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






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.^ K C H I V E S 



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STATE OF NEW JERSEY. 



FIHST S EH IKS 
Vol. II. 



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This volume was compiled and edited by authority 
of the State of New Jersey; at the request of the 
Xew Jersey Historical Society, and under the direc- 
tion of the following committee : 

NaTHAMEL NlLES. CliU, 

Marcl^h L. Ward, 

Joel Pakkek. 

W. A. Whitehead. 



DOC IT M E N T S 



RELATING TO THE 



(COLONIAL HISTORY 



STATE OF NEW JERSEY, 



EDITED 3T 

/ 
WILLIAM A. WHITEHEAD. 

Corresponding Secretary of the New Jersey Historical Society ; Author of 
East Jersey Tncler tlic Proprietary Governments ; Contributions 
to the Early History of Perth Aniboy 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, etc.. etc. 



V C) LUIVIE I I . 



1687-1708.^., . 




NEWARK, N. J. : 

DAILV ADVERTISER PRINTING HOISE. 
1881. 






OEC i9 1904 

D. of \>^ 



SOURCES 

WHENCE THE DOCUMENTS IN THIS VOLUME WERE OBTAINED. 



Pnblic Record Office, London, England. 

Documents relatimi to the Colonial Histon/ of the State of 

yew York, 
yew Jersey Historical ISociety Lihrary. 
West Jersey Records, Secretary of Staters Office. Trenton . 
Manuscripts of William A. Whitehead. 
The Grants and Concessions and Original Constitutions of 

the Province of New Jersey, by Aaron Leaming and 

Jacob Spicer. 
East Jersey Records, in Secretary of State's Office, Trenton. 
Secretary of State's Office, Albany, New York. 
Pennsylvania A rehires . 



1<: R R A T A 



Page 98. — Instead of "Prom tlie New Jersey Col. Docts." I'ead New 
York Col. Dorts. 
Page 136. — In heading, read '■ East and Wmf Jersey " 
Page 229. — In heading, for " privates '' read pirates. 



CONTENTS 



PA«i:. 
1687 — April 14. — C'oiuinission froiu East Jersey Proprietors lo Samuel 
Winder. John Campbell and ]\Iiles Porster. to conter 
with the Governor of West Jersey, i-elative to running 

the line between the two provinces - 1 

It). — Instructions from the Council of Proprietors ol' 
East Jersey to Samuel Winder and others, commis- 
sioned as above - - - •> 

1HH7 — Sept. .").— Letter from Daniel ("oxe to the Council of Pro]»ri- 

etors of New Jersey, relating- to the division Inie 4 

KISS— — . — Part of a letter, without sittnature, to the Pro- 
prietors of East Jersey in England, relating lo the 

dividing line between East and West Jersey l'*^ 

KiHH — Feb. il. — Minutes of the West Jersey Proprietors, respecting 
running the line between the two pro\inces in accoi'd- 

ance with the award of Reid and Emley . . . "^-1 

Kiss — April ;;0. — Draft of an intended Surrender of the Government 

(if East Jersey to the Crown. "^•i 

May ~6. — Letter from Andrew Hamilton to William Dockwra, 

about his private interests in the province 27 

Sept. 5. — Agreement between the Governors of East and 

West Jersey as to the partition line - :<4 

(k'l. 4. — Lettci' from Govenior Andros of New York, to 
the Loj-ds of Trade, announcing his arrival at New 

York ;57 

1690 — Sept. 2o. — Account of the several Rates or Assessments, laid 

upon the Proprietors of East Jersey, 1683-lfi87 ;i7 

l(ji)l — March 4. — Release of West Jersey, from Daniel Coxe and wife 

lo the West Jersey Society - - - - - - 41 

4. — Grant of the Government of West Jersey, fi-om 
Daniel Coxe to the West Jersey Society 04 



X CONTEXTS. 

PAGE. 

1()92 — April 4. — Ayret'iiieut of tlie mejubers; ol' the West Jei-sey 
Society, lor the management and improvement of 

their lands . - _ 73 

i). — Commission to John Barclay (or John Eeid) to be 

Surveyor-Greneral of East New Jersey 81 

9. — Instructions from the Proprietors of East New 

.) eisey in London, to Governor Andrew Hamilton 84 

'• ■■ 11. — Commission to Andrew Hamilton to be Grovemor 

of West New Jersey _ 87 

June — . — Letter from the Proprietors of West Jersey in 
PJng-land. to Governor Fletcher of New York, prof- 
fering the co-operation of the Province in measures 

of defense 89 

— . — Communication from the Proprietors of East Jer- 
sey to the Lords of Trade. . . 90 

" ■■ 4. — Commission from members of the West New Jersey 

Society in England, to Jeremiah Basse to be their 

agent. . , 91 

" ■■ — . — Instructions from the Governor and Proprietors of 

West Jersey to their Deputy Governor, relating to 

the Militia . 93 

.Inly 29. — Letter from the West Jersey Society to the Rev. 
Thomas Bridges, of Bermuda, inviting him to emi- 
grate to West Jersey 94 

" August .■). — Letter from Daniel Co.xe to the Rev. Thomas 

Bridges, relative to his removal to West Jersey 96 

Doc. 24. — Lettei' from the Proprietors of West Jersey in 

London, to Jeremiah Basse 97 

IH93— Feb. 1;}. — Report of the Solicitor General on the Charter of 

Connecticut, and on the Grant of New Jersey 100 

April 1. — Letter from William Dockwi-a. Secretary and Reg- 
ister of the East Jersey Proprietors, in London, to 

(Tovcrnor Andrew Hamilton _.. ... 101 

1(>94— Feb. 1(1.— Journal of Captain .\rent Schuyler on a visit to the 

Minisink country KU] 

I'^eb. 13. — Lettei' from Governor .Vndrew Hamilton of East 
Jersey, to Governor Benjamin Fletcher of New York. 

relating to the dividing Ihie. . . 10."» 

22. — Minutes of the Council of New York — Connnittee 

on Boundary appointed 100 

IGOo— Nov. 11.— Instructions of the East Jersey Proprietors to 

Thomas Gordon as their agent, to proceed to England 10(> 
109(5 — lunc 2(i. — Letter from Governor Andrew Hamilton of East 
.lersey, to Governor Ben.iamin Fletcher of New 
York, about raising troops in East Jersey 113 



CONTENTS. XI 

PAGK. 

169(5 — Aut;. 38. — Letter from Governor Andrew Hamilton of Bast 
Jersey, to Governor Fletcher of New York, — diffienlty 

of obtaining troops for the frontier. . . . 1 15 

Nov. 10. — Memorial of Edward Randolph, Secretary, etc., to 
the Commissioners of the Customs, on Illegal Trade 

in the Proprieties . - lid 

— — . — Petition of Elizabethtown people to the King, for 
greater protection from the East New .Jersey Pi'o- 

prietors 124 

Nov. 31. — Commission of Thomas Coker to be Collector of 

the Customs at Perth Amboy 180 

Dec. 6. — Memorial of Edward Randolph, Secretary, etc., to 

the Lords of Trade 131 

Dec. 11. — William Penn's Observations on the Proceedings 

of Gov. Fletcher of New York l:« 

IG. — Memorial of the Proprietors of Several Pro/inces 
in America to the Tjords of Trade, relating to Courts 

of Admiralty 1 8;' 

1607 — Peb. 9. — Communication from the Lords of Trade to the 
Proprietors of East and West New -Tersey, relating 

to the raising of troops 134 

April 2. — Opinion of Sir Creswell Lewiuz, on the liability of 

East Jersey to New York for Customs 1 0(i 

9. — Letter from Attorney General Trevor to Secretary 
Popple, witli form of liond to be signed by Deputy 

Governoj-s in the Provinces 1 3H 

33. — Letter from the King to the Proprietors of East 
and West New Jersey, relating to the Plantation 

Trade 140 

May 6. — Letter from Secretary Popple to Jeremiah Basse. 

relating to his official bond 141 

IS. — Draft of Commission to Jeremiah Basse as Gover- 
nor of West New Jersey - 143 

30. — Agreement of the Governor, Council and Members 
of the House of Representatives of West Jersey, bind- 
ing themselves to uphold the interests of the King.- 145 
30. — Congratulatory address of the Governor and Coun- 
cil of West New Jei-sey to the King, on his escape 

from assassination 1 46 

— . — Agreement of the Quaker Members of the House 
of Representatives of West Jersey to uphold the in- 
terests of the King. 147 

— . — Memorial of the Proprietors of East and West New 
Jersey, asking for the approval of the appointment 
of Jeremiah Basse to be Govornm- of lioth Provinces. 149 



XI i COXTEKTS. 

PAGE. 

1697 — Inne 8. — Letter from the Lords of Trade to Jeremiah Basse. 
His bond to be executed before he enters upon any of 

his duties as Governor -. 150 

July 17). — Letter from Jeremiah Ba^^se to Secretary Popple — 

Pirates. Piracies, and his official bond loll 

" •• 21. — Ijetter from Jeremiah Basse to Secretary Popple, 

asking for a reply to his letter of loth 154 

'• •• 22. — Letter from Secretaiy Popple to Jereniiali Basse, in 

answer to the foregoing letters 155 

■' '• 26. — Letter from Jeremiah Basse to Secretary Popple 

about Pii-ates and Pii*aeies 157 

August 4. — Letter from Secretary Popple to Jeremiah Basse in 

answer to the foregoing. - 162 

Sept. 8. — Communication from the Lords of the Treasury to 
the Lords of Trade, transmitting documents refer- 
ring to the payment of Customs bv the inhabitants 

of East and West New Jersey 168 

14. — Letter from Secretary Popple to Secretary Lownds, 

in answer to the foregoing 168 

■' " 23. — Order in Council, referring to the Lords of Trade a 

petition of the Proprietors of East Jersey, relative to 

their right to a Port of Entry. 169 

Oct. — . — State of the case of the Proprietors of East New 
Jei-sey, respecting Ports, submitted to the Lords of 

Trade _ 171 

■' 6. — Letter from Secretaiy Popple to the Attorney Gca- 
eral and Solicitor Geneml, respecting the authority 
of the Proprietors of East New Jersey to constitute 

Ports in their Province 174 

12. — Letter from the Proprietors in England to Gover- 
nor Hamilton and Council in East Jei-sey, informing 
them of the appointment of Jeremiah Basse to i)e 

Governor 176 

18. — Answers of the Attorney General and Solicitor 
General to the inquiries of the Lords of Trade, dated 

October 6th 177 

'■ ■' 20. — Letter from the Commis.sionei-s of the Customs, to 

Edward Randolijh, Sui^eyor General of the Customs 
in America, relative to the Ports of Perth Amlwy and 

Burlington.. 178 

'' '■ 27. — Representation from the Lords of Trade to the 
Lords Justices, against the right of the Proprietors 
of East Jersey to establish Ports — transmitting opin- 
ions of the Attorney General and Solicitor General.. 180 
Dtc. 1. — Authority to George Willocks from the Proprietors 
uf borh East and West New Jersey, to receive Quit 
Rents. 186 



cox TEXTS. Xlll 

PA(tK. 

1697 — Dec. 14. — Authority to Rip Van Dam from tlie Proprietors 
of lx)th East and West New Jersey, to jeeeive from 
Geoi-jire WiiJocks or John Reid. the amounts collected 
lor arrears of Quit Rents 194 

29. — Order of the King in Council, directing the pay- 
ment to the Governor of Xew York, of all duties by 

vessels trading in Hudson's River 200 

1698— Feb. 2-3.— Ijetter from the Lords of Trade to the Earl of Bell(K 
raont, Governor of New York, relative to Ports in 

New Jersey 201 

• —. — Account of the Disbursements by the Proprietors 

of East .Jersey 202 

April S. — Proclamation of Governor Basse foi' the suppres- 
sion of A'ice and Immorality ._ 20H 

14. — Letter from the Council of West Jei-sey to the Pro- 
prietors in England — Arrival of Gov. Basse 307 

14. — Instructions to Governor Jeremiah Basse 309 

■' — . — Letter from Governor Basse to SccrctaiT Popple — 

announcing his arrival in Nev Jersey 214 

May S. — Letter from Earl of Bellomont. Governor of New- 
York, to the Lords of Trade — New Jersey Ports inju- 
rious to Xew York 216 

11. — Commitment of Lewis Morris for Contempt of 
Coui-t 217 

24. — Proclamation of the Governor of New York against 
the estabhshraent of Ports in New Jei-sey 218 

2"). — Letter from the Earl of Bellomont, Governor of 
New York, to the Lords of the Treasurv, enclosing 
the foregoing proclamation 221 

2.'». — Letter from Earl of Bellomont, Governor of New 
York, to the Lords of Trade, enclosing the foregoing 
proclamation 222 

27. — Deposition of John Elstou, one of the Pirate 
Every's crew, taken before Governor Basse 22:-} 

:^0. — Proclamation of Governor Jeremiah Basse estab- 
lishing Perth Amtoy as a Port 227 

June 17-18. — Correspondence between Governor Basse of New 
Jersey and the Governor of New York, about two 
pirates 229 

:>0. — Reasons of the Attorney General of New York why 

Perth Amboy should not be a free port 231 

July 1. — Letter from the Earl of Beliumout to the Lords of 
Trade — difficulties with Governor Basse of New Jer- 
sey 234 

6. — Letter from the Earl of Bellomont to the Lords of 



XlV COXTEXTS. 

PAGE. 

the Admiralty — Ciov. Basse had complied with his 

requisition for two prisoners 330 

1698— Feb. 23.— Minutes of the Council of New York, relating to 
the clearance of a vessel from New York to Perth 

Amboy ... 287 

Sept. 18.— Deposition of Ducie Hungcrford, Collector of the 
C'ustoms at New York, about the seizure of a vessel 

at Perth Amboy .- 238 

21.— Letter from Earl of Bellomont to the Lords of 

Trade about the Port Question 241 

Oct. 25.— Letter from Secretary Popple to Governor Basse.. 243 
Dec. 14.— Letter from Secretary Popple to Secretary Lownds 
of the Treasury, inquiring about the action of the 

Lords of the Treasury. ... 244 

" " 14. — Letter from the Earl of Bellomont to the Lords of 

Trade, about his difficulties with Governor Basse 245 

■' " 32. — Letter from Secretary Popple to Secretary Sansom, 
transmitting, to the Lords Commissioners of the Cus- 
toms, several documents referring to the Port contro- 
versy 247 

" " 33. — Petition of the Proprietors that Andrew Hamilton 

may be approved of as Governor of East New Jersey 249 
1(599 — Jan. 17. — Letter from Secretary Popple to Attorney General 
Trevor, asking for his opinion as to the qualifications 
of Andrew Hamilton to be Governor of East Jersey, 

he being a Scotchman. '. 250 

Feb. 2. — Letter from Attorney General Trevor to Secretary 

Popple, in answer to the foregoing letter 250 

'• " 21. — Letter from Secretary Sansom to Secretary Popple, 

transmitting a report of the Commissioners of the 

Customs about Perth Amboy port 251 

March 9. — Order of King in CouncU, referring to the Lords 
of Trade a petition from the Proprietors of East New 

Jersey, about their port at Perth Amboy 254 

'• •• 13. — IMemorial from the Proprietors of West Jersey, 
asking for the approval of Andrew Hamilton as Gov- 
ernor of that Province 257 

" ' ' 23. — Letter from Andrew Hamilton to Secretaiy Popple, 

relative to the action of the Lords of Trade on his 

appointment as Governor of New Jersey 258 

•' '' 33. — Memorial of the Proprietors of East Jersey to the 

Lords of Trade, in relation to the seizure of the ship 

Hester by the Governor of New York, &c 259 

April 3. — Memorial of the Proprietors of East New Jersey to 
the Lords of Trade, asking for speedy action iii rela- 
tion to their port at Perth Amboy 263 



COS^TENTS. XV 

PAGE. 

1099 — April 14. — Letter from Secretary Popple to William Dockwra, 
Register of the Proprietors of East Jersey, informing 
him that the Lords of Trade had concluded to author- 
ize a trial at Westminster, to test their claims to the 
Port at Perth Amboy and government of the Prov- 
ince 260 

•' •■ 18. — Representation from the Lords of Triide to the 
King, informing him of theu* determination to have 
the claim of East New Jersey to a port, tried in West- 
minster Hall - 307 

19. — Memorial of the Proprietors of East Jersey to the 
Lords of Trade, relative to the proposed trial of then- 

right to a port --- 268 

■' 21. — Letter from the Town of Newark to the other towns 
in East Jersey, in reference to a certain act of the 
Legislature, and reflecting upon the conduct of Gov- 
ernor Basse 270 

May 15. — Letter from the Earl of Bellomont to the Lords of 
Trade, enclosing a copy of a letter from the Duke of 

York to Governor Dongan - 271 

25. — Proclamation of Governor'* IPksse against certain 

immigrants from Scotland 272 

•■ April 21-25 ) — Letter from the towns of Newark, Elizabeth- 
June 1 . ) town, Perth Amboy and Freehold, to the Proprie- 
tors of East Jersey, condemning Governor Basse 273 

;>1. — Order of King in Council, referring to the Lords of 
Trade a petition of the Proprietors of West New 
Jersey, asking for the approval of Andrew Hamilton 

as Governor 275 

June 1. — Letter from Col. Robert Quaiy, Judge of the 
Admiralty Court in Pennsylvania, to the Lords of 

Trade, about pirates 277 

(i. — Letter fi-oni Col. Robert Quary to the Lords of 

Trade, about pirates in Pennsylvania and elsewhere. _ 280 
'.;. — Letter from Governor Jeremiah Basse, of New Jer- 
sey, to Secretary Popple, about pirates anrl illegal 

traders. 280 

27. — Prom Charles Goodman, Collector of the Customs 
at Perth Amboy, to the Commissioners of the Cus- 
toms — goods seized by him had been rescued by 

armed men 291 

July 5. — Memorial ot the Proprietors of East Jersey to the 
Lords of Trade, relative to a surrender of their gov- 
ernment 294 

Aug. 1. — A proclamation of Governor Basse against certain 

ships from Scotland 29 



xvi CONTENTS. 

PAGE. 

1699— Au^. 19,— Commission to Andrew Hamilton to be the agent 

of the West New Jersey Society 399 

' Commission to Andrew Hamilton to be Governor of 

West Jersey -- '^^^ 

21.— Letter from the Lords of Trade to the Earl of 
Bellomont, Governor of New York, explaining tlie 

port question .-- — -- 303 

—.—Account of the inhabitants of West Jersey in 1699. .305 

" Oct. 25.— Letter from Secretary Popple to William Dockwra, 
inquiring as to the operation of a certain act against 
fraud, &c., in East and West .Jersey '- - - - 30G 

•' Nov. 14.— Letter from William Dockwi-a to Secretary Popple 

in answer to the foregoing. .. 306 

20. — L3tter from Secretary Popple to Attorney General 
Trevor, asking for his opinion respecting a new mode 

of having the Proprietary Governors approved 307 

1700— Jan. 15.— Memorial of the Proprietors of East Jersey to the 

Lords of Trade, insisting upon a clause in their new 

charter establishing Perth Amboy as a port of entry. 308 

Feb. 1. — Letter from Governor Basse to the Lords of Trade. 

giving an account of his administration of the affaii's 

of New .Jersey. — 310 

33. — Petition of Jeremiah Basse and .John Lofting, to the 
Flouse of Commons, relating to the ship Hester 311 

" March 13. — Minutes of a Court of Sessions held at Elizabeth- 
town, relating to Samuel Carter _ 313 

" " 19. — Minutes of Middlesex County Court held at Pis- 

cataway 315 

" May 36. — Letter from William Penn to Samuel Leonard, 
relative to the provisions for the approval of the 
appointment as Governor 818 

'' •• — . — Letter from Governor Hamilton [to the Secretary 

of State?] relative to the capture of four pirates 331 

" June 1. — Letter from Governor Andrew Hamilton to the 

Proprietors in England 437 

" " — . — Remonstrance of the inhabitants of East Jersey 
against the acts of th.* Proprietors, and asking for 
t be appointment of a competent Govei'uor 333 

" .July 23. — Letter from Andrew Bowile and Richard Harts- 
home, to .Jeremiah Basse, relating to the disorders in 
New Jersey . 327 

" •' 30. —Letter without signature to -Jeremiah Basse, .giving 

an account of the disturbances in East .Jersey 329 

" Aug. 27. — Indictment of sundry persons by the Grand Jury 

of Monmouth Countv 332 



CONTENTS. Xni 

PAGi;. 
1700-Sept. 10-30.— Minutes of the Court of Sessions of Essex (bounty 

and of the Grand J ury, held at Newark 333 

Nov. 15.— Letter from Jeremiah Basse to the Lords of Trade, 

transmitting certain documents 340 

1 (i._Letter from Seerotary Popple to William Dockwra, 
enclosing to him tho Remonstrance of the inhabitants 
of East and West Jersey, to be submitted by 1dm to 

the Proprietors - " 

23.— Letter from the Earl oi; Bellomont, Governor of 
New York, to the Lords of the Treasuiy— good for- 
tune of Mr. Basse in recovering damages for the 

seizure hf him of the ship Hester 341 

- Dec. 3.— Memorial from Jeremiah Basso to the Lords of 
Trade, desiring a speedy action on the petition of the 

Proprietors ' " 

5.— Letter from William Dockwra to Secretaiy Popple, 

in answer to his oi 16th November, etc 343 

'.»- Answer of the Proprietors of East Jersey, to the 
Remonstrance of the inhabitants referred to them by 

the Lords of Trade --- '^ 

1 7.— Letter from Jeremiah Basse to the Lords of Trade. 

desiring a copv of tlie foregoing document 3o2 

• 17.-Letter from Secretary Popple to Wm. Dockwra, 
■iskin^' lor the proposed Surrender of their Govern- 
ment by the Proprietors ol Bast Jersey, referred to 
in their answer, etc., under date of December 9... 353 
1701-Jan l3.-Report of Colonel W. W. Roemer to the Bari of 

Bellomont, on the harbor of New York.. ^o* 

.. Feb 19.-Extract Iron, report of Mr. Edward Randolph, on 

the mal-administration of Governors in America.... .^50 
- 21 -Memorial from Jeremiah Basse to the Lords of 
Trade, praying that the petilion of the inhabitants of 
Kast Jersey, relating to the .lisonlers there, be con- ^^_^ 
idered. 



March 24.-Crimes and Misdemeanors charged upon the Gox - 

ernors of the Proprietary Governments in America. .^5» 
• . 25 -Proceedings of the Court of Sessions of Monmouth 

County, at Middletown, relative to the putting ot ^^^ 

sundry officials under guard - - - - - 

.. 2(i -Proceedings of the Cbiu't of Sessions of Monmouth 

County, at Middletown, against several persons 3b4 

■ . 20 -Letter from John J ohnstone to the Councd ot Last 

"Jersey, relating to the troubles at Middletown, Mon- ^^^ 

month County " 7 ' V- " 'i' % 

April 29.-Letter from the Lords of Trade to the Eari of 



Xviii CONTENTS. 

PAGE. 

Belloinont— boundaries between New York and New 

Jersey — the ship Hester 367 

1700— April :30.— Letter from three of the Council of New York to 
the Lords of Trade, respecting the condition of New 

Jersey •^•^*^ 

May —.—Petition of the Governor and Council of East Jer- 
sey to the King, asking for orders to the inhabitants 
to yield obedience to the authority of Governor Ham- 
ilton :^fi9 

— . — Memorial of the Proprietors of East and West Jer- 

sey to the Lords of Trade asking for the approval of 

Andrew Hamilton as Governor 374 

•' •• 12.— Petition of the Council and Assembly of West Jer- 

sey to the King, asking for the confirmation of Andrew 

Hamilton as Governor 377 

■■ 16. — Address of the inhabitants of West Jersey to the 
King, asking to be taken under his immediate Gov- 
ernment 380 

June 18. — Letter from the Council of East Jersey to the Pro- 
prietors in England, objecting to the appointment of 

Andrew Bownie as Governor 385 

19. — Surrender of the Government of East Jersey to the 

Crown, by certain Proprietors 387 

20. — Memorial of Jeremiah Basse to the Lords of Trade, 
asking for a consideration of the memorials and letters 
in their hands, relating to the governments of East 

and West Jersey 391 

.lulv 15. — Memorial from Governor Basse to the Lords of 

Trade, relating to the government of New Jersey 892 

— . — Petition of the inhabitants of East Jersey, asking 

to be taken under thfe immediate government of the 
King, should the Proprietors fail to appoint a suitable 

Governor — 394 

Aug. 5. — Letter from Lewis Morris to the Lords of Trade, 

relating to the disorders in New Jersey 398 

12. — Memorial of the Proprietors of East and West Jer- 
sey, submitting their views relative to the surrender 
of their governments 404 

14. — Memorial of the Proprietors of both East and West 
Jersey, asking for the approval of Andrew Hamilton 
as Governor, until the surrender of their governments 

can be perfected. 408 

., Sept. 2. — Memorial of Lord Cornbury, GoA-ernor of New 
York, to the Lords of Trade, asking for such an ex- 
tension of his authority as will allow of his appointing 
militia officers in New Jersev and Connecticut 411 



CONTENTS. XIX 

PAGE. 

1700— Sept. 13. — Letter from Lewis Morris to Secretary Popple, 
relating to the surrender of the governments of the 

Proprietors of East and West Jersey 412 

18. — Memorial of a majority of the Proprietors of East 

and West Jersey, enclosed in the foregoing letter 415 

'• " 18. — Persons recommended by the majoi'ity of the Pro- 

prietors of East and West Jersey to be of the Council 

in New Jersey 41 7 

•> 80. — Memorial of Jeremiah Basse to the Lords of Trade, 
asking to be heard before final action, in relation to 
the surrender of the governments of East and West 

Jersey 418 

Oct. 2. — Representation from the Lords of Trade to the 
Lords Justices, relating to the surrender of the gov- 
ernments of East and West Jersey by the Proprietoi-s 420 
'' •• 30. — Letter from Cliief Justice Atwood to the Lords of 

Trade — had been to Burlington and published his 

commission _.. 428 

Nov. 14. — Letter from Secretary Popple to Sir Thomas Lane, 
submitting a draft of a commission and instructions 

for a Governor of New Jersey 428 

Dec. .■). — Names of persons proposed by Sir Thos. Lane and 
other West Jersey Proprietors for the Governor and 

and Council of New Jersey. 429 

5. — Names of persons proposed for Governor and Coun- 
cil of New Jersey, by Wm. Dockwra and others of 

East Jersey 480 

!». — Letters from Secretary Popple to Edward Northey, 
Attorney General, asking for a consultation with the 
Lords of Trade about tlie surrender of the govern- 
ment of East and West J ersey 482 

'• '• 10. — Objections to the jipjoointment of Andrew Hamil- 

ton as Goveraor of New Jersey, presented to the 

Lords of Trade by William Dockwra 482 

81. — Memorial from Lewis Morris to the Lords of Trade, 
in answer to the foregoing objections of William 

Dockwra 442 

1702 — Ian. (>. — Representation ti-om the Lords of Trade to the 
King, transmitting drafts of a commission and in- 
structions to the Governor to be appointed over New 

Jersey 448 

21).— Order of the Khig in Council to the Lords of Trade, 
transmitting a form of a surrender of the govern- 
ments of East and West Jersey for execution by the 
Proprietors 450 



XX CONTENTS. 

PAGE. 

1702 — March 30,— Letter from the Lords of Trade to Lord Combury, 
Governor of New York, to have Queen Anne pro- 
claimed - 450 

April 13. — Surrender of the Government of East and West 

Jersey to the Crown — 452 

" " 17. — Order of Queen Anne m Council, directing the Sur- 

render of the Govern uients of East and West Jersey 

to be enrolled in the Court of Chancery ., 461 

21. — Letter from Colonel Blakeston, of Maryland, to Mr. 
Moore, of Pennsylvania, relating to irregvdarities in 
that Province and in New Jersey, with Mr. Moore's 

answer. _ 452 

Ma>- 14. — Order of Council referring to the Lords of Trade 
a petition from Peter Sonmans and William Dockwra, 
asking for the aijpointment of some person, as Gover- 
nor of New Jersey, who had taken no part in the dis- 
sensions of the Province — the petition follows _ 4(>.j 

14. — Order of Council referring to the Lords of Trade a 
petition from several of the Pr'oprietors of East anil 
West Jersey, recommending Col. Andrew Hamilton 

to be Governor — the petition follows 40N 

28. — ^Memorial of Wm. Dockwra and Peter Sonmans to 
the Lords of Trade, submitting objections to the 
appointment of Andrew Hamilton as Governor of 
New Jei-sey _ . 470 

" •• 28. — Letter from Secretary Popple to Sir Thomas Lane, 

transmitting copies of papers received from Wm. 

Dockwra and Peter Sonmans 47:] 

Junu I. — Letter from the Lords of Trade to the Earl of Not- 
tingham, Secretary' of State, enclosing a draft of a 
letter for the signature of the Queen, conferring tem- 
porary authority in New Jersey on Lewis jVIorris 474 

" " o. — A reply by several of the Proprietors of East and 
West Jersey, to the complaints made by William 
Dockwra and Peter Sonmans against Andrew Hamil- 
ton 475 

17. — Memorial from Colonel Quary to the Lords of 
Trade, objecting to the appointment oJ' Andrew 

Hamilton as Governor of New Jersey 47!> 

18. — Letter from Surveyor General Eandolpii to the 
Lords of Trade, lelative to Andrew Hamilton's 

connection with illegal trade 481 

2o. — Lettei- from Lord Cornbiuy to the Lords of Trade, 
giving an account of his visit to New Jerse>- to pro- 
claim the Queen 482 



CONTENTS. XXI 

PAGE. 
1702— June 35.— Lords of Trade to the Queen, recommending the 
appointment, as Governor of New Jersey, of some 
one not connected with the affairs of the Province. . . 484 
Aug. 4.— Letter from the Earl of Nottingham to the Lords 
of Trade, recommending gentlemen to be of the Coun- 
cil of New Jersey "^^fi 

12.— Nominations for the Council of New Jersey by the 

Earl of Nottingham -1^87 

18,— Lords of Trade to Queen Anne, with a draft of 
Lord Combury's commission as Governor of New 

Jersey. ^^ 

Sept. 1,— Letter from Lord Clarendon to the Secretary of 

State, about the Council for New Jersey - - oOl 

^.—Letter from the Lords of Trade to the Eai-1 of Not- 
tingham, relating to the Council for New Jersey 5(J*2 

39. —Letter from Lewis Morris to the Lords of Trade. 

referring to the diffic\ilties in New Jersey 504 

Nov. 16.— Insti-uctions from Queen Anne to Lord Cornbury. 50(5 
Dec. 31.— Letter from Lord Cornbury to the Lords of Trade, 
referring to a meeting held in New Jersey by Col. 

Andrew Hamilton -- 5'"^'' 

1703— April 30.— Letter from Queen Anne to Lord Cornbuiy and the 
Council of New Jei-sey. relating to the Governoi-'s 

salary - - '^'^ ' 

.< .. 30.— Circular letter from the Lords of Trade to Lord 
Cornbuiy and other Governors of Plantations, relat- 
ing to Courts of Justice - - - 53^1 

29.— Letter from the Council of East Jersey to Lord 
Cornbury, informing him of the death of Gov. Andrew 

Hamilton --- 540 

May 31.— Letter from the Lords of Ti-ade to Lord Coi-nbury, 
about the quota of New Jersey for the defence of 

New York ^^ •"'41 

• i ■ . 09 — Letter from Lord Cornbury to the Lords of Trade — 

his commission as Govern(jr of New Jersey not yel 

arrived -- "^* 

June 16.— Letter from Col. Robert Quary to the Lords of ^ 

Trade— the contests in New Jersey - - - -544 

Index 545 



NEW JERSEY 



COLONIAL DOCUMENTS, 



Coiunu'.ssion from East Jersei/ Proprietors to Samuel 

IVinder, John Campbell and Miles Forster, to 

confer with the Governor of West Jersey, 

relative to rnnning the line between the two 

provinces. 

[From the original among West Jersej' Line papers in New Jersey Historical 
Society Librar.v, Vol. 4, No. C. 1 

East New Jersey. 

®0 aU ^'piau people to 
whom these p'sents shall 
Come or whom the })'"mises 
shall or may Concerne. — 
^tt whose names are here- 
under subscribed send greet- 
m.^ ffot'a^mUCU as the 
Governour and Divers of the 
propriet" of East and west 
Jersey the better to Setle the Line of partition be- 
tweene the two provinces att a meeting held at Mils- 
tone River the Eight day of January last past Did by 
mutuall Consent of both p'tyes Submitt and Referr 
the whole matter of Difference to bee Determined by 
one William Emly and John Reid as Arbitrator vpon 




2 NEW JERSEY COLONIAL DOCUMENTS. [1687 

w"'" submission the said Arbitrate®, the day yeare and 
place above said Did Determine and award that the 
said Line of Partition should Runne from the north 
Side of the mouth or Inlett of the [ ( ] of Litle Egge 
Harbour on a streight Line to Delaware River north 
north west and fifty minutes more westerly according 
to a Naturall position and not according to magnett 
whose variation is nine Degrees westward W^OW ^ttOW 
%tt That wee have nominated and appointed and by 
these p'sents doe Authorize nominate and appoint 
Sam' winder' John Campbell and myles ffoster gen- 
tlemen or any two of them w"" all Convenient Speede 
to Repaire to the province of west Jersey and there 
give notice to their Governor and others Concerned to 
meete the Surveyor generall or other Artistes (to bee by 
vs Commissioned and appointed) at the north Side of 
the mouth or Inlett of Litle Egge Harbour upon the 
the Twenty-Sixth day of this Instant Month of Aprill 
in order to Runne and Ascertaine the Said Line of 
partition in p'formance of the Said Award made as 
afores*': ^WtW under the Seale of the Said province 
att perth Amboy this ffourteenth Day of Aprill Anno 
Dom ; one thousand six hundred Eighty and Seven 
Annoq^ the Jacobi Rei [ . . .'i ] 

Thomas GtORDon, And. Hamilton. 

John Barclay, Gawen Lawrie. 

ro: fullertown, 

Tho: Warne. 



^ j^ J J ' The first mention of this gentle- 

/ ^ ^iQr, j/PJC' / Q.^ man is in 1678, when he was ap- 

,^yf^/^rT^^ytvyyT,.t/Ayir> pointed Register under John Fen- 

^//r^.^/\.i^^ ^ riy^rH'^^y^'^r^f wicke, but in IbSl, having pur- 

chased some land from theliidians 
on Raritan River, he removed to 
East Jersey, and about 1683 married Margaret, daughter of Deputy Governor Rud- 
yard, of that province, and became a resident of Middletown, in Monmoutli 
county, and died there. In 1686 he was appointed one of tlie Council of Governor 
Lord Neill Campbell. It is thought that he came to New Jersey from Staten 
Island. 




1687] INSTRUCTIONS TO COMMISSIONERS. -^ 

Instructions from the Council of Proprietors of East 
Jersey to Samuel Winder and others. 

LFrom New Jersey Historical Society Library West Jersey Line Papers, Book 4. 

No. 4.] 

Perth Amboy, Ap. IH, 1687 — 

\ privat in their hands to Mr. Sa: Winder d: coin- 
1 panie on ther negotiation ivith W. Jersey. 

Imp: That you require Governor Skene, & the rest 

who signed the bond/ to to give orders 

that the line be run conform to the last award. 

If they shift & only passively say that they consent 
for themselves not to take it for and answer for that 
they are oblidged to shew ther Consent by some act viz 
and order to the surveyor for themselves & in name 
of the power that they had lodged in them. 

If they refuse, that some legall attest be taken upon 
the refusal which afterward (if occasion be) may be 
and evidens to prove the breach of ther bond. 

If they desire a Copie of the power you have from 
us to require them to run the line, tell them That it 
being a publick paper you cannot deny it, & desire 
them in exchange to give you a Copie of ther protest 
or any other publick papers toutching the line. If the 
day named be too short it is in your discretion to 
Name another day, in caise they consent to join 

By order of Council 




1 See Volume I, p. 582.— Ed. 



4 XEW JEKSEY COLONIAL DOCUMENTS. [1687 

LeMerfrom Daniel Coxe to the Council of Proprietors 
of West Jersey. 

fFrom Smith's History of New Jersey, pp. 190 and 546.] 

Govei-nor Coxe to the Council of Proprietors of 

West NeAV Jersey, (rreeting. 

After Mr. Bylllng's decease, (1) his heirs were greatly 
ignorant of his concerns relating unto West Jer- 
sey, and therefore resolved to sell his interest both in 
government and property; and that they had begun 
to treat with a person who would probably have 
made the condition of the proprietors and inhabitants 
very uneasy : I and another of the chief proprietor's 
having together a very great share of the country, 
applied ourselves for advice unto the lawy^ers, being 
assured by the most eminent that however ByUinge's 
concessions might in' conscience bind him during his 
life; they were not always obligatory to a purchaser 
or successor, because said concessions were made be- 
fore his right of government was granted; we there- 
upon consulted with several proprietors and others, 
well wishers to your colony, amongst whom it was 
agreed and resolved to be for the good of your coun- 
try, and our own security, that one amongst us 
should purchase from the heirs of Mr. Byllinge, all 
his, and their interest in property and government; 
and because my proportion of land was greater, or 
that they apprehended me capable of serving them, 
or to have more money at command, or because they 
had ever perceived me to be zealous and active to 
promote the good of the province: I was earnestly 

(1) The precise date of Byllmges' death has not been met with. Judge Clement, 
in his interesting paper " On the West New Jersey Society," read before the Sur- 
veyors' Association of West Jersey, gives it as occurring on 16th day of the 11th ■ 
month, 1G84. But Byllinge in 1685 appointed John Skein his deputy and executed an 
agreement with the Governor of East Jersey September 14th, 1686. (New Jersey 
Archives I p. .520.) It is presumed that he died in the early part of 1687— Mulford's 
New Jei'sey, p. 248. — Ed. 



leST] LETTER FROM DANIEL COXE. .■) 

pressed and requested to make a purchase of the gov- 
ernment and properties annexed thereunto, where- 
with having compHed, that I might demonstrate the 
disinterestedness of my undertaking; and that I did 
primarily propose the welfare and benefit of the peo- 
ple, and prefer it to my private advantage. I did 
many times proffer Mr. Penn, Mr. Ford and others, 
who pretend to understand most of your minds, what 
was for your good, and to be as it were kind of trus- 
tees for you: That if they would contrive any meth- 
od, whereby the government might be legally and 
severally invested in the proprietors, or people with- 
out a governor; or if they would find any person 
more fit to discharge the office of government, or 
who might prove more acceptable to the people than 
myself; I was willing to consign or reconvey all my 
estate, power, authority as I had received it and upon 
the same condition, not desiring the least advance 
beyond what they all know I had disbursed; but not 
finding any proposal to meet with any other return, 
than an invitation to proceed, and good wishes that 
I might therein prove successful; and finding that all 
the proprietors in or near London, whom I could con- 
vene, were greatly satisfied with my conduct, en- 
couraging me to expect they would meet with like 
acceptance from the proprietors and inhabitants of 
West Jersey: I thereupon thought fit to recommuni- ' 
cate unto you the whole transaction of this affair; as 
likewise what I expect from you the proprietors and 
inhabitants of West Jersey: and what you may re- 
ciprocally challenge from me: I do therefore hereby 
give you to understand, that whereas all the gentle- 
men of the law, who have been hitherto consulted, 
do unanimously agree, that the government of the 
province of West New Jersey, is legally in me as full 
as Pennsylvania in Mr. Penn, or East Jersey in the 
proprietors there: I thereupon assumed the title of 



n NEW* JERSEY COLONIAL DOCUMENTS. [1687 

governor, and lay claim to the powers and authority 
thereunto annexed; and I am resolved by the assist- 
ance of Almighty God, to exercise the jurisdiction 
by his royal highness, his last deed or grant unto me 
conveyed, with all integrity and faithfulness and dil- 
igence, for the benefit and welfare of those, over 
whom divine providence hath constituted me (under 
our sovereign) superintendent or chief overseer; al- 
ways preferring pubhck emolument, before my own 
private advantage; and may I succeed in my under- 
takings, well or ill, according as I pursue or violate 
this resolution and engagement; and I am contented 
this my declaration be recorded, that it may contin- 
ually reproach and condemn me if I ever recede 
therefrom. And whereas Mr. Byllinge, in his former 
concessions, hath given his consent, and ratified di- 
verse laws in the said grant, stiled fundamentals; the 
first concerning liberty of conscience, the second, 
that no person shall be deprived of life, limb, estate, 
property, privilege, freedom, franchises, without a 
due trial and judgment, passed by a jury of twelve 
good and lawful men in the neighbourhood; the per- 
son excepting, if he please, against thirty-five, with- 
out any reason rendred, and more if he assign a just 
cause: I hereby declare, that I do in my heart highly 
approve the said fundamental laws and concessions, 
and am ready to confirm them; and vdthall, I do 
faithfully promise, that to the utmost of my ability, 
I will cause them to be most inviolably observed, as 
also those three fundamentals after mentioned. If 
your assembly shall desire the continuance of them, 
and that it appears, nothing is therein contained con- 
trary to the laws of England, which extend to our 
colony; by the breach whereof, we inevitably expose 
ourselves unto the forfeiture of our charter, which, 
next to the blessing of God, and protection of our 
prince, is our greatest comfort and security; and that 



1687] LETTER FROM DANIEL COXE. 7 

you may all become fully satisfied: I do not intend 
to arrogate unto myself any absolute despotic power, 
I have thought fit to add, that whereas it is generally 
acknowledged by all intelligent disinterested persons, 
the government of England by a sovereign prince, 
upon weighty considerations of making or repealing 
laws, levying taxes, consulting with his parhament, 
is the best of constitutions, and diverse of our Eng- 
lish plantations, having in imitation hereof joined 
with the governoi' an assembly or parliament : I do 
hereby declare my full and free approbation of such 
constitution in your province, and I shall confer upon 
your assembly, all the powers and privileges consist- 
ent with the ends of good government, the redress- 
ing grievances, and promoting the peace and pros- 
perity of the province; and I make my request you 
would with all convenient speed, transmit unto me 
your proposals, both in order unto the establishing a 
regular and durable method of convening assembhes, 
and what power you desire should be intrusted with 
them: And because assembhes have been hitherto con- 
vened only annually, except upon some solemn urgent 
occasion, it hath been customary for the governor or 
his deputy, to act in affairs of importance during the 
recess of assembhes, with the advice of a council, I 
would desire you to give me to understand, how you 
expect and desire such council shall be chosen; 
whether you will acquiesce in the governor's nomi- 
nation, or whether you desire the assembly should 
have any share in their election; also in case of suc- 
cession upon decease or misbehaviour; and whether 
the council shall be annual, biennial or triennial, or 
during life; if understanding, faithful and diligent 
in discharging of their trust: I shall in all these, and 
any other particulars, which shall manifestly appear 
to make for publick utility, not only have a great 
deference for your opinion and advice, but readily 



8 NKW JERSEY COLONIAL DOCUMENTS. [1087 

comply with all your just reasonable expectation and 

requests. Thus having without reserve or disguise, 

declared unto you my sentiments concerning govern- 
ernment, I proceed to affairs of another nature; but 
of little less moment: It is the fixed persuasion of 
diverse intelligent persons, that your province hath 
deeply suffered, and is stinted in its growth for want 
of ascertaining its limits, and fixing a boundary be- 
tween it, East Jersey and New- York; that thereupon 
a subdivision might be made of the country, into 
one hundred proprietaries, as was originally agreed, 
thereby appropriating unto every good purchaser his 
portion in specialty; I have inclosed an account of 
my transactions with the proprietors of East Jersey, 
(1) many of whom being persons before well affected 
unto me, I have highly disobliged, upon my refusal 
to comply with their claim, upon the last pretended 
agreement; all which, and much more, if like occa- 
sion should require. I shall readily conflict with, 
and cheerfully undergo, for the good of our little, 
yet unto me, dear community, which I shall love, 
cherish, and endeavour to support and maintain, as 
if they were members of my own private family: 
Lastly, I do confirm all those persons who were ap- 
pointed by Mr. Byllinge, or chosen by the people in 
their respective places and employments, until I fur- 
ther learn from you the state of your colony, unless 
by some new advice and very extraordinary motives 
I should be obliged to make an alteration, which 
should it happen, you may all rest assured, I shall 
have a tender regard unto your welfare and satisfac- 
tion: And now nothing remains besides our suppli- 
cating with united minds, the allwise God, to grant 
us the wisdom which is pure and peaceable, to enable 
us methodically to order our affairs with discretion; 

( t ) See succeeding document.— Ed. 



1687] LETTER FROM DANIEL COXE. 

that we may act industriously, regularly, cheerfully, 
in the several stations and employments his divine 
providence hath allotted us, considering we are one 
body, and members one of another; that no injury 
can happen to a part which will not redound in some 
to the hurt of the whole: For my own particular, I 
can appeal unto the searcher of hearts, that I do 
sincerely and primarily design the prosperity of your 
province, in its peace, security and plenty; and that 
it may be so settled, as that you may not only live 
happily during my administration, but that it may 
not be in the power of any future governor, deriving 
from me, even to hinder the due execution, much 
less to repeal those laudable constitutions, which 
with your advice and assistance I hope to establish: 
And on your parts, I expect and promise myself a 
ready compliance with whatsoever shall be proposed 
for the publick good: That instead of factions and 
divisions, there be a generous emulation amongst 
you, who shall promote the welfare of our com- 
munity: That you be mutually tenderly affectioned 
one towards the other; and though you may differ 
in opinions, concerning things of lesser moment, yet 
continue united in affection, as being servants to the 
same God, subject to the same prince, and having 
one common interest; often remembering, that by 
unanimity and concord, diverse nations have been 
advanced from contemptible beginnings, unto great 
wealth and power; whereas by discord, mighty em- 
pires have been broken and ruined, without the ac- 
cession of external force: That the God of peace 
and love would unite, preserve and prosper you, is 
the frequent, fervent, and shall continue to be, the 
constant request, of your most affectionate friend, 

Daniel Coxe. 
September the 5th, 1687. 



10 ■ KEW JEllSEY COLONIAL DOCUMENTS. [1687 

Governor Coxe's Narrative Relating to the Division 
Line, enclosed in the foregoing. 

I was desired to give a meeting to the proprietors of 
East-Jersey, where were present, governor Berkeley, 
lord Campbell, lord Melford, secretary of state for 
Scotland, mr. Penn, mr. Ward, and six or eight more; 
they presented me the original of an agreement be- 
tween the commissioners of both Jersies, in order to 
run the partition point; and withal a map; whereby it 
is obvious at the fii'st glance, that above a third part of 
that land, which was ever accounted to belong to 
West-Jersey, is allotted to, and comprehended within 
the limits of East- Jersey: They desired my concur- 
rence to this agreement, as being first in its own na- 
ture a most just and equal division or quantity: Sec- 
ondly, agreed on by commissioners, on both sides: 
Thirdly, according to mr. Byllinge's instructions, who 
had impowered his commissioners to make an equal 
division: I answered in behalf of your colony and of 
myself, that first, the division was very unjust in its 
own nature; and secondly, that if it were otherwise; 
yet I did apprehend, they, who made the agreement, 
were not legally or sufficiently impowered. 

And first, as to the injustice of the division; I de- 
clared, I thought they ought to have regard unto the 
letter of the agreement between sir George Carteret 
and mr. Edward Byllinge; the fine was to run from 
Little Egg-Harbour, unto the most northerly branch 
of Delaware river, in forty one degrees forty minutes: 
They denied there was any such branch; I showed 
them in their own map, made by mr. George Keith, a 
river running into Delaware, whose head is near an- 
other of Esopus river; they urging that to be a most 
unconscionable division, and that it would cut off two 
thirds of their country; that in the map printed from 
that original, whereon the partition line was drawn, 
they had a far greater scope of land; I offered them 



1687] GOVERNOR COXE ON DIVIDING LINE. 11 

to calculate the proportion of land in both Jersies, 
from the map or chart; and upon the division, they 
should have a hke proportion unto what v^as therein 
allotted them; which would have been about the third 
of the whole: They approved not thereof: I proffered 
lastly, to comply with the second line, which was pro- 
posed by our arbitrators, whereby we gave them a 
large tract of land, whereunto they had no right; 
which shewed, that we were both willing to come to 
an agreement, in our demands, moderate, favourable 
and friendly, in our concessions: I added, that the 
lands actually in their possession, or sold unto others 
before the line was agreed to be run, should be an- 
nexed unto, and for the future, accounted part of their 
country; which, according to their own confession, 
were some of the most rich, beautiful, and pleasant 
tracts of land in either Jersies: Neither would this 
please; they insisted upon the agreement, and would 
either have it performed or sue the bond : I was some- 
what perplex'd how to preserve our own right, and 
secure our friends from harm; but being willing, as I 
have been, to deny myself any j)rivate benefit for pub- 
lick utility, when they pressed they had either power 
or not: If power, then all were obliged; if not, they 
in particular: I answered, they might apprehend them- 
selves to have power, but really had it not; as appears 
by the protestation of the body of the proprietors and 
inhabitants of West-Jersey, wherewith the lord Camp- 
bell had acquainted me: And they themselves are like- 
wise sensible, that they proceeded not only beyond but 
contrary to their commission; and as for the bonds, 
they could not be sued, so long as they did upon no 
overt-act oppose such agreement; and the very utmost 
they could require from them, was so much land as 
came to their share upon a new division, according to 
the deed of partition, whereunto they had signed, I 
then proceeded to confute their pretensions from an 



12 NEW JERSEY COLONIAL DOCUMENTS. [1687 

equal division, showing there was not the least foot 
steps for such a claim in the deed of partition: I de- 
sired them to consider, that West-Jersey proprietors 
gave above eighteen thousand pounds for the land, 
which cost not East-Jersey proprietors much above 
four thousand pounds, and for many years last past, 
proprieties of West- Jersey have been valued very little 
below those of East- Jersey; which was merely upon 
the account of the opinion all persons; had the pro- 
prietors of East-Jersey, themselves not excepted, that 
our part exceeded theirs at least two-thirds in quantity 
of land : I was my self almost two years, owner of an 
intire propriety in East-Jersey, and continually heard 
their complaints; nor did I ever hear any mention of 
a right to an equal division, as to quantity of land, 
only valuing themselves upon the goodness of their 
land, and conveniency of harbours; which were open 
all the winter. And as for the pretension, that mr. 
Byllinge gave commission for an equal division; we 
could produce hundreds of witnesses, that his great 
argument unto all purchasers, was, that West-Jersey 
was three times as large as East, and equal I am a 
witness, that he intended only equitable according to 
the agreement or deed of partition; which diverse can 
testify. But I added withal, that if he had given a 
commission, I thought it not valid, without the con- 
sent and concurrence of the major part of the propri- 
etors; before he sold the land, he might have disposed 
it at pleasure, and receded from his own rights; but 
having sold the land, the proprietors were to take 
charge, they had their due, according to the deed of 
partition; upon which terms they bought: For mr. 
Byllinge, when he granted the pretended commission 
of division, was possessed only of one single propriety, 
as he confessed unto diverse, havi*ng disposed of sev 
enty, by absolute sale, and mortgaged the other twenty 
nine for eight thousand pounds; and tho' I was not 



1687] GOVERNOR COXE ON DIVIDING LINE. 13 

willing to suspect any thing of mr. By Hinge; yet let 
any consider whether it was fit, that an indigent per- 
son, when he had sold his land, should have it in his 
power to give away the moiety, under pretence of a 
power to adjust the division, for which he might re- 
ceive a great sum of money, if favourably determined 
on the behalf of those with whom we contended. 
And therefore, no division can be accounted just and 
legal, which hath not the consent and concurrence of 
the majority of the proprietors: I declared unto them, 
we had thereupon appointed a general meeting, and 
we should acquaint them with the result of our con- 
sultation, if they complied with our proposal; and 
that it be likewise assented to by the majority of the 
proprietors in West-Jersey, it should become a final 
decision, and be entered in both our records, as upon 
such occasion is usual; on the contrary, if they would 
not hearken to a fair and just proposal, wherein we 
shall recede considerably from our right; we will de- 
clare ourselves free, and maintain the line according 
to the deed, until they can, either by course at com- 
mon law, or by an appeal unto his majesty, make an 
alteration: And the owners of about forty proprieties 
in and about the city, do request all those who are 
present in West- Jersey, to lay claim unto, and account 
as your own just right, all that land from Egg- Har- 
bour, to the north branch of Delaware, according to 
the letter of the agreement in the deed of partition, 
until the proprietors of East- Jersey have totally aban- 
doned all pretensions unto this last, subtilly contrived, 
pretended agreement; for if they have recourse to the 
common law, I am very confident, above two parts of 
three, will become undoubtedly ours. If they appeal 
to the king; we have not only confidence in his com- 
mon justice, and unbiassed respect unto all his sub- 
jects, but a particular hope, that his majesty will re- 
member the time and mannei-, and other circumstances 



14 NEW JERSEY COLONIAL DOCUMENTS. [1687 

of the division; how sir George Carteret assured his 
highness (he being duke of York) that he chose the 
least part, because near unto his government of New- 
York. It is Hkewise well known, and can be attested 
by diverse, that sir George Carteret did value his share, 
tho' by him acknowledged not half so large as the 
other; yet abundantly preferable, upon the account of 
its being well settled with a sober and industrious peo- 
ple, which would invite others to come there. Whereas 
the other was a desart, and so little esteemed for some 
time, that land in East-Jersey sold ordinarily eight, 
and often ten times the value which was given for 
land in West- Jersey: It had the advantage of seven 
fair towns, inhabited by 3500 people; as appears by a 
list I have: They well accommodated with corn and 
flock, able to supply at easy rates, new-comers with 
corn and cattle; which cost the first settlers of West- 
Jersey a third more: Besides the neighbourhood of 
New- York, a place of great trade, where they could 
be readily supplied with whatsoever cloaths, utensils, 
&c. they wanted, 

I flattered myself with hopes, that Mr. Penn, a per- 
son of great ability and interest among the proprietors 
of New Jersey, and who hath often professed a great 
kindness for the inhabitants of West-Jersey, would 
have afforded me some assistance, and moderated at 
the least the violence of the current, upon the pre- 
tended agreement; but he hath frustrated my expecta- 
tion, by complying with them in all things, and signed 
with the rest; which I confess was extremely surpriz- 
ing to me; and will, I doubt not, appear a little strange 
to divers amongst you: I could not imagine any con- 
siderate indifferent person could approve so unreason- 
able and surreptitious an award: But I perceive, that 
which most influenced him, is a persuasion that the 
division ought to be equal in quantity, and is confirmed 
therein by a passage in Mr. Byllinge's commission for 



1687] GOVERNOR COXE ON DIVIDING LINE. 15 

settling bounds; wherein he uses the word equal; and 
is persuaded, being herein influenced by Mr. Keith's 
false map, of which I have sent you a copy, that Mr. 
Reid's proposal is very fair and an exact equal division 
of the country. I do not herein charge Mr. Penn with 
any fault, who I believe acts according to his convic- 
tions; but I only acquaint you herewith, that you may 
understand your own misfortune; for had not Mr. 
Penn embraced our interest, we should probably have 
made a more speedy and advantageous agreement; 
the proprietors being mightily fortified by his counte- 
nance and authority, to adhere to the late award, only 
as a great argument of their moderation and justice : 
They have made an order signed likewise by Mr. 
Penn, that if upon a new survey, it appears this agree- 
ment give them the greater moiety, they will refund 
so much as may reduce it to an exact quantity. It 
was a great defect on your part, to agree upon a di- 
vision either with New- York or East-Jersey, until you 
had a most exact survey of the country ; they of New 
York and East Jersey, have in this respect, exercised 
the highest prudence, knowing the whole country to a 
little, and thereby have both overreached you. I have 
seen their draughts, than which nothing can be more 
exact; but they dare not yet print them, till they have 
adjusted the affair with you, lest their own maps 
should rise up witness against them: And considering 
how curiously and diversely Rariton south, and Pas- 
saick river are branched, I judge their country, quan- 
tity for quantity, double the value of ours: I never 
yet saw any maps of West- Jersey, in the least com- 
parable to these of East- Jersey : I have sent you a pat- 
tern of one part of their country, tho' they have a 
draught of every parcel, and ten times more large and 
particular than this. I do therefore make it my seri- 
ous advice, a,nd earnest request, that you wiU, with 
all speed, cause a very particular map to be made of 



16 NEW JERSEY COLONIAL DOCUMENTS. [1687 

your country; I do not mean of every propriety or 
plantation, but a true account of the length, with a 
note, if any part of the country be extraordinary bar- 
ren; where those barrens are, and of what extent: I 
had almost forgot to tell you a pretty policy of Mr. 
Keith and John Reid, I suppose by direction from 
some of their superiors: The draughts they produce 
for division, are not in the least according to truth, 
nor according to those they sent their proprietors, 
whereof I having been two years of East Jersey, have 
most certain knowledge, and exact copies of their own 
draughts, to compare them ; but in those maps they 
produce for division, they make our countiy towards 
the sea and bay, near double the bigness it really bears, 
and their own almost half as little as really it is; thence 
arguing for the reasonableness of addition unto the 
true line; and indeed that which they pretend an equal 
division, to say nothing of its exceeding ours, generally 
speaking in goodness; it is above a fifth part greater 
in quantity, so that having received upon all hands, so 
unfair dealings, I declare it unto you all, as my opin- 
ion and advice; and if I have any authority among 
you, I intreat and require, that you treat not with 
them any further about any accommodation, nor own 
that pretended to be already made; but stand by the 
letter of the agreement between sir George Carteret 
and Mr. Byllinge, viz. That the line be run directly 
from the east side of Little Egg- Harbour, unto the 
most northerly branch of Delaware river, in forty one 
degrees and forty minutes: And I question not, but 
we shall bring them to more reasonable terms than 
any they have hitherto pi'oposed; at least no pains nor 
cost shall be wanting on my part; and I have the con- 
currence of all our proprietors, Mr. Penn excepted, 
whom I could any ways meet with or consult: And 
whereas I am very credibly informed that the propii- 
etors of East-Jersey, have ordered lands to be taken 



1687] aOVERNOR COXE ON DIVIDING LINE. 17 

up in divers places near the new pretended line of par- 
tition; that having possession, upon a review that may 
have a more spacious claim; if any attempt of this 
nature be made, I do not only protest against it, but 
request and desire that all the inhabitants of West- 
Jersey do the same; and at the same time, the surveyor 
of West-Jersey, or his deputy, do immediately take 
up in my name, all that land which is westerly of the 
Mill-Stone and Rariton river, which was not actually 
in their possession of East- Jersey, at the time of their 
pretended award between Mr. Emley and Reid: You 
will better understand my mind by the inclosed map, 
which is a copy exactly drawn from one of their orig- 
inals; and we favour them very much in going no 
further, (for according to strictness, our line runs 
within three miles of Perth city ) and by allowing them 
that great tract of most excellent land, from thence 
to the meeting of Millstone and Rariton river. I shall 
add one thing more, which seemeth to me of the great- 
est consequence : I beseech you let there be no animos- 
ity or indignation, severe censure, or spightful reflec- 
tions, on those who gave their consent unto the award 
made by Emley: For my part, I am fully satisfied in 
the honesty and fairness of their intentions; but the 
best of men may be overreached by cunning designing 
persons; forget what's past, and Uve together as be- 
comes christians, and neighbours and countrymen. 
As I have taken care that the pubHck shall not suffer 
by their act, so I shall likewise endeavour to secure 
them from any trouble, only they cannot act in con- 
junction with the rest of the proprietors; concerning 
which I shall give them particular instructions; in the 
interim, I remain your most affectionate friend. 




18 N"E\V JERSEY COLOJflAL DOCTTMENTS. [1688 

Part of a letter, tvith out signature, to the Proprietors 
of East Jersey in England, relating to the divid- 
ing line hetiveen East and West Jersey. 

[From draft in New Jersey Hist. Soc. Library— Papers on West Jersey Line, 
Bundle 6, No. 1.] ' 

To William Dockwra & Company: 

Ye hade last inclosed o"" Surveyo'"* journall & returne 
of his running the line from Egg harbour so f arre as to 
Rariton river conforme to the award wee obtained at 
Doctor Greenlands upon the bond of Arbitration 
entered into by the deputy Govern""' of east and west 
Jersey & the Com'ittee of the Councill of each province, 
a Coppy of w*^'' bond & award yee have long ere now 
by Lord Neil Campbel 

Since the line was run by o*" Surveyo"" some of the 
proprietars of west Jersey have purchased land of the 
Indians, within our line, and particularly Thomas 
Budde, and the deputy Governo'" of this province 
having notice y* Thomas Budde hade lately passed 
through to New York, to buy some goods for paying 
the Indians as the price of the said land within o"" line, 
resolved . ? . cause way-lay him upon his returne, wch 
accordingly was done, and by a warrant directed to 
the Sherriff he was taken up at John Inians, he locked 
himself up two or three days & wold not Surrender 
pretending he was in his own province, and Some 
other west Jersey men came under pretence to visit 
him, but as Seemed to rescue him, wch obliged the 
deputy Governo'' to order to the Sheriff a Stronger 
guard (and this putts the Country to trouble and the 
proprietars to expense) After five dayes attendance he 
was brought before the deputy Governo' who told him 
he was informed against as a person, who contrary to 



' The draft from which this was taken is almost illegible from age and peculiar 
chirography. No date is attached to it, but from its contents it is supposed to 
have been written in 1687 or early in 1688. Ed. 



1688] LETTER TO \VM. DOCKAVRA & CO. 19 

o*" lawes and without our Authority, hade taken upon 
him to Conveen our Indians and purchase land within 
o"" province. He likewise told him y* hade their been 
nothing else to restrain him than the Publick engage- 
ments, y* the two governo'^ of both provinces lay 
under, viz, y* no land Should be purchased near the 
line, or which Should seeme to be in controversie till 
all diff erances were ended touching the line, hade been 
enough to deservee .... neither Could he Judge so ill of 
Governo'' Skene, as to beleive he hade the lest hand in 
it, Considering how but so lately he hade writ a chal- 
lenge to Lord neil Campbell (upon misinformation) as 
taking upon him to break the public faith, which Lord 
Neil did very handsomly acquitt himselfe off, and 
made him a . . . . ? • • , y* the thing was entirely false, 
and that the aggreeme^t Should be closely kept upon 
his part, not doubting the like from them. 

The deputy Governo'" furder Said to Thomas Budde 
that if he as a probate person took upon him to dis- 
turb the peace of a Country, he was highly punish- 
able. He made answer y*^ what he did, was by act of 
their assembly. And if they did not bear him out the 
blame be upon them. The deputy Governo'' demanded 
a Sight of their act but he declared he hade it not by 
him, but hade left it at home: this he declared before 
halfe a doson of witnesses. To which our Governo'' 
made answer, if he hade an act of their Assembly for 
what he did, their Governo'" must be a Consenter, and 
if so, he was guilty of a double breach first of the 
publick faith entred into by the two Governo" and* 
last of his bond of five thousand pounds entred into 
at Greenlands, for Consenting to purchase any land, 
within o"" awarded line. 

In fine The deputy Governo'" took a recognisance of 
Thomas Budde, for an thousand pounds to appear at 
o*" next Court of Com'on right to be held in October 
next to answer &c: 



'^O SEW JERSEY COLONIAL DOCUMENTS. [1688 

Also some of West Jersey have forbid the people of 
Piscataway, to pay their quitt rents, upon pretense y^ 
Piscataway is within their province, which doth obleige 
o"" governo' and Counsell to issue out warrants of dis- 
tresse to make them pay them 

Upon the whole Matter yee See their is an absohite 
necessity, y^ this matter toutching the deviding line of 
the two provinces be put to a close seing those of west 
Jersey have begun to purchase land within our line 
and undoubtedly within our province, and on the other 
hand the Governo' and Counsel of the province are 
obleiged to make a legal resistance, and how farre the 
Consequence may amount to in trouble and expense 
yee may easily perceive. 

If the affair be brought to any judicatory in old 
England as seemeth most proper if it cannot be other- 
wise aggreed, it seemeth to be very fair on o'' side, for 
first, why should not the late aggreement hade at 
greenlands obleige them seing they who made y' aggree- 
ment, were the representatives of their province and 
hade power given them by the most considerable part 
of the said province Considering y' their Governo'' 
represented thirtie proprieties of their whole province, 
so y* wee see not how any thing can shake or Invalid- 
ate the Said aggreement or otherwise, it is Impossible 
to make an}^ aggreement with them, for with whom 
can it be be made with all and evry Individual y^ has 
the least Share of a propriety ? that seemeth Impossi- 
ble to gather them together being so scattered in 
remote parts of the world, or if with the greatest part 
it is also very difficult for us to find who are the 
greatest part and besides the lesser part may aUedge 
ye greater has no power to dispose of their property, 
so y' we see not how any ferme aggreement can be 
made with them But Secondly if the said aggree- 
ment doth not obleige them to stand to the fine as was 
aggreed, y» the proprietars of east Jersey have a fair 



1688] LETTER TO WM. DOCKWRA & CO. 21 

plea to desire of the King or any judicatory it is referred 
unto an order y* an equal division be made of the 
whole continent in two equal halfes in quantity & 
quality Seeing an equal devision was intended as we 
judge although these of west Jersey say It was not 
Intended and in order to the said equal division, yee 
are disposed to desire y* seeing east Jersey along the 
whole cost hath been truly & carefully Surveyed by 
the general Surveyors of both provinces, y^ west Jer- 
sey be also surveyed and y* some Impartial and Skyl- 
ful men be ordered to Judge of the equality as to 
quality of land for they of west Jersey alledge they 
have more barren land wch yet we think is very 
doubtfuU. And thirdly some other precise bounds 
needs be appointed for the north end of the two prov- 
inces, than what the deed of Partition mentions for as 
to y^ bound viz 41 deg: & 40 ' our Survey o'' tells us it 
is not to be found on any branch of delaware river as 
the deed mentions, for no branch is in y"' latitude in 
the true and proper Sense of a branch, wch is a stream 
coming out of the river y* makes a true branch, but 
no such can be found in y* latitude, or near to it, only 
the Surveyours found some brooks running into the 
river but where they Joined to the river was farre 
from ye latitude. And Indeed it is very disputable 
& unclear what is delaware river itselfe above the 
falles for two great streams meet farre beyond the 
falles northerly, and which of these is delaware river, 
cannot be easily determined, but rather seemeth Im- 
possible for the name delaware was only given to it as 
it extended from the falles to the sea. fourthly 
seeing the deed of Partition is grounded on a false 
mapjD, and a wrong account of the country, as to its 
Survey, and delaware river itselfe was supposed to 
have a branch in that latitude, and yet hath none, we 
Judge y'' any Judge will Say, the deed of Partition 
rnust b9 wholly laid aside and a new line of devision ' 



23 NEW JERSEY COLOXIAL DOCUMENTS. [1688 

ordered to be run if y* already ruu in great part, doe not 
stand, and if a new line must be run, we are ready to 
think y' by equal devision the new line shall be more 
favourable to east Jersey than this already agreed & 
run in part but nothing can be certainly afl&rmed till 
west Jersey be surveyed as well as east Jersey. 

And whereas these of west Jersey object y* this hne 
lately aggreed unto cutts them short of their latitude 
about foure miles at the north end, by running to del- 
aware river about 41 degr: it is answered, and so doth 
it cutt us off in respect of our bounds with them, if it 
crosse not ye river and if they can procure it of right 
y* they may run out their full latitude, crossing y* 
called delaware river we shall well allow it, and be 
sharers (?) in the other side of the hne; but that is to 
be disputed with William Penn. But secondly, the 
province of west Jersey extending from Cape May is 
Judged bye estimation to be fourteen miles longer than 
east Jersey, and is also wider than east Jersey & there- 
fore is still the greater province. It is furder to be 
Considered y* the deputy Govern' of west Jersey, in 
the late aggreement at Greenlands did not only repre 
sent thouse proprietars of west Jersey in the person 
of Edward Billings who hade thirtie proprieties be- 
longing to him, but hade power given to him by the 
late instrument, to lay aside the deed of partition, and 
with the concurrence of four or five persons of both 
provinces, to aggree upon a new line as they should 
see fitt, well Instrument was signed by Edward Bil- 
lings for west Jersey and by Kobert Barclay for east 
Jersey. Besides y' diverse proprietars of east Jersey 
are also concerned in west Jersey, as having shares in 
it. If it happens y* these of west Jersey represent to 
the King or Counsel or any Judicatory in old England 
the Verdict of two Surveyours to wit Andrew Eobe- 
son for west Jersey and Phihp Wells for new york and 
shall alledge y* by an aggreement made at new york 



1688] LETTER TO \VM. DOCKWRA & CO. 33 

by the three Governors of the three provinces, viz 
new york west & east Jersey, the verdict of any two 
of the Surveyours should be valid, without or against 
the Verdict of the third' To this it is answered 
y' George Keith Survey'' of East Jersey hath given no 
verdict as yet in the case and as for Philip Wals 
[Wells] if he has given any verdict for the bounds of 
west Jersey, and line of partition betwixt west and 
east Jersey It is easie to prove it void for he went not 
with the other two Surveyours to litle egge harbour, 
and has no knowledge of the survey of east Jersey 
from Sandy hook to egg harbour but only by report, 
and therefore is no fitt person to give a verdict in the 
case for he reckoned himself only concerned in the 
line betwixt new york province and east Jersey, and 
as for the aggreement at new york, the latter aggree- 
ment and award at Greenlands makes it void as toutch- 
ing west and east Jersey. But as for the line betwixt 
new york province and east Jersey, the Verdict of any 
two of the Surveyours may hold, and they seeme to 
aggree in it y' the Hne run from 41 degr: on Hudsons 
river north side northwest by the needle: till it come 
to delaware river (w'ch seemeth equal and fair to both 
provinces) and to the latitude of 41 degr, and fourtie 
minutes, and whereas it is reported, y' Philip Walls 
[Wells] hath made a late Mapp of the continent of 
west and east Jersey, and by the line supposed to run 
from litle egg harbour to the mouth of Milstone river 
(wch is ten miles at least more easterly on Rariton, 
than the line lately run by aggreement) the said Mappe 
represents west Jersey as the lesser province, we say, 
that Mapp is very unfair and is grounded upon no true 
knowledge or Survey of the continent of west and 
east Jersey, and we desire y* no credit be given to it 
till a just survey be made of all y* continent of land 

■ See Vol: I, pp. 517, 518, 520. 



24 XEAV JERSEY COLONIAL UOOUMEXTS. ]1688 

lying betwixt litle egg harbour and Cape May and 
Cape May all along delaware river to the falles, to all 
wch PhiUp Walls | Wells J is wholly a Stranger and 
hath no ground but report and conjecture, and it is 
more probable y' west Jersey is larger for quantity of 
land than east Jersey by the line lately run by aggree- 
ment although we will affirme nothing positively with- 
out a true survey of the whoU, And though the Sur- 
vey o"' of west Jersey, being a proprietor pleads hard 
for west Jersey, y' the branch of delaware river may 
be found on a brook y^ runs into delaware, in ye lati- 
tude of 41 deg: 40', y^ is so easterly, y"^ the line wold 
run from litle egg harbour within 4 or 5 miles of Am- 
boy & so make east Jersey scarse worth the name of 
a province yet diverse affirme they heard Andrew Rob- 
eson^ and the other 2 Survey ours aggree in theirr 
opinion, y' no stream or run y'^ did goe into delaware 
river, was to be taken for the branch. 



Minutes of the West Jersey Proprietors, respecting 
running of the line between the two provinces, in 
accordance with the award of Reid mid Emley. 

[From original in New Jersey Historical Society Library. Papers relating to West 
Jersey Line. Bundle 6, No. 4.] 

xVr A couxsELL lie](l at Burlington in y^ house 
of John Cripps y^ 2P* of y« 2<^ month 1B87^ 

The Deputy Gouvernour hauein informed his Coun- 
sell wharfore he called them togather was y' Samvel 
Window Miles Foster & John Cambell requested they 
might have y'' opertvnity to deliver to vs a matter 
they had in Charge from y^ Gouvernor & Counsell of 
East Jersie Concerning runing y^ line of pertision to 
w"" he had ansered y' if it was Conserning runing 

I See Vol: I, p. 531, 2 i68r-8, 



1688] MINUTES OF WEST JERSEY PROPRIETORS. 25 

y* Line he Judged it rather proper to haue a meeting 
of y^ propriators, w*='' if they plased as y* Gouvernors 
Representative he would call togather, though as one 
of y" propriators they behoued to excuse him from 
any further transacting in y* affair unleas they gaue 
him vp his bond w'=" as a propriator he had signed to 
w"^ they ansered they had his bond heare, but their 
busines was not with y'' propriators but with the Gou- 
ernor of Counsill; wharefore those gentlemen being 
admited Samvel window in behalfe of y° rest haueing 
prodused a Commission vnder y'' hands of Gouvernor 
& Counsell of propriators & Sale of y® province of 
East Jersie Impowering them to give notis vnto them 
y* ware Conserned y^ they should send & meet their 
Svrvayor Ginerall at little egg harboor vpon y^ 26 day 
of this month in order to y*' runing y* line of pertision 
according to y^ Award of william Emly & John Reed 
as y^ Said Commission more at large imports w'^" being 
Considered by y*^ Counsill it was Judged by them y* y^ 
Contense of their Commission was most properly to 
trate w*** those propriators conserned in y*" signing y" 
foresaid arbetration & in respect y* all y^ Counsill only 
one expected ware Conserned with those who had pro- 
tested against y* Said arbitration &c they tharefore 
Could not assvme to themselves a power w'=" they had 
not, of giveing away y*" perticuler estates of all y* ware 
purchasers of propriaties or parts thareof through this 
province; after w"" y*" Gouerner did tell y*' Said per- 
sons if they had showed this their Commission before 
he would have ordered those persons who w^" him are 
Conserned in y' Arbetration & had only as propriators 
takeing burden for themselves &. not for y** rest of y*" 
])ropriators to haue given them y*" meeting if they 
pleased to Stay so long hee would forthwith send for 
them or if it might be moi-e exceptable hee would or- 
der all y*" inhabitant propriators to be Svmoned w'" all 

l^ossible dilligence. 

John Cripps Sacretary 



26 NEW JERSEY COLONIAL DOCUMENTS. [1688 

Intended Surrender of the Government of East 

Jersey. 

LFrom P. R. 0., B. T. Proprieties Vol VI G 47. J 

Draiicrht of a Surrender of Governnient intended 
to have been presented to the hite King James 
by the prop^.^ of East Jersey in April 1688.^ 

%ts an ta wham these p'sents shall come James 
Earl of Perth Lord High Chancell' of the Kingdom of 
Scotland, John Earl of Melfort Principall Secretary of 
State for the said Kingdom of Scotland/ Kobert Bar- 
clay Esq!' William Penn Esq' Robert West Esq.' An- 
drew Hamilton Doctr in Physick, Thomas Cox Gent, 
Robert Burnet Esq'" Thomas Hart Merchant, James 
Brain Merchant, Walter Benthall Merchant. Thomas 
Barker Merchant, Augustin Gordon Gent, Clement 
Plumsted Merchant and Thomas Cooper Merchant, 
Propriet'^ of the Province of East New Jersey in 
America send greeting ^ItCVjCillS his Most Excellent 
Ma"® King James the second was heretofore gratiously 
pleased to grant to the Propriet'i^ of the said Province 
their heirs and Assigns the Government of the said 
Province and severall powers Authorities and Jurisdic- 
tions relating thereunto which his said Ma"^!® for severall 
weighty reasons of State is desirous, to resume, and to 
take the said Province into his own more im'ediate 
Protection ^IHOW JJ0 that the Propriet'.^ above men- 
tioned in humble submission to and acquiescence in 
his Ma"?*" Royall wisdom and pleasure ^aVC Surrender- 
ed and yeilded up and by these p'sents doe in behalte 
of themselves and of all other the Propriet'".* of the 
said Province Surrender and yeild up to his said Ma"® 



1 Communicated to the Board of Trade by Mr. Dockwra December 11th, 1701, 
but it is said to have been accepted by the King at the time it was made. See 
" Grants and Concessions," pp. 604-5.— Ed. 



1688] LETTER FROM A. HAMILTON TO W. DOCKWRA. 37 

the Government of the said Province and All the 
Powers Authoritys and Jurisdictions relating thereun- 
to formerly granted by his said Ma"*" to the Proprief^.^ 
of the said Province, And all other their Author- 
ities and powers of Government there whatsoever 
^n UlitDi^lSilSi^ whereof the said proprief' have to these 
p'sents aflflxed the Com'on seal of the said Province 
the Thirtieth Day of Aprill in the Fourth year of the 
Raign of our said Soveraign Lord James the second 
by the grace of God of England Scotland France and 
Ireland King Defend' of the Faith &c Annoq. : Domini 
1688: 



Letter from Andrew Hamilton to William Dockwra, 
about his private interests in the Province.^ 

[Fi'om the original among the manuscripts of W. A. Whitehead.] 

Perth Amboy May 26 1688 
Mr. Will. Dockwra 

I have several of yo""' via New England, New York 
Road Island, Delaware &ca. To answer each in 
lett'-wererec their ordcr so many crouding vpon me sitice 
divers months ^^^^ opportunitii offered froM hence were to 
came away, givc you iufinit troublc. But since They 
writin^'^^were chicfly conccm yo'" Land yo"' stock, servants, 
veryeasie. Secr: RcgT: & Trcas office: Ld Neils assetts 
gibbons &ca: I shall take them in order as they ly, & 
j^ as to yo'' Land. Mr. D. as my kindnes to you & 



' Although this letter relates entirely to the private affairs of the parties, yet, 
tlie references to the condition of the Province at the time, the mode of living, and 
other matters throwing light upon the affairs of the settlers, render it admissable 
into this collection. The lines in italics are those underlined bj' Mr. Dockwra and 
to whic h his notes in the margins refer.— Ed. 



