the above

purpose.

 

Ordered, that if any other of the members of this board, be at Perth-Amboy,

that they be admitted into the said committee.

 

Lawr. Smyth, register to the council of proprietors.

 

 

NUMBER VIII.

To the King's most excellent majesty.

 

The remonstrance and humble petition of your majesty's most loyal subjects,

inhabiting in your majesty's province of East New-Jersey, in America.

 

Humbly sheweth,

 

That whereas your majesty's humble petitioners did remove and settle

themselves into the said province of East New-Jersey, and by virtue of a

licence from the honourable colonel Richard Nichols, governor of the said

province, under his then royal highness the duke of York, to purchase

lands of the native pagans; did, according to the said licence, purchase

lands of the said natives, at their own proper costs and charges; and

whereas since his said royal highness did sell and transfer all his right

and interest to the said province of East New-Jersey, to certain

proprietors; by whose licence, several others your majesty's loyal

subjects, have also since purchased lands at their own proper costs and

charges, of the native pagans of the same place; whereby they humbly

conceive they have acquired and gained a right and property to the said

lands so purchased; yet notwithstanding, your majesty's loyal subjects are

molested, disturbed and dispossessed of their said lands, by the said

proprietors or their agents; who under pretence and colour of having

bought the government, with the soil, have distrained from, and ejected

several persons for and under the pretence of quit rent, and lord's rent;

whereby your majesty's liege subjects have been sued, and put to great

trouble and charges, and have been compelled to answer to vexatious

actions; and after they have defended their own rights, and obtained

judgment in their favour, could not have their charges, as according to

law they ought to have; but have been forced to sit down under the loss of

several hundreds of pounds, sustained by their unjust molestations.

 

And farther, notwithstanding your majesty's liege subjects have purchased

their lands at their own proper costs and charges, by virtue of the

aforesaid licence; yet the said proprietors, governors or agents, without

any pretended process of law, have given and granted great part of the

said lands, by patent, to several of the said proprietors and others, as

to them seemed fit.

 

And notwithstanding their pretence to government, yet they left us from

the latter end of June, 1689, 'till about the latter end of August, 1692,

without any government, and that too in the time of actual war; so that

had the enemy made a descent upon us, as we were without any military

officers to command or give directions, in order to our defence, or

magistrates to put the laws in execution; and during the whole time, the

said proprietors have governed this your majesty's province, they have

never taken care to preserve or defend us from the native pagans, or other

enemies, by sending or providing any arms, ammunition or stores; but

rather have provoked and incensed the said natives to make war upon us, by

surveying and patenting their lands, contrary to their liking, without

purchasing the same from them, or making any satisfaction in consideration

thereof; and sometimes when the said natives have sold and disposed their

lands, as to them seemed meet, they the said proprietors have disposed of

the same to others, or else found them who had the property in it, to

purchase it of them, upon their own terms; which the said natives have

highly resented, and often complained of, and (may justly be feared) wait

only for an opportunity to revenge it upon the inhabitants of this your

majesty's province.

 

And further to manifest the illegal and arbitrary proceedings of the said

proprietors, in contempt of your majesty's laws, and against their own

knowledge, signified in a letter by them to the council here in East New-

Jersey, wherein they say as followeth: "We have been obliged against our

own inclinations to dismiss colonel Hamilton from the government, because

of a late act of parliament disabling all scotchmen to serve in places of

publick trust and profit, and obliging all proprietors of colonies to

present their respective governors to the king, for his approbation; so we

have appointed our friend Jeremiah Basse, to succeed colonel Hamilton in

government, whom we have also presented to the king, and by him he is

owned and approved of." Notwithstanding which letter, they have superseded

the said Jeremiah Basse (whom they wrote was approved by your majesty) and

have commissionated the said colonel Hamilton, without your majesty's

royal approbation; although removed before by them, as a person disabled

by law; who now by virtue of their, the said proprietors commission only,

would impose himself upon us as governor; and when in government before,

superseded by the aforesaid Basse, was by them continued about a year

after the 25th of March 1697, without taking the oath enjoined by law; and

doth now presume to exercise government, not having legally taken the said

oath, or having your majesty's royal approbation. The said proprietors of

East New-Jersey, have also, in contempt of your majesty's known laws,

commissionated a native of Scotland to be secretary and attorney-general

of this your majesty's province; (being both places of the greatest trust

next to the governor) and one of the same nation to be clerk of the

supreme court of this your majesty's province; which may be of ill

consequence, in relation to the act of trade and navigation, and to the

great hindrance of your majesty's loyal subjects, (the power of government

being chiefly in the hands of natives of Scotland) from informing against

any illegal or fradulent trading, by Scotchmen, or others in the province.

