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Full text of "Documents relating to the colonial history of the state of New Jersey, [1631-1776]"

Class /^2^_/. 



BookJ!ki 



COPYRIGHT DEPOSrr. 



OF THE 

STATE OF m\' JEliSEF. 



FIRST SEEIES. 
Vol. I. 



■9 



igaf^ 



*^ « ** 






This volume was compiled and edited l)y author- 
ity of the State of New Jersey ; at the recjiiest of 
the New Jersey Historic<^t•l?^^^ci^ty, and under the 
dii'ection of the followitjo; committee : 

Nathaniel Niles, Cirn. 
Marcus L. AVard, 
Joel Parker, 
AV. A. Whitehead. 






*N0 



D O C r M EXT S" -""--'- 



RELATING TO THE 



COLONIAL HISTORY 



TATE OF SEW JERSEY, 



EDITED BY 

WILLIAM A. WHITEHEAD, 

Corresponding Secretary of the New Jersey Historical Society; Author of 
East Jersey Under the Proprietary Governments ; Contributions 
to the Early History of Perth Amboy and the Surround- 
ing Country; Editor of the Papers of Lewis Mor- 
ris, and of an Analytical Index to the 
Colonial Documents of New 
Jersey, &c., &c. 



VOLUME I. 



1631-1687 



NEWARK, N. J. : 

PBlNTEr* AT THE DAILY JOURNAL ESTABLISHMENT. 

1880. 



7 rl AlL 



This Book is the Property of the 

U. S. COAST AND GEODIHC SURVEY, 

and muL': be earned on Book rv 

or tne Calendar Year. 



GENERAL INTBODUCTIO^s^ 



It is an a.l vantage, wliicli the United States, 
of America enjoy over older coimti'ies, tliat they 
can trace, with mneh gi-eater precision, tlie course 
of event.4, wliidi liave marked tiieir progress from 
their first settlement. But this ad vantage" is attend- 
ed by responsibilities, ^vhich are not always properly 
regarded. It is not enough that their i-espective 
histories can be more readily rescued from oblivion, 
by patiejit and diligent j-esearch ; it is of ecpial, if 
not of more, importance, that the materials for 
those histories should l)e so pi-eserved as to be 
always readily available, to enlighten their citizens 
as to ihe events of the past, and intimate the effect, 
up<m the future, of the lessons those events are cal- 
culated to teach. 

In the prefiice to his impartial and elo(|uent his- 
tory of the United States, Mr. Grmiamk thus 
alludes to their annals :— ^' There never has been a 
people on whose character their oavu historical 
recollections were calculated to exei'cise a more 
animating or salutary influence. ^ ■^- * The 
origin of the nation, and the rise and progi-ess of 



Vl. GENERAL tNTRObtrcTlON. 

its institutions, may be distinctly ascertained ; and 
the people enabled to acquire a complete and accu- 
rate conception of the character of their earliest 
national ancestors, as well as of every succeedino- 
generation, through which the inheritance of the 
national name and fortunes has devolved upon 
themselves." These sentiments were those enter- 
tained by the gentlemen who, in 1845, organized 
the " New Jersey Historical Society," with the view 
" to discover, procure and preserve whatever relates 
to any department of the history of New Jersey — 
natural, civil, literary or ecclesiastical — and, gen- 
erally, of other portions of the United States." 

In 1843, previous to the organization of the 
Society, the same gentlemen — being impressed with 
the propriety of New Jersey's taking some steps to 
obtain from the English Archives, copies of the 
records referring to the Provincial history of the 
State — brought the subject to the attention of the 
Legislature, and, at the next session, Governor 
Haines alluded to it in his annual message. This 
led to the introduction of a series of resolutions, 
emanating from the Judiciary Committee, which 
were intended to effect the object through Mr. John 
Brodhead, the agent of New York; then abroad, 
engaged in securing the documents referring to that 
State. Although preceded by a ftivorable report, 
the resolutions, as they recpiired a majoi-ity of two- 
thirds, did not pass. 



GEKKKAL INTRODUCTION. vj,\ 

111 1840, tlie Historical Society presented n 
memorial, urging action on the part of the Legisla- 
ture; but, notwithstanding a recommendation of 
Governor Stkattox, and another favoi-ahle repoi-t, 
from a special committee, the measiii-e was again 
defeated. 

The Society, however, continued its endeavors 
to effect the object in view; and, in 1849, through 
private subscriptions, secured sufficient funds "to 
take the preparatory step of obtaining an index to 
the Xew Jersey Colonial Documents in the State 
Paper Offices, through an agent in London. This 
was comi^leted in 1851 ; and, in 1854, the duty of 
editing the Index was assigned to Mr. WJiitehead, 
the Corresponding Secretary; and, in 1858, undei- 
the title of "An Analytical Index to the Colonial 
Documents of New Jersey, in the State Paper 
Offices of England ; with Notes and References to 
Printed Works and Manuscripts in other Deposi- 
tories," the Society publislied a valuable volume 
of over 500 pages ; furnishing the title, date, place 
of deposit and summary of contents of each docu- 
ment—over 3,500 in all— both in England and 
America; constituting the fifth volume of its 
"Collections: '^ the Legislature subscril)ino- for 500 
copies of the wo]'k. 

This action of the Historical Society developed 
the interesting nature of the documents sought to 
be obtained, and delay in their procurement could 



VI. G'EnERAL tNTROiDUCTtON. 

its institutions, may be distinctly ascertained ; and 
the people enabled to acquire a complete and accu- 
rate conception of the character of their earliest 
national ancestors, as well as of every succeeding 
generation, through which the inheritance of the 
national name and fortunes has devolved upon 
themselves." These sentiments were those enter- 
tained by the gentlemen who, in 1845, organized 
the " New Jersey Historical Society," with the view 
" to discover, procure and preserve w^hatever relates 
to any department of the history of New Jersey — 
natural, civil, literary or ecclesiastical — and, gen- 
erally, of other portions of the United States." 

In 1843, previous to the organization of the 
Society, the same gentlemen — being impressed with 
the propriety of New Jersey's taking some steps to 
obtain from the English Archives, copies of the 
records referring to the Provincial history of the 
State — brought the subject to the attention of the 
Legislature, and, at the next session, Governor 
Haines alluded to it in his annual message. This 
led to the introduction of a series of resolutions, 
emanating from the Judiciary Committee, which 
were intended to effect the object through Mr. John 
Brodhead, the agent of New York; then abroad, 
engaged in securing the documents referring to that 
State. Although preceded by a favorable report, 
the resolutions, as the}^ required a majority of two- 
thirds, did not -psLHS. 



GENKRAL INTRODUCTION, Vll. 

Ill 1846, tlie Historical Society presented a 
memorial, urging action on the part of the Legisla- 
ture; but, notwithstanding a recommendation of 
Governor Stkattox, and another favoi-able repoi-t, 
from a special committee, the measure was again 
defeated. 

The Society, however, continued its endeavors 
to effect the object in view; and, in 1849, through 
private subscriptions, secured sufficient funds to 
take the preparatory step of obtaining an index to 
the Kew Jersey Colonial Documents in the State 
Paper Offices, through an agent in London. This 
was completed in 1851 ; and, in 1854, the duty of 
editino; the Lidex was assisrned to Mr. Wjiitehead, 
the Corresponding Secretary; and, in 1858, under 
the title of " An Analytical Lidex to the Colonial 
Documents of New Jersey, in the State Paper 
Offices of England ; with Notes and References to 
Printed Works and Manuscripts in other De2:)osi- 
tories," the Society published a valuable volume 
of over 500 pages ; furnishing the title, date, place 
of deposit and summary of contents of each docu- 
ment — over 3,500 in all — both in England and 
America ; constituting the fifth volume of its 
" Collections : " the Legislature subscribing for 500 
copies of the work. 

This action of the Historical Society developed 
the interestino; nature of the documents sousfht to 
be obtained, and delay in their procurement could 



Viii. GENERAT, INTRODUCTION. 

no loiiofer be reii-arded with favor. But still, it 
was not until 1872, tlirougli the instrumentality of 
the Hon. Xatiiaxiel Nileb, Meml)ei' of the Legis- 
lature, from Morris County, that authority was 
given to the Society to procure copies of all })apers, 
directly referring to tlie liistor}^ of the State, which 
might be found in the State Paper Offices in Eng- 
land. This was subse(piently, in 1874, so modi- 
fied, as to include the procurement of documents, 
of a like import, that might be found elsewhere ; 
and, in 1878, tlie authority was still further extend- 
ed to the ari'anging, collating and puldishing the 
papers thus procured. 

The Society appointed, as the conunittee to 
have charge of these important duties, the Hon. 
Nathaniel Niles, Ex-Cxovernor Daniel Haines, 
Ex-Governor Joel Parker and \y. A. AVhitehead. 
In 1878, Ex-Governoi- jMarcfs L. AVarij Avas ap- 
pointed on the Committee, in place of Ex-Governor 
Haines, who liad died ; and the duty of editing 
and preparing the documents for tlie Press, and 
su])erintending the ])]-intingof the several volumes, 
was, at the request of tlie Society, assigned to Mr. 
Whitehead. The first of these volumes is here pre- 
sented. 

On entering upon his duties, the Editor found 
several cpiestions demanding his consideration : — 

First. — Within what limits should the selection 
of the papers to l)e printed be confined ? As there 



GENEliAL INTRODUCTION. IX. 

could be no doul)t of the additioiial value given 
to the "Anal}tical Index," referred to above, by 
incbidiug therein i-eferences to papers found else- 
where than in the State Paper Offices of England, 
the Committee was considered to have acted wisel}', 
in securing copies of all documents of the character 
sought to be secured, referring to New Jersey, 
wherever found; and, with comparatively few excep- 
tions, all tlius selected will be found pi'inted in 
these volumes. For, although papers of much 
importance in arriving at right conclusions, respect- 
ing many events in our history, have already been 
incorporated in the few works thereon, which have 
been published ; yet, to leave them out of this com- 
pilation, in consecpience, woidd render the volumes 
defective, and deprive them of — what, it is hoped, 
they Avill ever deserve — the consideration due to 
reliable authorities for tacts bearing U|)on any event 
of the early history of the State. 

Second — To what extent should his notes and 
annotations l)e carried i Although many of the 
documents may throw much light upon individual 
character and incidental circumstances, elucidating 
important events ; yet, as they were not intended to 
constitute parts of a connected narrative, it seemed 
advisable that casual allusions to persons and events 
identified with the period, might be rendered more 
serviceal^le, by receiving additional dates and expla- 
nations : and to that end the remarks of the Editor 



^- CrEIsERAL I-XTROnrCTlOX. 

have been directed, in this connection. He cannot 
promise his fellow-citizens that they will find the 
result of his labors as complete as they may desire. 
Comprehensive, as he may have aimed to make 
them, he is fully aware that they come far short of 
the perfection sought. No one can regret more 
than himself, that what is intended to awaken the 
people of New Jersey to greater interest in the 
history of the State, should fail to realize any 
expectations that may have been aroused. 

In the use of capital letters, and in punctuation, 
the original documents have been scrupulously fol- 
lowed ; and the abbi'eviations, so common in old 
manuscripts, have been imitated as nearly as pos- 
sible. Those accustomed to examine such nianu- 
scrij^ts, will have noticed the practice of omitting 
vowels — substituting for a double consonant a single 
letter — and the leaving oft' one or more letters at 
the end of a word — a circumflex above the line 
taking the j^lace of one or all. These peculiarities 
have been sought to be preserved in these pages by 
the use of ajoostrophes above the line. 

W. A. WHITEHEAD. 

Newark, N. J., Xocember, 1880. 



S O U B C E S 

WHENCE THE DOCUMENTS IN THIS VOLUME WERE OBTAINED. 



Documents relating to the. Colonial History of the State 

of New Yorh. 
The Grants and Concessions and Original Constitution^^ 

of the Province of New Jersey^ hy Aaron Leaming 

and Jacoh Sjncer. 
New Jersey Historical Society Library. 
Becords of East Jersey Proprietors, at Perth Amhoij. 
Secretary of State's Ojfice, Albany, Nevj YorJc. 
P'uUic Record Office, London, England. 
Minutes of the Provincial Council of Pennsylvania. 
Pennsylvania Archives. 
New YorJc Historiccd Society Library. 
Records of Newcastle, Delaware. 
Secretary of State's Office, Trenton, New Jersey. 
Woodbridge Town Records. 
Johnson's History of Scdem. 
Smith'' 8 History of New Jersey. 
Charles H. Winfield, of Jersey City. 
William A. Whitehead, of Newarl: 



E E R A T A 



Pages 28 and 93.— In titles of documents, instead of " East Jersey " read 

Neio Jersey. 
Page 163. — In title of document, for "New Jersey" read Northern New 

Jersey. 
Page 3()G. — For "Thomas Hey wood " read John Heyioood, 



CONTENTS. 



Page. 
Kl.'U— June 3.— Patent to Samuel Godyn and Samuel Bloemmaert, 
for the east side of Delaware River, now Cape May 

County, New Jersey 1 

ir,(;4_March 12.— Patent from King Charles II. to James, Duke of 
York, for tract of land in New England, including 

New Jersey 

" June 23.— Lease for a year from James, Duke of York, to 
Lord John Berkeley and Sir George Carteret, for 

Q 

New Jersey 

" " 24.— Release from James, Duke of York, to John, Lord 

Berkeley, and Sir George Carteret, for New Jersey . . 10 
" Sept. 30.— Application to Governor Richard Nicolls, for per- 
mission to locate lands in New Jersey 1-t 

" Oct. 28.— Deed from the Indians to John Bailey and his As- 
sociates for Elizabethtown tract !•> 

" Dec. 1.— Confirmation by Governor Nicolls of the purchase 

from the Indians of the Elizabethtown tract 17 

l(;(j-,_Feb. l(t.— Commission of Philip Carteret as Governor of 

New Jersey 

i( " " —Instructions of the Lords Proprietors to Governor 

Philip Carteret -^ 

u " '• —Commission of Robert Vauquelliu to be Surveyor 

General of New Jersey -^ 

" " " —The Concessions and Agreements of the Proprie- 
tors of New Jersey 28 

" April 8.— Grant from Governor Nicolls for land at Sandy 
Hook and on Raritan Bay— known as the Monmouth 

Patent 4.S 

_. —Letter from Governor Nicolls, of New York, to 

the Duke of York, objecting to his grant of New 

Jersey to Lords Berkeley and Carteret ^<> 

22 ^ —Oaths of Allegiance taken by the inhabitants of 
- Bergen, Newark, Elizabethtown, Woodbridge, 

27.) Nave.sink, Middletown and on the Delaware 48 

27,— Letter from Governor Carteret to those proposing 

a settlement on the Delaware ol 

April :» —Letter from Governor Nicolls, of New York, to 



t( 


Nov. 




to 


16(;8- 


-Feb'y 


IBfJti- 


-Feb'y 



XIV. CONTENTS. 

Page. 
Lord Arlington — objections to the grant to Lords 

Berkeley and Carteret 54 

Ui(3G — May 2G. — Letter from Governor Carteret to the Indian 

Sachem Oraton, relative to the Newark tract 55 

" " " — Letter from Governor Carteret to Captains Post 

and Cornelius, interpreters 56 

1608 — April 7. — Proclamation of Governor Carteret, calling the 

first Assemblj' 56 

' ' Aug'st 25. — Letter from Samuel Maverick to Lord Arlington — 
objections to the grant to Lords Berkeley and Car- 
teret 57 

1669 — March 1. — Proclamation of Governor and Council, prohibit- 
ing the inhabitants of Middletown and Shrewsbury 
from voting 58 

" " " — Warrant for the Navesink men to produce certain 

laws, and to publish them 59 

" " " — Warrant from Governor Carteret, requiring the 

surrender of a certain paper in the possession of 

some one in Middletown 61 

1670- -April 4. — Letter from Governor Carteret to Surveyor Gene- 
ral Vauquellin, relating to Woodbridge and Piscata- 
way lands 61 

" Oct. 20. — Order from Governor Carteret, enlarging the 

authority of the Court at Woodbridge 62 

" " 25. — Letter fi'om Governor Carteret to the people of 

Woodbridge, urging conformity to the requirements 

of the Proprietors 63 

1671 — March 15 ) — Proceedings against William Hackett, captain of 

to June 30. ) the sloop Indeavor 64 

" Sept. 25. — Minutes of Council, held at Fort James (New 
York) — Indian murders at Matiniconck Island, Dela- 
ware 72 

" " 26. — Letter from Governor Lovelace to Mr. Tom, Dela- 
ware, relating to Indian murders 74 

" Nov. 7. — Minutes of Council, held at Fort James (New 

York) — Indian murders at Matiniconck, Delaware. . . 76 

" " 9. — Letter from Governor Lovelace to Captain Carr, at 

Newcastle, relating to Indian murders 79 

1672 — Feb. & ) — Proceedings at a Special Court, held at Elizabeth- 
March. I town, for the trial of William Meeker and others. ... 80 

" May 28. — Confirmation of certain privileges to Middletown 

and Shrewsbury 88 

" " " — Declaration and Protestation of the Governor and 

Council against James Carteret 89 

" June 15. — Letter from the Council to Governor Carteret about 

James Carteret i>l 



CONTKNTS. XV. 

Page. 
1(172— June 17.— Order prohibiting the exercise of any authority in 

Bergen not sanctioned by the Governor !>2 

" July 1 — Commission from the Council to Samuel Moore, to 

represent them in England '•*•'> 

'• " •' — Address of the Council to the Lords Proprietors, 

about the affairs of the Province '••+ 

Nov. L'5.— Letter from the Duke of York to Governor Love- 
lace, relating to New Jersey '•*' 

" Dec. (). — The Lords Proprietors' declaration of the true 

intent and meaning of the Concessions '.I'.t 

" ' • " — Declaration of the Lords Proprietors to the inhabit- 
ants of New Jersej', against the malcontents 101 

" " •' — Letter from the Lords Proprietors to the Governor 

and Council of New Jersey, referring to William 

Meeker 104 

<« " 7. — Grant from the Lords Proprietors to the Officers 

and Freeholders of Woodbridge, and to Samuel Moore 104 
" " " — Directions for the Governor and Council of New 

Jersey, from the Lords Proprietors, relating to the 

purchase of land from the Indians, &c 105 

" " ;t. — Letter from King Charles II. to the Deputy Gov- 

ernor and Council of New Jersey, confirming their 

authority 107 

" •• 10. — Letter from the Lords Proprietors to Deputy Gov- 

ernor and Council of New Jersey — their claims to be 

sustained 108 

" '• 11. — Letter from the Lords Proprietors to the pretended 

representatives of Elizabethtown, Newark and Pis- 

cataway 109 

-l(573_june 6 to ) — Titles to plantations between Oldman's Creek 

l(;78_Oct. 28. 1 and Salem 109 

167.3 — May 22. — Orders from Deputy Governor Beiry and Council 
to the inhabitants of the several towns, to take out 

their warrants, &c 119 

" Aug'st 8. — Nathan Gould's account of circumstances leading 

to the capture of New York by the Dutch 121 

" " 1 '^ to ) 

: Minutes of the Council of New Netherland 122 

1674— July 6. > 

1673 — Dec. 2. — Affidavit of William Hayes, about the taking of New 

York by the Dutch 152 

1674 — Jxme lo. — Letter from Charles II., concerning obedience to 

the Government of Sir George Carteret 153 

" " 23. — Proceedings of Court, in relation to the differences 

between Piscataway and Woodbridge 154 

'. .' 29. — Petition of the inhabitants of Newark, Elizabeth 

and Piscataway for a confirmation of their privileges 155 



XVI. CONTENTS. 

Page. 
1074 — July 1. — Coaimission of Edmund Andros as Governor of 

New York and dependent country l.^ifi 

" " 18. — Decision of the Court respecting the differences 

between Woodbridge and Piscataway l.'O 

" " 23. — Warrant from the Duke of York to Attorney Gene- 
ral Wyunington, to prepare a patent to Sir George 
Carteret for East Jersey KiO 

" " 28. — Lease from Duke of York to Sir George Carteret, 

for the Northern half of New Jersey IGl 

" " 2!). — Eelease from Duke of York to Sir George Carteret, 

for the Northern half of New Jersey 1G3 

" " 31. — Directions, instructions and orders to Governor 
Philip Carteret, his Council, and the inhabitants of 
East Jersey, by Sir George Carteret ICT 

" Dec. 11. — Order for a General Court, to be held March 9, 

1075 17G 

1075 — Feb'y 13. — Letter from Sir Joseph Werden, Secretary to the 
Duke of York, to Governor Andros, relating to the 
pretensions of Sir George Carteret. . . 17!) 

" March 27. — Letter from Governor Andros to Captain Cantwell, 

relating to Indian affairs 171) 

" April 23. — Letter from Governor Andros to Captain Cantwell, 

on Indian affairs 181 

" May 13. — Conference at Newcastle, Del., on Indian affairs. . 182 
1070 — Feb'y 5. — Affidavit of Silvester Salisbury, Peter Smith and 
Edward Sackville, as to the number of families in 

New Jersey on the arrival of Philip Carteret 183 

107 "> — June — . — Note of the arrival of John Fenwicke and his 

family in West Jersey 18."; 

1070 — May 3. — Major Fenwicke before the Council, in regard to 

his claims on Delaware 186 

" Aug'st — .—Presentment of Samuel Leete against John Fen- 
wicke 180 

" Sept. 25. — Warrant of Governor Andros against John Fen- 

• wicke 187 

'• Dec. 5 \ — Proceedings of the Government of New York, in 
to ■ relation to the settlement and jurisdiction of John 

1078— Oct. 28, ; Fenwicke 188 

1070 — July 1. — Quintipartite Deed between Sir George Carteret, 
William Peun, Nicholas Lucas, Gawen Lawrie and 
Edward Byllynge. dividing the Province of New 
Jersey into East and West Jersey 205 

" Aug'st 18. — Instructions from William Penn, Gawen Lawrie, 
Edward Byllynge, Nicholas Lucas and Edmond 
Warner, to their Commissioners in West Jersey 219 

" June 25. — First agreement for the settlement of West Jersey. 225 



CONTENTS. XVn. 

Page. 
1676 — Aug'st 26. — Letter from the Proprietors of West Jersey to 

Richard Hartshorne, one of their Commissioners. ... 227 

" " 31. — Letter from Sir John Werden, Secretary, &c., to 

Governor Edmund Andros, sustaining the Duke of 

York's prerogatives 230 

" Sept. — .--Letter from William Penn, Gawen Lawrie and 

Nicholas Lucas to those proposing to settle in West 

Jersey 231 

" Nov. 20. — Minutes of a Council, held at New York, in rela- 
tion to Major John Fenwicke's granting patents in 

New Jersey 235 

1677 — Jan'y 12. — Proceedings at a Court, held at New York, for the 

trial of Major John Fenwicke 236 

" " " — Proceedings against Major John Fenwicke under 

the presentment of Samuel Leete 238 

" Aug'st 4.— Permission given to Thomas Olive and other pas- 
sengers of the ship Kent, to settle in West Jersey. . . 23<J 

" March 3. —The Concessions and Agreements of the Proprie- 
tors, Freeholders and Inhabitants of the Province of 
West New Jersey, in America , 241 

" — . — Letter from Govei-nor Andros to Captain Billop, 

Commander at Delaware, relating to the arrival of 

the Martha, of Hull 270 

_" Oct. 17. — Letter from Governor Andros to the Commissioners 

for West Jersey, as to their privileges 271 

" — •. — Opinion of certain English Lawyers as to the in- 
efficiency of Governor NicoUs" patent for Elizabeth- 
town 272 

1678— May 9. — Depositions relating to the conduct of John Fen- 
wicke, made before a Court at Newcastle 275 

" " 16 — Proclamation of John Fenwicke to claimants of 

land in West Jersey 276 

" " 22. — Order of Council, at New York, against John Fen- 
wicke's proceedings 278 

" " 2.5. — Letter from Seci'etary Nicolls, New York, to the 

Court at Newcastle, inclosing the above 279 

" June 18.— Minutes of New York Council, relating to John 

Fenwicke 280 

" July 17-24.— Proceedings of Council, at Newcastle, relating to 

Major John Fenwicke's case 280 

" Oct. 25. — Names of persons at Salem, where Major Fenwicke 

settled 283 

" 26. — Commission from Governor Andros to William 

Penton and others, to be Overseers at Salem 284 

"' 28. — Order from Governor Andros, directing the Jus- 
tices at Newcastle, Del. , to protect the inhabitants in 



XVni. CONTENTS. 

Page. 
Wo8t Jersey, against the unlawful proceedings of 

Major Fenwicke 285 

li;7iS — Nov. 14. — Lease of Matiniconck Island, in Delaware Kiver, 

to Robei't Stacy liSd 

" Dec. 5. — Petition of Thomas Olive and other inhabitants of 
Bui-lington, to the Governor of New York, in favor 
of Henry Jacobs, then the tenant, in possession of 

Matiniconck Island 287 

107!) — June 2o. — Petition from persons from England for grants of 

laud 2«1» 

" Sept. 11). -Sir John Werden to the Secretary of State, on the 
extent of the authority granted to the Proprietors of 
New Jersey 289 

" Oct. 26. — Names of the Magistrates in West New Jersey. .. . 2;»1 
1(;80— March 8. — Letter from (lovernor Audros to Governor Car- 
teret, transmitting copies of his commission and of 
the King's Letters Patent, and informing him of the 
necessity for a fort at Sandy Hook 2!t2 

'• March 13. — Proclamation of Governor Andros against the 

authority of Governor Carteret 21)3 

" " 20. — Letter from Governor Carteret to Governor Andros, 

in answer to his of 8th of March 2i»4 

" " 22. — Commission from Governor Carteret to John Ber- 
ry, to be his successor 21)5 

" " 23. — Proceedings of New York Council in relation to 

representation from the towns in New Jersey 21><5 

" " 2d. — Letter from Governor Carteret to Governor Andros, 
countermanding orders for a meeting of the General 
Assembly, and condemning his proceedings 207 

" April 5-7. — Visit of Governor Andros to New Jersey 21)1) 

" May 1. — Warrant from Governor Andros for the arrest of 

Governor Carteret 302 

" " 27-28. — Extracts from the Minutes of a Special Court of 
Assizes, held in New York, for the trial of Governor 
Carteret 303 

" June 1. — Account of Governor Andros' visit to New Jersey 

to meet the Assembly 304 

" " 2. — Return of Deputies for New Jersey Assembly 30fi 

" " 2-5. — Proceedings of the New Jersey Council and As- 
sembly 307 

" " 8. — Proceedings against William Taylor and John Cur- 

tis, for speakiug disrespectfully of Governor Andros. 313 

" July 9. — Letter from Governor Carteret to the Proprietor, 

relating to the proceedings of Andros 314 

" " " — Letter from Governor Carteret to James Bollen, 

then in England, giving an account of his trial 31G 



CONTEXTS. XlX. 

Page. 
1080 — July 14. — Objections of the people of Wood bridge to choos- 
ing Jiistices, in accordance with the instructions of 
Governor Andros 318 

" " 2r». — Governor Andros' approval of the appointments at 

Piscatawaj' •ii'J 

" " 21-30. — Proceedings of New York Council on New Jersey 

matters 'MU 

Aug'st 4. — Proceedings against John Curtis ;j2() 

" •' •' — Warrant from Governor Andros for the arrest of 

Samuel Moore and Samuel Dennis ;}21 

" " 13. — Proceedings of New York Council, relating to 

Samuel Moore and Dr. William Taylor 322 

" " G. — Memorandum respecting the claim of Edward Byl- 
lynge, and Sir William Jones' opinion on the right of 
the Duke of Y'ork, to claim any duties from the in- 
habitants of New Jersey 323 

" " " — Grant from the Duke of Y'ork to William Penn, 
Gaw'en Lawrie, Nicholas Lucas, John Eldridge and 
Edmund Warner, for W^est New Jersey, in tru.st for 
Edward Byllynge, to whom the Government is con- 
veyed 324 

" " in. — Letter from John Bowne, Town Clerk of Middle- 

town, to Governor Andros, about a town meeting. . . 333 

" " 20. — Letter from John Bowne to Governor Andros, 

relating to -Middletown matters 333 

" Sept. S 23. — Case of William Meeker against William Pardon, 

in Court of Sessions, at Elizabethtown 334 

•' " 10. — Release of James, Duke of Y'ork. to Sir George 
Carteret (grandson and heir of the original Projjrie- 
tor), for East Jer.sey 33" 

" Nov. 0. — Letter from Sir John Werden to Governor Andros 
—the Duke of Y'ork had released both moieties of 

New Jersey ;',4.') 

lOSl — March 2. — Proclamation of Governor Carteret against the 

authority of Governor Andros 34(i 

" May 12. — Letter from Sir John Werden to Governor Andros. 
relative to the owner.ship of the islands in the Dela- 
ware River ;U 7 

" July 10. — Letter from Sir John Werden to William Penn, 

relative to the islands in the Delaware River 348 

" " 22. — Letter from Governor Carteret and Council to the 
Governor and Council of New Y'ork, relating to 
Staten Island . 34'.t 

" " " — Letter from Governor Carteret to Deputy Gov- 

ernor Anthony BrockhoUs — Messrs. La Prairie and 
Bollen sent to demand the surrender of Staten Island. 34y 



XX. CONTENTS, 

fage. 

1681 — July 22. — Proclamation of Governor Carteret to the inhabit- 
ants of Staten Island 350 

" " 26. — Answer of Captain Brockholls to Governor Car- 
teret's Letter of the 22d 851 

" '• 28. — Letter from Governor Carteret to Captain Brock- 
holls, in answer to the foregoing 352 

" " 30.— Letter from Governor Carteret to Lady Elizabeth 
Carteret, informing her of his action in relation to 
Staten Island 353 

" Aug'st 8." — Letter from Sir John Werden to Sir Allen Apsley — • 

relations of New Jersey to New York 353 

" Oct. 19 to / — Proceedings of the Governor, Council and As- 

" Nov. 2. ) sembly of East Jersey 354 

1G82 — Feb'y 1.— Lease from Elizabeth, widow of Sir George Car- 
teret, and his Trustees, to the first twelve Proprie- 
tors of East Jersey 366 

March 23. — Deed from John Fenwicke to William Penu, for 

half of New Jersey 370 

" June 1. — Agreement of the twelve Proprietors of East Jer- 
sey as to the benefit of survivorship 373 

" Sept. 16. — Commission of Thomas Rudyard to be Secretary 

and Register of East Jersey 376 

" " " — Commission of Samuel Groom to be Receiver 

General of East Jersey 378 

" Dec. 21. — Letter from the Register of Scotland (Earl of 
Perth), to Sir John Werden, expressing the desire of 
the Proprietors of East Jersey to receive a grant 

directly from the Duke of York 37'J 

1683 — -Jan'y 4. — Letter from Sir John Werden to the Lord Regis- 
ter of Scotland (Earl of Perth), in answer to the 
foregoing 380 

" March 3. — Letter from James Nevill to Governor William 
Penn, relative to the extension of his aiathority over 
West Jersey 382 

" " 14. — Release from the Duke of Y'^ork to the twenty-four 

Proprietors of East Jersey 383 

•' June 6. — Minutes of Pennsylvania Provincial Council— on 
the sending of letters from East Jersey to England, 
which were prejudicial to the welfare of Pennsylvania. 394 

" — . — Fundamental Constitutions for the Province of East 

Jersey 395 

" — . — Letter of the Proprietors of East Jersey to the 

planters 411 

" May 23. — Letter from James Nevill to Governor William 
Penn, with account of Fenwicke 's grants of land in 
West Jersey 413 



CONTENI^S, Xxi, 

Page. 
l()8o — June 11. — Commission from Governor William Penn, of 

Pennsylvania, to Commissioners to treat with West 

Jersey, with their instructions. . 4\-, 

" " 11. — Letter from Governor Penn to the Governor and 
Council of West Jersey, informing them of the ap- 
pointment of the Commissioners 417 

20. — Letter from Governor Penn to the Governor and 
Council of West Jersey, acknowledging the receipt of 

a communication from them 4 111 

" March — . — Memorial from the people of Salem to Samuel Jen- 
nings, Governor, and the Council of West Jersey, 

asking for a confirmation of their grants 421 

July 18. — Proclamation of Governor Penn, of Pennsylvania, 

against the authority of Thomas Mathews 422 

— —Commission of Gawen Lawrie, to be Deputy Gov- 
ernor of East Jersey , 423 

July 20. — Instructions from the Proprietors to Deputy Gov- 
ernor Lawrie of East Jersey 420 

" Sept. 21.— Instructions for the laying out of Perth Town in 

East Jersey 404 

Oct. 22. — Letter from Governor Thomas Dongan, of New 
York, to Governor William Penn, relative to a 
rumored purchase of Captain Baker's interest in 

Governor NicoU's patent 437 

Nov. 23.— Letter from King Charles II. to the Governor and 
Council and Planters of EastJersey, confirmatory of 

their rights under him 438 

— .—List of the Proprietors of East Jersey, and State- 
ment of the grant and confirmation of the King to 

the twenty-four Proprietors 441 

" Dec. 21.— Additional Provisions to the Constitution of East 

Jersey 443 

1GS4— Jan'y 2.— Letter from the Proprietors in England to Deputy 
Governor Lawrie and Council in East Jersey, relat- 
ing to Thomas Eudyard, Samuel Groom, itc 44(; 

" Feb. 20 to ji —Agreement of the Proprietors of East Jersey, 

" Oct. 4. i respecting the taking up of land 4.-)2 

" Feb'y 29.— Letter from the Proprietors of East Jersey to the 
Planters, expressing their hope that a due submission 

to their authority will be manifested 4."i4 

March 10.— Letter from Sir John Werden to Governor Dongan, 
of New York — no part of New Jersey to be united to 

Pennsylvania 4,-,7 

" 15.— Letter from Charles II. to Edward Byllynge, Gov- 
ernor of West Jersej'— Pirates 4r)8 

" April 9.— Proceedings of Council at Fort James (New York), 

on Indian affairs 458 



Page. 
lOS-t — Aug'st 1. — Instructions to Deputy Governor Lawrie and other 

Proprietors in East Jersey ■i'>'J 

'• Aug'st 22. — Letter from Earl of Perth and other Proprietors of 
East Jersey to Governor Dongan — no wish to have 
the Province united to New York 403 

" — . — Account of shipment to East Jersey, in 1083, by 

some of the Proprietors 404 

" — . — Account of the respective interests in the cargo of 

ship Exchange, sent to East Jersey in August, 1083. 400 

" May 3. — Instructions from the Proprietors of East Jersey, 

relating to the setting out of land in their Province. . 470 

" Aug'st 20. — Letter from the Duke of York to Governor Don- 
gan, relating to the exclusive trade of Hudson River. 47.") 

" Aug'st 27. — Letter from Sir John Werden to Governor Dongan, 
relating to Captain Billop's plantation on Staten 
Island, and to lands on the Susquehanna Eiver 470 

" Nov. 13. — Instructions to Deputy Governor Lawrie, relating 

to the taking up of land in East Jersey 470 

108.5 — Feb'y 13. — Letter from Governor Dongan to the Earl of Perth, 
exculpating himself from charges of having acted 
prejudicially to the Earl's interests 483 

" — . — Letter from Governor Dongan to Sir John Wer- 
den, relating to Staten Island and the Indian trade. . 48r> 

" April 6. — Letter from William Dockwra to Deputy Governor 
Lawrie and other Proprietors, informing them that 
he had been granted one thousand acres of land in 
East Jersey -tSC! 

" May 11.— Confirmation of former orders by the Proprietors 

of East Jersey 488 

" " 13. — Letter from the Mayor of New York to Sir John 
Werden, complaining of the detriment to New York, 
occasioned by the separation of Delaware and the 
Jerseys from it 4114 

" .Inly 3. — Order of the Proprietors of East Jersey for laying 
out of lauds, and censuring Thomas Rudyard and 
Gawen Lawrie 4i)2 

" " l"). — Order of Privy Council, on report of the Mayor of 
New York, as to the detriment to that Government by 
the separation of New Jer.sey and Delaware from it. 5()l 

" Oct. 20. — Order of the Pi-oprietors of East Jersey for an 

examination into the affairs of the Province .')03 

" Nov. 17 \ —Testimony of Timothy Halstead, Samuel Denton 
to • and Josiah Lentin, relating to their interest in the 
1G8G— March 31. ) Elizabethtown grant r)04 

" April 29. — Appointment of William Eoskwra, to be Agent for 

the Proprietors "'00 



( ONTKNTS. XXin. 

Page. 
I,;>s4_\pni 13 — Agreement between William Peun and the Execu- 
tors of John Fenwicke, relative to certain lands r>07 

l(;j^(j_]\Iar. L't; to ) —Instructions from Earl of Perth and other Pro- 

'■ June 4. \ prietors to Andrew Hamilton r>().s 

" " 14. — The Proprietors in England to the Governor and 

Council of East Jersey .".14 

" " 30. — Minutes of a Council at New York, relative to the 

line between East and West Jersey ."il7 

" Sept. 1. — Instructions from the Council at New York to 
Philip Wells, Surveyor General of New Y'ork, relative 
to the line between New Y'ork and East Jersey 518 

" " 14. — Agreement between the Governors of East and West 
Jersey to submit the dividing liue of the Province to 
arbitration oil) 

" Nov. 11. — Position of the Forty first Degree of North Lati- 
tude on Hudson River 520 

" — . — Certificate of Governor Lewis Morris, relative to 

the line between New York and New Jersey 521 

1(;37 — .lan'y 8.— Obligation of the Deputy Governor and Proprie- 
tors of West Jersey, to abide by the determination of 
the arbitrators on the division line 522 

" " " — Award of John Keid and William Emley, appointed 

to settle the line between East and West Jersey 523 

" Feb'y 22. — Governor Dongan's report on the state of the Prov- 
ince of New Y'ork, &c 524 

*' April 2. — List of the Proprietors of East Jersey, with their 

respective subdivisions 528 

" May 5 — Revocation of all Deputy Governor Lawrie's pow- 
ers in East .Jersey 531 

** " — . — Petition of Judge John Palmer to the King, for 

the remittance of a fine imposed on him 532 

" " — . — Petition of the Proprietors of East Jersey to the 
King, relating to the seizure of a vessel at Perth Am- 
boy by the Governor of New York 533 

" June — . — Representation and Proposals of the Proprietors of 
East Jersey, relative to a free port and a Govern- 
ment separate from New Y'ork 535 

" Aug'st 14. — Order creating New Perth, in East Jersey, a port 

of entry 540 

•' Sept. 24. — Letter from Governor Barclay and the Proprietors 
of East .Jersey, in England, to the Deputy Governor 
and Council, confirming the authority of Andrew 
Hamilton as Deputy Governor 541 

" Dec. 13. — Instructions to Matthew Plowman, Collector of the 
Customs at New Y'ork, as to permitting vessels to go 

direct to New York '''43 

Index 0*^5 



KEW JERSEY 
COLONIAL DOCUMENTS. 



Patent to Samuel Godyn and Samuel Bloemmiaert for the 
East Side of Delaware Elver, now Cape May County, 
New Jersey. 

[From New York Colonial Documents, Vol. XII., page 17.1 

We, Director and Council of New-Netherland, residing 
on the Island of Manhattan at Fort Amsterdam, nnder 
the jurisdiction of Their Nohle High Mightinesses, the 
Lords-States-General of the United Netherlands and the 
Incorporated West-India Company, Department of Amster- 
dam, attest and declare herewith that to day, date under- 
written, appeared Peter Ileyssen, skipper of the ship 
"Walvis,"at present lying in the South river, and Gillis 
Ilosset, commissary on the same, who declare, that on the 
5'''' day of May, last past, before them appeared personally, 
Sawowouwe, Wuoyt, Pemhake, Mekowetick, Techepewoya, 
Mathamek, Sacoock, Anehoopoen, Janqueno and Pokahake, 
lawful owners, proprietors and inhabitants of the east side 
of Goddyn's East bay, called Cape de Maye, who for them- 
selves in proportion of their own shares and for all the 
other owners in regard to their shares of the same land, 
declared of their own accord and deliberately in their said 
quality, to have transported, ceded and conveyed as lawful, 
unalienable and free property l)y virtue and title of sale 
and in consideration of a certain quantity of goods, which 
they, the conveyors, acknowledge in their said quality to 
have received and accepted before the passing of this con- 
tract, and they herewith transport, cede and convey, to and 
in behoof of the Nolde Honorable Samuel Godyn and 
Samuel Bloemmaert (who are al)sent and for whom they 
had accepted the hereafter described land subject to the 
usual reservation) to wit. : the east side of Godyn's bay or 



2 NEW JERSEY COLONIAL DOCUMENTS. [1031 

CajDe de May, reaching 4 miles from tlic said cape to- 
wards the bay and 4 miles along the coast southward, 
and another 4 2iiiles inland, being Ifi sqnare miles, 
with all interests, rights and privileges, which were vested 
in themselves in their aforesaid qnality, constituting and 
delegating the aforesaid purchasers in their own stead as 
real and actual owners thereof and giving and surrendering 
at the same time to their Honors, full, absolute and irrevoc- 
able power, authority and special charge, that tamquam 
adores et procuratores in rem propriam the Noble Messrs. 
Godyn and Bloemmaert or those, who might hereafter re- 
ceive their property, enter upon, possess in peace, inhabit, 
cultivate, keep, use, do with, trade and dispose of the afore- 
described land as they would do with their own inherited 
lands and fiefs, without that they, the conveyors shall have, 
reserve or keep in the least degree any jiarticle of claim, 
right or privilege thereon be it of ownership, authority or 
jurisdiction, but for the behalf as aforesaid they herewith 
entirely and absolutely desist from, give up, abandon and 
renounce it now and forever, promising further not only to 
keep, fulfill and execute firmly, inviolately and ii-revocably 
in infinitum this, their contract and what might be done 
hereafter on the authority thereof, but also to deliver the 
said tract of land and keep it free against every body, from 
any claim, challenge or incumbrance which any body might 
intend to create; as well as to have this sale and convey- 
ance a])proved and confirmed by the remainder of tlie co- 
owners, for whom they are trustees ; all this under the ob- 
ligations required by law, in good faith, without evil 
intent or deceit. In testimony whereof this has been con- 
firmed by our usual signature and our seal ajipended thereto. 
Done on the afoi-esaid Island of Minihattan, at Fort Am- 
sterdam, the a-^ of June, A° 1031 1 

1 This patent and one for land on tlie south side of the bay, were issued by Peter 
Miuuit, while Director of New Netlierland, and is the oidy document found in Uollaiul 
by Mr. Urodliead, as liaving come down to tlic present time from tlie West India Com - 
pany, the rest liaviug been sold as waste pajjer. See note of B. Fernow, N. Y. Col. 
Doc'ts, Vol. XII., p. 17, and N. Y. Col. Doc'ts, Vol. I., p. 43. Ed. 



lGG4r] PATENT TO JAMES, DUKE OF YORK. 



Patent from King Charles II. to Janie.^, Diile of YorJi\ 
for tract (f land in New England, hicludhuj Neio 
Jersey. 

[From an oxeinplifioil Copy, made for Jolin Fetiwick, in the New Jersey Uistorical 
Society Library.] 

tf^avoUt.^i ^ ,f rcunrtu,^ ^/\ %x\\\\\\ Anglic Scotie franoic & 
hibine Rex iidei defensor etc Omibns ad qnos p'sentes 
littere' perve'n'int sartm. Inspeximns IiTotulanien qiiasdani 
I'ras n'ras paten' sub magno Sigillo n'ro Anglic' sigillat' 
geren' dat' apnd Westm' duodecimo die Marcij Anno regni 
n'ri sexto decimo p'charissimo fratri n'ro Jacobo Duci Ebor' 
confect' in rotul Cancellar nre' p'dre irrotulat at el)ni de 
recordo remaiien in liec verba Charles the second by the 
grace of Gode &c To all to whonie these p'sents shall 
come greeting knowe yee that wee for divers good causes 
& considerat'ons vs therevnto moveing have of our espe- 
c'all grace certainc knowledge & meere mot'on given & 
granted and by these p'sents for vs, our heires & Suces- 
sors doe give & grant vnto our dearest Brother James 
Duke of yorke his heires & Assignes all that part of the 
Mayne land of New England begin'ing at a certainc ])lacc 
called or knowne by the name of St. ( h-oix next adioyning 
to new Scotland in America and from thence extending 
along the Sea Coast vnto a certainc place called Pemaquie or 
Pemaquid, and soe vpp the Elver thereof to the furthest 
head of the same as it tendeth Northwards and extending 
from thence to the Eiver of Kinebeqine and soc vpwards 
by the shortest course to the River Cannada Northwards 
And alsoe all that Island or Islands comonly called by the 
sevci-all name or names of Mattowacks or Long Island 



1 The copy from which tliis was taken is beautifully engrossed on parchnieni, not 
only having an engraved portrait of the King, encircled by the letter C of his name, 
but also an ornamental engraved border snirounding the whole document. As will 
be observed, it is entirely devoid of punctuation. Ed. 



4 NEW JERSEY COLONIAL DOCUMENTS. [1664 

scituate Lying ife being to.wards the west of Cape Codd & 
the Narroliigansetts abutting vpon the Maine land betweene 
tlie two Rivers there called or knowne by the severall 
names of Conectecntte ife hiidsons River togeather alsoe 
with the said River called hudsons River and all the land 
from the West side of Conectecntte River to the East side 
of Delaware Bay and alsoe all those sen'all Islands called 
or knowne by the names of Martin Vinyards & Nantnkes 
otherwise Nantnket togeather with all tlie lands Islands 
Soyles Rivers harbours Mynes Mineralls, Quarries 
Woods Marishes Waters lakes lishings hawking hunt- 
ing & fowling and all other Royalties protitts commodities 
& hereditaments to the said severall Islands lands & p'm- 
isses belonging & apperteyning with their and every of tlieir 
app'ten'nces and all our estate right title Interest benefit 
advantage clayme & demand of in or to the said lands 
& p'misses or any parte or p'cell thereof and the revert'on 
& revert'ns remainder & remainders togeather with the 
yearly & other the rents revenhies & p'fitts of all & 
singuler the said p'misses and of every part & parcell 
thereof To have & to hold all & singuler the said lands 
Islands hereditaments & p'misses with their & every of 
their app'ten'nces hereby given & granted or hereinbefore 
ment'oned to bee given Sz granted vnto our said dearest 
brother James Duke of yorke his heires & assignes for- 
ever To the onely p'per nse & behoofe of the said 
James Duke of yorke his heires & assignes forever 
To be holden of vs our heires ct Successors as of our 
Mannor of East Greenwich in our C-ounty of Kent in free 
& com'on soccage & not in Ca]>ite or by Knights service 
yeelding & rendring and the said James Duke of yorke 
doeth for himself his heires cV: assignes covenant 6c prom- 
ise to yeeld & render vnto vs our heires Sz Successors of & 
for the same yearly & every yearc fortie Beaver Skinnes 
when they shall be demanded or within ninety dayes after 
And we doe further of our especiall grace eertaine knowledge 
& meere mot'on for us our heires & Successors give 6z grant 



1604] PATENT TO JAMES, DUKE OV YORK. 5 

viito our said dearest brother James Duke of yorke his 
heires Deputies Agents Coiiiissioners & Assignes l>y 
these ])'sents full & absohite power 6c authority to correct 
punish pardon governe & rule all such the Subiects of vs 
our heires and Successors as shall from time to time adven- 
ture themselves into any the parts or places aforesaid or 
that shall or doe at any time hereafter inhabit within the 
same according to such Lawes Orders Ordinances direc- 
tions ct instruments as by our said dearest Brother or his 
Assignes shall be established And in defect thereof in cases 
of necessity according to the good descret'ons of his depu- 
ties, Comissioners Officers or assignes respectively as well 
in all causes and matters Capitall & Crirainall as civill, 
both nuirine & others Soe alwaies as the said Statutes 
ordinances & proceedings bee not contrary to but as neare 
as conveniently may bee agreeable to the Lawes Statutes & 
governm't of this our Kealme of England And saveing & 
reserving to vs, our heires ife Successors the receiving hear- 
ing & determining of the Appeale & Appeales of all or any 
person or persons of in or belonging to the Territories or 
Islands aforesaid or in or touching any Judgem* or Sen- 
tence to be there made or given And further that it shall 
& may be lawfull to & for our said dearest brother, his 
heires & assignes, by tliese p'sents, from time to time, to 
nominate make constitute Ordeyne & confirme by such 
name, or names Style or Styles as to him or them shall 
seeme good And likewise to revoke discharge change & 
alter as well all & singular Governors Officers & Ministers 
w*''' hereafter shal be by him or them thought fitt & need- 
full to bee made or vsed within the aforesaid parts & 
Islands And alsoe to make ordeyne & establish all man- 
ner of Orders Lawes direct'ons Instruct'ons formes & cer- 
emonies of Governm^ & Magistracy titt & necessary for & 
conc'ning the Governm* of the Territories & Islands afore- 
said Soe alwaies as the same be not contrary to the Lawes 
& Statutes of this our Kealme of England but as neare as 
may be agreeable therevnto and the same at all times here- 



6 NEAV JERSEY COLONIAL DOCUMENTS. [1664 

after to putt in execut'ou or aliroc^ate revoke or change 
not only within the p'cincts of the said Territories or Is- 
lands but alsoe upon the Seas in goeing & conieing to & from 
the same as he or they in their good descret'ons shall thinke 
to bee fittest for the good of the Adventurers & Inhabitants 
there And wee doe further of our especiall grace certaine 
knowledge & meer mot'on grant ordeine & declare that 
such Governors Officers & Ministers as from time to time 
shall be authorized & appointed in manner & forme afore- 
said shall & may have full power & authority to vse & ex- 
ercise Marshall Lawe in cases of Rebellion insurrec'on & 
mutiny in as large & ample manner as our Lieutenants in 
our Counties within our Realme of Eno-land have or oueht 
to have by force of their com'ission of Lieuten'ncie or any 
Law or Statute of this our Realme And wee doe further 
by these p'sents for us, our heires & Successors, grant vnto 
our said dearest Brother James Duke of yorke his heires 
iSz assignes that itt shall & may be lawful to & for the said 
James Duke of yorke his heires & assignes in his or their 
discret'ons from time to time to admitt such & soe many 
person & p'sons to ti-ade & traffique vnto & within the Ter- 
ritories & Islands aforesaid and into every or any part & 
p'cell thereof And to have possesse & enioy any Lands or 
hereditam^ in the parts & places aforesaid As they shall 
thinke fitt according to the Lawes Orders Constitut'ons 
and Ordinances by our said brother, his heires deputies 
Com'issioners & assignes from time to time to bee made 
and established by vertue of & according to the true intent 
& meaneing of these presents, and vnder such conditions 
reservat'ons and agreements as our said brother his heires 
or assignes shall set downc order direct and appoint and 
not otherwise as aforesaid. And wee doe further of our 
especiall grace certaine knowledge & meere mot'on for vs 
our heires and Successors give and grant to our said deare 
Brother his heires and assignes l)y theis presents that it 
shall and may bee lawful! to & for him them or any of them 
att all and every tyme and tymes hereafter out of any our 



1064] I'AIKNT TO .lAISIKS, DCKK (tF YORK. 7 

Realines or (loiiiiiiioiis what soever to take leade carry and 
ti'ansnort in aiitl into their \oyai;'es and t'oi- and towards the 
Fhintac'n our said Tei'iitories and Ishuids, all such and soo 
niaiiv of our lovini>- Suhiects or any other strangers hcin^ 
not proliihited or viuler restraint that will become our 
lovino- SuLiects and live vuder our allci^'iance as shall wil- 
liui>;ly accompauy them in the s;iid voyages togeather with 
all such Clothini;- Implements furniture and other things 
vsuallv transported and not prohibited as shall bee necessary 
for the Inhabitants of the said Islands & territories and 
for their vse and defence thereof and mannageing and 
carrying on the Trade with the People tliere and in 
passing and returning to and fro yeelding & pa^ying to vs 
our heires & Successors the Customes and duties therefore 
due & payable according to the Lawes and Customes of 
this our Realme And wee doe alsoe for ys our heires & 
Successors, graunt to our said dearest I>rother James Duke 
of yorke his heires and assignes and to all and every such 
Goyernor or Governors or other OtKcers or Ministers as 
by our said Brother his heires or Assignes shall 1)0 appoint- 
ed to have Power and authority of Government and Com- 
'and in or over the Inhabitants of the said Territories or 
Islands that they and every of them shall and lawfully may 
from tyme to tyme and at all times hereafter forever for 
their severall defence and safety encounter expulse repell 
and resist by force of armes as well by Sea as by land and 
all wayes and meanes whatsoever all such person & persons 
as without the speciall Licence of our said deare Brother 
his lieires or assignes shall attempt to tidiabit within the 
severall precincts and Limits of our said Territories and 
Islands And alsoe all and every such person and persons 
whatsoever as shall enterprise or attempt at any time here- 
after the destruct'on invasion detriment or annoyance to the 
parts places or Islands aforesaid or any parte tliereof And 
lastly our will and pleasure is and wee doe hereby declare 
& grant that these our letters patents or the Inrollment 
thereof shall bee good and effectuall in the lawe to all 



8 NEW JERSEY COLONIAL DOCUMENTS. [1664 

intents & purposes Avhatsoever Notwithstanding the not 
reciteing or ment'oning of the p'niisses or any parte there- 
of or tlie meets or bounds thereof or of any former or other 
letters patents or Grants heretofore made or granted of tlie 
p'misses or of any part thereof by vs or of any of our 
progenitors vnto any other person or persons whatsoever 
Bodies politique or corporate or any act lawe or other 
restraint iucerteinty or imperfect'on whatsoever to the con- 
trary in any wise notwithstanding Although expresse 
ment'on &c In witness &(i Witnesse ourselfe at West- 
minster the twelfth day of March in the sixteenth yeare of 
our reigne pip'm Eegem Nos antem tenorem L'rarum 
paten p'decan ad requisito'eni Joliannis Fenwick Armi- 
geri duxinms exemplificand per presentes In cujus rei 
Testimoniu'm has L'ras nr'as lieri fecimus paten Teste 
meip'o apud Westm' quinto decimo die Jnnij Anno regni 
nostri vicesimo septimo 

i Lacon W- CLiTcn ) .^^ cancellar. 11 
Exammat. pernos^ et ^ ^^..^ 

{ Iho. Ilstromb ) ^ 



Lease from James, Duke of York, to John, Lord Berkeley, 
and Sir George Carteret, for New Jersey. 

[From Original in New Jersey Historical Society Library.] 

%\\\% Jn^entUt^ made the Three & Twentith day of 
June in the Sixteenth yeare of the Eeigne of our Sovereigne 
Lord Charles the Second by the Grace of God of England 
Scotland ffrance and Ireland King Defender of the Faith 
itc Anno Dni 166-1 Betweene his Koyale highnesse James 
Duke of Yorke and Albany Earle Vlster Lord high Ad- 
mirale of England and Ireland &c Constable of Dover 



18641 LEASE ;ru berk\ci>ky and carteket. 9 

(•astle Liji'd Warden of the C^iiKjue Forts aiul GoveiMioiir of 
Portsmouth of the one j^art -John Lord IJerkeley iUiron of 
IStratton and one of his Ma'ties most liono'"''^' Privy Counscll 
and S"" Georo-e Carterett of Sahrum in the County of Devon 
Ken' and one liis Ma"'^^ most hon''"'^' Privy Counsel! of the 
other part WitUCia'.O'Cth that the said James Duke of Yorke 
for and in considerat'on of tlie summe of Tenn Shillings of 
LawfuU money of England to him in hand payd before the 
Sealing and Delivery hereof by the said John Lord Berke- 
ley and S*" George Carterett the receipt whereof the said 
James Duke of Yorke doth hereby acknowledge and there- 
of doth acqiiitt and discharge the said John Lord Berkeley 
and S"" George Carterett for ever l)y these pre'tes. Path 
bargained and sold and by these pre'tes pre'tes doth bargain 
and sell unto the said John Lord Berkeley and S*" George 
Carterett ^U that Tract of Land adjacent to New England 
and Lying and being to the Westward of Long Island and 
Manhitas Island and bounded on the East part by the Maine 
Sea and part by Iludsons River and hath Ypon the West 
Delaware Bay or Piver extendeth Southward to the Maine 
Ocean as farre as Cape May at the mouth of Delaware Bay 
or River of Delaware which is in fourty one degrees and 
fourty minutes of Lattitude and Crosseth over thence in a 
Straight Line to Hudsons River in fourty one degrees of 
Lattitude which said Tract of Land is hereafter to be called 
by the name or names of New Cesarea or New Jersey and 
also all Rivers mines mineralls Woods fishino-s hawkino; 
hunting and fowling and all other Royalties proffitts como- 
dities and hereditam'^ whatsoever to the said Lands and 
premisses belonging or aperteyning with their and every 
of their apertenences and the Revercon and Revercons 
Remainder and Remainders thereof S-o liavc and to hold the 
said Tract of Land & jjremisses with their and every of 
their appurtenenses vnto the said John Lord Berkeley & 
S'" George Carterett from the first day of May Last past 
before the date hereof vnto the full end and Terme of one 
whole yeare from thence next ensueing and fully to be 



10 KEW JEKSEY COLONIAL DOCUMENTS. [1664 

Compleate& ended Yeilding and paving therefore vnto the 
said James Duke of Yorke his lieires and assignes the rent 
of a pepper corne vpon the Feast of tiie nativity of S' John 
Baptist next ensueing the date hereof (only if tlie same 
shall bee Lawfully demanded In Wlfnes whereof the par- 
ties aforesaid to these pre'te Indenture have enterchang- 
ably sett their hands and seales the day and yeare first 
above written. 

[on the l)ack.] 

Sealed & delivered in the 
presence of W"' Coventrye 
Tho: Haywood. 




Release from Jatnes, Dul-e of Fork, to John, Lord Berke- 
ley, and Sir George Carteret, for New Jersey. 

[From Original in New Jersey Historical Society Library.] 

W\X\% %\\^n\\\m Made the ffoure ^ Twentyeth day of 
June in the Sixteenth yeare of The Ileigne of our Sovereigne 
Lord Carlis the Second by the Grace of God of England 
Scotland ffrance and Ireland King Defender of the ffaith 
&c Anno(i Dili 1661 Bktweene his Royall Ilighnesse James 
Duke of Yorke and Albany Earle of Vlster Lord High 
Admirall of England and Ireland Constable of Dover Cas- 
tle Lord Warden of the Cinque Ports and Governour of 
Portsmouth of the one part Joliii Lord Berkeley Baron of 
Stratton and one of his Ma"*^' most Hono"« Privy Counsell 
and S"" George Carterett of Saltrum in the County of 
Devon K'nt And one of his Ma'ties most hono'^'^ Privy 
Counsel of the other partt ^i'hctfHSi his said Ma"'^ King 
Charles the Second by his Letters Pattents Ynder the 



16€»4 ! KELEASE TO BEKKELEY ANU CAKTEKET. 11 

L'l-eat Seale of Eujtrlaiid beai-iug; Date on or about tlie 
Twelfth day of March in the Sixteenth veare of hJB said 
Ma*''^*' Ileigne Did for tlie Cou6iderae''ous tlierein ineuc'oned 
trive and Graunt vnto hie said lioyall llighuesse James 
Duke of Yorke hie heires and assigneB ^H that part of the 
Maine* Land of Jsaw Enijland beginning at a Certaine ])laee 
called or known by the name of 8^ Croix next adjc»yning 
to ]S^ew Scotland in America and from thence extending 
along the Sea Cost vnto a Certaine place called Pemaquide 
or Pemaquid and soe by the Piver thereof to the furthest 
head of the same as it Tendeth I^orthward and extending 
from thence to the Piver of Kimboqiii and soe vpw^ards by 
the Shortest Course to the Piver Cannada JSTorthwards 
And alsoe all that Island or Islands com'only Called by the 
Severall name or names of Matowacks or Long Island 
Scituate and being Towards the West of Cape Codd and 
the isarrow Higansetts abutting upon the Mayne Land 
betweene the Two Pivers there called or known by the 
severall names of Conectocutte and Hndsons Piver To- 
gether also with the said Piver Called Hndsons Piver and 
all the Land from tlie West side of Conectocutte Piver to 
the East side of Delaware Bay and also Severall other 
Islands and Lands in the said Letters Pattents nienc'oned 
Together with the Pivers Harbours Mines Mineralls 
Quarries Woods Marshes waters Lakes flisliing Hawking 
Huntinir and fiowling and all other Poyalties jiroffits, 
Com'odities and Hereditaments to the said severall Islands 
Lands and premisses belonging and [appertaining] ^o havr 
and to hold the said Lands Island hereditaments it premisses 
with their and every of their appurten'nces vnto liis said 
Poyall [Highness James] Duke of Torks ids lieires and 
assiirnes for ever To be h olden of his said Ma^^'' liis heires 
and Successors as of the Manner of East Greenwich in the 
cotmty of Xent in free and com' on Soccage Teilding and 
Pendring Tnto his said Ma""" his lieires and Successors of 
and for the same yearely and every yeare f onrty Peaver 
Skinnes when they shall bee demanded or within JSTiuety 



12 NEW JERSEY COLONIAL DOCUMENTS. [1664 

Dayes after with divers other graunts dauses provisoes and 
agreements in the said llecited Letters Pattents Conteyned 
as by the said Letters Pattents relacon being therevnto 
had it doth and may more phiinly and at Large appeare 
gOlV thilS gUCl<?tttur<? WitnCSilSi^tU that his said Eoyall lligh- 
nesse James Dnke of Yorke for and in Consideracon of a 
Competent Snm'e of Good and Lawfnll money of Enghmd to 
his said Royal Highnesse James Duke of Yorke in hand 
pavd by the said Jolin Lord Berkeley and S*" George Car- 
terett before the Sealing and Delivery of these pre'tes the 
receipt whereof the said James Duke of Yorke dothe here- 
by acknowledge and thereof doth acquitt and Discharge 
the said John Lord Berkeley and S"" George Carterett for 
ever by these p'sents |liith Graunted Bargained sold released 
and Confirmed and by these pontes Doth graunt Bargaine 
Sell release and Confirme vnto the said John Lord Berke- 
ley and S*" George Carterett their heires and assignes for 
ever ^H That Tract of Land adjacent to New England and 
lying and being to the Westward of Long Island and Man- 
hitas Island and Bonnded on the East part by the niaine 
Sea and part by Iludsons River and hath upon the West 
Delaware Bay or River and extendeth Southward to the 
maine Ocean as farre as Cape May at the mouth of Dela- 
ware Bay and to the Northward as farre as y® Korthermost 
Branch of the said Bay or River of Delaware wliich is in 
fourtie one degrees and fourtie Minutes of Lattitude and 
Crossetli over thence in a Straight Line to Hudsons River 
in fourty one degrees of Lattitude which said Tract of 
Land is hereafter to be called by the name or names of 
New Cesarea or New Jersey and also all Rivers mines 
mineralls woods fishings hawking hunting and fowling and 
all other Royalties proffitts Commodities and hereditaments 
whatsoever to the said Lands and premisses belonging or 
any wise apperteyning with their and every of their appur- 
ten'nces in as full and ample Manner as the same is graunt- 
ed to the sayd Duke of Yorke by the before recited Letters 
Pattents and all the Estate Right Title interest benelitt ad- 



1604] RET.EASE TO BERKET,EY AND CARTERET. 13 

vantage clayme and Demand of tlic said James Duke of 
Yorke in or to tlie said .... and premisses or any 
part or parcell thereof and the Reverc'on and Reverc'ons 
Remainder and Remaindei's tliereof All which said Tract 
of Land and premisses were by Indenture bearing [date the] 
day before the date hereof bargained and sold by the said 
James Duke of Yorke vnto the said John Lord Berkeley 
and S"" George Carterett for the Terme of one whole yeare 
To commence from the tirst day of May Last past before the 
date thereof vnder the Rent of a pepper Corne payable as 
therein is menconed as by the said Deed more plaiidy may 
appeare By fforce and [virtue] of which said Lidentnre of 
Bargaine and Sale and of the Statute for Transferring of 
Yses into possession the said John Lord Berkeley and S"" 
George Carterett are in actnall possession of the [said] 
Tract of Land and premisses and enabled to take a grannt 
and Release thereof (the said Lease being made to that end 
and purpose ®0 Uai'C aiul to ItoUl all and Singular the sayd 
Tract of land and premisses with their and every of their 
ajip'ten'nces and every part and parcell thereof vnto the 
said John Lord Berkeley and S'" George Carterett their 
heires and assignes [for] ever to the only Yse and behoofe 
of the said John Lord l^erkeley and S*" George Carterett 
their heires and assignes for ever "^ciUUnt) and Rendring 
therefore vnto the said James Duke of Yorke his heires 
and assignes for the sayd Tract of Land and premisses yearc- 
ly and every yeare the su'me of Twentie Nobles of Lawfull 
money of England if the same shall be lawfully demanded 
at or in the Liner Temple Hall London at the feast of 
S' Michaell the Archangell yeai-ely ^U(l the ^\\\A John Lord 
Berkeley and the said S'' George Carterett for themselves 
[and] their Heires Coven'nte and graunt to and with the 
said James Duke of Yorke liis heires by these pr'tes that 
they the said John Lord Berkeley and S'' George Carterett 
their heires and assignes shall and will well and truly pa}'" 
or Cause to be payd unto the said James Duke of Yorke 
his heires and assignes the said yearely rent of Twenty 



14 NEW JERSEY COT.ONIAL DOCUMENTS. [1664 

Nobles at such time and place and in sncli manner and 
forme as before in these presents is expressed and declared 
^n WitUCSi whereof the parties aforesaid to these present 
Indentures have Interchangable sett their hands and scales 
the day and years first above [M'ritten] 

[May it] please your Roy all James 

[Highness] This Containes your 
[Highnesses] grant of New 
[Cesarea or] New Jersey vnto 
[Lords J>erkeley and Carteret] 



[Ou the hack.] 

Signed Sealed & Delivered in the 
presence of W*" Coven try e 
Tho* Heywood 



Apjyl'i cation for EUzaljetJdown Grant. 

[From Grants and Concessions, p. 668. ] 

To the Right Honourable Colonel Richard NlcoUs Esq ; 
Governor of Neto York, A:c. The humble Petition of us 
subscribed, Sheweth. 

That several of us your Petitioners, being intended 
formerly to have purchased and settled a Plantation upon 
the River called after Cull ^ River, before your arrival into 
these Parts, our Intentions notwithstanding our making some 
way with the Indians, and charges and expences, about the 
J^remises, was obstructed by the then ruling Dutch, and 
some of us by reason of not having any Accommodations 
liere were put npon thoughts of removing into some other 

1 Subsequently known as " Arthur fkill Sound." The term used in the document 
is a corruption undoubtedly of Avhier Kol, by which the land west of the " Kill van 
Kull " was at iirst designated. ¥ak 



1004] EIJZABETIITOWN GRANT. 15 

of liis Majesty Doininioiis, but now iijwii tliis your happy 
arrival and the Decease of the Duteli Interest we avouUI 
o-ladly proceed in the Desioii aforesaid ; In order wliere- 
unto we make bold with all Humility to Petition to your 
Honour, that you would grant us Liberty to purchase and 
settle a parcel of Land to improve our Labour upon in tlie 
Eiver before mentioned, and some of us being destitute of 
Habitations where we are, we crave your Answer with as 
much Expedition as may be ; we humbly take our Leaves 
at present and subscribe your Honours to Command. 

From Jamaica, commoidy so called September 20, 1004: 

John Bailies [Baile_y] 
Daniel Denton 
Thomas Benedyck 

iN^ATHANIEL DeNTON 

John Foster 
LrKE Watson 

Upon perusal of this Petition I do consent unto the Pro- 
posals, and shall give the undertakers all due Encourage- 
ment in so good a Work, given under \wy Hand in Fort 
James, this 3(»"' of Septemher, 1064 

PiCHARD Nichols [Nicolls] 

A true Copy extracted out of Elisabeth-Town Book, 
of Pecord, N° A, folio 11, this 24tli of July, 17(18 

per Samuel Whitehead Town Clerk 



Indian Deed for EUtahethtown Grant. 

[From (irants and Concessions, p. 6G9.] 

This Indenture made the 28'*' Day of October in the Six- 
teenth Year of the Peiffii of our Sovereign Lord Charles 



16 NEW JERSEY COLONIAL DOCtJMENTg. [1664 

the Second, by the Grace of God of England, Scotland, 
France and Ireland, Kin^, Defender of the Faith &c. 
between Mattano Manamowaone, and Cowescomen, of 
Staten-Island, of the one Part, and John Baily, Daniel 
Denton, and Luke Watson of Jamaica, in Long-Island 
Husbandmen, on tlie otlier Part. Witnesseth, tliat the 
said Mattano, Manamowaone, and Cowescomen, liath clearly 
bargained and sold unto the said John Baily, Daniel Den- 
ton, and Luhe Watson, their Associates, their Heirs and 
Executors, one Parcel of Land Bounded on the South by a 
River coninionly called the Raritons River, and on the 
East by the River which Parts Staten-Island and the Main, 
and to run Northward up after Cull-Bay, till we come at 
the first River which sets Westwards up after Cull-Bay, 
aforesaid, and to run West into the Country twice the 
Length as it is broad from the ]^orth to the South of the 
aforemention'd Bounds ; together with the Lands, Meadows, 
Woods, Waters, Fields, Fences, Fishings, Fowlings, with 
all and singular the Appurtenances with all gains profits 
and Advantages arising upon the said Lands, and all other 
the Premises and Appurtenances to the said John Baily, 
Daniel Denton, and Luke Watson, with their Associates, 
with their and every of their Heirs, Executors, Adminis- 
trators or Assigns, for ever. To have and to hold the 
said Lands with the Appurtenances to the said John Baily, 
Daniel Denton, and Luke Watson, with their Associates, 
their Executors, or Assigns. And the said Mattano, 
Manamoivaone, covenant, promise, grant and agree to and 
with the said John Baily, Daniel Denton, and Luke Wat- 
son, and their Associates, their Heirs and Executors, to 
keep them safe in the Enjoyments of the said Lands, from 
all expulsion and incumbrances M-hatsoever, may arise of 
the said Land, by any Person or Persons by reason of any 
Title had or growing l)efore the Date of these Presents : 
For which bargain and sale, covenants, grants and agree- 
ments in the behalf of the said Mattano, Manamowaone, 
and Coioescouien, to be performed observed and done the 



lHt)4| KrjZABK'PHTOWN (iKANT. 17 

atort'siiid Parties arc at tlu'ii- entry upon the said Land, to 
j)av to the said Ilattano, Manamowdone, and Cowescomen, 
Twenty Fathom of Trading Ch)th, two made Coats, two 
(juns, two Kettles, Ten 13a,rrs of Lead, Twenty Iland- 
fuls of Powder. And further tlie said John Bally, Daniel 
Denton, and Lul-e Watson, do covenant, promise grant, 
and agree to and. with tlie said Mattano Manainoioaone, 
and CowesGomen the 'aforesaid Indians, four Hundred 
Fath«nn of wliite Wampum after a Years Expiration from 
the Day of the said John Daily, Daniel Denton, and 
Luke Watsons entry upon the said Lands. In Witness 
whereol' we have hereunto put our Hands aiul Seals the 
Dav and Year aforesaid 

The Mark of Mattano ^i 

The Mark of Seuakuenos J\I~ 
The Mark of Wakinanco .,v.,^,v>^'v.^ 

Sign'd, SeaVd and delivcr'd in tlie Presence of us 

CuAIlLES KoKSLEY 

The mark of Kandle IIowett 
R 



Confirmation of the Purchase of the Elhahethtown Tract 
from the Lulians. 

fp'ioin •'Grant^sand Concessions," p. C71.1 

Guvenior Xicolls' grant for land in New Jersey '^ 

T(3 all to whom these Presents shall come, I Richard 
JSTicolls, Esq: Governor under his Royal Highness the 

1 Although sifted by three Indians, only one of the names corresponds with those 
given as those of the grantors in the body of the deed, and he, Mattano, had already , 
in 1651, parted with his interest in the lands to Augustine Herman. Stc "Ea-t Je.sey 
I'nder the Proprietary Governments," i!d Edit., p. "21. En. 

2 This grant occasioned for many years great disorder in the province. Having 
been given by Governor Nicolls, after the Duke of York had granted New Jersey to 
Lords Berkeley and Carteret, the rights of Baker and his associates were contested by 
these claiming through them, and the litigation that ensued was not ended when the 
war of the Itevohition commenced, and put an end to all such controversies. The 
" Elizabethtown Bill in Chancery," printed in 1747, and the • Answer" thereto, printed 
in 1759, throw all needful light on the subject. Eu. 



4 
18 NEW JERSEY COLONIAL DOCUMENTS. [1664 

Duke of York, of all his Territories in America send 
greeting, 

Whereas there is a parcel of Land within my (4overn- 
Hient which hath been purchased of Mattano, Mancnno- 
'waone and Cowescomon, of Staten Island, bv John Baily, 
Daniel Denton^ and Luke Watsoti, of Jamaica, in Long- 
Island, for a consideratiou expressed in a certain Deed of 
Indenture,' bearing date the Twenty eighth day of October 
last, wherein the said Parcel of Land was made over nnto 
the said John Baily, Daniel Denton and I^ke ^Yatson, 
and their Associates, their and every of their Heirs, Execu- 
tors, Administrators or Assigns, for ever, as in the said 
Deed, relation being thereunto had, more fully and at large 
doth and may appear : Now to the End the said Lands 
ma}^ the sooner be planted, inhabitted and manured, I have 
thought lit to give, confirm and grant, and by these Presents 
do give, contirm and grant nnto Captain John BaVer, of 
New York, John Ogden, of North-Hampton, John Baily, 
and Luke Watson, of Jamaica on Long-Island, and their 
Associates, their Heirs, Executors, Administrators and 
Assigns, the said Parcel of Land Bounded on the Sonth, 
by a River commonly called the Pariton River, on the East 
by the Sea which Parts Staten-Island and the Main, to run 
Northward np after Ctdl-Bay, till you come to the first 
River which sets Westwards out of the said Bay, and to 
run West into the Country twice the length of the Breadth 
thereof from the North to the South of the aforementioned 
Bounds, together with all the Lands, Meadows, Pastures, 
Woods, Waters, Fields, Fences, Fishings, Fowlings, with 
all and singular the Appurtenances, with all Gains, Profits, 
and Advantages, arising or that shall arise upon the said 
Lands and Premises. To have and to hold the said 
Lands and Appurtenances to the said Capt. John Baker, 
John Ogden, John Baily, and Luke Watson, and their 
Associates, their Heirs, Executors, Administrators and 
Assigns for ever, rendering and paying Yearly unto his 



1664] ELIZABKl'lITOWN (iKANT. 



19 



Uuyal Iliu-hness the Diikc of Yorh; or his Assiiriis, a cer- 
tciiu Rent accordiiiijj to the Custoiuai-y rate of the Country 
for new Plantations, and doing and performing; such Acts 
and Things as sliall he appointed by his said Tioyal High- 
ness, or ids Deputy. And the said ('apt. John Bciker, 
John (hjdou John Baibj, and Lahi WaUon, and their 
Associates, their Heirs, Executors, Administrators and 
Assigns, are to take Care and Cniarge of the said Lands and 
Premisses, that People be carried there witli all convenient 
speed, for the settling of Plantations thereon, and that none 
iuive Liberty so to do, without the Consent and Approba- 
tion of the' said Capt. John Baker, John Ogden, John 
Baily and Luke Watson, and their Associates except they 
shall neglect their Planting thereof, according to the true 
intent and meaning of these Presents. And I do likewise 
promise and grant that the Persons so Ldiabitting and 
Planting the Lands and Premisses aforesaid, shall have 
equal Freedom, Immuinties and Privileges with any of his 
Majesty's Subjects in any of his Colonies of America. And 
the said Capt. John Baker, John Ogden, John Baily, and 
Luke Watson, and their Associates have liberty to Pur- 
chase of the Natives (or others, who have the Propriety 
thereof) as far as Snake Hill, to the End and Purposes 
aforesaid. In Witness whereof 1 have hereunto set my 
Hand and Seal this first Day of December, in the Sixteenth 
Year of the Ilcign of our Sovereign Lord Charles Second, 
by the Grace of God King of England, Scotland, France, 
and Lr eland, Defender of the Faith Arc. At Fort James 
in New York, at the Island of Manhatans [A certificate 
follows from Governor Robert Hunter, of New York, under 
the seal of that Province, of the correctness of the copy, 
dated Ith November, 1715.] 



20 NEW JERSEY COLONIAL DOCUMENTS. [1665 



Cummission of Philip Carteret * as Governor of Nev} 

Jersey. 

[From Certifiod Copy amouff Whitehead MSS.] 

John Lord Berkely Baron of Stratton and Sir Georsje 
Carteret Kniglit and Baronet A^ice Chamberlain of his 
Majesty's Household, the true and absolute Lords Proj))'ie- 
tors of all the Province of New-Ca?sarea or New- Jersey. To 
our trusty and well beloved Philip Carteret send Greeting. 

We do hereby constitute and aj)point you (during our 
Will and Pleasure) Governor of all that Tract of Land 
adjacent to New England and lying and being to the West- 
ward of Long-Island and Manhitans Island, and bounded 
by the East, jiart by the main Sea and part by Hudson's 
River, and having upon the West Delaware Bay and to 
the Northward as far as the Northermost Branch of the 
said Bay or River of Delaware, which is in fforty one and 
forty degrees of Latitude, crossing over thence in a Strait 
Line to Hudsons River in fforty one degrees of Latitude, 
now commonly called ])y the Names of New-Ca?sarea or 
New-Jersey, and of all the Islands Inlets Rivers and Seas 
within the said Bounds of our said Province, with Power 
to nominate and take unto you twelve able Men at most, 
and Six at least, to be of your Council and Assistance, or 
any even Numl)er between Six and twelve, unless we have 
before made choice of, or shall choose all or any of theuL 
And we do further constitute and appoint you to be our 
Governor (during our Will and Pleasure) of all the 
Province and Tract of Land aforesaid, and of all our 
Forces raised and to be raised within our said Province and 
Tract of Land for the Security of the same, and to the Parts 

1 I'hilip Carteret was a distant relative of Sir George. For a notice of him see 
" East Jersey Under the Proprietary Governments, " 2d Edit., pp. 10(5-113. Ed. 



1()051 GOVERNOR CAUTERET^S iXSTRUCTtONS. 2l 

iuljacent over wliicli, you are to ])lace and Coimuissionatc 
Orticers, and to cause tliem to be didy Exercised in Arms, 
and to do all and every otlier thin<>; and things which nnto 
the Share and Office of Governor doth belong or hath 
accustomed to belong, as fully and freely as any Governor 
hath ever had; comniauding all Inferior Officers aiul 
Soldiers of our said Armies you to obey as their Governor 
according to this <^ur Gonnnission and the Powers liereby 
given unto yon, and according to the Laws and l)iscij)line 
of War. And you yourself also are to observe and follow 
such Orders and Directions as from Time to Time you shall 
receive from us, and in all things to govern yourself as to 
your Duty and Place doth appertain. Given under our 
Great Seal of our said Province ; the tenth day of February, 
one Thousand Six hundred and Sixty foui'.^ 

Ex'dJ.P'. 



Tnsiruethns to Governor Carteret from the Lords Pro- 
prietors. 

[From '• Grants and Concessions,"' p. 28.] 

John Lord Berkley, Baron of Stratton., and Sir George 
Carteret, Knight and Baronet, Vice Chamherlain of his 
Majest'i/s Household, the true and, absolute Lords Pro- 
prietors of^QW Ciiesarea or New Jersey. 

To Our Trusty and well beloved Puillp Carteret, 
Esq : (4overnor of all that Tract of Land adjacent to Neto- 
Kiujland, and lying and being to the Westward of Long- 
Island and Manhitans Island and bounded on the Main 
Sea, and Part by Hudson s River, and having upon the 
West Delaicare Bay or River, and extending Southward 

1 1664-5. Ed. 



^^ NEW JEliSEY COLOiSrtAL DOCUMENTS. [1065 

to the Main Ocean as far as Cape-May, at the Mouth 
of Delaware Bay ; and to the Northward as far as 
the Northerniost Branch of the said Bay or River of 
Delaware which is in Forty one Degrees and Forty Min- 
utes of Lattitnde ; and crosseth over thence in a strait 
Line to Ilvdson''s River in Forty one Degrees of Lattitnde, 
now commonly known by the Name or Names of Neio- 
Ca'sarea or New-Jersey : and of all the Islands, Inlets, 
Rivers and Seas, within the said I>onnds of our said 
Province, and to our Trusty and well beloved Councellors 
and Assistants to our said Governor, Greeting. 

Be it known to all Men that We the said Lords Pko- 
PRIETORS of the said Tract of Land or Province aforesaid, 
for divers good causes and considerations, but more espe- 
cially out of the Trust and Confidence we reposed in you 
our said Governor and Gounsellers, for the faithful Manage- 
ment of the Powers and Authorities by us to you given, to 
the best avail and improvement of our Interest and Do- 
minion of the said Province and Tract of Land, and for the 
best avail and improvement of the Interest, Liberty, Prop- 
erty and Defence of all such as shall Plant and Iidiabit 
there, have given, granted and by these Presents do give 
and grant (during our Will and Pleasure) unto our Gover- 
nor, by and with advice and consent of our said Council, 
or any three or more of the Six, or four or more of a greater 
number, full and absolute Power and Authority for us, and 
in our Names, to let, sell, convey and assure sucli Land in 
our said Province, to such Person and Persons, and for 
such Estate and Estates, and* with such Provisions, Condi- 
tions and Limitations as we by our Concessions and Agree- 
ment, under our Hand and Seal bearing Date with these 
Presents, to and with the Adventurers are obliged to grant, 
and as you shall be directed by such other Instructions and 
Rules as from Time |to Time] you shall receive from us,, 
and not otherwise ; hereby ratifying and confirming what- 
soever you shall lawfully do pursuant to our said Conces- 
sions, and to such Insti'uctions, Rules and Directions as 



1065] (lOVKimou C'ARTERKTS INSTRIT'TIONS. 28 

aforesaid ; and also to make, do, ])erfonTi and execute all 
and every Act and Acts, Thing and Things, Powers and 
Authorities whatsoever, which we ourselves, ma}', can, 
ought or could do in, for, relating or concerning the 
(rovernment both Civil and Military of the said Province 
and Tract of Land, by A^irtue of the Letters Patents of his 
Most Excellent Majesty C^h.vklks tlie Second, hy the Grace 
of (lod Kino of England, Scotland, France and Ireland, 
bearing Date at Westminster ^ last past, made of the 
Premises amongst other things, to his Royal Highness 
James Duke of Yorl, and his Heirs, and since by Inden- 
ture dated the Tioenty fourth day of June last past, for the 
C/onsiderations therein mentioned, by his said Royal High- 
ness, Granted unto us, our Heirs and Assigns, to be exer- 
cised ; uevertlieless according to such Instructions, and 
with such Limitations, Restrictions, Conditions and Provi- 
sions, as in these Presents are hereafter contain'd ; hereby 
ratifying, allowing and confirming all and every such Act 
and Acts, Thing and Things, which our said Governor and 
Councellors in our Xanies shall do in the Premises, pursu- 
ant to the Authority hereby committed : Pkovided, and it 
is hereby declared, that this present Deed, or any thing 
therein contained, doth not extend, or shall be deem'd or 
taken to extend, to give up to our said Governor or C-oun- 
cellors. or either or any of them, any Power or Authority 
to make any manner of Grant, C^onveyance or Demise, or 
other like Disposition of any Lands lying within, or being 
part of the said Pi-ovince, but according to onr said Con- 
cessions and Instructions ; reserving for every Acre, Eng- 
lish Measure, which by Virtue of this Authority, you shall 
Grant to any Person or Persons, One Half-penny lawful 
Money of England, Yearly Rent; to be paid to ns onr 
Heirs and Assigns for ever, on every Five and Twentieth 
Day of March according to the English Account : the first 
Payment thereof to begin on the Twenty Jifth day of 

1 Date omitted in the printed copy. El). 



24 New .tersev oolonial documents. [1005 

March wliicli shall be in the Year of our Lord, according 
to the English Account, One thousand Six Hundred and 
Seventy. Provided aeso, that no Laws nor Order made 
or to be made by Virtue of this our Authority, shall be in 
Force as a Law for any longer Time than one Year and a 
half ; within one Year of which Time, they shall be trans- 
mitted and presented to us for our Assent, which being 
given, they shall be in continual Force till expired by their 
own Limitation, or by Act Repealed, to be confirm'd as 
aforesaid. Provided also. That all the executive Part of 
all the said Powers hereby made and given, shall be made 
and exercised by our said (lovernor, to and with the advice 
of the Major Part of our Council, or the IVfajor Part of 
them resident in our said Province, itc. and as in their 
Discretions to them shall seem most lit to serve and supply 
our said Province, of such Person respectively during their 
absence from our said Pi'ovince and Tract of Land afore- 
said ; giving and granting unto him or them so chosen, 
dni'ing the absence of our said Governor and Councellors, 
as full, large and ample powers, as by these Presents to our 
said Governor and Councellors we have given ; any Thing 
in these Presents in any ways notwithstanding. And also 
in case of Death or i-emoval of any Member of our said 
Council, from Time to Time, to note, nominate and appoint 
fit and able Persons in their stead or place respectively : 
whicli Person so nominated and chosen shall exercise all 
Powers to the said Offices respectively belonging, till our 
Pleasure be signified to the Contrary. And lastly, if our 
Governor and Councellors shall happen to find any Natives 
in our said Province and Tract of Land aforesaid, that then 
you treat them with all Humanity and Kindness, and not 
in any wise gi-eive or o])press them, but endeavour by a 
Christian carriage to manifest Piety, Justice and Charity, 
and in your Conversation with them, the Manifestation 
whereof will ])i()ve beneficial to the Planters, and likewise 
Advantageous to the Proj)agation of the Crospel. Pro- 
vided ALSO, that it sluill be lawful for the Rejiresentatives 



ir.Gr.] 



GovERNOTi Carteret's instrfctions. ^t 



of the Freeliolders to make an^^ Address to tlie Lords 
touching the (lovenior and Conne'l, or any of them, (tr 
Avliatsoever or for any Thing they sliall desire, Mdtliont the 
(V)nsent of the (lovernor and Conneih Given under tlie 
Seal of our said Province the tenth Day of Fehrimr]) in tlie 
Year of our Lord one Thousand Six Hundred Sixty and four 
[ir)()i-5.] JouN Berkley, ^ 

(t. Carteret. '^ 

1 SiK John Bkkkelf.y, youngest son of Sir Maurice Berkeley, was born in 16(ir. 
Re commaiKkHl i\w army agaiuat the Soots in 1638, and was kniglited at Berwick in 
tliat year. He bore a conspicuous part in the civil wars that followed, supporting the 
royal cause; became Governor of Exeter, and General of the King's forces in Devon. 
He participated in the exile of the royal family, in KiSa, and was placed at the head 
of the Duke of York's establishment, having the mauagement of all the Duke's 
receipts and expenditures. In 1658 he was raised to the Peerage, as Baron Berkeley 
of Statton, in the county of Somerset. On the restoration he became one of the Privy 
Council, and towards the close of 1669, Lord Lieutenant of Ireland, and administered 
the government for two years. In 1675 he was appointed Ambassador i^xtraordinary 
to Versailles, and died August 28th, 1678. Although holding so many distinguished 
offices some authorities assert that, at one time, he was " under a cloud,' in conse- 
quence et his being detected in selling of otlices, aud other corrupt practices. Pepys 
speaks of him as being esteemed " a fortunate, though a passionate, and but weak man 
as to policy." and " the most hot, tiery man in discourse, without any cause," he ever 
saw. The intimate relations existing between Berkeley and King Charles aud the 
Duke of York, as shown in Pepys' illustrative diary, fully account for the granting to 
him an interest in New Jersey, as well as in Carolina, which he had previously 
received.— " East .Tersey Under the Proprietary Governments," p. 103; " N. Y. Colo- 
nial Documents," VoL IL, p. 599. Ed. 

2 Sir Georce Carteuet was born on the island of Jerssey in 1599. Entering the 
navy at an early age. he attained a high reputation as a naval officer, and in 1626 was 
appointed by Charles I. Joint Governor of tlie island of Jersey. He was much 
esteemed by all parties. In 1640 he was appointed Comptroller of the Navy, aud in 
May, 1615, was created a Barcmet. On the commencement of the civil war he retired 
from the navy, and withdrew with his family to Jersey, but subsequently returned to 
aid the projects of the royalists. He afterwards, on the ruin of the royal cause, 
afforded an asylum to the Prince of "Wales and other refugees of distinction within 
his government of Jersey, and defended the island against the Parliamentarians, 
Elizabeth Castle being the last fortress that lowered the royal banner. At the restorar 
tion, having shared his Koyal Master's banishment. Sir George formed one of the 
immediate train of the restored monarch on his triumphant entry into London. The 
next day he was sworn of the I'rivy Council, appointed Vice Chamberlain, and consti- 
tuted Treasurer of the Xavy. In 1669 he was expelled from the Hou.se of Commons 
to which he had been elected, to represent Portsmouth, for misconduct as Vice Cham- 
berlain, beinsr accused of embezzlement- (See "Andrew Marvell's Letters." pp. 125, 
126.) In 1673 he was appointed one of the Lords of the Admiralty, aud continued in 
the public service until his death— January 11th, 1679. The tidelity with which Car- 
teret, like Berkeley, had clung to the royal cause, gave him also great intliieuce at 
court. He had, at an early date, taken a warm interest in the colonization of America, 
aud became, with Berkeley, one of the proprietors of Carolina, prior to their becoming 
.jointly interested in New Jersey —•' East Jersey Under the Proprietary Govern- 
ments," p. 104 ; " New York Colonial Documents," Vol. II., p. 410. 



NEW JERSEV colonial DOCUMENTS. [IGOo 



Coimmssion of Uohert Vauquillin'^ to he Surveyo)' of New 

Jersey. 

[From the Original in the Library of the New Jersey Historical Society. | 

^ohtt Lord Berkeley Baron of Strattoii, and S'" (fjcorgc 
Carteret Knight & Barr" Vice-ChamLerlaine of his Ma'"^' 
lionsehold, tlie trne & absolute Lords proprieto""^ of all y 
province of New Cesarea or Netv Jersey, 

To our trusted and ivelheloved Uohert Vau~ 
quillin Gent. Greeting d'c. 

Wtt being well assured of your wisdome prudence and 
integritie have thought fitt, and doe by these presents 
no'i'ate constitute and appoint 3-011 our Surveyor generall 
of our said province of New Cesat^ea or New Jersey by 
3-0'' selfe or snch as 3'on shall depute ifc appoint to la3' out 
bound & survey all allotments of land generall or particu- 
lar, publique or private, whether relating to vs particularl3', 
or To other persons by grannt from us, according to snch 
warrante & directions as I'oii shall from time to time 
receive from our Governo'"and councell of our said Province 
or the Major part of them. As alsoe true certificates make 
of the scituat'ons bounde quantities and lines of all lande 
soe layd out inent'oning the persons for whom, and the 
order you received for your soe doeing : Which sayd Cer- 
tificates you shall direct to our Secretary and liegister of 

1 In early records the name is usually given as " Vanquellin." His signature, 
however, shows that Vauquillin is correct. See "East Jersey Under the Proprie- 
tary Governments,'' 2d Edit., pp. 59-78— notes. En. 



ir.65] 



VAUQUILLIN S COM^nS^^ION. 



27 



till' said Pi'ovince for tlie time being, that liee may enter 
and tile tlie same. *^U(l these and all other aet >Sc acts thing 
cV things w*'*' doe, or shall belong, or appertaine to the 
otticeofour Surveyor generall of our said ])rovince, you 
ai-e faithfully to doe and performe According to such 
orders and instrucc^ons as you shall receive from us, or our 
Governor, or o'" governo'" and Conncell or the major part 
of them to the best of your Judgem"^ A: skill ; And for yo'' 
doeing y*' same or any of them yo" shall receive such 
salleries fees and perquisite, as by us and our generall 
Assembly of the sayd Province slialbe appointed, and none 
other : ^iVf tt vnder our scale of our said Province y*" Tenth 
day of February in the yeare of our lord one thousand six 
hundred sixtie and foure. ^ 



^£ 



"^X^y^^^r/r^ 





1 1664-5. 



28 NE"\V JERSEY COLONIAL noCUMENTS. [1()G5 



TJic Concessions and Agreements of the Proprietors of East 

Jersey. 

[From a contemporaneous parchmejit copy (1) brought, to "West Jersey by John Fen- 
wick, in the Library of the Nevv.Ieisey Historical Society.] 

The Concessions and Agreement of tlie Lords Pro])ria- 
toi's of tlie Province of New Cesarea or New Jersey to and 
with all and every the Adventi(.rers and all snch as shall 
settle or plant there. 

Imprimis wee doe consent and a^ree That the Governor 
of the said Province hath Power by the advice of his 
Coiincell to Depnte one in his place and Authority in case 
of death or removall, To continue untill our fui-ther order 
unless wee have Coni'issionated one before. 

Item that hee hath (likewise) power to make choice of 
and to take to him six Councellors at least, or twelve at 
most, or any even number between six and twelve with 
whose advice and consent, or with at least three of the six, 
or foure of a greater number (all being summoned) hee is to 
governe according to the limitac'ons and instructions fol- 
lowing during our pleasure. 

Item that a Cheife Secretary or Register Mdiicli wee have 
chosen or shall choose (wee failing that hee shall cliuse) 
shall keep exact entries in faire bookes of all publique 
affaires, And to avoid deceipts and Law Suites shall record 
and enter All graunts of Land from the Lords to the 
Planters, and all Conveyances of Land house or houses 
from man to man As alsoe all Leases for Land house or 
liouses made or to be made by the Landlord to any Tenant 
for more than one yeare, AVhich Conveyance or Lease shall 
be first acknowledged by the Grantor or Lessor, or proved 

1 The original copy was destroyed by fire in Apiil, 168G. See "Proceedings N. J. 
Hist. Soc," Vol. III., p. 165. Eu. 



U105] CONCKSSIONS AND ACiKKKMKNTS. 29 

l)_v the ( );itli of two witnesses to the Lease or (/ :jii\eyaiice 
before the (lovenior or some cheife fludiie of a Court for 
the time beiiiii', who sliail under his hand upon the back- 
side of the said Deed or Lease Attest the acknowled^'uient 
or proofe as aforesaid which shalbe a Warrant for the 
Register to record the same, which Conveyance or Lease 
soe recorded shalbe good and effectual in Law notwith- 
standing any other Conveyance Deed or Lease for tlie said 
Land house or houses or for any part thereof, although 
dated before the Conveyance Deed or Deeds or Lease soe 
Recorded as aforesaid. And the said Register shall doe 
all other thing or things that wee by our instrucc'cns shall 
direct, and the Governor Councell and assembly shall 
ordeine for the good and welfare of the said Province. 

Item That the Surveyor Generall tliat wee have chosen 
or shall choose (wee failing that the Governor shall chose) 
shall have power by himselfe or Deputy to Survey lay out 
and bound all such Lands as shall be graunted from the 
Lords to the Planters, and all other Land within the said 
Province which nuiy concerne particular men as hee shalbe 
desired to doe, And a perticular thereof Certilie to the 
Register to be recorded as aforesaid. Provided that if the 
said Register and Surveyor or either of them shall misbe- 
have themselves as that the Governor and Councell or 
Deputie Governor and Councell or the major part of them 
shall find it reasonable to suspend their Actings in their 
respective imploynients it shall be lawfull for them soe to 
doe, untill further order from us. 

Itein That the Governor Councellors Assembly men 
Secretary Surveyor and all other Ofhcers of Trust shall 
sweare or snbscrijbe (in a book to bee provided for that pur- 
pose) That they will beare true Allegiance to the King of 
England his heires and successors and that they will be 
faithfnll to the interest of the Lords Propriaters of the 
said Province and their heires executors and assignes And 
endeavor the peace and welfare of the said Province And 
that they will truely and faithfulh^ discharge their respec- 



80 NEW JEKSEY COLONIAL DOCUMENTS. [1665 

five [trusts in their respective] Offices, and doe eqnall 
Justice to all men accordini; to tlieir best skill and Judg- 
ment without cornipcon favour or affeccon And the 
names of all that have sworne or subscribed to be entred in 
a Booke And whosoever sliall subscribe and not sweare, 
and shall violate his promise in that subscripcon shall be 
liable to the same punishment that the persons are or may 
bee that have sworne and lu'oken tlieir ( )athes. 

Item That all persons that are or shall become subjects 
to the Kinti: of England and sweare or subscribe Allegiance 
to the King and faithfulness to the Lords shalbe admitted 
to Plant and become ffreeman of the said Province and 
enjoy the ft'reedomes and Immunities hereafter expressed 
untill some stopp or contradiction bee made by us the 
Lords or else the Governor Councell and Assemblie, which 
shalbe in force untill the Lords see cause to the contrary, 
Provided that such stopp shall not any way prejudice the 
right or continuance of any person that hath been received 
before such stopp or order come from the Lords or generall 
Assemblie. 

Item That noe person (puilitied as aforesaid within the 
said Province at any time shalbe any waies molested 
punished dis(iuieted or called in Question for any difference 
in opinion or pi'actice in nuitters of Religious concerne- 
ments, who doe not actually disturbe the civill peace of 
the said Province, but that all and every such person and 
persons may from time to time and at all times truly and 
fully have and enjoy his and their Judgments and Con- 
ciences in matters of Religion throughout all the said 
Province : They behaveing themselves peaceably and 
(ptietly and not using this liberty to Licentiousnes, nor to 
the civill injury or outward disturbance of others, any Law 
Statute or clause conteyned or to be conteined usage or 
custome of this Realme of England to the contrary thereof 
in any wise notwithstanding. 

Item That no pretence may be taken by us our lieires or 
assignes for or by reason of our right of Patronage and 



I()«i5] CONCESSIONS AND AGREEMENTS. 31 

power of Advowseu gruuntcd l»_v liis Ma^'*^'*' J.ettei's Pat- 
tents unto his Royall Ili<^hnes James Duke of Yorke, and 
1)V liis said Royall IIii;-hnes unto us, thereby to infi-inij;e 
the genendl clause of Lihertie of Conscience aforementioned 
Wee doe hereby graunt unto the (Tcnei-all assend)ly of the 
said Province power by Act to Constitute and appoint such 
and soe nuiny Ministers or Preachers as thej' shall tliiidv 
titt, and to establish their maintenance, Giving liberty 
besides to any person or persons to keep and maintaine 
what Preachers or Ministers they please. 

Item That the inhabitants being ffreemen or clieifo 
Agents to others of the Province aforesaid doe as soone as 
this our Com'ission shall arrive by Virtue of a writt in our 
names by the Governor to be for the present (untill our 
8eale conies) sealed and signed nuike choice of Twelve 
Deputies or Pepresentatives from amongst themselves who 
being chosen are to joine with the said Governor and C'Oun- 
cell for the makeing of such Lawes Ordinances and Consti- 
tutions as shalbe necessary for the j^resent good and welfare 
of the said Province, But so soone as Parishes Divisions 
Tribes or other distinctions are made That then the Inhab- 
itants or ft'reeholders of thesevei'all and respective Parishes 
Tril)es Devisions and distinctions aforesaid doe (by our 
writts under our scale which wee engage shall be in due 
time issued) Annnall}- meet on the first day of January and 
choose Ifreeholders for each resjjcctive division Tribe or 
Parish to be the Deputies or Representatives of the same 
AVhich body of representatives or the major part of them 
shall with the Governor and Councell aforesaid bee the 
generall Assembly of the said Province, the Governor or 
his Deputy being present unless they shall wilfullee refuse, 
in which case they may appoint themselves a President 
dureing the absence of the Governor or his Deputy 
(lovernor. 

WnicH Assemblies are to have power 

1 To apj^oint their own times of meeting, and to ad- 
jorne their Sessions from time to time, to such times and 



I 



32 NKW JERSEY COLONIAL IXX'L'MENTS. 

places as they shall think convenient, As alsoe to aseertaine 
the number of their Quorum Provided that such numbers 
be not lesse than the third part of tlie whole in whom (or 
more) shall be the full i)Ower of the generall Assembly 
viz'. 

2 To enact and nuike all such Lawes Acts and (Consti- 
tutions as shalbe necessarie for the well Goverment of the 
said Province, and them to repeale : Provided that the 
same be consonant to reason, and, as neere as may be con- 
veniently au-reeable to the Lawes and Customes of his 
jyjj^ties Kingdom of England Provided also that they be not 
against the interest of us the Lords Propriators our heires 
or assignes nor any of those our Concessions, especiallie 
that they be not repugnant to the Article for Libertie of 
Conscience abovemenc"'oned AVhich Lawes &c*. soe made 
shall receive Publicacon from the Governor and Councell 
(but as the Lawes of us and our generall Assembly) and be 
in force for the space of one yeare and noe more unles 
contradicted by the Lords Propriators within which time 
they are to bee presented to us our heires itc. for our Pati- 
ficacon, and being confirmed by us they shall be in con- 
tinuall force till expired by their own limitation or by Act 
of Repeale in like manner to be passed as aforesaid and 
confirmed. 

3 By Act as aforesaid to constitute all Courts together 
with the limitts powers and Jurisdictions of the same, as 
alsoe the severall Offices and number of Officers belonging 
to each Court, with their respective Sallaries ffees and per- 
rpiisits, their appellac'ons and dignities, with the penalties 
that shall be due to them for the breach of their severall 
and respective duties and Trusts. 

■1 By Act as aforesaid to lay efpiall taxes and assess- 
ments ecpially to raise mcjneys or goods upon all Lands 
(excepting the Lands of us the Lords Propriators before 
setling) or persons within the severall Precincts Hundreds 
Parishes, Manors or whatsoever other Divisions shall here- 
after be made and established in the said Province as oft 



Kir*;")] CONCESSIONS AND AGREEMENTS. 



33 



as necessity shall require and in sncli manner as to tlieni 
shall seem most eqnall and easie for the said inhabitants in 
order to the better supporting of the publique charge of 
the said Goverment, and for tlie mutuall safetye defence 
and securitie of the said Province. 

.5 By Act as aforesaid to erect within the said Province 
such and soe many Manors with their necessarie Courts 
Jurisdictions ffreedoms and Priviledges as to them shall 
seem meet and convenient, as alsoe to devide the said 
Province into Hundreds Tribes Parishes or such other 
Divisions or distinctions as they shall think iitt, and the 
said Divisions to distinguish by what names wee shall order 
or direct, And in default thereof by such names as they 
please. As alsoe within the said Province to create and 
appoint snch and soe many Ports Harbors Creekes and 
other places for the convenient lading and nnlading of 
goods and Merchandizes out of Shipps Boates and other 
vessells as shalbe expedient, with such Jurisdictions privi- 
ledges and fFranchises to such Ports &c belonging as they 
shall judge most conducing to the generall good of the said 
Plantac'ons or Province. 

G By tlieir Enacting to be confirmed as aforesaid to 
erect raise and build within the said Province or any part 
thereof such and soe many fforts fortresses Castles Citties, 
Corporat'ons Burroughs, Towns, Villages, and other places 
of Strength and defence, and them or any of them to incor- 
porate with such Charters and Priviledges as to them shall 
seem good and the Grant made unto us will permitt, and 
the same or any of them to ffortifie and furnish with such 
Provisions and proporc'ons of Ordinance powder shott 
Armour and all other weapons Amunition and Habiliments 
of Warr both offensive and deffensive 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 Councell of the said 
Province. 



34 NEW JERSEY COLONIAL DOCUMENTS. [16C5 

7 By Act as aforesaid to eo]istitute Trained bands and 
companies with the number of Soldiers for the safety 
strength and defense of the said Province ; and of the 
fforts Castles Citties &c. to snppresse all Mutinies and 
Rebellions, To make Warr Offensive and Defensive with 
all Indians Strangers and ffoureigners, as they shall see 
cause ; And to pursue an Enemye by Sea as well as by 
Land if need be out of the limitts and Jurisdictions of the 
said Province, with the perticuler consent of the (lovernor 
or under his conduct or of our Com'ander in chiefe, or 
whom he shall appoint. 

8 By Act as aforesaid to give unto all Strangers as to 
them shall seem meet A naturalization, and all such free- 
domes and priviledges within the said Province as to his 
Ma"^* subjects doe of right belong they Swearing or sub- 
scribeing as aforesaid Which said Strangers soe naturalized 
and priviledged shall be in all respects accompted in the 
said Province as the Kings naturall subjects 

9 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 ffemale, and to make and 
ordeine rules for the casting of lotts for Land, and the lay- 
ing out of the same, Provided they doe not in their pre- 
scripc'ons exceed the severall proporc'ons which are hereby 
graunted by us to all persons arriving in the said Province 
or Adventuring thither. 

10 The generally Assembly by Act as aforesaid shall 
make provision for the maintenance and support of the 
Governor, and for the defrayeing all necessarie charges of 
the Government As alsoe that the Constables of the said 
Province shall Collect the Lords Pent, and shall pay the 
same to, the Receiver that the Lords shall appoint to receive 
the same, unles the said generall assembly shall prescril)e 
some other way whereby the Lords may have their Rents 
duely collected without charge or trouble to them. 

11 Lastlie to enact constitute and ordfeine all such otlier 
Lawes Acts and Constituc'ons as shall or may be necessary 



IfiOS] CONCESSIONS ANtl AGREEMENTS. 35 

for the good property and settlement of the said Province 
(excepting what by these presents is excepted And conform 
iiig to the limitac'ons herein exprest. 

The Governor vvitli liis Conncell before exprest is, 

i To see that all Courts established by the Lawes of the 
Generall Assembly and all Ministers and Officers civill and 
military doe and execute their severall Duties and Offices 
respectively according to the Lawes in force, and to punish 
them for Swerving from the Lawes or Acting contrary to 
their Trust, as the nature of their offence shall require. 

ij According to the Constituc'ons of the generall 
Assembly to nominate and Com'issionate the severall 
Judges members and officers of Courts, whether Majis- 
traticall or Ministerial! and all other civill Officers Coro- 
ners [ct;''.] and their Com'issions powers and authorities to 
revoke at pleasure Provided that they appoint none but 
such as are ffreeholders in the Province aforesaid unles the 
generall Assembly consent. 

iij According to the Constituc'ons of the generall 
Assembly to appoint Courts and Officers in Cases criminall, 
and to impower them to iniiict penalties upon offenders 
against any of the Lawes in force in the said Province, as 
the said Lawes shall ordeine, whither by ffine imprison- 
ment, banishment corporall punishment, or to the taking 
away of member or of life it selfe if there be cause for it. 

iiij To place Officers and Soldiers for the safetie, 
strength, and defence of the fforts Castles Cities &c. 
according to the number appointed by the generall Assem- 
bly to nominate place and com'issionate all Military Officers 
under the dignitie of the said Governor who is Com'ission- 
ated by us over the severall Framed bands and Companies, 
Constituted by the generall Assembly as Colonels Captains 
&c. and their Com'issions to revoke at pleasure, the Gov- 
ernor with the advice of his Councell, unles some present 
danger will not permitt him to advise, to muster and traine 
all the forces within the said Province, to prosecute War 



So NEW JERSEY COLONIAL DOCUMENTS. [1665 

pursue an Eiieinye, snppresse all Rebellions and Mutinies 
as well by Sea as by Land, and to exercise the whole Mili- 
tia as fully as ever by the (irraunt from his Royall High- 
nes can impower him or them to doe, Provided that they 
appoint noe military forces but M'hat are ffreeholders in the 
said Province, unles the CTcnerally Assembly shall consent. 

"V Where they see cause after Condemnation to Repreive 
untill the Case be presented, with a coppie of the whole 
Tryall and proceedings and proofes to the Lords who will 
accordingly either pardon or com' and execucon of the 
sentence on the Offender who is in the meane time to be 
kept in safe custodie till the pleasure of the Lords be 
knowne. 

VJ In case of death or other removall of any of the 
representatives within the yeare to issue Sum'ons by Writt 
to the respective Division or Divisions to which he or they 
M'ere chosen commanding the ftVeeliolders of the same to 
choose others in their stead. 

vij To make Warrants and to Scale grants of Lands 
according to these our Concessions and the pi-escripc'ons by 
the advice of the generall Assembly in such forme as shall 
be at large sett down in onr Instrucc'ons to the (rovernor 
in his ComMssion, and which arc hereafter exprest. 

viij To Act and doe all other thing or things that may 
conduce to the safetie peace and well Goverment of the 
said Province, as they shall see fitt, soe as they bee not 
contrary to the Lawes of the said Province 

For the better security of the Propriators and all the 

Lihabitants 

. 1 They are not to impose nor suffer to be imposed any 

Taxe Custome Subsidie Talladge, Assessment, or any 

other duty whatsoever upon any colour or pretence 

upon the said Province and iidiabitants thereof other 

then what shall be imposed by the Authority and 

consent of the generall Assembly and then, only in 

. manner as aforesaid. 



1665] CONCESSIONS AND AGREEMENTS. 37 

2 Tliey arc to take care that J.aiKl ({uictlie lield 
planted and possessed seaven years after its being tirst 
duely Surveyed by the Snrveyor Generall or his Order 
shall not be subject to any reveiw re-siirvey or alter- 
ae'on of bounds on what pretence soever by any of us 
or any officer or Minister under us 

3 The}' are to take care that noe man if his Cattell 
Stray Range or Graze on any Ground within the said 
Province not actually appropriated or sett out to per- 
ticular persons shall be lyable to pay any Trespasse for 
the same to us our heires A:c : Provided that Custonie 
of Conrons be not thereby pretended to ; nor any 
person hindred from taking up and appropriating any 
Lands soe grased upon, And that noe person doe pur- 
posely suffer his Cattle to graze on such Lands. 

And that the planting of the said Province njay 
be the more speedily promoted. 

i Wee doe herel)y Gi-aunt unto all persons who have 
alreadie Adventured to the Province of New Cesaria or 
new Jersey or shall transport themselves or Servants before 
the tirst day of January which shall be in the yeare of our 
Lord l(><)5.i These following proporc'ons viz**, to every 
ffreeman that shall goe with the tirst Governor from the 
Port when he imbarques (or shall meet him at the Rande- 
vouze hee appoints) for the Settlement of a Plantac'on 
there ; armed with a good Muskett boare twelve bulletts to 
the Pound, with Tenn pounds of powder and Twenty 
pound of Bulletts, with bandeleers and match convenient, 
and with six months provision for his own person arriving 
there 150 acres of Land English measure And for every 
able man Servant that he shall carry with him armed and 
pi-ovided as aforesaid and arriving there, the like quantity 
of 150 acres of land English measure, And M'hoever shall 
send Servants at that time shall for every able man Servant 

1 1665-6. Ed, 



38 NEW JERSEY COLONIAL DOCUMENTS. [1665 

hee or slie soe sends armed and provided as aforesaid and 
arrivine: tliere the like quantity of 150 acres And for every 
weaker Servant or SLave male or female exceeding; the age 
of ifourteen yeares which any one shall send or carry arrive- 
ing there 75 acres of Land And to every Christian Servant 
exceeding the age aforesaid after the expiracon of their 
time of service 75 acres of Land for their own nse. 

2 Item to every Master or Mistres that shall goe before 
the first day of January which shalbe in the yeare of our 
Lord 1665,1 120 acres of land and for every able man Ser- 
vant that hee or she shall carry or send armed and provided 
as aforesaid and arriving within the time aforesaid the like 
quantity of 120 acres of land, and for every weaker Servant 
or Slave male or female exceeding the age of 14 yeares 
arriving there 60 acres of land, and to every Christian 
Servant to their owne use and behoofe 60 acres of land. 

3 Item to every ffreeman and ffreewoman [who] shall 
arrive in the said Province armed and provided as afore- 
said within the second year from the first day of January 

1665 '-* to the first of Jan'y 1666 ^ with an intenc'on to 
plant 90 acres of land English measure, and for every able 
man Servant that hee or she shall carry or send armed and 
provided as aforesaid 90 acres of land like measure. 

4 Item for every weaker Servant or slave aged as afore- 
said that shall be soe carried or sent thither within the 
second yeare as aforesaid 45 acres of land of like measure 
And to every Christian Servant that shall arrive the second 
yeare 45 acres of land of like measure after the expiracon 
of his or their time of Service for their own use and 
behoofe. 

5 Item to every ifrecman and ffreewoman Armed and 
provided as aforesaid That shall goe and arrive with an 
intencon to plant within the third yeare from January 

1666 * to January 1667 ^ 60 acres of land of like measnre 
And for every able man Servant that he or they shall carry 

1 1665-6. 2 1665-6, 3 1666-7. 4 1666-7. 5 1667-8. Ed. 



1665] CONCESSIONS AND AOKEEMENTS. 39 

or send within the said time armed and provided as afore- 
said the like qnantitie of 60 acres of land, And for every 
weaker Servant or Slave aged as aforesaid that hee or they 
shall carry or send within the Third yeare 30 acres of land 
and to every Christian Servant soe carried or sent in the 
Third yeare 30 acres of land of like measure after the 
expiracon of his or 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 termes and Condic'ons as is 
l)efore menc'oned and as hereafter in the following Para- 
graphs is more at lar[g]e expressed. 

Provided alwaies that the before menc'oned Land and 
all other whatsoever that shall be taken np and soe setled 
in the said Province shall afterward from time to time for 
the space of thirteen yeares from the date hereof be held 
upon the Condicons aforesaid continuing one able man 
Servant or two such weaker Servants as aforesaid on every 
100 acres a Master or Mistres shall possesse ; besides what 
was graunted for his or her own person ; In failer of which 
upon notificac'on to the present occupant or his assignes 
there shall be three yeares given to such for their compleat- 
ing the said number of persons, or for their Sale or other 
(lisposure of such part of their Lands as are not soe peopled 
within which time of three yeares if any person holding 
any Lands shall faile by himselfe his Agents executors or 
Assignes or some other way to provide such number of 
persons, unles the generall Assembly shall without respect 
to poverty judge it was impossil)le for the party soe failing 
to keep or procure his or her number of Servants to be 
provided as aforesaid ; In such case wee the Lords to have 
power of disposeing of soe much of such Lands as shall not 
l)e planted with its due number of persons as aforesaid to 
some other that will plant the same. Provided alwaies that 
noe person arriving into the said Province with purpose to 
settle (they being Subjects or naturalized as aforesaid) bee 
denied a Grant of such proporc'ons of Land as at the time 
of their arrivall there, are due to themselves or Servants 



40 NEW JERSEY COLONIAL DOCUMENTS. [1665 

by Concession from us as aforesaid, bnt have full licence to 
take np and settle the same in such Order and manner as is 
granted or prescribed ; All Lands (notwithstanding the 
powers in the Assembly aforesaid) shall be taken up by 
Warrant from the Governor, and confirmed by the Gover- 
nor and Councell under a Scale to be provided for that 
purpose in such Order and method as shalbe set down in 
this declaracon and more at large in the instructions to the 
Governor and Councell 

And that the Lands may be the more regularlie laid 

out and all persons the better ascertained of their 

Titles and possessions. 

i The Gomrnor and Councell (and Assembly if any be) 

are to take care and direct that all Lands be devided by 

Generall Lotts, none lesse than 2100 acres, nor more than 

21000 Acres in each Lott, Excepting Citties Townes tfec : 

and the near lotts of Townshipps, And that the same be 

devided into scaven parts one seaventh part by Lott to us 

our heires and assignes, the remainder to persons as they 

come to plant the same in such proporc'ons as is allowed. 

ij Item that the Governor, or whom he shall depute in 
case of Death, or absence, if some one be not before Com- 
'issionated by us as aforesaid doe give to every person to 
whom Land is due, a Warrant Signed and sealed by him- 
self e, and the Major part of his Councell, and directed to 
the Surveyor Generall or his Deputie cora'anding him to 
lay out Limitt and bound acres of land (as his 

due proporc'on is) for such a person in such Allottment, 
according to which Warrant the Register liaving first 
Recorded the same, and attested the record upon the War- 
rant, The Surveyor Generall or his Deputy shall proceed 
and certifie to the cheife Secretary or Register the name 
of the person for whom he hath laid out land by Virtue of 
what Authority, the date of the Authoritie or Warrant, 
the number of acres, the bounds, and on what point of the 
Compasse the severall limitts thereof lye, which Certiiicate 



1665] CONCESSIONS AND a(;kp:ements. 41 

the Kegister is likewise to enter in a l)Ool<e to ha prepared 
for that ])iirpose with an Alp]ial)eticall table referring to 
the booke, that soe the Certiticate may bee the easier found, 
and then to tile the Certitieates and the same to keep safe- 
Ive, The Certiticate being entred a Warrant comprehending 
all the perticulers of the Land menc'oned in the Certiticate 
aforesaid is to bee signed and sealed by him and his Conn- 
cell or the major part of them as aforesaid (they haveing 
seen the entry) and directed to the Register or cheife Secre- 
tary for his preparing a Grannt of the Land to the partie 
for whom it is laid ont, which grannt shall bee in tlie forme 
following viz''. 

The Lokds Pkoi'RIAtors of^the Province of New 
Cesaria or New Jersey doe hereby Grannt unto A B 

of the in the Province aforesaid A 

plantation conteyning .... acres English meas- 
sure bounding (as in the Certitieates) To hold to him 
(or her) his (or her) heires and assignes for ever, 
Yeild'tng and paying yearly to the said Lord P ropri- 
ators their heires or assignes every 25*^ day of March 
according to the English account, One halfe jjenny 
[or One penny ^] of lawfull money of England for 
every of the said acres. To be liolden of the Manor of 
in free and comon Soccage ; the tirst 
payment of which Rent to begin the 25*\day of March 
which shall be in the yeare of our Lord .according to 
the English account 1670. Given under the scale of 
the said Province the day of in 

tlie yeare of our Lord 16 

iij '■* To which Jjistrument the Governor or liis'depnty 
hath hereby full power to put the Scale of the said Pro- 
vince and to subscribe his name as alsoe the Councell or^thc 
major part of them are to subscribe their names, And then 

1 Not in the written copy, but in "Grants and ^Concessions," ami io Section vi 
following. 
3 Part of Section ii. in Iicaming & Spiere's " Qrautg and (Joncef^sions," Eu, 



42 NEW JERSEY COLONIAL DOCUMENTS. [1665 

the Instrument or Grant is to be by the Register recorded 
in a booke of Records for that purpose, All which being 
done according to those instrucc'ons Wee hereby declare 
that the same shall be eifectuall in Law for the enjoyment 
of the said Plantation and all the benefitts and protitts of 
and in the same (except the halfe part of mines of Gold 
and Silver) paying the Rent as aforesaid, Provided that if 
any Plantacon soe graunted shall by the space of Three 
yeares be neglected to be planted with a sufficient number 
of Servants as is before menc'oned That then it shall be 
lawfull for us otherwise to dispose thereof in whole or in 
part, this Graunt notwithstanding. 

iiij 1 Item wee doe alsoe graunt convenient propor- 
c'ons of Land for highwaies and for Streets not exceeding 
100 foote in bredth in Citties Town's and Villages &c. for 
Churches fforts Wharfes Ive3'es Harbours and for publique 
houses, And to each Parish for the use of their Minister 
*200 acres in such places as the Generall Assembly shall 
appoint. 

Y 1 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 pay- 
able to us our heires or assignes 

VJ * Item that in layeing out Lands for Citties Townes 
Villages Burroughs or other Hamletts, the said lands be 
devided into'seaven parts, one seaventh part whereof to be 
by Lott laid out for us and the rest devided to such as shalbe 
willing to build thereon, they paying after the rate of one 
halfe penny or one penny p' acre according to the value of 
the Lands yearely to us as for their other Land as aforesaid 
Which said Lands in Citties Townes <fec. is to bee assured 
to each possessor by the same way and instrument as is 
before menc'oued. 



1 Sections Nos. iiij., v. and vj., in consequence of Section No. iii. being incorporated 
in No. ii., are numbered in Learning & Spicer's "Grants and Concessions," Nos, 3, 4 
and 5. Ed. 



1665] CONCESSIONS AND AGREEMENTS. 43 

vij * It*^in tliat the Inhabitants of tlic said 1^-ovince 
liave free passage through or by any Seas bounds creeks 
rivers rivuletts &c. in the said Province through or by 
which they must uecessarilie passe to [or '{\ come from the 
maine Ocean to any part of the Province aforesaid. 

viij Lastlie it shall be lawful! for the Represeutativcs 
of the tfreeholders to make any Addresse to to the Lords 
touching the Governor and Councell or any of them for or 
concernino- any Grcivances whatsoever or for any other 
thino- they shall desire, without the consent of the Governor 
and Councell or any of them. ['■* Given Under our Seal 
of our said Province the Tenth day of February in the 
Year of our Lord One Thousand Six Hundred Sixty and 

Four. 

John Berkley 

G. Carteret.] 



Grant from Governor Nicolls for Land at ^' Sandy Point'' 
{Sandy HooV) and on Raritan Bay. 

[From " Grants auil Coucessious,' p. 661.] '. 

Monmouth Patent. 

To ALL to wliom these Presents shall come. I Richard 
JVicolh, Esq: Governor under his Eoyal Highness the 
Duke of Yorl; of all his Territories in America, send 
Greeting. Whereas there is a certain Tract or Parcel of 
Land within this Government, lying and being near Sandy 
Point, upon the Main ; which said parcel of Land hath 

1 Learning & Spicer's edition has another section here, numbered vi., as follows : 
" 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 wholly left by Act as aforesaid to the Wisdom and Discretion of the General 
Assembly." Ed. 

2 The copy from which the foregoing was printed was without the closing para- 
graph and signatures, which are taken from the printed copy in the " Grants and 
Concessions," as published by Learning & Spicer, which differs in orthography and 
other minor particulars. Eu. 



44 NEW JERSEY COLONIAL DOCUMENTS. [1665 

been with my Consent and Approbation bought by some 
of the Inhabitants of Gravesend^ upon Long Island, of the 
Sachems (chief Proprietors thereof) who before me have 
acknowledged to have received Satisfaction for the same, 
to the end the said Land may be planted, manured, and 
inhabited, and for divers other good Canses and Considera- 
tions, I have thought lit to give, conlirm and grant, and 
by these Presents do give, confirm and grant nnto William 
Goidding, Samuel Sjncer, Eichard Gibbons, Richard 
Stout ^ James Grover, John Boion,John TUton, Nathaniel 
Silvester, William Eeape, Walter Qlarl, Nicholas Davis, 
Oladiah Holmes, Patentees, and their Associates, their 
Heirs, Successors, and Assigns, all that Tract and Part of 
the main Land, beginning at a certain Place commonly 
called or known by the Name of Sandy Point, and so run- 
ning along the Bay West North West, till it comes to the 
Mouth of the Karitans Eiver, from thence going along the 
said River to the Westermost Part of the certain Marsh 
Land, which divides the River into two Parts, and from 
that Part to run in a direct South West Line into the Woods 
Twelve Miles, and then to turn away South East and by 
South, until it falls into the main Ocean ; together with all 
Lands, Soils, Rivers, Creeks, Harbours, Mines, Minerals, 
(Royal Mines excepted) Quarries, Woods, Meadows, Pas-- 
tures, Marshes, Waters, Lakes, Fishings, Ilawkings, Hnnt- 
ings and Fowling, and all other Profits, Commodities, and 
Hereditaments to the said Lands and Premises belonging 
and appertaining, with their and every of their appurte- 
nances and of every Part and Parcel thereof. To Have 
AND TO Hold, all and singular the said Lands, Heredita- 
ments, and Premisses with their and every of their Appur- 
tenances hereby given and granted, or herein before men- 
tioned to be given and granted to the only proper Use and 
Behooff of the said Patentees and their Associates, their 
Heirs, Successors, and Assigns forever, upon such Terms 
and Conditions as hereafter are expressed, that is to say, 
that the said Patentees, and their Associates, their Heirs or 



1005] MONMOUTH J'ATENT. 45 

Assigns shall within the space of three Years, beginning 
from tlie Day of the Date hereof, manure and plant the 
aforesaid Land and Premisses, and settle there one Ilnn- 
dred Families at the least; in consideration whereof I do 
promise and grant that the said Patentees and their Asso- 
ciates, their Heirs, Successors, and Assigns, shall enjoy the 
said Land and Premisses, with their Appurtenances, for 
the Term of seven Years next to come after the Date of 
these Presents, free from Payment of any Rents, Customs, 
Excise, Tax or Levy wdiatsoever : But after the Expiration 
of the said Term of Seven Years, the Persons who shall 
be in the Possession thereof, shall pay after the same Rate, 
which others within this his Royal Highnesses Territories 
shall be obliged unto. And the said Patentees and tlieir 
Associates, their Heirs Successors and Assigns shall have 
free leave and liberty to erect and build their Towns and 
Villages in such Places, as they in their Discretions shall 
think most convenient, provided that they associate them- 
selves, and tliat the Houses of their Towns and A-^illages, 
be not too far distant and scattering one from another ; and 
also they make such Fortifications for tlieir Defence 
against an Enemy as may seem needful. And I do like- 
wise grant unto the said Patentees, and their Associates, 
their Heirs, Successors and Assigns, and unto any and all 
other Persons, who shall Plant and Lihabit in any of the 
Land aforesaid, that they shall have free Liberty of Con- 
science without any Molestation or Disturbance whatsoever 
in their way of Worship. And I do further grant unto 
the aforesaid Patentees, their Heirs, Successors, and 
Assio-ns, that thev shall have Liberty to elect l)y tlie Yote 
of the Major Part of the Inhabitants, five or seven other 
Persons of the ablest and discretest of the said Lihabitants, 
or a greater Number of them (if the Patentees, their Heirs, 
Successors or Assigns shall see cause) to join with them, 
and they together, or the Major Part of them, shall have 
full Power and Authority to make such peculiar prudential 
Laws and Constitutions amongst the Inhabitants for the 



46 KEW JERi5EY COLONIAL DOCtTMENTS. [1665 

better and more orderly governing of them, as to them 
sliall seem meet ; provided they be not repugnant to the 
publick Laws of the Government ; and they shall also have 
Liberty to try all Causes and Actions of Debt and Trespass 
arising, amongst themselves, to the Yaluc of Ten Pounds, 
without Appeal, but that they remit the hearing of all 
Criminal Matters to the Assizes of New Yo7'l'. And fur- 
thermore I do promise and grant unto the Patentees, and 
Associates aforementioned, their Heirs, Successors and 
Assigns, that they shall in all Things have equal privileges, 
Freedom and Immunities with any of his Majesty's Sub- 
jects within this Government, these Patentees and their 
Associates, their Heirs, Successors and Assigns rendering 
and paying such Duties and Acknowledgements as now 
are, or hereafter shall be constituted and established by the 
Laws of this Government, under the Obedience of his 
Koyal Highness, his Heirs and Successors, provided they 
do no way infringe the Privileges above specified. Given 
under my Hand and Seal, at Fort James in New- York on 
Manhata7is-Island, the 8'^ Day of April in the 17th Year 
of the Reign of our Sovereign Lord Charles the Second, by 
the Grace of God, of England, Scotland, France and Ire- 
land, King, Defender of the Faith &c and in the Year of 

our Lord God, 1665 

Richard Nicolls 



Colonel Nicolls, Governor of New York, to the Did'e of 

York. 