28 NEW JERSEY COLONIAL DOCUMENTS. [1688 

q: my Lands y^r family jg really tender 60 / have wit- 
says it has uessed it 111 the choice of yo"" Land: as in 

heipt to repair fj^„ shedufe annexed, yo'" interest indeed 

me. via, the •' 

severaii Tracts was but Very inconsiderable when I came 
fhat'Thr: here & I think myself very happy in being 
fweiijdeserv'd ane instrument to help repair you, who be- 
Tncehlnds^"^ sides the merit of yo'' good family have 
yo' self so well deserved at the province hands. As 
to yo'' stock of Catle they are as in the shedule. It is 
aiiincreaseof '^^''^ worth your whUe to keep them or run 
Cattle scarce the risk, bssides That it takes vp one boyes 
wtaten^^ *° whole tym to herd them & [their f] increase 
Despose them will scarce buy hay for them in the winter, 

Debts paid in . ,. r^ -i i 

cattie.Enough n ^ver you Come here you have as many 
to stock apian outstanding debts (which will be impossible 

tation. , ° ^ ., 1 J ,-, 

q. why not to recover m any other way but catle) as 
gottin? ^j]2 stock a plantation, & therefor I shall 

be of opinion to dispose of them as occasion offers 
between \this\ and the fall. It is the greatest cut 
throat in the world to medle in any thing toutching a 
plantation if a man is not his own overseer vpon the 
spot. And therefor I myself being tyed by the foot 
to attend at Amboy must forbear to form any design 
Servants eats ypou iTiy plantation till I cau live vpon it, 
manbether. for scrvants cats CI man up if he is not Con- 
stantly over ther heads; And lykewise if any Ground 
gromid clear- ^^ cleared (besides the vast charge of clear- 
ed if not kept ing & f eusiug) if it is not kept in Constant 

so is not worth , • n « . , • i i 

any thinge tillage tor souie years it runs vp m brush 
more than ^ becoiues woi'se tlieii the first clearing & 

if a man wei-e to sell it p'haps not advance 
the rate of it a farthing As to yo'' outstanding debts 
it is impossible to raise them in money, But shall essay 

all means & thein with all 

remit my 

debtsasrecov- e-cpedifion dt (IS they are recouered shall re- 
ered to jone^ ^^^-f fj^^^^^ f^^ j^j^. Junes. But indeed vou will 

q. it can get ^ _ " . 

bills foj re- find great loss & difiicultie to reniitt them 
turns. ^^ England, bat if I can purchase bills vpon 



1688] LETTER FROM A. HAMILTON TO W. DOCKVVRA. 29 

England from any people who setle here, I shall dis- 
pose of yo'' effects to them. As for yo*" servants 
all ther tymes are o\it {except the glazier, 
painter & tiuo hoyes) & happy it is for you it is so. 
The painter being a slovenlie idle boy & constantly 
sicklie & so ... & drinking idly I sold him his 
tym last winter for 9 lib ster. he drawes upon his 
mother & sends a letter of advice, if it is payed its 
wel, if not, yov loose nothing hut a. gainer to he quit 
of him. The glasier is a great Rascall a 
Glazier great lyar & wold steal the teeth out of a 
2 boyes mans head, & therefor will be forced to turn 
him of at any rate if I can get his oivn hond at 10 
or 12 lihfor the year y', he has yet to serve, you are 
wel quit of him (for none will be bound for him) he is 
so well known. Old Smith I keep doeing 
johs vp & down to reimburse what he owes 
you, & the two hoyes are reallie Naughtie boys, great 
lyars and not honest, you have certainly had the worst 
luck to servants of any man, / will he forced to dis- 
pose of them, y^ if you have no profit in the Country 
you may be at as little expense. As for Spyhee it had 
hee)i. hetter you had accepted of the 10 lib. than any 
thing you can make of him here (his mother writs 
that you wold not accept under 15 lib) obliga- 
tion of Killingworth is only sach That if the 10 lib is 
not payed in England .... obhges him- 
fSotwhatte self That Spyhee shall hold acc'\for what he 
got ]ias wrought dureing the tym, to Wm Dock- 

a wise bargain , .' -. , -r , . 

wra or his order. Now last yearwas a very 
sickly year & the fellow for the most part sick so that 
besides That it will amount to litle we must take the 
work vpon his own word being impossible for any to 
tickets trace him out. He offers me tickets of peo- 
about 12 lbs. pel for whom he has wi'ought to the value 

of ahout 12 lih, tho I will that to the highest. 

But then it is in Country pay in which there will be 
p'haps 20 p " loss between [that] & silver pay, so that 



30 NEW JERSEY COLONIAL DOCUMENTS. [1688 

10 Is at home ^ ^^^^ V^u would secure the money at home. 
better As to what Concems Tankins I judge you 
Tankyn jj^^yg mistoke what I wrot, you seem to un- 
derstand it That I aggreed for 40 lib for his tym of 
which he has wrought for 30: but if so my sense was 
That tho he had wrought jobs to the value of 30 hb 
yet declare he was to pay 40 lib, of which he has payed 
a steer in pairt pay: I desiqn to take a 

Tankynslot. i. • r. jp i 4. 4-1, 

mortgage on his house & lot or otnerwyse 
secure the rent, he had the lot granted him befor I 
came to the Country, to encouradge him as atradsman 
to setle in the place, as for Carington: the sickly year 
^ . . „ and R Jones not sending down has hin- 

Key in A. u. »-' 

but of what? deed the acco" to be made up with him 
T^Tto''*'*"' But he can imbezill nothing, I having 
charge A. H. taking the key of the tvare house .in my 
Sri^^on^'^f Custody, as for his house I protest I 
what was ta- know nothing of it, it being reared when I 
iitons* posses- was at York with L^ Neil. I was very se- 
sion. vere vpon them for it. But I do really find 

y* a great pairt was done for services she did to the 
Qu. Why is not people wheu they were sick, & the rest he 
*^V*^that owes. The house cannot run away, & they 
carrington's are in a fair way to hold .... any 
".'.".■"'^^f-^-! thing arise of a ballance; as for Cole if I 
Crushed him at first he had Certainly run away 
but now he is in a way to get money & 

Cole secure as j o J 

far as possi- be sure / ivHl see to secure you, hoiv 
^':delr;:;/«rr is possible as to yo' patients of 
a groat but rua Sec : Rcg'- & Tf. you will certainly loose 
on till au lost. ^^^^ try all, & besides there is not a fitti7ig 
man to be got here for y^ place, & now when we 
Seer & Regr havc SO much to do, so many titles of land 
no fitting man to try w'!' the planters & the best of that 
Dep'ty besides office being already over, I thought it not 
*° worth while blow a coale & not to prevail, 

& therfor we might {at least) let it sleep a little till a 



1688] LETTER FROM A. HAMILTON TO W. DOCKWRA. 31 

more Convenient tyme. ffor that of Treas : a receiver 
Gen. it is not worth yo'' Counting, a man is a beggar 
that undertakes the Collecting of it at 10 ^ ?' at 5 p '^.' 
being oblidged to run through all the Corners of the 
province & forced to take things for the most pairt in 

County pay, which is a great risk in so y* if 

W. H. could keep good his intromissions, I should 

never wish any friend to Court the office; however he 

lykewyse stands vpon his patent, & I 

no land to give -^ -^ ■•■ ••■ ' 

w Haige to doubt WO have no other way, but either 
^^^ to give him a piece of land to be guit of 

him or bring him often to aco", as now we have or- 
dered him to make vp his acco"* As to D^ iV's 
acco^''" I am sorry he should be so mean; 
however I refer you to Mr Carringtons adimadver- 
sions vpon them which will give you a great sight. 
As to Gibbon at last I have secured yo'" money & have 
got it payed in this day being 26 lib . . 2** York 
money But how in the world to remitt as 
I am truie I know not, if the species be sent over you 
will loose i: & ther will this year be at least 5(> pr c' 
loss upon oyl, this is the first of yo'' money 

FirsT^money ^ ''"^'^ ^^'^^^ ^^^^^^ ^ <^"*'^^ ^^ ^^^^ CoWltry 

after near two so HI is it to be raisecl. I have taken all 
^^^^ imaginable pains to Encouradge Mr Stan- 

cliffs designs because his designes seem to be reallie 
honorable, in alloting his propriety as a 
refuge to poor banished protestants & be- 
sides I am sensible it will prove a great good to the 
Country. I have placed him vpon Mylston river as a 
place convenient for such a design, but remember I 
had ane eye by that Neighbourhood to make Mr D* 
land more valuable There is a qushet of 

2000 acres 7 , ^ ^ j- . 

about 2000 acres a rear of your vppermost 
lots, ivhich I design to take vp for you, being good 
land ; so I think by f arr you will be the best land- 
wiUocks&An- stead of any concerned in the province, as 



32 NEW JERSEY COLONIAL DOCUMENTS. [1688 

tiu abouttheir f^ q^q Wtllocks & M' Autil 1 Hiust take 
ilnd at*Rari^ tym to it & Hot be too hasty lest they over- 
teii,thatisnovv j.^^^ Lg Cout has sett vp his powder Myl 
"hat'^Jf ym- at York but Mr Standiff has preingadged 
locks already j^jj-^^ f^j-g^ ^q yje^ his land, & if he does not 

pleas that then he shall view yo""' One ivord of Jo : 
,^„ , Hantons plaufcdwn at Changerora. I wold 

JohnHanton'8 ^ -i t xi ^ j. i 

Plantation fain havo you to have it. In the nrst place 
^ ^ because it is a good plantation to setle on, 
& will always be Saleable 2'^ I think I can sett you 
vpon a way to purchase it viz: (f not released the ben- 
survivorshi ^/'^ ^f siirvivorsMp, which I keep as a se- 
N B cret, unwilling to start. Then if you 
purchase E. B i & the other | of Melfort, Perth, 
Tarbets (now L*^ Neils) & K Burnets. The | & i of 
Aren Sonmans & the i between G L & Gordons of 
Cluny will fall into you: so you are master of the 
whole. But in caise you have released the survivor- 
sliip, yet I have thus transacted w'' Peter 
onman ^(^^^^^j^^^^^g That you procuroiug to him f & i 
in the plantations at Amboy in Exchange he will trans- 
fer to you f & i of the plantations at Changeroras. 
Now the whole plantation at Amboy is not worth 30(> 
■m lib Amboy ^^^^ ^ y* ^^ Changeroras wel ivorth 600 lib: 
600 Change: It is my opiniou if you can do it Conveni- 
ently to purchase the rest out & then you have none 
to deal with but yV of G L, & for that yV I question 
not if you transfer to him in exchange j\ in the farm 
at Amboy he will procure G L yV in the farm at 
Changeroras. Which farm with yo"" 1000 acres is 
richly worth 800 lib It is now tyme I were thanking 
mine & my "'^^ Dockwra for her present, and you for 
wifes present yo''.^ Pray pleas to procure M"".* Gibsons re- 
ceit to G. L. y', I may get vp mine I was a great losser 

in drawing ; since mine is so iU to be remitted 

from hence, she owes me I think 1 "^ 6s. for Commis- 
sion, but it is not worth speaking of. As to what G. 



1688] LETTER FROM A. HAMILTON TO W. DOCKWRA. 33 

Keith wrot you concernino;, .... be good and 

a it; it looks like a piece of 

indigo I judge nothing but a sort of a 



it short it can be good for nothing being lighter then 
the bulk of so much old clay. It is now tym I were 
taking leave & therf or w^ my humble servise to Ma™ 
Dockwi-a, M'^ Mary & the rest of the family till anoth- 
er opportunity 1 subscribe myself 

The weelwisher of yo' family 
And: Hamilton 

[The foregoing letter is endorsed in Dockwra's hand- 
writing 

" Cap, Hamilton 

" date May 26^ 88 

" rec'> July 24** 
" Copious letter" — 

and among other mem* the following, written it is 
presumed at least twenty years afterward, when the 
letter was sent to his then agent — ] 

" vide 

How about our Interest in the land taken up in the 
fund of £950 calFd the Scotch Prop'"*" stock 

What is said about the Lands at Changarora 

In John Hantons possession and the Lands at Am- 
boy 

In John Reids possession — both being servants to vs 
the particular Proprietors of that land belonging to 
our Stock. And all the 950 "' is sunk & gone upon the 
Expectation of improveing two profitable Plantations 

but we have lost all our Capitall & about 25 years 
Interest which is above two thousand Pounds. And 
haveing nothing left for so much money but the bare 
land. 



d-L NEW JERSEY COLONIAL DOCUMENTS. [1688 

What Impudent wickedness is it then for any body 
to attempt the Eavishing it from the true Owners 
thereof ! 

The above remarks concern your interest ag* Wil- 
lokes invading y* Land at Amboy that we setled by 
Reid and our Stock servants all sunk thereon 

The many other Notes in the margin pray peruse, 
on my behalf, some of them are yet serviceable to my 
case, others are worth notice for information & ob- 
servation, one note I beg ...(?)... as to my self. 
He says I was in 1688, the best Land-stead of any con- 
cern'd in the Province if that ...(?)•••• Hamiltons 
Encomium of my Lands so valuable in 1688 — most 
upon Rariton — was worth double in 1701 — some Treble 
— aye some 4 fold more than common land without in 
scituation or goodness and so ffar first accot of Sales 
Runs most upon that, ffor God sake examine it. 



Agreement Between the Governors of East and West 
Jersey as to the Partition Line. 

[From certified copy of AVest Jersey Records, Book H 3 of Deeds, page 434 in 
Boundary Papers of W. A. Whitehead.] '■ 

Agreement of (xoxernors Cox and Barclay relative 
to runnino- the Partition Line. 

London, Sep* 5*.'' 1688 

IT is agred this day Between D"" Daniell Cox Govern' 
of the province of West Jersey on behalf of himself 
and all the Rest of the Proprietors of that Province 
on the One part and Robert Barclay Governour of the 
Province of E: Jersey on Behalf of himself and all 
the Rest of the Proprietors of that Province on the 



1 A copy certified by Wm. Dockwra is also in the New Jersey Historical Soci- 
ety Library, Papers of F. J. Paris, Book 4.— Ed. 



1688] AGREEMENT RELATING TO PARTITION LINE. 35 

other Part as foUoweth Vig* For the final determina- 
tion of all differences Concerning the deed of Partition 
and all Other disputes and Controversies about divid- 
ing the lands and Setling the Bounds Between East 
and Weet Jersey Jif$t the line of Partition run 
Streight from little Egg Harbour to to the most west- 
erly Corner of John Dobies Plantation as it stands on 
the South Branch of Rariton River shall be the Bounds 
so far Between between East and west Jersey and 
shall not be altered But remain as it stands in a printed 
draught of the Proprietors lands Surveyed in E. Jer- 
sey and drawn by John Reid and since Printed here 
c^iff ondhi from thence to Run along the Back of the 
adjoyning Plantations until it Come to James Dundasse 
his Plantation and from thence as the most North- 
westerly part thereof a line to lye even with the line 
on the Back of these Plantations and so to Run North 
Eastward till it touch the North branch of Rariton 
river as it is Struck upon the mapp already but saving 
the Plantations already laid out to be within the line 
if they happen to Stand a little more westerly then 
that line is marked IJltinUy from the North end of 
the line where it Touches Rariton North Branch thence 
forward the largest Stream or Current of water be- 
longing to the said North Branch shall be the Bound 
or Partition and so Continuing along the Same unto 
the North end thereof for the Bounds Soe far. 
^(TUrthly from the said North End of the Branch a 
Short Streight line to run to touch the Nearest part of 
Pisaick River and so following the Course of that 
River Continuing into Pequanick River so long as it 
Runs Northerly or Northwesterly those Rivers Still to 
be the Bounds Between both Provinces and if Pequan- 
ick River doe not run far enough to the latitude of 41 
degrees then from the said River a Streight line to be 
Run Northward to the latitude and that to be the ut- 
most north Partition Point and from the said Point in 



36 NEW JERSEY COLONIAL DOCUMENTS. [1688 

a Streight line due East to the Partition Point on Hud- 
sons River Between East Jersey & New York Pro- 
vided always that all Plantations and Tracts of land 
laid Out and Surveyed Before this Agreement Arrive 
in East Jersey Shall Remaine to the Parties Concerned 
and the Partition Shall so Runn as to Include them 
within E Jersey Bounds |^a$tllj D' Cox doth Covenant 
and promise to make Good the agreements above writ- 
ten and Warrant the Title and quiet Possession of all 
the lands so to be appropriated to the Proprietors of E 
Jersey According to the limits and Bounds above men- 
tioned against all Persons that shall or may Pretend 
or Claime any Interest to any of the said Lands as 
W. Jersey Proprietors. And Robert Barclay doth Cov- 
enant and Promise to make good the Agreement above 
Written and Warrant the Title and quiet Possession 
of lands so to be appropriated to the Proprietors of 
W. Jersey According to the limits and Bounds above 
mentioned against all Persons that shall or may Pre- 
tend or Clayme any Interest to any of the said lands 
as E. Jersey Proprietors for Performance of all and 
every the Respective Articles and Covenants hereunto 
Mentioned they doe MutuUy Bind themselves each to 
the Other in the Sume of £5000 to be Well and truly 
paid on the Breach of any the Clauses and Covenants 
herein Before mentioned, gtt WlUXC^^ whereof they 
have interchangeably Sett their hands and Seals the 
day and year first above Written. 

Sealed and deliver- // /? * — ^-* 

ed in the presence of y^ n nrrt^A J K. s ' 

David Howling (JiHU^^^M/^ \^_ J 
Stephen Lucock // ^^ 



1688] GOVERNOR ANDROS' ARRIVAL. 37 

Governor Andros to the Lords of Trade. 

[From N. Y Col. Docts: Vol. m. p. 554.] 

New Yorke 4th October 1688. 

May it please Your Lo'pps: [Extract.] 

I arrived here the eleventh of August past, when 
His Majesties Letters Pattents being published, re- 
ceived this place, as also East New Jersey the fifteenth, 
and West New Jersey the eighteenth following, where 
by proclamac'on continued the revenue and all officers 
in place, till further order; and have since settled all 
officers Civill and MiUtary. By expresse from Boston 
the three and twentyeth of the same month, had the 
happy newes of the berth of the Prince of Wales, and, 
tho late in the day, was solemnized with alldemonstra 
tions of joy and gladnesse for soe greate a blessing, 
and the next day in Councill a publique thanksgiveing 
was ordered to be kept on the second of September att 
New Yorke & places adjacent, and fourteene days af- 
ter throughout the whole dominion 

Your Lo'pps, 

Most obedient & humble Serv* 

The Lords of the Comit ^ ^"'^ 
tee for Trade &c 




Account of the Several Rates or Assessments laid 
upon the Proprietors of East Jersey. 

[From a copy among the manuscripts of W. A. Whitehead.] 

f— ^ -*. A PARTICULAR of Every rate Layed upon 
\ igml Each of the Twentie Four Proprietors of E. 

I' , ■* New Jersey by the Comitte & Councill of Pro- 
prietors in London for Defraying the Varitie of Publick 
Charges in relac'on to the affaires of y® said Provience 



;J8 



KEW JERSEY COLONIAL DOCUMENTS. 



[1690 



and in Desfence of y" Government & p'serving y*^ rights 
& Priveledges thereof. 

Annos 168:3 Ordered that Tenn Pounds 
July 29th upon Every Propriety be payed 
unto the Pubhck stock for making up 
what ffalles shorte in Cash to pay ffour [ 
hundredpoundes to Gawen Lawrie towards j 
his Dispatch as Governor I 



£10. 00. 00 



January 8th. 



Ordered that f!ive pounds up- 
on Every Proprietie be paid into 
stock for paying Surveyers and Solicitors 
(fee": & Enrolling the Duke of Yorkes 
Grant searching for Deedes & papers about 
ye Earle of Bath & Other the Trusties and 
Governor Carterets papers acc^*: &c*: & at- 
tending King & Councill board to preserve 
our Govern* & Obtaining K. Charles his 
Proclamation 



1684 
July 29th. 



Ordered that ffive pounds up- ] 
on Every p'priety be payed into 
Stock for Enabling the Committee to pay 
Gawen Lawries two Billes of Seventie 
poundes Drawen upon y'' p'prs here in 
Lond" & p'senting Geo. Keith on his 
Voaige & Defraying other Charges. . . 



October Slst. 



Ordered that Tenn pounds^ 
upon Every p'priety be payed, 
into Stock for Enabhng the Com'ittee to 
pay two billes of One hundred & thirty 
pounds & two billes of Eighty ffour 
poundes two shillings Drawen by Gawen 
Lawrie upon the p'prs here in Lond° for 
ffurther Cost of Building the Governors 
house at Amboy &c* 



05. 00. 00 



0.5. 00. 00 



10. 00. 00 



1690] ASSESSMENT ON EAST JERSEY PROPRIETORS. 



39 



1683 
June 16th. 



Ordered that Tenii pounds 
upon Every Propriety be payed 
into Stock for Defraying the Great Charges 
for Negotiating Our publique affaires of 
the Province at Court among Offercers 
and Ministers Lawyers &c* : Rob^ Bar- 
clay atending here many months and much 
Expense in Variety of business requireing it , 



February 2d. 



Ordered that ffive pounds up- 
on Every Propriety be paid into 
Stock there being money Due to Seaverall 
& no Cash to pay them nor ffund for the 
Defraying the nessary pubhck Charges. 

1387 Ordered that Tenn poundes^ 

Novem'br 1st upou Every Propriety be payed 
into Stock their haveing been G-reat 
Charges among Lav^yers Surveyors (Sec." 
About the Dispute Difference and Settle- 
ment at Last of the Line of Partic'on 
'twixt the two Pro: the two provinces & 
being in Debt for Sundrie billes & acco^f for 
money payed to Defray Varietie of Charges 
on the publique affairs of the p'vince. 



1(1. 00. 00 



05. Oo. 00 



10. 00.00 



£55. 00. 00 



I William Dockwra Secretary and Rigister of y^ 
Province above said having Exam": y* Court books of 
y** Com'itte or Councill of Propr's Do find that the 
Seaverall Rates & Sumes above menc'oned are Layed 
upon Every p'pr according to his respective Share & 
p'porconall Interest in y^ sd p'vince & stand entered in 
y® sd books on the p'ticular Dayes noted in y^ margine 
hereof and signed by y^ members p'sent at Every Com'- 
ittee or Councill and I further Declare that I have 
Exam'} y*^ ace*;' & find that all the p'pers residing in & 
about Lond° (and myself among y^ rest) have payed 



40 NEW JERSEY COLONIAL DOCITMENTS. [1690 

the Sd sume of ffif tie ffive poundes apeice in to Cash & 
to prorate for a half p'prty more or less (Excepting 
W'" Penn Esq': who has payed only ff orty ffive pounds 
and is only Ten pounds in arrear) and Lastly it appears 
that the p'prs are severall y"' Out of Pocket here in 
Lond° and Growing Incident Charges On the Publique 
acco^ are unavoidable (in less y® concernes of the Pro- 
vince be abandoned & suffered to sink) to Defray w*^!" 
an Order was made & Entered in the sd books the 19*" 
of June 1688 altho not yet payed regularly (as allso 
the fformer have been) by the p'prs here most of them 
being weary of bearing the burthen so many Y eares 
while most beyond sea are in such arrears but the Last 
menc'oned Tenn poundes the p'prs see a nesessity to 
be payed in by all those here to reimburse them that 
have Layed out their money This is the True State of 
this Case. 

Certified at Lond*? under the seal of the p'vince y^ 
23^^ of S": 1690, Annoq. Reg: Wm & Mary 2". 

& Sic Subscribetur Will™ Dockwra 
Sect & Register 

This is a true Coppie of what was sent to E: Jersey 
by Coll Hamilton Apr: 11*": 1692 being the True Coppie 
of that Dated 23^ of S^'': 1690. 

So that what Those in and about Lond"" have all- 
readye payed upon Each p'prietie is £55 : 00. and the 
Tenn pounds Entered in June '88 be not Yet paid in 
because they stayed in Expectation that those in Ar- 
rears would have setled but have not & those here 

have some of them Layed out their money so 

that shortly this tenn pound must be p'd in & then 
Every p'p'r is £65 : 

This is a true Coppie taken this 9*" 
Day of March Anno Dom 1697 
G: W:' 

■ Initials of George Willocks. Appended to the Document is an affidavit of 
Cortlandt Skinner, dated October 12th, 1767, that he believes the copy to have been 
made by Willocks, and that it came into his, Skinner's, possession through his father, 
the Rev'd. Wm. Skinner, who was executor of Willocks' estate.— Ed. 



1690] ASSESSMENT 'on EAST JEESEY PROPEIETORS. 41 



Release of West Jersey, from Daniel Coxe ' and Wife, 
to the West Jersey Society. 

[West Jersey Records, Secretary of State's OCace, Trenton. Liber B, page 291.] 

Release from Daniel Coxe Esq'" <fe Rebecca his Wife 
to Jonathan Greenwood <fe Peter Guyon to the 
Severall uses of S'" Thomas Lane Michll Watts 
and the rest of the Society. 

WiX\% %\XM\\\m made the fourth day of March Anno 
D'm'* 1691 And in the ff ourth yeare of the Reign? of our 
Sou'aign^ Lord & Lady William & Mary by the Grace 
of God King & Queen® of England Scotland ff ranee & 
Ireland defender^ of the ffaith y^ Betweene Daniel 
Coxe Esq'' Governo"" & Chiefe Proprietor of new west 
Jersy & other adjacent Lands & Territoryes thereunto 
belonging in America and Rebecca his wife of the first 
part Jonathan Greenwood & Peter Guyon of London 
Citizens of the Second part And S'- Thomas Lane of 
London Knight Michael Watts of London M''chant 
Edmond Harrison of London Merch* Thomas Skinner 
of Derolisk in the County of Dorsett Esq'' James St 
Johns of London Goldsmith Nicholas Hayward of 
London Gen' Mordecai Abbott of London Gen"^ Nicho- 
las Battersley of London Merchant Robert Curtis of 
London Gen' John Jurin of London M'chant Richard 



1 Daniel Coxb, M. D., of London, held a prominent place at Court, being phy- 
sician to the Queen of Charles II. and also to Queen Anne. His first interest in 
West Jersey seems to have been acquired in February 1686, by the purchase of five 
whole shares of the province, fiom Benjamin Bartlett the soa-in-law of Edward 
Byllynge, and subsequently, by various conveyances obtained the conti-ol of the 
whole, and— Byllinge havLag died— assumed the government In 1687. He seems to 
have continued at its head, until the appointment of Andrew Hamilton in 1692, 
having appointed fii'st Edward Hunloke, and then John Tatham as his deputies, 
but the latter the assembly of tha province rejected, Hunloke continuing in office 
—Clements Notes and Memoranda. Mulford's New Jersey, p. 860.— Ed. 



4^ NEW JERSEY COLOKIAL DOCUMENTS. [1690 

Bromhall of London Gen* Robert Michel of London 
M'"chant Charles Michel of London M^'chant James 
Boddington Cittizen & Clothworker of London John 
Gunston of London M''chant Arthur Shallet of Lon- 
don M''chant John Lamb of London M^^chant William 
Wightman of London Gen*^ Joseph Brooksbank Citizen 
&; Haberdasher of London Wilham Thompson of Lon- 
don M' chant John Love of London M^^chant Thomas 
Phipps of London — Linnendrap Isaac Cocks of Lon 
don M''chant Taylor John Sweetable of Lombard Street 
Goldsmith Thomas Bromfield of London Gen' John 
Norton of London M''chant Robert Hackshaw of Lon- 
don M''chant John Bridges of London M''chant Joseph 
Paice of London M''chant Edward Richier of London 
Mercer William Dunch of Lincolns Inn in the County 
of Midde Esq" Edward Habbersfeild of the Middle 
Temple London Gen*^ John Alberson of London 
M'chant Edward West of London Gen'' Edward 
Pauncfort of London Gent Obadiah Burnett of Lon- 
don M'chant ffrancis Michel of London Cittizen & 
Mercer Benjamin Steele of London M'chant John 
Slaney of London M''chant Nehemiah Erwing of Lon- 
don Gent John Wilcocks of London M'chant Taylor 
Richard Mayo of London Gent Jonathan Netheway 
Cittizen & Drap of London Wilham Brookes of Lon- 
don Gent Tracy Pauncfort of London Gent Joseph 
AUen of London Silkman & Richard Greenaway Cit- 
tizen & Cloothworker of London of the Third part 
Whreas the said Daniel Coxe or some other Person 
or Persons in Trust for him now are & stand seized in 
their or some or one of their Demean as of ffee simple 
of & in Diverse Large Tracts of Land & Territoryes 
in America together with diverse beneficiall rights 
priviledges Immunities & Appurtenances relating to 
or used with the same situate & being in the severall 
Counties & Provinces of West New Jersey East New 
Jersey Pensilvania merrimac & elsewhere in America 



1690] RELEASE OF WEST JERSEY BY DANIEL COXE. 43 

aforesaid The ffee simple of all estate & inhabitants 
of all which said Lands Territoryes and premises and 
all other the Lands Tenem*^ & Hereditam*** whatsoever 
of him the said Daniel Coxe in America hereby granted 
& released or intended to be hereby granted & released 
Except as is herein after Excepted the said S"" Thomas 
Lane Michael Watts Edmond Harrison Thomas Skin- 
ner James St Johns Nicholas Hayward Mordecai Ab- 
bott Nicholas Batterley Robert Curtis John Jurin Rich- 
ard Bromhall Robert Michell Charles Michel James 
Boddington John Gunston Arthur Shallett John Lamb 
William Wightman Joseph Brooksbank William 
Thompson Henry Harrington John Love Thomas 
Phipps Isaac Cocks John Sweetable Thomas Bromfield 
John Norton Robert Hackshaw John Bridges Joseph 
Paice Edward Richier William Dunch Edward, Hab- 
bersfield John Alberson Edward West Edward Paunce- 
fort Obadiah Burnett ffrancis Michel Benjamin Steele 
John Slaney Nehemiah Erwing John Wilcocks Rich- 
ard Mayo Jonathan Netheway William Brooks Tracey 
Pauncefort Joseph Allen & Richard Greenaway Have 
fo]' the Consideration of Nine Thousand Eight Hun- 
dred pounds herein afore mentioned agreed to purchase 
to them and their Heires in such proportion manner & 
forme as are herein after expressed Noiv this In- 
denture Witnesseth that for & in Consid^ation of 
Tenn Shillings of lawfuU money of England by the 
said Jonathan Greenwood & Peter Guy on to him the 
said Daniel Coxe in hand paid at or before the enseal- 
ing & delivery of these pres'nts the receipt whereof 
the said Daniel Coxe doth hereby acknowledge And 
in Consideration of the sume of ff our Thousand Eight 
Hundred pounds of like money to him ' to him the 
said Daniel Coxe paid by the said S'" Thomas Lane 
Michel Watts Edmond Harrison Thomas Skinner 

1 So in original. 



44 NEW JERSEY COLONIAL DOCUMENTS. [1690 

James St Johns Nicholas Hayward Mordecai Abbott 
Nicholas Battersley Robert Curtis John Jurin Richard 
Bromhall Robert Michel Charles Michel James Bod- 
dington John Gunston Arthur Shallet John Lamb, 
William Wightman Joseph Brooksbank Wilham 
Thompson Henry Harring-ton John Love Thomas 
Phipps Isaac Cocks John Sweetable Thomas Bromf eild 
John Norton Robert Hackshawe John Bridges Joseph 
Paice Edward Richier William Dunch Edward Hab- 
bersf eild John Alberson Edward West Edward Paunce- 
fort Obadiah Burnett Ff rancis Michel Benjamin Steele 
John Slaney Nehemiah Erwing John Wilcocks Richard 
Mayo Johnathan Netheway William Brooks Tracy 
Pauncefort Joseph Allen & Richard Greenaway at & 
before the ensealing & delivry of these p'sents the 
receipt whereof the said Daniel Coxe doth hereby 
acknowledge & thereof & of every part thereof doth 
acquit release & discharge the said S"" Thomas Lane 
Michael Watts Edmond Harrison Thomas Skinner 
James St Johns Nicholas HaywardMordecai Abbott 
Nicholas Battersley Robert Curtis John Juriu Richard 
Bromhall Robert Michel Charles Michel James Bod- 
dington John Gunston Arthur Shallet John Lamb 
William Wightman James Brooksbank William 
Thompson Henry Harrington John Love Thomas 
Phipps Isaac Cocks John Sweetable Thomas Bromfield 
John Morton Robert Hackshaw John Bridges Joseph 
Paice Edward Richier William Dunch Edward Hab- 
bersfield John Alberson EdwardWest Edward Paunce- 
fort Obadiah Burnett ff rancisMichel Benjamin Steele 
John Slaney Nehemiah Erwing John Wilcocks Rich- 
ard Mayo Jonathan Netheway William Brooks Tracey 
Pauncefort Joseph Allen & Richard Greenaway their 
Heires & assigns forever by these p'"sents. 

And in Consideration of the further su'me of ffive 
Thousand pounds of like money secured or intended 
to be secured unto the said Daniel Coxe by & out 



1690] RELEASE OF WEST JERSEY BY DANIEL COXE. 45 

of the one third part of the Lands Tenem*^ & Here- 
ditaments herein after mentioned to be hereby granted 
& Released & in such manner pt & proportion as 
shall be expressed in & by a Deed of grant intended 
to be hereafter made & Executed to him the said 
Daniel Coxe & in noe other manner whatsoever which 
said su'mes of four thousand Eight hundred pounds 
& ff our thousand pounds amount to the su'me of nine 
Thousand & Eight hundred pounds. They the said 
Daniel Coxe and Rebecca his wife Haue granted bar- 
gained sold released & Confirmed And by these p'^sents 
doe grant bargain sell Release & Confirme unto the 
said Jonathan Greenwood & Peter Guyon in their 
Actuall possession now being of all and singular the 
Lands Tenem** & Hereditam*^ hereinafter menc'oned 
by force & vertue of a Bargain & Sale to them thereof 
made by the said Daniel Coxe for the terme of one 
yeare Commencing from the ffeast of the Birth of 
our Lord Christ now last past by Indenture bearing 
date the day next before the date hereof & made or 
intended to be made betweene ye said Daniel Coxe of 
the one part and the said Johnathan Greenwood & 
Peter Guyon of the other part & by force & vertue of 
the statute for transferring uses into possession & 
their Heires & Assigns All those five full equall Hun- 
dredth parts or proprieties of & in all that Tract of 
Land in America aforesaid now called West New Jersey 
(the said whole tract of land being into one hundred 
equall parts to be devided and each of the said Hun- 
dredth part conteyning by estimation Thirty thousand 
Acres more or less) called or known by the name of 
Bartletts ffiue proprieties & heretofore purchased by 
the said Daniel Coxe of Benjamin Bartlett late of 
London M'^chant now deceased & Gratia his wife or 
one of them in and by certaine Indentures of Lease & 
Release dated on or about the seaventeenth and 
eighteenth days of ffebruary in the third yeare of the 



46 NEW JERSEY COLONIAL DOCUMENTS. [1690 

reigne of the late King James tlie Second And all 
those ffour other Proprieties or like Hundredth parts 
of West New Jersey aforesaid possest of Tenn full 
proprieties heretofore purchased by John Hind of 
London Draper which said ffour proprieties together 
with one other full share or propriety now by certaine 
Indentures of Lease & Release dated on or about the 
twelveth & thirteenth days of July in the third yeare 
of the reigne of the said King James the Second here- 
tofore granted by John Browne & Thomas Sands of 
London aforesaid M'chants to the said Daniel Coxe 
& the said S'" Thomas Lane by the name of Thomas 
Lane & their Heires which said S' Thomas Lane hath 
since released & conveyed his estate & Interest in the 
said ffour shaies or proprieties unto the said Daniel 
Coxe his Heires & assignes which said ffour shares 
or proprieties are com'oniy called or known by the 
name of Browne & Sands proprieties And also all that 
one other full propriety or hke hundredth part of 
West New Jersey aforesaid heretofore purchased by 
the said Daniel Coxe of Edward Bylling late of West- 
minster Gent since deceased by Indentures of Lease & 
Release dated on or about the Eighth and nynth days 
of Januarry in the first yeare of the reigne of the said 
King James A7id all those two fuU seaventh parts 
of one like propriety or hundredth part of West New 
Jersey afores'^ (the same into seaven equall parts to be 
divided) heretofore purchased in & by certaine Inden- 
tures of Lease & Release dated on or about the fourth 
or fifth days of March in the first yeare of the Reigne 
of their p'sent ma"^' by the said Daniel Coxe of Eliza- 
beth Harris widow And all that one other like full 
proprietie or hundredth part of West New Jersey 
aforesaid which the said Daniel Coxe purchased in & 
by certaine Indentures of Lease & Release dated on or 
about the five & twentieth & six & twentieth of 
January in the third yeare of the reigne of the said 



1690] EELEASE OF WEST JERSEY BY DAliTIEL COXE. 47 

King James of Charles Madge then Sonne & Heire 
Humphrey Madge deceased Ayid all that other full 
moyetie or half part of one other full propriety or 
hundredth part of West New Sersey afores"* which 
the said Daniel Coxe in & by Two Severall deeds dated 
on or about the fourteenth & thirtieth days of May in 
the second yeare of the reigne of their p'sent Majesties 
purchased of the said Charles Madge sonne & Heire 
of Humphrey Madge deceased And all that full third 
part of one like full Propriety or hundredth part of 
West New Jersey afores*^ which the s'^ Daniel Coxe 
in & by severall Indentures of Lease & Release 
dated on or about the thirteenth & fourteenth days 
of May in the second yeare of the reigne of their 
present majesties did purchase of John Hyde & 
knowne by the name of Ogles third part of one Pro- 
priety And all that full Propriety or hundredth part 
of West New Jersey aforesaid which afterward the 
said Edward Bylhng by certain Indentures of Lease & 
Release dated on or about the seventh and Eighth 
days of October Anno Dm'e one Thousand six hundred 
Eighty Six granted to Robert Squibb & his Heires 
which said Robert Squibb by writing Endorsed on the 
last mentioned Indenture of Lease & Release or one 
of them did Transferre & Convey to the said Daniel 
Coxe & his Heires And all that one other full pro- 
priety or hundredth part of West New Jersey afores'^ 
which the said Edward Bylling in & by certaine 
Indentures of Lease & Release dated in or about the 
nyne & twentieth day of ffebruary & the first day of 
March in the six & thirtieth yeare of the Reigne of 
the late King Charles the second did for the consid'a- 
c'on therein exprest grant & Convey by way of mort- 
gage to the said Daniel Coxe ife his heires The Equity 
of Redempcon whereof is since lawfully come into & 
vested in the said Daniel Coxe & his Heires And 
all those two other full proprieties or Hundredth parts 



48 NEW JERSEY COLONIAL DOCUMENTS. [1690 

of West New Jersey aforesaid com'only known by 
ye name of Wests two proprieties & which in and by 
certain Indentures of Lease & Release dated on or 
about the five & twentieth & six & twentieth days of 
ffebruary in the third year of the reigne of the said 
King James were granted to The said Daniel Coxe & 
his heires by Benjamin Bartlett & Gratia his wife 
Loveday Bylling & Robert West or some or one of 
them And all those two other proprieties or hundredth 
parts of West New Jersey afores"^ which the said 
Daniel Coxe in & by certaine Indentures of Lease and 
Release dated on or about the Eleventh & twevlth 
days of January last past purchased of Thomas Sadloe 
& Jane his wife are known by the name of Sadloes 
two proprieties And all that one other Propriety or 
Hundredth part of West New Jersey aforesaid com- 
'only known by the name of Robert Sooleys one 
Propriety A7id all those full six seventh parts of one 
Propriety or hundredth part of West New Jersey afore- 
said (the same in seaven equall parts to be devided) 
lately purchased by the said Daniel Coxe of John 
Bramen Esqr by Indenture of Grant bargain & sale 
dated on or about the three & twentieth day of ffeb- 
ruary now last past And aU that entyre Tract of Land 
lyeing & being Contiguous to the said Tract of Land 
called West New Jersey in America & now called & 
knowne by the name of the Minisincke Province Con- 
taining by estimacon Two hundred Thousand acres 
more or less in America aforesaid lately annext to the 
Province of West New Jersey afores'^ And all those 
two full equall undivided Proprieties or four & twen- 
tieth parts of the province of East New Jersey in 
America (the said whole province into Twenty four 
equall parts to be devided) out of which said last men- 
toned Two proprieties in & by certaine Indentures of 
Lease & Release dated on or about the nyneteenth & 
twentieth days of March in the second yeare of the 



1690] RELEASE OF WEST JERSEY BY DANIEL COXE, 49 

reigne of the said King James was granted or intended 
to be granted by the said Edward BylUng to the said 
Daniel Coxe & his Heires & known by ye name of 
Wests propriety in East New Jersey aforesaid The 
other of the same two Proprieties or four & twentieth 
parts of East New Jersey afores^ was purchased by 
the said Daniel Coxe of ye said Robert West & Thomas 
Coxe in & by certain Indentures of Lease & Release 
dated on or about the Third & fourth days of Decem- 
ber in ye first yeare of the reigne of their p'sent 
majesties & is known by the name of Mews propriety 
each of the said two last menconed proprieties or four 
& twentieth parts of East New Jersey aforesaid Con- 
tains by Estimacon ffity Thousand Acres more or lesse 
And all those three proprieties or twentieth parts & 
equall shares of the Province or County of Merrimac 
in New England in America aforesaid Each Propriety 
or twentieth share thereof Conteyning by estimacon 
ffity thousand Acres more or less Two of which said 
Proprieties were lately purchased by the said Edward 
Randolph & Edmond Harrison And all those Tenn 
thousand acres of Land lying & being in the Country 
of Pennsilvania in America aforesaid heretofore pur- 
chased by the said Daniel Coxe of William Penn Esq'" 
in & by one Deed of ffeoffm* duly executed A: dated 
on or about the twentieth day of Aprill one Thousand 
Six hundred Eighty six And all those two Messuages 
or Tenem" situate & being in Burlington in West New 
Jersey afores'' the one of which said two Messuages is 
a dwelling house & the other a pottery house newly 
erected by the said Daniel Coxe & used for the making 
of Earthen ware Togather with the utensills A: stock 
therein conteyned requisite & Convenient for the use 
aforesaid And all his the said Daniel Coxe Towne 
Lotts in Perth Amboy in East New Jersey aforesaid 
And all his the said Daniel Coxe parcells & Tracts 
of Landknowne by the name of the Towne Lotts situ- 

5 



50 NEW JERSEY COLONIAL DOCUMENTS. [1600 

ate cV: being in or neare Gloucester Towne *Sz Egge 
Harbo"" in West New Jersey aforesaid & all other the 
Lands Tenem'^ & Hereditm'' in America whatsoever 
of him the said Daniel Coxe whereof or whereon hee 
the said Daniel Coxe or any other Person or Persons 
in trust for him or to his use is or are standeth or 
stand seized of any Estate Except & allways reserved 
out of this pr'ent grant & release the severall respec- 
tive Lands & hereditm** expressed in certain*" Inden- 
tures of Lease & release dated on or about the 
Eleventh & Twelvth days of December now last past 
made betweene the said Daniel Coxe of the one pt® & 
John Coloham of Souting Gravendy in the County of 
SuiTey Esq'" of the other part And therein ment'oned 
to be granted to the said John Colohan & his heires 
(That is to say) All that Tract of Land lyeing about 
the ffalls of Delaware Eiver in West New Jersey 
afores*^ purchased of the Indians by Adlord Bowde & 
Surveyed by James Budd Conteyning by Estimacon 
Sixty thousand Acres: And all that Moyetie or half 
part of Tenn undivided shares of Proprieties of West 
New Jersey af ores*^ the said Province into one hundred 
equall shares to be divided which said Term shares 
were heretofore granted by John ffenwick Esq'' unto 
Edmond Warner ct John Edridge their heires & 
assigns And one moyetie of all other the Lands Tene- 
ments ife Hereditam** in West New Jersey aforesaid 
which the said John ffenwick reserved to himselfe A: 
called ffenwick Coloney And all those four thousand 
five hundred Acres of Land the residue of Tenn Thous- 
and Acres hertofore granted by the said John ffenwick 
to Edmond Warner aforesaid which said last menc'oned 
moyetie ct ffour thousand five hundred Acres were 
purchased of the said Edmond Warner by the said 
Daniel Coxe And all other the Lands Tenm*' & Here- 
ditm'^ in West New Jersey afores'' Granted and Con- 
veyed by the said Daniel Coxe unto the said John 



1690] RELEASE OF WEST JERSEY BY DAJTIEL COXE. 51 

Coloham & his heires in & by the said recyted Inden- 
ture being noe part or parcell of the p'mises menc'oned 
to be hereby granted & Released And all Houses 
Buildings Plantations Lands Isles Islands Mines Min- 
eralls Woods fishings hawkings huntings fowlings 
Marshes Lakes Loughs Royalties ffranchises profitts 
Com'odities & appurtenances whatsoeve"" to the said 
Lands Hereditam'^' & p'^emises granted or intended to 
be hereby granted & released or any of them belong- 
ing or therewith used occupy ed or Enjoyed or Accepted 
rejDuted or taken as part parcell or member thereof or 
any part thereof or as belonging thereunto Except 
before excepted And the Rev'sons Remaind'' & 
Remainders rents issues & profitts of all & singular the 
said Lands Hereditam*^ & premises granted or men- 
c'oned or intended to be hereby granted & released 
And all the Estate right Tytle Interest Trust benefit 
claim & demand whatsoever in Law <fe Equity of the 
said Daniel Coxe of in & to the Lands Hereditaments 
And premises menc'oned to be hereby granted & or 
mentioned or intended to be hereby granted & released 
every or any part of them To have & to hold all & 
every the Lands Tenem** Hereditam*^ & p''emises men- 
c'oned to be hereby granted & released to the said Jona- 
than Greenwood & Peter Guyon their Heires & assigns 
forever to the uses following That is to say As for 
and Concerning ffifty parts of all & every the said 
Lands Tenem*^ Hereditam** & p''emises intended to be 
hereby granted <Sz released the whole in Sixteen hun- 
dred equall parts to be divided To the use of the said 
S"" Thomas Lane his Heires & assigns forever And 
as to for & concerning one hundred threescore & Ten 
other pts of all the same hereaditam** & p''emises to 
be devided as aforesaid to the use of the said Michael 
Watts his Heires & Assigns forever And as to for & 
concerning Threescore other parts of all the same here- 
ditam'' & p'emises to be devided as afors'' To the use 



52 XEAV JERSEY COLONIAL DOCUMENTS. [1690 

of the said Edmond Harrison his heires & assigns for- 
ever And as to for & concerning Threescore other 
parts of all the same hereditani*^ & p'emises to be 
devided as aforesaid to the use of the said Thomas 
Skinner his Heires & assigns forever And as to for & 
concerning Threescore other parts of all the same 
hereaditam'^ & p'emises 'to be devided as aforesaid to 
the use of the sd James Saint Johns his heires & 
assigns forever And as to for & concerning Threescore 
other parts of all the same hereaditam*^ & p'"emises to 
be devided as aforesaid to the use of the said Nicholas 
Hayward his heires & assigns forever And as to for & 
concerning flfifty five other pts of all the same here- 
ditam*^* & premises to be devided as aforesaid to the 
use of the said Mordecai Abbott his heires & assigns 
forever And as to for & concerning ff orty other parts 
of all the same Hereditam'^ & p'emises to be devided 
as aforesaid to the use of the said Nicholas Battersley 
his heires & assigns forever And as to for & concern- 
ing fforty other parts of all the same Hereditam*^ & 
p''emises to be devided as afores*^ to the use of the said 
Robert Curtis his Heires & assigns forever And as to 
for & concerning fforty other parts all the same Here- 
ditam** & p'emises to be devided as aforesaid to the 
use of the said John Juriu his heires & assigns for- 
ever And as to for ife concerning fforty other parts of 
all the same Hereditam*^ & p'^emises to be devided as 
aforesaid to the use of the said Richard Bromhall his 
Heires & assigns forever And as to for cV: concerning 
fforty other parts of all the same Hereditam'* cfe 
p'emises to be devided as aforesaid to the use of the 
said Robert Michel his Heires & assigns forever And 
as to for & concerning fforty other parts of all the 
same Hereditam'* & p''emises to be devided as afore- 
said to the use of the said Charles Michel his Heires 
& assigns forever And as to for & concerning Three- 
score other parts of all the same Hereditam^* & p'em- 



1690] RELEASE OF WEST JERSEY BY DANIEL COXE. 53 

ises to be devided as aforesaid to the use of the said 
James Boddington his Heires A: assigns forever And 
as to for & concerning fforty other parts of all the 
same Hereditam*^ & p'^emises to be devided as afore- 
said to the use of the said John Gunston his Heires & 
assigns forever And as to for & concerning Thirty 
other pai-ts of all the same Hereditam*^ & p'^emises to 
be devided to the use of the said Arthur Shallet his 
Heires & assigns forever And as to for 6z concerning 
Thirty other pai-ts of all the same Hereaditm^* S: 
p'emises to be devided as aforesaid to the use of the 
said John Lamb his Heires cV: assigns forever And 
as to for & concerning Thirty other parts of all the 
same Hereaditam^* & p'^emises to be devided as afore- 
said to the use of the said William Wightman his 
Heires & assigns forever And as to for & concerning 
Thirty other parts of all the same Hereditam*' & 
p'emises to be devided as aforesaid to the use of the 
said Joseph Brooksbank his heires ife assigns forever 
And as to for tfe Concerning Thirty other parts of all 
the same Hereditam*^ & p'emises to be devided as 
aforesaid to the use of the said William Thompson 
his heires & assigns forever And as to for & concern- 
ing Thirty other parts of all the same Hereditam** & 
p'"emises to be devided as aforesaid to the use of the 
said Henry Harrington his Heires & assigns forever 
And as to for & Concerning Thirty other parts of all 
the same Hereditam^* & p'emises to be devided as 
aforesaid to the use of the said John Love his heires 
& assigns forever And as to for ife concerning Thirty 
other parts of all the same Hereditam*^ c^ p'emises to 
be devided as aforesaid to the use of the said Thomas 
Phipps his Heires A: assigns forever And as to for & 
concerning Thirty other parts of all the same Here- 
ditam*^ & p'emises to be devided as aforesaid to the 
use of the said Isaac Cocks his Heires & assigns for- 
ever And as to for & concerning Thirty other parts of 



54 NEW JERSEY COLONIAL DOCUMENTS. [1G90 

all the same Hereditam** & p''emises to bee devided as 
aforesaid to the use of the said John Sweetable his 
Heires & assigns forever And as to for & concerning 
Thirty other parts of all the same Hereditam** & 
premises to be devided as aforesaid to the use of the 
said Thomas Bromfield his Heires & assignse forever 
And as to for & Concerning Thirty other parts of all 
the same Hereditam*' & p'emises to be devided as 
aforesaid to the use of the said John Norton his Heires 
& assigns forever And as to for & Concerning Thirty 
other parts of all the same Hereditam*^ & p'emises to 
be devided as aforesaid to the use of the said Robert 
Hackshaw his heires & assignes forever And as to 
for & Concerning Thirty other parts of all the same 
Hereditam** & p'"emises to be devided as aforesaid 
to the use of the said John Bridges his Heires & 
assignes forever And as to for & Concerning Thirty 
other parts of all the same Hereditam*^ & premises to 
be devided as aforesaid to the use of the said Joseph 
Paice his Heires & assigns forever And as to for & 
Concerning Twenty other parts of all the same Here- 
ditam*' & p'emises to be devided as aforesaid to the 
use of the said Edward Richier his Heires & assignes 
forever And as to for & concerning Twenty other 
parts of all the same Hereditam*' & p'emises to be de- 
vided as aforesaid to the use of the said William 
Dunch his Heires & assignes forever And as to for & 
Concerning Twenty other parts of all the same Here- 
ditam" & p'emises to be devided as afores'^ to the use 
of the said Edward Habbersfield his Heires & assigns 
forever And as to for & Concerning Twenty other 
parts of all the same Hereditam'^ & p'emises to be 
devided as aforesaid to the use of the said John Alber- 
son his Heires & assignes forever And as to for & Con- 
cerning Twenty other parts of all the same Here- 
ditam'^ & p'emises to be devided as aforesaid to the 
use of the said Edward West his Heires & Assignes 



1G90] RELEASE OF WEST JERSEY BY DANIEL COXE. 55 

forever And as to for & Concerning Twenty other 
parts of all the said Hereditani** & p'^emises to be 
devided as aforesaid to the use of the said Edward 
Pauncef ort his Heires & assignes forever And as to for 
& Concerning Twenty other parts of all ye same 
Hereditam*^' & premises to be devided as aforesaid to 
the use of the said Obadiah Burnett his heires & 
Assignes forever And as to for & Concerning Twenty 
other parts of all the same Hereditam**' & premises to 
be devided as aforesaid to the use of the said ff rancis 
Michel his Heires & assignes forever And as to for 
& concerning Twenty other parts of all the same 
Hereditam^* & p''emises to be devided as aforesaid to 
the use of the said Benjamin Steele his Heires & 
assignes forever And as to for & concerning Twenty 
other parts of all the same Hereditam'* & p'emises to 
be devided as afores'' to the use of the said John 
Slaney his Heires & Assignes forever And as to for & 
concerning Twenty other parts of all the same Here- 
ditam*^* & p'emises to be devided as aforesaid to the 
use of thesaid Nehemiah Erwing his Heires & Assignes 
forever And as to for & Concerning Twenty other 
parts of all the same Hereditam** & p''emises to be de- 
vided as afores'^ to the use of the said John Wilcocks 
his Heires & assignes forever And as to for & Concern- 
ing Twenty other parts of all the same Hereditam*^ & 
pi'emises to be devided as afores"^ to the use of the 
said Richard Mayo his Heires & assignes forever And 
as to for & Concerning fififteene other parts of all 
the same Hereditam** & p''emises to be devided as 
aforesaid to the use of the said Jonathan Netheway 
his Heires & assignes forever And as to for & concern- 
ing Tenne other parts of all the same Hereditam** & 
p'emises to be devided to the use of the said William 
Brookes his Heires & assignes forever And as to for & 
concerning Tenne other parts of all the same Here- 
ditam*^ & p'emises to be devided as aforesaid to the 



56 ^EW JERSEY COLONIAL DOCtTMENTS. [1690 

use of the said Tracey Pauncefort his Heires & as- 
signes forever And as to for & Concerning Tenne 
other parts of all the same Hereditam**' & p'^emises to 
be devided as afores'^ to the use of the said Joseph 
Allen his Heires & assigns forever And as to for & 
Concerning Tenne other parts of all the same Here- 
ditam** & p'^emises to be devided as afores" To the use 
of the said Richard Greenaway his Heires & assignes 
forever And the said Daniel Coxe for himself his 
Heires Exetrs & Admtrs doth Covenant promise grant 
& agree to & with the said S' Thomas Lane Michael 
Watts Edmond Harrison Thomas Skinner James St. 
Johns Nicholas Hayv^ard Mordecai Abbott Nicholas 
Battersley Robert Curtis John Jurin Richard Bromhall 
Robert Michel Charles Michel James Boddington John 
Gunston Arthur Shallet John Lamb William Wight- 
man Joseph Brooksbank William Thompson Henry 
Harrington John Love Thomas Phipps Isaac Cocks 
John Sweetable Thomas Bromfield John Norton Robert 
Hackshaw John Bridges Joseph Paice Edward Richier 
William Dunch Edward Habbersfield John Alberson 
Edward West Edward Pauncefort Obadiah Burnett 
ffrancis Michel Benjamin Steele John Slaney Nehe- 
miah Erwing John Wilcocks Richard Mayo Jonathan 
Netheway William Brooks Tracey Pauncefort Joseph 
Allen & Richard Greenaway & each of them their & 
each of their Heires Exect's Admi's &. assignes by 
these p^'sents That one full moyetie of all & every the 
shares proprieties & p'emises in West New Jersey afore- 
said mentoned to be hereby granted & released are situ- 
ate lyeing & being at or near Cape May and Maurice 
River in West New Jersey aforesaid And that one 
Tenth part of all & every the Shares Proprieties & 
premisses in West New Jersey aforesaid mentoned to 
be hereby granted & released the whole in Tenn equall 
parts to be devided is situate lyeing & being above 
the ffalls of Delaware River in West New Jersey 



1690] RELEASE OF WEST JERSEf BY DAITIEL COXE. 57 

aforesaid And that the same Moyetie & Tenth par^ 
have bin absolutely purchased by the said Daniel 
Coxe in ffee simple of the Indian Natives & that he 
hath paid & discharged all moneyes att any tyme due 
or payable for the purchase thereof And also satisfyed 
& paid all the charges & expences for surveying the 
same And whereas some scruple & doubt hath arisen 
touching & concerning the right & Tytle of the said 
Daniel Coxe to aU that Tract of Land mentoned to be 
hereby granted & released called the Minisincks Prov- 
ince Now it is hereby agreed that four hundred 
pounds part of the said four Thousand Eight Hundred 
pounds shall not be paid unto the said Daniel Coxe 
his Exec'' or Admif' but shall remaine as a deposition in 
the hands of the said respective purchasers being 
third parties to these p'^sents until there shall be such 
other good & sufficient assurance in the Law made 
and executed of the same Province to & for the uses 
herein before thereof Limited or declared as by the 
said S' Thomas Lane Michael Watts Edmond Harrison 
Thomas Skinner James St Johns Nicholas Hayward 
Mordecai Abbott Nicholas Battersley Robert Curtis 
John Jurin Richard Bromhall Robert Michel Charles 
Michel James Boddington John Gunston Arthur Shal- 
let John Lamb WiUiam Wightman Joseph Brooksbank 
William Thompson Henry Harrington John Love 
Thomas Phipps Isaac Cocks John Sweetable Thomas 
Bromfield John Norton Robert Hackshaw John Bridges 
Joseph Paice Edward Richier William Dunch Edward 
Habbersfield John Alberson Edward West Edward 
Pauncefort Obadiah Burnett ffrancis Michel Benjamin 
Steele John Slaney Nehemiah Erwing John Wilcocks 
Richard Mayo Jonathan Netheway WiUiam Brooks 
Tracey Pauncefort Joseph AUen & Richard Greenaway 
or any of them their or any of their Heires or assignes 
or their or any of their Counsell learned in the Laws 
shall be reasonably advised or devised & required & 



58 'i^'EW JERSEY COLONIAL OOCUMENTS. [1690 

then it is hereby declared that the same four hundred 
pounds shall be paid to the said Daniel Coxe his Exet's 
Admint's or assignes And the said Daniel Coxe for 
himself his Heires Exefs & Admit's doth Covenant 
demise & grant to & with the said S'" Thomas Lane 
Michel Watts Edmond Harrison Thomas Skinner, 
James St Johns Nicholas Hay ward, Mordecai Abbott 
Nicholas Bettersley Eobert Curtis John Jurin Richard 
BromhaU Robert Michel Charles Michel James Bod- 
dington John Guston Arthur Shallet John Lamb 
William Wightman Joseph Brooksbank William 
Thompson Henry Harrington John Loue Thomas 
Phipps Isaac Cocks John Sweetable Thomas Bromfeild 
John Norton Robert Hackshaw John Bridges Joseph 
Paice Edward Richier William Dunch Edward Hab- 
bersf eild John Alberson Edward West Edward Paunce- 
fort Obadiah Burnett ffrancis Michel Benjamin Steele 
John Slaney Nehemiah Erwing John Wilcocks Rich- 
ard Mayo Jonathan Netheway William Brookes Tracey 
Pauncef ort Joseph Allen & Richard Greenway & every 
of them respectively : their & each of their respectiue 
heires Sc assignes by these p'sents That hee the said 
Daniel Coxe hath not at any tyme heretofore made 
done Committed or wittingly or willingly suffered any 
Act matter or thing whatsoever whereby or by meanes 
whereof the said Lands Hereditants & p'^misses men- 
tioned to be hereby granted &, released or any of them 
or any part thereof is are can shaU or may be Im- 
peached or Incumbred in Tytle charge estate or other- 
wise And that he the said Daniel Coxe (for & notwith- 
standing any Act matter or thing whatsoever by him 
made done Com'itted or wittingly or willingly suffered 
to the contrary is & standeth lawfully rightfully & 
absolutely seized in his demand as of ffee & in all & 
singular the Lands Tenem** hereditam'^ & p'mises 
mentoned to be hereby granted & Released of a good 
sure lawful absolute & indefeazable Estate of inherit- 



1G90] RELEASE OF WEST JERSEY BY DAlbflEL COXE. 69 

ance in ffee simple in him without any Eeverson or 
Remaind' Trust Limitation power of Revocation use 
or uses or any other matter restraint or thing whatfo- 
ever to alter change charge revoake make voyd lesson 
incumber or determine the same And that hee the 
said Daniel Coxe at the tyme of the Ensealing & deliv- 
ery of these p'sents hath in himselfe good right full 
power & lawful authority to grant & Convey the said 
Lands Tenem*' Hereditam'" & p'mises mentoned to be 
hereby granted & released in manner af ores"^ according 
to the purport true intent & meaning of these p'sents 
And further that it shall & may be lawfuU to & for 
the said S' Thomas Lane Michael Watts Edmond Har- 
rison Thomas Skinner James St Johns Michael Hay- 
ward Mordecai Abbott Nicholas Battersley Robert Cur- 
tis John Jurin Richard Bromhall Robert Michel Charles 
Michel James Boddington John Gunston Arthur 
Shallet John Lamb William Wightman Joseph Brooks- 
bank William Thompson Henry Harrington John 
Love Thomas Phipps Isaac Cocks John Sweetable 
Thomas Bromfeild John Norton Robert Hackshaw 
John Bridges Joseph Paice Edward Richior William 
Dunch Edward Habbersfeild John Alberson Edward 
West Edward Pauncefort Obadiah Burnett ffrancis 
Michel Benjamin Steele John Slaney Nehemiah Er- 
wing John Wilcocks Richard Mayo Jonathan Nethe- 
way William Brooks Tracey Pauncefort Joseph Allen 
& Richard Greenaway respectively their & each of 
their respective heires & assignes at all times here- 
after peaceably & quietly to enter into haue hold 
occupie possess & enjoy the said Lands Tenem'' Hered 
itam*' & p'mises mentoned to be hereby granted & re- 
leased & to receive & take the rents Issues & profitts 
thereof of every part thereof to & for his & their own re- 
spective use &, benefitt without the LawfuU Let Suit 
Trouble denyall evicton or interrupton of or by him the 
said Daniel Cox or his Heires or any other Person or 



60 NEW JERSEY COLONIAL DOCUMENTS. [1690 

Persons lawfully clayming or to claym any Estate right 
Tytle or Interest either in Lawe or Equity of into or 
out of the same Lands Tenem^' hereditam** & p'mises 
mentioned to be hereby granted & released or any of 
them or any part thereof from by or under or in Trust 
for him and that free & clear & freely & clearly ac- 
quitted exhon'ated &, discharged or otherwise by the 
said Daniel Coxe his Heires Execute's or Adminis- 
trato's well & sufficiently saved defended kept harm- 
lef s & indemnif yed of from & against aU & all manner 
of former & other gifts grants bargains sales Leases 
Mortgages Joyntures dower Tytle of dower uses 
Trusts wills Intayles statute Recognizances Judge- 
ments Extents Executions Rents charge Rents 
Arreares of Rent & of & against all & singular other 
Estates Tytles troubles charges & incumbrances what- 
soever had made done Com'itted wittingly or willingly 
suffered or to be had made done com'itted or wit- 
tingly or willingly suffered by the said Dan- 
iel Coxe or Rebecca his wife or either of them 
or his Heires or by any other Person or Per- 
sons lawfully clayming or to clayme any estate 
right Tytle Trust or Interest either in law or Equity 
of into or out of the said Lands Tenem** hereditam" & 
premises mentoned to be hereby granted released or 
any of them or any part thereof from by or under or 
in trust for him And moreover that he the said 
Daniel Coxe & Rebecca his wife and his Heires & all 
& every other Person or Persons haveing or Lawfully 
clayming or which shall or may have or lawfully 
claime any estate right tytle or interest either in Law 
or Equity of into or out of the said Lands Tenem'^ 
Hereditam*' & p'mises mentoned to be hereby granted 
& Released or any of them or any part thereof from 
by or under or in Trust for the said Daniel Coxe shall 
& will from time to time & at all times hereafter dur- 
ing the space of Ten yeares next ensuing the date here- 



1690] RELEASE OF WEST JERSEY BY DANIEL COXE. 61 

of upon every reasonable request & at the proper costs 
& charges in the Law of the said S' Thomas Lane 
Michael Watts Edmond Harrison Thomas Skinner 
James Saint Johns Nicholas Hayward Mordecai Ab- 
bott Nicholas Battersley Robert Curtis John Jurin 
Richard Bromhall Robert Michel Charles Michel James 
Boddington John Gunston Robert Shallet John Lamb 
WilHam Thompson Henry Harrington John Love 
Thomas Phipps Isaac Cocks John Sweetable Thomas 
Bromfeild John Norton Robert Hackstraw John 
Bridges Joseph Paice Edward Richier William Dunch 
Edward Habbersfield John Alberson Edward West 
Edward Pauncef ort Obadiah Burnett ff rancis Michel 
Benjamin Steele John Slaney Nehemiah Erwing John 
Wilcocks Richard Mayo Jonathan Netheway William 
Brooks Tracey Pauncefort Joseph Allen & Richard 
Greenaway respectively & their respective Heires & 
assignes make doe acknowledge Levy suffer & execute 
or cause to be made done acknowledged Levyed suf- 
fered & executed all & every such further & other 
lawfuU and reasonable Act & Acts thing & things de- 
vice & devices Conveyances & assurances in the Law 
whatsoever for the further better and more perfect 
and absolute assureing surety sure making and Con- 
veying of the said Lands Tenements Hereditaments & 
p^'emisses mentioned to be hereby granted and released 
to the uses herein before declared of and concerning 
the same be it by ffyne ffeoffm' Recovery or other law- 
full wayes or meanes howsoever as by the said S' 
Thomas Lane Michael Watts Edmond Harrison 
Thomas Skinner James St Johns Nicholas Hayward 
Mordecai Abbott Nicholas Battersley Robert Curtis 
John Jurin Richard Bromhall Robert Michel Charles 
Michel James Boddington John Gunston Arthur 
Shallet John Lamb William Wightman Joseph 
Brooksbank William Thompson Henry Harrington 
John Love Thomas Phipps Isaac Cocks John Sweet- 



62 NEW JERSEY COLONIAL DOCUMENTS. [1690 

able Thomas Bromf eild John Norton Robert Hackshaw 
John Bridges Joseph Paice Edward Richier WilHam 
Dunch Edward Habbersfeild John Alberson Edward 
West Edward Pauncefort Obadiah Burnett ffrancis 
Michel Benjamin Steele John Slaney Nehemiah Er- 
wing John Wilcocks Richard Mayo Jonathan Nethe- 
way William Brooks Tracey Pauncefort Joseph Allen 
& Richard Greenaway or any of them their or any of 
their Heires or Assignes or by their or any of their 
Counsell learned in the Law shall bee reasonably de- 
vised or advised soe as such further assurances Con 
tained in them noe further other Covenants or war- 
ranty than against the Person or Persons his or her 
Heires who shall make or doe the same And soe as the 
party or party es who shall be desired or requested to 
make or doe the same be not Compelled or Compell- 
able for making or doeing thereof to goe or Travell 
further than the Citties of London & Westminster or 
one of them And that the originall Deede of Grant 
relateing (amongst others) to the said ffoL" r Proprieties 
or Hundredth parts of West new Jersey aforesaid 
hereby Granted or intended to be granted as aforesaid 
which said originall Deede beare date on or about the 
Twenty Seventh and Twenty Eighth days of March 
Anno D'm'' one Thousand Six hundred Eighty and 
two and are mentoned to be made betweene William 
Penn Gawen Lawrie Nicholas Lucas and Edward 
Bylling of the one part and the said John Hinde of the 
other part shall from time to time and at all times 
upon reasonable request to him the said Daniel Coxe 
his Executo's or Administrators on that behalf e to be 
first made shall be produced and shown forth in Court 
or elsewhere undefaced and then & there to remaine 
and be for such time as shall be Convenient for the 
better mainteyning and asserting the Estate right & 
Tytle of in and to the said ffour Proprieties hereby 
granted and released as aforesaid if any Claime Con- 



1690] RELEASE OF WEST JERSEY BY DANIEL COXE. 



63 



troversie pretences or doubt at any time hereafter doe 
arise touching or concerning the same or any part 
thereof In Witnesse whereof the parties first above 
named to these p'sent Indentures have Interchange- 
ably sett their hands and scales the day & yeare first 
above written. 

Dan : Coxe : Eebeckah Coxe 

* — ' — * *'"-' * 

with a scale | \ with a scale -j [ 

*__^,^* *_ _* 

Scaled & Delivered by the withinnamed 
Daniel Coxe in ye presence of 
Sam^"^ Russell 
Ralph Withers 
Pockayne Terry Wethereby 
Richard Johnson-^ 

Sealed & Deliv'ed by the withinnamed 
Rebecca Coxe in ye p'^sence of 

Pokayne Terry Wethereby 
Richard Johnson. 

Memorand that before ye execution of ye originall 
Deed there was this interlineation inserted in the 
first skin betweene the Thirty eighth and thirty 
nynth Lines (And in such mann' part and propor- 
tion as shall be expressed in & by the Deed of grant 
intended to be hereafter made and executed to him 
the said Daniell Cox & in noe other manner whatso- 
ever. 

Sam^^ Russell John Hackett 
Ralph Withers. 



64 NEW JERSEY COLONIAL DOCUMENTS. [1690 

Grant of the Government of West Jersey\ from Daniel 
Coxe to the West Jersey Society. 

[From West Jersey Records in Secretary of State's office at Trenton, Liber B, 

page 298.] 

Societies' Grant from Daniel Coxe Esquire of tlie 
Governmen*: of West New Jersey and Terri- 
tories Thereof. 

This Indenture made the ffourth day of March in 
the ffourth yeare of the Reigne of our Soveraigne 
Lord and Lady WiUiam & Mary by the grace of God 
of England Scotland ff ranee & Ireland King & Queene 



1 This grant seems to have effectually settled the question of the right of 
Government, which for several years bad disturbed the Provinces; the New Jersey 
Society, thereafter, exercising it as well as the right of Proprietors of the land. 
The nature of the preceding difficulties will be seen from the following: 

Among other " Resolves of the Freeholders of this Province in free Assemby met 
the 14th Day of the 3d Month, 1683, at an open and free conference " in reference 
to several Queries, appears the follo\\ing:— 

"1. Querie. Whether the purchase at first made was of Land and Government 
together or not? 

" Resolve to which Quierie, It is the Resolve of the Assembly (together with the 
Governor) with a (Nemine Cont radicente) that the Land and Government of West 
New Jersey were purchased together." * * * * 

" 6. Querie. Whether an Instrument shall be drawm up, and sent by order of this 
Assembly to some trusty Friends in London, for Edivard BilUnge. to sign and 
Seal, whereby to confirm his first Bargain and Sale he made to the Freeholders 
of this Province, of Land and Government together, with a Letter of Instruction 
to those Friends to transact the same Affair, or not ? 

"■Resolve. The Assembly pass it in General as their Resolve in the affirmative (with 
a Nemine Contrudicenie.y * * * * [Whereupon fourteen prominent individuals 
in the province were elected to write the " letter of Instruction " to eight Friends 
designated by name.] 

"8. Querie. Whether the expedient proposed by Governor Penn be satisfactory, 
to wit, that if the people chuse Samuel Jennings, Governor [he had been 
appointed Deputy Governor by Edward Byllyng in 1681] and if he promise to 
execute the Place with Fidelity and Diligence according to the Laws, Concessions, 
and Constitutions of this Province to the best of his skill, it be security sufficient to 
the people or not? 

"Resolve to which Query the Assembly pass'd their Resolve in the affirmative 
(with a Nemine Contradicente) save only one member wasdubious therein."* * * * 

" Samuel Jenings, is by the true Election and Vote of the Assembly chosen 
Governor of this Province." * * * * 

"The Engagement and Promise of SamuelJeninqs to the General Assemblj', 
&c., upon his Election as Governor of this Province as followeth, (viz.) 

"I, Samuel Jenings, being duly elected Governor of the Province o/ West- Jersey, 
by the General free Assembly thereof sitting at Burlington, the 11th Day of the 
third Month in the year 1683, do freely and faithfully Promise {according to the 



1692] DA]N'IEL COXE AND WIFE TO WEST JERSEY SOCrETV. Go 

defend's of the ffaith &c And in the yeare of our Lord 
Christ one Thousand Six hundred nynety & one' Be- 
TWEENE Daniel Coxe of London Esquire Governo' & 
Chiefe Proprietor of the Province of West New Jersey 
and other adjacent Lands & Territories thereunto an- 
nexed in America of the one part and S^ Thomas Lane 
of London K!, Michael Watts of London Merchant 
Edmond Harrison of London Merchant Thomas 
Skinner of Derolisk in the County of Dorsett Esq"" 
James S; Johns of London Goldsmith Nicholas Hay- 
ward of London Gen' Mordecai Abbott of London 
Gen' Nicholas Battersley of London Merchant Robert 
Curtis of London Gen' John Jurin of London M'chant 
Richard Bromhall of London Gen' Robert Michel of 
London Merchant Charles Michel of London M'chant 
James Boddington Cittizen & Clothworker of London 
John Gunston of London M'chant Arthur Shallet of 
London M'chant John Lamb of London M''chant Wil- 
liam Wightman of London Gen' Joseph Brooksbank 
Cittizen & Haberdasher of London William Thompson 
of London Merchant Henry Harrington of London 
Merchant John Love of London M''chant Thomas 
Phipps of London Linnendrap Isaac Cocks of Lon 
don M''chant Taylor John Sweetable of Lombard Street 



best of my Ability) to act in that Capacity, according to the Laws, Concessions and 
Constitutions as they are now established in the said Province. 

Samuel Jennings, Governor. 

********** 

"Be it hereby enacted and Resolved by the Proprietors and Freeholders within 
the Province of West Jersey in free Assembly met, that the Matter relating 
their Demand and Vindication of their right to the Government against Edward 
Billing'' s pretence to the same, shall be proceeded in ; and first that a Demand to 
Edward Billings for his confirmation of what he hath sold, shall first be made. In 
Pursuance whereof the Assembly unanimously nominate, elect and chuse Governor 
Samuel Jenings and Thomas Biidd to negotiate the said affair in England, and 
commissionate and Impower them for the Transacting the same." 

[Jennings and Budd proceeded to England (Thomas Olive having been appointed 
by Jennings Deputy Govei-nor in his place) but what was the result of their negotia- 
tion does not appear. In 1685 Byllynge commissioned John Skeene as Deputy 
Governor, and the Assembly " reserving their just Rights and Privileges " acknowl- 
edged his authoiity]. Grants and Concessions, pp. 468-473 485, 489, 503. 

1 1691-2. 