 

We your majesty's loyal subjects, labouring under these, and many other

grievances and oppressions, by the proprietors of this your majesty's

province of East New-Jersey; do in most humble manner, lay ourselves

before your majesty (the fouutain of justice) humbly imploring your

majesty will be graciously pleased, according to your princely wisdom, to

take into consideration our evil circumstances, under the present

proprietors, (if the right of government is invested in them) and that

your majesty will be graciously pleased to give your royal orders to the

said proprietors, that with your majesty's royal approbation, they

commissionate for governor, a fit person qualified according to law, who as

an indifferent judge, may decide the controversies arising between the

proprietors and the inhabitants of this your majesty's province; and

settle all the differences, which at present they labour under; and your

majesty's petitioners as in duty bound, shall ever pray.

 

John Royce, Samuel Walker, Vincent Rugnion.

 

Memorandum. Besides these three, there are 221 more in the original.

 

NUMBER. IX.

To the right honorable the lords of the council of trade and foreign

plantations.

 

The memorial of the proprietors of East New-Jersey, in America.

 

The proprietors having in all their applications to this honourable board,

shewed an aversion to have any controversy with his majesty; as by their

several expedients in their memorials laid before your lordships may

appear; and considering how often the near neighbourhood of East-Jersey to

New York, (the most important frontier belonging to the crown of England,

in North-America) has been urged upon them, to induce them to a

resignation of their govemment; they do hereby declare themselves ready to

surrender the same to his majesty; although the government was the chief

motive of purchasing the said province, which they did by the opinion and

advice of eminent council, learned in the law; upon the credit of which,

and the confirmation by king Charles the second, of the title to the

grantees, their heirs and assigns, as absolute proprietors and governors

(as by his proclamation hereunto annexed does appear) they have buried

great part of their estates in building, and planting the country; and at

their own expence maintained the government for several years past, as

well as before his majesty's happy succession to the crown, as ever since;

and have not received any returns whatsoever, for all their labour and

cost to this day. In consideration of the premisses, the proprietors do,

in humble confidence, rely on his majesty's justice and goodness, to

confirm to the proprietors and planters respectively, the following rights

and privileges; to render them (at least) as easy under his majesty's

government, as when under the proprietors; towards which they presume to

enumerate the following particulars, viz.

 

First, That his majesty will be graciously pleased to confirm to them, the

soil and lands of the said province, and the quit rents reserved upon the

grants made, or to be made to the planters or others.

 

Second, That upon the annexation of the government of the said province, to

that of New-York, the port of Perth-Amboy may be established, for entering

ships, and importing goods there, and exporting goods from thence, without

being obliged to enter their ships at any other place; paying the same, or

like custom to his majesty, as are or shall from time to time, be payable

at New-York.

 

Third, To have free liberty to trade with any Indians, or other

inhabitants of America, without interruption; and the proprietors to have

the sole privilege (as always hath been practised) of purchasing from the

Indians, all such lands lying within East-Jersey, as yet remain

unpurchased from them.

 

Fourth, All necessary officers and courts ofjustice, for administration of

justice, in cases criminal and civil, to be appointed and held in East-

Jersey; in the same manner as is practised within the government of New-

York; and that the inhabitants may not be obliged to go to New-York, or be

impleaded there, for any criminal or civil matter arising within East-

Jersey, nor be compelled to serve upon juries, or in any ministerial

office within the province of New-York.

 

Fifth, That a superior court be held twice a year, at Perth-Amboy, before

which writs of error, or appeals (in the nature of writs of error) from

other courts within the province, may be brought and determined.

 

Sixth, That the public register, and all records relating to the said

province, may be kept at Perth-Amboy, and not removed to any other place;

and that the constituting of the secretary and register, and the surveyor

general of the said province of East New-Jersey, remain in the proprietors.

 

Seventh, That the same number of counties be continued in East Jersey, as

there are at present, and by the same names; and that each county in East

Jersey, may choose and send as many representatives to the general

assembly, to be held for New-York and East-Jersey, as are or shall be

chosen by any county in New-York; and if any more counties shall be

hereafter created or appointed in New-York, as many may be created and

appointed in East-Jersey.

 

Eighth, That a proportionable number of the inhabitants of East-Jersey, may

be appointed to be of the governor's council, at all general assemblies,

and to have votes therein.

 

Ninth, That the twenty-four proprietors may be lords of the soil, and hold

courts for the lands in their proprietyships, and appoint all officers

that relate thereunto.

 

Tenth, No person or persons whatsoever, to be molested or deprived of any

civil right or privilege, or rendered uncapable of holding any office or

employment in the government, because of their religious principles; the

province being planted by protestant people of divers persuasions, to whom

that liberty was an original encouragement.