[From "New York Colonial Documeuts." Vol. III., p. 105. No date given.l 

{^Fragment.'] I must now descend to the particular occa- 
sion of giving Your R H this trouble, wherein My L^ 
Berkely and S"" G. Carterett are concern'd, who, (I know 
also) will be so just to mee as to have mee excus'd for 
manifesting clearly my knowledge to Your R' H*. About 



1GC)5] GOV. NICOLLS TO DUKE OF YORK. 4Y 

10 daies past Cap: Bollen shews mee a letter from my 
L'* Berkeley and S*" G. Carterett and therewith a grant from 
Yonr II' IP to them for all the lands to the West of the 
Hudsons River as more fully may appeare in the said 
grannt, wherein is comprehended all the improveable part 
of Your W IP his Pattent and capable to receive twenty 
times more people than Long Island and all the remaining 
Tracts in Your E' IP his patent in respect not onely to the 
quantity of the Land but to the sea Coast and Delaware 
River the fertility of the- soyle the neighborhood to Hud- 
sons River, and lastly the faire hopes of Rich mines, to tlie 
utter discouragement of any that shall desire to live under 
Your R' H' his protection. In short, I hold myself oblig d 
to give Your R' IP this account upon certaine knowledge 
having exactly considered and preferred the advance of 
Your R' H' his reputation and interest in these parts above 
all considerations or obligations whatsoever, and for my 
])oldnesse I can at last but begg pardon. Neither can I 
suppose that My Lord Berkeley or Sir G. Carterett know 
how prejudicial! such a graunt would prove to Your R' H% 
but I must charge it upon Cap* Scott who was borne to 
make mischiefe as farre as hee is credited or his ]>arts serve 
him. This Scot (it seems) aim\l at the same patent which 
Your R' IP hath, and hath since given words out that hee 
liad injury done him by Your R. H^, Avhereupon he eon- 
triv'd and beti-ayed my L*^ Bei-keley and Sir G. Carterett 
into a designe (coutrary to their knowledge) of ruining all 
the hopes of increase in this Your R. IP his territory, 
which hee hath fully compleated, unless Your R' H' take 
larther order herein. Upon this tract of land several new 
purchases are made from the Indians since my coming, 
and three Townes beginning ; I gave it tlie name of 
Albania, lying on the west of Hudsons River, and to long 
Island the name of Yorkesh'" as to this ])lace, tlie name of 
N". Yorke to comprehend all the titles of Your R' H^ 
Farre be it from mee to aggrivate any thing beyond the 
bounds of a faithfuU servant, for when it may conduct 



48 NEW JERSEY COLONIAL DOCUMENTS. [1665 

most to Your R. H. his service, I shall as freely surrender 
uj) all parts to Your R. H^ his pleasure as it becomes me 
to doe. ■ I presume farther to propose a better and a more 
entire tract, of Land wortliy of great consideration to My 
L*^ Berkeley and Sir G. Carterett, which is that part of 
DelaM'are River, which is reduct from the Dutch, if it is 
not already disposd, if soe than that my L*^ B & S^ G. C. 
may have a hundred thousand acres all along the sea coast, 
which is a most noble Tract of land, but it will cost them 
20,000 ft) before it will yield a penny, and their childrens 
children may reap the profitt, great have beene the abuses 
of false reports, whereof I am now fully satisfied, and yet 
I hope to render a satisfactory account to Your R. H^ by 
word of mouth, when it shall please Your R. IP to give 
mee Liberty, and that your affaires heere are upon such 
a foundation as will not be shaken by my absence, for the 
j)resent so it is that every short removall of mine produces 
ill Effects, and in plaine words the Towne & Country cr}'^ 
out they will leave their dwellings if they can not stay mee 
from going to Boston, such are their apprehensions of a 
Dutch invasion. 



Oaths of Allegiance, Taken 1665-1668. 

[From " East Jersey Records," Vol. II., back of Liber 3.] 

The Oath of Alegeanee taken by the Inhabitants of 
Bergen and in the Jurisdiction thereof Beginning the 22 
November 16G5. 

You doe Sweare upon the holy Evangelist Contained in 
this book to bare ti'ue faith and Alegeanee to our Sou" 
Lord King Charles the Second and his Lawfull Successors 



1665] 



OATHS OF ALLEGIANCE. 



49 



and to be true and Faithtnll to tlie Lords Proprietors and 
their successors and the Government of this Province of 
]N[ew Jersey as Long as you shall Continue a Freeholder 
and an Lihabitant under the Same without any Equivoca- 
tion or mentall Reservation whatsoever and so help you 
God 



Nov 22, 1665. 



Bergen 



Cap^ Nicolas Verlett 
Herman Smeeman 
Gas2)er Stenmetts 
Elias Mitchelsen 
Ider Cornellissen 
Hans Diedrect 



Hendrick Tunnisen 
Adolph Hardenbrook 
Geart Garretsen 
Benthal Lot 
Christian Pietersen 
Thomas Fredericksen 



Justice 
Magisf 

Ditto 

Ditto 

Ditto 
Constable 

Tynemant Yan Yleckt Town Clarke Cornellis Abrahams 
Cap* Adrian Post Ensign Herman Edwards 

Jacob Lieby Herman Court 

Arent Lawrence . Renier Van Giesen 

Jan Scrutall Jan Eversen Casabon 

Engelbert Steenhuis Joas Yand' Lynde 

Pieter Jansen Garrett Garretsen 

Lawrence Andries Claes Arentsen 

Derrick Tunisen Lawrence Arentsen 

Douwe Harmensen Isaac Yan Uleck [Yleck.] 

Paules Pietersen 



The Oath oi Aleagance and Fidelity taken by the Inhab- 
itants of Elizabeth Town under the Jurisdiction thereof 
beginning the 19**^ Feb. 1665 

You doe Sweare upon the Holy Evangelist Contained in 
this Book to bare true faith and Allegeance to our Sove- 
raine Lord King Charles the Second and his Lawfull 
Successors and to be true and faithfull to the Lords Pro- 
prietors their successors and the Govermen*^ of this Province 
of New Jarsey as Long as you shall Continue an Inhab- 



50 



XEW JERSEY COLONIAL DOClMEXTt 



[1665 



itaut vnder the Same without any Equivocation or Mentall 
Reservation whatsoever and so help you God 



M"" John Ogden Seui" 
Capt Tho^ Young 
Michall Simpkin 
Abraham Shotwell 
Tho^ Skilhnan 
John WoodroflFe 
Thomas Leonards 
Jonas "Wood 
Jacob Claes 
Eodrick Powell 
Luke Watson 
Stephen Crane 
Joakim Andries 
John Waynes Wayne 
Jacob Mouliains 
WiUiam Johnson 
John Gray 
Nicholas Carter 
Thomas Pope 
"\V™ Cramer 
Barnabas "NVines 
Thos Tomson 
Nathi Tut tie 
Rob^ Mosse 
Peter Mosse 
AVm Trotter 
Evan Salsbury 



Elizabethtown 

George Packe 
Thomas More 
Samuel Marsh 
Mones Petersen 
John Haynes 
Caleb Carwithyer 
Wui Olliver 
Humphrey Spinage 
Joseph Phrase 
Zackerj' Graves 
Peter Wooluersou 
Charles Tucker 
Benji Homan 
JefEry Joanes 
Christopher Young 
Jeremy Osboume 
John Dickinson Dead 
Dennis WTiite 
John Ogden Junr 
David Ogden 
Robert YauqueUin 
Benjamin Price 
Ben: Concklin 
Eobert Bend 
Joseph Bond 
Moses Thompson 
Joseph Osbume 



John Brackett Seni" 
William Meaker 
Isaac Whitehead 
Nathaniel Bunnell 
Mathias Heathfield 
Jonathan Ogden 
Levaud Headley 
John Parker 
Daniel Harris 
Richard Paynter 
Francis Barber 



An° 16| 
The Oath of Alegeance and Fidelitie taken by the Inhabit- 
ants of Woodbridge Beginning the 27**" day of February 16^ 

M' John Pike Henry Lesenby 

Tho' Blumtield John Freeman 

Samuel More Henry Jaques J"" 

John Smith John Bishop Jun"" 

Hugh March Kathan Webster 

George March Elisha Elsley 

Mamaduke Potter 



1668] OATHS OF ALLEGIANCE. 51 

The Oath of Aleagance taken by the Inhabitants of Nave- 
sink 

Christopher Ahny Sam' Shaddock 

Nicholas Browne John Havens 

Joseph Parker John Hall 

Francis Master Abra™ Brown 

Joseph Unit George Cheete 

Tho* Wansick (leorge Hullett 

Edmund Le Fetra Jacob Cole 

Robert West Jun*" Gabriel Kirk 

Peter Parker Tho^ Wright 

Edw*^ Patterson Bash SJiamgnngoe 

Luis Mattulx Rob' West Sen"" 

John Slocum W™ Neuman 



The Names of the Inhabitants of Midleten upon Nave- 
sink that doe Subscribe to the Oath of Alegeance to the 
King and Fidelitie to the Lords Proprietors — 

And the Oath is this that you and any of you will bare &g 
John Bowne 
James Grover 



The Names of those that have taken and Subscribed the 

Oath of Allegeance to the King and Fidelitie to the Lords 

Proprietors by the Inhabitants and Freeholders upon the 

River Delawar 

Peter Jegow 

Fabius Houthout 



Letter fro)ii Governor Philip Carteret to those piirposimj 
a SettleDient on the Delaware. 

[From Manuscript Answer to a Bill in Chancery, in the possession of Charles H. 
Winfleld, Esq., of Jersey City. 

New York 271? February 1865.1 
Mr. W^ Jones and the rest of the undertakers of the 
Plantation upon Delaware bay or River — SF. — 

1 1665-6 Ed. 



.52 NEW JERSEY COLONIAL DOCUMENTS. [1666 

I have received yours of tlie lU^!' Instant by Captain 
Treat and Mr. Gregory for Answer to those alterations you 
have made in the Articles formerly Agreed upon ; I can- 
not by any means consent unto, in resjDect that I have 
already sent them to the Lords Proprietors for their Assent, 
but if there be any words Omitted that are agreeing to the 
sense and right understanding of the said Articles, they 
shall be added when they are to be Engrossed and Con- 
firmed farther by the Lords, for matter of appeals that 
must be both for the place, and to what Court the Gover- 
nour Council and Generall Assembly shall ajjpoint : for 
matters of theft,, we must be Governed by such Laws as 
shall be made by the Generall Assembly, and it is like they 
may agree with those that you propose, but without doubt 
they will be very Cautious, in the taking away of any 
Man's Life, unless there be a Necessity for ; for Common- 
age there is Provision made for that in the Lords Conces- 
sions -as you have here Verbatim. Yiz*. they are to take 
care (meaning the Governour and his Council) that no 
Man if his Cattle stray, range or Graze, on any Ground 
within the said Province not actually Appropriate or set 
out to particular Persons shall be lyable to pay any Tres- 
pass for the same to us our heirs &c ; Provided that Cus- 
tom of Commons be not thereby pretended to, nor any 
Person hindered from takeing up and appropriateing any 
Lands so Grazed upon, and that no Person do purposely 
suffer his cattle to graze on such Lands, which Article I 
suppose will Answer your Expectation concerning that 
particular and therefore need not to be incerted in any 
Article ; the 500 Acres Allotted to the Lords cannot be 
altered, it being a great deal less than they Intended by 
their Concessions; and besides it being Expresst in the 
Articles sent unto them, for the Councill is not to be 
Chosen but by the Lords Proprietors and the Governour, 
but Questionless if the Generall Assembly doth recommend 
any able Person to me. I may accept of him. I referr 
you to Cap'. Treat and Mr. Gregorys relation who have 



!()(}(]] LETTER TO SETTLERS ON THE DELaWARE. 5H 

read the same in the Concessions, if any Person or Persons 
shall come and Inhabit within the Limitts of your County 
after the three Years Expired may have and enjoy the 
same Priviledges 'as yon do, excepting the proportion and 
the benefit they receive by it, of Lands by which they 
must make a New agreement, but if they take up Land in 
atiy other County — they must be conformable to such Laws 
and Customs as are there Established, Excepting in matters 
of Judgment and Opinion ; in Religion ; for the Pur- 
chasers being out of purse and the great Loss they have , 
sustained I cannot help them therein ; in my Opinion those 
that Settle with them in that Tract purchased by them, 
must pay toward it, according to proportion for the Land 
he takes up by Patent. I desire to have a Copy of the 
Indian Grant, that I may know the Names of the places 
purchased and the Bounds thereof. I cannot grant any 
Exemption from the payment of the i penny pF. Acre it 
being all the advantage that the Lords Proprietors reserve 
to themselves and besides it being so Inconsiderable ; espe- 
cially that every Man pays for no more Land than what he 
appropriates to himself by Patent, that I shall not desire 
any abatement of it for my own particular ; for the words |j 

heii-s and Successors in the Title of the Articles, shall be 
Incerted. as also in the first and Second Articles. — In the 
third Article not contrary or agreable to the Laws of Eng- 
land seems to me one and the same, & a thing Indifferent, 
as also the word alteration without Generall Consent of the 
Ereemen shall be added in that and in the 1(»*.^ Article.— 

In the Eighth Article as • Indifferent Men shall Judge ; 

shall be allowed of in the 10*.? Article shall be added, and 
for the Transacting and ordering all Affairs, and also in 
the M^-l" Article or Freemen of the Plantation. — for the 
15'.? Article if I see Occasion and reason for it I shall allow 
a larger Extent of Bounds, to a Town or City than is there 
Expresst. — I understand it, your Settlement to be upon 
Delaware bay and River — for the fines they are to be dis- 
posed of, by the General 1 Assembly for the defraying of 



54 NEW JERSEY COLONIAL DOCtJMlINtS. [1666 

the Publick Charge of the whole Province, and your 
County being a People of" it, will have as great a share as 
any other according to their — disbursements for the Pub- 
lick use, it is understood in the 7^!^ Article that if a man 
Willfully Neglects the recording of their Grant within one 
years time and no otherwise — -All which amendments I 
do not doubt but will be to your satisfaction, and an 
Encouragement to those tliat are to Join with you with n)y 
love to yourself and your associates I Rest — 

[PniLip Carteret.] 



Colonel Nieolls, Governor of New Yorl', to Lord Arlmgton. 

[From ''New York Colouial Documents," Vol. III., p. 113.1 

My Lord \_Extract.'] 

My Lord it hath pleased His Eoyall Iligli- 

nesse to grant by indenture to n>y Lord Berkeley and S"" 
George Carteret (amongst other tracts of inevitable preju- 
dice to this Colony) all the East side of Delaware River. 
My humble coiiception & certaine knowledge directs me 
to informe Yo"" Lo^ that by the imskillfullnesse of the 
informers the West side of Delaware River now seated 
with S weeds, Finns, and Dutch, is so crush'd between the 
Lord Baltimore's Patent on y*^ West side, and the Lord 
Berkeley's indenture on the East, that the present inhabit- 
ants cannot possibly subsist in so narrow a compasse. In 
discharge of my duty to His Ma"^ I cannot but informe 
Yd' Lo" that if some course bee not taken to rectify these 
great mistakes, I^ew Yorke, Delaware and the Lord Berke- 
ley's interest will destroy each other ; but if liis Ma"® & 
His Royall Highnesse shall think fitt to graunt to the Lord 
Berkeley S'' George Carteret and their associates all that 
tract of land to the West side and East side of Delaware 
River M'hich was recovered to His Ma""""* dominions from 
the hands of the Burgemasters of Amsterdam, which \vas 



1606] GOV. CARTERET TO ORATOK. 55 

twenty miles distance from each side of the Eiver, I make 
no doubt but that all interests will bee fully preserved, 
and both planters and trade flourish in that & this Colony. 

My Lord 

Aprill the 9"^ [16Gr>] Yo'" LoP** most humble 

New Yorke and most faithful servant 

To the Lord Arlino^ton R. Nicolls 



Liter from Governor Fh'dip Carteret to the Lidian Seahem. 
Oraton, Rel-aiwe to the Newark Traet. 

[From a copy in Poasessiou of C. H. Winfield, Esq., of Jersey City.] 

Eliz : Town the 26^? May 1666— 
To Oraton— Honoured Sachamore according to our 
agreements, in our last meeting ij have sent to you 
Cap.^ Treat, with some others and the Interpreters for to 
make an End— Concerning that Parcell of Land, that we 
were about the other day, and ij have given him full power 
to act with you, concerning the same so much if ij was 
with you myself : and what you do agree with him ij shall 
see you fully and duely satisfied ; and as we have been and 
Lived together in unity and Amity ij do wish that it may 
continue it shall not fail of my side, that you may be sure 
of it, and you need not to cpiestion that it will prove very 
advantageoiis to you, and to the People under your Com- 
numd, and as for those Complaints that you did to me of 
the abuses done to you at the Manhattans ij cannot help 
the same but yon may be sui-e that the same hath been 
Committed without any consent or knowledge of the 
Governour and in the future this shall be amended, and ij 
have given him notice of it and ij am very well assured 
that if he hath known the same, for the respect that he 
hath for you he had not suffered it, and ij do promise you 
that if any Man under my Command do wrong you or 
yours upon prove of it he shall be severely Pnnished, the 



56 KEW JERSEY COLONIAt DOCUMENTS. [1666 

same Justice I do expect from your side and I hope in a 
little time to be able to supply your People with such 
goods as they shall have need of, and not to go to them 
places where they receive affronts ; in a short time I shall 
take an Occasion to give you a Visit in the mean while I 
remain, Szc. 



Letter from Governor Ph'dlp Carteret to Captu'im^ Pod 
anil Cornel tai<, Interpreters. 

[From a copy in the Possession of C. H. Wiufield, Esq., of Jersey City.] 

Eliz. Town the 26^.^ May 1666— 

Capt. Post and Cornelius — 

This letter to accompany Cap* Treat and some of his 
Company they are going to Ilackinsack to Oraton, there- 
fore so as you have beginned ij pray you to Continue, and 
to go long with them to said Oraton and to Interpret my 
Letter that I have written to him likewise to help the said 
Cap- Treat for to bring the Bargain of the Land concerned 
to a period, the same being ended you shall bring Oraton 
and the Owner or at least the Owners of the said Land 
with you ; and to View the said Land, and to put the 
Limitts — according the use and your best Judgment not 
more at the pi-esent I do remain. — 



l^rochimation of Governor Carteret, Calling the Fird 
Assenihhj. 

[From "East .Jersey Record?,"' Liber 3, p. 13.] 

Whereas b}' the Infinite Goodness, providence and bless- 
ing of Almighty God this P'"uince of New Jersey is in h 
probable way of being populated there being a Considerable 
number of families already settled in severall parts of the 



1008] FIEeT AS5EMELT CALLED. 5? 

same and manv more tliat in a Bhort trme are to Come «Sl 
place them^selves vnd'' tliie Gouemment, for tlie better prop- 
ao:ating and Incouragement thereof I Lave thonght fit witli 
the advice of my Coaneell to appoint a Generall Assembly 
to begin the XX V^ dav of May next Ensuing the date 
hereof, for the mating and Constituting such wholsome 
Lawes as shall be most needfull and 2s ecessary for the good 
gouemment of the said Prouince, <fe the maintayning of a 
religious Commimion <fc: eiuil &c»ciety one v^*^ the other as 
l:>eeometh Christians w*''out which it Ymposible for any 
boddy Politicq to prosper or subsist. Witerefore These 
are in the Lords Proprietor Xames to Will and ^Require 
all the freeholders belonging to To 

make Choice and appoint Two able men that are freeholders 
and dwellers W^in the said Limits i/j be your Burgesses and 
Representatives for yon. And they being Impowered by 
you are to make their personall appearance at Elizabeth- 
towne the ^h^ day of May next as aforesaid <fe there to 
Joine ^^^ me yonr Gonemer <t my Conncell to advise in 
the Management of the affaires that are needfull and Neces- 
sary for the Orderly <t Well Goueming of the said Prouince 
hereof you may not faile as Yon and Every of You Will 
answere your Contempt to the Contrary. Grrcx Ynd'" the 
seale of the Prouince the seannth day of Aprill 166S and 
in the XX yeare of the Heign of Ou'^ Souereign Lord 
< Imrlr*: the Second of England, Scotland. France 6z L-eland 
King, Defend"" of the Faith <fcc^ 

Ph. CAETEEin-. 



Samuel MavcruJce'^ to L(>rd Ay^Un^ion. 

[Praia "Xew Tcsrk Coloni&l Docnments." ToL UL. p. 174.] 

Xew Yorke in America 
Ptght Hos^ August 25*^ 166S 

[^Extract^ Shortly after y^ reduceing of 

these parts from nnder the Dntch to his Ma^^ obedience. 

1 One of the Soyal Commissioners to Kew £n^land. dec. £i'. 



58 NEW JElESEf COLONIAL DOCUMENTS. [106S 

the Lord jn'^ Berkeley and Sir George Carterett sent over 
hither to take possession of a certain tract of land granted 
to them by His Koyal Highness out of his patent, which 
hath proved very prejudicial! to this place and govern- 
ment. Their Bounds reach from the East side of Dela- 
ware River to the West side of Hudsons River includeing a 
vast tract of the most improveablest land within His Royall 
Highnes his patent. It hath taken away some Dutch vil- 
lages formerly belonging to this place and not above three 
or foure miles from it : the Duke hath left of his patent 
nothing to the West of New Yorke, and to the East upon 
the Mayne about sixten miles only from Hudsons River 
whereon is but one poore village, Long Island is very poore 
and inconsiderable, and beside the Citty there are but two 
Dutch townes more, Sopus and Albany, which lye up 
North on Hudsons river. I suppose when y^ Lord Berke- 
le}'^ had that grant, it was not thought he should come so 
neare this place, nor were y'^ inconveniencyes of it known 
or considered. 

I shall not trouble yo'' Lord^ with further relation of 
matters here, since Coll Nicolls can give you full and 
particular satisfaction both in this or any thing else relate- 

ing to these parts 

Your Lords^* 

Most humble servant 

Samuel Mavericke 



Prodamatmn of the Governor and Council Belatrve to the 
Inhahitants of M'ahUetovm and Shreu\sbi(ri/. 

[From " East Jersey Ttecords," Vol. II., Liber 3. p. 24 ] 

Prohibition for those at Navesinks to bare any office or 
have any Vote in Election till they have taken the Ooath — 

Whereas by the Lords Proprietors Concessions no person 
or persons are to be admitted as a Freed man or Freholders 



1069] MIDDLIITOWN AiSTD SHREWSBURY. 5^ 

of tills Province of New Jersey or to licive or In joy the Pri v- 
illedges granted by the said Concessions nntill they have 
taken or snbscribed to the Oath of Alaegance to our Sover- 
aign Lord the King and liis Successors and to be true and 
faithful! to the Interest of the Lords Proprietors their heires 
and successors it is this day ( )rdered by the Govern'' and 
his C'Ouncell that from henceforth no person or ]:)ersons 
M'ithin the Townes of Midleton & Shrewsbury and places 
Adjacent Shall have any Authority or power to bare any 
Ottice in any Military or Civil Affairs nor to have any 
Yote in Election or publick business, untill they have taken 
the said Oath of Alegiance to the King and Fidelity to the 
Lords Proprietors, upon the penalty of being proceeded 
against as Mutineers against the Authority of this Govern- 
ment, and the Disturbers of the Publick Peace and that 
all persons may take Notice hereof M"" Peter Parker the 
sworne Constable of Shrewsbury is hereby required to Pub- 
lish this our Order in both the aforesaid Townes & to fix a 
Copie of the Same in some publicq place or places where it 
may be Seen and Read, & to take Notice with good Sufii- 
cient Witness in Writing, when it was jniblished. Given 
under the Scale of the Province the first day of March 
1()()8,^ and in the one and twentieth yeare of His Majesties 
Raigne King Charles the Second &c By Order of the 
Governo'' & Councell. 

Jas. Pollen, Pres* 



]Va/'/'a>(t fill' the Navesink Men to Produce the Lav\^ 
and to Puhlii^k them. 

[From " East Jersey Records,'' Liber 3, p. 25.] 

Whereas there Was a boddy of Lawes made by the 
Generall assembly barring date the 30^** May and another 
past the 7 Nov*" last the captions Whereof Where sent to 

1 ia68-9. EU. 



CA 



NEW JERSEY COtONIAt DOCUMENTS. 



[1669 



the Towns of Shrewsbury and Midleton and as I am In- 
formed are by some disaffected p'sons Concealed and not 
published Wherefore these are to Will and Keqnire you to 
demande the said Lawes In Whose hands or Custodie So 
ever they are and In Case of Eefusall to take them by force 
and the same to publish in both the said Townes of Shrews- 
bury and Midleton, hereby requiring all p'^sons to be Ayd- 
ing and Asisting to you in the Execution of yo"" office & for 
You so doing this shall be yo"" sufficient Warrant. Giue/i 
Ynd*" my hand and Scale the first day of March 1668 * 




To M"" Peter Parker Constable of Shrewsbury 



1 1668-9 



1669] WARKANT KELATING TO MIDDLETOWN, 61 



Wari'diit from GoC'i'tior C<(rtvirt, h\qi('u''uHj the Surrender 
of a Paper^ in the Hands of some Individual of Mid- 
dliftown. 

[From "East Jersey Kecords," Liber 3, p. 25.] 

A AVarraut to Eeqiiire a paper signed by the In- 
habitants of IMidleton ag* the Lawes 

These are by tlie advice of my Couucell to Require You 
to demande a certaiiie paper Subscribed by the Inhabitants 
of Midleton Concerneiiig tlie Oposition of the Lawes in 
"Whose hands or Custodie Soever it Is in and in Case of 
Refusall to take it by force and to Conway or bring the 
same vnto me and my Councell Eerpiiring all p''sons to be 
ayding and assisting Ynto you in the Executing of this 
Ord*" and for yo*" so doing this shall bee Your sulhcient 
Warrant ; Given Ynd"" my hand and Scale the tirst day of 
March 1 668.1 

To M"" Peter Parker Constable [Ph Carteret] 

of Slirewsburv 



Governor Carterd to Surveyor General VauquiUin. 

[From Woodbridge Town Records] 

To M"" KoHERT Yan Quellin '-* (///rt*^ La Prairie Sir 

In aiiserr to yours of the 3*^ instant I doe not understand 
that the towne of Woodbridge hath, any power to dispose 
of the Lords proprietors Lands without ther aprobation ; 
and Contrary both both to ther laws and ther own Articles ; 
when it is tliers accordingly to ther charter, they may doe 
with it what they please, till then it is at the Lords pro- 
prietors disposing; therfoie without any more serimonies 
if there be any that are so contentious and will not pattent 
ther land, lay it out to those that will, and let them go and 
look for land where they can gett it ; for Amboy I won- 

1 1668-9. 2 Vaiuiuillin. Ed. 



62 NEW JERSEY COLONIAL DOCUMENTS. [1670 

der M"" Pere [Pierce] should be so unadvised as to speak 
any more Concerning itt ; he knows it was reserved for the 
lords in lew of the seventh partt, therefore may sett his 
hartt at rest, for that he sliall never have, and if he will not 
pattent that land that is allotted for him, yon may lay it 
out amongst the rest, to those that will, I was absent when 
several of your towne brought Corne which Champine did 
reseve but not upon Accop* of Rent do to the Lords ; he 
hath kept an Exact Accop*^ of what he hath reseved from 
every particular man which I will be accomptable for and 
will give no reseit to any of them upon Accop* of Rent, but 
to those that have pattented ther lands, therefore the policy 
in that will faile them. 

For the Piscataway men ther dividing of ther nieados 
and land without order will signitie nothing for I am about 
to pattent ther land to particular persons which will be glad 
to have it upon the same conditions they might have had 
itt, and to tnrne them out of the contrey ; and then lett 
them go into ingland ; and disput it in law with the Lords 
proprietors who hath the greatest interest. I have not 
more att present but that I am 

Sir Y"" Assnred friend 

4 Aprill 1670 Philip Carteret 

[Appended to this was the warrant authorizing the Sur- 
veyor General to survey the meadows and lands irrespec- 
tive of the claims of those who would not take out patents.] 



Order f torn Gomrnor Carteret Enlarging the Authorltij of 
the Court at Woodhridge. 

[From "East Jersey Records," Liber 3, p. 36.] 

Order for the Court of Woodbridge to try all Causes 
OUT of their Jurisdiction that shall be brought 
before them. 

Whereas there Is no Court of Jnrisdiction Established 
Within this province but for the Townes of Bergen & 



1670] COURT AT WOODBRIDGE. .63 

Woodbridge Wliereby any Actions of debt or otherwise 
Can be Lawfully tryed according to Law, 1 have thought 
Fitt for the mere Ease and Conveniency of the Ldiabitants 
of the said prouince to appoint Eyther of the said Courts 
tVhich shall be the l^earest Adjacent to the parties Com- 
plainants to have all such Causes Tried by Eyther of the 
said Courts as shall be directed vnto them by Warrant 
Eytlier from my selfe or by the Justices of peace Li Core- 
ham or Eyther of them. These are therefore to Will and 
Request you M"" Peter Parker Justice of the Peace and 
president of the said Court of Woodbridge and Your 
Assistants to take Cognizance of all such Causes that shall 
be directed and brought before you betweene party and 
party. Or other Wise as aforesaid, although any Articles or 
Limitations by your Charter to the Contrary Not With- 
standing and for Your so doing This shall be your suffi- 
cient Warrant durantum placeter. Given Vnd' my hand 
and Scale of the Prouince the SO^'' day of Octob'' 1670 

Pir Carteret. 



Governor Carteret to the Peojjle of Woodhralye. 

[From Woodbridge Town Records.] 

To M"" John Pike Justice of Peace and President of the 
Cort att Woodbridge, his Assistants, and to all other 
the well affected persons of that Coi'poration or whom 
it may Concerne, greeting : — 

Whereas I have Peseved information that tlier are seve- 
rall persons which you have Admitted to have ther voices 
in y^ towne metings, that have not any Land Surveyed and 
pattented according to theire Articles and the tenner of the 
Charter granted to your Corporation, But on the Contrary 
in Contempt doe AVilfully neglact the same, against the 
Lords Proprietors Authority, and to the prejudic and 
hindrance of all other honest minded men, as also the 



64 ^'EW JERSEY COLONIAL DOCUMEXTS. [1670 

indangeriiig of the l)reach of vonr Charter by y*^ suffiring 
of such nialigiiaiit S2:>irits to live amongst yon, or to have 
anything to doe in your publick afairs, for the j^reventing 
whereof I liave thoiiglit good hy the advise of my Counsell 
to signify this unto you : That all such persons that are not 
conformeable to the Tenner of your Charter, and that have 
not pattented ther lands accordingly are nut from this day* 
forward to Accompted as freholders, and by Conciquence 
are not to have any ofice whatsoever ; nor to have any vote 
or voice in your towne metiugs upon any publick business 
whatsoever ; nor yett to injoy any lands within the bounds 
of your Corporation ; but shal and may be lawfull for you 
to dispose of those Lands intended for them for the other 
persons that will be ol)edicnt or submit themselves to the 
laws and government of the province according to the 
Lords Proprietors Concesions and the tenner of your Char- 
ter ; which I doe hereby promise to coniirme, and in defalt 
hereof on your partes I shall prosede to dispose of the said 
lands and tenements. Acccordingto the tenner of your Char- 
ter mentioned in the second Article ; given under my hand 
and scale of the province the 25 day of Ocf Ano 1670, and 
in the too and twentieth yere of his ma*^'^® Eaine &c 

Philip Cakteret 



Proceedings Aya'intst Willaiiu Ilackttt, L'<ij)taiii uf the 
8loop Indeavor. 

[From "East Jersey Records," Deeds, Liber 3, pp. 75-T7.] 

Record of Proceedings against William Hackett, Master 
«fe Coraand'' of the Sloop called the Lideavor of Salsbery in 
the Countey of Xorfolk In Xew England, (as liolloweth.) 

The Governo^* Warrant 

Wheras a certain Yessell or Ship hath lately come into 
this Province and hath at Woodbridge bine unloaden <fe 
loaden contrary to an Act of Parliam* Intituled An Act 



1671] PROCEEBCifGS ACrAI^T^T WM. flACKKTT. *>0 

for the Incouragement of trade ; And that the Master of 

the said Yessell or Ship hath not w'Hn the tvine specefied 

In the said Act Given Inventory of the Goods & heading 

of the said vessel! : These are in his Maiesties name to Will 

& Eequire you forth w'** to make seisure of the said Yessell 

till tyme convenient for the tryall & hir to Detaine & 

Keep for his Maiesties use ; And to observe ord*"" from mee, 

concerning the same. And hereof you may not faile as 

you will answer the contrary at yo^ perrill : 

Given und' my hand the fifteenth Day of May Anno 

Dom. 1671. 

Signed by the Governo' 

To Claude Yallot. Phillip Caeterett 

RiCHAED SkINNEE 

William Jones & Richard Michell. 



May 16^?^ 1671 

Att a speciall courte held att Elizabeth Towne in the 
Province of i^ew Jarsey by Com'ission from the Hono^** 
Phillip Carterett Esq'' Governo'" of the said Province und"" 
the Lords Proprietors were p^snt In Com'ission : Cap"^ W"" 
Samford President, M'" Robert Yauquellim ; M'^ Robert 
Treat Mr W^ Pardon : the Com'ission was read Before 
whome were called Phillip Carterett Esq^ Governo^ of the 
Province of Xew Jarsey in the behalfe of his maiestie 
Charles the Second pit : And William Hackett Master & 
Comand'^ of the Sloop called the Indeavor of Salssbery in 
the Countey of Norfolk in New England Defend^. Tlie 
Jury being impaneled ci: sworne were Beniamin Price fore- 
man. Nicholas Carter. William Pyles George Ross. Barna- 
bas Wynd,, Xathaniell Bon'ell Mathias Hetfeild John Wyn- 
ings, W"? Glliver. Stephin Osburne, W'" Meaker. John 

Woodroff. 

The Oath. 

You shall well <.<: truly try all such Action or Actions as 
shall bee delivered to you by this Court tt a true & pfect 
Yerdict thereof Returne according to vo' Evidence : yo"" owne 



6fi N'EW JER>EY COLONIAI. D«H UMEXTS. [16T1 

tfeffelluwes Coiincills you shall well & truly keep untill the . 
same bee Demauded in open Court. Soe help you (Tod cVr 
the Contents of this book. 

The Plaintiff Declareth aajainst the Defend' In the be- 
halfe of his Maiestie In an Action of the Case ; for that hee 
the Defend? haveing noe Regard to the observation & Keep- 
ing his maiesties laws made. And by Act of Parliam? passed 
in the tifteenth yeare of his Maiesties Raigne but contrary 
thereunto hath presumed to come into this Province w^" • 
his Sloop *k: there cuntinnued for the space of eight or temi 
Dayes or more, unloding «t Loading his said Vessell or 
Sloop, never making any Entry of his said Vessell or 
Goods, all w*^?" is contrary to La we ct for which by Act of 
Parliam? the said Vessell or Sloop being now seized by the 
Plaintiil for the King is forfeited w^^ hir Loading. Gunns, 
tackle furniture, Amunition it aparrell to bee disposed off 
as In the law p'vission is made, for all w'^*' the Playntiff 
brings his Action A: Craveth Judgem? of this Court. 

The Defend! pleadeth not guilty of the Declaration, 
Evidence being taken the Jury haveing heard the pleas, 
AVent forth : A: upon a second <S: third goeing forth De- 
clared to the Court that the matter com'itted to them is of 
too tjreat waiirlit for them. And Desires the Court to make 
choice of other Jurymen. "VThereupon tlie Court Adiourned 
till further order. 

May IS^*- 1671. 

The C<»urt satt againe ci' a new Jeury Empanneld. Cap^ 
Xathanill Sayle foreman. M^ Samuell Hopkins, Mr John 
Bishop Mr Samuell Hayle, Cap' Thomas Young. M"" Jona- 
than Dunham, M!" William Douglass, M"" Lawrence An- 
dreas, MrHanse Didrick, Cap* Adrian Poste Mr John Beri-y 
Jun' M*^ Mathew Bunn, the case was pleaded upo' the 
Declai'ation. Wittuesses sworn : The Oath. — You shall 
well and truly try all such action or actions as shall bee 
Delivered to you by this Court i!t a true vt pfect verdict 



1071] PROCEEDINGS APtAIXi^T W^t. HAPKETT. 67 

tlierof returne according to yo' Evidence : yo' owne & fel- 
lovves Conncille you shall well and truly Keep untill the 
same bee demanded in open Court. Soe help yon God &: 
the ( 'ontent.s of this book. 

TriE Dei'I.aratiox. 

Phillip T'arterett Esci"" Governo'" of the Province of New 
Jarsey in the behalfe of his raaiestie Charles the Second 
plaintiff : M"^ William Haekett Master and Com'and*" of a 
Sloop called the Indeavor of Salsbery in the Connty of 
Essex in New England Deliend' : The Plaintiff Declareth 
against the Defendant in behalfe of his Maiesty in an 
Action of the Case ; for that hee the Defendant haveing 
no regard to the observation and keeping his Maiesties 
Lawes made & by Act of Parliam' passed in March •25^'' 
1864 : but Contrary thereunto hath presumed to come into 
the Province above said w^^ his Yessell or Sloope & their 
continued tlie space of Eight or tenn Daves or more, unlad- 
ing and Lading his said Vessell or Sloope never makeing 
any Entry of his said vessell or goods all w''.'' is contrary to 
Law, and for w'=.'' by Act of Parlia'ment the said Yessell 
or Sloope being now seized by the p^? for the King is for- 
feitt w'l* hir loading, gunns tackle furniture, Amunition &; 
Aparrell to bee Disposed of as in the Law Provission is 
made for all which the planitif brings his Action and 
Craveth Judgem? of this Court. 

The Defend? pleads not guilty <^f the Declaration, Witt- 
nesses were sworne, William Sargeant tt John Bishop 
Sen^ whoe gave in Evidence that the said W" Haekett 
after his arrivall at Woodbridge had notice that hee should 
enter his vessell w*^?' notw^.^standing hee did neglect, Saying 
words that it was needles. 

W™ Haekett the Defendant maketh his reply as fol- 
loweth. 

1. that hee the Defend? was ignorant of any such act of 
Parliam? bynding to enter vessells in every port haven or 
harbor when thev shall arrive. 



68 New Jersey colonial tooctMENTS. [16T1 

2. bee suposseth that y' said Act of Parliam' respectetk 
11 ot small vessells that trade on this Coast from towne to 
towne that they shall bee bound to enter their vessells in 
every towne they come to for the cause of making that 
Law and the only End & intent tlierof was for the advance- 
ment of the Kings Custom, & to prevent fraud & Deceipt 
therein & its a sure rule take away the cause & the Efect 
Ceaseth for the King hath iioe custom or imposition from 
thesse pts nor officers for such Ends & purposes Established 
therfor &c. 

3. the Law Avas never published in this Province w*'?' 
maketh it not to bee a law in this place & where their is 
not law their is not transgression for although it bee pub- 
lished in all pts else untill it bee published in this province 
and such other near plantations it cannot nor is not to bee 
a Law unto them. 

4. it hath not bine tlie Custome of this place to require 
the Entry of Yessells arriving heere all the tyiiie since the 
Setlem* of this province w*"." if it had the Defend^ should 
have had notice of it by other Vessells that formerly hath 
bine heere & then h'ee would have entered his vessell as 
others had don, but there being noe such Custome in these 
parts & noe such law published the Deift. came not into 
these parts in such a presumptions manner not haveing 
regard to the Observation of his Maiesties Laws as the 
plaintiffe hath Declared in more CTennerall terms then hee 
is able to make apeare. 

5. the Deft would have Entred his vessell as aforesaid 
if there had bine any Law or Customary practice in this 
-place for Doeing soe as well as Entred his Vessell in New 
Yorke where he knew it was the Custome & Law of the 
place soe to doe for the Defend!' his intention was not to 
defraud the King of any of his Customes in these pts by 
the not Entring his Vessell. 

6^7. The Defend! saith and can sufficiently p've that as 
soone as hee arrived w^l^ his vessell to this porte hee tend- 
ered the Entring the said vessell to the plaint^. 



1671] TROCEEDINGS AGAINST \VM. HACKETT. 69 

71^. Tlie Defendant acknuwledgeth that liee was at 
Woodbridge and other Seaport townes of this pvince & 
Stayed there w'!^ liis Vessell some dayes and loaded some 
goods there but possitively Denyeth that hee did there 
breake any of his Maiesties Lawes in soe doing for ther was 
noe Officer establislied in that pt. to take the Entry of Ves- 
selLs by the plaintif w*=?' the Defendant Suposeth the plain- 
tif ought to have done if the Said Law had bine published 
& put in use in this p'vince. 

8'y. The Defend^ alleageth that his said Vessell the In- 
deavor is not lawfully arested by a publick Officer nor 
arested at all for there is nor was not any broad arrow sett 
upo' her Jklain Mast nor was there a broad arrow sett upon 
her Deck by any publick officer by virtue of any warrant 
from the Governor but the said A^essell is stopt by the 
plaintiff, hir sailes taken ashore & men put on bord, and 
the efect 6c Company turned out of hir whereby the Ves- 
sell is much Damnified : Now originall wa-itts being the 
beginning of law & there being noe such writt for the 
Seasing the Defendants Vessell extant nor ever was, nor 
sliee lawfully Arested : the plaintif Doth by all Law and 
reason faile in his Suitt & the Defend* may iustly require 
Dam'ages against the plaintiff and to bear all the charges of 
the Suit hereby ariseing. 

9'?' The Defend^ Conceives it to bee Contrary to Law 
that the plaintiff should bee as hee is in this case Seazer, 
informer plaintiff and Judge. 

lO^y. Acts of Parliam* for the Licrease of Navigation 
and Shij^ping and for to pl'vent frauds and Deceipt in his 
Maiesties Customes in some cases gives one third pte of 
the Seized to the King : one third pte to the Governor the 
other third pte to the informer, In Some other Cases gives 
one halfe to the King the other halfe to the informer not 
to the Governor thereby implying that the Governor of 
any respective Countrey cannot be informer himselfe be- 
cause hee then must necessarily bee both Seazer informer 
plaintiff & Judge of a case of his owne for if it should bee 



70 NEW JERSEY COLONIAL DOCUMENTS. [1671 

allowed of in Law that such a Governo'^ might bee iiifornier 
it is like many Ships & Yessells would bee on as slight 
attempts as this Seized on by (TOA^ernors for Lucres sake. 

IV7. The Defend^ alleageth the plaintiff being Governo!^ 
of this pvince hath Condenmed the Vessell allready as by 
his Declaration Doth evidently apeare for hee saith & that 
possitively that the said A^essell, is forfeited w*:" proceeding 
is absolutly Contrary to Law and cannot but have great 
influence on them y^ sitte Judges of this case hee being the 
Governor. 

12'^. The Defend' saith there is noe reason or Law that 
hee should bee pat or forced to stand to y^ Verdict of 
another Jury becausse the former Jury hath by their Ver- 
dict Cleared the Defend'.' Vessell nor is it reason or Law 
that Juries should be over awed or new Jeuries pickt out 
to serve mens purposes, therefor the Defend' stands to the 
first verdict of the Jury & in relation thereunto requires 
the benelitt of his Nationall Law. 

W?. his Maiesty hath himselfe in aniost eminent Man- 
ner expounded that very p^tended Clause in the said act of 
parliam' concerning entering of Vessells in amost notable 
Case of the like nature that happened in Mary Land upon 
the Seazing of a Vessell there for not Entring according to 
Law although in the said Province the said Law is pub- 
lished, And fyned the Lord Baltemore Eight thousand 
pounds sterling for the said seizure as is publickly knowne 
to many thousands 

14'?'. the Defendant maketh this his aforegoing answer 
to the plaintifs Declaration reserving to hiinselfe accord- 
ing to the Lawes of England liberty as occassion shall 
re«|uire to answer further. . 

Officers Oath. 

You shall keepe the Jury w'l'out meat Drinke and Can- 
dle light or any p-son Coming to heere or Discourse w'!' 
them untill they shall Declare to you that they are agreed 
jji their verdict, Soe help you God & the contence of this 



l^Tl] PBOCEEDINGfc AGAIKCT -VTML. HAtXETT. 71 

l«ook€. Titt* Jnrr went aeidtaiic' afte* Soinf tvnif nron^i 
iL tii€ir A'<;rdict at followetii. 

EliziibetlitDwiit Jdiiv l^** 1-671 — 

Att a special! Conn tlieir Inild h\ -fbe Governo^ ik ord^ 
Phillip Oarterett Eeyr Plaintif In an ActioD of tlie Case in 
behalf* erf iiif maiegtit and M^ "William Hackett Defend^ilie 
Jury lindeth for the ])laintif. the Teef> w**' hir fnruiture 
ioiiitt. Cost of Court and Jurr out of ihe same, to bee 
defravede. 

■Siinied Irr yATHA^OELx Satle. ioremaue 

The t ourr j)a(?'-ec! tiiio^eii; a'-'-*oraiii^ ii-iiit .Jurrf Terdict. 

Tile two third pi*- oi' tiit *said Sli»02>e wae bj the Gover- 
nor Delrrered l^m^ a^ine to tiie use of the inrplorvBTP and 
ownere theT paTin|r the «im>e of twenty six pounds thirteen 
shiTlinff' 6: ioure j>ence ior ye two tiiird jrtt- of the CJhai^fBg 
reservinr; sufficient Caution ior iie atber third ipt to ins, 
maiestie at h was «old Icrr tbe Candle "the Sum" of . _ « . 

" Wtt.t.ia-m TTAntrrny Agr rrrTAw nT- 3'0 TiTtr GousffiSJt?. 

'Wile^a^ the "filooj^e Indear^our wheraf I "WilliaTn Satiett 
■wat- Master V»eeanae seized tk forfeited by Clrd' of ILaw ag 
by sentence irf Court at Ehzabethtowne in tbe Prordnee of 
^ew Jarfiey it apeareth. And that ■&© Soh^ PhiHg) Car- 
t«rett Icjuqr GoT^emo^ of tbe said Pro^dnee hath of bk 
ftrv^our and rroodnesB Given ba(i: and iiemitted the two 
third jrEg of the -said Sloupe «oe iorfeited l&^ierving suffi- 
cient Caution fortbe otber third jne to life IMaiestifi^ tise it 
behoof e and j^ayiiicr the pportion of Ohprff fti^ belonsinc; lo 
the said two third jftt^ ^w** 3 iusa^ to jiay i»efore my being 
rapoBfiSBed of "flie said ffloope amoumiua: to the ■Sum' of 
six 6z Twenty pound? thirteen sbillingf 6: iv -ie 

sterling w*?' favour I doe beerby bunibbr it .y 

acknowledge And irr these presseniB I 1be said "Whxiaji 
Eaokett bave remitted released «t I> - . :" And by 
these p^.isenti- Poe for rnee my iieiref X:._ vt Adniiii- 



72 NEW JERSEY COLONIAL DOCUMENTS. [1671 

istrato^s and these whot werr my impLoyers Remitt Release 
ik Discharge the said Hono''? Governor his heires Execu- 
tors & Administrators for ever of and from all matters 
Actions Causes of actions, Claymes & Demands whatsoever 
relating to the said Seizure and forfeiture of the said Sloope 
or matters whatsoever to this pTsent Day : In Wittnes 
wherof I the said William Ilackett have heerunto sett my 
hand and Scale this thirtieth Day of June in the yeare of 
o'" Lord one thousand six hundred Seaventy one, 
Sealed & Delivered in ye William Hackett. [seal ] 
pTsence of 

John Payne 

Wit,liam Pardon, Deputy Secrefy 



Council Minutes — Indian Miirders at Matiniamck Island^ 

Delaware. 

[From 'New York Colonial Documents," Vol. XII., p. •184.] 

At a Councell held at Fort James Sep. 25, 1671 

Present The Governo'" 

M' Mayo"* ,. ^^ ^ i 

,, ^, "^ , Voi iNew lork 

M'" Sheenwyck 

The Secretary j 

Governo*' Philip Carterett ] . ^j ^ 

^ t T r^ . ff 1 [ ^'^ ^^^^ Jersey 

Cap' J ames Carterett ^ ) 

The Occasion of y^ Present Meeting is the Lett'' brought 
from W Toms by Peter Alricks about the Murder of two 
Christians (Dutch Men) killed by some Indyans, at the 
Island Matiniconck * in Delaware River. 

1 This is the first mention made of James Carteret, a son of Sir George, who, for a 
brief period, attained to some prominence in the aflairs of the Province, being elected 
by the malcontents "President of the Country" over the rightful Governor. He 
left the Province in 1673 for Carolina, but subsequently returned to New York, where, 
in 1673, he had married the daughter of Thomas Delavall, Mayor of the city. He 
returned to Europe subsequent to 1679. " East Jersey Under the Proprietary Govern- 
ments," ad Edit., pp. 67, 68, 72. Eu. 

g " Matiniconck, ' afterwards known as Burlington Island. En 



1671] INDIAN MUEDERS ON THE DELAWARE. 73 

Peter Alricks * being p'sent relates wliat is to y'' Truth of 
the Murder upon w*'*' liee is examined. Ilee saith the 
whole Nation of the Indyans of whom these Murderers are, 
consists of about 50 or 60 persons. All the Mischeifs 
committed in Delaware these 7 yeares by Murder and 
otherwise, are said to be done by them. 

The Indyans their Confederates (as it's supposed they 
will l)ee if a Warr follow) with this N'ation of the Mur- 
derers, may bee about a thousand persons besides Women 
and Children. 

The Names of the two Murderers, are Tashiowycam & 
Wywannattamo. 

Peter Alricks declares, That two of y^ Saggamores of the 
Nation of the Murderers, promised their best Assistance to 
bring in the Murderers, or to procure them to be knockt 
i' the Head, if it be allowed by the Governor. 

Many other Indyans that he mett upon the Road did 
very much disallow y" murd'' & were very sorry for it, it 
offered their Assistance against them likewise, only the 
Difficulty was, that there were seven of these Indyans, 
Men of the Same Stock, that if the two should be seised, 
the other live would seek to bee Eevenged ; soe it was 
unsafe. 

Divers other Discourses between him & the Indyans he 
related as to this matter. The Proposall to have y^ Mur- 
derers destroyed was to cause a Kinticoy to bee held, ct in 
the midst of their Mirth, That then one should be hired to 
knock him i' the head. This by the Sachem. 

Peter Alricks saith : The proper time to sett upon this 

1 Petek Alricks is lirst mentioned in connection with the settlements on the Del- 
aware, in 165!). In 1665. in consequence of the hostility manifested towards the Eng- 
lish, his property was contiscated and conferred upon William Tom. In 1668, however, 
he professed allegiance to the English and was placed in possession of Burlington 
Island, but on the Dutch obtaining the ascendancy again in 1673, he was equally ready 
to renounce it. He was subsequently appointed a Justice of the Peace, and filled 
other stations, indicating on the part of the chief authorities some confidence in his ex- 
ecutive ability and general usefulness. It is thought that he subsequently became a 
member of the Pennsylvania Colonial Legislature.— See MS. account by Edwin Salter, 
in New Jersey Historical Society Library, and references in "N. Y. Col. Docts.," 

Vol. xn. Ei). 



74 NEW JERSEY COLONIAL DOCUMENTS. [1671 

Nation of the Murderers is within a Month from this time, 
for after they'l breake t>if their keeping together in a 
Towne, cfe goe a hunting, soe bee separated & not to bee 
found, but now the danger is of their destroying the Corne 
and Cattle of the Christians, 

The Occasion y^ Murther is said to bee tliat Tashiowy- 
cans Sister dying, hee exprest great (Treefe for it, and said 

The Manetto hath kill'd my Sister 6z I will go & 

kill the C'hristians, Soe taking another with liim hee went 
<fe executed this Barbarous llact. 



Leiter from Governor LoreJaco to Mr. Tomcat DdauMre. 

[From "New York Colonial Documents,'' Vol. XII.. p. 4?,').] 

L're from ye" Goveno"" to M*" Tom at Delaware Septem 26'** 

1071. 
M" ToM.i 

I received yo"' Lett' of y" 15'^ of September IHTl by 
Hendrick Loaper, wherein you give me an Acct. of the 
Barbarous Mnrder of y'' two Christians on Matinicock 
Island by y'^ Neighbour Indyans. I must confess I was 
much startled at y*' Narrative, and y'' rather in regard 
Capt. Carr had given mee lately soe full an Assurance, 
that all things between yo"^ and y'' Indyans were so firmely 
settled, that there was hardly any Koome left for any Dis- 
trust or Jealousy of them, betwixt you and them ; Much 
lesse that soe suddenly after they should breake out into 
• 1 ■ 

1 Caitain William Tim was the first English civil officer in West Jersey, and one 
of the moHt prominent and trustworthy early settlers. He came over with Sir Robert 
( 'arr, in the expedition under ( 'ol. NicoUs, in 1664. He was appointed to several othceF, 
and, as Sheiift', his authority extended at one time over both siden of the Delaware, to 
Burlington Island. This office he resigned in August, 1672. In 1674 he was appointed 
("lerk of the town of New<"astle by Gov. Andros, and subsequently a Justice, &.c. 
It was after him that Tom's River, in South Jersey, was named. He died in Jan- 
uary, 1678. See MS. account by Edwin Salter, in New Jersey Historical Society 
Library; and references in "N. Y. Colonial Documents,'' Vol. XII. Ed. 



1671] GOA-. [.OVELACE TO WILLIAM TOM. 75 

the^e unheard of Crueltyos iVr villanoiis Murtli'" w"*' as their 
Crimes have not Taralell. see I am assured y*' vengeance of 
God will never forsake us, till wee avenge y*" r>lood of 
y^ Innocent on y*" contrivers heads ; Had my Directions 
been bravely A: vigorously followed by you in the last sad 
Accident, 1 doubt not but it would have j/vented this ; 
iV I pray God this sin be not laid now to your charge. I 
shall by this Conveyance Transmitt but little to you in 
regard I know not how and when it may arrive you, but I 
reserve my more ample Instructions, w'*' I will send by 
Peter Alrick, who To-morrow will Imbarque in Tom the 
Irishman ; However if this arrives you lirst I would have 
you to pretermit noe time, but to bethink how a AVarr may 
be prosecuted on those Villaines ; And in regard it will 
require some time, till all Things be brought in Order to 
y*" best Advantage of Compassing our Designe. I think it 
re(piisite that all y^ ifrontier Scattering Plantacons be 
ordered immediately to thrash out or remove all their 
Come, as likewise their Cattle, that soe they may receive 
y« less Damage l)y the Elfects of y*= Warr w'^'" will ensue. 
Next that none (on paine of Death) presume to sell any 
Powder, shott, or Strong waters to y'^ Indyans, and that in 
the meane time you carry (if practicable) a seeming Com- 
placency with that Nation l)y either Treaty or Traffick, 
that soe they may have y*" less mistrust of our intended 
Designs ; but if it can be soe contrived that that Nation 
will either Deliver up x" Murtherers to you, or their Heads 
you have then liberty to assure that Nation of noe Disturb- 
ance till I am acquainted there w*^ ; The Governo' of New 
Jersey dc Capt. James Carterett are ac(piainted w*" all 
o"" Resoluccons, who this Day repaires from hencti to his 
own Government to settle all Things in Order to y" bring- 
ing those Yillaines to condigne Punishm^ hee is very hearty 
it Zealous in that aifaire ; c^^ I am assured wee may depend 
on a handsome A: considerable Supply 6: Assistance from 
him ; I charge you lett mee heare from you on all iramer- 
gent Occasions, and bethinks yo'selfes of y*" prosecuting of 



76 NEW JERSEY COLONIAL DOCUMENTS. [1671 

a warr, and therefore make y* best preparacons in Order to 
it • If a 2;ood Worke were tlirowne about Matin icock 
House, and that strengthened w'" a considerable Guard, 
It would be an admirable Frontier ; and from thence wee 
might proceed to an execucon when all Things are in ready- 
ness there unto. I am sorry to hear Capt. Carr is soe ill 
as you relate him ; I hope hee may in some reasonable time 
recover strength enough to follow this xYffaire ; w*^'* if at 
this time I had not soe many different and considerable 
Affaires to Dispatch, you should not have receiv'd a Letter 
from mee, but my own person. 

I have nothing more at p''sent to Add but to assure you 

that I am 

Yo"" very Affectionate Friend 

Fkan. Lovelace 



Couiic'd 3£in>ite — The Indian Murders at M<dink'onck 
Island, Delaware. 

IFioin "New York Colonial Documents," Vol. XII., i). •ISfi.] 

At a Councell held by Mutuall Agreement at 
Elizabeth Towne in Kew Jersey by y^ Governo'" of 
his Royall Highness Territoryes & y^ Governo' 
under the Lords Proprietors of the Province of 
New Jersey y^ 7'*' day of November in y*^ 28'^^ yeare 
of his Ma""' Reigne Annoque Domini 167L 

Pres* — Governo'" Lovelace 
Gov. Carterett 
M'" Steenwyck 
M'' Tho: Lovelace • 
Capt. Berry 
M'^ De La Praire * 
M'' Pardon 
M"" Nicolls " 

1 The name by which Robert Vauquillin, Surveyor General of East Jersey, was 
sometimes designated. Ed. 



IGTll liCDlAN MURDERS ON THE DELAWARE. T7 

Vpoii serious and mature Consideration of what hath 
been returned by the Officers of Delaware in Answer to 
the bite Ord" sent thither, concerning tlie Barbarons Mur- 
der committed by some Indyans on the East side of that 
Kiver upon two Christians at Matiniconck Island, It is 
resolvad and Conclude'd upon as follows : 

Inp'"** That this present Season of y'' yeare is not a iittiiig 
time to Commence a Warr with y'^ Indyans, who shall take 
part with the murderers, as well for the Reasons given in 
Writing from y*" Offic'' at Delaware as for other Causes 
debated in Councell ; soe that the p''sent intended Expedition 
thither is deferred untill a more convenient Opportunity. 

2 That in the nieane time all Endeavo" bee used by 
persons in Authority in Delaware to have the Murder'* 
brought in either dead or alive; ffor the accomplishing 
whereof, if any Reward shall bee proposed or promised by 
the s** Offic'' for the bringing them in, the same shall be 
punctually made good. And for that may soe happen 
that the Malefacto"" by some Strategem or otherwise may 
be taken alive, a Commission shall forthwith be granted 
by his Royall Highness (Toverno"" & herew"' sent empow- 
ering and Authorizing the Offic""' and Magistrates, who 
shall therein l)ee named, to bring them to Condign Pun- 
ishment by putting y^ said Murder"'^ to Death in the most 
Publick and shameful manner that may bee, soe to strike 
a terrour & Consternation in the rest of y^ Indyans, who 
shall see or heare of the same. 

3 Whereas some Resolutions & Ord'' have been lately 
made at Delaware of their Intentions to retire into Townes 
for their better safety and security against the Indyans in 
case of a Warre, y*^ said Resolutions are very well approved 
of ; And it is Ordered, That at their best A: soonest Con- 
venience they bee put in Execution accordingly. 

■1 The like Resolucon proposed as to Matinicock, It 
being a ffrontier Place, it is also allowed and approved of ; 
& shall bee done at the first Convenient time & season. 

5 It is also Ordered, That the Inhabitants at New- 



78 NEW JKRREY COT.ONIAT- DOOl'MENTii. [1^)71 

Castle & parts adjacent upon Delaware River bee digested 
into several! Companyes as y^ Townes and nnmber of Men 
will permitt ; & npon retnrne of the Names of the Officers, 
that shall be chosen amongst them to have the Command 
of snch Companyes they shall have Commissions for their 
respective Employments nnder his Ma"''** Obedience. In 
the meane time those Officers, that shall bee chosen, are to 
Act & proceed w"' Allowance, till they bee confirmed. 

6 That every Pei-son that can bear Arms from 16 to (\0 
years of Age, bee allways provided with a Convenient pro- 
portion of Powder A: Bnllett fitt for Service, and their 
mntnal Defence, npon a penalty for their neglect herein t<» 
be imposed by the Commission Officers in Command accord- 
ing to Law. 

7 That y*" qnantity or proportion of Powder tt Shott 
to bee adjudged competent for each person bee at least one 
pound of Powd'' & two ponnd of Bnllett. And if the 
Inhabitants on the River shall not bee found sufficiently 
provided w^^ for Armes, his Royall Highness Governo"' is 
willing to furnish them out of the Magazine or Stores, they 
being accomptable & paying for what they shall receive 
to the Governour on his Ordre. 

8 That the Places, where the Towne-ships upon y^ 
River shall bee kept, bee appointed iSz Agreed npon by the 
Schout, Commissaryes and the rest of y^ Offic*^ there 
according to their Proposal! sent, as also where the Block- 
Houses & Places of Defence shall bee erected as well in the 
Towne as in the River. 

9 That all former Prohibitions of selling Powder <S: 
Ammunition to the Indyaiis under what penalty soever be 
suspended or left to the discretion of the Officers, as they 
shall see Occasion untill further Order. 

10 That noe Corne or Provisions bee transported out 
of Delaware, unless that which is already on board or 
intended to bee shipt in y*' Sloope of Thomas Lewis (now 
in that River) for y^ w'^" hee shall have a special License 
or Permitt, until further Order. 



16' 



GOV. t.OVELxVCE TO f'ATT. CAllR. 



79 



11 That y^ Offic'"' & Magistrates at Delaware bee hereby 
Empowered & Authorized to treat with the Neighbour 
ludyans of the Susquehanas or otliers to joyue together 
agaiust y*" Murder'" & suel\ as sliall harbour them or take 
their j)art, if Occasion shall require, ct to promise them 
such Reward as they shall think fitt. Provided it bee done 
with great Privacy & Caution, soe that noe sudden 
Jealousy bee given to the Persons intended to bee prose- 
cuted or their Confederates. 

12 And Lastly that the afore-recited Officers t^' Magis- 
trates upon all emergent Occasions doe take Care by all 
Meanes, that shall present, as well as by Expresses, to give 
an Acco^ hither of what from time to time shall happen 
there in relation to this matter, w*='' said Expresses & Mes- 
seno-ers shall be well and duelv satisfved for their paines 
and ti'oubles. 



Letti'i' from Gorcriior Lovelace to Capia'in Vdi'i' nt JSe\V)- 

Castle. 

I From " New York Colonial Docuuieuts,' Vol. XII., p. 48i^.l 

Lre from y*" (ioverno'" to Capt. Carr at Delaware, Dated 

Noveml/ V»"' Km 1 
Capt. Carr 

The backwardness of y*^ Inhabitants in Delaware has 
putt a stop to y'' forwardness of those in New Jersey, who 
were ready w"' a handsome Party to have stept in y^ AVorke 
to bring y^ Murderers to condigne punishm*. And truely 
I was much ashamed to see such an Infant Plantacon to 
outstrip us, who should have been rather an Example, to 
others than to follow them ; especially having y^^ Counte- 
nance of a Carryson to Boote, and yon y'' j)rincipall Officer ! 
What Acc^ I shall give to his Royall Highness of this 
remissness I know not, other, but to lay y^ blame where it 
justly is due; ifor, you to receive y^ Dukes pay constantly, 
and y*^ appearance of Souldyers, and to lett y'^ Forte runn 
so miserably to Decay, and not employing them in y*" repa- 



BO NEW JERSEY COLONIAL DOCUMENTS. [1671 

racons, when tliey did noe Duty is but just or perfect Rent 
Charge to y*" Duke, tfor it is not reasonable that his R: H^ 
should bee at that Charge, only to allow yon a Sallary and 
Souldyers, and no ffruits appeare of their Labour and 
Industry ; Tis otherwise soe at Albany, w*'*' Garryson in no 
respect exceeds yo'', and yett Salisbury w**' his Men have 
made shift to retbrtify that place very secure ; Besides 
y® Inhabitants not so much as digested into any Military 
fforme, nor halfe of them armed, though you have had 
annually Monito'"' of y*" Murthers committed on yo*" Inhabi- 
tants : Believe me, This remissness will one day be called 
upon ; and how you will Answer it, you best know, though 
I feare. 

What hath now been concluded on will be brought to 
you by Peter Aldrick, to w** expect a punctuall Comply- 
ance at yo'" perrill. I intend early in y^ Spring to be w*^*" 
you, by w'^'' time I hope you will contrive it soe, that y* 
Murderers may be brought in dead or alive, and likewise 
y*' former Murtherers of the Woman and Children at y** 
Parde Hooke ; Something must be done considerably^ to 
wipe off that stayne of yo'' Remissness, or I cannot now 
determine what penaltyes may ensue ; I have both for- 
merly and now Transmitted all y'' Insolency of y^ Indyans 
to his R: H* whose answ"" I expect, till when I say noe more 
on that subject, I am. 
Fort James 10"' November To'' Loveing Friend 

1671 Fr: Lovelace 

My Love to all o*" Friends. 



Proeced'uKjs at a Sjx^rud Court h<l(l at Eti~((ldJitoum, 
Ft'hi'uai'ij and Mai'ch, 1672. 

[From Record in Secretary of State's Office, Trenton, Liber 3, page 78.1 

Record of Proceedings at a Speciall Court by commission 
from the Hon. Philip Carteret Esi^'" Governor of the prov- 
ince of New Jersey February 'IT"^ 1671. [1671-2.] 



1672] SPECIAL COURT AT ELIZABETHTOWN. 81 

The Court being satt, the commission read, jury called, 
after some debate, the court adjourned till February 28 
following at tenn oVlock in the morning. 

Feb. 28, 1672. [1671-2.] 
The Court sit again, the commission read as followeth : 
Whereas complaint hath been made to me of wrongs 
and injuries done by several persons within this province to 
the great anoyance and disturbance of the Peace, and Con- 
trary to the laws and good order which ought to be amongst 
men, I have thought fit and necessary with the consent 
and approbation of the Generall Assembly held in this 
towne for the Province of New Jersey the 11*.^ day' of De- 
cember last past, by this my special Commission of Oyer 
and terminer, to nominate, constitute, authorize and appoint 
you Cap' John Berry one of ni}'^ Council, President of the 
Court for this terme, Mr Bobcrt Vau(pielin, Mr Samuell 
Edsall, M"" Robert Bond, Cap^ John Pyke, Cap!^ Robert 
Treat & Mv William Pardon or any three of you, to be a 
court to meet together and sit upon Tuesday morning the 
seaven and twentieth day of this instant February at nyne 
of the Clock at the towne house in Elizabethtowne, within 
this province, then and there to call before you, all such 
person or persons wliether plaintiff or defendant, or any 
person or persons whatsoever, against whom Complaint shall 
be made or Charge laid in matter of cryme and fact and 
them to hear either in person or by their atturney or attur- 
nies, the cause or causes pleaded, and to determine and pass 
sentence upon the same according to law and justice, and it to 
put in execution accordingly and if need be, to make choice 
of a President amongst yourselves ; and if you see cause, to 
adjourn to another day for the doing whereof this shall bo 
to you and every of you a sufhcient warrant. And all jier- 
sons are hereby required in His Majestys name, to give you 
the due respect and observance of a Si3ecial Court, consti- 
tuted by the authority of the Lords Proprietors of this 
province and to be ayding and assisting to you in the prose- 



82 NEW JERSEY COLONIAL DOCUMENTS. [1672 

ciition of this my commission of Oyer & Terminer as need 

shall require. 

Given under my hand and seal of the province 
at Elizabethtowne this tenth day of February 
^^' ^'J in the year of our Lord, one thousand six hun- 

dred and seventy one 
By the Governors Order Ph. Carteret 

William Pardon, Dep. Sec?' 

Jury Sworn 

Mr Jonathan Dunham, (foreman) Mr Samuel Hale Mr Wm Douglass 
M^ John Bishop Sen^ Mr John Blumfield, Mr Glaus Jansen Pummerent 
Mr John Martyn Senr Cap! Caspar Stenmitts Mr Hans Diederick 
Mr Isaak Tappan Mr Laiirence Anders Mr Samuel Dennis 

The names of persons summoned and indicted for pulling 
down Kichard Michells fence. 

William Meaker, Jeffery Jones, Luke Wattson, Nicholas 
Carter, Samuel Mash SenT, John Ogden Jun', Joseph 
Meaker, Hurr Tompson. 

Feb. 28, 167L 
The Court adjourned their sitting to the eight day of 
March following, and all persons by proclamation then to 
appear by virtue of their former summons. 

March 8, 1671. 

The Court being satt, proclamation made. Oyes ifec all 
manner of persons &c. The Commissioners present that day 
Cap!- John Berry President, M"" Samuel Edsall Ml" Kobert 
Bond (Mt Kobert Treat was absent) Cap* John Pyke, Mr 
William Pardon. 

The jury personally appeared and answered to their names 
and the persons indicted viz : W" Meaker, Jeffery Jones, 
Luke Wattson, Nicholas Carter, Samuel Mash Sen!" John 
Ogden JunT Joseph Meaker, Hurr Tompson. 

The indictment was read as followeth, 

William Meaker You are here indicted in the behalf 
of our soveraigne Lord the King Charles the Second, by the 



1672] 



SPECIAL COURT AT ELIZABETHToWN. 



83 



name of William Meaker for that you lu.t having regard 
unto nor observance of his said Majesty s laws, did upon the 
twentieth day of June last past with severall other persons 
not less regarding the violation of the good and wholesome 
laws of our Soveraigne Lord the King, by name Jetfery 
Jones, Luke Wattson, Nicholas Carter, Samuel Mash Sr. 
John Ogden Jun"" Joseph Meaker, llurr Tompson, all of the 
town & province abovesaid, unlawfully assemble together 
in a Hout and Eiotusly did intend, go about, practice & put 
in use, to overthrow, cut breake, cast down or digg up, 
a considerable quantity of fence belonging to Eichard 
Michell, with intent that the land lying at the rear of the 
house lot of Francis Barber and George Pack & others, 
then in the possession and occupation of the abovenamed 
liichard Michell, should remain open, all which is contrary 
to the law, and a breach of the King's peace. 

AVhat say you to this charge i x\re you guilty or not 
guilty 'i 

The persons above named indicted appeared in Court, 
and the indictment read to them, departed without enter- 
ing their plea though commanded to attend the Court : 
And M': Samuel Moore Atturney in the Kings behalfe 
made his plea and evidences taken in court. 

The plaintiff for plea saitli. 

Finf. That none shall enter into any lands in the pos- 
session of another person, but whose entry is given by law, 
and then in a mild and peaceable manner; but here was an 
entry made by the persons indicted, without any due pro- 
cess in law and in a violent manner. 

Scro/ulh/. If three or more do meet together, to do an 
unlawful act against the peace, or to do an unlawful thing 
in an unlawful manner, and being met do goe forward in a 
turbulent manner to effect what they met for and at last 
doe finish their work, this is a riotous act. 

But the persons here indicted, did meet together June 
20'^^ 1671. on purpose to pull down Eichard Michells fence, 
and being met, did goe forward and did throw it down to 



84 NEW JERSEY COLONIAL DOCUMENTS. [1672 

the ground, and layed the land open, with intent it should 

soe remain as it appears to this day ; therefore we say, that 

these delinquents thus meeting, proceeding and acting in 

an illegal manner to doe an unlawful thing is a very great 

breach of the Kings peace and by law adjudged to be a 

riott. 

Evidences. 

The evidence of George Pack of Elizabethtown in and 
about the business of Richard Michell fence and houseing 
being thrown down by several persons, and also the evi- 
dence of Richard Michell taken Feb. 1, 1671, and by them 
Sworn to in this court as followeth : 

That the last Summer, he having agreed with Richard 
Michell upon terms about the planting a peice of land of 
his, for a crop of tol>acco, which land was fenced in for a 
crop and that a meeting for our Syde was at Goodman 
Carters, where they warned me not to j} itch any plow in it, 
whereby I was disappointed of my cropp. and William 
Letts upon the same account, for I had left him one half of 
the same piece of ground for to pitch a crop of tobacco, 
wherein we were both disappointed. Upon that it rested 
till the town meeting when it was concluded that Richard 
Michell should not have this land, because he never asked 
the towne for it, as they said and concluded to take this 
piece of land from him again, because it was not a full vote 
of the towne, that he the said Richard Michell had it. 
Tlie next morning after the said town meeting, the said 
Richard Michell came to my house, and I went with him 
np to the said lott, and going up, came to AVilliam Letts 
his house and lighted our pypes, and when we had lighted 
our pypes, people came upon the said ground, Goodman 
Meaker, the young John Ogden Jeifery Jones and Nicholas 
Carter, and we coming down to them at the corner of the 
said lott, the said Richard Michell forewarned them of 
pulling down the said fence and spake to them of a riott, 
upon that Goodman Meaker, put to it and began to pluck 
down the fence, and then all the rest did the like, and left 



1672] SPECIAL COURT AT ELIZABETHTOWJT. 8 J 

not oft" till they had plucked down one side and one end, 
and more he at present saith not. 
AViLLiAM Letts testifieth and saith. 

Tliat at the same time when Richard Michell and George 
Pack came to my house and lighted their pipes, I followed 
them down to Richard Michells lott, and when I came 
down following the said Richard Michell and George Pack, 
Goodman Meaker of this towne and his sonn and John 
( )gden the younger and the old Mash of this towne and 
Jetfery Jones and Luke Watson and one of Goodman 
Tompson's sonnes went and pluckt Richard Michells fence 
down, and more at present saith not concerning these per- 
sons. And awile after, being at my own liouse, there came 
in Robert Moss and M*" Crayne of this towne, who asked for 
drink and I having none they went away presently, and 
presently after they were gone, I heard a noi/se and looked 
out and saw the said Robert Moss and M' Crayne beating 
down the Claboards of Richard Michells house, and plucked 
up the pallasades of the garden, and before I came, the 
lioggs, within an hours tyme had rooted np and Spoiled all 
that was in the garden, which was full of necessary garden 
herbs. 

Vincent Runton testifieth and saith. 
That in June last he saw several persons of the towne 
viz, Goodman Meaker of this towne and his eldest sonn and 
one of M!:Tompsons sonns M' Ogdens sonn John and Jeffery 
Jones & Goodman Carter and Luke Wattson and the old 
Mash upon Richard Michells lot pulling down the fence, 
and while they were so doing M'' Pardon Came in. then 
they asked him whether he were come to help pull down 
the fence. And M' Pardon answered that he did not come 
to help pull down the fence, but to take notice what you 
do. Then said John Ogden, we do not eair if a hundred 
such fellows as you are, do take notice of what we do. 
And M' Pardon answered you speak very sausily, and that 
Luke Watson, did not put his hand as I saw, to pull down 
the fence, but said if I am in place its as good, but after 



80 NEW JERSEY COLONIAL DOCUMENTS. [16T2 

Mr Pardon Came, tlien he heaved one logg off from the 
fence, and said you shall not say but I will put my hands 
to it, and more he saith not. 

William Cramer evidenceth and saith. 

that he Knoweth that the abovesaid George Pack and 
William Letts had their plants in readiness for tlie planting 
the said ground, as he did understand by the said George 
Pack & AVilliam Letts, the plants being upon the same 
ground and ready to sett. 

Rkjhard Miohell being sworn testifieth and saith. 

That William Meaker and his soim Joseph Meaker and 
John Ogden Jun'." and ITurr Thompson were upon his lott 
and pulled down a great part of- his fence, then afterwards 
came Luke Wattson, Nicholas Carter, Jeffery Jones & 
Samuel Mash SenT and all of them did put their liands to 
pull down the fence. The deponent says that he did fore- 
warn them not to pull down the fence ; and William 
Meaker answered, do you warn us^ and with that went to 
pull it down, then the deponent went away. 

William Pardon being sworn saith, 

That on the 19*^ June lOYl. he was at a meeting of 
severall inhabitants of this towne, who were met together 
at the towne house and resolved to pull down Richard 
Michells fence, and the next morning, went to the said 
ground and saw William Meaker Jeffery Jones, Luke Wat- 
son Nicholas Carter, Samuel Mash SenT John Ogden Jun!" 
Joseph Meaker and Hurr Tompson pull down the fence of 
Richard Michells lott. 

Certificate of the Towne record 
June 19. 1671. It was agreed by the Major vote that 
Richard Michell should not injoy his lot given him by the 
governor. Upon information June 19. 1671. it was agreed 
that there should some go the next morning and pull up 
Richard Michell's fence. A Coppie of the towne record by 
me. IsAK Whitehead Clark 

The matter was left to the juiy, who went together and 



1072] SPECIAL COT^T AT ELIZABETHTOWN. 87 

the same day at night, the jury brought in their verdict to 
tlie president sealed up ; and March the 9'.'' following deliv- 
ered it into the Court by Jonathan Dunham foreman, and 
find the eight persons indicted, guilty of a riot, Signed by 
Jonathan Dunham foreman as followeth. 

March S'^" 1671. 

Att a Court liolden at Elizabethtowne in the province of 
New Jersey in a case depending between our Soveraigne 
Lord the King and eight persons in the indictment of riot 
specified viz William Meaker, Jeffery Jones Luke Watson 
Nicholas Carter Samuel Mash SenT John Ogden Jun' 
Joseph Meaker, Hur Tompson the jury finds the abovesaid 
eight persons, and every one of them guilty of a riott, and 
upon due deliberate consideration return this verdict to the 
Court. Jonathan Dunham in the name and with the 

Consent of the jury. 

The Court accepteth the verdict. 

Proclamation made, the court adjourned, and all persons 
concerned to attend further order. 

The same day was issued a warrant of summons to the 
Marshall to summon the persons above named viz William 
Meaker and the rest indicted to make their personal ap- 
pearance forthwith before the Court, to hear the result of 
the court concerning the said riott, whicli is found against 
them, 

March 9"> 1071 

The Court having sumoned the eight indicted persons 
above named viz: W? Meaker, Jeifery Jones, Luke Watt- 
son Nicholas Carter, Samuel Mash SenT John Ogden Jun^ 
Joseph Meaker ik Hurr Tompson, found guilty by the ver- 
dict of the jury, and they appearing, the court do assess 
William Meaker to pay five pounds and the other seaven 
persons to pay three pounds each man to the use of His 
Majesty, and that the Marshall of the court do distrain the 
said severall sums upon the goods and chattels of the said 
several persons, and the same bring to sale, and return the 
overplus to the owners. 



S8 ifEXV J JERSEY COLONIAL noctMENTS. [1672 



Confirmation of Certain Privileges to MieMletmtm and 
Shreimhury.^ 

[Fi-om "Grants and Concessions/' p. 663; " East Jersey Records," Liber 3, p. 53.) 

Governor Carteret to the Patentees of Middletown 
AND Shrewsbury. 

New Jersey May W> 1672 ^ 
Upon the address of James Grover^ John Bovme, liich- 
ard Ilartshorne^ Jonathan Holmes, Pattentees, and James 
Ashton, and John llause, Associates, impowered by the 
Patentees and Associates of the Towns of lliddlHo'inn and 
Shreivsbury, nnto the Governor and Council for Confirma- 
tion of certain Priviledges granted unto them by Coh 
Hi chard JVuvlls, as by Patent under his Hand and Seal 
bearing Date the S^^ Day of Aj^rU, Anno Domini, One 
Thousand six ./land red Sixty five, the Governor and Coun- 
cil do confirm unto the said Patentees and Associates, these 
Particulars following, being their Rights, contained in the 
aforesaid Patent, viz 

Imprimis Tliat the said Patentees, and Associates, have 
full Power, License and Authority to dispose of the said 
Lands expressed in the said Patent, as to them shall seem 
meet 

II That no Ministerial Power or Clergyman shall be 
imposed on among the Inhabitants of the said Land, so as 
to inforce any that are contrary minded to contribute to 
their maintenance. 

1 These towns were not represented in the disorganizing assemblies of 1671 and 
1672, and for their faithfulness to the Proprietors, and having surrendered their 
claims under the Nicolls' grant, received this recognition of their rights in return, 
in anticipation of the general instrument given by Sir George Carteret on the 21st of 
July, 1674. See " Grants and Concessions," p. 50, and " East Jersey Under the Pro- 
prietary Governments," 2d Edit., p. 82, note. Ei). 

2 The "East Jersey Records " have the date at ihe foot, prefaced with "Bergen 
Jurisdiction in the Province of New Jersey," and the names read as follows : "James 
Grover, John Bowne, Jonathan Holmes, Richard Hartshome, John Hause and James 
Ashton Impowered ic.," no difference being made between " Patentees " and " Asso- 
ciates." Ed. 



1C72] I^ROTESt AftAmst .TAMEf^ CARTERET. 80 

III That all Causes whatsoever, (Criminals excepted) 
shall first have a hearing within their Cognizance, and that 
no appeals unto higher Courts where Sentence have been 
])assed amongst them under the Value of Ten Pound n be 
admitted. 

lY That all Criminals and Appeals above the Value of 
Ten Po}()idft^ which are to be refered unto the aforesaid 
hififher Courts, sliall receive their Determination tliere : 
A)>peals to his Majesty, not to be liindered. 

V That for all Commission Officers both Civil and 
Military ; the Patentees, Associates and Freeholders, have 
Liberty to present two for each Office to the Governor 
whom they shall think tit, one of which tlie Governor is to 
Commissionate to execute the said Office, and that they 
have Liberty to make peculiar prudential Laws and Con- 
stitutions amongst themselves according to the Tenor of 
the said Patent Ph. Carteret 

John Berky Lawrence Andress 

Samuel Edsall John Pike 

John Bishop 



Declaration and Protestation of the Governor and Coancil 
Against James Carteret. 

[From "East Jersey Records," Liber 3., p. 53.1 

A Declaration & Protestation of the Hon'*''' Phillip Car- 
teret Esq^ GovernT of the Province of New Jersey & his 
Councill, unto all the Inhabitants in the Several Townes 
and Plantations in the Province abovesaid as followeth. 

Whereas, We are certainly Informed of several Eregular 
& Illegal proceedings it Actions of several Persons styling 
themselves The Deputies or Representatives for the Coun- 
try, in Attempting the making an Alteration in this Gov- 
ernment by Assembling together at Elizabeth Towne, the 



90 NEW JERSEY COLONIAL BOCrMENTS. [1672 

fourteenth day of May Last under the Denomination afore- 
said, without writts from the Governo!" or without the 
knowledge approbation or Consent of tlie Governor and 
Council! abovesaid, & by Electing a President for the 
Country and making Proclamation publickly of these their 
Illegal Actions All which tends only to Muteny and Eebel- 
lion and to the Disquitement of the Peaceable Inhabitants 
of this Province, and is altogether C-ontrary to the Consti- 
tution of the Government and the Interest of the Lords 
Proprietors which we are by o*" oathes bound to maintain 
to the utmost of our Power, according to our best Skill & 
Judgment. We therefore in his Majestys Name do strictly 
charge and Command all and every person or persons, that 
hath had any hand in these Illegal Actings, imediately 
upon Publication hei-eof to desist from all such Illegal 
proceedings and to yield due obedience unto the Govern- 
ment of the Lords Proprieters and their Governor Phillip 
Carterett Esq'.' (who is by them commissionated for that 
service) and his Councill untill the Lords Pleasure is to 
Commissionate some other person for that purpose and the 
same be Legally Published, which if they shall readily doe 
The Governor and Councill will as readily pass by the 
faults by them Committed Judging that they have been 
misled by 111 Advice And that the Chief Actors in these 
Illegall procedings viz' those who call themselves Deputies 
for Elizabeth Towne Newark, Woodbridge, New Piscata- 
way and one from Bergen, doe within ten days after Publi- 
cation hereof Come and Declare their submission unto the 
Governor S: Governm^ as abovesaid in writing under their 
liands, upon which their submission so declared, We The 
Governor and Councill doe hereby Promise and Engage 
tliat their Illegall Actions as touching the Premisses 
before Publication hereof shall be buried in Oblivion, but 
if they the said Persons shall still persist in such kind of 
Illegall Actions or not declare tiieir Submission as is above 
Expressed, they shall be proceeded against as Mutineers & 
as Enemies to the Government Peace and Welfare of this 



1C72] 1>U(1TEST AOATNST .TAMES CARTERET. 01 

Province, and we do further declare that o' hearty desires 
ire that these Breaches may be peaceably liealed and tliat 
;vc may all Live in Peace Love and Amity each with others, 
ill persons conscienciously observing the respective Duties 
n their Several Stations & Kelations, But if these o*" 
lesires doe unhappily Fail us of o"" hoped Expectation, We 
loe hereby Declare and Protest against all such Illegall 
Actions, i^ must A: shall in faithfulness to the trust reposed 
In us and discharge of o'' oaths put in Execution that Power 
md Autliority that we have from the Lords Proprietors 
ii])on all persons that shall obstinately persist in any such 
Mutinuous Actions or Attempt & if by this means there 
should be any blood shed We do hereby Cleer our Selves 
before God ct Man from the Guilt thereof. It is the Gov- 
Brnor & Councills pleasure that the Declaration be Pub- 
lished by the Constable of each respective Towne within 
this Province'at a full Town meeting, & the Same to keep 
in his Custody & Let any Person or Persons have Copies 
thereof Dated in Bergen Jurisdiction this 28"' May 1672. 

Phillip Carteret. 

Robert Vauquellin Samuel Edsall 

John Bishop John Berry 

Lawrence Andres W*' Pardon 
John Pyke 



Ldh'r fi'Ohh the Cmmeil to Governor Carteret. 

[From "East Jersey Records," Vol. II., Liber 3, p. :>!.] 

To the Honof Phillip Carteret Escf Governor of 
the Province of New Jnrsey June 15^?^ 1(^72 

Hon" Governo'', Wee underwritten in the C'ai)acity of 
Councillors to your Ilonnr. having taken into our Serious 
considerations the many Complaints of the Inhabitants of 
this Province which daily Sounds in our Eares besides 
what we have Seen with onr Eyes Concerning the Strange 
and Iregular proceedings of Cap.^ James Carteret and Sev- 



^^ KteW JftRSEV COLONIAT. BOCUMEKTS. [1672 

erall other persons pretending to Act as Deputies for the 
Country Wee Judge we are by all obligations and duty 
sworne to use our interest Care and Endeavour both by 
Our Advice to your Hon!", or any other ways prevent the 
Mischief feared and to redress what is already Illegally 
Acted. And altho to Sum persons it may Seeme no hard 
task to bring order out of this Confusion yet upon delib- 
erate Consideration We finding no means to regulate these 
disorders without the Administration of Justice as well 
upon a person so Near related to one of y^ Hon"'® Lords 
Proprietors as otliers, whose Honn** reputation and Interest 
together with the Peace of the Publick we had rather pre- 
serve with the Adventure of our Lives & Estate (m^ucIi in 
this Juncture we hazard) then make use of such Adminis- 
tration and so bring a blot and Stayn on that Family ; onr 
humble request therefore is to your Honn*" that you would 
be pleased to Order your Aifairs here so as that you may 
in your owne person Repair to England to Sir George Car- 
teret to Acquaint his Honn'' fully of the State of the 
Affaires & Greivances of this Province, which we hope 
will produce his Commands upon his Son to desist fVom 
Such Iregularities & Ord"" him to proceed with other per- 
sons Concerned therein So Praying God to Direct you we 
take Leave and remaine 

Yo"" Hon"".' Humble Serv^' 
William Pardon Lawrence Andres 

John Berry Robert Yauquillin 

Samuel Edsall John Bishop 

John Pyke 



Order Prohih'tt'iny the Kxerche of any Authortty in Ber- 
gen 'not SemetiMied hy the Gemeriurr. 

I Prom "East Jersey Recorde," Liber 3, p. 54. | 

New Jarsey 17: June, 1672— 

These are in his Maj"f* name to Will & require you that 
in case anie Writt or Writts should be sett up or otherwise 



1672] COMMISSION OF SAMUEL MOOKE. 93 

published within the Towne tfe Corporation of Bergen by 
or under anie otlier Autlioritty tlien niyselfe as yo"" (lover- 
no^ that neither you nor anie other person within yor Juris- 
diction yield anie obedience thereunto. But that yo" forth- 
with pull downe all or anie such Writt or Writts or other 
Writeingsso published and cause the same forthwith to be 
conveyd unto niee, as you will answer the contempt of 
this my especiall Warrant, (liven under my hand and 
Scale the day and yeare above written. 

[Ph. Carteret.] 



Coininisslon of Sninud Moore, from the Council of East 
Jersey, to liepremnt them in Eniflaml. 

[From ''East Jersey Recortl8,i' Liber 3 of Deeds, p. 121. J 

Mr Samuel Moore, 

Haveing comitted the Management of o"" Complaints and 
Adresses to ye Lords proprietors about ye Emergent and 
Waighty affaires of this provience unto o*" horn*^' Governo'" 
Phillip Carteret Esql' Wee under subscribed Doe order you 
according to the trust rej^osed in you to bee ayding and 
assisting to ye sd Governo'" in y*^ managem^ & speedy dis- 
patch of the premisses to the utmost of yo"" Capacity and 
power and in case of death sickness or any other thing that 
may prevent o"" Governo'' Acting Effectually herein, our 
order is that you Imediately with as much speed as may be 
make yo"" Adress unto the Lords proj^rietors of this Prov- 
ince for their speedy and Eft'ectuall settlement of ye 
public affaires of the same, soe as to prevent the outrage 
of ill affected p^'sons w*'.'' tend only to unsettlement <fe 
liuine, and to assure y^ honest and well affected Inhabit- 
ants of their Lives Liberties and Estates w*"out Molestation 
or Interruption by violent and Irregular Means. The faith- 
full p''formance whereof will much oblige yo"" friends and 
fellow sufferers in these public Distractions, Dated Kesv 



i 



94 NEW JERSEY COLONIAL DOCUMENTS. [1672 

Jersey July the first 1672 and signed by. John Berry, 
John Pike, Samuell Edsall, Jolin Bisliop Robert Van- 
(j^uellin, Williana Pardon & Lawrence Andrissen. 



Addnif'S <>f t/iv (\>u)i<-'il to 1/to Lordf< Pr(>2>t'uiors. 

I From " Ea.st Jersey Kecords," Liber 3, p. 55.] 

To the Right Hon^'^ John Lord Berkley Baron of 
Stratton & Sir George Carteret Kniglit and Baronet the 
absohite Lords Proprietors of the Province of New Cesarea 
or New Jersey. The A<hh'('s.s of us whose names are sub- 
scribed being of the Councill of your Hon'''* Governor 
here — 

Humbly shewetil Tiiat whereas Several persons in 
this Province wlio liave a Long time been discontented & 
Oposit iinto the Governor & Government wlio have of 
Late by their plottings & Combinations so Carried mat- 
ters that they have had such Lifluence into the Election of 
Deputies for the Assembly s as that there are such persons 
chosen as Deputies who having avoided taking the Oath 
of Assemblymen according to the Concessions, & have 
taken Liberty to differ from the Governor and Councill in 
Establishing matters for the Peace and Settlement of the 
People, and have now At last disorderly Assembled and 
procured Cap^ James Carterett as their President, who 
Joyned with them in making disturbance in this Province, 
he taking upon him to head the said persons endeavouring 
not only to disingage the i)eople subjection unto, but also 
opposing and abusing the Governor cfe Councill, command- 
ing their Obedience to himself by virtue of his Warrants 
which he ])uts forth in the King's Name for that end, & 
also Prohibiting such Olficers as act by the Governo'' Com- 
mission, and Commanding them wholy to cease acting in 
their offices untill they receive orders from himself ; and 
unto such a hight hath he proceeded, that he hath Impris- 
oned Several persons, in p'ticular the Deputy Secretary, 



1672J ADDKESS OF COUNCIL TO THE PKOPRIETORS. 95 

for Executing liis Office, who having by the Governor's 
oi-der made an Escape out of liis hands, we understand 
tliey have seized his goods, and the Like we Expect daily 
will be the Condition of all others that will not concurr 
with his Illegall proceedings, he giving forth Continual 
threateivings against those that doe not obey his orders and 
having persons adhering to him that probably will be ready 
to Execute his Will so as they may have the Plundering 
of o'"" Estates, and all these proceedings be carried on with 
pretence that he hath Power sufficient he being Sir George 
Carterett's Sonn and that he himself is Proprietor and can 
put out the Governor as hee pleases and that his Father 
hath given him his part of the Province ; although he doth 
not shew any grant or Commission or Legal Power to doe 
any such thing, but saith he Scorneth to Shew his Power 
to such fellowes as wee, neither need he so do do being on 
his own Land. And as for the Lord Berkley's part he 
saith that is but a small matter ; so that pretending him- 
self to be Proprietor his jDroceedings gives the greater 
hopes to his followers, and Consequently are tlie more 
dangerous as to your Ilonnour's Literest and the Inhabitants 
peace and safety, both in respect of Liberty and Estate, if 
not Life also, according as their Outrage may prevail : and 
those that doe not submit & yield Obedience to his Orders 
and Commands but doe appeare to be faithfull to your 
Honnours Interest and Government because of their Oath 
they have taken, they are in Continual Danger of being 
surprised and imprisoned by him ; all which Actings of his 
do Evidently tend to the ruin of The Province as to your 
Honno" Interest for either we must comply with him and 
his followers and their proceedings, who aim to get all into 
their own hands, or Else we must remove out of the 
Province, Except he doth prevent us by Casting us into 
Prison ; and although hee be Sir George Carteretts Sonn, 
vfe for his Father's sake we Honnour him accordingly, 
yet our OAvne reason doth persuade us to believe that his 
jjoj^hie father will never Countenance his son in such dis- 



96 NEW JERSEY COLONIAL DOCUMENTS. [1672 

honrable unjust ife Violent proceedings, which tends to 
nothing but ruin ; The Consideration whereof doth neces- 
sitate & inibolden us to Crave your Honor" speedily to 
Contrive a sutable and Effectual means For the sujipres- 
sion of these Illegall and violent proceedings (the particul- 
lars whreof we leave to the Governor's Kellation) which 
tends so much to the Damage both oi'y^ Ilon^ and y^ faith- 
full Inhabitants, & preventing them and others p'gressing 
in the settlement of the Province, Least the delay of 
Speedy remedy produce such sad Effects here as the Like 
Proceedings formerly did in the Lord Baltimore's Govern* 
ment in Maryland ; one way to prevent which, the Governor 
with our advice hath resolved formally to wait uj)on your 
Honn'® thereby to Endeavour the Curing this wound by 
speedy Medicine which delay ma}' Cause to Gangrene, and 
to leave Cap' John Berry his Deputy to officiate in his 
Absence. — And furthermore if it may please your Ilonn" 
to Favour us so far as that we may suggest unto your 
Honnours a word or two which tendeth to remove an 
Impediment as unto those that desire to Come to Settle in 
this Province, and also save Discouragements which is upon 
the Spirits of your faithfull Inhabitants, that doe willingly 
Comply nnto your Honnours Concessions ; namely, that 
your Honnours be pleased to Confirm these Charters and 
Pattents already granted by our Governor and his Couneill, 
and also Whereas the Concessions require one half penny 
p' acre in Currant Money of England, That your Honnours 
be pleased to signify under your hands your Acceptance 
thereof in such Pay as groweth in the Country at Merchant's 
price ; all which being favourably Effected we humbly 
Conceive will much tend to the Settlement of the People 
and Prosperity of the Province ;— Craving pardon for our 
boldness we beseeech the God of Wisdom to Give your 
Honnours a Spirit of discerning to see where Integrity and 
faithfuUness are fixt and where private designs are driven 
at that you may Administer that which is Just and Equal 
to all. Encouragement to those that merrit it and Reproof 



1672] 



DUKE OF YOKK TO GOV. LOVELACE. 



97 



to Evil doers. "We wish your Honnours peace and pros- 
perity in this Life and Glory in that to come & subscribe — 
Yo*" Honno""^ faithfnll & humble servants — 




Uoh?t:(^i^^, 



^<r^^ /^O^ 



Province of New Jersey July 1^M672 



Letter from, the Duke of York to Governor Lovelace. 

[From "Grants and Concessions," p. 31.] 

Copy of His Koyal Highness the Duke of York's 

Letter to Colonel Lovelace. 
Colonel Lovelace, 

I Did in the Year 1664 by Deed under my Hand and 
Seal of the 24th of June, for the Consideration therein 
mentioned, Grant unto John Loed Berkley, of Stratton, 
and Sir George Carteret, Knight and Baronet, their 
Heirs and Assigns, all that Tract of Land adjacent to Hew- 
England to go Westward of Long-Lsland and Manhatans 
Island, as the same is Bounded and set forth in and by the 
said Deed, with all Appurtenances whatsoever to the said 
Lands and Premises belonging, in as full and ample Man* 



98 NEW JERSEY COLONIAL DOCUMENTS. [1672 

ner as the same is Granted unto me by His Majesty's 
Letters Patents, under the Great Se*al of England^ Bearing 
Date the 12th Day of March, in the 15th Year of His 
Majesty's Keign ; of which said Premises they were 
actually possessed by Virtue of an Indenture of Lease by 
me made unto them, all which hath been sufficiently 
notified in those Parts ; both by the said Grantees pub- 
lickly pursuing the End of the said Grant, and by my 
Letters of the 28th of Novemher 1664 to Colonel Nicholh, 
then Governor of my Territories in America, signifying 
the same to him, and requiring him and all others therein 
concerned, to yeild their best Assistance in the quiet Pos- 
session and Enjoyment of the Premises to all such Persons 
as ray said Grantees should at any Time ap]3oint, and 
Authorize to negociate their Affairs in those Parts. 

Nevertheless I am informed that some contentious 
Persons there, do lay Claim to certain Tracts of these 
Lands, under colour of pretended Grants thereof from the 
said Colonel Nicholls, namely one of the first of Decemher 
1664 to John Bciker and his Associates; and another of 
the 8th of April to WilUamj Golding and his Associates ; 
both which Grants (being posterior to my said Grant of 
the 24th of June) as I am informed are void in Law, and 
therefore I would have you take Notice yourself, and when 
Occasion offers, make known to the said Persons, and to 
all others, if any be pretending from them, that my Inten- 
tion is not at all to countenance their said Pretentions nor 
any other of that kind, tending to derogate in the least 
from any Grant abovementioned to the said John Lord 
Berkeley and Sir George Carteret, their Heirs and 
Assigns ; and they my said Grantees, having promised to 
give effectual Directions to their Deputies and Agents 
there to be assisting to you, I do desire you, and all others 
herein concern'd, in like manner effectually to assist them 
in furthering the Settlement and maintaining the quiet of 
these Parts. Your Loving Friend James. 

Whitehall 25th of JS'&vember, 1672 



1672] MEANING OF THE CONCESSIONS. 99 



The Lords Proprietors' Declaration of the True Intent 
and Meaning of their Concessions. 

[From " Grants and ConcessionN." p. 32.] 

A Declaration of the true intent and Meaning of 
us the Lords Proprietors, and Explanation of 
there Concessions made to the Adventurers 
and Planters of New-Caesarea or New Jersey. 

I. That as to tlie 6th Article, it shall be in the Power 
of the Governor and his Council to admit of all Persons 
to become Planters and free Men of the said Province, 
without the General Assembly ; but no Person or Persons 
whatsoever shall be counted a Freeholder of the said 
Province, nor have any Yote in electing, nor be capable of 
being elected for any Othce of Trust, either Civil or Mili- 
tary, until he doth actually hold his or their Lands by 
Patent from us, the Lords Proprietors. 

XL As to the 8th Article, it shall be in the Powder of 
the Governor and Council, to constitute and appoint such 
Ministers and Preachers as shall be nominated and chosen 
by the several Corporations, without the General Assembly, 
and to establish their Maintenance, giving Liberty besides 
to any Person or Persons to keep and maintain what 
Preachers or Ministers they please. 

As to the General Assembly. 

I. That it shall be in the Power of the Governor and 
his Council to appoint the Times and Places of meeting 
of the General Assembly, and to adjourn and summon 
them together again when and where he and they shall see 
C-ause. 

II. To the Third I That it is to be understood, that it 
is in the Power of the Governor and his Council to consti- 



100 NEW JERSEY COLONIAL DOCUMENTS. [1672 

tute and appoint Courts in particular Corporations already 
settled, without the General Assembly ; but for the Courts 
of Sessions and Assizes to be constituted and established 
by the Governor Council and Representatives together : 
And that all Appeals, shall be made from the Assizes, to 
the Governor and his Council, and thence to the Loeds 
Pkoprietoks ; from whom they may appeal to the King, 
and that no more Corporations be confirm'd but by or with 
the special order of us the Lords Proprietors. 

III. To the ninth Article : That the Governor and his 
Council may dispose of the Allotments of Land to each 
particular Person, without the General Assembly accord- 
ing to our Directions, as he and they shall think fit. 

Concerning the Governor. 

I. As to the second and third Article ; all Officers 
Civil and Military (except before excepted) be nominated 
and appointed by the Governor and Council, without the 
General Assembly, unless he the said Governor and Coun- 
cil shall see occasion for their Advice and Assistance. 

II. As to the fourth Article, in case of foreign Invasion 
or intestine Mutiny or Rebellion ; it shall be lawful for the 
Governor and his Council to call in to their Aid, any Per- 
sons whatsoever whether Freeholder or not. 

III. That in the Sixth Article, concerning the regular 
laying out of Lands, Rules for Building each Street in 
Townships, and Quantities of Ground for each House Lot, 
the same is left to the Freeholders or first undertakers 
thereof, as they can agree with the Governor and Council, 
and not to the General Assembly, but to be laid out by the 
Surveyor General. 

TV. That all Warrants for Lands not exceeding the 
Proportions in the Concessions, being only sign'd by the 
Governor and Secretary shall be effectual in Case his Coun- 
cil or any Part of them be not present. 

We the Lords Proprietors do understand that in all 



DECLARATION OF THP: PROPRIETORS- 



vn 



16(2] 

Generall Assembly's, the Governor and his Council are 
to set by themselves, and the Deputies or Kepresenta- 
tives by themselves, and whatever they do propose to be 
presented to the Governor and his Council, and upon 
their Confirmation to pass for an Act or Law M-hen Con- 
firm'd by us. Witness our Hands and Seals the 6th 
Day of Decemler, 1672. John Berkley. 

G. Carteret. 

The Deda/ration of the Lords Proprietors to the Inhabit- 
ants of New Jersey. 

[From "Grants and Concessions," p. 35.] 

The Declaration of Us the Lords Proprietors of 
the Province of New-Caesarea or New-Jersey, 
To all Adventurers, Planters, Inhabitants, and 
all other Persons to whom it may Concern 
within any Tov/n and Plantations in the said 
Province. 
We being made very sensible of the great disorders in 
the said Province occasioned by several Persons, to the 
great Prejudice of ourselves, our Governor and Council, 
and all other peaceable and well minded Inhabitants with- 
in our said Province, by claiming a Right of Propriety 
both of Land and Government. 

I. We do therefore hereby declare, that all Lands granted 
by our Governor to the 28th of July 1672, and confirm'd in 
our Names by Patents or Charters upon Record in our 
Secretary's Office, and under our Province Seal, sign'd by 
him, and the Major Part of his Council, shall remain to 
the particular Owners thereof, their Heirs &c. for ever, 
with all the Benefits, Profits and Priviledges therein con- 
tain'd, they performing what they are obliged unto in 
every of the said respective Patents or Charters. 

IL For such as pretend to a Right of Propriety to 
Land and Government, within our Province, by virtue of 
any Patent from Governor Colonel Richard Nichols, as 



102 KEW JERSEY COLONIAL DOCUMENTS. [1672 

tliey ignorautly assert, we utterly disown any such thing. 
A Grant they had from him upon such Conditions which 
tliey never perform'd : For by the said Grant they were 
obliged to do and perform such Acts and things as should 
be appointed by His Royal Highness, or his Deputies ; the 
Power whereof remains in lis by Virtue of a Patent from 
his said Royal Highness, bearing Date long before these 
Grants ; which hath been often declared by our Governor 
(and now ratified and owned under the sign Manual of his 
said Royal Highness to Colonel Lovelace, bearing Date 
the 25th of Novemher 1672) who demanded their submis- 
sion to our Authority, and to Patent their Land from us, 
and pay -our Quit Rent according to our Concessions ; 
which if they had done, or shall yet do, we are Content 
that they shall enjoy the Tract or Tracts of Land they are 
settled upon, and to have such other Priviledges and 
Immunities as our Governor and Council can agree upon ; 
but without their speedy compliance as above said, we do 
hereby Order our Governor and our Council to dispose 
therefore in whole or in part, for our best Advantage to^ 
any other Persons. And if any Person or Persons do 
think they have injustice or wrong done by this our possi- 
tive Determination, they may address themselves to the 
King and Council ; and if their Right to that Land or 
Government appears to be better than ours, we will readily 
submit thereunto. 

HI. Our Order is, that those Persons that were the 
chief Actors in attempting tlie making an Alteration in 
our Government, be proceeded against according to a 
Declaration of our Governor and Council, bearing Date the 
Twenty-Elgldh Day of May 1672, except they shall imme- 
diately upon Publication hereof make their Addresses to 
our Governor and Council for remission of their Offences. 
And that all Persons that have sustain'd any Loss or 
Damage by maintaining our just Right and Interest since 
the 26th Day of March 1672 may have Reparation in Law, 
with their Charges they have and shall be at in any Court 



1672] BECLAKATION OF THE I'ROI'RIETOHS. ' 103 

or Courts within our said Province, that are or shall be 
constituted and eomniissionated by special Commission 
from our Governor, according to a 'declaration by our 
Governor and Council ])earino- Date the Tliini Day of 
Apr'd 1672. 

IV. That all Grants of Land, Conveyances, Surveys 
or any other Pretences, for the Hold of Land whatsoever 
within our said Province, that are not derived from us, 
according to the Prescriptions in our Concessions, and 
entered upon Record in our Secretary's Office in our said 
Province, we declare to be null and void in Law. 

Y. That the Constable of every respective Town with- 
in our Province, shall have Power by Warrant from our 
Governor to take by way of distress from every individual 
Inhabitant within their respective Jurisdictions, their just 
Proportion of Rent due to us yearly, beginning the 25th 
Day of March 1670, and for his Charge and trouble about 
the same, if they refuse to deliver it in at some convenient 
Place, which the said Constable shall apjDoint within their 
respective Jurisdictions, by the 25th Day of March Yearly, 
the Constables only to be accountable to our Receiver 
General : And altho' our Concessions say it shall be paid 
in current or lawful Money of England, yet at the request 
of our Governor and Council, we shall accept of it in such 
Merchantable Pay as the Counti-y doth produce at Mer- 
chants Price to the value of Money Sterling, and if by this 
Means we cannot obtain our Rent, then the Marshal of the 
Province shall be impowered as abovesaid, to Collect the 
same at the charge of such the Inhabitants as do refuse to 
pay at the Time and Places as aforesaid. 

Yl. That all Matters and Causes which have been tried 
in our Province by special Commission from our Gover- 
nor, upon which Judgment hath pass'd according to Law, 
be allowed by us and be forthwith put in Execution. 
Witness our Hands and Seals the 6th Day of December 
1672. J, Berkeley, [Seal.'] 

G. Caeteret. [Seal.'] 



104 NEW JERSEY COLON-IAL DOCUMENTS. [16T2 



Letter from Lords Berkeley and Carteret to the Governar 
and Council of Nev^ Jersey. 

[From " East Jersey Records," Vol. n., Liber 3, p. 64 ] 

To our Trusty and well beloved our Governor and 
Councell of New Jersey 

Whereas wee have Received a Complaint made by M' 
William Pardon,^ our Deputy Secretary of our said Prov- 
ince of Several Indignities Losses and Injuries donn unto 
hira by William Meaker Constable of Elizabeth Towne 
and his Assistance Contrary and against the Lawfull 
Authority Settled by ns Therefore these are to will and 
require you to doe the said William Pardon Justice and 
that he may have due Satisfaction for the Losses and 
Injuries donn hira of the said William Meaker his Assist- 
ants and all others, therein Concerned or by either of them 
according to Law. Given under qur hands at Whitehall 
the 6*^ day of Decemb. 1672. 

Jo: Berkeley Geo Carteret 



Grant from the Lords Proprietors to the Officers and 
Freeholders of Woodhridge, and to Samuel Moore. 

[lYom the Original in New Jersey Historical Society Manuscripts.] 

To our Governo'" & Councill as also to y® Reeeiv'" Gen'"all 
of o'' Prouince of new Cesarea or new Jersey. 

Wee doe hereby signifie vnto you or either of you, that 
it is our good will and pleasure to manifest our grace & 

1 WiLUAM Pardon was one of Governor Carteret's Council, and, as its Assistant 
(or Deputy) Secretary attained considerable notoriety by retaining in his possession 
some documents which were called for by the Assembly. He was arrested by order 
of Captain James Carteret, then in power, and his property confiscated. He fled to 
England, but returned in 1672, bringing this letter with him. In accordance with its 
tenor, under date of July 21.st, 1674, he received a grant of 500 acres of land, ["East 
Jersey Records," Vol.11., Liber 3, p. 113,] as partial remuneration for his services, 
and was appointed Receiver General. Ed. 



1872] GRANT TO WOODBRIDGE FREEHOLDERS. 105 

bounty vnto y* Justices Mafi^istrates & freeholders of y* 
towne & Corporac'on of Woodbridge in y* prouince aboue- 
said so farr foth as to giue vnto them one third part of 
y* high or quitt rents due vnto vs our heires or success" 
for seuen yeares next to come from y* date hereof after 
w^'*" time of seuen yeares they y* s^ Corporac'ons or town- 
ship are to pay the full proporc'on of rent to vs o'' Heires 
and assignes according to their Charters and Pattents. — 

Wee doe further order you o"" GoVno"" and Councill or 

Eeeeiv^ Gen'all to pay vnto Samuell Moore of Woodbridge 

or his order for vs out [of s**] Quitt rents yearely for y" 

"space of seuen yeares next to come from y* date hereof the 

summ of tenn pounds yearely, the w*^*' wee will allow of. 

And wee Likewise p^mitt you to graunt vnto Samuell 
Moore abouesaid yo'" warrant ffor him to take vp Sixty 
acres of Vpland for each head that properly belongs to 
him (besides such hee hath already taken vp for) although 
they are not of age according to y* Concessions w'^^ y* 
Marsh and Meadow ground adioyning thereunto, and if no 
Marsh or meadow be adioyning hee may haue Liberty to 
take so much nearest adiacent thereunto as is allotted to 
y* proporc'on of Vpland according to your discretion and 
when Surveyed to graunt him a pattent for y* same hee 
paying o^ Quitt rent 

Giuen vnder our hands and Seales at Whitehall y* T^'' 
day of December 1672 

Jo Berkeley ISeal] G: Caeteeet [Seal] 



The Lords P roprietws to the Gocenicn^ and Council of 
New Jersey. 

[From ■• Grants and Concessions," p. 37. J 

Directions for the Governor and Council of New- 
Csesarea or New-Jersey. 

That the Land is to be purchased by the Governor and 
Council from the Lidians, in the name of us the Lords 



106 NEW JERSEY COLONIAL DOCUMENTS. [16T2 

PuopKiETORS, and then every individual Person is to reim- 
burse us, at the same Kate it was Purchased. 

That We the Lords Proprietors M'ill build a Prison and 
a House for the Keeper at our own proper cost and 
charges, out of the Product of tlie Quit-rents, where the 
Governor and Council shall shall think fit, and that we 
will send over Guns and Ammunition as a Magazine, but 
all other Charges are to be defray'd by the Country \ 
and that all Writs be Issued in his Majesty's Name, 
except the Summoning of Burgessesa, which is to be in 
our names. 

That in Case of Appeals, the Appealant if cast upon his 
Appeal, for England, shall pay as a fine to the Judge, 
Twelve Pounds besides all Costs and Damages, and to give 
in Security in One Hundred Pounds there, for the Pro- 
secuting the same within eight Months. 

That all Strays of Beasts by Lands, and Wrecks at Sea, 
belong to us the Lords Proprietors, and that all Persons 
that shall discover any such thing, shall have such satisfac- 
tion for their Pains and Care, as the Governor and Council 
shall think fit. 

That the Arrears of the Quit-rents of Elhabeth-Town, 
Newark, Piscataquay, and the two Towns of Navesink, 
and all others that have not paid since the Year 1670 be 
paid to our Keceiver General in three Years from 1673, at 
the rate of One Halfpenny a Year for every Acre, besides 
their growing rent, until their Arrearages be satisfied and 
paid. 

That as to the Maintenance of the Governor, we hope 
that the Country, according to the Concessions, will take 
into their Consideration. Given under our Hands and 
Seals at Whitehall, the Seventh Day of December, Anno 
Domini, 1672. 

J. Berkeley, [Seal.'] 
G. Carteret. [Seal.] 



1672] 



KING CHARLES II. TO JOHN BERRY. 



lOT 



Letter from King CIi((rles II. to Captain John Berry., 
Deputy Governor., and to the Council of Neir Jersey. 

[From -Gniutsuud Coucessious," p. 38.] 

Charles, 11. 

Trusty aiul well beloved, we greet you well. Having 
been informed that some turbulent and disaffected Persons, 
living and inhabitting within the Province of djesarea or 
New-Jersey^ (the Propriety whereof we have granted to 
our riy-lit, trustv and well beloved Councellors, John Lord 
Berkeley of Stratton, and Sir George Carteret Knight 
and Baronet) do refuse to submit and be obedient to the 
authority derived from us, to the said Lord Berkeley, and 
Sir George Carteret as absolute Proprietors of the same, 
to the great Prejudice of the said Lords Proprietors, the* 
disturbance of the Inhabitants, and hindrance of the whole 
Plantation there design'd. We do therefore hereby require 
you in our name, strictly to Charge and Command all 
Persons whatsoever inhabiting within the said Province, 
forthwith to yield Obedience to the Laws and Government 
there settled and established by the said Lords Proprie- 
tors, having the sole Power under us to settle and dispose 
of the said Country, upon such Terms and Conditions as 
they shall think fit, and we shall expect a ready Comply- 
ance with this our Will and Pleasure from all Persons 
whatsoever, dwelling or remaining within the aforesaid 
Province, upon Pain of incurring our high displeasure, 
and being proceeded against with due severity according to 
Law, whereof you are to give publick ]S"otiee to all Persons 
that are or may be concerned, and so we bid you farewell. 
Given at our Court at Whitehall the 9th Day of Decemher 
1672, in the Twenty fourth Year of our Reign. 
By his Majesty's Command, 

Henry Coventry. 



108 NEW JERSEY COLONIAL DOCUMENTS. [16T2 



Letter from the Lords Prcyprietors to Deputy Governor 
Berry and his Council. 

[From " Grants aad Concessions," p. 39.] 

Whitehall, the 10th December, 1672. 
We hope as soon as this comes to your Hands, and that 
you have perused these Papers, which we have sent by Mr. 
Moore, the turbulent Spirits in that Province will not con- 
tinue any longer in their obstinate and wonted extrava- 
gancies, but will be satisfied with his Eoyal Highness's 
Letter to Colonel Lovelace, whom we desire you to assist 
on all Occasions, the Copy of which Letter this Bearer 
brings with him to deliver unto you, and when receiv'd we 
desire you to publish the same, with all other Orders from 
us to the several Inhabitants, that they may be inform' d of 
their mistakes, and how they have been mislead, for you 
will find his Eoyal Highness doth declare, that the Grants 
of Colonel Nicholls is Posterior to our Patent, and there- 
fore both in law and equity the right is solely in us, and 
upon that account we have sent over our Determinations 
concerning the Hold of Lands ; as also our Interpretation 
of some Articles in our Concessions, according to which we 
desire you to act, and not to reside from any of them. As 
for Mr. Bollen, we desire you to order our Keceiver Gene-- 
ral to pay him out of our Quit-Kents, the Sum of Ten 
Pounds Yearly, for two Years from the Date hereof. 
You will receive some Law Books, to which you may 
apply yourselves upon all occasions, and you shall not want 
any Encouragement from us that may contribute to your 
Prosperity and Welfare, not doubting but that you will 
discharge the trust reposed in you, with as much Candour 
and Integrity for the Maintainance of our just Rights and 
Intent as we desire to remain, 

Yo'ar very Loving Friends J. Berkeley. 

G. Caeteket. 



1672] PBOPBIETORS TO PRETENDED REPRESENTATIVES. 109 



Letter from the Lords Proprietors to the Pretended 
Representatives of New Jersey. 

[From "Grants and Concessions," p. 40.] 

To the pretended Repi'esentatives of Elizabeth- 
Town, Newark, and New-Piscataway, and 
all otters whom it may Concern 

We have received a long Petition from yon, and of no 
Date, yet out of a tender care we have of your pretended 
Greivances and Complaints, have examined some particu- 
lars thereof, the Governor and Mr. Bollen being now in 
Town, yet we are very ready to do 3'ou all the Justice 
you can expect, tho' you have been unjust to us, by which 
means you have brought a trouble upon yourselves, and if 
you will send over any Person to make good your Allega- 
tions in your Petition, (while the Governor is here) we 
shall be ready to hear all Parties, and incline to do you 
right, altho' you have not had such a tender regard of our 
concerns in those Parts, as in Justice and Equity you ought 
to have had : And we do likewise expect for the future 
you will yeild due obedience to our Government and Laws 
within the Province of New-Cmsarea, or New-Jersey, and 
then we shall not be wanting to manifest ourselves accord- 
ing to your Deportment, Dated this 11th Day of Decemher, 

1672. 

Your JLoving Friends, 

J, Berkeley, 

G. Carteret, 



Titles to Plantations Between Oldman's Creek and Salem. 

[From " Penusylvania Archives," Vol. I., p. 31.] 

Coppies of The Seaverall Evydences by ^^°'' y* 



110 NEW jI;rsey colonial documents. [1673 

Inhabitants claime their Seaverall and respective 
plantacons between Oldmans Creeke and Salem. 

Bj John Berry, Esq"", Deputie Gov''no' of y" Province of 
New Caesaria or New Jersey, and his Councell. 

Wee, John L^ Berkeley, Barron of Stratton, and Sr 
George Carterett, K' and Baronett, the absolute L*^* Pro- 
prietors of the P''vince of New Cesaria or New Jersey, 
Have given and granted, and by these p^'sents doe give and 
grant vnto James Bollen, of the said P'vince Secretary, 
A Certain Neck of land, lying and being on the East side 
of Delaware river, Over against Christany-Creeke, known 
by the name of Swart-hooke, With all the Vpland, Mea- 
dows, Woods, iields, pastures, Marishes, Kivers and rivo- 
letts, together w*'^ all the gains, profitts and all other the 
appurtenances there unto annexed and apperteyning, con- 
teyning as it is to be Surveyed, Butted and bounded by the 
Survey""- Gen"-, five hundred and forty acres, English 
measure. To have and to hold to him, the s** James 
Bollen, his heirs, Ex**"'-, Adm*", or Assignes for ever, after 
the man' of East-Greenwich, in free and Common Soccage. 
YeildinCt and paying to the s** Lords Proprietors, their 
heirs or assignes on every 25**" day of March, one half-penny, 
vearly, for every one of ye s'^ Acres herein conteyned, the 
first paym* whereof to begin in ye yeare of o"" L^ 1675. 
Given vnd"" ye Scale of ye Province ye 6**^ day of June, 
Anno 1673, and in ye 24*^ yeare of his Maj"*' Reigne 
Charles ye 2^, &c. 

Jo''- Bishop, John Berry,* 

Laurence Andresse, W^- Saundford, 

W"- Pardon, 

By ord of ye Deputy Gov"" and his Councell. 
Ja. Bollen, Secretary. 



1 .John Berry was at that time acting as Deputy Governor, under an appointment 
from Governor Cart«ret, who had gone to England, in July, 1672, to confer with his 
superiors upon the affairs of the province. See "East Jersey Under the Proprietary 
Governments," ad Edit., p. 69, Ed. 



1673] WEST JERSEY TITLES. Ill 

The said Lands were assigned over to Justa Andress, 
And by Justa Assigned to Henry Jeans, ye p'"sent Occu- 
pant. 

Cantwell and Johannes Dehaes, Indian Pue- 

CHASE. 

Wee, Sospanninck and Wicknaminck, the natural! inhab- 
itants of this Province of New Jersey, (fee, doe declare to 
have Sold for o''selves and o' heirs vnto Mr. Edmund Cant- 
well & Mr. Johanes Dehaes, o^ Creeke or Kill, called Meg- 
kerk-sipods, w^*" is called in Dutch the land on the South- 
side of Jeremiah's Kill, as far as the Fiuns-Creeke along 
the River ; ffor w'^'^ we doe Acknowledge to have rec^ one- 
halfe Anker of Drinke, two Match-coates, two Axes, two 
barrs of Lead, four hand-fulls of powd"", two knives, some 
painte ; and therefore we doe hereby dissist off the same 
land, and doe declare that we have no further or future 
p^ence on the same. Signed by us this 8'*" of ffeb'", 1673, 
On the Plantacon of Fopp Johnson-Outhout, in the Pvince 
of New Jersey, in Delaware river. 

ToSPUMINCK, 

Witnesses p'sent, Weinamink. 

Peter Jegou, 
Anthony Bryant, 

FoPP OuTHOUT. 



Cantwell & ] pj^Qyij^CE OF NEW JERSEY. 
Jo : Dehaes. ) 

These are to Certifye all whom it may concerne, y* on 
the 20^^ of July, 1672, 1 did give and Grant unto Cap*»^ ; 
Edmund Cantwell & M'"- Jo: Dehaes a Tract of Vpland & 
Meadow or Marish in pporcon, (lying & being on y* East 
side of Delaware-river, next adjoining to the Finns land at 
Pompion-hooke,) conteyning 700 acres, vpon Condicon 
y' they should purchase y^ same from the Indians and setle 
it, w*^*" the}^ having pformed accordingly was to haue a 
Patent for it ; But my absence, being in England, and the 



112 NEW JERSEY COLONIAL DOCTJMENTS. [1673 

coming of j^ Dutcli did hinder the Patening of it : Not- 
withstanding there is an Alteracon since by my L*^: Berke- 
leys disposeing of his interest to y^ pte of y^ Countrey, yet 
the s^: Cantwell & Dehaes ought to enjoy the land as 
being pperly their own Lott, by pmise from me and the 
purchassing it from the Indians, paying the L: Quitt-Rent 
a halfepenny ff acre, w'=*' said Tract of land is Butted and 
bounded as followeth. Beginning at a marked white-Oake 
standing in a Bay by the Riverside, being a bounded tree 
of the s^ Finns-land & running w*'' the s'^ Land East-North- 
East 320 pearches, to a marked Red-Oake standi^ig neare 
the head of Cantwells-Creeke, and from the &^ Oake w**" a 
lyne drawne paralell w*'' the Finns head-lyne South-South- 
East 160 pearches, to a marked Red-Oake standing in the 
said lyne by a Swamp-side & from the s*^ Oake w*** a lyne 
drawn East-North-East 160 perches to another marked 
Oake, & from thence North-North- West 160 pearches, then 
West-South-West 160 pearches to tlie s*' Red-Oake at the 
head of Cantwells-Creek, and from thence w*^ a lyne drawn 
North and by West, to a marked Red Oake standing vpon 
a pointe at the mouth of the s** Creeke 320 pearches, and 
from the s^ Oake down the River to the First bounded 
Tree ; bounding on the West with the River, On the 
South-West w^^ the Finns-land, On the North w**' Cant- 
wells Creeke conteyning 700 acres of land and a proporcon 
of Marish thereunto adjoyning. In Witnesse whereof I 
have hereunto set my hand and scale at Elizabeth-Towne 
y" 22"^ day of 8^", 1675. Phillip Carterett. 

By the Gov'-no'-^ ord'', 

James Bollen, Secretary. 

An Ans\vek to Captne; Cantweli. & Jo: Dehaes Application for a 
Patent fob t^ within mentioned lands. 

Haueing heard some Rumo^ y* my L*^: Berkeley hath 
disposed of his right to some other psons, y* it is approued 
of by the Duke, I forbeare to giue a further grant or 
Patent till the contrary be knowne ; But doe Recommend 



1C73] West jErseY titles. ll-^ 

Cap'°«. Cantwell & M'' Deliaes Iliglit, tec the Justice of 
Such, whom it may concerne to confirm tlieir title, (liven 
vnd'' my hand in New-Yorke this 22^ day of T""^'', 1676. 

Andross. 



Fopp Oitiiout's Permitt. 