G6 NEW JEKSEY COLONIAL DOCUMENTS. [1692 

Goldsmith Thomas Bromfeilcl of London Gen' John 
Nortonof London Merchant Kobert Hackshaw of Lon- 
don Merchant John Bridges of London Merchant 
Joseph Paice of London Merchant Edward Richier of 
Lojidon Mercer William Dunch of Lincolns Inne in the 
County of Midde Esq'' Edward Habbersfeild of the 
Middle Temple London Gen' John Alberson of London 
Merchant Edward West of London Gentleman Edward 
Paunecfort of London Gent Obadiah Burnett of Lon- 
don Merchant ffrancis Michel of London Cittizen & 
Mercer Benjamin Steele of London Merchant John 
Slaney of London Merchant Nehemiah Erwing of Lon- 
don Gent John Wilcocks of London Merchant Taylor 
Richard Mayo of London Gent Jonathan Netheway 
Cittizen & Drap of London William Brooks of Lon- 
don Gent Tracy Pauncefort of London Gent Joseph 
Allen of London Gent and Richard Greenaway Cit- 
tizen & Clothworker of London of the other part 
Whereas iJames Duke of Yorke (afterwards King 
James the second) over England Scotland ffrance & 
Ireland Defend' of the ffaith &c by his indenture bear- 
ing date on or about the sixth day of August in the 
yeare of our Lord one Thousand Six hundred & 
Eighty for the better enableing Edward Bylling then 
of the City of Westminster Gent since deced his 
Heires & assignes to improve & plant that Tract of 
Land then & now called West New Jersey in America 
& its rights members & appurtenances with People & 
to exercise all necessary Government there did give 
grant assigne & Transferre unto the said Edward 
Bylling his Heires & assignes all & every the same 
powers authorities jurisdictions Governm'* & other 
matters & things whatsoever within or relating to 
West New Jersey aforesaid which had beene granted 
or were mentioned or intended to be granted to the 
said Duke in & by Two Severall Letters Pattent made 
by his late Ma'.'f King Charles the Second the one 



1G92] DANIEL COXE AND WIFE TO WEST JERSEY SOCIETY. 67 

bearing date on or about the Twelfth day of March in 
the Sixteenth yeare of his reigne the other bearing 
date on or about the twenty nynth day of June in the 
Twenty sixth yeare of his said reigne TO BE held en- 
joyed Exercised & Executed by the said Edward Byl- 
ling his Heires & assignes And by his & their deputies 
officers Agents & Com'ission'' as fully & amply to all 
intents constructions & purposes as the said Duke or 
his Heires might could or ought to hold enjoy use 
exercise & execute the same by vertue of the said 
Letters Patent or otherwise howsoever as in & by the 
said recyted Indenture inroUed in the High Court of 
Chancery relation being thereunto had may more at 
large appeare AND whereas the said Edward Bylling 
is since dead & the Heires of the said Edward Bylling 
have Transferred all the said powers jurisdictions au- 
thorities & Government of & in West New Jersey & 
other the p'"misses aforesaid to the said Daniel Coxe 
his Heires and Assignes in which said Daniel Coxe the 
same are now vested AND whereas the said S' Thomas 
Lane Michael Watts Edmond Harrison Thomas Skin- 
ner James St Johns Nicholas Hay ward Mordecai Ab- 
bott Nicholas Battersley Eobert Curtis John Jurin 
Richard Bromhall Robert Michell Charles Michel James 
Boddington John Gunston Arthur Shallett John Lamb 
William Wightman Joseph Brooksbank William 
Thompson Henry Harrington John Love Thomas 
Phipps Isaac Cocks John Sweetable Edward Bromf eild 
John Norton Robert Hackshaw John Bridges Joseph 
Paice Edward Richier William Dunch Edward Hab- 
bersf eild John Alberson Edward West Edward Paunce- 
fort Obadiah Burnett ffrancis Michel Benjamin Steele 
John Slaney Nehemiah Erwing John Wilcocks Rich- 
ard Mayo Jonathan Netheway William Brooks Tracey 
Pauncefort Joseph Allen & Richard Greenaway have 
purchased of the said Daniel Coxe severall shares pro- 
prieties & Tracts of Land in West New Jersey aforesaid 



08 NEW JERSEY COLONIAL DOCUMENTS. [1692 

and elsewhere in America aforesaid and designe to lay 
out Considerable sum'es of money in improving & 
planting the said Province & p'misses And to estabUsh 
a Convenient Governm* there Now this Indenture 
WITNESSETH that for the better accomplishm' of the 
purposes afores'' and for & in consideration of a com- 
petent sum'e of lawfull money of England to the said 
Daniel Coxe in hand paid by the said S' Thomas Lane 
Michel Watts Edmond Harrison Thomas Skinner James 
St Johns Nicholas Hayward Mordecai Abbott Nicholas 
Battersley Robert Curtis John Jurin Richard Bromhall 
Robert Michel Charles Michel James Boddington John 
Gunston Arthur Shallet John Lamb William Wight- 
man Joseph Brooksbank William Thompson Henry 
Harrington John Love Thomas Phipps Isaac Cocks 
John Sweetable Thomas Bromf eild John Norton Robert 
Hackshaw John Bridges Joseph Paice Edward Richier 
WiUiam Dunch Edward Habbersfeild John Alberson 
Edward West Edward Pauncefort Obadiah Burnett 
ffrancis Michel Benjamin Steele John Slaney Nehe- 
miah Erwing John Wilcocks Richard Mayo Jonathan 
Netheway William Brooks Tracy Pauncefort Joseph 
Allen & Richard Greenaway at or before the ensealing 
& delivery of these p'sents the receipt whereof is hereby 
acknowledged the said Daniel Coxe Hath Granted 
Transferred & assigned And by these p'sents doth grant 
transfere & assigne to the said S'Thomas Lane Michael 
Watts Edmond Harrison Thomas Skinner James St 
Johns Nicholas Hayward Mordecai Abbott Nicholas 
Battersley Robert Curtis John Jurin Richard Bromhall 
Robert Michel Charles Michel James Boddington John 
Gunston Arthiu' Shallet John Lamb William Wight- 
man James Brooksbank William Thompson Henry Har- 
rington John Love Thomas Phipps John Cocks John 
Sweetable Thomas Bromfeild John Morton Robert 
Hackshaw John Bridges Joseph Paice Edward Richier 
William Dunch Edward Habbersfeild John Alberson 



1692] DANIEL COXE AND AVIFE TO WEST JERSEY SOCIETY. 69 

Edward West Edward Pauncefort Obadiah Burnet 
ffrancis Michel Benjamin Steele John Slaney Nehemiah 
Erwing John Wilcocks Richard Mayo Jonathan 
Netheway William Brooks Tracey Pauncefort Joseph 
AUen & Richard Greenaway All and every such & 
the same powers jurisdictions authorities & Govern- 
in^ as & that were granted or intended to be granted 
by the said Duke of Yorke to the said Edward Bylling 
as aforesaid And by the Heires of the said Edward 
Bylling were granted to the said Daniel Coxe his 
heires & assignes within or in relation to West New 
Jersey & other the p'mises aforesaid To be held en- 
joyed used Exercised & Executed by the said S' 
Thomas Lane Michael Watts Edmond Harrison 
Thomas Skinner James St Johns Nicholas Hayward 
Mordecai Abbott Nicholas Battersley Robert Curtis 
John Jurin Richard Bromhall Robert Michel Charles 
Mitchel James Boddington John Gunston Arthur 
Shallet John Lamb William Wightman Joseph 
Brooksbank Wilham Thompson Henry Harrington 
John Love Thomas Phipps Isaac Cocks John Sweet- 
able Thomas Bromfeild John Norton Robert Hackshaw 
John Bridges Joseph Paice Edward Richier WiUiam 
Dunch Edward Habbersfeild John Alberson Edward 
West Edward Pauncefort Obadiah Burnet ffrancis 
Mitchel Benjamin Steele John Slaney Nehemiah Er- 
wing John Wilcocks Richard Mayo Jonathan Nethe- 
way William Brooks Tracey Pauncefort Joseph Allen 
& Richard Greenaway their Heires & assignes and by 
their Deputies officers Agents & Com'ission's as fully 
& Amply to all intents Constructions & purposes as 
the said Edward Bylling and his Heires & the said 
Da;niel Coxe & his Heires did might could or ought to 
hold enjoy use Exercise & Execute the same by force 
& vertue of the said Letters Patent and the said re- 
cyted Indenture or any of them or otherwise howso- 
ever AND the said Daniel Coxe for himself his Heires 



70 NEW JERSEY COLOKIAL DOCUMEKTS. [1692 

Executors & Admin's doth Covenant grant & agree to 
& with the said S"^ Thomas Lane Michael Watts Ed- 
mond Harrison Thomas Skinner James St Johns 
Nicholas Hayward Mordecai Abbott Nicholas Batters- 
ley Robert Curtis John Jurin Richard Bromhall Robert 
Michel Charles Mitchel James Boddington John 
Guston Arthur Shallet John Lamb William 
Wightman Joseph Brooksbank William Thompson 
Henry Harrington John Love Thomas Phipps 
Isaac Cocks John Sweetable Thomas Bromfeild John 
Norton Robert Hackshaw John Bridges Joseph 
Paice Edward Richier William Dunch Edward Hab- 
bersfeild John Alberson Edward West Edward Paunce- 
fort Obadiah Burnet ffrancis Mitchel Benjamin Steele 
John Slaney Nehemiah Erwing John Wilcocks Rich- 
ard Mayo Jonathan Netheway William Brooks Tracy 
Pauncefort Joseph Allen & Richard Greenaway their 
Heires & Assignes that hee the said Daniel Coxe hath 
not Transferred assigned surrendered or forfeited all 
or any of the said Powers Authorities Jurisdictions 
& Governm* by these p^'sents ment'oned or intended 
to be granted nor done Com'itted nor willfully suf- 
fered any Act or thing whereby the same or any of 
them are or may be forfeited lost or destroyed And 
that hee the said Daniel Coxe & his Heires & all & 
every other Person or Persons lawfully clayming or to 
clayme the said p'"mises ment'oned to bee hereby 
Transferred or any of them from by or under or in 
Trust for him them or any of them shall & will from 
time to time and at all times hereafter dureing the 
space of Tenne yeares next ensueing the date of these 
p'sents upon the request & at the costs & charges in 
the Law of the said S'' Thomas Lane Michael Watts 
Edmond Harrison Thomas Skinner James St. Johns 
Nicholas Hayward Mordecai Abbott Nicholas Bat- 
tersley Robert Curtis John Jurin Richard Bromhall 
Robert Michel Charles Mitchel James Boddington John 



1G02] DANIEL COXE AND WIFE TO WEST JERSEY SOCIETY. 71 

Gunston Arthur Shallet John Lamb WiUiam Wight- 
man Joseph Brooksbank WilHam Thompson Henry 
Harrington John Love Thomas Phipps Isaac Cocks 
John Sweetable Thomas Bromfeild John Norton 
Robert Hackshaw John Bridges Joseph Paice Edward 
Richier WiUiam Dunch Edward Habbersfield John 
Alberson Edward West Edward Pauncefort Obadiah 
Burnet ffrancis Michel Benjamin Steele John Slaney 
Nehemiah Erwing John Wilcocks Richard Mayo Jona- 
than Netheway William Brooks Tracey Pauncefort 
Joseph Allen & Richard Greenway their Heires or 
Assignes Doe make & Execute or cause & procure to 
be made done & Executed all such further Acts Con- 
veyance & assurance in the Law whatsoever for the 
better transferring Conveying & Confirming to them 
the said S!" Thomas Lane Michael Watts Edmond 
Harrison Thomas Skinner James St Johns Nicholas 
Hayward Mordecai Abbott Nicholas Battersley Robert 
Curtis John Jurin Richard Bromhall Robert Michel 
Charles Mitchel James Boddington John Gunston 
Arthur Shallet John Lamb WiUiam Wightman 
Joseph Brooksbank William Thompson Henry Har- 
rington John Love Thomas Phipps Isaac Cocks 
John Sweetable Thomas Bromfeild John Norton 
Robert Hackshaw John Bridges Joseph Paice Edward 
Richier William Dunch Edward Habbersfield John 
Alberson Edward West Edward Pauncefort Obadiah 
Burnet ffrancis Mitchel Benjamin Steele John Slaney 
Nehemiah Erwing John Wilcocks Richard Mayo 
Jonathan Netheway WiUiam Brooks Tracey Paunce- 
fort Joseph Allen & Richard Greenaway their Heires 
& Assignes the said Powers Jurisdictions Authorities 
& Govern* & every of them as by the said S' Thomas 
Lane Michael Watts Edmond Harrison Thomas Skin- 
ner James Saint Johns Nicholas Hayward Mordecai 
Abbott Nicholas Hayward Mordecai Abbott ' 



' Repetition the same as in the original ! 



7:3 N^EW JERSEY COLON^IAL DOCUMENTS. [1692 

Nicholas Battersley Robert Curtis John Jurin 
Richard Bromhall Robert Michel Charles Mitchel 
James Boddington John Gunston Arthur Shallet John 
Lamb William Wightman Joseph Brooksbank Wil- 
Ham Thompson Henry Harrington John Love Thomas 
Phipps Isaac Cocks John Sweetable Thomas Brom- 
feild John Norton Robert Hackshaw John Bridges 
Joseph Paice Edward Richier William Dunch Edward 
Habbersfeild John Alberson Edward West Edward 
Pauncefort Obadiah Burnet ffrancis Michel Benjamin 
Steele John Slaney Nehemiah Erwing John Wilcocks 
Richard Mayo Jonathan Netheway William Brooks 
Tracy Pauncefort Joseph Allen and Richard Greena 
way their Heires or assignes or their or any of their 
Councell learned in the Lawes shall be reasonably 
devised or advised & required soe as the party to be 
required to doe the same be not Compelled to Travel 
further than the Cities of London & Westminster for 
doeing thereof And so as none of the said further 
Conveyances Contained in them any other or further 
Covenants or warrantyes than are herein conteyned 
In witnesse whereof the parties abovenamed to these 
p'sents have interchangeably sett their hands & 
seales the day & yeare ff rst above written. 




Sealed & Delivered by the withinnamed 
Daniel Coxe in the p'sence of 
SAMf^ Russell 
John Hackett 
Ralph Withers 



1692] WEST JEBSEY AGREEMENT ABOUT LANDS. 73 



Agreement of the Members of the West Jersey Society 
for the managing and improving of their tabids. 

[From West Jersey Records in Secretary of State's office at Trenton, Ldber F'-* 

page 343. 

West Jersey Society agreement concerning their 
Lands <fec in America. 

Know all men by these Presents that whereas by 
Indenture bearing Date the Fourth day of March in 
the fourth Year of the Reign of Our Lord and Lady 
William and Mary over England Scotland France & 
Ireland King and Queen Defenders of the faith &c 
Anno Domini 1691:' Daniel Cox of London Esq!" did 
Assign Transferr and Convey to S' Thomas Lane of 
London Knight Michael Watts of London Merchant, 
Edmund Harrison of London Merchant, Thomas Skin- 
ner of Dewish in the County of Dorset Esqf Jaf S' John 
of London Goldsmith Nicht Hay ward of London Gent. 
Mordecai Abbott of London Gent: Nicholas Battersley 
of London Mereh;^ Robert Curtis of Lond" Gent. Jn.** 
Jurin of Lond° Merch^ Rich^ Bromhah of Lond° Gent: 
Robert MitcheU of Lond? Merch^ Chaf Mitchell of 
London Merch^ Ja! Boddington Citizen ife Cloth worker 
of Lond° Jn;^ Gunston of Lond° Merch^ Arthur Shallet 
of Lond° Merch.^ Jn° Lambe of Lond° Merch* William 
Wightman of London Gent. Jos: Brooksbank Citizen 
and Haberdasher of Lond° W" Thompson of Lond° 
Merch' Henry Harrington of Lond° Merch^ Jn° Love 
of Lond° Merch;^ Thof Phipj)s of Lond° Linnen Draper 
Isaac Cocke of Lond" Merch;^ Taylor, Jn° Sweetapple 
of Lombard Street Goldsmith, Tho* Bromfield of 



'1691-2. 



74 NEW JERSEY COLONIAL DOCUMENTS. [1692 

Lon:* Gent. Jnf Norton of Lond° Merch* Eob? Hack- 
shaw of Lond" Merch^ John Bridges of Lond° Merch? 
Jo* : Paice of Lond° Merch* , Edward Richier of Lond" 
Merch* W" Dunch of Lincolns Inn in the County of 
Middlesex Esq"", Edward Habberfield of the Middle 
Temple Lond? Gent: Jn" Alberson of Lond!' Merch*, 
Edward West of Lon° Gent; Edw^' Pansford of Lon" 
Gent: Obad'; Burnet of Lond? Mercha*, Fran* Michell 
of Lon° Citizen and Mercer. Benj;* Steele of Lond" 
Merch*, Jn^ Slany of Lond° Merch*, NehemI' Erwing 
of Lond° Gent, Jn^ Wilcoker of Lond° Merch* Taylor 
Rich^ Mayo of Lond° Gent., Jon* Netheway Citizen & 
Draper of London, W™ Brookes of Lond° Gent:, Tracy 
Pansford of Lond? Gent:, Joseph Allen of Lond? Gent., 
and Richard Greenaway Citizen & Clothworker of 
London the Hereditary Government of West Jersey 
in America, — And whereas by one other Indenture of 
Lease bearing Date the 3'' Day of March in the same 
Year the s!^ Daniel did Grant bargain & sell unto Jona- 
than Greenwood and Peter Guyon Several Lands and 
Tenements in West Jersey, East Jersey, Pensilvania, 
New England and other Parts and Places in America 
to hold the same for One Year — And whereas by one 
other Indenture of Release bearing Date the fourth 
day of March in the same Year the s? Daniel Coxe & 
Rebecca his Wife did Grant, Bargain, Sell, Alien, 
Transfer and Assign unto the afores^^ Persons their 
Heirs, Executors, Administrators and Assigns in such 
Proportions and for such Considerations as is therein 
mentioned several Lands, Tenements, Profitts, Com- 
modities & Appurtenances Lying and being in several 
Parts of America as in and by the s? three Recited 
Indentures Relation being thereunto had doth or may 
more at large appear Now as well for the better & 
more orderly Managing and Improving of the s'' Heredi- 
tary Government Lands & Tenements as also for Our 
mutual Benefitt Profitt and Advantage We whose 



1692J WEST JERSEY AGREEMENT ABOUT LANDS. 75 

names are hereunto Subscribed do here by Covenant, 
Promise, Agree and Oblidge Ourselves Our Respective 
Heirs, Exects & Assigns separately And not jointly or 
one for [an] other to and with Each & every of the others 
of Us their & every of their Heirs, Exects, Admts & 
Assigns in manner & form following Impeimis that 
We will from time to time & at all times when & as 
often as the major Part of Us or of Our Assigns shall 
think fitt to Order the same signified by their Votes in 
a General Assembly Pay or Cause to be Paid to the 
Treasurer for the time being our Quota parts & Pro- 
portions of all such sum or sums of money as the s? 
General Assembly or the major Part of them by their 
Votes shall Order & appoint for the Raising of a Stock 
or Fund as well for the Support of the s-' Government 
and Carrying on a Trade to the s'' Places in America 
as for the Promoting & Carrying on of several other 
Usefull and necessary Designs for Our mutual Advan- 
tage which Stock or Fund shall be divided into sixteen 
hundred equal Parts or Shares in the same manner 
Shares or Proportions to each and every one of Us as 
the s'.^ Lands and Tenements are by the s^ Deed of 
Release Limited and Expressed, provided always that 
the s!' Sum or Sums so Ordered to be paid do not in 
the whole Exceed the Sum or Sums of Ten Pounds 
Sterling for each Share of the s? 1600 Parts or Shares 
and that also three Days Notice shall be Given to Each 
Proprietor when Money is to be rais''' &; to be Exj^rest 
in their Summons that it is for raising of Money Item 
We hereby further Oblidge Ourselves our heirs Exects 
Admts & Assigns as af'^ that in Case any of Us Our 
heirs Exects or Assigns shall at any time Refuse or 
Neglect to pay in his or their Quota or Share of the 
Money so ordered within Thirty Days after it is Law- 
fully Demanded by any Person appointed by y'' Com- 
mittee for the time being to Demand the same, he & 
they shall Loose & forfeit to the Use of all the others 



76 NEW JERSF.Y COLONIAL DOCUMENTS. [1692 

in Common their heirs or Assigns as well all his & 
their Interest & Share in the s? Government Lands, 
Tenements, Profits & Appurtenances as in such Stock 
or Fund as shall or may be paid by Us before the time 
of such refusal or Neglect of Payment together with 
all undivided Profitts or Advantages of the same 
Item that in Case of the Death of any of the Parties 
to these Presents no Benefitt of Survivorship shall be 
had or taken by the Survivors but the heirs Exects & 
Adm's respectively of the Person so Dying or their 
Assigns shaU have and Enjoy his Part, Share & Pro- 
portion of the s-^ Lands, Tenements, Appurtenances, 
Stock & Profits as af ores? in as fuU and ample manner 
as if he or they were Living Item that aU Dividends 
that shall be made of the Premises and Profitts shaU 
be made according to the Several Shares and Propor- 
tions which each Person doth Possess at the time of 
such Dividends Item that whereas for the better 
managing and Improving of the s^ Government Lands 
and Tenements and Carrying on the s^ intended Trade 
& other Designs at Our General Meeting on the 21" day 
of March last S?' Thomas Lane Knight was Chosen Our 
President & Edm? Harrison Esq'' Our Vice President 
& Eob^ Hackshaw Our Treasurer and Daniel Cox, 
John Irwin, Mordecai Abbott ; WiU™ Dunch, Jn? 
Bridges, W^ Wightman, Nicholas Hayward, Edw? 
Richier, James Boddington, Kob? Michell and James 
S* John were chosen a Committee We do hereby 
Covenant and Agree as af ? that the s? Persons shall be 
and Continue and Act as a Committee till the 25*^ day 
of March next ensueing the Date hereof Item that on 
the s? 25'.'' March next Ensueing every Year unless it 
happen to fall on a Sunday and then it shaU be on the 
26'." day of March the Generality of Us or Our Assigns 
shaU & wiU meet to Choose a President or Governor 
Vice President or Deputy Governor a Treasurer & 
Eleven Committee Men or Assistants who shall Con- 



1692] WEST JERSEY AGEEEMEXT ABOUT LANDS. 77 

tinue & Constitute and be a Committee for one whole 
Year from thence next ensueing which choice shall be 
made by Plurality of Votes, that is to Say that each & 
Every of Us or Our Heirs, Exccts and Assigns shall 
for every Ten Shares he doth Possess at the time of 
such Choice have one Single Vote Provided always 
that no one Person shall have above Ten Votes be his 
Shares never so many, and that he that hath not at 
Least Ten Shares shaU have no Vote, Provided also 
that no Person shall be Capable of being Chosen of 
the s? Committee unless he hath & doth actually Pos- 
sess according to the Society's Books at least Twenty 
Shares & in the s^ Choice it shall & may be Lawful! 
for any of Us our Heirs, Exccts or Assigns who Can- 
not Conveniently Attend the s^ General Meeting to 
send his or their Votes by any Persons Signifiying the 
Same by a Note under his or their hands Directed to 
the President or Governor or to the Vice President or 
Deputy Governor for the time being Item that as 
well the s? Committee that is already Chosen as all 
other Committees that shall or may Succeed them or 
the major Part of any such Five or more of them as 
shall Assemble in their usual Place of Meeting shall 
be Enabled and are hereby Impowered to Lett and Sell 
any Lands and Tenements and Appurtenances, Elect 
and Chuse a Deputy Governor for West Jersey c"c all 
other Factors Officers and Servants either beyond the 
Seas or in England and to Assertain their Salarys, 
Wages & Gratuitys <fe to Cause the Treasurer for the 
time being to Pay any Sum or Sums of the Socitys 
Money and to Buy; Sell, Trade, Build, Plant & do Per- 
form or Cause to be done and Performed all and every 
other ,Lawfull Act and Acts Thing or Things as to 
them shall seem meet and fit for Promoteing Our 
Common Benefitt which Act or Acts so done or Per- 
formed We hereby Promise, Covenant and Agree to 
hold for good firm and valuable and to be Concluded 



78 NEW JERSEY COLONIAL DOCUMENTS. [1692 

by the same, Item that Twenty Shillings shall be 
allowed & Paid by the Treasurer for the time being to 
the Committee for their Attendance at every Meeting 
to be Disposed among them that meet in such Manner 
and to such Persons as they shall Appoint Item that 
no Person shall make any Tranferr of any Part of his 
Interest or Shares but in the Companys Books and 
upon the Acceptance of the Buyer & Produceing of 
a Receipt from the Seller that the Money is Paid and 
that upon makeing of every such Transferr and 
Acceptance two Shillings and Six Pence shall be paid 
by the Buyer & the like Sum by the Seller to the 
Secretary for his Own Use & upon the first Admission 
of any new Member to be of the Society he shall Pay 
Ten Shillings to the Tre-esurer for the time being for 
the Use of the Society and shall Sign and Seal these 
Presents in the Companys Book of Subscriptions, 
Item that the Shares of each & every of Us Our Heirs 
and Assigns shall be Liable to make good all such 
Debts as are Owing by him or them to the s!* Society 
and also to make good all such Damages and Detri- 
ments as any of Us or Our Assigns shall Cause or 
Occasion to the Society in General by his their or any 
of their wilfuU Acts or Defaults Item that the Com- 
panys Accounts shall be Stated once a year by the 
Committee and Presented to the General Court who 
may if they think fitt Ch:se Auditors to Inspect and- 
Examine the s? Accounts, Item that all such future 
Orders, Votes, Agreements & Appointments as shall 
be at any time Ordered and Agreed to by the General 
Assembly or the major Part of them being Entered in 
the Minute Book of the Society and read over before 
their Departure shall be as firm, binding and valuable 
as if they were actually Subscrib'^ by the s? General 
Assembly or every individual Person of Them. Dated 
in London the fourth day of April Anno. 1692: — 
Thomas Lane • Isaac Cocks # Joseph Brooksbank# 
Edmund Harrison # Mch" Hayward # Ar' Shallett # 



1692] 



WEST JEESEY AGREEMENT ABOUT LANDS. 



79 



Eobert Htickshaw 
Mordecai Abbott 
James St John 
Edw" Riehier 
Will"' Wightman 
Obadiah Burnet 
Fran' Michel 
Joseph Paice 
John Bridges 
John Irwin 
John Albertson 
Tho: Skinner 



Will"' Dunch 
Hen? Harrington 
Will"' Thompson 
Ja' Boddington 
Eob' Curtis 
Nich; Battersley 
John Gunston 
John Slany 
Ben: Steele 
Tho:Phipps 
EdAvard West 
John Whiting • 



Joseph Allen ^ 
John Sweetappleil 
Michael Watts d 
Cha'i Michel <i 
Era: PaunceforteH 
John Norton d 
Nehe: Earning <[ 
Will: Brookes n 
Rich!' Greenawayii 
Rob: Michel i 

John Love d 



Note— M- John Lamb Sold & Transf err'd his Shares 
to M"' John Slany who signed the foregoing Articles — 
M!" Edward Habersfield Sold & Transferr'd his Shares 
to M.'' John Whiting who Signed the foregoing 
Articles — MJ" John Wilcocks Sold and Tranferr'd his 
Shares to S-'. Thomas Lane who Signed the foregoing 
Articles M;" Eichard Mayo Sold and Transferr'd his 
Shares to MJ John Irwin who Signed the foregoing 
Articles — 

Note also — That the Shares belonging to M!" Rich^ 
Bromhall, Mr Tho^ Bromfield, M^ Edw.^ Paunceforte 
& M'.' Jonathan Netheway are still remaining in their 
own Names — 

The Originals Articles of Agreement whereof the 
foregoing is a true Copy are Entered and Recorded at 
the begining of the Transfer Book belonging to the 
West New Jersey Society and there Sign'd and Sealed 
by the Respective Persons before mentioned Witness 
my hand this 21'.' October, 1742. 

John Stephenson. 

John Stephenson of London Gentleman maketh 
Oath That the Paper Writing hereunto annexed Pur- 
porting to be Articles of Agreement is a, true Copy of 
such Articles as appears from the Original with which 



80 NEW JERSEY COLONIAL DOCUMENTS. [1602 

this Deponent has Carefully Examin'd the Same, 
Which s!* Original Articles are Entered & Recorded at 
the Begining of the Transfer Book belonging to the 
West New Jersey Society and is Signed & Sealed by 
the Respective Persons therein mentioned. 
Sworn the 21*^ of October I John Stephenson 
' 1742. before Me - - j 

Geo: Heathcote Mayor 

To all to whom these Presents shall Come I George 
Heathcote EsqJ' Lord Mayor of the City of London In 
Pursuance of an Act of Parliament made & Passed in 
the fifth year of the Reign of Our Sovereign Lord King 
George the Second, Instituted an Act for the more 
easy Recovery of Debts in his Majesties Plantations 
and Colonies in America Do hereby Certify That on 
the day of the Date hereof personally Came & 
Appear'd before me John Stephenson of London Gen- 
tleman being a Person well known & worthy of good 
Creditt and by solemn Oath which he then took before 
me upon the Holy Evangelists of Almighty God, Did 
solemnly and sincerely Declare Testify and Depose to 
be true, the Several Matters & things mentioned & 
Contained in the Original Affidavit hereunto Annexed. 

*~— * In Faith and Testimony whereof I the s*^ 
■j L s j- Lord Mayor have Caused the Seal of the office 
*"--* of Mayoralty of the s!" City of London to be 
hereunto Putt & Affixed ; And the Paper Writing 
mentioned & Referred to in & by the s? Affidavit to be 
hereunto also Annexed. 

Dated in London the twenty-first Day of October 
in the Year of our Lord 1742. 

Baynbridge 



'The Oriprinal Record bears also a note in the margin '• Recorcled November 16th, 
1744."'— Ed. 



1692] COMMISSION TO JOHN BARCLAY. 81 



Commission to John Barclay, {and in case of disability 
on Ms part to John Reid,) as Surveyor General of 
East New Jersey. 

[From the Original in the Library of the New Jersey Hist: Soc:J 

The Committee of Proprietors of tlie Province of 
East New Jersey residing in and about London 
on behalf of themselves and the rest 'of the 
Proprietoi'S of the said Province. 

To our trusty and ivell beloved friends John Barclay' 
and John Reid both of the said Province 

Greeting 

Wee the said Proprieters having good Opinion of 
your Skill prudence and Integrity have nominated and 
constituted and appointed and do by these p''sents 
nominate Constitute and appoint you the said John 
Barclay to be Surveyor Generall of the said Province 
of East Nevi^ Jersey hereby authorizing and impo wring 
you by your Self & such as you shall depute & appoint 
to lay out bound and Survey all Allotments of land 
whether Generall or particular publique or private 





iJoHN Barclay was a brother 
of Governor Barclay. He first 
came to the Province about 
^^/ the time of its purchase by 
the twenty-four proprietaries, 
but returned to England in 
108:? and remained there a year or two. On his return to the Province in 1G84 or 
1685 he took up his residence at Elizabethtown, but removed thence to Plainfleld 
and subsequently to Perth Amboy. He was deputy Surveyor under George Keith 
whom he succeeded, being sworn into office under this commission on 1st November, 
169<!. He continued to hold prominent positions in the proviuce until his death in 
1731 at an advanced age, bearing the character through life of a good neighbor and 
useful citizen.— Smith's New Jersey, p 4'J4, Whitehead's Contributions to the Early 
History of Perth Amboy, p 42. For notice of John Reid see Vol. I p 510.— En. 

7 



82 XEAV JERSEY COLOXIAL DOCUMENTS. [1692 

relating to any person or persons whatsoever accord- 
ing to such Warrants as you shall receive fi-om the 
Gov' and Oouncill of proprieters in the Said Province 
that are to he grounded on Such orders as hath been 
sent and are now in force or that shall hereafter be 
made by us or the Major part of us residing in & about 
London and sent under the publique Seal of the s'' 
Province and signed by William Dockwra our Secre- 
tary and Register, or the Secretary and Register for 
the time being and ot all such Surveys of land as shall 
be made by you or your Deputy from time to time 
You the said John Barclay are to make true Report 
by Certificates in Writing mentioning the Scituation 
and quality quantity lines and bounds of all such 
tracts of land as particular as conveniently may be, 
expressing the name of the person for whom each 
tract is Surveyed and the Warrant you re&} for so 
doing and on what Order of the prop7 it was grounded 
& the date thereof Which reports or Certificates you 
are to deliver to the Secretary and Register of the said 
Province or to his Dep7 or Dep'^'.''* for the time being 
that he may enter and file such respective Reports or 
Certificates of Surveys of land in his Office And you 
the s'' John Barclay are hereby impowered & author- 
ized to do all such other act or acts thing or things 
which do belong or appertain to the Office of Surveyor 
Generall within the said Province to the best of your 
Judgement and Skill, and with all Justice care and 
fidelity, and for your doing the business and duty of 
your Office you are to receive such Salary fees and 
perquisites as do already belong to the Office of Sur- 
veyor Generall or (by the Generall Assembly of the 
said Province) shall hereafter be appointed for the 
same And in case of the death or disability of the said 
John Barclay We the said Proprietors do hereby 
nominate constitute and appoint you the said John 
Reid to be our Surveyor Generall with all the like 



1692J 



COMMISSION TO JOHN BARCLAY. 



83 



powers and authorities and with the same directions 
appointments and duty on your part with the hke ff ees 
and allowances given and granted to the said John 
Barclay: This patent & Commission to continue and 
be in force for one whole year from the date hereof and 
so long after untill the Committee of Proprietors 
residing in and about London or the Major part of 
them Shall appoint some other p'son to be Surveyoi' 
Generall in the room of the said John Barclay and the 
said John Reid or either of them by patent or Com- 
mission sent from London under the Seal of [the] said 
Province & signed by William Dockwra Secretary and 
Register of the said Province or by the Secretary and 
Register for the time being [up) on the arrivale of 
which to the hands of the Governor or Councill of 
Proprietors for the time being This present Patent or 
Commission to be [void?] Given in London under the 
Seale of the said province of East New Jersey the 
Sixth day of April in the fourth year of the [reign of] 
William and Mary of England ff ranee and Ireland 
King and Queen Defenders of the ffaith &c: Anno 
Dom one thousand six hu[ndred and] ninety two. 
[Signed] by order /TYqS' CZ7>» 

[of the] proprietors S^f^jVUJj Cti 



^Snmu 



Agent Seer. & Reg' 




84 



NEW JERSEY COLONIAL DOCUMENTS. 



[1692 



[On the back of the foregoing document. J 
I the within named John Barclay doe hereby 
Solemnly promise to beare true alleageance to King 
William and Queene Marie King & Queen over Eng- 
land &c theire heires and Successors, and be true and 
faithfull to the interest of the Lords Proprietors of the 
Province of East new Jersey and to theire heires 
Executors & assignes, and I will endeavour the pease 
and welfaire of the said Province, And I will well and 
faithfully discharge the office of surveyor generall in 
the said Province, And doe equall Justice unto all men 
according to my best skill and Judgement without 
corruption favour or affection witness my hand this 
first day of the month called November 1692. 

John Barclay 
Coram me And: Hamilton 



Instructions from the Proprietors of East Jersey in 
London, to Governor Andreiv Hamilton'. 

[From the Original among the manuscripts of W. A. Whitehead.] 

Instrucc'ons from the Proprietors of East New 
Jersey Residing in London to Coll. Andrew 
Hamilton Governor of the said Province- 
touching their Quit Rents, 

!*.'■ Some short time after your arrival in the said 
Province You are to cause the Secretary and Receiver 
General of the said Province to make true Rent Rolls 
or Schedules of all the Quit Rents reserved and paya- 
ble to the Proprietors from any Towne Freeholders 



' For notice of Governor Hamilton see Vol. I., p. 509. -Ed. 



1692] nsrSTRUCTIONS to GOVEimOR HAMILTON. 85 

and Inhabitants within the several Counties of the 
said Province, viz? One distinct Rent Roll or more 
for every County, and so set down therein what quan- 
tities of Land Each Town or person holds under those 
Rents and the dates of their respective Patents and 
to remit such Rent Rolls to us. 

2V' You are to order the said Receiver General to 
remit to us by the next opportunity an exact account 
of all Arrears of Rent due to the Proprietors and from 
whom and for what time such Arrears are Incurred. 

'Vy You are to take care that the Receiver Generall 
shall yearly remit to us an Acco? of all new Tenants 
that shall take up Land upon Quit Rents and of all 
Quit Rents he shall receive To the Intent the Proprie- 
tors may take order for the distribution of the said 
Rents. 

4'.^' You are to cause our Receiver Generall forth- 
with to demand all arrears of Quit Rents due to the 
Proprietors from any Towns or particular persons in 
the Province And if any Town or particular person 
shall refuse to pay such Quit Rents or to secure the 
same to your good liking you are to order our Receiver 
general to distrain upon the goods and Chattels of 
such Town or Towns and Persons and in default 
of distress to sue them in due Course of Law for the 
Recovery of Such Quit Rents. 

5'?' Whereas our Quit Rents are now payable in the 
Products of the Country, and it often falls out that the 
planters have not in readiness such Product of y' 
Country as will exactly answer the value of their 
rents, whereby differences sometimes arise betwixt 
our Receiver general and the Planters, who are apt to 
think they part with their goods under the Market 
Prise. For y' prevencon therefore of all misunder- 
standings which may otherwise arise upon that acco? 
You are to propose to all the Towns Freeholders and 
Planters within the said Province who do or have their 



86 J^EW JERSEY COLOKlAL DOCUMEKTS. [1692 

Elec'con to pay us any Quit Rent in the Product of the 
Country That if they or any of them will pay down 
or secure to your good liking all their arrears owing 
by them and pay their Rents hereafter to grow due on 
the Five and Twentieth day of March yearly or within 
One and Twenty days after in money, To our Receiver 
General for the time being or his deputy at such place 
or places as he shall appoint, Such persons shall have 
for the future an abatement or deduccon after the rate 
of Ten Pounds per Cent of their Quit Rerts they shall 
so pay in And if the Townes Freehold'* and Planters 
or any of them shall agree to such a Proposall You are 
to Enter such agreem' upon Record in the public 
Register of Our Province, or to get it passed into an 
act by the General Assembly as you and the Persons 
agreeing shall think fitt. And of this you are to give 
public notice by causing copies of this to be posted in 
the public places of all the Principal Towns within 
Our Province as soon as may be after your arrival 
there And to enter these Instrucc- ons in the Public 
Register of the Province. Given under the seal of the 
Province of East New Jersey in London this ninth 
day of Aprill. Anno Domim 1692. 

Signed by order of the Proprietors 

Will'" Dockwra, 

Agent Seer and Reg.'' 



1693] ANDREW HAMILTON AS GOVERNOR OE N. J. H7 



Commission to Colonel Andrew Hamilton, to he Gov- 
ernor of West Jersey . 

[From West Jersey Records in Secretary of State's Office, Trenton, Liber. B' p 287 

(B2p657).l 

To our trusty and welbeloved friend Colonel An- 
drew Hamilton. 

Greetinii 

Whereas the Hereditaiy Governm* of the Province 
of West New Jersey in America by due & Legall 
Right was lately vested in Daniel Cox Esq' and by 
Conveyance duely executed hath beene by him as- 
signed and Transferred to S' Thomas Lane Knight 
Edmond Harrison Esq' and severall others rightfully 
thereunto and that by Authority from them under 
their hands & seales toee the underwritten being chosen 
their Comittee and impowered to nominate Constitute 
and appoint such Deputy Governo' for the well order- 
ing and Governing the said Province as to us shall 
seeme meet And wee haveing great Confidence in the 
Ability Prudence and integrity of you the said Andrew 
Hamilton Have nominated Cons ituted and appointed 
and doe hereby nominate Constitute & appoint You 
our Com'issioner and Deputy Governo' of the said 
Province. Giving you full power and Authority to 
order & Governe the same together with all the Isles 
Islands Rivers and Seas within the same or belonging 
thereto And to doe all and every thing- and things 
which to the charge and office of a Goveino' doth 
appertayne for the space or Terme of one whole year 
from the date of these p'esents and soe long after 
untill some other person bee nominated and Consti- 
tuted Deputy Governo' in your roome by another 
Comission sent from London and arrived in the said 



88 XEW JERSEY COLOXIAL DOCUMENTS. [l09ii 

Province there to be published on which this p'esent 
Com'issione to be voyd Com'anding all inferiour 
officers both Civill and Military to obey You the said 
Andrew Hamilton as our Com'issioner or Deputy 
Governo' according to this our Com'ission and the 
powers hereby given you and according to the Laws 
and Constitutions made or confirmed and to be made 
or confii-med by us which you the said Deputy Gov- 
ernour are your selfe to observe and follow as to your 
duty and office doth appertayne as also to observe & 
fullfiU all such orders as shall be made & sent to you 
by us or the Com'ttee for the time being under the 
Public Seale of the said Province And further we do 
give you the said Andrew Hamilton power to nomi- 
nate and appoint by Com'ission under your hand and 
Seale a Coni'lssione"^ under you to serve in the said 
Province during your necessary absence therefrom 
but noe longer Hee the said Sub Com'ission' observing 
and fullfilling all such orders as shall be made & sent 
under the said Publick Seale by us or the Com'ttee for 
the time being and Governing according to the Lawes 
& Constitutions of the said Province Given in London 
under o'" hands & the Publick Seals of the said Prov- 
ince of West New Jersey this Eleventh day of Aprill 
Anno Domini 1692 And in the ffourth yeare of the 
Reigne of our Sov'aigne Lord & Lady William and 
Mary by the Grace of God of England Scotland 
ffrance & Ireland King and Queene Defenders of the 
ffaith &c: 

^-^■^^^ Thos: Lane Pobl^ Hackshaw James S' 
\ '°.T I ' John Dan: Coxe John Jurin Edm: 
] provi'nc \ Harrison John Bridges Mord : Abbott 
W™ Wightman Rob: Michel 



*. 



1692] WEST JERSEY LETTER TO GOVERKOR FLETCHER. 80 



Proprietors of West Jersey to Governor Fletcher. 

LFrom N. Y. Col. Docts, Vol. III., p. 8-38. ■ 

London primo June 1692. 

Sir D' Coxe having sold us his interest in West 
Jersey and together with the land the hereditary gov- 
ernment thereof; and understanding their Majesties 
have conferred upon you the governm' of Nevs^ Yorke : 
doe think ourselves obhged to congratulate y' accession 
to that hon^''' iniploy. and account ourselves happy in 
having soe good a neighbour whose prudence and 
integrity will we are perswaded secure us from appre- 
hensions of those mean artifices [that] have been 
employed by preceeding Governors or their ministers 
to incroach upon our just right and legall privileges. 

Sir wee shall realye manifest our respects to your 
Excellency upon ace' of your personal virtues and pay 
all due reference to the carrecter their Majesties have 
given you, which all persons who have the hapiness to 
know you assure themselves and others you will 
worthily sustain. 

We have ordered all persons under our jvrisdicfcion 
to be assisting to you in promoting the com'on defence 
in case of general danger; which happening to be soe 
extraordinary as to call for your personal assistance 
into our Province, wee have given orders that during 
your stay there you have the chief co'mand of all our 
militia And as we believe all the North Continent 
in America under their Majesties most auspicious 
government will be benefitted by the happy influences 
of your good conduct in warr, and administration of 
justice in time of peace: so we promise ourselves in 
perticular as being your more immediate neighbours 
your friendly assistance and advice 



no NEW JERSEY COLONIAL DOCUMENTS. [1692 

We are Sir your Excellency's most obedient sarvants 
R"^ Hackshaw Edm. Harrison 
MoRD. Abbott John Turin 
W" WiGHTMAN Dan. Coxe 

James S"^ John 
Indorsed. The copy of a letter from the Proprietors 
of West Jersey in America to Coll. Fletcher received 
at Deal the Tth June 1693. ReC' from Coll. Fletcher 
from Deal 9 June 1692, with a letter wherein he says 
he had rec" the original by the hands of the Govern' of 
New Jersey. 



Proprietors of East Jersey to the Board of Trade. 

[From N. Y. Col. Docts, Vol. m., p. 838.] 

The Proprietors of East Jersey having in obedi- 
ence to your Lordships co'mand met and considered 
what force they can raise for defence of their Province 
and how far they can assist New Yorke in case of 
an invasion do humbly represent to your Lo"''' That 
they have sent Instructions to the Governo"" of their 
Province to raise the Militia forthwith, to take care 
that they have good arms and ammunition, to exercise 
them often, and to be always in a readiness to gTiard 
the sea coasts, and other places of the Province 
exposed to their enemies. 

That they will endeavour and have reco'mended it 
to the Generall Assembly and inhabitants of their 
Province, that in case New Yorke shall be invaded by 
the French, such part of the Militia of East Jersey 
shall be sent to the assistance of New Yorke as can be 
spared without exposing East Jersey to a descent of 
the French by sea, to which by its situation upon large 



1692] COMMISSION TO JEREMIAH BASSE. 91 

navigable rivers, it lyes very open; but the said Gov- 
ernour and Proprietors, being advised by their Councell 
that they have no power by law to compell any of 
their Militia to march out of the Province of East 
Jersey: dare not engage for any certain Quota to assist 
New Yorke, lest they should be answerable for all the 
ill consequences that may attend the disappointment 
of such an undertaking. 

Dan. Coxe 

By the Consent and Order of the other Proprietors 

[June 1692] 



Commission from the Members of the West Jersey 
Society in England, to Jeremiah Basse ' as their 
Agent. 

[From West Jersey Records in Secretary of State's Office, Trenton, Liber. B p 301.] 

S": Thomas Lane Knt* Edward Harrison Esqf and 
the E-est of the C'om'ittee for the West New 
Jersey Society. 

To our Trusty and welbeloved Jeremiah Basse 
Gentleman. 

Greeting. 

We reposing especiall Trust and Confidence in the 
fidelity prudence knowledge and Provident Circum- 

' What was the precise position 
held at this time by Mr. Basse is not 
known. Some years previously he 
had been an Anabaptist mininter. 
How long he remained in New Jer- 
sey after receiving this commission 
is uncertain, but on the 15th of July 
1697, he being then in England, he 
was appointed Governor of both 

East and West New Jersey, but did not reach the Provinces until the Spring of 1698. 

Many of the leading men, particularly in East Jersey, were opposed to Governor 




02 NEW JERSEY COLONIAL DOCUMENTS. [169'^ 

spection of you the said Jeremiah Basse have made 
constituted and ordained and by these presents doe 
make Constitute and ordaine you to be our Agent in 
West Jersey aforesaid To take up Lands there To in- 
spect &, direct ye seUing & buying of our Goods and to 
Act observe & doe to the best of your power all such 
other matters as concerne your respective employm*' 
as aforesaid And we doe hereby com'and you all our 
ffactors & Servants in West Jersey aforesaid to give 
you the said Jeremiah Basse due Respects as to our 
Agent doth appertaine. And you are to observe & 
folio we all such oi-ders & directions as you already have 
or hereafter shall from time to time receive from us or 
any ffive of us. In Witness whereof wee have caused 
our Common Seal to be hereunto affixed this fourth 
day of June Anno Domini 1692 — And in the fourth 
yeare of the Reigne of our Sov'"aigne Lord & Lady 
William & Mary by the Grace of God King & Queene 
of England Scotland ffrance & Ireland Defenders of 
the ffaith &c : 

* Thos: Lane John Jurin Rob: Michel 
I Ro*? Hackshaw James S' John. 




Basse for various reasons ; and, on the appointment of Andrew Hamilton, in 1699 
he returned' to England, and came not again to New Jersey until 1703, when he 
received the appointment of Secretary to Lord Cornbury and partook of the 
obloquy of his Lordship's administration. Tlie House of Asseaibly, in 1710, openly 
accused him to Governor Hamilton of malversation in office, he then being not 
only Secretary of the Province, but also Clerk of the Council and Prothonotary of 
of the Supreme Court. In 1712, he became Surveyor of the Customs at Burlington. 
In 1716, he was elected a Kepresentative from Cape May County, of which he was 
then a resident, and. La 1719, was Attorney General of the Province, indicating the 
possession of greater popularity. Succeeding documents exhibit very clearly his 
character and attainments, and his influence for good or ill in the administration 
of his official duties. His relations to the Baptists appear to have been given up, and 
during his residence in Burlington, he became much interested in St. Mary's Pro- 
testant Episcopal Church. He died in 1735, leaving a widow, two daughters, 
(Katherine and Aidi), and one son. Burchfieid. Katherine married Robert Talbot, 
son of the Rev. John Talbot, the muiLster of the parish.— East Jersey Under the. 
Prop. Govts., 2d Edt.— Hill's History of the Church in Burlington.— Records of 
Governor and Council of East Jersey, 1682-1703. Ed. 



IG92] IKSTRUCTTONS TO DEPUTY GOV. OF W. J. 93 



Instructions to the Deputy Governor of West Jersey. 

[From the New Jersey Col. Docts., Vol. Ill, p 8.39.] 

Instructions fmrn tlie Govern'" and Propriet^^ of 
West Jersey to tlieir Deputy Govei'nour con- 
cerning the Militia of tliat Province^ 

Whereas the security of our said Province in this 
time of war depends next to the Providence of Al- 
mighty God upon a well regulated Militia and an 
union with the neighbour Colonies for their mutual 
defence against a common enemy in case of an inva- 
sion made upon any of them. — 

1 You are are therefore as soone as these Instructions 
arrive forthwith to raise the militia of our Province 
to take care they have good arms and ammunition, 
and to exercise them often, that they may be expert 
at the use of their arms, and be readj^ to march at 
your summons. 

2 That when an invasion of any neighbour Colony 
shall require assistance from our Province, you shall 
take care to send a number of our militia propoi"tion- 
able to the assistance sent by any neighbour Colony, 
and to retain such number of our militia at home as 
may be sufficient to preserve our own Province in case 
of a descent made upon it by sea, to which by its 
scituation upon navigable rivers it lyes much exposed. 

3 That when any part of our Militia march into a 
neighbour Province in case of any invasion you co'm- 
and them yourself, or put them under the imme- 
diate command of some other Officers, inhabitants 
of West Jersey, subject to the Govern' of the Province 



1 Similar iustructions, mit^o^/s mutandis were given by the Proprietors of East 
Jersey to Colonel Andrew Hamilton, their Governor there.— J. R. Blrodhead.] 



94 NEW JERSEY COLONIAL DOCUMENTS. [1692 

into which they shall march: unless their Maj^'" Gov- 
ern' of New York with his forces should be there. 

In such case you are to observe the orders of their 
Maj"" Govern' of New York during his stay. 

4 You are likewise forthwith to call a Generall As- 
sembly of the said Province to concert such further 
measures as may be found necessary for the better 
preservation thereof and in particular to raise a fund 
for the maintenance of such part of the militia as 
shall be advised to march into any neighbour Colony 
where the invasion of our enemies shall require their 
assistance. 



Letter from the West Jersey Society to the Rev. 
Thomas Bridges.' 

[From West Jersey Records in Secretary of State's office, Trenton, Book B.] 

A I7^ fi-om y^ West Jersey Society in England to 
M"; Bridges. 

London y*^ ^9':'> July 1692 
S! Wee are informed by Dr Coxe that yo" declare 
yo'selfe inclyned togeather with divers other Inhabi 
tants of the Bermudas to remove unto & reside in 
West Jersey Wee are very glad a Person of yo' 
Principles & pfession should entertaine such thoughts 
ffor having received an Hono''' Character of you from 
diverse wee expect not onely benefitt should accrue 
unto the Inhabitants by yo' Pious Instructions accom- 
panied with an Exemplary life But also by yo' Pru- 



' Rev. Thomas Bridges was of the English Church residing in the Bermuda 
Islands. Whether he accepted the invitation is not known.— Ed. 



1 fi92] WEST SERSEY SOCIETY TO REV. TUGS. BRIDGES. 05 

dentiall Council in reference to Civill & Secular affairs 
wherein yo" have been Providentially necessitated to 
Exercise yo'salfe And as wee have been assured very 
successfully: S"" if yo" are confirmed in yo"^ resolution 
Avee shall give you all y'' Encouragem* Countenance 
& Authority wee are Capable of. Many Pei-sons in 
diverse Parts of ye Country have frequently exprest 
their desires of a Minister & assure us they will Con- 
tribute towards his Comfortable subsistence & pay 
him all that duty respect & deference his worke 
deserves And for that D!" Coxe hath Conveyed unto 
us y'' Government of the Country with great part of 
his Lands ffor your Encouragem' upon your Arrival 
wee will give order that you may in what Scituation 
you please take up Two Thousand Acres one Thousand 
to be yo' owne in ff ee forever The other to be annexed 
unto y'' office & descend unto him who shall Succeed 
you When ever it shall please God by your death or 
otherwise to cause a vacancy. Wee are besides con- 
triveing some other Methods whereby to render your 
station more comfortable Honourable & Profittable 
and 'doubt not but wee shall Conclude to your fuU 
satisfaction and all those who accompany you shall 
find fair dealing Encouragem^ Protection and assist- 
ance from 

S'' Your affectionate ffriends and Servants 

Tho: Lane: Edm: Harrison 

E: Richier: W*' Wightman 

James Boddington: Rob: Michell 
John Jurin: James S?^ John. 



96 NEW JERSEY COLONIAL DOCUMENTS. [1692 



Letter from Daniel Coxe to the Rev. Thomas Bridges. 

[From West Jersey Records, in the OfBce of the Secretary of State at Trenton, 

Book B.] 

A Lre from Dan" Coxe of London Es(j'" to M"" 
Thomas Bridges, 

I received yo's & returned an answer ye last Moneth 
but fearing that should not come seasonably to yo"* 
hands & haveing I hope a safe Conveyance I deter- 
mined to neglect noe opportunity whereby I might 
manifest y'' friendship I cherish for you & Confirme 
you in ye designe of favouring a Countrey wherein I 
am deeply Concerned & whose welfare I would pmote 
for y" sake of y" Inhabitants abstracted from my owne 
Interest which will I am very Confident be much 
advanced by yo' presence sound Doctrine & Exemplary 
life And I hope you will thereby reap not only y'^ 
satisfaction of haveing faithfully served our great 
Master in y" great work of Converting & Confirming 
precious Immortall Souls: But I verily beleeve you 
will be rewarded w'h y'' blessings of a quiet pleasant 
healthfuU residence: And in y° Love & Esteeme of 
those who shall voluntarily come under yo" Pastorall 
care with due maintenance: Togeather with Civill & 
Christian Eespects from others of different perswa- 
tiong. Besides which you will have y*" Authority En- 
couragem' & assistance of those unto whom I have 
delegated y'" Governm* of West Jersey unto whom I 
have given a Character of yo' Person an Account of 
yo' behavio' in diverse parts whither you have beene 
providentially called they have signified their satisfac- 
tion in a Letter which yo" will receive I suppose by y*" 



1692] VV. J. PROPRIETORS IN ENGLAND TO J. BASSE. 97 

same Conveyance which brings this ; Besides what 
they have proposed I do hereby faithfully assure yo" I 
will make yo" a Considerable annual allowance to be 
paid you in money dureing my Hfe if you soe long 
Continue your residence in our Province. That y*" 
onely wise God would Councell you in y*" disposall of 
yourself prosper & succeed all your Generous Pious 
designes & undertakeings is & shall be the Constant 
fervent prayer of him who is 
Dear S"^ 
You"" most affectionate friend & faithful servant 

Dan: Coxe. 
August 5*" 1692. 



Letter from the Proprietors of West Jersey in England, 
to Jeremiah Basse. 

[From West Jersey Records in Secretary of State's office, Trenton, Liber B 2, page 

423.] 

Letter to Jeremiah Basse from ye Societie signed 
on their behalf by Robert Hacksliawe.^ 

London ye 24*^ December 1692. 
M" Jeremiah Basse 

S.'" wee are not a litle Concerned that wee have not a 
Line from yo" though ye Bill by you drawn for 30:* 
sterling In Exr for 40^ New York money is come to 
hand & yo' money ordered to be paid wee are wilhng 
to put ye best Construction upon our want of yo' 
advise hoping that you have written us by ye Katha- 
rine Cap* Goff who was taken & carryed by ye ff rench 



' See page 91 for his Commission, given in June, 1602, on the receipt of which he 
appears to have departed for New Jersey.— Ed. 

8 



98 Hew jersey coloxial documents. [1692 

to S* Mallows, for ye future when a ship come away 
take care to write us by both wee have already written 
you diverse Ler by this Boarde to which we refere 
yo" And now have further to acquaint yo" that wee 
have lately agreed with Docto"^ Coxe to purchase ye 
remaining one third of the Lands which hee sold us 
two thirds of our first purchase wee also bought of 
him ye 4000 Acres at Cohanzy or Salem Tenth Side 
which hee saith hee ordered yo" to take up for him 
wee have further agreed with him that if you should 
have taken up any other lands for him they should be 
ours Therefore Charge our Acco* with yo"^ disbursm" 
for what yo" may have soe taken up and Lett them be 
reckoned as part of the Eight Proprieties untaken up 
which we have bought of him and doe the like with 
respect to ye Charges for ye 4000 Acres at Cohanzy on 
Salem Tenth Side wee cannot now send yo" Copy of 
ye writings because they are not yet executed but they 
shall be sent as soone as wee can, We have ordered 
M.'' Westland to agree with a ffrench Cooper now at 
Phmouth who is recommended to us as a man well 
skiird not only in makeing of Cask which is the thing- 
wee principally aime at but also in makeing of rome 
& brandy pray try his skill in all these pticulars and 
let him not be Idle but be provideing of good store of 
Oyle Casks against next ffishing Season And when ye 
Season of ye yeare is fitt for it lett him exercise his 
Talent a litle in makeing some wine and send us a 
Cast of each sort the rome in a small Caske & the 
Brandy in Bottles because that cannot come in Caske. 
We have lately received a Survey of our Land taken 
up at Cap'' May Copy whereof wee suppose you will 
have in y'' Country If any good Chapnen present for 
any part of our Land don't refuse them only with this 
Provisoe that you sell none of ye Land that Lies Con- 
venient for ye whale fishing till you heare further 
from us wee meane the Land upon Cape May lying 



Ifin2] W. .T, PROPRIETORS IX RXGLAXD TO J. BASSE. 99 

next ye Bay or upon ye Sea Coast fo' that wee will not 
sell. But any of the rest you may sell wee suppose 
wee need not reminde you of giving us Ample advise 
of all things as well Concerning ye whale fishing ffuii' 
trade mines & mineralls our Land in Pennsilvania 
which if a good Chapman offers wee would willingly 
part with As also the two Proprieties above the ff alls 
surveyed &. purchased by the Doctor of the Indians a 
further purchase wee have also made of the Doctor 
which hee bought of Thomas Budd Containing 15 
Thousand Acres of Land that was allotted said Budd 
by the Country for satisfaction of a Debt of 125(i~ 
which they owed said Budd and for which Doctor- 
Coxe paid the said Budd. is said to be the best Land in 
the Province, pray give us your thoughts of it And if 
you can have Chapmen that will buy it for twelve 
pounds p hundred Acres which price ye Doctor assures 
us it will yield you may sell what you t;an of it only 
reserving to us some part of it near the River where 
the best oaks grow for the Doctor tell us there are 
upon it the best oaks in ye whole Country. Dl' Coxe 
hath Informed us that Land is sold for 10^ p hundred 
Acres but rather than fayle you may sell that above 
the ffalls & in Pennsilvania for 5~' p hundred Acres 
Jersey money or any other except that of Tho: Budds 
& Cape May. You must also take care you doe not 
sell any so as to prejudise the rest which will be if you 
lett them take up all of the best & none of the worst 
Land with it But your prudence will in that Case 
we suppose direct you better than we Can. Not also 
till we heare from you but that wee are 

Yo' Lo: ffriends 
Rob: Hackshaw by order of ye Committee. 
The originall is signed by S' Tho: Lane: Edw. Harri- 
son, Rob- Hackshaw, Rob* Michell W"^' Whitman, 
Charles Michell, Mordecay Abbott, James Boddington. 



100 NEW JEKSEY COLONIAL DOCUMENTS. [1693 



Solicitor GeneraVs Report on the Charter of Con- 
necticut, and on the Grant of New Jersey. 

[From New York Col. Docts, Vol. IV., p. 1.] 

May it please your Lordships 

In obedience to your Lordships orders of the 8*.'* 
Instant here unto annexed I have considered of the 
Charter granted to the Gov."" and Company of Con- 
necticutt, and I have also considered of the Grants 
made to the Proprietors of East and West New Jersey 
in America and I am humbly of Opinion that notwith- 
standing any thing in the said Charter or Grants, that 
there Majesties by virtue of their Prerogative and 
Soverainty over those Colonies, which is not granted 
from the Crown to the Gov!' and Company, nor to the 
proprietors by any of the Chart" may appoint Gov- 
ernors for these places with such Powers, and authori- 
ties for the Government thereof, and for raising men 
and furnishing Provisions for the necessary defence of 
his Subjects and the neighboring Colonies against their 
Enemies as their Majesties shaU in their great wisdom 
judge reasonable. 

And I conceive that the Proprietor of New York 
may assign his Propriety in New Jersey which is part 
of New York to others but cannot by any such Grant 
or Assignment absolutely sever New Jersey from New 
York but that still it remains a part thereof and 
dependent on the Gov'm* of N: York and lyable to 
contribute men and provisions for the supp^ and pro- 
tect" of N: York against any Enemys. 

13, Feb: 169f Tho: Trevor. 



1093] EAST JERSEY PROPRIETORS TO GOV. HAMILTON. 101 

From William Dockwra, Secretary and Register of 
the Proprietors of East Jersey, to Governor 
Hamilton. 

[From the Original among the Manuscripts of the N. J. Hist. Society.] 

Governor Hamilton 

S' Wee kindely salute you, haueing this day read 
yo' letter p' Cap* Phillips w'^'' came via Barbados date 
at Perth Aniboy the 30'' Septemb: last with another 
therein enclosed of the same date signed by M"" Kic? 
Hartshorn by order of the house of Deputies as their 
Speaker, and by M' Gordon by order of the Councill 
as Deputy Secretary. Wee are well satisfied w'." the 
care and conduct you have showed in the asserting 
our right to y'' Governm* <k yo^ own authority by 
our Commission an order to y® good & quiet settlem* 
of the Province. 

And we doubt not but a httle time will make it 
manifest, that all those who haue perform'd their 
dutyes in a ready complyance w*^.** you, haue therein 
consulted and adheerd to their tnie interest & the 
publique good of the whole Province, and those few 
who haue opposed you will quickly repent & correct 
their Errors. Our future Actions shall declare that we 
doe not more designe our own Interest than the reall 
prosperity of that province ouer w'^'' you preside. 

Wee shall gladly receive the best information, how 
we may be enabled to increase y'' number of people to 
etle in the Province & to advance the trade thereof, 
particularly we desire to know whether a Whale 
fishery may not be established to good advantage at 
Egge harbour or Barnagatt and the best measures to 
be taken for it, wee being well assured that there is a 
very great resort of that fifish especially (as well as 
others) vpon o' coasts the Oyle & bone being very 
staple commodities here, 

Pray give our kinde respects to M' Hartshorne 



102 NEW JERSEY COLONIAL DOCUMENTS. [1693 

Speakei- of the Assembly and to all the rest of the 
members as you haue opportmiity, theh' answer to our 
letter being very weU resented, and wee desh-e you to 
acquaint y"' that wee shall take due cai-e to represent 
to their Maj"f' (or cheife Ministers of State their 
peaceable & dutiful! behaviour to them & us vnder 
yo-' Government, and particularly of their i-eadynes to 
comply w^l" their Majesties pleasure to give such 
assistance to their neighbours ag* the com 'on Enemy 
(as they are able to doe) in case of any exigency. 

The Government & inhabitants of New-Yorke, 
according to their wonted custom haue very lately by 
their Agents been solliciting again at Court, for an 
Annexation of both the Jerseyes to that Province, but 
have been frustrated in their designe and we Httle 
doubt all future attempts of that kinde will meet w"' 
no better successe. 

Wee are the more easie in this, by our observing y' 
vnity and good correspondence between you & y' 
Rej)resentatives of the people, which, together with 
yo'' experience and prudent managem^ will free us from 
all apprehensions of being expos'd to danger from any 
just cause of complaint by those of New- York ag! yo.'' 
Administration, Wee hope by the next shipp to receive 
an acco' of the good effects of your so promiseing an 
Entrance into the Governm? & what progresse you 
have made in the particulars recom'ended to yo'' care 
in our Instructions, And so Ave bid you heartyly 
Farewell. 

Signed by order of the Committee of Proprietoi-s 

Will" Dockwra, 

London the first of April I(>t»:', Seer & Kegl' 

[Addressed] To 

The Honoured Coll. Andrew Hamilton Governoui- 
of the Province of East-New-Jersey In America at 
Amboy These. 

Pi" y' friends adventuring 

•In" King Ml Q. D. G. 



1694J MINISINK JOURNAL OF ARENT SCHUYLER. 103 



Journal of Captain Arent Schuyler^s visit to the 
Minisink Country. 

[From New York Col. Doets, Vol. IV., p. 98. j 

May it pleas yoiii' Excell. 

In persuance to y"^ Excell: commands I have been 
in the Minnissinck Country of which I have kept the 
following Journall: viz* 

169| y^ 3 of Feb: I departed from New Yorke for 
East New Jersey and came that night att Bergentown 
where I heired two men and a guide. 

y" 4^^' Sunday, Morning, I went from Bei-gen eV: 
travilled about ten Enghsh miles beyond Haghking- 
sack to an Indian place called Peckwes. 

y'' 5*.'' Monday. From Peckwes North and be West 
I went about thirty -two miles snowing and rainy 
wether. 

ye gth Thusday. I continued my Journey to Mag- 
gaghkamieck' and from thence to within half a days 
Journy to the Mennissinck 

ye ^t^ Wendsday. Abount Eleaven a Clock I 
arrived att the Mennissinck, and there I mett with 
tAvo of ther Sachems and severall other Indians of 
whome I inquired after some news, if the French or 
their Indians had sent for them or been in y' Mennis- 
sinck Country. Upon w"'' they answered that noe 
French nor any of the French Indians were nor had 
been in the Mennissinck Country nor there abouts and 
did promise y' if y*' French should hapen to come or 
y' they heard of it that they will forthwith send a 
jnesinger and give y' Excellency notice thereof 



' The Indian name of the river " Neversink" which faUs into the Delaware, a 
little south of Port Jervis, Orange County, New York. -O'Callaghan, from Eager' s 
Orange County. — Ed. 



104 NEW JERSEY COLOIiflAL DOCUMENTS. [1694 

Inquireing further after news they told me that six 
days agoe three Christians and two Shan 'wans Indians 
who went about fifteen months agoe with Arnout 
Vielle into the ShanVans Country were passed by the 
Mennissinck going for Albany to fech powder for 
Arnout and his Company: and further told them that 
s'' Arnout intended to be there w"' seaven hundred of 
y'' said ShanVans Indians loaden w*'' beavor and 
peltries att y'^ time y'' Indian Coarn is about one font 
high (which may be in the month of June.) 

The Mennissinck Sachems further s'' that one of their 
Sachems & other of their Indians were gone to fech 
beaver & pelteries which they had hunted: and having 
heard no news of them are afraid y* y" Sinneques 
have killed them for y" lucar of the beavor or because 
y' Mennissinck Indians have not been w"' y'' Sinneques 
as usial to pay their Dutty, and therefore desire y* your 
Excell will be pleased to order y* the Sinneques may 
be told, not to molest or hurt y*" Mennissincks they 
being willing to continue in amity with them. 

In the afternoon I departed from y*" Mennissincks: 
the 8*.'' the 91" & 10'." of Feb. I travilled and came att 
Bergen in y' morning and about noone arrived at New 
Yorke, 

This is may it pleas your Excell the humble reporte 
off your Excellency's most humble servant 

Arent Schuyler 

Endorsed, Reporte of Capt." Arent Schuyler his mes- 
sage to the Mennissinck Country. Feb. y'^ 10"' l()9f 



1694] GOVERNOR HAMILTON TO GOVERNOR FLETCHER. 105 

Letter from Governor Hamilton of East Jersey, to 
Governor Fletcher of New York. 

LFrom Papers of F. J. Paris in New Jersey Historical Society Library VoL C, 
Private Papers No. 5, and VoL D, p. 77.] 

To his Excellency Benjamin Fletcher and the 
honourable their Majesties Council of the 
province of New York 

Feb: 13'." 169| 
Whereas in the Time of Coll. Dongan the Sur- 
veyors of New York and the Jerseys Did, hy a consent 
of the Respective Gov''-\ meet to ascertain the Sta- 
tionary points, from whence the Division Line 
betwixt New York and the Jerseys was to be drawn 
Conform to the Deeds Granted by the then Duke of 
York to the Proprietor of the Jerseys, that the 
Boundarys of Each province might be the better 
known. And whereas, in pursuance of the Said order, 
the Respective Surveyors ivent out and affixed a Sta- 
tion on Delaware River in 41? 40' Latitude and another 
on hudson's River in 41'^ which is (Conform to a Map 
made by the Surveyers) Due we§t from ffredirick 
Phillipse's Lower Mills; hut tho' the Stations were 
fijced, yett the Lines tvere not drawn. 
May it please your Excellency, 

That whereas I am now making a detachment of 
our men for the frontiers, out of the Eespective 
Counties, and that there are Several plantations near 
the Line of partition, which pretends Exemption from 
any detachment, as being in another Government: 
and perhaps use the Same Shifts to York Government: 
Your Excellency to clear this point, would please give 
order to the Surveyer, to Join with our Surveyers at 
a certain day, to mark out the Line froyn the Said 
Station on Hudson^s River as far as there are any 
plantations. 

Your Ex''!!* most obedient Servant 

And: Hamilton 



106 XEW JERSEY COLONIAL DOCUMENTS. [1695 



Minutes of the Council of New York. 

[From Papers of J. F. Paris in New Jersey Historical Society Library Vol. A p. 83.] 

Att a Council held at Fort William Henry the 
22*^ of February 1691 

Present His Excell Ben Fletcher &c?' 
Fred Philipse i 



Esq'.' 



Steph Cortlandt - Esq'i'* Will. Pinhorne / 
Gab. Menvielle ' John Laurence \ 

Coll? Andrew Hamilton Governour of the Jerseys 
having desired that the Une of Partition betv^een the 
Province of East Jersey and this Province from the 
Station formerly agreed unto by the Surveyers of both 
Governments may be Run and marked to ascertain 
the right of some Plantations and Settlements neere 
the line vdio at present avoid the paying of Taxes or 
dutyes to either Government. 

Ordered Coll? Stephen Cortlant Coll? Nicholas Bayard 
William NicoU Esq^ and William Pinhorne Esq.'" be a 
Committee of thi* Board to consider of an Answer 
thereunto against thursday next. 



Instructions of the East Jersey Pro'prietors to Thomas 

Gordon. 

[From the Original Draft in the Library of the New York Historical Society.) 

Insti'uctioii!^ to Thomas Gordon.^ 

Mr. Thomas Gordon 

The necessity we find the proprietors affairs ly 



1 Thomas Gordon, of Pitlochie. 

J AooTi-aA ^ _, 

materially to the advancement 
of East Jersey in populatioii 
and enterprise. He brought with him his wife, Hellen, of the family of Straloffh. 




1695] INSTEUCTIONS TO THOMAS GORDON, lOt 

under, that an Agent go home' to represent the state 
of them" and' being well assured of your integrity and 
ability We have therefore unanimously made choice 
of you to undertake a voyage to England to that 
intent. 

V In respect Ehz. Town has made an Appeal home 
& may in likelyhood misrepresent the trueth of that 
tryall you who know the whole state of the affair can 
best obviat objections. 

If they insist upon the verdict you may inform the 
prop'" matter of fact: of the fallacy of the Jury, that 
all were parties. ^"'""""®^.& contributed to make up 



and four children, and established himself at first upon a plantation on Cedar 
Brook, in the vicinity of what was known, afterward, as Scotch Plains, from having 
been settled by the countiymen of Mr. Gordon. It now bears the name of Fan- 
wood. Before the close of 1687 his wife and all four of his children died. He had 
become a proprietor before he left Scotland and soon had assigned to him many 
important positions. In 1692 he was appointed Deputy Secretary and Register for 
the Proprietaries, by Wm. Dockwra, their Chief Seci-etarj' in London. The same 
year he was made Clerk of the Court of Common Right, Register of the Court of 
Chancer}' and one of a Commission for the trial of small causes at Perth Amboy. 
In 1693 he was appointed Judge of Probate, and in 1694 made an officer of the Cus- 
, toms at Amboy. The respect and estimation in which he was held by the Pi-o- 
prietors at that time was manifested by his being sent to England in 1695 with the 

nstructions in the text. He remained abroad three years, having with him, it is 
presumed. Janet Mudie, whom he made his second wife before his embarkation. 
In 1698 he was appointed Attorney General of East Jersey, and in December, 1700, 
was again invested with the duties of Judge of Pi-obate ; a substitute having been 
appointed during his absence. In 1702 Dockwra having been superseded, Mr. Gor- 
don was appointed to succeed him as (;hief Secretary and Register of the Proprietors. 

In addition to these and other offices of a local character, lie represented Amboy 
and the County of Middlesex in the Provincial Assembly from 1703 to 1709, part of 
the time acting as Speaker. He was appointed one of Gov. Hiuiter's Coimcil in 
1709, and at the time of his decease held the same situation under Gov. Bumet. 
^ From June, 1710, to March, 1719, he was Receiver General and Treasurer of the 
Province. His name will be foimd connected with all the most important events of 
his time, and he seems to have been unusually worthy of the eulogistic inscription 
on his tombstone in the church yard of St. Peter's Church at Perth Amboy ; wliither 
was transferred, a few years since, from the old public burial place, the tombstone 
of his first wife. He died April SSth, 1723, in the 70th year of his age, leaving three 
sons, Andrea; Tliuinas and John, and three daughters, Mary, Euphemia and Mar- 
f/aret.—Sen Wliitehead's Contributions to the Early History of Perth Amboy, &c.— 
Ed. 

' The original draft, which is all in the handwriting of Andrew Hamilton, opens 
with " The confidence we have in your integrity and ability:'' which words were 
erased after the next two coi-rections were made. 

- " Affairs"' erased and them substituted. 

" " Have" omitted. 



108 NEW JERSEY COLONIAL DOCUMENTS. [1695 

M"" Mcols fees & j if the verdict is insisted upon Its 
only for the prop"^^ to state themselves the appellants 
and that they join issue with theni|' vid. whether the 
D. grant to S'" G. Carteret m July 1674 was good or not 
tho' after the surrender of these parts by the Dutch 
upon.i:"^.^;^'^;!.. 



Ob. If they should represent a hardship put upon 
them in j-espect there is a, greater quit rent imposed 
upon them than they were to pay by the patent they 
had of Coll Nicols 

Ans. Besides that that patent is void the Duke from 
whom he derived his power haveing sold the province 
several months before that grant. The quit rent of 
that patent is indefinite & refers only to such Quit 
rent & services as it should. .'.|-.'.^.""^^^:'.. be established in 
other of the Dukes Colonies. Let it then be Consid- 
ered under what quit rent Staten Island Long island 
& the Bulk of the Lands in York governm^ were 
settled by the same Coll Nicolls after the date of the 
Eliz. patent it will be found to amount to the'i'' p- acre 
demanded by the prop" 

Ob. If it be objected that there is some town in 
Long island that pays but a lamb a year quit rent, & 
several great tracts of Land given by the late gov" 
may be for an Indian arrow or a fat buck. 

Ans. There is no reason that they should Cull out 
any particular place in Long Island to be the Standard 
but the settlements in generall, becaus perhaps those 
places that payes a fat lamb might have given some 
valuable Consideration to the gov" for the time being 
which Eliz. never did. Nor is it to be taken as a 
measure at which Quit rent gov" have let land of late 
which being f arr backwards & inconvenient was hardly 
worth asking for. And therefor the proper adjusting 



1 The lines between the bars originally written "that the most it would amount 
to was [illegible] the prop^' to apppeal and that the prop^" try the title with them. " 



li;05] INSTRUCTIONS TO THOMAS GORDON. 109 

of the Quit rent of Eliz, Town even according to 
Nicols patent will be, That upon what quit rent & 
services soever the Choicest land in York governm* 
and the most convenient were setled by Nicols at the 
time or after Ehz. patent, so ought Eliz. Town which 
is the choise situation & land of East Jersey all things 
considered. 

Que: if Nicolas patent is not void no certain quit 
rent being specified 

To take advise how to repossess the prop" of the 
Land Coll' Townley holds at the point & the house & 
orchard at Eliz: Town. The last the prop" were cast 
at a tryall, & the first Judgement passed by default 
becaus we durst not come to tryall he haveing prein- 
gadged all the Lawyers. 

If Col. Townly plead survivorship in right of Ph : 
Carteret from S- George Carteret whether he must not 
produce a contract of Survivorship. In short unles 
Townleys cas be heard at home by a Mandamus, the 
Prop" will be always cast let their right be ever so 
clear. That you acquaint the prop" if they come to 
any comj)osition with the Eliz. Town men They except 
what lands are already patented within their pi-etended 
bounds for the prop" themselves have a great deale 
there. But Indeed the prop" ought to aggree no other- 
wise at home but by instructions to their Cor ncil of 
Prop" here otherwise they will be in that disrepute 
for the future they will not be capable of serving the 
prop';* As to such of the Inhabitants that hold by Ph: 
Carteret's patents which are without clause of distress 
Its humbly offered if distress is incident at Common 
Law, the Stat, of [Queen Elizabeth?] does not take it 
away which only provides in favours of Chief & Mean 
Lords that what parcel of land soever the ffeofor sels 
the ffeoffee shall hold the same of the chief or mean 
Lord by the same tenure that ffeoffor held it. And 
so do all the Inhabitants hold in free & Common 



110 XEW JERSEY COLONIAL DOCUMENTS. [1695 

Soccage as the Prop'' do and if the Prop" may not let 
it out upon what quit rent they please where is their 
advantage in purchasing the Province? 

To get certain instructions how to recover the rents 
of those patents where there is no clause of distress 
and the form of the writs & procedures Que. — 
whether such of Ph: Carterets patents are not but 
Estates for life which have the clause (To have & to 
hold (his heirs or assigns) instead of (and Assigns) 
And of Consequence a distress to ly the Reversion 
being in the Donor. And if it should be urged that it 
was but a mistake of the Clerk, whether the present 
prop" be obUdged to make good that which is supposed 
to be an error in S'" George Carteret's Secretary. 

There is no other intention in this Quere than if by 
the form of those patents the prop" cannot distrain 
that the people may be forced to take new patents. 
And if the people alleadge one Neglect in the Secretary 
the prop" may alleadge another that he forgot to put 
in a clause of distress, & that there may be no 
reproach thrown upon the prop" acquaint them, That 
when the people desired that by Act of Assembly the 
word (or) should be understood as the word (and) It 
was told them by the govr That he would not by Act 
of Assembly make that an Estate of Inheritance which 
the laws of England made but an Estate for life. And 
tho they had behaved themselves un dutifully to the 
prop" yet when they applyed for new patents and 
payed their arrears of quit rent They should have it 
granted them. It is a strange thing its the very form 
of patents in the original Concessions. 

Quae What state the prop" are in & of whom they 
hold whether they are chief Lords, Mean Loi'ds or 
ffeofees only to the Duke? Its humbly desired the 
prop" would give the reading to some points of law 
sent over. — 

Quae. Whether by the Stat. 12 Ch. 2' Ch: 24 all the 



1695] INSTRUCTIONS TO THOMAS GORDON. Ill 

pleadings upon the Stat, of Quid Emptores be not out 
of doers since by that Stat, all terms for the future are 
to be in free & common Soccage. And yet the rents 
are by that Statute reserved to chief & Mean Lords 
& the distresses incident thereunto. & if the prop" be 
either chief or Mean Lords why have they not a right 
of distress. 

Quae: if the assent of the whol Countrey to the 
government of the prop"^.** & at one time or other most 
of them have payed some part of their quit rent, if 
that is not a sufficient seisin of the rent of the whole 
province. 