 

Eleventh, That all wills of persons dying within East-Jersey, and letters

of administration of estates lying there, may be made and granted by the

chief judge of East-Jersey, for the time being, who is to reside there,

and a register thereof kept at Perth-Amboy.

 

Twelfth, That the proprietors still have their powers continued, to grant

markets and fairs in the said province.

 

Thirteenth, Lastly, all lands, goods and chattles of felons, felons of

themselves, deodands, fugitives, persons outlawed and put in exigent,

waifs, estrays, treasure trove, mines and minerals, royal mines, wrecks,

royal fish, that shall be forfeited, found or taken within East-Jersey, or

by the inhabitants thereof, within the seas adjacent, to remain to the

proprietors, with all other privileges and advantages, as amply as in the

grant and confirmation to them of the fourteenth of March, 1682.

 

And because many of the proprietors of East-Jersey, are also proprietors of

West-Jersey; it is humbly desired, that colonel Andrew Hamilton, may be

dispatched by this board, to the government of West-Jersey; his presence

being much wanted there, for the convenience of his majesty's subjects in

that province. Signed by order, and on behalf of the proprietors.

 

WILLIAM DOCKWRA, secretary and register.

 

 

NUMBER X.

Opinion aud answer of the lords commissioners for trade and plantations,

to the memorial of the prorietors of E. N. Jersey in America, signed by

Mr. Dockwra and received from him the 5th of July, 1699.*

 

ARTICLE I. We have no objection to what is herein desired.

 

ARTICLE II. We conceive his majesty may do what is herein proposed, in case

the proprietors accept of a new charter, with such conditions as are

reasonable, with relation to their propriety; but that it is very improper

for his majesty to oblige himself to a compliance with this article by any

clause in the new charter.

 

ARTICLE III. The first part of this article is unreasonable; since it may

happen to be sometimes advisable to restrain this liberty: But the

proprietors of East-Jersey may have the same liberty granted them of

trading with the Indians, as is granted to the inhabitants of New-York, or

any other plantation in America, under his maiesty's immediate government;

what relates to the purchasing of land may be allowed.

 

ARTICLE IV. The first part of this article, we conceive, may be fit to be

allowed, (provided the officers be appointed by the king's governor) but

not without appeals in civil matters, to the king's governor and council,

and to the king in council; nor so as to hinder trials in criminal

matters, by his majesty's especial commission, to be executed either in

New-York, or East-Jersey, as shall be thought fit; New-York and East-

Jersey being to be accounted one province, without distinction, except as

to the propriety of lands, and the domium utile.

 

ARTICLE V. This article we think fit to be allowed of, provided there be a

further appeal to the governor of New-York, and council, which is to

consist as well of the inhabitants of East-Jersey, as of those of New-

York, indifferently.

 

ARTICLE VI. What relates to the publick register and records, to be kept at

Perth-Amboy, may be allowed; but the not removing them to any other place,

upon any account whatsoever, when the publick service shall require it,

seems unreasonable; and the proprietors constituting of the secretary and

register (which the king does every where appoint) does not seem fit to be

allowed; nor is it fit there should be more than one chief secretary, both

for New-York and New-Jersey, who may appoint a deputy to officiate in his

absence from either place.

 

The surveyor general has a more particular reference to the proprietors and

their lands; so that their constitution of such an office may be allowed.

 

ARTICLE VII. We have no objection against the number of counties; but the

rest of this article seems to be wholly unreasonable; and in case East-

Jersey be allowed to send one sixth part of the representatives of the

general assembly; and West New-Jersey one sixth more (which would be one

full third of the whole number of the representatives for New-York and the

Jersies) it is as much as can well be allowed; since otherwise these two

Jersies under proprietors, would come in competition with New-York itself,

and out-vote that part of the province when united; so that one-third of

the number of representatives for the Jersies, and two thirds for New-York

(or thereabouts) seems a reasonable proportion.

 

ARTICLE VIII. This may be reasonable; but then the proportion must be

agreed on, so as to answer that of the preceding article.

 

ARTICLE IX. We have no objection to this article, in case those officers

be no other than such as constitute a court baron or leet in England.

 

ARTICLE X. This article mast be regulated by acts of parliament, and the

usage of New-York itself.

 

ARTICLE XI. The probate of wills is usually in the king's gonernor; but he

may appoint commissaries for executing the same in any part of his

government.

 

ARTICLE XII. We have no other objection, than that this power is usually

in the governor.

 

ARTICLE XIII. This article may be reasonable, except as to the goods and

chattels of traytors, fugitives, and persons outlawed, which is matter of

state; nor can right accruing to the proprietors from the seas adjacent,

be well circumscribed; the grant also of 1682, ought to be duly

considered, and such particulars therein as are proper, may be allowed of

without such a general and undetermined reference.