Permission is liereby gi-anted to M'': Fopp Outhout for 
to take vp a certaine peice of land for himselfe & his 
heires, lyeing in the woods Juyning vpon the Marish or 
Valley haueing on the North-West-Side Pompion-hooke, 
and stieatching on the North-East-side to the Fish-Creeke 
or Kill, aiid into the woods as li'arr as the Indians haue 
mark't the same, w"' above s'' peece or peel of land is 
granted vnto him to take vp, he paying the Indians and 
Seating the same according to the ord"" of his hono'" the 
Governo"" Gen", for w'^'^ [w*^**?] a patent shall be granted 
Given vnd'' my hand in New Castle in Delaware river in 
the New-Netherlands this 24'" of March, 1674. 

Subscribed by Peter Alricks. 

Math: D. Rikg, Gierke. 



Survey, 

June, y^ 12^ 1675. 
Layd out for ftopp Johnson Outhout a peel of land 
called Goodland, lyeing in New-Cessaria on the Eastern- 
side of Delaware-river, neare the Finns at Pompion-hooke, 
Beginning at A marked Hickery-tree by a Marish-side and 
running from thence for breadth. West 150 pearches to a 
mark't Oake, And from the said Cake by a lyne di-awne 
North for length bounded w'" a Swamp & from the said 
Oake w"' a lyne drawne East 150 pearches to a marked 
white-Oake, w'** a lyne drawne South 300 pearches to the 
first mark't Hickery-tree, conteyning 300 acres. 

f? me, Hex: Parker, Survey^ 



114 KeW JEKt^EV COLONIAL DOCUMENTS. [1673 

floHN liENDRrcKsox, ) Pei'iuission is lierebj granted 
at One-tree-liooke. ) viito Jolin Ilendrickson to take 
vj) one peeee of land on the East-side of this River, to 
l)egin on tlie East-side of a Small Creeke or gntt on this 
side the Single-tree, and North-East along the i-iver to the 
first Creeke, As well Meadow as wood-land, and streateh- 
ing South-East into the woods, he paying the Indians and 
Seating and Inipi'oving the same according to the ord'' of 
the Eight hon'^"^ Gov'': Gen": for w'", [w'='' (] then a Patent 
will be granted. Actum in New Castle this 28"' day of 
June, 1674. Signed hy Peter Alricks. 



Indian Purchask. 

Know all men by these p'sents, That I, Osawath, Sole 
Indian own and pprieto"' of Certaine two Necks or points 
of land, lying and being in this River of Delaware,, and on 
the East-side thereof over ag* the Bonte aboue Yerdrick- 
teige-hooke, the same being called tfe known (by the 
Xpians) Singletree, or Enboome, and by the Indians Emai- 
jens, ffor & in Consideracon of two Match-coates, two 
Guns, two Kettles, two Axes, two knives, two Hoes, two 
Looking-glasses, two donble liand fulls of powder, two 
halfe-Anckers of strong-liqnors, two halfe Anckers, of 
Strong-beere, two Anls, two bai-rs of Lead, cV: two Needles, 
before the signing and delivery hereof, to me in hand paid 
by John Hendi'ickson cV: Peter Ilendrickson, both of Dela- 
Avare-river, Husbandmen, as also for divers other good 
and weighty i-easons and Consideracons, me, the s'* Osa- 
wath, thereunto especially moveing, Haue given, granted, 
bargained, sold, assigned, Transported and made over, and 
by these p'sent doe, give, gi-ant bargaine, sell, assigne, 
Transport and make over a nto them, tiie s^ John Hen- 
drickson & Peter Hendrickson, their heij'es and assignes, 
the above menconed two pcells oi" necks of land, w"' the 
Marishes therevnto adjoining, the s** land by these p^'sents 
sold, lyeth between two Small gutts or Run's, and streatches 



107'-')] WEST JERSEY TITLES. 115 

into the woods as far as the great Swamp or Cripple w^'" 

l)acks the t^aid two Xet-ks of laud : To have 6c to hom. 

the said two pcells or Kecks of land, Marishes & p'niises, 

w'** all and singular the appurtenances, as also all the right. 

title and interest of him the said Ossawath, the right 

Indian Owner or Pprieto'" therein, vuto the s^ John Hen- 

drickson and Peter Hendrickson, their heires and assignes, 

forever. Ix Witnesse and couHrmacon whereof, the s" 

Ossawath hath hereunto set his hand and scale, at Ypland, 

in Delaware river, this 1<»'" day of June, An'' Dom.. 

1075. 

Ossawath. 

Signed, Sealed & Delivered in y*" p'sence of 
Israeli. Helm. Interpreter, 
Jo: Dhaes, 
John Johnson. 



LrcAS Pic'TOR HIS Permit. 

AYhereas M'' Lucas Pictor hath requested ray leave for 
the purchasing of a certaine neck of land (over ag^ Chris- 
teen-Kill) from the Indians lyeing and being on the East- 
side of Delaware-river, w^^'in this Guvernmen^ w^'' an intent 
to plant and inhabit the same. 

These are therefore to pmit and suffer the said Lucas 
Pictors, to purchase the said land from the Indians vpuu 
Condition that he shall doe and pforme all such Acts and 
things as are conteyned in the s** Pproprieto'* Concessions, 
and be conformable and Obedient to y*' lawes of the s"^ 
Province. Given vnd' my hand and Seale of y* Pvince 
the 10^^ day of 7''% 1668. Phillip Carterett. 

Lucas his Indian Pukchase. 

Wee. Kerpenneming <t Mattien-meke, Brothers, together 
declare and know to have Sold to Lucas Pictors alls Peter- 
son all that Tract or peel of land, that he without hindrance 
may live upon, lying upon the South Side of Swart-hooke 



Il6 NEW JERSEY COLONIAL DOCUMENTS. [I6t3 

& upon the North side of y' land of Mattys Mattsey, & 
for a good Consideracon of goods. Wittnesse o"" mark. 

KoRPENNEMiNG, his mark. 

Mattien-Meke, his mark, 
present— ff( »pp Oltthout. 



Michael Lecroa's Assignment from Isaac Tayne. 

To all people to whom this p'"sent writing shall come, 
Isaac Tayne alis Lapier of New-Castle, in Delaware, Send- 
eth Greeting : Know yee that I, the said Isaac Tayne, for 
a valuable Consideracon, before the signeing and delivery 
hereof, to me in hand paid by Michael Lacroa also of Dela- 
ware river, where"* I hold and Acknowledge my self e fully 
satisfied, contented and paid, And therefore doe by these 
p^'sents acquit, exonerate and discharge the said Michaell 
Lacroa for y^ same ; Haue Given and granted, bargained 
sold, enfeoffed, assigned. Transported and made over, and 
by these presents, doe fully and clearly and absolutely 
give, grant, bargain, sell. Transport, enfeoife, assigne, and 
make over vnto the said Michael Lacroa, Senjo', his heires 
and assignes, the Moiety and equal just halfe part of a 
Certain parcel or Tract of land and Marish, (That is to say), 
the Easter-most halfe lying next vnto the land of ffopp 
Johnson Outhout, the said land is Scituate, lyeing and 
being on the East side of Delaware-river, Opposit to the 
towne of New-Castle, the whole Tract of land (whereof 
Michael Lecroa is to have the halfe) is bounded on the West 
w^" the river. On the East w*^ a Creeke, w'" divided this 
land from the land of Fopp Johnson Outhout, on the South- 
West with another Creeke, w"^*" divideth this land from the 
land of Cap^"^: Edmund Cantwell & M'' Jo: Dhaes, & on 
the South-East with the woods, w''*' said land was granted 
to me, the said Isaac Tayne, by Governo'' Phillip Carteret, 
as by the Grant, vnd"" the hands it seale of the said Car- 
teret, bearing Date the 24''* day of June, 1666, and the 
Indian purchase, bearing date the 20^*^ day of July, 1666, 



1673] WEST JEKf5EY TITLES. 117 

more at large may and doth appeare. To have and to 
HOLD the moyety or halt'e part of all the afores'' Lands and 
premises w'*' all and singular the appurtenances ; As also 
all the right, title and interest of me the said Isaac Tayne 
therein, & to the said Michaell Lecroa, his heires and 
assignes viz: the sole and jjper Use and behoofe of him the 
said Michaell Lecroa, his heires and assignes forever. And 
he the s^ Lecroa, liis heires and assignes, shall and may, 
f I'oni henceforth for ever, more peaceably & quietly have, 
hold, occupie possesse & enjoy the said Moj^ety of land and 
premises w**'out the left or interruption of him the said 
Isaac Tayne, or any other pson or psons whatsoeve, Claym- 
ing by or vnd*" him. In Witnesse whereof, the said Isaac 
Tayne hath herevnto set his hand and seale at New-Castle, 
in Delaware, this 15'^ day of tV'^'", in the 28 yeare of his 
Maj"*"' Reigne, Ano° Dom., 1676. Isaac Tayne. 

Signed, Sealed & Delivered in y^ p'sence of 
Ep: Herman, 
Jo Dhaes. 

[JVote h ihe " Archives P'\ I haue followed the method 
in the Originall, though in some places Non-sense & false 
Orthography. J. N. 

As FOR Jean Paul Jacquet, who hath been disposest of 
Some land on the East-side of Delaware-river, of w*^** he 
was in possession at y® last coming in of the English Gov- 
ernm\ he is to be reposest and yo"^ are to take ord*" about 
it. And if Occasion the Command'" is to assist therein. 

Andross. 
To y® Command'" ife Co", at New-Castle, in Delaware. 



These may Certify all whom it may concerne, that I, 
John Colier, Command"" iii Delaware, on this day, the 20^'' 
of July, 1677, haue in my own pson been w*^ M"": Jean 
Paul Jacquet on the East side of this River, vpon the 
Land of y® S"" M^ Jacquet, commonly called the Steen- 



118 NEW JERSEY COLONIAL DOCVMENTS. [1673 

hooke. and have put y^ b** M'': .Tacquet in full and quiet 
possession of the Said land and premises, according to the 
above ord"" from the (TOV^ Witnesse my hand in New- 
Castle, this 20*^ of July, 1677. John Coi,ier. 

\^Not€ here inserted in ike ''■ Archives.^^] ^oe other 
grant, permit! or Survey hath appeared to J. N. 



By the Govern o^ 

Whereas, I liave rec^. Several peticons and Complaints 
from Divers inhabitants on the East-side of Delaware-river, 
that have been disturbed in the lawfull possession of their 
lands and tenem** : there, by reason of Major ffenwick and 
others. These are to desire and Authorize yo", the Justice 
of the Court at New-Castle, to take care that the said 
inhabitants be not disturbed in their possession vpon any 
pretence whatever by the s'' Major Fenwick or others, and 
if Occasion to make me forthw'^'' acquainted w^** y® same. 
Given vnd"" my hand, in New-Yorke, this 28'^ of 8"", 1678. 

Andross. 

Seaverall inhabitants (Dutchmen) have noe more than 
this to shew for their lands. 



PROCEEDiN(^S OF A CoURT AT SalEM, N. J. 

At a Court held at New Salem, in y^ province of West- 
Jersey. 

i' Fopp Johnson Edwd. Wade ] 

P''sent-< Wm. Penton James Nevill - Com""* 

( Edwd. Brad way. ) 

AVilliam Gill-Johnson desiring of y* Court a grant of 100 
acres of land lying over ag^ Hance-heers plantacon on tiie 
other side Yirkins-kill als hogge-Creeke the Court granted 
the pet'* Request, he Seating the same, according to the 
Chiefe Proprieto'''' ( Vjncessions, and pformihg all Such Acts 
and things as shalbc thereby required, and to be subject 
and Obedient to the lawes of y* &^ Province. Arc. 



1673] ORDERS OF DEPUTY GOVERNOR AND COrNCIL. 



119 



Seanerall of y* last mentioned pmits, were granted, but 
few or none Seated according to ord"" if any are seated; its 
a Question. 

All the forenienconed lyes between ( )khnans Creek and 
Salem Creeke. w'*' some others who have Nothing to show 
for their seating. Quit-Rent is all in Arreares. 



Orfhrfi from Deprdu Governor B< rry and Council to the 
Inhcihitants of the Several Toirns to take out their 
Warr(fnts, d^i-. 

[From -East Jeisey Rfcords," Liber 3 of Deeds, p. 83.) 

By the Deputy Governor and Councell 

Whereas the Right hon'"oble the Lords proprietors of 
this province have sett forth by their declaration bearing 
date the 6'." day of Decemb' 1672. th' no person or persons 
whatsoever w"'in this province shall be accompted a free- 
holder of this province, nor have any vote In election nor 
be capable of being Elected for any office of trust Either 
Civill or Military, untill he doth Actually hold his or their 
Lands pattent from them. 

Wherefore wee have thought titt and doe by these p''sents 
give notice to all Inhabitants of New^ark, that they doe 
repaire to the Secretary and give in their proportion, for 
y!" obtaijning of Warrants to the Survayer Uenerall, for the 
laying out butting and bounding of every mans quantity 
of Land that is to be alotted to him In Extent*, or ye town- 
ship In generall AVithin three Weeks after the date hereof, 
])ut ilf already Survayed, then to procure a Certifiicate 
thereof from the Surveyor Generall In order to the taking 
out their pattents With all the speed that may be, accord- 
ing to the manner and forme directed in the Concessions, 
by which means they Will be capable to chuse their repre- 
sentatives, that the affaires of the province may be the 
sooner and better settled. And whosoever shall neglect so 



120 NEAV JERSEY COLONIAL DOCUMENTS. [1673 

to doe, Within the tynie Limitted as aforesaid, shall Loose 
the benefit of the Lords proprietors favior in the p'^niisses, 
and forfeit such Lands as they are settled nppon & pretend 
nnto, to the Lords proprietors to be disposed of for their 
best advantage as the Governo"" and Councill shall think 
fit, according to the Tennor of the said Declaration, And 
least y^ Inhabitants should be tyed to a shorter tynie then 
the Surveyor Generall is Capable to p''fornie the Work in. 
Wee have thought fitt to Limit the tyme to each Towne 
after such a manner that it may be gradually performed : 
Dated at Newark 22*?" May 1673.— May 

Another of the same Tennor for Pisquatiway within 5 

weeks tyme : 

Another of the same Tennor for Navesink w^Hn 8 weeks ^ 
Another of the same for Elizabeth towne w*?*in 10 weeks, 

and one for Woodbridge w'^Mn for delawarr 2 months 

after publication 

By the Deputy Governor & his Councell. 

Whereas there is a declaration sett forth by y^ hono''!^ the 
Lords' p'"prietors of this province Dated the 6^*^ Decemb 
1672 thereby ordering that those persons which where the 
Chife Actors In Attemjiting the makeing an alteration in 
their Govenment shall be proceeded against according to a 
Declaration of the Governor, and Councell for Remission 
of their offences, And although wee did Reasonably Expect 
that the same would have bene (by way of petion) presented 
this Session & finding them slack and Remiss there In, 
Yett to publish to the World our unwillingnes to Imploy 
Severity When other Meanes may be found as well to 
satisfy us, as to p'formc the Commands of our Lords pro- 
prietors. 

Wee doe hereby ord*" and appoint Tuesday the lO'f day 
of June next Ensuing In Which wee shall be redy to 

1 This was uot sent to Navesink, but retarded till another tyme according to the 
reference uppon theire petion, [Note from the Eecord.[ 



1673] NATHAN Gould's account, 121 

Receive tlieir Submission at the Towiie of Bergen Where 
such as are Conscious of their offences may Repaire to 
Crave Remission And after that tyme to expect no favor 
but what the Law affords. Dated at ^'ewark the 22 Maj 
1673. 



Nathan GoidrVs Account of Circumstances Leajling to the 
Capture of New York. 

fFrom "New York Colonial Documents," Vol. III., p. 200.) 

Intelligence from New Yorke by one from Stanford. 

August S. \^Ext rcK't J^ This messenger reports . 
Also that the Sloope wherein were Cap' James Cartwright 
& his wife were set ashoare in Virginia, But they brought 
M*" Hopkins w'?* the Sloope to the Maliatoos. Moixnier this 
man saith that he stood at the Cabbin doore & heard the 
General! demand of tlie M*" of the Sloope Samuell Dauis 
by name what force they had at New Yorke & tould him if 
he would deale Ifaithfully w'** him he would giue him his 
sloope and Cargo againe ; the said Sloopes Master replyed 
that in the space of three hours the Governo'" Louelace 
could raise tiue thousand men tfe one hundred & tifty peice 
of Ordinance mounted lit for seruice upon the wall, upon 
this the Dutch Generall said if this be true I will giue you 
yo' sloope & cargo cV: neuer see them. Then they enquired 
of one M"" Hopkins who tould them he thought there might 
bee betweeue Sixty and Eighty men in the ffort, and in 
three or foure dayes time it was possible they might raise 
three or foure hundred men, & that there w^as thirty or 
thirty six peice of ordinance uppon the wall that a shot or 
two would shake them out of their Carriages then all theyr 
cry w^as for New Yorke, to which place they came, and 
this Captine stood ther on the Deck and saw them land by 
the Governor's Orchard about six hundred men , . , . 
, . . . , taken before me the date abouve said 

^N^ATHAN Gould 



I, 



122 NEW JERSEY COLONIAL DOCUMENTS. [1673 



Minvtes of Council of New Netherlands 1673-1674. 

[From "New York Colonial Doriiments," Vol. IL, pp. 571-730.] 

At a raeetina; of the Honorable Conimauders Cornelis 
Evertse and Jacob Benckes and tlieir adjonrned Council of 
War, in the City Hall of the City of New Orange, this 
12'»' of August, New Style, A" 1678 

Present — Commander Corn. Evertse 
Commander Jacob Benckes 
Capt" Anthony Colve 
Capt" Nicolaes Boes 
Captl Abram v. Tyll. 

John Baker, Jacob Melvn, John Oo^den, eum. f^ooAAs. 
Deputies from the village of ElisabethtoM-n, Niew-worke, 
Woodbridge and Piscatteway, situate in the Province here- 
tofore called New Yarse}^, praying, by petition, that they 
may be allowed to send some Delegates from their said 
villages to treat with the Admirals and associate Council of 
war respecting the surrender of their towns under the 
obedience of their High Mightinesses, the Lords States of 
the United Netherlands, and his Serene Highness, the 
Prince of Orange, and that no audience be granted to their 
late Governor, Capt. John Berry,^ before and until the same 
be granted to the said Delegates &c. 

Ordered. The Petitioners, namely the inhabitants of 
the villages of Elisabets Towne Nieworke, Woodbridge and 

1 John Bkrry is first named, in connection with New Jersey, in 1669, as possess- 
ing an interest in lands between the Passaic and the Hackensack. He is presumed to 
have come to the Pl■o^•ince from C'onnecticut, and piobably some years previously, 
or he would not so soon have been taken into the Council. In 1672 he was left Deputy 
(ioveruor, when Governor Carteret went to England. His authority was coutirmed 
by the King, but Baker, Ogden and others, having always been opposed to the Pro. 
prietary Government, they were pleased to be able to thwart his influence with the 
Putch. He continued to be one of the Council under the ditferent administrations, 
until 169'2, when, it i" presumed, he died. Ei». 



1673] MTNUTEP OF COrNCTL OF NEW NETHERLAND. 123 

Piscattaway, are hereby allowed to send their Delegates 
hither on next Tnesflay morninj^, to treat with ns. • 

Dated at the City Hall of the City of New Orang'e, this 
12*** Anisnist 1HT3. (Signed) Cornelts Evertse, Jun"", 

Jacob Benokes, 

By their order (Signed) N. Bayard, Secret^ 

It is furthermore resolved by the Admirals and Council 
of War, and the following order is dispatched to the three 
remaining villages situate in said Province of New Yarsey : 

To the Inhabitants of the Village of Bergen, and the Ham^ 
lets and Rouweries thereon depending : 
Yon are hereby ordered and instructed to dispatch Dele- 
gates from your village here to us, to treat with us on next 
Tuesday, respecting the surrender of your town to the 
obedience of their High Mightinesses, the Lords States- 
General of the United Netherlands, his Serene Highness 
the Prince of Orange, or on refusal so to do, we sliall be 
obliged to constrain you thereunto by force of arms. 

Dated at the City Hall of the City of New Orange, the 
12'" of August, Anno 1673 

(Signed) Cornelis Evertse, Junior, 
Jacob Benc kes 

By their order, (Signed) N. Bayard, Secrete 

The Inhabitants of Middeltowne and Shrousbury, are 
hereby charged and requiered to send their deputys unto 
us on tuesday morning next, for to treat w"* us uppon 
articles of surrendring their said townes under the obe- 
dience of the High and Mighty Lords, the States-Generall 
of the united Provinces, &: his serene Highnesse the Prince 
of Orange, or by refusall wee shall be necessitaded to subdue 
the said places thereunto by force of armes. 

Dated at New Orange, this 12"' of August A" 1673 

(^Signed) Cornelis Evertse, Jun'' 
Jacob Banckes 



124 NEW JERSEY COLONIAL DOCUMENTS. [1673 



At the Meeting of the Hon^'^ Council of War, holden 
in Fort Willem Hendrick, on the 18'*^ of August, Anno 
1673. 

Present — Commander Jacob Benckes, 

Commander Cornelis Evertsen, Junior, 
Captain Anthony Colve, 
Captain Nicolaes i3oes, 
Cajjtain A. F. van Tyll. 

The following Order was made : 

On the petition of the inhabitants of the respective 
towns, viz : Elisabets Towne, New Worke and Piscattawaj, 
situated at Achfcr Coll.^ 

The Commanders and Hon'''® Council of War having 
considered and read the Petition of the inhabitants of the 
villages of Elisabets Towne New-Worke and Piscattaway, 
have ordered thereupon that all the inhabitants of those 
towns shall be granted the same Privileges and Freedoms 
as will be accorded to native born subjects and Dutch 
towns ; also the Petitioners and their heirs shall unmolested 
enjoy and possess their lawfully purchased and paid for 
lands, which shall afterwards be confirmed to them by the 
Governor in due form ; in regard to the bounds of each 
town, they shall hereafter be fixed by the Governor and 
Council ; in respect to impressment, none of the English 
nation shall, in time of war with his Majesty of England, 
be impressed against their own nation on condition that 
they comport themselves quietly and peaceably, but their 
ships and boats shall be subject thereto. Concerning 
inheritance, they shall have to regulate themselves, accord- 
ing to the laws of Netherland, but be at liberty to dispose 
of their property by will, according to their jileasure ; and 
in case any wish to depart from this govei-nment with their 
property, they shall be at liberty so to do within the terra 

1 AchUr Koll or VoU was an appellation tiv8t applied to Newark Bay, meaning 
"Behind or Back of the Bay"— the great Bay of the North RJTer— and w^s subse. 
quently transferred to the land as well. Ed. 



1673] MINUTES OF COUXCIL OP NEW NETHERLAND. 12."» 

of six months on condition of previously paying their debts, 
and ol)taining proper passport from the Governor, Fur- 
thermore, no person shall be suffered to settle within this 
government without the Governor's previous approbation 
and linally, the Petitioners are granted and accorded Free- 
dom of conscience as the same is permitted in the Nether- 
lands. 

Further, the Deputies from the T(»wns of Woodbridge, 
Schrousbury and Middeltowne situate at Arhter Coll, com- 
ing into court, the above privileges were, at their verbal 
request, in like manner granted and allowed to their towns ; 
but all subject to further orders from their High Mighti- 
nesses and his Serene Highness of Orange 

Captain John Berry, William Sandfort, Samuell Edsall 
and Lourens Andriessen, appearing before the Council 
request that they and their plantations may be confirmed 
in the privileges which they obtained from their previous 
Patroons, and furthermore possess unobstructed their 
houses, lands and goods, and to enjoy such further privi- 
leo-es as are y-ranted and accorded to all other the inhabit- 
ants of Achter Coll, lately called New Jarsey. 

Ordered thereupon : 

The Petitioners shall enjoy their lawfully acquired 
houses, lands and goods, together with such privileges 
as are granted and accorded to their neighboring towns of 
Achter Coll. What regards the privileges obtained from 
their previous Patroons, the same is denied the Petitioners. 

. . . From the nomination of the inhabitants of the 
town of Bergen and dependencies are this day elected. 
As Schoat (iiul Secretary . . . Claes Arentse, 
As Schepens 
Gerrit Gerrits, Elias Miehielse, 

Thomas Frederiks, Peter Marcelissen, 

Cornells Abramse ; 
Whereof a certificate is sent them, and it is further recom- 
mended them to come here and be sworn in. 



120 NEW JERSEY COLONIAL DOCFMENTS. [1673 

At a Meeting of the Coiniuaiiders and Hon''.'"' Council of 
War of New Netherlands, hohlen in Fort William Ilen- 
drik, on Saturday, 19"' of August, A° 1073. 

Present — Commander Jacob Benckes, 

Commander Cornells Evertsen, Junior, 
Captain A. Colve. 

The Deputies from the Towns of Elisabets Towne, New- 
worke, Woodbridge, Piscattawaj, Middeltowne and Schrous- 
bury appearing, are ordered to call together the inhabitants 
of their respective Towns, and to have them nominate by 
plurality of votes, a double number for Sche])ens or Magis- 
trates of said Towns ; also from each Town to elect two 
Deputies, who shall meet together as one Board, and then 
n(^minate, by the greater number of votes, three persons for 
Schout and three for Secretary, over the said six Towns to 
whicli end the folloM'ing Order is sent to each of them. 

The Command''-in-Chiefe and Councell of warr in fort 
William Hendrik. 
Do herebij order & strictlij require the Inhabitants of 
Elisabeth Towne to call a Townes Meeting, and by a gen- 
erall vote to nominate six persons for magestraets of their 
said towne, as alsoo to appoint twoo deputys who are to 
meete with the rest of the iijve neighbouring townes, to wit : 
New worke, Woodbridge, Piscattawaij, Middletowne & 
Shrousburrij, wich said deputys shall be authorized to 
nominate three persons for Sellout and three for Secre- 
tarijs, out of wich said nominated persons bij us shall 
be ellected for each towne three magistrates, and for the 
b'^ six Townes in generall, one for Schout & one for Secre- 
tary, and . the said Inhabitants ife deputys are herebij re- 
quiered to make a true returne thereof unto us within the 
space of six daijes next ensuing. Dated at forte Willim 
Hendrik the 19 of August, A" 1073. 

(Signed) Jacob Benckes, 

CoRNELis Everts, Junior. 



1673] MINUTES OF COUNCIL OV NEW NETHEKLANl*. 1-^7 

At a Meeting of the Comnianders and Hon*'!*' Counecl of 
War of New Netherlaiul. hokleii in Fort AVilleni Hendrik, 
21^' August, 1<)73 

Present — Commander Jacob Benckes, 

Commander Cornelis P^vertsen, Junior, 
Captain Anthony Colve. 

The newly chosen Schout, Secretary and Schepens of the 
Towns of Mid wont, Breukelen, Amesfort, Utreglit, Bos- 
wyok and (Irayesend, appear before the Council to take 
the oath of allegiance, which they have subscribed in form 
as herein before taken by Burgomasters and Schepens. 

The Schout and Magistrates of the Town of Bergen in 
like manner appearing, have also taken the oath in form as 
aforesaid, and are further told that the Commanders shall 
visit their Town on Sunday after the Sei-mon, in order to 
administer the oath of allegiance to all their people. 

On the petition of the Schout of the Town of Bergen he 
is permitted and allowed by the Hon^'^ Council of War 
henceforth to fill and execute the office of auctioneer. . . 

23*^ August, A" 1073 .... Agreeably to our 
previous order the inhabitants of tlie Towns of Wood- 
bridge, Elisabets Towne, Shrousbuiy. Middel towne, situate 
in the Kill van Col, and Manarneck, situate on the Sound 
over right Oyster bay, have nominated and this day pre- 
sented to the Council a double nund)er as Magistrates for 
their respective Towns. 

At a meeting of the Commanders and Hon''^® Council of 
War of New Netherland, holden in Fort Willem Hendrik 
the 24"' August, 1673. 

Present — Commander Cornelis Evertse, Junior, 
Commander Jacob Benckes, 
Captain Anthony Colve. ^ 

1 These three composed the Council, and were present at all the meetings recorded 
iiutll the commencement of Colve'a admiuistration. the first entry of which was under 
date of September 19th. 1673. Ed. 



128 NEW JERSEY COLONIAL DOCUMENTS. [1673 

From the nomination presented by tlie inhabitants of the 
Towns of Elisabets Towne, Woodbridge, Schronsbuiy, 
Middeltowne and Maniarneek, the following are this day 
elected Schepens of said Towns : 

Magidrates or ScJiepenfi of Kl'iml>fts Tmrne : 
John Ogden, Senior, Samnel Hopkins, Jacob Melyn. 

MayiKtratpi< or Sehe2}enf< of Woodhridge : 

Samuel Dennis, Obadiah Hoits, Stephen Kent 

Sworn P' September, 1673 

Magidrates or Schejyens of Shroudmry : . 
John Hanoe, Eleakim Wardil, Hugh Dyckman 
Sworn 1**^ September, 1673 

Magi-itratt's or Seheperu of Nevnmr-ke : 

Jasper Crane, Kobbert Bond, John Ward, 
Sworn 1^' September, 1673. 

MagidrateN of Mamarneck : 
John Busset, Henry Pisbrou, 

Of which election a formal certificate was sent to each 
of said Towns, and 'tis ordered that those elected shall come 
hither on the first opportunity to be '.worn in. 

The following is the Form of the Oath : 

Whereas wee N: N: are chosen bij y* authority of the 
high & mighty Lords the Starts Generall etz to bee magis- 
traets of the towne called N. N. wee doe sweare, in y^ 
Presence of y^ allmighty Godt, to be true & ifaithfFull to 
y^ said authority, and their Govern'"' for y^ tijme being, 
and that wee equally &: impartially shall exercize. Justice 
betwixt party <fc partij, without Respect otf persons or 
nations, and y*^ we shall ffollow such tfurther orders tfe 
Instructions as we Ifrom time to time shall receive ffrom 
y^ Govern'' & Councell in time being. So help us God. 



1673] MIXUTES OF COUNCIL OF NEW NETHERLAND. 129 

. . the 26'^ of August, 1H78. . . . 
From the nomination of the inhabitants of the Town of 
Piscattawaj are elected : 

As t^chepeuH : 

John Snially, Nicolas Boman, Daniel Denton, 

Sworn 6"' Sep"-, 1673. 

The 27'*" August. Pursuant to the resolution of the 21" 
instaui, the Commanders and Conncil of War did this day 
proceed to the Town of Bergen, where the Burghers of 
that town and dependencies were found to amount to 78 in 
number, 69 of whom appeared at drum-beat who took 
the oath of allegiance in like 'form as hereinbefore inserted 
under date instant ; the remainder were absent, 

whose oaths the Magistrates were ordered to forward. 

. . the 1" September 1673 ... 
The following is the election and commission for the 
Schout and Secretary of the towns situate at Achter Coll 

The Lords Commanders it Hon'"*' Councel of Warre of 
New Nederland, residing in fort AVillim Hendrik etz. 
Whereas wee ha^'e thought fitt ifc necessarij to discharge 
the- forme of Governnr late in practice here and to reduce 
it under the stijle of Schout and Scheepens, w*^** is custoni- 
arij in our natieve country, the United Belgick provinces. 
Know yee therefore that wee bij virtue of o*" Commission 
from y*" High & mighty LOf/'ds the States Generall and his 
Serene Highnesse the Prince of Orange etz. out of y^ Nom- 
ination presented unto us bij y*' deputies of Elisabeth 
Towne Wood Bridge, Shruusburry, New-Worke Piscatte- 
waij <k Middeltowne, have elected and established 

M"" John Ogden to be Schout & ) of all the respective 

W Samuell Hopkins to be Secretary f Townes 

Giveing & by these presents granting unto the s*^ John 
Ogden & Samuel Hopkins & each of them, full pouwer 



130 NEW JERSEY COLONIAL DOCUMENTS. [1673 

strenght & authority in their said offices. The said Schout 
together w^" y^ Schepens or magistrates of y^ respective 
Townes to Rule & governe as well their Inhabitants as 
Strangers and y*' s** Samuel Hopkins to administer the office 
of Secretarij in y® s** Townes according to the Laws of the 
United Belgicq Provinces and such particular Instrnctions 
as they from time to time shall receive from us & from our 
Gouern'"" for the time being, and wee do hereby strictly 
order & Command all the inhabitants of the said Townes 
to obeij & execute all such lawfuU orders & constitutions 
as shall be made by y^ s" Schout A: magistraets for the wel- 
fare of y" s'' respective Townes and y^ inhabitants thereof. 
Dated as above. 

The Schout John Ogden and Secretary Samuell Hopkins 
are this day ordered to take an Inventory of the estate of 
the late Governor Carteret, and to report the result. 

. . . on the 6"' September, A" 167o 

Captain Kuyf and Captain Snell are this day commis- 
sioned and authorised by the Hon*"« Council of War, to 
repair with the clerk Abram Varlet to Elisabets Towne, 
Woodbridge, Shrousbury, Piscattaway New Worke and 
Middeltowne, situate at Achtei' Coll^ and to administen the 
oath of allegiance to all the inhabitants of those towns in 
the form as hereinbefore recorded, to which end orders and 
instruction in due form are also given them 

... on the 7'" September, 1678 

Schout John Ogden and Secretary Samuel Hopkins 
appearing, complain that Robert Lapriere hath removed 
divers goods from the house of Philip Carteret which he 
refuses to restore ; also that one John Singletary refuses to 
obey their commands ; whereupon tis ordered to arrest said 
persons and bring them hither, to which end some soldiers 
are furnished. They are furthermore ordered to summon 
Jajnes Bollen, late Secretary of the Province of New Yer- 



l673] MINUTES OF COUNCIL OF NEW NETHERLAND. 131 

sey, to deliver up, agreeably to former order the Governor's 
papers within the space of ]0 days after this date, or in 
default thereof, his property shall be at the disposal of the 
Hon*"*" Council of War 

8^*^ of September A" 1H78 .... 

Captain Berry and William Sandford entering and re- 
questing, in substance, that the Records and Papers of the 
late Piovince of New Yarsey, may for divers reasons be 
delivered to and remain in the office of the Secretary of 
this Government, and not with M"" Hopkins individually : 
the same is provisionally allowed them until further inquiry 
be made herein 

. . 9'*^ of V", 1H73 . . . . Eobert Lapriere and 
Jonathan Singletary being arrested by the Sheriff of Achter 
Coll and pursuant to previous order sent hither, are exam- 
ined in Council on the charges brought against them, all 
which were denied by them. Whereupon ordered, that 
John Ogden, the Sheriff, be summoned hither to prove his 
complaints against those persons. 



. . Vl'^ of Seprembor, 1673 . . . 

James Bollen, Capt° Berry, Samuel Edsall and some 
inhabitants of Woodbridge, again request that the books 
and papers concerning the province called New Yarsie, may 
be delivered into the hands of Secretary Bayard and not to 
Samuel Hopkins, as they have great reasons to suspect said 
Hopkins of having made away with some of them. Their 
request is granted and allowed 



. . 13'" of 7% 1B73 . . . 

The Sachems and Chiefs of the Hackinsagh Indians, 
accompanied by about 20 of their people, requested an 
audience, and being admitted, state that they have been 
sent to the Commanders by the rest of their Indians, to 



132 NEW JERSEY COLONIAL DOCUMENTS. [1673 

request that as they heretofore had lived in peace with the 
Dutch, they may so continue in future ; declaring that 
on their side it was sincerely desired, in token whereof 
they presented about 20 deer skins, 2@3 laps of Beaver, 
and 1 string of Wampnin. 

Whereupon they were answered : That their presents 
and proposals were accepted, and they should be considered 
by the Government, as heretofore, good friends; in con-- 
firmation whereof they were presented with 6i@ of 

checkered linen ; 12 pairs of woolen hose, and live car- 
tridges of powder ; for which they thanked the gentlemen, 
and again departed. 

The Hon'''*' Council of War having heard and examined 
the complaints of John Ogden, Schout, against Jonathan 
Singletary, for not only refusing to obey the orders sent 
him by said Schout, but moreover for answering very 
rudely and discourteously in writing, in contumely and 
disrespect of his authority, which being sufficiently proved, 
partly by admission and further by evidence on oath, the 
Hon'"'^ Council of War, by virtue of their commission 
administering justice, have therefore condenmed and sen- 
tenced, as they do hereby sentence and condemn said 
Jonathan Singletary to pay a line of Five Pounds Sterling, 
to be applied to the behoof of the poor of this city, with 
further warning that strict orders shall be given to the 
Magistrates of Achter Coll to have a strict eye over his 
behavior, and that he shall, on the first com2)laint made 
de 7101)0 against him, be punished as a mutineer and dis- 
turber of the public peace, and as an example to others. 
Further to pay costs of court. 

The Hon^^® Council of War having heard and examined 
the complaint of John Ogden, Schout, against Robert Van 
Quelen, alias Lapriere, who refuses not only to obey the 
orders sent to him by the Schout to restore the goods 
removed by him from the house of the late Governor Car- 
terett, but moreover publicly stating with threats that the 



1673] itINUTES OF COrNCTL 01^ >rEW NETTIERLAND 133 

Duke of York had still an interest in Fort James, and 
that there woidd be another change within half a year. 
All which being sufficiently proved under oath, the Coun- 
cil of War therefore administering Justice by virtue of its 
commission, have hereby condemned and sentenced said 
Robert Van Quelen to restore the removed goods of Capt. 
Carterett, and furthermore, to he banished as an example 
to others. Ady as aboNe. 

. . 14:^'^ of T"^"'; 1673. . . . 

Capt" Ivuytf and Liut Snel having returned yesterday 
from Aghtev Coll, report : That pursuant to their commis- 
sion, they have administered the oath of allegiance in the 
form hereinbefore set forth, under date , to the 

inhabitants of the undernamed towns, who are found to 
number as in the lists delivered in to the Council 

Elhahethtonm, 80 men, 76 of whom have taken the oath ; 
the remainder absent. 

New Word', 86 men, 75 of whom have taken the oath ; 
the remainder absent. 

Woodhn'dge, 54 men, all of whom have taken the oath ; 
except one, who was absent. 

Pincattdway, 43 men, all of whom have taken the oath. 

Mhlh'ltoirnfi, 60 men, 52 of whom have taken the oath ; 
the remainder absent. 

SvhrovsJnmj, 68 men, 38 of whom have taken the oath; 
18 who are Quakers, also promised allegiance, and the 
remainder were absent. 

The following is the roll of the officers of militia elected 
and sworn in by Capt" Kuytf and Lieutenant Snel, by order 
of the Council of War : 

jblisahdhtoirn : Jacob Molyn, Captain ; Isaac Whitehead, 
Lieutenant; John Woodrof, Ensign. 



i34 NEW JERSEY COLONIAL DOCtJMENTS. [1673 

New Worke : Samuel Swaine, - Captain ; Jolin Ward, 
Lieutenant ; Samuel Kitchell, Ensign. 

Woodhridge : John Pike, Captain ; John Bishop, Lieuten- 
ant ; Samuel Dennis, Ensign. 

■Pisscattmmy : Bennayah Dunham, Captain ; Joseph Snow, 
Lieutenant ; John Longstaf, Ensign ; 

Midddtmcne : Jonathan Hulmes, Captain; John Smith, 
Lieutenant ; Thomas Whitlock, Ensign. 

Schmushury : William Newman, Captain ; John William- 
son, Lieutenant ; Nicies Browne, Ensign. 



29 Ttember, 1673 

On the Inquest made on behalf of Col. Lewis Moorris, 
pass and repass is granted him to come into this govern- 
ment, on condition that he attempt nothing to its prejudice 
during his sojourn .... Notice is this day sent to 
the Magistrates of the town situate at the Nevesings near 
the sea coast, which they are ordered to publish to their 
inhabitants, that they on the first arrival of any ships from 
sea shall give the Governor the earliest possible informa- 
tion thereof 

Whereas the Late Chosen Magestrates off Shrousburij 
are found to be Persons whoes religion Will Not Suffer 
them to take anij oath, or administer the Same to others 
wherefore they Can Nott be tit Persons for that office 1 
have therefore thought fitt to order that bij y* s^ Inhabit- 
ants off y® s*^ towne a New Nomination shall be made off 
four Persons off" the true Protestant Christian religion, out 
off' which I shal Elect two, and Continue one off y* former 
for Magestrates off y^ s*^ towne ; dated att ffort Willam 
hendrick this 29^^ 7^^' 1673. 

(Signed) A. Colve 



167'4] MlNl'TES OF COFNCli. OF >:FW NKTHERI-AND. 135 

Provisional Instruction for the Sellout and Magistrates 



of 

Art. 1. The Sheriff and Magistrates shall, each in his 
quality, take care that the Reformed Cliristian Religion be 
maintained in conformity to the Synod of Dordrecht with- 
out permitting any other sects attempting any thing con- 
trary thereto, 

'2. The Sheriff shall be present, as often as possible, at 
all the meetings and preside over the same ; but should he 
act for himself as party, or in behalf of the rights of the 
Lords Patroons or of Justice, he shall, in such case, rise 
from his seat and leave the Bench and in that event he 
shall not have any advisory much less a concluding vote, 
but the oldest Schepen shall, then preside in his place 

3 All cases relating to the Police, Security and Peace 
of the Inhabitants ; also to Justice between man and man, 
shall be finally detennined by the Magistrates of each of 
the aforesaid villages, to the amount of, and under, sixty 
Horins, Beaver, without appeal ; In case the sum be larger 
the aggrieved party may appeal to the meeting of the 
Sheriff and Councillors delegated from the villages subject 
to his Jurisdiction, for which purpose one person shall be 
annually appointed from each village who shall assemble 
in the most convenient place to be selected by them, and 
who shall have power to pronounce final Judgment to the 
amount of fl. 24<i Beavers and thereunder. But in all cases 
exceeding that sum each one shall be entitled to an appeal 
to the Governor-General and Council here. 

4 In case of inequality of votes, the minority shall sub- 
mit to the majority ; but those who are of a contrary 
opinion may have it recorded in the minutes but not 
divulge it without the meeting on pain of arl)itrary correc- 
tion. 

5 Whenever any cases occur in the meeting in which 
any of the Magistrates are interested, such Magistrate shall, 
in that instance, rise and absent himself, as is hereinbefore 
stated in the 2^ article, of the Sheriit". 



1S6 New jer&ey colonial documents. [1673 

6. All inhabitants of the above named villages shall be 
citable before said Sheriff and Shepens or their delegated 
Councillors who shall hold their meetings and courts as 
often as they shall consider requisite. 

7. All criminal offences shall be referred to the Gover- 
nor-General and Council, on condition that the Sheriff be 
obliged to apprehend the offenders, to seize and detain 
them and to convey them as prisoners under proper safe- 
guard to the Chief Magistrate with good and correct infor- 
mations for or against the offenders. 

' 8. Smaller offences, such as quarrels, abusive words, 
threats, fisticuffs and such like, are left to the Jurisdiction 
of the Magistrates of each particular village. 

9. The Sheriff' and Schepens shall have power to con- 
clude on some ordinances for the welfare and peace of the 
inhabitants of their district, such as laying out highways, 
setting off lands and gardens and in like manner what 
appertains to agriculture, observance of the Sabbath, erect- 
ing churches, school-houses or similar public works. Item^ 
against fighting and wrestling and such petty offences, 
provided such ordinances are not contrary but as far as is 
possible, conformable to the Laws of our Fatherland and 
the Statutes of this Province ; and, therefore, all orders of 
any importance shall, before publication, be presented to 
the Chief Magistrate and his approval thereof requested 

10. The said Sheriff and Schepens shall be bound strictly 
to observe and cause to be observed the Placards and Ordi- 
nances which shall be enacted and published by the suprenje 
authority,' and not suffer anything to be done against them, 
but cause the transgressors therein to be proceeded against 
according to the tenor thereof ; and further, promptly 
execute such orders as the Governor-General shall send 
them from time to time. 

11. The Sheriff and Schepens shall be also obliged to 
acknowledge as their Sovereign Rulers, their High Mighti- 
nesses the Lord States-General of the United Netherlands 
and his Serene Highness the Lord Prince of Orange, and 



1673] MINUTEB OF COrNCIL 0? NEW NETHERLAXD. 137 

to maintain their sovereign Jurisdiction, riglit and domain 
over this conntrv. 

12. The selection of all inferior ofHcers and servants in 
the employ of the Sheriff and of the Sehepens, the Secre- 
tary alone excepted, sliall be made and confirmed by them- 
selves. 

13. The Sheriff shall, by himself or deputies execute 
all the Magistrates' Judgments and not discharge any one 
except by advice of the Court; he shall also take good care 
that the places under his charge shall be cleansed of all 
mobs, gamblers, whore-houses and such like impurities. 

14. The Sheriff shall receive the half of all civil fines 
accruing during his term of office together with one-third 
part of what belongs to the respective villages from criminal 
cases ; but he shall neither directly nor indirectly receive 
any presents forbidden by law, 

15. Towards the time of election, the Sheriff and 
Sehepens shall nominate as Sehepens a double number of 
the best qualified, the honestest, most intelligent and 
wealthiest inhabitants, exclusively of the Reformed Chris- 
tian Religion or at least well affected thereunto, to be 
presented to the Governor, who shall then make his elec- 
tion therefrom with continuation of some of the old ones 
in case his Honor may deem it necessary. 

Dated Fort Willem Hendrick, the first of October, 1673. 

The preceding instruction, as registered word for word, 
is in like manner sent 

In English, to Schout John Ogden and the Magistrates 
of the Towns of Elizabethtown, Woodbridge, Shrousbury, 
New arke, Piscattaway and Middeltown, situate at ArhUr 
Co/. 

To the Schout and Magistrates of the Town of Bergen, 
only with this alteration, that in the 3** par. they shall 
pronounce definitive Judgment to the amount of fi. 60 in 
Beavers and no further. 

Ditto to those of Bergen and Westchester and Staten Island 



1S§ New Jersky colonial rociTMENts. [16^3 

Tlie (-rovernor has this day resolved to sell Major Kings- 
land's plantation and effects at Ac}iter Col ; and the Magis- 
trates of tlie Town of Newarke are accordingly authorized 
to drive oft' and sell by public auction the cattle and swine 
of said plantation, to be paid for next winter in salt pork 
@ 3 .£, or beef @ 2 £ per barrel, winter wheat @ 6 guilders 
or peas @ 4 guilders, Wampum currency, per skepel ; and 
it is further ordered, that written notice shall be given tiiat 
said plantation and house will be sold on the 28*'' instant 
at the house of Philip Nys here in this city. Dated Fort 
Willem Hendrick, this V^ October 



M" John (Jgden 

Yesterday I sent You y* Instructions bij ij* waij of New 
Worke since that time I Received y"-^ of y^ 29"^ of Septemb"" 
last and Vnderstood out of y*^ same y^ proceedings of ijour 
people w**" y^ Indians of w'^'^ I do wal approve and accord- 
ing to your desire I wil alsoe Endeavour that Satisfaction 
maij be given by y*' Indians to y^ owners to w'^'' End I 
have once more thought tit that y^ Indian Sachem be sum- 
moned to appeare before me to give me satisfaction about 
it and that y* Messenger doth signify to him that I do 
much wonder that all y* Cheife Sachems hereabouts as also 
those of y'' Mohacks have bene here to present themselves 
unto me and that he onlij Remains Defective therein 
wherefore I would willingly Speake w*" him to know y* 
Reason ; and that T promise him of his Company freely to 
Passe & Repas without any Molestation you may alsoe give 
Order what goods he hath Tendred or yett shall tender to 
Restore y* people maij Receive from him and lett an ace' 
be sent me what y^ losse maij be of y* goods w''" still are 
wanting. You are also Requii-ed to send hether bij y*" 
lirst opportunity the armes <k other goods according to 
Inventorij formerlij belonging to y* Late Gouvern"* Car- 
trett and to Cause this Inclosed order of arrest to be pub- 
lished in your Severall Townes and to order y*^ severall 



IflT^] miNutRs of council of NF.W netheri.and. 130 

Clarkes to returne an ace* thereof unto you for to be pre- 
sented unto nie, And lett M'' Hopkins Exaniin uppon what 
Conditions y*" Tennants are Seated uppon the plantations 
of Capt" Carterett and acc^ thereof Returned unto me ; not 
Else at Present but that 1 am 

Your Loving ffriend 
Dated at ffort Willem (signed) A: Colvk 

Hendrick 14"' Oetob'' 1673. 



Proclamation for a day of Humiliation and Thanks- 
giving 

Trusty & Welbeloved 

Concidering the Manifold Blessings & favours w*^*" the 
Bountifull & Merciful god hath bene pleazed graciously 
to Bestow uppon this Province and the Inhabitants thereof 
amongst w'^'' is to be Esteemed beyond all othei-s the free 
<fe pure worshipp of god w''" Blessing together w*** all others 
ought Not only to drawe & oblidge us to dutifull thanck- 
fulnesse but also to meeknesse it Rependance because of 
our Manifold sins & Transgressions to tlie End the s*^ Bless- 
ings tt favours of our god may be Continued towards us it 
this People dc Country be free from this weldeserved 
Wroth & Indignation, Know Yee therefore that wee have 
thought it Necessar}' 6z do by these Presents order dz Pro- 
claime an universall day of fast humiliation ik thancksgive- 
ing w*^** shall be held w"'in this Province on the first 
Wednesday on every mounth ct begunn on the first wesnes- 
day of the next ensuing month of Decemb'" being Second 
day of the s*^ Month, & soo Alsoe uppon Every first Wednes- 
day of y'^ month thereunto Ensuing ; And to the End the 
s*^ day of humiliatioai ik thankxgiveing may bee the better 
put in practice A: due Execution, Wee do hereby strictly 
prohibite & forbid on the s*^ day of humiliation Thankx- 
giving all manner of Laboui' it exercizings of hunting 
flissliing gaming Excesse in drincking and the Lyke it all 



140 NEW JERSEY COLONIAL DOCUMENTS. [1673 

Inkeepers & ordinaris not to Retayle any Licquors or 
drincke iippon Penalty of Corporall Punisliraent, To the 
true p''foiniance of w''*' wee do liereby stricktly order & 
Comand all Magistrates officers Sz Justices of this Province 
& prolecnte against tlie Transgressions according to the 
Tetm'': thereof and to Cause this Proclamation to bee pub- 
lished in due time & place, Soo wee liecommand you to 
the Protection of the Almighty godt ; 
Trusty & welbeloved 

Your loving ftrinds 
In fort W" Ilendrick (: Signed :) Antony Colve 

this 15"' of Novemb"" 

(Ynderstood :) 

By order of the govern'' generall & Conncell of the Nieu 

Nietherlands. 

N: Bayard Secret^ 

Whereas some difference has arisen between M'' Jno. 
Berry and M*" William Sandford, both of whom requested 
that it may be referred to the court of the Schout and 
Magistrates of the town of Bergen, which request being 
considered by the Governor, the same is for tlie present 
granted and allowed. 

Done Fort Willam Hendrick this W^ 9'''% 1673. 



At a Council holden in Foi-t W"" Ilendrick, the 24"^ 
December, 1673. 

Present — Anthony Colve, Governor-General, 
Cornells Steenwyck, Councillor. 

The Sellout and Magistrates of the town of Bergen 
requesting that tlie inhabitants of all the settlements 
dependent on them, of what religious persuasion soever 
they may be, shall be bound to pay their share towards the 



1674] MINUTES OF COUNCIL OF NEW NETHERLAND, 141 

support of the Precentor and Schoolmaster, (fee, whicli 
being taken into consideration ])y the Governor and 
Council, 

It is ordered : 

That all the said inhahitants, without any exception, 
shall, pursuant to the resolution of the Magistrates of the 
town of Bergen, dated IS'*' X*'", 1672, and subsequent 
contirination, pay their share for the support of said Pre- 
centor and Schoolniaster. Dated as above. 



JVP John Ogden : — 

His honn'' tlie govern!" is Informed that at your Towne 
are Lying 2 or three pieces of ordinance for w"'' he hath at 
present occasion to make vse of, you are therefore hereby 
Kequired to Cause the s^ peeces to be sent hether w'" the 
hrst opportunity whereof you are not to faile. Soe have- 
ing not Else at present I rest— 

Your Loving ffriend 

(: Signed :) A. Colve 

ifort AVillem Heiidrick 
2 Janu-"" 1674. 



30*'' January 

The Governor-General having read and considered the 
petition of John Ogden, Sellout at Adder Col, requesting, 
in substance : 

First. The Governor-Generars ratilication of some ordi- 
nances enacted by the Magistrates, according to the copies 
thereof delivered in. 

2. That Samuel Moore on behalf of the foregoing hath 
some promissory notes in his possession against some of the 
inhabitants, which the Petitioner requests may be placed 
in his hands. 

3. Requests that the records of the late government 
may be lodged, under inventory, with the Secretary of' 
Aijliter Lol. 



142 NEW JERSEY COLONIAL DOCUMENTS. [1674 

4. That the Court may be authorised to sentence and 
inflict corporal punishment, such as flogging and lighter 
penalties. 

It is ordered : 

The Petitioner is directed to have the enacted ordinances 
translated into the Dutch language, when they will be 
examined, and if found suitable, ratified ; regarding the 
complaint against Samnel Moore, those interested in said 
notes can institute their action at law against him, and 
furthermore, it is granted to the Petitioner that the 
requested records shall be lodged, under proper inventory, 
with the Secretary there. The 4**' point will be taken into 
further consideration by the Governor and Council 

Thomas Johnson, inhabitant of New worke, at Aghter 
Coll^ is hereby permitted to proceed hence, in person, to 
New England and to remove thence and bring here his 
vessel and some goods lawfully belonging to him, on con- 
dition that he do not carry hence nor bring in here any 
letters contrary to the placard, and be bound, on his return, 
to surrender this permit and to report himself to the Gov- 
ernor-General here ; and all Captains, Commanders and 
other ofiicers of this Province, are hereby required to allow 
said Thomas Johnson to pass and repass this time. Done 
Fort Willem Hendrick, this 2" March, A" 1674. 



At a Council in Fort Willem Hendrick, Thursday 8*^^ 
March 1674 

Present — Governor- General Antony Colve, 
Councillor Cornells Steenwyck, 
M"" Cornells van Ruyven and 
Secretary Nicolaes Bayard, as assumed Council. 

Read and considered the petition of Bartholemew Appel- 
gadt, Thomas Appelgadt and Eichard Sadler, requesting 
in substance that they may be allowed to purchase from 



1674] MINUTES OF COUNCIL OF NEW NETHEKLAND. 143 

the Indians a tract of land situate about two leagues on 
this side of Middle Towne, near the Nevesings, fit for a 
settlement of 6@8 families, &c. Whereupon, it is ordered : 
The Petitioners' re(|uest is allowed and granted, on con- 
dition that after the land he purchased, they take out 
patents in form for it, and actually settle it within the space 
of two years after having effected the purchase, on pain of 
forfeiture. 



At a Council, 18**^ April, 1674, 

Present Governor-General Anthony Colve 
Councillor Cornells Steenwyck 
JVP Cornells van Ruyven and 

Secretary Nicolas Bayard, assumed Councillors and 
Fiscal Willem Kuyff 



John Bound and Richard Ilartshouren, residing at Mid- 
dletown, both for themselves and partners, give notice that 
the land granted to Bai'tholemew x\ppelgadt, Thomas 
Appelgate and Richard Sadler, on their petition, is included 
in their, the Petitioners', patent, requesting therefore that 
said land may be again denied to said Appelgate's. 

( )rdered : 

Petitioners shall, within six weeks from this date, prove 
that said land is included within their patent, when further 
order shall be made in the j)remises. 

A certain Proclamation being delivered into Council 
from the Magistrates of the Town of Middletowne, prohib- 
iting and forbidding all inhabitants from departing out of 
said town, unless they give bail to return as soon as their 
business will have been performed, or they be employed 
in the public service, &c, reipiesting the Governor's 
approval of the same ; which being read and considered, it 
is resolved and ordered by the Governor-General and Coun- 
cil, that no inhabitant can be hindered changing his domi 



144 NEW JERSEY COLONIAL DOCUMENTS. [1674 

cile within this Province unless arrested for lawful cause ; 
however, no one shall depart from the Town of Middeh 
toune unless he previously notify the Magistrates there of 
his intention. 

This day Councillors Cornells Steenvvyck and Cornells 
van Ruyven heard, by order of Governor Colve, in Fort 
Willem Hendrick, the claim of some Indians who assert 
that Sicakus, a small island situate behind Bergen, was not 
sold, but only Espatingh and its dependencies, and that 
other Indians blamed them for having sold land that was 
not theirs ; whereupon the deed of purchase being exam- 
ined and arguments further heard, they find the aforesaid 
island to be included in the sale made in January, A° 1658,' 
but not in the sale of the land of Espatingh, which being 
interpreted and explained to them by Saartie van Bersim, 
they say they did not know it ; propose that they ought to 
have a present of an anker of rum, which those interested, 
in order to obviate further dithculty, have consented to 
give them. 



In a Council, holden at Fort Willem Hendrick, this 24*^ 
May, 1674 

Present — Governor-General Colve 

Councillor Cornells Steenwyck and 
Secretary Nicolaes Bayard, assumed Councillor. 

Read and considered the petition of Samuel Moor, set- 
ting forth that he is aggrieved by a certain Judgment 
pronounced against him by the Schout and Magistrates of 
the Town of Woodbridge, requesting that the case may be 
taken up in appeal without bringing it before the dejnity 
Councillors, inasnmch as the Schout who presides over 
them and the Secretary are interested in the case. 

Ordered : 

The Petitioner in the ease in question is referred to the 
Court of the deputed Councillors at Aghter Col, whose 



1^74] MINUTES OF COttNCIL OF NEW NETHERLAND. 145 

Judgment must be pronounced on it before it can be takc-n 
up in appeal by tlie Governor and Council, and the Schout 
there is ordered and commanded to be careful that said 
Court be conducted pursuant to the Governor's order, and 
that impartial Judges be a])pointed over it who are no wise 
interested in the case or with the parties on either side. 

Read and considered tlie petition of [John] Berry, com- 
plaining that lie is aggrieved by a certain Judgment pro- 
nounced by the Court of the Town of Bergen between 
William Sandfordt, Pltff,, and the Petitioner, Deft, on the 
last, requesting, therefore, that it may be taken 
up here in appeal. 

Ordered : 

Fiat mandament in appeal for Thursday, four weeks. 

The Schout, Magistrates and Commonalty of the Town 
of Bergen, complaining, by petition, that over two years ago 
a question arose between the Petitioners and their depend- 
ent hamlets of Gemoenepa, Mingaghque and Pemrepogh 
respecting the making and maintaining of a certain com- 
mon fence to separate the heifers and steers from the milch 
cows and draft oxen ; which (piestion was referred, by the 
late government, to four arbitrators chosen by both sides, 
Avho decided, on the 10**' April, 1672, according to the 
certificate produced in Court, which decision Petitioners 
allege their constant willingness to obey, but it was at once 
rejected by their opponents ; therefore, request they may 
be ordered to comply -with said arbitration, or show cause 
for their refusal. 

Ordered : 

The inhabitants of the hamlets Gemoenepa, Pemrepogh 
and Mingaghque are hereby ordered and commanded 
promptly to regidate themselves according to the decision 
,of the arbitrators dated the lO"' April, 1672, or deliver in 
to. the Court of the Governor-General and Council, within 
the space of 14 days frpm the date hereof, any objection 
they will be able to produce against that decision. 



146 NKW .TERSKY COLONIAT, DOCUMEXTP. [IG^-i 

The Sellout and Magistrates of the Town of Bergen, 
complaining, by petition, that some of the inhabitants of 
their dependent hamlets, in desparagement of the previous 
order of the Governor-General and Council dated the 24^'* 
X*"^*" last, obstinately refuse to pay their quota to the sup- 
port of the Precentoi- and Schoolmaster. 

Ordered : 

The Governor-General and Council persist in their pre- 
vious mandate of the 24"' X'"^"" last and order the Sehout to 
proceed to immediate execution against all unwilling 
debtors. 



At a Council held in Fort Willem Heudrick, 15'*^ June, 
1674 
Present Governor-General Anthony Colve, 

Councillor Cornells Steenwyck, 

Fiscal William Kuyff, and 

Secretary Nieolaes Bayard as assumed Committees. 

On petition of Lourens Andriese, Samuel Edsall and 
Dirck Claesen, agents of some hamlets dependent on the 
town of Bergen, requesting that the Sehout and Schepens of 
said towns be ordered to leave the Petitioners undisturbed, 
respecting a* certain fence in dispute between them, or to 
cause the Petitioners to be suhimoned, and to institute 
their action in this case, before the Governor, &c. 

Petitioners are again ordered pursuant to the previous 
instruction, to deliver into Court within 14 days, their 
objections in writing to the award given by the arbitrators, 
on pain of discontinuance witliout being heard any more 
in the premises. 

On petition of Lourens Andries and Joost van der Linde, 
agents for the inhabitants of Mingagqu6 and Pemrepogh, 
requesting to be excused from contributing to the support 
of the schoolmaster at Bergen, (fee. 

Ordered : 



1674] MINUTES OF COUNCIL OF NEW NETHERI.AXD 14? 

Copy hereof to be furnished the Magistrates of the town 
uf Bergen, to answer the same. 

On petition of Daniel Denton and John Gihnan, agents 
for the inliabitants of the Town of Piscattaway, at Aghter 
Coll, in regard to some valleys in dispute between them 
and the Town of W'oodbi'idge. 

Ordered : 

The Governor-General and Conncil decree and direct, 
that this case in dispute between the Towns of Piscattaway 
and Woodbridgey must be decided by the Court of Sellout 
and deputed Councillors, to whom shall be added some 
persons in consequence of the present small number of 
their Boaixl. 

On the petition of the Sellout and deputed Councillors 
of Aghter Coll, requesting, farther explanation of the third 
Article of their Ins>tructions and that some persons may 
be added to their Board in order to decide the matter in 
question between the Towns of Woodbrige and Piscatta 
way, 

Ordered : 

Whereas the question is between two Towns and not 
between man and man, as mentioned in the '6'^ Article of 
the Instruction, tlierefore said case can be decided only by 
the Court of Schout ond deputed Councillors, to whose 
number, on the Petitioners' request, shall be added some 
more persons for the decision of the case. 

Anthony Colve for their High Mio-htinesses the Lords 
States-General of the Ignited Netherlands, and his 
Serene Highness the Prince of Orange, &c, Governor- 
General of New Netherland, together with the Council 

To all those who shall see these presents or hear them read 
Greeting, make known : 

Whereas, we are informed by the Schout and deputed 
Councillors, of th-e respective towns situate at Aghter Coll, 



1.48 NEW JERSEY COLONIAL DOCUMENTS. [^^^"^-^ 

that between two of said towns, namely Piscattaway and 
Woodbridge, a diiFerenee has arisen in regard to certain 
valleys in dispute between them, and that process has 
issued thereupon before the deputed Councillors aforesaid, 
who, in consequence of the small number of their Board, 
caused by the exclusion of the two Deputies from said 
interested towns, tliey cannot decide said case, requesting 
therefore that some persons may be added to their Boai-d 
for the decision of said question ; therefore the Governor- 
General and Council have resolved to add some persons to 
said Board, and to that end have appointed and qualified, 
do hereby appoint and qualify Mr. John Lawrence as 
President, Mr. Kichard Betts, and Mr. James Hubbert, 
who are commissioned with the aforesaid Board of Schout 
and deputed Councillors, on a certain suitable day to be 
previously fixed by the Schout, to hold a session and Court 
within the Jurisdiction of said deputed Councillors, and to 
debate, examine and decide the case in dispute between 
the above-named, according to law ; and the parties in 
question, with their witnesses, and all others whom these 
may in any wise concern, are ordei-ed and directed to 
acknowledge the abovementioned additional members and 
Councillors, or any four of them, as their lawful judges, 
being representatives of the Board of deputed Councillors 
of said Towns and promply to obey their orders. Done 
Fort Willem Hendrick, this 17**> June 1674. 



At a Council in Fort Willem Hendrick, this 21'' June, 
1674. 

Present — The Governor-General, 

Councillor Cornells Steenwyck, 

M^ Cornells Van Ruyven and 

Secretary Bayard, as assumed Councillors ; and 
: Captain Willem KuyfiE, Fiscal. 



1074] MINUTES OF COUNCIL OF NEW NETHERLAND. 149 

John Berry being already allowed to appeal from the 
Judgment pronounced between him and William Sandfort, 
in case of injury by the Court of the Town of Bergen, 
dated IV^ 9*"^'" last, a mandamus is accordingly this day 
ofranted him. 



At a Court held in Fort Willem Hendrick, on the 5*^ of 

July 1674. 

Present Governor Anthony Colve, 

Councillor Cornells Steenwyck, and ' 
Secretary Nicolaes Bayard, as assumed Councillor. 

7^'^ July 1674 

Read and considered the petition of William Meaker 
and Thomas Thompson, residents of Elizabethtown, at 
Aghfe?' (hll, complaining that Samuel Moor did, contrary 
to the order of the deputed Councillors of Aghter Coll, 
refuse to deliv-er up the bail bond executed by the Peti- 
tioners on 26*^ June, 1673, to Capt" John Berry, then 
Deputy Governor, to apjjear before the next Bench and 
there to answer the complaint of Thomas Pardon, &c, 
requesting, further, that said Moor may be commanded to 
comply with the order of the deputed Councillors, by 
delivering up said bond, 

Ordered : 

The Governor-General and Council having seen that 
Samuel Moor doth, as it appears, in disparagement of the 
orders of the deputed Councillors, neglect to deliver up the 
bail bond of the Petitioners' to Secretary Samuel Hopkins? 
M"" John Ogden, the Sellout is hereby instructed and com- 
manded to put in immediate execution the said order of 
the deputed Councillors against said Samuel Moor, and 
demand said bail bond, or, in case of further refusal, to 
apprehend said Moor and send him a prisoner hither. 

On the petition of Daniel Dantom and John Gilman, 
agents for the Town of Piscatteque, complaining of the 



150 NEW JERSEY COLONIAL DOCUMENTS. [1674 

dilatory exceptions made by Samuel Moor and Pike, 
respecting the retention of the Petitioners' valleys, request 
to be maintained in their good right, &c 

Ordered : 

The Petitioners may cite their parties herein before 
Mess''* John Lawrence, Kichard Betts and James Hubbert, 
and the Court of deputed Councillors appointed by previ- 
ous commission to hear and determine the matter in ques- 
tion between the Town of Woodbridge and Piscatteque, 
Therefore are the Petitioners again referred to said Court, 
which Ib hereby recommended, upon due examination of 
affairs, to cause quick right and justice to be administered 
to parties. 

Captain John Berry, Pltff, in appeal, 

againf<t 

W Sandfort and Schout Claes Arentsen, conjoined Defis 

Pltff. complains that Defts. have instituted an action 
against him, before the Court at Bergen, for carrying off 
some hogs which he claims to be his own property, and 
have thereon obtained judgment, as if he had obtained 
those hogs in a scandalous manner, by stealing ; requesting, 
for reasons more fully set forth in his petition and applica- 
tion for appeal, that judgment of said Court pronounced 
ll'h 9ber j^st, bc annulled, and the Pltff. relieved from this 
scandalous action, &c. 

Schout Claes Arentsen appearing, answers and recpiests 
that Deft, [in the Court below,] be ordered to prove that 
they were his hogs ; says further, tliat the Court aforesaid 
have not condemned the Pltff. of theft, but of inconsiderate 
removal of the hogs, without the consent of any officer, &c 

Appellant acknowledges having rashly removed said 
hogs without consent, thinking they were his own, requests 
therefore to be excused, &c. 

Governor-General and Council having heard parties and 
examined and investigated the papers and documents pro- 



1674] MINUTES OF COUNCIL OF NEW NETHERLAND. 151 

rhiced on both sides, declare the appellant in the case, not 
guilty of the suspicion of theft, yet finding that he hath 
gone too far in the inconsiderate removal of the hogs, 
without having previously obtained consent to that effect, 
and modifying the judgment of the abovenamed Court, 
condemn the Appellant herein in a fine of one hundred 
guilders light money, with restitution of the removed hogs, 
on valuation of arbitrators, unless he will within 6 m. be 
able to prove that they were his own hogs, and pay the 
costs herein incurred. 

On the petition of Joost van der Linde, and Hendrick 
Spiers, each is allowed a piece of land for a bouwerie, each 
piece 25 morgens, beginning opposite Schutter's Island, and 
further westerly' along the Kill van Koll. 

Lynjar Jacobse complaining, by petition, that he is 
grossly calumniated by the false accusation of Dirck Ger- 
ritse, as if the Petitioner had committed a very shameful 
and scandalous action, requesting Justice in the case against 
the accused, vfec. 

Ordered : 

The Magistrates of the town of Bergen, are ordered 
legally and publicly to summon Dirck Gerritse within H 
days, and to proceed against him according to law, on Peti- 
tioner's complaint or else to put their previous judgment 
against him into execution. 

The Governor and Council of New Netherland, having 
seen the complaint of the town of Bergen against the 
inhabitants of the villages of Pemrepogh, Mingagquy, &c, 
and the answer gi\en by them, in regard to what the 
inhabitants of Pemrepogh and Mingag(|uy, aforesaid, owe 
for the support of the Schoolmaster, and ])recentor of the 
town of Bergen, it is after due inipiiry resolved and 
ordered, that the inhabitants of Pemrepogh and Mingag- 
quy, shall prom ply pay their share for the support afore- 
said, on pain of proceeding against them with immediate 
execution. 



152 NEW- JERSEY COLONIAL DOCUMENTS, [1674 



WiUiam Hayes' Affidavit Ahout the Taking of Nev) York. 

[From -'New York Colonial Documents," Vol. III., p. 213.] 

Affidavit of M"* W*" Hayes concerning y*^ taking of 
New York ^ 

This 2" of December 1673 W"^ Hayes of London Mer- 
chant personally appeared before me, & being by, mo 
examined, did declare that he the said Hayes being a pris- 
oner in Virginia, on board the Dutch Admirall Euertson 
of Zeeland in Company w**^ Binkhurst Admirall of Am- 
sterdam in company w*^ fine other f rigotts & a tire ship, . 
who had taken eight Virginia Merchant ships, & snnke 
fine after a hott dispute, & the saide Duttch fleete w*^ their 
prizes being goeing out of James Kiver mett w*'' a Sloope 
then come from New Yorke which sloope they took tt 
Examined the Master in what condicon the said New Yorke 
was as to Itts defence, k, promised the said Master by name 
Samuell Dauis to giue him his sloope againe & all that 
they had taken from him iff he would tell thein the true 
state of that place, who told them in y*= hearing of this 
Examinant that New Yorke was in a very good condic'on, 
& in all respects able to defend itselfe hauing receiued a 
good supply of amies et ammunic'on from , his Koyall 
Highness the Duke of Yorke w*** aduice of their designe 
on that place w*"^ made them resolue to steere another 
course, & not goe to New Yorke, when one Samuell Hop- 
kins ^ a passenger in y^ said sloope, & Inhabitant at Arthur 

1 Samuel Hopkins was an early settler at Elizabethtown, and always identified 
with those hostile to the adniiMistratiou of Philip Carteret, and the intere.sts of the 
Lords Proprietors. Having taken part with James Carterei in his attempt to subvert 
the established government, he seems to have become so intimately associated with 
him, as to take passage, in 1673, in the sloop of Samuel Davis, for Carolina, along with 
Carteret and his wife ; but the vessel having been seized, and Carteret put ashore. 
Hopkins availed himself of the opportunity aflbrded by his examination, to give the 
Dutch commander such information, as might induce him to carry out the intended 
attack on New York, and lead to the displacement of the Proprietors' authority in 
New Jersey. [See aide, page I'il.l Success having attended the expedition, the 
good olBces of Hopkins were not forgotten ; and, for a time, he was associated as 
Secretary, with John Ogden as Schout, in the government established over the 
province by the Dutch. See Hatfield's ' Hi.story of Elizabeth." Eu, 



1674] LETTER FROM CHARLES II. 153 

Call in New England, & a professor there did voluntarily 
declare to y'' Dntch that what the said Dauis had informed 
was alltogether false, that New Yorke was in no condicon 
to defend itselfe ag* the Dutch, But they had few canons 
mounted and those that were upon such rotten cariages 
that one discharge would shake them to peeces & dismount 
the Canon ; that there were l)ut few men in armes in the 
ffort, that any considerable number could not l)e easely 
drawne together, that the Governo'' was absent, being gone 
to Canedicott to visitt (4overno'' Winthorpe all w*^'' encour- 
aged the Dutch to visitt that place, w*^'' M^as presently taken 
by them ; Where the said Hopkins yet continues, & had 
encouraged the Dutch to proceede to the takeing of Arthur 
Cull hauing discovered to them allso the weakenes of that 
place ; And this Exarainant saith that the said Hopkins 
had formerly made his aboade w'*^ Cap^ James Cartrett, & 
farther saith not 

This Examinac'on was taken the day and year abouesaid 
|) me Edwyn Stede 



Lttter from Charles If., (hncernim/ Ohedience to the 
Govertiinent of Sir George Carteret. 

[From " Grants and Concessions." p. 49.] 

Charles M. 

Trusty and well beloved, we greet you well. Whereas 
our right trusty and well beloved Councellor Sr George 
Carteret Knight and Baronet^ by Grant derived under 
Us, is seized of the Province of jVew-(/a'6<frea, or ]\eir- 
Jersei/, in America, and of the Jurisdiction thereof as 
Proprietors of the same, in the Plantation of which said 
Province, the said Sir George Carteret, hath been at great 
Charge and Expence ; and whereas of late, great Troubles 
and Disorders have happened there by some ill affected 
Persons. We being willing and desirous to encourage the 



154 NEW JERSEY COLONIAL DOCUMENTS. [16Y4 

Inhabittin^ and Planting of the said Province, and to pre- 
serve the Peace and Welfare of all our loving Subjects 
residing there, we do therefore hereby require you in our 
Name, to use your most endeavours to prevent all Trou- 
bles and Disorders there for the future ; and strictly to 
charge and. command all Persons whatsoever inhabiting 
within the said Province, forthwith to yield obedience to 
the Laws and Government, which are or shall be there 
established by the said Sir George Carteret, who hath 
the sole Power under us, to settle and dispose of the said 
Country, upon such Terms and Conditions as he shall think 
fit ; and we shall expect a ready complyance with this our 
Will and Pleasure, from all Persons whatsoever, dwelling 
or remaining within the same, upon Pain of incurring our 
high Displeasure, and being proceeded against according to 
Law, whereof yon are to give publick Notice to all Per- 
sons that are or may be concern'd. And so we bid you 
farewell. Given at our Court at Wrndso7', the 13th Day 
of June, 1674. In the 2f)th Year of our Keign. 
By his Majesty's ComhMndy 

Arlington, 



Proceedings of Court m Relation to Differences Betv^een 
Plscataway and Woodhrldge . 

[From -N. T. Col. MSS.." Secretary's Office. Albany. Vol. XXIIL. page35i-.] 

According to Speciall Commission Ifrom his Honour, 
the Governour, the Court was holden [at] Elizabeth 
Towne, the 23rd Day of June 1674. The said Court 
Received and Heard the Com [plaint] of the Inhabitants 
of Piscattaway by there Agents in a Declaration by them 
Exhibited which Decla [ration] Being against some particu- 
lar persons of Woodbridge and not against the Towne in 
Generall the [said] Persons refused to Joyne Ishue in the 
case, as by an exception by the said persons produced (now 



1674] I'ISCATAWAY VKKSrS WOODBRIDGE. lo5 

[by the] hands of the PrcBident. Mr. John Lavvrance) 
before me thereunto had Dotli more at lar^e app [ear,] 
whicli said Exception did Interdict and stop the Courts 
further Course of Process, There Commission [be | in^ 
Expresse to heare and Determine a Difference between 
Twoe Townes viz: Piscattaway and Woodbr[idge] not- 
withstanding Tlie Conrt spent much time in Hearing both 
Plaintiffs and Defendants Theire an [swers] and affirma- 
tions Touching the said Case, by all which the Court is 
made sencible That the Inhabitants [of] Woodbridge are 
Possessed of a considerable Part of nieadoe which the 
People of Piscattaway did fformerly pur [chase] of and 
from one Daniell Peirce and was bounded ont to them by 
him w"^ said bounds was approved [by] Phillip Carteret, 
then Governour and by his order was Recorded, moreover 
some of the Woodbridge men w[ere] prosecuted against 
by the plaintiff's, have acknowledged before the Court that 
they judge the Plaintiffs have sustayned wronge, and that 
they have right to a Third part of a Certaine Purchase of 
Land made by the said Peirce ffrom the sd Governour and 
John Ogden and Luke Watson which Third Part of Land 
(if could be obtaijned) the Court doth strongly conjecture 
would satisfie the Piscattaway men. 

By Order of the Court 

J. Hopkins Sec' 



Petitum from the Tnhahitants of Toums In Attc Jersey for 
Confrmation of their Privileges. 

[From X. Y.Col. MSS.," Secretary's Office, Albany, Vol. XXIII., p. 3fi7 ] 

To the ITunoiimble Governour Generall of New 
Netherlands and his Counsell at New Orange. 

May your Honour please, the Lords Commanders and 

Counsell of Warr Agust in answer 

to a petition })resented to them by the people and Inhabit- 



156 NEW JERSEY COLONIAL DOCUMENTS. [1674 

ants of Elizabeth [towne] Kewarke and Piscattaway did 

promise the petitioners should unmolested 

. . . . pos'sess their Legall bought and payd for Lands 

which by the (iovernour should a ts forme 

be confirmed to them. And that the said Townes shall 
have alowed [them] the same privileges and freedomes 
that to the natural subjects and Duch nations shall be 
given : and that freedome & Liberty of Conscience shall 
be allowed to them according as the same is in the Nether 
Lands. This Confirmation According to forme (viz : That 
wee & our heires and assigns shall forever in joy our Pos- 
sessions and Purchased bounds in After Coll., in the tenure 
of freeholders and Rightful Possessours aud Inheritors 
thereof) your Honour's petitioners do humbly desire may 
be granted to them according to former Promisse. Soe 
shall you greatly oblige your humble petitioners. 
Newark, June 29. 1674. 

In the name of the Towne, 

John Brown Jun'' Recorder. 

For Elizabeth Towne 

Jacob Mel yen 

In the behalf of the Towne of New Piscattaway 
Danikll Denton. 



Commission (f Major Edinund Aridros^ to he Governor 
of New YorT^. 

[From "New York Colonial Documents, " Vol. III., p. 215,1 

James Duke of Yorke and Albany, Earle of Ulster, &c 
Whereas it hath pleased y'' King's most Excellent Ma'*' ray 



1 Edmund Andkos, Seigneur of Sansmarez, was bom in London December 6th, 1637 . 
His ancestors were from Northamptonshire, but in the sixteenth century became con - 
nected with the island of Guernsey, and by marriage the tief of Sansmarez came into 
the family. Edmund, with some of his immediate family, having continued loyal to 
Charles the Second, during all the disturbances of the period, was rewarded by being 
made Gentleman in Ordinary to Elizabeth Stuart, Queen of Bohemia, the King's 
aunt : and subsequently distinguiiihed himself in the war against the Dutch, which 
pndgd in 1667, and in 1673 was commander of the forces in Barbadoes, and was con. 



16741 COMMISSTOX OP GOVERNOE AKPfeO.^. 157 

Soveraigne Lord and brother bv his Lett"^ Patents to ffive 
and errant unto Mee and my hevres and assignes all that 
part of ve Maine Land of New England beginning at a 
eertaine place called or knowne bv y* name of S* Croix 
next adjoyneing to 2sew Scotland in America and from 
thence extending along y*' sea Coast nnto a eertaine place 
called Pemaqnin or Pemaqnid and soe up the Kiver there- 
of to y^ furthest head of the same, as it tendeth North- 
wards and extending from thence to the Kiver Kinebe^^ni 
and soe vpwards by y* shortest course to y* River Canada 
northwards. And also all that Island or Islands comonly 
called or knowne by y^ severall names of Matowacks or 
Long Island scitnate lying and being towards y* West of 
Cape Codd and y* Narrow Higansetts abutting upon y* 
maine land betweene y^ two rivers there called or knowne 
by y*" severall names of Conecticut and Hudsons River 
together also w^ y* said river called Hudsons River and all 
y'^ laud from y* West side of Conecticut river to y* East 

sidered as paraeuUriy well versed in Americaa aj&irs. In April of tliat j&u Andioe 
was promoted to be major of a reajmeni of horse, directed to be armed "wrih the bay- 
onet or great tQife." this being its first introdnction inte the English army. In the 
same vear. in consideration of his pabUc services, he had the digtutr of a Laadgrave 
of Carolina bestowed apon him by the Palantine and Pn^riel<»s. with 4».QiiJ0 atmss ot 
land. His father died in ldT4. and he became Seigneor of the Flefe and saeteeded to 
the office of Bailiff of Gnemsey. The same year, his regimeni having been disbanded, 
he was commissioned by the King to receive Xew York and its depeBdeneies fitom the 
Dutch, in ao<?ordance with the treaty of peace, and was appointed Goxemar Genecal of 
that province. He arrived at Xew York in November. 1674. aeeoBpaaied by his wife 
Having returned to England in November. 16T7, he was knitted by Charles tbe See 
ond the following year, and in May sailed again for New York, tw inging with him as 
his Chaplain the Eeverend Chailfis Widley. A. II. AnriTiBg on tbe Tth of Ansost. ha 
resamcd the sovemment and administered it until 16S1, when he was ordered to £ng- 
land. and the following year was sworn Gentleman of the Kings Privy Chamber. In 
lijet. James the Second appointed him Governor Captain General and Viee-Admiral of 
Xew England : and in loeS New York and New Jersey were also placed nnder his jaris- 
diction. An acqaaintance with the local histories of the different ecrtflnifts plaiofy re- 
veals the unpopularity of his administratioD of their affairs — ^Xew -Jersey not being 
excepted. He was deposed trom his posititm in Xew England in ItB^. in conseqaence 
of the success of the revolution in &vor of William and Mary, and sent home in IS*'. 
He continued, however, in lavor with the Court, and in ItSe was appointed GoveiBor 
of Virginia, and continued there until liSe, having succeeded in administrating the 
a^&irs of the colony in a way to secure the favor of the pecqole. In 11W. Queen Anne 
conferred upon him the government of Guernsey, whiek he bdd for two years. He 
was then appointed Bailiif. and held that onice until his deatb, in 1714. aged TS ; which 
occurred in the parish of St. Anne. Westminster. AJthoa^ married three times, he 
left no issue. See note of Dr. O Caliaghan, N. Y. C(d. Docts., VoL II.. p. T*}. Ed. 



158 NEW JERSRY COLONIAL DOCUMENTS. [1674 

side of Delaware Bay, and also all those severall Islands 
called or knowne by y*" name of Martine Yynyards and 
Nantukes otherwise Nantnkett, together with all the 
Lands islands soiles rivers harbours mines mineralls quar- 
ryes woods marshes waters lakes fishings hawking, hunting 
and fowling and all royaltyes, and proffitts eomodityes and 
hereditaments to y*" said severall islands lands and prem- 
ises, belonging and apperteyneing with their and every of 
their appurtenances ; To hold y* same to my owne proper 
use and behoofe w*** power to torreet punish pardon govern 
and rule y'' inhabitants thereof by my selfe or such depu- 
tyes Comiss'"' or officers as I shall think fitt to appoint, as 
by his Ma"^" said Letters Pattents may more fully appeare.* 
And whereas I have conceived a good opinion of the 
integrity prudence ability and fittnesse of Major Edmund 
Andros to be employed as my Lieutenant there. I have 
therefore thought fitt to constitute and appoint him y^ said 
Major Edmund Andros to bee my Lieut* and (Tovernour 
within y' lands islands and places aforesaid to performe 
and execute all and every y^ powers w'^*' are by y^ said 
letters Patents graunted unto Mee to be executed by Me 
my Deputy Agent or Assignes To have and to hold y'^ said 
place of Lieutennant and Governour unto him y*" said 
Edmund Andros Esq"" but dureing my will and pleasure 
only, Hereby willing and requireing all and every y** inhab- 
itants of y^ said lands islands and places to give obedience 
unto him y*" said Edmund Andros Esq' in all things accord- 



1 The commissiou to Thomas Dong ax as Govenior of New York, dated at St. 
Jamee. September 30th, ieS2, is of the same tenor as this commissiou to Andros, 
excepting that it includes, after the words "fully appeare," the following passage : 
•• And whereas 1 have since for divers good causes and considerac'ons by severall 
iustrum'ts undr my hand and seaW bargained sold released and conttrmed unto Sir 
George Carterett (late Vice Chamberlajne to His Ma'ts Household) and bis heires, and 
unto Edward Billing and others and their heires, all ye tract of land (p'rcell of ye 
pr'misses) comouly called or knowne by the names of East and West New Jersey, 
scituate on the West side of Hudsons River according to certaine Boundaryes more 
particularly expressed in ye s'd sev rail instrum'ts and undr certaine rents and cove 
n't» as therein relacon being thereunto had may more fully appeare. " Then follows 
the conferment of the authority upon Dongan to be his Lieutenant and Governor with 
in the said lands, " except the said East and Weit Jersey." Ed. 



jtM4_, 



PleCATAWAT TEBSI* WOOI^EIBGI. 



15(* 



iiitr Tc T"' tenure od Hie Ma*' Xiettei? PalentB. And r*^ said 
Ednmnd An drag ieq- tc obeerv* follow and execute sueL 
orderf and directiong as hi; siiall from lime xo Tone Teoerp-e 
irom myselifc. Given raider mr band and seall at Viad- 
sor tiiii- iirsi of Jnlr lfT74 ^ 




Ijt eoniniand of Bis 



^€^ 



.Jeci»i.09i of' Ute -Court Mmj^kijg Jj^'erenee^ Hekne&ii 
J^iseatamay mid 'Woodhridge. 

iTVmr ' JS.X.D«l.ifflS. ' Secretarr * Offiec. Albany "^ol \ M I ! i- sr: 

I HE Jin>6EMEKT <t DeTEEMINATIOK OT T* CoISI Off 
"COMITTEES. 

At a ConTt of Camittees ho] den at fiiizalteth T^own in 
Afier Goll ye 17^ &l 19^ da^^ of Julr by a speeiall Comit- 
sion firom ids honor ye Governor bearing date ye 1^' oi 
JtiIt 1674 afoTesayd fior ye hearino: d: determining a ease 
in differenee Bexween ye to^n of Piseattaway on y* one 
uart plentive' and y* town of Woodbridgre on y« other part 
difien [dant" abom their rights and titles of land^ and 
Madc»ws in ConxraveiST have- heard and examined ye plea 
and proofs £if bolii party* who did ihsu and there prodnee 
each other's rigrhts by pnTchas af :^n deed* <S: 

fviofii-r^ orieinallr and by record ^^e Xv appeal 

toffether w^ their witnesses affirming &: «ivii^ 
tc?.iimoiiV tC' manr parti enlar ci"'- - -^ relai . 
premiates- npon ye whole proeesse J- . - ^ - 1 both p- 
<)ouTt doth f&nd y^ the afforesayd pientdvee A: defendants 
have a jtbst and risht tc each of them a tract oi knd eon- 



160 NEW JERSEY COLONIAL DOCltMENTS. [1674 

tayning upland & Medows ffor ye settlement of each their 
plantations & that ye devision of ye bounds thereof hath been 
layd out by ye surveighors deputed & authorized by ye then 
Governor (ffor ye time being) of ye saj'd place & province 
as by their records doth plainly appear but fforasmuch as 
it was acknowldged by ye deifendants that their devission 
was never legally made by setling ye east bounds between 
ye towns ye court doth declare ye ground of difference to 
arise ffrom ye aforesayd surveiors who have not made that 
exact and equall devission they should have done to ye just 
satisfaction of both parties and therefore ye Court doth 
judge and determine that a sworn surveighor unconcerned 
to either part}' wlioni our governor shall think lit to 
appoint should make a just and exact devission of ye sayd 
lands & medows & each party according to tlieir sayd 
rights to be quietly possessed thereof each party in the 
proces to bear there own charges unles it doth appear M'hen 
the devission is made that either of ye sayd partys have 
intrenched upon each others limits & that whilst this 
devission is made they shall without molestation cut or 
mow their grass or hay within the limits of ye whole. 
This wee publish as our judgement & decree at elizabeth 
town as aforesayd this IS*** day of July 1674, 
By order of the Court as afforsed 

A True Coppy pr J. Hopkins Sec'y. 



Warrant to Prepare a Patent to Sir George Carteret for 
Kaxt Jersey. 

[From " New York Colonial Doiuments," Vol. III., p. 223.] 

Whereas, the King my Soveraigne Lord and Brother 
hath beene pleased by his letters Patents under the Great 
Seal of England to give and graunt to me and my heires 
All that part of the main land of New England in America 
now called by the name of New York together with Long 
Island and severall lands and territories in the said Lre's 



1674] ORDER FOR PATENT TO SIR GEO. CARTERET. 161 

Patents more at large expressed; And WhereaK I have 
thought fit to give and conferr upon Sir George Carteret 
Vice-Chamberlaine of His Ma'* Household and his heires, 
All that tract of land adjac' to New England and Ijeing 
and being to y" Westwards of Long Island and Manhatans 
Island, and bounded on the East part by the maine Sea, 
and part by Hudson's River, and extends Southwards as 
farr as a certaine Creeke called Barnegat, being about y*" 
middle betweene Sandy Poynt and Cape May, and bounded 
on the West in a streight lyne from the said Creeke called 
Barnegat to a certaine Creeke in Delaware River next 
adjoyning to and below a certaine creeke in Delaware 
River called Rankokus Kill, and from thence up the said 
Delaware River to y^ Northermost branch thereof which is 
in 41 Degrees and 40 minutes of Lat. and on the North 
crosseth over thence in a streight lyne to Hudson's River 
in 41 Degrees of Latitude ; These are to will and require 
you forthwith to prepare a bill to passe my signature con- 
teyning a graunt of y*^ aforesaid lands to the said Sir 
George Carteret and his heires, reserving the annuall rent 
of Twenty Nobles to me and my heires ; and you are to 
insert such apt clauses as jiiay make my said graunt effec- 
tuall in law to the said Sir George Carteret and his heires. 
Provided that this Warr^ be iirst entered with my Audif 
and for so doing this shalbe your Warr"^ Given und"" my 
hand at Wydnsor this 23"' of July 1674 James 

To Sr Francis Wvnnin(;ton Knt: my Attorney Gen" or 
Sir John Churchill my SollT Generall 



LeoM from Jaiite.s, Duke of York, to Su' Gtorgv Carteret, 
for the Northern Half of New Jersey. 

[From Original in New Jersey Historical Society Library.] 

ihiiSi gttCUUtUr^ made the Eight & twentyeth Day of 
July in the Six and twentith Yeare of the Raigne of our 
Soveraigne Lord Charles the second by the grace of God 



162 NEW JERSEY COLONIAL DOCUMENTS. [1674 

of England Scotland ffrance and Ireland King Defender of 
the faith &c Annoq Dom' One thousand Six hundred 
Seaventy and fower Wvcttnt his Ro^'all Highnes iameiS 
Duke of Yorke and Albany Earle of Vlster Lord high 
Admirall of Scotland and Ireland of the one parte, and Sr 
George Cartrett of Saltnim in the County of Devon Kn*' 
Vice Chamberlaine of his Ma"*^^ household of the other 
parte WitneiSliSeth that his said Royall Highnes James Duke 
of Yorke for and in Gonsideracon of the sum'e of Tenn 
Shillings of lawfull money of England to him in hand paid 
before the ensealing and Delivery hereof by the said ST 
George Cartrett forever by these presents |0iath bargained 
and Sold and by these presents doth bargaine and sell vnto 
the said S!" George Cartrett ^\\ that Tract of Land adjacent 
to new England and lying and being to the westwards of 
long Island and Manhatam Island and bounded on the East 
parte by the said Maine Sea and parte by Hudsons Eiver 
and extends Southward as far as a certaine Creek called 
Barnegatt being aboute the middle betweene Sandy point 
and Cape May and bounded on the West in a Streight line 
from the said Creek called Barnegatt to a certaine Creek 
in Delaware River next adjoyneing to and below a certaine 
Creek in Delaware River called Rankokus Kill and from 
thence vp the said Delaware River to the Northermost 
branch thereof which is in fforty one Degrees and fforty 
minutes of Latitude and on the North crosseth over thence 
in a streight line to Hudsons River in fforty One Degrees 
of Latitude which said Tract of land is hereafter to bee 
called by the name or names of new Ceserea or new Jersey, 
And alsoe all Rivers Mines mineralls woods fishings 
hawkins hunting and fowling, and all Royalties protfitts 
co'modities and hereditaments whatsoever to the said 
Lands and premisses belonging or apperteyning with their 
and every of their Appurten'nces, and the Reverc'on and 
Reverc'ons Remainder and Remainders thereof ®0 have and 
to UxoU the said Tract of Land and premisses with their and 
^very of their Appurten'nces vnto the said S' QeQx^e 



1674] DUKE OF YORK TO SIR GEO. CARTERET. 163 

Cartrett from the day of the date of these presents vnto 

the full and terme of One whole years 

from thence next ensuing and fully to bee compleate and 
ended Hyirihlinc| and payinji therefore vnto his said Royall 
Highnes' James Duke of Yorke his heires or Assignes the 
Rent of a Pepper Corne vpon the tfeast of the Nativity of 
S^ John Baptist which shall he in the yeare of our Lord 
God one thousand six hundred Seaventy and ffive only (if 
the same shall be lawfully demanded ^n Witneis^'f thereof 
the parties to these presents have Interehan^ably sett their 
hands and seales the day and yeare first above written. 

May it please yo*" Royal Highnes James 

this containes a bargaine of sale 
for a year from yo"" Royal Highnes 
to S*" George Carteret of y^ lands 
above menc'oned 

ff R A : A \" I N N I N ( tTOX . 
|0n the back. I 

Sealed and delivered in presence of 

WiNDESoK 

Jo Werpen: 



Ttehrinf- from James, Duke of l.ork\ to Sir (iftrrge Carterei, 
for New Jerseij. 

I Fiojii ()ri;;inal in Library of New Jersey Historical Society.] 

(This indenture made this Nine and twentyeth day of 
.Tulv in the Six and tweiitv'th veare of the Raigne of our 
Soverayne Lord Charles the second by the grace of God of 
England Scotland France and L-eland [King] Defender of 
faith &c Annoq. D'no One thousand Six hundred Seaventy 
and ifower ^ctirecnc his Royall Jlighnes f ame.si Duke of 
Yorke and Albany [Earl of Vlster Lord] High Admirall 
of Scotland and L'eland of the one parte, and S^ George 
Cartrett of Saltrum in the Countv of Devon Kn' Vice 



1«^4 NEW JERSEY COLONIAL DOCUMENTS. [1674 

[Chamberlain] of his Ma"*"* [household] of the other partf 
Vherea;Sr his Ma^^* King Charles the second by his Letters 
Patents vnder the great Seale of England bearing date the 
twenty ninth day of June in the twenty sixth yeare of hit 
said Ma"^* Eaigne 2id for the Considerac'ons therein men 
c'oned give and grant vnto his said Royall Highnes Janiej 
Dnke of Yorke his Heires and Assignes ^ 3^11 that parte od 
the maiue Land of new England begining at a certaine 
place called or knowne by the name of 8' Croix nexl 
adjoyning to new Scotland in America and from thence 
extending along the Sea Cost vnto a certaine place called 
Pemaqniue or Pemaqnid and soe vpp the River thereof tc 
the furthest head of the same as it tendeth Northward 
and extending from thence to the River of Kenibeque and 
soe vpwards by the shortest Coui-se to the River Canad? 
northwards And alsoe all that Island or Islands com*onl\ 
called by the severall name or names of Matowacks or lono 
Island scituate and being towards the west of Cape Code: 
and the narrow Higansetts abutting vpon the maine lane 
betweene the two Rivers there called or knowne by the 
severall names of Conectecutte and Hudsons River, To 
gether alsoe with the said River called Hudsons River anc 
all the Land from the west side of Conectecutte River tc 
the east side of Delaware Bay. And alsoe severall othei 
Islands and Lands in the said Letters Patents menc'oned, 
Together with the Rivers Harbours mines mineralls quar 
ries woods mai"shes waters ffishings Hawking hunting 
and fowling and all other Royalties proffitts com'odities 
and hereditaments to the said severall Islands lands and 
premisses belonging or appurteyning ^o havc and to hohl 
the said Lands Islands hereditaments and premisses with 
their and every of their Appurten'nces vnto his said Royal' 
Highnes James Duke of Yorke his heires and Assignes foi 
ever To be holden of his said Ma^ his heires and Succes- 



1 This wae a renewal of the first grant, given after the restoration of the country b.'s 
tiie Dutch. It may be found, printed at length, in "Grants and Concesf-ions, ' 
p. 41. Ed. 



1674] ncKE OF voRK TO ^m oeo. cartkrkt. 165 

sors as of the Mannors of East (rreenewich within the 
County of Kent in free and eom'on Soocage 'JgeiWittg & 
faying to his said Ma'X his heires and successors of and 
for the same Yearly and every yeare tforty Beaver skina 
when they shall be demanded or within Ninety days after 
with divers other grants clauses provisoes and agreements 
in the said recited Letters Patents conteyned as by the 
said' Letters Patents relac'on being Iherevnto had it dcjth 
and may most plainely appeare. lOUT tUtlS gttd^tttUU 
Ulitttie,S!$hll that his said Roy all Highnes iam«.« Duke of 
Yorke for and in considerac'on of a C<:>mpetent siime of 
good and lawfull money of England to his said Royall 
Highnesse in hand paid by the said S' George Cartrett 
before the sealing and delivery of these presents the receipt 
whereof his said Royall Highnes James Duke of Yorke 
doth hereby Acknowledge and thereof doth aequitt and 
discharge the said S'" George Cartrett his heires and 
Assignes for ever by these presents Itath granted bargained 
sold released and contirmed and by these presents doth 
orant bargaine sell release and contirme unto the said S^ 
George Cartrett his heires and Assignes for ever ^U that 
Tract of Land adjacent to new England and lying and being 
to the westwardes of long Islands and manhatom Island 
and bounded on the East parte by the maine Sea and parte 
bv Hudsons River and extends as Southward as far aa 
acertaine Creeke called Barnegatt being aboute the middle 
betweene Sandy point and Cape May and bounded on the 
west in a streight line from the said Creeke (failed Barne- 
gatt to acertaine Creeke in Delaware River next adjoyne- 
inff to and below acertaine Creeke in Delaware River called 
Rankokus Kill and from thence by the s^ Delaware River 
to the Northmost branch thereof which is in forty one 
degrees and forty Minutes of latitude, and on the North 
croaseth over thenae in a Streight line to Hudsona River in 
forty one degrees of Latitude w"^ said Tract of Land is here- 
after to be called by the name or names of new Cesarea or 
new Jersev And alsoe all Rivers mines mineralls woods 



lAf) iJEW JERSEY COLONIAL DOCUMENTS. [16Y4 

iishings hawking bunting and fowling and all royalties 
proffitts commodities and hereditaments whatsoever to the 
said Lands and premisses belonging or appurteyning with 
their and every of their Appiirten'nces in as full and ample 
manner as the same is granted vnto the said James Duke 
of Yorke by tbe before recited Letters Patents, And all 
the Estate right title interest benetitt advantage claime and 
demand of the said James Duke of Yorke of in and to the 
said Lands and premisses or any parte or parcell thereof 
and the Reverc'on and Reverc'ons Remainder and Remain- 
ders thereof All which said Tract of Land and premisses 
were by Indenture bearing date the day before tlie date 
hereof Bargained and Sold by the said James Duke of 
Yorke vnto S'' George Cartrett for the Terme of one whole 
yeare to comence from the Eight and Twentyeth day of 
July next before the date hereof under the Rent of one 
pepper corne payable as therein is menc'oned as by the 
said Deed more plainly may appeare by force and virtue of 
which said Lidenture of Bargaine and Sale, and of the 
Statute made for Transfferring of Vses into possession the 
said S' George Cartrett is in actuall possession of the said 
Tract of Land and premisses and enabled to take a grant 
and [Release] thereof the said Lease being made to that 
end and purpose ®0 have mtfl to IwUl All and singuler the 
said Tract of Land and premisses with their and every of 
their [Appurten'nces and every parte and parcell thereof] 
vnto the said SV George Cartrett his heires and Assignes to 
the only Vse and behoofe of the said S'.' George Cartrett 
his heires and Assignes forever [yeilding and paying there- 
fore vnto the] said James Duke of Yorke his Heires and 
•Assignes for the said Tract of land and premisses yearly 
the sume of Twenty Nobles of lawfull money of England 
[if the same] shall be lawfully demanded att or in the 
Inner Temple-hall London att the feast of S' Michaell the 
Archangell yearly gittfl the said S!" George Cartrett for 
himselfe his Heires and Assignes doth Covenant and grant 
to and with the said James Duke of yorke his heires and 



1(»741 SIR GKO. CAKTEREt's INSTRUCTIONS. 107 

Assi^nes b_v these presents that hee the said S'.' George 
Cartrett his heircs and Assi^nes shall and will well and 
truly pay or cause to be paid vnto his said Koyall lligh- 
iiesse James Duke of Yorke his heires and Assignes the 
said yearly rent of Twenty Nobles at such tyme and place 
and in such manner and forme as before in these presents 
is expressed and declared I'vovirtfd allwaies and v\um this 
Condic'on that the said S'.' Cieorge Cartrett doe cause a 
Copy of this grant and Demise to be eiitred with the 
Auditor of his said Royall Highnesse within one month 
next after the Execuc'on of this present grant and Demise 
gn wUUif.^iSi nhereof the parties to these presents have Inter- 
changeably sett their handes and Seales the day and yeare 
tirst above written. 

May it please yo'" Royal Highnes James 

this conteines a release from y"" Royal 
Highnes to S'.' George Carteret and 
his heires of y*" lands above menc'oned 

U'rA : AviNNINGTON 
|Uu tlie buck.l 

Sealed and delivered in presence of 

WiNDESOR 

Jo: Wkrdex 



l>ir<'ctioihs^ IiiNlrudioius and Ordet's to Governor Phil!j> 
Carteret and hia Coanell, and the Inhahitants of East 
Jer,sey, hy Srr George Carteret. 

I Kroui tbe Original, in tlie Lil)rar\ ot' tlie New Jimnov Histdiical Society.] 

Directions Instructions and Okhers made and Given 
by the Right lI(»no''!'' Sir George Carteret KnI iS: l)aronet 
Vice Chomberlain of His Ma"!"" household and one of His 
Ma"f'' most honourable Privy Councill, Lord Proprieto'" of 
the Countrey or Province of New Cesarea or New Jersey, 
together w''^ a Declaration by him made of the true intent 



168 NEW JERSEY COLONIAL DOCUMENTS. [1674: 

& meaneing, and an Explanation of Severall Articles of the 
Concessions formerly made by him and the Lord John 
Berkley, Dated the tenth of ifebruary in the Yeare of our 
Lord one thousand & Six hundred Sixty-fower to bee 
observed by the Governo'" and Councill and Inhabitants of 
the said Province. 

Whereas During the late Warr between His Ma"*' -and 
the Dutch the Countrey of New Yorke and New Jersey and 
other adiacent parts M^as Conquered by them, whoe have 
since in pursuance of the Treaty of Peace restored all the 
said Countreys to His Ma*!** And His Ma"^ having been 
since pleased to Grant the same by his Letters Pattents to 
His Royall Highnesse the Duke of Yo'ke ; And His said 
Royall Highness haveing since by Deed Dated the twenty 
eight Day of this instant July Granted to vs our heires & 
assignes all that Tract of Land' adiacent to New England 
and lying & being to the Westward of Long Island <fc Manr 
hatans Island and bounded on the East parte by the Maine 
Sea and part by Hudsons River and extends Southward as 
farr as a certaine Creeke called Barnegatt being about the 
midle between Sandy point and Csipe May and bounded on 
the West in a Straight Lyne from the said Creeke called 
Barnegatt to a certaine Creeke on Dellaware River next 
adioyneing to and below a certaine Creeke in Dellaware 
River called Renkokus Kill and from thence vp the said 
Dellaware River to the Northernmost branch thereof w*^** is 
in forty one Degrees »fc forty minutes of lattitude and on 
the North Crosseth over thence in a Straight Lyne to Hud- 
sons River in forty one Degrees of lattitude, which said 
Tract of Land is to be Called New Cesarea or New Jersey, 
Now Wee being willing to settle and establije the peace & 
wellfair of the said Countrey or Province have made these 
Directions Instructions and Orders, and alsoe the Delara- 
tion & Explanation of Severall Articles as ifolloweth . . 
. . Wee being made very Sensible of the great Disorder 
in our said Province occasioned by severall persons to the 
great preiudice of our selfe, our Governor & Councill and 



1674] SIR GEO." Carteret's instructions. 169 

all other peaceble & well mynded Inhabitants w"'iii our 
said Province by Claymeing a Eight of Propriety both of 
Land & Government; Wherefor Wee Doe heerbj 

1 Declare, ffiRST, That all Lands Granted by s*^ Gover- 
no": to the twenty eight of July one thousand Six hundred 
Seaventy two & confirmed in our Name by Pattents or 
Charters vppon Record in our Secretaries office vnder s*^ 
Province Seale Signed by him & the maior parte of his 
Councill shall remaine to the particular owners thereof 
their Heires &e for ever w'*' all the benefitts p'"titts *fe 
privilidges therein contayned, they performing what they 
are obliged vnto, in every of the said Respective Pattents 

2 or Charters : Secondlv, flfor Such as pretend to a 
Right of Propriety to Land & Governmen* w^Hn our Prov- 
ince by Virtue of any Pattent from Governo' Coll Richard 
Nicholls as they ignorantly assei-t Wee vtterly Disowne 
any such thing ; A grant they had from him vpon such 
condic'ons w*"" they never p'formed and by the said Graunt 
they were obliged to Doe & p' forme such act & things as 
should bee apointed by His Royall Highness or his Depu- 
ties whose jDower remained in vs by virtue of a Pattent 
from His said Royall Highness bearing Date long befour 
those Grants, w'^'' hath beene often Declared by our Gover- 
nor" and since owned vnder the Signe man'uall of His Royall 
Highness bearing Date the twenty fifth of November one 
thousand six hundred Seaventy two, and Demanded their 
Submission to our Authority & to Pattent their land from 
Ys, & pay our quitt Rent according to our Concessions, 
w'^.'' if they had Done or shall yet Doe ; Wee are content 
they shall Enioy the Tract or Tracts of Land they are 
Setiled vpon, Provided it hath not beene taken vp con- 
trary to our Order, and that it bee not to the preiudice of 
the rest of the Inhabitants & to have such other priviledges 
ife im'unities as s"^ Governo"" & Councill & they shall agree 
v'pon ; But if such persons as have not already receiued 
Pattents of their lands from Ys, shall not w^?Mn one year 
after notice to them given of this our pleasure therein & 



170 NEW JERSEY COLONIAL DOCUMENTS. [1674 

axcept Pattents of their said lands, Wee Doe hereby order 
s^ Governo'" & Councill to Dispose of such lands or tenem" 
in whole or in parte for oiir best advantage to any other 
persons ; And if any person or persons Doe thinke they 
have in Justice or wrong Done them by this o^ positive 
Determination, they may adress themselves to the King 
ik Councill and if their Eight to that Land or Governm' 
apeares to bee better then ours Wee will readily Submitt 
3. thervnto — Thirdly, our order is that those persons 
that were the Cheife Actors in attempting the makeing of 
an alteration in our Governm' bee preceded against accord- 
ing to a Declaration of our Governor and Councill bearing 
Date the twenty-eight Day of May one thousand six hun- 
dred Seaventy two, exept they shall Imediatly vpon the 
publication hereof make their adresses to our Governo^ 
and Councill for Remission of their offences and that all 
psons that have Sustayned loss or Damage by mayntaining 
our Just Rights & interest Since the twenty Sixth day of 
March one thousand Six hundred Seaventy two may have 
repairation in Law w^'' their Charges they have & shall bee 
att in any Court or Courts in o^ Said Province that are or 
shall be constituted & Commissionated by Speciall Com'is- 
sion from our Governo'" according to a Declaration by our 
Governor & Councill bearing Date the third day of Aprill 
one thousand six hundred Seaventy tw^o — 

4 ffowERTHLY ; That all Grants of Land, Conveyances, 
Surveys or any other pretences for the hold of Land what- 
soever w^J" in o^ Said Province that are not Derived from 
Vs according to the prescriptions in o'' Concessions & 
entred vpon Record in our Secretaries oftice in our Said 
Province, Wee Declare to bee Null & void in Law. — 

5 ffiFTH^^' That if any person refuse or omitt to pay 
or Deliver his Rent due to us ^ arrear since the twenty 
fifth Day of March one thousand six hundred & Seaventy 
to the Constable of the respective town or Jurisdiction 
where the Land for w'^.'^ the Said Rent is Due Doth Lye at 
Such tyme & place as the Said Constable shall ap'oint or 



1674] SIK GEO. CARTERET* i- lKSTRU(TI(>>r- 171 

if auv peon shall refuse or omitt to pay or Deliver nit Eent 
w'^'- hereafter shall become Due to vb at Such tyme as the 
Same shall become Due 6z at Such place ag the Constable 
of Such towne or Jurisdiction shall a}»"oint. that theii it 
sliall <k: may bee Lawfull for the Said Constable or hit 
Successors to Distrayne the goods 6: Chattells of such psoii 
Sue refuseing or omitting (fe to Sell the Same, rendering 
the overplus besides the rent arrear of the Costs (fc Charges 
of Distrayning to the party ; And Vee Direct that the 
Constable shall pay the itent hee shall receive or raise to 
our HeceJver Generall, And Although our Concessions Say 
it fill all be payd in currant or iawfull monney of Ilngiand 
yet at the requ^; of our trovemo'" it Councill 'Wee will 
accept of it in Such M'chantable pay aB the Countrey Doth 
p'duee at M' chants price to the Talue of Monney Sterling : 
And if by this mean^ Wee cannot obtaine our ^»ent, then 
the Marshall of the Province shall he impowered as above 
said to collect <fe raise the Same at the Charge of Such the 
Inhabitants as Doe refuse or omitt to pay at the tyme it 
place as aforesaid — 

6 6^ That all matters and causes w"' have been tryed 
in our Province by Special! Comission from our Grovemo^ 
vpon w*^ Judgem^ hath passed according to Lav bee 
allowed by ts and bee forthwith put in Execution — ^As 
to the Inhabitants of ISewsinks Considering theire faith- 
fullnesB to the Lords Propreitois, Tiiat xpon their Petition 
their townships shall bee Sui'veyed and shall be incorpo- 
rated <fc to have equall privilidges with othe Inhabitants of 
the Provinee, and that Such of them who were the pre- 
tended pattentees 6: layd out their monney in puTchaseing 
Land from the Indians shall have in eonsid^ation thereof 
five hundred Acres of Land to each of them to be allotted 
by the Govern o'' A: Councill in Such places that it may not 
be preiuditiall to the rest of the Inhabitants : And because 
there is much bMren land, after Survey taken the Gover- 
ned and Councill may give them allowance — ^That the 
Governo'^ dr Council! shall allow Eighty acres p' head to 



172 NEW JERSEY COLONIAL DOCUMENTS. [1674 

Such psons as come to Settle neer Dellaware Kiver or any 
place above tenn myles from the Sea or from any other 
River navigable w^^ boates ; to those that come to Settle 
neerer Sixty acres as before— That the Governo'" & Coun- 
oill shall have power to Settle the ifees of Secretary, Sur. 
veyor!" Generall Marshall & all other officers of Court.— 
That vp'on our Governor" arrivall there in our Said Prov- 
ince, Wee require, that w*^ M^iat speed may bee, all lands 
not yet Surveyed by our Survey o"" Generall, whether in 
townships or privat Plantations bee forthwith Surveyed & 
Pattented, Avhereof you are to keep an exact Record & 
Send mee a Coppie of the whole attested vnder the Gover- 
nor & the maior parte of the Councills hands, and for what 
land you shall Grant for the future, lett mee have a Coppy 
thereof once every year attested as aforesaid, — That the 
Land is to bee purchased from tyme to tyme as there shall 
bee occasion by the Governo' & Councill frojn the Indians 
in the name of the Lord Proprieto'' and then every indi- 
viduall person is to reimburse the Lord Proprieto'" at the 
Same Rate as it was purchased together w^?* the charges — 
That Wee the Lord Proprieto'" will build a Prisson & a 
house for the Keeper at our own pper cost and Charge, 
out of the pduct of the quitt Rents where the Governor & 
Councill shall thinke titt ; and wee will Send over guns & 
am'unition as a Magazin ; but all other charges are to bee 
Defrayed by the Countrey, and that all writts bee issued 
in His Ma^'f' name, exept the Sum'oning of Burgesses w''" 
is to bee in our Name. — That in Case of appeales for Eng- 
land the appealant bee bound to pay all cost & charges if 
Cast, and vpon the ap'eale shall pay as a fyne to the Judge 
twelve pounds besides all cost & Dam'ages adiudged 
against him in the Province & to give in Security of a 
hundred pounds there for psecuting the Same w"' in Eight 
Months.—That all strays of beasts at Land & wrecks att 
Sea belong to Vs the Lord Proprieto'" and that all psons 
that shall Discover any Such thing shall have Such Sattis- 
faction for their paynes & care as the Governed and Coun- 



1874] fiiR GEO. Carteret's instructions. 1Y3 

fill shall think fitt — That the arrears of the Qnitt Rents of 
Elizabethtowne, Newarke, New Piscattaway & the two 
townes of Newsinks & all other plantations that have not 
payd since one thousand six hundred <k Seaventy bee paid 
to our E-eceiuer Gennerall at the Rate of a halfe pen'y a 
yeare for every acre besides the growing Rent till the 
arrears be Sattisfyed. — Whereas the Gen'erall Assembly 
hath hitherto made noe pvision for the Suport and niain- 
taynance of .the Governo"^ according to the Concessions, It 
is Required that y® Gen'erall Assembly at their first Sitting 
Doe take effectuall course for the Sattisfieing him for his 
arrears cfe make pvision for Maintaynance & Suport for the 
future. — And whereas Wee have Given of present Gover- 
no'' Phillip Carteret Es(|^ two thousand acres of land in o- 
vSaid Province And because it is improper for him to Signe 
any Grant made to himself e Wee Doe therefore order & 
Authorize o"" Councillo*".^ or any fine or more of them to 
signe one or more Grant or Grants to the Said Phillip Car- 
teret of the Said Lands to bee chosen & taken vp by him 
in Such one or more place or places as he shall think titt, 
and that they Doe alsoe cause y^ Scale of y® said Province 
to bee affixed to Such Grant or Grants w''.^ being Done 
Wee doe heereby Declare shall bee as good & effectuall to 
all intents 6z purposes as if Wee o'' Selfe had Signed the 
Same or as if the Govern'' & Councill had Signed any 
Grant to any oth!" pson — 



A Declaration of the true intent & meaneing of the 
Lord Proprietor and Explanation of the Concessions made 
by John Lord Berkley and My Selfe to the Adventurers 
<fe planters of New Jersey. — 

That as to the Sixth Article ; That it shall bee in the 
power of the Governo"" & Councill to admitt of all psons to 
become ffreemen of the said Province w"'out the Gen'erall 
assembly, but noe pson or psons whatsoever shall be 
accounted a ftreeholder of the said Province nor have any 
Vote in Ellecting nor be capeable of being Ellected for 



174 NEW JERSEY COLONIAL DOCUMENTS. [1674 

any office of trust either Civil! or Millitary iintill hee Doth 
actually hold his or their lands by Pattent from Vs y^ Lord 
Proprieto' and that the Granting & confirming of Corpora- 
tions shall bee in the power of the Governo' & his Coun- 
cil!. — As to the Eight Article, It shall bee in the power of 
the Governo'' & Gouncill to approve Such Ministers and 
Preachers as shall bee nominated & Chosen by the Severall 
Corporations w^^out the Gen'erall Assembly and to Estab- 
lish theire maintaynance Giveing liberty Besides to any 
pson or psons to keepe & maintayne what preachers or 

ministers they please Concern'''*' the Gen'erall 

Assembly, That it shall bee in the power of the Governo'" 
& his Councill to appoint the tyme & place of meeting of 
the Gen'erall Assembly and to adiourne y Sum'on them 
together again when & where hee and they shall See 
(jause. — To the third, That it is to bee vnderstood ; that it. 
is in the power of the Governor & Councill to institute & 
apoint Courts in pticular Corporations already Settled w'?' 
out the Gen'erall Assembly ; But for Courts of Sessions & 
Assize to bee Constituted & Established by the Governo": 
Councill & Representatives of the Province together ; and 
that all appeales shall be made from the Assizes to the 
Governo'^ and his Councill and thence to the Lord Pro- 
prieto'' from whom they may appeale to the King— To the 
nynth Article : That the Governo"" tfe his Councill may 
Dispose of the allottments of Land to each pticular pson 
w^^out the Gennerall Assembly according to o' Directions 

as hee & they shall thinke fitt. Concerning the 

GovERKo^ As to the Second & third Articles ; All officers 
Civill and Millitary (exept befour exepted) bee Nominated 
and apointed by the Governor and Councill w"'ont the 
Gen'erall Assembly vnless hee the Said Governo'" ct; Coun- 
cill shall see occassion for their advice & assistance. — As 
to y* fowerth Article. Li Case of fforraigne Invasion or 
intestine Muteny or Rebellion, it shall bee lawfull for the 
Governo"" 6z his Councill to call in to their ayde any pson 
what Soever, whetlier freeholders or not— That in y« 



1674] era geo. carteket's tsstructjou^. 175 

Sixth Article Concerning the Regnlar laying out of Lands. 
Rules for building each street in townships 6z quantities 
of ground for eacli house lott, the Same is left to the ffree- 
holders or first Yndertakers thereof as they can agree w'." 
the Governo'' tV Councill, 6: not to the Geu'erall Assembh', 
but to bee layd out by the Surveyo^ Gen'erall. — That 
all Warrants for Land not exeeding the pportions in the 
Concessions being only Signed by y^ Governo"" and Secre- 
tary shall bee effectuall in case his Councill or any part of 
them bee not present — Wee the Lord Proprieto" Doe 
intend Thatt in all Assemblies, The Governo*" and his 
Councill are to Sitt h\ themselves, and the Deputies or 
Representatiues by themselves, and whatsoever they Doe 
ppose : to bee presented to the Governor <fe his Councill. 
and vpon their confirmation to pass for an Act or Law, and 
to Remaine in force when Confirmed by Vs — And Lastly ; 
AVee doe heerby Grant. Order 6: Direct. That the Conces- 
sions made Signed ik Sealed by the Lord John Berkley and 
My Selfe beareing Date the tenth Day of ffebniary one 
thousand Six hundred Sixty fower, shall still Continue and 
stand in force tt bee kept, mayntained tt pformed in all 
<t every the parts lVt Articles thereof vnto the Said Prov- 
ince. Exept Such of them, and in Such manner as the Same 
or any parte thereof are altered or Explayned in or by these 
p'"sent6. or in, or by any former Orders *}c Instructions Sent 
to the Governor or Deputy Governo' & Councill there 
vnder the hands of the Said Lord Berkley 6z My Selfe, or 
vnder my owne hand alone : Given vnder my hand and the 
Seale of the Province att Whitehall this one <fe thirtieth 
Day of July in y® yeare of our Lord one thousand Six hun- 
dred Seaventy fower And in the Six ct twentieth yeare of 
the Reign of o^ Soveraigne Lord Charles the Second : of 
England, Scotland, ffrance t^ Ireland King, Defender of the 
faith itc — 

[seal.] 




H6 NEW JERSEY COLONIAL DOCUMENTS. [1674 



Proclamatiov of the Governor and Covncil^ Convening a 
General Covrt, March Qfh, 1675. 

[From "East Jersey Kecords, " Book III,, p. 106.) 

.Order for a Generall Court to be helde the 9 March 
W* several! other orders. 

Province of New Jersey 

By the Governour, and Councell 

Whereas the late past Distraction of Times occasioned 
first by y^ Mutiny of severall Malecontent Inhabbit*^ and 
then by the Arrival of the Dutch forces in our Neighbour 
Collony, giveing opportunity to those Seditious Spirritts to 
cover theire former guilt with the Mantle of Treason, & 
leading in an Innovation of Authprity hopeing to shrowd 
themselves from the hand of Justice b}^ inviteing an Enemy 
to protect them ; By w'.'' meanes the whole frame of our 
Goverment hath beene disjointed, and oblidged our Lo'\ 
Prop!" at his great Expence to obtaine New Orders from 
his Maj"'' our Gracious Soveraigne <k his Royall Highness 
for Reestablishing the Goverment here and haveing his 
order thereunto sent over his Maj'*?^ Letter, Pattents, and 
Commands, not only to his Subjects in generall but like- 
wise to the Governour <k Councell in pticular to Conforme 
to & performe the Orders and Instructions of our said 
Prop'' Whereby wee finde oursellves not oblidged to coun- 
tenance the Comissionating any pson or persons to any 
Office Millitary or Civill who have not pattented theire 
lands (fee nor to yeild the privilledge of a Corporation 
to any other waies quallilied then the said Orders of our 
said Proprietour doth allow Yet finding a Necessity of 
preserveing the peace of the Collony & support? the good 
subjects thereof, as well in theire Estates as persons. It is 
hereby ordered by the Authority aforesaid That a generall 



1674] PROCLAMATION CONVENING COURT. 177 

Court be holden at y* place commonly called Elisabeth- 
towne, the same to beginn the second tuesdaj in March 
next being the nineth day of the aaid moneth to audite and 
determine all matters whatsoever within the power of a 
Court of Oyer and Terminer. 

That the Gentlemen of the Councell being the present 
Magistracy of the province approved by our Soveraigne 
Lord the King his R: H: and our Lord Proprietour, be in 
theire respective places of aboad ordered and appointed to 
grant out Warr*.^ as well for the said Court as to supress 
any disturbance & to p'"serve the peace of the Collony. 

And for the assistance of the said Magistrate It is herebv 
ordered by the Authority aforesaid that for the Inhab- 
bit*' in the place called Newark M' Thomas Johnson be 
appointed and sworne by Cap: W"^ Sandford as Constable 
with the formall oath of Allegiance, and the oath proper to 
that office. 

That Ml" John Woodroff in like manner be sworne Con- 
stable for the Inhabbitants of the place called Elisabeth 
towne. 

For the Corporation of Woodbridge John Blumfeld to 
be sworne as aforesaid by Cap? Bollen Secy: or Cap" Pike^ — 

For the Inhabbit**" of the place called New Piscattaway 
Francis Drake in like manner to be sworne by Cap? Pike 
or Cap" Bollen 

For the Inhabb^' of the place called Midleton Eichard 
Hows to be in like manner sworne by Cap" Pike or Cap" 
Bollen • 

For the Inhabb^.' of the place called Shrewsbury Peter 
Parker to be sworne as abovesaid 

For the Inhabb^i' of the Corporation of Bergin Hans 
Dedrick to be in like manner sworne by Cap? Berry, the 
same to be in every pticuler place performed by the severall 
Magistrates w**' all possible speed — 

For the necessary Reimburseing such persons as have 
beene at Charge for supporting and preserveing the Lord 
Prop? Interest in this province It is Ordered by the 



1Y8 NEW JERSEY COLONIAL DOCUMENTS. [1674 

Authority aforesaid that Mf Samuell Moure as Provost 
Marshall of this province doe forthwith demand & receive 
the Moneys formerly amerced at the last Court held at 
Bergen the 26*?^ day of June 1673. as allso others upon the 
like Crime convicted at a preceeding Court held at Elisa- 
beth towne.the 8**^ of March 1671, 

And upon refusal of paym* to seize and arrest the bodies 
of the said Offender, and them secure in the common Goale 
appointed for this Province untill the sume be Sattisfied 
and payd without Baile or Mainprize — 

And all Constales of every respective part of this Prov- 
ince are hereby required to assist the said Marshall in 
prosecution of this Order and to Command such other 
Assistance as the necessity of the affairs may require, and 
all Inhabbit*^ of this Province are hereby required to yield 
Obediencee thereunto. 

And for the speedier accomplishing the Lord l*rop" 
orders in settling the Govermf of this province as well 
Millitary as Civill and for rendring the Inhabbit** qualli- 
fied as well for a Generall Assembly as Elective for other 
Offices It is hereby ordered by tlie Authority aforesaid that 
the Surveyor GenV or his substitute shal attend & remaine 
at Newark from the beginning to the end of March ensue- 
ing for running out and surveying Land there, in order to 
pattenting the^ same — 

At Elizabeth towne aforesaid hee the said Surveyo' 
Gen'.' or his substitute is to attend as aforesaid from the 
first day of Aprill untill the 15**" day of May following. 

At New Piscattaway in like manner from the 15*" day 
of May untill the 15^" day of June following — 

At Nevesinks from the 15'" day of June untill the end 
of August following viz for ye two townes there 

And all the fore mentioned places, intended ToAvnshipps 
or Coporations are hereby required according to the several I 
appointed times to have in readiness such attendance as is 
reqiiissitt for the said Surveyor use, daily to be maintained 



1675] INDIAN AFFAIRS. 179 

by the respective places in that employment untill the 
work be finnished. — 

But if doth hereafter appeare that the Remisness of them 
Inhabbitants have occasioned the failure in the Surveys or 
that immediately thereupon the severall Lands be not Pat- 
tented, then the Govern' and Councell doe by these Ord'.* 
conclude themsellves wholly acquitted from the Malicious 
censure of Riggour for prosecuting the Lord Prop" Com- 
'ands in dispossessing those that shall be therein Neglectvil, 
the same haveing beene for severall yeares past persuaded, 
and the Work now as much as may be facilitated, 

Dated at Eliz*'^ towne the ll**" DecemV 1674. 