Quae Whether ejectment can be barr'd by 20 years 
possession (as pleaded in the case of Jeff Jones') by the 
21 of Jas. 1 unles it be a varium Domicilium which 
cannot be in his case the prop" having the Dukes title 
to the land before his occupancie 

That unles the prop" remove the blemish (?) of the 
port of Amboy either by bringing Mr Brook to a try all 
or by some order of King & Council (but the first is 
the way that will secure it in all times to come.) 
The prop" laud in the province will be quite unvalua- 
ble, & its a chief objection the people makes for not 
paying their Quit rents. And when the port is 
releaved the only thing that will make it public or 
make it beleeved is for the prop" to send over a small 
vessel with European goods. They will turn to as 
good an account at Amboy as at York & would 
encouradge several to set up & trade from here. Upon 
terms the Inhabitants will consent by act of Assembly 
to Establish a lasting fund for the support of a gov- 
ernment' (whom the proprietors shall from time to 



> This was the interesting case of "Fullarton vs. Jeffry Jones,'" which was 
decided adversely to Fullarton (representing the Proprietors), " the Jury being all 
planters." The case is adverted to in " Elizabethtown Bill in Chancery," pp. 44, 
130, 124, and in " Answer" thereto, pp. :i9-31. 

- Originally written '" the govemment."— Ed. 



112 NEW JERSEY COLONIAL DOCUMENTS. [1695 

time appoint) such as the proprietors now allow, and 
that they will relieve the proprietors of the Charge of 
public writings such as Commissions civil & Military 
proclamations &c And that the prop" land befor 
setling shall not be Taxed as is provided by the Con- 
cessions. Then we offer it to the prop'' as our opinion 
that they sell of the quit rents sinse it breeds so great 
heart burning amonst the Inhabitants and that instruc- 
tions be sent over to the Council of proprietors to that 
end. viz for how many years purchase they will sell 
the Quit rents, for that being known to the people, &, 
if they like the terms, it will the more readily incline 
them to comply with what is demanded in this para- 
graph But the prop" must not set it high or it will 
discourage them. Twenty years the highest & a 
power to the Council of prop" even to abate something 
of occasion as they will raise it if they can. 

It is to be remembered when the people do find that 
by law they can be forced to pay their quit rents they 
will the more readely buy them off. 

If the Inhabitants will not | provide for the support 
of the Government |' Then the prop" are not to blame 
not to sell the Quit rents. And if by Law they can 
force the people to pay their Quit rent then they may 
keep the govern' while they think its their interest so 
to do. And if the people prove obstinat in ref useing to 
support the government & def ra3ring the public charge 
We are of opinion that the prop" thro it up, upon the 
best terms with the Crown as they can. 

As on the other part When the prop" have releaved 
the port of the Countrey Support the goverm' we are 
of opinion its a right the people may claim that the 
proprietors keep the governm^ & defend it — 

To guard that no misrepresentation be made against 
the Jerseys as not Joining in the Common defense and 

1 Words between bars originally written " comply with this last paragraph. "—Ed. 



L695] GOVERNOR HAMILTON" TO CrOVERNOll FLETCHER. llH 

:o give the influences of Our supplys of men & money 
k to caiTy(?) over the governour of New Yorks speech 
ipon his first goeing to Philadelphia w^here he liberally 
)wns it. ' 

Signed at a Councel of Proprietors at Perth Amboy 
}his eleventh day of November 1695 

And: Hamilton 
Daniel Moody 
Geo: Willocks 
John Barclay 
Tho: Pools 
John Reid 
Signed by me ye 19 N^"" Tho: Warne. 



Grovernor Hamilton of East Jersey, to Governor 
Fletcher of Neiv York. 

[From New York Col. Docts , Vol. IV^., p. 199.) 

May it please yo'" Excell. 

I have formerly acquainted yo'^ Excell that I had set 
5ome young men who had been formerly to Albany to 
invite others; they now inform me that Captain Mat- 
:hews is soe much in their good graces that if he come 
iown he is the likelyest man to prevail. I would have 
liim first finde out Matthew Moore of Woodbridge 
w\\o was of his Company. He knows the temper of 
:he young men and can the best assist. They must 



' Here follows in the original a paragraph erased, which is as follows: 
" We recommend to the proprietors that the Secretaries office is an office of great 
;rust & small profits how that most of the land of the province is patented & that 
;he public wi-itings do amount one year with aaother to ."jO lb a year That therefore 
;ither the proprietors would conferr this office upon Mr Thomas Gordon who is 
jualified for it & undertakes to write all the public ^v^itings gratis whicli hitherto 
las cost the propi^^ 50 or 60 lb a year Or that Mr. Dockwra will please to provide a 
qualified person to execute s' office upon the Conditions." — Ed. 

9 



114 NEW JERSEY COLONIAL DOCUMENTS. [1696 

be soothed into it; for asserting the power of the Com- 
mission will make thein all run the Province. I am 
really ashamed grieved they are so awkward:' they 
still object the exemption or noncomplyance of the 
neighboring Colonies, nor will this ever be remedyed 
unlesse the support of the frontiers reaches all North 
America; as it is the remoter Colonies are soe many 
asylums. I am with true regard: may it please yo"^ 
Excell. 

Yo'^ Excell most faithfuU & most 

Burlington 26"' June (96) obedient servant 

Copia vera And: Hamilton 

(Signed) David Jamison' CI. Concilij. 



1 Qu: backward. — Ed. 

* David Jamison was a Scotchman by birth and is first named as Clerk of the 
Council of New York in 1693. having a salary of £50 per annmn. This was during 
the administration of Governor Fletcher, who is said to have entertained a high 
opinion of him. His successor, Lord Bellamont. however, displaced Mr. Jamison 




l^^^^^^^^^^y^ 



oil September 28th, 1698, and in a letter to the Lords of Trade announces as a fact 
that he at one time was condemned to be hung in Scotland, for blasphemy and 
burning the Bible, his sentence having been commuted into transportation to New 
York, and to being sold as a servant. The Governor also accused him of being an 
Atheist and of having two wives. Several years thereafter, however, in ITIG, in a 
charge to the Grand Juiy of Bm-lington County, Jamison introduced so many per- 
tinent extracts from the Old and New Testaments that he was thought to be as 
much of a theologian as a lawyer. Notwithstanding Lord Bellamont's dislike to 
him, he found it a difficult matter to supply Mr. Jamison's place, and he was re- 
stored to his office for a while . In 1699 he was one of the Vestry of Trinity Church, 
and in 1704 was appointed by Cornbury one of a Commission to examine Lord 
Bellamont's accounts. He appears to have been recognized as an able lawyer, and 
in 1711 was appointed by Governor Hunter Chief Justice of New Jersey, although 
he continued a resident of New York, and held the office during the whole of 
Hunter's administration, being considered by him " a man of knowledge and 
integrity." lu 1715 he was recommended by the Governor for the Council of New 
York, which led the Lords of Trade to communicate to the Governor the " consid- 
erable complaints" that had been made against Mm by Bellamont. Although he 
did not receive the appointment, he held the office of Attorney General of New 
York for some years and gave place in 1721 to James Alexander.— N. Y. Colonial 
Documents. Field's Provincial Courts.— Ed. 



1096] OOVERJSrOR HAMILTOK TO GOVERNOR FLETCHER. 115 



Governor Hamilton of East Jersey, to Governor 
Fletcher of New York. 

[From New York Coll. Docts., Vol. IV., p. 200.] 

May it please yof Exc^ll : 

Could I make our people as sensible of the hazard 
Albany lyes under, as I am, and that the weaknesse 
of that garrison, w^hich they cannot be ignorant [of] 
may in great probability tempt the enemy to attack 
the place, as they have Pemaquid, upon the same 
grounds, I am sure they would find it their interest to 
run to its defence: but whom have I to work upon 
but a stiff and an obstinate people who shutt their ears 
to all reason and become debauched by the ill example 
of the neighbouring Colonies which they still obtrude 
to me 

Yo' Excell may believe 'twas with great difficulty I 
obtained what I did, that in case of an invasion they 
should march to the fronteei's and be at liberty to 
return when the acc'on was over or the enemy 
retreated; and even to obtain this I was forced to 
promise them IS'' a day from Yo' Excell. and pledged 
my own creditt to procure them 12'' more at the first 
sitting of an Assembly, they live so plentifully at 
home and have so great wages besides severall of our 
youth gone to the Southern Colonies to be free from 
detachments, and several as I am told gone aboard 
Captain Kidd. that there is not a possibility to prevail 
with them to continue in garrison, and indeed very 
difficult to effect any thing 

I am truly melanchoUy to see ourselves thus baffled 
by a handfull of French nor will it evei' be otherwise 
untill the Crowne send a force to root them out of 
America or put an indisputable command upon every 



116 NEW Jersey colonial documen'ts. [1696 

Colony to furnish a Quota and pay them; for while it 
rests in the brests of our Assemblyes to raise a fund for 
the support of the fronteers or neglect it, and in the 
choice of the people to march or stay at home, Yo' 
Excell. is not to be told at this time of day what part 
they'le choose. 

I will notwithstanding call an Assembly in Octob' 
next and wiU inf orce the necessity of the fronteers with 
all the zeal I am sensible they require. I am 
May it pleas Yo' Excell. 

Yo"" Excies most faithful and most 
Burlington 28 Aug, 96 obedient servant 

And: Hamilton 
To his Excell. Col. Benjamin Fletcher, Cap* Gen" & 
Govern- of New Yorke, these. 
Copia vera (signed) David Jamison CI. Concilij. 



Memorial of Edivard Randolph, Secretary, d'C, to the 
Commissioners of His Majesty'' s Customs, on II 
legal Trade In the Proprieties. 

LFrom P. R. 0., B. T. ; Proprieties, Vol 3, A G.l 
To THE HON^'^" THE COM".^ OF HiS MaJESTY'S CUSTOMS. 

May it please Your Hon7 ^ 

Your Hon? were pleas'd in your presentment of the 
17"' of July past, to the Right Hon^J^ the Lords Com? 
of his Ma*'r Treasury to represent, That it hath bin 
found by Experience, either thro' Remissness or Con- 
nivance of the Gov? of the Severall Colonies & plan- 
tac'ons, which are under distinct proprietys, The Acts 
of Trade & Navigac'on, & Your Hon? Orders & In- 
strucc'ons in pursuance thereof, have not bin Observd, 



1696] EDAVAIID KANDOLPH ON ILLEGAL TRADING. 117 

as in other Colonies and plantac'ons, which are under 
Gov? Nominated & Appointed by his Ma'tys immediate 
Commission, & did therefore humbly Move their Lord- 
ships, That the respective Gov? of the S" Proprieties, may 
be persons of good Estate & Reputac'on, & otherwise 
duly quaUfyd for the discharge of their Trusts, being 
by a Claus in the afores'd Act for preventing ffrauds 
& regulating Abuses in the Plantac'on Trade to be Al- 
lowd & Approvd by his Ma'ty, his Heirs & Success? 
& Obliged to take the Oaths Enjoy nd by That, or by 
any Other Act, to be taken by the Gov? or Command? 
in Chiefe, in Other his Ma'tys Colonies & plantac'ons, 
before their Entrance into their respective Govern- 
ments under the like penalties, which his Ma'tys Gov? 
<& Command? in Chief, are by the S*^ Acts lyable too. 
Notwithstanding the Owners of the proprieties upon 
the Continent of America & Islands Adjacent, take 
no Notice thereof, but Omit to Nominate fitt persons, 
to be AUowd & Approvd by his Mat'y in Councill 
before their Entrance on their respective Governm? 
from whence it follows. That, whilst the principles 
Omit their Obligac'ons at home, it cannot be expected, 
rheir Deputies will doe thsir Duties in the plantac'ons, 
So that allth'o pursuant to the S'' Act, The Officers of 
the Customs, The Judges & other Officers in the Courts 
of Admiralty, The Attorneys GenV & the Comissions 
under the Great Scale, for Administring the Oaths to 
the respective Gov? in the S*^ Colonies & Plantac'ons, 
are Appointed and prepard ready for dispatch, never- 
theless, the Gov? & other publick Ministers in the 
proprieties, are continued in their Offices & places & 
no care taken, to Appoint others in their Stead, tho 
they Maintain & Support the illegall Traders as much 
as ever: It cannot therefore be expected, that the 
frauds & Abuses in the plantac'on Trade, So long 
practis'd & So often Complaind of, can be prevented 
until persons of Good Estates & Reputac'on, & Other- 



118 NEW JEKSEY COLONIAL DOCUMENTS. [169G 

wise duly qualified for the discharge of their Trusts, be 
first Allowd & Appro vd by his Ma'ty &c: to be the 
Gov? of those proprieties, according to the S'^ Act, 
otherwise it is to no purpose, nor will it countervaile 
the Charge, to send over officers & Maintain them, to 
put the Acts of Trade in Execuc'on, in Virginia & 
other places, under his Ma'ty s immediate Authority, 
So long as the Governours, for the Proprietors, take 
upon them, a power to dispence with the open Breach 
of the Acts of Trade, & thereby keep their ports open 
to illegall Traders, whilst others are barrd up by oaths 
& Strict penalties, which must needs Occasion the 
dreining & Soon depopulating his Ma'tys Own planta- 
c'ons, by the peoples Enjoying an Extraordinary 
liberty, in a Gen" Trade & Constant benefit, by Pyrates 
& the Scotch Trade in the proprieties and private 
Charters. 

The Cheife end of Granting those Vast Tracts of 
Land (now called proprietys) to Noble Men & Others, 
was doubtless to Encourage the first Undertakers, to 
plant and Improve them, for the Benefit of the Crown, 
& to be always Subject & depending on England, & 
Conformable to the Laws thereof. Great Numbers of 
people, are now Seated in Some of these proprieties, 
but have bin long Endeavoring to breake loos & set up 
for themselves, having no Sort of Regard to the Acts 
of Trade & discountenancing Appeales from their 
Courts, to his Ma'ty in Councill. The persons Ap- 
pointed by the proprietors, to be their Gov? are 
generally Men, of very indifferent qualificac'ons for 
parts & Estates : Their Maintainance, is Inconsiderable, 
which renders their Govern*? Precarious also. They 
have power only (like Civill Magistrates, in petty 
Corporac'ons ir England) to Make, Municipall Laws, 
with consent of the people, for their quiet & peaceable 
Government, But are indeed Stewards only & over- 
seers, accountable & allways lyable, to be turned out 



1696] EDWAED RANDOLPH ON ILLEGAL TRADING. 119 

at the pleasure of those who imploy them : So that it 
cannot be presumd, That Gov? made by the proprie- 
tors, only as Such are impowered or in any wise 
concernd to put in Execucon, the Acts of Trade in 
their Governments, But on the Contrary, 

I am humbly of Opynion that twill be Judgd a high 
Misdemenour, in any of them to attempt it, untill they 
are first qualified as by the S'' Act for preventing 
ffrauds, is directed: the proprietors themselves have no 
Such power, nor can have Granted them by their 
Patents. 

I humbly lay before your Hon? an Acct of the 
present Gov? of the projDrieties, & of their Qualifi- 
cac'ons, in Relation to the Acts of Trade 

Bahama Islands: mr Nicholas Trott is the present 
Gov'; these Islands have been & still are, a common 
retreat for pyrates & illegall Traders: Cadwallader 
Jones, the late Gov"", under pretence of A power to 
make all Officers, Made One Boulton, Collector of the 
Customs: he Enterd & Cleerd Vessels, according as 
the Gov'; & he pleasd. In the year 1693: Thomas 
Carter Master of the Ship Bridge Town of Barbados, 
richly laden from Jamaica to London, run the ship 
willfully aground upon the Islands; the Master & 
Saylors divided the Money & the best of her loading, 
the Gov', made his Advantage by it; all Appeales 
lye from their Courts, to the Lords-proprietors in 
England . 

Carolina: m'; John Archdale, a Quaker, is deputed 
Gov'; by the Lords proprietors (as I am informed) 
during his Sons Minority, who is one of the Lords 
proprietors; the chief e Town for Trade, is Charles 
Town, free to all, from all places. They trade to Car- 
asaw from whence the Manufacture of Holland is 
brought to Charles Town, & carryd by New England 
men & other illegall Traders, to Pensilvania Boston 
&c: Returns are made for them in plantac'on Com- 



120 NEW JEKSEY COLONIAL DOCUMENTS. [1696 

niodities, which are carryd from CaroHna to Carasaw 
& thence to Holland. About 3 years agoe 70 
Pyrates, having run away with a Vessell from Jamaica, 
came to Charles Town, bringing with them a Vast 
quantity of Gold from the Red Sea; they were Enter- 
tained & had liberty to stay or goe to any other place: 
the Vessel was Seiz'' by the Gov"; for the proprietors as 
a Wreck & Sold they have no regard to the Acts of 
Trade. The present Gov"; is a favourer of the illegall 
Trade, having given his permit to the Mas'; of a 
Ifarraigne Vessel to trade takeing no Notice of m'! 
Guerard, Appointed the Collector by your Hon? 
Deputac'on as by a Copy of the Gov'? permi N° 
appears; all aj^peales are likewise from the Courts in 
this province, to the Lords proprietors in England. 

North Carolina, has 60 or 70 Scatterd families, but 
under no regular Governm*. One Jarvis was appointed 
the Gov'; by Coll Ludwell then Gov! of all Carolina, 
he had no Sallery. The Inlet of Currituck, lies con- 
veniently, for carrying away the Tob^ made in the 
Southern parts of Virginia: The Inlett of Roanoake, 
is frequented, with Small Vessels Trading to & from 
the West India Islands. Pyrates & runaway Servants, 
resort to this place from Virginia &c. 

Pennsilvania, m! W" Markham is the present Gov"; 
Saml' Carpenter & Jo'l Goodson (both Quakers) were 
Joind in the Government with him, but they refused 
to Act. The Acts of Trade, (what ever they pretend) 
are not Observed here: A plain discovery has bin 
made of Nine Vessells, loaden with Tob: which have 
from the rear 1690 : to the year 95; gone directly from 
this province to Scotland (besides Gustavus Hamilton 
the chief e ff actor for the Scotch Merch"*) who last year 
carry ed out of Delaware, 300 hhds of Tob: without 
Cleering, as allso, other Vessells from the Same place, 

' Tobacco. 



1G9G] EDWAED RANDOLPH ON ILLEGAL TRADING. 121 

went with tob: to Scotland, as Appears by letters from 
your Hoii''f Agent in that Kingdome. The Brigantine 
W'f & Mary (calld the New Castle Brigantine) when in 
August 1694, Shee Cleerd out from Pensilvania for 
England) W" Righton mas!' & Maurice Trent a Scotch- 
man, An Old transgressor Merchant (One of her 
Owners lives in London) imported into Pensilvania a 
great quantity of Scotch Goods, and was Admitted to 
an Entry in the year 1695: By the Collector in Pen- 
silvania: She was afterwards Seizd in West Jersey 
by Cap" Meech, Appointed by Coll: Nicholson, 
pursuant to her late Sacred Ma'tys Order in Councill, 
of the 9th of August 169-4: He Seizd allso, another 
Vessel!, called the Mill Everett Johnson Mas', from 
Some port in Norway (as Ime informed) loaden with 
Wine & European Goods, having no Cleering, from 
any port in England. The mas': confessd himself to 
be a Dutch man as appears by Cap"! Meeches Journall 
N? her Tryall was put of, the Mas'; being gone to New 
Yorke, & afterwards Suspended, till further Orders 
from England. The Gov'; Entertains Severall pyrates, 
from the Red & South Seas, who carry on an illegall 
Trade to Carasaw, & other prohibited places; Itaj^pears 
by a Copy of m; Markhams letter to me N4. that he has 
but a Small Maintainance, desireing me to make him 
Colle'; of the Customs in Pensilvania by which your 
Hon'.' may pleas to take Notice, that Gov'? under Such 
Necessities, will be easily tempted to doe & Connive 
at Unlawfull things. The Charge to Maintain Officers 
of the Customs in That Province, together with a 
Vessell of about 40 Tuns, & men Sufficient to Cruise 
upon the Coast thereof, as by her late Sacred Ma'tys 
Order in Councill, Coll Nicholson is directed to pro- 
vide, will amount to above 2000 lb : a year, to prevent 
the illegall Trade in Pensilvania & the Shipping of tob: 
brought over land from Maryland to Deleware Bay 
which not withstanding will be carry d on, untill there 



122 NEAV JERSEY COLONIAL DOCtJMENTS. [1696 

be Such a Regulac'on in the Governm* of That 
province, as by the S** Act for preventing frauds &c: is 
Enacted. Pensilvania lies in the Center between 
Maryland & New York, most Commodiously, to carry 
on all illegall Trade, and that place will Soon become 
A Staple of all European & Plantac'on Commodities. 

East & West Jerseys: mf Andrew Hamilton, 
a Scotch man, is the Gov'; of those Provinces; Ap- 
pointed by the Proprietors to Leas out their Lands & 
receive their Quit Rents; He is a great favourer of the. 
Scotch Traders, his Countrymen, & woud not allow of 
Cap" Meeches power, when he had Seizd the Brigan- 
tine WT & Mary W'l' Righton Mas'; the Gov^ Sate 
Judge in Court, the Vessell was favoured upon the 
Mas'* Setting forth in his petic'on that the ff rench met 
him at sea, & took away his Cognets, She is Since 
gone to Barbados: Patrick Robison a Scotchman, the 
Secretary & David Loyd, the Attorney Gen^ in Pensil- 
vania, went to the Court, in West Jersey, to Defend 
the Vessell against the Prosecutors for his Ma'ty. 

CoNNECTicoTT IN New ENGLAND, Coll Robt: Trent 
[Treat] is the present Gov^ of that Colony granted to 
the Inhabitants by Charter, to have a Gov^ Annually 
Chosen, with Power, to Purchase & Sell Lands: The 
Inhabitants, are generally husband men & Planters. 
The Gov'; permitted a vessel] from Holland, under 
pretence of Wanting Wood and water, to come into 
New Haven where she Unliverd great parts of her 
loading, which was carryd to New Yorke, & having 
taken horses aboard, Saild with the Remainder of her 
Goods to Barbados. Thomas ffisher, Mas'; of the 
Brigantine Adventure of London, imported about 
December 1691: a very great Cargoe of Scotch goods 
at New London, in that Colony, they were seizd by 
m"; Brenton, the Collec'; he thought it most Adviseable, 
to Admit Gustavus Hamilton to a Composition (which 
he willingly agreed to) than Submit the Cause, to a 
Tryall, in that Colony, 



169GJ EDWARD EANDOLPH ON ILLEGAL TRADING. 123 

Road Island. Caleb Can- was late Gov', of that 
& providence plantac'on, granted by Charter allso, tis 
become a free port to illegall Traders, & Pyrates from 
all places. Tho: Tew A Pyrate, came thither from the 
Red Sea, in the year 1694 and brought with him £10000: 
in Gold & Silver, he Shard £12000: for himself & his 
sloop, the people are Emiched by them. Tis necessary 
That place, be taken care off & put under a Regular 
Governm* the present pretenders to Govern, being 
either Quakers or Annabaptists. 

Province of New Hampshire: m"; W? Patridge, 
being Nominated by m' Sam'! Allen the present 
proprietor, is Allowed of by his Ma'ty & Made the 
Deputy Gov^ of That Province. 

Province of the Massachusetts Bay. Tho' his 
Ma'ty has the Appointing, the Gov'; of That Province, 
yet the illegall Trade is carryd on, as much as ever, to 
Scotland, Holland, ff ranee &c: for want of a Govern'; to 
Suppress that Trade, & to Support and countenance the 
Officers of the Customs, in the Execuc'on of their 
Duties, m^ W'!' Sloughton, is the Liev".* Gov'; he is a 
good SchoUar, but not bred up to Military Discipline. 
The country lying open, is exposed to the fury of the 
ffrench & Indians, when ever they pleas to Attacq 
them. They have in their Laws hitherto Made no 
provision for a Gov'"f Maintenance, as is done in all 
Other, his Ma'tys Governml'* & was likewise in that 
Province for their former Gov'f on purpose to dis- 
courage men of Hono'; & abilities, to live amongst 
them; but what ever it Costs, That Country, & the 
Trade thereof, ought to be taken care off. 

Now from what has bin herein humbly Offerd, it 
cannot reasonably, be imagined that the Proi^rietors 
Gov';* are persons qualified or fit, to be Entrusted with 
the Conduct & Execuc'on of the principall powers, 
reposed by those Acts, only in the Gov'f & Command'.^ 
in Chiefe, in the Plantac'ons, under his Ma'tys imme- 



124: NEW JERSEY COLOJSTIAL DOCUMENTS. [1696 

diate Authority; So that if the proprietors & owners of 
those Lands, refuse to Conform to the Eules & Methods 
prescribed them, in the S'' Act for preventing ffrauds 
&c: Its humbly proposd, that they Should be obliged, 
to accept of Such Regulac'on in Government, in refer- 
ence, to Trade, as his Ma'ty Shall think necessary to 
make; which will in no wise, Invade their Just Rights 
& proprieties in those Lands, nor hinder them from 
Imploying their agents & ffactors, to take Care & 
dispose of their Estates, & to receive the Rents & 
profits arising from them. 

The Lord Baltamore, the Proprietor of the Province 
of Maryland, m"; Samuell Allen, the Proprietor of the 
Province of New Hampshire & the Inhabitants in the 
Province of the Massachusets Bay, have all their 
Rights & properties entirely Securd to them, in their 
respective Proprieties. They have their Agents & 
Attorneys upon the place, to Manage their affairs with 
all ffredom tho' att the Same time, the Gov"? of all 
those provinces, are appointed by his Ma'tys immediate 
Commission. 

All which is humbly Submitted by Etc: 

November lo'l' 1696. Ed Randolph Secy 



Petition of Elizabeth-town People for Greater Pro- 
tection from the East Jersey Proprietors. 

[Printed in Grants and Concessions, p. 083. ] 

To THE King's Most Excellent Majesty. 

The humble Petition of the Freeholders Inhabitants 
and Owners of the Land, of and belonging to 
Elizabeth-Town, or Township, and other 



1966] PETITION OF ELIZABETHTOWN PEOPLE. 125 

Lands thereto adjacent, in the Province of 
East New-Jeksey in America, in behalf of 
•themselves and many others.^ 

That his late Majesty King Charles the Second, by 
his Letters Patents bearing Date the 20th Day of 
March, in the Sixteenth Year of his Reign, did give 
and grant to James then Duke of York, and his Heirs, 
the Government and Dominion, as well as Property of 
and in all those Lands in America, lyeing [between] 
Connecticut River, and Delatvare Bay, (whereof the 
Provinces of Neiv York, and of East New Jersey, 
aforementioned, are Part) with Power to admit who 
he and his Heirs pleased to inhabit and enjoy Lands 
there, by virtue of which Grant the said Duke of York 
did in Aiyril 1664, grant a Commission for the Govern- 
ment of these Places to Col. Richard Nicholls, whom 
he authorized to execute all Powers which were granted 
to his Royal Highness by the Letters Patents. 

That the said Lands in the said Province of East 
New- Jersey, were at the Time of making these Letters 
Patents, some Part in the actual Possession of the 
Dutch, and other Part in the actual Possession of the 
Native Indicui's, and so continued until about the 27th 
of August, 1664, at which Time Part of them were 
Surrendered by the Dutch, to the said Col. Nicholls, 
who in October 1664, granted leave to John Baily, and 
others, under whom your Petitioners, or most of them 
claim their Lands, to Purchase Lands of the Native 
Indians, which they accordingly did, and the Lands 
claimed by our Petitioners in the said Province, Part 
of these Lands so purchased by this Licence, all or 
most of which Lands so Purchased, were in December 



' No date is attached to this petition as printed, but from some references it con- 
tains it is presumed to have been transmitted al)out 169G. 



190 XEW JERSEY COLONIAL DOCUMENTS. [1606 

1664, granted and confirmed to the said John Baily, 
and others, by the said Col. Nicholls. 

That afterwards the Dutch conquered and regained 
Possession of these Provinces, and upon the Treaty of 
Peace Surrendered them again to his said late Majesty, 
who thereupon granted them again, to the said Duke 
— But the said Purchasers, and those claiming under 
them, still continued in the Possession of the Lands by 
them Purchased, and peaceably enjoyed the same, 
until about Septemher, 1693, being near Thirty Years, 
and during that Time, great Labour and Expence, 
built, planted and improved the same; and they 
humbly conceive they ought according to Law, Reason 
and Justice, still to enjoy the same. 

But certain Persons to the Numbei* of about one 
Hundred, or some other great Number, calling them- 
selves Proprietors of the said Province of East New 
Jersey, do pretend that they have a Title to your 
Petitioners Lands, by several mesne Conveyances, from 
and under the Lord Berkley, and Sir George Carteret 
(to whom as they pretend the said Duke conveyed the 
same by Indentures of Lease and Release, dated on or 
about the 23d and ^ith Days of June, 1664, before his 
Royal Highness or any other for him had ever been in 
Possession of the said Lands, or any Part thereof) and 
that your Petitioners have no right thereto, altho those 
under whom they claim, Purchased of the Indians 
Natives by the Licence of the said Col. Nicholls, and 
for valuable considerations without notice of the said 
Conveyance to the said Lord Berkley and Sir George 
Carteret, (if that could be a legal Conveyance, as your 
Petitioners are advised it could not be of these Lands) 
and the said pretended Proprietors do now set up this 
old pretended Title to your Petitioners Lands, after 
they have enjoyed the same quietly for many Years, 
in hopes to reap the benefit of your Petitioners said 



1696] PETITION OF ELIZABETHTOWX PEOPLE, 127 

Labour, Expence and Improvement, or to force them 
to pay some large Quit-Rent, or Yearly Payment for 
the same; and for that Purpose have often urged your 
Petitioners (who have as aforesaid purchased their 
Lands, and peaceably enjoyed the same so long) now 
to take Leases or Grants thereof from the said pre- 
tended Proprietors under Yearly Rents. 

And the more effectually to accomplish their unjust 
Designs, and gratify their ambitious Inclinations, the 
said pretended Proprietors have on pretence only of 
the said Indentures of Lease and Release, and the mesne 
Conveyances under the same, pretended to have been 
made to the said Proprietors, presumed to usurp 
and take upon them to exercise a Dominion and 
Government over your Petitioners, and their Lands, 
and to constitute a pretended Governor, a pretended 
Court of Justice, and contrary to the Laws and 
Statutes of your Majesty's Realm of England^ to 
appoint Judges who presume without any Commission 
or Authority derived from your Majesty, to take upon 
them to try Causes. 

And in this pretended Court, and before these pre- 
tended Judges of their own making, the said pretended 
Proprietors did in the Year 1693, bring an Action of 
Trespass and Ejectment against Jefferti Jones, for Part 
of the said Lands in Elizabeth-Town, and the same 
came on to be tried, and altho upon a full Evidence, 
the Jury (who were chosen by the said Propiietors, or 
their Creatures) were notwithstanding so just as to 
give a Verdict for the said Jo)ies ; yet the said pre- 
tended Judges being either of the Number of the said 
Proprietors or by them appointed, were so Partial and 
Arbitrary, as contrary to Law and Justice, to give a 
Judgment against the said Jones, and for the said pre 
tended Proprietors; which unjust Judgment, your 
Majesty upon Appeal hath in your Princely Justice 



128 XEW JERSEY COLONIAL DOCUMENTS. [1G96 

been pleased to reverse, altho the said pretended 
Judges, in hopes to support their said Judgment, did 
transmit a Writing for a Copy of the Proceedings in 
the said Cause, which was false, and not according to 
the Truth of the Proceedings had in the Cause, 

That your Petitioners are now destitute of any law- 
ful civil Government over them, having no legal Court 
of Justice or Judges, that they any Legal Commis- 
sions, and the said Usurpers and their pretended 
Judges being so partial as aforesaid, will by their 
unjust and arbitrary Proceedings, deprive your Peti- 
tioners of what they have justly paid for, are legally 
intitled to, and with great Pains, Hazard and Expence, 
have planted, and improved and quietly possessed for 
many Years, unless assisted by your Majesty, and 
your Petitioners doubt not but to make out the Legality 
and Justice of their Titles to any impartial Judges, in 
or near the Country where the Facts are best known, 
and where the Witnesses are that can prove them. 

Your Petitioners groaning under these and other 
great Oppressions of the said Usurpers, and in the 
want of a legal and well established Government, are 
humble Suitors to your Majesty (the fountain of Jus- 
tice) that your Majesty would be graciously pleased 
to take them into your Majesty's Royal Protection and 
to let them enjoy (in this remote Part of the World) 
the happy influences of your Majesty's just Govern- 
ment. And for that purpose either to Place them 
under the Civil Government of your Majesty's Province 
of New-York, (from the Elizabeth-Town atoYessiid, is 
but about Twenty Miles distant, and great Part of your 
Petitioners Lands are much nearer) and to grant to the 
Court of Justice at Neiv- York, a Power to Judge all 
Causes in the said Province of East New-Jersey, or to 
appomt indifterent Judges to administer Justice be- 
tween your Petitioners and the said pretended Pro- 



1696] 



PETITION OF ELIZABETHTOWN PEOPLE. 



129 



prietors, and to admonish the said Usurpers that they 
presume no more to usurpe your Majesty's Royal 
A.uthority of constituting Courts of Justice, and com- 
iiissionating Judges, and the said pretended Judges 
10 more to presume to Act as a Court of Justice, or 
)therwise to Order for your poor oppressed Petitioners 
rehef, as to your Majesty in your Princely Wisdom 
md Goodness shall seem meet. 

And your Petitioners as in Duty bound shall ever 
Pray, &c. 



Tohn Lamb, 
Toliii shorn, 
ibraham Hill, 
Tosejjh Hallsy, 
John Woodroof, 
Robert Wooley, 
Tosliuah Clarice, 
Henry Lyon, 
William Looker, 
Teremiah Osborne, 
lornelius Hatfield, 
Henry Nor r is, 
Toli7i Cory. 
Tohn Megie, 
Daniel Dehart, 
Robert Marsh, 
William Straybearn 
Natlianiel Boinel, 
'Samuel Clark, 
Tohn Willis, 
Daniel Crane, 
David Woodruff, 



Ebenezer Lyon, 
Jonathan Ogden, jun 
Obadiah Sale, 
John lAttle, 
Joseph Woodroof, 
Aiid. Hampton, 
John Thomas, 
Ephram Clarhe, 
Joseph Williams, 
William Miller, 
Samuel Whitehead, 
Roger Lambert, 
Benjamin Lyon, 
Joseph Meeker, 
E'phraim Price, 
Samael Carter. 
,Jonathan Ogden, 
Isaac Boinell, 
Benjamin Ogden, 
Benjamin Wade, sen, 
Benjamin Prit, jiin. 
Benjamin Meeker, 



John Looker, 
.Jeremiah Crane, 
Daniel Sayre, 
George Ross, jun. 
Thomas Thompson, 
Joseph Lyon, 
William Broiun, 
John Meeker, 
John Thomson, 
Daniel Price, 
John Harriman,]\\n. — 
John Ross, 
Abraham Hatfield, 
Isaac Whitehead , 
John Earsken, 
Thomas Prite, 
Benjamin Hatter, 
John Clarke, 
John Miles, 
Jacob Mitchell, 
Samuel Williams, 



10 



130 XEW JERSEY COLOXIAL DOCUMENTS. [1600 

Commission of Thomas Coker, to be Collector of the 
Customs at Perth Amhoy. 

[From P. E. O. B. T., of New York, Vol. 4, D. 33— i.] 

Copy of Coker's Commission for Collector of Perth 

Amboy.^ 

To ALL People to whom these P'sents shall come; 
Wee the Comissioners for Managing and Causing to 
be levyed and Collected his Maj'ties Customs, subsi- 
dies and other Duties in this his Kingdom of England 
send Greeting. Know yee that wee the said Com- 
missioners, have by virtue of an Act of ParUament 
made in the five and Twentieth yeare of the Reigne of 
King Charles the Second, Intiluted, An Act for In- 
couraging of the East land, and Greenland Trades; 
and for better securing the plantation trade, and in 
pursuance of the Authority and Direction to us given, 
by the Right Hon^''' the Lords Comissioners of his 
Maj'ties Treasury Deputed and Impowered, and Doe, 
hereby Depute and Impower, Thomas Coker Esq \ to 
be Collector of all the Rates, Duties, and Impositions,. 
Arising and Growing Due unto his Ma j 'tie at 
Perth Amboy in East Jersey; by virtue of the said 
Act; whereby he hath power to enter into any ship, 
Bottom, Boats, or other place whatsoever into any Shop, 
house. Warehouse, Hostry, or other Vessell, as alsoe 
into any Shop house ¥/arehouse Hostry, or other place 
whatsoever, to make Diligent search into, any Trunk, 
Chest, Pack, Cape, Trusse or any other parcell or 
package whatsoever for any Goods, Wares or Mer- 
chandizes prohibited to be Imported or Exported, and 
whereof the Custom or other Duties have not Ijeen 
Duely paid, and the same to seize to his maj'ties use, 
and alsoe putt in Execution all other the Lawful! powers 



■Produced by Mr. Bass, Gov'r of the Jersys to ye Councill of New York the 
23th July, 1008 in defence of a Port at Perth Amboy. Referred to in ye Earl o( 
Bellomonts L're ef ye 31th, 8ept, J 698. 



696] EDWARD RANDOLPH TO LORDS OF TRADE. 131 

md Authorities, for the Better managing or Collecting 
he said Duties, in all things proceeding as the Law 
)irects, hereby praying and Eequireing all and every 
lis Maj'ties Officers and Ministers and all other whom 
t may Concern to be Aiding and Assisting to him in 
11 things as Becometh Given under our hands and 
ieales at the Custome house London this 21*!* day of 
November In the Eighth yeare of the Reigne of our 
Joveraign Lord King William the Third — Anno Dei 
696. 

Rob 7 Clayon, Sam: Clarke, 

ROBf SOUTHALL, WALTER YoUNG, 

Ja: Chad wick. 



Hemorial of Edward Randolph to the Lords of 
Trade, desiring leave to prove the allegations in 
his former memorial. 

[From P. R. O. B. T. Proprieties, Vol. 1, A 8.1 

A) tlie Right Hon'^J® the Lords Comni'".^ for Trade. 

May it please y' Lords^f . 

Understanding from my M'f | ?] the Comm'f of the Cus- 
oms That my Memoriall concerning the Gou'f of the 
*roprietyes is referred to y"" Lords'*? and in regard his 
la^'f^ affairs relating to Trade do greately suffer in the 
lantations, thro' my absence, where my services is 
bsolutely necessary to see the Acts of Trade and 
Navigation, especially relating to the Scotch Act duely 
xecuted. I am humbly attending y' Lords'*?^ with 
ly proofes to make out the particulars in my memo- 
iall in order to have my dispatches compleated So 
hat I may be in a readines (with the New Officers of 
he Customs) to take my passage upon the Shipps 
hortly bound to the plantations on the Continent of 
Lmerica: 

All which is humbly submitted by 

[Dec. 9, 1696.] Ed Randolph: 



132 NEW JERSEY COLONIAL DOCUMENTS. [1696 



William Pemi's Observations on the Proceedings of 
Governor Fletcher. 

lFioiii N. Y. Col. Doc'ts., Vol. IV., p 247.] 

Whitehall, December the 11"' 1696 
At a Meeting of His Majesty's Comiiiissioners for 
Trade and Plantations. 

Present — Eael of Bridgewater Mr Blathwayt. 
S' Philip Meadows, Mr Pollexfen. 

[Extract.] 

As a: Proprietor of East New Jersey, Mr. Penn com- 
plained also that the Governour of New Yorke obliged 
the ships that came thither with goods from England 
to pay New York Customs. To which he was 
answered that Colonel Fletcher was ordered by his in- 
structions to do so: And the necessity of that practice 
was shown, by the neighbourhood of that Propriety 
to the King's Province of New York, which is such 
that if goods were received there custom free, they 
may be clandestinely transported into New Yorke to 
the defrauding of His Majesty's customs there. 

He spoke also of the Quota required from the neigh- 
boring Colonies for the defence of New York And said 
that he conceived the best way of regulating it would 
be, by stated Deputies from each Province, to meet in 
one common Assembly: The effecting of which was 
observed to require one Captain General or Vice Roy 
to preside But upon these heads he was desired, and 
he promised to draw up a scheme more fully in writing. 






1696] MEMORIAL ON COURTS OF ADMIRALTY. 133 



Memorial of the Proprietors of Several Provinces in 
America relating to Courts of Admiralty there. 

[From P. R. O. B, T. Proprietors, Vol. 1. A 11.] 

To The R.^ Hon^!^ tlie Lords Commiss7 of Trade 
and Plantac'ons. 

The Lords Proprietors Agents and others of the 
Provinces of Carohna Bohama Islands Pensilvania 
East and West Jersey and Conecticott in America. 

Protesting their Loyalty and duty to His Maj*^' and 
reserving the benefitt of being heard by themselves in 
Council I to their Right and Power of Erecting Courts 
of admiralty in the said Provinces do offer 

That there are Severall Clauses in their Respective 
Grants and Charters v^hich (as they are advised) Im- 
port and Imply a Grant of y*" admirall Jurisdiction and 
j)ower of Erecting the said Courts and Constituting 
Judges and Officers thereof in the said Provinces 

That the reason vrhy they have not hitherto Erected 
Such Courts or Constituted Such Officers is that all 
Suits or Informac'ons upon and for the breach of the 
acts of navigac'on may as appears by the s'' acts and 
particulerly by the 15th of K^' Charls y'' 2f be brought 
and prosecuted in the Com'on Law Courts and y' the 
Erecting Courts of admiralty would have occasioned 
Sallaryes and other great and Expensive Charges 

That they apprehended there was no necessity of 
Such Courts unless for the Condemnac'on of prises, 
few or none of which have bin brought into the said 
Provinces during this Warr in ord' to be there tried 
and Condemned. 

That the s'' Propriet" are nevertheless vdlling and 
ready to Erect Such Courts and constitute such able 



134 NEW JEESET COLOIflAL DOCUMENTS. [l696 

Officers as shall be well affected to His Maj^f Govern- 
ment, carefull of his intrest use their uttmost En- 
deavours to Enforce an Observance of the s'' acts of 
navigac'on and zealously prosecute such Vessels & 
persons as shall be Guilty of the breach of them 

All which is Humbly offer'd & Submitted. 

[Dec. 16, 1696.] 



From the Lords of Trade to the Proprietors of East 
and West Jersey. 

[From P. R. O. B. T., Proprieties, Vol. 25, p. 45.] 

To The Proprietors of his Majesty's Colony of East 
New Jersey in America.^ 

Gentlemen 

His Majesty having been frequently informed of the 
little regard which severall of the Colonies concerned 
have had to the Quota appointed by her late Majesty 
of Blessed Memory in the year 1694 to be observed 
during this War for the defence of the Frontiers of 
the Province of New York in the folllowing propor- 
tions Viz. : 

MEN 

Connecticut ..... 120 

Rhode Island & Providence ... 48 

Massachusets 350 

Maryland 160 

Virginia 240 

New York. 200 

Pensilvania . . . . . 80 

And an}^ part of the Militia of East & ) -,^^ , 

and West New Jersey not exceeding ) * 



■ The CounciU's Letter to West New Jersey was the same only changing tlie 
names. These L"res were sent to Mr. Basse. 



1697] LORDS OF TRADE TO THE PROPRIETORS. l35 

And his Majesty being at the same time sensible of 
the necessity of that contribution either in Men or 
money for the general Security of his Colonies on the 
continent of America; has commanded us to Signifie 
unto all those above named, that it is his pleasure they 
should each of them contribute and pay their respec- 
tive proportions to the government of New York 
according to her late Majesty's foresaid Regulation; 
We therefore particularly recommend it to your care 
that in relation to the Colony of East New Jersey his 
Majesties pleasure herein be for the future punctually 
observed and executed 

His Majesty having also been informed by com- 
plaints from severall hands of the undue methods 
practised in some of his Colonies for seduceing the 
Inhabitants from others, And being sensible how 
much that practice is contrary to the common Interest 
of the whole has commanded us to write unto the sev- 
eral Governors or Governments of each Colony, that 
they take care that Effectual Laws be made in each of 
their respective Governments against the receiving 
and harbouring not only of Deserters, but also of such 
Fugitives as leave any of his Plantations contrary to 
the Laws provided for that purpose in each plantation 
respectively. Which therefore We also now accord- 
ingly recommend to Your Observation. 

And whereas his Majesty has also received com- 
plaints that the Entertainment given to Pyrats in 
some of his Colonies, and more particularly in those 
under distinct properties had occasioned many ill 
minded persons, Seamen, and others to desert their 
habitations, and apply themselves to such wicked and 
destructive courses to the great weakening and dis- 
peopling of the Colonies so abandoned by them, and 
to the great dishonour of the English Nation; Where- 
upon he has also required us to write to the Severall 
Proprietors and Governours of all his Plantations that 



13^ ]^Ew Jersey coLOifiAL documents. [1697 

due care be taken for the future that no Pyrats or Sea 
Robbers be anywhere shelter'd or entertained under 
the severest penalties ; We are obliged thereupon to 
require )'"our strictest care, as We doe of others that 
all manner of discouragement be given in that Province 
of East New Jersey both to the Rise and progresse of 
such undertakings, And that upon the discovery 
thereof the Offenders be punished according to the 
utmost severity of the Law — We are 

Your very Affectionate friends 

J. Bridgewater 
Ph: Meadows 
W^ Blathwayt 
Jn° Pollexfen 

Abr Hill 
Whitehall, 
February 91^ 169? 



Opinion of Sir Cressivell Leiuinz, on the liability of 
East Jersey to New York for Customs. 

[From P. R. O. B. T., Vol. I., A 58, No. i: 

King Charles the 2'^ by Letters Patent Grants to 
the Duke of York his Heires & assignes all that 
Tract of Land in America now Called by the severall 
Names of New York East Jersey & West Jersey w*'' 
all waters Rivers & harbours to the pr'^mises belonging 
And the Goverment thereof according to the Lawes 
of England And power to admitt p'sons to tread & 
Trafflque unto & w"' in y'^ Same 

The Duke of York Grants those parts Called East 
Jersey & West Jersey w"' y" Rivers Harbours & other 
Royalties thereunto belonging, and the Goverm!' of 
those places and all Other privileges Granted by him 
to the King A: B: C: D: & their heires <Sz assignes. 



1697J SIR CRESSWELL LEWINZ ON NEW JERSEY DUTIES. 137 

These places have Ever Since been Under the Gover- 
ment of the Eespective Pp'rs. the Dukes Grantees 
thereof, & have held Gen'J Assemblyes w'^'' are in the 
Nature of parliaments within themselves & have made 
use of there Own portes & harbours for Lading & un- 
lading" the merchandizes Imported into & Exported 
from thence. 

After the Grant of these places made by the Duke 
of York the General Assembly of New York have Im- 
posed Seaverall Customs Upon Merchandizes Imported 
& Exported there, in w"' Generall Assemblyes the 
P'vinces of East Jersey & West Jersey had the [? no] 
I'epresentatives being esteemed Distinkt Goverments 
& Independent of New York. 

The Collectors and Officers of the Customes of New 
York Under p'^tence or color of an order from the 
Commissioners of the Customes in England Deney the 
Inhabitants of East & West Jersey the Use of there 
Own portes & harbours and ff orce em up to New York 
Unless they will pay the Same Customs in their own 
portes which are payed at New York. 

Qu: whether Customes upon merchandises Imported 
into & Exported from East & West Jersey can be im- 
posed Otherwayes than by Act of Parliament Or the 
Gen'.' Assemblyes of those Collonys. 

Answer. These Customes cannot be imposed but by 
Act of Parliament Or Some Assembly that Actes as a 
parliament according to the Rules and Goverment of 
the place. 

Qu: whither the Com'issioners of y° Customes in 
England Can Compell the Inhabitants of East & West 
Jersey to Enter their shipes and unlade their goods at 
New York or restraine them from Using their own 
barb's Unless they will pay the Dutys Imposed by the 
Assembly of New Y ork where the Inhabitants of East 
& West Jersey had no representatives nor were Under 
their Jurisdiction. 



138 KEW JERSEY COLONIAL DOCUMENTS. [169T 

Answer. East and West Jersey haveing been 
devided from New York by the Duke of York Grant 
also fron; the Goverment and Ever Sence by Allow- 
ances from y* Crown Used & Enjoyed a Goverment 
of there own distinct from y'' Goverment of the p'vince 
of New Yorke but had Assemblyes of their own 
wherein the Make Rules & Orders for themselves as 
a Distinck p'vince as New York Do for themselves. I 
Do not See how they can be bound by the Rules of 
New York or be Obliged by them or the Comissioners 
of the Customes here to Lade or Unlade theire Goods 
at New York. Creswell Lewinz. 

Vera copia — W" Dockwra, 
Seer: & Regf 
East Jersey. 

2: Apr: 97. 

A similar decision, differing but little in language, was given by Sir John Hawles 
under date of June 4th, 1697.— Ed 



From Attorney General Trevor to Secretary Popple, 
enclosing form of Bond to secure the perform- 
ance of their Duties by Deputy Governors in the 
Provinces. 

[From P. R. O. B. T., Prop., Vol 1, A 38.] 

L're from y« Att^^ Gen! with a Draught of a Bond 
to be enterM into by y® Prop*"® of Several 
Plant"® in Amei'ica. 

Sf 

According to their Lords'ps I have sent you inclosed 
a Draught of a bond to be entred into by the Pro 
priet™ of the several Plantac'ons in America for oblig- 



I 



1097] ATTORNEY GENERAL ON PROPRIETORS* BONDS. 130 

ing them to cause their Deputy Governor to obey such 
Directions as shall be sent to them by his Mat'" or other 
3'son acting by his authority pursuant to the Acts of 
frade relating to the Plantac'ons. 

Your most humble 
Serv^ 
9" Ap'^ 1697. Tho: Trevor: 

[Addressed] For William Popple Esq. These 



[Form of bond enclosed,] 
NOVERINT universi p' p'sentes me 

beneri et firmit' Obhgari Serenissimo Principi et Dn'o 
ar'o Gulielmo tertio Dei gracia Angl' Scotie ffrancie 
3t Hibernie Regi fidei Defensor in . libris bone 

8t legalis monetiAngl' Solvend: eid'm Dn'o Regi here d' : 
v^el Successorib's Suis ad quam quid'm Soluc'onem 
bene et fidelit' faciend' Oblige me Heredes Executores 
3t Administratores meos firmit p'p'entes Sigillo meo 
Sigillat' 

Dat' -die Anno Regni dicti Dn'i n'ri Guli- 

Blmi tertij Regis nono &c Annoq' Dm' 1097. 

The Condicon of this obligac'on is such that if the 
above Bounden . Proprietor of . in shall 
cause his respective Deputy Governor of . afore- 
said for the time being, from time to time and at all 
bimes to observe p'form and obey all such Directions 
and instrucc'ons as shall at any time be sent to such 
Governor from the King's most Excellent Ma'l'' or from 
any i^'son or p'sons now acting or that hereafter shall 
act by his ma*'.''" Authority, pursuant to, or for the 
better putting in Execuc'on, the several Acts of Trade 
relating to the Plantac'ons (viz*) An Act made in the 
Twelfth year of the Reign of the late King Charles 
the Second Entituted an Act for the Increasing of 
Shipping and Navigac'on An Act made in the fifteenth 
year of his said late M^''' Entituled an Act for the In- 
couragemt of Trade. An Act made in the two and 



140 NEW JERSEY COLONIAL DOCUMENTS. [169T 

Twentieth and three and Twentieth years of his said ' 
late Ma"r Reign Entituled an Act to prevent the Plant- 
ing of Tobacco in England and for Regulating the 
Plantac'on Trade, An Act made in the Twenty fifth 
year of the Reign of his said late Ma"" Entituled an 
Act for the Encouragement of the Greenland and 
Eastland Trades, and for the better securing the Plan- 
tac'on Trades, An Act made in the Seventh and Eighth 
years of the Reign of his p"nt Ma*i^ Entituled An Act 
for preventing frauds and Regulating Abuses in the 
Plantac'on Trade, and all other Acts of Parliam^ now 
in force relating to the Plantac'on Trade Then this 
Obligation to be void or else to remain in full force & 
virtue. 



From the King, to the Proprietors of East & West 
Jersey, relating to the Plantation Trade. 

[From P. R. O. B. T., Proprieties, Vol. 25, p. 69.] 

The King's Letter to the Proprietors of East and 
West New Jerseys relating to the Plantation 

Trade.^ 

W. R. 

Trusty and Welbeloved, We Greet you well. 
Whereas notwithstanding the many good Laws made 
from time to time, for preventing of Frauds in the 
Plantation Trade, it is manifest that very great abuses 
have been, and continue still to be practised to the 
prejudice of the same. Which Abuses must needs 
arise, either from the insolvency of the Persons who 
are accepted for Security, or from the remissness or 



'Delivered to Mr. Bass the 21 tn May 1G97. 

N. B. The Letter to West Jersey was the same (mutatis mutandis). 



1697] SECKETARY POPPLE TO JEREMIAH BASSE. 141 

connivance of such as has been, or are Governours in 
the Several Plantations, who ought to take care that 
those persons who give Bond shall be duely prosecuted 
in case of nonperformance; You are to take notice that 
We take the good of Our Plantations, and the improve- 
ment of the Trade thereof by a strict and punctual 
observance of the Several Laws in force concerning 
the same, to be of so great importance to the benefit 
of this Our Kingdom and to the Advancing of the 
Duty of Our Customs here, That if We shall be here- 
after informed that at any time there shall be any 
failure in the due observance of those Laws within 
Our Colony of East New Jersey by any wilfuU fault 
or neglect on your part, We shall look upon it as a 
Breach of the Trust reposed in you, deserving the 
marks of Our highest displeasure, So We bid you 
heartily farewell. 

Given at Our Court at Kensington this 22V.> day of 
Aprill 1697 in the 9^^ Yeare of our Reigne 

By his Majesty's Command 
Shrewsbury. 

To Our Trusty and Welbeloved the Proprietors of 
Our Colony of East & West New Jersey in America. 



From Secretary Popple to Mr. Basse, inclosing the 
form of Bond received from Attorney General 
April mh, 1697. 

[P. R. O. B. T. Proprieties, Vol. 85, p. 75.] 

Lett^ to M^ Bass ab* a Bond to be entered into by 
yf Propriet";^ of the Several Plantations in 
America. 

To M?' Bass 

S^ Whereas the lords Spiritual and Temporal in 
Parliament have (by a late Address) humbly repre- 



112 NEW JERSEY COLONIAL DOCUMENTS. [1697 

sented to his Majesty as a matter of great Iraportance, 
both to this Kingdom and his Majesty's Plantations in 
America that the many good Laws which have from 
time to time been made for the Government of the 
said Plantations should be strictly observed and put in 
Execution, And in Order thereunto have humbly pro- 
posed to his Majesty that the Several Proprietors of 
the Plantations where his Majesty hath no Gov- 
ernours of his own nomination may Enter into Secu- 
rity here that their respective Deputy Governours 
shall from time to time observe and obey all Instruc- 
tions that shall be sent to them from his Majesty or 
any acting under his authority, pursuant to the 
several acts of Trade relating to the Plantations; And 
whereas his Majesty hath thereupon been pleased to 
give Directions to the Lords Commissioners of the 
Council of Trade and Plantations to require Security 
from the said Several Proprietors accordingly; Their 
Lordships have command^ me to send you the 
inclosed form of a Bond which hath been prepared by 
his Majesty's Atturney General for that purpose, that 
you may communicate it to the rest of the Proprietors 
both of East and West New Jersey for their Com- 
phance there withall; And further to add that in Order 
to the more Speedy Execution of what his Majesty 
hath required in this .particular, their Lordships are 
desirous to Speak with you on Munday next at four of 
the Clock in the afternoon. I am &.'' 

W: R: 
Whitehall May 6? 169T. 



.697] Basse's commissiojs^ as governok of w. jeksey. l-iS 



Draft of Commission to Jeremiah Basse, as Governor 
of West Jersey. 

[From copy among Manuscripts of W. A. Whitehead.] 

To our Trusty &, Welbeloved &c Jeremiah 
Basse Esq. 

Greeting 

According to the power and Authority resideing in 
IS of Constituteing y® Governor and Commander in 
Iheife of y" Province of West Neiv Jersey in America 
vith all other offices Civill or Military thereunto 
Delonginge: haveing great confidence in the Ability 
prudence and Integrity of you the said leremiah 
Basse have nominated constituted and apointed and 
loe hereby nominate Constitute and apoint you our 
Governor Generall and Corii^ander in Cheife of the 
ictide Pro uirice giveing you full power and authority to 
Command Order ayid Govern the sametogeather with all 
Islets Hands Rivers and Seas within the boundaries of 
;he same Province or belonging thereunto and to doe 
md performe all and every thing and things which to 
:he charge and office of a Governor and Commander in 
Cheife will appertaine for the space & Tearme of one 
^ear from the date of these presents and so long after 
.intin some other perso' be nominated [& | constituted 
Governor in your roome by a nother commicon sent 
from London and arived in the same Proviyice and 
bheare published [on w'^'' this present commisseon to be 
v'oid]' Commanding all inferior Officers both Civill and 
Military which we hearby Comitionate you to Consti- 
tute and appoint to give due respect and obedience to 
you the said leremiah Basse as our Governor Generall 



' The words within brackets interlined, and the words "aecording- to Law "' here 
»rased.— Ed. 



144 NEW JERSEY COLONIAL DOCUMENTS. [1G97 

and Commander in Cheife of the saide Province, accord- 
ing to this our Commic'on and the power heareby given 
to you and according to the Lawes and Constitutions 
made or confirmed, or to be made or Confirmed, by 
us which you the saide Governor are yourself 
also to observe and follow as [to] your duty & 
office doth appertaine As also to observe and full- 
fill all such orders as shall be made and sent you by 
[us]' or the Cornmittee for the time being under 
y° publique Seal of the saide Province and we 
doe also Commissionate and Impower you y' saide 
leremiah Basse' to nominate Constitute and appoint 
by Commic'on under your hand and the seale of the 
Province a Deputy Governor under you to serve in y*" 
saide Province dureing your nessesary absence theare 
from and no longer he being obliged to observe and 
[p'f orme]' all s'='' orders as shall be made & sent under 
publique seale by us [or] y*" Committee for y® time 
being & Governing accordino; to y" Lawes [& Consti- 
tut"] of y*" saide Province. Given in London under our 
hands & y^ publique seale of ye said Province of West 
New lersey this eighteenth of May: Anyio Doni: 1697 
Annoq Domini Nostri Gulielmi Beg: Tertii none &c. 

Tho: Lane. 



> Although the draft from which this is printed is on parchment, and signed by 
Sir Thomas Lane it is not probable, the commission sent to America. That does not 
appear to have been executed before July 15th, 1697. Moreover, this document after 
being executed, seems to have been submitted to some one having authority to revise 
it, and hence the interlineations and alterations, and it was found in private hands 
in England. At the place indicated above, the following words were erased " the 
Kings Commic'ioners of the Counsell of Trade or the Commic'ioners of ye Customs 
or by us." — Ed. 

« " fullfiU " erased. 



L697] AGRBBMBN^r OF WEST JERSEY AUTHORITIES. 145 



Agreement Signed by the Governor, Council and 
Members of the House of Representatives of West 
Jersey, binding themselves to uphold, to the utmost 
of their power, the authority of the King as 
against all his enemies. 

[From P. R. O. B. T. Proprieties, Vol. B 19.1 

Whereas there has been a horrid and detestable 
Conspiracy formed and Carried on by Papists, and 
Dther wicked & Traitorous Persons, for assassinating 
lis MajesV^ Koyall Person in order to Encourage an 
[nvation from France on England, to subvert our 
Religion, Laws and Liberty; We whose names are 
lereunto Subscribed, do heartily, sincerely and 
solemnly profess, Testify and Declare, that his present 
Majesty King William's Kightfull and LawfuU King 
)f the Realms of England, Scotland and Ireland, and 
:hat neither the late King James, nor the pretended 
Prince of Wales, nor any other Person hath any Right 
tvhatsoever to the same; And we do mutually promise 
md Engage to Stand by and assist each other to the 
itmost of our Power in the Support and defence of his 
Maj'P most Sacred Person and Government against 
:he late King James, and all his Adherents, and in case 
lis Majesty come to any violent or untimely death 
which God forbid), We do hereby further freely and 
inanimously oblige ourselves to unite, associate & 
Stand by each other in revenging the Same upon his 
Enemys & Their Adherents, and in Supporting and 
iefending the Succession of The Crown, according to 
m Act made in the 1'.' year of the Reign of King 
W^illiam and Queen Mary; Entituled an Act declaring 
11 



14G 



NEW JERSEY COLONIAL DOCUMENTS. 



[1G07 



the Rights and Libertys of the subjects and settling' 
the Succession of the Crown 

Subscribed at Buriington May the 20"' 1697 

Members of y" House of Representatives 
And: Hamilton Governor John Holme 



Edward Hunloke ^ 
John Tatham 
Tho: Revell 
Nath: Westland 
Jn? Worlidge J 



John Reading 
„ , G-Eo Taylor 
^^^, .,And^ Robeson 
gov-Council^j^^^^^ Brandreth 

Sam"^ Hedge 
Jacob Dayton 
Joseph Woodrooffe 
John Shaw 
John Rambo 
Peter ^ Matson 

his niark 
Benjamin ^ Bramma 

his "^ mark 
John ashbrook ., 
John Crafford 



Address of the Governor and Council of West Jersey 
to the King, on his escape from the attempts of 
assassins. 

[From P. R. O. B. T. Proprieties, Vol. 2, B. 19, No. 3.1 

The Hu.mble addresse of your Majesties most 
LoyalL Subjects, The Governo'' & Council of 
^ your Majesties Province of West New Jersiein 
America. May 80**^ 1697. 

May it please yo'' most Excellent Majestic 

With hearts full of joy we blesse the Divine good- 
nesse in the delivery of your Majesties most Sacred 
Person (and in it our Religion, our Rights, our Liber- 
ties) from the attempts of most barbarous Assassins. 



1697] QUAKER AGREEMENT TO UPHOLD THE KIXG. 147 

We do assure your Majestie that with y*" same cheer- 
fulhiesse we shall be allways most ready to Justify 
our Loyalty agreeable to y® Association we have en- 
tered into. 

Long and happy be yo' Majesties Raign over us, 
And may all devices against your Sacred hfe and Gov- 
ernm* be conf ound'^d and brought to nought 

So prayeth May it please your Majesty 
yo'' Majesties 
Most humble & most obedient Subjects and Servants 

And: Hamilton G 
Edward Hunloke 
John Tatham 
Tho: Eevell 
Nath: Westland 



Agreement of the Quaker Members of the House of 
Representatives of West Jersey, to uphold the 
interests of the King. 

[From P. R. O. B. T., Proprieties, Vol. (2) B 19, No. 4.] 

Wee the Subscribers to this present Instrument 
(being vnder y*' Denomination of Quakers) haveing 
vnderstood, that a Horrid Plott, and Conspiracy, hath 
been contrived against ye person and Government of 
King William y*" third, over England &c: which it 
hath pleased God, graciously to prevent; by a timely 
Discovery thereof: as appears at large, by an Act of 
Parliament presented to vs at this time by our Gover- 
nor, Andrew Hamilton: Recommending it as propper, 
for us after y® example of England &c: to Subscribe, 
to ye form an association in that Act Contained. ' Or 
at least; that such of us whose Religiouse Principles 

1 This association was framed in Parliament in May 169G; the plot referred to 
having been frustrated a few months previously. Tindal says: "The association 
was carried from the Houses of Parliament over all England, and was signed by all 
sorts of people, very few only excepted."— Ed, 



148 



NEW JERSEY COLONIAL DOCUMENTS. 



[1697 



will not suffer us to Subscribe in manner and form 
therein Expressed; Should Answer y"" Intent of it, by 
Subscribeing to a Declaration, of our fidehty, and 
Loyalty, to y'' King and Government as now Estab- 
lished, which we willingly, and ChearfuUy doe in 
manner following viz: 

Wee doe SoUemnly Promise and Declare, in y^ 
presence of God, ye witness of y® truth of what we 
say That we will alwayes be ffaithfull to King William 
and vse all such Endeavors, as we can for y° preserva- 
tion and Safety of his person and Government, and 
doe Utterly Abhorr, and Detest, all Traiterouse and 
Dissloyall practices, against our King and Government, 
and are thankfuU to God, for his preservations Con- 
tinued over his person; and y® Realmeshe Rules which 
we pray God long to Continue in peace and Safety. 
Sam^^ Jenings Speak'. 



Francis Davenport 
William Biddle 
Mahlon Stacy 
Daniel Mills 
Tho: Gardiner 
Thomas Thackery 
Richard Heritage 
John Taylor 
James Atkinson 
Sam^'iSpicer 
John Adams 
Thomas Raper ? 
Joshua Humphris 
Thomas Lambert 
John Scott 
Henry Callingor 
Richard Davkin 
hananiah gam 
Joseph Cooper 
Joseph Browne 
John Wright 



William Cooper '--^ 

John Hollinghead 

Peter Frettwell 

JoN^ Beere 

Benj Wheate 

John Thompson 

William Pate ? . h 

ArCHEBELL MlCHELL-/flA<?lc 

Fred: Jam. Lippincott 
Robert Wilson i 
William Wood 
George Deacon 
John Hugg 
Mathew Medcalfe 
The mark of 
John ^ Woolston 
The marke of 
John '^ Day 
Sam"^"- Wade 
John Hugg J'' 
W« Hall 



1697] APPROVAL OF J. Basse's appointment asked for. 149 



Memorial of the Proprietors of East and West Jersey, 
asking for the approval of the appointmeyit of 
Jeremiah Basse, as Governor of those Provinces. 

[From P. R. O. B. T., Vol. 1, A 44.1 

Mem! of y® Pro[/® of E &> West New Jerseys, signi- 
fying their having nominated M^ Jeremiah 
Bass to be Gov"^ of those Provinces, &> desiring 
his Ma*^'s approbation 

To THE Rf HON^?-'' THE LORDS COMM*^ OF TrADE AND 

Planta'cons 
Whereas by a late Act of Parliament all Govern'* 
to be Chosen by Propriet'^ of Lands within His Maj^-*' 
Dominions and Territoryes in America are to be 
approved of by His Majesty 

And the Proprietors of the Provinces of East and 
West Jersey in America being Satisf yed in the Loyalty 
of M' Jeremiah Basse to the Crowne; his affec'on to 
the present Government, Experience in the Affaires of 
the Said Provinces, and abillity for public Employment. 
Have Chosen and appointed the Said Jeremiah Basse 
to be Govern^ of the Said Provinces. 

The said Proprietors doe therefore humbly recom- 
mend the Said Basse to yo' Lordships in order to have 
his Maj!* approbac'on and pray that the Said Basse 
may be approved of for Governour of the Said 
Provinces. 

Tho Lane 
Tho: Hart 
Peter Sonmans 
Tho: Cooper 



loO NEW JERSEY COLONIAL DOCUMENTS. [1697 



Letter from Lords Commissioners of Trade to Jere- 
miah Basse, relating to the necessity for his 
giving security before being appointed Deputy 
Governor. 

I From P. R. O. B. T. Proprieties, Vol. 25, p. 83.1 

To M?^ Jeremiah Bass 

S'^ The Lords Com'issioners of the Council of Trade 
have commanded me to acquaint you that they Judge 
it expedient, that the Security which is required for 
the Governors of Proprieties, be taken here before they 
present to his Majesty or the Lords Justices, the 
names of any persons for those Governments. That 
you may thereupon take your own measures for the 
Expediting of what is to be done with relation to your 
nomination to the Government of New Jersey &? I am 

W: P: 

8 June 1697. 



From Jeremiah Basse to Secretary Popple. 

[From p. R. O. B. T., Vol. 1, A 48.] 

Letter fi*om M'" Jerem: Basse about Pirates and 
Piracies [and the Secui'ity demanded of him 
as Governor of New Jersey.] 

London 15 July 1697 
S" As I always believe itt to be my duty so itt shall 
be my constant endeavor to Com'unicate to you any 
thinge that I beleive may conduce to the honor or 
interest of his Most Excellent Majesty or of this 
nation. & I cannot but hope that by a favorable con- 
struction of my first attempt in this kind you will 



1697] GOVERNOR BASSE ON PIRATES AND PIRACIES. lol 

embolden me to Continue my writeinge to you when 
It may be I may have somethinge of greater Conse- 
quence to Offer to your Consideration. 

You cannot be unsensible of the dishonnor as well 
as damage that this nation sustaines by the increasinge 
of Piracies under the banner of England in any part 
of the World. And as the perticuler depredations of 
Avery on the coast of India & Arabia togeather with 
the ill ef ects thereof hath come under your Coynisance 
so I beleive you have not been uninformed of the 
increasinge of Pyrates in those coastes ocationed by 
the great expectations of Eiches to be obtained theare 
& itt may be by the too much Connivance of those in 
whose power itt may have been to have suppressed 
them; the sundry Plantations boath oppon the Maine 
& in the Islands of America haveinge not a little 
contributed to the increasinge of this trade sundry 
vessels suspected to be bound out on this designe 
haveing in my time sayled from one or another 
province on the Continent leavinge some of them 
Wives and families as pledges of their returne behind 
them & I am advised that four or five vessels are ex- 
pected to returne with in these few months who have 
one board men appertaineinge to the Provinces of New 
England New Yorke the Jersies &c. & they will be 
emboldened thearto by the good entertainement that 
they have formerly met withal in some of these 
provinces & their ignorance at preasant of any thinge 
that may make them Jealeous of being worse enter- 
tained now unless any new orders concerninge them 
to the respective Governors should have reached their 
eares Which If they have Obtained they will endeavor 
to prevent the force of by runninge their vessels into 
some unfrequented Port & thence dispersing them- 
selves wheare their inclinations lead them to believe 
they may be most secure in which places itt may be 
they will Abide till by extravagance haveinge ex- 



l52 NEW JERSEY COLONIAL DOCUMENTS. [1697 

hausted their stock they are forced to prepare for a 
New Expedition Which to prevent for the future itt 
beinge in my opinion very much our honnor & interest 
so to doe I would desire Your advice: 

What to doe with those that have formerly followed 
this trade and at preasant may be setled in any part of 
the Jarsies & also 

What course will be best to take with those that 
heareafter may come in amongst us in order to the 
supressinge of them for the time to come, the gener- 
ality of our people receivinge no small advantage by 
the currencie of their monys I know are not very for- 
ward in their suppression & nead to be engaged to itt 
by an expresse & positive command from that power 
that they dare not be disobedient unto, and I must 
acknowledge the damages I have personally sustained 
by these sort of men haveinge been taken & ill used 
by some of them fills me with a just aversion to them. 

I must also begg your advise on some things rela- 
teinge to the Government Of the Jersies that I may 
not through Ignorance offend, but shall leave them to 
another oppertunity at Preasant Shall onely desire to 
be informed wheather every person that Is in any 
Place, either of State or trust wheather as Commiss" 
of the Peace Sherifs. &c or wheather Sittinge in the 
Assembly as the peoples representatives are not to 
qualifie themselves by takeinge the oaths & Signinge 
the Assotiation as presented by Act of Parliment the 
knowledge of this & the Instructions of the Lords 
Com'issioners of the Counsell of trade relateinge 
theareonto would be of no meane concerne to our 
provinces. 

I am sorry the Absence of some of our prinsepall 
proprietors hath hindered me from layinge before them 
the bonds ite proposals of Security demanded by the 
Lords Com'issioners of the Counsel of trade which by 
yours of the 8*'' June: I expected to be previous to my 



1697J GOVEENOE BASSE ON PIEATES AND PIEACIES. 153 

nomination to the Government of the Jarsies. I can- 
not but acknowledge that ware the things true that 
are alleged against the proprietarie Colonies & their 
Governors theare would sceme to be some reason for 
this demand & Yet even then (I would humbly Offer 
itt as my opinion that) the security that Is the bond of 
the Governor resideinge & actinge in the saide 
provinces may be adjudged suffitient, espeatialy for 
those provinces that the proprietors are pleased to 
intrust me withall. No person beinge Capable of 
actinge without his Majestyes aprobation which Indeed 
seeme to render them almost as much the choise of 
the crowne as of the proprietors It beinge rationall to 
suppose that the crown will not approve of any that 
theare is not good grounds to beleive will to their 
utmost promote the interest & honnor thearof and 
indead espetially as to myselfe If I ware so foolish 
as to act in contradiction to that in which it is beleived 
the interest of the Crowne doth Consist I see not 
much probality of my haveinge opertunity so to doe 
TobbacoS the transportation of which to Holland or 
Scotland beinge the thinge prinsipaly complained of 
not groweinge within the boundaries of the Jarsies in a 
sufficient quantity to supply their owne expence 
neither can I thinke the Crowne will run any risque 
in the acceptinge of a personall security from the Gov- 
ernor provided he hath an interest either in the 
Government or in England that may answer his bonds 
If forfeited & itt most rationall that If he offends he 
alone should be punished for his Offences which he 
will be by incurringe the penaltys of the Acts of Par- 
liment forfeitinge his bond & looseinge of his Govern- 
ment. And In a word I cannot but looke uppon itt as 
a little to great a Suspition of my probity ifc zeale to 
his Majestyes interest to require so great a Caution 
when those Gentlemen who have adventured to en- 
trust me with the government have also entrusted me 



154 NEW JERSEY COLONIAL DOCUMENTS. [1097 

with the management of all their Estate theare which 
hath Cost them some thousand pounds more than the 
sum demanded to be given bond for & this without 
ever demandinge my own much less other security. 
S"^ I would willingly be so much in the good opineon of 
this government as to induce them to believe that I 
shall doe as much nay more that may conduce to itts 
honnor & interest from that pationate desire of its 
Welfare & a Constant Affection to itt which I have 
ever accordinge to my ability discovered then I could 
be induced to by the feares of any penalty or damage. 
Excuse S' What you judge amiss & beleve me to be S"^ 
Your obleidged & very humble Serv" 




From Jeremiah Basse to Secretary Popple asking for 
a reply to the foregoing letter. 

[From p. R. O. B. T., Proprietors, Vol. 1. A -JO.] 

Letter from Mi*. Jereni: Basse about Pirates and 

Piracies. 

London y^ 21*" July 1697 

I was in some hopes to have Receved some rephe to 
mine of the IS*'' [15J Inst: & the rather In that I feare 
the time of my stay in England begins sensibly to 
shorten. 

I am shure none ever went into those Colonies with 
more steady resokitions vigorously to promote every 



1697] A^ISWER TO FOEEGOIiS^G LETTERS. 155 

thing that may be the advantage or honnor of the 
crowne & shall be extreamely sorry If I am disabled 
through want of necessary orders from the Eight 
honor''"" the Lords Comi'tioners of the Counsel of 
Trade Pyracies the great & just complaint of America 
ought to be discoraged & though I am sensible Who 
ever attempts it in that manner y' I would willingly 
doe will theareby expose themselves to no meane haz- 
ards. Yet am fuUy resolved to Conforme my selfe to 
the instructions I hope & desire to Receive from that 
honorable board in order theareunto. 

The preventinge frauds in trade Is the ground of 
those late acts of parliment that Relate to the planta- 
tions & even in this also I shall nead some rules to 
walke by. I should be Obleidged to you If you would 
favor me with a line in answer either to this or my 
former & that You believe me to be 

Your very humble Serv'* 
For Wm. Popple Esq' J Basse. 

att Whitehall. 



From Secretary Popple to Je^^emiah Basse, in ansiver 
to the preceding letters. 

[From P. R. O. 3. T., Proprietors, Vol. 25, p 93. J 

Letter to Mr. Basse About Pyi-ats tt Pii-acies. 
To M? Jeremiah Basse. 

Your Letters to me of the 15"' and 2P Instant have 
both of them been this day laid before the Lords Com- 
missioners of the Council of Trade and Plantations, 
And their Lordships upon Consideration thereof being 



lo6 NEW JTERSEY COLONIAL DOCUMENTS. [1697 

pleased with the Zeal you Express for the Suppression of 
Pyrats, and desirous to make use of all the light they 
can get to assist them in their deliberations how best 
toattain that end, have Commanded me to desire from 
you a more particular Explanation of some things 
which you hint at upon that Subject; Viz*: Which of 
the Provinces are they that you understand to have 
been most blamable in their Conduct towards Pyrats '^ 
What particular Matters of Fact do you know, relating 
either to the Pyrats themselves or their abettors ? who 
are the Pyrats now Expected to return, and to what 
particular place. By whom is it that you say you 
were taken and how did they use you ? What methods 
do you think most proper to be used for the Suppress- 
ing of Pyrats ? And how is it that you say you are 
desirous to go about that work i What Court is there 
in either of the Jersies that can or ever did try Pyrats ? 
And what Law have they there to do it by ? Your 
particular and full Answer to all which heads will be 
very acceptable to their Lordships. 

To the remaining part of your Letter; which con- 
cerns the taking of the Oaths and signing the Associa- 
tion, I am not able to give you any better light, than 
by referring you to the Act of Parliament which re- 
lates thereunto; And as for the Bonds or Security to 
be taken from the Governors of Proprieties, you can- 
not but have understood by my Letter of the sixth May 
last That what hath been required by this Board on 
that subject hath been by his Majesties particular 
direction, upon the Address of the Lords Spiritual and 
Temporal in Parhament, And ought not therefore to 
be taken as anything peculiar to your Self, nor ought 
you expect that this Board should alter from the Eule 
which his Majesty has so directed them to observe, 
I am 

WiTEHALL 22 July 

1696 W P. 



1697] JEREMIAH BASSE ON PIKATES AND PIRACIES. 157 



From Jeremiah Basse to Secretary Popple, about 
Pirates and Piracies. 

[From P. R. O. B. T., Prop., Vol. 1, A 50.] 