 

* Taken from the books in the plantation office.

 

 

NUMBER. XI.

To the right honourable the lords of the council, of trade and foreign

plantations.

 

The humble memorial of the proprietors of the province of East New-Jersey

in America.

 

The proprietors in all their applications to your lordships, and

particularly in their last proposals, having expressd a great readiness of

complying with his majesty's pleasure, in relation to their government, so

as their properties might be preserved to them, by such concessions on his

majesty's part, as are necessary to that end; are surprised at the dubious

answer returned by your lordships to the second article of their

proposals, concerning the establishment of a port at Perth-Amboy, for

entering ships and importing goods there, and exporting goods from thence

without being obliged to enter their ships at any other place. For the

principal objection that has been always made, to the allowance of a port

in East-Jersey, arising from the non-payment of customs there, and the

detriment accruing to the trade of New-York; by reason thereof the

proprietors conceived, that by submitting to pay the same customs as are

paid at New-York, they had effectually answered that objection, and

prevented all others; and that they being his majesty's subjects, and

equally entitled to his favour and protection with the inhabitants of New-

York, might under the payment of such duties, freely enjoy those

conveniencies for trade, which God and nature have allotted to their

colony, and they have purchased with their money, and which has not been

denied to any other American plantation; tho' paying no customs, but

permitted as a natural right. The proprietors therefore crave leave (in

pursuance of that sincerity and plainness wherewith they have all along

addressed to your lordships on this occasion) to declare, that the

obtaining a port to be continued forever, was their main inducement to

consent to a surrender of their government; and therefore, they insist,

that in the new charter to be granted them by his majesty, there be an

express clause inserted, whereby Perth-Amboy shall be established a port

forever, for entering all ships coming into, and going from East-Jersey,

for importing and exporting goods; and that such port shall not be

forfeited or taken away for any misdemeanor whatsoever, but only the

persons guilty of the misdemeanor, shall be accountable and punishable for

it.

 

This is the only thing that makes the province of any value to the

proprietors, or give them hopes of re-imbursing their purchase money, and

other expences in improvements; and if your lordships think it too great a

privilege for them, who have been faithful subjects to his majesty, and

contributed to the defence of the frontiers during the late war in

America, more than they were able to bear; the proprietors cannot be

accessary to their own ruin, by a voluntary surrender; but must endeavour

to vindicate their rights in a legal manner, and seek redress by such

other measures as they shall be advised to, and are consistent with their

duty to his majesty.

 

The proprietors do further crave leave to mention, that if their desire of

a port is once granted, they do not foresee any great diffieulty, to

adjust with your lordships the other articles mentioned in their memorial.

 

Signed on the behalf of the said proprietors, and by their order.

 

WILLIAM DOCKWRA, Secretary and Register.

London, 15th January, 1699-1700.

 

 

NUMBER XII.

To their Excellencies the lords justices of England.

 

The humble petition of the proprietors of the provinces of East and West-

Jersey, in America.

 

Sheweth,

 

That your petitioners, as they were advised by their council, being legally

entitled to the government of those provinces, by virtue of several grants

from the late king James, when duke of York, the declaration of the late

king Charles the second, under the great seal of England, and of several

acts of state and orders of council, admitting their right, have, for many

years appointed governors there, and particularly colonel Andrew Hamilton,

who administered the government, to the great service of the crown, and

universal satisfaction of the inhabitants, until an act of parliament

passed in the seventh and eighth years of his present majesty's reign,

entitled an act for preventing frauds, and regulating abuses in the

plantation trade.

 

Upon which law some doubt arising, whether a native of Scotland (as Col.

Hamilton is) were capable of being a governor of the plantations; your

petitioners, for avoiding any colour of offence against that act of

parliament, appointed one Jeremiah Basse governor of those provinces; but

the lords of the committee of trade and plantations, making then some

scruple concerning your petitioner's right of government; Mr. Basse had

not such a formal approbation of his majesty, as that act directs; and

though your petitioners were at the same time honoured with instructions

from the then lords justices, and lords commissioners of the treasury, for

their governors conduct, which were produced, and published by Mr. Basse,

as a testimony of his being nominated governor with the knowledge and

implicit consent of his majesty and his ministers of state; yet for want

of an express approbation in writing, the inhabitants refused to obey him;

and he returned to England: Whereupon your petitioners, who had been

informed of the opinions of his majesty's late attorney and present

solicitor general, that a native of Scotland was not disabled to execute

any office in the plantations, were induced to re-appoint the said Col.