Sir Joseph Werden^ Secretary to the Duke of York^ to 
Governor Andros. 

fFrom "New York Colonial Documents," Vol. III., p. 22'9.1 

S* James's Feby y« 13»^ 167^ 
\^Extra(:i.'] P. S. I had allmost forgott to tell you y* we 
have as yet done nothing towards y^ adjusting Sir George 
Carterett's pretentions in New Jersey, where I presume 
vou will take care to keep all things in y^ same posture (as 
to y* Dukes prerogatives & proffitts) as they were in your 
predecessors time untill you shall hear of some alterac'ons 
agreed to here. 



From Governor Andros to Captain Cantwell, jRegarding 
Indian Affairs. 

[From "New York Colonial Documents," Vol. XII., p. 518.] 

Capt. Cantwell New York March 27. 1675 

Yo" of the 20*^ I received yesterday, to which I gave you 
an answer the same Houre, by Capt. Krigiers Sloope, then 
ready to saile ; This is by yo'" owne expresse, that I have 
inquired into the businesse of After Cull, and cannot tind 
that there is any more in it, than an Indyan drinking him- 



180 NEW JERSEY COLONIAL DOCUMENTS. [1675 

Belfe dead, at a House near Karitans River there being 
three more Mnth him, very rude, which frightened very the 
woman, her children and a man (her husband being absent 
at Woodbridge) nor did they know of the said Indyans 
death who was (as I am told) found dead in the woods ; so 
1 doubt this is rather a pretence than a real cause of their 
keeking off and refusing to comply with our just. demands 
concerning the murder of Doctor Rhodes and his man. 
You have done very well to give notice all over the River 
to bee upon their guard ; But that you will do well to pro- 
ceed no further against them (if it may be avoided) until I 
come, when (I hope) we may accommodate all or take such 
effectuall courses, as shall be adviseable and fit to bring 
them to reason. You do not say any thing of an Indyan, 
who I heare had lately his ribs broke by an Inhabitant in 
the River, of w*'*^ hee dyed ; Which if so may be a great 
cause of their present actings. But if the Magistrates have 
done their parts, in examining and doing justice therein, 
as the case might require, there can be no more expected, 
otherwise if any such thing hath happened, and the prose- 
cucon neglected, bee sure it be done affectually without 
delay though not demanded by the Indyans, or though 
they should have complyed before this comes to you. I 
thought to have begun my Journey to you by this time, 
but my not being very well, the spring very backward, the 
Kings ships not' yet gone, I did think to put off my jour- 
ney, till the latter end of the month or the beginning of 
May, but now as I shall heare from you, shall hasten it 
accordingly, and do designe bringing with me, about forty 
or fifty men, and to go by the upper way to the falls I hope 
you have prohibited all manner of distilling corne, as well 
as its transportacon. if not, I pray that it be done pres- 
ently. I am Yo"" very Loving friend 

To Capt. Edmund Cantwell fj' — yy /I 

Schout of New Castle in f Tj^^ZjC^T^^^ 
Delaware L^ 



16T5] INDIAN AFFAIRS. ISl 



Ft'vm Governor Aadros to Captain Cant/well on Indian 

Affah'n. ' 

[From "New York Colouial Docuiueuts," Vol. XII., p. 519.) 

S" 1 have this afteniooiie rec'^ yo"" Lre of the 19''' by 
Walker and sent by your expresse ; In which you give nie 
an Account of the Murder of two Christians about the 8^ 
of this instant, about Milstone Kiver and that it should be 
done by the brother of him that lately dyed at After-CuU ; 
I think it something strange that at the writing yo'' former 
Letters of the 14'^ and 16"', which I received by M' 
Osborne, neither you nor the said Osborne in his Journey 
should have heard nothing of it ; This is to lett you know 
that tlie 20^'' inst. three of the Nevisans Sachemakas, were 
liere with me, and about thirty of their people with them, 
and did not onely conclude a peace with them, but they 
did also engage, neither to harbor or have any thing to do 
with any of the Indyans, that should happen to be our 
enemyes and particularly those beyond them. Now upon 
the receipt of this last Lre of y'", I have advised with my 
council and sent to Governor Carteret to desire him to send 
by expresse to the Indyans to know the truth of the mur- 
ther, and if so, by whom, the manner and cause, without 
declaring any further intent, and give mee a present 
answer. As also that he will give order for horses for our 
journey to Delaware, to be ready at furtherest the last 
instant about w"'' time 1 thinke of setting out from here, 
thoua-h I had not intended till the 4^'' of the next and shall 
(as afore) come by tlie way of the falls, where you may 
meet mee on Tuesday the -i'", or if yo" shall be there sooner 
and thinke good, may come on towards or to Milstone 
River, as you proposed ; In the meantime 1 think there 
needs no further order, but y* you looke to yo'selves and 
give no just offense, or cause of suspicon to the Indyans; 
But as to James Sandyland (if you are not sure of his being 



182 NEW JERSEY COLONIAL DOCUMENTS. [1675 

criminally guilty) you ought to have had a Court, that he 
might have had a Legall Tryall, and so either be justly 
detained, punisht or releast. Therefore if you have time, 
let it be done before you come, having had no other mean- 
ing, nor (I think) given any other direecons in my former 
letter. As to his being out upon Bayle (if he be not erim- 
inall), it cannot be denyed him. Pray let there be as little 
noise or talke of the Indyan concernes in yo"' party as may 
be. I am yo"" Loving friend 

April 23'^ 1675 ' E. Andros 



Conference Between Governor Andros, the Magistrates at 
Newcastle, Del., and the Indian iSacfienis of New 
Jersey — Renewal of the Treaty of Peace — S. EdsaU, 
' J. Helme and Lance Coch, Israel Helrne, Inte^rp7'eter, 

[From " New York Colonial Documents," Vol. XII., p. 523.] 

At Newcastle May 13''» 1675 

Vpon an Appearance of the Indyans before the Go: & the 
New Magistrates, in the afternoone. They were those who 
came in morne, with M"" S. Edsall, Isr. Helme, and Lanse 
Cock. The names of the Chiefs were Renowewan of Saw- 
kin on the Eastern side, Ipan Kickan of Rancokeskill, 
Kit-marius of Soupnapka, Mauickty of Rancokeskill here- 
tofore all of N. Jersy side. The Governo"" declares his 
desire fo continue in friendship with them & his readiness 
to protect them, & thanks them for their coming down. 

They by Israel Helme the Interpreter expresse their 
readiness to continue in good friendship, & return their 
thanks to the Gov. 

They are told that it is not, that the Govern^ wants their 
help — if the other Indyans will bee bad, he can deale well 
enough with them, but now is wishing to be kind to those 
that will live quietly and well. 

They believe so they say. 

^hey are told they must not kick the beasts or swine 



1r.7r»] INDIAN' All' AIRS. 18'j 

heloiig-iiig to the Christians i^' the (Jliristians shall not doe 
them any injury, but justice sliall be done as they nuglit 
see to-day in the case of Jam* Sandylands. • 

The first sachem rises up t*c walks up & down taking- 
notice of his old Acquaintance P. Kainbo & Peter Cock, 
Lansa Cock with C. Cantwell then taking a band of 
sewant, hee measured it from his neck to the length down- 
ward <k said his heart should bee so long & so great to the 
(iov. ^k the Christians dc should never forget the (tov. so 
presents the belt of wampum, throwing it at the Gov, feet 

The next rises up A: professing mnch friendshi|> Sc thanks 
to the (iov. for his kind e.\i)ressions p'sents another belt of 
wampum. 

The (iov. tells tliem the two belts shall be kept as bands 
of triendship between them. 

The belts of sewant were wi-ittcn ufton, Uj be kept in 
token of a continuance of Peace. 

The first belt was 15, t'other 12 wampum high. 

The (tov. presents them with 4 Coates & 4 lappeloathes 

They return thanks and fall a kintacoying with expres- 
sions of thanks, singing Jre/wn, It^non. 



AJidaoit Ufi to the JSlamher of Families in I^ew Jersey mi 
the Arrival of Governor Carteret. 

IFioui " New Voik uiid New JerHey Boundary Papers, " Vol. 1., lu New Voik His 
toiical Society Library. | 

Affidavit of Silvester 8ALisBriiY. 

Silvester Salisblhv of New Yorke Gent, maketh oath 
that in or about the yeare 1G65 ; he being then at New 
Yorke, there arrived Philip Carteret Esq"" at New Jersey 
in America in a Ship called the Philip w"*' s*^ ship was 10(J 
tuns (k had then aboard her about 30 servants & severall 
goods of great value, proper for the first planting & setling 
of the (^.'olony of New Jersey & this deponent sayeth tliat 



184 NEW JEKSEY COLONIAL t)OCUlViENTS. [1675 

at the time of y^ arrival of the s*^ ship there were about 
four families in New Jersey (except some few at New 
Sinks that went under the nomen of Quakers) and that 
ye gd pi^iijp Carteret after his arrivall there landed y^ s** 
servants and goods & applied himselfe to y® planting and 
peopling of y* s^ Colony & that he sent diverse persons 
into New England & other places to publish y* Conces- 
sions of y^ L^' Propriet'' and to invite people to come & 
settle there, whereupon & within a years time, or there- 
abouts severall p^'sons did come w*'' their families and set- 
tled there in severall townes ; And this Deponent sayth 
that he believes there would few or none have come thither 
if the s*^ Philip Carteret had not setled himselfe as afores^ 
& brought such goodes & sent such Messengers as afores*^. 
And this Deponent sayeth that y® s"^ ship remained there 
about six months, & then went to Virginia, England & 
other places & about a yeare or more after returned to 
New Jersey where she remained for severall montlis ; And 
this Deponent sayth that the s^ Philip Carteret at his 
arrival did declare & owne that the s** ship servants & 
goods did belong to the E* Hon^^* S"" George Carteret & 
were sent by him for the beginning and encouragem^ of 
the peopling and planting of the s^ country ; And farther 
sayeth that the s? S"" George Carteret did send se\nerall 
other Vessels thither particularly a Ketch whereof Peter 
Beimet was master Anno 1673 laden w*** wines and severall 
other English goods Silvestee Salisbury 

Jurad 4° die ffeb' 1675 coram 
me en Cancel lar Magester 

Jo: CoTT 



-[An affidavit follows, by Peter Smith, "Gent of New 
' -York," similar in all respects to the foregoing ; and a third 
' one, from "Edward Sackville of Westminster Gent," also 
^•■similar down to the words " several months," and then pro- 
ceeds as follows : " And further sayeth that to his certaine 
knowledge the s*^ Philip Carteret did pay unto the Indians 



1675 I ARRIVAL OF JOHN FENWICKE. 185 

in goods to a considerable value that they might enjoy 
their land quietly otherwise they could not have inhabited 
the same. Edw. Sackville 

" Jur 2-1" die ffebry 1675 
cora : M'g-ro en Can. 

W^ Eeversham " 

[Indorsed on the back.] 

" A Writing of great concernment"] ^ 



Note of the Arrival of John Fenwiche '^ and Family in 
West Jersey^ in June, 1675. 

[From Book No. 4 of Salem Deeds.] 

The Ship called the Griffin arrived in Delaware River 
in wliich s*^ Ship came these Persons hereafter named, 

1 See " Proceedings New Jersey Historical Society," Vol. I., 2d Series, p. 162. Ed. 

2 John Fenwicke, of Byiitield, Berkshire, England, was a student at law at Gray's 
Inn, Middlesex Countv, in 1640. He was commissioned a major in Cromwell's army in 
1648, and appears to have exercised considerable influence iu promoting Cromwell's 
interests. It is presumed that he had some supervision of the execution of Charles I., 
as he had a commission empowering him to be present thereat with a squadron of cav- 
alry. In 1649, from a certificate in the possession of the New Jersey Historical Society, 
it appears that he belonged to the Independent Congregation, of which John Goodwin 
was the pastor, but subsequently withdrew from them, and embraced the forms, disci- 
pHne and creed of the Friends. It is thought that, as one of that body, he had been 
subjected to sufficient persecution to induce him to look to America as a secure retreat, 
leading him, in conjunction with Edwaku Byllyxge, also a Quaker, to purchase Lord 
Berkeley's interest in New Jersey. The deed therefor was dated March 18tb, 1673-4. 
It conveyed the half of the province to John Fenwicke, in trust for Edward Byllynge 
and his assigns, and on the 6th of August, 1680, the transfer was confirmed by the 
Duke of York. Byllynge, who was styled " Gentleman of Westminster, Middlesex, 
England," becoming much embarrassed, nine-tenths of this interest was assigned to 
trustees for the benefit of his creditors, and his relations with Fenwicke were far from 
friendly, although William Penn and other distinguished Quakers sought to arrange 
their difficulties. It is presumed that he came to New Jersey in 1683, as in that year 
he had some land allotted to him in Burlington for his own residence. He was one of 
the twenty-four Proprietors to whom East Jersey was confirmed by the Duke of York, 
in Mareh, 1683 : but parted with his interest therein soon after to Daniel Coxe, of West 
Jersey. He died in 1687. Fenwicke arrived in West Jersey, as stated in the text, in 
1675. His wife, Mary Burdett, (thought to have been his second one, and not the mother 
of his daughters, who was Elizabeth, daughter of Sir Walter Covert), did not accom. 
pany him. He was subjected to much annoyance from the Dutch authorities and from 
Governor Andros, of New York, as the documents in this volume plainly show. He 
died some time between August, 1683, and April, 1684, having previously parted with 
all his landed estate in the province. See Johnson's Memoir in " Proceedings of 
Historical Society," Vol. II., p. 53; Johnson's 'Salem;" Smith's "New Jersey;" 
Mulford's "New Jersey;" "East Jersey under the Proprietary Governments," 2d 
Edition. Ed. 



186 NEW JERSEY COLONIAL DOCUMENTS. [1675 

being the first Englisli Sliip that was bound to this part of 
the Province, Viz* Jn° ffenwick Esq. of the County of 
Berks, late Propreitor of Salem Tenth in the Province of 
New West Jersey dec"?^ with him 3 Daugliters, Elisabeth 
Anna & Priscilla ; Also Jn° Adams Husband of the s*^ 
Elizabeth of Heading in the County of Berks Weaver, & 3 
Children, Elizabeth aged 11 years, ffeuMdek aged nine 
years, & Mary Adams aged 4 years. Edward Chamneys 
Husband to the said Precilla, of Thornbury in the County 
of Gloucester Joinei- & 2 Children, John Aged about . . 
years, & Mary . . years Old, w^ith 10 Servants viz* 
Rob* Turner, Gervis Bywater, William Wilkinson, Joseph 
Worth, Michael Eaton, Elinor Geere, Sarah Hutchings, 
Euth Geere, Zachariah Geere, Ann Parsons. — Servants to 
the s*^ Edw"* Chamneys viz* Mark Eeeve, Edward Webb & 
Elisabeth Waites. 



Council Minute— Major Fenwiche Before the Council^ in 
Regard to his Claims on Delaware. 

[From "New York Colonial Documents, " Vol. XII., p. 545] 

At a Councill May 3^* 1676 
Present : The Governor 

Capt Brockholes 
Capt. Dyre The Secretary 

GovernT Carteret 
Majo'' Fenwyck 
Major John Fenwyck businesse about the land in New 
Jersey on the east side of Delaware River was discourst of, 
butt suspended 

Presentment of Samuel 'Leete Against John Fenwiche. 

[From N. Y. Col. MS8., in Secretary of State's Office, Albany, Vol. XXV., p. iMS.l 

Samuell Leete, who aswell (&c) presentate John Ffenwick 

1 This record, certified by " Rob't Burchan pro. Secret'y," is without date, and does 
not give the date of the original entry,which must have been after Fenwicke's death. 
The names of the persons do not correspond with those given by Smith in his 'His- 
tory of New Jersey,' p. 79. Ed. 



1070] PROCEEDINGS AGAINST FENWICKE. 18? 

late of Byniields in the county of Berks Eng' in the king- 
dom of EngUxnd for yt he the said John ffenwicke the 
tenth day of August 1070 and divers times before and since 
w"'out any Eight or Tytle w"' iforce and Amies Ryotously 
and Routously w'^'* ffenwicke Adams & Richard Handcocke 
and severall other persons hath possessed himselfe of a 
hirge tract or paroll of Land Lying and being w^^in the 
bounds and Lymmitts of bis Royall Highness, James Duke 
of Yorke his Pattent from his Maj"^ that now is for cer- 
taine Lands in America and assuminge upon hihiselfe to be 
Lord Chiefe Proprief (&c) of the same hath Granted to 
sevrall Persons great tracts of Land and taken sevrall 
sumes of monies for the same and disturbed sevrall of his 
Maj"f^ Subjects not only in the Possession of their Estates 
but Ryotously and Routously with fforce and amies pulled 
down and destroyed some building and Dwelling & making 
void their Estates of Inhabitants in their peacable and 
quiet Possession in their Messuages Landes and Tenem" 
And Other damage to them hath done to the hindrance of 
the publique peace and in contempt of the Lawes and 
Lib"^' of his Maj"?' subjects. • All w'^^ Acting are Contrary 
to the peace of our Souverayne Lord the King therefore 
prays that this Co* will p'ceede against him the said John 
according as the Lawe directs in such Cases (^&c) 



The Governor's Special Warrant Against Major John 
Fenwicke, of Delaware. 

[From 'New York Colonial Documents," Vol. XII., p 559.] 

By the Governor 
Whereas 1 am credibly informed, That Major John 
Fenwicke, now living at the East side of Delaware River 
doth pretend and give himselfe out to bee Proprietor of 
that side of the River and hath presumed to act accord- 
ingly, graunted Land extravagantly, dispossessed persons 
in those parts, sold their land, arrogating to himselfe a 



188 XEW JERSEY COLONIAL DOCUMENTS. [1676 

Power of Judicature, and hath given out Lyceuces for 
distilling contrary to the order settled in the River ; By 
which means hee hath inveigled some persons from other 
parts, and distracts the mindes of the Inhabitants, thorow 
out the whole River and Bay, not having any Lawfull 
Power or Authority. You are therefore without delay, 
to repaire over the River, to the said Major Fenwick, and 
all other places on that side, to informe yourself of the 
truth of the above Particulars, and to forewarn any such 
of the danger and premuniry they incurre ; And if the 
said Major Fenwicke hath acted as alleged. That you sum- 
mon him in his Ma"^^ name to appeare without delay, to 
answer the same before mee and my Councill in this place, 
in default at his utmost perill ; and yo*" selfe to make a due 
retnrne of this Warrant ; and in case of any opposicon by 
doing yo'' duty, by going from place to place, on the said 
Accompt, All his Ma^""' subjects are required to be Aiding 
and Assisting to you ; for which this shall bee to you and 
every of them, a sufficient warrant : 

Given under my hand and scale in New Yorke, this 25^** 
day of Sept. Anno 1676 E. Andkos 

To Capt. Edmond Cantwell, Sheriff of Delaware. 



F ructt^i'inijs of the Government of New York in Relatufn 
to the Settlement and Jurisdiction of Major John 
Fenwicke in West Jersey, December htfi, 1675, to 
October, 1678. 

I Copied for the New Jersey Historical Society from tbe Kecoidu at Newcastle, 
Del., by Col. Robert G. Johnson, of S&lem.J 

At a Council held in New York December b^^ 1675 
The letter from Captain Edmond Cantwell being taken 
into consideration concerning the arrival of M*" Fenwicke 
and others at Delaware with their appertenances. . . 

Resolved, that W. Fenwicke having no order (which if 
he had, ought to have been brought first and recorded here) 



1676] PROCEEDINGS AGAINST FENWICKE. 189 

is not to be received as owner or Proprietor of any land 
whatsoever in Delaware, but to be used civilly, paying all 
duties as others his Majesty's subjects in those parts, and if 
he or any of the persons that come with hirn desire land to 
the Westward that there be assigned them fitting propor- 
tions as to others, and due return made of the surveys. 

As to any privilege or freedom of custom or trading on 
the East shore, none to be allowed in any Case to the 
smallest vessel, boat or person. 



PIis Honor Gov" Edm'' Andros's letter to the Commander 
and Justices of New Castle, in answer to their letter 
sent the 8**' of November 1 676 

Gentlemen 

I have received your letters of the S*?' by the express 
sent hither, with several other papers and writings relating 
unto Major John Fenwicke's actings on the East side of 
Delaware river by his granting Patents for land and refus- 
ing to obey my special warrant &. as also touching your 
more particular affairs ; whereupon having taken advice of 
my Councel I have thought fit (it importing his Majesty's 
service, and the good and quiet of those parts and Inhab- 
itants,) That Major John FenwMcke be sent hither with the 
first convenience ; and if there be occasion that the Com- 
mander and you the Magistrates do use force for seizing 
upon and sending him. — And there being no lawful 
authority for his giving forth Patents for land, those sent 
hither are not to be returned back for the present, but the 
persons who have paid their monies for them may have 
their remedy at law against the persons that gave them 
before he departe out of custody. 

As for Jean Paul Jacquett who has been dispossessed ot 
some land on the East side of Delaware river of which he 
was in possession at the last coming in of the English 
government, he is to be repossed and you are to take order 



190 NEW JERSEY COLONIAL DOCUMENTS. [1676 

about it, and (if occasion) the Commander is to assist 
therein. 

To the Commander and the Conrt of New Castle in 
Delaware. 



At a Meeting of the Commander and Justices held in 
the town of New Castle on Friday the 8*?^ day of Decem- 
ber 1676 

Captain John Colier Commander 

M' John Moll I 

M' William Tom 

M"" Foppe Outhout 

M^ Jean Paul Jacquett 
Captain John Colier by his speech declared to the court, 
that in pursuant of his honor the Governor's orders to him, 
he had on the fourth past sent a friendly and civil letter 
with the under sheriff to Major John Fenwicke, shewing 
that he had received orders from his said honor and desired 
him to come to New Castle upon which the said Fenwicke 
sent a letter in answer refusing to come & & — as by the said 
letter produced in Court more plainly did appear — further 
declaring that he the said Captain Colier had been in his 
own person on the seventh part with the said Fenwicke 
at his house — where coming, none of his company were 
suffered to come in the house but himself as when he 
delivered to the said Fenwicke in substance as followeth — 
Speech — 

That he the said Colier had not questioned — according 
to his letter sent the fourth past — but that he would have 
ocmie over with the undersheriff, or at leastwise have sent 
a more satisfactory answer, but since he the said Fenwicke 
still stood out by which he had given him the trouble to 
come over in person, did therefore give him fo understand 
that it was his honor the Gov'!* order to have him the said 
Fenwicke to come and appear before him and Council at 
New York — which long before he had understood by his 
said honor's special warrant sent to him, and therefore desired 



1676] PROCEEDINGS AGAINST FENWICKE. 191 

him now in all civility without further trouble to obey the 
Baid orders — there being now a fit opportunity for his going. 

Major Fenwkke's answer — 

Upon which Major Fenwicke replied — 

That he did not know that the Governor of York had 
any thing to do with him, and that he would obey nothing 
but w^hat shall come from his Majesty the King or his 
Highness the Duke of York, and was resolved not to leave 
his house without he was carried away either dead or alive, 
and if any one dare come to take him, it was at their peril, 
and he would do their business : — and after the said Cap- 
tain Colier went out, suffered him not to come in again, 
but keeping his door double bolted, spoke to him out of a 
small scuttle hole at the end of the house. Captain Colier 
declaring further to the Court, that, he seeing that the said 
Major Fenvicke was and continued so refractory and 
stood upon his defence, and further considering that the 
magistrates by his Honors order were equally in the busi- 
ness concerned with him, thought best to take their advice 
before he w^ould proceed to rigour which was now the 
occasion- of calling the Court etc &c . . . 

The Court having considered and maturely deliberated 
upon the orders from his Honor the Governor, to them 
and also the orders from his honor the Govr to Captain 
John Colier in particular, do judge it necessary since the 
said Fenvicke in contempt to his Honors orders stands out 
upon his Peril, That force be used, and he the said Fen- 
wicke taken and sent to York to his Honor with the first 
sloop, for the doing whereof the}' are willing to give forth 
their warrant, &c. 

At a Meeting uf the Commander and Justices for the 
apprehending of Major Fenwicke. By the Commander 
and Court at New- Castle. In Delaware. 

These are in his majesty's name to impower and appoint 
von Lieutenant Johannes De-Haes, Mr Michill Baron and 



192 NEW JERSEY COLONIAL DOCUMENTS. [1676 

MT George Moore iindersherifi of this place to levy twelve 
soldiers out of any of the Militia of this Kiver, and with 
them to repair to the house of Major John Fenwicke to 
bring by force before us to this town of New Castle upon 
Delaware, giving and hereby granting unto you and every 
of you full power and authority to pull down break, burn, 
or destroy the said house for the apprehending of him the 
said Fenvicke — And further to act and use all or any 
forceable act or acts as the expediency of the time shall 
offer to your Judgement withall giving and hereby grant- 
ino- to you and every of you and every respective soldier 
nnder you, full power in case of resistance or presenting 
any gun or guns to your detriment to fire upon him the 
said Fenvicke or any others so presenting or intending to 
shoot and if in the case he the said Fenvicke or any other 
resisting shall happen to be killed, you and every of you 
shall be hereby absolutely and freely discharged and held 
innocent, as being done in pursuant of the Dukes Lieuten- 
ant's order and of us by his honor's order recommended. 

Given under our hands at New Castle in Delaware this 
S*** day of December 1676— Signed 

John Colier 
John Moll 
William Tom 
foppe outhout 
Jean Paul Jacquett 



At a private Court held in the town of New Castle 
May 9''' 1678 

M^ John Moll ^ 

M'" Foppe Outhout 1 . 

Ml- Jean Paul Jacquett f Justices 
M^ Gerrett Otto J 

The Justices upon occasion of Major Fenwicke's making 
of some new alterations on the East side of the Kiver and 
other concerns, did this day meet in the Fort, in order oi 



167S1 FROCEEDINGS A(4AINST FENWK'KK. 193 

wi'iting- to New York according; to his honor, tlie (tov'.' last 
sent orders in his letter. 

Captain Edmund Cantwell declai'es that he living in 
New Salem (alias Swamptown) the 30'.'' day of iVpril 1678 
where Major John Fenwicke had ordered a meeting of the 
Inhabitants of the East side of this River — he the said 
Fenvicke did then appoint some otiicers viz Samuel Hedge 
Surveyor General, James JSevill to be secretary, Samuel 
Winder Register — and declared he would nominate and 
apjjoint other officers at his leisure, and caused his said 
secretary to read several papers as his Majesty's Patent to 
his Royal Highness and his Royal Highness to the Lord 
Berkely, and a copj' as he said of the Lord Berkely as to 
him the said Fenvicke with several other paj^ers which the 
attestant did not mind — and after the reading of all these 
papers he the said Fenwicke demanded in his Majesty's 
name the superiority and the submission of the people here 
as his right and propriety — After his demand he brought 
a paper upon the table in the form of an Oath or some 
such thing, which several of his people or officers signed — 
After they had done, I told him that the most part of the 
people that was there did not know what was read — He 
answered me that they could know well enough to take his 
land. I also told him that there was a small Levy laid by 
the Collector upon the people on that side — He said the 
Collector had no power to lay no Levy on that side, and 
said whosoever did pay any Levy should forfeit their lands 
and privileges — I asked him if he would bear them out and 
see them harmless — he said he would give undei- his hand 
to answer it bef<^re the King, and said that the people should 
stand on their own defence if any body came to demand 
it — ^And also did forbid MV Foppe Outhout not to act any 
thing in the behalf of the Court of New Castle upon the 
forfeiture of his estate — I told him that his Honor the Gov. 
had commissionated him the said Mr Outhout, and was still 
pleased for to continue him He said the Gov. had nothing 
to do on that side and that he was subject to no man bu 



194 NEW JKKSEY COLONIAL DOCUMENTS, [1678 

God and the King — lie also said that he would do or act 
nothing withoiTt the advice of his Council which he would 
nominate very suddenly, with several more speeches which 
the attendant doth not now remember. . . 

Justice Foppe Outhout declares to have been present 
with Captain Cantwell and to have heard in substance the 
same that is hereabove declared by the said Captain Cant- 
well. M"" Machiel Baron and Kenier Vanheist sworn in 
Court — declare in substance to have heard and seen the 
same as herebefore by Captain Cantwell is declared — 

Johannes Van Jimmen sworn in Court declares that 
being present at the house of one Gillis Giljansen at the 
East side of this river, some time in the last of the month 
of April last past — at which time Major John Fenvicke 
came there, who demanded why the deponent and the rest 
that were there did not come at New Salem (as others didj 
to acknowledge him, meaning himself to be Lord and Pro- 
prietor of the place— Upon which they answered him 
saying, how they could own him so long as they paid Levy, 
to wit 12 guilders 1(> stivers per head at New Castle Court. 
Whereupon he the said Fenwicke replied saying, that all 
those who paid the same should never enjoy a foot of land 
on the Easteren shore and further saith not — 

Right Honb^" Governor 

Sir, we hope before sight hereof, your honor will be safe 
returned, which happy news we do much long for. The 
inclosed Testimony, and informations given us concernine 
the new alterations made by Major John Fenvicke since 
his last return from N. York on the East side of this rivei 
are the chief occasions of this account writing, which said 
Testimonies we hope your honor will be pleased to pursue 
and to give us your speedy order what and how we shal 
act in and about the same. We likewise send your honoj 
here inclosed the Copies of our former and last order con 
cerning the estate of one Francis Barints deceased, thert 
being several persons who are debted to the said estate u 



IPmS] 



I'ROCEKDINOS AOAINST FKXWICKE. 



190 



this river wliereof Cai)taiii Oantwoll has received one cow 
and twenty skipple of wheat, tor which he is ready to he 
accountable to your lionor — And Captain Colier a screw 
gun and Captain l^)il]()p now securing the same j>ers(>ns 
de novo, who tbrniei'ly have paid, and we l)eing uncei'tain 
whether the brother of tlie deceased (who was expected) be 
dead or alive we therefore desire your honor's oi'der how 
safely to act further therein. Finally, since your honor's 
departure, there have happened several complaints of the 
country concerning several strange actions of vour Com- 
mander Captain Billoj), which hath occasioned some dis- 
putes and differences between us and your said Commander 
— we knowing it to be our duty not to suffer the poor 
Commonalty to be oppressed, which all to relate would be 
too long ^ — Wherefore we shall refer that until we are 
certain of your honor's arrival as when we are intended to 
depute one of our Bench to treat with your honor about 
that and other material concerns — So having: no more at 
present to enlarge, we remain Right Honb'? Gov^ 

Your hon* most humble subjects & servants 
Jean Paul Jacquett, 
John Moll, John Mooke 

(tekritt Otto, Fopp Outhout 

New Castle May 9^" 1678 

The Superscription was. 
To the Right Honb'*' Mayor Edmund Andeos Esq? Gover- 
nor General under his Royal Highness James Duke of 
York & Albany, of all his territories in America, or in 
his absence to the Honb'" Captain Matthias Nichols 
Secreatary and the rest of the Honb''' Councel at New 
York — These — 



1 This "Capt. (Christopher) Billop," ("son ot Christopher Billop Gent of London,") 
was commissioned as Lieutenant of the New Tork troops in 1674. Either for the 
misconduct mentioned in the text, or something similar, he was subsequently super 
seded. It is presumed that it was his son— a Captain Christopher Billop, of the 
British Navy — who obtained a patent for a thousand or fifteen hundred acres on the 
southern shore of Staten Island, and whose daughter married Christopher Farmai- — 
better known during the Revolution as Colonel Billop — who took his wife's name on 
inheriting the estate. ' Contributions to the Early History of Perth Amboy." Ed. 



196 NEW jersp:V colonial documents. [1678 

The Letter from the honb'? Council at N. York in 

answer to the letter of this Court sent the 9^^ of May 

last past. 

Gentlemen, Yours of 9'?> Instant arrived the beginning 

of the week which not having had the happiness to find the 

Governor returned was communicated to the Council upon 

consideration of the new alteration made by Major John 

Fenwicke on the East side of the river — perusal of the 

testimonies and informations given concerning the same. 

They have thought good to make the inclosed order which 

they desire you will do your part to see it put in execution 

(if occasion) but with as little mischief as may be. Captain 

Billop is written too likewise concerning the same. 

The matter of Frans Barentzen was not well represented 
by Captain Billop to Captain Brockhols, who supposing the 
accident of his death was very lately, and it being likewise 
intimated that he having no heir, the estate he left did 
belong to the Duke as an escheat, he gave order to Captain 
Billop to secure what he had, and give account of the same, 
but upon further information that the said Frans Barentsen 
died several years ago, and that the Court hath formerly 
taken cognizance of the said estate, and the Governor 
having likewise been made acquainted therewith, they do 
not think tit that Captain Billop should any further con- 
cern himself therein, but that you prosecute what you had 
begun and give account thereof to the Governor. If the 
deceased had a brother (as suggested) he can have no pre- 
tence after the disposal of it ; otherwise a year and six 
weeks being past and no claim made which is the time 
limited by law. 

There hath been an address from Captain Cantwell in 
the name of his soli, resigning all the right, title and 
interesl^ his son might have to the estate of William Tom 
deceased by virtue of his will, and desiring it may be sold 
at a public vendue for the payment of his just debts — But 
tho' he may have preference before the rest of the credit- 
ors next to Captain Delaware who hath judgement and 



1678] PROCEEDINGS AGAINST FENWICKE, 197 

execution against the said estate, the Council do think it 
reasonable that the said estate belonging to MT Tom be 
sold for the payment of his debts, but are not willing to 
alter the course of the law which gives directions how 
debts should be paid — That is. Statutes and Judgements 
first — then bonds and specialties — after that book debts 
and other claims. If any thing after that shall be left the 
son of Captain Cantwell rpay have it. The sooner M*" 
Thorn's estate be sold the better, after some wrecks notice 
for the complaint made by the commonalty against the 
commander Captain Billop — we are not willing to inter- 
middle therein the rather for that you signify your resolu- 
tion to send some of your Bench to the Governor after his 
arrival to treat with him about that and other material 
concerns. This having as near as may be answered the 
particulars of your letter, I take leave and remain 
Gentlemen 

your most humble servant 

By order of the Council 

Matthias Nicholls 

The superscription was to the .Fustices of the Court of 
New Castle — These 

Here followeth the order of CJuuncil sent inclosed in the 
abovesaid letter from New York. At a Councel held in 
New York May 22^1 1678 

Upon the receipt of letters from the Magistrates of the 
town of New Castle in Delaware about the alteration begun 
to be made by Major John Fenvicke on the East side of 
the River where contrary to his engagement and parole he 
hath acted by assuming a pretended power to himself. 
The same being taken into consideration to prevent any 
mischief that may happen upon that account. It is ordered, 
that a messenger be forthwith sent express to the Com- 
mander and Justices of New Castle in Delaware who are 
to give notice to the said Major Fenwicke, that according 



198 NEW JERSEY COLONIAL DOCUMENTS. [1678 

to his parole he forbear the assuming any power of govern- 
ment to himself on the East side of Delaware river or any 
where else in those parts unless he can produce more 
authentic power out of England so to do than he hath yet 
done, which ought jfirst to be made known to the Governor 
in this place — and in case of refusal the said Commander 
and Justices are hereby required to order him to come to 
New York within the space of days to make 

answer to what shall be alledged against him on that 
behalf and for breach of his parole which if he deny to do, 
that then the said Commander and Magistrates, together 
with the sheriff do use force to seize his person and send 
him hither without delay. 

By order of the Council 

(Signed) Matthias Nicholls 

In pursuant to the aforestanding order of the Council, 
the following letter was sent to Major John Fenwicke. 

Major Fenwicke, 

We hav^e by an express from New York received order 
from the HonbT Council to give you notice that according 
to your parole, you forbear the assuming any power of 
government to yourself on the East side of Delaware river 
on any where else in those parts unless you can produce 
more authentic power out of England, so to do than you 
have yet done, which if so you ought then first to have 
made it known to the Governor in New York upon which 
we expect your present answer with this messenger, 
remaining Sir your affected friends 

(Signed) Christopher Billop 

John Moll 
Pieter Alrichs 
New Castle June 8"! 1678 

P. S. We desire you not to fail in sending your answer 
by reason we are to dispatch the express back to New 



1678] PROCEEDINGS AGAINST FENWIOKE. 199 

York by tomorrow at Night — Tlie iiichise we received 
under coverts by the express Vale . 

Tlie superscription was " To Major John Fenvicke at 
New Salem 

Tlie Copy of Major Fenwick's letter sent back by Thomas 
Woollerton undersheriff — 

My friends and neighbours, 

In answer to yours of this date concerning an express- 
therein mentioned from the Council of New York to 
whom my I'eply is this — That the cause of my long impris- 
onment which is not unknown to them was because I 
would never be persuaded to give security, either to be of 
good beliaviour nor to forbear acting in that public capacity 
in which I am authorised by virtue of the Kings letters 
Patent— the Dukes grant to John Lord Berkely and Sir 
George Carteret, and the Lord Berkeley's deed to me 
which were all produced before the Governor and his 
Council by the Commissioners that arrived at York the 
last of August ; wdiereupon I had my liberty to come home 
without any obligation, and to return the 6''!* day of Octo- 
ber following which accordingly 1 did to the hazarding of 
my life which is well known. And the Governor then 
told me he wondered I did come again and gave order I 
might return hither again about my lawful occasions — • 

It is well known likewise that I was made and detained 
prisoner to the Collector of assizes and by their favour and 
yours I cannot look upon myself to be obliged by my 
parole to appear with an order from the C^ourt of Assize, 
the sheriff liberally importing the same and their order of 
Court being relaxed as to live hundred pound bond to be 
of good behaviour and not to act and my parole no ways 
engaging me thereunto, I am left at my liberty to act or 
not to act upon the Lord Berkeley's interest — ^and further 
that if I shall be found to be a transgressor against the 
King of England and his laws in the pursuance of the 



!200 NEW JERSEY COLONIAL DOCUMENTS. [1678 

peace and good settlement of my Colony accordinor to his 
Majesty's formerly declared will and pleasures it will be 
time* enough for me to suffer when I shall be by his 
Majesty's order required to answer for myself before him, 
to M^hom I am bound to give an account of what Judge- 
ment or sentences I give concerning the government of 
this colony within this province ; and therefore I desire 
both the Council and you seriously to weigh the premises, 
and be assured of this I shall not be found backward to do 
my duty to the Kings majesty and every of his subjects 
both in time and place when thereunto legally required, 
and accordingly in the interim. I desire to enjoy what is 
my just and undoubted right — the peace of God and his 
majesty the King of England — and do in his name implore 
both their and your assistance therein until I shall be 
legally convicted of being a notorious offender of which I 
am in the least guiltj' thereof — and so I can in very much 
peace and confidence subscribe myself 

His Majesty, loyal subject — the Council and 

your peaceable neighbour and hearty friend 

N. Salem 3*^ of J. Fenwicke 

the ^ 1678 
ra. 

A letter sent by the express back to New York directed 
to the honbl^ Council^ 

HoNOB^'P Sirs, 

Your letter by the express of the 25"' of May last past, we 
received the 2^ Instant, together with the inclosed order — 
pursuant to which, we the day following sent a messenger 
over to Major J. Fenwicke with a letter whereof the copy 
is here inclosed, by which messenger he likewise in answer 
returned this his inclosed letter which we humbly refer to 
your honors consideration and that your honors may not be 
ignorant, the said Fenwicke doth proceed and assumes full 
power to himself sending on Saturday last his special war- 
rant with 6 or 8 persons prest, to apprehend one John 
Eldridge ttc— and doth by his several evidential expres- 



K^SJ 



PKOCEEDINGS AGAINST FENWICKE. 



•201 



sions declare that he will stand out, and that no man shall 
take him alive — no — not if the Governor came himself. 
"What your honors do further resolve about him if in case 
directed to us, we desire that it may be absolute and sufH- 
^ient, — for it is of opinion that he will hardly be taken 
without bloodshed or mischief. As to M"" Tom deceased, 
we are sensible that there was an execution against his 
body, but not against the estate — Yet in case your honors 
do think it fit that the whole estate real and jiersonal be 
sold — we then desire a more positive and absolute order for 
so doing, and it shall be readily by us performed. The 
inclosed for the Whore Kill, we have sent with the first 
opportunity that presented — which is all at present from 
Hour"!*' Sirs— 

Your honors most humble Servants 

(Signed) John Moll 

John Moore 
Peter Alrichs 
New Castle Jean Paul Jaoqueti' 

Jun 5*1* 1678 Gebrett Otto 

The superscription was '' For the honb'" Captain Matthias 
NicHOLLs and the rest of the honb'.^ Council In New 
York — These — . 

The Court adjourned their ordinary sitting again until 
the first Tuesday of the month of October next unless 
urgent or multiplicity of business should require their 
sitting sooner. 

At a meeting of the Commander and Justices held in the 
town of New Castle July IT**^ 1678 

Captain Hopher Billop Commander 

M-: John Moll 1 

Mr Peter Alrichs j 

M' Fopp Outhout i- 

Mr Jean Paul Jacquett 

M"^ Gerritt Otto I 

Captain Edm'* Cantwell High Sheriff 



20S NEW JERSEY COLONIAL DOCUMENTS. [1678^ 

The following letter from the Honbl* Council was this 
day read — viz — 

Gentlemen. 

Yours by the 5^^ by the return of the express sent to 
you by the Council arrived here the beginning of the week 
— but your answer gives very little satisfactory to any par- 
ticular they write about as to the order concerning Major 
Fenwicke ; The Council then did think and upon serious 
perusal of the same, again do find that it was absolute and 
full — it expressing that in case of his refusal to act in 
assuming a power of government to himself, ordering to 
come to New York according to his parole upon your sum- 
mons, that then the Commander and you the Magistrates 
were to use force to secure his person and send him hither — 
so vou needed not any new result to be directed to your- 
selves alone (it being thought lit to direct it to the Com- 
mander also) moi'e absolute than the former which the 
Council think sufficient, so shall not alter anything therein 
but leave you to answer your neglect to the Governor, who- 
is dailey expected, and all prejudice or mischief that ma}' 
happen thereby to lie at your doors — they having done 
their duty — 

The aforesaid letter from the Ilonb'? Council read and 
the business, of Major Fenwicke taken into Consideration, 
by the Commander and Justices of this Court, and Cajstain 
Billop signifying that his last living over at Salem the last 
week that there Major Fenwicke was willing to answer the 
Honb'.® Council's order at New York, and that he will 
surrender himself at New York according to his parole — 
Resolved and ordered by the Commander jointly with the 
Court that Major Fenwicke in case he will give under his 
hand by a letter to the Council that he will not act by 
assuming any power of Government to himself on that 
side of the river or anywhere else, and that he within the 
space of seventy days promises to make his personal appear- 
ance at N. York according to his parole, that then he be 



1678] PROCEEDINGS AGAINST FENWICKE. 203 

left there, but in case of refusal and that he doth not send 
a satisfactory answer, that then the Commander together 
with the High Sheriff press and take with tliem so many 
of the militia as they think tit and with them seize the said 
Fenwicke's person and seiid him to N. York without delay 
according to the order of the Honb'.^ Council. 

Followeth the letter sent to Major Fenwicke 
Major Fenwicke. 

Sir, Captain Bilh>p signifying to us that you have altered 
your former resolution and that now you are willing to 
answer the order from the Honb'.'' Council of New York 
and that you will go and there surrender yourself according 
to your parole. Now therefore, if you will forbear the 
assuming any power of Government to yourself and within 
the space of 20 days will appear at New^ York and there 
surrender yourself according to your parole then signifying 
so much in a letter under your hand to the Honb'.*" Council 
in New York and send the same letter open to us under a 
Covert by this bearer, that so we may be positive of your 
resolution — 

remaining Sir your affectionate friends — 

(Signed) Christopher Billop 

John Moll 
Peter Alrichs 
Foop Outhout 
• New Castle Jean Paul Jacquett 

17'^ July 1676 Gerritt Otto 

The Superscription was to 
Major John Fenwicke at New Salem These 

HoNOR^V*^ Sirs, 

Your letter of 2P' June last we received in answer to 
which w^e reply, that the occasion of our writing alone the 
5*?* of the same month in which to our sorrow your Honors 
reply to receive so little satisfaction, was not that we 
desired to be only concerned without the Commander who 
much takes the part of and is a great friend to Major Fen- 



204 NEW JERSEY COLONIAL DOCUMENTS. [1678 

wicke, but that which was writ then concerning Major 
Fenwicke we had out of the month of the said Commander, 
and his not signing of the said letter was by reason the 
other particulars therein mentioned concerned him not. 
By the enclosed copies your honors will see what result 
hath been taken by the Commander and us since the 
receipt of your letter, and since the Commander and High 
Sheriff have fetched the said Fenwicke to this town ; and 
altho' it was supposed to be a more secure and better way 
to send him by water in this sloop, yet the Commander 
thinks it best to send him by land which he likewise hath 
obligeth to do. 

Your Hon" most humble Subjects and servants 

The Court of New Castle, by order of the same — 

New Castle 24 July 1678 ' Eph^^ Herman i 



M' Machiell Barron for himself and in behalf of the 
other old Inhabitants of the Easteren shore, this day 
brought and produced in Court — a warrant from the right 
Honb"^ C-rovernor Sir Edmond Andros directed to this 
Court — the warrant being here following recorded 
By the Governor 

Vic — Whereas I have received several petitions and 
complaints from divers of the inhabitants of the East side 
of Delaware river, that have been disturbed in the lawful 
possession of their lands and tenements there by Major 
John Fenwicke and others. These are to desire and 
authorize you the Justices of the Court at New Castle to 
take care that the said inhabitants be not disturbed in 
their possession upon any pretence whatsoever by the said 
Major Fenwicke or others, and if occasion, to make me 
forthwith acquainted with the same. 

Given under my hand in New York this 28^" of October 
1678 (was subscribed) E. Andros 

To the Justices of the Court at New Castle. 

1 Son of Augustine Herman, whose name is associated with the first Indian grant 
for a large portion of East Jersey. "Pennsylvania Magazine of History and Biog- 
raphy," Vol. IV. p. 101; "New York Genealogical and Biographical Record,' Vol. 
TX., p. ."se. Ei>. 



1676] QUiNTiPARTiTE df:ed. 205 



Qxiintipartite Deed, Between Sir George Carteret, Willimri 
Percn, NicholaH Lucas, Gawen Lawrie and Edward 
Byllynge, Dividing the Province of New Jersey into 
East and West Jersey.^ 

[From au Oiigiual in the ^ew»Jer8ey Historical Society Library.] 

SUilS indenture Qulntipartite made the First day of 
July Anno Doni 1676 And in the eight and twentieth 
yeare of the Reigne of our Soveraig-ne Lord King Charles 
the second over England &c^ &c* Betweene S'' George 
Carterett of SaJtrum in the County of Devon Knight and 
Barronett and one of his Majesties most Honorable Privy 
Councell of the first part William Penn of Rickmans- 
worth in the County of Hertford Esq of the second part 
Gawen Lawry of London Merchant of the third part 
jS'icholas Lucas of Hertford in the County of Hertford 
Maulster of the fourth part and Edward Billinge of West, 
minster in the County of Middlesex Gent' of the fifth part 
Whereas our said Soveraigne Lord the Kings Majesty In 
and by his letters Patent under the Great scale of England 
beareinge date the twelfth day of March in the sixteenth 
yeare of his said Majesties Reigne for the Considerations 
therein mentioned Did give and grant unto his dearest 
Brother James Duke of Yorke his heires and Assimies All 
that part of the mayne Land of New England beginning at 
a certaine place called or knowne by the name of SV Croix 
next adjoyning to new Scotland in America and from 
thence extending along the Sea Coast to a certaine place 
called Pemaquie or Pemaquid And soe upp the River to 
the farthest head of the same as it tendeth Northwards And 
extending from thence to the River of Kimbequin And 
soe upwards to the River Cannada Northwards And also 
all that Island or Islands commonly called by the severall 

1 Differiug from the boundaries specified in the conveyance of the Duke of York to 
Sir George Carteret, January 88-29 1674. Ed. 



206 NEW JEKSEY COtONlAL DOCUMENTS. [lf>76 

Name or Names of Matowacks or Long Island scituate and 
beeing towards the West of Cape Codd And the narrow 
Higansetts abutting upon the mayne land betweene the 
two Rivers there commonly called or known by the several 
names of Connecticute and Iludsons River together also 
with the said River called Hudsons River And all tlie 
Land from the West syde of Connectecute River to the 
East syde of DelaWare Bay And also all those severall 
Islands called or knowne by the names of Martins Yineyard 
or Nantucks otherwyse Nantukett Together with all the 
Lands Islands Soyles Rivers Harbours Mines Mineralls 
Quaryes Woods Marshes Waters Lakes Fishings Hawke- 
ings Hunteing and Fowleing And all other Royaltyes 
proffitts commodityes and hereditaments to the said sev- 
erall Islands Lands and premisses belonging and appertein- 
ing with their and every their appurtenances And all his 
said Majestyes Estate Right Title and Interest Benefitt 
advantage Clayme and demand of in or to the said Lands 
and premises or any part thereof And the Revertion and 
Revertions Remaynder and Remay'ders together with the 
vearely and other Rents Revenues and profitts of all and 
singular the said premisses and every part and parcell 
thereof To Have and to Hold unto his said Majestyes said 
Deare Brother the said James Duke of yorke his heires 
and Assignes for ever to be holden of the Kings Majesty 
his heires and Successors as of his Majestyes Mannor of 
East Greenwych in his Majestyes County of Kent in Free 
and Common Soccage and not in Capite or by Knights 
Service under the yearely Rent of fuurty Beavour Skynns 
to be paid unto his said Majesty his heires and Successors 
when they shall be demanded or within Ninety dayes after 
As by the said letters Patent relation beeing thereto had it 
may appeare In and by which said letters Patent His said 
Majesty did lykewyse Give and Grant unto his said Dearest 
Brother the said James Duke of yorke his heires deputyes 
Agents Commissioners and Assignes full and absolute 
power and Authority for the correcting punishing pardone- 



1670] QUINTIPARTITE Dl^EP. 207 

ing Goveriieiiig and Ruleing such of the subjects of his 
said Majesty and of his heires and Successors as shall at 
any tyme adventure themselves into any tlie said parts oi- 
places or inhabite there according to such Lawes orders 
ordinances directions and instructions As by his said Majes- 
tyes said Dearest Brother or his Assignes shall be estab- 
lished x\nd in defect thereof in Cases of necessity accord- 
ing to the Good Discretions of his Deputy es Commis- 
sioners officers or Assignes respectively aswell in all Causes 
and Matters capitall and criminall as civill both Marine 
and others in such manner and under such restrictions as is 
therein specifyed And to Doe exercise and execute all and 
every other the Powers and Authorityes therein mentioned 
as by the same letters Patent and the severall Powers and 
Authorities tliereby given and granted and tlierein specified 
it doth and may appeare And Whereas in and by tw*o 
severall Indentures the one beeing and Indenture of Bar- 
gaine and Sale for the Terme one whole yeare and beareing 
Date the tliree and twentieth day of June Anno Dom* one 
thousand six hundred sixty and four And the other beeing 
an Indenture of Grant Release or Confirmation and beare- 
ing date the four and twentieth day of the same month of 
June Anno Dom''one thousand six hundred sixty and four 
And both of them made Betweene his Majestyes said dearest 
Brother the said James Duke of Yorke By the name of his 
Royall Highness James Duke of Yorke and Albany Earle 
of Ulster Lord High Admirall of England and Ireland 
Constable of Dover Castle Lord Warden of the Cinque 
Ports and Governour of Portsmouth of the one part And 
John Lord Berkeley Baron of Stratton and one of his 
Majesty's most Honorable Privy Councell and the said S'' 
George Carterett of the other part And by other good and 
sufficient conveyances and assurances in the Law duly exe- 
cuted recyteing the said letters Patent herein before recyted 
And the severall and respective premisses tliereby granted 
His said Royall Highness the said James Duke of Yorke 
for the considerations therein mentioned Did Grant convey 



208 NEW JERSEY COLOXIAI, DOCUMENTS. [1676 

and assure unto the said John Lord Berkeley and S' George 
Oarterett their heires and Assignes forever All that Tract 
of Land adjacent to New England and Ijeing and beeing to 
the westward of Long Lsland and Manhitas Island (part of 
the said maine land of New^ England beginning at S* Croix 
mentioned to be granted to his said Royall Highness by the 
said therein and herein before recyted letters Patemt) 
bounded on the East part by the mayne sea and part by 
Hudsons River And hath upon the West DelaWare Bay or 
River And extendeth Soutward to the Mayne Ocean as farr 
as Cape May at the month of DelaWare Bay And to the 
Northward as far as the Northermost Branch of the said 
Bay or River of DelaWare which is in forty one Degrees 
and forty minutes of Latitude And crosseth over thence in 
a Straight Line to Hudsons River in forty one Degrees of 
Latitude which said Tract of Land was there after to be 
called by tlie name or names of New Caesaria or New Jer- 
sey And also all Rivers Mynes Mineralls Woods Fishing 
Hawkeings Hunteings and Fowleings And all other Royal- 
tyes profitts Commodityes and Hereditaments wdiafsoever 
to the said Lands and premisses belonging or in any wyse 
apperteineing with their and every of their appurten- 
ances in as full and ample manner as the same was or were 
oranted to his said Royall Highness the said Duke of 
Yorke in and by tlie said therein and herein before recyted 
letters Patent And all the Estate Right Title Interest Ben- 
elitt advantage Clame and Demand of the said James 
Duke of Yorke of in or to the said Lands and premises or 
any part or parcell thereof And the Revertion and Rever- 
tions Remaynder and Remaynders thereof To Have and 
To Hold unto the said John Lord Berkley and S-" George 
Carterett their heires and Assignes forever under the yearely 
Rent or summe of Twenty Nobles payable unto his said 
Royall Higimess the said James Duke of Yorke in manner 
as the same is reserved therein to be paid As in and by the 
said last recyted Indentures and Conveyances Relation bee- 
ing thereto had it may appeare And Whereas In and by 



1676] QUINTIPARTITE DEED. 209 

one certaitie Indenture of Bargaine and Sale dated the 
eighteenth day of March Anno Doin one tliousand six hun- 
dred seventy and three And in the six and twentieth years 
of his said now Majestj'es Reigne made betweene the said 
.John Lord Berkeley of the one part And John Fen wick of 
Binfield in the County of Berks Esq"" of the other part 
And duley enrolled in his Majestyes high Court of Chan- 
cery in England recyting the said herein before recyted 
letters Patent Indentures and Conveyances The said John 
Lord Berkeley for and in Consideration of the summe of 
one thousand pounds therein mentioned to have beene paid 
unto him by the said John Fenwyck and for other the con- 
siderations therein mentioned Did grant Bargaine sell and 
convey unto the said John Fenwyck his lieires and Assignes 
All That the moyety or halfe part of him the said John 
Lord Berkeley of and in the said Tract of Land and prem- 
ises soe to be or thei-e called by the names of New Cae- 
saria or New Jersey and also all that his moyety or half part 
of all Rivers Riveletts Mynes Mineral Is Quarries Woods 
Fishings Hawkeings hunteings Kowleings Ajid all other 
Royaltyes Brolitts Forts Franchises Libertyes Governments 
Powers Priviledges commodityes Hereditaments and Im- 
munityes whatsoever to the said Lands and premisses be- 
longing with their and every of their appurtenances in as 
full ample and beneliciall manner to all intents and pur- 
poses as the same was granted to the said John Lord Berk- 
eley and the said 8'' George Carterett their heires and 
Assignes by his said Royall Highness the said James Duke 
pf Yorke And all the Estate Right Title Interest Benefitt 
Property Clayme and Demand whatsoever of him the said 
John Lord Berkeley of in or to the said Moyety or halfe part 
of the said Lands and premisses or any part or parcell 
thereof by force virtue or meanes of the said therein and 
herein before recyted letters Patent and conveyances or 
either or any of them or otherwyse howsoever And the 
Revertion and Revertions Remaynder and Remaynders 
of the same To Have and to Hold unto the said 



^10 NEW JERSEY COLONIAL DOCUMENTS. [1676 

John Fenwyck his heires and Assignes forever to the 
only use and behoofe of the said John Fenwyck his 
heires and Assignes forever as by the said last recyted 
Indentures of Bargaine and Sale relation being thereto 
had it may appeare And Whereas in and by two 
other Indentures The one being an Indenture of Bar- 
gaine and sale for the Ternie of one whole yeare and bear- 
ing date the ninth day of February which was in the yeare 
of our Lord God one thousand six hundred seaventy 
and four and made betweene the said John Fenwyck and 
Edward Billinge of the one part And the said William 
Penn Gawen Lawry and Nicholas Lucas of the other part 
And the other being an Indenture Tripartite of Grant 
Release or Coniirmation beareing date the tenth day of the 
same Month of February Anno Dom* one thousand six 
hundred seaventy and four And made betweene the said 
John Fenwyck of the first part Tlie said Edward Billinge 
of the second part And the said Wiiliam Penn Gawen 
Lawry and Nicholas Lucas of the third part And by severall 
other good and sufficient conveyances and assurances in the 
Law duely executed The said Moyety or halfe ])art of the 
said Tract of Land And the said moyety or halfe part of 
^11 and every other the said severall and respective prem- 
isses soe conveyed unto the said John Fenwyck as afore- 
said whith all and every the Pughts Members and appur- 
tenances of the same were conveyed unto and remayne now 
vested in the said William Penn Gawen Lawry and Nicho- 
las Lucas and their heires to the use of them and of their 
heires and Assignes forever (In wliich nevertheless the said 
Edward Billinge claymeth to have equitable Interest) soe 
as the said AVilliam Penn Gawen Lawry and Nicholas 
Lucas doe now actually stand seized of and in one undivided 
moyety or halfe part of all and every the said premisses 
soe granted unto the said Joiin Lord Berkeley and S' 
George (Jarterett as aforesaid as Joyntenants betweene 
them^^ehes and doe now hold the same to them and their 
heires as Tennants in Common with the said S"" Georg€ 



1676] QUINTIPARTITE DEED. 211 

Carterett who is now actually seized of the other undivided 
moyety or halt'e part of all and every the same premisses 
and doth now hold the Same to him and his heires as Ten- 
ant in Common with the said William Penn Gowen Lawry 
and Nicholas Lucas And Whereas They the said S"" George 
Carterett William F^enn Gawen Lawrey Nicholas Lucas and 
Edward Billinge have agreed to make a partition betweene 
them of the said Tract of Land and of the said severall and 
respective premisses whereof they now stand soe seized as 
Tenants in Common as aforesaid And it hath been agreed 
betweene them that the said S"" George Carterett shall have 
for his share and Part of the said Tract of Land and of the 
said severall and Respective premisses to be holden by him' 
the said S"" George Carterett his heires and Assignes for- 
ever in Several I ty as his full and equall part share and 
proportion Tract of Land and of all and every the said 
severall and respective premisses and to be from henceforth 
called knowne and disfriiiguished by the name of East New 
Jersey Ai>l that Easternely Part share and Portion of the 
said Tract of Land and premisses lyeing on the East syde 
and Eastward of a straight and direct Lyne drawn through 
the said premisses from North to South for the divideing 
and makeing a partition or separation of the said Eastern ly 
part share and portion from the Westerly part share 
and portion of the same Tract of Land and premises 
as is herein after particularly described And that the 
said William Penn Gawen Lawry and Nicholas Lucas 
shall have their share and Part of the said Tract of Land 
and of the said severall and respective premisses to be 
holden by them the said William Penn Gawen Lawrey and 
Nicholas Lucas their heirs and Assignes in severallty as 
their full and ecpiall part share and proportion of the said 
Tract of Laud and of all and every the said severall and 
respective premisses subject to the same Trust for the bene- 
titt of the said Edward I^illinge as the said undivided 
moyety was subject And to from henceforth called knowne 
and distinguished by the name of West New Jersey All 



212 NEW JERSEY COLONIAL DOCUMENTS. [1676 

that Westernly Part share and portion of the said Tract of 
Land and premisses lyeing on the West syde and Westward 
of the aforesaid straiglit and direct Lyne drawne through 
the said premissess from IS'orth to Sonth as aforesaid as is 
hereafter also perticularly desecribed Now tht'is presents 
Witness That in persuance and performance of the said 
lieforc recyted Agreement And for the better perfecting of 
the said Partition soe agreed to be made as aforesaid And 
for and in consideration of five shillings to them the said 
William Penn Gawen Lawry Nicholas Lucas and Edward 
Billinge in hand paid by the said S"" George Carterett the 
receipt whereof they doe hereby respectively acknowledge 
The said Edward Billinge and they the said William Penn 
GaM^en Lawry and Nicholas Lucas by and with the consent 
direction and appointment of the said Edward Billinge 
testified by his beeing a Party hereunto and by his sealeing 
and executing of theis presents Have and each of them 
hath bargained sold Released confirmed and conveyed And 
Doe and each of them doth Bargaine sell Release confirme 
and convey unto the said S*" George Carterett his heires 
and Assignes forever All that Easternly Part share and 
Portion And all those Easternly Parts Shares and Portions 
of the said Tract of Land and premisses soe granted and 
conveyed by his said Royall Iligness the said James Duke 
of "Yorke unto the said John Lord Berkeley and S*" George 
Carterett as aforesaid extending Eastward and Northward 
along the Sea Coast and the said River called Hudsons 
River from the east syde of a certaine Place or Harbour 
lyeing on the Southern part of the same Tract of Land and 
commonly called or knowne in a niapp of the said Tract of 
Land by the name of Little Egge Harbour to tliat part of 
the said River called Hudsons River which is in forty 
one degrees of Latitude beeing the farther most part of the 
said Tract of Land and premisses which is bounded by the 
said River And crossing over from thence in a Straight 
Lyne extending from that part of Hudsons River aforesaid 
to the Nothermost Branch or part of the before mentioned 



1676] QuiNTtPARTiTr: i->r.P.Th '213 

itiver called DelaWare Jliver and tu the most Nothei-ly 
poynt or i^ouiidnary of the said Tract of J^aiid and prem- 
isses soe granted by his said Royal! Highness James Duke 
of Yorke unto the Lord ]^>erkeley and S'' (George Carterett 
Xow by the consent and Agreement of the said partyes to 
theis presents called and agreed to be called the Xorth 
Partition Poynt And from tlience That is to say from the 
said North Partition poynt extending Southward by a 
straight and direct Line drawne from the said North Parti- 
tion Poynt Southward througli the said Tract of Land unto 
the most Sontliwardly poynt of the East syde of Little 
Egge Harbour aforesaid whii'h said most Southwardly 
poynt of the East syde of Little Egge Harbour is now by 
the consent and Agreement of the said parties to theis 
presents called and agreed to ho from lienceforth called 
The South Partition Poynt And which said Straight and 
direct Lyne drawn from the said North Partition Poynt 
throuirh the said Tract of Land unto the said South Parti.- 
tion Point is now by the consent and agreement of the 
said partyes to their presents called and agreed to be 
called The Lyne of Partition which is the Lyne hereiu 
before mentioned to be intended by the said consent and 
agreement of the said partyes to theis presents for the 
divideing and makeing a Partition or separation of the 
said Easternly Part share and Portion from the Westernly 
Part Share and portion of the said Tract of Land and prem.- 
isses soe conveyed by his said Royall Highness as afore- 
said in and by theis presents intended to be bargained sold 
and conveyed by the said S"" George Carterett unto the said 
William Penn Gawen Lawry and Nicholas Lucas And All 
and every the Isles Islands Rivers Mynes Mineralls Woods 
Fishings Hawkeings Hunteings and Fowleings And all 
other Royaltyes Government " Powers Forts Franchises 
Harbours Protitts Commodityes and hereditaments whatso- 
ever unto the said Easternly Part Share and Portion of .the 
said Tract of Land and premisses belongeing or in any wyse 
apperteineing with their and every of their appurtenances 



2l4 NEW JERi=iKY OOtONlAT. DOOrMENT?. [1670 

And all the Estate Right Title Interest Benetitt Advantage 
Clayme and Demand whatsoever aswell in Law as in 
equity of them the said Edward Billinge William Penn 
Gawen Lawry and Nicholas Lncas and of each and every 
of them of in unto and out of the said Easternly Part Share 
and Portion Easternly Parts Shares and Portions of the 
said Tract of Land and premises and of in unto and out of 
every part and parcell of the same And the Revertion and 
Revertions Remaynder and Remaynders of the same and 
of every part and parcell of the same And all Rents Duties 
and Services reserved upon any estates or grants heretofore 
made or granted hy the said Lord Berkeley and S'" George 
Carterett or by any person claymeing any Estate Interest 
or Authority from by or under them or either of them of 
any part of the premisses hereby conveyed to the said S"" 
George Carterett which said Rents Dutyes and services 
reserved upon which said estates and grants made of any 
part of the premisses hereby conveyed to the said S"" George 
Carterett shall be from henceforth due and payable unto 
the said S'' George Carterett and his heires of whom all 
such Estates soe made and granted as aforesaid ai-e to be 
from henceforth holden according to the true Intent of 
theis presents Which said easternly Part Share and Portion 
Parts Shares and Portions of the said Tract of Land and 
premisses is now by the consent and agreement of the said 
partyes to theis presents called and agreed from lienceforth 
to be called by the name of East New Jersey And is all 
that and only all that Part share and Portion of the said 
Tract of Land and premisses so conveyed by his said Royall 
Highness as aforesaid as lyeth extended Eastward from the 
East syde of the said Lyne of Partition before mentioned 
To Have and Tu Hcjld unto the said S"" George Car- 
terett his heires and Assignes in severalty to the sole and 
only use of the said S' George Carterett And of his heires 
and Assignes forever And each of them the said William 
Penn Gawen Lawry Nicholas Lucas and Edward Billinge 
for himself severally and respectively and for his severall 



IBT^i QUiisrtrPARTiTE dkf.d. 215 

and respective heires executors and Administrators and for 
his severall and respective owne Acts only And not joyntlv' 
nor the one foi- the other »»r for tlie heires Executors 
Administrators or Acts (.f tlie otlier Doth Covenant Grant 
and agree to and with the said S*" George Garterett his 
lieires and Assignes bv tlieis presents That lie hath not at 
any tynie heretofore done or suffred any act matter or 
thing whatsoever wliereby or by reason whereof The said 
premisses liereby Bargained sohi Keleased confirmed or 
conveyed by the said Edward Billinge William Penn 
Gawen Lawry and Nicholas Lucas unto the said S*" George 
Carterett or hei-ein or hereby meant mentioned or intended 
soe to be or any part or parcell of the same is are shall or 
niay be any wayes charged burthened or incumbred in 
Title Charge estate or otherwyse howsoever other than 
such Arrears (if any be) which now at the day of the date 
of theis presents are due and unpaid upon any the reserva- 
tions conteyned in the said herein before recyted letters 
Patent and herein before recyted Conveyances herein 
before recyted to have beene made by his said Royall 
Highness the said Duke of Yorke or either or any of them 
And theis presents farther Witness That in farther per- 
suance and performance of the said herein before recyted- 
Agreement And for the farther perfecting of the said parti- 
tion soe agreed to be hade as aforesaid And for and in 
Consideration of five shillings to him the said S'' George 
Carterett in hand paid by the said William Penn Gawen 
Lawry and Nicholas Lucas the receipt whereof he doth 
doth hereby acknowledge He the said S"" George Carterett 
Hath Bargained sold Released confirmed and conveyed 
And doth by theis presents Bargaine sell Release confii-me 
and- convey unto the said William Penn Gawen Lawry and 
Nicholas Lucas and to their heires and Assignes forever 
All that Westernly Part Share and Portion And all that 
and those other Part and Parts Share and Shares Portion 
and Portions of the said Tract of Land and premisses soe 
granted by his said Royall Highness the said James Duke 



Si 6 NEW JERSEV COLONlAl, DOCtTMENTP. [1676 

of Yorke unto the said John Lord Berkeley and S"" Ueorge 
Carterett as aforesaid And which said Westernly part 
Share and Portion and wliich said other parts shares and 
Portion is and are extending Southward and Westward 
and Nortliward alone* the sea Coast and tlie before men- 
tioned Bay and River commonly called or known by the 
name or names of DelaWare Bay and DelaWare River 
from the said South Partition poynt before mentioned to 
be on the East side vf Little Egge Harbour unto the said 
North Partition poynt herein before mentioned to be on 
the before mentioned Xothermost Branch or Part of Dela- 
Ware River aforesaid And from thence that is to say from 
the said North partition Poynt extending Southward unto 
the said South Partition Poynt before mentioned By the 
said before mentioned straight and direct Lyne called the 
Lyne of Partition drawn through the said Tract of Land 
from the said North Partition Poynt unto the said South 
Partition Poynt by the consent and agreement before 
mentioned intended for the divideing and makeing a parti- 
tion or separation of the said Westernly part share and 
portion from the before mentioned Easternly Part Share 
and Portion of the said Tract of Land and premisses soe 
conveyed by his said Royall Highness as aforesaid And 
herein before l)argained sold and conve3'ed by the said 
William Penn Gawen Lawry Nicholas Lucas and Edward 
Billinge unto the said S"" George Carterett as aforesaid And 
all and every the Isles Islands Rivers Mynes Myneralls 
Woods Fishings hawkeings Hunteings and Fowleings And 
all other Royaltyes Goverments Powers Forts P'ranchises 
Harbours Proiitts Commodityes and Hereditaments what- 
soever unto the said Westernly part share and Portion of 
the said Tract of Land and premisses hereby bargained by 
the said S"" George Carterett belonging or any ways apper- 
teining with their and everey of their appurtenances And 
^^all-the Estate Right Title interest Benefitt advantage 
Clame and demand whatsoever as well in Law as in Equity 
of him the said S' George Carterett of in unto and out of 



1676] QriNTi PARTITE DKED. 217 

tlie same ;ukI of in unto and out out of every part and 
parcell of tlie same togetlier with the Kevertion and 
Revertions Ileniaynder and reniaynders of tlie same and of 
every part and parcell of the same And all Rents Dutyes 
and and services reserved upon any estates or grants here- 
t(»fore made or granted by tlie said Lord Berkley and S'' 
George Carterett or either of them of any part or parts of 
the said premisses hereby conveyed to the said William 
Penn Gawen Lawry and Nicholas Lucas or herein or hereby 
mentioned or intended soe to be All which said Westernly 
part share and Portion Parts shares and Portions of the 
said Tract of Land and premisses are now by the consent 
and Agreement of the said partyes to theis presents called 
and agreed from henceforth to be called by the name West 
New Jersey And is all that and only all that Part Share 
and portion and All those parts shares and portions of the 
said Tract of Land and premisses soe conveyed by his said 
Royall Highness as aforesaid aslyeth extended Westward 
or Southward from the west syde of the said Lyne of 
Partition before mentioned To Have and To Hold unto 
tiie said William Penn Gawen Lawry and Nicholas Lucas 
their heires and Assio-nes in severaltv to the onlv use of 
the said William Penn Gawen Lawry and Nicholas Lucas 
and of their heires and Assignes forever And The said 
S"" George Carterett for him his heires Executors and 
Administrators doth by these presents Covenant (Ti-ant and 
agree to and with the said William Penn his heires and 
Assignes And also to and with the said Gawen ].awry his 
heires and Assignes And Lykewyse to and with the said 
Nicholas Lucas his heires and Assignes And also to and 
with the said Edward Billinge his heires and Assignes That 
he the said S'' George Carterett hath not at any tyme here- 
tofore done or suffred any act matter or thing whatsoever 
whereby or by reason whereof the said premisses hereby 
bargained sold Released continued or conveyed by him the 
said S"" George Carterett unto the said William Penn 
Gawen Lawry and Nicholas Lucas or herein or hereby 



21S NEW JERSEY f'OLONlAI. DO<TMENTS. [1^^^ 

meant mentioned or Intended soe to be or any part or par- 
cell of the same is are shall or may be any M'ays changed 
burthened or Inennibred in Title Charge Estate or other- 
wise howsoevei- other then snch an-eai's (if any be) which 
now at the day of the date of theis presents are due and 
unpaid upon any the Reservations conteyned in the said 
lierein before recyted letters Paient and herein before 
]-ecyted conveyances herein before recyted to have beene 
made by his said Royall Highness the said Duke of Yorke 
or either or any of them And other tlien such Lawfull 
Estates a]id Grants of Lands and ])lantations parcell of the 
said premisses as have beene at any tyme heretofore by 
him the said S'' George either l>y himselfe or together with 
the said Lord Berkeley or by Authority lawfully derived 
from him or from him and the said Lord Berkeley made or 
granted to any Plantei- or. Planters now in actuall posseses- 
sion of the same lands and Plantations And which have 
beene made and granted according to the Rules and Lawes 
of Plantations now in force in the said Country under the 
usuall and accustomed Rents Dutyes and services by the 
said Rules and Lawes appointed and directed to be reserved 
upon Grants of Lands and Plantations made and granted to 
Planters seateing themselves there All and singuler which 
said Rents dutyes and services reserved upon which said 
Estates and Grants shall be from henceforth due and paya- 
ble unto the said William Penn Gawen Lawry and Nicholas 
Lucas their heires and Assignes of Avhom all such Estates 
soe made and granted as aforesaid Are to be from hence- 
forth holden according to the true intent of theis presents 
and of all the respective parties hereunto And it is hereby 
declared and agreed by all the said respective partyes to 
theis presents to be the true Litent and meaneing of theis 
presents and of all the respective partyes hereunto that the 
aforesaid Rent of twenty Nobles herein before mentioned 
to be reserved due and payable unto his said Royall High- 
ness the said James Duke of Yorke and his heires shall 
from henceforth be equally paid and borne in manner 



16Tr>] QtriNTT PARTITE nF.KP. 219 

following That is to say one eqnall moyety or lialfc ])ai't 
thereof by the said S*" (xeorge Carterett his heires and 
Assignee and be issueing out of and charged and chargeable 
upon that part and share of the said premisses which is 
hereby conveyed nnto him the said S"" George Carterett his 
heires and Assignes and the other equall moyety or halfe 
part thereof by the said William Penn Gawen Lawry and 
J^icholas Lncas their heires and Assignes and to be issneing 
out of and chai-ged and chargeable upon that part and 
Share of the said premisses which is hereby conveyed unto 
the said William Penn Gawen Lawry and Nicholas Lucas 
their heires and Assignes In Witness whereof all the 
said respective partyes to theis presents have to each part 
of theis prents sett their respective hands and scales the 
day and yeare tirst above written 

Recognit Gawen Lawry 6" die 

July 1676 C(.ra' Mg'o in Can'laria 

Miles Poole 

G Carterett Wm Penn Gawen Lawrie 

[l. s.] [l. s.] [l. s.] 

]SicH0 Lucas E. Byllynge 

[l. s.] [l. S.J 

[Ou the back.] 

Sealed and Delivered in the presence of 
Hen: West James Bowers Thomas Langhorne 

Richard Langhorne John Richardson 



I 



Insiriici ions from William Penn. Gairen Lmvrii\ EduMvd 
Byllynye, yicholas Lucas and Edmond Warntr ty 
their ConiniisKione/:s ni II fst Jersey. 

[Eiom the Origiual iu the New Jersey Historical Society Library . | 

London the 18^^^ 6 m° called AugV 1H7(5 
Wee whose names are heei- under Subscribed doe 
o-iue full Power Com'isiou tfe Autlioi'ity unto 



220 NEW .TERSEV COLONIAL DOCUMENTS. [1676 

James A\'^ase Kicliard Hartliuru ^ ^ Ricli'^ Guy 
or any two of Them to act <fe doe for us 
According to the foHowiiig Instructions, and 
Avee doe Insrao^e to Ratifie tfe CN)nfirm whatso- 
e\er They shall doe in Prosecution of the Same. 

(1) Wee desire you to get a meeting w*^*" John ffenwick 
and y^ People that went w*** him (but wee wold not haue 
you tell your business) untill you gett Them together. Then 
shew & read y*" deed of Partition with George C'artwright 
alsoe, the Transactions between William Penn, Nicholas 
Lucas, (4awen Lawry, John Elridge & Edmond Warner, 
and tlien read our Letter to John ifenwick & y^ rest and 
shew John ffenwick He hath noe Power to sell any Land 
theer without y^ Consent of Jolin Elridg and Edmond 
Warnei" 

(2) Know at John Fenwick, if He will be willing peace- 
ably to Lett the Land liee hath taken up of the Xatives be 
devided in a 100 parts according to our and his Agreement 
in England ; Casting Lotts for y^ Same Wee being willing 
that Those wlioe being Setled and haue Cultivated ground 
now w^^ him shall Injoy the Same witliout being turned 
out although They fall into our Lott, alwayes Provided 
that wee be reamburst y*" Like value cV: quantitie in grounds 
out of Jo° ffenwicks Lotts, and wee are alsoe Content to 
pay our 90"' parts of what is paid to y^ Natives for y^ same, 
And for what James Wass hath purchassed of Jo" tfen- 

1 KuHAKli Hakt.shoksk came to the pros-iuce iu September, 1(509, and located him- 
self in Middletown, Monmouth County. Sandy Hook was firat held under a grant to 
him, in 1677. He was a Quaker by profession, and an account of the country, written 
by him and circulated iu England, induced considerable emigration. A letter from 
him. dated November Vith, 167.'>. is one of a collection printed in 1676, a far xhnite 
copy of which is in the New Jersey Historical Society Library. He soon attained 
popularity in East Jersey, but did not enter into public life until early iu 1684, when 
he was appointed one of Deputy Governor Lawrie's Council. Thesucceediuji year he 
was elected to the General Assembly from Middletown ; was chosen Speaker in 1686, 
and continued to hold that position until October, 1693 : and, again, from February, 
1696, to March, 1698, when he became one of Governor Basse's Council. He still con- 
tiDued to hold his seat as a member of the Assembly, and filled both positions until 
ihe surrender of the Government to the Crown. See Smith's " History of New Jer- 
sey," p. 63; "East Jersey Under the Proprietary Governments," id Edit., pp. 46. 58, 
&c.: "Minutes of Council." Ed. 



1^)76] IXSTRT'CTIONS TO W, JERSEY COMMISSIONEKS. 221 

M'iok, and lie settiniJj out y'' saiiie unto him not beins^ in a 
Place to be alotted for a Towne upon a River but att a 
distance, & y^ s'' J"n tfcnwick allowing us Like value in 
goodnes in some other of His Lotts Wee are willing hee 
shall possess y*^ same from any claming by or under us And 
for the Towne Lots wee are willing hee Enjoy y® sarne as 
freely as any .... 

(3) Take Liformation from Some y' knoues \^ sound- 
ings of y'^ River & Creeks and that is acquaint in y^ Coun- 
try and when James Wase is in Maryland hee may Licpiire 
for one Agustin whoe as wee heare did sound most part of 
Deliver River & the Creeks He is an able Surveyer See 
to agree M*ith Him to goe with you up the River as farr as 
over against Newcastell or further if you can soe farr as a 
vessell of 1<I0 Tun can goe for Wee intend to haue a way 
cut Cross y® Country to Sandy hook soe y*^ further uv the 
River y'' way will be y® shorter and therupon some Creek 
or bay in some halthy Ground lind out a Place fitt to make 
a Settlement for a Towne and then goe to y*" Lidians and 
agree w'*' Them for a Track of Land about the said place 
of Twenty or Thirty myles Long more or less as yee see 
meet, and as broad as you see meet If it be to y® midle wee 
care not only Enquire if George Cartwright have not pur- 
chased Some there already y^ soe you may not buy it over 
again e 

(4) Then Lay out four or live Thousand Akers for a 
Towne and if ^\gustine will undertake to doe it reasonably 
Lett him doe it for He is the littest Man and if He think 
he cannot Survey soe much being in the winter time then 
Let him Lay out y'' less for a Towne at present li it be but 
two Thousand Akers and let him devide it in a hundred 
parts & when it is done lett John flenwick if he pleas be 
There however lett him haue Notice but however lett 
some of you be there to See y*" Lotts cast freely by one 
Person y* is not Concerned — The Lotts are from No 1 to a 
hundred and put y'' same nvmbers of y*" Lotts in the Parti- 
tion Trees for distinction 



22-3 ICEW .TERBEY COLONIAL DOCUMENTS. [1676 

(o) If John ffenwick and Those Concernd with him be 
willing to Joyn with yon in those Things as aboue which 
is Jnst (fe faire then He or any of them may goe along, 
with you in yo"" busines and lett them pay their Proportion 
of what is paid to y^ Natives w**" other Charges and soe hee 
and They may despose of their Lotts with Consent of John 
Elridge & Edmond Warner, which Lotts are 20 : 21 : 26 : 
27: 36: 47: 50: 57: 63: 72:— 

(6) If John ifenwick and his People refuse to lett 
y* Land They have taken up of y* Natives be devided & 
refuse to Joyn with you, you may lett the Country know 
in what Capasity John Finwick stands That He hath noe 
Power over y* Persons or Estates of any Man or Woman 
more then any other Person. 

(7) What Land Thow takes of the Natives lett it be 
taken in our Names viz Nynty parts for the use of William 
Penn Gawen LaM'ry & Nicholas Lucas and Ten parts for 
J°n Elradge <fe Edmond Warner. — • 

(8) After you haue taken up land as aboue and devided 
for a Town or Setlment and cast Lotts for y^ same as aboue 
Then If any haue a mynd to buy one or more Proprietyes 
sell them all two hundred . . . piece They taking 
Their Lotts as others doe paying to you in hand y* value of 
fifty pound in part of a Propriety & y* rest on Sealing 
there Conveyance in London, and soe They may presently 
setle when any of the I^otts falls to us that is to say Hee 
y* buyeth a Propriety may setle on any one Lott of Nynty 
parts which said persons y* biiyes and what Lotts falls to 
Them There They may setle and acquaint us what Numbers 
they are and If any will take Land to Them cfe y"" heires for 
ever for every Aker taken up in a Place laid out for a 
Towne According to y* Concessions They are not to haue 
aboue what shall fall by Lott to a Proprietj' in a Towne. 

(!♦) What Charges James Wase is at by taking up the 
Land of y'' Natives Wee doe obleidge to pay y* same unto 
liim again w'" what protfitt is usual there upon English 
Goods & he may .... pois upon two lots one in 



1676] INSTRUCTIONft TO W. .lERSKY COMMI&6IONER5. 223 

each Towne If they be taken up before v' comep away to 
his own proper use for his trouble & pains nnd we doe 
alsoe Engage to aloM- cV pay what Charges any of our 
Coniission'"' shall disl)urst In Executing these our Instrnc- 
tions to them or their Assignes. 

(10) Lett us be advised by the first Shij) y' Cometh for 
England of all Proceedings herupon and writt to the 
Friends at Sandy hook Leting them know how things are 
and y^ Wee hauc devided with George Cartwright and 
y* our de vision is all along on Daliuer River and that Wee 
haue made Concessions, by o^selves which Wee hope will 
satisfye P'riends there If John ft'enwick or any of y® People 
w'" Him desire a Cop})ie of y'' deed of Partition let them 
haue it 

(U) Wee desire that our Origonall deed may be keept 
in y"^ own Custodie that it may be ready to shew unto 
y* rest of y® Comission""' which we intend to send over in 
y® Spring with full Power for sctling things and to lay out 
Land & dispose ui)ou it, and for the setling some method 
of (-iovernment according to y*^ Concessions. — 

(12) If you cannot get Agnstin to goe w"' you or y' hee 
be unreasonable in his demands then send a Man to Thomas 
Bushroods at Essex Lodge in Yorke River for William 
Elliot whoe writt to Gawen Lawry this year and offord 
himself to be a Surveyer and till .... orders from 
s'' Lawry to send for him and take him w"' you Hee will 
be willing to be there all winter efe will survey & doe other 
things. He had a good Plantation in Virginia but was not 
able to keep it He is a fair Conditioned Sober Man let him 
stav v"" all winter and ord"" Him some thing to line upon 

(13) If y'' said Elliot goe w"' you giue him directions 
what to doe if you cannot stay till a place for a Towne be 
surveyed yet we tliiuke you may stay untill you have not 
o)ily pitched upon a Place for a Towne but alsoe upon a 
Place for a second Towne & setlment and have marked out 
y* place round ahout there and left William Elliott devide 
both which noe doubt but Lie may doe before y'" Spring 



224 NEW JERSEY COLONIAL DOCUMENTS. [1676 

y* Wee send over more Cotness^ and People and if J°n 
ffenwick be willing to goe on Joyntly w'** you there his 
Snrveyer may goe a long & help ours & y** Charges shall 
be brought in for both proportionably on all. Mynd this 
& speak to Rich'^ Gay or Rich** Hartshorne & leave ord" 
w*^ Them to left William Elliot have provisions for him- 
self till Spring And wee shall order Them satisfaction for 
y^ same And if there be noe house neer y® Place you take 
up for y'^ Surveyors to Lodge in Then let there be a 
(^otadge built for Them on y^ Place and Wee will alow the 
Charges. 

(14) And wherjiis there is Tackling their already for 
fitting up a Sloop as Wee Judge in y^ Custodie of Rich* 
Gay Wee also giue you Power if you see meet & y* it be 
of necessary use & advantage for y^ wholl Conscrn you may 
Order those ship Carpent^ to" build a Sloop su table for 
those materials & apoint Them some provisions for y"" food 
& for y^ rest of y^ wages Thy shall either haue it in a part 
of Sloop Or be otherwayes satisfyed in the Spring of y^ 
yeare The s" Sloop to be ordered 6z disposed upon by you 
iintill more Comiss"".' come over w"' further Instructions— 

(15) ffor y* . . goods Wee have sent over w**^ John 
Wase, are to be disposed upon for purchassing Land from 
y« Natives or otherwayes as need is giveing us Acco';' y'of. 








^^^^^U(A^ 



1676] fenwicke's? agreement with settlers. 225 



First Agreement for Scttlrment of West Neir Jersey. 

(From Johneon's " Historiral Acfonut of the First Settlement of Salem," p. 16. | 1 

Tlie first and general oi'der, as agreed upon ])y 
John Fenwicke and the first purehasers. 

We M'liose names are here sul^scribed, do first declare, as 
hereby is declared, that we have been exposed to great 
hazards, straits, dangers and cruelties whilst at sea. John 
Lord Berkeley's deed being declared to be left in England, 
was the cause of oui" troubles we met with there, and at 
our arrival, when our sorrows were multiplied, our miseries 
increased through cruelties and oppression ; so that, as it 
appeared, John Eldrige and Edmond Warner labored to 
send us awaj' with the shadow, whilst they detained from 
us the substance, that sliould every where preserve us and 
our interest from ruin, even the ruin under which we hith- 
erto groaned, and like to be ruined, having received no 
relief from England, neither can we hear when to expect any ; 
but wholly left as a people forsaken even forsaken of them 
that pretended to take care of us ; and many of those that 
embarked with us in the same undertaking- did also desert 
us, and disperse themselves into other countries ; so that 
now, if we can live, we may — if we cannot, we may die, 
for the care that has been and is taken by those men, as if 
their own interests were our destruction. But, blessed be 
the God of heaven and of earth, who hath showed us 
mercy, (to the amazement of our enemies here, and so it 
will be also to others in due time,) praised be his name for 
ever, he hath also by his Spirit stirred in the hearts of 
many good people to pity us, and made them willing to 
come and join with us, sitting down together in this tract 
of land, which John Fenwicke, the chief proprietor, pur- 

1 Mr. Johnson not stating where the original is to be found, (if yet in existence,) 
the document is here printed, as he gives it, modernized. 



226 NEW JERSKV COLONIAL r>OCtTMENTS. [1676 

chased of the natives for his colony, and to satisfy every of 
his purchasers by setting; out their tracts of land therein 
accordingly. To the end, therefore, that the Lord's reqnir- 
ings may be answered, the desires of strangers satisfied, the 
said colony planted, we and onr families preserved from 
ruin, every purchaser having his land set out, the natives 
neither provocated nor tempted, but all our lives preserved 
by setting out and planting the land as people come to take 
it up, and s<» sitting down together as iii other countries — - 
We, after many meetings and serious consultations, do 
unanimously agree and conclude upon the method follow- 
ing, which we, the chief purchasers of Fenwicke's colony, 
and other the purchasers and freeholders residing within 
the same, do approve of and judge to be most just, reason- 
able and equal ; and do therefore declare and order, that 
every purchaser that is resident shall forthwith have his 
tract of land set out — the one-half in the liberty of Cohan 
zick, the other half in the liberty of Allaways, or as the 
chief proprietor shall order the same there or elsewhere ; 
the said purchasers casting lots only, who shall begin and 
supceed till their tracts be surveyed and set out; and after 
their tracts of land are set forth and surveyed, then in 
order according to the lots as aforesaid, shall the tracts of 
which they are entrusted with be set out and surveyed also, 
as they come to sit down upon and improve the same, 
making it first appear to the chief proprietor and council 
that they really intend the same. 

2d. That there shall be a neck or two of land set out for 
a town at Cohanzick, and divided into two parts — the one 
for the chief proprietor, the other to be set out in town 
lots for the purchasers, which lots are to be reckoned as 
part of their purchases. The chief proprietor is to settle 
upon the town, f/rafis, a common of marsh, and to dispose 
of his part for the encouraging of trade. That the said 
lots shall be sixteen acres a-piece, and that every purchaser 
shall take their lots in the town as they come to take them 
up and plant them. 



16T^'»'| FENWTOKe's agreement WlTIt SETTtERS. 227 

And as for tlie settling- of the town of New Salem, it is 
likewise ordei'ed tliat the town he divided hy a street; that 
the south-east side be for tlie jMirehasers, who are to take 
their lots of sixteen acres as they oome to take them up 
and plant them, as they hapjx'n to join to the lots of the 
purchasers resident, who ai-e to hold their ])resent planta- 
tions, and all of them to be accounted as part of their pur- 
chases ; and the other part, on the north and by east and 
by south, is to be disposed of by the chief proprietor for 
the encmiragement of trade ; he also giving for the good of 
the town in general, the field of marsh that lieth between 
the town and Goodchild's ])lantation ; — and. 

Lastly, we do leave all other things concerning the set- 
ting forth and surveying the said purchases, unto the chief 
proprietor, to order as he sees fit. 

Signed accordingly, the t\venty-fifth day of the Fourth 
month, 1676. Fenwkke. 

Edward Wade, John Smith, Richard Xoble, 

Saml. Nicholson, John Addams, Hypolite Lefevre, 

Edward Champnes, Richard Whitacar, William Malster, 
Robert Wade. 



Lttter from the Propridors of Wesf Jfr.^e;/ to BicharJ 
H((rt{<h(>i'nt, One ofthetr ('oiiniilsf<tonei'>^. 

[As priuted in Smith's '•History of New Jersey," p. 30. | 

T<» Richard Hartshorne 

London 26th of the 
Bichnrd Hartxliorne 6th month, 1676. 

We have made use of thy name in a commission and 
instructions, which we have sent by James Wasse, who is 
gone in Samuel Groome's ship for Maryland ct a copy of 
whicli is here inclosed, and also a copy of a letter we have 
sent to John Fenwick, to be read to him in presence of as 
many of the people that went with him as may be ; and 
because we both expect, and also entreat, and desire thy 



5^8 NEW JERSEY COLONIAL DOCUMENTS. [1676 

assistance in the same, we will a little shew things to thee, 
that thou may inform not only thyself, but freinds there ; 
which in short is as follows, 

1st. We have divided with George Carteret, and have 
sealed deeds of partition, each to the other ; and we have 
all that side on Delaware river from one end to the other ; 
the line of partition is from the east side of little Egg Har- 
bour, straight North, through the country, to the utmost 
branch of Delaware river; with all powers, privileges, and 
immunities whatsoever ; ours is called Aetr We)<t-Jerf<ey, 
his is called JS^'ev Ead-Jersey. 

2d. We have made concessions by ourselves, being such 
as freinds here and there (we question not) will approve 
of, having sent a copy of them by James Wasse ; there we 
lay a foundation for after ages to understand their liberty 
as men and christians, that they may not be brought in 
bondage, but by their own consent ; for we put the power 
in the people, that is to say, they to meet, and choose one 
honest man for each propriety, who hath subscribed to the 
' concessions ; all these men to meet as an assembly there, 
to make and repeal laws, to choose a governor, or a com- 
missioner, and twelve assistants, to execute the laws during 
their pleasure ; so every man is capable to choose or bt 
chosen ; No man to be arrested, condemned, imprisoned, 
or molested in his estate or liberty, but by twelve men ol 
the neighbourhood. No man to lie in prison for debt, bu1 
that his estate satisfy as far as it will go, and be set a1 
liberty to work ; No person to be called in question oi 
molested for his conscience, or for worshipping according 
to his conscience; with many more things mentioned ii 
the said concessions. 

3. We have sent over by James Wasse, a commissior 
under our hands and seals, wherein we inipower thyself 
James Wasse and Kichard Guy, or any two of you, to ac 
and do according to the instructions, of which here is i 
copy; having also sent some goods, to buy and purchas( 
some land of the natives. 



]fi7fi] INSTRUCTIONS TO RICHARD HARTSHORNE. 229 

4. We intend in the spring to send over some more 
commissioners, with the friends and people that cometh 
there ; because James Wasse is to return in Samuel 
Grrooni's ship for England ; for Richard Guy, we Judge 
bim to be an honest man, yet, we are afraid that John' 
Fenwick will hurt him, and get him to condescend to 
things that may not be for the good of the whole ; so we 
liope thou wilt ballance him to what is just and fair ; that 
John Fenwick betray him not, that things may go on easy 
without hurt or jar ; which is the desire of all freinds ; 
^nd we hope West Jersey will be soon planted ; it being in 
the minds of many friends to prepare for their going 
against the spring. 

5. Having thus far given thee a sketch of things, we 
come now^ [to desire thy assistance, and the assistance of 
other friends in your parts ; and we hope it will be at 
length an advantage to you there, both upon truth's account, 
and other ways ; and in regard many families more may 
L'ome over in the spring to Delaware side, to settle and 
plant, and will be assigned by us to take possession of their 
particular lots ; we do intreat and desire, that thou, know- 
ing the country, and how to deal with the natives ; we say, 
that thee, and some other friends, would go over to Dela- 
ware side, as soon as this comes to your hands, or as soon 
as you can conveniently ; and James Wasse is to come to a 
place called New-Castle, on the other side of Delaware 
river, to stay for thee, and any that will go with him ; and' 
you all to advise together, and find out a lit place to take 
lip for a town, and agree with the natives for a tract of 
land ; and then let it be surveyed and divided in one hun- 
dred parts ; for that is the method we have agreed to take, 
and we cannot alter it ; and if you set men to work to 
clear some of the ground, we would be at the charges ; and 
we do intend to satisfy thee for any charge tho art at, and 
for thy pains ; This we w^ould not have neglected ; for we 
know^, and you that^are there know, that if the land be not 
taken up before the spring, that many people come over 



230 NEW JERSEY COLONIAL DOCUMENTS. [1676 

there, the natives will insist on high demands, and so we 
shall suifer by buying at dear rates, anfl our friends that 
cometh over, be at great trouble and charges until a place 
be bought and divided ; for we do not like the tract of 
land John Fenwick hath bought, so as to make it our iirst 
settlement ; but we would have thee and friends there, to 
provide and take up a place on some creek or river, that 
may lie nearer you, and such a place as you may like ; for 
may be it may come in your minds to come over to our 
side, when you see the hand of the Lord with us ; and so 
we can say no more, but leave the thing with you, believ- 
ing that friends there will have a regard to friends settling, 
that it may be done in that way and method, that may be 
for the good of the whole ; rest thy friends, 

Gawen Lawrie William Penn Nicholas Lucas 
E. Byllynoe John Eldridge Edmond Warner. 



/V/y John. Werdeit to Governor Aiuh'os. 

[From -New York Colonial Docuineuts,' Vol. III., p. 240,] 

Sir. [^Ejotnirf .^ 

I adde thus much further in relac'on to 

Sir George Carterett's Colony of New Jersey, y^ is, that I 
have acipiainted his R" High"' with what M*" Dyre writes 
to me, about his late bickering w'** Capt. Carteret for not 
letting a Present pass &% and though small matters are 
hardly worth y^ notice especially where Sir George Car- 
terett himselfe is concerned ; (for whome the Duke hath 
much esteeme and regard) I doe not find y*^ y'^ Duke is at 
all inclined to lett goe any part of his prerogative w'^'' you 
and your predecess""* have all along constantly asserted in 
his behalfe ; and soe, though at present in respect to Sir 
Geo: we soften things all we may not to disturbe his 
choller (for in truth the passion of his inferio"" offic""' soe far 
infects him as puts him on demands w*'^ he hath noe colour 
of right to) I verily believe shouldjiis foote chance to slip, 



1676] LETTER FROM THE TRUSTEES OF W. JERSEY. 231 

those who succeed liiiii must be content w*^ lesse civility 
y" we shew him in y' point, since y" we sliould exercise y'' 
just authority his R" Hiji:li'"* hath witliout such reserves, as 
though intended but favours now, may, if confirmed, 
redound too much to y*' prejudice of yo"" Colony. You 
will reserve wliat I say in y'^ paragraph to your selfe. . . 



Dated at S^ James's Aug^' y« ^V^ 1676 
To Major Andkos. 



Letter f I'D III Will lain, Peini, Gairtti Latrrie and Nicholas, 
Lucas to those Proposuuj to Settle in West Jersey. 

IFiom Smith's " Hi.story ol'New Jersey," p, 8?.] 

Ej'istle 

Dear friends and brethien 

In the pure love and precous fellowship of our Lord 
Jesus Christ, we very dearly salute you : Forasnnich as 
there was a paper printed several months since, entitled, 
The description of New- West-Jerseij, in the which our 
names were mentioned as trustees for one undevided moiety 
of the said province : And because it is alledged that some, 
partly on this account, and others apprehending, that the 
paper by the manner of its expression came from the body 
of friends, as a religious society of people, and not from 
particulars, have through these mistakes, weakly concluded 
that the said description in matter and form might be writ, 
printed and recommended on purpose to prompt and allure 
people, to dis-settle and transplant themselves, as it's also 
by some alledged : And because that we are informed, that 
several have on that account, taken encouragement and 
resolution to transplant themselves and families to the said 
province ; and lest any of them (as is feared by some) 
should go out of a curious and unsettled mind, and others 
to slum the testimony of the blessed cross of Jesus, of 



232 • NEW JERSEY COLONIAL DOCUMENTS. [1676 

which several weighty friends have a godly Jealousy upon 
their spirits ; lest an unwarrantable forwardness should act 
or hurry any beside or beyond the wisdom and counsel of 
the lord, or the freedom of his light and spirit in their own 
hearts, and not upon good and weighty grounds ; It truly 
laid hard upon us, to let friends know how the matter 
stands ; which we shall endeavour to do with all clearness 
and iidelity. 

1. That there is such a provlaw as N^eoj- Jersey, is cer- 
tain — 

2. That it is reputed of those who have lived and have 
travelled in that country, to be wholesome of air and fruit- 
ful of soil, and capable of sea trade, is also certain ; and it 
is not right in any to dispise or dispraise it, or disswade 
those that iind freedom from the Lord, and necessity put 
them on going. 

3. That the Duke of York sold it to those called lord 
Berkeley, baron of Stratton, and sir George Carteret, 
equally to be divided between them, is also certain. 

4. One tnoietij or half part of the said prorlnre, being 
the right of the said lord Berkeley, was sold by liim to 
John Fenwick, in trust for Edward Byllinge, and his 
assigns 

5. Forasmuch as E. B. (after AVilliam Penn had ended 
the difference between the said Edward Byllinge and John 
Fenwick) was w^illing to present his interest in the said 
province to his creditors, as all that he had left him, towards 
their satisfaction, he desired William Penn (though every 
way unconcerned) and Gawen Lawrie, and Nicholas Lucas, 
two of his creditors, to be trustees for performance of the 
same ; and because several of his creditors, particularly 
and very imjwrtunately, pressed William Penn to accept 
of the trust for their sakes and security ; we did all of us 
comply with those and the like requests, and accepted of 
the trust, 

6. Upon this we became trustees for one moiety of the 
said proolnce, yet undivided ; And after no little labour. 



167f)] LETTER FROM THE TRUSTEES OF W. JERSEY. 233 

troiil)le and cost, a division was obtained between the said 
Sir George Carteret and iis, as trustees ; The country is 
situated and bounded as is expressed in the printed descrip- 
tion. 

7. This now divided moiety is to be cast into one Inm- 
dred parts, lots, or proprieties ; ten of which upon the 
agreement made betwixt E. ByUinge and J. Fen wick, was 
settled and conveyed unto J. Fenwick, his executors and 
assigns, with a considerable sum of money, by [way of satis- 
faction for what he became concerned in the purchase from 
the said lord Berkeley, and by him afterwards conveyed to 
John Eldridge and Edmond Warner, their heirs and 
assigns. 

8. The ninety parts remaining are exposed to sale on 
the behalf of tlie creditors of the said E. 1^. And foras- 
much as several friends are concerned as creditors, as well 
as others, and the disposal of so great a part of this country 
being in our hands, we did in real tenderness and regard as 
friends, and especially to the poor and necessitous, make 
friends the first otfer ; that if any of them, though particu- 
larly those that being low in the world, and under trials 
about a comfortable livelihood for themselves and families, 
should be desirous of dealing for any part or parcel there- 
of, that they might have the refusal. 

[). This was the real and honest intent of our hearts, 
and not to prompt or allure any out of their places, either 
by the credit our names might have with our people 
throughout the nation, or by representing the thing other- 
wise than it is in itself. — 

As for the printed paper sometime since set forth by the 
creditors, as a description of that province ; we say as to 
two passages in it, they are not so clearly and safely 
worded as ought to have been ; particularly, in seeming to 
limit the aunUr season to so short a time ; when on fur- 
ther information, we hear it is sometime longer and some- 
time shorter than therein expressed ; and the last clause 
relating to liberty of conscience, we would not have any to 



234 NEW JERSEY COLONIAL DOCUMENTS. [1676 

think, that it is promised or intended to maintain the 
liberty of the exercise of religion by force and arms ; 
though we shall never consent to any the least violence on 
conscience ; yet it was never designed to encourage any to 
expect by force of arms to have liberty of conscience fenced 
against invaders thereof. 

10. And be it known unto you all, in the name and 
fear of Almighty God, his glory and honour, power and 
wisdom, truth and kingdom, is dearer to ns than all visible 
things ; and as our eye has been single, and our heart sin- 
cere to the living God, in this as in other things ; so we 
desire all whom it may concern, that all groundless jeal- 
ousies may be judged down and watched against, and that 
all extemes may be avoided on all hands by the power 
of the Lord ; that nothing which hurts or grieves the 
holy life of truth in any that goes or stays, may be 
adhered to ; nor any provocations given to break precious 
unity. 

This am J, William Tenn, moved of the Lord, to write 
unto you, lest any bring a temptation upon themselves or 
others ; and in offending the Lord, slay their own peace : 
Blessed are they tJiat can see, and hehold lihn their leader, 
their orelerer, their comlactor and preserver, in staying or 
going ; Whose is the earth and the fullness thcrt'of, and tho 
cattle upon a thousand hills. And as we formerly writ, we 
cannot but repeat our request upon you, that in whomso- 
ever a desire i* to be concerned in this intended plant<dion, 
such would weigh the thing before the Lord, and not 
headily or rashly conclude on any such remove ; and that 
they do not offer violence to the tender love of their 
kindi-ed and relations ; Ind soherly and mmcientionsly 
endeavour to obtain their good wills, the unity of friends 
adhere they lice ; that whether they go or stay, it may he of 
good favour hfore the Lord {and, good people) from whiun 
only can (dl lieacenly and, earthly hUssings come. This we 
thought good to write for the preventing of all misunder- 
standings, and to declare the real truth of the matter ; and 



1676] PROCEEDINGS AGAINST FENWICKE. 235 

SO we commend you all to the Lord, who is the watchman 
of his Israel. 

We are your friends and brethren, 

WiLr>iAM Penn 

(4 A WEN LaWRIE 

[September 1676] Nicholas Lucas 



Mimift.s of (I Cninicll^ Held at NiH-! York, in luhifion 
to M(i]or .John Fenicickes Gmntlnij Patents In New 
Jersey.^ 

lExtract from "New York Colonial Documeuts. " Vol. XII., p. 5(j5. | 

At a Councell lield at New York 
November 20*f 1676 

Entred in the Councell booke. The answer to the pro- 
posalls to bee in Comon booke of entryes 

Severall Letf' being read concerning Majo"' John Fen- 
wicks actings in New Jersey on the east side of Dela- 
ware River by his granting patents for Land, cV: refusing 
to obey the Governo''' speciall warrant etc 

Kesolved, it imputing his majesties service, & good <k 
quiet of those parts & Inhabitants. That hee bee sent for, 
with the lirst Convenience hither, & if there bee occasion 
that the Comander <k Magistrates at Delaware doe use 
force for seizing ct sending him 

That there being no Law^full Authority for Major Fen- 
wyck's giving forth patents for Land, Its not thought fitt to 
returne back those sent hither. But the persons who have 
paid their moneys for them, may have their Remedy at 
Law for the same, against the person that gave them. 

Vpon the Complaint of Jean Paul Jaquet, That hee hath 
been dispossest by Majo'" Fenwyck of some Land on the 
East side of Delaware River, ordered. That the said Jean 
Paul Jaquet bee repossest of what land hee was in posses- 

1 The purport of this minute was communicated by Goveiuor Audros to the 
ma);i8tiat<>8 of Newcastle, by letter dated November 2.3d. "New York Colonial 
Documents," Vol. XII., p. 566. Eu. 



236 NEW JEKSEY COLONIAL DOCUMENTS. [1676 

sion of on the East side of the River, at the last coming in 
of the English Government ; The which the Co'*" is to take 
order about, and if occasion the Comander at Delaware is 
to assist them. 



Proceedings at a Court for the Trial of Major John 

Fenwicke. 

[From "New York Colonial Documents," Vol. XII., p. 568.] 

At a special Co'".* held the 12^'* day of Jan. 167?, about 
Majo"" John Fenwycks businesse 

The Councell Justices & May*" & Aldermen call'd over 

JVIajo"" Fenwyck brought to the barre. 

The Jury calFd over (return'd by the High SheriflPe) & 
sworne. 

The presentm' in the name of Sanmell Leete tfec read, 
charging him w'*' a Ryot &c. 

Hee is prest to plead, but pretends to appeale & saith 
hee is ignorant of the Lawes & proceedings of this Gov- 
ern m* ; 

Hee pleads not Guilty. 

The K' L""^' patents to the D, ife the Dukes to the Gov- 
erno"" read. 

One of Majo"" Fenwyck's deeds read dated July 15**" 
1676 

Another deed read to the same purpose, another dated 
4ug. lO'f' 1676, 

Another more large the same date. 

Majo'' Fenwycks licence to distill N" 4. 

Jean Paul Jaquets complaint, with several deposicons 
read N° 8, his land called Stoon brooke, given away by M. 
Fenwyck to John Erickson. 

Majo"" Fenwyck ownes his land <fe justilies his actions, 
confessing all the patents &c to bee his act «fe deed. 

Hee pleads for himselfe, to hold from the Lord John 



lOTT] TRIAL OF FENWICKE. 237 

Berkely & makes a Long discourse, denyes that any part 
of New Jersey is under the Jurisdiction of this Co''' & 
pleads his liberty to appeale to his Ma^'*". 

Hee pleads over & over The K. can doe no wrong, & hee 
must appeale to him. 

He s"' an undoubted Interest can not bee destroyed, & 
that the L** Berkely hath an undoubted right, 6: conse- 
quently hee hath. 

That S"" Geo: Carteret being repossest by a new Graunt 
from his R. ff of a Ft. its as good as for the whole & so 
deemed by the Law. 

Gov. Carterets Letter read wherein he absolutely dis- 
ownes M. Fenwyek. 

Majo^ Fenwycks letter to the Go: read. 

Hee acknowledges to have no originall deed or grant 
here butt was left in Engl. 

Hee s*^ the D [uke] hath nothing to doe in New Jersey, 
& what hath been done by him was there. 

The Go: gives a Charge to the Jury, who goe out upon 
the businesse. 

The Co''' adjourned till 4 afternoon. 
Afternoone. 

The Jury bring in their Yerdict & send for the Pris''. 

The Go : urged to the Jury to declare whether they 
found Majo"" Fenwyek Guilty or not Guilty as to the Pre- 
sentment. They said Guilty 

Majo"" Fenwyek desires an Appeall to the King, & moves 
to have it recorded. 

Hee oiferrs againe to plead in his Justification. 

All ordered to withdraw but the Co''' 

The Co" having considered of the Verdict of the Jury 
doe approve it & confirmes the same & give Judgment 
therefore : 

That M"" F. having acted w'"in his R. H. Patent without 
any legall Authority &c doe pay all costs & charges of this 
Suite & likewise pay a fine of 4:0£ to the Co'"', 



238 NEW JERSEY COLONIAL DOCUMENTS. [1677 

And that liee remaine in Custody untill he give security 
of 500£ to be of the good behavior ife not to act in any 
publick Capacity. T'nless he sliall receive & produce siiffi- 
cient Autliority from tlie Iving, or fi'om some otlier deriv- 
ing from his Mai"'^^ 

As for his Appeal! it is Admited hee giving 500£' 
security more to prosecute it, it to answer any furtlier 
action that may be entred ag^' liim for his illegall actions 
there hithei'to witlioiit Autliority. 



Prooeed'iitcji< Against Major John ?'enmlc]i'e, Under 
Prexentiiwnt of Samut'l Lfete.^ 

[From •' New York Colonial Documents/' Vol. XII., p .569.) 

At a Speciall Co""* of Assises held in New Yorke y^ 12^'' 
day of January in y** 28*^ yeare of his Ma"*^^ Reigne. 
Annoque Dominie 167ti.* 

Present 

The Governo'' & Councill 

The Justices of the Severall Ridings of Yorke- 

shire upon Long Island. 
The May"- & Alderm" of tliis Citty 

Major John Fenw3^ck being Presented to this Co" by 
M'' Sam" Leete, for that hee the said John Fenwyck the 
gd ;^()th jg^y j-,f js^iiggt 167(5 ^ divers times before and Since, 
without any Right or title, with force and armie Ryot- 
eously & Routeously with Fenwyck Addams, Richard 
Handcock, & severall other Persons, hath Possessed him- 
selfe of a large tract or Parcell of ]^and Lying & being 
with in the bounds ife Limitts of his Royall Highness James 
Duke of York his Pattent, from his Ma"** ; that now is, for 
certaine Lands in America, & assuming to himselfe to bee 
Lord Cheife Proprieto'. &c of the same, hath granted to 
severall persons great tracts of Land & taken severall 
sumes of Money for y^ same, & disturbed severall of his 

1 See Ante, p. 186. 2 1676-7. Ed. 



1077] PROCEEtdNCxS AOATNST FF.NWTOTtF:. 2^9 

Ma"''' Subjects., not only in y* Possession of their Estates 
but Kyoteonsly Konteously A:c 

The matter haveing been fully deb^ated, Majo'" Fenwyeks 
Defence & AUegaeons, Evidences and Testimonys heard, 
examined & taken, y*" Jury sent out, "brought in their Ver- 
dict y' they tinde y'' said Major John Fenwyck guilty. 

The Co'*^ haveing Considered the whole matter, Continue 
the same & give Judgement that the said Major Fenwyck 
do pay all the Costs Sz Charges of this suite, & a line of 
forty pounds to the King, & that he remaine in Custody 
untill he give security of five hundred pounds to bee of 
y* good behavior, & not to act in any public Capacity in 
those parts unlesse he receive it" produce sufficient authority 
& commission for the same 

Upon his desire Appeale is admitted hee giveing five 
hundred pound security more to prosecute it & to answer 
any further Action that may be entred against him for his 
past actings there. 

By order of the Speciall (Jo''* of Assizes 

Matthias Nicolls Sect. 



Council Minute— Thomas Olive and Other Passengers of 
the Ship " Kent " • Ask for, and Receive Permission 
to Settle in West Jersey. 

[From "New York ("olouial Documents,' Vol. XII., p. 579.] 

At a Councell Augt i'** 1677 
Thomas Olive, Daniel Willes, John renford, Joseph 
Helmely, Kob' Stacy, and Benjamin Scott, Informing the 
Governor of their being lately come from England in the 
good ship the Kent, Gregory Marloe, Master, now riding 
in the Bay near Sandy Hoeck, intended with about two 
hundred persons to settle in West New-Jersey to the east 
of Delaware River or Bay, claiming the authority of pro- 
prietors and jurisdiction in said parts, tor which Produce 
deed or indentures from his Royall Highnesse to my Lord 
John Berkley and S'' George Carteret both of his Ma*'"' 



240 NEW JERSEY COLONIAL DOCUMENTS. [1677 

most lioii'^"' Privy Councell &c bearing date the 23^^ & 24"' 
day of June 1664, in tlie 16'^ yeare of his Ma"^" reign as 
p'' s^ deed to be called New Jersey &c, and severall other 
Indentures and Deeds of the 18"' of March 1673, in the 
26"^ yeare of y'^ King, of the 9"' & 10^'' of February 1674, 
from my lord Jno. Berkly to Jn° Fenwyck, for a moyety 
of said New Jersey, and from John Fen wick & Edward 
Billing to W" Pen, Clawan Lawry and Nicholas Lucas and 
a Commission of the 4"* of April 1677, from W™ Pen, 
Gawan Lawry and Nicholas Lucas, and Edward Billing, to 
Tho: Olive ikc Eight to bee Commissioners authorized 
from them for west New Jersey and desired time granted 
them for about three days to produce a deed of Particon 
and what else they might have to show or say, which hav- 
ing done upon the Q^^ day said deed bearing date the first 
of July 1676 in 28th yeare of the King, and heard in all 
they would alleadge thereupon, so desireing answer. It 
being taken into consideracon & how the Governo'" should 
act therein. And records being called for, itt appearing by 
his Ma"''' Letf' Pattents of the 24"' of August 1674, the 
26*'' yeare of the King that the Governo"" was authorized 
and commanded, and did receive these countreyes from the 
Dutch and by order and Commission from his R" H* at 
that time for the same, hath continued in the possession 
and Government thereof under his R. H^, Advised & 
Resolved-, that the Governo"" is not discharged (by any thing 
the above Tho. Olive t^c have produced) nor can unless by 
some authority of later date. But upon consideracon of sg 
many persons as alleadged on board, come over upon said 
accompt of settlem*, 

Resolv'd & Ordered that they nuiy all freely land in 
these parts or proceed to Delaware to settle any unim- 
proved land duly purchased submitting under this Govern- 
m* as other his Ma"*"" subjects in every respect for all things 
and differences, unlesse and till they shall recive and pro- 
duce to the Governor here sutticient authority or order 
from England for his discharge 



1077] West .ii^rsey concessions. 241 



77/^ Crmecfifiiont^ and A(jren)tfhix of ^Ve^t Jersey. 

(From LeainiuK i Spicci's ' Giauls and ('oncessious," j). ;iH-J. | 

The Concessions and Agrp:ements of tlie Pro- 
prietors, Fi'eeliolders and Inhabitants of the 
Province of \\Vst New-Jersey, in America 

Chapter I. 
We do consent and agree, as the best present Expedition, 
that snch Persons as sliall be from Time to Time, depnted, 
nominated and apj)ointed Commissioners by the present 
Proprietors or the Major Part of tliem, bj' Writing, under 
their Hands and Seals, sliall be Commissioners for the 
Time being, and have Power to order and manage the 
Estate and Affairs of the said Province of ^Yest New- 
Ji^r^cy^ according to these our Concessions, hereafter 
following, and to depute others in their Place and Author- 
ity in Case of Death or removal, and to contimie until 
some other Persons be deputed, nominated and appointed 
by the same Proprietors^ or the Major Part of them, to 
succeed them in that Office and Service. And the Com- 
missioners for the Time l)eing are to take Care for 
forth and dividing all the Lands of the said Pi'ovince, as 
be already taken up, or by themselves shall be taken up 
and contracted for with the Natives, and the said Land 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 equal 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 ^l B. and so end at the Letter K. And after the 
same is so divided and marked, the said Commissioners are 
to grant unto TJionias Hutchinson of Beverly, 'Thomas 



242 XRW JERSKY COI.ONtAI. DOCUMENTS. [16T7 

Pearson of J^omvieh, Joi^eph Hdnisley, of Great Kelk^ 
George Butchimon, of Sheffield, and Mahkm Stacy of 
Hansicorth, all of the County of Yorl; or their lawful 
Deputies, or particular Commissioners, for themselves and 
their Friends, who are a considerable Number of People, 
and may 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 lirst 
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 Num- 
ber of Ten Proprieties, 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 make choice of, laid out and 
divided into Ten Proprieties, and to allot them so many 
Proprieties, out of the same, as they have Orders 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 Con- 
veniency of the Places will admit <jf ; 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 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 



1077] WEST .IKKSKV COXcRSSION'S. 248 

oi- Other Commissioners sliall be chosen bv the Inhabitants 
of M est f/cffsr//^ us here in these (\iiicessioiis is mentioned 
and appointed. 

And it is further expressly provided and uo-reed to; that 
wliereas there is a Contract or A<^reement granted bv 
Wtlliam Penn^ Gawen Lmcry, and Nicholas lAouf-s-, unto 
JVtmnas Hute/iinson, Thomas Pearson, Joneph Heinish/^ 
Crem'ge H^Uehinson, and MaJdon Sfac;/, dated t\iQ, seeond 
Day of the Month called Mardt, 1676, Instant; wherein 
thev Grant unto the said Persons, certain Priviles'es foi- a 
Town to be built, Nvherebj they have liberty to choose 
their own Magistrates and Ottieers, for executing tlie Laws, 
according to the Concessions M'ithin the said Town : Which 
said Contract or Agreement, is to be held tirm and good to 
all Intents and Purposes, and we do by these our Conces- 
sions contirm the same. 

Chapter II. 

And that all and every Person and Persons, may enjoy 
his and their just and equal Frojjriety, and Purchase of 
Lands in the said Province : It is hereby agreed, concluded 
and ordained, that the Survey or Surveyors, that the said 
J-*i'oprletot's have deputed and appointed, or shall depute 
or 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 Depu- 
ties, to survey, lay out or bound, all the Proprietoi's Lands, 
and all such Lands as shall be Granted from any of the 
}*roprietors to the Freeholders, Planters, or Inhabitants, 
and a particular or terryor thereof, to certify to the Regis- 
ter, to be Recorded. 

Chapter 111, 

That hereafter upon further Settlement of the said 
Province, the Pnprietors, Freeholders, and Inhabitaats, 
resident upon the said Province, shall and may at or upon 
the Jivt and Tweniieth Day of the Sonth' culled March, 
which shall be in the Year according to the English Ac- 



54ri NEW JERSElr COLONIAL DOCtJMENTS. [1677 

count, One Thou-sand k'ix Hundred and Eighty, and so 
thence forward, upon the /t'^ and Twentieth Day of March 
Yearly, by the ninth Honr 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, lit for 
Government, to officiate and execute the Place of Commis- 
sioners for the Year ensuing, and until such Time as Ten 
more for the Yeq,r 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 Hun- 
dred Proprietors shall elect and choose one, and the one 
Hundred Proprietors shall be divided into Ten Divisions 
or Tribes of Men. 

And the said Elections shall be made and distinguished 
by ballating Trunks, to avoid noise and confusion, and not 
by Yoices, holding up of the Hands, or otherwise howso- 
ever : 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 a General free Assembly shall be elected and 
...deputed in such manner and wise as his hereafter expressed 

. ,and contained. 

; . Chapter lY. 

: And: that the Plaiitinoj of the said Province be the 
more speedily promoted, it is consented, grant- 
ed, concluded, agreed and declared. 

.. • , Pird. TuAT the Proprietors of the said Province, have 
I and do hereby Grant unto all Persons who by and with the 
con^entiOf one or more of any of the Proprietors of the 
said Province •■ attested by a Certificate, undei' his or their 
Hands and Seals, Adventure to the said Province of West 
JVew-Jersey, and shall Transport themselves or Servants 



1077] WEST JERSEY CONCESSIONS. 245 

before the//'.'^'^ Day of the Month coniinonly called Aprils 
which shall be in the year of our Lord, on<'. Thousand six 
llundred Seventy and seven, these following Proportions, 
viz. For his own Person arriving. Seventy Acres of Land 
Enqlish Measure, and for every able Man Servant that he 
sliall carry with him, and arriving there, the like quantity 
of Seventy Acres of Land English Measure. And whoso- 
ever 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 (j[uantity of Seventy Acres ; and 
for every weaker Servant, Male or Female, exceeding the 
Age of Fourteen Years, Avhich any one shall send or carry, 
arriving there, Fifty Acres of Land, and after the Expira- 
tion of their Time of Service, Fifty Acres of Land for their 
own Use and Behooif, to hold to them and their Heirs 
forever. All such Person and Persons, Freemen or Ser- 
vants ai\d 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 Pay- 
ment to begin within two Years after the said Lands are 
laid out. 

11. 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 ^4y>/v7, which shall be in 
the Year oiw Thousand ^i,e Ifundred Sevenfy 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 for 
ever ; 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 



246 NEW JERSEY COLONIAL DOCUMENTS. [1677 

farthing the Acre, for all such Lands as shall be laid out 
in Towns, and three Farthings the Acre, for all that shall 
he laid out elsewhere. 

III. To every Freeman that shall arrive in the said 
Province, within the third Year, from the first Day of the 
Month commonh' called April., in the Year one Thousand 
six Tlundred Sererdij and ^/'^/'^, to the first of the said 
Month called April^ one Thmiscmd six Hundred Seventy 
and nin£^ (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 their Heirs forever ; all the 
said Persons and their Heirs and Assigns, paying Yearly 
as aforesaid, to the Proprietor, his Heirs or 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 Paragrapli, is more at large expressed. Pro- 
vided 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 quan- 
tity as one Hundred Acres, besides what a Master or Mis- 
tress shall possess, which was granted for his or her own 
Person, in failer of which upon Notation to the present 
Occupant or his Assigns, there shall be three Years given 
to such for the compleating the said Nuniber of Servants • 



1677] WEST JERSEY CONCESSIONS. 247 

and for their Sale or other disposure of such Part of their 
Lands as are not so Peopled : Within whieh time of three 
Years, if any Person holding anv Land shall fail by him- 
self, 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 Num- 
ber 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 Twenty Years, as shall not be Planted 
with its due number of Persons as aforesaid, to some other i 

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 
Tenure 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 two Hundred Acres, he 
shall keep and maintain for every two Hundred Acres, the 
like quantity of one Person at 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 Hun- 
dred 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 main- 
taining 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 main- 
tain upon the said Lands, the Number of Persons as before 



248 NEW JERSEY COLONIAL DOCUMENTS. [1677 

is mentioned ; reserving always unto the said Proprietors, 
the Rents that shall fall dne for the same, as before is 
reserved and appointed to be so. Always Provided, that 
the keei)ing and maintaining of the said Nnmber of Per- 
sons npon 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 
l)een 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 con- 
trary notwithstanding. 

Chapter Y. 
And for the regular laying out of all Lands, what- 
soever 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 Certilieate to the Surveyor or liis Deputy, enjoyning 
him to lay out, limit and bound Acres of 

Land for A B. out of the several Lots of CD. one of the 
Proprietors in the Proportions following, that is to say 
Part thereof in the Lot of the said C J). 
in 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 But and Bound ; wliich last Certificate shall be 
entered by the said Register, or his Deputy, in a Book for 
that Purpose, with an Alphabetical Table of the Proprie- 
tors Names, and the Name of the Planter or Purchaser, 
referring to the said Certificate, shall by the said Register 
be endorsed on the back of the Grant, with the Folio of the 
Book, in whicli it is entered, and his Name Subscribed to 
the said Indorsement. 



1()77] WEST JERSFA'' CONCESSIONS. ' 249 

And that tlie .Commissioners for the Time being are 

hereby impowered to ascertain the Hates and P'ees of the 

public'k Kegister, Surveyor, and other Officers, as they 

sliall see meet and reasonable, how mncli, or wliat every 

one shall pay for the liegistering any Conveyance, Deed, 

Lease, Specialty, Certilicate or 'other Writing; as also what 

sliall be paid by every Proprietor for surveying, dividing, 

and laying out of any Lauds in the said Province ; which 

said Kegister, Surveyor, or other Officer is not to exact or 

demand any more or greater Rates, as shall be established 

as aforesaid. 

Chapter VL 

We do also grant convenient Portions of Land for High- 
ways, and for Streets, not under one Hundred Foot in 
Breadth, in Cities, Towns and A^illages. 

And for Wharfs, Keys, Harbours, and for publick 
Houses in such Places 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 Pur- 
poses, shall be free and exempt from all Rents, Taxes and 
other Charges and Duties whatsoever ; as also that the 
Ldiabitants of the said Province, have free Passage through, 
or by any Seas, Bounds, Creeks, Rivers, Rivelets 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 Iidiabitants within the said Province of 
West-Jei'sicy, 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 I'easts, the liberty to Shoot, 
or take any wild Fowl within the said Province. Pro- 
vided Ai,wAYs 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, 



250- NEW JERSEY COLONIAL DOCUMENTS. [1677 

Chapter VII. 

The Commissioners are to take care that Lands qnietly 
held, planted, and possessed seven Years, after it's being 
first duly surveyed by the Surveyor, Surveyors, his or their 
lawful Deputies, which shall be appointed by the said Pro- 
prietor's and Registred 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. 

Chapter 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 par- 
ticular Persons, shall be liable to pay any Trespass for the 
Bame, provided that Custom of Commons be not thereby 
pretended to, nor any Person hindred from legally taking 
up and appropriating any Land so grazed upon. 