L're from M'" Jerem: Bass ab* Pirates & Piraciss. 

London y"^ 26"' July 169Y. 

As it cannot but be extreanaely satisfactory to me 
who realy desire the Welfare of the Plantations & 
their settlement on the bassis of honnor & Justis to 
find that the Right Honorable the Lords Comis" of 
Trade & Plantations make itt no meane part of their 
buisness to inspect into the miscariages that have been 
amongst them & to direct unto wholesome meanes of 
removeing them So I shall still looke oppon itt as my 
duty to contribute my mite If that may afford any 
light to them in their deliberations. And in order 
theareunto shall distinctly consider yours of the 22'^ 
Instant. 

As to the first thinge Which of the Provinces &c. 
I cannot but thinke that Most of the Colonies of 
America boath on the maine & in the Islands have 
been somewhat to blame in respect of their conduct 
towards such persons as have committed thir rapins & 
piracies super altu mare some of them I believe 
through Ignorance of their duty others through in- 
ability to doe anythinge towards their Suppression & 
some no doubt blinded by the prospect of gaine & ad- 
vantage have given to great a countenance to them 
but those that have been most noted for protection or 
furnishinge of them whilst I was in the Country ware 
Rhoad Island New York Carolina & Providence. I 
must acknowledge that I have known severall pertic- 
uler persons that have been judged concerned in those 



158 NEW JERSEY COLONIAL DOCUMENTS. [1697 

ill designes that have been entertained and setled in 
the provinces of Jarsie Pensilvania Mariland & Vir- 
ginia, butt as to those in the Jarsies they have on ex- 
amination produced as A warrant for our entertaine- 
inge a Pass from the Governor of New York which 
Obstructed any further enquiry by us. 

I am informed (& if I err in my informations I hope 
you will pardon itt) that theare is now out uppon that 
designe The Kent of about 200 Tuns 18 Gruns One Ball 
late Comand"^ who dieinge Comeinge from Jamaica 
was succeded by Thomas Day she is saide to have put 
into Carolina sould all her loadings att under rates 
tooke in men and provitions & Is gone privateringe. I 
suppose you are already informed of Ive & that came 
into Rhoad Island & thence to New Yorke fitted out 
againe & carried with him one Want in a briganteen 
& another Vessell they are saide to have since 
strenghned themselves by takeing a Vessell belongeing 
to the Merchants of New Yorke commanded by one 
Glover. It is reported they have since made some re- 
mittances to the owners to make satisfaction for that 
depredation. 

Theare is another Glover that came from Jamaica in 
a Sloope took a Eich Price from the French afterwards 
went on the coast of Gunia & is since joyned with the 
rest on the Coast of Arabia In the whole I have been 
informed that theare is gon from Boston one, Rhoad 
Island two New York one Pensilvania one Carolina 
one, & one from Barbados some others theare are that 
are run away with Vessels belongeinge to the Mer- 
chants but are not yet certair^ely discovered to be gone 
thither, one of these rovers was met at the Cape bono 
Esperansa by the Nassaw homewards bound from 
India as I was informed by the Mate of her who beinge 
fearefuU least the dutch should make prise of them 
got leave to putt some chestes of mony one board them 
which beinge granted he informed me they received 



1697] JEREMIAH BASSE ON PlllATES AND PIKACIES. 159 

four one boord so ponderous that six men at the tackels 
could hardly hoist them in he saide then delivered 
them again att Sea & Learnt from them that they 
were bound to their rendevouze att the Island S' 
Lawrance or Madagascar. 

the persons expected to returne are Ives company 
all those that say led from New Yorke & Rhoad Island, 
& it is believed that on the heareinge of the alteration 
of the government in New Yorke they will endeavor to 
Conceale themselves in the Jarsies or Pensilvania the 
Jarsies haveinge no fort to oppose them & not beinge 
much inhabited in their harbors they recon themselves 
secure theare some persons I am [have ?] assertained 
have already been makieng preparations for their re- 
ception and entertainement they have also entertained 
a Notion that the Jarsies not actinge by the King's 
im'ediate Com* have not suffitient power to seise them 
& bringe them to deserved punishment which contri- 
butes not a little to their boldness in comeing. 

I was taken by a Pyrate after about six howers en- 
gagement her commander was one Norman ali Vinblin 
a German he had a ship of 30 guns about 130 men 
Mixt English Dutch French &c about 20 to the south- 
ward of Porto Rico & Caried to the West End of Hys- 
paniola a little to the windward of the Isle de Vaca 
com'only called the Isle of Ash, theare they unloaded 
our Vessell & built them fortes on a small key or 
Island that lay att the bottome of the bay they tooke 
a Sloope which they manned & sent to cruise betwixt 
Beata & Altovalla & the Island of Hispanialo for 
vessels bound to windwards from Jamaica they used 
us extreamely hard beate us pinched us of Victuals 
Shut us down in the night to take our Lodgeing on 
the Watter Casque detained us till they had Carrened 
their ship & fitted her for sayleinge and then design- 
ing on the Coast of Gunia gave us our Liberty. 

Some methods in order to their Suppression I have 



160 NEW JERSEY COLONIAL DOCUMENTS. [1697 

already formed & cannot but believe that they will 
prove efectual to that end had I butt power suffitient 
put them in practis waich could I hope to Obtaine by 
the Recommendation of the Right honorable the Lords 
Com' of the Counsell of Trade I should soone lay before 
them the scheame of. And Indead shall nead no far- 
ther power then the Crownes approbation to the Gov- 
ernment & Com'ission of Viceadmiralty to suppress 
them in all those partes that my Com'ission will reach 
unto what are without the bounds of the Jarsies must 
be subdued by other methods. 

I doe not know of any courtes in the Jarsies that 
have suffitient power to trie pyracies itt beinge the 
declared judgement of M"^ Attorny Generall that we 
have no Admirall Jurisdiction & pyracies in my 
opinion not beinge properly to be tried by the Com- 
mon butt Civill Law & Com'ition of Vice-admiralty I 
doe not know of any that hitherto have been tried for 
that fact in either of the two provinces & If they had 
I feare might have demurred to our power & authority 
that defect is supphed or at least I hope will be by his 
majesties commisionateinge Viceadmerals in Every 
province, 

I am very sorry that their Lordships insist so posi- 
tively on security to be given for the Grovernors of the 
proprietary Colonies since I find the proprietors grow 
still more & more averse to a Compliance with itt & 
think itt to great a hardship uppon them. Certaine I 
am the want of the Crownes aprobation will prove 
of very ill Consequence to the plantations & as to my 
own part almost utterly disable me from either give- 
ing due protection to the people or fully punishinge 
the opposers of our peace and quiet. The Late act of 
Parliament Obleidgeth all Governors to be aproved 
by the Crown the people as they have the knowledge 
of this act so they AviU expect imediately at the arival 
of any Governor not oneley that the Proprietors Com- 



1697] JEREMIAH BASSE ON PIRATES AND PIRACIES. 161 

mission be produced butt that [it] be also certified of 
the crownes aprobation of the same person as Governor 
& this before they will Owne any subjection to him. 

Some Government & such & one that may have not 
onely a suffitient power to protect & defend the people 
in their hbertyes & estates butt to repress all injuries 
& violences committed against them is of absolute ne- 
cessity the want of it will reduce the provinces into a 
State of Anarchy the strongest hand or the longest 
sword will be the best tittle to goods or estates All 
sortes of 111 practises in such a soyle that is not con- 
tinualy tended like weeds in an uncultivated garden 
will soon springe up, & what will not the unsatiable 
thirst of Gold engage men to attempt when they are 
Consious that theare is not a suffitient power to take 
cognizance of & to punish their miscarriages. 

The late Act relateing to the plantation trade hath 
in the Judgement of our Lawyers laide aside the 
preasant Governor of the Jarsies. The want of aproba- 
tion will in a great measure disable me from actinge 
or at least actinge in such a manner as may tend to 
the good of the people & honnor of the crowne as may 
protect the Loyall & industrious subject & punish 
pirates & other malefactors & how miserable then 
must the condition of the provinces bee. 

I know itt is your opinion that without the King's 
ap'robation as a due sanction to my commissior I 
cannot securely the tearmes wheareby I must Obtaine 
that sanction are not in my power to comply withall 
had the crowne required anything of me as a Caution 
for my good a bearinge had it demanded any testimony 
of my ability to govern my corage to maintaine the 
honnor of Government & not to suffer itt to be 
affronted by the enimies of it had it required an evi- 
dence of Loyalty & sincerity in any thinge though 
never so dificult that I could personaly have complied 
with ray ready Obedience should have showne 
U 



162 NEW JERSEY COLONIAL DOCUMENTS. [1697 

my willingness to comply, but I must content my 
selfe with a Constant endeavor in my station to sup- 
press evill & advance good accordinge to the Utmost 
of my ability & if through a want of power their 
should be to great an increase of the one or decrese of 
the other I hope my conduct will not be to be blamed. 
But S"^ I have that Confidence in your zeale for the 
General! good of his Majesties Subjects in the planta- 
tions that I doe stiU perswade my selfe you will Con- 
tribute your endeavors to obtaine some way or another 
a supply of this defect of power either to me or to 
some other person more deserveinge of itt & that 
either by accomodateinge the tearmes of aprobation so 
as they may be complied with without a dependance 
On other persons or else to make up what is defitient 
in the proprietors commition by one more imediately 
from the Crowne which would be no matter of difi- 
culty the Power of Admiralty beinge lodged in the 
crowne & our Commission to act Necessarily pro- 
cedinge from thence, I must begg your pardon for the 
imperfections of this teadious scribble & hope that you 
will believe me bee 

s-- 

Your very humble Serv* 
J Basse. 



Secretary Popple to Jeremiah Basse, in aiisiver to the 
foregoing. 

[From P. R. O. B. T. Proprieties Vol. 25, p. 103.] 

Letter to M^ Basse about Pyrats 

To Mr. Basse 

S?' Your Letter of the 26"' of July had been read 
before the Lords Commissioners of the Council of 
Trade; and the business of Piracy that you speak of 



1697] COMMISSIONERS OF TREASURY TO LORDS OF TRADE. 103 

again considered: Whereupon their Lordships have 
commanded me still to desire of you the most particu- 
lar instances of matter of fact that you can give in the 
General things that you hint at Viz' about the enter- 
tainm* of Pyrates in Rhoad Island, N: York, Carolina 
& Providence: What are jf names of the Pyrats; 
and in what man'er & by whom have they been enter- 
tained; About y? Pyrats that you say are gone from 
Boston, Rhode Island, New York, Pensilvania Caro- 
lina and Barbados; Who are they; who are concerned 
with them? And what are their designes? About y? 
Pyrate w*^}" you say you were informed of by jf mate 
of y* Nassaw; what is y? mates name? And how may 
he be spoak withall; in Ord': to y? getting some further 
Informat° from him? You see by these Quest"' y* y? 
thing their Lo'^' aim at is such sohd & prticuir Infor- 
mat'?' as may be built upon So y^ w* you can contribute 
there unto will be very acceptable to y™ I am 

W: P: 
Whitehall 4. Aug'* 169Y. 



Secretary Lowndes, of the Commissioners of the 
Treasury, to Secretary Popple of the Lords of 
Trade, transmitting documents referriyig to the 
payment of Customs in New York, by people in 
East and West Jersey. 

[From P. R. O. B. T. Proprieties, Vol. 1, A 53.] 

Lre from M^ Lownds by ord^ of y*' L'^' of y« 
Treasury referring to this Board the Consid- 
erate of a Report of y^ Com''^ of y^ Customs 
upon a Peti° of y® Proprietors of E: & W: 
New Jerseys relating to their Ports. 

Sir By Order of the Lords Commissioners of his 
MaV' Trea'ry I send you the inclosed Report from the 



164 NEW JEESEY COLOKIAL DOCUMENTS. [1697 

Comm" of his Ma*^' Customes upon the Petic'on of Sir 
Thomas Lane Kn* and Several! others the Proprietors 
of East and West Jersey in America, My Lords desire 
you to lay the same before the Right Honorable the 
Lords Commissioners for Trade and Plantac'ons for 
their Opinion thereupon, Which you are desired to 
transmitt togather with the said Report to Sir 

Trea'ry Chambers Your most humble servant 
8'!" September 169Y W^^ Lov^^ndes: 

M? Popple. 
[Addressed] To William Popple Esq- Secref^'' to the R* 
hono^^^ the Comm"^^' for Trade and Plantac'on These 



to the rt hon^'f^'y. lords commissioners of his 
Majesties Treasury 

The humble Petition of S"" Thomas Lane, S!' Jo? 
Moore Kn*.' William Penn, Daniel Cox Esq""' Paul 
Dominique, William Dockwra, Peter Sonman, Thomas 
Hart, Walter Benthall Merchants on behalf of them- 
selves and the rest of the Proprietors of the Provinces 
of East and West Jersey in America. 
Sheiveth 

That the late King Charles the second by Letters 
Pattents in the sixteenth year of his Reign under the 
Great Seal of England, did Grant to your Pef' power 
to constitute Marttine and other Officers and to make 
and Erect Ports in convenient places within the said 
Provinces, which power w"' some other Priviledges 
Induced and Encouraged your Pet'.* to venture and lay 
out their Estates and to send over a Great number of 
People to settle and Improve the said Provinces. 

That the better to prevent the breach of the Several 
Acts of Navigation to secure such Customes as should 
become due to the Crown; and to promote theii- own 
Trade, your Petitioners pursuant to the said powers 
have made and constituted the Townes of Amboy in 
East Jersey and the Townes of Burlington, Salem & 



1697] PETITION OF PROPRIETOES ABOUT PORTS. 165 

Cape May in West Jersey, to be Ports for the Lading 
and unlading Goods and Merchandizes. 

Notwithstanding which and that jf said Provinces 
are not any ways dependant on or part of the Province 
of New York, Yet the Collectors there pretend and 
presume to make all ships and Vessels bound to y? said 
Jerseys, to come to New York to unlade or to pay 
Custome there for the Goods imported in the said 
Ships and Vesells, and have lately enforced Severall 
persons so to do, w".'' your Pef.^ are advised is illegal & 
greatly hinders and discourages the Trade of the said 
Ferries and consequently lessens his Maj*^ Customes & 
Duties. 

Your Pet'.* therefore humbly pray they may enjoy 
y! liberty of their own Ports for the lading & unlading 
Goods & Merchandizes, & y* the CoUecf-^ of New York 
may for y? future be restrain'd from y? s!' p'tensions & 
practices so illegal & injurious to your Pef.^ 

And your Pef.* shall ever Pray &c. 
W^.^ DocKWRA. Dan: Cox 

Walter Benthall Peter Sonmans 

in behalf of themselves and the rest 
Whitehall Treasury Chambers 
1? March 169?. 

The Lords Commissioners of his Majesties Treasury 
are pleased to refer this Petition to the Commissioners 
of his Majesties Customes, who are to consider the 
same, and Report to their Lordships a true state of y" 
Petitioners case, together with their Opinions what is 
fit to be done therein W^/ Lowndes. . 



May it please your Lo^.^ 

In Obedience to your Lordships Commands signified 
to Us by M"" Lownds, on the annexed Petition of S"" 
Thomas Lane, S-' John Moor Knights, William Penn, 
Dan" Cox Esq", Paul Dominique, W" Dockwra, Peter 
Sonmans, Thomas Hart and Walter Benthall Mer- 



16G NEW JEESEY COLQNIAL DOCUMENTS. [1697 

chants on behalf of themselves and the rest of the 
Proprietors of East and West Jersey in America, 
setting forth That the late King Charles the Second by 
Letters Patents in the sixteenth year of his Eeign, 
under the Great Seal of England did grant to the 
Petitioners Power to Constitute Maritine and other 
Officers, and to make and Erect Ports in convenient 
places with in the said Provinces, which power w*!* 
some other priviledges, Induced and Encourag'd the 
Petitioners to venture and lay out their Estates and to 
send over a great number of People to Settle and im- 
prove the said Provinces. That the better to prevent 
the breach of the Severall Acts of Navigation to Secure 
such Customes as should become due to the Crown 
and to promote their own Trade, the Petitioners pur- 
suant to the said Power have made and constituted 
the Townes of Amboy in East Jersey; And the Townes 
of Burlington, Salem and Cape May in West Jersey, 
to be Ports for the lading and unlading Goods and 
Merchandizes. Notwithstanding which and that the 
said Provinces are not any wayes dependant on or part 
of the Province of New York Yet the Collect'".* there 
pretend & presume to make all Ships & Vessels bound 
to y? s? Jerseys to come to New York to unlade or to 
pay Custome there, for the goods Imported in the said 
Ships and Vessells, and have lately Enforced Severall 
persons so to do which the Petitioners are advised is 
Illegal and greatly hinders and discourages the Trade 
of the said Jerseys and consequently lessens his 
l^ajestys Customes and duties. Praying they may 
enjoy the liberty of their own Ports for the lading and 
unlading Goods and Merchandizes. And that the Col- 
lector of New York may for the future be restrained 
from the said Pretentions & Practices so illegal and 
injurious to the Pet'/ Wee do humbly Report to your 
Lordships, That upon hearing the Severall Parties on 



%. 



i 



1697] COMMISSIONERS OF THE CUSTOMS ON ]S. J. PORTS. 167 



both sides, It seems that the Inhabitants of New York 
having granted a Certain Revenue to the Crown of 
England for the defence of that Province arising by 
an Impost or Custome on Imported & Exported Goods. 
Indian Trading, Goods carryed up Hudsons River to 
Albany and Excise of Liq"".* retayled. The Collector of 
these duties hath demanded the same on all Goods 
belonging to the East and West Jerzeys coming within 
the River (which being about a Mile and half over, 
divides the Jerseys from New York) being as he 
alleageth, agreeable to former practice before his time, 
which is owning the chief matter of Complaint in the 
Petition, But the said duties being not under Our Man- 
agement, or Cogniza*!° And this Board having never 
given any directions Whereby the Inhabitants of the 
Jerzies have been denyed the use of their own Ports & 
Harb" We humbly submit that matter to your Lord- 
ships Consideration. 

Humbly acquainting your Lordships That in the 
Establishment of Officers presented from hence for 
Virginia and other his Majesties Plantations on the 
Continent, which your Lordships were pleased to 
approve by your Warrant of the 20^^ of Novembr last, 
there is a Collector appointed at Perth Amboy in East 
Jersey, and another Officer at Bridlington in West 
Jersey with Suitable Instructions from Us to CoUect 
the Rates and Duties Imposed by the Act made in the 
25*.'' Year of the Reign of King Charles the Second 
upon Tobacco and other of the Plantation Commodi- 
ties therein enumerated w'^.'' shall be Shipt or laden 
from thence for any other of his Majesties Plantations, 
as also to inspect the like Commodities which Shall be 
laden upon Ships bound directly to this Kingdome, 
And to attend the delivery of all European Goods 
brought from hence which are the Cheif Matters we 
are concerned for, and for these purposes tis necessary, 
That there should be such Priviledged Ports for the 



168 XEW JERSEY COLONIAL DOCUMEKTS. [1697 

Officers of the Customes attendance in Order to the 
dispatch of Business both Inw''.** and Outwards- 

Custome house All which is humbly submitted 

London 31. Aug*' to your Lordships Considerations. 
1697. RobT Henley 

Sam: Clarke 
Jo: Austen 



From Secretary Popple to Secretary Lowndes, in 
answer to the foregoing communication. 

[From P. R. O., B. T.; Proprieties, Vol. 35, 148.] 

To William Lownds Esq'' 

S? 

I have laid before the Lords Coui'lss"".® of the Council 
of Trade & Plantations your Lett!' of the 8*.^ Ins^ to 
gether v^ith the Report of the Commissioners of the 
Customes upon a Pet" of the Proprietors of East & 
West New Jersey that were inclosed in it; Both which 
Papers There inclose [I] return you, according to your 
desire And I am further directed by their Lordships to 
send you the Enclosed Copy of an Instruct" rela ing to 
the Trade of New York and the New Jersies which has 
been given to all the Governors of New York succes- 
sively ever since that Province has belonged to the 
Crown of Eng'd And which therefore their Lordships 
desire may be laid before the Right hon^'^® the Lords 
Commissioners of the Treasury, as the most material 
thing that they have to offer to their Lordships con- 
sideration, in the subject matt'.^ of the above men- 
tioned Papers. 

W: P; 

Whitehall, 

Ui** Sep!" 97. 



I(i97] PETITION FOE PKOTEGTION AGAINST NEW YORK. 160 



Order in Council, referring a Petition of the Pro- 
prietors of East Jersey to the Lords of Trade. 

[From P. R. O. B. T. Pi-oprietors, Vol. 25, p. 150] 

At the Couiicill Cbamb"^ in Whitehall the 23 of 
SeptembV 1697. Present. 

Their Excellencys the Lords Justices in Coimcill. 

Upon reading the annexed Petition of y? Proprietors 
of New Jersey in America; relating to their Rights ife 
Properties which as they alleadge have been Invaded 
by the Government of New York, in taking Vessells 
out of their Harbour of Perth Amboy, compelling 
them to go up to New York, and denying the Pet'".'' the 
benefit of a Port in the said Province and of the Draw 
Back upon Debentures; And praying to be Heard 
therein. It is this day Ordered by their Excellencies 
the Lords Justices in Councill, that it be and it is here- 
by Referred to the R^ hon^J" y. Council of Trade to 
Examine the matter of the said Petition and to Report 
to this Board how they find the same with their 
Opinion upon the whole matter. 

John Povey. 

23 Sep'" 1697 



To their Excellencies the Lords Justices in 
Councill. 

The hmnhle Petition of yf ProprieP? of y". Province of 
East Neiu Jersey in America. 
Sheweth: 

That your Peff by a grant from y? late King James 
the Second dated 14 March 1682, were Possessed of the 
said Province of East New Jersey in America, together 



170 NEW JERSEY COLONIAL DOCUMENTS. [1697 

with all Rivers, Bays, Harbours, Waters &.? leadg 
unto the same for the free use of Navigation, free 
Trade and Commerce. 

That your Petitioners Right was by the Royall 
Proclamation of King Charles y.® Second confirmed, 
and all Persons whatsoever strictly charged, not to 
disturb or interrupt your Pet? therein. 

That the said Priviledge of Ports, free Trade and 
Commerce is a Property purchased with great Sums of 
Money by your Petition'? and what cheifly induced 
and incouraged y™ to lay out their Estates to Improve 
the said Province, But your Pet" have had their Rights 
and Properties Invaded by the Government of New 
York, taking Vessells out of their Harbour of Perth 
Amboy, and forceing the Trade away from them and 
compeUing their Ships to go up to New York, and 
denying your Pef' the benefit of a Port in the said 
Province and of the Draw back upon the Debentures 
allowed to all other Persons. 

That in Order to redress their Grievances your 
Pef.® have apply ed to the Lords of the Treasury desiring 
to be heard before them, and your Pef.^ case was by 
them Referr'd to jf Commissioners of the Customs, 
who Reported back to the Lords of the Treasury their 
Opin" therein. 

That upon your Petitioners Attendance on the 
Lords of the Treasury your Petitioners are informed, 
That it did not properly ly before that Board to deter- 
mine, unless Referred thither by your Excellencies. 

That the Subject matter of your Pet'.^ Complaint, 
does not only intirely mine their private Properties 
(Crushing them in their Infancy of Trade and Planta- 
tion) but is also a Public hindrance, to the Consump- 
tion of the Growth and Manufactory of England and 
consequently a Loss to his Maj*' Revenue. 

Your Petitioners therefore have recourse tb your 
Excellencies, as the great refuge & Protection of the 



i 



1697] PETITION FOR PROTECTION AGAINST NEW YORK. 171 

oppressed, humbly praying the favour of a Day to be 
heard before your Excellencies, to the end that y? Earl 
of Bellemont being now ready to depte (as Govr of 
New York) may be Prohibited to disturb your Pet"^* 
Privilidges of Trade in their Port of Perth Amboy, 
and to deny them the Right of draw back upon Deben- 
tures and that none of your Fetition? hberties & Prop- 
erties in the said Province may be invaded by that 
Neighbouring GovernmP 
And your Pet? (as in duty bound) shaU ever pray &c. 
Jer: Basse David Lyell 

Tho: Barker Peter Sonmans 

Joseph Ormstom Tho: Lane 

JosEHH Wright Tho: Hart 

W?' DocKWRA Walter Benthall 

Geo: Willocks. 

A true Copy John Povey. 



State of the Case of the Proprietors of East Jersey, 
submitted to the Lords of Trade. 

[From P. R. O. B. T. Prop., Vol. 1, A 58.] 

A Memoriall of the State of the Case of the Pro- 
prietors of East New Jersey. 

King Charles the Second, in y*^ 16*?* & 26"' yeares 
of his Reign, did Grant, to the Duke of York, his 
Heires and Assignes, all that Tract of land, adjacent 
to New England, and being to y"" westward of long 
Island and Manhatus Island, and Bound on the East 
part, by the main Sea, and part by Hudsons River &c* 
(which land was then Called Nova Cesaria, or New 
Jersey). 



172 NEW JERSEY COLONIAL DOCUMENTS. [1697 

March 14V' 1682. The Duke of York Grants and Con- 
firms the Said Province of New Jersey, to James Earl 
of Perth and others, with all Bayes, Kivers & Waters, 
ff ranchises and Appurtenances, as also the free use of 
all Bayes, Rivers and Waters leading unto or lying 
between the Premises for Navigation, free Trade &,c^, 
with the Eight of Government, which the late King 
Charles the Second did Confirm as by his Proclama- 
tion, hereunto annexed bearing date y*" 23^^ of Novem- 
ber 1683, does appear. 

By which Grants the Proprietors Claime, (and are 
advised, by their Councills) that they have a Right, 
and Power of Constituting Ports within y*' Said 
Province. 

That they have accordingly Constituted the Port of 
Perth Amboy, in the Said Province, and that divers 
Shipps for Severall years come directly to the Said 
Port, and have there unladed undisturbed. 

But the Collector & Officers of New York, have 
Since presumed to Molest the Said Proprietors, in the 
free use, and Priviledge, of their Said Port, and pre- 
tend to Compell, all Shipps Bound to East Jersey, to 
come to New York, and Pay a Custome or Impost laid 
upon Goods there, according to an Act of their Generall 
Assembly. 

And do further Pretend that from time to time 
Instructions to that purpose have been given to the 
Severall Governours of New York. 

That the Proprietors Conceive neither the Said Act 
of the Generall Assembly of New York, nor the Said 
Instructions can binde the Proprietors of East Jersey 
to Pay Customes, or hinder them from the use of their 
own Port, as by their Councill they are advised (whose 
Opinions they have hereunto annext) for as much as 
East Jersey is a distinct, and Independant Province 
from New York, where the Inhabitants of East Jersey 
have no Representatives. 



1697] CASE OF PROPRIETORS OF EAST JERSEY STATED. 173 

That the right of Ports, w''.*' the Proprietors are 
advised is Granted with the Said Province, was what 
Cheifly induced and Encouraged the Proprietors to 
adventure & Send over People to Settle there, and 
that without the Same, they would never have laid 
out their Estates, in the Purchasing and Improving 
thereof. 

That the disturbing the Said Proprietors in the free 
use of their Ports in their own Province, is Conceiv'd 
to be verry Arbitrary, and will wholely Euine the 
the Trade of the Said Province, Destroy their Property, 
and will hinder the Exportation, and Consumption of 
the manufacture of this Kingdome. 

That the Commissioners of the Customes, have 
lately reported to the Lords of the Treasury, that it is 
Necessary there Should be in the Said Province Privi- 
ledged Ports for the Attendance of the Officers of the 
Customes in order to the dispatch of buissiness of 
Shipping both Inwards, and Outwards, and have 
appointed a Collector at the Said Port of Perth Amboy 
in the Said Province for that purpose. 

The Proprietors therefore do humbly hope. That 
this Honourable Boord, (to whose Care and Protection 
his Majestie has Committed, The Security and Improve- 
ments of Trade, and the Rights and Priviledges of the 
Respective Colonyes abroad,) will not Suffer the 
Province of East Jersey to be deprived of their Right. 

And for as much as the Earl of Bellamont, and the 
Govei'nour of East Jersey are both readdy to Embark, 
it is humbly Prayed that this Boord will be pleased to 
Expedite their Report to the Lords Justices in Coun- 
cill for Preservation of their Properties, and Imunityes 
before their Departure, 

W^.' DOCKWRA 

Seer: & Regr 
of East Jersey. 



174 NEW JERSEY COLONIAL DOCUMENTS. [1697 



Letter from Secretary Popple, to the Attorney General 
and Solicitor General, Enquiring as to the 
Authority of the Proprietors of East Jersey to 
constitute ports in their Province. 

[From P. R. O. B. T. Proprieties, Vol. 25, p. 164.] 

To S^ Thomas Trevor KnT his Maj*.^ Attor: Gen!^ 
and S^ John Hawles Kn7 his Majesties Sol- 
licitor Generall 

Gentlemen 

The Lords Com'ssioners of the Councill of Trade and 
Plantations having been required by the Lords Justices 
to examine into and Eeport their opinion upon a Peti- 
tion of the Proprietors of East New Jersey in America, 
v^herein they claim a Eight to constitute Ports in that 
Province, and pray that the Earl of Bellemont may be 
prohibited to disturb their Priviledges of Trade in their 
Port of Perth Amboy: And the said Propriet'.' having 
produced to their Lordships, as the Ground of their 
said Eights and Priviledges, the late Duke of York's 
Conveyance of that Countrey to the Earl of Perth and 
others, dated the 14^" of March 1682, together with a 
Copy of K: Ch: the Second's Grant to the said Duke of 
York of a larger Tract of Land in America, wherein 
the said Province of East New Jersey is included; 
Their Lordships after the carefuU perusal of the said 
Conveyance and Grant, have directed them to wait 
upon you therewithal: and have thereupon Com'anded 
me to desire your Opinion 

1 What a Port is; And by what means any place 
in his Majes^.^ Plantations in America may become a 
Port. 

2. Whether by K. Ch: yP 2"s Patent to y? Duke of 



1697] ENQUIRIES AS TO AUTHORITY FOR CREATING PORTS. 175 

York, Power was given to the said Duke to constitute 
a Port or Ports in any of the Territaries granted to him. 

3. Whether the Duke of York by his Conveyance 
to the Lord Berkley and Sr George Carteret did or 
could convey the Right of constituting Ports in any of 
the Lands thereby conveyed. 

4. Whether upon the Division which the said Lord 
Berkley and Sr Geo : Carteret afterwards made of the 
Lands conveyed to them, they could convey any such 
Power or Right to the respective Proprietors to whom 
they sold their several shares. 

5. Supposing the Territories of East & West New 
Jersey, now divided from New York, were formerly 
united with it under one Government, and that the 
Citty of N. York was then the Port for that whole 
Province so United, Whether upon seperating of East 
New Jersey from New York, by the said Duke of 
York's Conveyance to the Earl of Perth and others, 
there be any right conveyed to them or their assigns, 
of constituting a Port at Perth Amboy or elsewhere at 
their pleasure. 

6. Whether upon any further Divisions that may 
hereafter be made of the said Province by the said 
Proprietors, each of the Severall Assignees will also 
have a Right of Constituting a Port or Ports in each 
of their Divisions. I am &? 

W: P: 
Whitehall. 6. October :97 



17G NEW JERSEY COLONIAL DOCUMENTS. [1697 



From the Proprietors in England, to Governor Ham- 
ilton and Council in East Jersey. 

[From a copy of its record in Boole C of Commissioners, p. 273, in the Secretary's 
OflSce, Perth Amhoy, among tlie Manuscripts of W. A. AVhitehead.] 

To the Hon^!^ Coll: Andrew Hamilton Governor 
and His Conncil for the Province of East New 
Jersey in America. These 

London the 12'^ 8"^" 169T 
Gentlemen 

We have Received Several of yours, which we would 
sooner have answered, but Could not give any Certain 
advice about the Weighty affairs of our Province, 
which we are now with the utmost deligence Pursuing 
and have very Great Reason to hope that the issue 
shall be to our Content. 

We have been Obliged (against our Inclination) to 
dismiss Coll: Hamilton from the Government, Because 
of a late Act of Parliament disabling all Scotsmen to 
serve in jilaces of Publick Trust or Profit, and Obliging- 
all Proprietors of Colonies to Present their Respective 
Governors to the King for his approbation, so we have 
appointed our Friend Jeremiah Bass, to succeed Coll: 
Hamilton in Government, whom we have also pre- 
sented to the King, and he is by him Owned and ap- 
proved of. He will give you a further account of our 
Proceedings for the good and Welfare of the Province 
and we desire that Each of you in your Respective 
Stations, to act according to your several Capacities 
for Promoting the Interest of the said Province. 
Assui'ing you that we shall not here be wanting on 
our Parts. 

We must not forget to mention to you our Gratitude 
for the several Good Offices you have done the pub- 



p 



1<)97J AJfSWER OF ATTORNEY AXD SOLICITOR GENERAL. ITT 

lick, tho' we wish Your hearty Endeavors had been 
more Successfull, and Brought the People to have 
Raised a sum for Clearing the Ports, and another for 
Maintenance of the Government, for Prosecuting the 
Publick affairs here, hath been with the Expence of 
much time, and Large sums of money, the Burthen 
whereof Lyeth only upon .a few in and about this 
City. We heartily wish our Labours may have their 
desired effect, So Respectively Saluting you. 
We remain Your Loving friends, 
Thos: Hart Thomas Barker 

David Lyell Peter Sonmans 

Walter Benthall Joseph Ormston 

Thomas Cooper Joseph Wright Jr. 

George Willocks. 



Ansiver of Attorney General and Solicitor General, 
to the Enquiries of the Lords of Trade. 

fFrom P. R. O. B. T. Proprieties, Vol. 2, B 1.1 

The Att°y & Soll^ Geu'.^ answer to y^ Queries sent 
them the 6*.'^ List relating to ports in East 
New Jersey. 

1**.* We are humbly of opinion that a Port in our. 
Law is understood to be a place appointed for the 
lading and unlading of Goods and Merchandise, for 
the better Collecting his Majesties Customes & other 
Duties, And that Such Ports (by an Act made the 25^1' 
Car 2f Chap': 7"' For better Securing y' Plantac'on 
Trade) are to be appointed in the plantac'ons by the 
Commisoners of the Customes in England by and 
under the authority and directions of the Lord 
Treasurer or Com'issioners of the Treasury, in the 
13 



I 



178 XEW JERSEY COLONIAL DOCUMENTS, [1697 

respective plantations, for the Collecting Such Cus- 
tomes as are due to his Majestie in those plantac'ons. 

2'?' That the aforesaid power of appointing ports 
granted to the Commissioners of the Customes by the 
Said Act, was not granted to the Duke of York by the 
said Letters patents 

3'.^ The Duke of York's Grant to the Lord Berkley 
and Sr George Carteret, could not convey any such 
power because he had no Such power granted to him 
by the Crowne. 

The 4*^ 5*?' & 6')" queries are answeured before in the 
Answears to the former queries: for if the Duke of 
York had not such a power granted to him (as we 
conceive he had not,) Then his Assignees nor any de- 
riving under them Cannot have such a power. 

Tho: Trevor. 

[Oct. la, 1697J Jo Hawles. 



Letter from the Commissioners of Customs to Mr. 
Randolph, Surveyor General of Customs in 
America, relative to the establishment of the Ports 
of Perth Amhoy and Burlington. 

[From P. R. O. B. T., New York Vol. IV., D 33, No. 3.] 

The Commissioners of the Customs order to Mr. 
Randolph about Port of Perth Amboy.^ 

M? Randolph: 

Having Received Intimations that some persons 
trading to East and West Jersies are not Content with 
the Priviledges allowed for the Loading and unloading 



'Produced by Mr. Bass, Gov'r. of the Jerseys to the Councill of New York ye 23th 
July, 1C98 in defence of a Port at Pertli Amboy. Keferred to in ye Earl of Bello- 
niont's L"re of ye 21st Sept. 1698. 



1697] COMMISSIONEKS OF CUSTOMS TO EDW. RANDOLPH. 1 ;!• 

of Goods and Merchandizes at Perth Amboy in East 
Jersey and in Birdlington [Burlington] in West Jersey, 
Whereby Directions from the Right Hono*"?" the Lords 
Comissioners of his Maj'ties Treasury we have Estab- 
hshed Officers to Collect the Duties Imposed by the Act 
made the 25*li yeare of the Reigne of King Charles the 
Second to inspect the Enumerated plantation Commo- 
dities which shall be laden upon shipps bound Directly 
to this Kingdome and likewise to Attend the Delivery 
of all European Goods brought from thence, but that 
such persons will attemj^t to Runn into private Creeks 
and harbours where there are noe officers, the better to 
Cover their Indirect practices. Wee direct that at 
yr Ariivall in those parts you make it one Cheife part 
of yo! Care and Endeavour for the Kinge's Service to 
Oblige all Merchants Masters of Ships and others to 
load and unload at those appointed and priviledged 
Ports of Perth Amboy and Birdlington aforesaid, being 
owned and agreed upon by severall of the proprietors 
in yor heareing to be sufficient for the trade of both 
places, and that there may be noe p'tence for Goeing 
Elsewhere, lett the Officers be Cautioned to give theire 
Constant and Diligent attendance in those Respective 
ports for the Dispatch of all Businesse both Inwards 
and outwards. 

We rest yor Loveing friends, 

Jo Austin Sam Clark 

Rob'.^' Henly Ben: Overbon 

Custom house, London 
21^/' October, 97. 
To Edward Randolph Esq"^" Surveyor Generall of his 
Maj'ties Customs in America. 



180 NEW JERSEY COLOIflAL DOCHMENTS. [1697 



Representation from the Lords of Trade to the Lords 
Justices, against the right of the Proprietors of 
East Jersey to establish Ports. 

[From P. R. O. B. T. Proprietors, Vol. 25. p. 176.] 

To THEIR Excellencies y? L"*.^ Justices. 

May it please your Excellencies. 

In Obedience to your Excell''?'* order in Council dated 
y^ 23':? of the last Month, that we should Examine the 
matter of a Petition of the Proprietors of East New 
Jersey thereunto annexed, and Report to your Ex- 
celP.^ how we find the same, with our Opinion there- 
upon; We humbly represent to your Excellencies. 

That the said Petitioners having set forth their Title 
to the said Province, togethr with all Rivers, Bays, 
Harbours, Waters &" leading unto the same, for the 
free use of Navigation, free Trade and Commerce, as 
grounded upon a Grant from the late King James, 
dated the 14*." of March 1682, Tho in reallity he were 
then only Duke of York, and derived his Title there- 
unto from a preceding Grant from the then King 
Charles the Second; they do im'ediately in the next 
words insert the Priviledge of Ports, as a property 
purchased by them, and as if it had been expressly 
before mentioned, tho it be not. And thereupon they 
proceed to complain of their Rights and Properties 
being invaded by the Govern* of New York in com- 
pelling their Ships to go up to New York, and deny- 
ing them the benefit of a Port at Perth Amboy Where- 
upon they pray for reniedy 

That in order to Our Information in this whole Mat- 
ter, we have perused not only the fore mentioned Deed 
of y? said Duke of York, but a Copy also (which they 
produced to Us) of the fore mentioned Grant of King- 
Charles the second, for a large Tract of Land, in which 



1697] REPRESENTATION FROM THE LORDS OF TRADE. 181 

the Province of East New Jersey is included, and 
which Grant of King Charles the Second is recited in 
the foresaid Deed of the said Duke of York, as the 
ground and foundation thereof; But not having found 
in either of the Said Writings any mention of the 
Priviledge of constituting Ports in the Province of 
East New Jersey; We then directed the said Proprie- 
tors to attend his Majesties attorney & Solicitor Gen- 
erall therewithall, And we thereupon propounded to 
his Majesty's said Attorney and SoUicitor Generall the 
following Queries Viz? 

1° What a Port is; and by what means any Place 
in his Maj*.' Plantations in America may become a 
Port. 

2. Whether by King Charles the Second's Patent to 
the Duke of York, Power was given to the said Duke, 
to constitute a Port or Ports in any of the Territories 
Granted to him. 

3. Whether the Duke of York by his Conveyance 
to the Lord Berkley & S"" George Carteret, did or could 
convey the Right of constituting Ports in any of the 
Lands thereby conveyed. 

4. Whether upon the Division which the said Lord 
Berkley and S' George Carteret afterwards made of 
the Lands conveyed to them, they could convey any 
such power or right to the respective Proprietors to 
whom they told their S^verall Shares. 

5. Supposing the Territories of East and West New 
Jersey, now divided from New York were formerly 
united with it under one Government, and that the, 
Citty of New York was then the Port for that whole 
Province so United; Whether upon Seperating of East 
New Jersey from New York, by the s!^ Duke of York's 
conveyance to the Earle of Perth and others, there be 
any right convey'd to them, or their Assignes, of con- 
stitute' a Port at Perth Amboy or elsewhere at their 
Pleasure. 



18^ NEW JERSEY COLONIAL DOCUMENTS. [IBO"; 

H. Whether upon any further Divisions that may- 
hereafter be made of the said Province, by the said 
Proprietors, each of the Severall Assignees, will also 
have a Eight of constituting a Port or Ports in each 
of their Divisions? 

Unto which Queries we received from his Majes- 
ties Atturney and Sollicitor Generall the following 
Answers Viz? 

" V} We are humbly of Opinion That a Port in Our 
'' Law is understood to be a place appointed for the 
" lading and unlading of Groods and Merchandizes, for 
''the better Collecting his Majesties Customes and 
''other duties; and that such Ports (by an Act made 
"the 25*.*' Carl. 2*^ Chapter 7'.'' For better Securing the 
' ' Plantation Trade) are to be appointed in the Planta- 
" tions by the Commission'* of the Customs in Eng- 
" land by & under the authority and directions of the 
" Treasurer or Commissioners of the Treasury in the 
' ' respective Plantations, for the Collecting Such Cus- 
" tomes as are due to his Majesty in those Plantations. 

" 2. That the aforesaid power of appointing Ports 
"granted to the Com'is" of the Customes by the said 
"Act was not granted to the Duke of York by the said 
" Letters Patent. 

" 3. The Duke of York's grant to the Lord Berkley 
"and S'' George Carteret, could not convey any such 
"Power, because he had no such power granted to 
"him by the Crown. 

"The 4^'' 5 & 6 Queries are answered before in the 
" Answers to the former Queries: For if the Duke of 
"York had not Such a Power granted to him (as we 
"conceive he had not) Then his Assignees or any de- 
' ' riving und' them can'ot have such a power. 

Upon this it appearing evident to Us that the said 
Proprietors have no manner of Eight or power to con- 
stitute Ports either in East or West New Jersey from 



1697] REPRESENTATION FROM THE LORDS OF TRADE. 183 

the late King Charles the second, the then Duke of 
York or any other person deriving authority from 
either of them; But that a Power of Constituting such 
Ports in any of his Majesties Plantations is vested by 
Act of Parliament in the Commissioners of his Majes- 
ties Customes, under the direction of the Lords Com- 
mission" of his Majesties Treasury; We humbly offer 
to your Excellencies in Order to a determination upon 
the Expediency of the thing, these following consid- 
erations viz^ 

That before the Seperation of the Jerseys from the 
Province of New York, the Citty of New York was 
the Com'on Port for both 

That it is in no place (that we know of) either in 
England or elsewhere, usual to have two Ports inde- 
pendent on each other in one and the same River or 
within the same Capes or outlet into the sea, such a 
practice being manifestly lyable to great inconveni- 
encies. 

That Perth Amboy lies on one side of the mouth of 
the same River w'^'* runs by the Citty of New York, 
(that River being divided in the Mouth of it by an 
Island called Staten Island) and is within the same 
Capes. 

That upon the Seperation of the Jerseys from the 
Province of New York the Magistrats of that Citty & 
Cloverij" of that Province have Severall times com- 
plained of the prejudice arising or apprehended to arise 
from thence unto that Province, Particularly the loss 
of theii- Trade; Consequently the loss of their Inhabi- 
tants; and the great diminution if not entire loss of 
his Majesties Customes there. 

That in our humble Opinion, if the Proprietors of 
East new Jersey Should be allowed a free Port (either 
at Perth Amboy or else where in that Province) their 
Trade lying up the Same River and into the same 
Country, amongst the same Indians, as that used by 



184 • N^EW JERSEY COLONIAL DOCUMENTS. [1607 

tlie Inhabitants of New York, all the forementioned 
consequences would evidently follow 

And that in consequence of these and such like con- 
siderations, we conceive it hath come to pass, that the 
most that ever has been granted (that we can find) 
unto the said Proprietors, has been by an Order of the 
late King James dated the 14*'' of August 1687. 
whereby the then Gouvernour of New York was re- 
quir'd untill further Order; to permit Ships to goe 
directly to Perth in East new Jersey; Tho' that also 
upon Condition only. That Officers to be appointed by 
the said Gov? or the Receiver Generall of New York 
should be there permitted peaceably & quietly to 
receive and Collect for his Majesties use, the same 
Customes and Imposts as are usually paid at N: York, 
But the Constant Instruction which hath been 
always given to the Governours of New York upon 
that Subject both before and since, has been in the 
following form, which carrying with it the reason of 
the thing, We humbly crave leave here to insert viz? 
" And whereas we are informed y* some of y" 
Colonies adjoyning to Our said Province, under 
Colour of grants from our self or upon some other 
groundless pretences, endeavour all they can to 
obstruct the Trade of New York & Albany. Our 
Will & Pleasure therefore is, That you do not suffer 
any Inovation within the River of New York nor 
any goods to pass up the same but what shall have 
paid the duties at New York to the end the chief 
benefit of that Trade may be preserved to the In- 
habitants and Traders of New York and Albany, the 
same being agreeable to the Laws of our s" Province, 
and to former practice, as weU as necessary for the 
Collecting of those Customes & other duties w*'' are 
to be raised for the support of Our Governm? there ; 
And if you find j^ Inhabitants of E: Jersey have 
any other way of Trading with the Indians than by 



IG'J?] REPRESENTATION FROM THE LORDS OF TRADE. 185 

" yf s." Eiv*" of N: York, you are to use your endeav'? 
"to prevent y? same, & to give us advice there of 
" w'.'' yor opinion w!' is proper to do therein. 

Whereupon; we humbly crave leave to offer to your 
Excellencies this one further consideration viz* That 
the Province of New York being the Frontier of all 
his Majesties Territories in those parts, the most ex- 
posed to the French and their Indians, and upon that 
account the said Province having been obliged during 
all the late War to be at a very great charge for the 
maintaining of his Majesties Forces there, with very 
little assistance from any of their Neighbours, We are 
humbly of Opinion that it is reasonable all priviledges 
of this kind which do not infringe the Eights of 
others. Should as much as possible be preserved unto 
the said Province of New York. 

All which never the less 

is most humbly submitted. 
Whitehall October j^ 27. 1697. 

.J: Bridgewater 
Ph: Meadows 
John Pollexfen 
John Locke 
Abr Hill 
George Stepney 



18(5 NEW JERSEY COLONIAL DOCUMENTS. [1697 



Authority to George Willocks from the Proprietors 
of both East and West Jersey, to receive Quit 
Rents. 

[From Grants and Concessions, p. 214.1 

Proprietors to George Willocks.^ A power to re- 
ceive Quit Rents, also to sell them under cer- 
tain restrictions. 

This Indenture made the first Day of December, in 
the 9th Year of the Reign of our Sovereign Lord 
William the Third, of England, &c. King, Anno 
Domini 1697. Between William Penri, Thomas Hart, 
Thomas Barker, Walter Benthal, Josejjh Ormston, 
Joseph V/right, Peter Soninans, William Dockivra, 
Thomas Cooper, Clement Plumstead, David Lyell, 
Archibald Campbel, Esq; Walter Riddel, Sir Tho7nas 
Lane, Paul Docknmiique, Robert Mitchel, John 



' originally of Scotland, having inherited the 
proprietary right of his brother, James Wil- 
locks, "Doctor of Medicine in Kennay," 
came to the province in 1684, bringing with 
him two servants; but after a few years he 
returned to England, and nothing is heard of him until his return clothed with the 
authority vested in him by this commission, and in charge of a vessel and cargo to 
be disposed of for the benefit of the proprietors. Soon after his arrival he was 
appointed Chief Ranger, the duties of which office are not delinitely known, and 
also one of the Commissioners for the Court of Small Causes. He made Amboy, at 
first, his place of residence, but afterward removed to Monmouth County, where he 
married Mrs. Winder, the widow of Samuel Winder, and daughter of Deputy Gov- 
Rudyard. In 1701, having been appointed Deputy Surveyor under John Reid. he 
again made Amboy his place of residence, and with some intermissions,— being 
stiled of " Elizabethtown " in 1711 ; of " Philadelphia," in 1724, and of London, in 
1726 ;_he continued to reside there until his death in 1729. The possession of con. 
siderable business ability may account for the various stations to which he was 
appointed, but there is nothing to indicate that any very exalted opinion of him 
was entertained by his fellow citizens. Influenced by his wife, he left considerable 
property to St. Peter's Church, Perth Amboy, and a tablet to their joint memories 
was erected in the church some years since. Mr. Willocks left no children. The bulk 
of his property went to a nephew and niece, George Leslie, and Anna, wife of John 
Ritchie, who removed to the province in consequence. See Contributions to the 
history of Perth Amboy and the Surrounding Country— pp. 80-84.— Ed. 




IfiOTj G. \VILL0CK8 APPOINTTEI) TO RECEIVE QUIT RENTS. 187 

Bridges, and Thomas Skinner, being a Quorum of the 
Committee impowered by the Society or reputed Com- 
pany of West New- Jersey, to transact all the Affairs 
of the said Society, testified by the common Seal 
hereunto annexed; Thomas Foulerton, Johyi Burnet 
Attorney for Robert Burnet, Joseph Ormston Attorney 
for Charles Ormston, Frances Hancock, Thomas Gor- 
don for himself, and Attorney for Dr. John Crordon 
and George Alexander, Gilbert MoUeson for himself, 
and Attorney for Robert Barclay, William Bingley 
Attorney for Antho7iy Sharp, William Bingley for 
himself; Proprietors of the Province of East New 
Jersey in America, of the one Part, and George Wil- 
locks, of the said Province of East New Jersey, Gent, 
of the other Part. Whereas the said Proprietors are 
seized of and entitled to many Quit-Eents reserved 
upon Grants and Patents of Lands within the said 
Province, made by themselves and others, former 
Proprietors of the said Province, and are likewise 
eniitled to great Arrears of the said Rents incurred 
and grown due for several Years last past, more or 
less. And whereas the said Proprietors have taken a 
Resolution to gather in the said Arrears, and in order 
to gratify the Planters and Landholders, are intended 
to sell their Quit-Rents to such of the said Planters or 
Landholders who are desirous to purchase the same, 
and who owe no Arrears of Rent, or will first pay and 
discharge such Arrears. Now witness these Pres- 
ents, that the said Proprietors abovesaid for the better 
putting their said Intentions in Execution have con- 
stituted, authorized, impowered and appointed, and 
by these presents do and every of them doth consti- 
tute, authorize, impower and appoint the said George 
Willocks, to be their true and lawful Attorney, for 
and in the Names of the said Proprietors to adjust, 
ask, demand, but if sued for, then at their own Cost 
and Charge to recover and receive with, of, and from 



188 NEW JERSEY COLONIAL DOCUMENTS. [1697 

all and every the respective Planters, Tenants or 
Holders of Lands, Tenements, and Hereditaments 
within the said Province, all such Arrears of Quit- 
Rents, and or other Rents, as now are or on the 25th 
of March, now next ensuing, shall be due and owing 
to the said Proprietors; and on Payment thereof, or 
any Part thereof, to sign, seal and execute any proper 
Receipts and Discharges for what he shall so receive, 
either in his own iVame, or in the Names of the said 
Proprietors, but for their use: And upon Non payment 
or refusal of Payment thereof, to destrain or bring 
Actions for the same as he shall think fit, and to pro- 
ceed upon such distresses or Actions in due Course of 
Law, either to sale of the said Distresses or to Tryal, 
Judgment and Execution, and to acknowledge Satis- 
faction upon Record of all such Money's as he shall 
recover and receive in any such Suits; all which Dis- 
tresses, Proceedings, Receipts and Discharges the said 
Proprietors, shall and will allow, justify and maintain. 
And the said Proprietors and every of them, do 
hereby likewise constitute, authorize, impower and 
appoint the said George WiUocks, their true and law- 
ful Attorney and Commissioner, to treat and contract 
with all, every and any of the said Planters, Tenants 
and Holders of Lands, Tenements, and Hereditaments 
within the said Province, for their respective Quit- 
Rents and other Rents, according and pursuant to the 
Directions and Instructions hereunder Written; and 
from and after such and so many Contracts made 
according and pursuant to the said Instructions, and 
Payment of, or sufficient security taken for the Pur- 
chase Money, to sign, seal, and deliver in the Names 
and as the Acts and Deeds of the said Proprietors, any 
proper and legal Assurances and Conveyances and 
Releases to the respective Purchasers, for granting the 
said Quit-Rents, and other Rents as by the said re- 
.spective Purchasers or their Council shall be reason- 



1697] G. WILLOCKS APPOINTED TO RECEIVE QL^IT RENTS. 189 

ably devised and required: All which Assurances, 
Conveyances and Eeleases, the said Proprietors do by 
these Presents, and shall and will upon request by 
any other subsequent Assurances, Conveyances, and 
Releases, ratify and confirm. And the said Proprie- 
tors do hereby direct the said George Willocks, from 
Time to Time, to pay all such Money as he shall 
receive in Specie, either for Arrears of Rent, or for 
sale thereof, to such Person whom the said Proprie- 
tors, or Thomas Hart, Walter BenthaU, Thomas Bar- 
ker, and Joseph Ormston, or the Survivor of them, 
shall appoint Receiver thereof, and also to take all 
Securities which he shall take for any Purchase 
Monies, upon such Sales, in the Name of such Re- 
ceiver, and to dehver the same Securities to such 
Receiver in trust for the said Proprietors: And the said 
Proprietors for themselves, their Heirs, Executors, 
Administrators, and Assigns, do hereby Covenant and 
Grant to and wdth the said George Willocks, his Ex- 
ecutors, and Administrators that he the said George 
Willocks his Executors, Administrators, shall and 
may have and receive as a recompence for his Care 
and Pains, in making such Sale of the said Rents as 
aforesaid. Five Pounds per Cent, (or for every Hiui- 
dred Pounds) of all the ready Money, which shall be 
so raised by the Sales he shall make of any such Rents; 
and shall also have and receive to his and their own 
use from the said Receiver, an Assignment of such 
and so many of the Security's to be taken for any 
Purchase Money upon such Sales made by the said 
George Willocks, to be chosen by the said George 
Willocks, his Executors and Adminstrators, as shall 
amount to the Rate or Value of Five Poands per Cent, 
(or for every Hundred Pounds) intended to be secured 
by the said Securities, and that the said Proprietors 
shall and will direct the Receiver to pay and assign the 
said Recompence to the said George Willocks, his Ex- 



190 NTEW JERSEY COLONIAL DOCUMENTS. [1097 

ecutors and Administrators accordingly; and thiat the 
said Proprietors theii- Heirs, Executors, Administra- 
tors, and Assigns, shall and will Ratify and Confirm 
whatsoever the said George Willocks shall do by virtue 
of the Authorities, and in persuance of the Instruc- 
tions hereby given him; and shall and will indemnify 
him, his Heirs, Executors and Administrators, from 
all such Expenses, Losses and Damages, which he, 
they, or any of them, shall or may sustain, suffer, or 
be put unto, for or by reason of any non performance 
of the Premises by the said Proprietors: And the said 
George Willocks, for himself, his Heirs, Execiitors, 
and Administrators, doth Covenant and Agree, to and 
with the said Proprietors, their Heirs, Executors and 
Administrators, that he the said George Willocks, 
shall and will truly and faithfully pursue the Instruc- 
tions hereunder Written, and perform the Trust 
hereby reposed in him, according to the best of his 
Judgment, and the true intent and meaning of these 
Presents. And these Presents further Witness, that 
for preventing any Obstructions that may happen in 
the Receipt or Recovery of the said Arrears of Rent or 
Sale thereof, in Case of the Death or Absence of the 
said George Willocks, the said Proprietors do hereby 
constitute, authorize, impower and appoint John Reid 
of the said Province of East New- Jersey, Gent., their 
true and lawful Attorney, from and after the Death of 
the said George Willocks, or Absence three Months 
from the said Province, or Embarking for Europe, to 
execute all and every the Powers and Authorities 
herein before granted to the said George Willocks, 
conform to the said Directions and Instructions here- 
under Written: And do hereby grant unto the said 
John Reid, the like recompence for his Care and Pains 
to be taken therein as are before granted to the said 
George Willocks, and shall and will avow, justify, and 
maintaine whatsoever the said John Reid, shall do in 



1697] INSTBUCTIONS TO GEORGE WILLOCKS. 191 

and about the Premises, pursuant to such Authorities 
and Instructions. In witness whereof the said Par- 
ties to these Presents, have interchangeably set their 
Hands and Seals, and the said Proprietors have hke- 
wise set the Seal of the said Province, the Day and 
Year first above Written. Province Seal. A. Camp- 
hell, Seal, Thomas Barker, Seal. Walter Benthall, 
Seal. Joseph Wright, Jmir. Seal. Walter Riddle, 
Seal. Joseph Ormston, Seal. David Lyell, Seal. 
Thomas Gordon, Seal. Joseph Ormston, Attorney for 
Frances Hancock, Widow of Arent Sonmans Seal. 
Joseph Ormston, for Charles Ormston, Seal, William 
Dockwra, Seal. Tho?nas Cooper, Seal. Thomas Ful- 
lerton, Seal. Clement Plumstead, Seal. Peter Son- 
mans, Seal. Thomas Hart, Seal. John Burnet, for 
my Father Robert Burnet, Seal. Gilbert Molleson, 
Attorney for Robert Barclay, Seal. Thomas Gordon, 
Attorney for Dr. John Gordon, Seal. Thomas Gor- 
don, Attorney for Mr. George Alexander, Seal. Wil- 
liam Bingley, Attorney for Anthony Sharpe, Seal, 
William Bingley, Seal, Gilbert Molleson, Seal, 



Directions and Instructions from the Proprietors of 
East New Jersey, in America, to be observed by George 
Willocks, before, in and after the Sale of the Quit- 
Rents, and other Rents, due and belonging to the said 
Proprietors, in Pursuance of the Authorities given him 
by the Deed, to which these Directions and Instruc- 
tions relate, which are above Written. First within 
Fourteen Days after your Arrival in the said Province, 
you are to cause our Declaration now sent with you, 
to be published for the Information of the Planters, 
and Landholders of our Intentions to sell our Quit- 
Rents, and you are to Cause these Instructions, and 
the Deed under which they are Written, to be duly 
Registered among the Records of the said Province, 



192 NEW JERSEY COLONIAL DOCUMENTS. [1097 

Secondly, You are not to sell any Kents unto any Per- 
son or Persons, until he or they have paid all Arrears 
of Rents, clue for the Lands, out of which those Rents 
are reserved, or issue. Thirdly, you are not to sell 
any Rents at a less Price than Twenty Years Purchase, 
of the full Yearly Value of those Rents, and not to 
reserve less than One Half -penny per Annum, annual 
Rent upon every Landholder, to whom you sell off his 
Quit-Rents. Fourthly. You are not to execute any 
Grrant, Conveyance or Release of any Rent or Rents, 
until you have made contracts for at least One Hun- 
dred Thirty three Pounds Sterling, Yearly Value of 
the said Quit-Rents; and therefore in all Contracts you 
are to take care to insert, a Clause for making void 
your Contracts, unless you can sell the Value above- 
mentioned, of the said Rents before the first Day of 
April, 1699. Fifthly. Upon the Payment of any 
Money's to our Receiver, according to our Directions 
in the Deed above Written, you are to take from him 
a Note, acknowledging his receipt therefor for the use 
of the Proprietors of East Neiv-Jersey aforesaid; And 
upon the delivery to such Receiver of any Securities 
for Money, which you shall take in his Name, you are 
to take from him a Declaration under his Hand and 
Seal, that such Securities are taken in his Name, in 
Trust for the said Proprietors; which said Notes and 
Declarations of Trust, you shall from Time to Time, 
deliver to the Secretary and Register of the said 
Province, or his Deputy to be safely kept among the 
Records of the Province. Sixthly. After the Sale of 
the Value of One Hundred Thirty three Pounds per 
Annum, or more of the said Rents, you are to take 
from the Register Book of the said Province, a true 
and exact List or Certificate to be sign'd by the Deputy, 
Secretary and Register, of the Names of the Proprie- 
tors, and Sharers in Proprieties of the said Province, 
and of their respective Proportions therein, as they 



1697] INSTRUCTIONS TO GEORGE WILLOCKS. 193 

are entered in the said Books, and in one Column of 
the said List, you are to set down the Proportion of 
Purchase Money, raised and secured by such sale, 
which every Proprietor, or Share in Proprieties, are 
intitled to, and then you are to dehver the said List or 
Certificate to such Person as we shall appoint to be our 
Receiver of the said Money and Securities. Seventhly. 
You are to use your utmost endeavour to procure an 
Act of the General Assembly, to be passed for con- 
firming to the Purchasers of the said Rents, their re- 
spective Purchases, and for indemnifying them, from 
the Demands of any Proprietors, or Sharers in Pro- 
prieties, who are no Parties, executing the said Deed 
above Written, or who may descent to such Sale; as 
also for the securing of the Money to be paid to such 
Persons aforesaid, according to their respective Shares 
and Portions, for which end Instructions shall be sent 
to our Governor of the said Province, for assenting to 
such Law. A. CamjjbeU, Seal. Thomas Barker, 
Seal. Walter Benthall, Seal. Joseph Wright, junr. 
Seal. Walter Riddle, Seal. Joseph Ormston, Seal. 
David Lyell, Seal. Thomas Goi^don, Seal. Joseph 
Ormston, Attorney for Frances Hancock, Widow of 
Arent Sonmans, Seal. Joseph Ormston, for Charles 
Ormston, Seal. William Dockwra, Seal. Thomas 
Cooper, Seal. Thomas Hart, Seal. Peter Sonmans, 
Seal. John Burnett, Seal, for my Father Robert Bur- 
nett. Thomas Foiderton, Seal. Clement Plumstead, 
Seal. Gilbert MoUeson, Seal. Gilbert Molleson At- 
torney for Robert Barclay, Seal. Thomas Gordon, 
Attorney for Doctor John Gordon, Thomas Gordon, 
Attorney for Mr. George Alexander, Seal. William 
Bingley, Seal, William Bingley, KiioTnery iov Anthony 
Sharpe, Seal. Thomas Lane, Paid Dockminique, 
John Bridges, Thomas Skinner, Robert Mitchell. 
West- Jersey Seal. 

14 



194 



NEW JERSEY COLONIAL DOCUMENTS. 



[1.697 



Memorandum, the publick Seal of the Province of 
West New- Jersey, was affixed to this Writing by Sir 
Thomas Lane, Knt. Paul Dockminique, Esq; John 
Bridges, Thomas Skinner, Esq; Robert Mitchell Mer 
chant, (the Persons impowered by the Society of West 
Neiv- Jersey) to strengthen and confirm the particular 
Act and Deed of the abovenaraed Persons, and to no 
other Intent or Purpose whatsoever. Thomas Lane, 
Paul Dockminique, John Moore, William Hammond, 
Francis Minhsall, Ohadiah Burnett, John Bridges 
being a Committee of the West Neiv Jersey Society. 



Authority from the Proprietors of East and Wesf 
Jersey to Rip Van Dam, to receive from George 
Willocks or John Reid the amounts collected for 
Arrears of Quit Rents. 

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

[Endorsed] The Proprietors to Kip Van Dam 
14 December 1697 

This Indenture made 
the fourteenth Day of De- 
cember in the Ninth year 
of the Reign of our Lord 
and Sovereign William the 
Third of England &c"^ 
King Annoq: Dom: 1697 
Between Thomas Hart, 
Thomas Barker, Walter 
Benthal and Joseph Orms- 
ton of London Merchants and Others whose Names 
are hereinunto subscribed and scales affixed, Proprie- 




1 Although not mentioned in the body of the Instrument, the West New Jersey 
Committee, as will be seen, signed it, as they had signed the authority to George 
Willocks.— Ed. 



1697] AUTHORITY TO RIP VAN DAM. 195 

tors of the Province of East New Jersey in America 
of the one Part & Rip Van Dam Merchant of the City 
of New York in America of the other Part. Where- 
as the said Proprietors by an Instrument as well under 
their hands & seales as under the Common Seale of the 
Province has Com'issionated & impowered George 
Willokes of the Province of East New Jersey Gentle- 
man & in case of his Death John Reid of the same 
Province Gent, to Adjust and get in their Arrears of 
Quitt Rents now Due and growing Due to the Proprie- 
tors from the Planters, or others holding Lands within 
the said Province, and likewise to sell & Dispose of, 
the said Rents to the said Planters and Land holders, 
and to pay the Moneyes he or they shall so Receive and 
Raise in Specie unto the hands of such Person whom 
the said Proprietors shall appoint to be their Receiver 
thereof and to take Securities for such Moneyes as he 
or they shall give Creditt to any such Planter or Land- 
holder in the Name of such Receiver and to deliver the 
same to him in Trust for all the Proprietors, or 
Sharers in Proprieties of the said Province who are or 
shall be intituled to the same in Proportion to their 
respective Interests therein. And Whereas the said 
Proprietors amongst other their Instructions to the 
said George Willokes and John Reid have for the better 
Direction of such Receiver how and to whom to dis- 
pose of such Moneyes he shall Receive Ordered them to 
take out a Certificate from the Deputy Secretary and 
Register of the said Province (for the time being) an 
Exact Lyst of all the ProjDrietors and Sharers in Pro- 
prietyes, and of the Respective Proportions of 
Proprietyes, and deliver the same to such Receiver, and 
also a perticular Certificate from the Secretary and 
[Regil-ster to be taken out by Each Proprietor and 
Sharer in Proprietyes to be produced as a Testimony of 
their tytle and Shares Now [....] These 
Presents that the said Proprietors above named Haue 



11)6 XEW JERSEY COLONIAL DOCUMENTS. [1697 

Constituted and Appointed and by these presents Doe 
Constitute [and App]oint the said Rip Van Dam their 
Receiver to take and Receive from the said George 
Willokes or John Reid all such Moneys as they shall 
Respectively Pay upon the Accompt aforesaid or either 
of them And Doe hereby Order that all the security s 
for such Moneyes to be taken by the said George Will- 
okes or John Reid aforesaid shall be taken in the Name 
of the said Rip Van Dam & Delivered to him upon the 
Trusts nevertheless and under the lymitations and Pro- 
visions hereid after ExjDressed: That is to say upon 
Trust that the said Rip Van Dam shall from time to 
time as he shall Receive any such Moneyes give his 
Note to the said George Willokes [or to John] Reid in 
case of the Death of the said George Willokes for the 
same acknowledging his Receipt thereof for the Use of 
the Proprieties [of East] New Jersey aforesaid and 
shall also from time to time signe a Declaration under 
his Hand and Seal that the securityes taken in his 
Name by the said George Willokes or John Reid upon 
the Accompts aforesaid or either of them are so taken 
in Trust for the said Proprietors and shall also permitt 
and suffer the said Proprietors at their owne costs and 
charges to put all or any of the said Securityes in suite 
in the Name or Names of the said Rip Van Dam his 
Heires, Exec'? or Administrators (as the case shall re- 
quire) for Recovery of the Moneys intended to be 
secured thereby the said Proprietors Indemnifying the 
said Rip Van Dam his heires Executors and Admin- 
istrators from all Dammages that may Accrue to him or 
them thereby, And the said Proprietors Partyes to 
these Presents Doe hereby Authorize and Direct the 
said Rip Van Dam his Executors and Administrators 
to pay out of the Moneyes which he shall Receive for 
Arrears of Rents such Debts of the said Proprietors as 
they shall by any Order under the seale of the said 
Province appoint to be paid Observing such course in 



1697] AUTHORITY TO RIP VAX DAM. 197 

Payment as shall be Expressed in such Order And the 
said Proprietors doe further Order, Direct and Agree 
and Declare that the said Rip Van Dam shall and may- 
out of the Residue of the Arrears of Rents & out of the 
Ready Money to be raised by the Sale of the said Quitt • 
Rents (and after the Dehvery to him of such Certificate 
and Accompts as is Appointed to George Willokes) pay 
to the said Georsje Willokes and John Reid Respective- 
ly their Executors Administrators & Assignes Five 
Pounds p'cent for all such Ready Moneyes as they 
shall raise by the said Quit Rents and shall also As- 
signe to him and them respectively for their ow^ne use 
at his or their Demand such and so many of the said 
Securityes to be taken in his the said Rip Van Dams 
Name as he or they shall Choose and as shall amount 
to the rate or Value of Five Pounds p'cent for all the 
Moneyes intended to be secured by such securityes as 
a Recompense for their care and Paines in making such 
sales & also the said Rip Van Dam shall & may De- 
duct & Defalk thereout to his own use One P[ound] 
& tenn Shillings p'cent for all such Money as he shall 
Receive in Specie and shall pay out again in Specie to 
the said Proprietors or their Order [And] the said Pro- 
prietors doe further Order and Direct that after the 
Payment of such Debts as aforesaid & Deduction of 
such Recompenses & Gratuitys to the said George Will- 
okes, John Reid and Rip Van Dam as aforesaid the 
said Rip Van Dam his Execc? and Administrators shall 
pay the Residue and Remainder of all the Moneys 
which he shall Receive Either for Arrears of Rents 
sale of Rents or upon any Securityes for Money to be 
taken in his Name as aforesaid to the Proprietors of 
East New Jersey who shall be Named in the Certificate 
herein before mentioned & directed to be Delivered to 
him in Proportion to their Respective Interests to be 
Expressed in such Certificate or to the Exec" Admin- 
istrators thereunto 



198 IfEW JERSEY COLONIAL DOCUMENTS. [1697 

Lawfully authorized and who shall Promise a Perticu- 
lar Certificate from the Deputy S[ecretary] & Register 
of the said Province of his or their tytle as Proprietor 
or Proportion in any Proprietie to be compared with 
the General Certificate to be left with the said Rip Van 
Dam. And the said Rip Van Dam for himself his 
Heires, Executors & Administrators doth Covenant 
and Agree to and with the said Thomas Hart, Thomas 
Barker, Joseph Ormston, and Walter Benthal on 
behalf of themselves & the rest of thPe roprietors their 
Execr.s & Administrators That he the said Rip Van 
Dam his Heires Exec"":^ and Administrators shall & will 
faithfully Performe all & every the Trusts herein 
before Reposed in him according to the true intent & 
meaning of these presents, And it is hereby Declared 
by the said Proprietors that he and the said John Reid 
shall not Act in & about the Premises during the life 
time of the said George Willokes, nor be entituled to 
any of the Recompense of the Five p'cent hereby 
appointed for the sale of the Quit Rents which shall be 
sold by the said George Willokes In Witness whereof 
the Partys to these Presents have Interchangeably set 
their hands & seales the day and year first above written 

W DocKWRA# John Burnet • 

Seer & Register For my Fath' Robert 

Thomas Gordon • Burnet 

Tho: Cooper • Gilbert Mollesen# 

Tho Foulerten# Attorney for Robert 

Clem'' Plumsted* Barclay 

Peter Sonmans# Gilbert Mollesen# 

Joseph Ormston • Walter Benthall^ 

Joseph Ormston • Wm Bingley* 
Attorney for frances Attorney for Anthony 

Hancocke widow of Sharp 

Arent Sonmans A" Campbell* 



1697] 



AUTHORITY TO RIP VAN DAM. 



199 



Joseph Ormston# 
for Charles Ormston 



Tho: Hart© 
David Lyell^ 
Walter Riddell« 




Thos Lane 
Paul Dockminique 
John Bridges 
Tho: Skinner 
Bob. Michel 



Mem? The Publique Seal of the Province of West 
New Jersey was affixed to this writing by S': Thomas 
Lane Knight, Paul Dorminique Esq'; John Bridges 
Thomas Skiner EsqV and Eobert Michell Merch' (the 
p'sones Impowered by the Society of West New Jersey) 
to strengthen and Confirme the p'ticular Act and Deed 
of the above Named p'sones And to no other Intent or 
purpose whatsoever. 
Thos Lane 
Paul Dorminique 
John Moore 
Wm Hamond 
Fras Mincheill 
John Bridges 
Obadiah Burnet 



being a Comittee 
of the West New Jersey Society. 



^00 NEW JEESEY COLONIAL DOCUMiENTS. [1697 



Order of Council, directing the payment of all duties 
to the Governor of New York, by vessels trading 
in Hudson''s River. 

[From P. R. O. B. T. Proprieties, Vol. 25, p. 188.] 

At the Court at Kensington the 25*^ day of 

November 1697. Present. 

The Kings Most Excellent Majesty in Council. 

Upon reading this day at the Board a Representa- 
tion from the Council of Trade in the words following. 

Here follows the Representation at length [printed 
on page 180.] 

His Majesty in Council approving the said Repre- 
sentation was thereupon pleased to dismiss the said 
Petition of the Proprietors of East New Jersey, And 
to order that the usuall Instruction relating to Duties 
to be paid by Ships Trading in Hudsons River, be con- 
tinued to the Governour of New York for the time 
being who is not to Suffer any innovation within the 
said River in that behalf, nor to permit any goods to 
pass up the same but what shall have paid the Duties 
at New York. And the Right Honourable the Council 
of Trade are to take care from time to time that In- 
struction be given accordingly. 

John Povey. 



1698] LORDS OF TRADE TO EARL OF BELLOMONT. 201 



The Lords of Trade to the Earl of Bellomont, relative 
to Ports in New Jersey. 

iFrom N. Y. Col. Doc'ts., Vol. IV., p 297.] 

(Extract.) 
Since your Lord":' departure from hence, the pro- 
prietors of East and West New Jersey having been 
very pressing for the priviledge of Ports in those 
Countries. We have been obhdged to enquire care- 
fully into their pretended right thereunto, and to lay 
our opinion before His Maj'.^ that they have no such 
rights, and that it is not convenient it should be granted 
to them; upon which His Maj^*' having been pleased to 
give directions accordingly, and a copy of our repre- 
sentation being inserted in the order of Council made 
thereupon, we send you herewith all a copy of the said 
order, that you may understand the reasons of that 
determination, and take care that the rights and 
priviledges of the province of New York be not in- 
rringed. * 
My Lord 

Your Lordship's most humble servants, 

J Bridgewater 
P" Meadows 
W^^ Blathwayte 
Jn? Pollexfen 
A Hill 
Feb?' 23, iml 



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1697] DISBURSEMENTS BY THE PROPRIETORS OF E. J. 



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NEW JERSEY COLONIAL DOCUMENTS. 



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206 NEW JEKSEY COLONIAL DOCUMENTS. [1698 



Proclamation of Governor Basse, for the Suppression 
of Vice and Immorality. 

[From a copy among the MSS of W. A. Whitehead.] 

By the Governor — a Proclamation' 

It being very necessary for the good & prosperity 
of this Province that our principal care be in obedi- 
ence to the laws of God & the wholesome laws of this 
Province to endeavor as much as in us lyeth the exter- 
pation of all sorts of looseness & prophanitie & to 
unite & Join in the fear & love of God & of one an- 
other that by the religious and vertuous carriage & 
behavior of every one in his respective station & call- 
ing all heats & animosities & dissentions may vanish, 
& the blessing of Almighty God accompany our honest 
& lawfuU endeavours & that we may Join our affec- 
tions in the true support of his majesties Government 
over us who has so often & so generously exposed his 
royal person to iminent dangers to redeem us from the 
growing power of Popery and Arbitrary Government 
and hath by a singular blessing attending his en- 
deavors procured our deliverance & a happy &, honor- 
ble peace & is a great example & incourager of 
Religion and virtuous living I have therefore thought 
fit by & with the advice of the councill of this Prov- 
ince of East New Jersey strictly to prohibit all inhabi- 
tants & sojourners within this Province from cursing 
swearing immoderate drinking Sabbath breaking & 
all sorts of lewdness & prophane behavior in word or 
action and for the true and effectual performance 
hereof I do by and with the advice aforesaid strictly 

1 His flrst official act, by order of his Council at a meeting lield the day after liis 
arrival at Perth Amboy. — See Journal of Proceedings of Governor and Council 
1682-1703, p. 197.— Ed. 



1698] W. J. COUNCIL TO PROPKIETOKS liT ENGLAND. 207 

charge & command all Justices of the Peace Sheriffs 
Constables & all other officers within this Province 
that they take due care that all the laws made & Pro- 
vided for the suppressing of Vice & encouraging of 
Religion & virtue particularly the observation of the 
Lord's Day be duly put in execution as they will 
answer the contrary at their peril. Given under the 
scale of said Province this eighth day of April Anno 
Dom. 1698. in the tenth year of the Reign of our 
Sovereign Lord William the third over England &c. 
King. 



By the 
Governors Command 





Dejj Seer & Regr 



The Council in West Jersey to the Proprietors in 

England. 

[From P. R. O. B. T., Vol. 3, B 13, No. 1.1 

Coppy of a Letf sent home by the Councell of 
West New Jersey. 