Hamilton (then in England) governor of those provinces, whom your

petitioners presented to the lords of the committee of trade and

plantations, humbly remonstrating to them, the necessity of sending a

governor for preservation of the publick peace, and praying their lordships

recommendation of him for his majesty's approbation; but their lordships

having resolved to controvert your petitioners right of government, by a

trial at law, declared they could not consent to such an approbation,

without prejudice to his majesty's right; yet in regard to the necessity

of the people's being under some government 'till the right was

determined, their lordships delivered their opinion, that Col. Hamilton,

acting according to the laws of England, your petitioners might be safe in

commissionating him, and he in executing their commission; under the

security of which approbation, Col. Hamilton went over, and re-assumed the

government of those provinces; but some factious and turbulent persons,

impatient of any government, oppose his administration, because he is

not approved of by an order of council, according to the express letter of

the act of parliament, and have made so great divisions and confusions

there, that the publick peace is daily violated, and the publick justice

obstructed. That your petitioners have agreed, and are ready to surrender

all their right of government to his majesty, upon such terms and

conditions, as are requisite for preservation of their properties and

civil interests, and which they humbly hope will be allowed to them.

 

Your petitioners therefore most humbly pray, that for the preservation of

the publick peace of those provinces, your excellencies will be graciously

pleased, immediately to approve of Col. Hamilton to be governor of the

provinces of East and West-Jersey, until the terms of surrender can be

adjusted; and your petitioners shall ever pray.

 

Jos. Brooksbank, Dan. Coxe, jun., Tho. Hart, Joseph Ormston, Joseph

Ormston, as having procuration, Miles Forster and Edward Antill, Gilbert

Molleson, Tho. Barker, Tho. Lane, Paul Dominique, Tho. Skinner, John

Bridges, Michael Watts, E. Richier, Clem. Plumstead, Tho. Cooper, Walter

Benthal.

 

NUMBER. XIII.

Representation of the lords of trade.

 

To their excellencies the lords justices.

 

May it please your excellencies,

 

In obedience to your excellencies commands, signified to us by Mr. Yard,

upon several papers laid before your excellencies, relating to the state

of his majesty's provinces of East and West-Jersey, in America: We have

considered all the said papers, together with others of the like nature,

that were already in our hands; and having likewise heard what the

proprietors and others had to offer: we thereupon most humbly report to

your excellencies,

 

That those countries which are now known by the name of East and West

New-Jersey, were granted, together with several other territories, by king

Charles the second, by letters patents, bearing date the 12th day of

March, 1664, to the then duke of York, his heirs and assigns; together

with full and absolute power and authority to him, his heirs, deputies,

agents, commissioners and assigns, to correct, punish, pardon, govern and

rule, all such persons as did then, or should at any time thereafter

reside within the said territories, according to such laws, orders,

ordinances, directions and instruments, as by the said duke of York, or his

assigns, should be established; and with several other clauses relating to

the government and defence of the same.

 

That the said duke of York did thereupon grant, convey and assign, the said

provinces, (by the names of Nova-Caesaria or New-Jersey) to John lord

Berkeley and sir George Carteret, their heirs and assigns, with all and

every the appurtenances thereto belonging, in as full and ample manner as

the same was granted to him, by the aforesaid Jetters patents of king

Charles the second. That his said majesty king Charles the second, by

other letters patents, dated the 29th of June 1674, did again grant and

convey to the said duke of York, all the said lands and territories, in

the same manner as before expressed; and that several subdivisions and

sales, having in the mean while been made by the said lord Berkeley, sir

George Carteret, and others claiming under them; he the said duke of York,

did, by indenture, dated the 6th day of August, 1680, grant and confirm

the province of West New-Jersey, with all the appurtenances thereunto

belonging, to Edward Byllinge of Westminster, gent. in whom the title

thereunto then was, and to his heirs and assigns forever; and did in like

manner, by indenture, dated the 14th day of March, 1682, grant and confirm

the province of East New-Jersey, with all the appurtenances thereto

belonging, to James Earl of Perth, William Penn, esq; and several other

persons, in whom the title to the same then was; and to their heirs and

assigns forever; and by each of the said indentures, did likewise give,

grant, and assign unto the aforesaid respective grantees or assigns, all

and every such and the same powers, authorities, jurisdictions,

governments, and other matters and things whatsoever, which by the

aforementioned respective letters, patents, or either of them, were

granted or intended to be granted, to be exercised by him the said duke of

York, his heirs, assigns, deputies, officers or agents.