(^hapter 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 accordingly to the 
Laws in Force, and to displace or punish them for violat- 
ing the said Laws, or acting contrary to their Duty and 
Trusts, as the nature of their Offences shall require ; and 
where they see- Cause after Condemnation or Sentence past 
upon any Person or Persons by any Judge, Justice, or 
Court whatsoever, the said Commissioners have Power to 
repreive and suspend the Execution of the Sentence, until 
the Cause be presented, with a Copy of the whole Tryal, 
Proceedings and Proofs to the next General Assembly, 
who may accordingly either Pardon, or command Execu- 
tion 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 Assemblv be known therein. 



77] WEST JERSEY CONCESSIONS. 251 

Chapter X. 
To Act and do all other Thii\^' or Things, that may con- 
ice to the Safety, Peace and well Government of the said 
•ovince and these present Concessions, and that all 
ferior Officers be accountable to the Commissioners, and 
ey to be accountable to the Ceneral Assembly. The 
)ramissioners are to take care that the Constables of the 
id Province, shall collect such of Proprietors Rents, who 
veil not in the said Province, but in Englari<h Trflanfl^ or 
otlimd^ and shall pay it to the Receiver, that they shall 
ipoint to Receive the same, unless the General Assembly 
all prescribe some other way, whereby they may have 
eir Kents duly collected, with<»ut Charge and Trouble to 
e said Proprietors. 

Chapter XI. 

They are not to impose or suffer to be imposed any Tax. 
Listom, or Subsidy. Tollage, Assessment, or any other 
uty whatsoever, upon any Colour or Pretence, how spe- 
ous soever, upon the said Pi'ovince and Inhabitants there- 
', without their own consent first had, or other than what 
lall be imposed by the Authority and Consent of the 
eneral Assembly, and that only in manner and for the 
wd Ends and T^ses as aforesaid. 

Chapter XII. 

That the said Commissioners, Kegisters, Surveyors, and 
1 and every other publick Officers of Trust whatsoever, 
ready deputed and chosen, are hereafter from Time to 
ime to be deputed and chosen, shall Subscribe (in a Book 
• Books to be provided for that Purpose) that they will 
uly and. faithfully discharge their respective Trusts, 
jcording to the Laws of the said Province, and Tennor of 
lese Concessions, in their respective Offices and Duties, 
tid do equal Justice and Right to all Men, according to 
leir best Skill and Judgment, without Corruption, Favour. 
!• Affection, and the ISTames of all that shall Subscribe to 
e entered in the said Book. And whosoever shall Sub- 



252 NEW JERSEY COLONIAL DOCUMENTS. [167 

scribe, and shall violate, break or any wise falsify h- 
Promise, after such Subscription, shall be liable to b 
Punished or Fined, and also be made incapable of an 
publick Office within the said Province. 



The Charter or Fundamental Laws, of Wes'^ 
Jersey agreed upon. 

Chapter XIII. 
That the following Concessions are the Com mo 
Law, or Fundamental Rights, of the Provinc 
of West New-Jersey. 

That the Common Law or Fundamental Rights an 
Privileges of Wed JVeto-Jersf^f/, are individually agree 
upon hy the Proprietors and Freeholders thereof, to be th 
Foundation of the Government, which is not to be altere 
b}^ the Legislative Authority, or free Assembly hereafte 
mentioned and constituted, but that the said Legislativ 
Authority is constituted according to these Fundamentals 
to make sucli Laws as agree with, and maintain the sai' 
Fundamentals, and to make no Laws that in the least coii 
tradict, differ or vary from the said Fundamentals, unde 
what Pretence or Alligation soever. 

Chapter XIV. 
But if it so happen that any Person or Persons of th 
said free Assembly, shall therein designedly, willfully, an( 
maliciously, move or excite any to move, any Matter o 
Thing whatsoever, that contradicts or any ways Subverts 
any Fundamentals of the said Laws in the Constitution o 
the Government of this Province, it being proved by sevei 
honest and reputable Persons, he or they shall be proceedec 
against as Traitors to the said Government. 

Chapter XV. 
That these Concessions, Law or Great Charter of Funda 
mentals, be recorded in a fair Table, in the Assembly 



;77i WEST .1ERSEY CONCESSIONS. 253 

ouse, and that they be read at the bojiinning and dissolv- 
g of every General free Assembly: And it is further 
rreed and ordained, that the said Concessions, Common 
aw, or great Charter of Fundamentals, be wi-it in fair 
ables, in every common Hall of Justice within this 
rovince, and that they be read in solemn manner four 
nies every Year, in the presence of the Peo})le, by the 
lief Magistrates of those Places. 

Chapter XYI. 
That no Men, nor number of Men npon Earth, hath 
ower or Authority to rule over Men's Consciences in 
digious Matters, therefore it is consented, agreed and 
i-dained, that no Person or Persons whatsoever within the 
lid Province, at any Time or Times hereafter, sliall be 
ly ways upon any pretence whatsoever, called in Ques- 
on, or in the least punished or hurt, either in Person, 
Istate, or Priviledge, for the sake of his Opinion, Judg- 
lent. Faith or Worship towards God in Matters of Keli- 
ion. ' But that all and every such Person, and Persons, 
lay from Time to Time, and at all Times, freely and fully 
ave, and enjoy his and their Judgments, and the exer- 
ise of their Consciences in Matters of religious Worship 
liroughout all the said Province. 

Chapter XVIL 
That no Proprietor, Freeholder or Inhabitant of the 
aid Province of TfW- New-Jer^eij^ shall be deprived or 
o^ulemned of Life, Limb, Liberty, Estate, Property or 
iiy ways hurt in his or their Pi-ivileges, Freedoms or 
^'ranchises, upon any account whatsoever, without a due 
Pryal, and Judgment passed by Twelve good and lawful 
tfen of his Neighbourhood first had : And that in all 
Jauses to be tryed, and in all Tryals, the Person or Per- 
sons, arraigned may except against any of the said Neigh- 
)ourhood, without any Reason rendered, (not exceeding 
Chirty five) and in case of any valid reason alledged, against 
ivery Person nominated for that Service. 



254 NEW JERSRV rOLONIAT. DOrUMENTS. [l^'^'" 

Chapter XVIII. 

Axi) tliat no Proprietor, Freeholder, Freedeiiisoii. or 
Inhabitant in the said Province, shall be attached, arrested, 
or imprisoned, for or by reason of any Debt, Duty or other 
Thing M'hatsoever (Cases Felonious, Criminal and Treason- 
able 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 JSame 
or Kames of the Person or Persons at whose suit, and the 
Court where he is to appear, and that he hath at least Four- 
teen 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 a 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 attach- 
ment 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 the}- shall be condemned by legal Tryal and Judg- 
ment, the Penalty or Penalties shall be paid and satisHed 
out of his or their real or personal Estate so condemned, or 
cause the Person or Persons so condemned, to lie in Execu- 
tion till Satisfaction of the Debt and Damages be made. 
Provided always, if such Person or Persons so cou- 
denmed, shall pay and deliver such Estate, Goods, and 
Chatties which he or any other Person hath for his their 
use, and shall solemnly declare and aver, that he or they 
have not an^' further Estate, Goods or Chatties whereso- 
ever, to satisfy the Person or Persons, (at whose Suit, he 
or they are condemned) their respective Judgments, and 



U;77] WEST .TERSF.V rONCESSION'S. 255 

sliall also l)ring and produce three other Persons as coni- 
purgators, 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 con- 
demned, have not werewith further to pay the said Con- 
demnation 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 sucli Sum- 
mons 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 tryal, of twelve law^ful Men to 
Judgment, against such Defaulters, and issue forth Execu- 
tion 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. 

Chapter 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 to assist 
the said Twelve Men of the Neighbourhood in Case 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 Case 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 past, in any Case Civil or 
Criminal, by any other Person or Persons, or any othei- 
way, then according to this Agreement and Appointment, 
it shall be held null and void, and such Person or Persons 
so presuming to give Judgment, shall be severely Fin'd, 



256 NEW JERSEY COLONIAL DOCUMENTS. [1677 

and upon complaint made to the General Assembly, by 
tliem be declared incapable of any Office or Trust within 
this Province. 

Chapter 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 Ins 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 born 
false Witness for Fear, Gain, Malice or Favour, and there- 
by 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 Ser- 
vice within this Province. 

•Chapter XXI. 

That all an<i every Person and Persons whatsoever, who 
shall prosecute or prefer any Indictment or Information 
against others for any personal Injuries, or Matter Crim- 
inal, or shall Prosecute for any other (h'iminal Cause, 
(Treason, Murther, 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. 

Chapter XXII. 

That the Tryals of all Causes, Civil and Criminal, shall 



1677] WEST JERSEY CONCESSIONS. 257 

be heard and decided by the Virdict or Judgment of 
Twelve honest Men of the NeiiJ^hbourhood, only to be 
«nmmoned and presented by the Slieriff of that Division, 
•or Propriety where the Fact or Trespass is committed : and 
fthat no Person or Persons shall be compelled to Fee any 
Attorney or CV»nnciller to plead his Cause, but that all- 
^Persons have free Liberty to plead his own Cause, if he 
please : And that no Person nor 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. 

Chapter XXIII. 
That in all publick Courts of Justice for Tryals of 
Causes, Civil or Criminal, any Person or Persons, Inhabit- 
ants of the said Province, may freely come into, and attend 
the said Courts, and hear and be present, at all or any such 
Tryals 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 the said Province, 
shall, as far as in us lies, be free from Oi>pression and 
Slavery. 

Chapter XXIV. 

For the preventing of Fraud, Deceit, CoUifsion in 
Bargains, 8ales, Trade and Traffick, and the 
usual Contests, Quarrels, Debates and utter 
Kuin, which have attended the People in many 
Nations, by costly, tedious vexatious and Law 
Suits, and for a due kSettlenient of Estates. 

It is agreed, concluded, and ordained, that there be kept 
a Register -aX London^ within the Nation of EiKjlaud. And 
also another Register within tlie Province of Ntir TF>,v/- 
Jersey^ and that all Deeds, Evidences, and Conveyances of 
Land m %h^ said Province of Wfiic WM-J('t'i«'ij^ that shall 



258 NEW JERSEY COLONIAL DOCUMENTS. [1677 

be executed ia Kmjland^ may also be there Kegistered ; 
and once every Year, the Register of the said Deeds and 
Conveyances, so Registered, shall be duly transmitted; 
under the Hands of the liegister and three Proprietors 
unto the Commissioners in New West Jerse//, to be enroled 
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 Com- 
missioners shall depute or choose, or which the General 
Assembly of the said Pi'ovince, hereafter mentioned, shall 
depute or choose, shall keep exact Entries and Registers in 
fair Books, or Rolls 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 oi" Houses, from Man td 
Man, as also all Assignments, Mortgages, Bonds, Special- 
ties whatsoevei', and all Leases for Land, House or Houses, 
made, or to be made from Landlord to Tenant, and from 
Person to Persons ; which Conveyances, Leases, Assign- 
ments, Mortgages, Bonds, and SiJecialties which shall be 
executed in West New-Jersey^ shall be first acknowledged 
by the Grantor, Assignor, and (")bligor, before the said 
Commissioner 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 acknowledge- 
ment 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 KiKjhaid, 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 Kixjhind, and 
recorded or registred within six Months after the Date 
thereof, shall be good and effectual in Law, and for passing 
or transferring of Estates in Lands, Tenements, or Heredi- 
taments, shall be as effectual as if delivery and seizen were 



1^77] WEST JEKSEY CONCESSIONS. 259 

executed of the same. And all other Conveyances, Deeds, 
Leases, or Specialties not Recorded as aforesaid, shall be of 
no Force nor 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, for the good and welfare of the said Province. 

Chapter XXV. 
That there iiiay be a good understanding and 
friendly correspondence between the Proprie- 
tors, Freeholders, and Inhabitants <^f the said 
Province, and the Indian Natives thereof. 
Jt 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 Commis- 
sioners, or any two of them, they are to give Notice to the 
Sachem, or other chief Person or Persons, that hath Author- 
ity 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 E<{uity, 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 made them according to the Nature 
and Qualit}^ of the Offence and Injury. And that in all 
Tryals wherein any of the said Indian Natives are con- 
cerned, the Tryal 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 Tryal, when any of the 



260 NEW JERSEY COLONIAL DOCUMENTS. [1677 

Natives do any ways wrong or injure tlie 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 Satisfac- 
tion accordingly. 

Chapter XX VI. 

It is agi-eed when any Lands is to be taken np for Settle- 
ments 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 intention, and to give the Natives what 
present they shall agree upon, for their good Will or Con- 
sent, and take a Gi-ant of the same in Writing, under their 
Hands and Seals, or some other pul)lick way used in those 
Parts of the World ; which (Irant 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 (»rder from the C-onimissioners, for the 

Time being. 

Chaj)ter XXVIL 

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 Llands and Seals of the Conmiissioners, 
or any two of them, that the said Person or Persons are 
clear, and jnay be taken on Board, signifying that the said 
Person or Persons Names have been put u]) at three pub- 
lick Places of the Province, ap])ointed by the Commis- 
sioners for that Purpose, for the space of three Weeks 
giving Notice of his oj' their Intention to transpovr them- 
selves. 

Chapter XXVllI. 

That Men may peaceably and (|uietly enjoy their 

Estates. 
It is agreed if any Person or Persons shall steal, rob, or 



lf>77] WEST .IKRSIOY ('()N(;KSS1(>NS. 2f>l 

take anv (ioods or Chatties, from or bolonging- to any 
Person or Persons whatsoever, he is to make Restitution 
two fohl out of his «»r their Estate, and for want of such 
Estate, to be made to Work for his theft, for such Time 
and Times as the Natui-e of the Otfence dotli require, or 
until Restitution be made doulde for the same, or as Twelve 
Men of the jSTeighbourhood shall determine, beino- a|>i»«»int- 
ed b}- the ( 'ommissionei-s, not exteiidino- eithei' to Life or 
Limb. 

If any Person or Persons, shall willfully beat, hurt, 
\voiind, 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 Neighbonrht.od, appoint- 
ed by the Commissioners. 

Chaj.ter XXIX. 

Fof secnriiio- Estates of Persons that die, hirI tak- 

ino- care of C>iphans. 

F'n-.st. If any Pei'son or Persons die, the Commissioners 
are to take Care that the Will of the deceased be duly per- 
formed, and Security o-iven by those that prove the Will : 
And that all Wills or Testaments be Reo:istered in a pub- 
lick Register appointed for that Purpose, and the Person 
and 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 Hands of three 
C'Ommissioners, 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. 

II. If any Person die intestate, leaving a Wife and 
Childreu, 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. 



262 NEW JERSEY COLONIAL DOCUMENTS. [167T 

III. If tlie 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 in an Inventory of the Estate to be Regis- 
tered, and that the said Persons are to make good to the 
Children, what Part of the Estate shall come into their 
Hands, and to give a trne Account of their Receipts and 
Disbursements, to be approved of by the Connnissioners. 

ly. li' 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 born by tlie publick 
Stock of the Province ; and if none be established, then b}-- 
a Tax to be levied by Twelve Men of the Neighbourhood, 
with the consent of the Commissioners, or the main Part ' 

of them. 

Chapter XXX. 

In Case ^vhe^l any Person or Persons kill or destroy 
themselves, or be killed by any other thing. 
It is agreed if any Man or AV^oman 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, never- 
theless 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 wil- 
fully 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. 

Chapter XX XT. 
All such Person or Persons as shall be upon Tryal found 
guilty of Murder, or Treason, the Sentence and Way of 



inTTl WKST JKKSF.Y CONCESSIONS. 2f).^ 

Execution tliereof, is left to the General Assembly to deter- 
mine as they in tiie Wisdom of the Lokd shall judge meet 
and and expedient. 

The General Assembly and their Power. 
Chai)ter XXXIL 
That so soon as Divisions or Tribes, or othci- sueli like 
Distinctions are made; that then the Iidiabitants. Free- 
holders, and Proprietors, Resident upon the said Province, 
or several and respective Tribes, or Divisions or Distinc- 
tions aforesaid, do Yearly and every Year meet on thefr.sf 
Dav of (hioher, or the eight Month, and choose one Pro- 
]»rietor 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 pjenefit. 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 
Snpream 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 other- 
wise be rendered incapable of that Service, that then the 
Inhabitants of the said Propriety, shall elect a new Mem- 
bei- to serve in his Room for the remainder of the said 

Year. 

Chapter XXXIII. 

And to the end the i-espective Members of the 

Yearly Assemljly to be chosen may be regn- 

larly 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 procure- 
ment of their Choice and Consent, shall be capable of being 
elected a Member of the said Assembly. And if any Per- 
son or Persons, shall be at any Time corruptly elected, and 



264 NEW JERSEY COI.ONIA'I, DOCUMENTS. [1677 

sufficient Proof thereof made to tlie 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 aforesaid, be 
not determined by the common and confused way of cry's 
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. 

Chapter XXXIY. 
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 con- 
venient, as also to assertain the Number of their Quorum, 
provided 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 confor- 
mable to these Concessions and Fundamentals. 

Chapter XXXY. 
That the said Pi-oprietors and Freeholders at their choice 
of Persons to serve them in the General and free Assembly 
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 Indenture under Hand and Seal, 
covenant and oblige themselves to Act nothing in that 
Capacity but M^hat shall tend to the tit Service and Behoof 
of those that send and employ them ; and that in case of 
failer of Trust, or breach of Covenant, that they be ques- 
tioned upon complaint made, in that or the next Assembly, 
by any of their respective Electors. 



lf',7T] \\ Kst .rKKsEY CONCESSIONS. 2^."» 

And that eacli Member of tlie Assembly chosen as afore- 
said, be allowed <nu^ ShUliiKj jpi- iJay, during the Time of 
the sitting of the Assembly, that thereby he may be known 
to be the Servant of the People : Whifh allowance of orm 
ShilVuKj per iJay, is to be paid him by the Inhabitants of 
the Proi)riety or Division that shall elect him. 

Chapter XXXYI. 
That in every General free Assembly, every respective 
Member hath liberty of Speech ; that no Men be inter- 
rupted 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 A'otes. 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 Xames Registered, according to their Yea's 
and No's, that it be accordingly done : And that after 
Debates are past, and the question agreed upon, the Doors 
of the House be set open, and the People have Liberty to 
come in to hear and be "Witnesses of the Votes, and the 
Incliaations of the Persons voting. 

Chapter XXXYII. 

And that the said Assembly do elect, constitute and 

appoint Ten honest and able Men, to be Commissioners of 

State, for managing and carrying on the Affairs of the said 

Province, according to the Law therein established, during 

the adjournments and desolutions of the said General free 

Assembly, f<<r the Concervation and Tranquility of the 

same. 

Chapter XXXYIIL 

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 Privi- 
lege. Profit, or Advantage to the said Province, they not 
exceedino the Xumber of one Hundred Persons. 



266 NEW .TERSEY COLONIAL DOOUMENTS. [167? 

Cliapter XXXIX. 
To Enact and make all sncli Laws, Acts and Constitu- 
tions as shall be necessary for the well Government of the 
said Pi-ovince, (and them to repeal) provided that the same 
be, as near as may be conveniently, agreeable to the primi- 
tive, antient and Fundamental Laws of the Nation o^ Eng- 
land. Provided also, that they be not against any of 
these onr Concessions and Fundamentals before or hereafter 
mentioned. 

Chapter XL. 

By Act as aforesaid, to constitute all Courts, together 
Avith the Limits, Powers, and Jurisdictions of the same, 
(consonant to these Concessions) as also the several Judges, 
Otficer and Xnniber 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 Sallaries, 
Fees and Perquisites, and their appellations, with the Pen- 
alties that shall be inflicted upon them, for the Breach of 
their several and respective Duties and Trnsts. And that 
no Person or Persons Mdiatsoever, Inhabitants of the said 
Province, shall sustain or bear two Offices in the said 
Province, at one and at the same Time. 

Chapter XLL 

That all the Justices and Constables be chosen by the 
People and all Connnissioners of the publick Seals, Treas- 
uries, and Chief Justices, Embassadors, and Collectors be 
chosen by the (leneral Free Assembly. 

Chapter XLIL 

That the Commissioners of the Treasury of the said 
Province, bring in their Account at the end of their Year, 
unto the Oeneral Free Assembly, there to be seen and 
adjusted ; and that eveiy respective Member, carr^^ a Copy 
thereof, unt(j that Hundred or Propriety he serves, for to 
be Registered in the (Capital publick Court of that Pro- 
priety." 



167T] WEST .TERSE V CONCESSIONS. 267 

(Chapter XLIIJ. 
By Act as aforesaid, to lay equal Taxes and Assessments, 
and e({iially to raise Money's or Goods, upon all Lands or 
Persons, within the several Proprieties, Precincts, Hun- 
dreds, Tribes, or whatsoever other Divisions shall hereafter 
he 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 to the Inhabitants, in order to 
the better supporting of the publick C-harge of the said 
Government, as also for the publick P)enefit and Advantage 
of the said Peo})le and Province. 

Cliai)ter XLIY. 
By Act as aforesaid, to subdivide the said Province into 
Hundreds, Proprieties, or such otlier Divisions, and Dis- 
tinctions, as they shall think fit ; and the said Divisions, to 
distinguish by such Karnes 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 loading and 
unloaden 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, Harboui-s, 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 out consent to and ajfir- 
mation of these present Laivs, Concessions and Agreements, 

We the Projprietors, Freeholders^ and Inhabitants of the 
said Promnce of West New- Jersey, whose Names are 

under written, have to the same voluntarily and freely set 



'M^ 



np:w jersey colonial documents. 



[167T 



our Jj[ands^ dated this third Day of the Month eommonly 
called March, in the Year of our Lord One Thousand six 
Hundred and Seventy six.^ 



E. Bylynge, 
Ricliai'd Smith, 
Edward Nethorp, 
John PenfoT'd^ 
Daniel Wilh, 
Thomas Olliee, 
Thomas Mudyard, 
William jBiddle, 
Robert Stacy, 
John Farringtwi, 
William Roy don, 
Richard Meio, 
Percivall Tov}le, 
Mahlon Stacy, 
Thomas Budd, 
Samuel Jeninns, 
John Lamhert, 
William IleuUngs, 
George Deacon, 
John Thoiivpsori, 
Edward Bradamy, 
Richard Guy, 
James Navill, 
William CantwelU 
Eospe Ontstont, 
Maehgyel Baron, 
Casp. Hermmi, 
Turrse Plese, 
Rohert Kemhle, 
John Coi'uelise, 
Garret Va/n Ju7une, 
Wllliaiii Gill Johnson. 



Gawe'n Laurie, 
William Penti, 
William EmUy, 
Joshua Wright, 
Nicholas Lucas, 
Willimn LLaig, 
William Peachee, 
Richard Mathews, 
John Llaracis, 
Francis Collins, 
William Kent, 
Benjamin Scott, 
Thmnas Latnljert, 
Thomas ILooton, 
Henry Staiyy, 
Aert. Jansen, 
John Surege, 
Thmnas Smith, 
James Pearce, 
Edward Web, 
John Pledger, 
Richard Willkin son , 
Christopher San ders, 
Ren eare Vanhurst, 
William Johnson , 
Charles Bagley, 
Sam/uel Wade, 
Thomas Woodrofe, 
John Smith, 
Thomas Peirce, 
William Warner, 
Joseph Wartie, 



1 1676-7. Ed. 



1677] 



WEST JERSEY CONCESSIONS. 



269 



Michael Lackerouse, 
Marhas Algus, 
Evert Aldrieks^ 
Hendrick Emrmn , 
Jill%8 Tomesen, 
Clam J(ms(M, 
Richard Warsaii. 
Christopher White, 
Pa%d> Doequet, 
John Maddocl-K, 
John Forrist, 
James Vicary, 
William Rumsey, 
Richard Rohisor,, 
Mark Reeve, 
Thomas Watscm, 
Sam/a el NlcJi olson, 
Daniel /Sndth, 
Richard Daniel, 
William Pentcm. 
William Daniel, 
Robert Zane, ' 
Walter Reiterscm, 
Anthony Page, 
A ndretr BartUson, 
Woolley WoolUso'n, 
Anthony Dickson,, 
John Denna, 
Thomas Benson, 
John Paine, 
Richard Bujfingion, 
8a7nuel Lovet, 
Barnard Deremsh , 
Thontas Stokes, 
Thomas French, 
Isaa<i Mar riot, 
---John Bnteher, 



Isaac Smart, 
Andrev3 Thompson, 
Thomas Kent, 
Henry Jenings. 
Henry Stidjhens, 
William Willis, 
George Haselvxjod, 
Rodger Pedrick, 

s William Hughes. 

A hraham Vanhigh st, 
Hipolitas Lefever, 
William Wilkinson, 
Andrew Shennock, 
Pause Cornelious, 
Samuel Hedge, 
William, Master, 
John Grtdjh, 
John Worlidge, 

E. Meyar, 

Thomas Barton, 

Rohert Poioel, 

Thomas Harding, 

Mathew Allen, 

R. Right, 

Godfrey Hancock, 

John Petty, 

A hraham Heiolings, 

John Newhold, 

John White, 

John Roherts, 

John Wood, 

John Gosling, 

Thomas Revel, 
Eliazer Fenton, 

Samuel Oldale, 
William Black, 
A nth ony Woodho use. 



270 NEW JERSEY COLONIAL DOCUMENTS. [1677 

Geo. H^itchinson, Daniel Leeds, 

Thomas Gardner, John Pancoast, 

Thomas Eves, Francis Beswick, 

John Borton, WiU'tain, LasvxdJ, 

John Paine, John Snovjden, 

Richard Fen im ore, Gruna Ja.cohson, 
Thomas Schooley, 



Letter fror}% Governor Andros to CajytaiM Billop, Com- 
■ntander at Newcastle. 

[From 'New York Colonial Documents," Vol. XII., p. .584. | 

A Letter to Capt. Billop Coniniander at Delaware 
Capt. Billop \E.i-iract.\ 

I heare of a Fly boat the Martha of Hull arrived in the 
River with Passengers for New Jersey (having ommitted) 
you are Itnediately to send by expresse an acco' of all trans- 
actions and things relateing to her since her arrivall, and of 
goods to Cheife Collecto'' of every Permit is or shall be 
given, having in regard of the time a yeare consented 
Passengers & tlieir landing, so they settle under y*^ Duke 
on the West side, or if the east side under the Commis- 
sioners upon the ft'ormer Shipp C^onieing autliorized here 
also under his Ry" Hignesse and having heard Complaints, 
you are also to order M'' Herman Clarke of the Customes 
\() draw out and send an exact acco' of all and every permitt 
or other transacon fees, gifts or otlier moneys or effects, 
given demanded or received by him or yo'selfe from Capt. 
JVIarlows ship & Passengers Examined ife attested by yo^'selfe 
and send the same by the above expresse, without delay 
to Cheife Collector here, of all which I pray fayle not. 

1 am Yo'" 

K. Andros. S. 



1677] OOV. ANDROS TO W. .rp:RSKY COMMISSIONERS. 271 



Letter ft'o)ii (Jocenio)' Ahdro-s in tin ('()titrnusiemerf< for 
Wrd J<:rH<']j. 

IKioin "Mew Yorlc Colonial Docuraeiits," Vol. XII. p. 585.) 

x\ Letter to Jose[)h Ilelnisly, John Penford, Benjamin 

Scott <kc Conunissioners for New West Jersey. 
Fkiknds 

I have recched yonrs of the 18^'' iiitst in answer to which 
I liave agaiue writt to tlie Coiimiander & OtJicers at Dela- 
ware that any of yo" have free liberty to land & settle on 
y'' west side as well as the east (as others) under his Ry" 
Ilignesse & shall not this yeare dispose off but be willing 
to accommodate you with ffitt Proporcons of Land, in my 
power on the West side, but cannot I think so much as you 
menccon, Severall having made application a great while 
At particularly towards the Falls & for islands, & doe daily, 
but delayed by reason of the Lidian troubles, also haveing 
heard of a tHy boat the Martha of Hull arrived with Pas- 
sengers, have by reason of the late season of the yeare 
consented and given directions to the Commander and 
Chiefe ('Ustomes there that they be permitted to land 
themselves A: goods, but if on the east then imder your 
authority And that the Commander and Chistome Officers 
in y** River shew them all Just ffavour vfe not rigorously 
exact ffor Entryes or permitts, but j)ut as many & neces- 
sary as they can together in one Permitt, if not all, the 
Planters, but if March'** to be distinct, which I doubt not 
Avill be observed or upon complaint or notice shall take 
further order to the just satisfaccon of any agrieved. 

This is further to give you notice that I have received 
leave from his Roy*" Highnesse to goe home this Winter 
so as to returne in y" Spring, tt that upon advice of the 
quiett good state of all parts of the Go verm '^ I have 
resolved going, which I intend God willing in a ship now 



272 NEW JERSEY COLONIAL DOCUMENTS. [1677 

here, a loading for London, And hope may bee ready this 
month, Leaving orders for all things in the Goverm* every 
where to remaine as now settled I am 

Yo"" ffriend to serve you 

E. Andros 
New York Octo'" 17 1677 



Opinion of Certain English Lawyers on the Patent of 
Governor JVicolls frr Elizahethto'wn. 

iProm N. Y. Col. MSS., in Secretary of State's Office. Albany, Vol. XXIV., p. i.] 

Councell's Opinions concerning Coll Nicolls' Pattent 
and Indian Purchases. i 

The land called N York and other parts in America 
now called N East Jersey was iirst discovered by Sebastian 
Cobbitt, a subject of England in King Henery the 7''*''* time 
a bout 180 years since and afterwards further by Sr. Walter 
Raleigh in ye reign of King James and also by the Lord 
Delaware & began to be planted in ye year 1614 by Dutch 
<fe English the Dutch placed a Governour there but upon 
complaint made by the King of England to ye States of 
Holand the sd States Disowned ye Bisness & Declared it 
was only a Private Undertaking of ye West India Company 
of Amsterdam so ye King of England granted a Com'son to 
Sr. Edward Layden [Ployden ^] to plant these parts calling 
them new Albion & ye Dutch submitted themselves to ye 
English Government but in King Charels ye 1**^ Keign ye 
troubles in England breaking forth the English not mind- 
ing to promote these new plantations because of ye troubles 
ye Dutch Pretended to Establish a Gover. there again until 
ye year 1660 when afterwards it was reduced under ye 
English Government tfe included k. Ratifyed in ye peace 
made between England k, Holland then it M-as Granted to 
ye Duke of York 1664 who 3^e same year Granted it to ye 
Ld Barcklay ik Ld George Cartrett and Notice thereof in 

1 Printed in Elizabefljtowii Bill in Chancery, p. id, as of date J677, Ex. 



1677] OPINION ON P^LIZABETIITOWN GRANT. 273 

America Sevrall Persons took grants of Lands from Coll. 
Nicolls ye Duke's Gover. Severall of ye Planters have 
purchased of ye Indians but Refuse to pay any acknowledg- 
ment to ye King's Grantees. 

Q. 1^^' Wither ye grants made by Coll. Kicolls are good 
agst the assigns of ye Ld Berckly & Ld George Cartrett 

Q 2""* Wither tiie grant from ye Indians be sufficient 
to any planter without a grant from ye King or his 
Assignes 

Ans 1^' To ye tirst Question the authority by which 
Coll. Nicolls acted Determined by ye Duke's Grant to ye 
Ld Berckley & Ld George Cartrett & all Grants made by 
him afterwards (though according to ye Comission) are 
void for ye Delegated power w^ Coll Nicolls had of mak- 
ing grants of ye Land could Last no Longer than his Maj'^ 
Intrest who gave him yt Power & ye having or not having 
Notice of ye Duke's Grant to ye Lord Berkeley & S"" 
George Cartret makes no Difference in ye Law but ye want 
of Notice makes it great E(|uity yt ye Present Propriet^ 
should Confirm Such Grants to ye People who will submit 
to ye Conssions and Payments of the Present Proprietors 
Quitt rents otherwise they may look upon them as Des- 
seizors and treat them as such. 

Anser to the 2*^ Question by ye Law of Nations if any 
People make Discovery of any Contry of Barbarians the 
Prince of yt People who makes ye Discovery hath ye 
Right of ye Soyle and Goverment of ye Place & no people 
can plant there without ye consent of ye Prince or of such 
Persons to whom the right is Devoulved and Conveyed the 
practice of all Plantations has been according to this & no 
people has been suffered to take ye Land but by ye Consent 
and Lycence of ye Gov'" or Proprietors under ye Prince's 
tytle whose people made ye first Discovery & upon their 
Submission to ye Law of ye Place and Contribution to ye 
Publiek charges of the place & ye Payment of such Rent & 
other value for ye soile as ye Proprietor for ye time being 
Require and tho' it hath been and still is ye Usual Practice 



274 NEW JERSEY COLONIAL DOCFMENTS. [1^''"'' 

of all Proprief^ to give their Indians some Kecompence 
for their Lands & so seems to Purchase it of them it is not 
done for want of sufficient title from ye King or Prince 
who hath ye Right of Discovery but out of Prudence & 
Chrystian Charity least otherwise the Indians might have 
Destroyed ye first Planters (who are Usually too few to 
Defend themselves) or Refuse all Commerce and Conver- 
sation w"' ye Planters & thereby all hopes of converting 
them to ye Christian Faith would be Lost In this ye Com- 
mon Law of England and ye Civil Law doth agree & if 
any Planter be Refractory & will Insist on his Indian 
Purchase and not submit to this Law of Plantations ye 
Proj^rief® who have ye Title Ihider ye Prince may deny 
them ye Benefit of ye Law & Prohibitt Commerce with 
them as Opposers & Enemies to ye Publick Peace. Be- 
sides 'tis 0"servable yt no man can goe from England to 
plant in an English Plantation without Leave from ye 
Govermt & therefore in all Pattents & Grants of Planta- 
tions from ye King a Particular Lycence to carry over 
Planters is incerted w'*' Power in Prohibitting is now in ye 
Proprief^ as ye King's Assigns and therefore tho some 
Planters have purchased from ye Indians yett having done 
soe without ye Consent of ye Proprief for ye time being 
ye title is good against ye Indians but not against the 
Propriaf^ without a Confirmation from them upon the 
L^suall terms of other Plantations 

William Leuk John Hoyle Rich" Wallop 

W** Williams Jo: Holt Hen: Pollexssen 

Jo: Holles W'' Thompson 

A true copy 

Gawen Lawrie Robt West. 



Dejyosi.fions Bekiting to the Conduct of John FenicicJce. 

[From "New York Colonial Docnruents," Vol. XII., p. 59?.] 

Depositions of Edmond Cantwell, Justice Fop Oiit- 
hoiit, Michael Baton and Reyiiier Van Th , 



1*^78] DEPOSITIONS RESPECTING FENWICKE. 275 

in a court held at New Castle, relative to the 
conduct of John Fenwicke at a meeting held 
on the east side of tlie Delaware River. 

Att a Court held in New Castle 9'" day of May [1678] 

Edmond Cautwell declared in R: Salem 

(alias) Swamptowne, of Aprill 1678 ; where Majo^ John 
Fenwike ordered a meeting of y® east syde of This River, 
hee the s'^ Fenwike did then apoint suitable ofhcers viz*^ 
Sanniell Hedge Surveyo'' Gener", James Nevell to bee 
secretary, Samuell Winder Registe*", and declared that hee 
would nominate and appoint other officers att his Leasure 
and caused his s*^ Secretary to read severall papers, as his 
Mag"*"" Pattent to his Roy" highnesse, and his Roy" high- . 
nesse to y*" Lord Berckley, and a Coppy (as he said) of y*" 
Lord Berckleys, to him the s'' ffenwicke w*^ severall other 
papers w'^'' y" attestant did not minde, and after y® Reading 
of all these papers hee the s'' ff'enwike, demanded in his 
mag"." name the Suppreority and the submission of y^ 
People there as his Right and propriety, after his demand 
he brought a Paper upon the Table in the forme of an 
oath or some such thing, w*^*^ severall of his People or 
officers sighned, after they had don, I tould him that the 
most parte of the Peoj^le that was there, did not know- 
what was read, hee answered mee that they could know 
well a noff to take away his Land, I alsoe tould him that 
there was a small Levy Laid by the Co''/ upon y*" People on 
that syde he said y^ Co'".'' had no power to Lay no Levy on 
that syde & said whoe soever did pay any Levy should for- 
feit their Lauds A: priviledges, I asked him if hee would 
beare them out & hold them harmlesse hee said hee would 
give them his hand to answer itt before the . . . and 
sayed that the People shoidd stand on tlieir owne defence 
if any boddy came to deuumd it, and alsoe did forbid Fop 
Outhout not to act any thing in behalfe of y*^ Col*^^ of New 
Castle upon the forfeiture of his Estate. I told him y* his 
bono'' y*^ Governo"' had Commissionated him the s*^ M- Out- 



27fi NKW JEK^KY COLOXIAL DOCUMENTS. [167!^ 

hoiit, atid was still pleased for to Continue him, liee said 
the Governo"" had nothini,' to doe on that Syde, and that hee 
meaning himselfe was Subject to no man but God and the 
King, hee alsoe said that hee would doe nor act nothing 
w'*^ out tlie advyse of his Counsill w"'' hee would nominate 
vei-ry suddenly, w'" severall more S])eeches w'"'' y*" attestant 
doth not now Eeuieniber. 

Justice fop Onthout declares to have been p'sent w'" 
C'apt. Cantwell and to have heard In Substance, the same 
that is hereabove declared by the s" Cap!^ CantM'ell ; 

M' Machiell Baton and Reynier van the 

Sworne In (^o''.' declare in Substaiu-e to have heard y'' same 
as hereabove by Cap' Cantwell is declared. 

Johannes Va 

in Co*^ declares 

one Gillis Gi 

River, Some 

of April Last past .... ^VFajor John Fenwicke came 
to the house & demanded why y*' deponant tte y*" rest y* 
were there did not come att New Salem as others did to 
acknowledge him (meaneing himselfe to bee Lord & pro- 
prietor of y"" place) Upon which they answered him saying 
how they could owne him, so Long as they paid Levy to 
witt 12^ gilders p'' head att New Castle Co*".* — Whereupon 
hee the s'! fenwike Replyed saying that all those whoe paid 
y'' same should never Injoy a foot of Land on the Eastern 
Shore, and further sayeth not. 

These afore standing Testimonys are Ti-ue. Coppies out 
of y*' Records Exam: p': Epu Herman. 

Proclamation of Julm Fenwich- to Claniianfs of Larxl. 

[From Johnson's " Historical Atcoiiut of ibe First SettlemeDt of Saleiu,' p. 23. | 

The Summons for persons to enter their claims 

within a month. 
No. G-ES. .v.v. 

By John Feuwick, Esq., Lord or chief proprietor of 



iriTsI I'liocl.AMA'lloN oF .lOll.V K1':M W 1( 'KK. '27 i 

the said province, and in |»artienlar oi' Fen- 
wick's colon_y, within the same. 
AVliereas there are di\t'i'sand snmh-v persons, both l)ut<'h 
and French, as well as English, Avho have jiresnnied ui>()n 
none or very slender pretences to claim an inteivst unto 
several tracts, pieces and parcels of land, Iving within my 
said colony, without applying themselves unto me, and 
producing any lawful authority to warrant their doings 
rhei-ein ; and to secure them who have entered upon, cut 
down the woods, and settled themselves upon their sup- 
posed plantations, either as their tenants or purchasers, all 
which tends to the breach of the king's peace within the 
said colony, besides the obstiaicting of the settlement thei'e- 
of, contrary to his majesty's letters patent, bearing date the 
twelftli day of March, in the sixteenth year of his reign. 
The grant from James Duke of Yorke, bearing date the 
four-and-twentieth day of June, in the said sixteenth yeai- 
of his said majesty's reign, made unto John J.ord Berkeley 
and Sir George Carteret, knight and baronet, jointly. 
And the said Lord Berkeley's deed, made unto me, of his 
whole moiety and half part, bearing date the eighteenth 
day of the First montli, commonly called March, in the 
year one thousand six handred seventy-and-three, and 
enrolled in the high court of chancery within the kingdom 
of England, and hath been produced to Major Edmund 
Andross, the Governor of iSTew York, and his council, for 
their pre\ enting of future trouble, and the furthei'ance of 
the settling of the said moiety, half part and colony, by me, 
and all and every the purchasers who lawfully claim under 
me. These are therefore to will and require all and every 
such pers<m and persons above mentioned, and in his 
majesty's name, straightly to charge and command them, 
and every of them, to come and appear before me, and lo 
bring every paper, order and warrant, which they have to 
show for their pretended titles, to the end they may be 
enrolled in a book for that purpose provided, and there- 
upon a day appointed for their several appearance before 



278 NEW .TERSKY COLONIAL DOCUMENTS. [1678 

lue and my council, in .order to a final determination of 
each man's particular interest, according to the law of Eng- 
land, and the said late lords proprietors' concessions estab- 
lished in order thereunto within the said province, in pur- 
suance of the said letters pattent and several grants afore- 
said ; so that I, and them the said persons with all that 
claim under me, may nut only i-eceive satisfaction, but also 
that my said colony, and all the planters withii) the same, 
may be settled in the love of God by the laws of the king 
of England, and in that peace which becomes all our great 
professions of being christians, and declarations, oaths and 
subscriptions of Our bearing true allegiance unto the king 
of England, his heirs and successors ; and to all and every 
person and persons that are concerned as aforesaid, and not 
to fail, upon notice hereof, forthwith to appear accordingly, 
so as within one month after the date hereof, the business 
may be settled, and they no ways to suffer through their 
eontem|)t. 

Given under my hand and seal, at Xew Salem this six- 
teenth day of the Third month, commonly called May, in 
the year, according to the English account, one thousand 
six hundred seventy and eight, and in the thirtieth year of 
the reign of King Charles the Second of England, tfec. 



Order of Connc'd Against John Fenwlch'. 

[From '■ New York Colouial Docuinenta,'' Vol. XII., p. 594. J 

Order for the Suspension of certuin " alterations " 
begun to be made by Major John Fenv^icke 
on the East side of Delaware River and 
that he cease acting there under his pretended 

authority. 

At a Councell May : 22*^ 1678 
XTpon the Receit of Lett" from y*' Magistrates of the 
Towne of New Castle in Delaware about the alterac'ons 
begun to bee made by Major John Fen wick on the East of 



1(;7S| OKDKR AGAINST FKNWICKK. 279 

the River wliere Contrary to liis Eugageiu! and Tarole he 
hath acted by assuming a ])rctended ])Ower to hiniselfe, 
The same being taken into Consideracon, to prevent any 
Mischiefe tliat mav happen npon that Aee', 

Its Ordered that a Messenger bee forth with sent expresse 
to the Commander cS: Jnstices att New Castle in Dehiware 
who are to give notice to the s'^ Majo' Fenwyck, that 
according to his Parole hee forbeare, the Assuming any 
power of Governmn^ to hiniselfe, on the Eastside of Dela- 
ware River, or any where else in those parts, unlesse he 
pn.duce more Authentick power out of Eng'^ then hee 
hath yett done, which ought lirst to bee made knowne to 
y'^ Governor in this place and in Case of Refusall, The said 
Commander & Justice are hereby required to order him to 
Come to New Yorke within the space of 28 days to make 
answer to what shall bee alleadged ag'* him on that behalfe 
and for breach of his Parole which if he deny to do that 
then the s'^ Commander & Magistrates doe use force to 
Secure his person and send him hither without delay. 

By order of Councell M. N. Sec— 

lette/' from Secretary NicolU to the Cowt at Keweastle. 

[From '■ New Voik Colonial Docuiueiits, " Vol. XI I., p. 595.] 

lExtraet."\ 

Gent. Yo':' of the 9*!' inst. arrived here the beginning 
of the weeke, which having not the hap to find the Go: 
returned, was communicated to the Councell : — Vpon Con- 
sideracon of the new alteracons made by Majo^ John 
Fenwyck on the East side of the River, & perusall of the 
Testimonyes & Informacons given concerning the same, 
They have thought good to make the inclosed order, whicii 
they desire you will doe yo'.' part to see it put in execucon, 
if occasion, but with as little mischeife as may bee, Caj)^ 

Bilhtp is written to likewise concerning it 

Gent. Yr Most humble Serv! 
By order of the Councell. M. N. Seer. 

May 25—1678 



280 NEW JERSEY COLONIAL DOCUMENTS. [1678 



Minute of Council, in Relation to John Fenvnehe, on the 

DelavKire. 

[From 'New Voik Colonial Documents," Vol. XII., p. 597. | 

At a Couneell &c June IS: 1678 
The matter of tlie Letters Rec"? from Delaware magis- 
trates at New Castle and the Commander concerning Majo'" 
Fenwyck &c. Tiie former orders being taken into consid- 
eracon and the positive directions sent, the which they 
neglected, 

The Couneell doth not think iitt to Alter any thing of 
their former orders being iitt, but leave them to answer 
their Neglect to the Go: who is daily expected & all the 
prejudice or mischiefe that may happen thereby, to lye at 
their doors. 



Letter from the Council to the Marjistrate.% and Proceed- 
ings of the Commander and Justices, at JSfevjcastle, 
in Relation to the Matter of John Fenwicke. 

[From "New York Colonial Documents," Vol. XU., p. 598-602.] 

Gent. 

Yo'"^ of the 5^" by the returne of the expresse & sent to 
you by the Couneell arrived here y'' beginning of the weeke, 
but yo'' answer seems very little satisfactory to any particu- 
lar they writte about ; as to the Order sent concerning 
Majo'' Fenwyck the Couneell then did thinke, & upon 
serious perusall of the same againe doe rind that it was 
absolute and full, It expressing That in case of his Refusall 
to act in assuming a power of Govern"?^ to himselfe or deny 
all to come to New Yorke upon yo"" sumons according to 
his parole, That then the Comander & you the Magis- 
trates were to use force to secure his person & send him 
hither, so you needed not any new Result to bee directed 



i078] IMtOCEElJlNGS A(;AIN>iT F?:>\V1(KE. 281 

to jrselves alone (it being thouglit fitt to direct it to the 
Comand'' alsoj more absolute tiien the former, vvhieh the 
Coiincell thinke sufficient, so shall not alter any thing- 
therein, but leave you to answer yo'' Xeglect to the Go: 
who is duely expected, & all prejudice or mischiefe that 
may happen thereby, to lye at yo"" doores, they having done 
theii" dutv. 



Att a meeting of y*^ Comand'.' and Justices held in tfie 
Towne of New Castle July 1?'' 1678 

The,Letter from the Hono'';® Read and the businesse of 
]\[ajor Fenwike taken into consideracon by the Commander 
<fe Justices of this Court, and Cap^ Billop signifying that 
att his Laest being over att Salum the Laest weeke, that 
then Mayo'' fenwike was willing to answer the bono'"'''* 
Councills order at New Yorke, and that hee will surrender 
hiinselfe att New Yorke according to his Parole, Resolved 
and ordered by the Commander Joyntly w*** the Court that 
Mayo"" fenwike in case hee will give under his hand by a 
Letter to y® Counsill that hee will not act by assuming any 
power of Governm^ to himselfe on that syde of the River 
or any where Else, and y'' hee w'^'^in the space of Twenty 
dayes promisses to make his p^sonall appearance att New 
Yorke according to his Parole — that then hee bee Left 
there but in case of Refusall and that he doth not send a 
satisfactory answer, That then the s** Commander together 
^^.ih ye \i\„\i Sherrife Presse and take w'** them so many of 
the Militia as they think fitt and w"' them Seize the s"* fen- 
wiks p''son and send hi me to Xew Yorke w^ut delay 
according to the order of the hono""'''" Counsil — 

A true copy out of the Records Exam: p'" 

Eph: Hekman Clr 



Folio weth the Letter sent to May"" Fenwike 
Mayo"" Fenwicke 

S"" Cap! Billop Signifying to us that you have altered 
yo"" former Resohicon and that now you are willing to 



282 NEW JERSEY COLONIAL DOCUMENTS. [1078 

answer tlie order from the liono""^'''' Counsill of New Yorke, 
and that you will goeand there surrender Yo'selfe according 
to yo*" Parole. Now therefore if you will forbeare the 
Assuming any power of Governm^ to yo^'selfe, and w*'*in 
the space of 20 days will appeare in New Yorke and then 
surrender yo'^selfe according to yo'' Parole then Signify soe 
mutch in a Letter under yo"" hand to the hono'"'''*' Counsill 
in New Yorke, and send y*^ same Letter open to us under a 
Couert by this bearer that soe we may bee possitive of yo'' 
Resolucon 

Remaining S'' 

Yo^ Affectionate friends 
(was signed) Chris. Billop 

John Moll 
Peter Alrichs 
Fop Outhout 
N Castle Jean Paul Jacquet 

July 17*'^ 1678 Gerrett Otto 

Memorandum in answer to y® abo\'e Mago'" fenwike sent 
a Letter to y" Counsill, and one to y^ wryters of y® above, 
which both are yett in the hands of ye Commander. 



Letter from the Magistrates to Capt. Matthias NicoUs and 
the rest of the Council, in relation to Major Fenwick's 
case. — 

Yo^ Letf of y*^ 21'*.'^ of June Laest we Received Li answer 
to w'^J' wee Reply, that the occasion of ol" wryting alone the 
5^?^ of the same month (in w'.'' to o^ sorrow yoT Llono" Reply 
to Receive so Little Sattisfaction) was not that wee desiered 
to bee only Concerned w"'out the Comander, But that w*^*" 
was writt then Concerning mayo'' fenwike, we had out of 
y^ mouth of the said Commander, (who mutch takes the 
part of & is a great frind to the s*' fenwike) and his not 
(Signing of y^ s*! Lef : was by Reason the other particulars 
therein menconed Conserned him nott : — By the Inclosed 



1078] J'KOOKEDINGS AGAINST FENWIOKE. "JSS 

Coppies yo^ HonoV will see what liesult hatli ben tackeii 
by y*^ Coinaud'" & us since the Receipt of yo*" Hono'"^ s** 
Lettl', and sence the Coniander & high Sherrife have 
fetched y** s*^ fenwicke to this Towne and although itt was 
supposed to bee a more securer d: better way to send him 
by waeter in this Sloope, Yett the Coniand'thinkes it best to 
send him by Land ; w*^'' hee Lykewyse liath obligeth to doe ; 

Hono'"'"'' S'?* Yo'.' Hono''' most humble Subjects & Serv*!* 
The Co":^ of y'^ Towne of Kew Castle 
NeM' Castle By order of j^ same 

July 24"' 1678 "^ Eph: Herman Clr 



Council Minute — Major Fenwicks case. 

Att a Councell &c Aug 22—78 

Pres^ M'.- Delavall Mayo'' The Go: & full CounceU. 

Major John Fenwyck's Case about his Late disturbance, 
was at his Request heard this morning. Hee had Copyes 
before of what is layd to his cliarge, being the several 
Deposicons. Hee desires tinie to answer tfc to prepare 
witnesses on his part. Alleadges his Interest particular 
<fc distinct from this Govm^ so not to bee Judged or con- 
cluded by it, pretends to Appeale from the Assizes Judg- 
m} to y'' K: & desired leave to goe home about his 
witnesses, but not allowed. 



ywniei} of Persona at Salem^ lohere Major Fenwicke Settled. 

fFrom ■■New York Colonial Domiments." Vol. XH.. p 608.] 

J^ames of persons at Salem or Swampe Towne where 
Majo'' Fenwyck satt downe. Given in by M'' Malstei- 
Octb"- 25*" 1078 

W" Penu W" Penton Edw'^ Chamnis 

James Newell quaker Richard Guy quaker 

George Deacon quaker W™ Malster 

Edw'^ Broadway quaker William Penton 



284 NEW JERSEY COLONIAL DOCUMENTS. [16T8 

Sam' Hedge ? Richard Guy 

Jolm Smith qnaker Michael Baron 

Edw'^ Wade qnaker Edward Broadway 

Rich<^ Hancock >. William Malster 

Micheill Baron Edward Ward 



Commissi oil for Williani Peivtoii and Others to he Over- 
seers at Saleni^ JV. J. 

(From •' New York Colouial Documents/' Vol. NIL, p. GIO.) 

Commission foi' W"' Pentoii, Richard Guy James 
Nevell ttc. 

S'' Edmund AndrossKn!' Arc. By Virtue of tlie Authority 
derived unto mee, I doe hereby Constitute appoint and In 
his Ma"*"^ name Authorize you W™ Penton, Rich'd Guy 
James Jsevell, Edward Broadway, W" Malster & Edw<! 
Ward to bee Overseers, Select men or Commissioners, on 
the West side of New Jersey on Delaware River att Elen- 
burgh In Verckens kill or hogg Creeke, commonly called 
Salem or Swamp Towne, & parts adjacent for One yeare 
or farther Order, amongst the new Comonei's there and if 
any dispute or difference hapen to arise amongst them and 
Old Inhabitants of those p*', that tlien M"" Ifop Outhout, 
who hath beene an antient Inhabitant there A: is now one 
tlie Justices of New Castle, have ^'otice thereof, who is 
authorized upon Such Occasion to bee one of the Co''.' & 
being there is to preside & you or anj^ four of you, to 
keepe a Co" as Towne or Corporacon quarterly or oftener 
if occasion, to appoint, or Authorize one or more Con- 
stable, and to allow or Cause to bee lay'd out fitting pro- 
porcons of Land for p'"sent Improvement, many ffitt places, 
not afore taken up and Improved, the same being Duely 
purchased & to heare and Determine, all Matt''* not extend- 
ing to life Limb, or Member, or Exceeding live pounds 




IfiT)^] ORDER RKSPECTINC F.ANDR IN DEI-AWARE. 285 

above wliicli to adinitt an Appeale to the Co""' of Justices 
at New Castle and accord iiiijjly to act in any Other matf as 
near as may bee but not Repugnant to the Lawcs of Engl^. 
Given under rny hand & Seale of tlie Province, In New 
Yorke this 2P» day of C)eto: in the 30»»^ yeare of his Ma'""^ 
Keigne Anruxpie Doniinie U>7S 

Examined 1)V mee 

1^78 ' ^^ 



Order Directing the Jusfla.s <if Newcastle^ Del.., to Protect 
the Inhahitantfi on the East Side of the Blrer in the 
Posf^ession of their Lands. 

[From 'New York Colonial Documents.' Vol. XII., p. t:iO.| 

An Order for the Justices of New Castle to take 
Care the Inhabitants on the East side of Dela- 
ware Riv^er bee not disturbed in the jtossession 
of theii' land. 

I'>v The Governo'^ 

Whereas I have rec'd Severall ConipP.'' & Petieons from 
divers of the Inhabitants of the East side of Delaware 
River that they have beeiie Disturbed in the Lawfull pos- 
session of their Lands and Tenements by Majo'' Fen wick 
and others. 

These are to desire and Authorize you the Justices of 
the Co'".* of New Castle to take Care that the said Inhabit- 
ants bee not Disturbed in their Possession upon any pre- 
tence Whatsoever, by the said Majo"" Fenwick or any others 
and if occasion to make mee forth w'*^ acquainted w*"^ the 
same Given under my hand in New Yorke this 28^*" day 
of Octto: 1678 E. Andros 

To the Justice of the Co'.^ t>f New Castle 



2S6 NEW JERSEY COLONIAL DOCUMENTS. [1678 



Duplicate of llie Lease of 2fatinicanck Islanfl, in Delaware 
Divei\ to Bohert Stacy. 

[From "New York Colonial Documents." Vol. XII., p. 614.] 

This Indenture made the 14*.'' day of November in the 
30'.'' veare of y*" Raio-iie of our Soveraigne Lord Charles the 
Second by the grace of God, of EngP, Scottl**, ffrance, and 
Irel" King, Defend"" of the ffaith &c, Annoq Domini, 1678 
Betweene S'' Edmund Andross K*, Governo'' Gen" und"" his 
Eoyall Highnesse James Duke of Yorke & Albany &c, of 
all his Territories in America ; for and in the Behalfe, of 
his said Eo)"all Highnesse, on the one P% and Robert 
Stacy, one of the Commission'.'' of the oS^ew plantacon, in 
West IS^ew Jersey in Delaware River, on the other P* AVit- 
nesseth that the said S"" Edmund Andros, for divers good 
Causes, and Consideracons him thereunto Especially move- 
ing, hath Demised, granted, and to farme lett and by these 
p'"sents doth hereby demise grant, and to farrae Lett unto 
the said Rob* Stacy his Execute" Administrato'".^ and 
Assignes all that Certaine Island Commonly called or 
knowne by the name of Matiniconk Island in delaware 
River, towards the ffalls ; together with the Houseing, 
Lands, Pastures, Feedings, Meadowes, and Appurtenances 
to the said Island belonging or in any [way] appertaining 
now or lately in the tenure or Occuj^acon of Peter Jegoe and 
Hendrick Jacobse in partnership To have <& to hold the 
said Island as alsoe the Housing and Appurtenances nnto 
the said Rob* Stacy, his Execnto? Administrato';^ and 
Assignes from & after the first day of January next untill 
the terme of seven yeares shall be fully Compleated & 
Ended. Hee the said Robertt Stacy his Execute'? Admin- 
istrato'.^ or Assignes, makeing Improvein* on the said Island 
& premises, and ])aying or Causeing to bee paid yearely 
and every yeare thii'ty Bushells of good winter Wheate, 
unto the said S'.' Edmund Andros his Successo" assignes or 



lf^78] LEASE OF MATIN'TfONCK ISLAND. 287 

orde' at Upland upon the twenty fifth day of March annu- 
ally, And in Default of paym?' of the said Sunie, thirty 
Days after it shall bee due that then it Shall and may bee 
Lawfull to and for the said S"" Edmund Andres, his Suc- 
eesso""^ or Assignes, into the said Island, and Demised 
p''mises wholly to re-enter and the same to have againe, 
Kepossest and enjoy, this Indenture or any thing Else to 
the Contrary, in any wise Notwithstanding ; ProvultrJ 
alwayes And it is to bee understood, that at the expiracon 
of the s'! ternie of the said Rob^ Stacy his Executo""" Admin- 
istrato*"." or Assignes, shall Leave and goe oft' the s*^ Island, 
That Whatsoever Edifices, Buildings, or ImprovemJ' there- 
of, hee the said Robf Stacy his Executo"^^ Administi-ators or 
Assigns, have or shall cause to bee Erected, or done on the 
said Island for the Benetitt thereof, there shldl hee Such 
allowance given for the same as shall lie Adjudged by 
Indifferent persons. In testimony Avhereof the Pai-tyes 
aforemenconed to these p'^sents have Interchangeably sett 
to their hands and seals in New Yorke the day and yeare 
first above written 
Sealed and Delivered Robert Stacy 

in p'"enc® of Matthias Nicolls Seer. 

E. D. Cantwell 



Petition of Thomas Olive and Other Inhabitants of Bur- 
lington^ N. J., in Favor of Henry Jacohs, Tenant, in 
Possession of Matiniconeh Island. 

[From "New Tork Colonial Documents," Vol. XII.. p. fi]5.1 

Burlington the 5'^ of ye 10^" mo: 1678. 
At the request of Henry Jacobs we whose names are 
under written doe give this our testimony in his behalfe 
To the Gouernor of Yorke. The said Henry beeing ten- 
nant and in possession of the Island called Matinnaconck, 
when wee first came into this Country and behaved himselfe 
scivilly and fairly to us in our alsoe was 



288 



NEW JERSEY COLONIAL DOCUMENTS. 



[1678 



serviceable (fe lielpeful to us at the purchase of the land of 
the Indians, where many of us are now settled, being neare 
to the saide Hand of Mattinnaconcke and since the time of 
our settling being a neare neighbour to us hath beene redy 
to assist us at any time one the account of the Indians, 
And we beeing strangers to the Cuuntr}- and unaquainted 
with the Indian language liave often had occation to make 
use of the aforesaide Henry amongst the Indians, whoe 
hath redily come to us from time to time to serue us and 
answere our request, as occation has required and is equally 
concerned with Peeter Jegoe and both tennants to the 
Governor for the Hand as aiforesaide. And itt haveins 
soe fallen ouet of late that another hath gott a graunt of 
the aiforesaide Hand, which Henry Jacobs and Peeter 
Jegoe are now in possession of, And are very unwilling to 
forgoe it beeing now in away to Improve the land and to 
raise some corne upon it they paying there yearly rent 
according to agreement and that another should so come to 
sucseed that hath been receiued and Entertained as a 
stranger in time of necessity and by reson the men are soe 
deserted and discouraged in that tliey are like to bee put 
out of there place wee can doe noe lesse than giue our 
testimony as aboue written. And doe not question that if 
the Gouernorr comes to understand things thrughly butt 
that hee will sett all to writes. 



Tho: Eues 

Anthony Allen 

Robert Powell 

Samli Lonett 

William Brightwen 

Daniel Wills 

William Clayton ye younger 

Robert Dunham 

William Black 

George Elkinton (?) 



Tho: Olive 

Daniel Wills 
•Tohn Wolston 
William Clayton M"' 
William Peachell 
John Cripps 
Tho: Harding ; 
Peter Herrisons 
William Matlock 
T. Wright 



William Woodhons 
Joshua Bore 
Andrew Smith 
older .Tohn Champion 
Thomas Kendall 
Thomas Palmer 
Luke Brindly 
•Tohn Rogers 
Peter [P] Stringham 



Petition to tlie Governor in behalfc of Plenry Jacobs of 
Mattinnicum Island 
Dec. 5*" ICuS 



yzm': 



^•*5> 






■srar KSxer "ipj^ «V<a-Ti tt^fe ■wtllhh^ i<! 



^;r#- KT "STL^iiii: T-:. ifaetant T-arrrthirrr-t- 












290 NEW JEESEY COLONIAL DOCUMENTS. [16Y9 

Stated 19'?" Sept^ (79) This Is reel from Sr John Werdon. 

The Dutch West India Company were possessed of a 
Lnrdge Tract of Land in America (called new Netherlands, 
for the Governement whereof, among other things, they 
Imposed a Cnstome of /("o! npoii Merchandises of Straingers 
or Inhabitants there, & collected y'' Same many YearcF. 

In. 1664. His Maj'^'^' Forces nnder Coll. Kicholls invaded 
those Territorj^es & conquered y™ yet admitting Articles 
of Surrender (on delivery np of the ifort at New- Amster- 
dam, now called New-Yorke) wherein the same Payments 
were consented to, & generally the Priviledges of the 
Inhabitants (then most Dutch) reserved to y™ 

Coll. Nicholls continued in Possession many Yeares as 
Gpvernoiir nnder His K? High^?** (to whom the K? by Pat- 
tent had grannted the whole Tract, with Power to make 
Laws <fec. for y^ Good Governem* thereof, soe as they were 
not repugnant to the Lawes of England) And after him 
Coll. Lovelace succeeded in the Governement till (1672) 
dureing all which tyme y*r s*^ /oo Customs were duly collected 
without Interruption. 

Soone after y^ y! Duke had Passed his Pattent, He 
irraunted to Sr Georo-e Carteret & lA John Berkelay, A 
Parcell of the Premisses, which is since called New Jersey, 
which they enjoyed Jointly as Proprietors of the Soyle ; 
untill. (72) when by the Chance of wari'e, The whole Teri-i- 
tory fell againe into y" hands of the Dutch. 

Whilest y*^ Dutch were in Possession of it {& in warro 
w*^ England) M" Fenwicke, Mr Billing &c (most of y"? 
Quakers) agree with L"! John Berkelay for his Right to One 
Moity of New Jersey. 

Afterwards in (1673) the Peace being made 'twixt Eng- 
land & Holland ; the Avhole Territory was restored to vs 
by virtii3 of y* Treaty, & all men presumed to be in Pos- 
session againe ; in Statu quo. 

The Duke being affresh entitled from the Kings New 
Graunt to him ; in. (73) or. (74) sends over a New Gover- 
nour (S'' Ed^ Andro?., \vho is now there) & a Company of 



1679] 



QUESTION AS TO CUSTOMS. 



291 



Souldiers to repossesse the Forts & resettle the Coiintrj ; 
but in kiiidnesse to y^" & encoiiragein' to English Ti-aders, 
Lowers (or abates) the ^^ to jJi, Cnstomes. 

Abont j<^ same tyme Sr G. Cai'teret & y9 Quakers obtaine 
New grannts from the Duke of New Jersey, in the same 
manner, as it M-as formeily granted to Sr G. Carteret &. 
L^. Berkeley. 

And afterwards the Quakers agi-ec with S^ G. Carteret 
to divide New-Jersey betwixt y"^ by certaine Metes & 
bounds soe as each might know theire owne Share ; & this 
is done by drawing an Imaginary Line crosse the Country 
(but Visible in theire Map) to which all party es being 
agreed; the Duke upon theire desire adds his Confirmation 
of this theire Partition. 

Sr Edm^ Andres y'' present Governour continues to 
demand & Collect y^ jf^, Cnstomes (as his Predecessours did 
J^ m) & y*^ Quakers exclaime ag'.^ it, pretending y* they 
ought not to pay Any. 

Quaere? whether l)y the Graunt to the Quakers {& to S' 
G. Carterett) of the Soyle, &c. They be empowred to set 
uj) distinct Governements, Principallityes, or Common- 
wealths, within theire Respective Lands ? or whether they 
are not still lyable, as all other Inhabitants in these Terri- 
toi-yes are, to t!io Lawes established in New Yorke, for y** 
whole Territory depending on it ? 



JSames of the Magistrates of West New Jersey. 

[From "New York Colonial Documents'," Vol. XII., p. C3j.] 

At the upper plantations on the west side of New Jersey 

r Mr Thomas Olave 
Mr Daniel Willes 
Mr John Kensey 
Mr John Pinford 
Mr Joseph Ilelmsley 
Mr Robe'-.' Stacy 
Mr Ben. Scott 
[ Mr Richard Guy 



Commission being 
the first dated -J 
Aucrust 1G77 



202 NEW JERSEY COLONIAL DOCUMENTS. [1680 

At the lower })lantatioii8 on the west side of New Jersey 
Salem. 

' Mr James Xevill 

,. . . , . Mr Wilh'am Pentoii 

Lommissioii heiiii;' ^.r tt i 1/1 

^, , , ', Mr Kichartl buv 

tJie second dated Tir -r^n i i. ' i 

,. , ,, . ,,,_,, Mr iidward Lroadway 

Oct. 2<>. 10 (l» ., T^T 1 TTT 1 

I Mr Edward Ward 
[ Mr Richard Hancock 



From Uoiurnor Andvox t<> Gwemoi' Coiirrit. 

[From " Grants and Concessions," p. f)73.J 

Being advised of jour actings without any legal Anthor- 
ity to the great Disturbance, &c of his Majesty's Suhjeets, 

1 do herewith send you attested Copies of the King's Let- 
ters Patents, and his Royal Highness Commission, for 
Lands and Tei-ritories, as also further for Authority and 
Jnrisdiction over all Persons within those Bounds, etc, as 
]iy his Majesty's said Patent to his Royal Highness, in 
which being com])rised, therefore in Obedience to his 
Majesty's said Authority, you are to forbear and not pre- 
sume further to assnrne or exercise Distinct or any Jnris- 
diction over his Majesty's Subjects, O]' any Person within 
any of the Bounds of that his Majesty's Patent to liis said 
Ro^^al Llighness without lawfnl Power Recorded (as it 
ought to be) in this Place — I do ae(piaint you that it being 
necessary for the King's Service, and Welfare of his 
Majesty's Subjects living or trading in these Parts, that 
Beacons for Land, or Sea-marks for Shipjjing Sailing in 
and out, and a Fortitication l)e erected at Sandy-Pointy 1 
have resolved it accordingly, but having due regard to all 
Rights or Properties of Land or Soil, shall be ready to pay 
or give Just Satisfaction to M"" Richard Hartshorn, or any 
assigned to, or intereste^i in said Sandy-Pointy or Place, 
and not doubting your observance of the above remain, 

Yonr affectionate Frieiul and Servant 
New Yorl\ March the ^^^ 1679-SO E. Andros 

To Governor Plrdlip Carteret, at his House in Elizabeth- 
Town 



1(18<>] PROCLAMATIOX AfiATXST GnV. CARTE l.'KT. '2U'4 

1* rochitiKii Kill (if ( idi'rj'iioi' ^[/iiJriw. 

[From ••(; rants ami CiiiK'i'ssidiis," ji. (!7ri. 1 

Sir En:\rrNn Axdros?, Iviti^lit. TJentoiiant niid (iovcnior, 
(u'lienvl and Wee Admiral under his Royal lligliness 
,J(inii'^ Diikc of Y()rl\ and Alhiiiiij^ ^c and of Xcir Yorl\ 
and dependences, i^-c in Ainrrhui. Whereas upon Informa- 
tion of the Actino-s of Capt. I*Jiil/j> ('(nieret, assnming and 
authori/.inii; oth(M's to exercise Jurisdiction without anv 
Icii'al Authority, to the great Disturbance, tfcc of his Majes- 
ty's Subjects, within the Pionnds of his Majesty's Letters 
Patents, to his Royal Iliglmess, I have sent to forwarn 
said Capt. Cai'terei^ from such his illegal Actings ^q. I do 
hei-eby by advice of my Council, l)y Virtue of his Majesty's 
Letters Patents and Authority derived unto me undei- his 
Poyal Highness, in his Majesty's Xame, further re(|uire 
and Command the said Capt. PhJUlp ('(irfii'd. and all 
other pretended Magistrates and Officers, Civil or Military, 
authorized by him, to forbear, and not presume further to 
assume or exercise distinct or any Jurisdiction o\er his 
JMajesty's Subjects, or any Person within any the Hounds 
of that his Majesty's Patent to his said Poyal Highness ; 
and also that no Person or Persons do any ways abet, assist 
(^r observe the same or any such illegal Authorities — But 
thev and all Persons foi'tlnvith to submit as they ought to 
the Kings lawful Authority, signiiied by his Majesty's 
Letters Patents to his Eoyal Highness here established, as 
thev and every of them, will answer the contrary at theii' 
utmost Perrils ; upon which I do remit all past acting on 
said Account, and for the Pi-eservation of the Peace and 
Quiet (»f his Majesty's Subjects in these Pai'ts, I do con- 
tirm all the present Constables in their several and respec- 
tive Towns and Precincts, and shall be ready to take 
further Order for the good and welfare of his Majesty's 
Subjects, pursuant to his Majesty's said Letters Patents and 



2y4 NEW JERSEY COLONIAL DOCUMENTS. [1080 

his Rojal Ilighness Commission and Authority to me, 
respecting the Jurisdiction, &c. without intrenching upon 
any Man's just Right, Property, Freehold or Possession- 
Given under my Hand and the Seal of the Province in 
JVew-York, the 13th Day of March in the Thirty-Second 
Year of his Majesty's Reign, Anno Domini, 1679 ^ 

Andeos 
To Capt. Phillip Carteret. 

Examined hy me Mathias jSTicholls, Secretary 



From Governor Carteret to Governor Andros. 

[From "Grants and Concessions," p. CT4.1 

From Governor Philip Carteret to Governor Edmund 

Andros in answer to his letter of the 8"^ March. 
Sir 

Having seriously considered your Letter of the Sth 
Instant, and advised upon the Contents thereof, not only 
with the Council, but also with the most eminent, though 
not numerous. Part of the Country who have largely 
weighed the Force of his Eoyal Highness Grant, the Com- 
mands of his Majesty to contirm to the Lords Proprietors 
Government, the long and peaceable Possession of this 
Government during the Time of all your English Prede- 
cessors, and yourselves, return this Answer, that as I have 
not plunged his Majesty's Subjects into any Disturbances, 
so I intreat you not to molest me, as his Governor, nor the 
People under my Charge; I not making any presumtive 
pretence beyond the Bounds of my Commission, nor the 
People Yielding Obedience but by their Sovereigns possi- 
tive Orders. As to what may be I'equisite to Land, or Sea 
Marks, as they are considerable so they shall be considered 
of, without any other compulsion than the necessity of his 
Majesty's Affairs requires, if you intend to set a Fort at 
Sandj^-Hook, I shall be constrained to endeavour to prevent 
the same, until I shall know the Proprietors Pleasure, he 

1 ll)70-B0. 



1(){5()] OOVKKXOK CAKTEKKT S ANSWER. i}95 

having reserved tliat for a Fortification when the King 
shall conunand it. The People as well as myself and 
Council, hold ourselves obliged bv liis Majesty's express 
Commands to yield Obedience to the Government, estab- 
lished by Sir George CarfrM, and are under Oath so to 
do, — and arc resolved not to vary tlierefrom until the same 
be remanded by the King, who only can determine this 
Matter ; and shall be necessitated, if any Force be used, to 
defend ourselves and Families the best we can, which if 
any l^lood be shed it will be contrary to our desires, and 
the just and righteous God require it at your Ilands, who 
arc the Causes thereof — And therefore we intreat you to 
forbear your threats or any other Acts of Hostility towards 
us, until his Majesty decides this Controversy, whicli we 
shall endeavour to have effected as soon as possible may 
be : The occasion that hinders this from being sent you 
sooner, is the foulness of the weather hindering the Coun- 
cils meeting, as also an alarm we had Yesterday of j^our 
being come with your Sloops and a considerable Number 
of Soldiers which constrained us to put ourselves in a 
Posture of Defence 

I am your Humble Servant, 
Elizaleth-Tov:n Pn. Carteret 

2Cth March 1679 ^ 



Comm/hsion from Governor Carteret to John Berry, to he 
his Successor. 

[From " East Jersey Records," Liber 3 of Deeds, p. 3GC.] 

By the hono"!^ Phillip Carteret Esq^ Governo'' Und'i the 

Right hono^'^ S!" George Carteret Knt. & Baronet Lord 

Proprietor of the Province of New Cesarea or New 

Jersey. 

Whereas I am constrayned to put my selfe and Country 

in a posture of Defence for the maintenance of o"" Just 

Rights Granted by his Majties unto y^ said S'' George 

1 1U73-SJ. 



290 



NEW JERSKY COLONIAL DOCUMENTS. 



[1680 



Carteret Lord proprieto'' of the said Province and his 
Intrest therein, and not Knowing liow it may please God 
to Dispose of me Eyther by Life or death or absence I 
liave thought litt and doe by tliese p'sents noin'mtiie Con- 
fttMvte and apjmint Oapt'^' John Berry to succeed me in 
the Government, and in case he should by accident be Cutt 
of or Disabled to take the charge uppon him, then I doe 
hereby ConMlfufe and (ippo'nd CattV Willta]\[ Sandeord 
to succeed him tlie said Berry Li tlie Govei-m! as aforesaid 
hereby re(piireing them or an3' of them in his Majties name 
to defend to defend the said C-ontry or Province, the Litrest 
of the Lord proprieto'!'* and the peoples Biglit and privc- 
ledges to the utmost of your powers, hereby Requireing 
all p''sons Li Generall as well freeliolders as other the 
Inhabitants to yield obedience to your Conduct and Com- 
mands Lntill such time as his Majties pleasure shall be 
further kuowne therein, Given under my hand and scale of 
the Province at Elizabeth towne the 22^*' of March An" 
Dom 1071> ^ and in the two and thirtieth yeare of his Maj- 
ties Raigne of Charles the Second ct*^ 

Bv order of the Governo'' Philip Carteret 




!^ecre^>■ 



P lUKUfiJiiKj^ of CoKiidl III licldfioj) in llipt'eimitatioii 
from the Tou^ns in JScir Jerscij. 

IFroiii N. Y. Col. I^ISS.. in Srcrctiiry of State's oflicp, All):niy, Vol. XXIX., p. 68.] 

New Yorke At a Councill March 23 10'^^ 
A Letter from Q,!^ Ph. Carteret dated ye 20"' March in 

1 lt)7i)-S0. 

'i The initial "C " before tlie names of Carteret, JJakei- and others iisusiUy slanda 
for Captain. Eu. 



1(>S0] MINUTES OF COUXCIL AT NEW YORK. 21»T 

answer to the (tov of the S'" hronglit hy C W°^ Sandtonl 
t*c Mr Jolmsoii with other pai)ers vi/t A letter to (tov 
Nicolls from the Duke No 18 1664: rchiting to his U H^ 
Grant t(^ ye Ld jlerkelev & Sr George Carteret 

Anotlier to Go. Lovehice from the Duke also dated No 
25 ir.72 to assist &c & declaring Go. Nicolls Grant to C 
Baker ^tc to be nnll, bearing date after the deed granted 
to ve Ld B & Sir G. C. 

The Iv^ Letter to C. r,erry Dep. Go. dated Dee 1>'" 1<>T2 
Another to C Bh Carteret June 18 107-1-. The lv"s 
(irantto the Duke dated June 2;tth. Nothing materiall 
in either 

C Sandford t^: M'^ Johnson appearing being sent for 
deelai-e not to know the contents of ye letter bronght by 
them nor to have authority to s]ieake any thing concerning 
it but are as private p'sons. 

Eesolved An answer to Carteretts Lre & being in- 
formed the K' L're patents have not been made publick or 
made known among them That each Towne bee sent to 
who are to have Kepresentatives, to meete ui)on the T*" day 
of April next att Woodbridge in order to y'' Kings service 
and the (piiet of all his Maj"''" subjects in those pts. 

At a Councill New Yorke March 2.V'' Ki^il 
Upon Consideration whether it will be for his IVfaj''*"' 

service to admitt of Deputyes from the Townes in New 

Jersey as others o'' neighbo''^ have. 

Resolved That it will bee necessary c*c convenient for his 

Maj'"'"*' service that they have deputyes etc: 



Gover)ior Pli'd'ip Carteret to (rorernor Aii(h'(»<, Comiter- 
jiKinding Orders for a General xisscmhl;/ and Cati- 
deiiniiiu/ Governor Andros' Proceed in<jx. 

[From "Grauts and Couccssioiis." p. tivti. | 

From Governor C;irteret to Governor Andros 

Sir Upon consideration of his Majesty's Connnands 



'25^8 NEW JERSEY COLONIAL DOCUMENTS. [I68O 

which is only directed to his Governor and Council in this 
Province, 1 have thought fit to countermand any former 
Orders of convening the General Assembly, which will be 
but a charge and trouble to the Country, and in Friendship 
think fit to let you know it, that you may not come or send' 
in Expectation to it; and finding the Insinuations and 
indirect Means you use for obtaining the Government, and 
in a sinister way to subvert the JMinds of his Majesty's 
Subjects here, therefore do hereby Command that no more 
of your Emissaries may be sent or appear here, under Pen- 
alty of being proceeded against by Imprisonment, Tryal, 
Condemnation and Penahy, as his Majesty's Laws direct 
to Spies or Disturbers of the Publick Peace, unless with 
particular Message to me and so to return. It was by his 
Majesty's Command that this Government was established, 
and without the same Command shall never be resigned 
but with our Lives and Fortunes, the People resolving to 
live and dye with the Name of true Subjects and not 
Tray tors. 



Sir 

Since the Writing above yours arrived by Mr. West, for 
which please to take for Answer, that whereas we are suffi- 
ciently satisfied of your unjust Actings, endeavouring to 
subvert the Minds of his Majesty's Subjects here, from 
their Obedience to his Commands and Fidelity to their 
Proprietor and Government by him here established ; we 
have thought fit and do hereby not only protest against 
jour unlawful Proceedings, but do make our appeal to our 
Sovereign Lord the King, which we shall forthwith send 
to be presented to his Majesty, who only can determine 
this Matter, and that you may not plead ignorance in not 
knowing of it, or of our Intentions to prosecute the same, 
we do give you this Notice thereof that you may if you 
please take order to Answer our Complaints ; and in the 
mean Time we requii'e you, in his Majesty's Name, to for- 
bear to ujolest or disquiet us in our peaceable Possession, 



KjSQ] gov. andros' visit to nkw jeksex. 



290 



or in the Government here established by his Majesty's 
Commands, or in any other way whatsoever at your Peril 

Sir your Friend and Servant 
Elizaheth-Toion, the Philip Caeteeet 

29^'^ March 1080 



Visit of Sir Edmund Andros to New Jersey > 

[Erom IJ. Y. Col. MSS., iu Secretary of State's office, Albany, Vol. SXIX., p. TS.] 

Monday April 5'M6S0 

It was resolved in Conneill, That the Go: goc in person 
tomorrow in his Sloope towards New Jersey to he iherc 
the next day being the 7'^ the time appointed for the Dep: 
to meete, & that he goe in a friendly way with his ownc 
Retinue & some Volunteers to attend him, without other 
armes than their swords. 

Tuesday the 5**^ 

The Go: & his attendants went on board about two 
oclock afternoone towards N. Jersey having a briske gale 
of wind at w. s. w or thereabout. Volunteers that attended 
the Go: Morriss, Nicolls, Eger . . . ctts Willett, Colh 
yer James Graham Ilon^'^^ J. White. J. Wandall, J Wo^t. 
in the Evening wee came up to Shooters Isl where woe 
ran a ground and afterwards came to an anchor on Staten 
Island side not far from C Youngs. It was there proposed 
if not convenient to send some one to C. Carteret that very 
Evening to acquaint him of o^ Coming in peace, which was 
resolved on : C Collyer was pitcht upon & (by his owne 
request) M'" Jane Wilson to accomi)any him, who went 
away to a point where they were challenged but declaring 
to be friends went up the Creoke in Coll. Morriss' boate. 
They found pt of a comp^ with C. Greenland at the point 
& heard of another compy by the way wdien they arrived 
at C Carteretts there were others in armes who challenged 



1 See Governor Carteret's account of tli3 same visit on a subsequent page, from 
" Grants and Conc.-ssions," p. 677, and -'East Jersey Unler tk3 Proprietary Covein- 
ments," id Edit., p. 92. Ed. 



800 



NEW JKRSEY roLONIAL DOCFMEKTS. IIGSO 



tlieiii win- c"^' from wlienee tliev eame, and C. Saiidford Avith 
liis sword drawiie came to the landing place and demanded 
if they were fi-iends, to the av''" C Collyer replying " yes " 
hee did have them to leave that hnt let them come ashore. 
The l)oate came liack Init they stay'd all niu-ht. 

"Wednesday the 7"' 

The same boate Avas sent over to the pointe abont six of 
the Clock in the morning to bring the messengers aboard 
Avho Avere come doAvne. 

Att their arrival, they gave acct of their recep c*c of 0. 
Carteretts ansAver That if the Go: and his Jtetinne shonld 
come to him as friends hee should be Avelcome. 

About an houre after the Go: A: Gomp^ Avent in his 
pinnace & (-oil Morriss boate up the Creeke Thei'e Avas at 
the pointe Capt Greenland Avith part of a Company Avith- 
out Colours, saluted the Go: avIio Avere relieved by anothei- 
]iarty fi-oni the toAvn just as Ave Avent up the creeke. 

The Go: &c Avent ashore a little beloAv Mr. Hopkins' 
house >k walkt to C Carteretts on the hill. As all crost 
the holloAV just by the honse there was part of a Com])any 
with C. Whitehead at their head, who making a passage 
for us Avee Avalked through to Avhere Avee mett C Carterett 
Capt C Sandford, C Pike & Capt Bowers. C Carterett 
inviting the Go: in the stockades, another party opened for 
to receive the Go: which was conmianded by C Sandford 
Avho gave a volley just as Avee passed through them. 

A Avhile afterward being gone in S"" Edmund Andros 
acquainted C Carterett & the rest Avith the occasion of his 
coming to undeceive the people and to sheAV his preten- 
cions on his Eoyal Highnesse behalfe to the Go verm! 
Thereupon comanded mee to read the K'* patent to him- 
selfe &c to receive the place & country from the Dutch, 
Avhicli Avas done. Together Avith Go: Colves orders under 
his hand cV scale to all ottic"* to surrender unto the Go: cV: 
one particularly to M'' Ogden then scherif for the surrender 
of N. Jersey. 



1680] GOV. ANDRos" ^■ls^L■ TO SEW ji;rsf,v. ,301 

Tlie K'^ patcMit to his II IP was likewise hepiii to he 
read, but tlie people crowded in to lieare it being debarred 
by C Saiidford's Coniand to the Marshall to keepe tiieni 
out which he did somewhat churlishly, S*" Edmund being 
unsatisfied thei'ewith A: not willing to trouble C Cartei'etts 
house, hee ordred mee to follow him out of doores, there 
to read it in tlie o])en held without the stockades that all 
his Maj'"^* subjects there present might heare the same, 
which was done accordingly, as also the Dukes' Commis- 
sion to the Go: vV: the King's order and under the signet, 
to resurrender all back to his 11 IP order &c 

AVhereupon C Carterett desiring S'" Edm. to goe into the 
liouse againe where he would produce all his rights to the 
Goverm"^. He shewed the lease ct release from his R II** 
to S"" George Carterett w"^'' was read by C Berry & ])]eaded 
to by him Sz Capt Sandford C Carterett in the jniddle 
betw-eene them & C P)Owers thereby who read one of the ' 
letters with the signet from his Ma''*' to C Carterett, there 
being also another to C Berry as dep: Go: it 2 others the 
one from his E IP to Coll. Nicolls, another to Coll Love- 
lace relating his conveyance to S'' Geo: A: order of assist- 
ance to his Go: or Dep: There was also a copie of another 
Letter part from the pi'oprie"'' to Capt Nicolls promisim-- 
to conlirme his grants. 

S"" Edm Andros insisted u})on his Maj'''-'^ L'res Patents 
being of greater force than the K'' private L'res ifc the Con- 
veyance by lease *Sz release to vary Coniand with other 
material arguments. That which they at last centred u])oii 
was that S'' Geo was the D's assignee & by vei-tue thereof 
had as ample p [ower] of Governm^ as the D. himselfe, tfe 
both C Carterett, Berry, Sandford A: Bowers declared they 
would to their uttermost hold & defend their Go : m*^ until 
the K** pleasure were kno\vn thereby who could only be 
judge in the case with his Councill betweene his R 11 & 
Sir Geo Carterett. 

C Beny talked of Appealeiug unto Engl w'' hee said 
they had sett about already but being minded bv S"" Edm 



302 NEW JEKSEY COLONIAL DOCUMENTS. [1680 

that it was Impropr thing to appeal before a judgment, 
however tliey presisted in it. 

Sometimes tliej insisted upon the bcin^; in possession 
unmolested but a while after the discourse was broken off. 

After diimer S"" Edm. walkt down to the pier, accom- 
panied by C Carterett & Capt Bsrry witli a party of men in 
arnies, a Guard being made for him from tlie doors to the 
stockades & over to the brow of the hill each of the ptys 
giving a volley. There was onely one Colours among 
them. The sailors gave a volley or two as I g03 aboard, 
so hauing a good wind we reach Jiome before night. 



Warrant from. Governor Andros to Arrest Governor 

Carteret. 

[From -'New Tork Colonial Documents," Vol. Xn., p. ^49.] 

Warrant to Arrest Captain Philipp Carterett. 

S^ Edmund Andros Kn* &c. Whereas Cap!" Philipp 
Carterett of New Jei-sey having presumed to assume and 
Exercise Authority and Jurisdiction over the Kings Sub- 
jects to their great disturbance &c in those parts within 
the bounds of his Ma*'*^^ Letters Pattents to his Royall 
Ilighnesse and presisted therein without any Legal Au- 
thority not withstanding his being dueiy forwarned and 
comanded to the contrary where upon by advice of my 
councell I have caused the person of the s*? Cap* Philip 
Carteret to be apprehended and brouglit to this place in 
order to further proceedings according to Law : These are 
in his Ma""^ name to Require you to take into your charge 
and custody the s*^ Cap* Philip Carterett and liiin safely to 
kpepc "untill fui'ther order or his being discharged accord- 
ing to due course of Law; and for soe doing this shall be 
your Sufficient Warrant. Given under my hand and Scale 

in New Yorke this 1^^ day of May 1G80 

E. Andkos 
To Cap* John Collyer 



1C80] TEIAL OF GOVEBXOK CARTERET. 303 



Extracts from the Minutes of a Special Court of Assises, 
Held in New York, for the Trial of Philijj Carteret. 

[From " Grants and Concession"," pp. 673, GT9, C30.) 

At a special Court of Assizes lielcl in New-Yorh tlie 
27*^ and 28"' of May, 1680 

A. B. Avl)o as well as cfec. j^resentctli Capt. PJcilip Car- 
teret of Elizaheth-Tovm in New-Jersey, for tliat lie the 
said Capt. Philip Carteret, tlie Tth Day of April, last past, 
nnd divers Times before and since, without any lawful 
Right, Power or Authority w^ith Force and Arms, riotously 
and routously with Capt. John Berry, Capt. William 
Sandford, and several other Persons, hath presnmed to 
exercise Jurisdiction and Government over his Majesty's 
Subjects, within the Bounds of his Majesty's Letters 
Patents granted to his Eoyal Highness; and although by 
Publick Acts and Declarations hath been forwarned [not] 
so to do, he the said Capt. Philip Carteret, hath persisted 
therein, and riotously and routously with Force and Arms 
hath endeavoui-ed to assert and maintain the same, all which 
Actings of the said Capt. Philip Carteret, have tended to 
the hinderance of the publick Peace of the Government, 
and in contempt of and contraiy to the Laws aiul Liberty 
of the Subject, and against the Peace of our Sovereign 
Lord the King, therelbre prays that this Coui't will pro- 
ceed against him the said Capt. Philip Carteret, as the 
Law in such Cases directs. 

Philip Carteret, Esq ; saith, that ho did refuse the 
Delivery of the Government of New- Jersey, for that ho 
being Commissionated Governor thereof, by Power de- 
rived from his Majesty, and his corrnnand to the People, to 
be obedient to the Government established by Sir George 
Carteret, dares not deliver the same without an especial 



304 NEW JERSEY COLONIAL DOCUMENTS. [1680 

CoinuKUid from tlio Kiiiii;, unto whom lie hath addressed 
liiiiiself tor Determination ; and whereas he th.e said 
PliU'ip Caiieref, Es4 ; hath been violently and riotously 
hailed out of his House by Night on tlie 30th Day of 
April., l()So, by Sir Kdmund A)idr(»<8, his Ottieers, and 
kept a Prisoner ever since, doth demand his Liberty upon 
his Parole to appeal' when the King shall Conniiand it, and 
doth protest against tlie Jurisdiction of this Court, where 
his impn-isoner and accuser is to be Judge, and doth Appeal 
to the Determination of his Majesty who only is the proper 
decider of this Matter. 

Cai'T. Pli'dlip Caiiei'vi^ of Elizidxih-Tuivu^ in Ktir- 
Jei'sey.) being presented for that he the Tth Day of AprU. 
last past, and divei's Times before and since, without any 
lawful Kight, Power or Authoritj^, hath presumed to exer- 
cise Jurisdiction and Government over his Majesty's Sub- 
jects within the Bounds of his Majesty's Letters Patents 
to his Royal Plighness, and though forwarned hath per- 
sisted and riotously and routously with Force and Arms, 
endeavoured to assert and maintain the same ; Arc. upon 
Tryal being by the Jur}' brought in not Guilty, is acquitted 
accordingly. 

But the Court declare their Opinion and give Judgment, 
that if he the said Capt. CaiierH shall go to Ncir-Jci's, i/., 
he should tj-ive Security or Eno-ao-ement not to assume anv 
Authority or Jurisdiction there. Civil or. Military. 
Bij order (>f the i<2>ecial Coiu't of A.'<sise.<i, 

Matjiias Nicolls, Seci'ctary. 



AecoKiif of (ror( riior ^{iidrox^ 1 i.sd to JVcio der^eij to 
j\£eet tlie ^issr/j/hl//. 

[Fioni \. y. ("ol. MSS.. iu Secretary of States office, Albany, Vol XXIX., p. iy-2.| 

.hine V^ 16S0 The Go: with the Councill & sevrall of 
the gents of the Towne to attend hitne came from JKew 
York about noone in his sloope to come to N. Jei'sey to 



16S0J GOV. ANDKOS AT KMZAHKTIITOWN. 30o 

tlie AssL'inhly of J)e|)ut\'es to l^e lield tlic next day at Eliz. 
Towne. 

My Lady Andros came in eoiiipany attend'! with 'J or 
10 o^entlewonien, my wife for one. (.'oniing by C Palmers 
ray lady *Sc Comp^ landed at (J Palmers \Sc stay'd all night. 
My Lady tfcc came in the morning to Eliz. Tonne. 

All the Dep came to toune Perghen excej^ted. In the 
af'ternoone they were sworne that were present being 12 
for tonnes. The K" letters patents read & Go: Comis- 
sion. The Go: spaked to them upon sevrall heads, bad 
them to choose a Speaker ife recommended them as the 
Clai'ke (Isaac N Whitehead) wliicli they seemed to to 
oppose it being their pretended privilege to chuse one 
themselves but the Go: insisted upon liis ca])acity cV 
employm^ as their Clarke. 

The other two being come were sworne of which one of 
them refused to take the oath of allegiance at first (hi^ 
name was Donglasj professing himselfe a Roman Catho- 
lick, but being informed it was not the oath of Supremacy 
he offered to take it tfc was admitted. In the forenoone 
they returned C Bonne Speaker and Isaac X Whitehead 
Clarke. In the fore no(jne they niett, and the Go: ex- 
pected a Petnrne upon the severall heads he had first 
spoken to. which were sent them upon their desire, but in 
lieu thereof they sent a paper wherein they expected as 
they said an act in Confirmacion of their Comissions tfec to 
convene an assemblv every 2"'' Dav of Oct. in the veare ; 
concerning which the Go: said hee would speake to them 
in the Evening. 

Between 7 and s in the evening afterwards they came 
to the Go: at M"" Whiteheads where the Go: spoke to them 
at large and was answered by their Speakei', as in . . 

This morning the Clarke brought (5 Saturday) mee the 
Records of the Assembly, being Acts then passed set forth. 
As they desired, I was sent to them to know if they had 
any thing further to propose <Sc to know how long they 
thought to sitt. To the first, they s** it woidd be Tuesday 



306 NEW JERSEY COLONIAL DOCUMENTS. [1680 

next ore tliey would end all, when tliey sliould have all 
ready for y*^ (lov: whereupon I told them for ye (tov: that 
he had businesse in N. Y. & would returne by the time 
tliey meneioned for iinishing their l)uisuesse when he 
would ii'ive them an earing to all their proposals cfe that 
the Go: liadadjourmid his (Viuncell till Tuesday when they 
would be at Eliz: Tonne likewise. 

The Go. came away just after noone. Wee came to 
C Palmers Avhere fn^ uiy lady & gentlewomen. T'was 
after dinner ere wee came away. I gave a p'' of 8 to my 
wife who came away and at C. Palmers f of another piece 
of 8 change. 

Wee lay on board all night, came in the Morning Be- 
times. I went this Sunday and the last goeing to y" Sacra- 
ment being so hurryed with Buisncss up and down. 

I am goeing to Lug Isl. 



Retuini of Deputies for Kea^ Jeracy As-seinhly, to Meet 
June 2^ 1680. 

[From N. Y. Col. MSS., iu Secretary of State's office, Albany, V^ol. XXIX., p. 105. J 

Returne upon the Sunions to tlie Const: of the 
sevei'<ill Tonnes of New Jersey foi' Election of 
Deputy es for the Assembly. 

John Ward Const of Newarke makes 

returne for their Toune of — \ Returned 

W Thomas Johnson L May 24 

M'' John A\^ard j 1680 

John Little, Const of Elizabeth Toune 

makes returne for their toune of 1 

M"" Henry Lyen - May 26 

M"" P)enjamin Price j 
The Const of Bergen makes returne for 

their Toune of \ 

W William Douglas - May 22 

M' Hans Diedewicker \ 



IfiS'l] T'K(»<'KKI)I.\(;S OF ASSK.MIJLY AND ('OUXCIL. 807 

liicliai'd lliirtsluirnc. Const of jMiddlctoii 
makes KctuiMic for their tonne of Mr i 

,John Bonne and - ^I'lJ -T 

Jonatliaii Holmes ) 

Retnrne for Slirewshnry j\L'' Jndetli / June 2'"' 

Allyn M'' John Hanse \ at Hliz. -Tonne 

Keturne for Piseattaway M'' John ' r»o i 

Gillman, M'' Edward Slangliter \ 

Ketnrne for Woodbi'idge M' Lewis ( 

r.aker M'' John Bisho]) J"^ j 



P i'o<-C('(J oujs. of tile Jiciv J< rsey A^Sf^cinhh/ iind Council. 

I From N. Y. Col. MSS., iu Secretary of State's oiKce, Albauy. Vol. XXIX., p. 1-JO. | 

New Jersey June 2°^' 1(380 
This beini;- the day appointed for the nieetiniJ- of tlie 
Assembl_y, all the Deputyes appeared for the severall 
Tonnes unlesse for Bero'heu. 

In the afternoone they tooke the Oath of Allegianee. 
The Iving's Letters Patent & the Govern'""*' Ooraission from 
his R f P read & the Election of a Speaker &, Clark reco- 
mended to them after the Governor had spoken to them 
upon severall heads tending to tlieii' Generall good and 
welfare. [To the folloM'ing etfect, as given in " Grants 
and Concessions," p. 6S(>, as certified to 1)y Mathias 
JS^icolls, Secretary : ] 

—[lie I ac(piainted them, that they are met for the King 
and Conntry Service, and in order to it he hath brought 
the Kings Letters Patents, under the Great Seal of Kixj- 
IoikL to his Royal Highness and his Commission, that this 
Part of the Counti-y, may by them their Representatives 
see the Authority, and his Majesty's and his Royal High- 
ness care of them in every ji-espect, as of the other Parts of 
the Colony ; pursuant t<> \vhich and Law he hath en- 
deavoured not to be wantinir in his Dutv for the wellfare 



308 NEAV JERSEY COLONIAL DOCrMENTS. [1680 

of all, though b}' some mistakes and neglects, they have 
not been so unanimous and united as thej ought and now 
are by the said Great Seal, which is their grand Charter 
Rule and Joint Safetj^ ; and Things being now come so 
well to their right Channel, he doth again by virtue of the 
above Authority C(»ntirm the remitting all past Actors 
assuming Authority, and offer to their Consideration how 
necessary it is an Act be made to confirm all past Judicial 
Proceedings, and for the Times and Places of keeping their 
future Courts and Sessions 

And it being of general Import, as by Patent, to have 
peculiar known Laws and Method of Proceedings, he liath 
also brought for their perusal, and offered them the Law 
Books composed and past into a Law by the Assembly at 
Ilainstead, arid since confirmed and in force in all other 
Parts of the Government, in which if any small matter be 
wanting, Liberty to make local prudential Laws, and for 
greater Matters, not expressed, the General Court of 
Assize to judge, not repugnant to the Laws of Erujhind : 
And he is ready to hear them and to do his Part further 
for the good and Welfare of all his Majesty's Subjects, 
pursuant to his Majesty's said Letters Patents and Author- 
ity under his Royal Highness, respecting the Jurisdiction, 
without entrenching upon any Mans Just Rights, Proper- 
ties, Freeholds, Possession or Liberty of Conscience, or 
Distinction of any Place or Person comporting themselves 
as they ought. — . . 

In the Evening a paper was brought from the Assem- 
bly 1 setting forth their expectaccons as in the s'' papers. 
N° 1 is sett forth. 

June 3'"'^ The two Deputyes from Bergheu coming in 

1 It is evident, from the coufuaed manner in which the minutes were kept, that 
the same individual acted for both bodies, and intermingled their proceedings very 
singularly. In another place the paper referred to in the text is mentioned as hav- 
ing been presented on the 3d. From the phraseology used in some of the papers, it 
is supposed that they wei'e written by the Govei'nor's Secretary, and are to be con- 
sidered more as a journal of events, compiled for his infoiTOiitiou, than the ofHcial 
minutes of either the (Council or Assembly. En. 



lf)80] I'ROf'EKDINCiS OF ASSEMBLY AND (COUNCIL. 309 

ve nioniiiii;' ami inakiiii;' cxcu.se for ikiI a|)|)cMring yeBterday 
were sworne. 

In tlie moniiiiii;- tliey rctunicd Mr. .loim 15oiiiie for their 
speaker & M'' Isaac WhiteliejKl to I)(! (Jlarke 

AtaConncell in Kli/: T..iim.' June 4^M(;s;0 |inot at M"- 
WliitelieacrsJ ' 

The pa]), o-iveii in yc-tcivhty in the Kveiiin^^ to tlie <Jov: 
from the I)ei).s: taken into Consideracion Resolved : That 
what is insisted upon by theui, not thought proper for the 
(io: to take notice of, at this time, the Jurisdiction being 
onely asserted witlujut intrcncliing on any man's just i-iglits 
cl' property &c. 

That there is sufHeient Care taken in tlie Kings L'res 
Patents for the security and the well government of his 
subjects, And that an Assembly or Assemblies bee called 
as shall bee necessy 

That as all acts made on the K'" plantacions are tempo- 
rary so not thought proper or in the Gor's power to 
reenact here the K's L'res patent being [our] onely grand 
charter tfc best security. 

r])on the rcceit of a [)ap last night 

[Resolved That the i)aper is thought to V)ee improper 
and that the Assembly be sent for 6^ minded of what the 
Go: & Councill spake to them at their first meeting as meet 
materiall expecting a suiteable answer.) 

The I)ep' appearing at M"" AVhiteheads, the Clarke being 
.sent for, the Gov: discoursed w"' them upon their j)ai)er 
& other Publick Affaires. [To the w'"] M'' Bonne, the 
Speaker made answer on behalfe of the rest, Sc held an 
argument of neare 2 houres, pleading their rights <S: 
priviledges of Dep"* t^'c but [at length seemed to bee Con- 
vinced] almost by ye Gov: of having them 

settled by an Act as they desired, though left with hopes 
of having an Assembly upon occasions. 



1 The words in brackets in this document are inserted from another paper, the 
differences in verbiage being remarkable. 



I'UO NEW .TERSEY COT-ONiAL DOCUMEN'l'S. [1('>80 

The Gov: leaving tliem in the Evening after their sit- 
ting, they sent | two of their] messenger[s] with a i)aper to 
bee pnt Into an act for a Confirniaeion of their past acts in 
[November] last, withont inencioning of them. I was 
ordered to aske for a Copy or a sight of the laws which the 
Clarke promised to accjnaint the Speaker with. 

Jnne 5 16S() 
The Conncell meeting the Go: and takeing into Con- 
sideracion the dil:it(»rv iSc tedious proceedings of the 
Assembly : 

Resolved That the Go: & Conncill repaire back to X. Y. 
& retnrne hither from thence on Thnrsday next in order to 
meete hei-e Fryday in Conncill A: that the Assend)ly bee 
spoken to in the meantime to pre]>are what pnblick matters 
they have to prepare & communicate to the Go: 

That as to the Lawes of their Assembly they bee 
acqnainted that a copie of them is desired to take it to bee 
transcribed at N. Y. if they can spare them ; if not to 
bee taken here afterwards. 

9 The Go: retnrned to the Assemldy. 

A paper bronght from the Assend)ly desiring a Comittee 
as to ye Paper N" 3. 

10 Another paper abont a new Depnty in the ])lace of 
M"" Douglas as in ye paper N" 4, 

[11. Fpon an addresse from the Assembly of the !>th at 
night for a Conference upon the Governmt proposals 
Resolved They being plaine & no answer nor difference or 
occasion knoune requires no conference, but however some 
of the Conncill to bee ready tomorrow the 11"* Inst at 2 
oclock in the afternoone to heare any answer or discourse 
from the Assembly, if desired by them.] 

11 Of the Conncill there was the Seer M'' Donell, M'' 
Cortlandt, of the Assembly, the speaker, M"" Johnson, M*" 
Ward, & some others. The Depntyes otfered to enter into 
discourse of severall particulai's but the Conncill referr'd 



ICSO] PKOCEEWNGS OF Af^SEMBLT ASD OOrjfCIL. Sll 

tbein to make arit^wer to what they had given them in 
charge from the Go: A: that they were ready to heare what 
they had to propose which they should give an aect of to 
tlie Go: hut they insisted on they had given in already, so 
Itroke off. 

In the evening anr^tlier paper sent by the Assembly as 
tlieir answer «fcc 

12 The answer from the Assembly read in Conncill 
Kesolved That nothing offered by the Assembly is for the 
K or Country's ser-^-iee, but the contrary particularly 
reflecting upon his Maj"?* L'res patents A: the Authority 
thereof 

Ad\ised cV: Resolved. Tliat the Assembly l>ee dissolved. 



Papers RefeiTed t<» in the Foregoing Proceedings. 

[Fi-om X. T. CoL MSS., in Seeiietary of State's office, Albany, Vol. XXIX.. p. 115,] 

[Xo. 1.] 
l^'.SO ^ew Jersey Assembly to the Go: 

June 2°^ Wee the Deputies of the Freeholders of this 
Province of Sew Jersey doe expect that all priviledges 
belonging to Inhabitants «i: Freeholders of the s"^ Province 
granted to them by Tertue of the Concessions made by the 
Ld John Berkeley 6c S'^ George Carterett bee to all Intents 
*t Purposes alhjwed 6: confirmed A: maintained to the 
aforesaid Inhabit''-'' 6: Freeholders without any Infringe- 
in': one particular principal whereof is as of right belong- 
in«- to everj^ free borne Englishman, that there bee a 
General! Assembly called once a yeare <fe to mete the 2""^ 
Tuesdav in Ocf^ according to our usuall custom for the 
making of all such peculiar kwes as shall bee necessary for 

the good of the Province 

Isaac WHrrEHEAD 

Clerk to Deputy. 

[No. 2.] 
June V-^ Bee it enacted by thes Geneall Assembly & 
the authoritv thereof that all former laws A: acts of Assem- 



312 NEW .TERSKY COLONIAL DOOUMENTS. [1680 

bly, tliat was made & Confirmed by the Gen' Assembly 
setting at Eliz-Toune in the province of New Jersey in 
[November] last bee confirmed for this pres* yeare 

Isaac Whitehead 

Clerk of Deputies. 

[To this is appended, as printed in " Grants and Con- 
cessions, p. 683, the following additional matter :] 

— With this Act we did also deliver in a Copy of onr Laws. 

Our Proposals is, that we may have all those Privileges 
confirmed to us, as they are granted to every Feeeholder in 
this Province in our Concessions. 

Ite^n. The Confirmation of our own Laws, as we have 
already presented with our Law-P)Ook to Sir Edwvnd 
Aiidros.s, and his Council. 

These two Proposals should have been annexed to the 
Answer to what Sir Kdnnind Andros-'^ delivered in his 
Paper, signed by Secretary JV'icolls, and was the last Paper 
that was delivered to Sir Edtniind by the Deputies — 



[No. 3.] 
HoN^P S'' 

June 9*'' That which the Deputies desired a Committee 
from y'' hon'"'' selfe & Councill was & is to Conferre abont 
y hon'** pi'oposals presented to us. 

Isaac Whitehead 

Clerk to Deputy s 



[No. 4.] 
IC^'' ITon'^" S" : The Dep: finding occasion to ])urge 
themselves of such a member as cannot be allowed of by 
law, namely, William Douglas, the afore***^ member upon 
examination ouning himself to be a Roman Catholick, wee 
have proceeded so to doe, 6z further desire y"" honor to 
issue out y"" warrant to the Tonne of Berghen for a new 
choice for one to supply liis place so make up our number 
<isc full coreiL Isaac Whitehead 

Gierke to Deputies. 



1C80] PROCEEDINGS AGAINST TAYLOR AND CURTIS. Sll 



Froreedhigs Af/ahiM William Taijlor and John C>u-tis. 

[From N. Y. Col. MSS., in Secretary of State's office. Vol. XXIX., pp. Ill, 11-2.] 

Elizal)eth Tonne June 8 1680 
I nndorwritten, l)eing- at Jonas Wood y'' ordinary Keeper 
tliere did I heare Win Tailor eonionly called Doctor Tailor 
ntter many railing invective speeches against S'" Edmnnd 
Andross & liis Government saying y* S'' Edmund Andross 
was a rogne & a traitor & had dealt treacheronsly in tak- 
ing away theire Governonr, meaning Captain Phillip Car- 
terett & y^ he wonld say it to his face then repeating y*^ 
words he had s"^ afores'^, together with many other oppro- 
brious Language, at wliicli discourse Mr Justice Ward bid 
him hold his tongue, yett still he did persist, saying y* S"" 
Edmond had none butt a Company of Eogues and Traitors 
about him in his Councill, & yt he would not be governed 
by such. This being the very words though often repeated. 
As witnesseth my hand R Mann 

Whereas information is given that one William Taylour, 
a transient person having no certaine place of abode, coin- 
only called " Doc"" " or " Survey"" '' & John Curtis, late of 
Hempstead on Long Island, labourer, have maliciously 
uttered very opprobrious words both of the Go: c% Gover- 
ment, tending to the Breach & Disturbance of his Maj*"'" 
peace in these pt. These are in his Maj"''' name to require 
you to seeze upon the p'sons of the s*^ . . . . Taylour 
& John Curtis & them safely to keepe untill they can be 
conveyed over to X. Y. there to bee delivered into ye 
custody of the Sheriffe of the City & remain in Prison 
untill further order or that they shall bee discharged by due 
course of law. Dated in Eli/. Toune in X. Jersey this 9'" 
da}' of June 1680 

&: bring them before mee in this place or someother 
Justice of the Peace of this Goverm' to be examined touch- 



'^1-t NEW JERSEY COLONIAL TiOCFMENTS. [1680 

iiig the truth of the matter layd to their Charge for the 
doeing whereof tliis sliall be y"" warrant. Dated in Eliz. 
Tonne in New Jersey this 9*^ day of .Tnne 1H80 

To the Const of Elizabeth Tonne 

Endorsed. A war't to the Constalde of Xewarke to sieze 
n])on & secure ye W'" P Taylor if to bee found witiiin 
their precinct. Jnne 10 1680 

A war't to the Constable of Elizabeth Tonne to sieze 
n|)on W" Tyler & John Curtis for use abusive language 
against Go: it Cov^ Jnne 9*^ 16S0. 

John Cnrtis , . . , coniitted into the Const, hands 
till fnrther order. 



Fi'oni (Tovenior Cartrret to ihc J^ropi'/eior^ 

fFroni " Grants ami CoiuH'sMioiis," p. 677.1 

Letter fi-oiii (xovenior Carteret to the Proprietor 
narrating tlie proceedings of (lovernor Andros. 

Right Honourable Sir 

Since my last of the 8th Aj)?'!/, 1680, the Copies where- 
of I herewith send yon, Sir Edmund Andi'osfi came hither 
on Wednesdaij the Tth Instant accompanied with several 
of his Officers, Coiincellors and Merchants, to demand tlie 
Government of this yonr Houoj'v's Province, sup]>osing to 
have gained it either by Threats or Flattery ; and having 
Notice of it before hand I had gotten together a Matter of 
150 Men in Arms to receive him, doubting he would have 
brought some offensive Forces along with him but did not, 
and having leave with his Train to come a Shore, he came 
up to my Plouse, where after the Civilities past, he began 
to show bj what Authority he had to lay Claim to the 

1 The name is uot given iu the printed copy, and it is presumed the letter waa 
written to Sir Georjre Carteret, grandson and heir of the original proprietor who had 
died January 13th, 1680. Ed. 



l(;s()| (•.vrtkkf;i'''s account of andros' vrsrr. 8ir> 

Govermueiit ; and tirt^t beu-an piiltlicldy to read his Majes- 
ty's Letters Patents, under the Great Seal, directed to 
himself for the receiving of the whole Country from the 
Dutch, which signified little to the Purpose ; than [then ^| 
he hronght out his Majesty's Grant to his Koyal Highness 
with the broad Seal to it, which myself and Council had 
sufficiently examined before, Avliich was likewise read pub- 
lickly, as also his Commission from his Koyal Highness, 
that being done we drew into the House and came to the 
Table, where we laid open those Writings we had in your 
Honours behalf from his Majesty and his Koyal Highness, 
and had several Arguments upon them, when coming to a 
Conclusion, we maintained and made it appear that by the 
same Authority he demanded the Government, by the very 
same your Honour doth hold yours of this Part of the 
Province, as being the Dukes Assignee ; upon which his 
last Answer was, that he had showed what Authority he 
had and according to his Duty did require it in behalf of 
his Master, and if we WAuld not obey him, let it rest at our 
Perils, for that we answered him we had sent away our 
appeal to his Majesty, and should be ready to submit to 
what his Majesty should deterniine, and then we went to 
Dinner, that done we accompanied him to his Sloop and so 
parted. 

Xow your Honour may be pleased to take N"otice, that 
we do not conclude that this Business will End, but will 
depend upon your Honour's diligence to have a final Issue 
of all differences according to that which myself and Coun- 
cil have advised your Honour, and to be sent us with all 
the speed that may be ; no more at present but remain 
your Honours most faithful and humble Servant. 



Mk. (V)ustkip:r, 

Sir, Since the Writing al)Ove, I cannot omit inform- 
ing you of Sir Edmund AjuI/'oss, his Actions and Proceed- 
in os to the Government of the Province of New- Jersey^ 



316 NEW JERSEY COLONIAL DOCUMENTS. [1680 

where after many Debates and Disputes, we concluded to 
decide it ratlier by Arguments than Arms, but tlie Rancor 
and Malice of his Heart was such, that on the 30th day of 
Ajn'll last, lie sent a Party of Soldiers to fetch me away 
Dead or alive, so that in the Dead Time of the Kight broke 
open my Doors and most barbarously and inhumanly and 
violently hailed me out of my Bed, that I have not Words 
enough sufficiently to express the Cruelty of it ; and Indeed 
I am so disabled by the Bruises and Hurts I then received, 
that I fear I shall hardly be a perfect Man again Capt. 
Bollen, will inform you more ample to whom I refer you, 
and desire you to be assistant to him in whatsoever you 
may, and you will infinitely oblige him that is Sir, 

your humble Servant. 



Governor Carteret to Cajptci'm Bollen. 

[Prom " Grants and Concessions,'' p. 6h:J.] 

Elizaheth-Toiim, JSfeiv- Jersey, July %th, 1680. 
Captain Bollen, 

aS'?>, Yours from Farefield, dated the 18th May, which 
Avas directed to George Jewel, it was a Month before it 
came to my Hands ; and your other two Letters by John 
Willsoii's Wife of the Stlji June, and 21st, being three 
Weeks after, before I received them, which was In^ reason 
of the long Passage of the Vessel. I could gladly have 
wished that I could have written to you when you wei-e in 
New-England, but could not with safety in the Time of my 
Imprisonment, which was live Weeks before they brought 
me to my Tryal, and this being the first Opportunity, with 
Convenience, that I have had since your Departure, which 
goeth by Mr. Georeje IJeatheott, for England, giving you 
an Account of Sir Edmund A7idro8S, Proceedings. When 
I came to my Tryal my Intentions at first was not to have 
entered a Plea, and to have protested against the Jurisdic- 
tion of the Court ; but finding the Court to be over ruled 



1680] Carteret's account of hts trial. 317 

by him, was forced to enter a Plea, and pleaded not gnilty 
of what he ailed t;jcd against me in my Presentment ; and 
also was ready to make ont and justify my Actings as 
Governor of JVew-Je/'^e//, to be legal and by Virtue of 
I'ower derived from the King ; to whick pur})ose recom- 
mended to the view of the Court, my Commission with 
other Instructions to manifest the same, which was deliv- 
ered with a Charge to the Jury, who after a perusal of the 
same by the Jnry, was to make a retnrn of their Verdict 
concerning it, with their Verdict in Matter of Fact, which 
was thus brought in by the Jury: The Pi-isoner at the 
Bar not Guilty — Upon which he asked them Questions and - 
demanded their Reasons — which I pleaded was contrary to 
Law for a Jury to give Eeasons after their Verdict given 
in ; nevertheless he sent them twice or thrice out, giving 
them new Charges, which I pleaded as at first to be con- 
trary to Law, notwithstanding the last Verdict of the Jury 
being according to the first brought in by them^ the Prh- 
oiitr at the Bar not Gn'iltij^ upon which I was acquitted 
accordingly, as you will [see] by a Copy of my Tryal which 
I here inclosed do send you, with the rest of Sir Edinxnd 
Andross Proceedings against me — If you cannot find the 
Book amongst Sir George Carteret, where all the Proceed- 
ings of New-JerHey are Coi)ied in, as Deeds Transports or 
the like from his Royal Highness to Sir George Carteret, 
you will find the said Book in the Hands of Mr. Holder, 
the Dukes Auditor : Also to be mindful as there hath been 
a new Dividend or Alteration of the worst [west ?] Part of 
the Province where the Quakers do live from this, to take 
this opportunity for to have it renewed, that we may knoAv 
the certain Bounds and Distinction of both ; and do like- 
wise advise you to address yourself to the Commissioners of 
the Custom-House, to whom I have also sent Copies of Sir 
Ediiiiund Andros;i< Transactions, and also desire their 
Assistance to my Lady Carteret in this Business ; and like- 
wise to make acc[uainted of the same both Sir Edward 
Carterefs, Doctor Darrall, Mr. De 3Ia/-e.sque, Capt. Me 



318 NEW .7EKSEV COlA»NIAL DOCUMENTS. [1680 

servir, and the rest of my Friends and Acquaintanee tliere, 
to be Assistants for our relief in this Case ; and if possible 
they can to endeavour their utmost means for the obtain- 
ing our I*owers again, and all Things to be confirmed and 
run in their former Channel with us as they did before. 
I have written to my Lady Caiirrrt, about Amhoij^ and 
some other concerns of my oavu, for which I would pray 
you to use your utmost endeavours to have a grant of my 
request therein, and what lies hi my Power shall uot be 
wanting for the Supply of your Children, and mindfull- 
ness of your Concerns here. By this opportunity of Mi'. 
Ileathcott, Capt. Dyre is intended for Kngland, by which 
I thought good to advise you, to be observant in his 
Motions, that he doth not Sware and Romance against us, 
as he did tlie Time before, and by all opportunities that 1 
may hear from you, and to be veiy diligent of our con- 
cerns in England, leaving no Stone unturned tliat may be 
for our good, and as often as need doth require, shall not 
be wanting in doing my Part in Writing to you l)y all 
Opportunities that doth present, the like I expect from 
you and so i-emain 

Your as><it red lor'uKj Friend, P. C. 



Ohjrcftonx of f/ic Frei'lioldcru and In/iahifanfs: at Wood- 
bridge to Malx'ing (lioirc of Ja.sficis In An-ordance 
nyfh the TnKf ructions of (r(n'ernor Androx. 

IFioiii X. v. Col. .MSS., ill Secretary of Stiite's office, Albany, Vol. WIX'., \k 15;}.) 

An order being presented at a Publick Toune meeting 
at Woodbridge July 14 1680 to the Ffreeholders A: Inhab- 
itants there from S"" Edmond Andrews K'' Governourr 
Gencrall <kc requii-ing them to make choice A: returne the 
names of three lltt persons for keeping monthly courts, cV: 
determining matters not exceeding forty shillings, beareing 
date 25^" day of June in the 32"" yeare of his Maj^"'^ Raigne 
1680 



ir.Sd] APl'HOVAL OF riSCATAWAY AI'I'OIXTMENTS. 319 

Wee the trrt'rli(il(U'rs iV Inlial»it;nits liaxiiit;; ol)tained a 
Grauiit or Cliartor from (Tovcnioiir Pliili]) Carteret ife 
Council bearinu- date j'' first day of .Iiine 1<')01», contaiiiinir 
severail privileges, whereof one is, to Erect or Ordayne a 
Coui-t of Judicature within their oune Jurisdiction, for the 
Triall of all ('auses xlctionab'*" vfcc & power to choose their 
oune Magistrates to joine with the President or Judge of 
the s'' Court Arc doe hope his Hono'' will not infringe any 
of these our Priviledges therein graunted, but will ('on 
tinue us in the same, therefore at present see no reason to 
make choice of any men for the end in the sd order ex- 
[)ressed. 

J^y order of the Ffreeholders A: Inhabitants present. 

Sam^ Mooke Toune Clerke. 



Appi'oi'al (if Phcatinrdij Appo'inimciiiii. 

[From X. Y. Col. MSS., in Secretary of State's office, Albany, Vol. XXIX'., p. 153.] 

By the Govcrnour 

Upon the Returnes from the Tonnes of Pisscatacjua in 
New Jersey of Capt Henry Greenland, M"" John Gillman 
and M"" Edward Slaughter to bee Overseers ^ or . . . . 
for their Toune Courts, I doe Approve of their choice 
and together with any of y*^ Justices of ye Peace to keepe 
the Tonne Courts and to lieare and determine all matters 
not Exceeding Five pounds according to Law. 

Given under my hand in I^ew Yorke this 25"' day of 
July 1080. 

ProceedliKj'S of CounciL 

(From N. Y- Col. WSS., in Secretary ol' State's office. Vol. XXIX., pp. 1(50, 179.1 

At a Councill in Xew Yorke July 21 lfi8<> 
New Jersey Buisness upon Ileturnes from Eliz: Toune 
i^ Newarke for Clarke of the Cor^ of Sessions, John War- 
ren & Jos ... J ohn Warren to bee Clarke 

1 The same were retunied 'Members for ye Cort of Small causes," Augu.st 4th. 
1680. Eu. 



320 NEW JERSEY COLONIAL DOCUMENTS. [1680 

The retnrne from Eliz: Tonne tfe Newarke : for Eliz: 
Tonne— M"" Isaac A Whiteliead Sen"", M"" Hen: Lyens M"" 
George Kowe. 

For Newarke : M"" Jolni Ward, M^" Thomas Johnson 
Capt Samnell S^^aine 

Approved to bee Overseers (or officers i) & together 
with the Justices of y*^ Tonne &c heare & determine all 
matters not exceeding 5 £ according to Law. 

M"" Thomas Johnson to be Jnstice at Newarke as desired. 
■A particular Comision for one year or fnrther Orders. 

N. y. At a Conncill ttc July -So 16S(i. 

Upon the retnrne from Berghen, npon being informed 
that none of did meete. 

Resolved That Cornelius VanderBurgh, & Gerrit Ger- 
ritye bee allowed, Hdyrck Clark Braedy cV: Elyas Michaelye 
bee not allowed & . . . Tonne meeting to bee held 
Monday next at Berghen for the naming of two others as 
also of a New Constable in the place of Capt Hans 
Diderick his time of Constable being long since expired 

Woodbridge. Sam: Dennis- to be Clarke being one of 
the two returned & a Comission for a New Jnstice there & 
a returne of the inferior officers forthwith bee made. 

Capt Hy Greenland a Comission to bee Justice at Pis- 
cattaway.^ 

A peticion from W" Meaker of New Jersey & State of 
his Case for Release 

To have his remedy at law according to his peticion. 

Pi'omedings Against John (^urtis. 

[From N. Y. Col. MSS., in Secretary of State's office, Albany, Vol. XXIX., p. 18.3.] 

For having uttered scandalous and seditious words and 
Expressions agst the Go: & Govm"^. 

Whereas, John Curtis lately a Prisoner at New Yorke 

1 On August 4th, 1680, chosen also, with John Gilman and Edward Slater, to form 
the Court of Small Causes. En. • 



1680] WILT-IAM MEEKER VS. WIT, [, I AM T'ARDOX. 335 

to Yon .... to take a Copie of y® Declaration 
against M' Pardon and y'' names of y^ ''i^i'V ^nd of y*^ fore- 
man of y*' Jury Alsoe (loodman Meeker upon y*" 14^'' of 
this Instant meeting M"" Pardon against y** Smiths shop of 
Cap*" Carteretts wlierin was Robert Stevens and Joseph 
Whitehead who lieard (loodman Meeker Demand of M*" 
Pardon a Repossession of his Estate according to ye Judg- 
ment of y*' Court M'' Pardon would not make answer to 
him presently upon which Goodman Meeker said to M*" 
Pardon 1 must have an answer from you one way or other 
M'" Pardon then re})lyed to goodman Meeker I Dont know 
whether I shall or noe goe about vour bussiness : not more 
at present your most Humble Servant 

Isaac Whitehead 
Elizabeth Towne September 14"' 1680) 

if it please you y*^ Constable Came to me after I had 
write this letter before I had sealled it and Said he had 
been with M"" Pardon to demand y® Court Charges and he 
answered him that he would not have time to give him the 
heareing y** Constable sayth he hath been with him three 
times but can have no satisfieing answer. 



Petition of William Pardon to Governo]- Andros. 

To His Exellency S'" Edml:nd Andkoss Knight Sen"" of 
S' Maria Gent and Go^"" Gen'" And vice Admirall 
Under his Royall Highness James Duke of York — 
And of all His Territo'"^'' in Amerika and His Councill 
at ffort James. 
The Humble Petitions & Adress of William Pardon of 
Elizabeth towne in New Jersey Humbly Showeth. 

That there liaveing been An Action of Trespass & . 
Comenced by W™ Meaker pi" against yo"" Petition*" W*" 
Pardon Deft in the Countey Court held at Elizabeth town 
the Eight Day of this instant ; which Action being called 
yo'' petition'" Craved of the Said Court that he might have 
respitt untill the next Court to bring in his plea, for that hee 



336 NEW JERSEY COLONIAL DOCUMENTS. [1680 

was not prepared, his Wittnesses tt other matters Escen- 
tiall to the Case could not be broni^jht in at see short warn- 
ing, in order to a full and faire heering (though yo*" peti- 
tion"" in Respect to the Court did appeare w"^- hee might 
Lawfully have forborne) with intent to have been better 
prepared But the Court haveing not full information over 
Ruled the matter to a proceeding, (though he had reason 
to Exept against most of the Jury and severall of the 
Court) it was brought to Judgem'', M'hich yo'' Petition'" 
humbly Conceaveth to be a Surprize and contrary to Law. 

May it please Yo'' Exeleucy to Give Order for Suspend- 
ing Execution of the said Judgement by Granting yo'' peti- 
tioner to have the priviledge of a Reveiu and that in . . 
Convenient tyme the Case by persons unconcerned may be 
brought to a full heering otherwayes yo'" Petition'" niay 
have his Estate drawn from him ife squandered <fe abused 
as formerly and hee brought by another process to prose- 
cute his wrongs uppon such as may not be able to make 
sattisfaction and soe prosecute poverty to his Ruein 

And Yo*" Petition'" as in Duty bound Shall pray &c. 