May it 2ilease yd". Hon':' Burlington Apr!' l-l*^' 1698 

Our Letter to yo"" Hon''.' of the 23f of Decemb!" last 
past may in Some measure evidence our great joy at 
the appearance here on the 12*'' inst of ye Hon''!'' Coir- 
Basse in the qual".^ of Governor for which Post he 



208 NEW JERSEY COLOJSTIAL DOCUMENTS. [1698 

brought your Com'ission which the same day he 
Opened to the Councell & by their advice forthw*.** 
pubhshed it: But a faithful transcript of those trans- 
actions, w'l" passed between the Late GovrnoF & Rep- 
resentatives on the one part, & ye Councell of the 
Other - the first designing by all Such Mediums as they 
thot Safe to make use of, to defeat not only, yo' 
present Com'ission but yo' Authority also: for the 
future, over the province, the other Studious to 
Obviate & Baffle such designe, wold more Sensibly 
comemorate yf reasonableness of our Motives for such 
our Joy: and the Natural & necessary inducements 
wee had, to applaud and Congratulate o' Common 
happiness; in Soe Seasonabla a Change then any 
expressions our tongues or Pens can pretend to be 
capable of. On which acco" wee Could not forbear to 
close with the first opp'tunity to make you a Cordiall 
tender of our thanks having plenary assurance y' 
dureing his Administration, Vertue will be cherished 
& encouraged merits Discriminated, and Vice Sub- 
dued, and Such prudent measures taken to promote 
the generall Welfare of the province in all respects as 
will prove eff ectuall in theire Apj)lication and that hee 
will neither abbet, encourage, or connive, at perver- 
tion of JudgmP in the majesticty, or Suffer oppression 
to pass unpunished His Conduct & principles & his 
long experience of the Constitution of this Province, 
and of the peoples tempers & interest therein, has 
largely qualified him to answer that excellent perform- 
ance & raised oy expectations beyond the degrees of 
hopes even to the enjoyment of an assurance of it. 
And yett Such rude perversness has seized and Capti- 
vated that Class of people called Quakers y' not one of 
that Kank wold set one foot forward to meet him up- 
on the Road or Conduct him into Town (the notice was 
given long before of his Coming at a prefixt day) nor 
pay Soe much Regard to his person or quality as the 



r 



1698] INSTRUCTIONS TO GOVERNOR BASSE. 209 

civillity of a visit at his Lodgings: the Other people 
both from the toMrn and Countrey received him v^^ith 
unanimous demonstrations of Joy, & their hearty con- 
gratulations, & all the Instances of their regard & 
deference they were Capable to express. Wee shall 
not presume to enlarge further now then to wish yo"^ 
health & prosperity & to request y"^ Leave to Subscribe 
May it Please yJ" Hon" 
Yo' Hon" most faithfuU and Obed* Servants 

In the Behalf of the Rest 
John Tatham 
Tho: Bevell 
John Jewell 
Edward Randolph 



Instructions to Governor Basse, Lotidon 14:th April, 

1698. 

[From Grants and Concessions, p. 220.] 

Further Orders and Instructions to Jeremiah 
Basse, Esquire, Governor of the Province of 
East New Jersey, in America, sent from 
London, by the Committee of the Proprietors, 
there to be observed by the said Governor, 

VIZ. 

Imprimis, You are not to call a General Assembly 
of the said Province, until at least two Months be past, 
after the Receipt of these Orders and Instructions, but 
after the Expiration of the said Time, they meet with 
all convenient speed. 

II. 

Whereas George Willocks, our Fellow Proprietor, is 
appointed our Agent or Commissioner for selling our 

■ 15 



210 XEW JERSEY COLONIAL DOCUMENTS. [1698 

Quit-Eents, and recovering and collecting the Arrears 
of the same as by his Article and Instructions more at 
large appears, to which we referr you. You are to 
give him all possible Assistance therein, and in every 
Thing else, wherein he is employed in the Proprietors 
concern, pursuant to their Agreement with and In- 
structions to him. 

III. 

That after the sale of at least, one half of the Value 
of the Quit-Rents, then at the General Assembly's 
desire you consent to a Law, for securing the Tittle to 
all Purchasers of Quit-Rents, against all such Pro- 
prietors, or Sharers in Proprieties, as have not, or shall 
not have signed the Commission or Articles and In- 
structions to George Willocks. As also the said Law 
do make Provision foi- securing the Pui'chase Money, 
to such Persons according to their respective Interest 
and Shares each one has in Proprieties. 

IV. 

You are to use your endeavour to oblige the General 
Assembly to raise a grateful Sum of Money, to be 
remitted to London, toward some ease of the great 
Charge these Proprietors have paid, and the great 
trouble and expense of Time, which they have been at 
in struggling many Years for the Freedom of the Port 
of Perth- Amhoy, for Navigation and Trade, which is 
now obtained at last, Free from the Encroachments 
and Pretensions of any Neighbouring Colony, the 
Benefits and Advantages whereof will chiefly redound 
to the Inhabitants of the said Province 

V. 

You are also to endeavour to get a law passed by 
the Representatives of the General Assembly for es- 
tablishing a good lasting Fund, for Support of the 
Charge of the Government. 



1698] INSTRUCTIONS TO GOVERNOR BASSE. 211 

VI. 
That upon the Peoples Purchasing at least one half 
of the Value of the Quit-Rents, and the Purchasers 
paying all their Arrears in ready Money, as also upon 
the establishment of a sufficient Fund for the Support 
of the Government, to be done by the Representatives 
of the People of the said Province in a General Assem- 
bly; You then consent to a Law^ (at their desire) to 
grant them the Privileges following, {viz) That an- 
nually on a certain Day, a General Assembly shall be 
called by you to meet and sit at the principal Town of 
Perth Amboy, in the said Province, and that the said 
Representatives have Liberty to Name double the 
number of Persons to serve as Justices of the Peace 
necessary for each County, and shall present their 
Names in Writing to you the Governor, out of which 
you are to chuse half the said Number, which shall be 
Commissionated by you to serve as Justices of the 
Peace, in the respective Counties of the said Province: 
And the like priveleges of Naming double the Number 
of Coroners and Captains, and other inferior Officers 
of the Militia, for Military Service in the Province, 
you the Governor to chuse one half out of them, and 
grant them Commissions accordingly: Which Jus- 
tices of the Peace, Coroners and Military Officers so 
Commissionated by you, are to continue in their re- 
spective Offices at least for one Year, unless found 
Guilty of Maleversation in his or their respective 
Office, and may be continued for any longer time, 
without new Nomination, unless you the Governor 
shall require the Representatives in General Assembly 
as aforesaid to make a new Nomination; but it is to be 
understood, that all the Members of the Provincial 
Council, shall be first commissionated for Justices of 
the Peace from Time to Time within the said Province. 
Nevertheless if the Major Part in Number of Persons, 
or Value of Quit-Rents, in any Town or County, refuse 



312 NEW JERSEY COLONIAL DOCUMENTS. [1698 

to pay their Arrears, and Purchase their Quit-Rents, 
such Town or County shall have none of the said 
Priviledges granted them, but such Officers and Jus- 
tices shall be appointed to be over them and commis- 
sionated as was formerly accustomed by you the Gov- 
ernor only. Provided always, that a Clause be 
inserted, if such law be passed for Priviledge to the 
Representatives for Nomination of double the Number 
of Officers, as abovementioned, that such Priviledges 
shall continue and be in force no longer time than the 
General Assembly do continue a sufficient Fund to 
Maintain and Support the Charge of the Government. 

VII. 
That you do not consent to a Law for imposing or 
asscertaining the Yearly, Quarterly, or any other 
Sallary, Tax, or Allowance for the Maintainance of 
any sort of Preachers or Ministers of whatsoever Per- 
swasion they be of in Matters of Rehgion. 

VIII. 
That you do not consent unto any Law, that may 
lay any Tax or Imposition whatsoever, upon any of 
the uncultivated Land in the said Province. 

IX. 

That you endeavour to get an Act of Assembly 
passed for recording all Deeds, Grants, and Convey- 
ances of Lands, Tenements, and Hereditaments, 
within the said Province in the Publick General Regis 
ter in the Secretary's Office, for the better Security of 
Posterity, and the greater Satisfaction to aU Purchas- 
ers, when all such Titles, as well those heretofore, as 
those that come after, shall appear upon publick 
Record. 

X. 

That you lay before the Assembly the great Advan- 
tage that will redound to the Trade of the Province in 
General, to cause the publick Road to pass through 



1698] INSTRUCTIONS TO GOVERNOR BASSE. 218 

the Port Town of Perth Amboy, from Netu- York, Sec. 
to West-Jersey, and Pennsylvania, to which good end, 
that you endeavour to get an Act passed to lay a Tax 
on the Country, to bear the Charge of a Work tending 
so much to the pubUck Benefit of the Province. 

XL 
That you consent to pass a Law or Act of Assembly 
that no Attorney or other Person be suffered to Prac- 
tice or plead for Fee or Hire, in any Court of Judica- 
ture, in any Suit or Cause or Process in Law what- 
soever, but such as are admitted to Practice by Licence 
of the Governor of the Province for the Time being. 

XII. 

That you cause all the laws already made in the 
Province to be effectually put in Execution, or that 
new Acts be pass'd to confirm or enforce the same. 

XIII. 

You are to cause Copies of all the Laws of the said 
Province, that shall be made hereafter, to be trans- 
mitted to the Committee of Proprietors in London, by 
the next Ships bound for England, from Time to Time. 

XIV. 

You are to cause these Instructions to be entered 
upon the publick Records of the Province. 

^^_._^^ A. Campbell. Thomas Hart. Thomas 
j ) Ftdlerton. Thomas Barker. Walter Bid- 

\ ^^^' \ die, David Lyell. John Burnett, for my 

*—^—'* Father, Robert Burnett. Joseph Ormston. 

Walter Benthall. Thomas Gordon. William Bing- 
ley, for my self, and Anthony Sharpe. Thomas 
Cooper. Clement Plumstead, William Dockwra, 
Secretary and Register. 



214 NEW Jersey colonial documents. [1698 



From Governor Basse to Secretary Popple, announcing 
his arrival in New Jersey. 

[From P. R. O. B. T. Proprieties, Vol. 2, B 13.] 

L're from Mr. Basse, Govf of the Jerseys, to the 

Sec^ 

Perth Amboy yi^ . . . . 
April 1698. 

I cannot Omit giving you an Acco" that after a long 
and tedious voyage I at length arrived at New Yorke 
in Company of the Earle of Bellamont' and forthwith 
went over to the Jersies, and by the advice both of 
the Councill there & his Excellencye Pubhshed my 
Com'ission from y* Proprietors & y*" Kings Com'is- 
sion for the takeing the Plantac'on Oath, which 
I accordingly did haveing as preparatory there- 
unto before his Excellency, taken the Oaths Appointed 
in y? Roome of the Oaths of Allegiance & Supremacie 
& Signed y*" test & Association": — ^how I was Received 
by the People you will perceive by the inclosed letter 
to the Proprietors by the Councell of the Province, 
since my arrival nothing of moment hath happened 
but that on y*" 9V' of ApriU, a Pyrate, came into Sandy 
Hooke landed Some men & killed Sev'all Hoggs; some 
of the men being met with by the Count'^ inhabitants 
informed them that they belonged to Road Island, & 
that foure or five of the Red-Sea Pyrates, were, or 
wold bee soon on this Coast — I imediately sent advice 
of it to the Earle of Bellamont but the Sloop hearing 



1 On April 2d . See following letter. —Ed. 

■^ See Proceedings of Governor of Council, April 7th. 1698.— Ed. 



1G98] GOVERNOR BASSE TO SECRETARY POPPLE. 315 

of the alteration of the Government: both at New 
Yorke, and in this Province, putt away to Sea, I co'' 
most hartily wish that Some methods might bee fallen 
upon to Suppress these Sea Woalves, and Secure our 
East India trade, Another thing prejuditiall to his 
Ma"^ that I have observed is the illegal tradeing to 
Corasee, & Madagascor w''^ his Excellf I p'ceive takes 
all due Methods to Discourage: I am of the Opinion 
that a Small Fortification placed at Sandy Hooke, with 
tenn or twelve men, one of w*'." ought as a Weighter 
to bee put on board every vesseU bound up y" Bay, & 
Sent down p' the next: wold doe better Service for this 
end, & the preventing SmugUng then the more charg- 
able maintenance of a Man of Warr: I have comuni- 
cated this to Esq" Randolph the Surveyor GenV who 
Seems much to approve of it, I must also begg leave 
to remind you y' in Order to end the various Contro- 
versies between ye Provinces about the imposeing of 
Rates & duties on goods exported & imported: it might 
not be amiss to bring all to an equall Levell by an Act 
of Parliam* & I have just cause to believe no other 
means can prove effectual, the Severall Assemblies 
being very hardly brought to such a Complyance, & it 
being the only Method to reduce the trade of the sev- 
erall Provinces to a greater degree of Eqallity S"" I can- 
not but hope y* you will excuse what is amiss & if in 
anything I may bee capable of Serving his Ma^f that 
you will be pleas'd not to be unmindfuU of 

Sr Yof" most Hum'!' Serv':^ 

J Basse, 



216 HEW JERSEY COLOKIAL DOCUMENTS. • [1698 



Earl of Bellomont to the Lords of Trade. 

[Prom New York Col. Docts., Vol FV., p. 305.] 

To tlie Right Honourable the Lords of the 
Council of Trade. 

My Lords 

In my letter of the eighth of January last I gave 
your Lordships an account of my arrival at Barbadoes. 

On the ninth of March I left that Island and on the 
second of April I landed at the City of Newr York, and 
entered on the Goverm* ***** 
I presume your Lords'*?* will likewise thinke it worth 
your serious consideration that the Govern' of the 
Jerseys have obtained leave to make two Ports for 
trade in their Goverut which will be a destruction to 
the Trade of the City and province of New York, who 
have established laws, for Customs by which a consid- 
erable revenue is raised to support the Govern* but if 
the said ports of the Jersies are permitted to lade and 
unlade ships free from such impositions, all Merchants 
will resort thither, being but twenty miles distance, 
which will be the ruine of this the King's Govern' 
which is the Bulwark, defence, and support of His 
Maj".^^ neighboring provinces, and the laws of this 
province that exacts customes e% imports of goods do 
expire this next year, and I fear it will be difficult if 
not impossible to get them revived, or that the people 
will be willing to lay that Clog on their trade which the 
Jersies will be freed from, so that a revenue w^hich 
well managed may advance six thousand pounds or 
£7000 p' annum will fall and nothing be left to support 
the Government. 

I would not permit proclamations to be printed in 
this City establishing Perth Amboy and Burlington to 
be free ports: until I made your Lordships acquainted 
with this matter, and received His Maj'f further 



1698] COMMITMENT OF LEWIS MORKIS. 21? 

pleasure about it: I am assured that the Assembly of 
this province at. their meeting will fully represent this 
matter to your Lordships, to be laid before his Maj*^ 

with all the fatal inconveniences that attend it' 

***** * * * * 

My Lords 

Your Lordships most humble & 
faithful servant 
l: New York May 8th 1698. Bellomont. 



Commitment of Lewis Morris' for Contempt of Court. 

[From the Original among the manuscripts of the New Jersey Historical Society. 1 

Att the Court of Com'on Right held at Perth Amboy 
y^ 11"' day of May 1698. The Court orders That Lewis 
Morriss Esq"^ for denying y'" Authoritie of this Court, 
And other his contempts, shall be fined fifty pounds, 
and be committed to prison till paid,' By order of y" 
Court 

Edward Slater Clerke. 
To y* Sheriff of y'" County of Middx, A. True Coppy. 

Joseph Rolph, Shrife 

1 A similar paragraph in Letter to the Lords of the Treasury under date of May 
25th 1698. N. Y. Col.Docts., Vol. IV. p 318.-Ed. 

''Lewis Morris, whose name for so long a time is foimd connected more or less 
intimately ■svith every important event affecting the government of the Province 
of New Jersey, was born in 1671 at Morrisania in New York. His first entrance into 
public life was in 1693, when only twenty-one years of age, being appointed one of 
Governor Hamilton's Council and a Judge of the Court of Common Right. He 
soon exercised great influence in public affairs, his legal attainments and great 
sagacity particularly quahfying him to become a wise counsellor to those in 
authority, until he became, himself, the Governor. Jeremiah Basse arriving to 
assume the government of the province in 1698 with the concurrence of only ten 
Pi'oprietaries, instead of sixteen, Mr. Mon-is ranged himself with the opposition, 
and in consequence he was arrested and imprisoned by virtue of the instrument 
given in the text. Futm-e references to him in tliese volumes will throw light upon 
his career, and see "Papers of Lewis Morris, Governor of the Province of New 
Jersey from 1738 to 1746," forming Vol. 4 of the Collections of the New Jersey His- 
torical Society.— Ed. 

2 Several documents, referring to this and other instances of difficulties between 
Lewis Morris and the Courts and Governor, will be found in connection wiih a 
memorial from William Dockwra to the Lords of Trade, under date of October 
31st, 1709.— Ed. 



318 KEW JERSEY COLONIAL DOCUMENTS. [1698 



Proclamation of the Earl of Bellomont, against the 
establish nie^it of Ports in New Jersey. 

[From P. R. O. B. T. New York, Vol. 4, C. 17.1 

Proclamation by the Earle of Bellomont for main- 
taining yf Port of New York in its privileges 
against tlie Jarzies: 

By His Excellency 
Kichard Earl of Bellomont, Captain General and 
Governour in Chief of His Majesties Province 
of New York, and Territories depending 
thereon in America, and Vice Admiral of the 
same, <fec. 

A Proclamation. 

Whereas the Proprietors of East-New-Jersey have 
been very pressing with the Right Honourable, the 
Lords Cominissioners for Trade and Plantations, to 
have the Priviledge of a Port at Perth-Ainboy within 
the said CoUony of New- Jarsey, assertaining that they 
have a Right thereunto by virtue of a Grant they 
obtained from the late King James, dated the 14:^^ of 
March 1682, though in reahty he was then only Duke 
of York, and derived his Title thereunto from a pre- 
ceeding Grant from his Royal Brother King Charles 
the Second; and have thereupon complained, that 
their Rights and Properties have been invaded by the 
Government of New York, in compelling their Ships 
to go up to New- York and denying of them the benefit 
of a Port at Pert.h-Amboy. Which Complaint having 
been taken into the Consideration of the said Right 
Honourable, the Lords Commissioners for Trade and 
Plantations, who, with the Advice of his Majesties 
Attorney and Sollicitor General, gave unto His 
Majesty their humble Opinion, That by an Act of 



1698J PROCLAMATION OF THE EARL OF BELLOMONT. 219 

Parliament made in the 25"' year of King Charles the 
second, Cap. 7, entituled, An Act for the better secur- 
ing the Plantation Trade, That all ports are to be ap- 
pointed in the Plantations by the Commissioners of 
the Customs of England, by and under the Authority 
and Direction of the Lord Treasurer, or Commissioners 
of the Treasury in the respective Plantations, for the 
collecting such Customs as are due to his Majesty in 
these Plantations. And that the aforesaid Power of 
appointing Ports, granted to the Commissioners of the 
Customs by the said Act, was not granted to the Duke 
of York by the said Letters Patents; and also the said 
Duke of York's Grant to the Lord Berkley and Sir 
Gectrge Carteret could not convey any such power, 
because he had no such power granted to him by the 
Crown. Whereupon it appeareth evident. That the 
said Proprietors have no manner of Right or Power to 
constitute ports either in East or West New Jarsey, 
from the late King Charles the second, the then Duke 
of York, or any other person deriving Authority from 
either of them, but that a Power of constituting such 
ports in any of his Majesties Plantations, is vested by 
Act of Parhament in the Commissioners of His Majes- 
ties Customs, under the Directions of the Lords Com- 
missioners of his Majesty's Treasury. 

And the said Right Honourable, the Lords Commis- 
sioners of Trade and Plantations were further humbly 
of Opinion, That all priviledges should, as much as 
possible, be preserved unto the Province of New- York. 
Which his Majesty was most graciously pleased to 
Approve; and thereupon was pleased to dismiss the 
said Petition of the Proprietors of East New- Jarsey 
and to order. That there be not any Innovation within 
the River of New York, nor any Goods to pass up the 
same, but what shall have paid the Duties at New- 
York, to the end the benefit of that Trade may be pre- 
served to the Inhabitants and Traders of New York 



320 KEW JERSEY COLONIAL DOCUMENTS. [1698 

and Albany, the same being agreeable to the Laws of 
his Majesties said Province, and to former Practice, as 
well as necessary for the collecting of those Customs 
and other Duties which are to be raised for the support 
of his Majesties Government in his said Province. 

And whereas I am Informed, That notwithstanding 
of the Declaration of His Majesties Royal Will and 
pleasure in the premises, the proprietors and other the 
Inhabitants of the said East New-Jarsey, do contrary 
thereunto, endeavour to settle and establish a port at 
Perth- Amboy, to the great Obstruction and Decay of 
the Trade and Revenue of this His Majesties Province. 
I have therefore thought fit, by and with the Advice 
and Consent of His Majesties Council, strictly to 
charge and command His Majesties Collector and 
Receiver General of this His Majesties province of 
New York, and all Custom-House-Officers under him, 
and all other person and persons whom these presents 
may or can concern, that all and every of them in 
their respective places and Circumstances, do take 
effectual care that no Ship or Vessel be suffered or 
permitted to go unto Perth-Amboy, or unto any other 
Port or place within the said East-New-Jarsey with 
any Goods or Merchandize whereon any Duties or 
Customs do arise by virtue of the Laws of England 
and this province, without their first coming and 
entring the same in his Majesties Custom-House at 
New York, and paying there the aforesaid Duties 
established by the Laws, as aforesaid. And if any 
Ship or Vessel shall, contrary hereunto, go into any 
port or Harbour in the said New-Jarsey, then his 
Majesties Collector and Receiver General, or any 
Officer appointed by him, shall seize and stop the same 
until discharged by due course of Law. And all Per- 
sons are hereby strictly Charged and Commanded to 
take Notice hereof accordingly, as they will answer 
the contrary at their Peril, 



p 



1698] EARL OF BELLOMONT TO THE LORDS OF TREASURY. 221 

Given at Fort William Henry the Twenty Fourth 
Day of May, 1698, and in the Tenth Year of the Reign 
of Our Sovereign Lord, William the Third, by the 
Grace of God, of England, Scotland, France and Ire- 
land, King, Defender of the Faith, &c. 

Bellomont, 
God Save the King. 
[Endorsed] Transmitted by jf Earle in his Lett- dated 
25*.'^ May 1698. 



Earl of Bellomont to the Lords of the Treasury, 
Enclosing the Foregoing Proclamation. 

IFrom New York CoL Docts., Vol. IV., p. 318.] 

To the Right Hon^^^ the Lords of His ]V[aj*y^ 
Treasury : 

My Lords [Extract] 

****** J have refused to permit Procla- 
mations to be printed in this City by the Gov"" of the 
Jerseys publishing that Perth Amboy and Burhngton 
are free ports, because I find that the laws of this 
Province do raise a considerable Revenue for the sup 
port of this Govern* from Customes on Goods, which 
the ports in the Jerseys will be free from, and the port 
of Amboy being but twenty mile from this, The 
Merchants will all transport themselves thither, and 
carry away all the trade to the destruction of this 
Govern* I thought this affair of so great consequence, 
that I have likewise given this account thereof to the 
Lords of the Councill of Trade, that I may have His 
Maj*'' pleasure therein for my dii^ection. * * * * 

Bellomont. 

New York May 25th 1698 



222 XEW JERSEY COLOXIAL DOCUMENTS. [1698 



Earl of Bellomont to the Lords of Trade. 

[From New York Col. Docts., Vol. IV, p 314.1 

To the Right Hon''^® the Lords Commiss''^ of Coiin- 
cill of Trade and Plantations. 

My Lords [Extract] 

****** Your LordP' representation of the 
27*'' Oct^ 1697 and His Maj*^' order in Councill thereon, 
relating to the Port of New York, I immediately com- 
municated to the Councill and have accordingly pub- 
lished a Proclamation (w^hich I herewith send) declar- 
ing His Maj*-'* pleasure in maintenance of the 
Priviledges of this port against the pretended right of 
Perth Amboy in East Jersey, which has given great 
satisfaction here, for, upon a report that the proprie- 
tors of the Jersieshas obtained His Maj'^" consent, that 
Perth Amboy in East Jersey and Burlington in West 
Jersey, should be declared ports, several of the Mer- 
chants of this Town were going to remove to Perth 
Amboy, where they proposed to themselves, the 
advantage of importing all sorts of merchandise free 
from duty; of this their resolution I writ Your Lord^' 
an account in my letter of the 18"' inst: before the 
receipt of your last letters. * " '" * * * 

My Lords Your Lordships most faithful humble 
servant 

New York 25 May 1698 Bellomont 



I 



1698] DEPOSITION OF JOHN ELSTON. 223 



Deposition of John Elston, one of Every's Creiv, 
taken before the Governor of the Jerseys. 

I From P. R. O. B. T., New York, No. 4, D. 4.1 

John Elston's Affidavit May 27*? 1698. Referred 
to in the Earle of Belloin*^ letf of ye« V^ of 
July, 1698. 

Perth Amboy, May 27*'' 1698 
John Elston aged about 20 yeares Declares that 
about the yeare 1692 being in London shiped himself 
with the Lieutenant of Capt Gibson ( Averry being then 
Cheife Mate) they proceeded on the Voyage to the 
Groyne where (upon some Disorders amongst the 
Seamen for want of theire pay) they Runn away 
with the said ship turning said Capt Gibson into a 
Pinnace after they were under saile with others of the 
said Capt Gibsons officers. This said Elston being then 
asleep knew nothing of said Action, till Comeing upon 
Decke found the Ship under. Saile, and then supposed 
said ship was Goeing for England Capt Gibson being- 
sick they tooke him out of the Cabbin, and as above 
sent him ashore. Sales that the first Land they made 
was the Cape de Verd Islands stopping at one of them 
Called the Isle of May, that there was 3 shipps there 
supposed Bound for Barbados ff rom thence proceeded 
to the Coast of Guinea touching at the Gold Coast and 
severall other places, which he does not Remember; 
that Dureing the time of theire being on the Coast 
they tooke two shipps Danes and Swedes Laden with 
Goods for the Guinea trade takeing as many men out 
of them as were willing to saile with them turning the 
Rest on shore on the Island of .... 

Belonging to the Portaguese and turning the shipps 
a Drift, that in the Acc'on they had a Dispute with 



224 NEW JERSEY COLONIAL DOCUMENTS. [1698 

said shipps for about halfe an hour looseing one man 
namely Thomas ..... they Creaned their ship on 
the Coast at the Island of . . . from thence they 
went for the Cape of Good hope but stopped not there 
but at the Island Madagascar arriving at the Port of 
. . in said Island where they tooke in provisions 
and water, ffrom thence, we went for the Islands of 
Johanna and Comaro where they went on shore and 
traded with the Indians who Informed them that there 
was theire [three '(] ships on the other side of said Island 
two of which appeared in sight and both came within 
the space of two Gunns shott which made us to sigh and 
Run from thence we Directed our Course for the 
Bight Stopping a very little space at a Portaguese 
Island, not Goeing ashore nor within a Gunns shott 
ye^t the ff ort fired one or two Gunns towards us, from 
thence to the aforesaid Islands of Johanna and Comoro 
to heare what newes the aforesaid ships had Brought 
and where we had left one of ships Compt (sicke of the 
Dry BeUy Ake) from thence we sayled for the Cape 
that makes the Gulph of Arabia on the Kedd Sea 
where we Gott in fresh provisions as Goates &cf the 
Inhabitants being very Civill to us that about two 
dayes afterwards sayleing along shore, we came to an 
Arabian Mosque, to which our Company blew [drew?] 
up, from thence to the Entrance of the Eedd Sea, where 
we came to an Anchor waiting for ships and Juncks 
Comeing from Mova, that we lay there about a fort- 
night or 3 weeks without takeing any purchasse. That 
in the time of our soe lying and Continueing amongst 
said Islands, we sent our Pinnace uj) to Mova, and at 
her Returne they brought us word that the fleet was 
Ready to saile as I heard, for the next night after the 
ffleet sayled and passed us undiscovered. The Day 
following we saw a small vessel or Junck without of 
the Port of Mova which Caused us to w^eigh Anchor 
and Chased her about an hour then tooke her with our 



1G98] DEPOSITION OF JOHN ELSTON. 225 

Pinnace, That at this time there was added to our 
Company 4 or 5 sayle more we tooke the Master of 
said small Vessel and some of his men and examined 
them, whether the ffleet was sayled or not. Theire 
Answer was that they sayled the night before, we 
tooke nothing out of her but some Locus and provisions 
and such Greene Trade keeping the Master of the 
Vessell on Board for a Pilott, and his Vessell following 
us. We made the best of our way after the afore- 
said ffleet as Did the Best of our Consorts, but there 
was but one of them that Could Keep us Company. 
When we came into the Bay of Bengali, and finding 
that we had out Run the ffleet, We hawled up all our 
sayles and lay by. A Little before Day a ship Came 
by us within about a PistoU shott after which we made 
sayle and after Day fired at her, whome we tooke 
being a ship of about six hundred Tunns a slight ship 
haveing only their Money on board the Quantity Re- 
puted to be about (or more then) Twenty thousand 
pounds Wee kept her in Company about 24 hours 
takeing out what we thought proper for our own 
use, and then lett her Goe. We proceeded further 
in to the Bay. Capt: .... Wake Master of a small 
Barke of about 80 Tunns with 8 or 10 Gunns supposed 
one that came from New Yorke within said Bay, we 
Discovered theire sayle supposeing them to be Dutch- 
men of Warr we stood away from them fireing a Gun 
to Leeward letting them know that we were freinds. 
Standing out of the Bay aforesaid wee mett with 
another Ship which we fought about an hour and a 
halfe, she being about sixteen hundred Tunns ffortj'^ 
or ffifty Gunns mounted and others in hold. That we 
had then in Company the aforesaid Capt: Wake, and 
Capt Tew's Sloop Burthen about TO Tunns 6 or 8 
Gunns who Both Assisted us in the Engagement, on 
our part we had one or two men wounded we Entred 

her and kept her about twenty-four hours That we 
16 



226 ■ KEW JEESEY COLOKIAL DOClTMENTS. [1698 

! 

Esteemed her worth about two hundred thousand 
pounds the said John Elston was not aboard of the 
ship, but as he heard there was some women on board of 
her: The next place we went to was further on the 
Coast of India where we bought fresh provision Rack 
&cf and from thence touched at a ffrench Island neare 
Madagascar where we took in more fresh provisions 
from thence we Directed our Course to the West Indies 
touching at some other Islands but tooke no other pur- 
chase, at last Arrived at providence one of the Bahama 
Islands where the Governo' gave us leave to Come in 
for which we gave him a Considerable sume of money, 
but what Quantity Cannot say. That the ship was 
Delivered to the Governo"" to take Care of her to the use 
of the owners, but before they came away she Drove 
ashore and was lost. Capt: Every with about 16 of 
his men bought a Sloop, and as he believed went for 
England the Rest of the men Dispersed themselves as 
they thought fitt. The persons that Came with the I 
aforesaid John Elston as he Remembers namely John I 
Baker, Edward Lacy, WiUiam Merrick, the Boatswaine ' 
Doctor and some others who went a shore at ff ishers 
Island. That the persons above menc'oned were Assist- 
ing and Acting at the takeing of both the shipps in the 
Bay aforesaid of Bengali That the aforesaid WiUiam 
at the Groyne belonged to the Ship Dove and Came on 
Board the ship Charles alias ffrancis with Severall 
others from other ships there and Came with us to the 
Island of Providence and from thence by way of 
ffishers Island to East Jersey. 
Jurat Coram nobis John Elston 

Jere: Basse 

Jn'! Bishop 

a True Copy 
Bellomont. 



1698] PROCLAMATION OF GOVERKOR BASSE. 227 



Proclamation of Governor Basse, establishing Perth 
Amhoy as a Port. 

[From P. R. O. B. T., New York Vol. IV., C 51.] 

GovF Bass, his Proclamation ab* y? Ports of y? 

Jerseys. 

By the Governour of East New Jersey &c. 
A Proclamation. 

Whereas by an Act of Parliment made In the 25*'' 
yeare of King Charles 2? The Power of Establishing 
Ports In All his Majesties CoUonies and Plantations 
are Invested In the Comissioners of the Customes of 
England, under the directione and Authoritie of the 
Lord Treasurer or the Comissioners of the Treasurie 
for the time being, And whereas the sayd Comission- 
ers under the directione and Authoritie Afores*^ pur- 
suant to those Powers, Have constituted & Appoynted 
Perth Amboy In East New Jersey to bee A Port & 
Have Accordingly Comissionated officers & delivered 
them Instructiones and necessarie orders for the secure- 
ing and receiveing his Majesties Dueties & customes 
upon All Merchandies Imported and Exported to & 
from the s? Port, and to Act & do whatsoever besides 
doeth Appertaine to theire respective officers & trusts, 
And the Governour being charged, both by Oath & for 
the tender whereof A Dedimus Potestatem was sent 
under the great Scale of England. And a particular 
precept signed by his Majestic under the Privie Scale, 
And by Large orders & Instructiones from the Lord's 
Justices to the Governour of the si' Province for the 
time being, which is subscribed by the Lords Comis- 
siones of the Treasurie to take effectual care, that All 
matters & things Relateing to the Acts of Trade & 



228 NEW JERSEY COLONIAL DOCUMENTS. [1698 

Navigation bee duely observed & Effectually executed 
& to cause Due prosecution of such persones as shall 
any wayes hinder or Resist any of the s!^ officers of the 
Customes. In the performance of theire Duetie. And 
the s^ Port of Perth Amhoy being further named & 
declared by the s? Comissioners of the Customes to bee 
an Appoynted & Priviledged Port In A particular 
Letter of Instructiones from the Comissioners Af ores'l 
directed to Edward Randolph Esq?" Surveyor Generall 
of his Majesties Customes In America Requiring him 
to oblidge All Merchants Masters of Ships & others to 
Loade & unloade at the Appoynted & priviledged 
Port of Perth Amboy In the s? Province & that there 
may bee no pretence of goeing Elsewhere, that the 
officers do Attend theire Respective Ports for the dis- 
patch of All business &c: 

I Do THEREFORE with the Advice & consent of the 
Councill of s? Province (answerable to the trust re- 
posed In mee) declare to make knowen that by the 
Authorities afores"! Perth Amhoy In East New Jersey 
is A Port duely Established & Appoynted whereto All 
persones lawfully tradeing cannot fayle of protection 
by the Authorities of the Act of Parliment & other 
Powers before Recited, The sayd Act Certifieing by 
whome & by what methods Ports are to be constituted 
Given under my hand and the Seale of the s'l Province 
At Perth Amboy this thirtieth day of May Anno Dom : 
1698. In the tenth yeare of the Raigne of our Sover- 
aigne Lord William the third over England &c: 

King. 



1G98] GOVERNOR BASSE TO EARL BELLOMONT, 229 



Correspondence between Governor Basse and the Earl 
of Bellomont, relative to the delivery of tioo 
privates to the latter. 

[From P. R. O. B. T., New York, Vol. 4, D 3.] 

L're from Mr Bass Govf of y? Jerseys to ye E. of 

Bellomont ab* two of Every's Crew, wl^ the 
E of Bellomont's answer. 

Perth Amboy. y' 17^' June 1698. 
My Lord, 

I noe sooner received the Precept Signed by m'^ 
Tuder for the delivery of the two prisoners for pyracy 
and Dep''dation super altum mare but I Imediately 
Convened the Councill of the Provence, it being the 
first writt of this kind that ever came into this Province. 
I found them unanimous in their opinion that p'cepts 
from the Admiralty board on Admiralty affairs ought 
to be obeyed, but withall they Judged it highly Reason- 
able that the Com'on, [ ? ] should be recorded in this prov- 
ince to which they give obedience they otherwise Acting 
by an Implicite faith. Your Lordships Commission of 
Vice Admirall Superceding the p'tentions the Proprie- 
tors had to that Right (they are Informed by ... of 
the like Usage in other cases) ought to bee published 
in every provence where it takes place together with 
those other Comm'ons by which j^ Court is held, 
These my Lord were the Reasons that Induced me to 
stop a p'cept ready drawne to the Sherriff for the De- 
livery of the prisoners to your Marsh" not thinking it 
Safe to act by my own opinion & knowledge of your 
L'dship' Authority Contrary to the Generall adjudg- 
ment of my Councill untill I receive farther Orders 
together with a publication of your L'dships and the 
Judge Admirall Commissions, which I could wish were 
in as litle time as possible the Expence of the Country 



230 NEW JERSEY COLONIAL DOCUMENTS. [1698 

in Securing them being Still uneasy, & our Goale 
being not soe secure as that in your Citty of New York 
I hope y' Lordship will excuse what is amiss, and be- 
lieve me to be — 

Your Ldships very hum'''^ Serv* 

Jer: Basse. 



[Earl of Bellomont in answer to the foregoing.] 
Sr. 

I have Communicated yours of the ITV* of Instant to 
the Gentlemen of the Coucill of this Province who 
Joyne with me in opinion that your disobeying the 
p'cept of his Majesty's Court of Admiralty of New York 
is a high Contempt of his Majesties Authority, & that 
your Councills opinion Cannot Justify you in it, who 
acknowledge in your letter to be fully aprized of the 
said authority which you acknowledged to Coll. Smith 
Judge of the Admiralty who offered you further satis- 
faction if you desired it, at your last being at New 
York to which you replyed you were full Satisfyed, 
and would give obedience to the p'cepts when offered 
to you. 

The Jerseys being subjected by his Majestic to the 
Court of Admiralty of New York and the powers & 
the Authorities of s'l Court being upon record there 
Access may be had to the s'l Records by any that please 
which is a Sufficient publication to the Jersies and will 
take away all Excuse for the disobedience to its author- 
ity the records of a Court being always kept where it 
is held. Therefore by advice and Consent of the Coun- 
cill I doe hereby require you to give all due obedience 
to such precepts as shall Issue out of the said Court of 
Admiralty of New York as you will answer the Con- 
trary at your Perill which I accordingly hereby Signi- 

fye to you. 

Your humble Servant, 
New York June IS*'^ 1698, Bellomont. 



1698] ATTOENEY GENERAL OF X. Y. ON AMBOY PORT. 'Z3l 



Reasons of the Attorney General of Neiv York, ivhy 
Perth Amhoy should not he a Free Port. 

IFrom N. Y. Col. Doc'ts., Vol. IV., p 382.1 

To His Excellency the Right HoiiouraVjle the Earl 
of Bellomont. 

May it Please your Lordship. 

In the yeare 1664 King Charles grants to the Duke 
of York all the lands betwixt Connecticut and Dela- 
ware River. In the same yeare the Duke of York 
grants all the lands betwixt Hudson's River and Dela- 
ware River to S-' George Carteret and John Lord Bar- 
clay. 

Sir George Carteret appoints inthe year 1665 [Philip] 
Carteret, his Governour to settle East New Jersey part 
of the said grant. 

In the year 1672 the Dutch take this Province and 
the East and West Jerseys, In the year 1774 S! Ed- 
mund Andros by articles of peace receives this province 
from the Dutch with orders to deliver unto his Royall 
Highness the Duke of Yorke who had a new grant for 
the same from King Charles the Second. 

The Duke of York gives a new grant to Sir George 
Carteret for East New Jersey in the said year 1674, 
another to John Lord Barclay. 

Sir Edmund Andros confirms all things done by the 
Dutch: New Yorke made a free port: Sir Edm*^ An- 
dros confirms the duties laid by the Dutch upon trade, 
takes of in the year 1675 the Burgers pack or Excise 
at New York, but exacts the other duties. In 1676 
Colonel Carteret pretends to clear a sloop at [for?] 
Carolina, was obstructed by S"" Edmund Andros. 

In the year 1678 put a duty of twenty shillings p''. 
hogshead upon rumm. 



232 NEW JERSEY COLONIAL DOCUMENTS. [1G98 

In the year 1679, Governour Carteret declares that 
all vessels that will come and trade to East New Jersey 
shall be free. 

One M' Hooper orders a Ketch from Barbadoes to 
goe thither upon that proclamation: the Ketch was 
brought up to New Yorke and made to enter here & 
pay the dutys before she could carry her rumm to 
New Jersey. In the same year S?" Edmund Andros 
seized upon the Governour and Government, calls an 
Assembly there, comes to no conclusion. In the year 
1681 the executors of SJ' George Carteret sell East 
Jersey the purchasers send over Thomas Rudyard, 
Samuell Groom to be Governours, they erect a town 
at Amboy, pretend to great priviledges, make some 
settlements there, but brings noe shipping further than 
Staten Island, where they were permitted to convey 
household gooods. 

In the time of Colonel Dongan a ship goes to Amboy 
without reporting at New York, was afterwards 
brought hither and permitted to load from this port. 
Complaint was made home thereupon and the King 
ordered they might have a port at Amboy upon con- 
dition that his collector at New York should appoint 
and take security that all ships that 
should come and load or unload at Amboy should 
pay the duties arising to His Majesty in New York; 
upon which terms they accepted a Collector, and was 
accordingly sworn to execute that office. And in this 
state continued untill the time of the happy Revolu- 
tion. Since which time there hath been noe preten- 
tions unto a f reedome of a port until now. 

Reasons humbly offered why Amboy ought not to 
be a free Port: 

Imprimis the Province of New York hath a revenue 
established upon the trade to and from the Province 
by which his Majesty is enabled to defray the charge 
of his government, which cannot be duely paid if 



1698] ATTOK]SI-EY GENERAL OF N. Y. ON" AMBOY PORT. 233 

Amboy be admitted a free port, because the scituation 
of Amboy is nearest to Sandy Hook where ships enter 
from the sea and if they can goe twelve miles to a Port 
and be free from all duties, they will never come 
twenty-four miles to pay considerable duties, so that 
the revenue will certainly fall. 

If it should be permitted to be a free Port albeit they 
have officers appointed by the Custom house, yet they 
are not able to avoid the abuses that will be committed 
against the Act of Trade, because the inhabitants of 
that Province will always preferr their private gaine 
to the generall good of the Nation of England^ and 
there being no force of government to suppress such 
unlawful! dealing, it will become (by being a free Port) 
a nursery to all the unlawfuU trade of America: be- 
cause at New- York who hath a strong garrison and 
Ships of War to attend, yet it is mth great difficulty 
that the said unlawfull trade is suppressed, and if not 
by your Lordships strict diligence, would fall into 
great disorder and confusion. 

It is also against the policy of England; for Hudson's 
River is the same with the River of Thames; for altho' 
there is not so great a breadth between the East and 
West side of Hudson River as there is between the 
mouth of the River of Thames, yet there is no other 
Port appointed in the said River butt the Citty of 
London, and from the same reason the greatest dis- 
tance between Amboy and Yorke not exceeding thirty 
miles, all the inhabitants of New Jersey cannot exceed 
by a moderate computation twelve thousand [hundred] 
families, who lay upon themselves a considerable bur- 
then for the supporting the King's government, and 
therefore more reasonable that New York should be 
the port, as London is to the River of Thames, then 
that Amboy should be a port, and not only destroy 
so great a revenue to the King, but also force the in- 
habitants of this Province, who depend uj^on trade to 



234 NEW JEKSEY COLONIAL DOCUMENTS. [1698 

repare where they may Uve more easy and by that 
means weaken the strength of so useful! a Province to 
his Majesty. And by maintaining the port of New 
Yorke there can be no greater violence done to the 
subject then there is in the river of Thames, but being 
found more for the King and Nation's service that 
London should be the port then any other place in the 
River of Thames (tho there be many convenient places 
for ports on both sides the river) yet it would be in 
prejudice of the improvements of London; and soe de- 
barred. And by the same motive the lesser ought to 
yield to the greater, being in like manner the more for 
the King's service and interest that 200 yield to 5000, 
and four or five saile of vessells come to Yorke and pay 
duties then that the navigation of 100 sail that come to 
New York should goe to Amboy & loose not only the 
trade of the Province but the revenue that depends 
thereon. Many more arguments can be offered but this 
in the meantime for your Lordships present information 
is humbly submitted by 

May it please your Lordship 

Your Lordships most obedient 

and most faithfuU servant 
Ja: Graham 
New Yorke 
June the 30^*^ 1698 



Earl of Bellomo7it to the Lords of Trade. 

[From New York Col. Docts., Vol. FV, p. 332.1 

To the Right Hon^'® the Lords Commissioners for 

Trade. 

My Lords. 

In my last of the SS^"" of May I gave your Lordships 
an account of my receipt of His Maj*^' orders in rela- 



1698] DIFFICULTY BETWEEN BELLOMONT AND BASSE. 235 

tion to the Port of New Yorke and the Jerseys and 
send your Lord'?' the Proclam*" I pubHshed thereon; 
but I finde since my proclamation Coll: Bass published 
a Counter proclam'" in the Jersey's which I now send 
you; he likewise hath wrot several letters to me on that 
subject, much disputing my orders and ascerting the 
right of the Port of Perth Amboy; but he hath since 
been with me and seen the Kings orders, and I thought 
he was so well satisfied that there would be no dispute 
but that the Jerseys should submitt to the Court of Ad- 
miralty of New Yorke: and soon after a ship was seized 
there by Mr. Randolph and tryed in the Court of Ad- 
miralty here, but sometime since two Pirates of Every's 
crew being seized in the Jerseys a precept issued out 
of the Court of Admiralty here to demand them and 
to bring them prisoners thither. On this Coll: Bass 
called his Council and they were unanimous not to de- 
liver, until the Commission for the Court of Admiralty 
was published and recorded in the Jerseys as appears 
by Coll: Bass his letter now sent of the 17 June last. 
On the receit of this I call His Maj*^^ Councill, and by 
their advice sent a command to Coll: Bass (which I 
now likewise sent you) with which Coll: Bass being 
startled, he ventured without the consent of his Coun- 
cill to send me the two prisoners supposed to be Every's 
crew. I herewith send their examinations taken be- 
fore Coll: Bass. I can find no evidence here against 
them, so that they would be cleared on a tryall here, 
and I have no instructions to send them for England 
so that I must admitt them to bail. One of them is 
not now above nineteen years old, his name is John 
Alston, was about 12 or 13 years old and was a boy in 
the ship when Every run away with her, and as he 
said forced him away too for a cabin boy, that he had 
no share wdth the rest, but a small part which they 
voluntarily gave them, that he acted no ill thing with 
his owne hand, and could not avoid being in the ship, 



236 NEW JERSEY COLONIAL DOCUMENTS. [1698 

being forced away: his account appeared to me prob- 
able, and inclines me to represent this circumstance to 
your Lord"?* that if you think fitt he may be represented 
as an object of His Ma j'-^* mercy, he is not named in 
the Proclamation. * ***** 
My Lords — I am with respect — Your Lordl^ 
most humble and faithful servant 

Bellomont. 
New York July the 1'.' 1698. 



Earl of Bellomont to the Lords of the Admiralty, 

[Fi-om N. Y. Col. Docts., Vol. 4, p 359.1 

To the Right Hon^^® the Lords of the Admiralty. 

(Extract.) \ 

My Lords 

* * P. S. I had omitted to acquaint your Lord''^ \ 
that a precept issued out of the Court of Admiralty of 
New Yorke, to take two supposed Pirates out of the 
custody of the Gov': of Jerseys, but he by advice of the 
Council (as he said) did not obey it on pretence that 
my commission of Vice Admirall (which as yet I have 
not) was not published and recorded in the Jerseys, 
nor the other Commissions of that Court. But I sent 
him a commanding letter, which he obeyed, and sent 
the Prisoners, as your Lord^.^ will perceive by the letters 
which shall be laid before your Lord^** by the Agent. 
[New York July 6th 1698] 



1698] MINUTES OF NEW YORK COUNCIL. 237 



Minutes of the Council of Neiv York, relating to the 
clearance of a vessel from New York to Perth 
Amhoy. 

IFrom P. R. O. B. T., N. Y., Vol 4, D 31.] 

Minute of the Council of N : Yorke of y? 23''? July 
1698 ab* a Port at Perth Aniboy. 

At a Councill at New Yorke the 

23^;^ July 1698. 
P'rsent. Capt: JgHN Nassau Lieu* Governor 
Step. Cortlandt \ ^ . Gabr Monviele \ ^ . 
Nich: Bayard j ^' John Lawrence j ^ 

Coll* Cortlandt Did inform the board that this Day 
the GovernoV of the Jerseys Accompanied Stephen 
Jerom Master of the Ship Dispatch and Demanded 
Clearings for Amboy, in order to Unload Goods with- 
out paying the Duty, and upon Argument Tendred to 
give Security in £1000 to abide by all at Westminster- 
hall, and to pay the Duty and Charges in Case they 
shall be Cast in his Maj'ties Courts. 

The Governor of the Jerseys and Mr. Willock were 
called in, and his Excellencies proclamation read to 
which the Governo'" of the Jerseys did answer that they 
Did not Claime theire right to a Port from the Duke 
of Yorks Grant but from the Act of Parliament of the 
25"' King Charles the Second Chapter the Seventh. 
Amboy being Established a Port by the Comissioners 
of the Customes, under the Directions of the Lords of 
the Treasury, That My Lords Proclamation could not 
Oblige them to part with their Right whereof they 
were possessed, unlesse they Did understand, that it 
was Destroyed by the same power that Gave it. That 
it was unreasonable and Contrary to the Law of the 
Province of New York to levy money upon his Maj'ties 



338 



NEW JEKSEY COLONIAL DOCUMENTS. 



[1698 



Free Subjects of East Jersey, by virtue of the Acts of 
Assembly of this Province, while the Subjects of East 
Jersey had no person to Kep'sent them in those As- 
semblyes. 

That the Master had Signed Bills of Loading to De- 
liver Goods at Amboy, and that the Commissioners of 
the Customs had signed to Cocketts of that Town. — 
That the Councill of the Jerseys were Eesolved to pro- 
tect any Ships Coming thither and to Repell force by 
force, but to p'vent force and violence they Doe tender 
to Give Security as Coll? Cortlandt Did already In- 
form. 

The Governor of the Jerseys Gave in Coppies of Mr. 
Cokers Comission to be Collector of the Jerseys; King 
Charles the second's Proclamation, King William's 
Letter to the proprietors of East Jersey, the Com? of 
the Customes Report upon the Proprietors petition, 
and the order of the Comissioners of the Customs to 
Mr. Randolph about a port at Perth Amboy. It is the 
opinion of the Councill, that a Coppy of these Minutes, 
and other papers be sent up to his Excellency, 

P order 

David Jamison Ck Council. 



Deposition of Ducie Hungerford, about the seizure of 
a Vessel at Perth Amboy. 

LFrom P. R. O. B. T., New York, No. 4, D. 34.] 

The Deposition of Ducie Hungerford Esq"" Colli of 
his Maj*^ Customes Att New Yorke in 
America. 

Who being duely sworn upon the holy Evangelists 
of God deposeth and saith that having intelligence of 
a Sloops entring and unloading severall goods and 



1698] DEPOSITION OF DUCIE HUNGERFORD. 239 

Merchandise att Perth Amboy in East Jersey w*'>out 
first duely entring the same att his Maj'' Custome 
house in New Yorke, He this Deponent did on the 23'^ 
July last repair to Amboy taking to his Assistance M' 
John Parmyter in order to seize the s" Sloope to the 
Kings use, according to Law and Severall Acts of Par- 
hament, and Pursuant to Proclamation issued forth by 
his Excellency the Earl of Bellomont dated the 24*'' 
May last directing and commanding every officer of 
the Custome house in their respective places and dutys 
to stop, seise, or hinder any vessel w'soever that con- 
trary to said Proclamacon should go to Perth Amboy, 
there to break bulke and unload any goods and Mer- 
chandise whatever w'^'out due entry first made att his 
Majesties said Custome house in New Yorke of said 
vessell and Goods Att this Depon*' arrivall att Amboy 
he found by search in the Coll" office there, that there 
had been entred and landed sundry goods and merchan- 
dise from on board the said sloope Viz' a hh^l TyoU 
wine drinking glasses &c. whereupon this Deponent 
endeavoured to gett on board the said vessell in order 
to seise her as aforesaid, But coming nearer found 
severall of the Inhabitants of Amboy had gotton on 
board of her amongst whom were M' Cole and one M' 
Leveridge and two men belonging to M"" Basse Captain 
Richard Wise and Mr. Joseph Heron, who w"' Clubbs 
Oars, handspikes &c Stood on her Side to Keep this 
Deponent from coming on board the said vessell — And 
this Deponent further saith that on his approaching 
and coming near the said sloope the said Heron swore 
God dam him he would knock this Deponents brains 
out if he offered to come there or words to that pur- 
pose, and they all bid this Depo* keep of att his Perill 
by w'^'' means he this s'' Depon' was hindred and pre- 
vented from doing his duty according to his office in 
seising the Vessell aforesaid And this Deponent fur- 
ther saith that some time after being on the shore in 



249 NEW JERSEY COLONIAL DOCIJMENTS. [1698 

Company w*'' M' Parmyter the said Wise from on 
board called to this Deponent and asked, if he had a 
mind to come and sink by her side, and after many 
threatning words. The said Wise, Heron, and others to 
a great number came from on board the said Sloope up 
to this Depn* in a violent and tumultuous manner w"' 
clubbs oars &g and put this Depon* in great danger and 
fear, whereupon he and Mr. Parmyter both went back 
as farr as safely they might, but the said numbers of 
people suddenly rushing on them they were att last 
forced to stand w*^ their swords in their hands to keep 
them off in their own defence but offered no assault or 
violence to any, and were at length constrained to de- 
liver up their swords, and then was by the Constable 
of the place rudely seised on and violently hailed be- 
fore a Justice of Peace by name Samuell Dennis, after 
he had kept this Depon*^ in Custody about two hours 
w^'out order, or warrant as he himself owned, and was 
after kept in Custody by the said Justice or by his order 
about two hours longer to whom this Depon* shewed 
his Commis'ion, and told him by whose and what 
authority he came to seise the said sloope and that it 
was according to his duty and place, and pursuant to 
his Excellency's said Proclamac'on, but the said Justice 
Dennis denyed that his Excellency's said Proclamation 
had any force there, nor could they Take any notice 
of it But charged this Deponent w"' comitting a Ryott 
tho in truth there was none save the said M' Parmyter 
and this Deponent, nor did they offer any force or 
violence to any w^ever And this Depon* further saith 
that he desiring the said Justice not to admitt the said 
Wise to give Evidence for that he was somewhat in 
drink, as plainly appeared to this Deponent, upon w'^'' 
the said Wise loudly swore God dam him he would 
knock out this Depon*' brains if he did not hold his 
Tongue, or words to that effect, and was then comeing 
towards this Deponent to strike him, but was hindred 
by some people Standing by. 



1698] EARL OF BELLOMONT ON PORT QUESTIONS. 241 

And this Depon* further saith that after he had been 
kept in Custody by both Constable and Justice from 
about six a clock in the Evening till about half an hour 
after tenn att night he was sett att liberty, and soon 
after returned to New Yorke not being able to 
make the intended seisure being violently hindred and 
prevented as aforesaid 

DUCIE HUNGERFORD. 

Jurat Coram nobis the 18*:^ day 
Septemb! 1698. 
Bellomont 
Ja: Graham 



Earl of Bellomont to the Lords of Trade. 

[Prom New York Col. Docts., Vol. IV, p 380.] 

To the Right Honourable the Lords Commission- 
ers of the Council of Trade. 

[Extract.] 
My Lords 

w *3v" 7v w vr 

Your Lordships formerly sent me orders to maintein 
the priviledges of this port against Perth Amboy in 
East Jersey: upon which I issued a Proclamation sig- 
nifying his Majesty's order in Councill thereupon; and 
Colonel Basse, Governor of. the Jerseys setting forth a 
counter proclamation, I sent for him and shewed him 
the Orders your Lordships had sent me, and that in 
the presence of the Attorney Generall; yet this man 
has since had the impudence and folly to deny that he 
ever saw my orders and pretends he will by force main- 
tain the port of Perth Amboy. When I was at Albany 

he appeared before my Lieutenant Governoi- and the 

17 



24^ KEW JEtlSEY COLONIAL DOCUMENTS. [1698 

Councill and controverted the right that place had to 
be a port and produced severall coppies of papers (but 
not one original) to prove that the Lords of the Treas- 
ury & Commissioners of the Customes allowed it a 
Port. My Lieutenant Governour's letter to me at 
Albany, and the minutes of Councill will inform your 
Lordships of this matter, they are (No 6) and with 
them are bound up coppies of all Colonel Basse's papers, 
which he produced before my Lieutenant Governor 
and Councill, as evidences of Perth Amboy being al- 
lowed a Port. I must not forget to acquaint your 
Lordships that when I shewed Colonel Basse the orders 
you sent me, he urging the validity of those papers, I 
now come from mentioning, and that the Act of Par- 
liament of the 25"" Car. the 2*^ gave the sole power of 
constituting Ports to the Lords of the Treasury and 
under them to the Commissioners of the Customes; I 
told him if he could produce an authentick originall or- 
der from the Lords of the Treasury or the Commission 
ers of the Customes, erecting Perth Amboy into a Port, 
I would pay that deff erence to their orders as not to 
disturb any ships going in there, provided security 
Avere given that all goods landed there should after- 
wards pay the duty claimed by the port of New York 
in case upon my writing to the Ministers in England 
the matters should again be determined in favour of 
the port of New York: and I remember I argued with 
Colonel Basse the impossibility of the King's making 
such an order in Councill without the concurrence of 
some of the Lords of the Treasury, who as members 
of the Privy Councill would have sett his Majesty 
right if the matter had been wholly under the direc- 
tion of their Lordships of the Treasury by that clause 
in the Act of Parliament. Besides I told him it could 
not be imagined that such eminent lawyers as my 
Lord ChanceUour and Lord Chief Justice of England 
would sitt at Councill and not inform his Majesty that 



1698] COURSE OF GOV. BASSE TOWARDS PIRATES APPROVED. 243 

such an order w^as against law, w^ere it really soe. To 
shew what little respect Colonel Basse paid to the 
orders of the government I send your Lordships an 
affidavit made by M' Hungerford who together with 
Colonel Cortlandt is appointed to execute the office of 
Collector and Receiver Grenerall in M' Brookes his stead, 
which is bound up with the above said paper * * 
I conclude with much respect, My Lords 
Your Lordship's most humble 
and obedient servant, 

Bellomont 
New York Sep* 21'.' 1698. 



Secretary Popple to Governor Basse, commending him 
for his zeal in suppressing Piracy. 

[From P. R. O. B. T. Proprieties, Vol. 25, p 356.1 

To Jerimiah Bass Esq?" Gov. of his Majesties 
province of East and West New Jersey in 
America. 

s-- 

I communicated the letter which you were pleased 
to write me, dated in Aprill last, to the Lords Com- 
missioners of the Councill of Trade and Plantations: 
upon which their Lord"' have comand." me to Acquaint 
you, that your advices are very Acceptable to them, 
and to desire the continuance thereof, The Method 
which you say you have proposed to M'- Randolph for 
preventing Smuggling and illegal Trade, will I sup- 
pose come under the Consideration of the Commis- 
sioners of the Customes, to whose province it particu- 
larly belongs. 



344 ]^EW Jersey colonial documents. [1698 

What you write about equalizing the Duties on Com- 
modities in the Severall plantations by an Act of Par- 
liament here is a Matter of great weight upon which I 
presume not to make any Judgement. But as I know 
that the Suppression of Pirats and the discouragement 
of them in the Plantations, either by preventing their 
fitting out from thence or apprehending and punish- 
ing those that return thither, is absolutely necessary 
not only in respect of England, but for all honest Men 
even in the plantations themselves, I cannot therefore 
but commend the Zeal you have many times expressed 
in that matter, and remain confident that you will 
omit nothing in your power that may contribute to so 
good a Work, whether it be by intelligence and advices 
hither or by the care full Execution of what is re- 
quired from you in the place of your residence there I 
heartily wish you all manner of happiness in the Post 
where you are placed, And am &° 

W. P. 

WhitehaU | 

Octob'- y'^ 25'}' 1698. j 



Secretary Po2y2)Ie to Mr. Loumds, Secretary of the 
Commissioners of the Treasury, inquiring whether 
any directions had been given by them, relative 
to the Port of Perth Amboy. 

[From P. R. O. B. T. Proprietors, Vol. 25. p. 263.1 

To Mf Lownds. 

S!- 

The Lords Com'.'' of y^ Council of Trade and planta- 
tions having lately received Lett';* from the E of Bello- 
mont wherein he writes that M- Bass at p^'sent Gov- of 



1698] bellomont's difficulty with governor basse. 245 

East & West New Jersey, notwithstanding his Maj'*.^ 
Ord^ in Council of the 25".* Novemb- 1697 (whereof I 
send you here enclosed a copy) had Controverted before 
the Council at New Yorke the Right of the proprietors 
of the Jersey's to have a Port at Perth Amboy, directly 
contrary to his Maj** fores? Order in Councill and to all 
y? Instructions that have been constantly given to the 
Gov? of New Yorke and pretended to maintain that 
Right by Force; Their Lordships being highly sensible 
of how pernicious consequence the allowance of the 
priviledge to y? Jersey's would be to the Trade of his Maj** 
provf of N. Yorke & to his Maj'* Revenues there, have 
comand!' me to Desire you would please to inform y"" 
whether y* matt!" have been before y!* R- Hon"!" y? Lords 
of ye Trea''.^ & w* directions their Lordi' have been 
pleased to give about it I am &.° 

W. P. 
Whitehall } 

Decemb^ the 14V* 1698. I 



Eai^l of Bellomont to the Lords of Trade. 

IFrom New York Col. Docts., Vol. IV., p 438.] 

To the Right Honorable the 'Lords Commissioners 
for Trade and Plantations. 

[Extract.] 
My Lords 

-!v .Jf -Jf -;<- •!<- 

Mr, Basse the Governour of the Jerseys in contempt 
of the orders your Lordships formerly sent me, loaded 
the ship Hester at Perth Amboy in East Jersey and 
was sending her on a voyage ; on notice whereof I sent 
M' Hungerford one of the present Collectors, and one 



24G NEW JERSEY COLONIAL DOCUMENTS. [1698 

of my Lieutenants with forty soldiers and seized and 
brought the ship away. I have since offered to restore 
the ship provided Basse would have her cleared at this 
Port, Init he refusing so to do we are going to have 
her tried. The whole proceeding about the said ship 
is contained in the papers herewith sent (No. 1) viz^ 
two minutes of Council and two letters, one whereof 
writ by Mr. Cozens, Clerk of the Council to Basse, by 
order of myself and Council, and Basse's answer to 
that letter. M' Basse sent me word he had positive or- 
ders from the Proprietors not to yield upon no account 
to any orders I had received, and he threatens to try 
in Westminster Hall whether Perth Amboy be a port 
or no, and to sue me for damages for bringing away 
the ship Hester. ' She is a leaky ship of about 120 tun 
and her loading is 2S,0()0 barrel staves. Now that I 
speak of the Jerseys it will be proper to acquaint your 
Lordships that I have not yet complied with his 
Majesty's instruction which orders my regulating the 
Militia of the Jerseys, because there is no civill govern- 
ment there, for Basse having not the King's approba- 
tion, as the Act of Parliament of the seventh & eighth 
of the King obliges all governours of Plantations to 
have, the people do not own Basse's authority, and for 
fear they should call it more publickly in question, he 
dares not call an Assembly. Besides 'tis said he has 
been formerly in very mean circumstances in that 
country, and his carriage now is very foolish, which 
makes him contemptible to the people. 
* ■" " * I am with respect My Lords 
Your Lordships most humble 
New Yorke and obedient Servant 
December 14".' 1698 Bellomont 



1 Governor Basse did,as he threatened he would do. The case was taken into West- 
nihister Hall, and its thorough discussion resulted in the establishment of Perth 
Amboy as a free port, and a verdict was rendered in favor of Governor Basse, for 
several hundreds of pomids sterling. See East Jersey under the Propri. Govts., 2d 
Edition, pp. 305-207, Proceedings of N. J. Hist, Society, Vol, X. p 144,— Ed. 



1698] SECRETARY POPPLE TO SECRETARY SANSOM. 247 



Secretary Popple to Secretary Sansom, transmitting 
sundry documents referring to the Controversy 
about the Ports of New Jersey, for the consid- 
eration of the Commisssoners of the Customs. 

[From P. R. O. B. T. Proprieties, Vol. 25, page 282.1 ^ 

To John Sansom, Esq'' 
Sir: 

The Lords Commissioners of the Councill of Trade 
and [plantations having been lately informed by the 
Earle of Bellomont from Nev^ York of some opposition 
made by M'.' Bass Governor of the Jersy's, to his Maj- 
esties Order in Councill of the Twenty fifth of Novemb'i 
1697; relating to a Port at Perth Amboy; they have 
commanded me to send you the following papers for 
the information of the Commissioners of his Majesties 
Customs in that matter Viz. 

C) [*] Copy of their Eepresentation to the Lords 
Justices Dated the 27V* October 1697. 

[*] Copy of his Majesties order in council upon their 
said Representation dated the 25^'' Nov": 97. 

Copy of the Earl of Bellomonts proclamation in Pur- 
suance of the forementioned Representation and Order 
Dated at N. Yorke the 4*" of May 1698. 

[*] Copy of M': Bass's proclamation challenging the 
Right of a Port at Perth Amboy in opposition to his 
Majesty's foresaid Order in counc" dat'! at perth Amboy 
y\ 30^'; May 1698. 

[*] Copy of a Minute of his Majesties Council of New 
York upon a Dispute about the clearing of a Ship for 
Perth Amboy, without paying customes at New York. 
Dated the 23'-.'* of July 1698. 

[*] Copy of Ducy Hungerford's Affidavit relating to 
the opposition made to him at Perth Amboy, upon a 

(1) [*] The documents thus marked will be found under their respective dates on 

preceding pages.— Ep. 



248 NEW JERSEY COLONIAL DOCUMENTS. [1698 

seizure that he endeavoured to make there in pursuance 
of his Majesty's forsaid Order in Councill and the Ear] 
of Bellomonts proclamation upon it. Dated the 18'." 
September 1698. 

Unto which I am commanded to add that their Lord- 
ships observing that M''. Bass now waves the former 
pretence of a Right derived from the Duke of York 
•and builds chiefly upon the commissions granted by 
the Commissioners of his Majesties customes to their 
Officers at Perth Amboy from whence he seems to in- 
fer either a direct Establishment or at least Tacit Sup- 
position of a Right to a Port in that place by vertue of 
the act of Parliament of the 25V> Ch: 2'\ They are 
desirous to know if the Commissioners of the Customes 
have received the like Informations from the Earl of 
Bellomont about this Business and what Order they 
have taken therein; Or if they had not received So full 
Information before, Their lordships desire they would 
now please to consider the Papers I send You, and let 
them know their thoughts thereupon; Because it seems 
much for his Majesties Interest, and of great import- 
ance to the province of New York, and consequently 
to the Security of his Majesties other plantations in 
America, (of which New York is the most considera- 
ble frontier) that his Majesties forsaid Order in Council 
and the Instruction constantly given to all the Gover- 
nors of New York upon that Subject, be punctually 
observed. 

Their Lordships observing also that the Earl of Bello- 
mont in his Letter of the First of July last makes 
mention of a vessel Seized by M"". Randolp in the 
Jerseys and afterwards Tryed in the Court of Ad"!^ of 
New York, they desire you would let them know the 
Subject and Success of that Tryall, I am &''. 

W. P. 
Whitehall } 

Decemb'; the 22'J 1698. )' 



1698] PETITION FOK ANDEEW HAMILTON AS GOVERNOR. 249 



Petition of the Proprietors of East Jersey, that An- 
drew Hamilton may he approved of as Governor. 

[From p. R. O. B. T., Proprietors, Vol. 2, A 42.] 

Petition of the Proprietors of East New Jersey. 
To THE Kings most Excellent Maj"* 

The humble Petic^on of yf Proprietors of the Province 
of East-New-Jersey in America. 

Sheiveth 

That Andrew Hamilton Esq- by appointment 
of your Peticoners hath been Grovernor of East-New- 
Jersey for many yeares last past, In which Office he 
behav'd himself w*." so much Zeal & affection to your 
Maj"f' Service dureing the late War ag.' the French of 
Canada, and w*" so much justice & Prudence towards 
yo'" Maj*:'^* Subjects the Inhabitants of that Collony, 
that your Petic'oners at the generall request of that 
People have again nominated him to be Governor of 
the same Province: as a person most acceptable to the 
Country, and thereby most capable of serving y? Crown 
both in Peace & War. 

Your Pefy doe therefore most humbly beseech yo' 
Maj'l^ to allow & approve of their choice of the said 
Andrew Hamilton to be Governour of the said Province 
of East New Jersey. 

And yo' Pef.' as in duty bound shall ever pray &c ']. 

Signed by Order of the Proprietors on behalf of the 
whole 

Wm Dockwra 

One of y'' Prop? & Seer. & Eeg^ 

of the Province^ 



; 
250 NEW JERSEY COLONIAL DOCUMENTS. [1699 



Secretary Popple to Attorney Generall Trevor, ask- 
ing his opinion as to the qualification of Andrew 
Hamilton, as Governor of East Jersey, he being 
a Scotchman. 

[From P. R. O. B. T. Proprieties, Vol. 25, p. 303.] 

To Sir Thomas Trevor, Knight, 

His Majesty s Attorney General-l. 
^': 

His Majesty having been pleased to Eefer unto the 
Consideration of the Lords Commissioners of the 
Council of Trade and Plantations a Petition of the 
Proprietors of East New Jersey in America, Praying 
that Andrew Hamilton Esq' whom they have nomi- 
nated to be Governor of that Province may have his 
Majesties Eoyall allowance and approbation for that 
Employment, Their Lordships have commanded me 
to acquaint you that the said Hamilton is a Scotchman 
born, and thereupon, to desire your Opinion whether 
he be qualified for that Employment, in respect of the 
Act for preventing frauds and regulating abuses in the , 
plantation Trade, or any other Law of this Kealm. 
I am &? " W. P. 

WhitehallJan. 7] 
the lY'." 1698 9 )" 



Attorney General Trevor to Secretary Popple, in 
answer to the foregoing letter. 

[From P. R. O. B. T. Proprieties Vol. 3, B. 44.] 

Lr'e from Mr Att"?" Gen? in answer to one writ him 
ab* M"" Hamilton, a Scotchman, propounded to 
be Gov^ of the Jerseys. 

For Wf Popple Esq'' 
S? 

According to the Comands of the Lords Com? of 
the Council of Trade Signified to me by yof L're of the 



699] SECEETARY SANSOM TO SECRETARY POPPLE, 251 

7'" of Jan'y last I have considered of the matter 
vherein my Opinion is required by their Lords'ps, and 
im humbly of Opinion That a Scotchman borne is by 
jaw capable of being appointed Governor of any of 
he Plantac'ons, he being a natural born-Subject of 
Cngland in Judgm? and Construcc'on of Law, as much 
IS if he had been born in England. 

Your most humble Serv* 

Tho: Trevor 
If Feb^ 1698. [1698-9] 



Letter from Secretary Sansom to Secretary Popple, 
transmitting a rejoort of the Commissioners of the 
Customs, about Perth Amhoy. 

[From P. R. C, B. T. ; Proprieties, Vol. B 2, 53.1 

lir'e from Mf Sansom in answer to one writ him y® 
22*!^ of Dec'" last ab^ Perth Amboy, with y« 
Copy of a Report of ye Com'? of ye Cus- 
toms to y'' 1/^ of ye Ti'easury upon ye same 
subject. 

!)R 

I received your Letter dated thie day — For answer 
,0 which You will please to be Informed That the 
IJomm? haveing perused the severall Papers Trans- 
nitted in yours to me of the 22*'' of December Last Ke- 
ating to the Business of Perth Amboy, and such others 
IS They had before them concerning that matter Have 
;his day Finished a Report to the R' Hon'^l'' the Lords 
^omm"".* of his Ma*" Trea'ry from whome Papers to the 
ike purpose were Referred to them, to Consider of, 
md have sent the same forward their Lord''.^ of which 



252 NEW JERSEY COLONIAL DOCUMENTS. [1699 

For the more speedy Information of the R' Hono*"" the 
Lords Comm''.' of the Councill of Trade, I herewith 
send you Copy. 

As to the Later part of your said Letter of the 22*'' 
of December Touching a vessel seized by M'" Randolph 
in the Jerseys and afterwards Try'd in the Court of 
Admiralty of New Yorke, Desireing to know the Sub- 
ject and Success of that Tryall. The Comm'' have spoke 
to the masf of the Ship, By whome They were In- 
formed Mr'' Randolph had sent them Acco** of thie 
matter. And are Told by the said Mast'' That being in 
Distress in his Passage home, he Threw Mr. Randolphs 
Racquet over board, amongst other things, Soe that 
the Comm''* are yet without Notices from M' Randolph 
in that business. I am 

S"^ You most humble servant 

Jno Sansom 
Custome house, London 

21"' February 1698 [-9]. 
Mr. Popple. 



Copy of a Report from the Comni''.* of the Custom* 
to the Lords of the Trea'ry About the Settle 
ment of a Port at Perth Amboy. [Transmitted 
with tlie foregoing.] 

May it please Your Lords'ps 

In obedience to your Lords'ps com'ands Signified tc 
Us at Our late Attendance on your Lordships on a 
Letter from M^ Popple to M'.' Lownds of the 1-1 Decem- 
ber last Concerning the Dispute between his Excellency' 
the Earle of Bellomont Governour of New York &c' 
and Colli Bass Governour of East and West Jersey 
about the Settlement of a Port at Perth Amboy We€ 
do humbly report to Your Lords'ps that Wee havt 
Considered the said Letter and other Papers therewith 
Referred to us on this Subject And do Humbly Report 
to Your Lords'ps That besides the Act made in the 25", 



.699] EEPOET OF THE COMMISSIONERS OF CUSTOMS. 253 

feare of the Reign of King Charles the Second for 
)etter Securing the plantac'on Trade whereby the man- 
igeing and collecting the Rates and Duties payable by 
,hat Act is Lodged in the comm" of the customs under 
iTour Lords'ps Authority. There is another Act in the 
■"' and 8*.'' Year of his present Ma^?' Reign for prevent- 
ng Frauds and Regulating Abuses in the Plantac'on 
rrade which for the better execution the Severall Acts 
)f Parliament relating thereunto doth provide That the 
Lords Comm'"® of the Treasury and Comm'.^ of the cus- 
iomes in England for ye time being Shall and may con- 
ititute and appoint Such and So many Officers of the 
I/^ustomes in any City, Town, River, Port, Harbour, or 
>eek of or belonging to any of the Islands Tracts of 
Land and Proprieties when and as often as to them 
^hall seem needfuU Pursuant to which Law (not men- 
foned by the R.' Hon^?" the Lords Com" of the Councill 
)f Trade in their Representation to Their Excellencies 
;he Lords Justices of the 27 of October 1697) Your 
Lords'ps were pleased by Yom' Warrant of the 20? of 
S^ovember 1696 to apjDrove of a Collector at Perth 
^mboy in East Jersey and another at Bridlington in 
West Jersey which Constitution in those places was 
proposed with others to Your Lordshii3's from the 
3pinion of the Surveyor Generall of the Customes in 
lis Majesties Plantacions. That it would be a Reason - 
ible Accommodation to the Traders in those Provinces 
IS well for the Security of the Revenue as for the more 
Effectual Observance of the Severall Acts relating to 
:he Plantac'on Trade to which Purpose the Officers 
tiave Instructions from this Board to Collect the Rates 
a,nd Duties Imposed by the aforesaid Act in the 25 
yeare of the Reign of King Charles ye Second upon 
lobacco and other Plantation Comodities therein Enu- 
merated which shall be Shipt or Loaden from thence 
for any other of his Ma'* Plantac'ons. — as also to in- 
spect the like Commodities which shall be Laden in ships 
bound directly to this Kingdom And to attend the De- 



254 NEW JERSEY COLOKIAL DOCUMEKTS. [1699 

livery of all European Goods brought from home and 

prevent the Importation thereof from other places and 

likewise to take Care That all Goods be Imported and 

Exported in Ships Qualified according to Law which 

are the Chiefe Matters those Officers are charged with 

Nor was Establishment of a Collector at Perth Amboy 

any wages intended (nor can it in our humble Opinion 

be understood) to exempt those inhabitants of New 

Jersey from the Payment of any Dutyes they were 

before chargeable with to the Government of New 

York and are wholly different from those which the 

Collector of the Customes is charged with at Perth 

Amboy and are not under Our^Direction as may appear 

from Our Eeport to Your Lords'ps of 31 August 1697 

upon this Subject Copy whereof is hereunto annexed 

All which is humbly Submitted to 

Your Lords'ps Consideration 

Charles Godolphin Samuel Clark 

Walter Yonge Benj ^ Overton 



CustomhouseLondon 
21 Feby 1698. 1 1698-9.] 



Will" St Quintin 



Order of Council referring to the Lords of Trade a 
Petition from the Proprietors of East Jersey. 

LFrom P. R. O. B. T. Prop., Vol. 2, B 56.] 

Order of Council upon a Petition of Y® Proprietors 
of East New Jersey, about a port at Perth 
Amboy. 

At the Court at Kensington 
the 9"' of March 1698 [1698-9] 
Present 
The Kings most Excellent 
Ma^'' in Councill 
Upon reading this day at the Board the Petition of 



1698] OKDER OP COUNCIL TO THE LORDS OF TRADE. 255 

the Proprietors of the Province of East New Jersey in 
America, concerning the Port of Perth Amboy in the 
said province It is Ordered by His Ma'i*' in Councill that 
it be and it is hereby Refered to the R- Hon^"* the 
Councill of Trade to examine the matter of the said 
Petition, a Copy whereof is hereto annexed, And to 
Report to this Board what they conceive fit to be done 
therein And it is further Ordered that M". Atturny 
Generall and M^ Solicitor Generall do attend the 
Councill of Trade at the said Examination. 

John Povey 



[Enclosed in the foregoing.] 
To THE Kings most Excellent Ma'':^ 

The humble Petition of the Proprietors of the 
Province of East New Jersey in America. 