 

That the present proprietors who derive their respective titles to their

several shares and proportions of the soil of these provinces, by several

mean conveyances, from and under the aforementioned grants to Edward

Byllinge, and to the Earl of Perth, and other persons to whom the duke of

York had immediately conveyed the same; do in like manner, and by virtue

of divers such mean conveyances, claim the same powers and rights of

government as were granted by king Charles the second, to the duke of

York; and by him to others, according to the tenor of the aforesaid

indentures.

 

That nevertheless, we do not find, that any sufficient form of government

has ever been settled in those provinces, either by the duke of York, or

by those claiming under him, as aforesaid; but that many inconveniences

and disorders having arisen from their pretence of right to govern. The

proprietors of East New-Jersey, did surrender their said pretended right

to the late king James, in the month of April 1688; which was accordingly

accepted by him.

 

That since his majesty's accession to the crown, the proprietors both of

East and West-New-Jersey, have continued to challenge the same right as

before; and did in the year 1697, apply themselves to us, in, order to

their obtaining his majesty's approbation of the person whom they desired

to have continued governor of the said provinces, but at the same time

refused to enter into security to his majesty, pursuant to the address of

the right honourable the house of lords, of the 18th of March, 1696, that

the person so presented by them the said proprietors, should duly observe

and put in execution, the acts of trade; yet nevertheless proceeded, from

time to time, to commissionate whom they thought fit, to be governor of

those provinces, without his majesty's approbation; according to what is

required by the late act, for preventing frauds and regulating abuses in

the plantation trade.

 

That in this manner having formerly commissionated Col. Andrew Hamilton,

afterwards Mr. Jeremiah Basse; then again superceding their commission to

Mr. Basse, and renewing or confirming that to Col. Hamilton; and ever

since that also, some of them having sent another commission to one capt.

Andrew Bown: The inhabitants sensible of the defect and insufficiency of

all those commissions, for want of his majesty's authority, have upon

several occasions, some of them opposed one of those governors, some

another, according as interest, friendship, or faction had inclined them.

 

That the inhabitants of East New-Jersey, in a petition to his majesty, the

last year, complained of several grievances they lay under, by the neglect

or mismanagement of the proprietors of that province or their agents, as

particularly, that from the latter end of June 1689, 'till about the

latter end of August 1692 (which was a time of actual war) they had not

taken any manner of care about the government thereof, so that there

having been neither magistrates established to put the laws in execution,

nor military officers to command, or give directions, in order to the

defence of the province, they were exposed to any insults that might have

been made upon them by an enemy, unto which they also added, that during

the whole time the said proprietors have governed, or pretended to govern

that province, they have never taken care to preserve, or defend the same

from the Indians, or other enemies, by sending or providing any arms,

ammunition or stores, as they ought to have done; and the said inhabitants

thereupon, humbly prayed his majesty would be pleased to commissionate

some fit person qualified according to law, to be governor over them.

 

That it has been represented to us, by several letters, memorials, and

other papers, as well from the inhabitants as proprietors of both those

provinces, that they are at present in confusion and anarchy; and that it

is much to be apprehended, left by the heats of the parties that are

amongst them, they should fall into such violences as may endanger the

lives of many persons, and destroy the colony.

 

That the greatest number of the proprietors of both those provinces

residing in this city, being hereby sensible of the necessity of his

majesty's authority, for the preserving of peace and good order in those

countries, have lately presented a petition to your excellencies; in the

preamble whereof; though they still seem to assert their title to the

government of the said provinces; yet nevertheless in the end, declare

they have agreed, and are ready to surrender the same to his majesty,

upon such terms and conditions as are requisite for preservation of their

properties and civil interests; and they therefore humbly pray, that for

the preservation of the publick peace, your excellencies would be

graciously pleased, immediately to approve colonel Hamilton, to be

governor of both the said provinces of East and West New-Jersey, until the

terms of surrender can be adjusted.

 

That in a late memorial* presented to your excellencies (and signed not

only by the same person, but by others likewise, who would not join in the

prayer of the petition) having again prefaced their own pretended right to

government; they do in like manner declare their readiness to surrender

the same, in humble hope and confidence (as they express themselves) that

his majesty will be pleased to grant them all reasonable privileges, which

are necessary to preserve their civil rights, and the interests of

planters, and which are not inconsistent with his majesty's service, or

royal authority; after which they proceed to propose, and particularly

enlarge upon, several articles relating to the method of settling both

the said provinces, and uniting them under one government.

 

That the proprietors of East New-Jersey, residing there, have signed and

sent over hither, to a gentleman whom they have constituted their agent

and attorney in that behalf, an absolute and unconditional surrender of

their right to the government of that province, so far as the same is in

them, and so far as they are capable of doing it for others concerned with

them in that propriety.