SeptT 14^1' 1680. 

Letter of William Pardon to Captain Nicolls. 

Cap^ Nicolls 

Sir after Due Respects these are to informe you that I 
am informed AV" Meaker is very busie Yo'"ke w**" S'" 
Edmond or other olficer for Execution of the Judgem*^ at 
Court against mee w"' ])retence that I am makeing away 
my Estate to Defraude w*" is very untrue, I beleive the 
designe is to cast me off from the liberty w*' the Law 
allowes in 14 dayes after Judgement w'' I am now about 
and which in two dayes or there-about have prepared my 
matter to Come to New Yorke about it humbly Craveing 
that Execution may not Come forth too hasty wh I begg 
you to imparte to S"" Edmond in haste Remaine 

Yo' humble Serv', William Pardon. 

Elizabethtowne in New Jersey Sepf" 15"' 1680. 



1680] WARRANT TO ARREST MuORE AND DENNIS. 321 

haviiii;- I»y the Slicrifio been left out iijxni I'.uvlo to returne 
a^-aiii to prison in some short time or whensoever hee 
should hee sent for or have notice thereof, tlie which hee 
hath nei;"lecte(l or refused to doe, but .... lurking; 
up ife doune to keepe himselfe from Justice. These are in 
his Maj'"'" name to recpiire you to make diligent search & 
Enquiry after the s'' Curtis & if hee shall bee found within 
s'* Towne tt precinct that you forthwith . . & secure 
liim A: safely convey him into ye hands of ye Sheriffe of 
^<ew Yorke, where Care shall be taken all charg-es unto 
you arrising on this acct hereto you are not to fayle, other 
mattei's to ye contrary at your own peril. Given under 
our hand & seal in Woodbridge this 1"' day of Aug. 16bU. 
To the Cor* at AVoodl)ridge. 

Another left at Eliz: Toune for y^' Constable. 



^^ arrant for thr A/'rest of Samuil 3£oorv and Sanmel 

Dennis: 

[From N. Y. Col. MSS., iu Secretary of State's office, Albany, Vol. XXIX., p. 184. J 

Whereas, Samuell Mooi'e of this place having been by 
us ordered c*c Comauded to give his attendance on the Go: 
at N. Y. to answer his signing to a paper in the name of 
the Toune whereon they positively refuse to obey S"" Ed- 
mund Andros, (the Governor) order by choosing othcers 
for their Toune Co"'' & Samuell Dennis having likewise 
contemptuously refused the Go** choice of him to bee 
Clarke to the Countv Co'"'^ or Sessions, hee beino- one of 
those returned l)y the Justices for that Place, Hee the sd 
Moore, after having denyed to goe if he could hel2)e, slip- 
ping out of the way whilst a warr* was preparing for him 
after having refused liis Comisions ife also suspected to 
have a hand in promoting the Tonne's Result afores''', it 
being drawne up with his oune hand writing as was sup- 
posed, ifc having fayled to come to us this day as hee 



822 NEW JERSEY COLONIAL DOCUMENTS. [1680 

promised. These are in his Maf'*"" Name to require you to 
apprehend the bodys of tlie s'' Sam: Moore & Samuell 
Dennis as soon as they shall or can bee found within ye 
toune & precinct & that ye comaiid some of his Ma"^* 
good subjects of the j^laee or neighbourhood to assist you 
therein, if wanted, as also in conveying them or either of 
them if you cannot meete M'ith both to ye city of New 
Yorke to bee delivered into the Sheriffe's hands, where 
Care will bee taken to satisfy all necessary charge on this 
acct. Hereof you are not to fayle at your utmost perill. 
Given under our hand and seal at Woodbridge the 4*^ day 
of August 1680. 

To the Const at Woodbridge. 



ProGeedin(js of iJoum-d. 

I From N. Y. Col. MSS., in Secietavy of State's ottice, Albany. Vol. XXIX. p. 167. | 

At a Councell &c Aug 13^'' 1680. Present the Go: k, 
Councill. All six of y'' Councill. 

Mr. Sam: Moore a Prison^' & in the Ffort. His meane 
Condicion many children etc taken into consideracion. 
Hee is ordered to bee released k, goe home about his buis- 
nesse. His absenting himselfe & his greatest Fault, hee 
engaging to behave himselfe as hee ought k, acknowledg- 
ing his Error'' & mistake. 

Dr W"' Taylor committed for abusive language agst Go: 
& Goverra' : brought out of prison ])y y^ Sherilfe. It was 
in N. Jersey, when ye Go: was there. Spoke before sev- 
eral! members of y" Assembly. 

To bee dismist, hee endeavouring to give security for his 
future good behaviour. 

Hee craving pardon for w'" past k engaging a reforma- 
cion ko^ 



1680] OPINION OF byllynCte's claim. 328 



Mcmor<in<hi'in (ik f<> Mr. Bylltjutjt'x Clahn. 

[From " Xew York Colonial Documents," Vol. III., p. 284.] 

August v^ t)"' (80) 
Memorani)'" M'' Billing for hiniselfe and others hav- 
ing long insisted on their Right derived from j^ Dukes 
graunt to Lord Berkley and S' George Carteret (as Pro- 
prietors of West ^'ew Jersey in America) to be exempt 
from paying any Customes or other dutj-^es, or being any 
ways und"" y'' jurisdicc'on of New Yorke, but alleadgino- 
y^ said West ISTew Jersey to be wholly independant there- 
from ; after many heareings by the appointem* of his E" 
High^^ who was pleased to referr y" whole matter to y® 
decision of Sir William Jones &^ At the last Sir William 
Jones gave his opinion und"" his OM-ne hand as followeth : — 

Sir William Junes' opinion about West Jersey 

28 July 1680. 
I doe here1)y humbly certify that having heard w^ hath 
beene insisted upon for his Roy" llighnesse to make good 
y^ legallity of y® demand of Five pV'ent from y*^ inhabitants 
of New Jersey : I am not satisfyed (by any thing that I 
have yet heard) that y*' Duke can legally demand that or 
any other duty from y^ inhabitants of those lands. And 
y' w'^'' makes y*' case the stronger against his R" IP" is, that 
these inhabitants clayme und"" a graunt from his Roy" 
llighnesse to y*' Lord Berkley and Sir George Carteret in 
w'=*' graunt there is noe reservac'on of any proffitt or soe 
much as of Jurisdicc'on W. Jones 

Jn com])lyance to w^'*' opinion His Roy" llighnesse y^ 
day 6 aug**' (so) at Windsor did co'mand Sir John Werden 
to bring him a Deed of Contirmac'on (or Release) tendered 
by M' Billing, the more firmely to convey the said West 
New Jersey to him and y* rest of the Propreitors, and 



324 NEW JERSEY COLONIAL DOCUMENTS. [1680 

plaiiielj to extiiiguiisli y" Demand of any Custoniesor otlier 
dutjes from y"' (save y" rent reserved as at y*" iirst) And 
his K" IP' tliongh his Conncell at Law (Sir John Chnrchill 
and Sir George Jeffreys being both absent) had neither 
drawne nor signed it, was pleased to execute y*' same 
accordingly ; by reason y^ M'' Billing nrged y*" necessity of 
it now, to have y" benehtt of the ships present voyadge, 
some being now ready to sayle into these parts of West 
New Jersey above menc'oned 



Grant fi'oui th<< Du'ke of Yorl: to William Ptitn, Gawen 
Lawne^ Nicholas Lucas, John Eldndije and Ednumd 
Warner for West JVew Jersey, in Trust for Edward 
Byllijnge, to Whom the Government is Conveyed.^ 

[From Original in tlie New Jersey Hirtorical Society Library.] 

%\X\$ gnrtCtttmt made the Sixth day of Angnst Anno 
Dn' 1680. And in the Two and Twentyeth yeare of the 
Keign of King C-hakles the Second over England <k(i 
Betweene his Royall Highness James Duke of Yorke 
and Albany Earle of Ulster tfec And Brother to our So^'e- 
raign Lord the King of the one part Edward Byllinge of 
Westminster in the County of Midd'x Gentl: William 
Penn late of Eickmans^\'t)rth in the County of Hertford 
and now of Warminghurst in the County of Sussex Esq^ 
Gawen Lawry of London Merchant Nicholas Lucas of 
Hertford in the said County of Hertford Maulster John 
Eldridge of S* Pauls Shadw^ell in the County of Midd'x 
Tanner and Edmond Warner Citizen of London of the 

1 Several of the origiual grants and conveyances connected with the transfer of 
West Jersey are not known to exist. As they were superseded by later documents, 
it is presumed their preservation was deemed unnecessary. Two of these are : 
Ist. Deed from Lord John Berkeley, for his interest in New Jersiey, to John Feu- 
wicke. in trust for Edward Byllynge and his assigns, March 18th, 1673-4 : 2d. Deed 
from Edward Byllynge to William Penn, Gawen Lawrie and Nicholas Lucas, in trust 
for the benefit of his creditors— Lawrie and Lucas being two of them— February 14th, 
1674-5. The quintipartite deed of July 1st, 1676, and the grant here inserted rendered 
these and others nugatory. Ed. 



ir)8(»] CiRAXT TO WM. PENN AND ASSOCIATES. 325 

otliei- part Whereas our Soveraign Lord the Kings Ma''" 
ill and by his Letters Patent under tlie Great Scale of 
England bearing date the Twelfth day of March in the 
Sixteenth yeare of his said nia"''" Iveign ^iH (amongst sev- 
erall other things therein niene'oned) give and grant unto 
his said Koyall Highne^fi tlie said James Duke of Yoi-ke 
his heires and assignes ^U that Traet of Land Adjacent to 
New Enoland in the parts of Amkkkw and lying and 
being to the westward of Long Island and Manhattas 
Island and bounded on the East part by the Maine Sea and 
part by Hudson's River and hath upon the west Dellaware 
Ba)' or River and extendeth Southward to the Maine 
Ocean as farr as Cape May at tlie Mouth of Dellawai-e 
Bay and to the Northward as farr as the Northerrnost 
branch of the said I>ay or River of Dellaware which is in 
one and ft'orty Degrees and ft"oi-ty Minutes of Lattitude and 
Crossing over thence in A. Streight Lyne to Hudsons 
River in one and ftorty Degrees of Lattitude Which said 
Tract of Land was thereafter to be called by the name 
of New Cesarea or New Jersey ^vitli all the Lands 
Islands Soyles Rivers Harbours Mynes Mineralls (^uan-ies 
Woods Marshes Waters Lakes thshings Ilawkings Hunt- 
ings and ffowlings x\nd all Royaltyes protitts Comodities 
and Heriditaiuents to the said p'misses belonging and 
appei'tayning with their and every of their a})purteirnces 
And all his said Ma"*^" Estate Right Title Interest benetitt 
Advantage Claime and demand of in and to the same 
pfmisses or any part or parcell thereof, And the Reversion 
and Reversions Remainder and Remainders Together with 
the yearely and other Rents Revenues and profitts of the 
same and of eveiy part and parcell thereof S^a hahl unto 
his said Royall Highness the said James Duke of Yorke 
his heires and assignes forever to be holden of his said 
Ma'"' his heires and Successors amongst other the things 
therein granted as of his Ma"*"" Mannor of East Greenwich 
in his ]\[a"*''' (younty of Kent in ftVee and Com'on Soccage 
and not in Capite by Knights Service under the yearely 



326 XEW .rER>ET COL^-»^^AI. IHCOiyXT?. [1680 

Rent therein menc'oneu 3^iid Whereas his Royall High- 
ness the said James Duke of Yorke Did heretofore by 
several! good and sufficient Conveyances and Assurances 
under his hand and seale dnelv executed and dated the 
Three and Twentyeth and fower and Tweutyeth daies of 
June In the Sixteenth year of his said Ma^^ Reigo (for the 
consideration therein mene'oned) Grant and Convey the 
said Tract of Land and p'misses before menc'oned unto 
John Lord Berkley Barc»n of Stratton and one of his Ma**** 
meet Hono**!* Privy Councell and Sr George Carterett of 
Saltram in the County of Devon Kn^ and Baronett and one 
of his Ma^P most Hono**f^ Privy Councell and their heires 
the said Tract of Land and p'^niisses before perticnlarly 
menc'oned And the Revers'on and Reversions Remainder 
and Remainders of the same ito hold unto the said John 
Lord Berkley and Sr George Carterett their heires and 
Assignes forever vnder the yearely Rent of Twenty Nobles 
Sterling payable as the same is therein reserved to be paid 
'Stud Whereas the said John Lord Berkeley Did afterwards 
Convey All his full and vndi\-ided Moiety of all and singu- 
lar the same p'misses unto John ffenwick Esqf his heires 
and assignes for ever Ls Trust And bv the said John 
ffenwick owned to be in trust for the said Edward Byl- 
lynge his heires and assignes for ever 3lttd the said John 
ffenwick afterwards by the Consent and direction of the 
said Edward Bvllinge A^t) also the said Edward Bvllinge 
Did Convey the said Yndivided Moiety of the p'^misses 
unto the said WiUiam Penn Gawen Lawry and 2sicholas 
Lucas and their heires to the uses follo^ving (that is to say > 
As to Tenn equall and vndivided Huudred parts thereof to 
the use of the said John ffenwick and of his heires and 
assignes forever Ajjd as to the other Xynety equaU and 
vndivided parts being the residue of the said Yndivided 
Moiety To the use of the said William Penn Gawen Lawry 
and Nicholas Lucas their heires and assignes for ever 
bf Trust for the said Edward Byll^Tige his heires and 
assiirnes forever. After which the said John ffenwick 



-SEt; 



.jet: 



S2S NEW JERSF.Y COLONIAL DOCUMENTS. [1680 

dividing and makins; a partic'on of tlie said Westernly Part 
sliare and porc'on from tlie Easternly part share and por- 
c'on of tlie said Tract of Land and p'^misses And all and 
every the Isles Islands Rivers Mines Mineralls woods 
ffishings Hawkings Huntings ftbwlings and all other Roy- 
alties Powers ffranchises Harbonrs protits Coniodities and 
Hereditaments whatsoever unto the said A¥esternly part 
share and ^lorc'on belonging or apperteyning And all the 
Estate right title and Interest Claime and demand whatso- 
ever of him the said S'.' George Carterett of in nnto and 
out of the same And the Reverc'on and Reverc'ons 
Remainder and Remainders of the Same and of every pai-t 
and parcell thereof ^U which said Westernly part share 
and porc'on was then and now is by the consent and agi'ee- 
ment of tlie said parties the said S^ George Carterett 
William Penn Gawen Lawry Nicholas Luccas and Edward 
Byllynge called and agreed from thenceforth to be called 
by the name of West New Jersey and all that and only 
all that part share and porc'on and all those parts shares 
and porc'on of the said Tract of Land and p'misses Soe 
Conveyed by the said James Duke of Yorke nnto the said 
John Lord Berkeley and ST George Carterett as aforesaid as. 
lyeth and lye extended westward and Southward from the 
west side of the said Lyne of partic'on before menc'oned 
©O ]\0\A unto the said William Penn Gawen Lawry and 
Nicholas Lucas their heires and assignes in severalty to the 
use of them their heires and assignes forever Upon which 
partic'on soe made Tuey the said William Penn Gawen 
Lawry and Nicholas Lucas became seized of All that 
Westernly part of the said p'misses now called West 
New Jrrsey with tlie appurtenances in severalty And 
being Soe siezed pursuant to a Trust for that purpose 
reposed in them They Conveyed Tenn full ecpial A^ndi- 
vided Hundred parts of the said westernly ])art of the said 
p'misses called West New Jersey unto the said John 
Edridge and Edmond Warner and their heires ®0 hold 
unto them and their heires To the use of them and their 



1680] GRANT TO WM, i'V.NK AND ASSOCIATES. 329 

heires for ever And the said William Peiin (Tawen Lawry 
and Nicholas Lucas remaining still siezed of the other 
Ninety equall and Vndivided Hundred parts of the said 
Westerxly part of the said p'niisses called West New- 
Jersey to them and to their heires for ever But Alwayes 
In Trust for the said Edward BjUynge his heires and 
assignes for ever ^nd '^VHcvfa.^l since the making and 
Executing of the said ('onveyance soe made by His 
said Royall Highness unto the said John Lord Berkeley 
and S^ George Carterett as aforesaid And in the Times of 
the late wars between his said Ma^f and the States of the 
Ynited Provinces of the Netherlands The Annies and 
Subjects of the said States Gained the possession not only 
of the said p'rnisses Soe by his said Koyall Highness Con- 
veyed unto the said John Lord Berkeley and S'.' George 
Carterett as aforesaid But Also of other the Lands and 
hereditaments which were originally granted unto his said 
Royall Highness by his Ma'^'f said Letters Patent hei'ein 
before recited All which were afterwards required from the 
said States or by them delivered up unto his said Ma'^!'' 
^nd ^t'hfVfa;^ his said Ma'f Did by other his Letters Patent 
Dated the Twenty Nyneth day of June In the Six and 
Twentyeth yeare of his said Ma'^f** Eeign Grant and Con- 
vey unto his said Royall Highness and his heires for ever 
As Well the said Tract of Land and j)'"misses hereinbe- 
fore recited to have been Granted and Conveyed by his 
said Royall Highness unto the said John Lord Berkeley 
and Si" George Carterett as aforesaid As all other the 
Lands and Hereditaml'' In and by the said herein fii'st 
before recited Letters Patent granted or menc'oned to be 
granted ^nd ^t'hcrcajS by the said severall Grants soe made 
by his said Ma"'' unto his said Royall Highness as aforesafd 
Severall Powers and Authorities are and were given and 
Granted unto his said Royall Highness his heires and 
assignes To Be Executed by his said Royall Highness his 
heires & assignes or by the Deputies Agents or Comm''.' of 
his said Rovall Highness his heires or assignes which are 



330 XliW .lEKSEV COLONIAL nOctMKN'l's. [I68O 

necessary As well for the Planting Peopleing and Itnprove- 
ing of all and every the respective Lands places and Terri- 
tories thereby granted And for the Transporting thither 
from time to time snch of his Ma^f" Subjects as should be 
willing to goe or to be Transported into those parts or any 
of them As for the Defending Guarding Keeping of the 
Same As also for the well Governing of the same and of 
all such as are and Shalbe Inhabiting in the same And for 
the makeing ordaining and Executeing of necessary and 
convenient Lawes and Constituc'ons in order to such Gov- 
ernment and the punishing and pardoning oifences and 
offenders as occasion shall require And to Nominate Make 
Ordaine Constitute and Confirme And also to Revoak 
Discharge Change and Alter all and singular Governours 
officers and Ministers which by his said Royall Highness 
his heires or assignes shalbe from time to time thought titt 
or needfull to be made ordained aj^pointed or used in the 
said parts or places or any of them And to doe all other 
things needfull usefull and necessary for the well Govern- 
ing Keeping Defending and preserving the said respective 
Places and Territories and of every of them and all such 
as are and shalbe Inhabiting there ^Xoxv tlu^t \)xmMH wit- 
nCiSSi That for and in Consideration of a Competent sume of 
Lawfull English moneys unto his said Royall Highness in 
hand paid and for the better Extinguishing All such 
Claimes aod demands as his said Royall Highness may 
any wayes have of or in the p''n)isses aforesaid now called 
West New Jersey or any part of them And for the 
further and better Setling Conveying Assuring and Con- 
tirming of the same and of every part thereof According to 
the Purport and true meaning of these p'nts His said 
Royall Highness The said James Duke of Yorke ^ath 
Granted bargained sold and Contirmed And by these p'nta 
Doth Grant Bargain Sell and Confirme unto the said 
William Penn Gawen Lawry Nicholas Lucas John Edridge 
and Edmoud Warner %l\ That part share and porc'on and 
all those parts shares and porc'ons of All that Intire Tract 



l>;S(rj (iK.VNT TO W'M. I'l^NN AND ASftCH^tATkS. '*>Si 

of Land And all those Intire p'lnisse.s Soe Granted by his 
said Royall Highness unto the said John Lord Berkely 
and S'' George Carterett and their heires as af<jresaid As in 
by and upon the said Partic'on aforesaid was and were 
vested in the said William Penn Gawen Lawry and Niehc»- 
las Lucas and their heires and then agreed to be called 
by the name of West New Jersey Together with all 
Islands Bayes Rivers Waters Forts Mines Quarries Royal- 
ties ft'ranchises and appurtenances whatsoever to the same 
belonging or in any wayes appertaining And All the 
Estate Right Title Interest Reverc'on Remainder Claime 
and Demand M'hatsoever As Well in Law as in Equity 
of him the said James Duke of Yorke of in unto or out of 
the same or any part or parcell of the same As Also the 
free Yse of all Bayes Rivers and Waters Leading unto or 
lying between the said p^'misses or any of them In the said 
parts of Ameeica for Navigation ifree Trade ffishing or 
otherwise 5^0 have and to holtl unto the said William Penn 
Gawen Lawry Nicholas Lucas John Edridge and Edmond 
Warner their heires and assignes for ever ®0 the Vses fol- 
lowing (that is to say) As to Tenn Equall and Vndivided 
Hundred parts thereof To the Vse of the said John 
Edridge and Edmond Warner and of their heires and 
assignes for ever And as to the other Ninety Equall and 
Vndivided Hundred parts thereof To the Yse of the said 
William Penn Gawen Lawry and Nicholas Lucas and of 
their heires and assignes for ever gn ©VU.Sit Neterthelesse 
for the said Edward Byllynge and for his heires and 
assignes for ever ^ifUUug ami payiufl therefore yearely for 
the said whole Intire p'"misses unto his said Royall High- 
ness his heires and assignes the yearely Rent of Tenn 
Nobles of LawfuU English money At or in the Middle 
Temple Hall London At or upon the tfeast day of S' 
Michael th' Arch Angell %m\ thc.$e unto further witncsss? 
That for the better Enabling the said Edward Byllynge 
his heires and assignes to Improve and Plant the said 
p'misses with People and to Exercise all necessary Govern- 



83S iS^EW JERSEY COLONIAL r>OCtMENTS. 1680] 

merit there wliereby tlie said p'misses may be tlie better 
Improved and made more YsefuU to him his heires and 
assignes and to the Kings Ma"*" His said Royall ITighness 
hath Likewise Given Granted Assigned and Transferred 
and dotli by tliese jrnts Give Grant Assigne and Transferr 
to the said Edward Byllynge ^11 and every such tlie same 
Powers Anthorities Jurisdictions Governments and other 
matters and tilings whatsoever which by the said respective 
recited Lettrs Patent or either of them are or were Granted 
or intended to be Granted to be Exercised l)y his said 
Royall Highness his heires Assignes Deputies Officers or 
Agents in n])on or in relac'on nnto the said p''misses hereby 
Confirmed or intended to be Confirmed and every of them 
In Case the same were now in the Actual Seisin of 
his said Royall Higliness ®o he \\t\A Enjoyed Exercised 
and Executed by him the said Edward P)yllynge his heires 
and assignes And by his Deputyes Officers Agents and 
Comml" As fully and amply to all intents construcc'ons 
and purposes as his said Royall Highness or his heires 
might could or ought to Hold Enjoy Yse Exercise or Exe- 
cute the same by force and vertne of the said severall and 
respective before recited Letters Patent or either of them 
or of any thing in them or either or any of them conteyned 
or otherwise howsoever ^n ^Vittte.$',$'e whereof the partyes 
to these pre'ts have hei-eunto Intekohangeably sett their 
hands and Scales The da)' and yeare first above M'ritten. 

J AMES 
|0n the back.] 

Signed Sealed and Delivered by his Royall Highness 
James Duke of Yorke within named In the p''sence of 

Jo Werden 
Thos Heywood 



Thomas Heywood maketh oath that he the day & yeare 
within written saw his Highness the Duke of Yorke signe 



1680] MIDDLETOWN MATTERS. 333 

Scale A: as liis Act and Deed deliver tliis Indenture to the 
Vse witliin mene'oned and afterwards subscribed his name 
as a witness 

Jur .S'' die Se])t KISO Tno: Heywood 

cor"a me Mg'ro ( /ami 

J. Clekke 



Towti (Jh'i'lx of M't(l<lltii)ii'i» to Governor Andros. 

[From M. T. Col. MSS., iu Secretary of Slates ottice, Albany, Vol. XXIX.. p. 199. 

Hon'° 

Stk: tlie ('untsable haveinu' convened a towne Meeting 
acording to your order and your Order Read of concern- 
ing the Choosing of three men for the trying of small 
causes^ but noe vote was passed. 

James Eowne 

Town Gierke 
Midle Towne I'J'" of August 16S(> 



From John Roirnr to Governor Andros. 

[From y. Y. Col. MSS.. in Secretary of State s ottice, Albany, Vol. XXIX., p. 190.1 

S'' 

By these you may understand that J have received the 
order for houlding of a Court of Sessions at Shrewsbury 
and other orders therein contained I have indeavored to 
efect but .... obstructing in a large measure for I 
am very 111 myself, soe as not being capeable to goe abroad 
& Mr Peter Parker is very weake, more like to die than 
to live, whom I have maid ... I beg yonr excuses. 
Not els at present but y^ 1 am S'' Your loving friend and 
servant 

John Bowne 

Midelltowii 20'" of Agiist 1680. 



334 NEW JERSEY COLONIAL DOCUMENTS. [1680 



Cam of William Meeker ^ Againd William Pardon. 

[From N. T. Col. MSS., in Secretary of State s oflSce, Albany, Vol. XXIX., pp. 209, 
214. 216. 217, 228.J 

At a Court of Sessions held at Eliz: 

Towiie . . . for ye sd Towne and 

ye Towne of N'warke ye 8^'> Aug** 

[September?] 1680 

Wm Meeker In ye case betweeue ye p'" ct Deft 

p"^ ye pltf deelariiiiv in an action for tres- 

W"" Pardon passe and . . that ye Deft for seve- 

Deft ral years j^ast keept him out of his 

liouse & aceomniodations in ye s^ Eliz: 

Towne i^ siezed upon & converted to his owne use his 

stock therein; an Inventory whereof was produced in 

Court ye whole to his damage 300 £, after a full hearing 

on both parties & divers evidences produced ye same 

being referred to ye Jury, they brought in their verdict 

for the pltf, that he should be repossest of his Estate with 

costs leaving ye damage to ye consideration of ye Co 

The Count doe appeal [approve ?] of ye verdict of ye Jury 

& give Judgment accordingly and further that ye Deft pay 

damage to ye pltf ye sume of Twentie pounds by order of 

ye Court of Sessions. 



rt 



Isaac Whitebead to Captain Nicolls. 

Cap''" Nicolls and much E-EsrECTEi) 

Sir After my Service presented these are to let you 
understand M"" Ogden desired me to write a few liens to 
you to signifie to you that Cap*": Carterett sent his Clarke 

1 William Meekek, the plaintift'in this case, held the office of ("onstable, and was 
an active adherent of Captain James Carteret. Having been one of the principal 
actors in a case which was thought to impujiii thu authority of the regular Govern- 
ment, he was subjected to a fine, and for the part he took against William Pardon, 
his property was confiscated and awarded to Pardon, and hence this suit. — "East 
Jersey Under the Proprietaries ; '' Hatfield's '■ Elizabeth.'' Ed. 



1080] A\irj,iA>r MEKKKi,' r\. \\ii.i,iA>r i'Ardox. 337 

Lettci* Itohi John W aiTt'ii to Sir l^(lniuii<l 

I (I(n> imI)ol<leii niyselfe to ojixo you tho ti'oblc of ;i line 
of two upon tlu' rejudgt of AVilli;un Meaker to give you an 
account (if our [iroceediiigs liere that we may bee the y'' 
better informed by your directions we have been with M"" 
Pai-don and made demand of y® Judgment of y*^ Court 
which was that he sliould make a deHvery ct reposses y" 
3'' William Meaker into his Kstate which he [William | 
Pard(.)n hath and doth still detaine from him, but his 
aiisware was that he did not see it his way soe to doe, nor 
woukl not doe it and likewise deniese to pay Court Chai-ges 
their for me. hope that you will take sonu^. speedy C^Mirse 
in it for me hand . . . Stayd in Expectation to here 
from you about it but we liope to here from you by this 
bearer, Soehaveing notliing else att present but my hund)le 

service to you I . . . . 

yours to command 

JouN Wakken 
F.liz: Towne Sej.t: y« 23"^ 1680. 

1 ha\'e inclosed y'' ])roceedings of y" Court iny'' Action. 



Releam of Jaitics, JJiil'r of Yiti-lx\ to Str (i((n'(j( Carfturt^ 
[Gr((n(J.s(>)i. 1(11(1 Hell' of th< Oi-uj'tiud Pcopi'leior^ for 
East J<'fs:i'(j. 
[From Oiiniuiil in the Libiaiy of the Kew Jersey Historical Society. J 

Z\\\$ ^nrtCUtUlt made the tenth day of September 
Anno i)ni \'>')'ii) ^ and in the two and thirtyth yeare of the 
raigne of our Soveraigne Lord King Charles the second 
over England Scotland Ifrance and Ireland King Defender 
of the faith etc dtictivccnc his Royall Highnes James Duke 
i)f York and Albanv Earle of Vlster &c and brother to our 



1 From the certitieate at the close, it appears not to have been signed before 
October leth. En. 



338 NEW JKKSKV COLONIAL DOLTTMENTS. [1680 

Soveraigiiu J.ord the King of the one part And the hono*''^ 
St George Carteret of Hawiies in the Comity of Bedford 
Bar^ Grandson and heire of the lion''!'" S'' George Carteret 
late of Saltram in the County of Devon knight and Bar?' 
deceased of tlie otliei- part rlVheVfai&' onr Soveraigne Lord 
the Kings Ma^ in nnd by his Letters Patents vnder the 
great Seale of Enghuid V)earing date the twelftli day of 
March in the sixteenth yeare of liis said Ma*f raigne Did 
amongst severall other things tlierein mentioned give and 
grant vnto his said Jioyall Highnes tlie said James Duke 
of York Jiis lieires and Assignes ^U that Tract of Land adja- 
cent to New England in the parts of America and lying 
and being to the westward of Long Island and Manhattas 
Lsland and bounded on the East, part by the Maine ISea 
and part by Hudsons Kiver and hath vppon the West 
Delaware Bay or lliver and extendeth Southward to the 
Maine Ocean as far as Cape May at the Mouth of Delaware 
Bay and to the Northward as far as the Northermost 
branch of the said Bay or Eiver of Delaware which is in 
one and forty degrees and forty minutes of Latitude and 
crossing over thence in A. Straight Lyne to LIudsons Biver 
in one and forty degrees of Latitude which said Tract of 
land was thereafter to Ije called l)y the name of New 
Cesarea or New Jersey with all the lands Islands Soyles 
Jiivers Ilaiixturs Mines Mineralls C^uarryes Woods Marshes 
waters Lakes Ihshings Llawkings Huntings and Ifowlings 
and all other Royalties profitts Com'oditys and heredita- 
ments vnto the said p^'mises belonging or a])pertaineing 
with their and every of their app'ten'ces And All his said 
Ma*'f Estate Right Tytle Interest benetitt advantage Clayme 
and Demand of in and to the same p'misses or any part or 
parcell thereof and the Reverc'on and Reverc'ons Remain- 
der and Remainders togeather with the yearely and othei' 

Revenues and pi'otitts of the same and of 

every i)art and parcell thereof To holde vnto his said 
Royal Highnes the said James Duke of Yorke his heires 
and Assignes forever to be holden of his said Ma*r his 



1680] dikp: of voi^k io caim i:i;i;i"s (,i;.\ni)>()X. 339 

lieires ;iii«l Siicc'CbSors aiiKniii'sf otlici' tlu' tliiiig'^^ tiu'rein 
granted as of his Ma'f Mau'or of East (Ti-eenwicli in lii.s 
Ma*f Counts of Kent in free and Conien vSoccage and not 
in (\ipite or I>y Knight-Service vnder tlie yearely Rent 
thei-ein menc'oned |iml WUfVCa.O' his said Koyall lliglmes 
tile said James Duke of Yorlv did heretofore by severall 
good and sufheient Conveyances and Assnrances vnder his 
hand and Scale (hily Executed and dated the twenty third 
and twenty fowerth dayes of June in the sixteenth yeare 
of ins sd Ma^^^f^ raigne for tlie Considerac'on therein men- 
c'oned (Irant ;iiid Convey tlie said Tract of land and })''niises 
before menc'oned to John Lord Berkley Barron of Strat- 
ton and one of his Ma'^."'' most bono'''*' privy Councell and 
vnto the said S!" George Carteret the Grandfather of S;d- 
triuu in the County of Devon Kniglit and Bar! and one of 
his JVfa'-^."" most bono''!'' Privy Councell and their beires the 
said Tract of Land and p'"niises before pticulai'ly menc'oned 
and the Reverc'on and lieverc'ons liemainder and Remain- 
ders of the same 5to holrtc vnto the said John Lord Berkley 
and S'.' George Carteret the Grandfather their beires and 
Assignes forever vnder the yearely rent of twenty Nobles 
steiling payable as tlie same is therein reserved to be payd 
'^urt u'hrvraisi vppon A partic'on made of the said whole and 
Litire ])'"mises betweene the said S"" George Carteret the 
Grandfather and William Fenn of Warniinghurst in the 
County of Sussex Esq'" Gawen Lowi-y of London Merchant 
Nicholas Lucas of Hertford in the County of Hertford 
Malster and Edward Byllyng of AVestminster in the County 
of Midds gent: in whom the fee simple of the Lord Berk- 
leyes moiety of all cV: singular the said p''mises by good and 
suthcient Conveyances was then A^ested. The said William 
Penn (Tawen Lowry and Nicholas Lucas and Edward Bil- 
ling J)id Bargaine Sell Release and Continue vnto the 
said S'.' George Carteret the Grandfather his beires and 
Assignes forever, All that Easterly part share or portion 
and all those Easterly parts shares and Easterly porc'ons of 
the said whole and Litire Tract of Land and p'mises before 



340 NEW .lEKREY COLONIAL DOCUMENTS. [1680 

iiienc'oned extending Eastward and Xorthward along the 
Sea C'oasts and the sd Kiver called Ifudsons River from 
the East: side of A certaine place or Harbonr lying on 
the Southerne part of the same Tract of Land Com'only 
called or knowne in A Map of the said Tract of Land by 
tlie name of little Egge Harbour to that part of the said 
River called lludsons River which is in forty one degrees 
of latitnde being the fnrthei-most part of the said Tract of 
land and p^'mises which is bonnded by the said River and 
crossing over from thence in A streight lyne extending 
from that part of Hndsons River aforesaid to the North- 
ermost branch of the aforemenc'oned River called Dela- 
ware River and to the most Northerly iwynt or boundary 
of the said Litire Ti-act of Lanil and p^mises now called 
the Nortli partic'on Poynt and from thence (that is to say 
from the Xorth partic'on Poynt extending Sonthward \'nto 
the most Southerly Poynt by a Streight and direct Line 
drawne throngh the said Tract of Land from tiie said North 
partic'on Poynt vnto tlie said South partic'on Poynt by 
the consent and agreem^ of the said parties now called 
the Lyne of Partic'on and l)y them intended for the 
divideing and makeing A Partic'on of the said Easterly part 
share and Portion from the Westei'ly part share and Por- 
c'on of the said Tract of land and p''niises and all and 
every the Isles Islands Rivers Mines Mineralls woods 
fishings Hawkings Hnntings and fowlings and all other 
Royaltyes Governments Powei-s tforts ffranchises Harbours 
profitts Com'odities and Hereditaments whatsoever vnto 
the said Easterly part share and Porc'on of the said Tract 
of Land and p'mises belonging or in any wise appertaineing 
with their and every of their app'ten'ces And all the Estate 
Right Title Interest property clayme and Demand whatso- 
ever of them the said William Penn Gawen Lowry Nicho- 
las Lncas and Edward Billing and of each and every of 
them of in vnto and out of tiu^ said Easterly part part 
share and porc'on of the said Tract of Land and p'mises 
Hud every part and ])ai-cell thereof and the Rever'con and 



|(IS<'| DCKK dl' Vok'K lO CAIv'I'KK'irr's (, R A N DSoX. :!41 

IJ('\c'r"coiis laMiiaiiider and limiaiiulci's (tf tlic sauu- ami 
every ])ai-t and })ar('ell of the same All which said wester- 
ly ])art .sliare and purc'oii pai-fs shares and I^orc.'ons was and 
were then and now is and are hv flu- consent and Au'i-ee- 
inu- of the said partves to the said ]*ai-tie'on called and 
ai^-reed from thenceforth to he called by the name of East 
New Jersey and is all that and only all that part shaiH- 
and porc'on and all tliose parts shares and porc'ons of the 
said Tract of Land and p'mises soe Conyeyed by his said 
Royall Highnes aforesaid as lyeth Extended Eastward from 
the East side of the said Line of Partic'on before meii- 
c'oned (10 Hold vnto the said SV George Carteret the (rrand- 
father his heires and Assignes in severalty to the A^se of 
him the said S'" George Carteret his heii'es and assignes 
forever vppon which Partic'on soe made and sncli Con- 
\ eyance soe execnted as aforesaid he the said S'' George 
( arteret the Grandfather became seised of all tiiat Esterly 
part of the said p'niises now called East Xew Jersey with 
the app'ten'ces in severalty and being soe seised abont the 
Month of Jannary last past dyed, whereby his said severall 
moyety descended to the said S'' George Carteret party t(» 
theise p'seuts as his Grandsoime and hire %\u\ '^Vhcvca.^i 
since the makeing since the niakeing and Execnting of the 
said Conyeyances soe made by his said Iloyall Highnes 
Vnto the said John Lord Berkley and S" George Car- 
teret TnE Grandeather as aforesaid and in the times of 
the late warr betweene his said Ma^!*^ and the States of the 
vnited Provinces of the Netherlands The Annyes and 
Subjects of the said States gained the possession not onely 
of the said p'mises soe by his said Royall Highnes Con- 
yeyed unto the said John Lord Berkley and S"? Gkokcje 
Carteret the Grandfather as aforesaid But alsoe of 
other the lands and Hereditani'f which were Originally 
granted vnto his said Royall Llighnes by his Ma^f'' said 
Lettei's Patents herein before recited ^U U'UirU were after- 
wards i-egained from the said States or by them delivei'ed 
ypp vnto his said Ma"'^' 3ViuI U'hcvca.^' his said Ma'j'' did 



34-2 NEW JERSEY COI.ONTAL DOOIMENT?. [1680 

by other his Letters Patents Dated the twenty nineth day 
of June in the six and twentyeth yeare of liis said Ma'P 
raigne (Trant and Convey vnto his said Royall Higlmes 
and his heires forever as well the said Tract of Land and 
p'mises hereinbefore recited to have been granted and 
Conveyed by his said Koyall Llighnes vnto the said John 
Lord Berkley and S'' George Carteret the (xRANn- 
FATHER as aforesaid as all oilier the Lands and Heredi- 
tam\** in and by the said herein first before Recited Letters 
Patents granted or mentioned to be granted ^ml U'UcvfaiSi 
by tlie said severall Grants soe made by his said Ma"^^"" vnt(» 
his said Royall Higlmes as aforesaid severall Powers and 
Anthorityes are and were given and granted vnto his sd 
Poyall Higlmes his heires and Assignes to be Executed 
by his said Royall Higlmes his lieires or Assignes or by 
the Deputies Agents or Com'r of his said Royall Highnes 
his heires or Assignes which are necessary as well for the 
Planting Peopling and improving of all and every the 
respective Lands places and Territoryes tliereby granted 
and for the Transporting thither from time to time such of 
his Ma'^f Subjects as should be willing to goe or be Trans- 
ported into those parts or any of them as for the Defend- 
ing Guarding and Peopling of the same as also for the 
well ffoverninc: of the same and of all such as are and shall 
be Inhal)iting in the same, and for the makeing Oi-daine- 
ing and Executing of necessary and convenient Laws and 
Constituc'ons in order to Such Governm* and the punisli- 
ing and pardoning Offences and ( )f}enders as occac'un 
shall require and to nominate make Ordaine Constitute 
and Confirme and alsoe to Revoke discharge change and 
alter all and singular Governors Officers and Ministers 
wliicli bv his said Royall Highnes his heires or Assignes 
shall be from time to time thought fitt or needfull to be 
made Ordained a])onted or vsed in the said parts or places 
or anv of them and to doe all othei' things needefull and 
necessary for the well governing keeping defending and 
p'serving the said respective places and Territoryes and of 



I(i8(>] DUKE OK VOKK To CA IMKK i:i*S (JKANDSON. ?A?> 

evi'i'v of tlieiii and of" all such as are and shall liee Iidiah- 
itiiig tlieiv ^^OW t\m^( ptCSlfntsi uitUCSi that for and in con- 
siderao'on of A Competent suni\' of lawi'ull English money 
viito his said Koyall Ilighncs in liand payd and for tiic 
better Extinguishing all such Claymes and Demands as liis 
said Tvoyall Highnes may any wise have of or in the ])'niises 
aforesaid now called (Jra.^t jfU'ir ilci'.Sify or any ])art of them 
and for the furtlier and better setling Conveying Secure- 
ing aiul Contii-eming .... same and of every part 
thereof according to the purport and true meaneing of 
theise p'sents Ilio' $'1U(1 lloyaU llitlhnc,^ the said Janu's 
Duke of Yorke Ullth 6vuutcrt I'argained sold and Contirnu'd 
and by theise p'sents doth grant bargaine sell andConfirme 
vnto the said S'' George Carteret party to theise p'sents his 
heires and Assignes ^U that part share and portion and 
all those Parts shares and Portions of all that Intire Tract 
of Land and all those Intire p'inises soe granted by his 
said Royall Highnes vnto the said John Lord Berkley and 
S"" George Carteret the Granfather and their heires as 
aforesaid as in by and vppon the said Partic'on was and 
were vested in the said S'.' George Carteret the Grandfather 
and his heires and tlien agreed to be called by the name of 
East New Jersey' togeatlier with all Islands P>ayes Rivers 
waters fforts Mines Quarryes Royaltyes franchises and 
apj)ten'ces whatsoever to the same belonging or iu any 
wise apptaineing and all the Estate Right title Interest 
Reverc'on Remainder Claime and Denuuul whatsoever as 
well in Law as in Ecpdty of him the said James Duke of 
Vorke of in vnto or out of the same or any part or parcel! 
of the same as also the free vse of all Payes Rivers and 
waters leading vnto or lying betweene the said p'niises or 
any of them iu the said parts of America for Navigation 
tfree Trade ffishiii;/ or otherwise 5^0 havc and to hold vnto 
the said S!' George Carteret Party to theise P'sents Ids 
heires and Assignes forever to the ouely vse and behoof e 
of him the said IS'.' George Carteret his heires and Assignes 
forever ^fiUling and payiiui tlierefore yearely for the said 



5-11 KKW .IKkSEY roLOXTAL IHXTMEXTS. [ 1680 

whole Iiitire p'inises vuto liis said Roall llio-lines his 
lieires and A?si<»:iies the yearely rent of tenn Kobles of 
hiwfuU Eiiii'lish money at or in the Middle Temple Hall 
London at or vppon tlie tfeast day (»f S' Michaell the Arcli- 
Angell yearely. %\u\ tUci.^f i)Vf,':.tut,^ fwvtUcv witness that for 
the better enabling the said S'' George Carteret party to 
theise p'sentshis heires and Assignes to Improve and plant 
the said p'inises with People and to Exercise all necessary 
Governm!' there whereby the said p'niises may be the better 
Improved and made more vsefull to him his heires and 
Assignes and to the Kings Ma'f ^\iSi' .$iu(l ^loyaU lligUne.Si 
hath likewise given granted Assigned transferred and doth 
by theise p'sents give grant Assigne and transfer vnto the 
said S!" George Carteret party to theise p^'sents All and every 
such the same Powers Authorityes Jurisdictions Govern- 
ments and other matters and things whatsoever which by 
the said respective Recited Letters Patents or either of 
them are or were granted or intended to be granted to l)e 
Exercised l)y his said lloyall Higlmes his heires Assignes 
Depiityes Ofticers or Agents in vppon or in Relac'on vnto 
the said P'"mises hei-eby Conlirmed or intended to be Con- 
firmed and every of them in case the same were now in 
tlie actual seizin of his said Royall ITiglmes, 5^0 ht UfUl 
enjoyed exercised and Executed by him the said S"" Ge(trge 
Carteret party to theise p'sents his heires and Assignes and 
by his and their Depntyes Gfficers Agents and Commis- 
sioners as full}^ and Amply to all intents constructions 
and purposes as his said Royall Ilighnes or liis lieires 
might cuuld or ought to liolde Enjoy vse Exercise or Exe- 
cute the same by force and vertue of the said severall and 
respective before Recited Letters Patents or eitlica- of them 
or of any thing in them or either or any of them con- 
tained or othei-wise howsoever ^\\ W\U\(^ whereof the 
Parties to theise p'sents have hei'e\'iito Interchangeably 
sett their hands and Scales the day and year first above 
written 

James 



ir»S(l] SECKKTARV WKKDKN To coV. A.\I>K(i>. 3-45 

May it })l('ase yo' Koyall Higliiies 
This coutt'yiu's; A Confiniiiic'on unci release 
to S' Geoi-ge Cai-teret IJaronet and his heires 
of liis IMoyty of IS^ew Jersey In the Parts of 
America, In the same nature as is already 
(iraiinted contirmed and released to M'' Bil- 
ling and others and their heires of the other 
Moyty It) Octobris 168<> 

This is a Coj^pv of y*^ Original Signed by 
S^ Geokgk Jeoffbyes 

[Ou the back.] 

Sealed and delivered in the |)'sence of 

Jo Werden 
Hakkey Langdon 



Si I' John Wt'i-Jen to ( loi't'i'itor And ro.s. 
[From -New York Cnloiiial Dii.iiuient.s. " Vol. HI., p. -280.] 

Sir S'' James's (> Nov'" (SO) 

I presume you will have heard already y'' his R" H' in 
obedience to his Ma'** commands is gone againe into Scot- 
land, but y'' before he went he w^as pleased (upon such 
advice as he i-elyed on) to confirm and release to the Pro- 
pi-ief* of both moytys of Kew Jersey, all theire and his 
right to any thing (besides y" rent reserved) w''' heeretofore 
may have beene doubtfull, whether as to governem'^ or 
publique dutyes in or from y*^ places within their grannts. 
And though I believe y*' Deeds y'^selves (respectively) 
w" produced to you, will enough satisfy you in this matf 
yet I thinke it convenient herein to give yon notice of y'" 
to p'"vent as much as in me lyes, any doubt of y validity 
thereof, or there haveing beene surreptitiously obteyned 
or any oth'" inconvenience y*^ nuiy happen either to you, or 
y*^ Propriet'"' for want of snch intimac'on. 1 am A:*: 
To SV Edm° Axdros Kn^ &': 



346 NEW JERSFA' COLONIAL noCUMENTS. [1081 



P I'ochdiKii'ion froiii Goveriiof Ciirterei Aga'nixt the 
Anilioriiij of S'w K<hn>iii(l Android. 

[From ••Grants and ( 'oncessions," p. 685.] 

This is to give Notice to all to whom it shall conoern, that 
I have received an Order in a Letter from the Right 
Honoiirahle the Lady Flhahdh Carteret, bearing Date 
Month 8e2>teiHher KiSo, (who is left sole Executrix, and 
Guardian to tlie Heir of Sir Geoiye Carteret, Lord Proprie- 
tor of this Province) with an absolute Command not to 
take Notice of any ( 'ommissions, Warrants or Orders from 
Sir Ediimud Androids : And 1 am also further Commanded 
to tell you, that you bring in your Charges and Danuiges, 
Sir Edmund Androst^, hath put this Province to in the 
T^surpation of the Government ; for his Poyal Highness 
being acquainted with his illegal Actions, in usurping the 
Government of New-Jersey, doth deny that ever he had 
any such Orders from him or done by his Consent ; but on 
the Contrary the Lord Proprietor should have all right 
done him in the Enjoyment of the Province and the Gov- 
ernment thereof ; and that his Poyal Highness would not 
in the least derogate from what he had granted to Sir 
George Carteret, and doth wholly disown and declare that 
Sir Edrnand Androi^f; had never any such Order or Author- 
ity from liim for the doing thereof. And whereas I am 
informed that some Officers of Neio-York, do intend to 
persist and keep Courts by Yirtueof Sir Ehjiund Andross 
illegal Actions, M'hich will tend to the great Disturbance 
of the King's Peace, and detriment to the Lord Propi-ic- 
tor's Intei-est, and the jiublick Welfare <)f the People here 
settled uruler him : These are therefore to will and require 
all Persons not to obey, abett or assist or have any Thing 
tu do in such Courts, for there shall be an Assembly forth- 
with convened and Officers chosen in due Time: Therefore 
let none presume to Act any further by Sir EdmuiuVa 



1(181] SECKKTARY WEIIDKX I'O (;()\'. ANDKOS. 347 

( )r(lers ov Conmiissioiis or any (U-jnited nndoi' him, as tliey 
will answer tlie Contrary at their Pei'ils. (Jiven under nij 
Hand and Seal, at FAirnihetli-Tovyn^ in tlie Province of 
XevyJei'>^eii^ this second Day of Marcli. 1<'»8(».^ 



S'l r John W'crdeu to (joi'ernor Andro-s.'^ 

IFiom "Xow York Colonial Documents/' Vol, riT., p. 286.] 

Edinburtrli l!>"' Mav (81) 
Sir [Eiirarf.'] 

I liave already written to you touching- tlie grants of 
Xew Jersey from y'' Duke and M'' Pen's pattent from y* 
King (of Pensilvania) the Boundarves of w'*' towardes New 
Castle y'' Duke assents to, and it will be convenient that 
you give notice of all to yo"" officers in I^ew Yorke and 
New Castle. But without doubt all settlements already 
made in those parts ought to liold good, until! new laws 
be made by consent of their Assemblyes (w'''' I think M'' 
Pen hath authority for ;) but I presume y*^ Lords Com''" for 
Trade hath taken care to preserve y^ rights of men in 
possession, or else it is a point ought yet to be thought of 
by y'" ; for the Dukes authority there will not be sufficient 
to controule M'' Pen's pattent. As for y^ Islands in Dela- 
M'are I'iver, it is best to observe well the grants, as I take 
JVP' Pen's is bounded by the shoars of Delaware river on y" 
East, by w'"'' Islands seeme excluded out of his patent, if 
they lye out in y*^ open river, and ma}^ still belong to New 
Castle, and soe alsoe for those y' the Quakers of New Jer- 
sey may pretend to ; but in both these cases the graunts 
alone must determine y*^ matter, w''' you may be there well 
advised upon, for here they are not, neither can we Judge 
soe well as our lawyers. I wish you good health, and 
remain Arc 

To Sir Edm" Andros Ivn' &*^ 



1 1680-81. 

2 As Sir Edmund left New York in January for England, this letter could not 
have been received by liim in America. Ed. 



348 XEW JERSEY COLONIAL D(»CUMENTS. [1680 



Su- John Wei-ih n io Will hi in Pemi. 
jFrouj ■' New Voik Colonial Uociiiiieuts.' \ol. HI., p. -Jyo.] 

Kdiubui-uli K; .luly (81) 
Sir \Erfr(irL'\ 

As to yo'' fresh pro})osition to v'' Diike repeated in y" last 
Tre viz' that his R" IP woiihl couferr on you y" rest of w' 
he possesseth in and about JSTew easth? on DelaAvare River, 
und'" certaine condic'ons and hmitac'ons, such as you thinke 
titt to offer : I tokl your friends y", av* I now repeate to 
you, y' the Duke was not pleased to come to any resolution 
as yet in y' particular, and I doe not find y' His R" H/* 
hath altered his thoughts therein. 

Yo'' last reciuest, for a letf to the Govern^ of Xew Yorke 
y' you may have quiet possession is in effect already 
answered and graunted : But whereas you menc'on in y^ 
I're, isles y*" lye about Xewcastle in Delaware River, T must 
take notice to you y*- y' is quite a new proposall, having 
(as I believe) never heard you menc''on Isles (in y'' river) 
till now neither had I ever any comands from y'' Duke 
touching the passing of y'" to you. But all along have 
believed y' the River itselfe (that is y"" shoare of it) was to 
be your East Boundary, and I believe you will find the 
words of your pattent y' describe your Boundaryes to 
import noe more, soe as if any gen" words afterwards have 
isles inserted amongst y™ 'tis w' T cannot say any thing for, 
neither can I Judge liow far such an enumei-ac'on of pai-- 
tieulars can inchule any more \\\v\\ f gen" Boundaryes 
doe 

To AV^' Pexn Esq'- &x- 



ir>Sl] CARTKKF/r's CLAT^r TO STATEN ISLAND. 349 



Ltffcf from (ioi'i I'lior Cdiii I'ri 'iml ConiicU to flo dor, mor 
of Xcir York and /lis ('oidirif Uifrruoj to ili< 
( >irio I's/iij) ()f Sfafi'H IshiiuL 

LFroiii ■• East Jersey Ke.onls. ' Vol. II.. I,il.er;l. p. 171. | 

By the Hon"'''- riiiLi.ii' Cakteket Ksq"! (loveriior of the 
Province of Kast New Jersey under the Right Hon'".'' 
the J.ady Elizabeth Carteret Sole Executrix to the 
Right Hon"."^ Sir (Teorge Carteret Kn' & BarJ De- 
ceased Late Eord Proprietor of this Province and his 
Conn cell 

To tlie ITon''.'.'' the GoveriK.r or Conunandor in Chief of all 
liis \\: Higlmess Territories in America at New "i ork 
and his (■^iincell there. 

Whereas \ have an order to Lay Claime to Staten Island 
as property and Justly l)elonging to the Lord Proprietor 
his (Tovernnient and .lurisdiction of this Province and doth 
Appeare by his R. Highness (rraut under his hand and 
Scale bearing date the !(»*" day of Ttemb. IHSO. When- 
fore these are in the Lord Proprietors Name and by Yirtue 
of the said Grant to demand of you the Surrender of the 
s" Island unto ine with the (^liet possession thereof, and 
that your Selfnes or any other persone by your Authority 
doe forbeare the Expressing eny Command Authority or 
Jurisdiction within the said Island in which I doe Expect 
your Speedy answer & Compliance — Given under my hand 
and Scale the 22'^ July 1681 



Tii<' Letter to (^apt Anth: P.i-acket [BrochhollsJ Dei)nty 



350 NEW .TEKSEY COLONIAL DOCrMENTS. [1681 

Govenir tfc Commander in Chief of New York (Gov- 
ern m^ 

8" According to my Order I have .sent to JVP La Prairie 
c% M*" Bollen to Demand the Snrrender of Staten Island 
into my Posyession and dtovernment as of Riglit belongin^^ 
nnto 8V George Carteret Loi-d I'roprietor of this Province 
as you may See by y*" ( -opy of His Royal Highness Grant 
Sent you by them Concern^ \vhich pray Let me have 
your Speedy Answer Resolution and answere 



Yo'' humble servant 



Ph: Carteret 



PrO(i<nti(i.t(o)i i>f (jDvenior Ciirlirci f<> ihr Tnhdhdants of 
St((f('n hid ml. 

[From ''East Jcisey Kt'coida," \'()1. IL, Liber 3. p. 171-2.) 

By the LIon"'-*^ Piiillii' (Jarteket Esq'* GuNernur of the 
Province of East New Jersey under the Right Hon**'® 
the Ladj' Elizabeth Carteret Sole Hxecutrix to the 
Right Hon'^'.'" Sir George Carteret Kn^ & Bar^ De- 
ceased Late Lo]'d Proprietor of this Province. 

WuEREAs Staten Island doth of right l)elong to the 
Province of East New Jersey as doth a})pea.re of His R. 
Highness the Duke of York Deed of (xrant under his hand 
<fe Scale bearing date the !»»"' of Ttemb. 1B80. lint hath 
been detained by Several of the Governors under his R. 
Highness, Contrary to all Law A: Ecpiity and having now 
a Speciall order from tlie Lord Proprietor to denumd the 
same These are in his Majestj^'s Name to Mill and rerpiire 
you the Magistrates OHicers and Ldiabitants of the said 
Island to forbear Yielding any Obedience to the Govern- 
ment or Jurisdiction of New York, Or to doe or Act any 



1681] 



rArr. BKixKiior.r.s to gov. rART?:KET. 



351 



thino^ by their Authority or Coumuind and receive jour 
( 'oinniissions Orders and Instructions from me your fvaw- 
full (Tovernor as you will answer the Contrary at your 
P'rills. (liven under niy hand and Scale the 22.rulv An" 
|)oiJi\ liiSl 




Captain Anthoinj Brockholls, (>f ^^ic Yot'k\ to Governor 

Carteret. 

[From "(iiauts and ('oiiceijsioii><, " \). tjsti. | 

Copt. Carteret JYew Ym^h Jvly, 2HM, IHSl. 

I This Day received several Papers from you by Mr. 
Bullen^ and Laprery^ \vhich have been shewn and read in 



352 KEW JERSEY COLONIAL DOCUMENTS. [1681 

Counci], but find no Power thereby for you to Act in, or 
assume the Government of Wew-Jersey, and till you pur- 
suant to our former Orders and Resolves in Council, and 
your Parole to me, produce and shew a sufficient Authority, 
you are and I do hereby require you to desist Acting in 
any pul>lick Cai)acitv, and renuiin 

Your Friend and Servant, 

Anthony Brock hoi. l^.* 



Governor Carteret to Captii'm Ih'oclliolls. 

(From "Grants and Concesssions," j). (i8T.] 

Elisahdh-Totrti -ist/i Juhj, IH.sl 
Capt. HrockJioUs, 

Sir, I have receix'ed yours of the 26th Instant, by Mr. 
BuUe)u and Mr. Ijiprerij. I have a Povrer sufficient to 
Act as Governor of Fji4 Xcii:-Jer><<iii^ and am no more 
bound to give you and your Council an Account thereof. 
then you are obliged to give me an Account of yours : 
When you do produce to me by what legal Authority you 
are so confident to controul my Proceedings, I will shew 
you mine to contradict it. In tlie mean Time I will send 
vour uncivil Answ^er for EiKjland, where your late Gov- 
ernor and his Councils unjust Proceedings, are alread}'- 
disowned by your Master, and condemned to be illegal by 
ail in General. I did send you a Copy of his Royal High- 
ness Grant attested by the Secretary of this Province, of 
which you seem to take no I^otice of, nor of my demand 
of the Surrender of Staten-Island unto me, by which I con- 
clude a denial, I renuiin 

Your Friend and Servant, 

Ph. Carteret. 



1 Anthony Biockholls was left by Governor Andros in charge of tlio Government 
of New Y'ork, on leavin;;for Enjjhmd, in January 16><1. Ed. 



1681] COV. ( AFM'KKET TU LADY CARTKRET. 853 

Go>'ii')i(H' ('<irf< rrf fo Ijidij hl/r,,ilh't/i (\iii>i'(f. 

(Kidiii •• (Jiaiits and ( 'oucfssions," ji. tIfV. I 

Madam. 

YoiK lloiiour will .see bv the iiR-losed Letter of ('apt. 
Brock/tolJx, Coininaiider in Chief of New-Yorh Govern- 
ment, under his Royal Highness, the Answer to mine and 
the Conncils demand of Staten-Idand, which is as much 
vour Honour's due as any other Part of this Pi-ovince, with 
my reply unto it, by which your Honour will understand 
the continuance of tiieir Obstinacy and unjust Proceed! ngs, 
which if not taken oft" by iiis Royal Highness and pnnisiied 
in Sir Kdniund Andm.ss^ now you have him in EmjldniJ, 
we shall never be at quiet. The last Week the Council 
and General Deputies of the Asseml)Iy did meet for the 
Settlement of the C-ountry, at which Time they all ummi- 
mously voted and concluded, that Sir Edinund AndrotiS^ 
and Abettors, Proceedings against this Government was 
illegal; some other small Things was done, which your 
Honour shall have account in due Time; and so adjourned 
to the Month of Oriohei- next. The Ship is just a going to 
set Sail, and have not Time to add more, than that 
1 am Madam 

Your most humble and faithful Servant 

[July ;Jilth, ir.Sl.] ^ Ph. Carteret. 

Slf doll It ]\ f /■f/r/i ti> Si I' Aden ApxhiJ^ Kn'njhf. 
|Fiom"Xe\v Ymk Colnuial Ducuments, " Vol. III., p. -jai.J 

Kdinburgh S Aug"*' (81) 
Sir \K,i',ii'(i<i.\ 1 send you here inclosed (by the Dukes 
co'mand) a copy of a I're w*"^ I rec" on last Saturday night 
late (w'''' the Duke hath seene) as alsoe tlie inclosed from 
y*' Duke for Lieuten'' Prockholls. In case yon (w^" 1/ 
Hyde and Co": Ligge and w"' else you please, but especially 



354 NEW JERSEY COLONIAL DOCUMENTS. [1681 

y« Dukes Councell or other able advice in Law) shall 
approve of its being sent, and then it is to be dispatched 
away by the first opportunity. But if you thinke it not 
fitt to be sent, then the Duke expects you should assoone 
as possible send him all yo"" opinions, w"^ is fitt for him to 
doe in this matter. You may remember how often you 
have heard w* the consequences would be of y** late releases 
to y*' Quakers and S!' Geo. Carterett of New Jersey, viz"^ 
the certaine losse of the trade and revenue of New^ Yorke, 
and (though at p''sent y' losse seemes a little hastened by 
the oversight of the Ofiic'' of tlie Customes or scruples of 
y« Lieuten* there) I believe you will find y' inconvenience 
could not be long prevented. For supposeing it to be in 
y^ Dukes powder lawfully to impose Customes for the 
"future (w'^" in complyance to S'' W'" Jones his opinion, I 
begin to doubt) as not haveing any stronger reasons to 
believe it now then those w'''' he overruled ; yet it is most 
probable if the Duke doe make use of y* legall authority, 
it will in a short time be of noe other effect y° to ruine 
New Yorke by driveing all the inliabitants from thence, 
only crosse y'^ river to New Jersey where they may trade 
freely without being lyable to any such publique payni*^ 

I am &c 

To Sr Allen Apsley KnP Trea'r and Kec'Gen" to his R" IP' 



Procee<HiHj8 of the Govenior and Council, and the 
Assemlly of New Jersey. 

[From -'New York Colonial Documents," Vol. III., p. 293.] 

A Coppy of the Proceedings of the Governo'" Councell and 

Assembly att a Court held att Elizabeth Towne in 

New Jersey from Octo'" the 19"' to November 2^^ 1681. 

Wee the Representatives desire to bee informed whether 

wee are to look upon the late Grant from the Duke to the 

Proprietors as the Foundacon of our Governm^ Octob' the 

W^ 1681 Sam^^ Dennis CI. to the Dep''' 



1681] GOVERNOR, COUNCIL AND ASSEMBLY. 355 

Tlie Answer. 

The Pattent from the Duke of Yorke to the Proprieto'"'' 
upon which o"" Concessions are grounded setts forth the 
foundacon of our Governni'^ as you haue been confirmed 
und'' his Mat'^^ owne hand and wee well hoped that none 
of the seed sowne by Sr Edmond Andross had taken soe 
deep a roote as that any of the Dep^^ of this Province 
should att this time question the foundacon of o"" Governm' 
unlesse they would improue their small Tallant to Justifie 
S' Edmond Andross his acc'ons wherefore we desire in the 
prosecution of yo'' Dutyes that you would fall upon some- 
thing that may be for the good of the Province 

By order of tlie Governo"" & Councell 10''^ Octob'" lOSl 

Ja: Pollen Sec!' 

A true copy with y" originall by me 

SxVM^.^ Dennis Cler. to the Deputies. 



To the Deputies 

In answer to yo'' Reply. In soe much as you have dis- 
puted the basis and foundacon of our Governm', we think 
itt convenient to haue a committee appointed of 3 or -4 of 
this house and as many of yo'** to debate and remove these 
Scruples whereby there nuiy be a good understanding 
between us. To be this afternoon. 

By Ord"- of the Governo^' & Co" 

Octob"" 20. 1G81 Ja: Bollen Sec"" 



October the 20*'' 1681 A Committee appointed by the 
House of Debate the matter relateing to the aboue written 
as namely Cap* John Bowuie Speaker of the house, Mr 
Tho: Johnson, M!" Edward Slaughter, M'' John Elsby, 
Iiesolved that the Concessions graunted by the Lord John 
Berkly and S'' George Carterett Bareing Date the 10"' fFeb 
1664 to all such persons as are or shall become fFreehold'* 
in the Province of New Jersey is to be taken according to 
the Letter w*''out any Interpretacon whatsoever 

Octob'' 20*" 1681 Sam" Dennis O to the Dep*^ 



356 NEW JERSKY COLONIAL DOCUMENTS. [1681 

A Reply to an Answer of a Qiiere made by this 

houne to the (loverno^' and Conncell 

Wee intended no more than a Right Understandino- as 

necessary to a Right Proceeding what canse or siispition 

to the Contrary we know not. Wee lioped those scruples 

had been removed the Last ]neeting therefore desire all 

Reflecting Expressions may be forborne as not tending to 

Peace. Octob'' 20*'' 1681 

Sam'^'- Dennis C to y^ Dep'*"* 



To the Deputies 

In answ*" to yo*" Bill of the 20*'' Instant wee Desire to bee 
informed what Misinterpretac'ons wee haue putt upon all 
or any parte of the Concessions granted by the Lord 
Barkly and S'' (George Carterett October the 2^^ 1681 

By ord'" J a, Bollen 8ec. 

Wee the Representatiues of the Inhabitants of this 
Province being Informed of the many Encroachm'** made 
upon the Concessions bareing Date 10 ffeb 1664 by Inter- 
pretac'ons Contrary to the Litterall Sence of the same tend- 
ing to the subversion of the Priviledges of the Inhabitants 
more Espetially a Certaine Paper called A Declaracon of 
the true Intent and Meaneing of us the Lords Proprietors 
and Explanac'on of their Concessions made to the Adven- 
turers and Planters of ISTew Ca^sarea, or New Jersey, 
Dated the 6**" Decend/ 1672 and pretended to be signed 
by John Lord Barkely and S^ (Teorge ('Hrterett. 

Resolved that the said I:*aper is a Breach of the Conces- 
sions under the Pretence of w'^'' certaine persons have pre- 
sumed to Act to the greate prejudice of the Fidiabitants 
here settled. 21"' Octob!- 1681 

Sam^ Dennis CI. to the Dep* 

Foi- the l)ep<*'^ 21 Octo' 1H81 
To yo"-' of this Instant, this signifies that you haue been 
Informed of many Encroachm*'' made upon o'' Concessions 



1(!S1] (;ovKRXoK. ('(.rxcM. and asskmhlv. 857 

1)}' a Certain l*a])er preteiuk'd to be si<i,ned bj Lord -Jolm 
l>ei-klev and S'.' (Icorgc Carterett. In case any sncli Kn- 
(•r(ta<'hni'M_)i' made ii|)on our ( 'onccssions by vii'tiie of ;i 
Paj)er pretended to be siiiiied as aboiiesaid wee Desiiv to 
l»e fully informed thei'eof botb as to the Eneroaclim' and 
tlie ))ersons that lune Kiu-i-oacbed 

Hy the ( )rd'.' of the Councell Ja. ISoi.len See. 

The House Adjourned 'till 22'" r)ct(»b'' to Eight of the 
Cloeke. Octob' 22'" att Eiulit of the docke the house mett. 



To ()' lioiK*' (rovei'iio' and liis ( 'oiiiicell ( )(*t(>l>' 22''' 

1681 
In answer to yo'' last of the 21'" of (Jcttd). l(iSl in di-de]- 
to giuing you a full understanding of the Matter in Debate 
wee desire a Committee may be chosen out of l)oth houses 
4 or 5 of each to nieete eithei' tin's Pi-esent Instant or Mun- 
day next as you shall see Best 

Sam'-^ Dknnis CI. to y Dep"* 



Foi' the Dejmties 22 OctidV ](>81 
In answer to yo'''* of this Instant Mee doe appoint Mon- 
day next Betweene 11 or 12 of Clock to Debate the Mat- 
ter in (\)ntro\ersey betweene ^! or 4 of the memb''' of Each 
house 

Wee haue adjourned o' meeting till the time abouesaid 
By ( )rd' of y'' (io\erno' and Councell 

J A. B)()Li,KN See, 



Tliis house desolved into a Committie to I)el)ate the 
matt"" above expressed, the Committie are namely Cap! 
John Bowne Speaker of the house M'' Tho dohnson, M'' 
Edward Slater, M'' John Curtis, 

This house Adjourned to tuesday 25'''' Octob'" 

Tuesday spent in debates Ijetvveene the Connuittie and 
Ubteyneing a Coppy of Directions Instructions and Urd' Ac 



358 NEW JERSEY COLONIAL DOCUMENTS. [1681 

Wee the Kepresentatiues haueing perused and well 
weighed the Directions, Instructions and Ord''- of the Lord 
Proprietors in order to a Declaracon by him made of the 
true Intent and nieanino; and in Explanac'on of severall 
articles of the Concessions fornierl}' made by him and the 
Lord Barkely bareing Date the 10*"^ ffeb 1664 doe finde that 
they are in many partes contradictory to tlie said Conces- 
sions and Prejudiciall to the Power and Priuiledges of the 
Generall Assembly and people. We doe therefore desire 
and Expect that the same may be made voyd and of none 
effect Octob'' 27. 1G81 

Sam^^ Dennis CL to y*^ Dep"^ 



To the lioiise of Dep««^ Octob'' 27^'' 1681. 

In yo'*" of Even Date yon signilie that you liave well 
M'eighed the lustrum* of Directions, Instructions and Ord*"^ 
of the Lord Proprietors as alsoe a Declaracon of the true 
Intent and meaneing, and an Explanac'on of severall articles 
of the Concessions formerly made by John Lord Berkly 
and S': George Carteret bareing date the 10"' ffeb. 1664 
further adding that you finde they are in many partes con- 
tradictory to the said Concessions and Prejudiciall to the 
Power and Priviledge of the Generall Assembly for An- 
swer Yv'ee well know that the Generall Assembl}^ doth not 
consist of you tlie Dep"*^* alone wisdome is Justified of her 
Children and teacheth men wherein they stand distinct to 
anwer for themselves and not for the whole, you further 
add that you desire and expect that the boddy of the said 
lustrum* should be made void as you have had the benefitt 
of reading as well as weighing (as you say) the said Instru- 
ment. If you had alsoe had the Benefitt of understanding, 
you would neither have desired nor Expected the same to 
be made voyd, 

By Ord'.' of the Governo'" and Councell 

Ja. Bollen, Sec. 

Adjourned to ffryday "28^^ Uctob'' att Eight a Clock 



1681] (GOVERNOR, COUNCIL ANt) ASSEMBLY. 1^50 

That Whereas wee the Eepresentatives now assembled 
liaveino- made o"" aiipHeac'oii to tlie Governo'' and Connoell 
for the Abolisliing of an Insti-iiui* of writeing P]ndeavonred 
to be obtruded upon the Inhabitants of this Province 
intituled Directions, Instructions and Ord""^ of the Lord 
Proprietors in order to a Declarac'on by him made of the 
true Intent and meaneiiig and an Explenac'on of severall 
Articles of the Concessions made by the Lord John Barkely 
and Sr George Carterett bareing date the 10"* day of ffeb 
166-1. Wee haueing maturely and Dilligently Examined 
the same doe tinde them in many partes contradictory to 
the said Concessions abating the power of the Assembly 
and by that meanes infringing the ffreedomes and Privi- 
ledges of the People the Governo'" and Councell instead of 
Returning a positive Answer thereunto doe reflect upon 
the Ability and understanding of the Dejjuties and thereby 
implicitly Denyed the same, Wee are therefore Necessi- 
tated in pursuance of the trust reposed in us to make this 
o'' Protestac'on against the said Directions Instructions &c 
and Doe hereby declare the Inhabitants of this Province 
not obliged to conforme y™selves thereunto. 

Octob'- 28"' 1681 Sam. Dennis CI. Dep^.^ 

To the house of Dep*.^ 

According to the lO**" article in the Power granted to 
the Generall Assembly by the Concessions and to the end 
no EncroachmP or Contradicc'on may be putt u})on the said 
Concessions wee doe hereby minde you what the said 
CJoncessions recpiire (to wit) that Provision be made foi- a 
Competent supply for the Maintainance of the Govern'' 
and Governm* and the paymP of the Lord Proprietors 
Quitt Rent that are in Arreares and unpaid as by a Paper 
formerly sent you by the Secretary and not answered nor 
yet no returne of the Petic'on Exhibited by the Inhabit- 
ants of Bergen it is Desired that some speedy Course mav 
be taken by answering the premisses with Eifeet 

By ord"" of the Governo"" Ar Coun" Jas. Bollen, Sec 



360 NKW .lEKSKV eol.OXIAt, IKK'IMHNTS. [ICSl 

T(. the Deputies 2V) Oetol)' 16S1 
In Yours of tlie 28'''' Currant you desire to l)e informed 
of the matter to he Dehated on for answer the designe oi' 
the intended debate is that if possible whatsoever obstructs 
the accomplishment of the Well Settling the Affaires of 
this province may be Removed by a Debate of the Gene- 
ral! Assembly By ord"" of the Governo'' and Councell 

Ja. Pxmj.kn Sec. 



To the (xoveiK)'' and Conn" 
Wee eanncjt Perceve by yo'** Ditto the mattei- to be 
Debated on Therefore Desire to know the Partieulei's : 
Octob: 2i>. ir;si Sam'-'- I) EN MS 01. Dep"' 



To the Deputies 29*'' OetoV KiSl 

In yo''" of Even Date you desire to know the pertieulers 
intended to be Debated in a (Jommitte of the whole Gen- 
erall Assembly had there been only pertieulers to haue 
been debated a Comitte of less number then the whole 
generall assembly might haue been sufficient to haue 
Debated the same but doubtlesse the generall Concernes of 
the whole Province (as is fnlly submitted to you in our 
last) Requires a Debate of the Generall Assembly and to 
the End wee must stand cleare from the Guilt and Imputa- 
c'on of others offences wee desire that a generall Debate of 
the whole Assembly may be forthwith had. 
\W Ord'" of the Governo'' cV Councell 

Ja. Boi.len Sec. 

To the Dep"*^^ 29^'^ Octo'- 1681 
To'' of the 2'" [29th i] Currant wee Receiued, for answer 
we understand by the 6'?' Article In the Concessions that 
the Lord Proprietors did reserve unto themselves and theii' 
heires tfe'' full and also late power to make Interpretation 
or Interpretac'ons, Explanac'on or Explanac'ons and Altera- 
c'on of the several 1 Articles in the said Concessions and 



lOSl I OONKKNOI^ COlNflT. AND ASSKMIM.V. ?)61 

alsue- to issue fi»rtli Directions and Jnstruce'oiis to he putt 
in Execiie'on att pleasure aiul vett noe Abateni'^ of the 
Legall Power g-ninted to the genei'all Assembly nor infring- 
ing of the Liberty and Priviledge of the people as is ignor- 
antlv alleadged for tliat where a graunt is made un(UM' 
l.imitac'on and proviso what is thereby restrained is abso- 
hitely Reversed to the said Proprietors and theire heires 
iV" and that theire is such a Limitac'on and Proviso in the 
said Concessions or (irant it will plainly appeare by the 
said 6^"* Article Relac'on thereunto being had, and ir is 
matter of lamentac'on that the Representatiues of this 
Province should be soe shorte sighted that they cannot 
see that he which runnes nuiy Read 

By Ord'' of the Governo'" <k Couucell 

Ja. P)()rxEx Sec 

To tlie (Toverno'' & Couneell 
In Answer to yo'' last P'sented from yo"' Ilono'" of Even 
date that the fore part there asserted relateing to the 6'" 
Article is soe ffarr from Reason and Justice that being 
loath to declare a want of truth wee will rather conclude a 
want of due considerac'on and nnderstanding thereof, and 
that the foresight of the Inquisitors and Contrivers of this 
your last returne did want a true prospeetiuc clearly to 
perceiue what is legally to be concluded for the proprie- 
tors Interest and Common Good of the Inhabitants, There- 
fore we the Deputies for the Country are resolved to 
abide and stand by the Protest already pi-eseiited, and 
without feare hazard the menaces o'' members mett w"' 
from your house, rather then betray the trust reposed in us 
for the publi(jue Sam'^'^ Dennis CI. to the Dep^'.'^* 

Octob'- 29"' 1681 ^___ 

To the Deputies 29'^ Octob'' ICxSl 
About 12 of the clock this present Day two of yo'' mem- 
bers delivered a message from you to this board, to witt, 
that you would haue us appoint a time and place for the 



362 NEW JERSEY COLONIAL DOCUMENTS. [1681 

Convenience of tlie Generall Assembly to the end tlie 
whole might be dissolved into a Committie to debate the 
pnbliqne Affiiires of this Province And wee returned for 
answer that about two of the clock this present afternoone 
wee would be att the place ready to provide [proceed ?] 
upon the intended debate and your said members promised 
in yo'' behalfe that you should obserue the time and place 
the which hath not been performed had wee men to doe 
withall that haue regard to their Promise it would be a 
happinesse both to us and the Province you may doe well 
to call it to mind that as you have the shape of men you 
should acknowledge your Error and doe yourselues and the 
Contrivers of the Breach of the said promise and the whole 
Province soe much right as to Joyne in a Debate to be 
held by a Committie of the whole Generall Assembly upon 
Munday next by 10 a Clock of the same day to the end 
that ever}^ member of the Generall Assembly may see with 
liis owne eyes and here with his. owne Eares the things 
that concerned the present bleeding condicon of the whole 
Province to which time wee haue adjourned. 
By Ord'.' of the Governo"" and Councell 
Octol/ the 31^; 1681 Ja. Bollen Sec 



To the Governo'' & Councell. 

The stop intended in the 6*^ Article can be no Relative 
to the antecedent ffreedoms and Immunities for it cannot 
in reason presumed that the Governo'" Councell and Assem- 
bly (who haue power to make such stop as well as the 
proprietor) would infrienge the power of them Wherefore 
tlie said stop or Contradiec'on can be a relative to no other 
then the persons menc'oned in the said article with reffer- 
ence to Dutchmen thereby to prevent too many of them to 
be admitted amongst us (Xew Yorke Governm* being most 
settled by them) whereby they might in time be to strong 
for the English and and soe revolt from the English Gov- 
ernm* 

Should the stop aforesaid haue refference to the ffree- 



1681] riOVEKNOR, COUNCIL AND Assemhi.v. 363 

domes and immunities yet it cannot deprive any persons 
of these ffreedomes and Imnnities that wer settled befoi'c 
sncli stop was made and soe eonsecpiently there must l)e 
two Governo'''' one for such as came before such stop and 
anotlier for those tliat came after. Be all this granted yett 
the De])"^'"* that now are assembled are appointed by tliose 
that have been settled before such stop came and therefore 
may not be de])riued of their ifreedomes &c. The Lords 
would likely neuer haue had a thought of such Contradic- 
c'on of themselves had it not been a bratt begotten in New 
Jersey sent for Enghmd to be borne and Retransported to 
New Jersey to be fed with the groanes and ()|)pressions of 
tlie People Sam. Uenwis CI to the Dep*'" 



To the Deputies. 
This is to reminde you of what the Concessions enjoynes 
yon to doe and you are desired nott to omitt doeing what 
y*^ Concessions requires to be done as in the tenth article 
rehicon thereunto being had by act to make Provision for 
the Governo'" and Govern m^ and by act to require every 
respectiue constable in his constableree to collect, gathei* 
and receeve the Lord Proprietors Qnitt Rent, and j)ay the 
same to the Generall Receiver without charge to the said 
Lord Proprietors it is expected that you should comply 
with the said 10"^ Article in the said Concessions or forth- 
with shew cause to this Board to the Contrarj^ 
By ord'" of the Governo'' & Councell 

J a: Bollen CI. 



To tlie Governo^" &■ CV)inicell. 

In answer to yours of the 31*^ Octob'' it is the Opinion 
of this house that wee are now about ours and the Coun- 
tr3^es businesse every thing is beautiful! in his season this 
house expects that those Acts already before you should be 
passed and returned back to this house. JSTovemb. 1. 1681 

Sam^^ Dennis CI to Dep'"* 



364 XKW .TERSKV rOLONlAT. DOCUMENTS. [1681 

Nuvenil)'' the i!: JtiS]. (^aiue in ])ersoii to the house of 
Deputies assembh'd \>y tlie (lovei-no''^ writt dated 11 July 
ir.Sl Cm])' James Bollen, Cap! Heurv Greenland, M' 8ani" 
Edsall ; then and there Cap!^ Bollen did declare that he the 
said Bollen hy oi'd'' was to desire you the whole house of 
j)gpties Immediately to go allong with him the said Bollen 
to the Councell Board. 

Cap^ John Bowne Speaker to the house of Deputies 
replyed Avee desire to consider of it a little. Tjion said 
Beply Cap*^ Bollen Immediately declared he had ord"' from 
Govenio"' and Councell to declare this Pretended house of 
Dejiuties be Dissolved and you are hereby Dissolved also 
the said Bollen declared he had Order to leaue with the 
house of Deputies a Certaine Paper which accordingly he 
the said Bollen left upon the Dep*"* Table which said Paper 
next fFoUoweth upon Record. — 



Pi'uviiu-e of East New Jersey To tlie Dep''^ the l**' 
of Novemb" 1681. 

By the Governo'" & Councell 

To''** of Even Date lyes before us wherein you assume to 
yo'selues the title of the generall assembly, the truth is 
if you were all persons quallified for Dep"'* yett true wis- 
dome would teach you better manners then to stile Yo'- 
selves the Generall Assembly. Doubtlesse thei-e was no 
want of Ignorance and Disloyalty where this Bratt had its 
educac'on insomuch as that the generall assembly consists 
of the Governo'' Councell and Dej)nties ergo the Deputies 
no generall assembly, it was Lucifers Pi-ide tliat putt him 
npon settling himselfe where God never intended to sett 
him and his Presumption pi'oduced or was forerunner of 
his fall ; you sett yo'selues where the Lawes of England 
nor yett the Concessions of this Province never sett nor 
intended to sett men that are but in private Capacity, as 
upon Examinac'on many of yon will proue to be ; to the 
Point of Quallilicacon for that by the Law of England 
every maun (juallitied to Elect or to be Elected must sweare 



1681] (iOVKKNOK, (OUNCU. AM) ASSKMKI.V. 365 

to be Ica^-ally sei/.ed of an Estate in ffee of fforty shillini;-8 
p'nnnuni. besides re]M'isalls in the same (V)Uiitey where he 
claimes liis Priviledgo and by o'' Coneessioi'.s to l)eleag'eaily 
and aetnally seised of a tfi'eehold Estate by virtue of a 
Pattent from tlie Jjoi'd Proprieto''' and the; same recorded 
in tlio Secretarye's otHce, and some of you haue confessed 
and it will a])i)eare that theire are some i)ei"sons amongst 
yon not (|Juallitied accordingly and therefore butt men in 
priuate capacity and not the men intended by the writt of 
snmons. But wee being in a measure nnac(|uainted witli 
yo' Present Qnalliticac'ons which now upon encpiiry is made 
too apparent unto us haue Exchanged some notes with you 
and in your last sent to us you say that you cannott answer 
ours wherein wee put you in nnnde of Avhat the I(>'^' 
Article in the Concessions enjoyned you to doe but say 
you are about yo"" owne businesse and the Contryes, you 
pretend to be men in Publick Places butt declare in plain 
words you are iirst for yo"" private End and then for tiie 
Contryes. Private S))iritts in men in publi<|ue employ'"^ 
are the Jewels that addorne yo"" brests as is und'' the hand 
of the Clarke of the ])retended Genl' Assembly. E\ery 
thing being beautifull in its season and soe we bid you 
f aire we 11 

By Ord'' Jamks Bollen Sec 

r[)on the pretended Pesolution of the House of Depu- 
ties by Cap*^ Bollen sitting at Elizabeth Towne Xovemb"" 
the 2"^ IHSl 

The House of Dej)uties, with one Consent did protest 
against the said Disolution as being contrary to the Cou- 
cessions and an Innovac'on of the Covernm' Protest was 
Immediately made by ord'' of the house 

Sam'-'- Dexms Clerke 

A true Coppy with the Origin;dl, 

Endorsed Proceedings of the (irovernor Councell and 
Assembly att Elizabeth Towne in New Jersey from y'' 
10'" Octob'' to y« 2'' Noveml/ 1681 



366 NEW JERSEY COLONIAL DOCUMENTS. [168^ 



Lease fi'oiii Elizah<'t/i, Widow of Sir George Carteret^ and 
His Trustees, to the First Twelve Proprietors of East 
Jersey. 

[From Original in Library of New Jersey Historical Society.] 

%\X\^ ^llWkUtUlt made the ffirst day of ffebniary in the 
ttour and Thirtieth yeare of the Raigne of our Soveraign 
Lord Charles the second by the Grace of God of England 
Scotland ffrance and Ireland King Defender of the ffaith 
etc Annoq Domini 1681 ^ Between the Right Hon"!'' 
Dame Elizabeth Carteret the Relict and sole Executrix of 
the last Will and Testament of the Right Hono*'"' Si" 
George Carteret Knight and Baron' Deceased, the Right 
Hono^!'' John Earl of Bath, the Right Hono^!'' Thomas 
Lord Crew Baron Crew of Steane, the Hono'^f^ Bernard 
Greenvile Esq!" Brother to the said Earl of Bath, the 
Hono^J'" S'" Robert Atkins Knight of the Bath, the Hono^f 
SV Edward Atkyns Knight, one of the Barons of his Ma"?' 
Court of Exchecquer, Thomas Pocock of the parish of 
S^ Andrews Ilolborne in the County of Middx Gentl. and 
Thomas Cremer of the same, Gentl, of the one ])art And 
William Penn of Worminghurst in the County of Sussex 
Esq'' Robert West of the Midle Temple London Esqr, 
Thomas Rudyard of London Gentl. Samuel Groome of the 
parish of Stepney in the County of Middx Mariner, Thomas 
Ilart of Enfeild in the said County of Middx Merchant, 
Richard Mew of Stepney aforesaid Merchant, Thomas Wil- 
cox of London Goldsmith, Ambrose Rigg of Gatton place 
in the County of Surry Gentl, Tliomas Ileywood Cittizen 
and Skinner of London, Hugh Hartshorne Cittizen and 
Skinner of London, Clement Plnmsteed Cittizen and 
Draper of London, and Thomas Cooper Cittizen and Mer- 
chant-Taylor of London of the other part Witnesseth, 

1 1G81-2. 



1P>82] THE FIRST TWELVE PK< )1'KIET0RS' LEASE. ?>07 

That tlie said Earl of Bath, Lord Crew, ]^)eriiard (4reen- 
vill, S': Kobert Atkyiis and S'.' Edward Atkyns by and with 
the Consent and direction of the said Dame Elizabeth 
Carteret Testifyed by her being- a party to these presents, 
and siii:ning and Scalin^y the same, And the said Thomas 
I*oc.oek and Thomas Cremer by and with the Consent and 
direction of tlie said Dame Elizabeth Carteret, John Earl 
of Bath, Thomas Lord Cre-sv, Bernard Greenvile, SV Robei-t 
Atkyns and S^ Edward Atkyns testifyed, as aforesaid ffor 
and in Considerc^on of the sum'e of five shillings of law- 
full money of Enii'land to them some or one of them, in 
hand paid by the said AVilliam Penn, Robert West, 
Thomas Rndyard, Samuel Groome, Thomas Hart, Rich- 
ard Mew, Tiiomas Wilcox, Ambrose Rigg, John Hey- 
wood, Hugh Ilartshorne, Clement Plumsteed and Thomas 
Cooper at and before the sealeing and Delivery of these 
presents the receipt wliereof tliey doe hereby acknowledge. 
Have Granted, Bargained and sonld, and by these pres- 
ents do Grant, Bargain and Sell to the said William Penn, 
Robert West, Thomas Rudyard, Samuell Groome, Thomas 
Hart, Richard Mew, Thomas Wilcox, Ambrose Rigg ; 
John Hey wood, Hugh Hartshorne, Clement Plumsteed 
and Thomas Cooper All that Easternly part share and 
pore' on, and all those Easternly parts, shares and porc'ons 
of all that M^hole and Entire Tract of Land in America 
heretofore called New Ctesarea or New Jersey Extending 
Eastward and Northward along the sea Coasts and a Cer- 
tain River called Hudsons River from the East side of a 
certain place or Harbour lying on the soiitherne part of 
the same Tract of Land [and com'only called or Known in 
a Mapp of the said Tract of Land^] by the name of Little 
Egg Harbour to that part of the said River called Hud- 
son's River, which is in ft'orty one Degrees of Latitude, 
being the ffurthermost part of the said Tract of Land and 
premisses, which is bounded by the said River and Cross- 
ino- over from thence in a Straight Line Extending from 



1 The words between the brackets interliued iu tUo oiigiuaL Eu. 



368 KEW JERSEY COLONIAL DOCUMENTS. [1682 

that part of Huclsons River aforesaid to the Northermost 
Braneli of a certain River there called Delaware River and 
to the most Northerly poyiit or l>oundarj of the said 
Entire Tract of Land and premisses now called the north 
partic'on point, and from tlie said north partic'on point 
Extending Southward unto the most Southernly pojnt 
by a Straight and direct Line drawn through the said 
Tract of [Land from the said north partic'on point unto 
the said South partic'on point called the Line of par- 
tic'on, Dividing the said Eastendy part, share and porc'on 
from the Westernly part share and porc'on of the said 
Tract of Jjand, and all and every the Isles, Islands, Rivers, 
Mines, Mineralls, Woods, fhshings Ilawkings, Huntings, 
ffowlings and all other Royalties, Governments, powers, 
fforts, ffi'anchises. Harbours, profits, ( Joniodities and lieri- 
ditanients whatsoever unto the said Eastendy parts, share 
and porc'on, parts, shares and ])orc'ons of the said Tract 
of Land and premisses belonging or in anywise apper- 
taining witii their and eveiy of their appurtennc's, And 
the Revercon and Revercons, Remainder and Remainders, 
Rents, Lssues, and pi-otits of the same, and of every part 
and parcell thereof, All which said Easternly part, share 
and porcon, parts, shares and porc'ons are called by the 
name of East jS^ew Jersey. To irA\E and to hold the 
said Easternly part, share and porcon, Easternly parts, 
sliares and porc'ons of the said -Tract of Land and now 
called East New Jersey, and all and singular other the 
premisses herein menc'oned or intended to bee hereby bar- 
gained and sould with their and every of their a[>i)ur- 
tennc's unto the said William Penn, Robert West, Thomas 
Rudyard Samuell Groome, Thomas Hart, Richard Mew, 
Thonuis Wilcox, Ambrose Rigg, John Hey wood, Hugh 
Hartshorne, Clement Plumsteede and Thomas Cooper their 
Executors, administrators and assignes from the day next 
before the date of these presents for and unto the full end 
and time of one whole yeare from thence next ensuinge 
and fully to bee compleate and ended. ^ eliding and 



1fiS2] THR FIRf^T TWKLVE PROPRTETORS' LEASE. 369 

paying the Rent of one pepper Corne at tJie ffeast of S*^: 
Michaell tiie Arch Angell, if the same hee lawfully de- 
manded, To the intent cV: pur[)ose, that by virtue of these 
pn'tes and of the statute for transferring uses into posses- 
sion the said William Penn, Robert West, Thomas Rud- 
yard, Samuell Groome, Thomas Ilai't, Jlichai'd Mew, 
Thomas Wilcox, Ambrose Rigg, John Ileywood, Hugh 
Hitrtshorne, Clement Plumsteed, and Thomas Coojiei" may 
bee in the actuall possession of the said j>remisses and be 
thereby enal)led to accept a Grant and Release of the 
Reversion and Inheritance thereof to them and their 
Heires. In Witnes whereof tlie said parties to these jjres- 
ents have to these present Indentures interchangeably Sett 
their hands and Scales. Dated the day and yeare first 
above written. 




Bathe, Crewe B Grenville Robert Atkyns 

Edw. Atkyns Tiio: Pococke Tno Cremer. 

lOu the back.] 

Sealed and Deliv'ed by tlie within named Dame Eliza- 
beth Carteret the Riglit Hono*^'« the Earl of Bath the Right 
Hono'''^ the Lord Crew the Hono*"*^ Bernard Green vile 
Esq-- the Hon"'^ S'.' Edward Atkyns Kn\ Thomas Pococke 
and Thomas Ci'emer In the p'"sence of 

Geo Macv 
Ste: Mellichap 
Harb"^ Springett Jun!" 
Ben: Wetton 
Sealed and Delivered by the w"'in named Sr Robert 
Atkyns in the presence of 

Anna Dawson 
John Reynolds 
Fera: Whitham 
John Dangerfeild. 



370 NEW JERSEY COLONIAL DOCUMENTS. [1682 



Deed from John Fenwlcli-e to Wdl'tain Penn, for Half of 
JSev Jersey. 

[From Original Couuteriiart iii the New Jersey Historical Society Library.) 

This Indenture umde the Twenty third day of the first 
Month Called March, in y'' year According to English 
account. One Thousand Six Hundred Eighty and Two, 
Between John Fennwick by y'' name of John Feiin- 
wicks Es(j'' of Fennwicks Colony, in New Jersey in 
America, of the one Part ; and W'dUarn Penn ProprieP' 
& Govern'' of Penns'dvanla, and the Territories thereof of 
y*^ other part ; Witiiessetli That the said John Pen/nolrk 
for and in Consideration of y*" Sum'e of Tenn Shillings to 
him in hand before the Ensealing and Delivery of these 
Presents by y'' said Wdlla/n Penn well tt truely contented 
and paid, whereof y" said John Fennwiek doth hereby 
Acknowledge the Keceipt, tfe thereof & of every part 
thereof doth clearly acquit exonerate and discharge y*" said 
William Penn, his Heirs, Executo''^ and Administrate, and 
every of them for Ever by these Prewntx : And for divers 
other good causes, weighty and Valuable Considerations 
him hereunto moving Hath Given, Granted, Bargained 
Sold Aliened Keleased, Enfeoifed cS: Confirmed and by 
these Presents for himselfe his Heirs and Assignes Doth 
Give Grant Bargain Sell Alien Release Enfeoffe cfe Con- 
firme unto y^ said Wdli((/n Pmn, his Heirs ct Assignes 
for Ever, all and Every his the said John Fennancl' his 
Right Estate title Interest use possession Claime and 
demand Reversion Remainder & Property whatsoever 
which he y*" said John Fenmc'tck now hath, or hath had, or 
may at any time or times hereafter claime to have of in 
and to one whole undivided halfe part of New Jersey in 
Anierira ; Late in Copartnershipp A: Joynt Ten'ancy in 
Fee & Com'on Soccage with S'' Geonje Carteret .Baronet 
as by deed from John Lord BerVdy Baron of Sti-at- 



Ifi82] I)KKT> FROM FKXWK KK ro WM. CENN. 371 

ton, dated in Marcli one Tliousand Six Ilnndred Seventy 
Three, doth and may appear, and also All his y® s^ John, 
Feninh-k his rigiit Estate Title Interest Property claime & 
demand whatsoever, by Law or E(piity he is Intitided unto 
by virtue of his Survivourshipp or may at any time or 
times hereafter claime to have, of, in ife to y'' Tenn Eqnall 
parts of y*^ whole undivided Ilalfe menc'oned in a Deed of 
uses by him made to AV'illlatii Peitn Gawen Lowry & 
Xicolas Laca.s, dated in Eebruary one Thousand Six hun- 
dred Seventy four; { Except iny ?i\\di always for prized ont 
of this Grant to y*" s'' John Eennwick his heirs & Assignes 
y^ quantitv of one Hundred ife fifty Thousand xiei'es in 
that Tract of Land called Fennwicks Colony being part <k. 
parcell of y*^ afores'! Tenth with power and privilege hence- 
forth to hold and Keep Courte Leets tfe Court Barons 
under y*^ dovernm'^ of y*: s'? WlUlain Penn his heirs & 
Assignes in Such part thereof where he hath not already 
granted alienated y*^ pov/er of so doing together w"^ all y" 
Rents Issues & prottitts thereof in Consideration whereof 
y® s'? John Fenwick his Heirs & Assignes shall pay unto 
ye gd William Penn his Heirs & Assignes yearly for ever 
Two Buck skins on y'' Twenty ninth day of September in 
Qv^Yx year if Lawfully demanded) together with all Royal- 
ties powers services govern^** Jurisdictions tfe preheminen- 
ces whatsoever to him y^ s^^ John Eennwick in Any wise 
appertaining by virtue of all or any deeds afores^, & all 
Pattents Charters deeds writings evidences escripts and 
niinin^^- ['(] whatsoever {Except w' perly [i] relates to y^ 
before excepted & forprised Lands) touching or concerning 
ye p'niiseg or any ]3art or parcell of them To Have tfe to 
Hold all & Singular y'' P'mises hereby granted bargained 
Aliened released Enfeoffed & Confirmed w"' their & every 
of their appurtinances to Him y" s'.' William Penn his 
heirs & Assignes eVr to y"" only proper use ite behoofe of 
him y*" s*^ William Penn his heirs & [Assignes^] for Ever 
except as before is excepted And y" said John Eennwick 
for himselfe his heirs Executo'''' A: Administrat'" doth here- 



372 NKW JERSEY COLONIAL DOCUMENTS. [1682 

hy convenant jj;i'ant and agree to & w"' y'' s'^ William Penn 
his heirs <k Assignes That he y" s*! William Penn liis heirs 
*fe Assig-nes shall & may at all times for ever hereafter 
peaceably (Sz (pietly have hold use dc enjoy all & singular 
y® before granted j/mises Avith y'' Apurtenanees except 
[as before ?] excepted according to y*^ true intent & mean- 
ing hereof W^'out any Let suit or Trouble w'soever of 
and by y*" s*! John Fenwick his heirs Execuf* Adminisf** tfc 
Assignes or any other person or persons whatsoever Law- 
fully claiming by iVom or under him them or any of them 
or by his or their means privity Consent or procurem! 
And y^ free & Clear or freely & clearly acquitted exhon- 
erated & discharged by y® s'! John Fennwick his heirs 
Execuf" or Administrate of and from all manner of former 
& other gifts grants bargains sales leases morgages Joyn- 
tures dowers Judgem'^.'' execuc'ons entails and generaley of 
& from all other Titles Troubles & demands w^soever 
except w* relates to y*^ before excepted premises had made 
com'itted or done b}'' y'^' s^ John Fennwick his heirs or 
Assignes or by any other person or persons whatsoever 
Lawfully claiming by from or under him tiiem or any of 
them And y^ y'^ sf John Fennwick his heii's Execut'** & 
Adrainistraf^ shall and will from time to time or at any 
time hereafter at y^ reasonable request cost & Charges of 
ye gd W^illiam Penn his heii'S & Assignes do make acknowl- 
edge execute & suifer or cause to be made acknowledged 
executed suffei'ed & done all & every such further ik other 
Lawfull Act acts assurance & assurances for y" further tt 
better assuring & conveying of all his y® s*^ John Fenn- 
wicks his right estate title Interest property claime (fe 
demand what soever of in & to y'^ s'! New Jersey cfe of all 
and every part thereof (except as before excepted) together 
w^?' all Poyalties powers Services governm'.*' Jurisdictions ife 
preheminences whatsoever thereunto belonging unto him 
y^ s*? William Peim his heirs and assignes for evei- in as 
full & ample manner as he y" s*! William Penn his heirs 
or Assignes shall i-easonably require devise or demand 



lCyS'2 



AGKKKMEX'l' AS TO ST i;\' I\( »Hsim'. 



373 



In \\'ittiit'ss wlu'rcof v'^ Partvs .... iinst above 
mentioned To these Present Indcntin'cs Intereliang'eably 
have Sett their linnds i^' Se;ils v'' .lay ^V year first above 
written 



[seal.] 




[Ou the l>iiek.l 

Sealed and Delivered in the 
P'^senc of Tho: Holme 

Philip Th ? Sec*' 

Sam''^ Hedge 
John Smith 



Ayreenient of the Tivdve Pi'oprletoi'x of had Jer-sey a-s to 
the Beneft of tSurv'n'oi'xJi'ip. 

[From the Original in tlie Liltrary of the New .Tersey Historical Society.1 

The Deed to prveiit the beiietit of siirviv'ship by 
the Purchasers of East New Jersey 

Shi.Si ^ndfUtUVf made tlie ttirst Day of June in the 
ffour and Thirtieth year of the Itaigne of onr Soveraigne 
Lord Charles the second by the grace of God of England 
Scotland ft'rance and Ireland King Defend'" of the tfaith 
^tc Annoq: Domini 16Sl> iktlVCCli William Penn of War- 
minghnrst in the County of Sussex Esq"' of the first ])art 
Robert West of the Middle Temple London Es(i'.' of the 
second part Thomas Kudyard of London Gent, of the 
Third part Samuell Groom of the parish of Stepney in the 
said County of Midds'x marriner of the Ifourth part 
Thomas Hart of Enfield in the said Count v of Midds'x, 



374 XKNV JERSKY COLONIAL POCUMENTR. [1682 

mercht of the ttiftli part Kicluird Mew of Stepney afoi'esaid 
mercht of the sixth part Thomas Willeox of London Gold- 
smith of the Seaventh part Ambrose Rigg of Gatton place 
in tlie Connty of Surrey' Gentleman of the Eighth part 
John Haywood Cittizen and Skinner of London of the 
Ninth part Hugh Hartsliorn Cittizen and Skinner of Lon- 
don of the Tenth part Clement Plnmsteed Cittizen and 
Drainer of London of the Eleventh part and Tliomas 
Cooper (yittizen and merchant-tavlo"' of London of the 
Twelfth part ^^'hcvca.O' the said William Penn Robert 
West Thomas Endjard Sanuiell Groom Thomas Hart 
Richard Mew Thomas Willeox Ambrose Rigg John Hej- 
wood Hugli Hartshorn Clement Plnmsteed and Thomas 
Cooper have lately purchased of and from the said John 
Earl of Bath Tliomas Lord Crew Bernai-d Greenvile S'' 
Robert Atkyne Kn* of the Bath and S'.' Edward Atkyne 
Kn* one of the Barrons of his Ma"P^ Court of Excheq'' 
appointed Trustees by the last Will of S^ George Carteret 
late of Saltram in the Connty of Devon Kn^ and Barr^ 
Deceased for the sale of Lands for the payment of his 
Debts and Legacies and of and from Thomas Pocock of 
the parish of S* Andrews Holborne in the County of 
Midds'x Gents, and Thomas Cremer of the same place 
Gentleman A certain Tract of Land in America now called 
East New Jersey and All Isles Islands Rivers Mines 
Mineralls Woods fhshings Hawlings Huntings ffowlings 
and all othei" Royalties Governments powei'S fforts ffran- 
chises Harljo''.'* profitts Commodities and Hereditaments 
whatsoever to the said Tract of Land belonging with their 
and every of their Aj^purtnn'ces together with all Arrears 
of Rent incurred since the Death of the said Sr George 
Carteret And likewise have purchased from Dame Eliza- 
beth Carteret the Relict and Sole Executrix of the said 
S'.' George Carteret All Arrears of Rent incurred and 
grown Due in the life time of the said S'.' George Carteret 
as in and by the severall Grants from the said Earl of Bath 
Lord Crew Bernard Greenvile S'. Robert Atkyne S' Ed- 



1682] AaKREMKNT AS To s( m" I \ « tlJSIIII'. 37-"> 

ward Atkyne 'I'liomas J/ocock and Thomas CreiiKU' and 
fi'din tlie said Lady Carteret relation bein^- tliereviito luid 
It doth and may appear. ^\m' uitUC'i.SiftU this Indejitiire 
that it is liereb}' Declared aiul aureed by all and en'y the 
said parties to these p'sents thar the moneys paid for the 
said purehase of tlic said Ti'act of Land and p'niisses and 
also the Arrears of Kent were |)aid by the said WiUituu 
Penn Robert West Tliomas Hudyard Samnell Groom 
Thomas Hart Richard Mew Thomas Willcox Ambrose 
liio-o- John Heywood Hng'h Hartshorn Clement Phimsteed 
and Thomas Cooper e([nally and in e(|uall pportions and 
that the said purchase was made and intended for the 
equall benefit and advantage of them their seu'all Heires 
•and Assig-nes in Twelve equall parts ^ml therefore It is 
Cov'ented Granted concluded and agreed by and between 
all and every of the said parties that there shall not be any 
benefitt of Surviv'shipp amongst the said parties for oi- 
concerning all or any of the said p'niisses for or by reason 
of tlie death of any one or more of them but that the 
Heires or Assignes of all and every of the said parties soe 
Dyeing shall enjoy the share and portion thereof which 
the said severall parties now haue therein |fu u'itnf.$,sic 
whereof the parties to these p^'sents interchangeably liave 
sett their hands and scales the Day and year first above 
written 

Wm Penn Robt. West Tho Ridvard 

[L. S.] [L. S.] [L. S.] 

Rich: Mew^ Ambrose Rigo Hugh Hartshorn 

[l. s.] [l. s.] [l. s.] 

ISa:mlel Groom Tho: Hart Tho: Willcox 

[l. s.] [l. s.] [l. s.] 

John Heywood Clem^ Plumsted Tho: Cooper 

[l. s.] [l. S.J [l. s.] 



376 



NEW JERSEY COLONIAL TMU'UMENTS. 



il6S2 



Sealed uik 
h\ the within named Wil- 
liam Penn and Ambrose 
Rigg" in the presence of 

Harb' Spring ett 
J. S Swintox 

W*' (tIBSON 



[On the back.] 

delivered Sealed and Delivered by 
the within named Robert 
West Thomas Kudyard Sam- 
uel Groom Richard Mew 
Thomas Hart Thomas Wil- 
cox Hugh Hartshorne John 
Heywood Clement Plum- 
sted and Thomas Cooper in 
the presence of 
W" Gibson 
Edmund Barringtun 
Harb' Springett 
W^ Gibson 



Coiii/ntsKHVhs of Tlutniii^ Rudiianiy (m Secretary and 
RegiMer^ and SaiDHi-l Grooiii, ax Receiver General, 
of East Jei-seij. 

[Fvoiii Copies anions the Mannscripts of W. A. Whitehead.! 

Robert Bakclay Esq" Proprietor tfe Governor and 
the rest of the Proprietors of the Pi'0\ince of 
' East new Jersey 

To our trusty dc' well heloved Thomas Rudyard Gent Send 
Greeting. 

I the said Robert Bai-clay being well assured of thy Skill 



1 Thomas Ri'Dyakd was originally from the town of Rudyard, in Stattbrdshire ; 
but, at the time of his appointment, was a resident of London. His legal attainments 
were thought to be of a high order, and it was probably his connection with the 
trial of William I'enu and William Mead, in 1670, for acting contrary to the provisions 
of the Conventicle Act, that made him acquainted with the East Jersey project. He 
took an active interest in promoting the views of the twenty-four Proprietaries, and 
his house iw ' irge Yard, Lombard street, became the depository of their papers, 
niap.s, iLc, for i .formation uf inciuirers, He came to the Province in November, 



]flS2] CdMMISSIoX (IK 'I'HoMAS IM I • VA i;l). 377 

])ni(U'iK'(_' and Iiiteii;rity, luive tliouglit fit aiul do by these 
presents l>y and witli the eonsent of the Said Proprietors 
Nominate Constitute and ai)])()int tJiee Secretary and Clieif 
Register for so long time as tliou shalt well and faithfully 
behave thy Self therein : Hereby authorizing thee to be 
])resent at all meetings of the Dep^^ (tovI" and Councill of 
the Said Province, and to take and keej) an exact Register 
of all their Acts Orders and Constitutions, As also to 
receive from the Survey!' Generall of the Said Province 
All certificates of land by him laid out and Surveyed for 
any person or persons whatsoever according to the Warrant 
from the Deputy Governor and Councill, And the Same 
certificates carefully to Register and file in thine Office, 
And thereupon by vertue of Such Warrants as you Shall 
receive from the Deputy Governor and Councill to draw 
up Such Lease or Leases Conveyance & Assurances of Land 
from the Proprietors and in their names, as Shall accord 
with the Certificate and the foi'in of Assurance now used 
in the Said Province, which being Signed by me or the 
Deputy Gov'' & Councill and Sealed with the Seal of the 
Said Pro\'ince, thou shalt carefully enroll the Same in thy 
ofhce, that recourse may be had thereunto on all Occasions 
And to do all other Act and Acts thing and things which 
do or Shall belong to the Office of Secretary and Register 
within the Said Province to the best of thy Judgment and 
Skill, And for thy doing the Same thou Slialt receive Sucli 
Salaryes ffees and perquisites as are already or by the 
Generall Assembly of the Said Province Shall be ap- 
pointed and none other. Given under the Seal of our 
Province this sixteenth day of September Annoq Dom 
1682. 

1682, bringing two daughters witli him, Margaret and A/uh-: the first of \vho)u be- 
came the wife of Samuel Winder, and subseiiuently of George Willocks, and ihe 
other the wife of John West. Ditfering from the Surveyor General as to the mode of 
laying out and allotting lands, (his Council agreeing with him,) he was superseded in 
July, 1G83. Gawen Lawrie, his successor, entering upon his duties in February. 1684. 
Mr. Eudyard continued to exercise the duties of Secretary and Register until 1685, 
when he left the Province for the island of Barbadoes. See ' Ea^t ■' y Under the 
Proprietary Governments,'' pp. 164-167. Ed. 



378 XKW JERSEY COLONIAL DOCUMENTS. [1682 

[To this is appended, in the handwriting of William 
Dockwra,* the agent of the Proprietors :] 

Aug: N B 

1687 1".' here is no power of making a Deputy 

'2'^ The grant being only personall & no longer 
time than he should well i.*v: faithfully behave 
himself therein. 

His forfeiture is notorious. 

1^.' for w^Mrawing from tlie execution of his 
duty & taking an office in another Province, in 
N. York. 

2. for vtterly forsaking his duty by settling in 
Barbados, a power to make a Deputy might have 
been a plea, but here can be no pretence, vnless 
T. R &c: count Hectorirjg & Huffing will main- 
tain a Tytle ag' all y^ world as well as ag*^ 

W. D. 

Robert Barclay Esc^" Proprietor & (iovenior and 
the rest of the Proprietoi's of the Province of 
East new Jersey 

To our tfu-sii/ and n'rll Ixlovt'd Samuell Groom Merchant 

Wee being well assured of thy Integrity and prudence 
have thought htt and do by theise presents Is^ominate Con- 
stitute and appoint thee Receiver General of the ^aid Prov- 
ince for So long time as thou Shalt well and faithfully 



1 "William Dockwra, when first mentioned in the "East Jersey Records," is styled 
•' Merchant of the Parish of St. Andrew, TTndershaft, London." Having taken au 
active part in j)ronioting emigration to the Province, by contributions in money and 
sending over settlers on his own account, he became so intimately associated with 
the Proprietors as to be made their agent, and authorized to sign for them all instruc- 
tions and other documents which were deemed necessary by him for the well order- 
ing of their att'airs. This was 1686; two years later he was appointed Receiver Gen- 
eral and Treasurer of tbe Province, and, in 1689, also Secretary and Register of the 
Board of Proprietors, performing his duties in the Province by deputy. In lGi3 a 
penny post was established in London, of which Dockwra soon after obtained the 
management, but did not retain it long. He died in 1717, leaving several sons and 
daughters, but none of the family appear to have visited America. See " East Jersey 
Under the Proprietary Governments," 2d Edit., p. 2i6. Ed. 



LH82] COMMIS>;lON OF SAMUKI. GRf>OM. 3T9 

jeliavf thy Self tlieiviii, To collect and receive all Quitt- 
•ents belonging to ns and all other moneyes due and 
payable eitlier for the publique use and Stock of the Said 
Province or for the })rivate benefit of us the Proprietors. 
A.nd to issue out all publique monyes by the direction and 
Order of our Governor Deputy Governor and Councill, and 
to remit or return our private monyes in Sucli manner as 
thou in thy Judgement slialt think fit, and to do all other 
Act and Acts thing and things that to the Office of a Ee- 
[ieiver Generall doth belong ; And for thy So receiving and 
disbursing the publicjue Mon3'es thou Shalt receive Such 
Salaryes ffees and Perquisites as are already or Shalt here- 
after by the generall Assembly of the Said Province be 
appointed and none other, And for our private business 
thou Shalt receive the usuall Commission, allowance of 
other fi:actors, Given under tlie Seale of our Province this 
16 day of September 1682. 

[To this is appended, in the handwriting of William 
Dockwra :] 

Qua? What blank com'ission G. L * had, for if he had 
no power to make a dep% his exceeding his power invali- 
dates y*^ com'ission especially if y*" patent was Signed & 
sealed here by y" Gov"" &c. for after that thing be added 
or any materiall alteration it makes it void 

W" Plaige never was concern'd to direct any thinge 

c\z; qua': what deputation was made by him to G. L and 
where. 

Consider y^ G. L. being dismist by puljlique order from 
y^ pr(»]n-. vndei- their province scale. 



77/r lieifn^fer of Seotlantl to S'n- JoJm WituJen. 

[From " Xew York Colonial Documents," Vol. HI., p. 329. J 

\_lL\ctf'act.'] I did write to you formerly of our desire 
who are Proprietors of East Jersey, to have our gov- 

1 Gawen Lawrie. Ed. 



380 XEW JERSEY COLONIAI, DOCUMENTS. [16!: 

ernein' ratlier liokleu l)y Charter of bis R" H^'^ y" as it is ; 
]3'"seiit by transmission from onr autbers witbout any auj 
mentac'on of our priviledues, but only to be und' j 
Dukes im'ediate prorection 
[December 21, Ifis^. | 



Si/' John We 1(1' II to tlic Lord Begisier. 

[From " New York Colonial noiiiiiieutH," Vol. III., p. 330.] 

!S* James's 4 Jan^. (8^) 
My I.ord 

I sbould liave answered yo'' Lords''" of ye 21. De 
sooner, but y^ I have waited a o^ood opportunity to mal< 
v^ proposall mene'oned in yo'' letf about y^ East part < 
New Jersey. 

And now I am to desire a little furtber explanation ( 
w* is aymed at in y- proposall, y* is, wbether tbe Propriei 
of East New Jersey designe to Joyne y' to New York (i 
lieretofore) as a part of y' governem'^ and soe share in 
by sending tbeir Ilepresentatives to y*" Assembly at Ne 
Yorke (in snob number as may be agreed on, if it 1 
thought lift) and eontri]>uting to y*" publique charge i 
propore'on tfcc or else wbetber baveing tbeir governem^ i 
E. New Jersey bolden by Charter from bis E" H' im 
diately rather tben by transmission from their Autho 
(as vo'' Lre expresses it) and being und'' the Dukes prote 
tion to be understood only of tbe Dukes conlirmac'on ( 
their rights & possessions there, as they are derived uni 
y'" from Sir Geo. Carterett or his heires, by Yertue ( 
y*" Dukes grant heretofore to him and y"' 

Moreover for the ease of negotiating y** affaire I desii 
yo'" Lords'' will appoint some one (well instructed) empo\ 
ered- to answer such objecc'ons as may be started by h 
R" H'* Com''" here, w" y* is layd before them. 

To tbe IV. Hon^''*' the Lord Register in Edinburgh. 



683] JAMES NEVTLL TO GOVERXOR PENX. 381 



LeWr from Jaiite.^ JVcrill lo (rovi t-nor Penn. 

[From ' I't'iiiis\ Ivaniii Airhives, \ol. I.. |>. of) | 

Oeare Friend 

On the iii>t day of this weeke, after v*" meeting, I in- 
ormed friends. That 1 had some matter of importance to 
mpart to ye people, and desired them to give notice there- 
)f to as many as they could, to meete at Salem on the next 
lav; accordingly, there came together about ;><> psons, to 
.vhoni I read the inclosed, at w''*" George Deacun, .John 
riiompson and seaverall others seemed highly displeased, 
raying they would stand by the Concessions. 1 demanded 
)f ye two foremensconed persons, whose leggs they would 
^tand on, for their own legg had fail'd them formerly, 
fee. : they asked what I had to doe to medle in such Mat- 
ters, w*^^ out acquainting them : 1 answered, I thought y*"" 
not psons fitt to be of my Conncill, &c : ISome said, if the 
Governm* belonged to thee, thou might assume it w'"out 
our ])eticoning thee thereto : J I'eplyed, thou wonld'st 
rather have it by consent of the people also ; for W"" 
Called ye Conquer'' acknowledged he was chosen King, by 
the consent of ye people : nia'y words past, when it ap- 
peared y' some had not learn'd how to keepe Silence, nor 
yet to speake to purpose ; at hist it was agreed that all ye 
Inhabitants should have Notice to meete on the second 
dav of this instant mo*", and about 6(> psons came together ; 
the most part willingly Subscribed, & all ye rest, except 
two psons (after along dispute) did the like, All generally 
desiring thee to admitt, that the people may have the 
Nomination of thy Deputy Gov'no'' and the Justices of ye 
peace; John ffenwick did not appeare, his son Hedge told 
me he thought his father would not doe any thing until 
he had been w*'' thee ; I have sent thee herew"' his Com- 
mission, desiring it may never come to his hand, for the 
people have had so mucli ex])erience of his ambition, itc. 



3.S2 NEW JERSEY COJ.ONIAL DOCUMENTS. [168i 

formerlj, and it is credibly reported that he hath boaste( 
(Since thy being here) y' all is his : That very few or non< 
of the Sober j^eople can willingly rec" him in Authorit; 
except I should aecpiaint y'^''^ w^^ ye meaning thereof, w'' 
I thinke will not be expedient ; and I doe foresee y* h( 
and his Tribe wilbe so arrogant, that the peace of ye peo 
pie wilbe much disquieted thereby, if not prudentialb 
p'"vented, it may be Expected y* all things will be in dis 
ord' when bad men hold the best places of Credit, Thougl 
I could veryly hope my enemy were reconciled, and tha 
there resteth no malice in him towards me, Neverthelesse 
blame me not to be so considerate and pi'ovident, That pu 
the case he should have the will to hurt me, yet he shal 
not have the opportunity, or occasion to doe it, b}' any Ac 
of mine ; As for thee, I declared to the people that I do( 
Conildently believe that thou intend'st Such an establishm 
that men shall not have a means or opportunitj' either t( 

or prejudice the Pnblick w'^^'out extrem( 

hazard and Daing'' to y'^'^selves ; And to remove (as mucl 
as may fje) all disgusts and heartburnings, and to setle this 
country vpon the fairest probabillitys of a lasting peac( 
and Contentfull establishm' : To Defend ye poore anc 
fatherlesse, to doe Justice to the Needy, and to delivei 
yem ,^jj|- ^f |.|^y hands of those y* are too Strong and might} 
for y*^"" : This I declare w**^ integrity of heart, who am thj 
loving and Respectfull friend 

James Nevill 
Salem S'' jrst mo., 1682-8 

I think it may be the best to setle Jo° Ifetiwick in the 
Province of Pensilvania, and remove him, so that he have 
noe interest or Clayme here, least being in possession he 
Shoulde adde to his ptie, w'^'* he hath allready made for his 
pticular interest. 1 wish thyne and the people's felicity, 
and freely leave tlie ordering thereof to the Wisdom oi 
of God in thee J. N 

He hath offered to sell Land to a Tavlor ^•' workes w"^' 



1^88] GRANT TO TAVKXTV-ForR PROPRIETORS. 383 

me, tills weeke last past, _ve (|uantity 300 acrs, and to sell 
one hundred to a Scotchman tV give him another, both 
p'ties affirmed this in my house {v'v/}) _ve Scotchman A: ye 
Taylor. 

For AViLLiAM Pknn, Fropriet' tS: Govern' 
of FeTisilvania, These,'' — 



BeJea.'^^ from flw Duke of Yorl i<> th< Tir<^'rify-fovr 
Prof^n'ittor^ of K<id Jtr^i ij. 

[From " Grauts and Coucessious, " p. 141.] 

This Indenture made the Fouiiernth Day of March, 
in the iive and Thirtieth Year of the Reign of our Sov- 
ereign Lord Charles the Second, by the (Trace of God 
()i Ertgland, Scotland, Franw and Ireland King, Defender 
of the Faith, &c. Awno Doriilni 1682.^ Between his 
Royal Highness the most illustrious Prince James, Duke 
of Yorh and AUmiy, Earl of fU^sfrr, &c. only Brother to 
our Sovereio-n Lord the Kinu', of the one Part, and. the 
Right Honourable James Earl of Perth, of the Kingdom 
of Scotland ; the Honourable Jolm I)rniniinm(K oi Luiidij, 
in the said Kingdom of Si-otland, Esq., Bohert Ban-lit/, of 
Eunj, in the said Kingdom of Srotland, Esq; Bavid 
Bartddij, jun. of Bury aforesaid. Esq ; Bohert Gordon, of 
of Clxiii/, in the Kingdom of Srotla/ul, Esq ; Arent Son- 
i/uins, of Wallin'jfofd, in the Kingdom of Scotland, Esq ; 
William Penn, oi Wornihiyhi(rst,'m the County of Su^k- 
sex, Esq ; BoheH Wed, of the Middle Temple, London, 
Esq ; Thomas Budyanl, of London, Gentleman ; Samuel 
Groome, of the Parish of Stepney, in the County of Mkl- 
dlefsex, Marriner ; Thomm Hart, of Ertfeld, in the said 
County of Afiddlesex, Merchant ; Bichard Mew, of Step- 
ney, aforesaid, Merchant; Andjrose Bigg of Catton Place, 
in the County of Surry. Gentleman ; Thonuts Cooper, 
Citizen and Merchant Taylor, of London ; Gawn Laniry, 

1 Miuch M. 168-i-3. 



384- NEW 'jersey colonial documents. [1683 

of London^ Merchant ; EdnyinJ Billinge^ of the City of 
Westminder, in the Count}^ of Middlesex, Gentleman ; 
James Brahic, of London, Merchant ; Willuini Gihson, 
Citizen and Hal>erdasher, of London ; 'John, Ilayvxtod, 
Citizen and Skinner, of London y IIn<jJi Uarfxhoi'n, Citi- 
zen and Skinner, of London; Clenu'nt I^lnmstedd, Citizen 
and Draper, of London ; Thomas Barlief, of Ljmdon, 
Merchant ; Mohe/i Turner, of the City of Dnhl'in, in the 
Kingdom of Ireland, Merchant ; and Thomas Warne, of 
Dvhlin, aforesaid, in the said Kingdom of Ireland, Mer- 
chant, of the other Part. Whereas our said Sovereign 
Lord the King's Majesty, in and bv his Letters Patent, 
under the Great Seal of England, bearing Date tlie Twelfth 
Day of Mareh, in the Sixteenth Year of His said Majes- 
ty's Reign, did amongst sev^eral other Things therein men- 
tioned, give and grant nnto his Royal Highness James 
Duke of Yorh, his Heirs and Assigns, all that Tract of 
Land adjacent to Kew- England, in the Parts of AnieruYi, 
and lying and being to the Westward of Long-Island and 
ManJiaU<(!<Isl<tnd, and bounded on the P^ast Part by the 
Main Sea ; and East by ILndson\s R'roer ; and hath on the 
West, Delaioare Bay or River ; and extendeth Southward 
to the main Ocean as far as Cape-Maij, at the Mouth of 
Delaware-^'Aj ; and to the Northward as far as the North- 
ermost Branch of the said Bay or River of Delaware, 
which is in one and Forty Degrees and Forty Minutes of 
Lattitude, and crossing over thence in a streight Line to 
Hudson^ s River in one and Forty Degi'ees of Lattitude ; 
which said Tract of Land was then after to be called by the 
Name of JSfeAO-Ckesarea or Weic-Jerseij, with all the Lands, 
Islands, Soils, Rivers, Mines, Minerals, Quarries, Woods, 
Marshes, Waters, Lakes, Fishings, Hawkings, Huntings and 
Fowlings, and all other Royalties, Prolits, Commodities 
and Hereditaments, unto the said Premisses belonging and 
appertaining, with their and everj^ of their Appurtenances : 
And all his said Majesty's Estate, Right, Title, Literest, 
Benefit, Advantage, ('hiira mtuI Demand of. in and to the 



1683] GRANT TO TWENTY-FOIK FKOFRrKTORS. 885 

same Premisses, or any Part or Parcel thereof, and the 
Reversion and Reversions, Remainder and Remainders, 
toofether with the vearlv and other Rents, Revenues and 
Profits of the same, and uf every Part and Parcel thereof, 
to hold unto his said Rojal Highness the said James Duke 
of York, his Heirs and Assigns forever ; to be liolden of 
his said Majesty, his Heirs and Snccessors, amongst other 
the Things therein granted, as of his Majesty's Mannor of 
East Gn^enirir/i, in his Majesty's County of Kent, in free 
and common Soccage, and not in Ca[)ite or Knight Service, 
under the yearly Rent therein mentioned. And Whereas 
his said Royal Highness James, Duke of Yot'h, did here- 
tofore by several good and sutficient Conveyances and 
Assurances under his Hand and Seal duly executed, the 
twentii-fJiird and ttrcDtij-foiirth Days of June, in the Six- 
teenth Year of his said Majesty's Reign, for the Considera- 
tion therein mentioned, grant and convey the said Tract of 
Land and Premisses before mentioned to John Lord Berke- 
ley, Bai'on of Stratton, and one of his Majesty's most 
Honourable Privy Council, and Sir George Carteret, of 
Saltere/n, in the County of /^o'fo/. Knight and Baronet, 
and one other of his Majesty's most honourable Privy 
Council, and their Heirs, the said Tract of Land and Prem- 
isses before particulai'ly mentioned, and the Reversion and 
Reversions, Remainder and Remainders of the same, To 
Hold nnto the said John Lord Berkelrij and Sir George 
Carteret, their Lleirs and Assigns forever, under the yearly 
Rent of Twenty Nobles Sterling, payable as the same is 
tliercin reserved to be paid. Axd Whereas His said 
Majesty did by other his Letters Patents, dated the twenty- 
ninth day of Jxne in the six and twentieth Year of his 
said Majesty's Reign, grant and convey unto his said Royal 
Highness, and his Heirs forever, as well the said Tract of 
Land and Premisses herein before recited to have been 
granted and conveyed by his said Royal Highness, unto 
the said JoJtn Lord Berkeley and Sir George Carteret as 
aforesaid, as all other the Lands and Hereditaments in and 



386 NEW JERSEY COLONIAL IKXTMENTS. [1683 

bj' the said la-rein first before recited Letters Patents 
granted, or mentioned to be granted. And Whereas his 
said Royal Highness by his Indenture of Lease and Release. 

bearing Date the of -A'%, in the six and 

twentieth Year of his Majesty's Reign, did grant and con- 
vey the said Tract of Land and Pi-eniisses, to the said Sir 
George Carteret,, his Heirs and Assigns, as l)y the said 
Indenture, Relation being thereunto had, may appear. 
And Whereas upon a Partition made of the whole and 
entire Premisses, between the said Sir Gcorg^' Carteret and 
Williani Penn of Worming/ia/'.s/, in the County oH /Sussex, 
Esq ; Gaivn Ijnrry, of London, Merchant ; NieJiolas Lura>i^ 
of Hertford, in the County of ITertford, Malster; and 
Edward Bylh/ii</<', of We.sfi,ilnst<r, in the County of Mid- 
dlesex, Gentleman; in whom the Fee Simple of tlie said 
Lord Berl-etei/s^ undivided Moyety, of all and singular the 
Premises, by good and sufficient Conveyances, was then 
vested the said WdHdm Penn, (rairen Ljui^rij, Nicholas 
Lue:a\ and Pdiraj-d Biillijnge, did bargain, sell, release and 
confirm unto the said Sir George Carteret, his Heirs and 
Assigns, all that Easterly Pai't, Share and Portion, and 
all those Easterly Parts, Shares and Portions of the said 
v/hole and entire Tract, of Land and ]'remises before men- 
rioned, extending Eastward and Northward along the Sea 
fvoasts and the said Pivei- called Hudson s River, from 
the East side of a certain Place or Harbour, lying on the 
Southerly Part of tlie same Tract of Laiid, and commonly 
called or known in a Map of the said Tract of Land, by 
the narne of Littl'' Egg-lhirttour, lii that Part of the said 
River called Ihidxon'^x River, which is in Forty one De- 
grees of Lattitude, being the Northermost Part of the said 
Tract of Land and Premisses, which is bounded I)y the 
said Rivei- ; and crossing over from thence in a straight 
Line, extending' fi-om that Part of II ii(h(>nx River afore- 
said, to the Nortlu-rmost Branch of the aforementioned 
River called Drhnrdi-i' Rivei-, and to the most northerly 
Point oi- Boniidarv of the said entire Ti'act of Land ami 



16S3] 



GRA.NT TO TWENTr-FOUR PROPRIETORS. 