Humbly Sheweth 

That the Earle of Bellomont Your Ma'^' Governor of 
New York in America in November last, Commanded 
Thirty or Forty Armed Men to Seize the Ship Hester, 
then Riding at Anchor within the Harbor of Perth 
Amboy in East Jersey (ready to sail with the product 
of that Country to the Maderas) and to carry the said 
Ship up to New York, where his Excellency caused an 
Information to be fil'd, in Order to her Condemnation, 
for not Entring and clearing at that Port. ' 



' At a Council held at Perth Amboy the 26th of November 1698. 

Present [Governor Basse "1 
J John Royse | 

I John Bishop f 

I Sam'll Dennis J 

The Governor did Inform this Board that yesterday in the afternoon Capt. 
Mathews & Mr. Hungerford with between fifty and Sixty men in Arms did come 
from New York & by Sui-prise forcibly entr'd the Ship Hester & forcibly detain'd 
her, and also forcibly do keep & retain Capt Richard Wise Com'ander of the s'd 
Ship & all the Seamen & Mariners (to her belonging) prisoners aboard the Said 



256 NEW JEBSEY COLONIAL DOCUMENTS. [1698 

That the Earl of Bellomont Justifies his Proceedings 
by vertue of your Ma*''.* Order in Councill made the 
twenty fifth day of November 1697, in Confirmation 
of a Eeport of the R* Hono^l^ the Councill of Trade, 
wherein ther Lo"?*' declare their Opinion that your 
Petitioners have no Grant of any Port in East Jersey, 
And that the Allowance of such a Port will be Detri- 
mental! to New Yorke. 

That the said Report is grounded upon Severall mis- 
Informations of matters of Fact, and the Proprietors 
had no Notice of the said Report or of your Ma'^'*' con- 
firmation of it, till the same were published by the 
Earl of Bellomont in America, whereby yo' Pet'^'' lost 
all opportunity of asserting their Right of Entring and 
Clearing Ships in East Jersey. 

That your Pet'"* are advised by Eminent Councell 
that they have an undoubted Right of Entring and 
Clearing Ships immediately at East Jersey, and if they 
are deprived of a Common benefit of a Port (enjoyed 
by all other English Colonies) that fertile Country will 
be Deserted by the Inhabitants and retiu-n to a Wilder- 
ness, and your Pet" Estates there (which have lost 
them great Summs of Mony to purchase and Improve) 
will be totally lost. 

That to obviate all objections which have been or can 
reasonably be made by the Inhabitants of New York 
against a Port in East Jersey, your Pef.* will oblige 
themselves to procure an Act of Assembly of that 
Province for Imposing the same Dutys upon Goods, 



Ship, and have hurt & wounded Several of the sd Marriners: His Honour the Gov- 
em'r doth desire the Opinion & advice of this Board, whether he shall convene the 
Country & forcibly retake the Said Ship, or forbear & Suffer those people to do 
what they please. 

It is the positive & unanimous Opinion of this Board that there be no force to re- 
take the Said Ship Hester." At a subsequent meeting December I2th the following 
was recorded " It is the positive and uanimous Opinion of this Board, the Governor 
do not medle or concern any further with the Ship Hester any manner or way, in 
Complyance with the Governor or Goverm't of New York."— Records of Governor 
and Council 1682—1-/03 pp 201, 203— Ed. 



1G99] MEMORIAL FOB ANDREW HAMILTON AS GOVERKOR. 257 

to be Imported into and exported from East Jersey as 
are or from time to time shall be payable for the Goods 
at New York, and to be applyed to the like uses as the 
Customes of that Port are applyed. 

Your Pet" therefore most humbly pray that your 
Ma*/ will be graciously pleased to permitt the free use 
of the Port of Perth Amboy, upon their procuring such 
Act of Assembly for ImjDosing the like Customs as 
aforesaid, Or that (for yo'" Pet'f vindication against the 
clamor of the Inhabitants of East Jersey, upon this oc- 
casion) your Ma'/ will direct Your Attorney Generall, 
to Consent to a Tryall at Barr in West Minister Hall, 
upon a faign'd Issue, whereby yo'" Pet''.^ claim may re- 
ceive a Judiciall Determination. 

And yo- Pet? as in duty bound, shall ever pray &c. 
W DocKWRA Tho: Cooper Thos Lane 
John Burnet for Tho. Barker P Sonmans 
Robert Burnet Joseph Ormston Wal: Benthall 
Wm Bingley for Gilb't Mollesen for himself & 

myself and and for Tho: Harte 

Anthony Sharpe Robert Barclay J. Coffting 

E. RiCHIER. 

A true Copy John Povey. 



Memorial from the Proprietors of West Jersey, ask- 
ing for the axjpointynent of Andreiv Hamilton as 
Governor. 

[From P. R. O. B. T., Proprieties, Vol. (2) B 57.] 

To THE Right Honourable the Councill of Trade 

AND Plantations. 
The humble Memoriall of the Proprietors of West 

Jersey in America. 
May it x^lease Your Lordshipps 

CoUonell Andrew Hamilton having executed the 
Office of Governour of the provinces of East and West 
18 



258 KSW Jersey colokiaL documents. [1699 

Jerseys for severall yeares past with great Fidelity & 
reputation and the Prop" of East Jersey having againe 
made choise of him to serve in the same Station, and 
humbly besought his Majesties Approbation of him by 
their Petition which is referred to Lour Lordsp? Wee 
humbly represent to Lords'?* That wee have likewise 
elected Collonell Hamilton Governour of West Jersey, 
as the fittest Person in our Judgment to serve the 
King's Interest, and give satisfaction to his Ma'ties 
Subjects in that Colony And do therefore humbly re- 
quest Your Lords'?* That in the Report which Your 
Lord?" shall think fitt to make upon that Petic'on 
of the Prop^^f of East Jersey, Your Lords'?* will be 
pleased to certifye to his Majesty Our Election of 
the said Collonell Hamilton to be Governour of West 
Jersey and Our humble desire of his Majesties Appro- 
bation of him. 

Thos Lane 
Paul Docminique 

E. RiCHIER 

John Moore 
[March 13H' 1698-9] . Michael Watts 

John Bridges 
Rob'^ Michel 
W** Hamond 



Andrew Hamilton to Secretary Popple, relative to 
the action of the Lords of Trade on his appoint- 
ment as Governor of Neiv Jersey. 

[From P. R. O. B. T., Proprieties No. 1, B. 59.] 

Lr'e from M*". Andrew Hamilton to y^ See''?' desiring 
a speedy Report upon the Petic'on &, Memlf of 
of y^ Jersies ab* his being appointed Gov^ 

Being inform'd that their Ld'ps have been taken up 
with multiplicity of affairs, I was unwilling to inter- 
rupt their Ld'ps with any motion of mine. 



1699] MEMORIAL OF THE PROPRIETORS. 259 

But now for the Season of the year disposing those 
concerned in Shipping bound to New York & Boston, 
to dispatch them speedily, & the latest to sail 14 dayes 
hence, puts me under a necessity to remind their Ld'ps 
of the petition & . Memorial of the Proprietors of the 
Jerseys concerning me, which lyes before the Board. 

The State also of the Post in America which is un- 
der my care,' doth call for my speedy repair thither. 
The Acts of Assembly of those Colonies which ascer- 
tain the Rates upon letters being near expired, & will 
not be easily renewed without my personall applica- 
tion, 

I humbly therefor move their Ld'ps by you Sr that 
a Report may be made against next Council day if it 
may suit with their Ld'ps convenience 

Sr 
Your most obedient servant 

23'! March 98 [98-99] And: Hamilton 



Memorial of the Proprietors of East Jersey to the 
Lords of Trade, in relation to the seizure of the 
shij:) Hester, & their claim to free ports. 

IP. R O. B. T., Proprieties, Vol. 3, C >.] 

TO THE Right Hon'*^^ the Lords of the Councill of 
Trade and Plantations. 

The Humble Memorial of the Proprietors of East 
New Jersey in America. 

The said Proprietors having lately presented their 
humble Petic'on to his Majesty in Councell, since re- 
ferred to, and lying before your Lordshipps, wherein 



' Col; Hamilton, at that time, was Postmaster General for New Jersey and r^ome 
of the other colonies. See Vol. I., p .509, Note. — Ed. 



260 NEW JERSEY COLONIAL DOCUMENTS. [1099 

they complain of the Governor of New-Yorke his 
seizure of the Shipp Hester within the Harbour of 
Perth-Amboy in East Jersey, which his Excellency 
Justifyes by virtue of his Majesties Order in Councill 
made in Confirmation of a Report 'from Yo- Lordp* 
declaring Your Opinion that the Proprietors have no 
Grant of any Port in East- Jersey; And the Proprietors 
having in their said Petic'on sett forth that Your 
Lord".* Report was grounded upon Severall misinform- 
ations given your Lordp^ of matters of Fact; They 
humbly crave leave to Explain themselves therein. 

Whereas Your Lordshipps in that Report declare 
that the Prop'tors have no manner of right or power 
to constitute ports in East Jersey from K : Charles 2"?, 
the Duke of Yorke, or any other person deriving 
Authority from either of them, They humbly Declare 
that the right claimed by them is but the Com'on & 
Naturall Right of coming into & going out of that 
Province with Shipps for the necessary Support of the 
Inhabittants (A priviledge which every other CoUony of 
America doth enjoy to this day.) 

And that no Customes being payable there for any 
Goods Imported from Europe thither, or for the j)ro- 
duct of that Collony to Europe, the West Indies or 
elsewhere, They conceive and are advised they have 
power to Import and Export such Goods from any 
part of that Province without Interruption, And for 
the Enumerated Goods of the growth of the Planta- 
tions and Transported from one Plantation to another 
upon which a duty is Imposed by the Statute of the 
25 of K: Ch: 2'1 The Proprietors insist that the Comm'.* 
of the Customes under the Direction of the Lords 
Comm" of the Trea'ry had Constituted Perth Amboy 
a Port for that purpose before Yo- Lordp? late Report, 
which the Proprietors are willing shall be the Port for 
Importing & Exporting all Goods whatsoever to and 
from the said Collony. 



1699] MEMORIAL OF TUE PROPRIETORS. 261 

That the separation of the Jerseys from New Yorke 
(being in the year 1664) was before the Statute that 
Impowered the Com" of the Customes to Constitute 
Ports in America, or before any Customes were paya- 
ble at New York; so, That as the people were under no 
limitation from England of Using the most convenient 
Harbours in their Collony for Importation & Ex- 
portation; New York cannot pretend that by the 
separation of the Jerseys any Eevenue or Customes 
are lopp'd off which were formerly payed out of those 
Provinces to the Province or Port of New York. 

And whereas Yo*: Lord^f in Yo": said Keport sett 
forth that New York and Perth Amboy lye within the 
same Capes & River, and that it is not usuall to admitt 
of two Independant Ports within the same River, The 
Proprietors humbly insist that Yo^. Lord"?* are misin- 
formed in that particular, for tho' Virginia and Mary- 
land lye within the same Capes & River they have 
different Ports, and every Creek is permitted to be so; 
and the same is practised in New England. And tho' 
the entrance from the Sea to New York and Perth 
Amboy be through the same Channnell close by Sandy- 
Hooke because of Shoals and Banks that lye along to 
Nassau or Long Island, yet being once within the said 
Channell the courses flo wings & Ebbings, are different, 
for New York lying North from Sandy Hook upon 
Hudsons River, and Perth Amboy lying West upon 
Rariton River, (as will appear by the Mapp) if Ships 
bound for Perth Amboy must first enter at New Yorke 
they wiU be subject to the Inconveniences following. 

They must first goe down again to Sandy Hook be- 
fore they can fall into the ChanneU of Rariton-River, 
and are subject to be driven to Sea as often Pilots have 
been, conveying Shipps down to Sandy Hook, one in- 
stance whereof is now in England; The Pilot in S'?"" or 
9^'' last conveying down the Kings Shipp the Fuoy to 
Sandy Hooke, a Gale Sprung up that the Cap.' could 



263 NEW JERSEY COLONIAL DOCUMENTS. [1699 

not put him ashoar and was forced to bring him to 
England. 

If a Ship bound outward from Perth Amboy with 
the product of that Collony shall be obliged to clear at 
New York She may be blown off in going round, and 
so is seizable in any of the Kings Ports for want of 
Coquets. 

A Northerly Wind is a fair wind to goe to Sea from 
Perth Amboy but blows quite down Hudsons Eiver, 
that Shipps with that wind cannot come at New York 
& so lose a fair wind: 

In the wintertime Shipps can goe to Sea from Perth- 
Amboy, once in two or three Tides, but it is impossible 
to goe to New York, because of the running Ice in that 
River, and therefore must lose their Season till the 
Winter is over. 

East Jersey affords great store of Horses fitt to be 
Transported to the West Indies, They are never put 
aboard till the Wind offers fair to goe to Sea; And 
should Vessels loaded with Horses be obliged to Clear 
at New York, they may lose the Wind that might 
carry them to Sea, and be the loss of their Voyage, 
besides many inconveniences too tedious to trouble 
Your Lordshipps with. 

The Proprietors hoping Yo"^ Lord*!* are satisfied they 
intended no disrespect to your Lord^.* by that Allega- 
tion in their Petition, They humbly represent to yo'' 
Lord'ps that the Chief design of their present Petition, 
is to take away the principall Objection made by Yo"". 
Lord'.^ against a Free Port in East- Jersey, viz* the Det- 
riment it will bring to New York, and therefore the 
Proprietors made the proposall, and will still undertake 
to perform it, of obtaining an Act of Assembly for the 
same duties at Perth Amboy, as are and shall be paid 
at New York. 

And though they have further pray'd that a Try all 
at Bar may be granted for a finall decision of their 



1699] E. J. PROPRIETORS ASK FOR A SPEEDY ANSWER. 263 

Right, The Proprietors doe only thereby intend, that if 
their proposall of obtaining the hke Customes be not 
accepted, to be vindicated against the clamouis of the 
Inhabittants upon that Occasion, who unless the Case 
receive a Judiciall Determination have and will Impute 
the want of a Free Port wholly to the Proprietors 
remissness of Asserting their Right in a due course of 
Law. 

The Proprietors therefore humbly pray Yo": Lordi' 
Consideration of the Premises, and that Yo' Lordships 
will admitt them to a hearing, before Yo" Lord^^ make 
any Report upon their last Petition 

W™ Penn 
Thomas Harte 
Tho: Cooper 
David LyeU Tho^ Barker 

Clem* Plumsted 
John Burnet & for 
Rob* Burnet 
Gilbert MoUeson for 
W" Dockwra, Peter Sonmans Walter Benthall 

Robert Barclay 
[March 23^ 1698 9] Joseph Ormston 



Memorial of the Proprietors of East Jersey to the 
Lords of Trade, asking for a speedy report upon 
their petitions. 

[From P. R. O. B. T., Proprietors, Vol. 3, C 4.] 

Mem! of the Proprietors of East New Jersey 
about a Port at Perth Amboy. 

The Proprietors having (at the last time they 
attended Yo!" Lordpp') suggested, that the allowing a 
Port in East Jersey upon the conditions then propos'd 
would be no Detriment But rather an Advantage to 
New York, doe now in Obedience to Yo' Lord^P* Com- 
mands humbly offer the following reasons for it. 



204 NE^V JERSEY COLOXIAL DOCUMENTS. [1G09 

If The people of both Provinces being under Equall 
Taxes of Importation & Exportation, the Merchants or 
Inhabittants of New- York will not be tempted to re- 
move from New-Yorke (w*"." is a place well setled & 
abounding with all Conveniency's for Trade) to East 
Jersey, which has yet few Buildings &, not capable of 
Receiving them till they have spent a great deal of 
time & money to make the necessary provisions for 
Trade. 

2 '7 Most if not all the Improveable Lands of New 
Yorke are already taken up & setled, whereby that 
Province is now as well peopled as it is like to be for 
many Years; And will therefore return under the same 
Difficulty's both for Men & Money in time of any 
future Warr, as they were in the last Warr, and 
England will still be under a necessity of Supplying 
them with Men & Money on such Occasions. 

3\y But if East Jersey have a Port, that Country 
(w*'^ has a great deal of Fertile Land lying vacant) will 
soon be peopled from the remoter Barren CoUony's, 
And capable of Furnishing Men and Money in case of 
any Invasion from the French or Indians. The only 
Reason which has yet Cramp't that Country from In- 
creasing in people, being the incapacity of Importing 
thither what they want, & Exporting from thence the 
product of their Labours: 

•I'f The Moyety of the Customes arising at East 
Jersey being paid and applyed to the Support of the 
Frontieers of New Yorke, that Province will be eased 
of such part of their present charge, or at least England 
will be discharg'd from that Expence of Men and Money 
which it is now forced to be at for that purpose. 

5':^' Whereas it has been Objected that East Jersey 
was once a part of New York & Contributed to that 
Revenue in proportion to the Customes that arise upon 
Goods consumed by the Inhabittants of that Province; 
If they shall be now permitted to supply themselves 



1690] E. J. PROPKIETORS ASK FOR A SPEEDY ANSWER. 265 

by their own Imi)ortation then the Customes of New 
Yorke will proportionally Decrease. 

In answer to which, The Proprietors offer to put 
themselves under the same Customes with New York, 
And will pay in, to the Treasury of New- York, Yearly 
for the support of the Frontieers as much as the Cus- 
tome of Goods consum'd in East Jersey has amounted 
to in any Year since the disjoyning of that province 
from New- York, if their Lordshipps shall be inclinable 
to accept of that Offer rather than a Moyety of the 
Customes arising at East Jersey. 

The Proprietors are much surpriz'd at the Objec- 
tion Yo!' Lordpp" make to their Right of Goverment, 
which they enjoy'd dureing y? Reign of the late King 
Charles 2^^ not only by an uninterrupted allowance of 
it. But by a Particular Declaration recognizing their 
Authority and Commanding the Inhabittants to obey 
them. And by the late King James, and since by his 
present Majesty. 

THEIR TYTLE TO IT, IS THIS. 

King Charles the Second by Letters Pattent granted 
the powers of Goverment of East Jersey to the Duke 
of Yorke. 

The Duke of YoRKe in 1682 granted all the same 
powers of Goverment to the Proprietors as appears by 
the Grant now produced to Yo"^ Lordshipps, which King 
Charles 2'! back'd with the Declaration above men- 
tioned. 

The Proprietors enjoyed it accordingly, and though 
in the Commission Granted to Coll. Fletcher late 
Governor of New York the Jerseys were at first in- 
certed, Yet upon the Petition of D' Cox then chief 
proprietor of West- Jersey and a hearing at the Coun- 
cill Boord, after a long Debate by Councell, wherein 
the Absigneableness of Goverment was particulaiiy 



266 . NEW JERSEY COLONIAL DOCUMENTS. [1699 

discuss'd It was Ordered that the Jerseys should be 
struck out of Coll, Fletchers Commission, and they were 
struck out accordingly. 

The proprietors humbly pray Your Lord^"* Consider- 
ation of the premises and that Yo"" Lord^p* will be pleased 
to make a speedy Eeport upon their Petitions referred 
to Your Lordshipps. 

By Order of y® Proprietors 

W"' DOCKWRA 

Aprill iij 1699. 



From Secretary Popple to Wm. Dockwra, informing 
him that the Lords of Trade had concluded to au- 
thorize a trial at Westminster, to test the Propri- 
tors* claim to the Port of Perth Amboy, and to 
their Government of the Proviyice. 

[From S. P. O. B. T. Proprieties, Vol. 35, p 399.) 

To M^. Dockwra 

Sir, 

The Lords Commissioners for Trade and Plantations 
having taken into consideration the Petition of the 
Proprietors of East-New- Jersey in America (refer'd 
unto them by his Majesty's Order in Council of the 9'^ 
of March last) relating to a Port at Perth Amboy, in 
which they pray that for their Vindication against the 
Clamours of the Inhabitants of East-New- Jersey on 
that occasion His Majesty's Attorney General be di- 
rected to consent to a Tryal at Bar in Westminster 
Hall on a feign'd Issue, whereby their Claim may re- 
ceive a Judicial Determination, And their Lordships 
having likewise considered the further Memorials that 
have been laid before the said Proprietors, or by your- 



1(399] TRIAL IN WESTMINSTER HALL AUTHORIZED. 267 

self in their behalf, in pursuance of his Majesty's said 
Order of Reference; They have commanded me to ac- 
quaint you (for the Information of the said Proprie- 
tors) that they intend to offer to his Ma'^ in Council, 
on Thursday next that such a Tyrall be had at the Bar 
in Westminster Hall, whereby the said Claim together 
with the Right of Government of the Province of East- 
New- Jersey, upon which the same is grounded, may 
accordingly receive a Judicial Determination. 

I am &^ W P. 

Whitehall 
April the 14*3' 1699. 



Representation from the Lords of Trade to the King, 
informing him of their determination to have the 
claim to a Port in East Jersey tried in Westmin- 
ster Hall. 

[From P. R. O. B. T. Proprieties, Vol. 35, p 400.] 

To THE King's most Excellent Majesty. 

May it Please Your Majesty, 

In Obedience to Your Majesty's Order in Council of 
the 9"' of March last upon a petition of the Proprietors 
of East-New- Jersey in America, relating to a Port at 
Perth Amboy : We have considered their said Petition 
with what they have further offered to Us upon that 
Subject; and finding no reason to alter our former 
Opinion rejDresented to their Excellencies the Lords 
Justices the 27"' of Octob. 1697 That the granting them 
the priviledge of that Port would be extremely preju- 
dicial to Your Majesty's province of New Yorke; But 
observing that in the close of their said Petition they 
pray, That in case Your Majesty should not permit 
them the free use of the said Port of Perth Amboy 
upon the Terms by them proposed, Your Majesty 



268 KEW JERSEY COLONIAL DOCUMENTS. [1609 

would be pleased for their Vindication against the 
clamours of the Inhabitants of East New Jersey upon 
this occasion, to direct Your Attorny Generallto consent 
to a Tryal at Bar in Westminster Hall upon a feigned 
Issue, whereby their claim to the s'' port may receive 
a Judicial Determination, We thereupon most humbly 
offer to Your Majesty, That such a Tryal at Bar be 
had in Westminster Hall, whereby the Proprietor's 
said Claim; together with the Right of Government of 
the said Province, may receive a Determination. 
All which neverthelesse is most humbly submitted 

Signed 

J. Bridghewater 
Philip Meadows 
W" Blathwayt 
John Pollexfen 
Whitehall Abr. Hill 

Apr. the 18"^ 1699. 



Memorial of the Proprietors of East Jersey to the 
Lords of Trade, relative to the proposed trial of 
their rights to a Port. 

[(Indorsed) P. R. O. B. T. Proprieties, Vol. 3, C. 7.] 

To the Right Hon^':'" the Lords of the Comimttee 
OF Trade & Plantations. 

The Humble Memoriall of the Pi-oprietors of the 
Province of East New Jersey in America. 

Sheweth 

That the Proprietors having by Y"" Lordi"?*' command 
Received Notice from M': Popple of Y""- Lord*":' intention 
to offer Yo': Opinion to his Maj'y that a TryaU at Barr 
be had in Westminster Hall, for bringing their Claim 



1699J PROPRIETORS OF E. J. RELATIVE TO PROPOSED TRIAL. 269 

of a Port in East-Jersey, together with the Right of 
Government of that Province, upon which (Yo*^ Lord^P* 
conceive) their said Claim is Grounded, to a Judiciall 
Determination, Doe humbly crave leave to Represent 
to Represent to Yo?" Lordshipps. 

That their proposall to have such a Tryall of their 
Claim to a Port was intended only as their last resort 
to Justify themselves against the Clamours of the In- 
habittants, but their principall Design & Desire in the 
Petic'on was & is to avoid all Controversy with his 
Maj^/ And to remove the Objection made by New- 
York in putting the Trade of East Jersey under the 
same Duties of Importation & Exportation and there- 
fore they humbly pray that Yo"; Lord^P^ will together 
[with] Yo'" Report lay before his Maj'?' their Memorialls 
delivered to Yo^ Lord''?^ upon this Occasion. 

That the Proprietors made no offer to try their Right 
of Government in such feigned Issue, and are advised 
their right to a Port doth not depend upon their 
Right of Government, And the Law having prescrib'd 
a proper Method of trying the Right to RoyaU Fran- 
chises, claimed by Subjects — The Proprietors conceive 
they cannot without Injustice to themselves and the 
Inhabittants of that country, Submitt their Right of 
Government to be part of such an Issue, — Nor can 
the Omission of it be any prejudice to his Ma'^ since if 
the right of a Port should depend upon the right of 
Government his Maj*?' will have the benefitt of that 
Point in evidence at the Tryall, as much as if it were 
part of the Issue itself e. — 

All which they humbly submitt to Yo'i Lord^P' Con- 
sideration 

By Order & on behalf 
of the Proprietors 

Apr. 19'!' 1699 W? DOCKWRA 

S'; & Ri- 



r 

270 NEW JERSEY COLONIAL DOCtJMENTS. [1699 



Letter from the Toivn of Newark to the other Towns 
in East New Jersey, in reference to a certain Act of 
the Legislative, and reflecting upon the conduct of 
Governor Basse. 

LFrom the Original among the Manuscripts of the N. J. Hist. Society.] 

To y? Townes of Perth Amboy Elizabethtowne 
Woodbriclge freehold Bergen Shrewsbury 
Middletowue Piscataqua Aquechenonck <fec. 

G entlemen. 

The meetings of our towne have considered an Act 
entitled an act for redressing a force of our Neighbo' 
Province;' and we find y* y^ money Ordered to be raised 
by that act is put into such hands as we have no reason 
to trust nor are we any waies secured y* y'' money will 
be applyed for y* countrys good: but have great reason 
to believe y" contrary which has made us resolve not 
to pay it, but to resist all force that shall be used for 
y^ gathering of it and because the taking away of y* 
Ship Hester has been made the only pretence for rais- 
ing y® money mentioned in that act we have thought 
fit to let y'' Proprietors know y* the country was ready 
enough to have deff ended her and that we are owing 
only to y'' cowardess of y'" Govern' for her Loss and we 
have also thought fit to Acquaint y™ how he has In- 
vaded our rights and Priviledges. 



1 Printed in Grants and Concessions p 376: raising £675 by tax, to meet J;he ex- 
penses likely to be incurred in resisting the encroachments of New York. The 
money was to be remitted through " Mr. Edward Earl, Mr. John Cooper, Capt. 
Samuel Walker, Mr. William Lawrence Jun'r and Peter Vanest, being chosen by the 
Deputies; Captain Andrew Bowne, Mr. John Koyse, Captaiu John Bishop, Mr 
Thomas Wame and Mr. Samuel Dennis, appointed by the Council, seven whereof 
shall be a Quorum " acting as Commissioners, to Sir Thomas Lane, Knight, our 
present Governor Jeremiah Basse, Esq. Mr. Thomas Hart Mr. Robert Waley, and 
Mr. John Loften, Merchants in London who were appointed Agents to act accoid- 
ing to such instructions as they might receive from the Commissioners. — Ed. 



1699] EAKL OF BELLOMONT ON LETTER OF GOV. DONGAN. 271 

These be things friends and neighbours we thought 
fit to write unto you Hoping youle Joyne w*" us in 
Hindering the execution of so unreasonable an act and 
to remonstrate our Grievances. 

We are your ffriends 
Signed by order of y^ Towne of Newarke 
Aprill yf 21: anno: 1669: Nathaniell Ward, Clerk. 
Aprill y^ 21^* 1699 Signed By Order of Eliza: Towne 

Sam^"- Whitehead Gierke 
Aprill 25*^ 1699 
Signed By order of Perth Amboy 

John Barclay Glerk. 



Earl of Bellomont to the Lords of Trade. 

[From N. Y. Col. Docts., Vol. IV, p 521.] 

To the Right Honourable the Lords Commissioners 
for Trade and Plantations. 

My Lords [Extract.] 

* * To confirme your Lordships in the mainten- 
ance of the Port of New Yorke against the pretentions 
of the Proprietors of East Jersey, I send your Lord- 
ships the copy of the Duke of York's letter to Colonel 
Dongan when Governour of New Yorke' which acci- 
dentally has fallen into my hands. 'Tis copyed by 
M'; Spragg then Secretary of this Province, and I 
believe it is a true one. This letter shows that the 
Duke of Yorke was tender of the priviledges of New 
York in that respect and that he rejected the pretensions 
of the said Prorietors to have f reedome of Port at Perth 
Amboy, in East Jersey '" -' - Bellomont. 

New Yorke May the 15"' 1699. 

' See Page 475 of Volume I of this series. — En. 



272 NEW JERSEY COLONIAL DOCUMENTS. [1699 



Proclamation of Governor Basse against certain im- 
migrants from Scotland. 

[From P. R. O. B. T., among West Indies, Vol. aS:^.] 

By y®Hon^'® Jeremiali Basse Esq'" Gov'* of his Majes- 
ties Provinces of East & West Jersies. 

A Proclamation. 

Whereas by a Letter from White Hall dated y'^ 2'! 
of January last past directed to me from y'' Hon'''' 
James Vernon Esq' one of his Majesties principal Sec- 
retaries of State, I am given to understand that sever - 
all Shipps of force have been fitted out in Scotland, 
with design, (as some of y'' Adventurers therein have 
declared) to settle themselves in some part of America, 
and that the Enterprise hath bin laid and Contrived, 
& is now effectually carried on by Projectors and 
Undertakers without their Acquainting of his Majesty 
with their Intentions; So that his Majesty cannot but 
look upon such an undertaking to tend to y'' Breach of 
Peace with his ffriend & Ally y'' King of Spain, & to 
Militate against y*" Treaties his Majesty hath entered 
into with that Crown, & of dangerous consequence 
also to his Majesties Colonies in y^ West Indies; 

These are therefore in his Majesties name, & in pur- 
suance of his Majesties Commands signifyed to me in 
y^ said Letter strictly to prohibit cfe forbid all & every 
his Majesties Subjects, & others Inhabiting within this 
Gov'mn* to hold any Correspondence or to give any 
Assistance, Aid, or Reliefe whatsoever to any of said 
Shipps, or to any Person, or Persons concerned therein 
while they are engaged in y'' af ores'' Enterprise; or to 
Transport, or carry, or cause, or suffer to be Trans- 
ported, or carried any Amies Ammunition, Provisions 






iG99] LETTER FROM TOWNS CONDEMNING GOV. UASSE. 273 

or other necessaries whatsoever out of this Province 
either in their own Vessells, or in any other Shipps, or 
vessells for y^ use of y'' said Shipps, or Persons, or any 
of them, as they do tender his Majesties Pleasure & 
Service, and will answer y" Contrary at their Peril. 

Given at Burlington ye 25*" day of May Anno R R 
Gulielmi Tertij Angt &'' Undecimo: Annoq Dom' 1699. 



Letter from the Towns of Newark, Elizabethtoivn, 
Perth Amboy mid Freehold to the Proprietors, con- 
demning Governor Basse. 

[From P. R. O. B. T., Proprieties, Vol C, D 98.] 

Worthy Gentl. 

The Representatives of this Province of East New 
Jersey, haveing made an address to Jeremiah Bass 
Wherein as we are informed, they Tell him he has 
Spent his Estate in Endeavouring the good of the 
Province, and they hope he will long continue theire 
Governour; with much more the like fuUsome fflat- 
teries. Wee think it our duty to Informe Your Hon7; 
That address was made and Passed, by A Number of 
his own Creatures in the house, and that it is Very 
Farr, from being the Sentiments of the Generallity of 
y? Province, that he has Spent any money for their 
good; and as farr from their desires, that he may con- 
tinue their govern^ for instead of Keeping up the hon' 
of Governm- as was his duty, he has upon all Occasions 
basely Prossituted it; Which to Instance were but to 
recount all his Acts of Governm' Wherein it was Pos- 
sible for him So to do. Wee owe the Unhappy circum- 
stances Our Port lies under to his Cowardize and 
19 



274 XEW JERSEY COLONIAL DOCUMEXTS. [1G09 

Sloath; who when he knew of a Force, conieing to 
take the Ship Hester, an houre before their arrivall, 
took no care to prevent her being Surprized and when 
he had Force Enough to Retake her; being Earnestly 
desired by them to head'eni himself e, or to Comic'onate 
Some other; he refused & Trembling left them, the 
Ship Lay two days before the Town of Perth Amboy; 
the Souldiers ridiculeing the Governm* of the Jerseys; 
Calling for their Govern?" all their Continued Insults, 
he no other ways resented, then by desiring Them not 
to be angry, and Presenting their Cap''-'' with Brandy 
and oy' Provisions and drinking the Earl of Bellomonts 
health to them, were the 111 Effects of these Proceed- 
ings, our only Sufferings; We might P'haps, have been 
Patient under our Pressures; but as meanness of S]3iritt, 
is Seldome Unaccompanied with other Vices So are we 
no less oweing to his Malice, then his FoUy for our 
hurt, Our Rights and Priviledges, are by him invaded 
in the highest degree; and in lieu of the Free Electing 
Representatives, we are Forc''t to Submitt, to the Arbi- 
trary Will of himself e, and his CounciU; by whose 
advice (Tho unminuted) he took the Writt from the 
Constable, the people being met to Elect, Pretending 
informahty in it, and because one of his own Faction 
could not be Chosen, he appointed the Election two 
days after; tho the same methods were at first took, as 
ever had been Since East Jersey has been a Province, 
and he has not only Stuck, by advice of his Councill, 
to Violate Our Liberty s, and Privihdges, but Likewise 
Your Possitive Instrucc'ons remaining upon the Pub- 
lick Records, Which by his Commic'on he is tied Up to 
Obey. One Instance Shall Serve Viz* Instrucc'on S'!' 
To Lay no Tax upon uncultivated Land, &?. The 
Proceedings of the last Assembly, Will Sufficiently In- 
forme Yo' Hon'.', That no Govern' has had a Councill, 
that could better Suite and Answer his Sinister designes 
then That of Mr. Basses. 



1699] ORDEla OF COtTNCIL. 275 

These things Much hono? we thought fitt to let you 
know that you may take Such Prudent Measures, as 
may be most Conducive for your owne and Our good. 

By Ord; of the Town of New Worke 
Aprill, 21"' 1699 Nath: Ward Clk 

Aprill 21*ii 1699 By Ord'' of EHzas Towne 

Sam" Whitehead Clk 

Aprill 25*." 1699 By Ord' of Perth Amboy 

Jno Barclay Clk 

June 1!! 1699 By Order of Freehold 

Copia Veria Wm Laing Clk 



Order of King in Council, referring a petition of the 
Proprietors of West Jersey for an approval of 
Andrew Hamilton as Governor, to the Lords of 
Trade. 

[P. R. O. B. T. Proprieties, Vol. 3, C. 21.] 

At the Court at Kensington the ?>\^^ day of May 

1699. 

Present 

The King's Most Excellent Ma''^.^' in Councill. 

Upon reading this day at the Board the Petition of 
the Proprietors of the province of West New Jersey in 
America Humbly praying His Ma*?" to allow and Ap- 
prove of their Choice of Andrew Hamilton Esq'.*' to be 
Governor of the said province of West New Jersey. It 
Ordered by His Ma'.^ in Councill that it be Eeferr'd to 
the Lords Comm'".' of Trade and plantations to examine 
the matter of the said Petition, a Copy whereof is 
hereunto annexed, And to Report to this Board what 
They conceive fit to be done & thereupon. 

Edward Southwell 



^76 NEW JEKSE"t COLONIAL DOCUMENTS. [1699 



[Petition enclosed in the foregoing order.] 

To the Kings most ExcdV- Ma"^ 

The humble Petic'ou of the Proprietors of the 
Province of West New Jersey in Amejica. 

Sheweth 

That Andrew Hamilton Esq^ by appointment of yo' 
Pet'".^ having Executed the Oflfice of Governour of the 
province of West New Jersey in America for severall 
yeares past with great Fidelity and Eeputation Yo"'. 
Pet'.* at the General! Eequest of that people have againe 
Nominated him to be Governor of the same Province; 
as a person the most acceptable to the Comitry, and 
thereby most capable of serving the Crown both in 
Peace and Warr, — 

Yo"^ ' Pet" therefore doe most humbly beseech Yo^ 
Ma"*' to allow and approve of their Choice of the said 
Andrew Hamilton to be Governor of the said province 
of West New Jersey. 

And Yo' Pet'".^ (as in Duty 

bound) shall ever pray &,': 
John Moore Paul Docmini'que 

James BoDDiNGTON Rob: Michel 

Michael Watts John Bridges 

JosePH Brooksbanks Fran: Minshull 

A true Copy 

Edward Southwell 



1699] LETTER OF COL. QUAKY ABOUT PIRATES. 277 



Letter from Colo7iel Quary, Judge of the Admiralty 
in Pennsylvania, to the Lords of Trade, about 
Pirates. 

[From P. R. O. B. T., Proprieties, Vol. 3, C. 30.] 

L^'e from Coll Quary to y® Board, ab' Pirates ar- 
rived ill Pennsylvania &, other places.^ 

Right Hon'"' June 1^* 1099 

The Inclos'd is a Coppie of my last since w'^"' there is 
arrived into this Governm* about 60 Pirates in a Ship 
directly from Malligasco, they are part of Kids Gang 
about 20 of them have quitted y^ Ship & are Landed in 
this Go verm' about 16 more of them are Landed at 
Cape May in y*" Goverm' of West Jersey, the rest of 
them are still on board the Ship w"'*' lies at Anchor near 
y'' Cape of this Goverm*^ waiteing for Sloops from New^- 
Yorke to unload her. She is very rich Ship all hur 
Loading is rich East India Baile Goods to a very great 
valine, besides abundance of money y" Cap' of the Ship 
is one Shelly of New Yorke & the Ship belong to mer- 
chants of that place, the Goods are all purchased from 
the Pyrats at Malligasco which pernitious trade is y' 
w''' gives encouragem' to y*" Pirats to continue in 
those parts haveing a Market for all the Goods they 
Plunder & Robb in the Red Sea & severall other parts 
of East India; I had yerly notice of their arrival & went 
down the River. I quickly Seased two of these Pirats 
& Convey'd them safe to Burlington Goale in y' Prov- 
ince of West Jersey where they will be secure, had I 
brought them to this Goverm' I could not expect but 
that they would have been set at liberty as several of 

1 As recorded, this and the two succeeding letters are preceded by abstracts, in 
which, under different headings, designated by the letters of the alphabet, the sub- 
jects treated of are briefly pointed out. These abstracts it has not been thought 
necessary to print.— Ed. 



278 N'iiW JERSEY COLONIAL DOCUMENTS. [1699 

y' Pirats of Averys Crew ware; as soon as ever I had 
Lodged them two men m y"" Goale: I went in pursvite 
of two more of those Rogues & followed them so close 
y* I Lodged them in Philadelph' went Immediately to 
y'' Lief tenant Gover''. Markham. I gave his hon' a 
p'ticuler acco^ of these Pirates I told him how many 
was Lodged in this Government & that p'ticularly 
there was two of them in this Town w*"'' I would Ime- 
diately apprehend in case he would order y'^ Constables 
to assist me w"' he did & accordingly I went & seased 
them & Lodged them safe in the Goale, how Long 
they will be kept there I know not I likewise discovered 
their mony & Goods w'''' he hath taken into his hands. 
I did on belialf e of the Lds of the Admiralty desire that 
y'' Pirates Goods might be Lodged in the posession & 
Jurisdiction of ye Admiralty it being granted by the 
Crowne to ye Lord high Admiral of England, but he 
refus'd it, nor would he so much as let me take an 
acco^ of the money & Goods, though I secur'd both it 
& and the Pirats w^'^out any trouble of y*" Goverm*^ I 
tould him w^'' way all the rest of y*" Rogues might be 
Secur'd & w"' all proposed to him that if he would 
press one of the Vessells that then lay before the Town 
& raise me forty men I would Immediately Seize the 
Ship & bring hur & all in her up to y' Town or f orffit my 
life, but all I said would not prevaile w"' him, its a 
very miserable thing to live under a Go verm* Consist- 
ing of upwards of Seven thousand men capable to bear 
Arms where there is no Militia or any other means to 
defend the Kings Subjects or serve his Majestic let the 
occasion be never so great. I have sent express to y' 
Gover'.^ of Virginia & Maryland and also to all y" 
Gover'".' to the Northwards, the Gover': of the Jerseys is 
very ready & active On this occation he hath provided 
a Sloop & hath man'd &, fited hur very well & is now 
going to Cape May in order to secure the Pirats y' are 
landed there. I gcte Downe w"' him y'' next Tide part 



LETTER OE COL. QL'AKY ABOUT PIRATES. 279 

of the way, I hope to give yo"; Ldships a good acco*^ 
of what is don there in few days; I have in my hands 
2000 peeces of eight w'''' I took from the two first 
Pirates that I Seazed & Lodged in Burhngton Goale. 
I desir'd to know yo"^ Ldships ord"^ about it. I have 
been at Charge in hireing of Boats & Shallops & pay- 
ing y'" men in order to y" Seazeing the Pirats w"'' I hope 
to be reimburst out of the Effects in my hands, no 
man can serve yo'' L'dships so efectually in giveing y^ 
true aco* of the Piratts mony & Goods as my selfe so 
that if yo'' Ldships please to give me yo"" order of a 
Power He take care that there be no fraud or abuse so 
Don to those y* have y^ Right to y'' Piratts mony & 
Goods of all the Piratts y^ shall be Seazed in these 
Neighbouring Governm'*. I have so often troubl'd yo"" 
Ldships with Letters giveing an acco* of y"" Contempts 
& affronts y* are put upon his Majesty & his authority 
in this Goverm' & also of the Admiralty Comission in 
opposition to w"'' they have set up a Court of Admiral- 
ty of theirs, for y'' Seazeing trying Ships but haveing 
never Rec'' any order or direction from yo"" Ldships or 
y*" favour of a Line in answer I am not willing to 
trouble you more on y' Subject; only will take the 
freedom to mind y'" L'dships y* all y'' Gentlemen that 
are Concern'd for the Kings interest & Service in this 
Governm* are very uneasy not only upon the acco' of 
their being affronted & threaten'd by those in y' Gov- 
ernment, but to find there is no notice taken of their 
complaints in England w* Confirm's what y' Quakers 
here say of M"; Penns haveing so great an Intrest at 
Court y* no complaints can be heard against the 
Goverm* let them act never so Illegal or Extravigant 
as for my own part I am easy anough for should this 
place be allowed to be a free ^'ort I shall receive as 
much advantage in point of Trade as any man here but 
I doe assure yo' L'dsps this y* if some speedy Course 
be not taken it vyill be impossible to get men to serve 



280 IS^EW JERSEY COLONIAL DOCUMENTS. [1699 

the King here, especially in what relates to the Ad- 
miralty there being no Sallerys allowed to any of 
them. I have often Writt to yo' Ldships on this and 
severall other Subjects to w''^ I humbly begg the favo"^ 
of an answer w'^'' may be a Guide to me for the future 
& to render me the more Capable of his Majestie's 
Service & yo"^ L^'ships w'^'' is the earnest desire of 
Yo' Lordships most faithfful Serv" 

RoB^: Quary' 



From Colonel Quary to the Lords of Trade, about 
Pirates in Pemisylvania and elsewhere. 

[From P. R. O. B. T., Proprieties, Vol. 3, C 31.] 

L're from Coll Quary to y^ Board, ab* the arrival 
of Kidd &, other Pirates at Pennsylvania & 
other places. 

Philadelphia June G'.'' IG'JU. 
Right Hoyio"'' 

Since my writing the enclosed I have by the assist- 
ance of Coll Bass Gov!" of the Jerseys apprehended 4 
more of the pyrats at Cape May & might have w"' ease 
secured all the rest of them and the ship too, had this 
Governm* given mee the least ayde or Assistance, but 
they woucl not or soe much as issue out a Proclama- 



1 Robert Quary was Governor of South Carolina in 1684 and 1G90, and at one 
period, intervening, was Secretary of the Province. He afterwards was Judpre of 
the Admiralty in New York and Pennsj'lvania, and was a member of the council of 
five of the Colonies at the same time. From the character of his communications 
to the authorities in England, it is#vident that he was an emissary of the Govern- 
ment, charged with the duty of reporting the condition of the respective colonies he 
visited. While apparently honest in his aims, he was not always wise in his selec- 
tion of soiu-ces of information, and consequently was led sometimes to imbibe 
erroneous impressions respecting the action of individuals, leading to unexpected 
ditYiculties between the officials in England and their subordinates in the colonies. 
Quary died about 1712.— Ed. 



1699] LETTER FROM COL. QUARY ABOUT PIRATES. 281 

tion; but on the contrary the people of this Governm*^ 
have entertained the pyratts, convey'd them from place 
to place, furnished them w"' provision & liquors, & 
given them intelligence & sheltered them from justice: 
& now the greatest part of them are conveyed away in 
boats to rhoad Island, all those persons that I have em- 
ployed in searching for & apprehending these pyratts 
are abused and affronted & called Enemys of the 
Countrey, for disturbing and hindring honest men (as 
they are pleased to call the pyrats) from bringing their 
money & settling amongst them. Yo' Ld'pps were 
pleased to send to this Governm' a Copy of an Act 
formerly past in Jamaica relating to Pyrats & Priva- 
teers & all ayders & abetters of them w'''' yo' Ld'pps 
recommended to bee past into an act here, itt lay 
asleepe till about 3 weekes agoe, when they thought 
M": Penn might make good use of itt in England to abuse 
yo' Ld'pps w**" itt if possible, but I am sure when yo"" 
Ld'pps consid'g the act (a copy of w'^'' is herein inclosed) 
you will find itt all of a i^eice w'' their former Act, & to 
bee a true representation of themselves a f ayre shew out- 
wardly but nothing but fraud & deceit within And now 
w"' yo' Ld'pps favour I will make some remarks upon 
this meretorious act of theirs — 1'^ the Jamaica Act 
hath made itt felony for any of the Kings subjects in 
an hostile mamier to serve under any f orreigne j^rince 
ag* any other prince in Amity with his Majesty w"'out 
Lycence, but this Act of theirs hath made noe such 
provision tho' all the roguery that hath been com'itted 
by those Sort of men in the West Indies hath been 
under colour of forreign Comissions. 2'"'' — the Ja- 
maica Act makes all such to bee accessarys & confed- 
erates that 'shall knowingly entertaine harbour con- 
ceale trade or hold correspondence w"' any p'rson or 
p'rsons that shall bee deemed or adjudged to bee priva- 
teers or pyratts &c. but the Act of this Governm' hath 
taken care to leave out the word (deemed) soe that now 



282 NEW JERSEY COLONIAL DOCUMENTS. [1699 

by their construction of this Act the principall must 
bee first convict^ & judged before there can bee any 
accessarys, & that this is their true intent & meaning 
appears upon my complaining ag* a great number of 
men that have been confederates w"' these pyrats, all 
the answer I can have is, that they doe not know them 
to bee pyrats' till they are convict & judged such: Soe 
that all that soe very necessary a clause is by their 
act made ineffectuall. 3'-' by the Jamaica Act all 
com'ission officers are impowred upon notice of any 
privateers or pyrats that are in any place to raise & 
levy such a number of well armed men, as they shall 
think needf uU for the apprehending &c but the Act of 
this Governm* impowers the Justices Sheriffs & Con- 
stables to call to their Assistance such a number of 
men as they shall thinck needf ull &c but not one word 
of armed men or arms, if the Quaker Justices Sheriffs 
& Constables w*"" those of their friends whom they 
shall call to their Assistance can preach the pyrats into 
a submission to the Kings Authority, itt is well, if not 
they may goe about their business; As for Com'ission 
Officers they did very well to leave them out of their 
Act, since there is neither Militia nor one Com'ission 
Officer in the Governm*. 4'^' by the Jamaica Act in 
case the pyrats &c shall make resistance or refuse to 
yield obedience to his Majesty s Authority itt shall bo 
lawf ull to kill & destroy such p'rson and persons & all 
p'rsons that shall resist by fyring upon any of the 
com'anded party shall be adjudged as felons without 
benefit of Clergy, but all & every part of this soe neces- 
sary a clause is altogether left out of this Act made 
here. 5''' the Jamaica Act provides that in case any 
p'rson shall refuse to appeare att such placQ as shall bee 
appointed with his arms well fixed & amunition, & 
being there shall refuse to obey his Commission Officer 
such person shall bee lyable to such fines or corporall 
punishment as by a Regimentall Court Marshall shall 



1G99] LETTER FROM COL. QUARY ABOUT PIRATES. 283 

bee thought fitt, but by the Act of this Governni' there 
is noe care taken for their appearing w*'' armes or 
aniunition, & in case they refuse to appeare att all, they 
are only fined 5' '' w"'' they very well know will never 
bee recovered of any for that cause in their Courts. 
6''' They have by their act taken care to impower the 
persons that they doe associate w"* the Judge of the 
Admiralty; but have made no provision to impower 
him; Soe that if hee hath noe power to try pyracy with- 
out their act, that gives him none & my Com'ission" 
from L'ds of the Admiralty gives mee no such power: 
but may it please your Ld'pps that w"'' most sticks w"' 
mee is, how I can w"' safety according to Law con- 
science or reason sitt & judge the lives of the King's sub- 
jects when all the Judges in the Com'ission & on the 
bench besides my self e are men that will not take the 
Oaths of Allegiance &c to his Maj*-' or take the Oath of a 
Judge to give judgment indifferently betwixt the King 
& his subjects, or how can I give judgment for takeing 
the life of a Subject on the verdict of a jury not sworne, 
or on the Evidence of witnesses not sworne & this is 
what hath been practiced here. I am sure noe man 
liveing is more zealous to serve his Majesty in all 
things w"'in my power, but I hope yo' Ld'pps will ex- 
cuse mee if I joyne not w*'' them in this arbitrary 
illegal & arbitrary wa,}^ of judging mens lives. I hope 
yo"" Ld'ps will give some speedy orders & directions in 
this matter either by sending a Com'ission under the 
great Seale or by ordring the pyrats to bee sent for 
England (w'"' in my opinion will bee much the better 
& easier way) for those 2 Pyrats that are in the Goale 
of this Governm* must bee tryed by this defective law 
or not at all & by judges & jurys not qualify ed for the 
other 6 that are in the Goale of the West Jerseys they 
cannot bee tryed there, being noe Act of that nature 
past there as yett. I will trouble yo?' Ld'ps noe further 
w'' a Com'ent on that false deceiptfull Act, w''' serves 



284 NEW JEKSEY COLONIAL DOCUMENTS. [1699 

their turne well enough to make a noyse & if possible 
to abuse his Majesty, they have now sent itt home in 
great tryumph to M' Penn, who knows how to make 
use of itt to serve his ends; thegenerallity of .the people 
here that are not of the Government exclaimed ag* 
them, to see them pass an Act but 3 weekes agoe & 
now that there is soe good an occasion offered to putt 
itt in execution that they will take noe notice of itt, 
but act quite contrary to itt. I am confident yo"" 
Ld'pps will never find them act here in anything re- 
lating to the Kings interest but after this false deceit- 
full rate I am sure it will be impossible for them to 
impose on yo'' Ld'pps wisdom, whatever they may 
fancy, and wee are not out of hopes, since that the 
wisedom of the Parliament hath not thought fitt to 
qualifye or permitt Quakers to give Evidence in any 
criminall cause, or come on any jurys, or beare any 
office or place of profitt in y*" Government they will in 
their due time extend their Charity & consider the Un- 
happy circumstances of this place, & make the like 
provisions for Us Especially if recomended to them by 
yo' Lordships 

I am Yor Lordships 

Most Obedient and most humble 
Serv*^ 

EOBT QUARY 

Since my writting this Capt" Kidd is come into this 
Bay hee hath beene here aboute ten dayes hee sends his 
boats ashore to the Hore Kills in this Governm' where 
he is supplyed with what hee wants & the People f re - 
quently goe on board him hee is in a Sloope with about 
40 men with a vast treasure I hope the express w''' I 
sent to his Excll^' Governo'" Nicholson will be time 
enough to send aboute the man of Warr to come up 
with Kidd, the messenger I sent to the Governi' of 
Maryland came very seasonable, hee hath secured some 



1G99] LETTER FROM COL. QUARY ABOUT PIRATES. 285 

of the Pyrats and is in search of the rest. Cap*" Shelley 
that brought all these Pyrats from Madegascar after 
hee had Landed and Secured all the Goods & mon'y, 
run the Shipe ashore neere New Yorke and then the 
merchants conserned went to the Governor and In- 
formed against theire Shipe. the Pyrats that I 
brought to this Governm' have the Liberty to confine 
themselves to a taverne w'^'' is what I expected, the six 
other Pyrats that are in the Governm* of West Jersey 
are at Liberty, for the Quakers there will not suffer 
the Governor to send them to Goale. Thus his Maj*^ 
may expect to be obeyed in all Places where the Gov- 
ern* is in Quakers hands I hope yo"^ Lordship will send 
some Speedy orders in this & other consernes w'*' I 
have at Large represented to yo' Lordship. 

Abstract of y*" Pennsylvania Act against Pirates &c. 
All Piracies &c. committed upon y" Sea within y". 
Adm' 's Jurisdiction, shall be tryed in y" Province as if 
they had been committed on Land. 

Three Com'" shall be authorized by y" Gov' & Comicil 
to Assist ye Judge of ye Adm'^ appointed in Engl!' for 
whose absence y^ Gov"^ &. Council shall appoint one from 
time to time, which shall have ye same power as is 
allowed to any in Engl:' by y*^ 28"^ of H. y« 8. 

The Offenders shall be liable to such process &c. as if 
they were proceeded ag^.* in Engl'' 

All who shall abet & correspond &c with such as 
shall be judged Pirates within y'' Construction of this 
Act & not readily endeavour to apprehend them &c. 
shall be esteemed Accessories &c. and suffer as in such 
case is provided. 

All Justices, Sherrifs &c upon notice of any pirates 
being within their Precincts, shall take such a number 
of men as they think needfull for y'" seizing cV: commit- 
ting them. 

Who ever refuses Assistance shall forfeit 5"' Eveiy 
officer neglecting his duty shall forfeit 20"' for every 
offence. 



286 NEW JERSEY COLONIAL DOCUMENTS. [1G99 



From Governor^ Basse to Secretary Popple, about 
Pirates and Illegal Traders. 

[From P. R. O. B. T., Pi-oprieties. C 29, Vol. 3.] 

L're from W. Basse Gov': of y® Jerseys al/. Pirates 
and Illegal Traders. 

Sr Burlington Y^ 9^!' June 1G99 

I Rece'd yours dated some time in August last but 
not beinge v^ith my papers Remember not the perticu- 
lar date. I am sorry I have received no directions 
from your honorable board about the tw^o pirates by 
me secured in East Jersie, but afterw^ards bayled by 
his Excellencie the Earl of Bellomont whose confes- 
sions with the inventory of their estates were boath 
transmitted you by severall Conveyances many months 
since they boath belonged to Auery & one of them I 
find to be principaly concerned in some of the horidest 
vilanies that those pirates ware Guilty of. 

I am now to acquaint you that on the 29".' of May 
last Capt Shelly in a Ship called the Nassau that aboutt 
some months since went out from New Yorke for the 
Island of S* Laurance arived at Cape May in this Gov- 
ernment & that eveninge put on board of one Graven- 
rate [?] a Sloope belongeinge to New Yorke eight pirates 
that haveinge committed severall hostilitys in the 
Indias and made their Voyage returned in him. he also 
lande [landed?] at Cape May fourteene Men passengers 
from the aforesaide Island eight of Which with their 
effects escaped away before I obtained any notis of 
their arivall which was not until the 1^} Instant & 
then haveinge an ace of their endeavors to escape by a 
Letter from Col Quary Judge of the Admiralty I Im- 
mediately manned out a Sloope & in person went 



1G99J GOVEEKOR BASSE RELATING TO PIRATES. 287 

downe to Cape May tooke four of the persons suspected 
of pyracie who confest that have been on the Coast of 
India & have taken severall prises theare two more of 
them ware taken with their efects on the Eiver and 
• are now committed to the Jaile of Burhngton in their 
Chestes are about seaven thousand eight hundred Rix 
dollars & Venetians, about thirty pound of melted Sil- 
ver a parcell of Arabian & Christian Gold, some neck- 
lases of Amber & Corrall sundry peaces of India silkes 
which are all secured untill some course be taken with 
the prisoners. What the other four may be possessed of 
I cannot yet inf orme you they not beinge arived at Bur- 
lington but shall transmit boath their examinations & 
inventorys to You p*: the first opertunity I find by them 
that theare are some hundreads of men On the Island 
of S'^ Laurance that haveinge by Robery gained consid- 
erable sums are now desireous of Returninge to spend 
their ill gotten goods. Since the Arival of SheUy I am 
credibly informed Capt Kid in a large sloope with 
about sixty hands hath been scene & spoake with 
betwixt the two Capes of Delaware I had a sight of the 
sloope when I was downe but found he sayled to swift 
for me to speake with otherwise should have ventured 
to have Reduced him to submision but indeed I can- 
not but complaine that I am too much discoraged & 
Chequed in my zeale for the Common good & his 
Majestys servis in that I have nothinge beyond a Pro- 
prietory Commission to support me & even them 
persons semeinge to desert me for no other reason 
alledged that ear I could yet hear of then those that 
are but of so many instances of my faithfulness to the 
interest of the crowne Viz^ My discountenanceinge 
the Scoch & pirates in their illegall trades. 

On our Assembly in East Jersie we passed the act 
CaUed the Jamaica Act against Privaters & Pyrates 
the pest & bane of trade against whom no lawes can 
be to severe Which I shall also take care shall be dili- 



288 NEW JERSEY COLOKIAL DOCUMENTS. [1699 

gently put into execution. It met with no meane 
oposition from the Scotch Gentlemen who amongst us 
are growne to a very great hight from the prospect of 
a Gentleman of their own Nations filleinge the seat of 
Government in these provinces by his Majestyes apro- 
bation & and the succes that their Countrymen meet 
withall in their settlement of the Island Gorda or 
Golden Island called by them by the name of Caledonia 
I cannot see but that the English interest & trade 
must of nessecity fall if some spedy course be not taken 
for their spopeinge [?] of their Groatli the principail 
traders in East West Jersie & Pensilvania are Scotch 
who some of them have publiquely asserted that his 
Majesty dare not interrupt them in their settlement of 
Golden Island least It should make a breach betwixt 
the two nations publiquely (contrary to a Proclamation 
set out by express order from his Majesty holdeinge cor- 
respondence with them incorageinge the Inhabitants 
of these Colonies to goe thither boath to trade & settle 
on the proposals made them by the Councill of those 
now resideinge in Calidonia I cannot but beg of you to 
give your selfe the liberty of thinkemge whaether 
these things give not some grounds to fear that in time 
the evill may be so universall to be esily remedied the 
trade of England to these Colonies Wholy discour- 
aged & that of the Scoch nation advanced. If the 
sweates of profit be once tasted by our Inhabitants by 
giveinge the least encoragement to this trade it will 
Not be suppressed without extraordinary expense & 
diligence And I cannot but offer itt as my humble 
opinion that no way will prove more effectuall then a 
totall exclusion of them from any share in the govern- 
ment of these plantations I cannot but begg your 
pardon for my teadousness & Remaine 
S'.- 
Your most faithfuU serv" 

J. Basse 



1699] LETTER FKOM GILES SHELLEY ON ILLEGAL TRADING. 289 

The enclosed letter comeing accidentally into my 
hands I thought it might no unservisable to send you 
a Copy of itt: that you might see what trade is caried 
on att New Yorke. 

Idem J. Basse 

To W¥ Popple Esq*? 



[Enclosed in the foregoing,] 

To M^ Delancie or in his absens to 

M^: John Barbarie Mech*.*^ [Merchant^] 

In New Yorke 

M": Delancy &1 Cape May: May 27'!' 1699 

S-; 

I am just now come to Anchor at Cape May: Since 
I left you to Cape Bon-Esperance, from thence I went 
to S' Maries on Madicascar: There I sold yo' goods for 
17 Bales of Muslin fine & Course; and 24 Bales of 
White Callicues: one Ton of Elephants Teeth: about 2 
or 3 hundred w' of Opium; 1 Bale painted Callicues &*" 
Which goods I have now on Board, Sometime after- 
ward I took on board 75 Passengers: And went to Port 
Dolphin, there 24 went a shore: I victualed y" Shyip 
and bought a few negroes: &, some Pigs of tooth & 
Egg:' from thence I went to Cyan and Landed 22 Pas- 
sengers : The remainder are now on board : and most 
of them designe for Virginia: & the HorekiUs with 
Andrew Graverard who is here with us, I have for 
their Passages vz*^ about Twelve thousand peices of 
Eight: and about Three Thousand Lyon Dollars: I 
heare M' Godf ray is not here by M"; Graverard and that 



iTusenay: a metal. 

20 



290 ]SrEW JERSEY COLONIAL DOCUMENTS. [1699 

there is no Man of Warr at New York: and expect to 
meet no Letter here from you, which if I do shall 
follow yo' order, otherwise designe to come to Sandy 
Hook, where I shall expect your diligence & Care for 
y^ securing the Goods vz': My Carpenter, The Taylor 
& one man more is dead: Tho: Pringle & 3 men more 
left me at Madigascar; If you think fitt you may 
acquaint my Wife of my Arrivall, for I have not writt 
to her. Edward Burkmaster is on board here. Cap*^ 
Burges Arrived at S^ Maries that day I saild from 
thence hath sold his goods very well. No other Vessell 
Arrived whilst I was there: I have but 23 Negroes on 
board for Acco*^ of y*" Owners. Each Bale of Musline 
One with y'' other, I bought for 100 p*'.' in a Bale. The 
Callicue for 120 p^?* in a Bale. I desire you to send by 
y'' Bearer to me to Cape May. If I should be stopt by 
Contrary Winds here, Otherwise shall be very soon at 
Sandy Hooke Our Shyip is very fowle & Leaky. 
Make what dispatch you can for fear some of my pas- 
sengers should discover us. I have hindred M': 
Graverard on his Voyage to Virginia to Pylott us in 
here. It being a dangerous place & verry foggy rainy 
weather, for which I must pay him. I think it need- 
lesse to Enlarge any more at p''sent, But wish all was 
safe a Shore, Then doubt not but y'' voyage would 
prove to content, which hath been y*' utmost care of 
S": Yo'i Humble Servant 
Giles Shelley' 
A true Copie 
J. Basse 



1 The Lords of Trade, in transmitting a copy of this letter to the Lords Justices, 
under date of Aug. 10th, commenting upon its contents, observe:— " The foresaid 
Shelley is one of the four former-mentioned ships fitted out from New York in June, 
1698, and his cargo outwards, according to an extract of the Books of Entries there, 
transmitted to us by the Earl of Bellomont, seems to be but of very small and in- 
considerable value; but the returns mentioned in the same letter, and especially 
the freight for twenty -nine men (which seems to be the number brought by him to 
America, after the landing of forty -six others in India) viz.: 12,000 pieces of 
Eight, and 3,000 Lion dollars for their passage, are exceeding great, and must needes 



1699] LETTEE FKOM COLLECTOR GOODMAN. 291 



From Collector Goodman at Perth Amboy, to the 
Commissioners of the Customs; Goods seized by 
him had been rescued by armed men. 

[From p. R. O. B. T. Proprieties Vol. 4, D. 15.] 

Perth Amboy: June 27^" 1699 
May it Please your Hon^? 

In mine to Yonr hon'".* the 10*^.'' of December I gave 
Your hon'.* an Account of the Carrying away of the 
Ship hester to York and the generall discouragement 
Wee have mett with here (Since that Time) in matter 
of Trade; I am now to inform Your hon'".^ That the 
Ship Nassaw Capt Shelly Commander lately come from 
Madagascar, & since run a ground on Long Island 
Shoare near York, Landed some goods in this Province 
of which having Inf ormac'on Saturday the 24*!! Instant 
I went and obtained a Warrant from a Justice of Peace 
and took with me a Constable in Order to search the 
house where the goods lay in the Town of Woodbridge 
The Master of the house abused the Constable & 
denyed my Authority & refused to lett the Constable 
break open the Door to search, which he would not 
suffer him to do. I immediately gott a Warrant from 



be computed in the whole to be of many thousand pounds, Which evidently proves 
the nature of that trade hi which such exorbitant advantages are made. ' 

"That Captain Burgess named in the said letter is another of the four fore- 
mentioned ships." " That Mr. Stephen Delancy, to whom the said letter is directed, 
is one of the merchants concerned in the Ship Fortune. Capt. Thos. Morton, 
Commander, mentioned in our foresaid Representation, as seized by the Earl of 
Bellomont with great difficulty, for the like illegal trade, after that the greatest 
part of her cargo had been privately conveyed away and so appears to be a person 
used to those practices." [They notice also the receipt of the two foregoing letters 
from Colonel Quary and comment upon them and say] "were also informed by 
the said Colonel Quary that there is no act in force in West New Jersey by which 
those seized in that Province can be tryed and punished there. We humbly offer 
unto your Excellencies that all the pirates which have been seized or may be seized 
in Pennsylvania and West New Jersey be sent hither, together with the evidences 
upon which they have been seized, and which may be of any use for their convic- 
tion here, that so they may be tryed and punished according to law." New York 
Col. Docts. rv., pp 542-544— Ed 



292 NEW JERSEY COLONIAL DOCUMENTS. [1699 

the same Justice to secure the Master of the house 
Mathew Moore but he refused to go before the Justice, 
to answer his Contempt neither could I persuade the 
Constable he had power to break open the Door, till I 
had obtained a third warrant for that purpose, and till 
the Justices of Peace came themselves to see it done, 
where I found and seized twelve small Bales or Baggs 
of Calicoes and Muslins and secured them in a Chamber 
in the house of M!' Richard Powell att Woodbridge 
and lay there in the same Chamber and sent to Amboy 
for a Waggon to carry them away, which came Early 
Monday Morning. People being so precise here that 
they will upon no Consideration suffer a Waggon to 
Travell on the Sabboth day. On Monday about one or 
two in the Morning, The house & Chamber where I 
lay was broke open by about Twenty persons disguised 
armed with Clubs, Pallizadoes & other Weapons of a 
prodigious biggness, myself threatned my Life, and 
the goods forcibly carried away; I have not neglected 
to make all possible Search & Inquiry, but to no pur- 
pose, for the people here are all Lawless & have no 
respect to Government or the Kings Authority but 
publickly affront the Magistrates, & those wiio en- 
deavour to Execute the Law. 

I must further informe Your Hon':^ that no Officer 
can act here without immediate power from Your Hon? 
& it is arrived to that pass. That Wee cannot have a 
Constable or other Officer to assist in anything for his 
Ma! Service; all or the greatest part of the people do 
not think themselves oblidged to obey Our Gov.'' (he as 
they say) not having the Kings Approbac'on though 
the Councill shewed me a Letter directed to them from 
the Proprietors, wherein they asserted that they had 
presented him to his Ma^^ and that he was accordingly 
approved of, and look upon me as sent without power 
to abuse them. The Extent of this Province is great, & 
it is not in the power of one Officer to manage the 



1699] LETTER JFROM COLLECTOR GOODMAN". ^93 

whole business, when prohibited goods are Landed att 
severall places att one time near forty miles asunder, 
and the people joyne together to conceal them. 

Those who have rescued the Goods shall not faile of 
a due prosecution. 

Your Hon!!! may understand by the List herewith 
sent how small the Trade is, occasioned meerly by the 
Disputes and Uncertaintys ab* our port. 

Some Ships are dayly expected from Madagascar 
and I have settled the best Intelligence possible against 
their Arrivall and had I sufficient Power & Authority 
from Your Honours, I could Act with more safety, 
and Command that Assistance which is now denyed 
me. They looking upon a Deputac'on from the Surv' 
Generall (and upon himself) to signif ye nothing in the 
meantime I shall pursue my duty, and do all things 
which by my Office are required from me for his Ma'® 
Interest, and towards the Discovery of illegaU Trade 
now very rise [ripe ?] in these Parts. The want of a Cus- 
tom house here is of great disadvantage and if wee are 
a Port it will be necessary to have one, otherwise noth- 
ing can be secured from the bold Attempts of those 
People who contemn and bid Defiance to Authority 
and do not stick to break open the Goale and rescue 
the Offenders from thence (as they have lately done) 
att their Pleasure All w2!' is most humbly submitted to 
Your Hon"^* by 

Your honours most humble Servant 
Charles Goodman' 

As to the Magistrates. They have been very ready 
and willing to assist me, but some late Disturbances 
have made the People regardless of all Law and 
Authority. 



i;iReferred by the Commissioners of the Customs Aug. 2Ist, 1699, to the Lords of the 
Treasury and by them to the Kings Council, who, on Oct. 2;W, referred it back to the 
Lords of Trade for examination and report.— Ed. 



^94 keW Jersey colokIal DOcuMEisTTS. [1699 

Memorial of the Proprietors of East Jersey to the 
Lords of Trade, relative to a surrender of their 
Government. 

[From Grants and Concessions, p 588.] 

To the Right Honourable the Lords of the Council 
of Trade and Foreign Plantations. 

The Memorial of the Proprietors of the Province of 
East Neiv-Jersey, in America. 

The Proprietors having in all their Applications to 
this Honourable Board, shewed an Aversion to have any 
Controversy with his Majesty, as by their several Ex- 
pedients in their Memorials laid before your Lordships 
may appear; and considering how often the near 
Neighflorhood of East -Jersey to New- York, (the most 
important Frontier belonging to the Crown of England 
in North- America) has been urged upon them, to in- 
duce them to a Resignation of their Government; they 
do hereby declare themselves ready to surrender the 
same to his Majesty; altho' the Government was the 
chief est Motive of purchasing the said Province, which 
they did by the Opinion and advice of eminent Council 
learned in the Law, upon the Credit of which and the 
Confirmation by King Charles the Second, of the 
Title to the Grantees, their Heirs and Assigns, as abso- 
lute Proprietors and Governor's, (as by his Proclama- 
tion hereunto annexed does appear) they have buried 
great part of their Estates in building and planting the 
Country, and at their own Expense maintained the 
Government for many Years past, as well before his 
Majesty's happy Accession to the Crown as ever since, 
and have not received any returns whatsoever for all 
their Labour and Cost to this Day. In Consideration 
of the Premisses the Proprietors do with humble Con- 
fidence rely on his Majesty's Justice and Goodness to 
confirm to the Proprietors and Planters respectively, 



1699] E. J. PROPRIETORS PROPOSE A SURRENDER. 296 

the following Rights and Privileges, to render them (at 
least) as easy under his Majesty's Government, as 
when under the Proprietors, tovs^ard which they pre- 
sume to enumerate the following Particulars, viz. : 

I. That his Majesty will be graciously pleased to 
confirm to them the Soil and Lands of the said Prov- 
ince and the Quit -rents reserved upon the Grants made 
or to be made to any Planters or others. 

II. That upon the Annexation of the Government 
of the said Province to that of New York, the Port of 
Perth Amboy, may be established for entering Ships 
and Importing goods there, and Exporting goods from 
thence, without being obliged to enter their Ships at 
any other Place, paying the same or like Custom to 
his Majesty as are or shall from Time to Time be pay- 
able at Neiu- York. 

III. To have free Liberty to Trade with any Indians 
or other Inhabitants of America, without Interruption, 
and the Proprietors to have the sole Privilege (as 
always hath been practiced) of purchasing from the 
Indians, all such Lands lying within East Jersey, as 
yet remain unpurchased from them. 

IV. All necessary officers and Courts of Justice for 
Administration of Justice, in Cases Criminal and 
Civil, to be appointed and held in East Jersey, in the 
same manner as is practised within the Government of 
of New- York, and that the Inhabitants may not be 
obliged to go to New- York or be impleaded there for 
any criminal or civil matter arising within E'cis^Jers^z/ 
nor be compelled to serve upon Juries o r in any minis- 
terial office within the Province of New- York. 

V. That a Superior Court be held twice a year at 
Perth- Amboy, before whom Writs of Error or Appeals 
(in the Nature of Writs of Error) from other Courts 
within the Province may be brought and determined. 

VI. That the publick Register and all Records relat- 
ing to the said Province may be kept at Perth- Amboy, 
and not removed to any other Place; and that the Con- 



296 NEW JEKSEY COLONIAL DOCUMENTS. [1699 

stituting of the Secretary and Register and the Sur- 
veyor General of the said Province of East New- Jersey, 
remain in the Proprietors. 

VII. That the same Number of Counties be con- 
tinued in East- Jersey, as there are at present, and by 
the same Names, and that each County in East- Jersey 
may choose and send as many Representatives to the 
General Assembly to be held for New- York and East- 
Jersey, as are or shall be chosen by any County in 
New- York, and if any more Counties shall be here 
after created or appointed in New- York, as many may 
be created and appointed in East- Jersey. 

VII. That a Proportionable Number of the Inhabi 
tants of East- Jersey, may be appointed to be of the 
Governor's Council at all General Assembly's and to 
have Votes therein. 

IX. That the Twenty four Proprietors may be Lords 
of the Soil, and hold Courts for the Lands in the Pro- 
prietyships, and appoint all Officers that relate there- 
unto. 

X. No Person or Persons whatsoever to be molested 
or deprived of any civil Right or Privilege, or rendered 
uncapable of holding any Office or Employment in the 
Government because of their religious Principles, the 
Province being planted by Protestant People of divers 
Perswasions, to whom that Liberty was an original 
Encouragement. 

XL That all Wills of Persons dying within East- 
Jersey, and Letters of Administration of Estates lying- 
there, may be made and granted by the chief Judge of 
East-Jersey for the Time being, who is to reside 
there, and a Register thereof kept at Perth- Amboy. 

XII. That the Proprietors still have their Power 
continued to grant Markets and Fairs in the said 
Province. 

XIII. Lastly, All Lands, Goods and Chatties of 
Traitors, Felons, Felons of themselves, Deodands, Fu- 
gitives, Persons outlawed and put in exigent. Waifs, 



1699] PROCLAMATIOlir AGAINST CERTAIN SHIPS. ^91 

Estrays, Treasure Trove, Mines and Minerals, Royal 
Mines, Wrecks, Eoyal Fish, that shall be forfeited, 
found or taken within East- Jersey, only the Inhabi- 
tants thereof, within the Seas adjacent, to remain to 
the Proprietors, with all other Privileges and Advan- 
tages, as amply as in the Grant and Confirmation to 
them of the Fourteenth of March 1682. 
■ And because many of the Proprietors of East- Jersey, 
are also Proprietors of West-Jersey 

It is humbly desired that Colonel Andreiv Hamilton 
may be despatched by this Board to the Government 
of West- Jersey, his presence being much wanted there, 
for the Convenience of his Majesty's Subjects in that 
Province. 

Signed by Order and on behalf of the Proprietors 

W™ DOCKWRA 

[July 5*" 1099] Secretary and Register 



Proclamation of Governor Jeremiah Basse against 
certain Ships from Scotland. 

[From E. J. Records, Liber. C, Commissions, pa^e 393.] 

A Proclamation. 

The Governour & Proprietors of the Province 
OF East New Jersey to all His Majesties Justices of 
the Peace, Sheriffs & Constables & all other Officers, 
Civill & Military, & all other his Majestie's Subjects 
Inhabiting within the said Province Sends Greeting. 
Whereas, His Most Excellent Majesty hath received 
advice that Severall Ships of force fitted out of Scot- 
land are designed to settle themselves in some parts of 
America and Least the same should derogate from the 
Treaties His Majesty hath Entred into with the Crown 
of Spain or be otherways prejudiciall to any of his 
Majesties Colonies in America His Ma'ty hath been 



298 NEW JERSEY COLONIAL DOCUMENTS. [lG99 

pleased to Signify his Royal Will & Pleasure unto us 
that we strictly forbid all his Majesties Subjects & 
others Inhabiting within our said Province that they 
forbear holding any Correspondence with or giving any 
assistance to any of the said persons while they are 
Engaged in the said Enterprise and that no provisions 
Armes Amunitions or other Necessaries whatsoever be 
Carried to them from hence nor be permitted to be 
Carried either in their own Vessels or any other Ships 
or vessels for their use These are therefore in pursu- 
ance of his Majesty's said Royal Will & Pleasure 
Strictly to Charge & Command all & every his said 
Majesty's Subjects & all others Inhabiting within this 
Province that they forbear holding any Correspondence 
with or giving any assistance to such person or persons 
who have been fitted out of Scotland with design to 
settle themselves in such j)arts of America or who are 
or shall be setled in any such parts of America as 
afores'J & that no Provisions Armes Amunitions or 
other Necessaries whatsoever be Carried to them Either 
in their own Vessells or any other Ships or Vessells for 
their Use from this Province or any part thereof under 
such Paines Penalties & forfeitures as by Law in such 
Case are provided & all his Majesty's Subjects and all 
other person or persons whatsoever Inhabiting within 
this Province are hereby required & Commanded to 
take Notice hereof & to Observe his Majesty's Royal 
Will and pleasure aforesaid in all & every the premisses 
as they will answer the Contrary at their Perill, 
Given under the Pubhck Seale of the said Province 
this first day of August in the Eleventh year of the 
Reign of our Sovereign Lord William the third King 
of England Scotland Fiance & Ireland Defender of 

the Faith &•: Annoq. Dom. 1699 

^, . ,^_ 

Jere. Basse ) p q I 



1699J AND. HAMILTON APPOINTED AOENT FOB W. JEHSEY. 299 



Commission to Andreiv Hamilton to he the Agent of 
the West Jersey Society. 

[From E. J. Records in the Secretary of State's Office, at Trenton.] 

Col! And: Hamilton's Commission of Agency for the 

Society. 

S"; John Moore S^ Thomas Lane Knights Aldermen 
of the City of London and the rest of the Committee 
for y* West New Jersey Company. 