 

That in relation to the aforesaid articles, we have been attended by

several of the proprietors here; who have further personally declared to

us, that their intention in proposing the same, is only to secure their

rights, in such things as are matter of property; and that they

unanimously desire to surrender the government to the king, and submit the

circumstances thereof to his majesty's pleasure. But in relation to the

aforementioned petition, that colonel Hamilton may at present receive his

majesty's approbation to be governor of those provinces, the said

proprietors are so divided amongst themselves, that whereas some seem to

insist upon his approbation, as one principal condition of their

surrender, others in the same manner insist upon his exclusion.

 

Upon all which, we humbly represent unto your excellencies, that not being

satisfied, that the aforementioned grants from the duke of York, (the only

title upon which the said proprietors claim a right to government) without

any direct and immediate authority from the crown, were or could be of any

validity to convey that right, (which we have been informed is a power

unalienable from the person to whom it is granted, and not to be assigned

by him unto any other; much less divided, sub-divided, and conveyed from

one to another, as has been done in the present case). We did thereupon

humbly represent to his majesty, the 18th of April, 1699, that a tryal

might be had in Westminster-Hall, upon a feigned issue, whereby their

claim to the right of government, might receive a determination. That no

such determination having yet been made, nor any proceedings (that we know

of) had, upon the forementioned surrender; but it being generally

acknowledged, both by the inhabitants and proprietors of the aforesaid

provinces, that the disorder and confusion they are now fallen into, are

so great, that the publick peace and administration of justice is

interrupted and violated; and that whilst those disorders continue, there

neither is nor possibly can be, any due provision made, for the guard and

defence of that country, against an enemy, we are humbly of opinion, that

it is very expedient for the preservation of those territories to the

crown of England, and for securing the private interest of all persons

concerned, that his majesty would be pleased to constitute a governor over

those provinces, by his immediate commission; which together with the

instructions, to be also given to the said governor, may contain such

powers, authorities and directions, as may be necessary for the

establishing there a regular constitution of government, by a governor,

council, and general assembly, with other civil and military officers; and

for securing to the proprietors and inhabitants, all their properties and

civil rights, in as full and ample manner, as the like are enjoyed by any

plantation, under governors appointed by his majesty's immediate

commission; together with such clauses and further provisions, as may be

thought reasonable, in order to prevent the interfering of that colony

with the interest of his majesty's other plantations; as the proprietary

governments in America have generally done.

 

And we further humbly offer, that draughts of such a commission and

instructions may be prepared; and that they may be also shewn to the

proprietaries of those provinces, in order to their acquiescence, and the

surrender of their pretended right to government, in such manner and form

as may be effectual in law, to the final extinguishing of their pretences;

or in case of their refusal, in order to such other proceedings as shall

then be thought fit.

 

All which nevertheless, is most humbly submitted.

 

Phil. Meadows, Jo. Pollexfen, Abr. Hill, Mat Prior.

 

Whitehall, October 2, 1701.

 

* See the memorial which follows.

 

 

NUMBER. XIV.

The humble memorial of the proprietors of the provinces of East and West-

Jersey in America.

 

Though the proprietors are advised by their council, that their right to

ports within those respective provinces, was fully asserted, and their past

administration of the government of those provinces, as fully justified at

the late trial had in the court of king's bench, between Mr. Basse and the

earl of Bellemont; they are notwithstanding, ready and desirous, in

obedience to his majesty's pleasure, to surrender all right of government

there; in humble hope and confidence, that as his royal wisdom prompts him

to resume the American proprietary governments into his own more immediate

administration; so his justice and goodness will incline him to grant the

proprietors all reasonable privileges, which are necessary to preserve

their civil rights, and the interest of the planters, and which are not

inconsistent with his majesty's service, or royal authority.

 

To which they humbly propose and pray,

 

First. That his majesty will grant and confirm to them their lands and

quit-rents, with such other liberties, franchises and privileges, as were

granted to them by the late king James, when duke of York, or have been

granted by his majesty to other proprietors of provinces in America,

except the powers of government.

 

Second. That his majesty will grant to them, the sole power of purchasing

from the Indians, all lands lying within these provinces, which remain

unpurchased from them; and that all other persons who have purchased, or

shall purchase lands, either with or without licence first had from the

proprietors, and who have not already taken patents, shall be obliged to

take patents of such lands from the proprietors, under a moderate quit-

rent; and in default thereof, their title from the Indians to be declared

null and void. This the proprietors humbly conceive will be necessary, as

well to vindicate his majesty's royal right, as their own property under

him; because the planters have lately taken up and promoted an opinion,

that the king's right to all American countries discovered by English

subjects, is only notional and arbitrary; and that the Indian natives are

the absolute independant owners, and have the sole disposal thereof; And

some of the planters who have made such purchases of land from the

Indians, refuse to take patents from the proprietors, grantees of the

crown; and others, who have taken patents, refuse to pay the quit-rents

reserved.