387 



Premisses, now called the North Partition Point ; and from 
thence, that is to say, from the North Partition Point, 
extending Southward, unto the more southerly Point, by 
a straight and direct Line drawn through the said Tract of 
Land, from the said North Partition Point unto the said 
Soiith Partition Point, by the Consent and Agreement of 
the said Parties, now called the Line of Partition, and by 
them intended for the dividing and making a Partition of 
the Easterly Part, Share and Portion, from tlie Westerly 
I'art, Share and Poition of the said Tract of Land and 
Premisses ; and all and every the Isles, Islands, liivers. 
Mines, Minerals, Woods, Fishings, llawkings. Huntings 
and Fowlings, and all other Iloyalties, Governments, Pow- 
ers, Forts, Franchises, Harboui'S, Profits, Commodities and 
Hereditaments whatsoever, unto the said Easterly Part, 
Share and Portion of the said Tract of Land and Premis- 
ses, belonging or in any wise appertaining, with their and 
every of their Appurtenances; and all the Estate, Right, 
Title, Interest, Claim and Demand wdiatsoever of them the 
said William J^enn, Gawn Lawry, Nicholas Lucas and 
Edward Bt/llyruje, and of each and every of them, of, into 
and out of the said Easterly Part, Share and Portion of the 
said Tract of Land and Premisses, and every Part and 
Parcel thei'eof, and the Reversion and Reversions, Remain- 
der and Remainders of the same, and every Part and 
Parcel of the same : All which said Easterly Part, Share 
and Portion, Parts, Shares and Portions, was and were 
then, and now is, and are by the Consent and Agi'eement 
of the said Parties to the said Partition, called and agreed 
from henceforth to be called by the Name of East New- 
Jersey ; and is all that, and only that Part, Share and 
Portion, and all those Parts, Shares and Portions of the 
said Tract of Land and Premisses, so conveyed by his said 
Royal Highness as aforesaid, as lyeth and extendetli East- 
ward from the East Side of the said Line of Partition 
before mentioned, To Hold to the said Sir George Carteret, 
his Heirs and Assigns in severalty, to the Use of him the 



388 NEW JKRSKY COLONIAL DOCl'MENTS. [1683 

haid Sir (icofije Cdiicrt't, Lis Heirs and Assigns forever ; 
npon wliicli Partition so made, and such Conveyance so 
executed as aforesaid, he the said Sir Georye Carteret be- 
came seized of all that Easterly Part of the said Premisses, 
now called Ead Kcm-Jerseij, with its Appurtenances in 
sevei-alty. And AVhekkas the said Sir Gcoi-ijr ( '<iii('i'<i 
being, by A^irtue of the said Assr.rances and I'artition 
aforesaid, become sole seized to him and his Heirs of the 
said Premisses called haxit Xew- Jersey, by his last Will and 
Testament in Writing, bearing Date on or about the ,//>'/// 
Day of Decemhcr in the Year of our Lord One Thoitsioid 
Six JTimdred Sectuitij (IikI Ei(jht, did devise the same, and 
all his Estate therein, amongst other Things, to the liight 
Honourable Edtcard, Earl of Satuhvieh, the Eight Hon- 
ourable John Earl oi Bath ; the Right Honourable Thomaf<, 
Lord Crew, Baron Crca:, of Steane ; the Honourable Ber- 
nard Greenville, Esq ; Brother of the said Earl of Bath ; 
the Honoui-able Sir Jiohert Atluns, Knight of the Bath ; 
the Honourable Sir Edamrd Atlins, Knight, one of the 
Barons of his Majesty's Court of Exchequer, and their 
Heirs in Trust, to sell the same for the Payment of his 
Debts and Legacies, as in and by the said Will, Relation 
being thereunto had, may appear, and shortly after dyed. 
And AVhereas the said JoJm, Earl of Bath ; 77to)na.s, Lord 
Crew- Beruai-d GreeticiUe ; Sir BoJxrf Afkins ; and Sir 
Edward Atkin.s, by Indentures of Lease and Release, i)ear- 
ing Date the ^p'f/h and .'<i,rth Days of Manh. in the two 
and thirtieth Year of his Majesty's Reign, conveyed the 
said Premisses, amongst other Things, to Thomaa Creiuer, 
of the Parish of St. Aadrras, Ildlhonrne, in the County of 
. Middlesex, Gentleman, and Thomas Poeoel' of the same, 
Gentleman, as by the said Lidentures, relation being there- 
unto had, it may appear. And Whereas the said Earl of 
Sand/irieh, by his Indentui-e l)earing Date the Twentieth 
Day of Eihrnarij last past, hath released all his Estate, 
Interest and Ti-ust in the said Premisses, to the said Earl 
of Bath,^j()\'<\ Cnir Bmiard (r reeirrille,'t>\Y Ii(>l»rf Atknix, 



ir)Sr>] (JIJANT TO 'rWKNTV-FOrri rilol-KIKToRS. 38S> 

and Sir I-'<lii'<ir<l AfL/ns, mid their Heirs, ;is bv tlie said 
Indenture, i-ehition being thereunto had, niiij appear. Ami 
Whereas the said Earl of />r/M, Loi-d Crcir, Beriuwd 
G !'»'<■ n rilh\ Sir liolxi'f Atl,'!n-s, and Sir F.dirniul ^{fl'ni.s, 
])y the Consent and Direction of Dame El'izahi'tli Carii'i'd, 
Helick an(] Executrix of tlie said Sir (Teoiujt- Carfcrcf ; and 
tlie said llionids Crevici' and Tlioitiiis. J^onx^l^ by tiie (\)ii- 
sent and Direction of the said Dame El'izaheth Carteret, 
Earl of Bath, Lord Vrea\ Bernard Greenville^ Sir Ralxi-t 
Atkhh% and Sir EdaHird Atl'Jnx, have by Indentures of 
Lease and Release, bearing date the first and second Days 
of February last past, granted and conveyed to the said 
Wdliaia. PeriJi^ liohcrt TF^W, T/iomas Jtudi/urd, Siiiniil 
Grooiin', Thoauf.s Jfart, Uh-liard Af.eii\ Thoiaax Wdco.r, of 
London Goldsmitli, And/rose 7//V/y, John //f/f/iroo(/, Untjh 
Ilarts/iorn^ Ch'nient Plumstead,?i\\il Tlunnas Coopei\ \\\^\v 
Heirs and Assigns, all the said Premisses called East Neu^- 
Ji^rxcii, together with all Isles, Islands, Tvivers, Mines, 
Minerals, AV^oods, Fishings, Hawkings. Huntings, Eowlr 
ings and all other Royalties, Privileges, Franchises, Forts, 
Harbours, Protits, Commodities, and Hereditaments what- 
soever, thereunto belonging, as in and by the said Lulen- 
tures, relation being thereunto had, may more at large 
appear. And whereas the the said A\dJhini, Perm, UeiJxrt 
TIV.sY, Tlio)raix liadyard, Samuel Groorne, llioiuas Ilart^ 
P'(c1oir<l APw, Tlioinax Wdeo,P, Andn'ose Ii''(j(j. Jidni I/a;/- 
inood, llucjli Hartshorne^ Cleno'nt Plunistead^ and Thomas 
Coopir, have since conveyed one Moyety of the said Tract 
of Land called East Neio-Jerseij^ and of all other the Prem- 
isses to the said James, Earl of P*ertJi, John Drummond, 
Rolh rt Barel-hj, Ilohert Gordon, xirent Sonm<nis, Gaien 
Lairri/, Ehmrd Bijlli/ng, Jajnes Bra'i n<\ II /Iham Gdison, 
Tlioniax Bar]t:<i\ Uolwrt Tu mei' and iJuanax ]| a rne, who 
are thereby become Tenants in Common of the said Prem- 
isses called Eaxt A'eu'-Jerseij, which with the said Wdll<im 
Penn, Pohert Wext, Thomas h'ndi/<ifd, Somuti (rroome, 
Thomas Hart, liicloird M<u', Titomas II dlco.r, Ambrose 



390 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Rigg. John Haywood, Hngli Ila/ishom, Clement Plum- 
stead, and Thomas Cooper. And Wliereas the said Thomas 
Wilcox hatli since conveyed all his Share, Estate, and In- 
terest in the said Premisses, to the said David Barcldy 
and his Heirs ; And whereas by the said several recited 
Letters Pattents, made by his said Majesty nnto his said 
lioyal Highness as aforesaid, several Powers and Authori- 
ties are and were given and granted nnto his said Royal 
Highness, liis Heirs and Assigns, to be executed by his 
said Poyal Highness, his lleirs or Assigns, or bv the 
Deputies, Agents or Commissioners of his said Royal 
Highness, his HLeirs or Assigns, which are necessary as 
•well for the Planting, Peopleing, and Improving of all and 
ever}' the respective Lands, Places and Territories thereof 
granted ; and for the Transporting thither from time to 
time such of his Majesty's Subjects as should be willing to 
go or be transported into those Parts, or any of them, as 
for the defending, guarding and keeping of the same ; as 
also for the well governing of the same, and of all such as 
shall be inhabiting in the same, and for the making, ordain- 
ing and executing of necessary and convenient Laws and 
Constitutions, in order to such Government ; and the pun- 
ishing and pardoning Offences and Offenders, as occasion 
shall require ; and to make, ordain, constitute, and confirm, 
and also to revoke, discharge, change and alter all and 
singular Governors, Officers and Magistrates, which by his 
said Royal Highness, his Heirs and Assigns, shall be from 
time to time thought fit and needful to be made, ordained, 
appointed or used in the said Parts or Places, or any of tliem ; 
and to do all other Things needful, useful and necessary, 
for the well governing, keeping, defending and preserving 
the said respective Places and Territories, and of every of 
them, and all such as are and shall be inhabiting there. 
Now THESE PRESENTS WITNESS, that for and in Considera- 
tion of a competent Sum of lawful English Money, unto 
his said Royal Highness in Hand paid and for the belter 
extino-uishino; all such Claims and Demands as his said 



y^ss 



i,\i\\i lO INVKNTV-FolK' l'i;i >rul ICl't )U-~. 



?>9[ 



lioyal lliii'hiK'ss. or his Ilcirs, iiiav aiiv wise \vd\c of oi' in 
the Piviiiisses aforesaid, now called /u/-^f \rtr-./tr-^> ;/. i>v 
any pai't of tliein, and for tlie fui'tlier and bettei" settlinii' 
and conveying", assuring- and contiiMtniig' of tlie same, and 
of every Part tliereof, according- to the Pnrj>ort and true 
Meaning of these Presents, his said Royal Highness tlie 
said Jai\[es Dnke of Y(>rl\ hath granteil, l>a,)-g-ained, sohl, 
i-eU'ased and contirnied. and l)y these Presents, as far as in 
him lyeth, doth grant, l)argain, sell, release and confii-m 
unto the said Juiin.s, Earl of PcrtJi, Jo/nt DrminnoiirL 
h'olHff I'm I'cl.h/, I)iit''i(l Biii'cL'h/, Jtolxii (joi'doii^ Ai'r/if 
jSon//t(/ //■"<. WiJJniiH I*en)i, JioJxui W <xf. Tliinniix llnd ijitrd^ 
SdiHiit'l (Trooiin'^ riioriKlJi Jldrt^ I'iclnird Jf<ii\ AinhroKK 
Ii''<j(/, JoJni lltiijirodd, Ibiijli U<i li^lionu Clniirnt Phini' 
sfiMtd^ Thomax Cooper^ Gavui Jjairyij, Kdirard Ij;/Uijii<i<\ 
'fames Jji'a'uH', WdJiain (jrJh.s<))i^ TltoiiinH I>(n'l<i\ liohcrt 
Tamer and llaiiaas ^Yarne^ theii- Heirs and Assigns, all 
that Part, Share and Portion, and all those Parts, Shares 
and Portions, of all that entire Tract of Land, and all those 
entire Premisses so granted by his said Royal Highness, 
unto the said John Lord Berhely and Sir George Carteret. 
and their Heirs, as in and by and upon the said Partition 
was and were vested in the said Sir George C after ei -awkX 
his Pleirs and there agreed to be called l)v the ]Vanie of 
East New Jerseij, together with all Islands, Bays Rivei's, 
Waters, Forts, Mines, Minerals, (Quarries, Royalties, Fran- 
chises, and Ap|>urtenances whatsoever to the same belong- 
ing, oi- in any wise appertaining ; and all the Estate. Right 
Title, Literest. Revei-sion, Remain<ler, Claim and Demand 
Avhatsoever, as well in Law as in E(piity, of his said Royal 
Highness James. Duke of Yorl', of, in, unto oi- out of the 
same, or any Part or Parcel of the same: As also the free 
Use of all Bays, Rivers and Waters, leading- unto or lying 
between the said Premisses, or any of them, in the said 
Parts of East Nev;-Jersey^ for Navigation, free Trade, 
Fishing- or otherwise, To hate and to hold unto the said 
Earl of Perth, John Drummond. Robert BareHy, David 



S9S NEW JERSKY COLONIAL DOCFMENTS. [1GS3 

Barckly^ Rohert Gordon^ Arent Sonmans, William Penn, 
Robert West^ Thomas Rudyard, Samuel Groome, Thomas 
Hart^ Richard Mew, Ainhmse Rigg. John Haywood, 
Hugh Hartshorn, Clement Plurnstead, Thomas Cooper, 
Gawn Lawrij, Edward Byllynge, James Braine, William 
Gibson, Thomas Barher, Robert Turner, and Thomas 
Warne, their Heire and Assigns forever, to tlie only Use 
and Belioof of them the said Earl of Perth, John Drum- 
mond, Robert Barcliy, David, Barekly, Robert Gordon, 
Arent Sonmans, William Penn, Robert West, Thomas 
Rudyard, Samuel Groome, Thomas Hart, Richard Mew, 
Ambrose Rigg, John Haywood, Hugh Hartshorne, Cleinent 
Plumstead, Thomas Cooper, Ganm Laxory, Edioard Byl- 
lynge, James Brains, William Gibson, Thomas Barker, 
Robert Turner and Thomas Warne, tlieir Heirs and As- 
signs forever, yielding and paying tlierefor yearly for the 
said whole entire Premisses unto his Royal Highness, his 
Heirs and Assigns, the yearly Rent of Ten IS^obles of law- 
ful English Money, at or in the middle Temple Hall, Lon- 
don, at or npon the Feast ])ay of St. Michael, the Arch- 
angel yearly. And the said James, Earl of Perth, John 
Drummond, Robert Barekly, David Barekly, Robert 
Gordon, Arent Soninans, William Penn, Robert West, 
Thomas Rudyard, Samuel Groome, Thomas Hart, Rich- 
ard Mew, Ambrose Rigg, John Haywood, Hugh Hn.rts- 
horne, Clement Plumstead, Thomas Cooper, Gawn Laiory, 
Edvmrd Byllynge, James Braine, William Gibson, Thom- 
as Barker, Robert Turner and Thomas Warne, do for 
themselves severally, and for their several and respective 
Heirs, Executors, Administratoi's and Assigns, covenant, 
promise and agree to and with his said Royal Highness, 
his Heirs and Assigns, to pay, oi- cause to be paid, the said 
annual Rent of Ten Xobles, on the Days and Times herein 
before limited for Payment thereof. And these i-resents 
FURTHER Witness, that for the better enabling the said 
Earl of Perth, John Dru7/imond, Robert Barekly, David 
BarcMy, Robert Gordon, Arent Sonmans, William Penn, 



1683] 



GRANT TO TWENTV-Kori; I'Kol'KI ICIORS, 



393 



Jiohert Wed, Thomas Rudyard, Smnuel Groome, Thomas 
HarU Richard Mew, Ambrose Rrgg, John Haywood, 
Hugh Hartshorn, Clement Plumstead, Thomas Cooper, 
Gawn Lawry, Edward Byllyng, James Braine, WiJHam 
Gibson, Thomas Barker, Robert Turner and Thomas 
Warne, tlieir ITeirs and Assigns to improve and plant the 
said Premisses with People, and to exercise all necessary 
(Tovernment there, whereljy the said Premisses may be the 
better improved, and made more nsefnl to them, their Heii's 
and Assigns, and to the King's Majesty, His said Koyal 
Highness hath likewise given and granted assigned and 
transferred, and doth by these Presents give, grant, assign 
and transfer unto the said Earl of l*erth, John Driimiiioud, 
Robert Barday, David Barclay, Robert Gordon, Arent 
Sonmans, WiUyiain, Fenn, Robert West, Thomas Rudyard, 
Samuel Groome, Thomas Hart, Rlehard Mev), And/rose 
Rigg, John Hayimod, Hugh Hartshorne, Clemeid Plum- 
stead, Thomas Cooper, Gawn. Lainry, Edward BWinge, 
Jarues Braine, WilUam Gd>son, Thomas Barh'V, Robert 
Turner, and Thomas Warne, their Heirs and Assigns, 
Proprietors of the said Province of East New Jersey afore- 
said, for the Time being, all and every such and the 
same Powers, Authorities, Jurisdictions, Governments, 
and other Matters and Things whatsoever, which by the 
said respective recited Letters Patents, or eitiier of them, 
are or were granted, or intended to be granted, to be exer- 
cised by his said Royal Highness, his Heirs, Assigns, 
Deputies, Officers, or Agents, in or upon, or in Relation 
unto the said Premisses, hereby confirmed, or intended to 
be hereby confirmed, and every of them, in Case the same 
were now in the actual Seisen of his Royal Higlmess, to 
1)e held, enjoyed, exercised and executed by them the said 
Earl of Perth, John Drmnmond, Robert Barekly, Harld 
BarcUy, Robert Gordon, Arent Sonmans, William Penn, 
Robert West, Thomas Rudyard, Sanmel Groome, 'Thomas 
Hart, Richard Mew, Ambrose Rigg, John Haywood, Hugh 
Hartshorn, Clement Plumstead, Thomas Coopjer, Gawn 



394 XEAV .TKltSEV roLoXIAL DOCIMKNTS. [IBS^ 

Lawry^ Edward Bi/Ui/iiye, Jdiues Braine, WllliaDi Gib- 
son, Thomas Barker, Rohert Turner and llioauis Warne, 
their Heirs and Assigns, Proprietors of tlie said Province 
of East Xen)- Jersey, for the Time heing, as fully and 
amply to all Intents, Constructions, and Purposes, as liis 
said Royal Highness, or his Heirs, miglit, could or ought 
to hold, enjoy, use, exercise or execute the same by force 
and virtue of the said several and res])eetive before recited 
Letters Patents, or either of them, or any Thing in them, 
or either or any of them, contained or otherwise howso- 
ever. Pkovided always, that these Presents be entered 
with the Auditor General of his said Royal Highness with- 
in tw^o Months next after the Date hereof. In Witness 
whereof the Parties above mentioned to these present 
Indentures, interchangeably have set their Hands and 
Seals, the Day and Year first above written. 




'€M^- 



Sealed and delivered by his Roj'al Highness, in the 
Presence of Ro. Werden, 

William Ceofts, 
John Ashton. 



Minutes (jf Petuisyl ean'ia Proe'ine'ial Council. 

[From "PenHsylvania Colouial Records, " Vol. I., p. 75.] 

At a Council held at Pliiladelphia y H'" of y*- 4^" Mo 
1683 

Present 
W*' Penn. Prop'' and Gov'' of y® Province of Pennsilvania 

and Counties annexed. 
Ralph Withers, Wm Clark, Tho: Holmes 

Chr: Taylor, AVm. Haigue, Lasse Cock 

A Debate was held Concerning Lett''^ Sent from East 
Jersey to England, whereupon, Rob* Stacey was cald in, 



I ((So I KrT>; I) AMENTA r- OONSI'ITU'IION. 3^5 

and lie saitli tliat if this Conncil wonld 1)C pleased to make 
their Complaint, tliat y^ people of East Jersey will make 
them all y*^ Satisfaction that can possibly be given. 

AVhereupon, James Harrison, Chris. Taylor & Tho: 
Holmes, were Deputed by Gov'' Penn, to goe to East Jer- 
sey arid Communicate to y*" Gov'" & Council, their Cer- 
taine passages written to England, by some of their Prov- 
ince, as Injurious to the Welfare and Prosperity of this. 

Adjourned till ye" S'" day 4*^ Mo., 83. 



Foi^n of Goveruineni for East JerHpyy 

[From " Grants and Concessions," p. 153. J 

The Fundamental Constitutiots^s for the Province 
of East New Jersey in America, Anno Domini 
1683. 

Since the Eight of Government, as well as Soil, is in 
the Four and Twenty Proprietors, and that the same is 
confirmed to them a new by a late Patent from James 
Duke of Yot\ Pursuant of Patent granted to him from 
the King ; the Proprietors for the well ordering and gov- 
erning of the said Province, according to the Powers con- 
veyed to them, do grant and declare, that the Government 
thereof shall be as followeth, vix. 

I. That altluv the Four and Twenty Proprietors have 
formerly made choice of Robert Barclay^ Esq ; for Gov- 
ernor, during his natural Life, and to serve by a Deputy 
to be approved of by sixteen of the Proprietors, until he 
himself shall be upon the Place, which is by these Presents 
ratified and ^confirmed, to all Intents and Purposes : Yet 
after the Decease of the said Rolert BarcMy, or by Reason 
of . his Malversation, the Proprietors shall find Cause to 
divest him of the Government, the Four and Twenty Pro- 

1 Agreed upon by sixteen of the twenty -four Proprietors. 



390 NEW JERSEY COLONIAL DOCUMENTS. [1683 

prietors shall choose a Governor ; in order to which it 
shall be in the Power of each of them to name One, and 
Sixteen of the Fonr and Twenty shall determine it: Which 
Governor shall be obliged to serve and reside npon the 
Place, and shall only continne for three Years ; and if any 
shall directly or indirectly pntponnd or advise the Cou- 
tinnance for any longer Time, or of new to-<'lu)ose him 
again, or his Son, within the three Years, it shall be 
esteemed a betraying of the pnblick Liberty of the Prov- 
ince ; and the Actors shall be esteemed as pnblick Ene- 
mies ; and the said Governor that shall be so continued, 
shall be reputed guilty of the same, not only by Reason of 
his acceptance of that Continuation, but also by Reason of 
any kind of Solicitation which he may directly or indirect- 
ly have endeavoured. If the Governor so do die before 
the three Years be expired, the Proprietors shall choose 
one to supply his Place, for the Time the other should 
held it, and no longer, rrovhled^ that this Limitation of 
three Yeai's abovementioned, do not extend to the Deputy 
Governor of Bohert Jiitrria;/, for seven Years after the 
passing of those Constitutions, who may be for a longer 
Time than three Years, if the Proprietors see meet. 

IT. That for the Government of the Province, there 
shall be a great Council, to consist of the Four and Twenty 
Proprietors, or their Proxies in theii' Absence, and One 
Hundred Forty four to be chosen by the Freemen of the 
Province. V>\\i foj-asmnch as there are not at present so 
many Towns built as tlicre may be hereafter, nor the Prov- 
ince divided into such Counties as it may be hereafter 
divided into, and that consecpiently no certain Division 
can be made how nnmy shall be chosen for each Town anil 
County; at present Four and Twenty shall be chosen for 
the eight Towns that are at present in being, and Eight 
and Forty foi- the County, making together Seventy two 
and wath the Four and Twenty Proprietors, Ninety* six 
Persons, till such Times as the great Council shall see meet 
to call the above mentioned Number of One Hundred 



1683] FUNDAMENTAL CONSTITUTION. 397 

Forty four, and tht'ii shall hv (lotrriiiiiuMl Ity rlic *>'reat 
Conncii, how 11111113' shall conic out of each Town und 
County ; but cverv Year they shall choose one third, and 
the first chosen shall remain for three Years, and they 
that ii^o out shall not be capable to come in again for two 
Years after, and therefore they shall not be put in the 
Ballot in Elections for that Year : And in order to this 
Election, they shall in course meet in their several I'or- 
ouglis and Counties the Six and I'weutietli Da}^ of Mar<li, 
beginiiino; in the Year One Thousand Six Hundred Eighty 
four, and choose their several Representatives ; wliose first 
Day of meeting shall be the Twentieth of April after- 
wards ; and they shall sit u]ioii tlieir own Adjournments, 
if they see meet, till the Twentieth of Jnh/ following, and 
then to be disolved till the next Year, unless the (Governor 
and c(_)mmon Conncii think fit to continue them longer, 
or call them in the Intervail ; but if any of those Days fall 
on the first Day of the Week, it shall f>e deferred until the 
next Day. 

TIL The Persons (jualihed to be Freemen, that are 
capable to cliO(»se and be chosen in the great Council, 
shall be every Planter and Inhabitaat dwelling and resid- 
ing within the Province, who hath ac(juired Rights to 
and is in Possession of Fifty Acres of Gronnd, and hath 
cultivated ten Acres of it ; or in Boronghs, who have a 
House and three Acres ; or have a Flouse and Land only 
hired, if he can prove he have Fifty Ponnds in Stock of 
his oM-n : And all Elections must be free and voluntary, 
but were any Bribe or indirect Means can lie proved to 
have been used, both the giver and acquirer shall forfeit 
their Priviledge of electing and being elected forever : 
And for the full preventing of all indirect Means, the 
Flection shall be after this Manner, the Names of all the 
Persons qualified in each County, shall lie put in equal 
pieees of Parchment, and prepared by the Sheriff and his 
Clerk the Day before, and at tlie Day of Flection shall be 
put in a Box. and Fifty shall l)e taken out by a Boy under 



398 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Ten Years of Age ; these Fifty sliall be put into the Box 
again, and the first Five and Twenty then taken ont shall 
be those who shall be capable to be chosen for that Time ; 
the other Five and Twenty shall by Plurality of Votes, 
name (of the aforesaid Twenty five) twelve, if there be 
tliree to be chosen, and eight if there be two to stand for 
it ; these nominators first solenmly declaring before the 
Sheriff, that they shall not Name any known to them to 
be guilty for the Time, or to have been guilty for a Year 
before, of Adultery, Whoredom, Drnnkeness, or any such 
Immorality, or wiio is Insolvent or a Fool; and then ont 
of the Twelve or Eight so nominated, three or two shall be 
taken by the Ballot as abovesaid. 

IV. It shall be the Priviledge of every Member of the 
great Council, to propose any Bill in Order to a Law, 
which being admitted to be debated, shall be determined 
by the Vote, wherein two Parts of three shall only con- 
clude ; but of this, twelve of the Proprietors, or tlieir 
Pi'oxies, must be assenting, which shall also be requisite 
after the Number of Freemen are double : Nor shall any 
Law be made or enacted to have force in the Province, 
which any ways touches upon the Goods or Liberties of 
any in it, but what thus passeth in the great Council ; and 
whoever shall leyy, collect or pay any Money or Goods 
without a Law thus passed, shall be held a publick Enemy 
to the Province, and a betrayer of the publick Liberty 
thereof : Also the Quorum of this great Council shall be 
half of the Proprietors, or their Proxies, and half of the 
Freemen at least; and in Determination, the propor- 
tionable assent of both Proprietors and Freemen must 
aj^ree, viz, two Parts of whatever Number of Freemen, 
and one hnU of whatever Number of Proprietors are 
present. 

V. For the constant Government of the Province there 
shall be with the (lovernor a common Council, consisting 
of the Four and Twenty Proprietors, oj- their Proxies, and 
Twelve of tlie Fi-eemen, which sli:ill be clutsen by the 



1683] FUNDAMENTAL CONSTITUTION. 399 

Ballot out of the Freemen of tlie great Council, and shall 
successively go off each Year as they do ; which Coninion 
Council will thus consist of Si\ and Thirty, whereof they 
shall be three Coniniittees ; twelve for tiie publick Policy, 
and to look to Manners, Education and Arts ; t^-elve for 
Trade and Management of the publick Treasury ; and 
Twelve for Plantations and regulating of all Things, as 
well as deciding all Controversies I'elating to them : In 
each Committee Eight shall be of the Proprietors, or their 
Proxies, and four of the Freemen ; Each of these Commit- 
tees shall meet at least once a Week, and all the Thirty^ six 
once in two Months, and oftner, in such Places and at such 
Times as they shall tind most convenient. And if it hap- 
pen the Number of Freemen in the great Council to be 
doubled, there shall also be Twelve more of them be added 
to the Common Council ; in this Common Council and 
those several (.^ommittees the one half shall be a (Quorum, 
as in the former Article. 

VI. All Laws shall be published and run in the Name of 
rlie Governor, Propi'ietors and Representatives of the Free- 
men of the Province, and shall be signed by two of the 
Proprietors, two of the Freemen, the Secretary and the 
Governor, or Deputy Governor for the Time being, who 
shall preside in all Meetings, and have two Votes, but 
shall no ways pretend to any negative Vote: But if he or 
they refuse to do his or their Duty, or be accused of Mal- 
versation, he shall be liable to the Censure of the Pro- 
prietors, and if turned out, there shall be another chosen 
to fulllil his Time as is abovesaid. 

VII. Forasmuch as by the Concessions and Agree- 
ments of the former Proprietors, {to wif) the Lord Bcvke- 
J< 1/ and Sir Geonjc Cart'^rd, to and with all and every the 
Adventurers and all such as shall settle and plant in the 
Province in Amto KIGi, it is consented and agreed by tlie 
six and seven Articles, that the great Assembly- should 
have Power, by Act confii-med as there expressed, to erect, 
raise and build within the said Province, or anv Part 



400 NEW JERSEY COLONIAL DOCUMENTS. [1683 

thereof, such and so many Forts, Castles, Cities and other 
Places of Defence, and the same, or any of them, to fortify 
and furnish with such Provisions and Proportions of Ordi- 
nance, Powder, Shot, Armour and all other Weapons, 
Ammunition and Abilments of War, both Offensive and 
Defensive, as shall be thought necessary and convenient 
for the Safety and AVellfare of the said Province ; as also 
to constitute Train Bands and Companies, with the Num- 
ber of the Soldiers, for the Safety, Strength and Defence 
of the aforesaid Province ; to suppress all Mutinies and 
Rebellions; to make War Offensive and Defensive, against 
all and every one that shall infest the said Province, not 
only to keep the Enemy out of their Limits, but also, in 
Case of necessity, the Enemy by Sea and Land to pursue 
out of the Limits and Jurisdiction of the said Province. 
And that amongst the present Proprietors there are several 
that declare, that they have no freedom to defend them- 
selves with Arms, and others who judge it their Duty to 
defend themselves. Wives and Children, with Arms; it is 
therefore agreed and consented to, and they the said Pro- 
prietors do by these Presents agree and consent, that they 
will not in this Case force each other against their respec- 
ti-ve Judgments and Consciences ; in order Mdiereunto it is 
Resolved, that on the one Side, no Man that declares he 
cannot for Conscience sake bear Arms, whether Proprietor 
or Planter, shall be at any Time put upon so doing in his 
own Person, nor yet upon sending any to serve in his stead. 
And on the other side, those who do judge it their Duty 
to bear Arms for the publick Defence, shall have their 
Liberty to do in a legal Way. In pursuance wliereof, 
there shall be a foui-th Committee erected, consisting of 
six Proprietors, or their Proxies, and three of the Free- 
men, that are to set in the other three Committees, which 
shall be such as to understand it their Duty to use^Arms 
for the publick Defence ; which Conunittee shall provide 
for the publick Defence without and Peace within, against 
all Enemies Mdiatsoever ; and shall therefore be stiled, the 



1683] FUNDAMEXT.Vr COXSTITUTIOX. 401 

Coniniittet' for tlie l^reservatioii of flic |>ni)li(;k Peace: 
And that all TliiiiiU'S may i)i'u('eGcl in good Order, the said 
r\)muiittee shall propound to the great Council what thev 
judge Convenient and Necessary for the keeping the Peace 
within the said Province, and for ])ubHck Defence witli- 
out, by the said great Council to he approved and cor- 
rected, as they, according to exigence of Affairs, shall 
judge fit ; the Execution of which Resolntions of the great 
Council shall be committed to the Care of the said Com- 
mittee. But because through the Scruples of such of the 
Proprietors, or their Proxies, as have no freedom to use 
Arms, the Pesolutions of the great Council may be in this 
Point obstructed, it is resolved and agreed, and it is by 
these Presents resolved and agreed, that in Things of th.is 
Xature, the Votes of these Proprietors shall only be .of 
Weight at such Time or Times as one of these two Points 
are under Deliberation, which shall not be concluded 
where Twelve of the Proprietors and two Thirds of the 
whole Council, as in other Cases, are not consenting, (that 
is to say) First, whether, to speak after the Manner of 
Men, (and abstractly from a Man's Perswasion in Matters 
of Peligion) it be convenient and suitable to the present 
Condition or Capacity of the Inhabitants, to build any 
Forts, elastics or any other Places of Defence ^ If yea ; 
where and in what Places (to speak as Men) they ought 
to be erected. Secondly, whether there be any present 
or future foreseen Danger, that may, (to speak as Men 
without I'espect to ones particular Perswasion in Matters 
of Tieligion) j-equire the putting the Province into a Pos- 
ture of Defence, or to nud^e use of those Means which we 
at present have, or which, from time to time as occasion 
nuiy recjuire, according to the Capacity of the Inhabitants, 
we may have ; which Ability and Conveniency of those 
Means of Defence, and (to speak as Men without respect 
to any Man's Judgment in Matters of Religion) the neces- 
sity of the actual Use thereof, Ixnng once resolved upon; 
all fui'ther Deli])erations about it, as the raising of Men, 



4-02 NKW JEKSEV COIAJNIAL DOCUMENTS. [1688 

fiviiiir of ( 'oininissions lictli bv Sea and Land, niakiui'' 
Governors of Forts, and providing Money necessary for 
maintaining the same, shall belong only to those Members 
of the Great Conneil who jndge themselves in Duty bound 
to make Use of Arms for the Defence of them and theirs. 
Provided, that they shall not conclude any Thing but by 
the Consent of at least five Parts out of six of their Xum- 
ber ; and that none of the Proprietors and other Inhabit- 
ants may be forced to contribute any Money for the Use 
of Arms, to which for Conscience sake they have not free- 
dom, that which is necessary for the publick Defence, shall 
be borne by such as judge themselves in Duty bound to 
use Arms. Pkovided, that the otlier, that for Conscience 
sake do oppose the bearing of Arms, shall on the other 
Hand bear so much in other Charges, as may make up that 
Proportion in the general Charge of the Province. And 
as the refusing to subscribe such Acts concerning the Pse 
and Exercise of Arms abovesaid, in the Governor and 
Secretary, if scrupulous in Conscience so to do, shall not 
be esteemed in them an Omission of neglect of Duty, so 
the wanting thereof shall not make such Acts invalid, they 
being in lieu thereof, subscribed by the major Part of the 
six Proprietors of the (Vmnnittee for the Preservation of 
the publick Peace. 

VIII. The choosing the great and publick Officers, as 
Secretary, Register, Treasurer, Surveyor Genei-al, Marshal, 
and after Death or turning out of those now first to be 
nominated, shall be in the Governor and Common Coun- 
cil ; as also of all Sherifs, Judges, and Justices of tlie 
Peace. But upon any Malversation or Accusation, they 
shall be lialtlc to the Examination and Censure of the great 
Council, and if condemn''d by them, the Governor and 
Common Council must Name others in their Places. 

IX. Pkovjded, That all Boroughs shall choose their 
own Magistrates, and the Hundreds in the County, their 
Constables oi- under Officers, in such MamuM- as shall l»e 
agreed to by the great Council, 



lf)S8] FUNDAMENTAL CONSTITUTION'. 403 

X. Forasmuch as bv the Patent, the Power of pardon- 
ing in capital Offences, is vested in the Four and Twenty 
Proprietors ; it is hereby decUired, that the said Power of 
pardoning shall never be made Use of but by the Consent 
of Eighteen of the Proprietors, or their Proxies : Never- 
theless, it shall be in the Power of the (lovernor, in Con- 
junction with four Proprietors, wdio for the Time are 
Judges of the Court of Appeals, to repreive any Person 
after the Day of Execution appointed, for some time, not 
exceeding a Month. 

XI. The four and Twenty Proprietors, in their Ab- 
sence may Vote in the Great and Common Council by 
their Proxies ; One Proprietor may be Proxy for another, 
yet so as not but for one, so that none can have above two 
Votes : The Proxies of the Proprietors must be such as has 
vShares in Properties not under a Twentieth Part. 

XII. That whoever has any Place of publick Trust in 
another Province, tho' a Proprietor, shall not sit in the 
ofreat or common Council, but bv their Proxies, unless 
therer.nto particularly called by the one or other Council. 

XIII. Whatever Proprietor doth not retain at least one 
fourth Part of his Propriety, ciz. one Ninety sixth Pai't 
of the Country, shall loose the Right of Government, and 
it shall pass to him who has the greatest Share of that 
Propriety, exceeding the above mentioned Proportion : 
But if two or three has each one Ninety sixth Part, they 
shall have it successively Year about, like as when a Pro- 
priety is in tw'o Hands, he who is upon the Place, if the 
other be absent, sick or under Age, shall still have it ; but 
if both there!, then by Turns as abovesaid ; and if in a pro- 
vided Propriety all be absent, the Proxies must be consti- 
tuted by both ; if but tw^o or the greater Number if there 
be more. And if any who sells a Part of his Propriety, 
and retains one Ninety sixth Part and the Title of the 
Government Portion be absent, whoever has Shares for 
liim, not under one Ninety sixth Part, being present, shall 
set for hiin. whether havino- a Proxy or not ; and if there 



404 NEW JEKSKV COI-OMAL 1)0CIMENT8. [1683 

be more than one, it shall go by Turns as above. But 
because after sometime by Division among Children, it 
may happen that some one Twenty fourth Part may be so 
divided, that not any one may have one fourth Part of a 
Propriety, or one Xinety sixth Part of the Avhole, in that 
Case the Proprietors shall elect one having not nnder one 
"Ninety sixth Part, to beai' tlie Character of the Govern- 
ment for that Propriety : P)Ut if the County shall fall to be 
so divided, that there shall not be found four and Twenty 
Persons who have one Ninety sixth Part each ; then who- 
ever has Five Thousand Acres, shall be ea])able to be 
chosen to be one of the four and Twenty, and that by the 
rest of the Proprietors, by the l>allot, each having privi- 
ledge to list one ; bnt this not to take Place till Forty 
Years aft.er the settling of these Constitutions : And if 
Twenty Years after the Expiration of the Forty Years 
above mentioned, it shall fall out that four and Twenty 
Persons cannot be found who have each Five Thousand 
Acres, it shall be then in the Power of the great Council 
to make a less Number of Acres sufficient to carry the 
Character of the Government, provided they bring it Jiot 
under three Thousand Acres (the Proprietors being always 
Electors as abovesaid) No Proprietor nnder One and 
Twenty Years shall be admitted to Vote, bnt during Non- 
age there shall ])e a Proxy appointed by the Tutor, and 
failing that, by the other Proprietors. 

XIV. In all Civil and Ordinary Actions, the Pro])rie- 
tors shall be judged aftei' the same manner, and lyahle to 
the same censure with any other; but in all cases that are 
Capital, or ]nay inferr foi- Forfeiture of their Trust or 
Proprietorship, thej-sluiH l»e adjudged l)ya Jury of Twelve 
of the Pro])rietors, or their Pi'oxies, or such as has Shai'c 
in a Propriety not under one Twentieth Part; the Uill 
being iirst found relievant against them by a Grand Jury 
of Twelve Proj)i-ietors and Twelve free Men to he chosen 
by the I'allot, as in Article nineteen. 

N\'. For pi-eserving :i right ballaiice, no Propi'ietor 



1(>8?)] FUNnAJsrEXTAr. coxsTrrrTio^sr. 405 

sliall at any 'J^imo i'e([iiire or ]»iii'('lias(' moi-c than liis (tnc 
Fonr nnd 'rwoiitiotli Part of tlic Country; l)nt if l»y any 
accident, more fall into the Hands of any of the Pro|trie- 
tors, he may be allowed to dispose of it to his dnldi-en, 
thu' under Age, yet not so as to accjuii-e to himself more 
than one Yote besides his own : but if snch an acMjuirer 
have no Children he shall be oldiged to sell it within one 
Year after he has acquired it, nor shall he evade this by 
pnttino- in anothers Name in Trust for him ; but shall uj)on 
liis Assignment solemnly declare himself to be realy and 
eifectually divested of it for the proper use of him it is 
assign'd to : And if within three Years he iind not a jMer- 
chant, he shall be obliged to dispose of it at the Current 
Kate to the rest of the Pro]irietors, to be holden in com- 
mon by them, who shall appoint one to bear that Charac- 
ter in the Government, nntill sucli a Share of it fall in one 
]Iand, by a former Article may render him capalde, by the 
consent of two Parts of the other Proprietors, to have the 
Power devolved in him ; and if by this or any other Acci- 
dent one or more Yores be wanting in the Interem, the 
Proprietors shall name others (juallitied as above to supply 
their Places. 

XYI. All Persons li\ing in the Province who confess 
and acknowledge the one Almighty and Eternal God, and 
holds themselves obliged in Conscience to live peaceably 
and quietly in a civil Society, shall in no way be molested 
or prejudged for their Religious Perswasions and Exercise 
in matters of Faith and Worshi]) ; nor shall they be com- 
pelled to frequent and maintain any Peligious Worshij), 
Place or Ministry whatsoever :, Yet it is also herein^ pro- 
vided, that no Man shall be admitted a Member of the 
Great or Common Council, or any other Place of publick 
Trust, who shall not profess Faith in CIirist-'fe-sKs, and 
solemnly declare that he doth no ways hold himself obliged 
in Conscience to endeavour alteration in the Government, 
or seeks the turning out of any in it or their I'uin or preju- 
dice, either in Person or Estate, because thev are in his 



+(•(» NEW JERSEY COUIMlAL l)(»crMENTS. [1683 

Opinion lloreticks, or diflf'er in their Judgment from liim : 
Nor by this Article is it intended, that any under tlie 
Notion of tin's Liberty sliall allow themselves to avow 
Atheism, Ii-religiousness, or to pi-aetiee Cursing. Swear- 
ing, Di'unlceness, Pro])]ianess, Wluiring, Adulter}-, Mur- 
dering or any kind of violenee, or indulging tliemselves 
in Stage Plays, Masks, Kevells or such like abuses; for 
restraining such and preserving of the People in Deli- 
gence and in good Order, the great Council is to make 
more particulni- Laws, which are puuctnnlly to l»e ]nit in 
Execution. 

XVIL To the end that all Othcei-s clio en to serve 
within the Province, may with the more Care and deli- 
gence Answer tlie Trust reposed in them ; it is agreed, 
that no such Person sliall enjoy more than one ])ul)lick 
Office at one Time : Put least at iii-st before the Country 
be well Planted, there might be in this some Incon- 
veniency, it is declared, that tliis shall not necessarilv take 
Place till after the Year l<iS5. 

XYIIL All Chart, Kights, Orants and C'onveyances of 
Land (except Leases for three Years and under) and all 
Bonds, Wills, and Letters of Administration and Special- 
ties above F'tftij Pounds, and not niider six Months, shall 
be Registred in a publick Register in each County, else be 
void in Law : Also there is to l>e a Register in each Countv 
for Births, IMarriages, Burials and Servants, Avhere their 
Names, Times, Wages and Days of Payment shall be 
Registred ; but the Method and Order of settling those 
Registers is recommended to the great Conncil ; as also the 
Fees which are to be moderate and certain, that the taking 
of more in any Office, directly or indirectly by himself oi- 
any other, shall forfeit his Office. 

XIX. That no Person or Persons within the said Prov- 
ince shall be taken and imprisoned, oi- be devised of his 
Freehold, free Custom or Liberty, or be outlawed or exiled, 
or any other AVay destroyed ; nor shall they be condemned 
or Judgment pass'd upon them, but by lawful Judgment 



J(>88] II MtAMKNlAI. CoNs'll rriioN, 407 

of tlu'ir 1\h'1's: Neither sluill .histice nor Rit;'lit ])e bought 
or sohl. deferred or dehiyed, to ;iny Pei'son wliatsoever : 
In <.i-der to which bv the l.nws ot the Laud, all Trvals 
sliall be by twelve ]\Ieii, and a>. near as it may be, Peers 
and E(juals, and of the Neigh hoiirliood, and INFeii without 
just Exception. In Cajjcs of Life there shall be at i\vM 
Twenty fonr i-etnrned by the Sheriff for a (Jrand In<[iiest, 
of whom twelve at least shall be to lind tlie Complaint to 
be tnie ; and then the Twelve Men or Peers to be likewise 
returned, sliall have the final Judgment ; but reasonable 
Challanges shall be always admitted against the Twelve 
Men, or any of them : But the Manner of returning Juries 
shall be thus, the Names of all the Freemen above five and 
Twenty Years of Age, within the District or Boroughs out 
of which the Jury is to be returned, shall be written on 
equal Pieces of Parchment and put into a Box, and then 
the Number of the Jury shall l)e drawn out by a Child 
uiuler Ten Years of Age. And in all Courts Persons of 
all Perswasions may freely appeal" in their own Way, and 
accordijig to their own Manner, and there })ersonally plead 
their own Causes themselves, or if unable, by their Friends, 
jio Person being allowed to take Money for pleading or 
advice in such Cases : And the first Process shall be the 
Exhil>ition of the Complaint in Court fourteen Days be- 
fore the Trs'al, and the Party complain d against may be 
lifted for the same, he or she shall be summoned ten Days 
befoi'e. and a Copy of the Complaint delivered at their 
dwelling House: But before the Complaint of any Person 
he received, he shall solemnly declare in Court, that he 
lielieves in his Conscience his Cause is just. Moreover, 
I'very Man shall be first cited before the Court for the 
Place where he dwells, nor shall the Cause be brought 
before any othei' Court l)ut by way of Appeal from Sen- 
tence of the first Court, for receiving of which Appeals, 
there shall be a Court consisting of eight Persons, and the 
Governor (protein])oi-e) President thereof, {/(> u^It) fouj- 
Proprietors and four Freemen, to be chosen out of the 



4(>8 NEW jeks?:y colonial documents. [168?) 

great Council in the following Manner, vh. the Names of 
Sixteen of the Proprietors shall be written on small pieces 
of Parchment and pnt into a Box, ont of which b}^ a Lad 
under Ten Years of Age, shall be drawn eight of them, 
the eight remaining in tlie Box shall choose four; and in 
like Manner shall be done for the choosing of four of the 
Freemen. 

XX, That all Mai-riages not forbidden in tlu; Law of 
God, shall be esteejned lawful, where the Parents or 
(xnai-dians being first ac(|uainted, the Marriage is pnblick- 
ly intimated in such Places and Manner as is agreeable 
to Mens different Perswasujns in Religion, being after- 
guards still solemnized before ci'editable Witnesses, hy tak- 
ing one another as Husband and AVife, and a certificate 
of the whole, under the Pai'ties and Witnesses Hands, 
being bronglit to the proper Pegister for that End, under 
a Penalty if neglected. 

XXI. That all "Witnesses coming or called to testify 
their Knowledge in or to any Matter or Thing in any 
Court or before any lawful Authority M'ithin the Prov- 
ince, shall there give and deliver in their Evidence by 
solemnlj' promissing to speak the Truth, the Avhole Truth 
and nothing but the Truth, to the Matter in (Question. 
And in Case any Person so doing shall be afterM-ards con- 
vict of willful Falsehood, both such Persons as also those 
wlio have ])roved to have suborn, shall undergo the 
Damage and Punishment both in Criminal and in Civil ; 
the Person against whom they did or should have incurred, 
which if it i-each not his Life, he shall be publickly 
exposed as a false Witness, never afterwards to be cred- 
ited before any Court ; the like Punishment in Cases of 
Forger3% and both Criminals to lie stigmatizerl. 

XXn. Fourteen Years quiet Possession shall gi\e an 
unquestionable Right, except in Cases of Infants, Jvuna- 
ticks or married Women, or Persons beyond Sea or in 
Prison. And whoever forfeits his Estate to the Govern- 
ment by committing Treason against the Crown of £ng- 



lt;S3] FUNDAMENTAL CONSTITUTION. 40it 

Idin/.ov ill tliis Province, or bv any other cjipital Crime, 
the nearest of Kin may redeem it within two Months after 
tlie Ci'iminals Death, by puyino' to the publiek Treasury 
wni al)(»ve one Hundred Pounds, and not under five 
rounds Sterling, which Proportion the common Council 
shall determine, aceordino- to tlie A^alue of the Criminals 
Estate, and to the JSTature of the Offence; Keparation to 
any who have suffered by him, and Payment of all just 
Debts being always aUowed. 

XXI II. For avoiding innumerable jSfultitnde of Stat- 
utes, no Act to be made l)y the great Council sliall be in 
l^'orce above Fifty Years after it is enacted ; but as it is 
tlien <fr unro confirmed, allways excepting these four and 
twenty Fundamental Articles, which, as the primitive 
Charter, is forever to remain in force, not to be repealed 
at any Time by the great Council, tho' tAvo Parts of the 
Council should agree to it, unless two and Twenty of the 
four and Twenty Proprietors do expressly also agree, and 
Sixty six of Seventy two Freemen ; and when they are 
one Hundred Forty four, one Hundred Thii'ty two of 
them ; and also this assent of the Proprietors must be 
either by their being present in their own Persons, or 
gi\ing actually their Yotes under their Hands and Seals 
(if elsewhere) and not by Proxies; which solemn and 
express assent must also be had in the opening of Mines 
of Gold and Silver ; and if such be opened, one third Part 
of the Profit is to go to the publiek Treasury ; one third t(» 
be divided among the four and Twenty Proprietors, and 
one third to Proprietor or Planter in whose (Tround it is ; 
the Charges by each proportionably l)orne. 

XXIY. It is finally agreed, that both the (^overnoi- 
and the Members of the great and common Council, the 
great Officers, Judges, Sheriffs aiul -lustices of the Peace, 
and all other Persons of publiek Trust, shall before they 
enter actually upon the Fxercise of any of the Employs in 
the Province, solemnly promise and subscribe to be true 
and faithful to the King of Jingland, his Heirs and Sue- 



41(1 NEW .IKRSKY COLONTAt, l»0('rMKNTS. [10S3 

cessors, and to the Proprietoi-s, and lie sluill well and faitli- 
fallj discharge his Office in all Things according to his 
Commission, as hy these Fnmhamental Constitutions is 
confirmed, the true Right of Liberty and Propei-ty, as 
well as the jnst Ballance both of the Proprietors among 
themselves, and betwixt them and the People : It's there- 
fore nnderstood, that liere is included whatever is neces- 
sary to be retained in the first Concessions, so that hence- 
forward thei-e is notliing further to be proceeded npon from 
them, that which relates to the securing of every Man's Land 
taken np npon them, heing allways excepted. And Pro- 
vided <dxo^ that all jndicial and legal Proceedings heretofore 
done according to them, be held, approved and confirmed. 
Drurninond. liohni, Bvriief. Bar. Gd'-^on. RolieH 
Gordon. Gown La in';/. Perili. Wdlloni (r/h.^on. Wdl/am, 
Dockwra. lliontds II<rrf. Thoina-^ Barhi' and as Proxy 
for Ai)d>Po^e P'xjgx. Vlemerd Plum stead, Proxy for Bar- 
clay. Ar. So^miauK. Uohert Tirriirr and Thomas Cooper. 



Noie. — It appears on Reading the foregoing Instrnment, 

that in sundry Places the Sense is not corapleat, 

but it is likely to be occasioned by (Amissions and 

neglects in Recording, and therefore if the Original 

can be come at, it will be proper to i e-examine the 

foregoing Copy thereAvith. 

Poherf Barrlay\'< Commission to be (lovernoi" is not 

upon Record, but his Commissi(»n for that Office during 

Life, is recited at length in his Commission to Gairn Lav^- 

rie to be his Deputy, and which is copyed. 

He had no doubt a temporary Commission before the 
Proprietors gave him that during Life, because he aj)- 
pointed TJionais liadyard his Deputy (lovernor l)ef(»re 
the Date of the last mentioned, and he continued till 
Lawrle superseded him, but as his (Jomniission is very 
short and Jjnrr'ids more fnll, besides the Recital of Bar- 
day s, it is thought sufficient to Copy that and that only, 
because there seems nothing matei'ial to be taken notice of 
in the succeedino- Commissions. 



083] KrXDAMENlAL CO.NSTIl UlloN. 411 

See' n few Pages I'urtlier, a Declai-ation what the Phnit- 
rs settled before the present Proprietoivs bouglit tlie Prov- 
lice, are to do before they ai-e to liave the I'.enefit of the 
iree-oinff Constitutions. 



Letter of tin' J*i'(q>r/eior-'^ of Fjix1 Jci'xeij to t/o- Plontfrn. 

jFroni '• Grauts and Concessions," p. Um.J 

r<) tile l^lantei's and Tnhahitanfs of the Province 
(d' East Jersey in America, Robert Bap.clay, 
Govei'Dor and l^roprietor, and tlie other Pro- 
prietors of tlie said Pro\ ince, send Greeting. 

Since it hath pleased Almighty God to order it so by 
lis Providence, as to give iis the Interest we have in this 
^rovinee whereupon you reside, We desire nothing more 
hen to approve ourselves in this Station as you may find 
^ourselves happy in this our Purchase : And we do not 
>nly hold ourselves obliged by the Laws of God, and just 
^aws of Men, but our own Interest, to use all lawful and 
lonest Means to make that Plantation Prosperous, which 
s it cannot be without your sharing in the Advantage of 
t, so the Satisfaction and Benefit m'c propose to ourselves 
s by the good Success of your Affairs, which we are 
esolved to advance, knowing that your Interest is now so 
)0und up with ours, that we cannot suffer if you Prosper, 
lor Prosper where you are injured. Therefore have we 
ent over to you two of our ISUimber, honest and prudent 
yien, by whose good Advice and Assistance we hope the 
Plantation will be benefited, and in a great Measure set- 
led. We have given them Instructions, and we are con- 
ident of their Readiness therein to shew themselves not 
)nly just, but kiiul and friendly towards you, to confirm 
lie Rights of such as are there? planted upon the Conces- 
;ions already granted, and supply the defects wliere any 
ivant a sufficient Right u])0ii ecjual and easy Terms; and 
io do e\'ery Thing else that towards the good Government 
ind Advantage of the Colony may be needful : They can 



412 



NEW JERSF.Y COLOXIAL DOCUMENTS. 



[108 



ae(i[iiaiiit you, that there are concern'd with U8 wlio ar 
verj capable in many respects, both to advance our pis^ 
Intei-est and i)rotect ns from those that may attempt t 
hnrt ns. And we will be very glad to hear that all Thing 
proceed with a good Harmony, so that we may liave onl 
( )ccasion to nse onr Interest and Anthority to enconrag 
yon, and shall be well satisfied there be no need of th;i 
which mnst take Place for snppressing the stnbborn an- 
obstinate ; bnt we will hope to iind none snch among yon 
bnt that the Jnstice and Generosity of onr Intentions wi 
oblige all to a carefnl compliance with onr jnst and friendl 
Demands ; so committing yon all to the Protection o 
Almighty God, we rem;iin voni- real Friends, 









> 




7t-y^^-7'*^'*'*A 



-fJi,-.-^°^ 




8?.] 



FENWrCKKS GRANTS I\ WP'ST JF:RSin'. 



418 



(Fioin •• rt'iiiisviviiuia Arcliives,' N'ol. I.. \\. ."i(i.| 
l)V'=rK.N\: 

I luiVL' lierew"^ sent tliec an ace' of tlie Limds sold ;m<l 
ken \'|) in these ptes ; I desire thee t(j take tlie towne of 
ih'in into tliy lott ; John Itenu'iek lias no aeknowledi^eni'' 
le to liinifroni any one in this towne ; and if lie should 
sepe his Court Leete and Court Barron here, it would 
iieh weaken o*" Authority, and p"''' would l)e made, Some 
r Jo" ft'enwick's Court, others y'' Coni'% most out of ord'' ; 
foresee the incon\-euiency tliat will attend this if J. if. 
ines to Exercise Jnrisdiction here ; I hope the Neck of 
nd between Oldmans-Creeke & Salem, is iu thy remem- 
ance, and wilbe brought into thy lymitts. other\rise b(»th 
)wne and Country wilbe of little value; I cannot but be 
ncerned for the people here, who earnestly desires to be 
ider thy protection, being confidently pswaded thou wilt 
i])loy thy pow'' for their good, and make it thy woi'ke to 
aire their Safety, [ ^ ] at w^'' time thy p'sence would 
; very acceptable to thy Keall and affectionate Friend 
Salem, ye 2'3d 8 mo 16S8 Jaaeks Ne\ ill 

3r Gov'" W:si. Penn, These, with care tt speed. 

auds Sold, ttc Ijy Joliii ft'eiiwiclv Since liis Convey- 
ance made to Jon. Edridge tt Ednutnd Warner '^ 



Colmnzey. 
Sam' Hedges 
]{ich'' Ciuy 
Thomas Smith . 
Rich"' Lippiucott . 
W"' Shaddock . 
W"' Waythmau 
James Peirce 
W»> Worth . 
Geo. Mortou 
W"! Johnson . 
Ben. Bourdeu 
to another 

Bout-toiriw. 
Mathias Nelleson, &c 



ACKES 

2.000 
1.000 
0. 2,->() 
1.000 
0.2.">0 
O.L'.-)0 
0.2.-)0 

o.2r)0 
o.r.oo 

0.250 
0. 800 
1.000 

1.000 



Ghristany-neek. Aches 

Andrew Sinicka, cfec. . 0.1)00 

Fltins-jwiiitf. 

Erigge Yearins, itc. . l.ooo 

Maneteii. 

Tho. Watson . . 0.200 

Marke Eeeve . . 0.400 

Edw'il Web ... ."JOO 

Kich'l Tindall . . 0.200 

Isaac Burgcs . . o.;>oo 

12.100 

Andrew Andras Ac . 00.400 

Totalis . 12.500 



I Part of a line or two here defaced. Ed. 

3 rresiuiieil tn have been tnuismitted in the invcediiiu letter, of March 3, IO.S-2 3. En 



4U 



NEW JERSEY COLONIAL DOCUMENTS. 



[1683 



I am informed of more laycl out by liis Survey'' w*'*' is 
not Certainly Known to thy aft'ectiouat friend 

James Nevill 

Lauds Sold by Joii Feiiwick in England, and taken 
up as folloAv^etli, (viz.) 



Cohamey tt- Alloiray^ 


Vreeke 


OldiiKinx- Creeke 






ACKICS 




ACKES 


John Adams. . 


l',000 


Roger Pederick 


01,000 


Joshua Berkstead, 


. 5,000 






Richard Noble, 


2,000 


Sold and taken vp since 


Wm Hewes, 


. 0.500 


his Arrivall 




John Maddocks, 


1,000 


Gohdiizey 




Tho. Anderson, . 


. 1,000 


Thomas Smith 


(n,ooo 


Edmund Gibbon 


6.000 


James Peirce & W"' Waith- 




Henry Salter, 


. 10,000 


man ! . . . 


01),. 500 


Edw"^" Bradway 


02,000 


W"' Worth it Ja. Peirce . 


00,500 


Edw'i Wade 


. 01,000 


W" Johnson ctTho. Smith 


00,500 


llobt Wade . 


00.500 






W'n Hancock 


. 01,000 


t^aleiii- Creeke 




Xopher White 


01,000 


One Bowyer . 


01,000 


Wm Malsten 


. 05,000 


to seaverall iiiuns 


00,900 


Tho Chaunders 


05.500 


Finns-poime . 


01,000 


James Wasse 


. 05,000 


Bought-towne 


01,000 


Charles Bayley 


00,500 


Sam' Hedge 


02,000 


Widdow Hmith . 


. 00,500 


John ffenwick in his own 




Wm Penton . 


00.500 










possession 


10,000 


John Smith 


. 02.000 


Tho. Watson . 


00,200 


Rich'' Hancock 


00,500 


Marke Reeve 


00,400 


Roger Hieckins . 


. 00,500 


Rich<' Tindall 


00,210 


Edvv*' Champneys . 


02,000 


EdwdWeb . 


00,200 


Sam' Nicolson . 


. 00,500 


Widow Daniell 


00,300 


P(ick<i-gv-m<i.ci 


- 


Anthony Dixon & Isaac 




Hyppolite Lefeaver 
John Pledger 


o;;,ooo 

. 03,000 


Burges 
Rich'' Guy 


00,300 
01,800 


tS((k/u-Cre(ki' 






22,810 


Sarah Pyle 


10,000 


brought from ye other side 


73,000 


Michael Barron . 


. 01,000 







Tho. Budde . 


00,500 


Totalis 


95,810 1 



1 This total, in tlio ■ ' I'eunaylvauia Arcbivcs.' IVoni wliic-h thi.s i^ copied, is given 
as 88,100, wiiii'li e\ itlt-ntly is not the result of the ixMition. Probably in (lie orisiual 
the names in the pitniouis tlociimeut, which are here repeated, were not included : 
and the sums oppo.site some of these names do not corre.spond. Eu. 



16S3] PENn's COMMTSSTONERS' AUTFIoRriV. 415 

T am iiifurnied he sold 14S,(»()0 acres in Eiiurland, and 
showed a schedule thereof to Thomas Woodroofe, the last 
yeare, Acknowledgeing the same to I)c true. 



CoiiimUslon fi'oifi Willi (I hi P&nii^ GoiH'rnor' of Penn- 
syl-vanla, to CoiiiiiiIk.shoic rs^ to Ti'iid irttfi Wext 
'lersey. ^ 

[From " I'einisylviiiiia Aicliiviis.' Vol. I., p. r)S. | 

Wm. Penx, Pi'o})rietary and (Tuveriior of ye Prov- 
ince of Pencil vania, and ye Teri'itories there- 
nnto belong'ing. 

Tt» his trusty friends and Coiuisellors, CnKisToiMiEU Tay- 
T.oK, James IIakkisox, Tuomas Holmes, Tjiomas 
WiNNE, Greeting'. 

Reposing special Conlidence in y'' Wisdom and lu- 
tegrity, I do hereby appoint and impower you my com- 
mission'"'' in my name as Governor & Proprietary of this 
Province aud Territories annexed, to treat, transact and 
conclude with y'' Governor and Connsell of West Jearsey 
concerning the satisfaction I have demanded in a Letter 
to y" s'' Governor and Connsell for certain great Wrongs 
and Injustice done unto me and this Province by some of 
y*" Inhabitants of their Colony. As also to settle aright, 
iniderstanding between me and y'" about the Trade and 
the Islands therein and w^soever yon shall do herein, L do 
liereby ratifie and contirm and this shall be to you a 
sufficient credential. Given at Philadelphia y*" 11 day of 
^,e ^.tii ]yj^^y_ jjj ye 35 yg^j, Qf ye piei<rn of y'' King, and y" 

Third of my Government. W. P. 



1 It will be observed, in reference to the Miuutos of the Peunsylvania Proviutial 
Congress, under date of June 6th, 1683, that the Governor was authorized to appoint 
Commissioners to Etist .forsey. It is presumed that, as similar causes of oomplaiul 
existed against liotb I'lovincps, he sent llis Commissioners also to West Jersey. Eli, 



416 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Tnstnu'tions to the Coiiim''' to W Jearsey, 1688. 

Instructions and limitations to my Commissionors, C. T., 
J. H., T. II., T. W., in ye present Treaty w^" the 
Govermnt and C'ounsell of West -learsey, in their 
Commission, Dated the same Day w^'' the Date hereof. 

1. So soon as you shall arrive at lUirlington, take care 
to make known to y"^ Govern'" and Councell, y' you are 
sent in my name to treat w"' y*^'" about some Provincial 
Business, and therefore desire a time y* you may be heard. 

2. When you appear, one of you give my letf into y" 
(lovern''' hand, aft y^ is read produce your Commission or 
Credential. 

8. Begin w^'' y*^ (ireneral Proof of y*-' General part of 
y*' Charge observing to read James Claypool, A: my wife's 
letters last. When this is done, ask their opinion, whether 
they look upon y*^ General Charges to be ])roved, or deny 
these testimonies. 

■1. If they allow y'' General Charges to be proved by 
y"' Authority of these Testimonies, proceed to charge Tho. 
Mathews by name and produce y'' Lett'' to -1'"'. Goodson 
or any other you shall have, expressly charging him in 
this matter w''" that is done aud, 5. y*^ proof allowed 
demand Satisfaction first in General by a certificate under 
their hands to give the lye to such rumors, w"' a Proclama- 
tion in y*' Colony disowning such things and forbidding 
any such scandalous lietlections for y'' time tt) come. And 
secondly satisfaction in particular ag**.' Tho. Matthews either 
by a great fine as £5<)<l sterling or publick Paper affixed 
to y*^ Court house of Burlington, declaring his evil and for 
y'' same banishing hiin six months out of this colony and 
nuiking him forever incapable of any Office in it or accord- 
ing to y" Civil Law to deliver him up to be tryed in this 
Province, according to y'' Laws thereof; in all w*^'' you are 
to take notice y*^ I do not allow you to deviate in any point, 
save Banishment; 6. And if none of all these Punish- 
ments are by y'" agreed to, n(jr nothing tending to ye same. 



lf)8o] INSTRUCTIONS TO I'ENn's COMMISSIONERS. 417 

I do lierel)v order you to make y^ Protest aoj*^' ye s** C^ov- 
ern'" and Coiiiicell, and their Refusall, and so w^'' a meek 
and quiet, yet grave beliaviour, to return. 

7. Lastly, whatever is assented to or denyed be sure to 
take down in writing, y^ yon may be a])le to give me an 
exact acc^ of _ye minutes of y'' audience and Conference in 
all w'^^ God Almighty direct you first in Truths way as 
Christians and Bi-etlieren, and if th' Avill not do secondly 
as faithful Councelloi's to me and Patriots to the Province. 
Given at Philadelphia thje llth day of ye -l-th™"., 1688, 
being the 35th year of the Reign of ye King and ye 3d 
year of my Go verm en t. 

And after all this is ended insist nptjii my Title to ye 
River, Soyl and Islands thereof according to Grant, and if 
they will deliver up [)eaceablyye Island of Matinicum and 
Sepassing, return one-half of ye Island Matinicum before 
ye Town according to my foi'mer clemencey, believing ye 
Generality hath done me no wrong, and therefore am 
unwilling to withdraw my kindness to the General Good, 
for ye other admit no manner of Parley, demand posi- 
tively, and if they refuse, let w^ follows lye at their door. 
Whatever bee ye Argument, they are bounded Westward 
by the River Delaware, y" they cannot go beyond low 
water mark for latid. Tliey have ye Liberty of ye River, 
but not ye Propriety. The rest 1 leave to y" oavu under- 
standino^s to sugu'cst. 



W'm. Pkxx to the Governor jiud Council ef ^Yest 

Jersey 

To my much respected friend ye GoveriU)r, and to my 
well respected friends ye Counsell of West Jearsey. 

In ye unfeigned I^ove of God I greet you, wishing ye 
Increase of all Heavenly and Earthly Blessings w'' y*' God 
of Love nnd Peace hath promised to his chosen. It is with 



418 NEW jERSp:y colonial documents. [1683 

some sorrow _y* I have this occasion of writing to yon w*^ 
Avliom I could alwaise desire to liav^e a most loving and 
intire correspondence, and will hope it sliall not be in ye 
Power either of ye Indiscretion or Injustice of some to 
lessen my good esteem for ye Generality. But so it is, 
y*' I have sustained and w''' me all interested in the Pros- 
perity of tliis Proviuce, great, and as I conceive irrepara- 
ble injuries by some members of your Colony. England 
is filled w''*' a noise of Warrs in Pensilvania, between ye 
Inhabitants thereof and ye Lord Baltimore and his Prov- 
ince ; y'^ some were killed, and y* y® Lord Baltimore 
claimed all ye land from LTpland to ye falls of Delaware, 
so y" w* rested to me was very inconsiderable, because I 
had no place where shii) or boat could come. Of this ye 
Cliainge, Coffee Houses, Bookseller's Shops and Country 
rings, thereby discouraging hundreds read}* to purchase, 
and to come, and provoking others y'^ have purchased and 
not y)aid to fling up their deeds, all w'"** most false and 
injurious Reports are flung upon some of ye inhabitants 
of West Jearsey, a wrong and cruelty of true transcending 
w^*' yet I have met w'^in ye World from ye worst of men, 
but th* which aggravates the troubles as well as evil, is a 
violation of ye Bands of Truth and Tyes of Gratitude, 
thereby exciting men to seek ye utmost Revenge, and all 
y'' will and force I have could accomplish. But I will tell 
you and y*^ w'*' comfort to my soul, I am of a better spirit 
and of more heavenly policy. I know y' lyes are short 
lived, and y* jie patience of ye suft'erer shall both outlive 
ye effects of such iiiaUer. I would putt it u]) if it were to 
be done, and had not a fresh Cry ])ursued ye former 
Intelligence, you had hardly ever heard any more of it. 
But it being nationally divulged and becom a Provincial 
wrong, and as such complained of in y^ provincial Council 
of this })rovince. It was y" unanimously resolved upon 
y** a request made to me, y*^ I would forthwith dispatch 
(^oinmissioners to you ye Govern'" and Councill of West 
Jearsey to cotnplain of ye Wrongs aforesaid, and in ye 



1BS3] 



PENN TO THE AUTIIORrriKS OF W. JEKSKY. 



419 



iiaiue of ye Govern'" and Conncill of this Province and 
Territories, therennto annexed to demand satisfaction, a 
tliini*; as it is reasonable on onr parts to expect, so most 
just on yours to f^r.int, in order to wliieii I have appointed 
and Commissioned my Trusty friends and Counsellors, 
Christopher Taylor, James Harrison, Tho. Holmes and 
Thos. Winne, to transact and conclude of all matters relat- 
ino; to this aiiair, as also ye final establishment of a right 
understanding between us concerning ye River and Islands. 
] have no more to add but ye endeared remembrance of 
my love, and to tell you I cannot but believe y^ you will 
take my great Wrong and Suffering unto your serious 
consideration, and do me y*^ Justice w°^ shall acquit you as 
just men in ye righteous Day of God. 1 am 

Your loviTig neighl)or and sincere friend 

W. P. 

Phila., ye 11th '"^, of y. 4^*^ [IP'^ of 4'^" '"°- ?] 1683 



Wm. Penn to the Govr. <t Council of West Jersey 



Pnir.ADELPHiA, ye 2(»th 4'"^ 1683 



Dear Friends 



I do in ye love of God & Tenderness of his Truth, 
dearly salute you, wishing unto you ye Increase of Peace 
& Comfort, inward and outward, from ye God & Father of 
all Blessings. 

Yours by ye hands of ye Commission'"'', and my esteemed 
Friends, Thos. Budd, John Gosnell, Henry Stacy & Mark 
Newby. dated Burlington, ye 16th 4th ^°, 83, are come to 
my hands, and upon ye Perusal of y"" in ye presence both 
of my Counsell & y"" Commission""^, I have this to say : 
First y* I am not w'out a sense of ye Justice and kindness 
therein, esteeming y"" Contradiction & Refutation close & 
Pathetical. but there seems to me an omission of one thing 



420 NKW JERSEY COLONIAL DOCUMENTS. [1683 

materia] respecting y'selves _y* since ye Charge Ijeth gen- 
erally upon some of West Jearsey it was not exprest in 
some sucii manner as followeth. And Whereas avc ai'c 
informed l)y Lett'" from Credible persons out of England, 
y' some of this Province of West Jearsey have written 
such storys. If any sucli Lett'** liave been written by any 
member of this Province, We do etc, the words are left 
to you, to express in such way and manner as you shall in 
wisdom think titt. 

2"^ If you please omit anything besides ye Denyal A: 
Contradiction of these false Rumors in your certificate, 
I consider it will be far more suitable as well to ye 
matter as my request. lV: ye rather Because ye 1/ Balti- 
more hath nothing to do w*"' running ye line on Dela- 
ware Iviver. 

8dlv. 1 cannot but declare myself dissatisfied with 
Thos. Mathews Explanation because it is hard for me ife 
my Council, to conceive what other reason he could have 
to mention y"^ alfrightening cruelty committed at Lewis als 
Whorekills by ye Lord Baltimore's soldiers so long agoe, 
ct out of date at ye same time, and in ye same Lett'' when 
he writt of ye Lord Baltimore's Claime upon Delaware, if 
not to terrific People from settling in a country where any 
part lay w"'in in ye pretensions of such a man. If yo'" 
sense of him, w"' his own dark explaiuvtion A: ye freedom 
he frequently takes of indecent talk & reflections uj)on me 
tfe my concerns carry you not farther, I shall wave to press 
you at this time. 

Lastly you are pleased to say y*^ as to ye River it Islands 
ye are willing at ye present to be Passive, takeing it not 
Proper for you to manage & yet y"' Commissionei-s press 
nie about ye right to river. We have discoursed so farr as 
they could go for having neither ye Grant w"' you upon 
will*''' ye right ariseth, nor yet a Plenipotentiary Commis- 
sion to conclude articles of settlem*, we cannot so much as 
regularly and ])rofitably treat of ye business : But this I 
will say in genei'al y' nothing shall be wanting on mj' part, 



1*''^-^>1 SAI.KM .Mi:.\r<iK'l,\l.. 4-Jl 

w"' \H' I;'^ AssistaiK't' to asMiiv von ».*v: conHnu von of vc 
trnc iV tciidei' i-ciiai-d I have to vc pi'ospcn'tv of West 
Jcai'sry iV vc (ioNcrniii' vV; Pco|)lc thereof, w''' ends this 
''■<">!, ' Yonr faithfnl fr'' iV J.ovinii- Nci<ilihoi'. 



MillKirnlJ ffohl Sal, III. \. ./.. f<i < idl'rninr ■/riiii/lii/s. 
I From •• Peniisylv Miiia Arcliives,"' \\)1. I., p. ;."i. | 

To SAMi'Kr. Jknmx(;s, (Toveniour and ve Meiiibers ()f 
Conncil of West Xew Jersey elected and cliosen hv 
ye Proprietors tliereof, in Assembly met ve 
day of Month ICSo.- 

We ye the free People of ye Town <k Jni'isdiction (.f 
Sah'ni, having- taken into onr serions considei'ation vc pivs^ 
sent state of this Conntry, c*c calHiio- to mind, w"' \v' Charge 
vV Hazard we have transported ourselves A: Families into 
these remote parts of ye World, eS: hoM- we have laboured 
ever since our Ari-ival under many Perils ct Difficulties, 
tor ye Settlement thereof in a good and Prosperous Condi- 
tion, A: weighing well in ourselves y* nothing can more 
readily conduce to our ])resent. and Childrens future Tran- 
(piillity cV: Happiness, then a fair and just settlement of 
(.nr Foundations, both w*'' respect to Property & Go verm! 
cV ye Inabitants' just Interest in both, and further, calling 
to remembrance ye foot we first engaged upon in our 
Native Land, and ye Danger of deserting tliose good be- 
ginnings layd w^" so much Deliberation A: Fnity ^V: w'" 
were once of such moment with us, y' it was thought litt, 

1 In con.se<iueuce oftliis conespondeucp, the Assembly of West Jersey, at a meet- 
\uii held at Burlington, September 5th, ltj^3, directed that "the Proprietary. &c. it 
the Province of Petiiisi/lrrnrid, he treated with in reference to the Rights and Privi- 
ledges of this Province, to or in the Kiver Delaware." and William Welcli. Samii.-l 
Wills and William Peachee were nominated to act " with the Governor and so many 
III ills Council as he shall think tif in relation to the matters referred to. ■•GrantH 
;:iid Conce-ssions," pp. -180-1. Ed, 

2 This document, having no signatures nor date, and the initials only being u.scd 
in Uic body of it, instead of the names in full, is presumed to have been taken from a 
tirst draft. The Assembly, to which it was addressed, is thought to have met at 
Burlingtim on the 2d of May, 1683. on the Htli of which month, Samuel Jenning.s. 
appointed Deputy Governor by Kdward l!yllyngc, was elected (;overnor. See 
" Grants and Concessions," pp. 471-:> Eu. 



4^2 NKW JKKSKV COLONIAL DOCUMENTS. [1683 

v^ without subscribing to y"' could not, cV: some tlierefore, 
to this day have not enjoy'd their Property & Estates, in 
this country, to witt ye Concessions signed in England, 
and hereby ye Freeholders as ye Agreement of ye People 
for the frame of ye doverm' of this Province, & finding 
as yet, after all our patient waiting for a Confirmation 
thereof to us -eV: our posterity, y' we might live w'*' Secui'ity 
& dye w*** Comfort & Hope for our Children, to gett after 
ye many engagements of E. B., W. P: G. L: & N L., ye 
'Covernment confirmed to us, it is transferred & settled 
to E: B. & his Heirs and Assignes, whereby our first Grant 
is broken, instead of being more clearly ratified, & y' w*"' 
was & is ours as much as ye Goverm^ of East Jersey was 
S'.' G. Cartwi-ight's, & is now in ye new Twelve Proprietors, 
is conveyed to E. B. by a New Grant. To ye End we not 
be wanting to ourselves & Children, nor thus leave both 
us & y™ at ye Mercy 6c in ye Power of any man, & y^ in 
a matter of such moment & importance, we do unanimous- 
ly desire y' ye Assembly may be forth w^** called to con- 
sider ye State of ye Province in case no Confirmation 
be come by any of ye many ships y^ are lately come into 
this River, a thing so often promised to us, y* fitt expe- 
dients may be apply'd to cure our present, & prevent 
future Mischiefs & Inconveniences, y^ so we may not 
through willfull and dangerous Neglect fall into further 
miseries & confusion y" those this poor unhappy Country 
hath already too long laboured under. 
Indorsed : 
" Complaints made to Proprietary of West Jersey "— 



Proclamation of William Penn. 

[From "Pennsylvania Archives," Vol- 1., p. 68.] 

By me Wm. Penn, Proprietary & Govrn'" of ye Province 
of Pensilvania& ye territories thereto belonging 
A Prolamation 
Whereas ye Govern'" of the New Jersey hath requested 



I<;s3| (iAWKN i.awkik's co.MMrssiox. 428 

iiio v' vc ordei- hv liiui cV yv Coiiiicill of ve said Coloiicy 
made concern iii<;' ye illegal De])osal of J.ands, w"'iii ye s*^ 
Colony hy. Thomas ^VFatliew.-. miglit Ite made ])nl>lic in 
this province tlT no In jur\- iV i.os> miglit come to such us 
uinidvisedly are inclinahle to pnrdiase any |)art oi- tract of 
him, these are to gi\'e n(»tice vV to warn all ye Iidiahitaiils 
of this Province A: territitrics thereof to forheai' dealing 
\v"' hnying of ye s'' Thomas Mathews any Lands, so taken 
n]» as they tender ye secnrity of their concerns A: will 
answer it at their jieril. given at Philadelphia ye 18th 5th 
mo 16S3.— 



Coinmission of Gmi'cn Lairrlc rf.s Dipviij Governor of 
K(i><t 'JirKtij. 

[From ■'Grants and Concessions," p. ltiis.| 

Kc)BEKT Bakclav, oiie of tlie Pro})]'iet()rs and Guv- 
eruor of the Province of East New Jersey in 
America, to his trusty and well beloved Fellow 
Proprietor (lawn Lawrie, sendetli Greetino". 

Whereas the Proprietors of Ko.st Nftc Jci-.sey aforesaid 
having by their Commission under their Hands and the 
Seal of the said Province, constituted the said Bohet-t 
Barclay Governor thereof, which said Commission is in 
these Words, or to this Effect, to the Proprietors of the 
Province of East New-Jersey, To our trusty and well 
beloved fellow Proprietor Itofjert Barclay, sendetli Greet- 
ing. W^hereas the Power of Government of the Province 
of East New Jersey, is devolved upon us, and assigned to 
us by James Duke of York, with Power to constitute and 
appoint such Governor and Commissioners for the well 
governing of the said Province, as we shall see meet ; and 
w^e having heretofore, out of the Confidence we had of 



4:24: NEW JKHSiKY COLONIAL liocrMKNTR. [1683 

}i(jhti-t Bai'rlay^ liis Skill, Prndenee and Integrity, consti- 
tuted and appointed liiin (Tovernor of the said Province, 
to appoint a Depot}- during liis Absence therefronu to be 
approved bv Sixteen of the Proprietors, n!)on the same 
Reason and Confidence, we do hereby conhrin to him the 
Government of the said Province during all the Days of 
his Life, as to have the Power of the CTOvernment of all 
the said Province, and of all Isles, Kivers, Islands, and 
Seas within the same or belonging tliereto, to do all and 
every Thing or Things which to the Charge and Office of 
a Governor doth appertain, commanding all inferior 0th- 
cers to obey him as their Governor, according to this our 
Commission, and the Powers hereby given him, and accord- 
ing to the Laws and Constitutions made or contirmed by 
us, or to be made, which he himself is to obser\e and 
follow, as unto his Duty and Office doth appertaiiL And 
whereas we have agreed and are satisfied, for certain good 
Reasons and Considerations moving us thereunto, to com- 
mit this Trust unto him, and to give liim this C^haracter, 
without laying any Xccessity upon him to repair to the 
said Proviiu'c; so likewise we have and do hereby give 
him Power, from time to time as need shall be, during his 
absence, to name and constitute and grant Commission to 
a Deputy Governor, to serve in the said Province, he being 
always approved by Sixteen of us the Pro])i'ietors, and 
folloM'ing the Orders he receives from us, according to the 
Laws and the Constitutions of the said Province. Given 
under the Seal of the said Province, and sign'd by our 
Hands, Dated at Loruhm, the Seventeenth Day of Xhejifth 
Month called July^ in the Year of our Lord, according to 
the English Account, One Thousand Six Hundred Eighty 
and Three, Subscribed by Thonim Coojyer^ Clement Plum- 
dead and Proxy for liohert Tunier^ William Gihson, 
Arent Sonman,'^, WilUani DoeJcwra^ TJioniaa Hart, Gaw7v 
Lawrie, James Bralne, elder, Tlioinas Barh'r, Iiichard 
Mew. He the said Robert Barclaij, according to the 
Power given him by Virtue of the said Commission, doth 



1C)S3| (;A^\■K^■ i.awuiks (■(>mmi>>I(>\. 425 

li(_'i-el>v ;is far as in liiiii lyetli, out of the (/oiiiidcnce lie 
liatli of tlie said (intm Liiirrir\ Skill, J'rudcnee and In- 
teii-rity, with the Approbation of Sixteen of the Pi'oprie- 
toi's of the said Province, testified l)y their signing hereof, 
constituti.' and np])oint him Deputy Governor of the said 
l*i-ovince. and of all Isles, Rivers, Islands and Seas within 
th(' same, or belonging thereto ; to do all and every Thing 
and Things which to the Charge and Oftiee of a (Tovernor 
doth appertain; commanding all inferior Officers to oltey 
him as their Governor according to this ( N)nimission, and 
tiie I^^wer herel)y given him, and according to the Taws 
and Constitutions made and confirmed, or to be made and 
confirmed, by the Troprietors of the said Province ; which 
he the said Gairn jMwrle is to observe and f(_)llow, as to 
liis -Duty and Office doth appertain ; to hold nnto the said 
Gav'ii Lawro' for and during so long Time as he shall in 
the said Place or Office of a Deputy Governor well behavt' 
himself, not exceeding seven Years. And the said llohfH 
Bai'day doth further give Power to the said Oimm Lair- 
rie, in case of urgent necessity, to appoint a Deputy under 
him. Given under the Seal of the said Province, and 
signed by the said Boljert Bai'da;/, and Sixteen of the 
Proprietors of Kast New-Jersey aforesaid, dated at Lon- 
don the Day of the Month called July^ in tlie 
Year of our Lord, according to the English Computation, 
( )ne Thousand Six Hundred Eighty and three. Memoran- 
dum, these Words not exceeding seven Years, were first 
interlined. Robert Barclay, Perth, Thomas Cox. Janus 
Brahi<\ elder. Ch^nient I^lnrndt'ad, Proxy for Roherf 
Turner. Arent Sonnn/zix. WiUnan Dochn^ra. W/lladn 
Gibson forliimself and Proxy for William Penn. TJtonia.s 
Cooper. Richard Mcv. Barilwlomev) Gibson. Rdward 
Byllyimj. Thomas Hart. Thoma>i Barh'r, and Proxy 
for Ambrose Rigg. Subscribed at Cluny, in Scotland, the 
Seventh Day of Septendjer 16S3, by Robert Gordmi. Robert 
Burnet. 



426 NEW JERSEY OOLOMIAL DOCUMENTS. [168^ 



IiiHiriiiilonii to Deputy Goi'erxor Luiirne. 

(From "Grants and Concessions," p. 171. | 

Instructions foi- Gaiceii Lawrie, \\\wn it shall 
please God to lu'liiu' liim to East New-Jersey. 

In the first Place we do lay it \\\m)X\ hiiri U) take all due 
Care to observe the Act of Navigation, and to see that it 
be Infringed in nothing as to wliat relates to the King's 
Customs or otherwise, and to give no Connivance to any 
so to do, that there be no jnst Occasion given of complaint, 
or Retlections upon tlie Proprietors on tliat Account, but 
tliat in all Things he demean himself, and see that otliers 
under his Authority so do, as may Witness our sincere 
Intentions of all submissions and obedience to the King, 
according to the Obligations laid upon Us by our Patent. 

II. That he keep a good and friendly Correspondence 
with the Governor and Colony of New- YorA; and be care- 
ful of avoiding all Things that may Interfeer with their 
Interest, or give just reason of complaint from them ; that 
he be not apt to give any Encouragement to People to 
transport themselves from thence, minding that we do not 
design to advance our Interest by any Thing which may 
prove Prejudicial to that Province. 

III. We desire him also to keep a good and fair Cor- 
respondence M'ith all other our Neighbouring Colonies, 
and in all Things labour to maintaine Peace and Good 
Will with them, wherein there doth not appear a manifest 
Prejudice to us, and your just and honest Interest. 

lY. We do recommend to him to take Inspection into 
our Instructions last sent over, and to mind putting them 
in Execution, and Prosecuting them as if they were here 
particularly repeated and renewed. 

Y. We desire him to use all means of Gentles and 
Tenderness with the Peojjle there, and to let them Under 



1683] INSTUL'ITIO.NS TO OKI*. (iOV. I.AWKIK. 427 

staiul onr jnst and kind Intentions towards tlicm, that they 
may be disposed on the other Hand to be jnst and respect- 
ful towards lis. 

VI. AVe do desire him to take a narrow and pai'ticnlai- 
Inspection into the state of tlie seventh reserved to ns hy 
the first Concessions, that we may perfectly know what 
they win amount to, how considerable they are in every 
Town, or in the greatest out Plantations, that he may con- 
sider the best means of making a just Division of them 
among the Proprietors, and to see how it may be Ordered 
that every Proprietor may have as many Acres of them 
lying together as may make a tollerable Plantation, thongh 
the Share of one might fall in the seventh of one Town, 
aiid of another in another, since we thiidv it not practicable 
that there can be a Division of the seventh of every Town 
in Twenty four Parts, it wonld make so many inconvenient 
Fractions ; so that tlie six Towns, whose sevenths are not 
yet taken up by the Proprietors, (for WoodhrUlge goeth 
to Perth Town) it may be expedient that two sevenths go 
to eight Proprietors (consideration of the advantage or dis- 
advantage of Scituation or of the different quantity being- 
had) and so divided by an equal Lot in three Parts, one to 
each eight Proprietors, and then a Subdivision amongst 
them accordingly ; yet this is still so proposed as it is 
remitted to his Discretion, being upon the Place and fully 
informed, to propose any better expedient. 

VII. We think also the same may do well as to the 
Division of the Ten Thousand Acres to be set out to each 
Proprietor as hath been formerly ordered, which we desiie 
may be done forthwith without any dela}^, vis. That any 
Tract of Land which is pitched upon for the laying out 
the Ten Thousand Acres as a Part of it, may be cast first 
in three equal Parts or Lotts, one to each eight Proprie- 
tors, or in two, vh. To each Twelve if it be found most 
convenient, and then a Subdivision to be made ; always 
minding that these eight who have sent over Servants and 
Goods in Company make one of the three, that being most 



42s NKW JEHSKY COT.ONlAT. PorrArF.N'lS. [1088 

just and cunveiiient ; as also if it iiiav be liad that at least 
two Tliousaiid Aci-es may lye toi^-ether for each Pi-o})riet<»i- 
to he a |)arti('ular J^hiiitatioii to them if they l)e so dis- 
})Osed. 

Vin. AVe judo-e it also needful, that not only this two 
Hundred and Forty Thousand Acres, now to he set out to 
the Projn-ietors, he freed of all Indian Incundjrances and 
purchased from them out of tlie Com])any's Stock, but that 
no opportunity be omitted of Purchasing more Land from 
the Indians until the whole Province be bought from them, 
and for this End whatever is there, of the Company's Stock 
or of the Prolits arising to them from the Quit-Rents, 
or other wise, be imployed. 

IX. We desire lie may make all needful Preparation 
towards drawing the Line of Division between us and 
Wfi.sf -Jersey, that it may be done as soon as possible it can ; 
and that in the interim to take what information he can, 
where it will fall, so that we may have a certain Account 
both of the Breadth and Length of the Province, and of 
the Qnantity of Land that is in it, and of the nature of the 
Soil and eonveniency of those hack Parts of it whereof we 
have not yet so particular an Account, and in this we 
could wish it might be discovered whether there may not 
a convenient Road be found betwixt PertJt Ihvvi and 
Burliixjiini. for the entertaining a Land Commerce that 
Way. 

X. As to the Quit-Rents, M'e desire it may be seriously 
considered M'hat has been said in the Sixteen and Sesen- 
teen Parragraphs of our foi'mer Letter directed to T. R and 
the Advice of Council, therewitii sent, to mind whether the 
Land be taken up according to the old Concessions ; for if 
it be not so taken u]>, it is strange M'hy we should be 
pressed to contirm it. Therefore Consider the third Article 
of tlie old Concessions, where all Leases and Grants are to 
be Registered. And the Fourth Article, the Surveyor 
General is to lay out and bound all Land, whicli is to be 
done by Order of the Governor and Council ; and in the 



1683] T^■^;^K^("r[()^■s to dki'. aov. f-awrik. 429 

Sixth Article it is expreslv said, ail tliat arc to l)e free Men 
of tlie said PiHtvince are tiist to be admitted l)j tlie Pro- 
prietoi's, or tlieii' ( )r(U'i- : it must also be examined whethei' 
any have not a ii'reat deal more Land than is in their Pat- 
ents, and in that ease we leave him to make the best 
Agreement with tiiem he can, so as it may appear to them 
we ai-e not so strict as in Justice we may : And also where 
any are run far behind in their (^uit-Kents and owe much, 
if they have much more Land than they have yet bronu'lit 
in or have present Tse for, we judge it no ill expedient to 

pass them their by past Quit-Rents, they of consent 

dispencing with a I^irt of their Land to the Proprietors use 
where it lyes conveniently, as where some have Ten or 
more Thousand xVci'es, and have ])erhaps used but a small 
Part of it, as yet, and payed none or very little Quit-Pent 
for it, they may be content to let go a good Part of it, 
rather then pay all their Rests and be liable to ])ay the 
Quit-Rents for all Time coming, so we leave him to bar- 
gain with them in such cases, as in discretion he shall see 
meet, not standing much with them upon small Matters. 

XL We desire as soon as conveniently he can. a true 
and cleai" Information of the State of the Land ah-eady 
taken up, of the Value of the (^)uit-Kents, of the rests 
owing, of the Agreements he may make with any of them, 
and of the Scituation, Nundjcr of Acres and Value of the 
Sevenths. 

XII. As for the Patents and (Irants of I>and given bv 
(Governor JS^lcholIs which several seems to stand upon, we 
desire it may be examined what Power Governor Nirholls 
had from the Duke, how far it extended, whether he had 
Power to sell, lett or grant Patents for Land in Jer-s''>/\s, 
also whether he made any Laws or Concessions, and if he 
had Power so to do by his Commission, and how his Com- 
mission was limitted for we have it not ; if he had no 
Power to make Laws oi- Concessions, then bv what Rule 
could they proceed to take u]) Land and settle n])on it. 
And whei'eas S(»m(' have pretended a right to (io\ernment 



4:30 NEW JERSEY COLONIAL DOCUMENTS. [1683 

as well as Soil, that cannot be : For suppose Governor 
Nichols bad Power to l>e Governor, it was to Govern by 
some Laws ; if so, where were tliese Laws, who made them, 
and by wbat Authority ; he conld not divide the Govern- 
ment so as to rescin'd one Part from the rest ; all those 
Things would be well considered ; where the difference is 
small we are willing the Advantage fall to the Lihabitants ; 
but where the difference resolves any ways to our con- 
siderable loss, if it, with the help of the Proprietors there, 
cannot be brought to a good Issue we desire the cause may 
be truly stated and sent to us, that we may consider of the 
means to remove it. 

XIII. We recommend to him to take care to let tlie 
People rightly understand the Advantages yielded to them 
by this Scheme of Government now sent over, and how 
much it exceeds their former Commissions, which if rightly 
Understood by them, Ave hope will lie a great means to 
satisfy them ; and also we desire that lie may as soon as 
possible he can, order it to be passed in an Assembly, and 
settle the Country accordingly thereunto. 

XIV. Whereas in the Tenth Article of the iirst Con- 
cessions, the Assembly is to raise and provide a supply, 
for maintaining of the Governor and defraying all Neces- 
sary charges, we recommend unto him the minding of this 
and Managing of it with all the Dexterity he can, that as 
we desire in all Things to approve our selves just to the 
Inhabitants, so likewise they ma}' be found so to us, in 
this necessary Point. 

XV. Whereas one George Lockhart, who has a consid- 
erable Plantation in the Province (as he informs us) is 
desirous to have the Marshalls Place, and offers (we giving 
him a Commission for that Othce, together with a Lott of 
'J'en Acres in Perth Town) to build us a Prison and Town 
House there, we do wholly leave it to him, to consider 
what Accoimnodation there may be to us in that Proposi- 
tion, and do hereby fully empower him to grant such Com- 
mission, and ai>pend our Seal unto it, and make such 



1683] INSTRUCTIONS TO DEP. GOV. LAWRIE. 431 

Agreement with the said George Loci-hart as (beino- n}X)n 
tlie Place) he shall see meet. 

XVI. It is recommended to take particular ins]:)ection 
into the coiiveniency of fishing, and serionslj to consider 
the Advantage which may probably accrue to the Proprie- 
toi's by an Improvement thereof, whereupon we will expect 
Information and Propositions to that effect; and especially 
as to the Whale Fishing, which we desire may be encour- 
aged, and to that end we do allow to make use of our 
effects there, rather then by Loss of Time in waiting for 
Advice from hence, the Fishermen should be drawn else- 
where for want of due Encouragement, as we Understand 
some already are. 

XVII. As to the Lotts at Aviho Point, and the Town 
of Perth^ there to be built, we desire that due Care may 
be taken that it may be made regularly according to a 
Scheme which is intended herewith to be sent ; to be sure 
that the Streets be large, that the Houses be not crouded 
one upon another, but that each House have backwards a 
considerable void for a Yard and Garden, that so no Street 
be laid close to the back of another without an Intervale 
of at least a pair of Butts, and that the Key and Market 
Place be also conveniently ordered. 

XVIII. Though we understand by S. G. and T. R.i 
their Letters, that the Parcel of Land intended for the 
Township is but Nine Hundred Acres, and One Hundred 
of Meadow, yet since Widow Cartright has offered Two 
Hundred lying well to it, we desire it may be accepted, 
and that Three Hundred more of what is most contiguous 
and adjacent may be laid to it, and so make us the Num- 
ber of Fifteen Hundred as was first proposed, that so there 
may be One Hundred and Fifty Lotts of Ten Acres a 
Piece; and we think it most convenient that there be 
made an entire Division of these Lotts amongst the Twen- 
ty Four Proprietors, which shall be about Six Lotts to 



1 Samuel Grooin aiitl Tlioiua.s Rudyaiil. 



432 NEW JERSEY COLONIAL DOCUMENTS. [1683 

each, all that is for Publick use being first taken off, that so 
each may build, sell, lett or dispose of their Lotts as the}^ 
see meet, which we judge will be the quickest way of 
Building the Town : But if any Lotts be Sold already by 
S. G. or T. R. according to the Order they had, if so be 
they, or some other of the Proprietors, be not willing to 
allow them in their Shares and take the price, then let all 
that is Sold be first deduced of the General, and be divided 
provato, and the liest be divided amongst the Proprietors, 
to be disjjosed of by them as is above mentioned. 

XIX. We do also hereby authorize them to call for an 
Account from Samnd Groonic of our Cargo of 750£. sent 
<)Vii\\ and desire thee to send us a ])articular Information 
per first how it is employed, how it stands, and what is 
become of it : Also in respect Saiitiid Gi'ooiiw^ the younger, 
has shewn so great an Inclination to sell his Fathers Pro- 
priety, which he has already a Right to, and that tiiereby 
Samuel Grooraej the elder, may either come back or be 
indisposed to serve in the Imployment of Surveyor Gen- 
eral and Receiver of our Rents, therefore we do herewith 
send a Blank Connnissiou fo'' Surveyor General, and 
another for General Receiver, to be filled uj) by him to 
such Persons as he shall find most ]iro])er npon the Place 
for that Use. 

XX. We do also hereby according to the Paction made 
betwixt thee and us, order thee as our Deputy Governor, 
to take Possession of the House belonging to the Proprie- 
tors, with the Orchards and Grounds belonging thereto ; 
and we order Tho/iiati IkHibjard to give thee Possessi(»n 
thereof; and we desire thee to take CJare to clear all the 
frivolous Pretences of Wid(nv Caiirhjld thereto. 

XXI. As for the Laws made in the last Assendjly, sent 
over to us, we have this to say, that by the first Conces- 
sions the Assembly has only Powei' to make Laws which 
ai'e to stand for a Year, unless they be approved by the 
Proprietors: Xow tho^ we have not much to o])pose to 
some of them, yet we see not meet to approve of them, 



1683] INSTRUCTIONS TO DKP. GOV. LAWRIE. 433 

becanse we Ikiao Iiere sent a frame of (Toveriuaeiit wliieli 
we are pers waded is far more advaiitagous for tlie Prov- 
inee, and we desire Things liereafter may be ordered 
accordingly : And for other transient Laws, we judge 
there is no need of multiplying them, which after this 
Method would quickly swell to too vast a bulk ; so that 
in most of those Cases mentioned in the Laws sent over, 
it is most j)roper and safe that the Common Law of Emj- 
laiid serve. London the Twenty of the fifth Month called 

Boi'ckiy^ for himself and for the Earl of Perth. John 
Dru/iniiiond, of Landy^ for liohert JBiirnef, Ar. Son/nans-, 
for myself, and for Robert Gordon. Thomas Barker and 
for Amhrone Il'xjgs. li'ichard Mew. Thomas Cooper. 
Clement l^lumstead, per Proxy. Iiohert Turner. Wil- 
liam Gibson, for himself and William Penn. Thomas 
Cox. Ja)nes Braine, elder. Thomas Hart. William, 
Dafkawa. 

X PoSTSCBIl'T, ifec. 

Meiiiorandum, It is also recommended to Gavni La/irrie, 
or the Governor for the Time being, and it is unanimously 
agreed, that wherever any Land is set out, or cast out into 
Divisions, to be distributed among the Proprietors, before 
it be by Lot applied to pai-ticnlars for the Encouragement 
of such as are ready by themselves or Agents to plant and 
improve, they shall have Choice of the Division before the 
Lot be cast : And for the further securing the Equity of 
this, that it be past in the first great Council as an Act ; 
and in pursuance of this, as to the Six Thousand Acres 
belonging to the Proprietors upon the South Side of 
Baritoa, over against Ainbo Point, that it be cast in three 
ecpial Divisions, two Thousand in each, for every eight 
Proprietors : And therefore the eight Proprietors who are 
now sending over in Company both Stock and Servants, 
shall have their Choice of these three Divisions. And 
whereas the three Lots must be cast asfain in eiffht Divi- 



434 NEW JERSEY COLONIAL DOCUMENTS. [1683 

sions, one for each Proprietor, whatever Proprietors at 
any Time hereafter isliall be ready to plant upon and im- 
prove his Share, shall likewise have his choice of the 
sub-divisions. 

Barclay/, for himself and for the P^arl of Perth. John 
Drumniond of Lu)uli/, and Jt(>J>ert Hvnict. A. Snn)iians, 
for m3'self and for Uolwrt Gotulon^ and for B. Gihrnii. 
Ambrose P'tyg. i'^d. Btlling. Thomas iho'l'er, and for 
Amhrose Big<J- Thomas Cooper., James Brai)u\ elder. 
Thomas Hart. Clement Plmnstead, P. IL and Proxy. 
Robert Turner. P'lehard Men\ Wdllam J)ochwra. 
William Gibson for himself and William Penn. Thomas 
Cox. 



Instructions for L<(i/ln<j (hit of PertJi Tomi in East 

Jersey. 
|Fiom the Original in the Possessiou of AV. A. AVhitchead.] 

London Sejitember y® 2P' 1H83 ^ 
M" Gawen Lawkie 
and 

M'^ S AMU ELL GkOOMe'-* 

Web viider written on behalfe of our Selves, and the 
rest of the Proprietors of the Province of East new Jer- 
sey, haveing further Considered that much of y" Interest 
of the said Province lyes in the exjjeditious building of 
y*" ground on Ambo Point, which we Intend shall be called 
Perth Towne doe give you the Orders, and Instructions 
following {Nv/y.) 

Imprimis That as soone as possible, after it shall please 



1 The copy of these iu.strnctions, seut to Scotland for the signatures of the Pro- 
prietors there, is in the libraiy of the Xew Jersey Historical Society. There aie 
some trifling difterences from the one vised for this work, in spelling, capitals and 
abbreviations, and a few of more consfquence. The coi)y for .Scotland has the date 
aJ- the foot of the instrument. Eit. 

2 The Scotdi copy has the name of Samuel (iroom erased, and the address is as 
follows : " >Ir (iawen Lawrie &c who are Proprietors & of ye Councell." Ed. 



1683] LAYINPr OUT OF PERTH AMHOY. 435 

God you arc Safe arrived in Kast Jersey you doe inspect 
what is done \'|)ou our former oi-der to Samuel Groome, 
coneeriung buildiuii; of twenty four houses in Peiih Toame^ 
one for eaeli Proi)riety, and in case they be not done, that 
tlien you cause them to be finished with all expedition, 
and that on each house there may bee bestowed thirty 
pounds 8ter*-' : ))rime cost in England but not more. 

Iti III that such Proprietors as are personally there doe 
possess or dis[)Ose of his owne house as he shall see most 
iitt 

Jfi'iii That sucli of y'' twenty four houses as belong to 
those Proprietors who liaA-e not sent servants to settle in 
y® said place, you are to dispose of, as you shall see most 
suitable to the Enconragm* of those who shall come to 
settle in the said Towne, and are destitute of houses to 
give them present entertaynm*, [the proprietors or their 
agents & servants comeing thither being lii-st accommo- 
dated J] 

Item What house is left for Rent tho the Proprietor 
be not present, nor have sent any servants to settle there, 
yet the said rent shall be applyed to the proper account of 
the Pes]>ective Proprietor of such house 

If em That you doe left no house belonging to any such 
Proprietor, but on this condition, that when himselfe, or 
any Agents, or Servants arrive to Inhabit tliere, the said 
house shall be Surrendered on Six '^ months warning. 

Item That it may appear how Greatly desirous the 
Proprietors are of y*' expediteing the worke of building 
this Towne They do vnanimously consent, and agree, that 
there be a house built for y® Governour at the publiqne 
charge and in pursuance thereof, doe hereby Order, and 
Impower you to Sett out such a portion of land, In snch 
convenient place as you shall thinke most convenient to 
build the said honse thereon, and to enclose so much 



1 The words between the brackets appear to have been added after the rest of 
tbe instrument was written, and do not appear in the Scotcli copy. Ed. 
;3 " Three," first written and erased. Ed. 



43f) NKW JERSEY COLONIAL DOCUMENTS. [1683 

ground as may be necessary, and JNIoderately vsefnll. for 
Garden, ( )rchard and other accommodations for a Gov- 
ernour ; And to answer the cliarge thereof, yon are hereby 
Ordered to mak vse of y'' Pabli(ine Stock In the said 
Province, and in ease that fall short, wee do consent, and 
agree and accordingly hereby Impower, yon to draw bills 
on such Proprietors as here bee at London by themselves 
And on such Proprietors as are in Scotland by themselves, 
and for such Proprietors as reside in y'' said Province you 
are to charge them with their parts there, so as, on every 
respective Proprietie, you Draw or Charge the valine of 
ten pounds ster. and no more, which if there be occasion 
for, it shall be layd out on the said Intended house for 
vour selfe, and those that Sncceed you as Governour of 
that said Province, and shall remaine, and for ever be 
deemed as the Publi(ine estate of the Pro])rietors in Joynt 
Stock ; but the four and Twenty houses to be first finished 
before y*" ({ouernors house go on 

Item you are also hereby ordered to remove the Go\- 
ernm*^ of the said Province to Pehtu Towne with all 
possible expedition, and that y'^ C'ounsell do sitt there, 
and that y*" Courts, and quarter sessions be held there, for 
time to come, till fnrther Order, and as soone as may be, 
that the Assembly do also sitt there, and that all such 
publicpie business be brought thither, as nuiy promote y*" 
dispatch of building the said Towne, and the trade thereof, 
to o-ive eiicouragemJ^ to all such as shall cimie to settle 

there 

lixiih that whereas there is six lotts, or shares of ground, 
over and above the 14-1: which make six a piece for each 
Proprietor wliich has been designed for Markets, wharfes. 
Prison, Town house ^ such like publique vse, it is desired, 
that the Intended house, and ground, for residence of y" 
Governour for the time being; bee sett out of part of 
y"' said six l<»tts, or shares ; But you the p'sent Governour 
and the (iovernour for the time beeing, are hereby Ini- 
i)OWi'ed to exchange any spot of ground, with any other 



1'5S')| T.AVTXr; OUT OF I'KRTir AMliOY. 4oT 

Mot vt'tt taken \'j) for t\\e liko ({iiaiititv, if tlic comciiieiice 
<it situation for tlie said house dtn' r(M|iiir(' it. And so wee 
l»id you licartly FarcM'ell. 

Tno: Cox (Jawiox Lawrik Wrr.i.. Dot k\\i;a 

JiKii: i\rKw Tuo: ('oopkr Tno: IIaim 

('i.ioi': Pi.r>rs'rKi) 'I'no'" I*)Ai;ki:k A\'m: (iiusox 

c^'"' pxy*^ fr iS: })x'' lor 

Koii'' Ti'KNEK. A>rBROs RiGft James Bkatn ; eldor 

I^atcd in London tlie SP.*^ day of Septend): anno Doni 
iTys;] v'v: sealed w"' y'' seale of tlie Province. 

I The signatures to the eo]>y sent to Scotland were 
ai'raiiged as follows:] 

Subscribed Tuo: Cox Tho: Cooper 

ill Scotland AVill: J)o('K\vrv (tAwj^n Lawrie 

the 22 of W: Gibson Tho*: Parker ct px'* 

Oct: A: ii of Tiio: Hart for Ambros Kiggs 

Xov. ir;8o Picii: Mew. Perth 

[l. s.] Cr.EM'' Pltmsted ct se PoT ]>URNEr 

pxy fr P. Jjarclay 

PoBT Turner. W*' Ctibson & 

John Hancock Proxie for 

Po«^ Gordon. W^' Penn 

Peter Sonmans Johanna Sonmans 

James Brain elder Rachel Sonmans 
J. DRu^r^roNU 
\ h)i(lofx('<I :\ T(» be sent For Scotland ct to be retui'ned. 



Governor DotKjdit^ of N'eiv Yorl\ to Governor Wdliam 

Penn. 

I From •■ IViinsylvauia iViehives,' \'ol. I., p s().| 

I was Surprised when Ca})t. Paker came to me and tohi 
me that you would ])ureliase his intei'est of Governor 
NieoU's his Patent, which seemed vei-y Sti-ange to me, 



438 NEW JERSEY COLONIAL DOCtMENTS. [1688 

because you had advit^ed me to it, and I told you 1 resolved 
upon it in Particular. 

Governor Rudiard came to me and seemed mighty 
angry that I should offer to buy it, he alledging that it is 
to Countenance the people to be mutinous against that 
Government, the which is absolutely contrary to my Prin- 
ciples and thoughts : if I have any Land there, as I ques- 
tion not but I shall before I see you, I shall as willingly 
submitt to the Laws of the Governnjent as any one Living, 
and Lay down my Proportion of Payments with as great 
willingness as any of them all — he seems not to be well 
pleased with you, because he has heard you designed to 
buy one of the Patentees interests ; I doubt not but what 
you do is for the Interest of his Royal Highness in this 
particular affaire ; If possibly I can see you before Winter 
comes on, I will. 

All business goes on here to great Satisfaction ; the 
Sesquehannok River is given me by the Indians by a 
second gift, about wliich you and I shall not fall out : I 
desire we may Joyne heartily together to advance the 
Interest of my Master and your good Friend : I expect to 
hear from you, how you would have me pi-oceed 
Dear Sir, I am your affectionate 

Friend & Humble Serv', 

Fort James Oct^' 22^^ 1 083 Tno. L)oNaAX 

" For William Penn, Esquire, 

" Governor of Pensilvania." — 



Charles 11. to tlic Gvoer/ior ond VouiirU of East New 

Jersey. 

I From I'nblic Kecord Ottice, Loudon.] 

C [|?oyal %m$,\ R 
Charles U. 

AlTHEREAS His Majesty for divers good Causes and 

^ * Considerations Him thereunto moving. By His 

Letters Patents bearing Date the 29th of June Anno 



1083] OHARLE!^ II. TO OOVKUNOK AND COUNTCIL. 4:^.9 

Dojn. l(iT4. ill the Six and twentieth year of Ilis Majes- 
ties Reig-n, was phrased to give and grant nnto His Dear- 
est Ih-other James Dnke of York, several Conntreys, 
Tshuuls and Ti-acts of Land in America ; Part of which 
were since called by the ><'ame of Nova Ca'saria. or New 
flersey, and was Vested in -luhn Lord Berkeley of Strattoii 
and Sir George Carteret Knight and Baronet, who are 
hoth of His Majesties most Llonourable Privy Council. 
and in their Heirs and Assigns : And the East Part ov 
Portion of the said Province of New Jersey, by a certain 
Deed of Partition afterward made, became the Share of 
the said Sir George Carteret, his Heirs and Assigns, and 
was agi-eed to be called East New Jersey, and was since 
Assigned to the present Proprietors. And whereas His 
Royal Highness James Dnke of York, by His Indenture 
1 tearing Date the 14th. day of March Anno Dom. 1682. in 
the Five and Thirtieth year of His Majesties Reign (for 
the Consideration therein mentioned) did Grant and Con- 
firm the said Province of East New Jersey (extending 
Eastward and Northward all along the Sea coast and Ilnd- 
sons River, from Little Egg Harbour to that part of Hud- 
sons River which is in Fonrty one Degrees of Northern 
Latitude, and other ways Bounded and Limited, as in the 
said Grant and Contirmation, relation being thereunto had. 
may more particularly and at large appear) unto James 
Earl of Perth, John Drummond of Londine, as also unto 
Robert Barclay of Yry Esq ; Robert Gordon of Cluny 
Esquire, and other His Majesties Loving Sul)jects in Eng- 
land, Scotland, and elsewhere, to the nnndjer of Twenty 
four Grantees, and to their Heirs and Assigns for ever, 
together with all Powers and Jurisdictions necessary for 
the good Government of the said Province. 

His Majesty therefore doth hereby Declare His Royal 
Will and Pleasure, and doth straitly Charge and Command 
the Planters and Inhabitants, and all other persons con- 
cerned in the said Province of East New Jersey, That they 
do submit and vield all due Obedience to the Laws and 



4:-t(> NEW JERSEY COLONIAL DOCUMENTS. [1683 

(iovennnent of the said (grantees, tlieir Heirs and Assigns, 
as absolnte Proprietors and Governonrs thereof (who have 
the sole Power and Riglit derived nnder His Royal High- 
ness from His said Majestv, to Settle and Dispose of the 
said Province npon such Terms and Conditions as to them 
shall seem meet) and also to their Deputy or Deputies, 
Agents, Lieutenants, and ( )fficers lawfully Connnissionated 
by them, according to the Powers and Authorities granted 
to them : And of this His Majesties Royal Will and 
Pleasure, the Cxovernour and Council is Required to give 
publick notice ; His Majesty expecting and Requiring 
forthwith a due Compliance with this PTis Royal Will 
and Pleasure from all persons, as well without the Prov- 
ince as within the same (whom these Presents do or may 
concern) as they will answer the contrary- thereof at their 
peril. 

Given at the Court at Whitehall the 23d day of 

November 1683. In the Five and thirtieth Year of 

His Majesties Reign. 

By His Majesties Command 

SlNDEKLAND 

To the Governour and Council of East New Jersey 
for the time being, and to the Planters, Inhab- 
itants, and all others concerned in the said 
Province, 



In the 85th year of his Majesties Reign, Marcli 14. 1682. 
His Royal Highness granted and confirmed the said Prov- 
ince of East-New-Jeksey to James Earl of Perth and 
others to the Number of Twenty four Grantees as Pro- 
prietors thereof; with all Islands, Bays, Rivers, Waters, 
Forts, Mines, Minerals, Quarries, Royalties Franchises, 
and Appurtenances whatsoever to the same belonging or 
in any wise appertaining, and all his Estate, Title, Interest, 
Reversion, Remainder, Claim and Demand whatsoever, 
as well in Law, as in Equity, of, in, unto, or out of the 



ir)So] ciiAia.Ks II. TO (;o\i;kxuk axi» ( oi'xcir.. 441 

same or aiiv pai't or j)arcel of the same. As also tiie free 
use of all Bays, llivers, and Waters, leading- unto or lyin^- 
between the said Premises or any of them, in the said 
parts of East-New-Jersey for JMavigatioii, Free Trade, 
Fishiuii-, oi- otherwise, together with all and every sueh 
and the same Powers, Authorities, Jurisdictions, (lovern- 
iiients, and otlier Matters and Things whatsoever, which 
by the said resi)ective recited Letters Patents, or either of 
them, are or were granted, or intended to be granted, to 
be exercised by his said Koyal Highness, his Heirs and 
Assigns, Deputies, Officers, Agents, etc. To be enjoyed, 
exercised, and executed by the said Grantees, Proprietors 
of the said Province of East-New-Jeksey for the time 
being, their Heirs and Assigns for ever, as fully aiul 
amply to all Intents, Constructions, and Purposes, as his 
said Ivoyal Highness or his Heirs, might, could, or ought 
to hold, enjoy, use, exercise or execute the same, by foi-ce 
and virtue of the said several and respective before recited 
Letters Patents, or either of them, or of any thing in 
tliem, or either or any of them contained, or otherwise 

howsoever. 

God save the King. 



The Pi-oprletors of Ead Jermij, in KJSH. 

[From Public Record Office, London. ] 

The Names of the present Proprietors of the i'rovince 
of East-New- Jersey ^ Are, as follows, Yi/. 

James, Earl of Perth, Lord Justice Gen(M-al for the 
Kingdom of Scotland. 

JoFiN Drummond of Londine Treasui-ei- I)e])uty for the 
said Kingdom. 

Sir George Meckenzie of Tai'bi-t Clerk to his Majes- 
ties Register and Rolls in the said Kingdom. 

Robert Barclay, David Barclay Junior of Ury 
Esquires. 

1 No date. The foregoing letter was priutud for cii-culation, and this document 
was appended thereto. Eu. 



442 NEW JERSF.Y COLONIAL DOCUMENTS. [1G83 

KoiJEKT Gordon of Cliiiiie Es(| ; 

Robert Burnet Gent. 

J-'eter Sonmans &c. Gent. 

William Penn Esq ; 

Thomas Ruddiar [Rudyard] 

Richard Mew ] 

Thomas Hart ,- Mercliants. 

James Braine ) 

(Jlement Plumstead Citizen and Draper of London. 

Tho. Cooper Citizen and Merchant Tavlor of London. 

Gawen Lawrie Merchant. 

Edward Byllynge Gent. 

William Gibson Citizen and Haberdasher of London. 

Thomas Barker ) ^^ , 

,,7- -r, - Merchants. 

Walter denttiall \ 

Robert Turner ) of Dublin 

Thomas Warne \ Mercliants 

Thomas Cox Gent. 

and 

William Dockavra of London Merchant. 

Here follows the Bound** of the said Province, and its 
Appurtenances, with the Natnre of the Title of His Royal 
Highness's Grant and Confirmation to Twenty four Pro- 
prietors, their Jleirs and Assigns for ever, Viz. 



'"pHE Kings Majesty by his Letters Pa 



'atents in the 16th 
and 26th of his Reign did give and grant to his 
Dearest Brother James Duke of York, his Heirs and 
Assigns for ever, among other things therein mentioned, 
All that Tract of Land adjacent to New-England in 
America and lying and being to the Westward of Long- 
Island, and Manhattas-Island, and bounded on the East 
part by the Main Sea, and part by Hudsons River, and 
hath n})on the West Delaware Bay or River, and extend- 
eth Southward to the Main Ocean as far as Cape May at 
the Mouth of Delaware Bay ; and to the Northward, as 



1^)83] NAMKS OF KAST .1KRSKY PRoPRII'.ToK^i. 44-3 

far as the Nortliermost Branch of the said Bay or River 
of Dehiware, wliich is in 41 Dei^rees and 40 Minutes of 
Latitude, and crossing- over thence in a straight line to 
Hudsons River in 41 Degrees of Latitude ; which said 
Tract of Land and premises was then called Nova C<vsaria 
or New-Jersey, with all the Lands Islands, Soils, Rivers, 
Harbours, Mines, Minerals, (Quarries, Woods, Marshes, 
Waters Lakes, Fishings, Hawkings, Huntings, Fowlings, 
and all other Royalties, Brotits, Commodities and Here- 
ditaments unto the said ]*remises belonging and apper- 
taining, or to belong or appertain, with their and every of 
their Appurtenances. 

His Royal Highness James Duke of York in the said 
Kith and 26th Years of His Majesties Reign, granted the 
Bremises to John Lord Berkley of Stratton, and Sir 
Geoi-ge Carteret Knight and Baronet both of His Majes- 
ties most Honourable Brivy Council, and to their Heii's 
and Assigns for ever. 

The Assigns of the Lord Berkley made Agreement with 
Sir George Carteret in the 28th Year of His Majesties 
Reign for Bartition of the said Tract of J^and and premises, 
to be l)y a strait and direct line drawn thorow the said 
Tract of Land from the North partition point to the South 
partition point ; the Easternly part, share, or portion there- 
of falling to Sir George Carteret, and was agreed to be 
called East-New-Jeksey : the which was assigned in the 
24th year of His Majesties Reign to several persons by 
John Earl of Bath and other Trustees of Sir George Car- 
teret deceased, by the consent and direction of Dame 
Elizabetli Carteret his Relict and Executi'ix, &c. 



Add'it'ioual Provisions to Chnstitution of East Jersey. 

[From "Grants and Conceesions," p. 179.] 

Proviso and addition to tlie Fimdamental Consti- 
tutions. 
Whereas We the Governor and Proj)rietors of East 



4:^i: NEW JKItSKY COLONIAL DOCUMENT?. [lf)S3 

Nein-Jei'.^cy ill An-K'/'lca, liave aoreed to a 8clieiiie and 
Form of Fimdainental Constitutions for (Toverniiient, 
greatly tending to tlie Benefit and Advantage of the 
Planters and Inliabitants of tlic said Province, wlierein 
we have conceeded divers Priviledges to them, and given 
them Cominnnieation of Part of the Powers we stand 
seized in; AVe have seen meet for good and weiglity 
Considerations as a fnrther Signification and Explination 
of our Intentions tlierein, to declare that we intend not 
(neither will we) that the said Scheme of Government he 
proposed or yielded to any Person or Persons but such 
as shall ])lant or come to he Inliabitants in the said Pi-ov- 
ince under ns, and by Virtue of Deeds or Grants from us, 
or our Agents, after our present Deputy Gaum Lawnj 
is arrived and settled there : But we do not yield them to 
such as have been or are Inhabitants of the said Province 
before his arrival ; yet nevertheless as we are most will- 
ing to approve ourselves both just and kind to the former 
Planters and Inhabitants, we declare and offer unto them 
the Benefit of the said Fundamental Constitutions, under 
the Limitations and Conditions after following and no 

otherwise. 

I 

That the Grants and Patents of all Planters and Inhabit- 
ants in the said Province, by which they claim to hold 
any Land in the same, be first viewVl and examin'd by 
our Deputy for the Time being, and the major Part of tlie 
Proprietors that come personally on the Place (who are 
not exempted in the twelfth Article of the said Constitu- 
tions from publick Trust) and be approved by them as 
justly and legally obtain'd ; and that if it be inquired into 
and found by them (or snch as they shall appoint) that 
their Lands, as to the Number of Acres, do agree with and 
not exceed their respective Grants and Patents ; and that 
our Sevenths be retain'd according to the old Concessions ; 
and that all legal Titles and Grrants whatsoever formerly 
obtained, and that shall hereafter be obtained, be entered 



1683] ADDniONAT. RKVIfilONS TO CONSTITUTION. 445 

ill tlio lU'W IiCirister for Coiitiniintioii l)y the [)restMit Pro- 
prietors iK'xer to be (jnestioued for ^J'iine to come, to tlie 
End there may he perfect Peace and Setth'ineiit of every 
Man's Title in the Province. 

II 

That they give liim and them Satisfaction as to the 
Arrearages of Quit Eents owing by them, to whicli we 
have just Eight, or satisfy liim or them for the same, by 
surrendering back such I*art of their Lands (to which they 
have good Title,) as shall be to the Value of such Quit 
Rents as they owe. 

Ill 

That they settle with him as to the punctual Payment 
of Quit-Rents for all Time coming : P>ut that no more 
Land than what does appear upon the Re-survey due to 
any Man (reasonable Commonage excepted) be continued, 
tho' he would pay the Quit-Rent, but tliat it be taken into 
the I'roprietors Possession. 

IV. 

That they agree in the General Asseml)ly or Great 
Council, to pass an Act for constant Support of the (tov- 
ernment and defraying the ])ublick and necessary Charges. 

But in case all or any of them prove obstinate and 
refractory in these Particnilars, we Avill and require our 
Depnty Governor to rule such as can justly claim to the 
former (/oneessions granted by Sir (rro/ye ('(uirfrf, accord- 
ing to them, and to recover our Rights that are due from 
them : And for others that do not readily comply with 
these Conditions, that he Rule them according to the full 
extent of the Power and Authority granted to us. as he 
will be answerable. 

IS^evertheless in Case the said Planters and Inlial)itants 
are willing to make a fair and honest Compliance with 
(Mir just Demands, to the End that the Settlement with 
them may not he retarded by our being at a distance, we 
herei)y grant to our Deputy, jointly with the Maj<u- Part 



446 NEW JERSEY COLONIAL DOCUMENTS. [1683 

of the Proprietors, (that come personally on the Place) 
not excepted as aforesaid, our full and free Power to settle 
and conclude with the said Planters and Inhahitants, or 
any of thera, upon such Terms as they shall judge most 
equal to them, and convenient for our just Interest ; and 
to distinguish such of them as he and they shall find very 
deserving in promoting the Proprietors just Interest, by 
particular Marks of Favour and better Allowance to them 
than others ; and that all such may be made partakers of 
the Benefits and Advantages proposed in the said Con- 
stitutions, but none other ; Only we do not allow any 
Agreement to be made for selling of the Quit-Rents to 
any, until we be further acquainted, and that we send our 
more particular Orders thereupon. In Witness whereof 
we have subscribed this in Scotland the Tcnih of Decent- 
her 1683, and at London the One and Ttrentleth Day of 
Decemher 1683, and thereto affixed the Seal of the Prov- 
ince for its further Sanction. 

Barclay. PertJt. JioheH Gordon. JilcJianl Mew. 
Thomas Cojl'. T/ioniat< Hart. James Bralne. Robert 
Burnet. Thomas Coo])er. Bartho. Gihson. WUl'iam, 
Gihson. Clement Plunistead, Wtlliatn, J)oel'inra^ and 
Proxy for Druitimond. Thomas Barler, and Proxy for 
Amhrose Biyg. 

To Gawn Lairrie., Deputy Governor, and to the rest of 
the Proprietors who are of the Council in I^ast JVew 
Jersey. 

From the Proj>r'ietors to Deputy Gocernor Lau^rle and 

Council. 

I From " Giants and Concessions, " p. 181. J 

Oawn Lawrie, and fellow Propiietors in Council. 

Wk have seen and considered the Letters brought us 
frcjm Baxt Jersey by John Barclay^ from Thonais Bud- 
yard and )Sanmel Grr/ome, and tho' we doubt not of thy 



1H84] PROPRIETORS TO LAWRIE AND COUNCIL. 447 

Prudence and Discretion in tlie rij^ht Manaij:;eineTit of our 
Affairs, yet iov thy t'urtlier Ease and Assistance, we have 
thouglit meet ujion those to achl what is hereafter, unto 
the tenner Instructions given thee. 

We are very sensible of SaDincl Groonie's honesty and 
iidelity to our Interest, and therefore cannot })ut very well 
ap]irove of his I*rocedings, I)oth in liis care in seeking out 
and discovering the best Land, and surveying it out for 
our Use ; for his endeavours to clear it of the Indian 
Incumbrances, and for his refusing to comply with the 
particular Interest of any there, by accommodating them 
Mnth Lands (or others at their Desire) to our general 
Prejudice ; and this w^e are willing to be signitied to him in 
our Name ; and we wish there may a Way be found where- 
by he may still continue to be concern'd with us : And 
tho' we are not willing to let Thomas B'ldyard want his 
due acknowledgment for his good Service done in resist- 
ing and curbing the tumultuous Spirits there, and for his 
Care of his own and our Concerns, in that respect, yet we 
wholy disapprove his offering to put another Surveyor 
over Samuel Groonw, and we will not that any such Grant 
of Land as having been yielded by Thomas liadyanJ 
after this Manner, and not surveyed by Samud Groonx^ 
be good and valid, but declare them to be void, as being 
done without our Knowledge and against our Interest ; 
for we will never consent to such a preparative, that the 
Governor and Council there shall dispose of our Land 
there upon what Terms, and to whom they seem meet, 
without the Consent of the greater Xumber of the Pro- 
})rietors or their Proxies. 

And as to Thomas Iiudijai'<rs Objections upon this 
Point, that it is to the Detriment of the Province, for that 
People have not Land to settle upon who are willing to 
come and dwell there, whereas in other Provinces several 
Thousands are (juickly accommodated, and have Land laid 
out to them. We Answer, tliat to avoid this difficulty we 
)iad proposed a very good way [to ir/'/) tluit Ten Thousand 



448 NEW JERSEY COLONIAL DOCUMENTS. [1684 

Acres of the best and most convenient Land sliould be 
laid out for each Proprietor first of all, and then let such 
as are there grant out of tliat Land as they j^lease and can 
agree, to such as offer there to plant, and leave others to 
follow such Methods for the improving of theirs, as they 
see most convenient; and thus all Occasion of Differences 
may be avoided, and not one encroach upon another, and 
those that come there to plant not want a Settlement : Nor 
do we see any difficulty in this Matter of the Ten Thou- 
sand Acres, seeing to facilitate the same, we gave Order, 
that wdienever any Ti-act of Land were found out and 
survey'd for the Proprietors use, it might be cast in three 
TiOts whether it be Twelve, Eighteen or Twenty-four or 
Thirty Thousand Acres, less or more; and the one Third 
cast together under the Name of tlie S'-otfs Proprietors, 
who will take care of the ordering tlie Sub-divisions there- 
of, by private and particular Orders to their own Agents 
and Overseers : And have also sent over Jo//n Held (and 
if he be found capable) a good Surveyor to make their 
particular sub-divided Surveys, after the Total is survey'd 
by the general Surveyor. And now we are of the Mind 
that for the more facilitating of this, when any Tract of 
Land is set out for the Proprietors in order to the making 
up of the Ten Thousand Acres above mentioned, it may 
l)e cast not in three ; but in two Lots, seeing the Scots, 
with those that are concerned with them, (ai'e resolved to 
follow that Method) nuiy make up the one half, or proba- 
bly will e'er this come to be put in Practice, being already 
1 Pei'tli,, 2 Lund II, 3 Bai'day, 4 Burnet, 5 li. Gordon, 
whereof G. L. hath the half, 6 Gawn Jjiwrie, which 
belongs to Arent Son/maiifi Children, 7 Arent Sonmans, 
now belonging to his Son, S Barthoim^iv Gibson, 9 Banid, 
Bardatj, 10 Wdliain Dookivra, 11 the half of IlicJuird 
j¥(:fio belonging to doJiu Ihincod-, AVidow Sonii}(insV>\Qi\\iix ; 
so that we doubt not but the one half nuiy be reckoned 
upon, and therefore we order, tluit the Tracts of Land 
survey'd out for the I^roprietoi-s may from tinu* f(t tinu; 



1684] 



PROPRIETORS TO LAWRIE AND COUNCIL. 



449 



be cast in two Lots, the one called the aScoU- Lot, and of 
that we will take care, for such of us as are therein con- 
cerned will not consent (as yet) our Shares thereof to be 
sold, or set out at two Pence, nay not at four Pence, one 
Acre ; since we have proposed other Methods to ourselves, 
and have a Prospect of turning it to a better Account ; 
and yet those may follow their own Way out of the other 
Part allotted for them, who think it their Advantage to 
set out Land at two Pence per Acre, or sell it oif to such 
as are coming there and offer to plant : Neither do such 
of us as are otherwise minded, intend to set our Land to 
lye unimprov'd, but hope to have it speedily planted, as 
by a Cargo nine Hundred and Fifty Acres sent lately 
from /Scotland may appear.^ And to the End there may 
be no Jealousy of design or unequal dealing, we give 
this positive order, that no Tract of Land above Forty- 
eight Thousand Acres be set out in two Lotts, viz. Twenty 
four Thousand Acres each, which will make tM'o Thou- 
sand Acres for a Propriety, and that the next Tract or 
neighbouring Land on the English Side, be appointed for 
the Scots Lot ; and the next Tract or neighbouring Land 
to the Scots Side, be appointed for the English Lot, and 
so toties (juotis, as Land is set out for the Proprietors : We 
propose the same Methods of casting in two, as to the 
Lots of Amhoy (now Perth) Town, cast by Samuel Groome^ 
nor see we any difficulty in getting it quickly to advance, 
after this manner, as Thomas lludyard, seems to judge 
in his Letter, for there is herewith, Orders sent, and a 
Fund proposed for the building Twenty four Houses, 
which is a good beginning, and some other Persons who 
have Lots, from the Scots Proprietors, intend to build 
some Houses also ; which will acconnnodate such as incline 
to come for a begining. And if by that Scheme, which 
is come over, the Lotts can be distinguish'd and the one 
Half, viz. every other Lot, 1, 3, 5, 7. 2, 4, 6. 8, and so 



J So in t)ie record. 



450 NEW JERSEY COLONIAL DOCUMENTS. [1684 

one be allotted the Scots in inanner as above, it may be 
easy by an Alphabet or tignre, presently to distiii2;nish 
the six Lotts belonging to each Proprietor, which we 
desire may be done and sent over with all expedition, for 
that would give great Satisfaction here. And such as 
have Subdivisions under particular Proprietors, would see 
where their Share lies, and then give Orders to Build 
upon them, and others would purchase Shares, so that we 
doubt not (this method being followed) but it would quick- 
ly go forward, so that we see no necessity, neitlier are we 
willing to give Lotts away, or at an under Hate, to the 
spoiling of that Reputation which we have been Instru- 
mental to get in Peoples minds, to the Advantage of the 
Colony in general and that spott in particular, upon the 
Informations formerly received. 

If so be also, there could be an exact Map of the Coun- 
try sent over, wherein these particular Tracts set out or to 
be set out, to the Proprietors, may be marked with the 
number of Acres they consist of, and the Division in two 
halves, (above desired) distinguished, it would greatly con- 
tribute to satisfy many, who are desirous to purchase ; 
and tho' this did prolong the Time of planting at present, 
yet it would afterwards more speedily and advantageously 
advance it ; and since those presently inclined to Plant, 
may by Grants out of the particular Shares, (or others 
who are there) be acconnnodated, we see not how we 
injure them by it, and we hope they will be more weary 
than to dispose of our Interest against our AVills. 

For the Indian purcluise, we shall wish it may go on, 
and tho' Tliomas Jiitdijard, says the Proceeding therein 
will exceed our Cargo which is there, yet we are so desir- 
ous of it that we are willing (so far as comes to our Share) 
that Gaim Lmfru' purchase it with the consent of the 
Major Part of the Proprietors on the Place, and draw 
upon us for it, and we shall answer it, vh. that it be luit 
purchased for any particular account, but on the joint 
account of all the Proprietors and not otherwise. It is to 



l(lS4-] PKOPRIETORS TO LAWRIP: AND COUNCIL. 451 

be minded that in onr Instructions sent with G. Lawrie^ 
we signified our unwillingness to confirm fully the Acts 
lately passed and sent over to us, but this must not be 
understood of them all, especially that whereby the late 
illegal Grants, voided by the Assembly, and passed by 
Vicears [ V/'ecars]. 

As to the Tenth Article of our Instructions given to 
G. Zaivn'e, we appoint that the joint assistance, and con- 
sent of the Major Part of the Proprietors on the Place be 
added to him, to act in the Business of that Article. 

It is not to be forgotton, that as soon as can be Weekly 
Markets and Fairs, at fit Seasons be appointed at Perth 
Town, and that care be taken that Goods be not exported 
to JVew-York, or other Places, but all be brought to Perth, 
as the chief Staple, and that a Charter, with all necessary 
Priviledges and Jurisdictions, be forthwith granted to that 
Corporation, to encourage People to settle there. 

Barclay for himself, and Rohert Gordon. Pohert Bur- 
net. Bartholomew Gibson. Perth. Clement Plumstead, 
per liohert Turner. J. Prummond. Thomas Cox. Wil- 
liam. Gibson. Thomas Hart. Thomas Cooper. Thomas 
Barker. Richard Mew. Amhrose Rigg. William Dock- 
\cra. London y Second of January 1683.^ 

Deputy Governor Lawrie, our Governor Barclay, de- 
sires thou mayest know, that this last Month of Pecemher 
1683, Sir John Gordon, of Edinburgh, hath purchased 
half a Propriety of Thomas Cooper ; and Robert Burnett, 
of Edinburgh, hath purchased half a Propriety of Clement 
Plumstead, both whieli they have conveyed, and the Deeds 
Sealed accordingly, which does make the better half now, 
and to explain the figures within, in Words at length, they 
are Forty eight Thousand, Twenty Four Thousand, Two 

Thousand for one Proprietv. 

W. 0. [W. D. ?] 

1 i(!.-':t-.|. 



452 NEW JERSEY COLONIAL DOCUMENTS. [1684 

Ayreciiitnt Rcajjcctlmj the Tah'tmj Up of Land hi Kast 

Jei'seij. 

[Fiom ••(irauts and Concessions," p. 186.] 

Agreement of the Proprietors about taking up Land. 

We the Governor mid Proprietors of the Province of 
East JVeio-Jerset/, beiug- desirous to g-ive all due encoiirage- 
inent to every one that purchases from us of that Colony, 
and do desire to settle there and improve their Lands, 
having formerly resolved and given Orders, that Ten 
Thousand Acres in the best and most convenient Places 
of the said Province, be with all convenient speed set out 
for each Pi-opriety, do hereby further declare and agree, 
that whoever has purchased any Share or Part of a Pro- 
priety, and goes over, or sends Servants to settle upon it, 
shall have a competent Number of Acres set out to him 
or them, lying together in the lirst Tracts of Land, sur- 
veyed or to be surveyed for the use of that Proprietor, 
of whom he purchases. Pdovided such «piantity of Acres, 
do not exceed the number hereafter specitied, and that 
they be granted by Warrants, limitted and expressed in 
the manner following, that is to say, all who has pur- 
chased one Twentieth Part, may have Five Hundred 
Acres in one Tract lying together, and the Warrant shall 
bear this express Clause, that it is in full of his Proportion 
of the first Ten Thousand Acres, to be set out to each 
Proprietie, and he who has a Tenth, may take up also 
Five Hundred Acres, but no more at first, and his War- 
rant shall express it in full, of half of his Proportion of 
the first Ten Thousand Acres aforesaid ; and if any have 
less than one Twentieth, he shall have as much together 
as his Share of the hi'st Ten Thousand Acres amount to, 
but no moi'e, and it shall be expressed also in full of his 
Proportion of the said tirst Ten Thousand Acres ; and 
where any such small jjurchasers (going or sending ovei- 
to settle a Family) has his full Proportion, he shall have 



[8.^4] lir/rrr.ATTOlCia for TAKTXfi- FT LAND. +i"'»?« 

tio fnrther T^nds, until tlie Propriefor of whom lifr hono^it. 
lave the full i-emainder of liis Ten Thonsanrl Ai*res set onr 
:o him : and that there he a new I)ivi?iion, nnles& in sn^h 
•aae wherein ;i.nv Proprietor wh«» sliall have sold one i>r 
nore small Parts of his ProprreTv, shall nesleet to settle 
li»^ and Servants on the rfst of his T^md 
as until the small pnrrhasers under hin. 
:)lanted and improved their Land set ont to them^ at their 
irst settling, as their Part of thettrst Ten Tlionsand Acres, 
ind tliat they tleaire more Land to settle, enltivate anrl 
mprove : in sncii caae. such smiall purchasers, shall have 
:he lilce ([nantity of Land as at frrst set ont together in <»ne 
Tract, ont oi the remainder of the trrst Ten. Thousand 
Acres surveyed,, or Fart of those Lands belonging to that 
Proprietor of wiioni lie pnrchaaed. and so to a third anil 
rmrth Division, in favonr, and for aeeoniniodatron, to 
^very such small pnrchaser. as shall from Time to T3me. 
lave well planted and improved tiie Lands they^ settled 
>n, when the Proprietor wiio sells to him shall ler his 
Land lye unsettled and unimproved, it being most reasena- 
r>ie that those wiio do let their Lands \j^ ne^eeted, and 
make no Improvement, should Iiave their Sliares left to 
le made np in after Divisions, nevertheless it is to be 
mdersTood that what Lands shall froni Time to Time, be 
5o let out to snch small pnrehasers that settle and improre, 
ihall be aceonnt as Part of their dividend, of their Pro- 
Dortional Sliare of the- Province. 

And it is also hereby declared and agreed, that rlu.- 
tn&tmment. with the concurrence of the (TT-)vemor, shall 
iie of good Authority to the Deputy (xovemor and (.'onn- 
?iL who is :dlow'd to give Warrants according to the Keso- 
Itrtion. for the Enconragement of all pnrehasers who shall 
transport their Families or t;^rvants to setl^e in the said 
Province, which will promote the Greneral Advantage 
thereof, cind for the better Publication and fuller contrrma- 
don of this Instrument, the Gtjveraor and Proprietors 
lave hereunto set their Hands, and have Ordered the same 



454: NEW JERSEY COLONIAL DOCUMENTS. [1084: 

to be Kegistered in London^ as also in ScotJ(fnd, and East 
Jersey, and to have the Seal of the Province lixed thereto, 
for its further Sanction. Subscribed in London, the Twen- 
tieth Day of Fehruary, in Scotland, the Twenty Ninth 
Day of the same Montli, and in East Jersey the Fourth 
Day of Oetoher, in the Sh and Thirtieth Year of King 
Charles the Second, Anno Dornmini, 1G83-4. 

Barclay. Eohert Burnett. Gaioen Lawrie. Perth. 
Barclay, for Robert Gordon. Thomas Cooper. Richard 
Mew. Thomas Barker. Walter Benthcdl. J. Driim- 
moncl. William Gihson. Clement Plumstead. William 
Bockivra, and Proxie for Thomas Hart. 



From the Proprietors of East Jersey to thr Planters. 

[From " Urauts and Concessions," p. ISri.] 

Robert Barclay, Governor and one of the Pro- 
piietors of the Province of East New-Jersey, 
and the other Proprietors thereof, unto the 
Planters and Inhabitants of the said Province, 
sendetli Greeting. 

Soon after it pleased the Almighty God, by his Provi- 
dence, to make it our Lot, to have the Interest of that 
Province, we esteemed it our Duty to be much concerned 
in taking due Care of the Affairs thereof, and accordingly 
we sent over two of our Number in October 1682, with 
Instructions and a Declaration to you of our just and 
honest Intentions. 

Since that time having received both full Information 
from them, and divers ways coming to understand more 
fully the State and Condition of things there. We are 
capable to make a more perfect Judgment of our Interest 
and of your Circumstances in Eolation to us, and have 
therefore for the better settlins: both the one and the 



1<!S4| I.ETTKK TO TIIK Pr.ANTKKs I\ KAST .lERSKV. 455 

otlier, sent over G<nr)) Lairrir^^ (one of our fellow Proprie- 
tors) vvlio we liope is before tliis Time with joii, under the 
Cliaracter of our Deputy Governor, in whose understand- 
ing and lionesty we rejiose full confidence, and with whom, 
as we have sent full Insti'uctions and Memorials towards 
the putting all Things in good Order, so we expect a 
suitable complyance, on your Parts, to our I*ro])Osals made, 
or to be made, by him, to whom we have given Credentials 
for that end, in the most ample manner. 

But we must 1)e plain to acquaint yon, that we were 
not a little troubled, to find that there are too many dis- 
satisfied and self-ended Persons, among you whose indirect 
designs did quickly appear in seeking to subvert our just 
Interest, that they might advance their own unwarrantable 
Pretences, who we hope are in some Measure rebuked by 
the disappointment of their vain Expectations of the in- 
validity of our Eight and Title to the Government. The 
clear Demonstration of the contrary, as it will encourage 
the more honest and sincere, so it will teach others to 
mind their duty better for Time to come, and bring them 
to be better acquainted with us than some of them seem'd 
to be, when they considered us as Strangers aiid Persons 
unknown to them ; but however, they may esteem us as 
such, we resolve not to be so foreign to our Interest there, 
but that we shall make it manifest, that Distance of Place 

1 The uame of Gawex Lawuie is first met with, in the histoiy of New Jersey, iu 
counectioii with those of William Penu aud Nicholas Lucas, as one of the assignees of 
Edward Byllynge. Lawrie was one of his creditors, and the management of his aft'airs 
probably led him to embark, with I'enn and others, in the East Jersey enterprise. As 
will be seen on page 4-25, his commission as Deputy Governor of East Jersey was 
issued in July, 1683 : aud shortly afterward he sailed for the Province, and took up his 
residence at Elizabethtowu. The first business reiiuiriug his attention was the estab- 
lishment of the seat of Government, in conformity with the views of the Proprietors, 
at Amboy Point, which, in a publication the preceding year, they had introduced to 
the world as "a sweet, wholesome and delightful place," and early in 1684 he had it 
laid out into lots, conferred upon it the name of Pekth, and established a ferry-boat 
between it and New York. Although he appears to have manifested gr'eat interest iu 
the Government of the Province, he failed to secure the favor of the Proprietors, and 
was superseded in 1686. He brought with him to Ea.st Jersey his wife (Mary) aud 
family ; one son — James, whose daughter, Isabella, married William Davis, of New 
York — and two daughters ; Mary became the wife of William Haige, aud Rebecca mar- 
ried Miles Forster. Lawrie died at Elizabethtown iu the Autumn of 1687. See '" East 
Jersey Under the Proprietary Governments,' pp. 168, 417, 4d3. Eu. 



456 NEW JERSEY COLONIAL DOCUMENTS. [1684 

shall not hinder us from such a narrow search and inspec- 
tion into our concerns, that those who think either to pos- 
sess our Lands by unreasonable claims, or any ways to 
conceal them from us, will find themselves mnch mistaken. 

And it cannot but manifestly appear, to all such that 
love the Interest of that Colony, that those that went about 
to propagate any Pretence, to oppose or weaken our Right 
and Title, could not be esteemed Friends, either to the 
Proprietors, or to the true Interest of their honest and 
well meaning Neighbours in our Country, since that was 
the way to expose the whole to be a prey to others as 
formerly it has been, but we hope by the Assistance of 
God, and the King's Justice and Favour towards us, so to 
prevent such Practices for the future, that all People 
residing in the said Province, (or any way concerned there- 
in) may rest in full Assurance of being protected in all 
their just Rights and Priviledges, and to receive all due 
Encouragement from the Proprietors. 

And as we have taken all just Care in those Matters, 
that you may reap much benefit thereby, so we do rea- 
sonably expect a due Submission on your Parts, to our 
just Rights, and to the Kings Letter consequential there- 
unto, which before this Time will be with you. 

We have seen and considered your Addresses made to 
some of our Number upon their Arrival, and hope that in 
a great Measure your desires therein are answered, as to 
what relates to the former Oppression you have been 
under, either from your Neighbours, or those who have 
heretofore governed you. But we find you lay that Stress 
upon your purchase from the Indians which it will never 
bear, for we would have you informed, that thereby you 
have acquired no Right but what is duly confirmed by 
us, or our legal Predecessors, unless j^ou would renounce 
all Interest and Protection from the King of England, 
and so Subject your all to a just forfeiture, but we will 
. not now descend into particulars, having given our Deputy 
full Instructions in all these Things, only we would have 



lCt84| SIR ,IOHN WRRtiEN tO (JOVKRNOU JloNciAN. 45Y 

you know that we have sent over l)y hiin, such a Scheme 
of Government, of which we may say witliout vanity, it 
is both just and kind to every Inliabitant in the Province, 
the Benefits wliereof you may partake off, provided (as it 
is our desire) you may deserve it by being no less just to 
us than we are ready to be kind to you, so Wishing you 
and your concerns all good Success, we commit you to the 
Protection of the Almighty and are your real Friends. 

Barclay. Perth. 1) rummmid . Geo. MeKinzie. Peter 
Sonraans. Po. Barnett. Win. Glh.mn. Barday., for 
Po. Gordon. Wm. PoeJi'wra, and Proxy for Thmnas 
Hart. Walter Benthall. ThoiDasi Cooper. Thoiiia.^ Bar- 
leer. Clement PhimMead. 

Given under our Seal of our Province in London, Feh- 
ruary Twenty n'nie.^ 1683-4. 



Letter from Str John Werden to Governor Pongan. 

[From "New York Colonial Doonnients," Vol. III., p. 341. J 

StR lE(etraet.'\ S' James's 10"' March (8?) 

The Comm'*' are unanimous in it, that no 

land beyond the bounds of E and West Jersey (betwixt 
the Rivers) ought to be separated from yo"" governem' upon 
any termes, and y*^ you should use great care to hinder 
M'' Pen and the inhabit'' of both Jerseys from obstructing 
y*" Peltry trade of New York, and y*^ in ord'' to y** you 
should prevent all you can the uniteing of any part of 
either Jersey with IVP Pen (wlio as you observe) is very 

intent on his owne interest in those parts 

Yours, ttc 




For the HoN^^ Co^^ Dongan His Pv" IP Lieu' and Gov'' of 
New Y^orke & its Dependancyes. 



458 NEW JKtiSFA' COLONIAL DOCUMENTS. [1684 



Fi-oDi, KliKj C/i(ni('s II. io t'thnrrd Bi/llijn<j>\ 

[From London Piibli.' Kecord Office, "America and West Indiew," J'lant. Gen., 
Colonial Entry Book, \o. 93.] 

To Our <ko. Edwakd Billing (lent' (4overnour of our 
Province of West oSew Jersey, and to tlie (Tovernour 
thereof for the time being 
Trusty t^c Whf:rkas We are infoi-ined of o-reat dis- 
orders and depredations daily committed to the prejudice 
<»f Our Allies contrary to Treatise Ijetween Fs, and the 
good Correspondence tliat ought to be maintained between 
Christian Princes and States ; and We having already 
given strict Order in Our Island of Jamaica against sucli 
illegall proceedings, by passing a Law for restraining and 
punishing Privateers <k Pirats ; Our Will it Pleasure is, 
that you take care that such a Law (a Copy whereof is 
herewith sent you) be passed -within Our Colony, whereof 
you are Governour which you are to certify to Ps by the 
first opportunity. And so &g Given &c JSTewmarkett the 
Ih^^ day of March 168-] in tlie Six & thirtieth yeare of Oui- 

Reigne. 

By his Maj''''** command 

SUNDHRLANI) 

Proceedings of a Covncil, (d Fort Jamcs^ on Indian 

Affairs. 

I From a certified Copy in the Library of the New Jersey Historical Soilety ; Papers 
ofF. J. Paris, "A,"p61.) 

At a Council held at Fort James April! 9',V 1684 
P'Sent the GovernV Cai)t A Brockhols M"" ffr fflypsen 
M"" Steph: Van Cortlandt M'.' L Santen.— 

Post Meridieia. 

The Indians of Minisinck being present 

the Governo!" sayd that they having been always Freinds 
to this Governm^ he wondred they had not been to see 



1(>84| I'KOCKKDINliS OK COUNCIL. 459 

him tliat the ^Fohoucks & others had done it that haviiio- 
sent for them ahont a little business he would give tliem 
To Tokens and gave them four Duftie Coats &c^. that the 
Duke having given some land to them of East Jersey to 
settle on and to be iDurehased w"' the consent of the In- 
dians he had sent for them to go along with some of tliis 
Phiee to run the line where that land is to be divided and 
tiiat they go up Straight to Delaware Eiver that he wouhl 
take no hind but what he buys from the Indians and that 
they of East Jersey are not to buy any on o"" side of the 
line of Partition.^ 

That he expected some from East Jersey and he would 
have tliem to o-o Straio-ht from Hudsons River to Dela- 
ware liiver and that one Sachem of each Nation should 
go and 6 others that he would have them Stay untill they 
of East Jersey come and should have Provisions until 
then. 

They answer they would do so but desired that they 
might go on the other side to Bei'gen and stay there until 
thev were sent for. 



Insti'uetions to JJe^niti/ Governor Lawi'ie and Other 
Proprietors. 

[From "Grants and Concessions," p. 195. | 

Robert Barclay, Governor and other of the Pro- 
prietors of East New- Jersey. 

To Gawx Lawrie, our Deputy Governor of the 
said Province, and to the Persons hereafter 
named, and to such other (palitied Proprietors 

1 The Minisink lands lay between the river Delaware and the Blue Mountains, 
partly in Susses County, K'ew Jersey, and partly in Ulster and Orange Counties, New 
York. They comprised much valuable territory, which was soon occupied by set- 
tlers. The title was contirnied by Queen Anne in 1704, and the whole tract subse- 
quently divided by commissioners among the owners. —John Clements " Xotes and 
ilemorauda Relating to the West New Jersey Society," p. 111. Ed. 



4^0 -^V.V: ,T1?.RSKY COr.OKTAL POfUMl^NTP. [1084 

and Proxy'.s who shall come u])()ii the Place, 
seiideth (Treetiiiij:. 

Whkrkas we have considered the Necessity in order to 
a full Settlement and good of our Province, that there he 
fnll and ample Power constituted in some Persons npon 
the Place, to do all Things that may contribute to the 
Good and Advancement of the same, whereby the Persons 
so acting may with full contidence and assurance proceed, 
and others there may with the greater freedom and clear- 
ness treat and conclude what is and ma}' be necessary : 
Out of the Trust and Contidence we repose in our Trusty 
and well beloved Friend Gavm Lairrie^ whom we have 
already constituted Deputy Governor of our said Province, 
do hereby give and gi-ant unto him our full Power and 
Authority, l)y and with the Consent and Advice of TJiovKi.-t 
Rii<]i/ard, Secretary of our said Province ; Thoma.s ^ya)'n^', 
one of our Fellow Proprietors, David Toshacl', of Mom/- 
weard, Partner with James Earl of Perth, and Sir George 
McKinzie, of Tarltuii^ and Proxy for them, Jolm Canq)- 
hell, Partner with and Proxy for JoJin Lord JJrmnniond, 
of Landr'ie, Iiohert and Thomas Fullerton, David Mvdy, 
and James Johnson, who are Proxies, respective for lliomax 
Ilart, Thomas Barlcer, Clement Phtmdead, and Tho)iias 
Cox, JoJin Darday, and David Barclay, Thomas Gord<ni, 
Aurthur Forlns, Captain Patrieh Magriger, all Sharers in 
Propriety's ; George Willcocl's, Proxy for Rohert Gordon, 
and Sharer of a Propriety, together with such other of the 
Proprietors as may come upon the Place, (who are Quali- 
fied according to the Constitutions) and such other Proxy's 
as we may make heroaftei-, to whom we commit oui* full 
Power to Act. and do for us even as we ourselves could 
do if present for the good of the Province, in the things 
and with the Reservations hereafter mentioned ; agreeing 
nine of them to l)e a Quorum, and the Major Part present 
to have Power to determine, and our Deputy Governor to 
have two Votes, viz. 



1684] INSTRUCTIONS TO DEPUTY GOVERNOR UAWRIE. 461 

I. 

To api'ove and continii t^iicli Acts of Assembly, as frcnn 
Time to Time there shall he found a Necessity to establish 
before Copies can be sent hither for our (Jontirnuition, but 
when ^\{i Futxhiiiu'iital Constitution.^ arc passed in Assem- 
bly, then to proceed according to them. 

II. 

To end and agree all Matters now in Debate betwixt the 
Pro})rietors and the former Planters of the said Province, 
and others, as to their pretences to Land, and as to the 
Arrears of Quit-Ilents, as to settlement of them for Tiine 
to come, and to grant them Patents accordingly, but not 
to sell otf any of our Quit-Rents, without vnir ])articular 
Order for that Purpose. 

III. 

To order, settle, sell, let, or dispose of by Patents, the 
Lotts for building, and other I^ands of Pi/ih, so as may 
best conduce to the advance and improvement of that 
Town, yet so as they may not reach the Share, in part or 
whole, of any Propriet(.»rs, who have already given particu- 
lar Directions for the building u])on or settling of their 
Lots for themselves or their Friends, or any in their Name : 
And what shall be so sold, let or disposed of, the produce 
to be applied to the respective I*roprietors whose Lots 
they are. 

IV. 

To purchase and take up Land in the I'roprietors Names 
(and no other) from the Indians as they see Cause, or iiud 
it Necessary. 

V. 

To set out Land upon Pent, to any there who may olfer 
to settle : And tho' in this we will not straiten or limit 
them, yet we desire all the forbeai-ance that may be, until 
we see what further Prospect there may be of sending 
over People enough from Kn<j]<in<l^ Scotland, and other 
Nations for that end. 



462 NEW JERSEY COLONIAL DOCUMENTS. [1684 

YL 

To run the several Lines of Division, and determine the 
Limits and Bounds of the said Province, either witli tliose 
of Newi- YorJi\ or Wed-Jorsey. 

VII. 

To take the readiest way they can, either out of the sale 
of Lands, or out of Arrears, or present Quit-Rents, or any 
other Effects belonging to the Proprietors in the said 
Province, so as may make good to Thomas Jiiidi/ard, One 
Hundred and Eighty Pounds, which together with Twenty 
Pounds due from him to the publick Stock by three rates 
laid on each Propriety, one of Ten Pounds and two o^ five 
Pounds a peice, do make up two JIundred Pounds Ster- 
ling, Value in England, being allowed him for his Service 
while he was Governor. These being the chief Matters 
we can learn from our Intelligence from them, as neces- 
sary to be at present taken care, for all other things of less 
Moment being sufficiently expressed and fully provided 
for in former Listructions and Warrants, we give them as 
aforesaid, our full Authority in the ])remises, reserving to 
ourselves the Power of Hevocation of this Authority when 
we shall see Cause ; in the mean time until Kevocation, 
whatsoever is acted hereby to be in full legal Force and 
Virtue. 

Given under our Hands and Seal of our Province in 
London, Atigust, Pr'nno, 1684. 

P. Barclay. Peiih. Druinnanid. P. Barclay for 
Poh. Burnett, and Pol). Gordon. Tlio. Cooper. Tho. 
Cox. William, Doehwra. Thomas Hart. Walter Bent- 
h(dl. Pichrrrd Mew. Tliomas Barler. Clement l^hnn- 
stead. 

To Gairn, Laau-le, Deputy Governor, and to all others 
herein mentioned, whom this may concern. 



1684] rROPRiETORS or e. jersey to got dongan. 468 

Kiui of PriiJi (did (}fJi< r Projirictorx of East Jersey to 
Gove I' nor JJovgan . 

[Eroin ''New York Colouial Uocuiueiits," Vol. III., p. 348.1 

Sir 

Wee did promise oiir seines in you a good and kind 
neighbour both. Judging you would have so inclined to a 
Colony wherein wee are soe much concerned. And that 
the regard you haue to your Master's honnor and intrest 
would haue obliged you to do it, considering wee are such 
as haue the hain)inesse to claime ane interest in his fauo"". 
Wee have discoursed with his Connnissioners at London 
of these things y^ were by you })roposed in relation to the 
bringing our C^olony under the Goverment of ^'ew Yorke, 
and doubt not but we have convinced them of the reason 
which induce us not to yeald to such a proposal), And wee 
Doubt not both the Duke and they are fully'convinced of 
our right in everie Respect ; Both of Gouerment, Ports, 
and Harbours, free trade and Navigation, and hauing 
spoke to the Duke wee found him verie just, and to abliorr 
the thoughts of allowing any thing to be done contrary to 
what he hath past under his hand and Scale; And wee 
persuade ourselues you will lay aside all thoughts of 
attempting what may reflect upon the Justice or honnor 
of Your Maester, or may give us just reason to complaine. 
Since there shall be no thing wanting on our Part that 
may tend to ane adwantadgious corespondance, whicli as 
wee e.\])ect from you So shall be seriously recomended by 
us to our agents and alwayes entertained, By 
Your assured friends and Seruants 

Perth. 

Geo. McKenzie 
Edenbrouirh 2:^'' August 1()S4 J. Drummond 

for CoLLONELL DoNGAN Leuta'iit to his R. IT. In Xew 

Yoark And Gommander in cheitfe of all his territoric 

in America 



464r NEAV JERSEY COLONIAL DOCUMENTS. [1684 



Account of Shipment to East Jersey, in August, 1683, hy 
Some of the Proprietors. 

[From a Copy among the Mauuscripts of W. A. Whitehead.] 

A Breiff Account of the Disposal! of the Joynt 
Stock sent upon the Shipp Exchange James 
Peacock M"^ the Last of August 1683. By 
David Barclay To East Jersey, by some of 
the Proprietors thei-eof ; 

Vizt There v;as Caryed over in goods. The Servants, freight, \ 

& some of the oat-meal which was sould here again, and - ^i^io. = == 
all other charges Deducted out of the . . . ) 



Note, the charges of furnishing out the two overseers and all a 

the servants cost above 300tb only a few beds &c: in- - ^^344.18 
eluded which made in all as above ... . ) - . 



So that there was in goods but £600. 2. = 

Jn 1684] Memorandum of this, ther is in Catle in 
the overseers and servants custody Vizt 

John Hanton hath . 9 Cowes 

John Reid . . .8. 

James Reid and Peter watson 4. In all 21 Cowes and 15 Calves 



More. John Hanton received 6 oxen 

James Reid and Peter watson 4 

John Reid . . . »> In all l(i oxen 



A Bull in halve 
for acco^ AVil- 
liam Dockwra 



It Makes 37. 

This is 37 head of Catle, besides 
the 15 Calves, and a Bull bought 
in partnershipp with John Car- 
rington overseer to W'" Dock- 
wra the cost and Charges of 
them all amounts to . . il55.15. 



1684] SHIPMENTS TO EAST JERSEY. 465 

In horses and Mares as follows viz?^ 

John Hanton hath 2 horses and 1 u.iart 
John Reid , 2 

i 
James Keid and Peter Watson 2 mares 

3 

Horses & Mares In all 7. cost £38. 9.2i 

In Breeding Sowes, viz^ 

John Hanton receaved 2. 
John Reid . . 1. 
James Reid and partner 2. In all 8 cost . . . .£8. 4.5^ 

Delivered in provisions vtensills and necessarys to John Han- 
ton the value of £144. 6.11 

Delivered to John Reid in provisions & necessaries . . £147. 2.= 

Delivered to James Reid and peter watson in provisions and) ^ 

necessaries the value of ..... > 

Disburst for several publick charges on the compauys acco*' > ,..,19 iq -1 
and for building John Reid houses as p. account . > 

It^UBe 1 Left in goods and provisions viz^ 

tlieise 3 Articles corn and pork in the Cuntry 

Qf the value of . . . £81.17. 7 

John Barclay in Debts there the value of . £10,5.= = 

& 

In John Marsh hands for build-) /.q- in 9 
tne overseers i^g JqI^ Hantons house . ) 



Myexpencesin the Country & passage to London . . £48. 4 — 

Brought over with me having Deducted nothing for my owne \ 

provision being 20 Months in the companyes service - *^°-lo- ■* 
£47?' 2? lO'l starling is in that C^ountry money . •. ) - 

1 So that the Stock in Cattle & ye building & alD illOrfi 1 7 

charges in settling cost .....> 

And tlic Servants to reniaine for 4 Yeare from their 
first tyme 

This is David Barclays Abstract of things wlierein I am 
concerned one liundred pounds stock, a true Coppie of 
what he gave to me Will: Dockwra 

The large .acco'' of particulars are entred in the books 

i AVhai follow.s is in tlie hand-writinir of W. Dockwra. Ei>. 



466 



NEW JERSEY COLONIAL DOCUMENTS. 



[1684 



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470 NEW JEKSEY COLONIAL DOCUMENTS. [1684; 



Inshmctions delating to the Setting Out of Land in East 

Jersey. 

(From " Grants and Concessions," p. 190.] 

Robert Barclay, Governor and one of the Pro- 
prietors of the Province of East New-Jersey, 
and other of the Proprietors thereof. 

To the Deputy Governor and the Proprietors in Council 
there^ Greeting. 
Whekeas in the Month of March last, there was sent 
by Thomas Singleton, bound for East Jersey., &c An 
Instrument hearing Date the Tvjentieth Day of February 
last, wherein the Propi-ietors did among other Things, give 
Order for the setting out of convenient Tracts of Land, to 
accommodate small Purchasers at their Arrival in the said 
Province to settle upon, to he appointed them out of the 
lirst Parts and Dividends of the Ten Thousand Aci"es, 
order to be set out for a Twenty fourth Part to each Pro- 
prietor, (and so pro Rata) out of such Lands beh)nging to 
them, of whom they particularly purchased. We having 
since further considered that suc!i small Purchasers, who 
are now ready to transport themselves, and otiiers who 
may shortly after follow them, may have occasion for nmre 
Land to settle their Familys upon, than can be iiad for 
their shai-c out of the Hrst Dividend of the Ten Thousand 
Acres taken up. or due to such particular Prop;iet<ir or 
Proprietors of wliom they purchased : Now in Considera- 
tion of the great 13enefit that will accrue t<i the Cnluny in 
general by encreasing the Numbei'S of laborious People, to 
go over with their Families to plant and improve the 
Country, and being well satisHed that one Way to piomote 
BO good a AVork, is to give good Encouragement to all 
small purchasers by furnishing them as soon as they come 
over, with a suthcient Number of Acres, to u/ake a good 
Farm or Plantation in one Place. 



1684] INSTRUCTIONS FOR APPORTIONING LAND. 471 

We the Governor and Proprietors abovesaid, have agreed, 
and do hereby order you the Deputy Governor and Pro- 
prietors that are of the Council, or the Major Part of you, 
first to Cause the Surveyor, by your Consent and Direc- 
tion, to set out to every such small purchaser as shall come 
over, their Shares due to tliom, out of the Dividends of 
that Proprietor or Proprietors, of wliom they have pur- 
chased, proportionable to what they have bought, and if 
any small Purchasers Share out of the Proprietors Divi- 
dend, (of wliom he bought) amount not to Jim Hundred 
Acres, then that you make up five Hundred^ (if the Pur- 
chaser desire it) out of the rest of tliat Proprietors Land of 
whom he purcliased. 

But if any Proprietor have sold to several small Pur- 
chasers, so that each that come over, cannot have fiva 
Hundred Acres, out of his Share, of the first Dividend of 
Part of the Ten Thouscmd Acres, then those Purchasers 
who first came together, shall have their proportionable 
Share (a peice) towards making up five Hundred Acres, as 
far as such Proprietors Dividends will amount unto of 
whom they bought ; the true Intent and Meaning thereof 
being this. That where any Proprietor (who hath not sent 
Stock and Servants) shall sell any Part of his Land to one 
or more Purchasers, his whole first Part or Dividend of 
the Ten Thousand Acres shall be taken, (if need require) 
to accommodate these small Purchasers to whom he sold, 
with/w Hundred Acres of Land a peice, (if they desire 
so much) before any others of the Proprietors Lands shall 
be meddled with for that purpose. 

Be it also further Agreed, that in Case there be not 
sufficient Land, in any Proprietors first Dividend of the 
Ten Thousand Acres, (who have done nothing towards 
the improvement of his Part, by sending Stock and' S'er- 
vants) as to make good five H.mdred Acres to each small 
Purchaser (to whom he has sold) when he comes to settle 
his Family in the Province, then in such case that the 
Surveyor (do by your Consent and Pirection) first set out 



472 NEW JERSEY COLONIAL DOCUMENTS. [1684 

to such small Purebasers, so much as his Share conies to, 
and what more can be made out of the remainder of tlie 
tirst Dividend of the Ten Thotisand Acres belonging to 
that Proprietor of whom he purchased ; and wliat is want- 
ing oifive Ilundred Acres to each small purchaser, it shall 
be lawful for you the Governor and Major Part of the 
Proprietor of the Council, and you are hereby ordered to. 
cause the Surveyor (by your Consent and Direction) to set 
out without delay so much Land, out of some other of 
those Proprietors Shares or first Dividend of the Ten Thou- 
sand Acres, as shall be enough to. make up every small 
Purchaser full five Himdred Acres (if he desires so much) 
at his first coming to settle his Family in the Province, 

And we the. said Governor and Proprietors desire that 
you the Deputy Governor and Major Part of the Proprie- 
tors, in the Council, have respect to these particulars fol- 
lowing, in the Prosecution and Managing of this Order, viz. 

I. That no Land be set out to these small Purchasers 
by his or your particular choice, or election, even from, 
the Share or first Dividend of the Ten Thousand Acres. 
that falls to that Proprietor of whom he or they bought, 
but that their Part thei-eof, (whether more or less) be 
divided by Lot to them. 

II. That Avhere any small Purchasers shall be accom- 
modated with more Land out of any other of the Proprie- 
tors first Dividend, of the Ten Thousand Acres as before 
is appointed, it shall not be taken out of such Proprietors, 
Land who has sent Stock and Servants, or made any Settle- 
ment on his Share but out of such Proprietors Shares who 
have not sent Stock and Servants, and whose Lands lye 
unemployed and not improved. 

T^ll. Tliat the making up of the fivf^ Hundred Acres 
to .each small Purchaser (if he desire it) shall be set out of 
the Proprietors Dividend who has not sent Stock or Ser-' 
va,nts, that lies contiguous to such small Purchasers :first 
Part of the five Hundred Acres of Land set out or intended 



1084^] INSTUl ("I'loNt^ F<»K .V1>I'()UTT(>NI.\<; f-AND. 47''* 

to In- set out to Iiiin : And in C^use no sucli I*i-oprietors 
Land Ije eontionons (or next adjoyning) then 'tis left to 
von the Deputy (Tovernor and Council, to ai)point the 
Surveyor out (^f which of such Proprietors Dividend to 
set it out, but it shall not he otherwise set out, than by 
casting an equal Lot. 

LV. That where any Proprietor having his full Tvm'iUij 
fourth or Forty elghtJi Part, sends over in his Name, 
either Servants or Stock, or such that are willing to farm 
Land of him, so as to become his Servant, shall have as 
large Tracts of their Proportion, as may suit with the 
IS^umber of People thus sent over upon their Account, 
and the conveniency of the Place and other Circumstances, 
to be adjudged by the Deputy Governor and concurance 
of the Major Part of the Council. 

V. That due care be taken to reprize every such Pro- 
prietor as Parts from Land, to accommodate -such small 
Purchasers out of the next Dividend of the Ten ThouHand 
Acres, or as soon as so much Land is found to make it up, 
and that as near as may be, the like Land for Quality and 
Goodness and Situation be made Good, and where that 
cannot be had, that special liegard be had to repair them 
by Quantity and by such other consideration, as in the 
ballance of Justice and Equity, the Exchange may be made 
equal. 

Yl. That such small Purchasers have no more Land 
than his own Share comes to in the second, third, fourth 
or any further Dividends of Land than the '^x^t five Han- 
(Ired^ Acres, unless he have first cultivated and improved 
the said five Hundred Acres, and wants and desires more, 
arid in such Case the Deputy Governor and Major part of 
the Council to adjudge thereof, and if they see it just to 
give him more Land for further Encourgement, yet we 
hereby limit that it shall not exceed five Hundred Acres 
more. And such small Purchasei's as have bought under 
a Tenth Part, shall not have more Land t\va.nfive Hundred 
Acres at first, nor afterwards more than their Share of 



474 NE\V JERSEY COLONIAL DOCtJMENtS. [1684 

the whole first Ten Thousand Acres reaches to, until 
another Dividend beyond the Ten Thousand Acres be 
made. 

VII. You are hereby ordered, tliat strict Care be taken, 
tliat no Part of any Proprietors Interest whatsoever in 
the other Moiety of that Tract of Land upon the South 
oi Bariton Eiver, called Changa7'ora, (one Moiety wliereof 
being already allowed to be taken up by the Scots) nor any 
land at Arnboy Point, nor within two Miles distant every 
way round the intended Bounds of the Lands belonging 
to the intended Town or City of Perth, (as it is demon- 
strated in the last new Model drawn and sent you by 
Thomas Singleton) be taken away to be added to any of 
these small Purchasers, or any other Purchasers, but that 
every ones Share and Interest, and Dividend tiiereiu, be 
reserved to himself, as well to those Proprietors who have 
not sent over Stock and Servants, as to those that have. 

Nevertheless it is not to be otherwise understood, but 
that every small Purchaser has a right to his own Dividend 
in the said Lands of Changorora, and his Share in Perth- 
Toion, and the Lands about it, and you are to appoint the 
Surveyor to set him out his Dues accordingly out of the 
Dividend of such Proprietor of whom he bought, accord- 
ing to the Proportion of the said Purchase, and not other- 
wise. 

Lastly^ "We hereby unanimously agree that this order do 
continue for the Term o'i fo^ir Years next following the 
Date hereof and no longer. 

Given under our Hands and Seal of the Province in 
London, May third, Anno Domini, 1684, and in Scotland, 
May 1684 

Bmclay. J. Drummond. Roh. Burnett. Clem. Plum- 
stead. Will. Dockwra, for himself, and as Proxy for the 
Earl of Perth. Tho. Hart, for himself and Walter Bent- 
hall. Tho. Cox. Tho. Cooper, Rich. Meio. Tho. Bar- 
ker. James Brayne. Tho. Robinson. Willm. Gibson. 



1684] EXCLlTSIVE TRADE OF HUDSON RIVER. 475 



Duhe of York to Governor Dongan 

[From "New York Colonial Documents," Vol. rn.,p. 348.] 

Coll. Dongan 

My Com''^ are makeino- w' dispatch they can w"' those 

Bills that you have sent hither, and particularly w"* y^ w*^*" 

conteynes the Franchises and Priviledges to y^ Colony of 

New Yorke, wherein if any alterac'ons are made (either in 

y'' forme or matter of it) they will be such as shall be 

equally or moi-e advantagious to the people there, and 

bett"" adjusted to y® laws of England. In the mean time 

because of some rumours I have inett w'*^ as if some of 

yo*" neighbors und*" colour of grants from my selfe or upon 

some other groundless pretences endeavour all they can to 

obstruct y*^ trade of Kew Yorke and Albany ; I thinke it 

fitt hereby to recomend that to you in an especeall manner 

that 3'ou may not suffer any iniiovac'on within that river, 

nor any goods to pas-se up it but what shall have paid the 

dutyes at New Yorke ; we to p'sorve the clieife benefitts 

of y*^ trade to the inhabitants ami traders of New Yorke 

and Albany w*^'^ is agreeable to y*^ Laws of yo"" Colony and 

the practice of yo*" p'deces" and necessary for the collecting 

those Cusfomes and otlier dutyes w*^^^ must helpe to sup- 

]->()rt yo'" governeni'^, And if }0u find that y° Inhabitants 

of East Jei'scy have any other wav of tradeing w'^ the 

Indians then by the Iviver of N. Yorke that you will use 

your endeavours to prevent it, and give me advise thereof 

w'^ yo"" opinion \\^ is proper for nic to doe in it : my desire 

being to preserve the Indian Trade as entire as I can for 

the benefit of the Inhabit^ and traders of New Yorke ]3re- 

ferably to all others 

I am &c 

Windsor 26'^^ Ang^' (84) 
To Coll. Dongan &c 



476 NEW JERSPA* COLOKlAL hocuMents. [1684 

,SV/' Jiilin Wci'ili'h to Gorct'nor T)<nuj<iii. 

fFiom "New York Colonial DofuniontM," Vol. III., p. 'ii\^.\ 

Sir [Krtrarf.'] S* James's 27'" Aiig-^' 16S-I- 

You say Cap' r>illop will sell his plaiita- 

c'on on Stateu Islaiicl,! and if he doe, certainely 'tis best 
y' yon endeavo"' to procure some inhabitant of New Yorke 
rather to buy it y° suffer any of those of New Jersey to 
doe it ; but whosoever buys land in y* island, it being 
under yo'" governm' he must be lyable (as well as others) 

to the Laws thereof. 

Touching Susquehannah Kiver or lands ab* it or trade in 
it, w*"** the Indians convey to you or invite you to, we 
thinke you will doe well to preserve yo'' interest there as 
much as possible that soe nothing more may goe away to 
M'" Penn or ether New Jerseys. For it is apparent they 
are apt enough to stretch their priviledges as well as the 
people of New England have beene, who now probably 
will be reduced to reason by prosecution of the Quo War- 
ranto w''*' is brought ag*"^ y"' ' 

For Coi.i. DoNciAN (Szo 



Instruct io/i.'< to Dt'patu Goremor Lainrit', Relative to the 
Taking Vp of Land in EaM Jemey. 

[From ••(Irants and Conce.isions,'' p. 198.] 

Robert Barclay, Governor and one of the Pro- 
prietors of the Province of East Jersey, and 
otlier of the Proprietors of the said Province. 

To our Deputy Governor Gawx Lawrie, and to 

1 On the south end of the island, opposite Perth Amboy : sub.sequently known as 
'Bentlv M.anor." Ec. 



1684] INSTRUCTIONS AS TO TAKING UP LAND. 477 

the Deputy (Tovernor for the time being, and 
nil othei's wlioiii tliesc Pi'eseiits may eonceni, 
Greeting. 

We the (Tovernor and J^roprieturs ahovesaid, having of 
late received sundry Letters from our said I^eputy Gover- 
nor, concerning the Estate of our affairs in the said Prov- 
ince, and having duly considered tlieni, liave thought tit 
for the better settlement of the Particulars hereafter men- 
tioned, to give and grant our full Power and Authority 
unto our said Deputy Governor /.«y/.vvV, and the Deputy 
Governor for the Time being, joined with any live or more 
of the Persons who ai'e upon the Place, and are Named in 
the late Instrument, Dated the, p'rst Day of AagtiM last, or 
the Major Part if under live of them U])on the Place. 

I. 

To end all C-ontroversies and Dilferences with the Men 
of Neversink^, and Elizabeth- Toion., or any other Planters 
or Persons M^hatsoever, concerning any pretended Titles, 
or claim to Land in the said Province : And we do hereby 
declare that we will not enter into any Treaty on this side, 
with any of those People who claims by Colonel NlcholU 
Patent, nor with any others that (challenge Land by Patents 
from the late Governor Carteret, as being both an Affront 
to the Government there and of evil consequence to make 
Things to be put off by delays, and thereby hinder the 
settlement of our affairs in the Province. 

And we hereby forbid the selling of any of our Quit- 
Rents Avhatsoever, only we do allow the acceptance of 
Land back again, or Composition for Arrears, as in a for- 
mer Listrument was appointed. 

II. 

We give our said Deputy (Governor Lator'n', or the 
Deputy Governor for the Time being, in Conjunction with 
any five of the commissionated Persons aforesaid, or the 
)najor Part of tlieni if under five uj^on the Place, our fnll 



I 



I 



478 NEW .TEKSEY COLO>:iAL DOCOIENTS. [1684 

Power and Antliority to ratify all the Laws which he hath 
lately confirniefl, to continue for the space of three Years, 
to commence from the Day of passin<^ of the said Laws in 
the Asseirihlv of the said Province; exceprino; the Law 
relating to the Militia as it is already restricted hy the 
Deputy Goverrior ; and that Chaise in another Law dis- 
abling Henry Greenland to boar Othce : And as to the 
Law wiiieh I'elates to the first Day of tlie AVeek, we recom- 
mend him and them to a further Consideratiitn thereof, 
least it prove a burthen to some tender Consciences who 
may find it their Duty not only to testily against the 
Jewish Superstitions, but al.-o against some others in tliat 
point. We do also hereby impower him and them to 
ratify and confirm all such Laws as shall hereafter by Act 
of Assembly be made, for the lil<e Term of three Years 
from the Date they shall he past. But we do require this 
one Thing concerning the Court of common Right, that it 
be always held at our Town of Perth if it be possihle ; and 
that all other necessary Courts, as also the Assembly (when 
called) do sit there; and particularly the Deputy Gover- 
nor, for the Time being, do inhabit there, and convene his 
Council in the said Town of Perth. 

IIL 

To remove the Restrictions in the late Instrument in 
favour of those Persons who have purchased Shares, and 
such as have sent Stocks, or gone over to settle in the said 
Province. That Changoraza, or any other Place, be not 
limitted, seeing by that Example we are subject to wrong 
Notions of the Convenience and Situation of Land, so that 
by making such Limitations we hazard the perplexing of a 
riglit Management of those Things which we would have 
carried on tor the Accommodation and Encouragement of all 
that send Stock or go over to settle in the said Province. 

IV. 

To set out forthwith, without delay, to all those who 
have imported Servants since the last Grant from tlie 



1684] INSTRUCTIONS AS TO TAKING TP LAND. 479 

Duke, of the Fourteenth of March, One Thousand Six 
Hundred Eiglity and Two, tlieir just dues for each head 
to continue until tiie Twenty Jifth of March next ensuing 
the Date hereof, and that such Servants as liave or shall 
:ionie into the Province, within tliat Limitation, may have 
their Twenty five Acres, set out to them upon their Appli- 
cation, and be possessed thereof as soon as their Times of 
Indentures be expired, provided th.e Master or Mistress do 
Certify to the Governor and Council their fulfilling the 
Contents of their Indentures, or Articles ; or in failure 
thereof, the Servants making it appear to them bv suffi- 
cient Testimony : And for all such Lands relating to Ser- 
vants Heads imported, We the Governor and Pmprietors 
do give our full Power and Authority to our Deputy 
Governor for the Time being, to grant Warrants to the 
Surveyor immediately, to set out such Lands to whom it 
is due, and to proceed therein according to ihe form pre- 
scribed in the Concessions, so as a Deed or Patent may be 
given and signed by the present Governor Lavyrie, or the 
Governor for the Time being, and thi-ee of his Council, or 
by four if more than six, and Scaled with the Province 
Seal. And for as much as such Land was intended to be 
freely given for encouraging the Importation of Servants 
for the good of the Province, also by some Mistake in that 
Matter is tvjo Pence per Acre, appointed to be paid by our 
former Printed Paper, we do hereby consent and agree, 
that in such Grants for Land relating to the Importation 
of Servants, there be only one Penny per Head, and no 
more inserted to be paid as an Annual Quit-Pent for their 
Land, any Printed Book, Order, Custom or Usage to the 
Contrary thereof in any wise notwithstanding. 

V. 

For the avoiding all Exceptions about the due and regu- 
lar proceeding in setting out of all other Lands in the 
Province, we do hereby agree, that the Deputy Governor 
for the Time being, shall Grant his Warant to the Sur- 



480 NEW JERSEY COLONIAL DOCUMENTS. [1684 

veyor to set out any Lands that are to be taken up, or 
otherwise appropriated to such as have Eight, and the 
Surveyor to proceed according to the Concessions ; and 
when the Grant is ready, the Governor and his Council or 
any three of them, or four if more then six of the Council 
shall Sign the Grant, as hath been accustomed by the 
former Concessions of the Lord Berkley^ and Sir George 
Carteret, provided nevertheless, no such Warrant be 
granted, nor no Grant for the time to come, shall be 
legally in Force and Effect, but what shall first be con- 
sented unto and approved by five of those Persons, who 
are Sharers in Propriety's and Proxies for Proprietors, and 
are residing upon the Place, and who are named and com- 
missionated in the Instrument aforementioned. Dated the 
first of August last, which was sent by George Keith, upon 
the Blossom, Blchard Martin Master, which Consent and 
Approbation shall be understood, by first entering in a 
Book for that Purpose, the Copy of such Warrant the 
Deputy Governor is about to grant, and then the Subscrip- 
tion of five at least of the said commissionated Persons, 
shall be made in such Book, after which the Deputy Gov- 
ernor may give out his Warrant, and he and the other 
Officers proceed with the Council as formerly hath been 
used according to Concessions, it not being intended that 
any but the Governor, and three or more of the Council 
shall be obliged to sign the Grant or J*atent as formerly ; 
this Method to continue about setting out of Lauds, until 
the passing the Fundaniental Constitutions, and no. longer. 

VI. 

We hereby declaj-e that in Case there prove a vacancy 
by Death, Removal or any other Accidents, in the Offices 
of Secretary, chief Register, Surveyor General, or Receiver 
General, or any other such Place, our Deputy Governor 
shall grant his Commission to such Person as he shall see 
fittest to fill such Vacancy, to continue only for the pres- 
«:!nt Time; until it ])e known whether the Goverhoi- and 



1684] INSTRUCTIONS AS TO TAKING LI' LAND. 481 

tlic Major Part of the Propricfoi'S tliorc do confirm him or 
have granted already, but if they not aj^provc of the said 
Person, tlien those that our Deputy Governor for the 
Time Leing, have placed, are to give way to such, as at 
any time have had, or shall receive our Commission for 
any sucli Place. 

VII. 

That the Rate oi Five Pounds laid as a Tax to Publick 
Stock upon each Propriety, by an Order of the Proprie- 
tors entered Twenty ninth of Jaly last, and of Ten 
Pounds more, laid on each Propriety by an Order of 
the Twentij first of Oatoher last, towards payment of Debts, 
and answering publick Incident Charges, be jjaid hy nYery 
Proprietor or Sharer in a Pro])riety lately gone over, and 
now residing in Fast-Jersey, or the Neighbourhood thereof, 
to our Deputy Governor for the time being, upon the 
Demand of him or his Order proportionable to their 
respective Shares and Interest 'in the Province, to be 
answered by all Persons in the full Value of Money Ster- 
ling, according to what we pay this side, and not in the 
Country Pay, and that Thomas Pudyard, and Thomas 
Warne, do pay or give Satisfaction to our said Deputy 
Gawn Tawrie, or the Dejjuty Governor for the Time 
being, over and above the said two Pates before men- 
tioned, two former Rates, the one of Ten Pounds laid on 
each ProjM-iety, by an Order of the Twenty ninth of June, 
1<)83, and the other of five Pounds by an Order of the 
Fourteenth of Pecemher, 1683. Also we do hereby, as far 
as in us lies, give our full Power and Authority to our 
Deputy Governor for the Time being, to recover and 
receive, not only theforementioned Rates, but also all such 
further Proportions of any Tax or Rate as may be laid 
here on each Propriety, according to the respective Shares 
and Interest of those residing in Fast Jersey, or the Neigh- 
bourhood thereof, and what he shall so receive from Time 
to Time, to give Credit for the same to the Publick 
Account of the Proprietors Stock. 



-j-82 NEW JERSEY COLONIAL DOCUMENTS. [1684 

Given under our Hands and Seal of the Province, this 
Thirteenth Day of JVovemher, 168-i, and in the Sif and 
Thirtieth Year of Khuj Charles the Second, over Eng- 
land, ifee. 

William Doelirra, for himself, and Proxy for the Earl 
of Perth, and by Order of lloJx-rt Barclay, Bohert Gordon, 
Robert Buriwtt, Thv. ( 'o,r, Ja/nes Braine, Thomas Bar- 
ker, TJtom.as Cooper, Ch-inerd Phi i,i>^t<'(nl, IiicJuird Mii.r, 
Tho. Hart, AVamr BmthaU. 



The foUoiniiiij Mriaoroialuin is xaid m the lieeord to 
hticeJ>een iadorsd on the foregniiaj In><trirmi^nt. 

Memorandum, whereas tliere is yet no Provision made 
for the Succession of a Deputy (xovernor in Past Jersey 
(Mortality being the Portion of him, as well as any other 
Person in the Province) 'tis hereby fully agreed, concUided 
and ordered by the Proprietors of the said Province, that 
liohert Bar<iay, the present Governor, may at any Time 
hereafter, conchide of two Persons residing in the Province 
aforesaid, sncli as he shall think most tit and qualiHed for 
the Government, Provided they be Sharers in Proprieties, 
and write tlieir ISTames in two several Papers, Numbering 
them (1) (2) and Sealing them witli the Province Seal, or 
his own, or both, and ti'ansmit the said two Papers to the 
Deputy (.Tovernor and Council, at Pertli. there to safe and 
ready lie in case of the decease of Gaa^n Laawie, or any 
other Deputy Governor, whereupon the Conncil shall 
meet, and first open the Paper No. (1) and the Person 
whose Name is written therein shall succeed in the Gov- 
ernment, and immediately have the full Power and 
Authority of a Deputy Governoi', and the Paper No. (2) 
shall not be opened, but remain concealed in the same 
Place as formerly, to lie ready on any further occasion : 
But if the Pei-s(»n Nt>. (1) be deceased, absent or refuse to 
accept of the G(jvernment, then the second PajKM- No. (2) 
shall be opened, and the Person whose Name is thei-ein 



1684] INSTKICTIONS AS TO TAKING IP LAND. 483 

written, sliull then succeed in tlic Governnieut, and he 
shall immediately have the full Power and Authority of a 
Deputy Governor ; and whether one or other Person hap- 
pens to succeed this Endorsement, shall be as effectual in 
every respect to establish such Person in the Office of 
Dei)uty Governor, as if it were included in the Body of 
this Order, and he shall hereby to all Intents, Construc- 
tions and Purposes, be vested with like full Authority, 
Power and Ilii>ht to his Office, as if he had received a 
Commission from the Proprietors under their Hands and 
Seal of the Province, in the most ample form : The said 
Dejiuty Governor to continue in the Execution of his 
Office, so long as the Major Part of the Proprietoj-s do 
approve of him, (or do send over their Commission to some 
other Proprietor residing in the said Province, to be 
Deputy Governor) and no longer. 

Given under our Hands and the Seal of our Province, 
on the other side affixed. 

Barclay^ Ro. Gorden, Burnett. PeHh, Wm. Gibson, 
Walter Benthall, Thomas Hart, Thomas Barker, James 
Brains, Thomas Robinson, Willin. Dochwra, Clement 
Pluinstead, Thomas Cox, Rich. Mew, Thouias Gooper. 



Governor Dongan to the Earl of Perth. 

[From "New York Colonial Docimients,"' Vol. III., p. 353.] 

My Hono^° Lokd 

I had y*^ Hono"" of a letter from you & some other Pro- 
prietors of East Jersey ^ and are mightily surprised to find 
by y* letter y* I am accused to act some things to y*^ Dis- 
advantage of your Colony & Dishonour of my master, 
Did I know my accusers & y'' crime objected I could be 
better able to answ'". 

1 See anlf' pfge 4<i3. 



484: NEW JERSEY COLONIAL DOCUMENTS. [1685 

My Lord, yo"" Lordship may beleiv me I have acted noth- 
ing unjustly to y* prejudice of your agents or people ; It 
is so far from it, y* when I found them take Avrong meas- 
snres I advised them for y** best as I thought both of yo"" 
proprietors and people what complaints they make of me 
I know not, but am sure the people cry out very much 
against them. 

What I wrote to his R" Higli^^ and his Comissioners, as 
liis servant, I was certainly obligded to, and to give my 
opinion what is Convenient for y^ Intrest of this Province, 
and J bcleive had your Lordship bin in my station you 
would haue Rep''sented y® great inconveniencys of haueing 
two distinct Governments, uppon one River, yours haue- 
ing y® advantage of being some Leagues nearer y^sea than 
wee are. 

Your agents have dispersed printed papers to y® disturb- 
ance of y° inhabitants of Staten Island, It hath been in the 
possion of his E," Iligh^^ above twenty years (except y° 
little time y'' Dutch had it) purchased be Governour Love- 
lace from y" Indyans in y® time of S"" George Carteret, 
Avithout any p'tences 'till y'' agents made claime to it, it is 
peopled with above two Hundred flfamilyes. 

My Lord to convince yo'' Lordship y*' I have done noth- 
ing amiss in writing how convenient it would be to regaine 
East Jersey I doe assure you y* some of the Proprietors 
themselves are of y® same oppinion, and have told me so ; 
and to show yo"" Lordshipp how fFavourably I act I am 
informed y' in time of other Govern'"® ships that came to 
Amboy made entry at New York, yet during my time 
several} shipps have gone thither & I have desired no such 
thing, nor will I untill I am assured of his R" Higli^* 
pleasure about it. It shall not be my fault if there be 
not an advantageous Correspondence, who will allways 
endeavour to prove y* I am. My Lord. 

Yo'' Lordships most obedient humble Servant 

Tho: Dongan 
N. York ffebruary y« 13"' 168^ 



1085] GOV. DOaOAii TO sm JOtIN WERDEN. 485 

My Lord 

I had almost foi-o-otten to tell yo'" Lordsliipp y' to the 
end a fair Correspondence may be p''served between tlie 
Governments in an Act lately made by y^ generall Assem- 
bly amongst other things almost equall priviledges were 
allowed to East Jersey with this Province & all y*^ thanks 
I have is to be misrep''seTited ^ 

Eec'^ 1 Aprill. So 



Governor Dongan to Sir John WenJen. 

[From "New York Colonial Documents,'' Vol. III., p. 355.] 

Honored Sir [Motracts.] 

. . . . Billops Plantation is opposite to Amboy and, 
if vessells bee permitted to come there, and not enter at 
New York, it will bee impossible to hinder y'^ putting 
goods ashore on Staten Island. There was a report that 
he intended to sell it to one of East Jersey, I think it 
\vould doe well if you please to look into the last patent 
of East Jersey to see whether shi]3ping bee obliged if they 
come in to Sandy Hook to make entry at New York, the 
Quakers making continual pretences to Staten Island dis- 
turbs the people, more than 200 familyes are setled on it. 
And in case His Royall Highness cannot retreive East 
Jersey, it will doe well to secure Hudsons Iliver and take 
away all claim to Staten Island 

. . . . There is noe way to prevent [y*' trade] 
y*^ Indians had with East Jersey, but by running the line 
from Hudson's River to Delaware and then take some 
course with the Indians not to goe into the bounds of East 



1 This letter is printed in Chalmers' "Political Annals of the United Colonies," as 
Well as the one that prompted it, (pages 627-8,) with the remark : " Colonel Don<;an'a 
spirited answer prol)at)ly contributed to procure his recall, throusih the influence of 
his opponents with James 11." See "East Jersej^ Under the Proprietary Goveru- 
ments," ad Edit., page 143. Ed. 



•4S6 NEW JERSEY COLONIAL BOCUMEVrS. [1685 

Jersey, the bounds being already setled on Hudson's 
River, they pretending all along to the south sea as Coneo- 
ticut did. If any Colony in these Parts will flourish this 
will soe ; and I believe it better to make an end of all 
disputes than to delay them .... with an assur- 
ance of my greatest respect for you I subscribe, Sir, Your 
affectionat obliged Serv^ 

Tno: DoNGAN 

The Lord Perth has writ me a very angry letter : the 
answer to it I desire you to send and convey to him. 



From. W'UUavi Dochivra to Deputy Governor Lawrie anil 
Other Proprietors^ Inf miming Them that the Proprie- 
tors in England had Granted. Him One Thonsand 
Aei'es of Land,, c&e. 

IFioni Original among the Maunscripts of W. A. Wbitehead.] 

Lond'' Aprill 6'^ 1685 @'' 
Geutlemeii 

and 
Fellow Proprietors etc 

after my hearty Salutations wishing you good health 
& prosperitie, theise are to acquaint you that the Proprie- 
tors in England & Scotland haveing considered & been 
fully convinced of the care & pains I have taken in their 
Service for about a twelve montli past, (and iindeing no 
fund of Cash to present me) have been pleased in lieu of 
money to gratifie me with a Thousand Acres of good land 
such as my Overseer or Attorney shall looke out & choose, 
(exclusive of wast lands & highwayes) I have therefore 
directed my Overseer (w'' the advice of a friend or two) 
that he doe accordingly looke out such a quantitie of land. 



168.-)] 



W.M. IHU'KWKA TO J)i:i'. GOV. LAAVKIK. 



48' 



either in one entire Tract, or In two i)laces, w''*' may be 
most convenient for me, not hciii:;' Surveyed to any other. 

When he has done this lie will apply hiniselfe to you 
the Com'issioners (a])i)ointed for the affaii'es of land) l)y 
his petition on my hehalfo, delivering you the .... 
Order (that accompanies this lettei-) for yo'.' granting a 
Warrant for such land, that when it is Surveyed a Patent 
mav be passed to me for it. Gent'.' I cannot doubt yo'.' 
Justice but will hope for the addittion of yo"" fiivour espe- 
cially when those of you to whom I am a stranger shall be 
rio-htlv inforra'd of me, by those among you who know my 
Fidelitie & cost to serve tiie Province, Craveing leave to 
sav this for my selfe that for 2<>()0 Aci-es more I wonld not 
in other matters spend that time I have done this last 
yeare for East-Jersey, but 'tis my Inclynation has prompted 
me to be so very Zealous, And hope by the speedj- passing 
yo'" warH for such land as my Overseer shall looke out tt 
choose (a priviledge w'.'' the Proprietors have most cheare- 
fully allowed me cV: w*''out which I could not valine the 
present) you M'ill convince iSz oblige me that yon doe be- 
lieve my Service has been accejitaljle here & I shall 
endeavonr to render it acceptable to yon there, if Provi- 
dence permitt me (as I intend) to reside among you, 

I shall not say more at p'sent, but referre you to the 
Order it selfe, not doubting yo'" ready com])lyance there- 
with, and in the most advantageous sence it will beare on 
the behalfe of, 

(lentlemen, 

Yol- faithfull frieiul v.V: Serv! 




To M"? Gawkn Lawkie Dep'.-' (lovernour and To the rest 
of the Commissioners For granting Warr'.' to Sett out 
Land ike: In the Province of East-new Jersev Theise 



488 



NEW JERSEY COLONIAL DOCUMENTS. 



[1685 




Confirriiation of Fwmer Orders hy the Proprietor-^ of 
East Jersey. 

fFrom the Original in the Library of the New Jersey nistoiical Society.] 

Egbert Barclay Esq!^ 
Governor and other 
the Proprietors of the 
Province of East-New- 
Jersey 

To all whom this Writing 
does or may Concerned 
Greeting 

Whereas the right directing and ordering of the affaires 
of tlie said Province must needs goe from lience, and does 
oblidge the sending over of severall Commissions, Instru- 
ments, Orders, and Instructions to the Deputy Governor 
and others Commissionated vpon the place, And that it 
often falls out hy reason of the Proprietors being Scatred 
in severall places remote from one another, and other 
exegencies that no Considerable number of hands can be 
gott to Subscribe them vpon the departing of shipps from 
home and that yet delay of such things vpon that acco^ 
might prove of great (and almost irreparable) prejudice to 
the affaires of the Province. The Proprietors therefore 
doe hereby declare For the Just encouragement of those 
M'ho travell dilligently for the good of the Publique, and 
for the fixing of due Authoritie in them. That all commis- 
sions Instruments Orders and Instructions whatsoever, and 
every of them, that shall hereafter have the Scale of the 
Province affixed thereunto and the Hands of five whole 
Proprietors, or as many haveing shares in Proprieties as 
nuihe vp y^ valine whether Signed in England Scotland or 
Else AVhere, shall be esteemed Authentiquc and binding 



1685] CONFIRMATION OF FORMER ORDERS. 489 

to all intents and purposes, Provided alwayes the Gover- 
nor be one that Subscribes and the valine of another Pro- 
prietie in Scotland. And that William Dockwra of Lon- 
don who affixes the Scale of the Province (or who else 
shall hereafter keepe y** said Scale) be another that sub- 
scribes. 

And further y^ Governor and Proprietors doe by these 
presents ratifie and Confirme y*' severall & respective Com- 
missions Instruments, Orders and Instructions which are 
allreadysent and are hereafter mentioned, To be as Legally 
binding and effectuall according to the purport and true 
meaneing of each of them, as if all the Proprietors hands 
were subscribed to the same, except where any Clause or 
part of any Commission lustrum*. Order or Instruction 
have been countermanded or altred by any succeeding 
Commission Instrument Order or Instruction 

The Accof of such Commissions Instruments Orders and 
Instructions followes Viz!^ 

A Commission to Robert Barclay Esq^ to be Governor 
17° July 1683. 

A. [Commission to Gawen] Lawrie to be Dep^ Gov [ernor 
dated] 27° July 16 [83]. 

Letter or Instructions To Gawen Lawrie and Sam'! Groomc 
&c^ dat in London [21^* of] September 1683 

Instrument about the Planters and others dat 21° Decem- 
ber 1683. 

A Letter of sundry Orders To Gawen Lawrie and fellow 
Proprietors dat: 21° X'^'' 1683. 

The twenty four Fundamental Constitutions, and an In- 
strument concerning the power of Proxies dat 5° S^ 
1683, And An Instrument conteyning y" Conclusion 
of the Additions and alterations of y^ said ffunda- 
mental Constitutions Perfected to y*' 4*** of March 
168f, and repeated 17° June 1684. 

An Instrument of sundry Orders dat. 2'^ January 168f 



490 JnTEW JEEStlY COLONIAL DOCUMENTS. [1685 

An Instruiiiciit of Deelaratioii to the Planters &e dat . . 

ffel)rnary 168f 
An Order about y^ Setting out Land to small Purchasers 

y' come to Settle &c dat 3. May 1684. 
An Order about building the Governors House before y*' 

twenty four houses dat 17° June 1684. 
An Order for alteration of y"^ thirteenth Article of tlie 

Constitutions dat. 22'} July 1684. 
An Order to y^ Deputy Governor & Commissioners to 

have power in Sundry matters, dat. 1: August 1684. 
An Order for alteration of y" third Article of the Consti- 
tutions dat. p™" August 1684. 
A Commission to George Keith for Surveyor Generall 

Signed in London 8"' August 1684. 
An Instrument to y'^ Deputy ^Governor *Sc Commissioners 

for power to Confirme Lawes, set out Lands, and 

doeing other matters dat. the 13" November 1684. 
An Order about Gibbon and Jone's Lotts dat. 26° March 

1685. 
An Order about a Thousand Acres Land to William Dock- 

wra dat. 27° March 16S5. 

Lastly the Proprietors doe hereby ratitie and Coniirme 
y^ Severall and respective Commissions Instrumt* Orders 
and Instructions herein mentioned, to be as Legall and 
Authentick by referring to them by y*^ respective Tytles 
or Abstracts above written, as if they were verbatim 
expressed in the body of this Order. In WrrrNESs whei-e- 
of the Proprietors have set their hands, and Affixed the 
Seale of the Province of East Jersey this Eleaventh day 
of Ma}' In the first year of King James the Second ovei- 
England tfec" Annoq: Dom. 1685 

Will: Dockwra Clem' Pli-msted K. Barclay 

Tiio: PoBiNsoN Walter Bentiiall Perth 

Tho: Cooper James Brayn Tho: Hart 

Eliz. Gibson Melfort Tho: Cox 
Tho* Barker 



!<i85| :\rAY()R of nkw xork to str joiin wkrdkx. 491 



T/)e Mai/or of Xnr York to Sir John Warden. 

[From London Public Record Office, ■ New York," B, p. 57 ; " Maryland," B, p. 101.) 

Lett'- from y" May'.' of N: York to S^ Jo" Werdeii 
HoNo'*'.'^ S'.' 

By the Direcc'ons and Commands of our llono''!'^ Gov- 
erno we presume to give yo" tlie trouble of the Enclosed 
And desire it may by yo'" hand be presented to liis Most 
Sacred Majesty Being our humble and Submissive Ad- 
<lressefrom this his Ma"?^ Citty of New yorke to Condole 
the Losse of our late most Dread and Gratious Sovereigne 
and Congi-atulate his Ma^''5^ Peaceable accession to the 
Crowne, which wee heartyly rejoyce att, And wish his 
Majestic A Long peaceable and jjrosperous Reign over us. 
Wee begg your Pardon to Offer one thing further and that 
yo" will please to make' his most Sacred Ma^ff acquainted 
therewith That Since his Ma'^f hath been pleased to Sepe- 
rate Delaware and the two Jersyes from this his Govern- 
ment of Newyorke this Citty has Apparently and Extreamly 
Suifered in the Diminution & Losse of its trade being 
thereby Deprived of att Least one third parte thereof : 
And hath ever since much Lessened & Decayed both in 
number of Inhabitants Rents and Buildings and his Ma*'.'' 
in his Revenue likewise Suffers thereby. And the remaine- 
ing parte of this Province when Lesse able the more 
Burthened which with 2Teate Willingnesse and Submission 
they beare. But Now hope that this appeareing to his 
MaV? He will find it Consistant with the Ease and Safety 
of his Subjects and his Ma"P Interest and Service to 
reunite those parts and Enlarge this Governm* Eastward. 
And Confirme and Grant to this his Citty Sucli Previledges 



49^ NEW JER8Ef COLONIAL DOCtJMENfS. [1685 

and Im'nnityes as may againe make it ffloiirish, and Encrease 
his Ma"?^ Eevenue. Wee Remain. 
Ilono^'l^ S^ 

Your most humble Servants 
the Mayor Aldermen & principail officers of 
the Citty of New yorke, in whose be- 
halfe I subscribe. 

[G. MiNUiELL^] Mayor 
New yorke May 13^!^ 85. 

To The Ilono^."' S^ John Werden Kn^ Att Whithall P''sent 

[Endorml :'] Received 12*'^ July 1C85. Read July 
15t?> 1685. 



Order of Proprietors of East Jerseij for Laying Out 
Lands, and Cejisuring Dejyxdij Governor Lawrie and 
Thomas Liudyard. 

[From the Original in the Library of the Now Jersey Historical Society.] 

The Governor and Proprietors of East Jersey 

to the Deputy Governor and Commis- 

[l. s.] sioners appointed or to be appointed for 

the setting out of Lands, and other affares 

relateing thereto in the said Province. 

Greeting 

Whereas the Prosperitie and advance of the said prov- 
ince doth in a great measure depend vpon the Speedy and 
easey Planting of the same and vpon the due and equall 
Setteing forth of Lands that both the Proprietors them- 
selves and those concerned vnder them may have a ready 
accesse thereto, and all others disposed to Settle in the said 
Province, either by Purchase of Lands or taking them vpp 
vpon Rents may be answered without delay and all things 

1 As printed in " New Torlc Colonial Documents/ Vol. III., p. 3C1 : the copy from 
England being without any signature. Eu. 



1685] OKDER FOR LAYIXO OUT OF LA>'DS. 403 

relateing both to the one and other may be done Justly & 
equally that whosoever comes to possess Land in the said 
Province may assuredly rest in the Security of their Tytle, 
the Proprietors after mature deliberation haveing fully 
Considered the methods vsed in their Neighbouring Prov- 
inces and the Instructions from time to time granted here- 
tofore have now fully determined that the rules after 
following shall for the Space of three years next ensueing 
the twentie [ninth *] of September next followeing the 
date hereof, and for so long after vntill it shall be other- 
waies appointed and published, be followed maintained 
and pursued in the disposall and setteing out of all Lands 
in the said Province without any Alteration whatsoever. 

1 . . . . That no Land be treated for or disposed of vpon the 
Proprietors Account by Sale or Rent but in open Office, 
The Deputy Governor and Surveyor Generall for the 
time being and a Quorum of the Commissioners ap- 
pointed for that end being present. 

2 . . . . That all money and other valine received for Land 
sold and all Rent whatsoever be paid to the General 
Receiver for the Proprietors vse and to another person. 

3 That no Land be sold or sett to Rent below the 

price fixt in the first Printed Proposalls Yiz^. Two pence 
p. Acre p. Ann. for Rent or ten pounds Sterling for 
each hundred Acres purchas'r payeing Six pence Eng- 
lish for every hundred Acres [yearlye] Quitt Rent the 
purchas money to be paid at the receipt of the Patent 
vnder the Scale of the Province and the rent to Com- 
mence from the next Twentie fifth [day of] March after 
the Sealeing the Lease PRovroED that there be a Family 
consisting of at Least, three psons where of two to be 
able workeing hands vpon every five hundred Acres of 
Land within one year after the Pattent or Lease Sealed 
And that no one purchaser be allowed to buy or take 



1 Words or letters within brackets defaced in the original, and supplied from the 
prifited copy in '• Grants and Concessions," p. 207. Ed, 



494 NEW JERSEY COLONIAL DOCUMENTS. [1685 

vpp vpon Rent above one Tlioiisancl Acres in one place. 
Bat where there is any parcell of choice Land that may 
deserve more money or Rent, it is left to the aforesaid 
Commission [e]rs and they Viz* The Dep*X Governor and 
Comniissionrs above mentioned are hereby Authorized 
to sett the valine Provided the Sale of snch be not a 
prejudice to the Sale of Adjacent Lands. 
4. . . .That each whole Proprietor, or one haveing a halfe 
Proprietie, that is one Forty eighth part of the Province 
shall vpon [his address (or his] Agent or [proxie] for 
him) [to the] Dep*^ Governor and Commissioners afore- 
said have a Thousand [Acres of] Land set out to him he 
being ready to settle there vpon a ftamily with three able 
workeing hands at least, and every [one] haveing a 
Lesse Share in a Proprietie shall have Five hundred 
Acres set out upon the Termes aforesaid and so be 
admitted to the possession of a Tousand Acres, or five 
hundred Acres respectively untill the said Proprietie 
have Arrived to the Number of Ten Thousand Acres 
at which time they Shall Stopp for three years vntill 
other Proprietors have time to come vpp to the like 
quantitie with them but after the three years is expired 
from the time of Settlement vpon the last portion of the 
iirst Ten Thousand Acres, such as will shall be admitted 
to the possession of other ten Thousand Acres Notwith- 
standing [of] any not haveing taken vpp their first Ten 
Thousand Provided they settle y^ double number of 
Family es, Pro rato that they did in y^ first settlement 
Viz* every whole or halfe Proprietie a ffamily with three 
working liands vpon each five hundred Acres and every 
small Purchaser a family with two workeing hands vpon 
two hundred and fifty Acres, or two such familyes vpon 
five hundred Acres. And that this method may be 
strictly observed it is ordered there be an exact account 
kept by y*" Cheife Register of all Acres of lands sett olf 
to each Proprietie by vertue of this Order, or those Con- 
cerned in it that there may be a stopp made when y 



1685] ORDER FOR LAYINU OUT OF LANDS. 495 

miinber of Ten thousand Acres is fultillcd. Provided 
all waves that whatever miiiiber of Acres is or shall be 
taken vpp by an Froprietie or those concerned vnder 
them, or laid ont for them by y'' Surveyor or entred in 
y'' Secretary's Office before y*^ publishing of this Order 
shall be reckoned & Applyed to y*^ person concerned 
towards y'' makeing vpp of j'' lirst Division of Ten 
Thonsand Acres to a Proprietie, Also hereby the Orders 
for Land to W" Dockwra dated 27° March and l-t" May 
last and y*: Order to David Barclay of the same date, as 
also y'' Instrument dated February 168f and third of 
May One Thousand Six hnndred Eighty four in favour 
of small Purchasers is ratified & the Land which is 
appointed y"' by vertue of those Orders is hereby Con- 
iirmed to them over and above such other Land as shall 
be sett out to y*' said William Dockwra before y'' Arrivall 
of this Order, and wee fnrther appoint that where any 
of y'' said Proprietoi's shall offer to Settle a Family 
qnallified as above in the Second Division, that is tAvo 
familyes with tliree workeing hands to each they shall 
have five hundred Acres more yeilded to them so long 
as the ten Thonsand Acres of that Proprietie (they are 
concerned in) wants to be made vpp and in respect that 
Such Proprietors as take vpp their Ten Thousand Acres 
may sell them off intirely and so destroy y^ nature of 
the Proprietie they shall be oblidged to retaine to them 
their Heires and Assignes as Proprietors snch a Share 
thereof as by y*: thirteenth Article of the ffour and 
Twenty ffundamentall Constitutions is thereby intended 
to be held as indispensibly annexed to y" Proprietor- 
shipp. 
5 . . . .That in order to y*: Regular planting of the Country 
the land be set out as often as it can be in Plotts or 
Towne Shipps according to the best methods of our 
Neighbouring Collonyes whereof wee are assured there 
are good examples in Peiisllvanki and Long Island, as 
for Instance five or Ten Thousand Acres in a Towne 



496 NEW JERSEY COLONIAL DOCUMENTS. [1685 

shipp to be taken vpp by ten or Twenty ffamilyes, tliat 
is ffive hundred Acres to a ffainily, the priviledge of the 
great and halfe Proprietors excepted of haveing a Thou- 
sand Acres allowed to one family, And wee do Seriously 
recommend it to the Deputy Governor and Commis- 
sion'"." and in a Speciall manner to the General! Surveyor 
that such plotts may be run out and the divisions marked 
before hand so as to be in readynes when either the 
Proprietors or other people may demand Land, as we 
are certainly informed is done in some of our Neighbour- 
ing Provinces by number, as, one, two, three, four, &c. 
That such as comes to view the place may Choose the 
number and pay the Surveyor his ffees and have Access 
to Settlement without delay. 

6 That wherever there is a convenient Plott of Land 

lying together contayning Twenty four Thousand Acres 
as we are informed will more especially be at Barnegate, 
it be devided and marked in Twenty four parts a Thou- 
sand Acres to each Proprietie and the parts being made 
as e[qn]ally as can be for quallitie and Scituation. The 
first commers presently settleing is to have the choice 
of the Divisions, and where s[eve]rall Stand in that 
respect vpon equall termes and time of Settleing it be 
determined by Lott allwayes Provided the Age[nts a]nd 
Proxies of y** Absent Proprietors who offer to Settle, be 
called and admitted to act for their Principals equally 
with those [present] and that such Proprieties as are in 
the right of Miners or Widowes which as by accident 
may want Proxies or be Ign[orant of things] there may 
not be prejudi[ced, an]d yet such plott may not remainc 
vnsettled the Dep'^ Governor and Commissioners [are 
allowed to let small Parts in the chief Places of Settle- 
ment] upon the Shares of Such Proprietors at [some 
small Fee Farm ^_>(er Annum to poor Families] (not 
exceeding Sixty ^ Acres to a family) to Secure the 

1 Fifty, as printed in Learning & Spicer's " Grants and Concessious," p. 210. 



1685] ORDER FOR LAYI^'(^ OUT OF LANDS. 497 

Quantitie. And if in seven years no care be taken 
[by the Par]ties concerned in that Division or Share to 
Settle. That then any other Proprietor offering to Set- 
tle vpon the Couditions a[bovemen]tioned may have 
accesse to possess the Share (or part thereof) in such 
places as a part of the first or second Ten thousand 
Acres to a whole Proprietie. And it is here to be 
minded that in any Such Settlement of Twenty four 
Thousand Acres such small Purchasers as have allready 
Received their full proportion of Ten Thousand Acres 
shall not pretend Access thereto but it shall be reserved 
for two years ('after Surveying ready for such Concerned 
in that Proprietie, who have not yet received a Share of 
the Ten Thousand Acres) which time being expired, 
those who have their full first Proportion shall have 
Accesse thereto as part of the said Ten thousand Acres 
vpon the Termes of Settleing more as above. 

And whereas for defrayeing of necessary Publicke 
Charges there has been Severall Rates laid as a Tax 
vpon each Proprietie at Sundry times viz? Ten pounds 
on each Proprietie (and so pro rato) vpon the 29"^^ of 
June One Thousand Six hundred Eightv Three. Five 
pounds on y*" 29° January One Thousand Six hundred 
Eighty three. Five pounds on the 29-2 July One Thou- 
sand Six hundred eighty four. Ten pounds on the 24" 
of October One Thousand Six hundred Eighty four, and 
Ten pounds on the 12 of June One Thousand Six hun- 
dred Eighty fiue. It is hereby declared to be the true 
intent and meaueing of this Order that no Land vpon 
the first and Second Division shall be laid out to. or 
possest by any Proprietor, or Shares in a Proprietie 
vntill he hath first paid such full Arrear of Tax as hath 
been or shall be from time to time laid vpon his Pro- 
prietie or share for necessary publick Charges, but such 
non payment of Arrears shall be a Sufficient Barr and 
Exclusion to such person or persons from haveing any 
Land sett out to hitn or them vntill he or they have fully 



498 NEW JERSEY COLONIAL DOCUMENTS. [1685 

paid, and Satisfied what he or they owe to the publicke 
Stock as aforesaid. — 

7 Wherever' there is ati Etrordinary choice spott of 

Land so esteemed by the Surveyor Generall or any two 
of the Commission? either for tlie excellencie of Soyle 
or advantage of Scituation it shall be reserved for the 
Joynt Interest of all the Proprietors, and cast in an 
erpiall Division, or if it be snch as for the smallnesse of 
it (or any other reason) cannot be so ordered, it shall not 
be medled with vntill the plurality of the Proprietoi-s 
are advised thereof, that by them it may be determined 
whether after a valine be put vpon it, as one Acre 
esteemed worth four or more ; it shall goe to such as 
will allow most to the rest for it, or where they will not 
do so, after the valine sett, it shall be determined by 
Lott, and as this should have been done in the notable 
Case of Cangoraza by Gawen Lawrie and Thomas Kud- 
iard, so it is hereby declared by the Governor and Pro- 
prietors, That they will not Lett that Land there which 
they have taken to themselves and caused to be sett out 
to them, go otherwise. Therefore for that Thousand 
Acres taken vpp so much vpon the water side, by Gawen 
Lawrie for himselfe and sold to Cap' Palmer, Theare 
- shall be Three Thousand Acres discounted to him of the 
hve Thousand to be allowed him in the lirst Division 
for his lialfe Proprietie, And for the Thousand Acres 
which Thomas Euddiard has gotten at Changoraza be- 
cause his part is better, there shall be discounted to him 
four Thousand of the ten Thousand Acres to be allowed 
him for Proprietie in the first Division, and to evidence 
that wee do in this as wee would be done by wee are 
content to accept of it Severall of us Joyntly or some 
of us apart vpon the same termes. And it is hereby 
declared that if theise termes are not presently accepted, 
that wee will as hereby we do Keclaim all the said Land 
vpon Changaroza, or such Thousand Acres of him that 
does not comply as being vnjustly obtained and passed 



lf>85] OKHKIi FOR LAYFNG OUT OF LANDS. 409 

against our positive Orders to the Contrary ; And do 
hereby dischargee all persons from medleing therewith 
or settleing therevpon as they will be answerable at their 
perill. And that there may he[re]at't[er be no] mistake, 
of this kinde, neither with respect to tliis nor any thing 
of the like natnre in y^ setteing out of I.ands to y° Pro- 
})rietors and others. And that all persons may proceed 
vpon tirni and good grounds and every person that pur- 
cliases or rents Lands may be full}^ informed Wee here- 
by appoint this Order to be tirst read in Councill and 
then published tlirough the Province, and that a true 
Coppie be set vpp at the Towne House in Perth and 
one Coppie sent to each County Court next sitting (after 
arrivall hereof) to be first read there in open Court and 
afterwards set vpp in each Court House or such con- 
venient place where it may be read so as to render it 
most publick to informe all persons whatsoever that are 
or may be concerned in the same. 

Lastly that every one may know the names of the 
Commissioners concerned in the business of Lands we do 
hereby I^ominate Authorize and ajDpoint the Deputy Gov- 
ernor for the time being, David Barclay as Proxie for 
Robert Barclay Governor, Cap^. John Berry as Proxie for 
William Penn, Gawen Lawrie as Proxie for William Dock- 
wra, John Campbell [Proxie for] Lord Viscount Melford, 
Itobert ifulerton and Thomas Ifulerton, David Mudye and 
James Johnson Proxies for Thomas Hart Thomas Barker, 
Clement Plumsted and. Thomas Cox, And George Wil- 
cocks Proxie for Ilobert Gordon also Thomas Warne David 
Barclay and Thomas Gordon all Sharers in Proprieties to 
be our aforementioned Commissionrs together with all 
other Proprietors as shall hereafter come and live vpon the 
place and such other Proxies as wee and any Proprietors 
shall make hereafter, to whom wee grant our full power 
and Authoritie to act according to y^ Tennor of the Prem- 
ises agreeing and ordering that any Five of them shall be 
a Quorum, and the major part present to determine. 



500 



NEW JERSEY COLONIAL DOCUMENTS. 



[1685 



Given in London vnder onr hands and Seale of the Prov- 
ince of East New Jeksey this third day of July in the 
first year of the Eeigne of King James the Second over 
England &c Anno Doni: 1685 








^::^^^^ 




&^- 










Tarbat. R Blackford. Tiio* Cox. 

Elisabeth Gibson "Walter Benthal. 



1 One signature to the orij^inal cannot be deciphered. The same difficulty, proba- 
bly, led to the omission of the name when the document was printed in " Grants and 
Conces-sions," p 213. Ed. 



1685] PROCEEDINGS OF NEW VORK COlTNCIL. 501 



Order in Council Respecting New Jersey. 

(From -'New York Colonial Donuraents," Vol. III., p. 300.1 

At the Court at Whitehall y« 17 of July 1085. 

By y^ Kings Most E.vcellent Majesty and y^ Lords of 
his Ma'^ most lion''''' Privy Councill 

A Report from y'^ Rio-ht Hon""' y'' L* of y'' Com'''* for 
Trade & Foreign Plantations being this day read at the 
Board in y" Words following 

May It please yo''' Majesty 

[Extract.] 

Wee have also received a Lr* from y*" Mayor Aldermen 
& principal Officers of y" Citty of ]N"ew York dated y" 
13*'' of May last setting forth that since yo"" Ma*y hath been 
pleased to p''mit Delaware & y" two Jerseys to be separated 
from y" Gov™' of New York that City hath extreamly 
suffered by the Loss of at least one third p' of its Trade A: 
hath ever since much decayed in the number of Inhabitants 
Rents & Buildings. And that yo'' Ma'^'* Revenue doth 
likewise suffer thereby whereupon wee likewise otter o'' 
opinions that yo'" Ma'^'^ Attorney Gena" may have direc- 
tions to consider the several Grants & Proprietyes of East 
&c West New Jersey & of Delaware aforemenconed ife to 
enter y^ like writs of Quo Warranto against y® respective 
Proprietors if he shall find cause it being of very great h 
growing prejudice to yo'' Ma'^" att'aires in y* Plautacon & 
to yo"" Customs here that such independent Governments 
be kept up & maintained w'"out a nearer & more Imediate 
Dependance on yo'' Ma'^ All which is most humbly sub- 
mitted 

Rochester H.\li.ifa\ P. Clarendon C. P. S 

Ormond Beaufort 

Council Chamber 15. July 1085. 

His Ma'*" being graciously pleased to approve of the 



^02 iSTEW JEkSEY COLONIAL DOCUMENTS. £1685 

same is pleased to oi-der and direct that y^ said Articles be 
& they are hereby referred to SV R' Sawyer Kn^ his Ma'I^ 

Attor^ Generall 

. . . . And it is fiirtlier ordered that M'" Attorney 
Q.raii (Jq forthwith consider of y*" severall Grants & Pro- 
prietors of East & West N^ew Jersey & of Delaware & 
enter y^ like writts of Quo Warranto against y*^ I'esj^ective 
Proprietoi's thereof if he shall find cause 

William Bridgkman 

Mem: [Mdrad.] My Lord President is desired by the 
Right Hon'^'" y^ Lords of y« Com*^« for Trade and Planta- 
cons to move his Ma*^ that the directions to M'' Attorney 
iV^^ that y" prosecution of several writts of Quo Warranto 

against y" Proprieties of East & 

West New Jersey & of Delaware in America be renewed 
& that y'^ Same may be prosecuted to eifect 

Councill Chamber 21 April 1686. 



Order to Examine Into the Ajfairs of East Jersey. 

[From the Oiigiual in tlie Library of the New Jersey Historical Society.] 

Robert Barclay Esq? Governour and one of the 
^ -, Proprietors of the Province of East new 
Jersey^ and other the Ppoprietors of the 
SAID Proa'ince. 
To the Proj^rietors and other our Com''issioners for 
the time being for setting out and disposall of 
land and setling other affairs There : 
Greeting 

Whereas the Proj^rietors on this side having long tyme 

1 RonERT Bauci.ay— the author of the celebrated work in Latin, entitled "An 
Apology for the true Christian Diviuitj', as the same is Preached and held Forth by 
the People, in scorn, called Quakers;" from whicli he acquired the appellation of 
" the Apologist " — was one of the original twelve Proprietors; and it was doubtless 
due to his prominence among the Quakers, that he was selected as the first Governor 
of East Jersey— combining, as he did, many qualifications for the ofhce, along with 
intimate relations with the King and the Duke of A'ork. See " East Jersey Under 
the Proprietary Governments j " Alibone's "Dictionary of Authors.'' Eu. 



I(i85] OROER TO EXAMINl': KASt JERSEY AFFAIRS. 503 

expected partienhir aceo'f of variety of tlieir concerns in 
their said Province, and liavi' liitlierto liad only sncli gen- 
erall & sliort intyniations of tilings as have rendred them 
nneapable to nnderstand the state of their affairs there, 
Wkk do hereby [with our full power ^J authorize and ap- 
point you our fellew Proprietors and Commissioners (and 
any five of you to be a Quorum & the Major part to 
determine) vpon the severall heads hereafter following 

1. . . .To inspect and audit the acco^f and receipts in par- 
ticular of Gawen Lawrie, of all quit rents sale of Lots 
or lands, or any other mony or valine whatsoever rec*! by 
him on the acco* of the Projirietors of or from any per- . 
son or persons whatsoever as also to audit the acco*f of 
all other officers in y® Province y? receive any of tlie 
publique mony or goods belonging to y^ Proprie*'.'* 

2.... To inspect and audit the paym'f and disbursem'f of 
the said Gawen Lawrie on the acco* of the said Proprie- 
tors of what nature soever they are, & the acco^f of all 
other officers that pay any mony or goods belonging to 
the Proprietors. 

3.... To examine all patents or grants whatsoever since 
the purchase of the s'' Province by y*; Proprietors & all 
sales of Towne plots or other lands, and to send the Pro- 
prietors in a paper book true copies verbatim of the 
severall and respective patents & grants of all lands that 
are or shall be past from y" beginning of the Proprie- 
tors concern until the twenty fifth [of] March next, by 
the next ship that comes away for London after the said 
twenty fifth March next, and that afterward a true & 
perfect coppy verbatim of every other patent & grant 
that is past from one twenty fifth March to another be 
annually sent to y'' Proprietors in London as aforesaid 

4, . . .That a cop])y of the ground plot of Perth Amboy & 
the severall lotts thereof be numbred & sent hither as 

1 Words within brackets interlined. Ed. 



504 



NEW JERSEY COLOKIAL DOCtMENTS. 



[1685 



also the names to whom tliey are granted and a report of 
the number & description of every house built, or to be 
built in the said towne, to the twenty fifth March next, 
and who are the owners thereof and so annually from 
year to year what additions are built to be sent next 
Ship after every twenty fifth of March — As also a par- 
ticular of what houses, buildings, orchards or lands with 
the description of the quantity scituation and valine of 
each, that are in other parts of the Province belonging 
to y*^ Proprietors publique Stock — As also an Inventory 
of the Particulars and valine of all moveables & other 
chattels they have in the Province to be sent as aforesaid 
to the Proprietoi's. 

Given under the scale of the Province the one and 
twentieth day of October in the first year of the reign of 
James the Second King of England itc*^ Annoq: Dom: one 
tlionsand six hundred eiglitv and five. 

W. D. 
Clem!" Plumsted Thomas Hart Pi-oxie for James 

Tho* : Barker James Brain Earl of Pertli 

Will: Dockwra E: Byllynge Lord Chancellor 

Walter Bentiiall Tiio. Cox of Scotland. 



Tefitiiiioiiy of T'liiioihii llalstead and JoftidJi Lentrn, 
Relating to Their Intered in the Jili.^nhethtovm 
PureJtase. 

[From N. Y. Col. MSS., in Secretary of State's office, Albany. Vol. XXXIL. p. 183.1 

The testimony off Timothy ITolstead of Hemstead in 
Queens County Who declareth y' y'' purchasesers off Affter 
Kull (Viz) Daniel Denton John Baylies & Luke Watson 
did admit oft" my selft" ife my Brother alsoe upon ye dis- 
Itursement oft" four pounds a peice in bever 2)ay to bee 
Associates . . . y'' purchase in Case we liked Which 
mony wee disbursed ft"()r iiidean trade which sayd indean 



1685] Ei.IZABETllToWN PUECHASE. 505 

goods went to the piircliase oif y* • • • land at Affter 
Kiill at y'^ Request of v*^ afi'orsay'' purchasers We disliking 
v'' place upon a view oflf it And they ingaging wee should 
hee pay*^ ft'or our goods and we acknowledge y' wee have 
Receeved satislfation of Dan' Denton affors*^ one off y^ 
])urchasers the whole sum payd by Selff and brother was 
four pounds a peece and two & six pence : 

Samuel Denton oft" Hemstead doth alsoe testiify y* y* 
above written purchasers did agree alsoe w* him upon y" 
disbursment off four pounds to bee an equal Associate w*^ 
them in Case hee liked which four pounds hee pay'd in 
bever for goods y* went to the purchase off y*^ s'^ land at 
Aft"terkull at y^ desire off y" purchasers they promising to 
Repay Mee. And I acknowledge y* I have Received 
Satisffaction off Daniell Denton one of y*^ s*^ purchasers 
ft'or y® s*^ ffour pounds : ffor y^ ffour pounds above men- 
tioned Sam" doth testiffy y*^ Exactly to ye sum hee cannot 
so well Remember But is positive in tliis that hee pay*^ 
Equall w' the purchasers. 

Sworn l)efore us y^ 17° November 1685 

Elias Doughty 
Richard Coknwell 

Justices in Quorum 

Timothy Ilolstead & Sam'.' Denton on the other side 
mentioned doe ft'urther testift'y that y*^ mony on y^ other 
side mentioned was payd to y'' indeans ffor all such lands 
Containd in y® purchase made by y*' purchasers on the otiier 
side Mentiond As well ffor Elizabethtowne as y*" Rest it 
ft'urther wee layd downe our Money ffor y*^ purchas at 
Daniell Dentons Commending off y*' place to us as severall 
others did upon incouragement ft'rom y'' other purchasers, 
And never Received a ft'arthin but ft'rom daniel Denton 
And y* Ambrose Sutton also was one oft" . . Com])any. 

December 5^" 1685 

Attested before Mee Richard Cornweli., 

Justice in Quorum. 



506 NEW JERSEY COLONIAL llOCtMENTS. [1686 

Josiah Lettin off oisterbay Queens Countj testiiietli that 
when Daniell Denton, John Baylies & Lnke Watson did 
pnrchase Affter hull so called off y*' indeans that I went 
w*^ Dan" Denton when hee Carried y^- goods to pay ye 
pnrchase oft" y*' land And y* Samuel Denton & timothy 
Ilolstead <k Ambrose Sutten was off" y® Company & payd 
Mony towards ye pnrchase And I payd my Mony Alsoe 
towards y" purchase to" Luke Watson Wee being all off us 
to have land iff" we like ft'or our mony y* wee disbursd But 
I never Received any satisffaction off Lnke Watson nor 
any other off ye pnrchasers ffor my s** Mony that I layd 
out ffor y*" s*^ purchase nor ever had any Consideration in 
land or any other way taken upon . . . y® last day of 
March Annoq: Domini 1686 

Before Mee John Townsend Sen!! 

Justice off ye peace. 



The Proprietors of J^ast Jersey, hi England, to the Dcindy 
Governor and Council of Proj)rietors in East Jersey. 

[From a contemporaneous ceitifled Copy among the Manuscripts of W. A. Whitehead.] 

Robert Barclay Esq^ Governor and 
j I one of the Proprietors of the Prov- 

\ °* *^^ ' ince of East new Jersey and otlier 

( Proprietors, j the Proprietors of the said Province : 

To OTir Deputy Governor for the tyme being and 

tlie Councill of Proprietors there. 
Greeting. 

Whereas the Proprietors residing in Europe have found 
great inconvenience in collecting the hands of the Major 
part of the Proprietors to such Orders as have been neces- 
sary to send from tyme to tyme to the said Province, some 
happening to be absent (at great distance) when oppor- 
tunity of Conveyance to East Jersey offers : by reason 
whereof their names cannot be put (in due tyme) to such 
Orders and instruments as are agreed to and require dis- 



1686] Wir-LIAM UOCiCWKA Al'roiNTEl) agknt. 507 

patch. They therefore considering the fidelity of their 
fellow Proprietor William Dockwra and his constant and 
indefatigable diligence in their affairs do hereby (as the 
best expedient to redress that mischeif,) Order and appoint 
William Dockwra, for tyme to come, to affix the seal of 
the Province to all snch orders or Instrura^'^ whatsoever as 
sliall from tyme to tyme be agreed on here, to be sent over 
to the Deputy Gov!' & Councill of Proprietors in East new 
Jersey and that only the name of the said W'f Dockwra 
subscribed as Agent to Comp'! of Proprietors, together 
with such seal affixed, shall be sufficient to give them as 
ample and lavvfull authority to all intents constructions 
and purposes, in all cases whatsoever, as if they were signed 
by the Major part of the Comp* of Proprietors or otlier- 
wise howsoever. Given under our hands and scale of the 
Province of East new Jersey this twenty ninth day of 
Aprill in the second year of the reeign of King James the 
second in England &c Annoq Dom: one thousand six 
hundred eight}^ six. 

Signed by Order of y'^ Proprietors 

Will: Dockwka Agent. 

being a true coppy of the originall * 



Agreement Beticeen William, Penn and the Executors of 
John Fenioic'ke. 

[From a Copy in tlie labrary of the New Jersey Historical Society.] 

Sp;ver'll Things discoursed of & agreed upon between 
W" Penn proprietor and (xovernor of y'' Provence of 
Pensilvania and Territeres Samuel Hedge Joh.n Smith 
Eichard Tendell Executors of M'" John Fenwicks that y" 
said W" Penn being Properitur by Conveince or Dead 
from y*^ said John Fenwicks May from time to time Take 
up Land Dispos of Land for y*^ Planting and Improueing 

1 The oi-iginal waa signed by Robert Barclay, Thomas Cox, Thomas Barker, 
Thomas Hart, William Dockwra, Perth, Robert Burnet, James Braine, Melfort, 
Robert Gordon, Clement Phimstead, Walter Beuthall, Thomas Cooper, Elizabeth Gib- 
son. Ed 



608 NEW JERSEY COLOJflAL DOCUMENTS. [1686 

y^ Colinne ; Providing all ways y* y*' Ears and asigns of 
y*^ said John Fenwicks have y^ Reserved Niimb'r of one 
hundred and fifty thousand Eacers that y® Same May from 
time to time be Talvcn up planted or Dispossed of for y^ 
yous a^Dointed by his will for that porpns that y® said 
Samuel Iledo-e and Richard Tindell and John Smith do 
Consend to and y*^ said W'" Penn yet y*" Neck betwixt 
Salem Creack and oldmans Creake so fare . . . y'^ 
same is . . . Sold or Dispossed of by John Fenwicks 
shall be and is hearby a Loted to be Disposed of or Seatled 
by W'" Penn from time to time for y*^ Royltes of Snch 
Lands as are Disposed of he Makeing f nil Repris for tlie 
y^ Same that John Smith agreeth to Resine his five hun- 
dred Aeers in y^ Toun for 500 elswhare in y"^ Same Dure- 
dicktion Refareing to him a Dnbell toun Loot Each Loot 
being fifteen Eacers the Remander to be Common till 
taken by warrents as toun Loots Except 60 Eacres for a 
Toun and a Comandachen to the Properitor W"" Penn that 
y'' Loot all Ready Laid out before y'' first day of y^ 8" 
month Insuing the Date hearof Seatled by the Respecktif 
owners els free to be Seatled by Others Paying y*^ Vallew 
of the said Loots as it is Judged in open Court, that there 
May be a General Warrente granted by y^ said W"^ Penn 
to y® Surveying of that tenth Inabeling him to Resurvey 
all Tracts Complated of as More then Mayen to his Egent 
for y^ time being dated Sealed on the 13^^ of y*^ 2^* Month 
1684 

Samuel Hedg W" Penn Arthur Coock 

John Smfph James Neawi:ll. Richard Tindell 



rnf^tmetionnfrom Jmnes, Earl of Perth ^ and Otherfi of the 
Proprietors^ to Captain Andrew Hamilton. 

I From Copy among the Manuscripts of W. A. Whitehead. ] 

AVee James Earle of Perth, John Viscount of Melford, 
Robert Barclay of Urie, Robert Gordon of Clunie, Rob* 
Ihirnet of Lethenty, and David fFalconer Mer'" in the 





16^6] INSTIircTIONS TO ANDKKVV HAMILTON. 500 

Kiiigdoiiic of Scotland, aiul Williuui Dockwra nierch' in 
London liaveing right title and Interest in the stock after- 
mentioned advanced bj us with some others to be settled 
npon a plantation to our behoofes in the province of East 
new: Jersey in America doe fully and Amply impower 
warrand and, and authorize by this our Com'ission under 
our hands and seals, our trusty and wel beloved friend 
Captain Andrew Hamilton * Merchant in the Kingdom of 
Scotland now bound God willing with the first opportuni- 
tie from England to the said Province, That when it t^hall 
please God that he Arive there, he shall nuike Diliigent 

is tiist iiientioneil, in the "East 
Jersey Kecords,' as beiiifi iuterest- 
ed iu ten servants, who arrived iu 
March, 16^3; bnt it was not until 
lie was made the bearer of this 
paper that he embarked himself for the Province, with whose affiiirs he continued 
to take an active interest until his death, on the 26th of April, 1703. He was highly 
esteemed by all the best citizens, and was generally in prominent positions. It is not 
exactly known how long he remained in the Province, as the agent of the Proprie- 
tors ; but he returned to it about the time that Lord Neill Campbell arrived as 
Governor, in the Autumn of 1(586, " transferring his family towards the improvement 
of his plantation." Whether a wife was included, is uncertain: for, after he had 
been in the Province some years, he married Anne, the widow of Kobort Wharton, 
of New York, and daughter of the former Dei)uty Governor Kudyard. He may have 
married again subsequently, for in his will his widow and legatee is called Agues. 
He was made one of Lord Neill Campbell's Council, and succeeded him as Deputy 
Governor. In 1689, he returned to England to consult with the Proprietors there, and 
on his way was taken prisoner by the French, and detained by them for some time. 
Governor Robert Barclay died iu October, 1690 : and, after an intermission of two years, 
during which were made the inoperative oppointments of John Tatham and Joseph 
Dudley, Bamiltou succeeded him, returning to New Jersey in September, 1692. He 
served as Governor until 1698, when he was displaced by the Proprietors, through a 
misapprehension of the operation of an act of Parliament, and returned again to 
England ; Jeremiah Basse succeeding him in office. He was reiustated in ITOO, and 
continued nominally in power during the excitement and confusion which marked the 
close of the Proprietary Governments. He, also, filled the position of Governor of 
AVest Jer.sey part of the time ; and, when he died, was, also. Lieutenant Governor of 
Pennsylvania. The Pi-oprietaries ever evinced their appreciation of his integrity and 
ability; and the character of those men who were generally opposed to him, i.s addi- 
tional evidence that he was deserving of their confidence. He had one son, John, 
who held, in after years, several offices iu New Jersey. When Governor Hamilton 
was in England, iu 1692, Thomas Neale, who had obtained a patent to establish post- 
offices in the Colonies, appointed him his deputy. On his return to America, he 
brought the subject to the notice of Governor Fletcher, of New York ; and subse- 
iiuently the Legislature passed an act to carry out the project in that Pi ovince, and 
for some years before his death Governor Hamilton was Postmaster General for New 
.Jersey and Penns.ylvania, and perhaps other of the colonies.— " East Jersey Under 
the Proprietary Governments," 2d Edit. Eu 



510 NEW JERSEY COLONIAL DOCUMENTS. [1686 

enquerj Lito the particulars aftermentioned, tliat at his 
retnrne he may bring ^\^th him to us a Clear & exact 
account thereof, And of all and every one of them a& is 
underwritten. 

Imprimis we Doe hereby Authorize him to Call before 
him, our friends John Hanton and John Reid ^ j^ersones 
Imployed by us as overseers of the Stock of Nine hundred 



Edin- 
oprietaries 
sent 



1 ^ .^--^ C\ appears to have been a book-seller, in ] 

L/yY—^ /^t ft ' ^r^ burgh, when selected b^- the Propriet 
//^^'^^'^ f^X ^"^-^ to take charge of a party of emigrants 

f J V to East -Jersej' in 1683. A memorandum, 

»w/ written by himself, in the possession of his 

descendants, gives the following information respecting himself and family: His 
father and gi-andfather before him were gardeners, and he was boru at Mildrew 
Castle, in the parish of Kirkliston, on the 13th of February, lC5o : and when twelve 
years old (I66T), was bound apprentice to a wine merchant in Edinburgh. His 
"master" dying, he returned to his family, in ICiS ; but his father being dead, and 
his mother married again, he '" went to learn the art of gardening " the ensuing year, 
seeking improvement in the '' famous Hamilton Gardens.' At this time he became 
a Quaker. After sojourning a while at Drummond. he went, in 16T(i, to Lawres, alias 
Fording: where he wrote a book, entitled "The Scotch Gardener," and. in 1678, mar- 
ried Margaret, daughter of Henry Miller, of Cashon, in the parish of Kirkintiloch. 
She was eleven years his senior. Previous to leaving Scotland for New Jersey, three 
daughters— Anna, Helen and Margaret— were born to them. They embarked at 
Leith on the 10th of August, 1683, and proceeded, the next day, to Aberdeen ; 
whence they sailed on the SSth, and were " landed on Staten Island the 19th Decem- 
ber ; went to Elizabethtown the 23d, and to Woodbridge the 10th January, 1684.' 
His youngest daughter, yet an infant, died on the 15th, and was buried at Perth 
Amboy the next day ; and, on the 18th, they took up their abode there in a house 
"iu the field." His .son, John, was born there in July, 1686. On his arrival, Mr. 
Keid became Deputy Surveyor : and an engraved map, drawn by him. of lands on the 
Raritan, Millstone, Rahway and South Rivers, and other localities, is in the library 
of the New Jersey Historical Society. For this map, he was granted a tract ot land 
in Monmouth, named "Hortensia ; " and the memorandum, referred to above, records 
his removal thither in 1686. Up to this time be had acted as clerk of the Amboy 
Quaker meeting. In 1703, he became connected with the Church of England. In 
that year he was appointed Surveyer General. He died March 16th, 1723, aged sixty- 
seven ; and his head-stone is still standing in Topanemus, near Freehold. Mr. Reid 
was repeatedly elected a member of the General Assembly, and appears to have been 
much respected. His daughter, Anna, married John Anderson, who filled several 
important jrositions, and, at the time of his death, in 1736, was President of the Coun- 
cil and Acting Governor of the Province, in conseciuence of the death of Governor 
Cosby. One of their sons was named Kenneth. His tlaughter, Helen, married the 
Rev. John Bartow, of Westchester, Xew York, and left several children. His only- 
son, John, studied law iu the office of John Chambers, one of the Justices of the 
Supreme Court of the Province of New York, and afterward practiced at West- 
(;hester : was Sunogate of the county from 1760 to 1764, and died at AVestchester, in 
1802, aged eighty-seven, "beloved and respected by all."— " East Jersey Under the 
Proprietary Governments; ' 'Letters from Morey H. Bartow,' a descendant; 
•' Contributions to History of Perth Amboy.' Eu. 



1686] INSTRUCTIONS TO ANDREW HAMILTON. 511 

})oiiik1 Starliiit;', value in Kiiglatul Committed iu the year 
16S;5 by us to our friends David Barclay Merchant now 
Deseassed and l»y him put Into their liands in money 
goods, Corne, Cattle, and servants for settleing a plantation 
to our use, there to be Informed by them in the several 1 
[)articulars aftermentioned & every one of them, tiiat ho 
may bring unto us an exa(;t and true Account of them. 

First we doe Impower and authorize the said Capt 
Hamilton to Call for a sight of our Instructions — given by 
us 1688 to our said overseers, John Hanton and Jolm 
Ueid, and to take notice particularly wherein our said over- 
seers have observed them and wherein they have neglected 
them And to returue to us a particular Account thereof. 
We have here beside our selfs Coppies of our said Instruc- 
tions too Long here to be re})eated, so we referr him to the 
originall pappers in their owne hands And from themselfs 
to send us notice what is Done by them in every particular 
of the said Instructions, and what is undone thereof with 
the reasons of the same. 

Item to encpiire wdiat platt of ground they wer each of 
them setled upon and where it lyes, and how many acres 
it contains. 

Item to receive from the said John Reid a Map of 
Ground plat of both the said plantations taken up by the 
saids John Hanton and John Reid as it lyeth and as they 
are bounded, As also to bring a Coppy of such Patent as is 
passed for all the Lands they have on this Joynt Stock, 
And in caise there be any weaknesse or Defficiency in such 
Grant or Grants, that he will pi'ocure such further or other 
Patents as may legally and effectually intitle unto all such 
Lands. 

Item to en(|uire into the Conveniencys of each Plantaf 
tion naturally in reference to corne feilds meddow groundsj 
wood [and water ^| with its Inconvenien[cies]. 

Item to enquire how many servants wer at lirst granted 
to them with their name [or names ^] ages & Characters & 
what stock of money & goods Corn and .... of 



512 NEW JERSEY COLONIAL DOCUMENTS. [1686 

Cattle sucli as horses, oxen, Cows Swine sheep and the 
like, and how many of each kind. 

Item to enquire from our said overseers, and also from 
Gawen Lawrie Deputy Governor & sharer in the said 
stock, in whose hands, where, and in what kind of goods 
the rest of our said stock not intrusted into the hands of 
our said overseers lieth, and if any of it to be out in Debts 
re[lat]ing to our stock in whose hands such Debts are resting. 

Item to enquire at them what value in provysioiis and 
necessars was at first put into their hands. 

Item to enquire what houses they have built upon the 
said plantations with the number and value of them. 

Item to enquire what improvement is made upon their 
said plantations, as what increase there was yearly by the 
Cattle, and what increase by the Corns, and how it is at this 
Day, and what corn is so wen yearly. As of wheat, Barly, 
oats, Indian corn or the like and what other to this day. 

Item what nomber of Acres wer brought in and manured 
yearly, and what the first year, and how many are brought 
in and manured since yearly, and how many are under 
plowing at this day. 

Item to enquire how much ground nuiy be expected to 
be so brought in and laboured During the time of their 
Indenturs. 

Item to enquire how the Increase of corne and cattle is 
yearly Disposed upon, and what our stock is increased upon 
that account at this Day. 

Item to enquire what Meddow ground are Inclosed for 
hay upon the said plantations and what (juantity of hay is 
made yearly upon them and whether the Corne Feilds 
brought in under Labouring are not also Inclosed. 

Item to examine and take account of the fees resting to 
them, and to know if they be paid, and to appoint them 
to pay themselves out of the Countrey Debts resting to 
the said stock ; what tliey are not other wayes already paid. 

Item whereas James Ileid and Peter watson, two fami- 
lies being a pai-t of the said stock were nevertheless setled 



IfiSfi] INSTKnTIOXS TO ANDKKW irAMir.TOX. 513 

by tlicinselves a])art from -lohu Ilantoii and -lohn Reid, 
wc Doe also linpower the said Caj)t Ilaitiilton to make 
eii([uirj after the phmtatioii ii})on which they are settled, 
and to c;ett from John Jieid a ma])j) or Ground plott there- 
of Deseriveinij; how it lys and how it is bounded. 

Item to be Informed coucerniniz; this plantation and tiic 
state of it by encpiirinp^ into the severall particulars which 
need not here to be repeated. 

Item to enquire for 24'/ 16': 2'^ sterling due to Robert 
Burnet of Lethenty out of tlie said stock which he ad- 
vnnced t(j David Barclay on the Acco'' of y® said stock at 
his then goeing over, for which Robert Barclaj^ of [Trie & 
Robert Gordon of Cluney Drew al)ill upon the said David 
Barclay in August Last for the ]iaying thereof out of that 
stock to John Lainge that not being a Debt Due personally 
t)y the said David Barclay but a Debt on the said stock, 
therefore we recomeud it to the care of John hantou and 
.John Reid to pay that Bill to John Lainge who went over 
to the said province in Cap^ Voorse Shipp in August last 
out of that stock which will be allowed to them in their 
Accounts. 

Item we doe Impower and Authorize the foresaid Capt 
Hamilton to take a generall Survey of that whole stock, 
in whatsoever hands it is, And to Consider the whole value 
thereof as it is now in their hands, and to report to us the 
true state thereof with a particular returne to these severall 
])roposalls abovementioned to be enquyred into as is above 
written. 

Lastly since we are Inforujod that John Ueid and John 
llanton have exchaynged their lotts in Ambo point with 
land in the Cuntre\% we Desyre to know from wdiose share 
that land in the Cuntrey is Deduced and u[)on what termes 
and of whome they have it. 

In Scotland Dated March 26V 16S(; 

Li London Dated June 4^ 1686 
Roij'. Gordon Pkrtu R Barclay RobT Burnkt 

Melford W" Dockwra David Falconar. 



514 NEW JERSEY COLONIAL DOCUMENTS. [1686 



The Projii'letors, in Kiujland, to the Governor and Council 
of East Jersey. 

(Froin an oiigiual official Copy among the Mauusciipts of W. A. Wbitehead.] 

The late King Charles the second by his I'res^ Patents 
under the great seal granted to his p'sent Ma*'\then Duke 
of Yorke amongst other things all that tract of Land now 
called East new Jersey with all necessary powers of gov- 
ernment. 

, The Duke of York by Indenture grants East new Jersey 
and the governm^ thereof to the Earl of Perth & twenty 
three others who have granted many lesser parts to other 
p'sons. The Inhabitants except agP all the 24 Proprietors 
& other Proprietors of small shares their beings Judges, 
Sheriffs Justices or Jurymen on any Criminall cases, which 
can be for no other reason but because the forfeitures and 
fines redound to the advantage of the Proprietors & in all 
civill causes wherein all the Proprietors in generall or any 
one in p'ticular is interessed. 

Qxxixe — What expedient to obviate this Objection 
gol — Not to insist upon the dispoticall power the King 
of England and his assigns have in these new acquisitions 
(because the Proprietors will govern by the law of Eng- 
land) upon which the objection above is grounded, but 
because the Province has but a few people at p'sent, and 
these scattered up and down in distant places who cannot 
attend publicpie affairs without their great prejudices, and 
few of them are (piallitied to execute the Oliices of Judges 
Justices or Sherilfs, so that there is a necessity of using the 
Proprietors in these respective Offices or else there would 
often be a failure of Justice. 

It is proposed. 
1 That all forfeitures fines and other penalties that 
shall be incur'd by any Inhabitants, or imposed upon them 
in any Criminall case shall be appropriated to the defray- 



1686] I'KUPKIKTOltS TO E. JERSEY GOV. AND COUNCIL. 515 

iiig ttiu publi(jiie cliui'ges of the I'roviuce, Such as Salaryes 
of Judges &c1 building bridges, making highw