 

Third. That the inhabitants of both provinces may have the same liberty of

trading with the Indians, as the inhabitants of New-York, or of any other

plantation in America, under his majesty's immediate government, do or

shall enjoy.

 

Fourth. That the port of Perth-Amboy, in East-Jersey, and the ports of

Burlington and Cohansie, in West-Jersey, may be established ports of those

respective provinces forever; and that no ship bound to any of those

places, shall be obliged to enter at any other port; nor any ships to be

laden there, shall be obliged to clear at any other port; and that

officers may be appointed at such port, for collecting the customs, and

seeing the acts of navigation duly executed.

 

Fifth. That the proprietors may appoint surveyors general, and other

officers, for surveying, and recording of the surveys of land granted by

and held of them.

 

Sixth. That the proprietors of East-Jersey may hold three markets in every

week forever, on Tuesday, Thursday and Saturday, for all manner of cattle,

goods and merchandizes, at Perth-Amboy; and four fairs in every year

there, to begin the Monday in the months of [left blank] and each fair to

continue six days; and that the proprietors of West-Jersey may hold the

like number of markets in every week forever, on Monday, Wednesday and

Friday, at Burlington, in West-Jersey; and four fairs in every year there,

to begin the [left blank] Monday in the months of [left blank] and each

fair to continue six days.

 

Seventh. That East and West Jersey may he erected into one distinct

government, and have one general assembly, for making laws for the good of

both provinces, to sit alternatively, at Perth-Amboy in East-Jersey, and

Burlington in West-Jersey; and that such general assembly may be elected

every year in the month of [left blank] and may meet on the first Monday

in October, and oftener if need be.

 

Eighth. That the general assembly may consist of thirty-six

representatives, to be chosen in manner following, viz. two by the

inhabitants, housholders of the city or town of Perth-Amboy, in East-

Jersey; two by the inhabitants, housholders of the city or town of

Burlington, in West-Jersey; sixteen by the freeholders of East-Jersey, and

sixteen by the freeholders of West-Jersey; but that no person shall be

capable of being elected a representative by the said freeholders, or

afterward of sitting in general assembly, who shall not have one thousand

acres of land, of an estate of freehold in his own right, within the

province for which he shall be chosen; and that no freeholder shall be

capable of electing snch representatives, who shall not have one hundred

acres of land there in his own right of an estate of freehold; and that

this number of representatives shall not be enlarged or diminished, or the

manner of electing them altered, otherwise than by act of general

assembly, and the approbation of his majesty, his heirs and successors.

 

Ninth. That the governor's council may consist of inhabitants of both

provinces; whereof an equal number to be chosen out of each province.

 

Tenth. That all necessary officers, and courts for administration of

justice, in cases criminal and civil, be established in each province; and

that one supreme court may be held for both provinces, twice in every

year, at Perth-Amboy in East-Jersey, and Burliugton in West-Jersey,

alternatively; in which courts all writs of error from any other courts

within these provinces, shall be brought and determined; and that this

court may consist of the governor's council, and the three capital judges

of each province, (except such of them who pronounced the first judgment,

sentence or decree) or of any seven of them, whereof two of the council,

and three judges, for the time being, shall be five; and every member of

the court, who shall be present, shall have an equal vote: saving that

where the court shall be equally divided in their opinions, the eldest of

the council shall have a decisive vote.

 

Eleventh. That no appeal to the king may be in personal actions, where the

cause of action is of less value than two hundred pounds.

 

Twelfth. That all protestants may be exempt from all penal laws relating to

religion; and may be capable of being of the governor's council, and of

holding any other publick office, though they do not conform to the

discipline of the church of England, or scruple to take an oath; and that

an instruction be given to the governor, for procuring a law to pass in

the general assembly, for substituting some proper declaration in the

place of an oath.

 

Thirteenth. That his majesty will be pleased to permit the proprietors to

nominate the first governor.

 

Fourteenth. That all such further privileges, franchises and liberties, as

upon consideration, shall be found necessary to the good government and

prosperity of the said provinces, and increasing the trade thereof, may be

granted to the proprietors.

 

JOSEPH ORMSTON.

August 12, 1701.

 

Joseph Ormston, having procuration from Miles Forster and Edward Antill,

Gilbert Molleson, Thomas Barker, Clement Plumstead, Thomas Cooper, William

Dockwra, Walter Benthal, Edward Ritchier, Joseph Brooksbank, Daniel Coxe,

jun., Thomas Lane, Paul Dominique, John Bridges, Michael Watts, Thomas

Skinner, Thomas Hart.

FINIS