To Colonel Andreiv Hamilton, Greeting. 
*' ' >* We being well satisfied of y^ Pru- 
dence and Ability and reposing a Special 
Seal [Trust and Confidence in the fidelity of 
I W.J. Company | you the s** CoU? A'drew Hamilton have 
} j noninated constituted & appointed and 

*' , '* by these presents do Nominate Con- 
stitute and appoint you to be our Agent & ffactor 
Greneral in West New Jersey af ores*^ to sell and buy all 
such Goods & Merchandize as we shall consigne to you 
or from time to time direct you to buy for us Also for 
us & our Name to call to acco* Nathaniel Westland 
Jeremiah Basse & all others that have any Effects 
Belonging to our Society in their hands And to demand 
recover and receive y* s'' Effects from them, either or 
any of them, Likewise to G-ett Sett or Sell our Lands 
or any part thereof to such Person or Persons and for 
such su'me or su'mes of money as you shall deem most 
for our advantage And to that End to make and Exe- 
cute or cause to be made and executed all necessary 
deeds & Writings such as the Case & Custom of y^ 
Country shall require And to demand recover and re- 
ceive the Eents Issues & Profitts of such Lands of ours 
as you shall Sett And the considerac'on money that 



300 NEW JERSEY COLOXIAL DOCUMENTS. [1699 

shall be due & payable upon any Sale, and to Com- 
promise Compound Conclude & agree with in all or any 
our Concerns in West New Jersey afores'' as Occasion 
shall require and you shall think fitt, Upon Recovereis 
& Reciepts Compositions & agreem*' to make & give 
due & Sufficient Acquittances & discharges And to act 
observe & do to y'' best of you' Power for ye greatest 
advantage of our Society All such other matters & 
things as are or shall be cominitted to yo"" Care & 
Managemen* or that do concern yo"" Employm- as 
afores'f applying you'' best Endeavours thereunto And 
we do hereby command & require all our Servants in 
West New Jersey afores*? to Submitt & yield due Obe- 
dience to you the s" Coll! Andrew Hamilton our Agent 
& ffactor General accordingly And you are to observe 
& follow all such Orders & directions as you have al- 
ready had or hereafter from time to time shall receive 
from us, or any five or more of us And we do hereby 
revoake make void & of no Effect the Commission or 
Power formerly granted to ye Nathaniel Westland 
Jeremiah Basse & Thomas Revell or any of them de- 
claring the same to be henceforth of no value but that 
this present Commission shall in all things take place 
and be of full force In Wittness whereof We have 
hereunto caused our common Seal to be affixed this 
19*.'' day of August Anno Dni 1699 
Tho. LaneE. Richier, John bridges, Michael Watts, 

John Moore, John Wilcocks, Robert Michel, 

Obadiah Burnett. 



099] AND. HAMILTON APi'OINTED GOV. OF W. JJillSEY. 301 



Commission of Andrew Hamilton to he Governor of 
West Jersey. 

[From E. J. Kecords in Secretary of States oflace Trenton.] 

To our Trusty & Wellbeloved ffriend Coll: 
Andrew Hamilton, 

Greeting: 

According to ye Power & Authority residing in us 
of Constituting the Gov''no' & Commander in Chiefe 
of the Province of West New Jersey in America, hav- 
ing great Confidence in the Ability Prudence ct Integ- 
rity of you the said Andrew Hamilton Have Nominated 
Constituted & appointed & doe hereby Nominate Con- 
stitute & appoint you GoVno"" & Commander in Chiefe 
of the said Province Giving you full power & authority 
to Govern ye same. Together with all Isles, Islands, 
Rivers & Seas within the same or thereunto belonging 
according to the Lawes & Constitutions of the said 
Province not repugnant to the Lawes of England, and 
to doe all & every thing & things which to the Charge 
& office of a Gov'no' & Comand' in Chiefe doth apper- 
tain: Commanding all Inferio'' officers both Civil &; mili- 
tary to obey you ye said Andrew Hamilton as GoVno' 
& Com 'and' in Chiefe of ye said Province according to 
this our Com'ission & the powers hereby given unto 
you for the Space or Terme of one whole yeare from 
the date of these p'sents & so long after untill some 
other Person be Nominated & Constituted Gov'^no'' in 
yo' roome by another Com'ission sent from London & 
arrived in the said .Province &. there published on 
which this p'sent Com'ission is to be voyd. And fur- 
ther we doe hereby give power unto you the said 
Andrew Hamilton to Nominate Constitute <Sz appoint 
by Com'ission under your hand & Seale of ye Province 



303 



NEW JERSEY COLONIAL DOCUMENTS. 



[1699 



a Deputy Gov'no' under you to serve in the said Prov 
ince during yo'^ necessary absence & no longer. Given in 
London under our hands and the PubUck Scale of the 
Province of West New Jersey this Nineteenth day of 
August Anno Dom: 1699 And in the Eleaventh yeare 
of the Reign of our Sov'eigne Lord William the Third 
by ye Grace of God King of England Scotland ffrance 
& Ireland defend' of the ffaith &c. 



Rob: Michel, John Moore, Tho; 
Lane, Obadiah Burnett, E; 
RiCHiER, James Boddington, 
John Bridges, Joseph Brooks- 
bank, Michael Watts. 




Lords of Trade to the Earl of Bellomorit on Neiv 
Jersey Matters. 

[From New York Col. Docts., Vol. Vf, p. 546.1 

To the Riirlit Honourable the Earl of Bellomoiit 
Captain Generall <fe Governor in Clieif &c. Or 
to the Commander in Cheif of Majesty's Prov- 
ince of New Yorke, for the time being. 

My Lord [Extract.] 

* * * * We told you in our letter of the 5th of 
January last the reason of our suspending awhile any 
report about the Propietors of East New Jersey's pre- 
tended right to a port at Perth Amboy; and shall now 
explain to you a little more fully how that matter 
stands. The Proprietors of that Province thinking it 
seems they might have some advantage by complain- 



1699] LORDSOFTRADETOEARL^OFBELLOMONT ABOUT W. J. 303 

ing of your Lordship's seizure of the Ship Hester, peti- 
tioned his Majesty upon that subject, which petition 
of theirs being read in Council of the 9'*^ of March last 
was by his Majesty referred unto our consideration; 
and we therefore send you here enclosed a copy of it 
with the Order of Council thereupon. Whilst we had 
that matter under consideration, those Proprietors laid 
before us also other memorials in which they offered 
some conditions, in order to compromise the dispute; 
but such as we did no ways think it for his Majesty's 
service to accept of. And therefore upon the 18*'' of 
April last we laid before his Majesty another Represen- 
tation upon that subject. By that you will perceive 
the use we made of their proposal of a tryal about the 
Port of Perth Amboy, by bringing their right of gov- 
ermnent in to the same question: a matter in which 
they are very tender, as being sensible of the weakness 
of then- title. And we therefore thought it best to 
joyn both together. Thereupon after long delays and 
after haveing in vain indeavoured in the name of the 
Proprietors of West New Jersey (who are for the most 
part the same persons) to draw us into a snare by de- 
smng our opinions for the approbation of M!" Hamilton 
to be Governor of West New Jersey, that so allowance 
of the one, might have been an argument for the other 
because their title to both is one and the same; they 
have in the end laid before us certain proposalls for the 
surrender of East New Jersey upon certain conditions. 
But we have not yet thorowly considered the same. 
However there appearing to us several obvious excep- 
tions against what they propose, and great difficulties 
in settling the matter to their satisfaction and without 
prejudice to his Majesty's right and to the interest of 
the Province of New Yorke; we are apt to think that 
business may hang yet some time longer in suspence. 
And therefore we send you here inclosed the copy of 
their said proposalls and desire your observations there- 



304 NEW JEK8EY COLONIAL DOCUMENTS. [lf)99 

upon, how far any of them will be advantageous or 
disadvantageous to the Province of New Yorke, But 
in the meanwhile we can offer to your Lordship no 
other rule for your conduct towards those Provinces 
both of East and West New Jersey than what his Maj- 
esty has already given you. 

In your letter of the first of July 1698 beginning with 
the dispute you had with Mr Bass about the Jerseys, 
you mention two pirates sent for from thence, which 
for want of proof against them you had admitted to 
bail; and two others that you had sent for from Con- 
necticut and Rhode Island; upon which you desire 
directions what to doe with them, and more particularly 
whether to send them or others in the hke case to Eng- 
land or no, especially when you have not evidence 
there sufficient to convict them. This we have in 
part answered already by our letter of the 25"' of Octo- 
ber last, and we now further add that we can conceive 
nothing more proper to be done in order to their con- 
viction, than by threats and promises to some that are 
apparently guilty, to induce them to give evidence 
against their accomplices. But as for sending or not 
sending them home (upon which we cannot of ourselves 
make any determination) we expect shortly some order 
of the Lords Justices in Council upon a Representation 
that we laid before them the 10"' of this month on occa- 
sion of some pirates set on shoare in Pennsylvania and 
West New Jersey by a New York ship called the Nas- 
sau, commanded by one Shelly; which business we hope 
will in the end produce some regulation for the conduct 
of all his Majesty's Governors in the Plantations in the 
like cases * * * * 

Your Lordshij)s most humble servants 
Signed Ph: Meadows 

Jn° Pollexfen 
Jn° Locke 
WhitehaU Ab«. Hill 

August the 21^' 1699. 



1699] CENSUS WEST JERSEY, 1699. 305 



Account of the Inhabitants of West Jersey in 1699 

[From P. R. O. B. T., New Jersey Vol. 1, B 7.1 

Account of the Inhabitants of West New Jersey 
as taken in the Year 1699. Presented to the 
Board by Mf Dockwra. 

Daniel Leeds in his Almanack for the Year 1701, in 
the Page of Nov^'" gives the following ace? 

In Sep*!' 1699. The Freeholders in West Jersey were 
computed as follows 

Burlington County .... 302 
Gloster County . ; . . .134 

Salem County ' 326 

Cape May County . . , . . 070 



InaU .... 832 



Whereof Quakers .... 266 



In all more Christians . . . .566 

Note. — The Quakers are more numerous in Burling- 
ton County than all the other Countys. Salem County 
has two to one for Gloster and 58 over Tho the Quakers 
will have the latter double the Number in the Assembly 
to that of Salem; Contrary to Justice and Equity. 
Wherefore Salem will not Send Members till they have 
equall with Gloster They paying double the Tax and 
more than Gloster. 



21 



306 NEW JERSEY COLONIAL DOCUMENTS. [lG99 



Secretary Popple to William Dockwra, inquiring as 
to the operation of the Act against fraud &c. 
in East & West Jersey, and in tvhose hands are 
their respective Governmerds. 

[From P. R. O. B. T. Proprieties, Vol. 20, p 124.] 

To XV" Dockwra Estf/ 

The L"^" Com'' for Trade & Plantations being re- 
quired to represent to his Majesty in Councill how far 
the late Act for preventing Frauds & regidating 
Abuses in the Plantation Trade, past here in the 7"' & 
8th years of his Maj'^s Reign has been comply ed with, 
in relation to his Majesty's Allowance and Approbation 
of the Gov" of Proprieties in the Plantations; Their 
Loj.(jps have commanded me to desire you to inform 
them what has been done in that matter by the Pro- 
prietors of East & West New Jersey respectively And 
further to let them know how the Government of each 
of those provinces now stands, and in whose hands the 
Administration thereof at present lies I am &c 
WhitehaU 

Octob"- the 25"' 1699 

W. P. 



William Dockivra to Secretary Popple in ansiver to 
the foregoing. 

[From P. R. 0. B. T., Proprieties, Vol. 4 D 30.] 

L'l'e from Mr Dockwra excusing his not yet answer- 
ing y^ 2 L'res lately writ him ah* E. <fe W. 
New Jersey. 
Sir 
I have reed yo""^ of the date hereof taking notice of 

' Another letter of a similar pm-port was written to Mr. Dockwra on Nov. 14tli ; this 
not having received any attention. — Ed. 



1699 J SECRETARY POPPLE TO ATTORNEY GENERAL. SOt 

yo"^ former w^.'' wants an answer, if it had been my 
particular Concern I should soon have performed my 
duty to their Lo^?^ com'andes by yor letter. 

But the Subject of that Letter is y^ busines of a 
Committe of the Proprietors who are lately so dis- 
persed (& Sundry of them in the Country) that indeed 
a Committe could not be made up since the receipt of 
yol" first Letter, but am in hopes to gett them together in 
few days & then so soon as I have their instructions 
for my Order, an hour shall not be lost, before an 
Answer be dispatch'd by 

Worthy Sir 
Yor most hum^?® Serv? 

W^^ DOCKWRA 

Chief Office Penny Post' 
Nov!- 14!^ 1099. 



Secretary Popple to Attorney Geyierall Trevor, ask- 
ing his opinion respecting a new mode of hav- 
ing Proprietary Governors appi^oved. 

[From p. R. O. B. T., Proprietors, Vol. 26. p 130.1 

To S" Thomas Trevor K°* his Majesty's Attuniey 

General. 

The Lords Commissioners for Trade & Plantations 
having under consideration that part of the Act of 
Parlam* for preventing frauds & regulating Abuses 
in the Plantation Trade, past in the T"' & S*'' of his 
Maj*''s Reign, w-^" relates to his Ma'^^s Approbation of 
the Gov'? of his respective Plantations, and observing 



1 Mr. Dockwra at one time had the management of the London Penny post.— See 
Vol. 1 p. 378, note.- Ed 



Bos ^TEW JERSEY COLONIAL DOCUMEifTS. [l699 

a Difficulty in the Execution thereof with respect to 
the Proprieties and Charter Goverments, especially 
such whose Gov"^" are chosen annually in the said 
Plantations, They have commanded me to desire you 
to give them your Opinion, Whether his Ma*^' may not 
impower the Earle of Bellomont by name, or the Gov- 
ernor of New England, or the Governor of any other 
neighbouring Plantation for the time being without 
name, to approve or Disapprove any of the said Gov- 
ernors of Proprieties or Charter Go verm*? from time to 
time I am &c 

Whitehall Nov"^ 20*^ 1699 W. P. 



Memorial of the Proprietors of East Jersey to the 
Lords of Trade, insisting upon a clause in their 
new charter, estahlishing Perth Amhoy as a Port 
of Entry. 

[From Grants and Concessions, p 597.] 

To THE Right Honourable the Lords of the Coun- 
ciLL OF Trade and Foreign Plantations. 

The humble Memorial of the Proprietors of the 
Province of East New-Jersey in America. 

The Proprietors in all their Applications to your 
Lordships, and particularly in their last Proposals, 
having expressed a great readiness of complying with 
his Majesty's Pleasure in relation to their Government, 
so as their Properties might be preserved to them by 
such Commissions of his Majesty's Part as are neces- 
sary to that End, are surprized at the dubious Answer 
returned by your Lordship's to the Second Article of 
their Proposals concerning the Estabhshment of a Port 
at Perth Amhoy, for entering Ships and importing 



1699] MEMORIAL RESPECTING PERTH AMBOY. 309 

Goods there, and exporting Goods from thence, with- 
out being obhged to enter their Ships at any other 
Place; For the principal objection that has been always 
made to the allowance of a Port in East- Jersey, aris- 
ing' from the iion Payment of Customs there, and the 
detriment accrueing to the Trade of New- York by 
reason thereof, the Proprietors conceived that by sub- 
mitting to pay the same Customs as are paid at Ne'w- 
York, they had effectually answered that Objection, 
and prevented all others, and that they being his 
Majesty's Subjects, and equally entitled to his Favour 
and Protection with the Inhabitants of New-York, 
might under the Payment of such Duties freely enjoy 
those Conveniences for Trade, which God and Nature 
have allotted to their Colony, and they have purchased 
with their Money, and which has not been denied to 
any other American Plantations, tho' paying no Cus- 
tom, but permitted as a natural Right. 

The Proprietors therefore crave leave (in pursuance 
of that Sincerity and Plainness wherewith they have 
all along addressed to your Lordships on this Occasion) 
to declare, that the obtaining a Port to be continued 
for ever was their main inducement to consent to a 
Surrender of their Government; and therefore they 
insist, that in the new Charter to be granted to them 
by his Majesty, there be an express Clause inserted, 
whereby Perth- Amhoy, shall be established a Port for 
ever for entering all Ships, coming into and going 
from East- Jersey, for importing and exporting Goods, 
and that such Port shall not be forfeited or taken away 
for any misdemeanour whatsoever, but only the Pei*- 
sons guilty of the misdemeanour shall be accountable 
and punishable for it. 

This is the only Thing that can make the Province 
of any value to the Proprietors, or give them hopes of 
re-imbursing their Purchase-Money and other Ex- 
penses in Improvements ; and if your Lordships think 



310 NEW JERSEY COLONIAL DOCUMENTS. [1699 

it too great a Privilege for them, who have been faith- 
ful Subjects to his Majesty, and contributed to the 
Defence of the Frontiers during the late War in 
America, more than they were able to bear; the Pro- 
prietors cannot be accessary to their own Ruin by a 
voluntary Surrender but must endeavor to vindicate 
then' Right in a legal manner, and seek redress by 
such other Measures as they shall be advised to, and 
are consistent with their Duty to his Majesty. 

The Proprietors do further crave leave to mention, 
that if their desire of a Port is once granted 
they do not forsee any great difficulty to adjust with 
your Lordships the other Articles mentioned in their 
Memorial. 

Signed on the behalf of the said Proprietors and by 
their Order 

William Dockwra 

London 15'!' 1699 Secretary and Register 

January lYOO , 



Jeremiah Basse to the Lords of Trade, loith an ac- 
count of his administration of the affairs of Neiv 
Jersey. 

[From P. R. O. B. T. Proprieties, Vol. 4, D 38.J 

Lr'e from Mf Bass w*.^ Copys of his proceedings re- 
lating to Pirates and other things during his 
Execution of y? Grov°* of East and \\>st New 
Jersey. 

London 1^.* Febr "^ ' 

May it Please your Hoyi'y 
Consonant to my promis when I waited on this 



> Mr. Basse did not wait for the arrival of his successor, Andrew Hamilton, but 
left New Jersey to be administered by the Coimcil.— Ed. 



1699] PETITION TO HOUSE OF COMMONS ABOUT SHIP HESTER. 311 

honorable board I have hearein enclosed all my pro- 
ceedings in the two Governments of the Jersies against 
the Pyrates with true transcripts of the Proclimations 
warrants & letters that Passed on that Subject. 

If this be in any measure acceptable I shall be em- 
boldned to present Your Lordships with all other pro- 
ceedings whilst I continued my Station with an acco- 
at Large of the ri*se & progress of that divition & dis- 
turbance in those provinces that I cannot beleive will 
be Concluded any other wayes than by his Majestyes 
mandate to the people to Obey the Governor appointed 
by the proprietors or takeing them under his oune im- 
mediate Protection — Which last I am very certaine 
would be not a little gratefuU to all the unprejudissed 
Sensible men in boath the Jersies. I have also added 
a Coppy of the East Jersie Assemblys address at the 
Conclussion of their Session with some of Addresses to 
the Proprietors of West Jersie that came home this 
last Conveyance If by this or any other wayes I could 
be so happy as to promote the Interest of his Majesty 
or give any Hght to your Lordships debates I shall 
thinke it a Suffitient reward to him who Is 

Your Lordships very humble Serv' 

J Basse 



Petition of Messrs. Basse and Lofting to the House 
of Commons, relating to the Ship Hester. 

i_From,N. Y. Col. Doc'ts., Vol. IV., p GOo.] 

To THE Honorable the Knights, Cittizens and 
Burgesses in Parliament assembled. 

The humble Petition of Jeremiah Basse Esq. and 

John Loftiuo; Merchant. 
Sheiveth 

That your Petitioners in 1697 being owners and 
freighters of the Ship Hester, burthen 150 tunns, sent 



ol"/i NEW JERSEY COLONIAL DOCUMENTS, [1700 

the said ship laden with the product and manafactures 
of this Kingdome to the Province of East Jersey in 
America, where she arrived on the 20^'' day of March 
l(i9S, and was duly entered at Perth Amboy a port 
appointed by the Commissioners of His Majestys Cus- 
toms in England under the Directions of the Lords 
Commissioners of His Majesty's Treasury for the deliv. 
ery of European Goods within that Colony. 

That the cargoe being there unladen and disposed of 
the said ship continued in the same port till November 
then next following, when she being refitted, victualled 
and laden by your Petitioners with Pipe staves and 
Provisions ready to sail for the Island of Maderas, and 
seamens wages paid; Richard Earle of Bellomont then 
and now Govej-nor of New York in America, usurping 
an Arbitrary power over His Majesty's Subjects of 
East Jersey, which is independent and no part of the 
Province of New Yorke, sent down fifty armed men 
to Perth Amboy to seize the said ship, who forcibly 
entred on board, desperately wounded several of the 
Mariners and carryed her up to New Yorke, where 
he caused an Information to be exhibited in the 
Mayor's Court of New Yorke, and the said ship to be 
condemned and sold at £315 New Yorke money, for 
not entring at New Yorke, the goods she imported to 
East Jersey, and for not paying the duties imposed on 
such goods by an Act of Assembly of New Yorke, 
though no duties are payable for goods imported to 
East Jersey, nor is East Jersey subject to the laws 
made by the Assembly of New Yorke. By which 
illegal proceedings your Petitioners are not only de- 
prived of the said ship, then worth above twelve hun- 
dred pounds sterling, but of the Cargoe then on board 
amounting to a further considerable value, and can 
obtain no satisfaction at New Yorke from the Earle of 
Bellomont, nor from the Ofiicers and Soldiers who ex- 
ecuted his orders, by reason of his Interest and 



1700] PETITION TO HOUSE OF COMMON^S ABOUT SHIP HESTER. 313 

Authority there as Governor, and his protection of 
those Instruments of his oppression. 

That your Petitioner Jeremiah Basse being lately 
Governor of East Jersey seized there John Elston and 
William Merrick who confessed themselves of Every 
the Pirates crew, who your Petitioner as it was his 
duty, refused to bayle. But the said Earle of Bellomont 
by a pretended Admiralty power forced them out of 
your said petitioners hands, and set them at liberty 
upon insufficient bayle, to the great hazard and danger 
of your Petitioner and the said Merrick has since made 
his escape. 

Your Petitioners therefore most humbly pray this 
honourable House to take the premisses into their 
gracious consideration, and to give them such relief 
therein as to their Justice and wisdome shall seem 
meet. And your Petitioners shall ever pray &c. 

Jere: Basse: 
23 Feb. 1700 John Lofting 



Minutes of Essex County Court at a nieeting held at 
Elizabethtoivii, relating to Samuel Carter. 

[From P. R. O. B. T. Proprieties, Vol. 6, G 28.1 

At a Court of Sessions or County Court held in 
Elizabeth Towne for y^ County of Essex on 

Tuesday y^r 12*!^ day of March 1699 { 

1700 j 
Pr'sent M* W Sandford Psed^ 
Cap'': John Curtis 
M** Elias McKeilson 
M'' John Treate & 
M*" Theophules Pearson 
THE Court according to Adjournm* Being opened 
one Samuell Carter appeared in the behalfe (as he said) 
of himself and his Neighbours by whome he was Im- 



Jus*.« 



314 NEW JERSEY COLONIAL DOCUMENTS. [1700 

ployed and in an Insolent and contemptious maner 
Eailed and disowned the authority and power of the 
Court and of the P'sident' and Justices there sitting, 
calling the P'sident W" Rascall and challenging him 
and the Rest of the Justices out of the Court severall 
times often giving the P'sident the Lye and Bidding 
him Kiss his arse, and grossly abused the Kings At- 
torney Generall and the foreman of the Grand Jury, 
and used and uttered words and Actions wholly unfitt 
to be mentioned with his sentences ushered in by many 
oaths soe that the Court by Reason thereof could not 
proceed in the hearing trying and Determining of the 
Matters before them. 

Whereupon it was ordered that the high Sheriff of 
the County doe take the Body of the s'! Saml' Carter 
into his Custody for his Insolency and contempt 
aforesaid And the P'sident and Justices are vnani- 
mously of opinion (not one dissenting) that this matter 
(being a violence and Irruption of the Laws and soe 
high a Contempt and so Impudent Behaviour to the 
dignity and Authority of the Court then sitting, which 
may if not timely prevented turn to a Convolsion in 
Go verm* to the Ruine of the CoUony) ought to be Rep- 
resented to the Honour^'^ the Govern'; and Council of this 
Province that such care may be taken by them as they 
in their prudence shall think fitt, that the Dignity of 

appears to have come 
to the Province from 
the West Indies. He 
became owner of most 
of the land between the 
Passaic and Hacken- 
sack rivers. He is first 
named as "Captain" 
(of the militia) in 1675, 
he then residing in New York, and served subsequently in the councills of both 
Governors Rudyard and Lawrie. When the office of President of the Court of Ses- 
sions was conferred upon him it is not known. He died in 1692, leaving several 
children by Mrs. Sarah Whartman, to whom he had been legally married, as he 
acknowledged in his will, but who " for some considerable reasons had not been 
allowed to bear his name." 
East Jersey Under the Prop'rs, 3d Edition, p 116.— Ed. 




1700] MIN'UTES OF MIDDLESEX COUNTY COURT. 315 

the Governm and the Authority of the Lawes may be 
supported and maintained, And Ordered that the high 
Sheriff do safely keepe the Body of the s*? Sam" Carter 
without Bayle or mainprize untill he shall be Delivered 
according to Law, Then the Court were forced to ad- 
journe themselves till tomorrow morning nine of the 
clock: which was done accordingly, but attended with 
almost a Generall noise and hollowing with vnseemly 
actions and Insolent Gestures, which seemed Rather to 
Looke like a Rebellion than otherwise, The Persons 
most forward in this Contempt were Sam" Whitehead: 
Benjamin Price: Ephram Clarke: Sam" Potter: John 
Luke: William Luke — ^ Joseph Haines: Jonathan Haines 
& John Willes et"'' 

A true coppie of the Record of Court given by me 
Geo: Powell [George Jewell] Clarke 

A true copie taken out of y*" Records of y'' s'^ County 
Court Gfeo: Jewell clerk thereof & therewith Compared 

& Examined & me 

Thomas Gordon D Sec'y 



Minutes of the County Court of Middlesex, held at 
Piscataivay. 

[From P. R. O. B. T. Proprietors, Vol. 6. G. 38.] 

A Record of y? Justices of Midlsex Proceedings 
for Piscataway y.^ 3'"'^ of IMarch |^^; 

Att a Meeting of y? Justices of y.*^ Court or 
Court of Sessions for s"" County of Middlesex 
IN Y*' TOWN OF Piscataway this 19™ March 
1699. 
Present [Samuel Dennis 

Capt John Bishop 

Sam'-'- Hale [ Justices 

Benj Griffith | 

Machiell Vanweghtie I 

Whereas this day being y' day appointed by Act of 



316 NEW JERSEY COLONIAL DOCUMENTS. [1700 

y® Generall Assembly of this province for holding y* 
County Courts for y" s'^ Town of Piscataway in y* 
Publick meeting house there they y® s*^ Justices went 
to y*" s'' publick meeting house And finding y*" dooer 
thereof shutt they Inquired who had the Keyes of it 
Answer was made by Some of y"" Inhabitants of s** 
Town y* s'' house belonged to their Town & y* they 
had nayled the doores thereof to w'^'' y'' Justices Re- 
plyed the house belonged to y*" Country so as to keep 
Court there by Act of Generall Assembly & so de- 
manded Entrance w*"^' being Refised y'' s*^ Justices 
commanded y^ Sheriff to break open y'' doore of s'' 
house w'''' he attempting & Endeavouring to do Edward 
Slater of s'^ Towne layd violent hands on him & John 
Longstaff w"' other Persons of s"^ Town stood close by 
y'' doore to hinder y'' Sheriff to Obey y*" Justices Com- 
mand, and the Sheriff & s'^ Edward Slater wrestling 
together y*' people Called out let them have 'room & 
fair play, & y'' Sheriff geting Clear of s'^ Edward Slater 
went to y** house doore & pushed it up with his foot ct 
went into y^ house & Severall others crouded in after 
him amongst whom were John Langstaffe Thomas 
Higgens Joseph & Benjamin Mannen with others of 
s'' town and y'' s** John Langstaff said let us turn y'' 
Sheriff out again for wee are men Ennop^gh here to do 
it and there being a great noise & confusion in y'' house 
Severall persons said to Justice Dennes will you stand 
here and lett y'^ Sheriff be murdered in y® house, upon 
^.ch ye gd j^istice went to another doore of y*" s^ house 
& pushed it open with his foot & Entring in Some per- 
sons of s'^ Towne whom he knew not layd hold on him 
& Edward Slater Came to him & took him by the 
Coller w"" design as he Supposed to Strick him & said 
what do you come here for to whom y'' s'^ Justice 
answered only in peace to keep his Maj*!!' Court but 
finding y* not acceptable he called Yelverton Crowell 
& W"' Englie to his Assistance who accordingly Re- 



1700] MIXUTES OF MIDDLESEX COUNTY COURT. 317 

lieved him from y* s** Edward Slater. Also John Keyse 
& Sam" Walker asked Severall times by what author- 
itie they came to keep Court there and when it was 
answered to them by y* Kings authoritie they Replyed 
y^ they had no LawfuU authoritie to keep any Courts 
there & y* y'' house was y' towns & y'' Justices had 
nothing to do with it, and so y* Justices finding such 
Resistance & opposition withdrew from y'' s*' house 
and went to ye Constables house of s'' towne & made 
this Record of their proceedings 






O'^i^^aiX^ 




Machiell Vanweghtie 



y Aon^ cuj, 





Attor. Genl' 



«>c> 




A true Copie taken from the originall & therewith 
Compared & Examined P me 

Thomas Gordon D Secry. 



318 NEW JERSEY COLONIAL DOCUMENTS. [1700 

Letter from William Penn to Samuel Leonard. ' 

[From Penna. Archives, Vol. I., p 1^9.] 

Unknown Friend. 

In answer to thyne of 20"' y^ last month, please to 
take w^ follows" [I need not transcribe y*" ques. to y'' 
first I say I am humbly of opinion that if every quere 
is not answered he'l think they are puzling questions, 
pardon me s'i if I offer my own & beg you to improve 
them & thro them into your own Mold. 

1st The prop" being strangers to the Method of ob- 
taining approbations G' B.' pretending to know it, 
They committed the management of that affair to him, 
who reported to those that he was approved as the Law 
directs & as an evidence of it produced the Dedimus 
Potestatem, w^"" he called his Commission of approba- 
tion but they afterwards discovered that he had 
overated his interests & hopes, & are therefore excusa- 
ble if they told the prop*.'' he was approved, believing 
he would not have been so positive to his own hurt 
and theirs. 

2d The want of an approbation doth not unquallyfy 
a man to be a Gov^ but only lays him under a penalty 
if (neglectiijg to pursue the means of obtaining it), he 
act without it, for otherwise the act of Pari gives the 
King a Negative, there needing no more to break the 
prop"!^ commission or any other of the like nature, than 
for the King to refuse to approve, let the person be 




is 



is first mentioned 
as one of Gov. 
Hamilton's Coun- 
cil in 1700. In 
18 he was one 

of the Aldermen of Perth Amboy. 

2 At this point in the original Wm. Penn's handwriting gives place to that of 
Andrew Hamilton, which continues to and includes his signature when Penn's 
writing is resumed.— Editoe of Penna. Archives. 

Penn merely transmits to his " unknown friend " an opinion previously received 
from Governor Hamilton. — Ed . 

s Governor Basse, See East Jersey under the Proprietors, 3d Edition, p 193. — Ed. 



1700] WM. PENK TO SAM. LEONARD ABOUT N. J. AFFAIRS. 319 

never so well qualified w"^ the Act could never intend, 
Besides if an approbation were indispensablie necessary 
there lyes a Quo Warranto against the prop"".* Charter, 
& the Kings not useing it, as an argument it is not 
indispensablie necessary, the tryall he offers them being 
upon an other Topic viz. whether governm* is assigna- 
ble, for it would not be on the foot of the approbation 
all means haveing been used to obtain it and the L^. of 
trade granting an allowance to A. H.' to act till the 
tryall was issued and it cannot be charged as a crime 
on them or him w' y"" Ld^ refused to grant. 

3d This depends upon the forms for if the prop*".^ 
Commission be good without an approbation G'i B. 
superseded A. H. 

4th And this also answers the 9"' 

5th It is certainly the Kings busines not the peoples 
to dispute the powers of the prop"^.* Commission or in- 
quire into the qualifications of a Gov'; They know the 
prop'.^ did not set up a governm' at their own hands 
but were authorized by King Charles & the Inhabitants 
Commanded to yield their obedience to them as abso- 
lute gov';, and the King only is Judge when its proper 
to recall that order. Nor have they any colour to ap- 
point a Gov'; either by any grant from the Crown, or 
by the neglect of the prop'.* of appointing none. 

6fch We are not to be wiser in matters of State than 
our Superiors. The Kings Counsel learned in the Law 
have resolved it some years agoe in tne negative, that 
the Natives of Scotland are not disabled and all the 
succeeding pari'" have acquiesced in that opinion. 
Besides the people might easily imagine that if A. H. 
were disabled on that head, a Quo Warranto lyes and 
that is the prop'* business to mind. 

S' pardon this freedom. We have an assembly to sit 
in East Jersey, next week & I set out hence on Mun- 
day some time of the day. If your Letter to Mr. Leo."" 



' Andrew Hamilton. 
- Evidently an abbreviation for ieoward.— Ed. 



.^20 NEW JERSEY COLONIAL DOCUMENTS. [1700 

is sent me betwixt now and then it will come in best 
season & I'll take care of the delivery. Our Assembly 
breaks up to day. 

I kiss your Lady's hands & am 

Your most obedient servant, 

Burlington, 25 May, 1700 And. Hamilton.] 

But Govl' H could have put y* out of doubt by 
showing y" opinion of y'' present councill. 

I am sorry for ye love I have to ye poor American 
colonys, & ye service I have freely Done to see soe 
many of y"' ready to do f elo de see & set fire to their 
own comforts, so much their interest to preserve with 
all caution & Zeal. The Prop'.^ will always be too hard 
for you at home, and 'tis a vanity in any to think they 
can vacate their Quit- rents by offering y* w''*' is none 
of theirs to give, viz : ye Go vernm*. I was ever for taking 
w*"* I could get, knowing y' i a loaf is better than no 
bread, & if they would be persuaded by me, y* am also 
a Proprietor, it should be to concurr w"' ye Proprietors 
in their Gov & by an easy and engageing way to draw 
from y"' what privileges or benefits they wanted & the 
Q.ovment (jquM grauut wlthout any notable damage to their 
interest. 

Last of all the Gentleman they have named is no 
stranger, sharper nor morose person, but one of very 
good qualities & in good esteem both here & at home, 
I have said in service to Jersey, justice to him & civihty 
to thyself, improve it to those ends for I mean what I 
say, & am that Colonys and 

Thy assured Friend 




Indorsed 

Gov": to Saml. Leonard 

of East New Jersey 26th 3d mo. 1700.'' 



1700 J GOV. HAMILTON TO THE SECRETARY OF STATE. 321 



From Governor Andretv Hamilton [to the Secretary 
of State ?] 

[From P. R. O., among West Indies, Vol. 385.] 

Letter from Governor Hamilton. 

Sr 

I was honoured by yo'"' of the 30*!' of November di- 
rected to Jeremiah Basse Esq'- Gov', of East & West 
Jerseys by conveyance of his Exc'ie the Earl of Bello- 
mont, M"^ Basses Commisssion being superseded by one 
to me, He embarqued at New York for Engl'd in 
December last before I had an opportunity of speaking 
with him after my arrivall in the Jerseys, he will be 
heard of at S- Thomas Lanes & will no doubt give an 
account of what money or other effects he seized of 
pyrates while he was in the administration. 

Since my arrivall I have taken -1 into Custody that 
came from Madagascar, Their names are James How, 
Nicholas Churchill, Eobert Hickman, & John Eldridge. 
Eldridges treasure is in the hands of Coll. Quary of 
Philadelphia, if the other three have any its hid in the 
Woods or else where, for there's none to be found about 
them How is a sensible man & I presume if he is 
promised a pardon, can make considerable discoveries, 
I shall pursuant to his Ma'ties orders to My Lord Bello- 
mont deliver up to his Exc'ie the befor named persons 
& what treasure I can at any time discover belonging 
to them or any other such sort of people who I am sen- 
sible are a pest among man kind 

Sr 
Your most humble servant 

[May 1700] And: Hamilton 



22 



322 2SEW JERSEY COLONIAL DOCUMENTS. [1'700 



Remoyistrance of the Inhabitants of East Jersey to the 
King, against the acts of the Proprietors, and 
asking for the appointment of a, competent Gover- 
nor. 

[From P. R. O. Proprieties. Vol. V, p 42.1 

To THE Kings most Excellent Ma'^ 

The Remonsti'aiice and Humble Petition of your 
Ma*X'' Lo) al Subjects Inhabiting in your Ma*f^^ 
Pi'ovinee of East New-Jersey in America.^ 

Humbly Sheiveth. 

That Whereas your Ma'^f humble Petitioners did 
Remove and Settle themselves into the said Province 
of East 'New Jersey, and by Vertue of a Licence 
from the Hono"'" Coll: Richard NichoUs Govemour of 
the said Province under his then Royal Highness the 
Duke of Yorke, to purchase Lands of the Native 
Pagans, did according to the said Licence, Purchase 
Lands of the said Natives at their ow^n Proper Coasts 
and Charges: And Whereas since his said Royall High- 
ness did sell and Transfer all his Right and Interest to 
the said Province of East New Jersey to certain Pro- 
prietors; by whose Licence severall other your Ma'^-" 
Loyall Subjects have also since purchased Lands at 
their own proper Costs and Charges of the Native 
Pagans of the same Place, whei-eby they humbly (con- 
ceive they have Acquired and Clain'd a Right and 
Property to the said Lands so purchased; Yet notwith- 
standing your Ma*^' Loyall Subjects are Molested Dis- 
turbed, and Disposessed of their said Lands, by the 



1 Referred to the Lords Commissioners for Trade and Plantations, and by theui, 
on the 16th November, sent to the Pi'oprietors, through Wm. Dockwra. — Ed 



1700] REJIONSTRANCE AGAINST ACTS OF PROPRIETORS. 323 

said Proprietors or their Agents, who under pretence 
and Colour of having bought the Government with the 
Soile, have distrained from, and Ejected severall 
Persons for and under pretence of Quitt Rent and 
Lords Rent, whereby your Ma*r Liege Subjects have 
been sued and put to great Trouble and Charges, and 
have been Compelled to Answer to vexatious Actions 
and after they have defended their own Rights and 
obtained Judgement in their favour, could not have 
their Charges as according to Law they ought to have, 
but have been forced to sitt down under the loss of sev- 
erall Hundreds of Pounds sustained by their unjust 
Molestations. 

And further notwitstanding your Ma*r Liege Sub 
jects have Purchased their Lands at their own Proper 
Costs and Charges, by Vertue of the aforesaid Licences; 
Yet the said Proprietors, Gov? or Agents without any 
pretended Process of Law have given and Granted 
Great part of the said Lands by Pattent to severall of 
the s*^ Proprietors and others as to them seemed fitt. 

And notwithstanding their Pretence to Government, 
Yet they left us from the latter end of June 1689, till 
about the latter end of August 1692, without any Gov- 
ernment, and that too in time of Actual War; so that 
had the Enemy made a Descent upon Us, wee were 
without any Military officers to Command or Give Di- 
rections, in Order to Our Defence, or Magistrates to put 
the Laws in Execution, and dureing the whole time 
the said Proprietors have Governed this your Ma*r 
Province, they have never taken Care to preserve or 
Defend us from the Native Pagans or other Enimys, 
by sending or Providing any Arms, Amunition oi- 
Stores, but rather have provoked and Incensed the said 
Natives to make Warr upon Us by Surveying & Pat- 
tenting their Lands, contrary to their Liking without 
purchaseing the same from them, or making any Sat- 
isfaction in Consideration thereof And sometimes when 



324 NEW JERSEY COLONIAL DOCUMENTS. [1700 

the said Natives have sold & Disposed their Lands as 
to them seemed meet, they the said Proprietors have 
disposed of the same to others or else forced them who 
had the Property in it, to Purchase it of them, upon 
their own terms, which the said Natives have highly 
Resented and often complained of and (may justly be 
feared) waite only for an opportunity to Revenge it 
upon the Inhabitants of this your MaY^ Province. 

And further to manifest the lUegall and Arbitrary 
proceedings of the said Proprietors in Contempt of y ^ 
Ma*?^ Laws and against their own knowledge signified 
in a Letter by them (to the Councill here in East New 
Jersey) wherein they say as f oUoweth : We have been 
oblidged against our Inclinations to Dismiss Coil: 
Hamilton from the Government, because of a late Act 
of Parliament disabling all Scotch Men to serve in 
places of Publick Trust or Profitt, And obliging all 
Proprietors of CoUonies to present their respective Gov- 
ernours to the King for his Approbation, So Wee have 
Appointed our ffriend Jeremiah Basse to Succeed Coll: 
Hamilton in Government, whom Wee have also pre- 
sented to the King and he is by him owned and ap- 
proved off. 

Notwithstanding which Letter they have Suj)er- 
ceeded the said Jeremiah Basse, (whom they wrote was 
approved by your Ma^') and have Commissionated the 
said CoU: Hamilton again without your MH' Royall 
Approbation, altho' Removed before by them as a Per- 
son disabled by Law, Who now by Vertue of their the 
said Proprietors Commission only, would Impose him- 
self upon Us as- Governour. And when in Government 
before Superceeded by the aforesaid Basse, was by 
them continued about a Year after the twenty ffifth of 
March (l(i9T) without taking the Oath Injoyned by 
Law. And doth now presume to Exercise Government 
not having Legally taken the said Oath or having your 
Ma^r Royal Approbation, The said Proprietors of East 



1700] REMONSTRANCE AGAINST ACTS OF PROPRIETORS. 3^5 

New Jersey have also, in Contempt of your Ma^r known 
Laws Commissionated a Native of Scotland to be Sec- 
retary and Attorney General of this your Ma^f Province 
(being both Places of the greatest Trust next the Gov- 
ernour) and one of the Same Nation to be Gierke of the 
Supream Court of this your Ma'f Province, Which 
may be of 111 Consequence in Eelation to the Act of 
Trade and Navigation, and to the great Hindrance of 
Your Ma"^^;* Loyall Subjects (the Power of Government 
being Cheifly in the Hands of Natives of Scotland) 
from Informing against any lUegall or Fraudulent 
Trading by Scotchmen or others in this Province. 

Wee your Ma^f Loyall Subjects Labouring under 
these and many other Greivances and oppressions by 
the Proprietors of this your Ma*-;^ Province of East New 
Jersey, Do in most humble manner Lay Ourselves 
before Your Ma*r (the Fountain of Justice) Humbly 
Imploremg your Ma^y wiU be Graciously Pleased ac- 
cording to your Princely Wisdome to take into 
Consideration Our Evill Circumstances Under the 
Present Proprietors, (if the Right of Government is 
Invested in them ) and that your MaV will be Graciously 
Pleased to give your Royall Orders to the said Proprie- 
tors, That with your Ma*r RoyaU approbation they 
Commissionate for Governour A fitt Person Qualhfied 
according to Law; Who as an Indifferent Judge may 
decide the Controverseys Arising between the Proprie- 
tors and the Inhabitants of this your Ma*r Province; 
And settle all the Differences which at present they 
Labour under. 

And your Ma*r Petitioners as in duty bound shall 
ever pray (Scc*^ 

John Royse Andrew Cragge Cornelius Hetfield 

Sam'U. Walker John Willis Roger Lamljert 

Vincent Rugnion Dennis Morris George Pack 

Arie Bennit John Lambert Stephen Crane 

William Winter William Brown Jeremiah Osborn 



326 



NEW JERSEY COLONIAL DOCUMENTS. 



[1700 



John Ruckman 
Will'm. Wilkeson 
Lonbert Jonken 
Walter Herbert 

James Sirwo 
Henry Marsh 
Edward Slater 
Benia Hull 
Joseph ffitz Randolph 
Francis Drake 
Tho: Sutton 
Rich : Sutton 
John Ginnins 
John Wolley 
Jacob Vandorn 
[Eliazar] Cotarel 
Will'm. Merretd 
James Willson 
Peter Stoot 
Walter Newman 
John Ruckman 
Thomas Hartshome 
Johna Ruckman 
Samuell Willit 
Jarad Wall 
James Laurence 
Jonn Drake 
Ezekell Peregoe 
Andrew Browne 
Mardia Gibbins 
William Jones 
Jacob du Trudle 
Benjamin Stout 
Rich'd. Stoot 
A Thomas Estell 
Daniel Harkent 
Richard James 
Thomas Cox 
George Drake 
John Drake 
Benjamin Manning 
Hugh Dun 
Thomas Higgins 
Jacob Sabrengh 
Benjamin Hull 
Thomas Harburt 
John Cla)i:on 



John Thompson 
Benjamin Lyon 
William Darby 
Isaac Hattfield 

The mark of { j^jp 
Marcilis Pieterse \ 

The mark of ) ^. 
Helemock Roeloste ) 

Cornelius Musise 

Johanies 

Jan Claten 



Robert Wooley 
Thomas Davis 
Benjamin Wade 
Isaac Whitehead 
Joseph Mars 
John Megie 
Ephraim Price 
Jeremiah Crane 
Jonathan Stout 
Daniel Hendriekson ' 
David Stoutt 
Samuell Whitehead JunrRoelof Helmighsen 
Richard Clarke Thomas f redricke 

John Miles Ma'tys sdmodt 

John Littell Janoes 

Natt: Bonnell Tho: Laurence 

John Ross The mark of } 

Jacob Mitcnell Hendrick Epke f 

Hen : Norris Junr. John Clarke 

John Ailing John Marsh 

John Winans Samuel Clerk 

John Ersken Joseph Hallsey 

Joseph Willson Henry Norris 

Benjamin Price Junr. John Pearce 
John Ogden Ephraim Gierke 

Joseph Meeker George Thorp 

The mark of Capt. / -^ John Woodruff 
gerebrant Claese \ John Meekat 
Gerrd Gerrd sen de JongePrancis Sayro 



I-E 



X 



A 



The mark of } 
John Lubertse f 
The mark of 

Seba Epke 
Hartman Michilses 
Cornells Van de Vorst 
Robert ...... 

Hendrick Gerrdtsden 
Dierck Poulisen 
.Ian [Gerrard?] 
.John Vahham 
Rich'd: Da^as 
Will'm. Dasal 
John Langstaff 
Jediah Higgins 
Edmond Downham 
.Joseph Manning 
James Manning 



Jonathan Ogden 
Moses Tomson 
Benjamin Meeker 
.Joseph Whitehead 
ijacop Hendrickse 
R Van Giesen 

Dit ist merke | 
Jacob Rarlemon \ 



Tlie mark of 



Roeloff Bomgat \ 
Jan — ) Bogert 
Laurence Lowrensi 
Jan : desmarest 
David Dessmarest 
Jacobus Slot 
Ruth Van Hooren 
Samuel des Marest 
Joan des Marest 



+ 



1700] 



DISORDERS IN NEW JERSEY. 



327 



Samuel Forman 
Daniel Harkout 
Thomas fEorman 
John Pars 
Roberd Hoolinan 

Walter Wall 
William Purdy 
Alexander Forman 
William Wood 
William Wite 
William Laurence 
John Worth 
John Bray 
John Gould 
N'athaniel Whitehead 
John Cramer 
Samuel Plum 
John Parker 
Samuel Whitehead 
Daniel Price 
WiUiam Hill 
Joseph Lyon 
John Osborn 
Robert Morse 
Samu'l : PI 
William Robinsone 
John Thomas 
.John Harriman Jun 



John Manning 
Andr. Wooden 
Josias Wooden 
John Browne 
John Clevenger 
James Bowne 
Jeremiah Banet 
NiehoUas Stevens 
Johanes Perterson 
Abraham Vrelant 

The marke of [ j 
Johanis Poulse ) 

dit ist mark van 
matheus Cornelison f 
The marke of ) 
Wiirm:Day f 
John Edsali 
Francis Moore 
Jan de grodt 
Pierer da grodt 
John Berry 
M. Verlant 
Richard Salter 
Henry Lyon 
William Looker 
John Hinds 
Isaac Bounell — 
Samuel Carter 



W 



de Tonge 

Heyndrotch 

Joomerijo 

The mark of ) q 

John Loade f 

Reoel of RW 

The marke of } 

Roul of Vandelinda i 
The mark of / ^r 

Weart Bawta S 

John Sharpe 

Alberdt Jaborowsky 
) ^T^Jackor Jarbowskv 
' '^^ The marke of ') j 

John Conneroson \ 

Martin Poswbelse 

Adi'iaen Post 
Hendrick Klasen 
Andryas Preijers 
Thomas Thomasse 
Johanies Thomaston 
Joamis McEleson B 
The mark of } i T 
John Tep \ H^ 



The marke of ( 
Wander Dedras *i 

The marke of } t 
Jane Ra,leman \' 



WD 



From Messrs Andrew Bowne and Richard Harts-' 
home, relating to the disorders in Neiv Jersey. 

[P. R. O. B. T. Proprieties, Vol. 5, C. 43.1 

The Disorders in New Jers8\ . 
East Jersie Middletown y' SS*! July 1700 

Yours of the 6"' Aprill Last come to our hands itt 
heing the first we received from you for w'^'' we thanke 
you but could have wished you had sent us a moie cer- 
taine acco' of the Settlement of the Government which 
never so much as now wants to be settled. Since the 



328 KE\V JERSEY COLOKlAL DOCUMENTS. [1700 

departure of M'" Slater Col Hamilton hath put M' 
Morris ' into Commission of his Counciil & Justice be- 
leiving him to be the onely man that can make the 
province Submit to him as Governor without the 
King's aprobation & in Order to Effect itt they turned 
out an Englishman who was Sherif & put in a Scotch- 
man who they thought would Obey them without Ee- 
serve & itt is saide Morris hath given out that he will 
carrie his point in makeing the people submit to Coll 
Hamiltons Goverment or he will Embrue the province 
in Blood in order to which they seised oppon severall 
persons intending to force them to Give security for 
their good behavior which one of them Refused and so 
Continued in the Sherifs Custody this the people tooke 
Greaviously itt being Harvest time & they had given 
outt warrants to seise Richard Salter & Others & the 
Sherif had like to have taken him w''' some of his 
neighbors onderstanding went & met the Sherif banged 
him broake his head and sent him packing uppon 
which as we are informed the people Resolved to meete 
on Friday the 19th July in order to goe & f eatch home 
him that was in the Sherifs hands uppon the which 
Morris & Leonard dispatched an Express for Coll Ham- 
ilton who imediately came to them & they pressed 
about men & came on the 19*'' July in Armes to 
Middle Towne & came to the Ordinary And theare In- 
quired for the said Salter & one Bray. And then 
marched of the people of Middletown ware Assembled 
to the number of aboutt an hundred but without armes 
onely Stickes yet had itt not been for the persuations 
of some much in the peoples favoi' theare would have 
been broaken heads if not further mischeife the saide 
Justices had perswaded the person in the Sherifs hand 
to give security for the good behavior the day before 
this meeteing In this posture things stand in this 

' Lewis Morris. 



1700] DISTURBANCES IN EAST JERSEY. 329 

County & we beleive Including the Scotch that through- 
outt the province theare is six to one against owneing 
Col Hamilton Governor and almost all biterly against 
Morris, whome they looked uppon as the fii-st man as 
Indead he was that opposed Goverment &^ Signed 
Andrew Brown [Bowne] Rich Hartshorne' 

one of y? Council 



Letter without signature to Jeremiah Basse, giving 
an account of the disturbances in East Jersey. 

[From P. R. O. B. T., Proprieties Vol. 5, F 43.] 

To Mr. Basse. 

Sr 

You may Remember how you left the afaires of 
Government in this province we are Sorry to Informe 
you that they doe not Continue in so good a Condition 
we were in hopes things would have Rested quiet on- 
till we had heard how his Majesty had been pleased to 
dispose of us & that all j^eople would have Endeavored 
to keepe the peace ontill such time, but contrary to all 
Expectation Col Hamilton hath put in M' Morris pres- 

as President of the Council had been 

left by Basse in the exercise of the 

>^ chief authority, but his title thereto 

was questioned, and hence his hostility 

to the administration of Hamilton who succeeded Basse. 



the administration of Hamilton who sue 

London in September, 1699. He was a Quaker by profession, of good reputation 
and benevolent disposition, and soon rose to distinction among the people of the 
Province. He was one of the Commission appointed in 107G to lay out West ersey. 
See Vol. 1, p 320. East Jersey under the Prop. Gov'ts, 2d Edit, pp 46, 56, 189, 198&c. 
207, 219, 232 &c. Smith's History of New Jersey. " Minutes of Council.' —Ed. 



was of Mon- 
mouth County 
and came to the 
Province from 



330 XEW JERSEY COLONIAL DOCUMENTS. [1700 

ident of the Councill & ordered him by what means 
he could to Subdue all that oppose his authority & 
Settle the country in his Obedience oppon which Com- 
mission & orders Ml Morris hath undertaken the worke 
& threatned that he would Obtain his end (which is to 
settle Col Hamilton in the Government Notwithstand- 
ing he is in no wayes qualified for Governor) or he 
would Embrue the Countiy in Blood Complaints ware 
made to Col Hamilton and Captain Leonard against 
the saide Morris but they were so farr from disowning 
such inhumane actions that they on the contrary 
rather justified & ridiculed itt. But it went further 
then words for just as harvest began Morris & others 
gave warrants to an Indigent Shei'if to Apprehend 
severall men in Monmoth County who in their owne 
just defence beate the saide pretended Sherif to the 
Shedding of blood on boath sides Col Hamilton who re- 
sides cheifly att Burlington was sent to immediately 
who came & raised betwixt fourty & fifty men & 
armed them and marched from Shrewsbury to Middle - 
towne, to meete the Country who opposed him with 
one hundred & Seaventy men butt without armes he 
when he came up to them askedfor t wo men but they 
not being theare he withdrew his men without further 
harme butt swore biterly he would have them if above 
ground left orders with his friend Morris not to dis- 
perse ontill he had got them and then returned to Biir- 
lington the Ambition & folly of Morris being known 
to the people of Monmoth they sent to advise with 
their neighberring Countys Middlesex & Essex what 
was best & most convenient to be done who generaly 
advised to secure themselves & oppose Morris & the 
rest that assert & would endeavour to set up Col. 
Hamiltons arbitrary & illegal power & withall have 
promised assistance if ocation requires Justice Bishop 
& Dennis utterly disowns their procedings & say they 
never was att Councill butt once since Hamilton came 



1700] DTSTURBAXCES IN EAST JERSEY. 331 

and then gave no such advise to make disturbance in 
the Country but that all might remaine quite ontill we 
heard further from England we feare what may be 
event of these things you know how hot headed Mor- 
ris & Leonard are & itt may be feared their pride & 
mallis may cause great trouble if not pi-evented. It is 
the generall resolution of the Country that if they 
make future disturbance to apprehend Hamilton Mor- 
ris & Leonard & secure them ontill his Majesties 
pleasure shall be known concerning them in the mean 
time the Country desires some care may be taken of 
them & that some other person may be appointed to 
keepe the peace ontill his Majestie shall be pleased to 
send over a Governor or otherwise settle this province 
at preasant we are in great Confusion their worked in- 
struments have been so buissie in harraseing of some 
tfc haleing others to prisson who have showen their 
dislike to their arbitrary prosedings And the Country 
on the other hand are Riseing by whole townes against 
them Resolveing to putt a Stop to their arbitrary preced- 
ings although itt be with the hazard of their lives & for- 
tunes Theise Officers of theirs are so bold as to attempt 
the drinkeing of Kinge James health Others have 
given out very suspitious words which makes the Gen- 
erality of our thinkeing men be of opinion that itt is 
not for the Kings interest that any of these men 
should be in Offices we expect you will improve this to 
the best advantage for the good of the Country. 
East Jersie 3o'f' Julv 1700 



332 



NEW JERSEY COLONIAL DOCUMENTS. 



[1700 



Indictment of Sundry Persons by the Grand Jury of 
Monmouth County. 



IFrom B. T. Proprieties, Vol. 6, G 28.] 



At a Court of iiiquirie held at Slirowsberiy for the 
countie of Monmouth this twentie seventh day 
August one thousand seven hundred. 



Justices 



' Lewis Morris President H 

Samuel Leonard ^^ 

Presents Jedidiah Allan j:^- 

Samuel Denis % 

Anthony Pintard 

The grand jurie of inquirie for the present service 
wer thesse 



Alexander Adam 
Thomas Webly 
Patrick Cannan 
James Melven ' 
Petter Emley 
Samuel Hopemyre 
William Lawtone 



John Reid 
Jeremiah Stilw^ell 
John Slocum 
Thomas Hewitt 
Abiah Edwards 
John West 
John Leonard 
William Hoge 

And haveing thir ingagment Had the charge given 
them by the president Withdrew with a constable to 
attend them. 

The said jurie being called againe gave in this fol- 
lowing presentment 

August y*" 27^!' 1700 Wee jurors present Richard 
Salter John Bray James Stout David Stout Benjamine 
Stout Cornelius Compton William Boune Thomas Tay- 
lor Thomas Hankison Jacob Vandorne Arian Benjiet 
Thomas Sharp Benjamine Cook Robert Innes Thomas 
. Estal and Samuel a servant to said Salter ff or Riotously 
assembling on the 17"' day of July and assaulting 



1700] ESSEX COUNTY COURT. 333 

John Stewart high Sheriff & Henry Leonard on the 
path neer to the house of Alex": Adam Beat and greiv- 
ously wound the said persons tak ther swords from 
them brak them caryd them away and keept them to 
the value of ffive pounds money of this province In 
breach of the peace and terrour of the Kings leidge 
people Signe in behalfe of the rest by John Eeid for 
man. 
Vera Copia. p me Gav: Drummond 

Clark 



Minutes of the Court of Sessions of Essex County^ 
held at Newark. 

[From p. R. O. B. T. Proprieties, Vol. 6, G -iS. 

At a Coukt of Sessions or County Court held at 
Newark for y^ County of Essex on Tuesday y^ 
Tentli day of September 1700 

P'-sent M^ W" Sandford P'sid^ 
Cap* John Curtis ) 

M": Elias McKeilson & - Ju*.^ 
M": Theophilus Pearson ) 

The Court according to adjourm* being opened, 
Sam'! Carter appeared & demanded of the Court by 
virtue of what authority they Satt, The P'sident made 
answer by the Kings, The Court then proceeding in 
bissnese as lay before them, called one Sam" Burwell 
who was bound over to this Court by Recognizance to 
answer for his misdemeanor being for begetting a 
bastard child Whereupon the Court demanded security 
of the s'' Sam" for the maintanance of the Child, who 
Refused to give the same Upon which the Court Re- 
quired the Constable to take the s'! Sam", into Cusstody 
The Constable in the Execution of his office was sett 
upon by Thomas Johnson, Sam" Carter & Jos: Burwell 
& Severall others, The P'sident W'"Sandford pulled of 



334 



NEW JERSEY COLONIAL DOCUMENTS. 



[1700 



the bench by Abra: Hettfield & Daniel Craine <k his 
hatt & wigg hailed of his head by the s'! Hattfield the 
Gierke of the Court all soe grosely abused in P'ticuquler 
by John Luker who struck him with great vilence with 
his fist, W." Luker Jun': with a Stick & John Gierke 
tore his wigg from of his head, The P'sident allsoe 
having had his Sword Taken from him by Daniel 
Graine & broak in peices by him the s'' Daniel The 
Rest of the J ustices grosely abused, some their clothes 
torn of their backs with many other abusefull w^ords 
& actions Received from the Rabbell of Elizabeth 
Towne, The prissoner Sam'! Bm'well Resshewed out of 
the Gonstable hands made his Escape, the Gonstable 
alsoe grosely abused pulled by the haire & his staff 
Taken from him & Thrown out of doore, the P'sident 
allsoe being struck Three blows, Two of which pouches 
in the brest & one in the face. The Rabble Gonsisted of 
neere 60 horse, the Names of most of them are as fol- 
loweth 



Imp'. 

Sam'll. Carter 
John Clarke 
Sam'll. Gierke 
Tho:Clerke 
Wm : Luker Junr. 
John Luker 
Abra: Hettfield 
Isaac Hettfield 
Cornell's Hettfield 
Jos. Whitehead 
Ephram Price 
Xatt Bunell Junr. 
Abra. Baker 
Sam'll. Whithead Junr. 
Sam'll. Little 
John Ross 
Jonat. Haines 



Benj : Wade 
Benj. Wade Junr. 
Jos. Lyon 
Benj. Lyon 
Ebenez: Lyon 
Daniel Pnce 
Cha. Tucker Junr. 
Wm. Luker Seinr. 
Wra. Browne 
Moyses Thomson 
Obad: Sale 
Isaac Bunell 
John Myles 
John Craine 
Ric'd. Miller 
John Willes 
.John Radler 



Jos: Meaker 

John Meaker 

Benj. Meaker Jimr. 

Jonat Ogden Junr. 

.Jeremiah Craine 

Daniel Craine 

Benj Ogden 

Benj : Ogden Junr. 

Jos. Woodruff Weaver 

Tho : Johnson 

John Thomson 

Ja, Whithead 

Barnabest Carter 
Rob: Little 
Geo : Ross .lunr. & 
Sam'll. Potter 



ALL which and many more were present in the dis- 
turbing the said Gourt, The Sheriffe of The Gounty 



1?00] ESSEX COUNTY COURT. 335 

Robert Smith allsoe at the same time grosely abused, 
after all which dissturbance soe done and acted by 
them, The Court adjourned themselves to the house of 
M"; Theophilus Pearson the next day at H a Clock in the 
morning. The Court allsoe satt according to the time 
of adjourm' Then was Impanelled a Grand Jury being 
18 in Number all of the Towne of Newarke who was 
sworne accordingly By order of Court 

Geo. Jewell CI 

[All the documents are certified to in a similar manner, and one certificate for 
all is appended, from Thomas Gordon, Dep. Sec'y & Register. — Ed.] 



Essex in East ) 

New Jersey ( 
To the Sheriffe of the County abovesaid or his Law- 
full Deputy or either of them You are hereby Required 
in the Kings Name that you sumon Twenty foure 
good & Lawf ull men of yo"^ Bailewick soe that they be 
& api^eare imediatly before his Majesties Justices at 
the house of M'. Theophilus Pearson in Newarke in the 
County aforesaid this Twelfth day of September 1700 To 
make a Jury of Inquirey in behalf e of his Majestie 
our Soveraigne Lord the King for the due presenting 
hearing & determining of all such matters & things 
either of yo'.' owne knowledge or otherwise which to 
you shall be presented. & giv^n in Charge, & have you 
Then cV: there the Names of the persons & this receipt. 
Dated this Twelfth da}^ of this Instant September in 
the Twelfth yeare of the Reigne of our Soveraigne 
Lord William the Third King of England &>; Ann". 
Domini ITOO 

By Oi-der of Court 

Geo: Jewell Clerke 



33(3 NEW JEKSEY COLOXIAL DOCUMENTS. [1700 



East New ) The Names of an Inquest sumoned To 
Jersey j appeare before his Majesties Justices This 

12**^ Day of September 1700 as follow"' 
Imp": 

Jos: Harrison foreman Sam'll Huntington James Nuttman 

Anthony OUive John Balldwin Sinr. John Linsley 

Sam'll. Camp Jos. Peck Tho: Hayes. 

Seath Tomkins Daniel Harrisson Amos Williams 

Jabez Rogers Jasper Craine Scinr. Sam'll. Ward 

Rob: Young John Craine Edw'd. Ball 

Sam'll : Harrisson Thomas Ludington John Johnson & 

Jonat Sargent Seinr, Jos. Johnson Sam'll: Pearson 

By virtue of this writt, Jury sumoned by me 
The Jury Called & Sworne } John Morres 

& Charge given )' Dep. Sherif 

* * * * 

John Johnson of Newarke Sein': saith that Jos Lyon 
Tould him that he knew who took away the Keys of 
The prisson from the Sheriff e and that another stood by 
and see it as well as he. 

It was done by a parcell of men which came from 
Elizabeth Towne in a Riottous maner Sep* y^ 12^" 1700 
with Clubs in their hands to the house of M^ Theophi- 
lus Pearson and Demanded of him y*^ prissoner & 
asking where these pittif uU Rasskalls were that putt 
this man in prisson, & demanded him out of prisson & 
they was askt by what power they demanded him out 
of prisson, and they held up their Clubbs and said that 
was their power, Then they demanded where the 
Sheriffe was and said they would have him if he was 
above ground. 

The Complainte of the Sheriffe at y*? time & day a 
foresaid That he was satt upon by severall men of 
Elizabeth Towne iV: f orceablely Robbed of y^ Keys of 
the Prisson, & the prissoner thereupon Imediatly 
Taken out of his Cusstody. 



1700] ESSEX COUNTY COURT. 337 

John Johnson further saith that the aforesaid Riot- 
tious Company laid hands on the Sheriff e tt' forceably 
shoufed him out of doore and demanded the Keyes of 
him, and he said that he would be tome in peices before 
he would deliver them, & y' s*? John Johnson did assist 
the Sheriff e till he was by some men Taken from him. 

M' Pearson sworne 

Rob: Smith Sheriff e sworne 



Newark September | 

v^ 12*^ 1700 )' The Deposition of Zachery 

Burwell Jun" aged about Twenty one yeares and The 
Deposition of Paull Day aged about Thirty one years 
saith, That they saw the greatest part of the men of 
Elizabeth Towne here named come to Newarke upon 
the 12*1' day of September 1700 and heard them say they 
would have the prissoner out of prisson or else there 
would be blood spilt when they came up to John John- 
sons they Enquired for the Sheriffe, one tould them 
that he was at John Johnsons & they saw two men 
have hold of the Sheriff e & bring him from the house 
of John Johnson and pers waded the Sheriff e to dehver 
-up the Keyes of the prisson, & he Refusing, They gave 
out threatening words & saying the Devill Take them 
if they did not take them from him and Imediatly 
gott about him & held him & said allsoe that they 
would take him by force, & presently said that they 
had gott them, and went to the prisson doores & 
opened them & lett out the prissoner with many 
threatening words against som of the Justices, & 
further saith not 

The Depositions Taken this 12"' Day of September 
1700 before me Theophilus Pearson 



^3 



338 NEW JERSEY COLONIAL DOCUMENTS. [1700 



The Deposition of Jolm Gordner aged forty nyne 
years or thereabout saith, Vpon the Twelfth Day of 
September 1700 he being at the house of W. Theophilus 
Pearson, there came up unto his doore a greate com- 
pany of men a horse back with clubs in their hands & 
did demand of him where these pittif ul Rasskells were 
that had putt the man in prisson, Sam'? Whitehead by 
Name & Sam" Carter seeming to be the chief speakers, 
demanded where was Curtis & Sandford These 
Raskells that had Taken upon them a vserpt Authority 
but they would make them dehver him out & they 
believed that W. Pearson was one of them, & they did 
demand him to deliver the prissoner or they would 
force him, & further they would know by what power 
they putt the man in prisson, M"; Pearson tould them 
it was by a Lawful power that the man was put in 
prisson & it should be by a due Course of Law that he 
should come out. M". Pearson Tould them that if Two 
sufficient men of their Company would be bound for 
his appearance he might come out, They Tould him 
they would not, but they would take him by force & 
M": Pearson Required them in the Kings Name to let 
him alone & they said they would not, M^ Pearson de- 
manded by what power they would take him out, & 
Sam'! Whitehead held up a Club that he had in his 
hands & said by this power, and soe you say all Gen- 
tlemen, with that they held up their Clubs & said yes, 
one & all. They demanded where the Sheriffe was M'" 
Pearson toulde them he knew not They Replyed they 
would have him if he was above ground and so they 
went Towards the prisson and further he saith not 

This Deposition Taken this 12"' Day of Sep* 1700 
before me Theophilus Pearson 



IWO] 



ESSEX COUNTY COURT. 



339 



Jurors for our soveraigne Lord the King upon oath 
present many of the Inhabitants of Ehzabeth Towne 
on the l^V' Day of September 1700 came up to Newark & 
Riottiously assaulted the Sheriffe of y" County and 
f orceably took away the Keyes of the prisson, and took 
away a prissoner out of the prison Namely one Joseph 
Parmator Then in cusstody. The persons that are 
presented are these after named 

Imp'" Jos: Harrison foreman 



Sam'll. Whitehead Seinr 
Jos. Lyon 
Richard Clarke 
Ephram Clarke 
Sam'll. Carter 
Jonat Ogden Junr. 
John Gierke 
John Myles 
Sam'll. Clarke 
Aurther Loper- 
Simon Nightingall 
James Whitehead 



AbraiHettfield 
John Meaker 
Sam'U. Miller 
Jeremiah Craine 
Daniel Craine 
Isaac Bunell 
Rade Winans 
Cha : Tucker Junr 
Tho : Johnson 
Benj. Lyon 
John Tomson 
Tho: Tomson 



Benj. Wade Junr. 
Wm.Whithead 
Wm. Meaker 
Samll. Little 
Rob: Little 
Daniel Seeres 
John Luker 
Isaac Hettfield 
Jeremiah Jesop 
Benj. Ogden Junr. 
John Allen & 
Jonat Osrden Seinr. 



Grand Jury men Names at a Court of Ses- 
sions held at Newarke on Tuesday y® 30*.^ day of 
September 1700 

Thomas Hayes Foreman Benj. Balldwin 
Sam'll. Harrisson 
John Cooper 



Jos. Breum 
Anthony OUive 
Edw'd. Ball 
.John Duglass 
David Ogden & 



Jabes Rogers 

Daniel Browne 
Sam'll Allen Nathaniel Ward 

Jos. Johnson Caleb Ball 

John Allen John Clarke of Newarke Eley Lamson 

Jurrors ffor our soveraign Lord the King present 
upon oath many of the Inhabitants of Elizab .'' Towne 
as is inmitted by the Court, Riottusly Dissturbing the 
s*^ Court of Sessions sitting in their sessions in the pub- 
lick meeting house in Newarke on y". 10*'' of September 
1700 Tho: Hayes foreman 



340 NEW JERSEY COLONIAL DOCUMENTS. [1700 



Letter from, Jeremiah Basse to the Lords of Trade. 

LFrom P. R. O. B. T. Proprieties, Vol. 5, F 43. 1 

For The Right Honora'"''' The Lords Commissi* of 

TRADE &p 

May it J)l6ase your Lordships. 

His Majesty in Council haveing been pleased to Refer 
to your Lordships consideration the PETITION from 
y^ Inhabitants of the province of East Jersie &,- 

I have made bold in order to your Lordships under- 
standing more peticulerly the preasant state & condi 
tion of the said province to lay before Your Lordships 
the following transcripts or of either Letters or Ab 
stracts lately Received ^ from some of y* prinsipall In- 
habitants. & withall to tender to your Lordships my 
servis If in anything it may conduce to the settlement 
of y* onhappy people or promoteinghisMajestys inter- 
est thear, which now in this state of Anarchy suffers 
as I am credibly informed not a little by the non Ob- 
servance of the Laws that Relate to the plantation 
trade — I am 

Your Lordships most humble Serv*.* 

J. Basse 
[Received 15**^ Nov^ lYOO] 



Letter From Secretary Popple to Wm Dockivra 

[From P. R. O. B. T., Proprieties, Vol. 26, p. 348.1 

To William Dockwi'a Estj!" 

I send you inclosed by Ord"" of the Lords Commis- 
sioners for Trade and Plantations, the Copy of a Re- 



' Among them was the letter from Andrew Bowne and Richard Hartshorue dated 
July 23d, 1700, printed on pages 387-9.— Ed. 



1700] EARL OF BELLOMONT ABOUT SHIP HESTER. 341 

monstrance; that has been presented to his Majesty, 
in the name of the Inhabitants of the province of East 
New Jersey, which his Majesty having by Orders in 
Councill of the 5*'' Instant, referrd unto their consider- 
ation; Their Lordships desire you to communicate the 
same, to the Proprietors of the said Province for their 
Answer there unto, in writing, to be laid before their 

Lordships without delay. I am &? 

W. P. 
WhitehaU Novf 16'" 1700 

[No answer being received, Mr. Popple, on the 3' 
December, renews the application, stating that, if an 
answer is not received, an ex parte report would have 
to be made to the King.] 



Earl of BeUomont to the Lords of the Treasury. 

[From New York Col. Docts., Vol. IV, p. 777.] 

To the Rio;ht Honorable the Lords Commis- 
sioners of the Treasury. 
[Extract.] 
My Lords 

* * * * j^Y gg^gg jjg^g jjg^(j great good fortune in 
his tryal, upon the account of my seizing the ship Hes- 
ter at Perth-Amboy in East Jersey, to have recovered 
such great damages of the King. The ship was sold 
by inch of Candle and there was no sort of partiality 
shewed by me in that matter as Bass has most falsely 
told the world, in a printed paper he dispersed last 
Session of Parliament, among the members of the 
House of Commons, neither did I get a shilling directly 
or indirectly by the sale of that ship after condemna- 
tion; but all the mony she sold for was applied to the 
payment of the Masters and saylers wages. That ship 
at the time of her seizure was much out of repair, and 
had no sort of merchandize on board her but 28,000 
pipe staves, which were all sold by one Wooley, who 



342 NEW JEESEY COLONIAL DOCUMENTS. [1700 

was Basses Agent, to CoUonel de Peyster. Bass was 
reckoned to be happy in my seizing that ship, by all 
people here that knew his circumstances. The dis • 
course was among the merchants here that he had im- 
bezzled his brother in law, Mr. John Loftnings cargo, 
which that ship brought from England, valued at £800, 
and by that means .M' Lofting became bankrupt. The 
ship lay at Amboy near a year before Bass could 
freight her, and then neither was he able to freight 
her otherwise than with a paultry loading of pipe 
staves, which at £3.00 per 1,000, which is the common 
price, New York mony too, is but £98 this monv, and 
not much more than £70 sterling. So that with what 
conscience such extravagant damages were awarded 
for that ship and her loading of pipe staves, is more 
proper for your Lordships inquiry than mine. 

A most violent storm that happen'd here the 29"' ['!!] of 
Nov'^ at night drove all the vessels in this harbor from 
their Anchors and damnified most of them, and this 
ship among others which carries my packets, and de- 
layed here a week longer from sailing; which gives me 
the opportunity of sending your Lordships Collonel de 
Peysters affidavit, sworn before the Mayor of this City 
with the seal of the City affixed to it; which will satisfy 
your Lordships of the many falsities alledg'd (and for 
ought I know sworn) about the value of the ship Hester 
and of her pretended Cargo. Collonel D'Peyster is a 
very honest upriglit man, and Bass on whose credit 
that tryal about the Ship was chiefly engaged into 
by the Proprietors of the Jerseys, is a known profligate 
fellow and remarkable for lying. 
I am with respect 
My Lords 

Your Lordships most humble 
and obedient servant 
Bellomont 

New Yorke 
Nov^ 23^^ lYOO 



1700] WM. DOCKWRA ABOUT THE E. J. REMONSTRANCE. 343 



Memorial from Jeremiah Basse to the Lords of Trade. 

IFrom P. R. O. B. T. Proprieties, Vol. 5, F 4S.1 

Mein^ from M'* Bass relating to y® present State 
of y® Jerseys. 

To THE Honorable the Lords Com" of the Coun- 
ciLL of trade &f 

May it please your Lordships. 

The continued advises that by every Ship is sent 
home of the distractions and Anarchy of the Jersies 
Ocations me in all humility to Request Your Lordships 
Speady care of them his Majesty hath been graciously 
pleased to refer their case to Your Lordships Consider- 
ation & I hope Your Lords'"'''' will pardon me if on 
their behalf I intreat you to be speady in the takeing 
such measurs as to your Wisdoms shall seeme most 
proper for their Relief e and Setlement. & in order 
theareunto that the proprietors be Commanded to 
bring in a Speady Answer to the Petition Refered to 
Your Lordships Consideration, 

Your Lords'!!'"* most humble Ser" 

J Bass 
[December 3'^ 1700] 



From William Dockivra to Secretary Popple. 
Lre from M'' Dockwra promising an Answer to the 
Lre lately writ him w*^ a Remonstrance ab*^ y® 
state of y® Jerseys. 

Worthy Sir 

I received yol letter yesterday, and have com'unicated 
it to some of the Proprietors who have desired you will 



3+4 XEW JERSEY COLONIAL DOCUMENTS. [1700 

please to acquaint the Hon^l* Boord, that theire Answer 
to J" Remonstrance & Peticon (of those Seditious com- 
plainants from E. Jersey) has been ready these 6 or 7 
dayes; but there being Another paper to be also laid be- 
fore theire Lo^Z^ w*'*' is to be signed by certain Members 
of the Province of West Jersey as well as East Jersey, 
the difficulty of getting y'" together is such, as takes 
upp so much time (severall of them Hving in the 
Country) that I could not have y^ closed fitt for de- 
livery, till another meeting w''*' was appointed (before 
I had the favour of yo'"^) to be tomorrow evening, and 
I hope on Monday we shall bee able to dispatch them to 
attend their Lo^** there haveing been no delay in any 
thing relating thereto, w'!' in the power of 



Sir, 



Yo'.' most hum"!" Serv' 

Wm Dockavka 



-.-bw 7 



RM) 



Ansiver of the ProjJrietors of East Jersey, to the Re- 
monstrance of the Inhabitants referred to them. 

To THE Right Hon^^^ the Lords Commiss? for 
Trade & Plantations. 

The Answer of the Pru])riet'f of East New Jersey 
in America to the Remonstrance and Petition 
lately prseiited to his Maj*f in the name of the 
Inhabitants of that Province.^ 

The Propriet':" humbly acknowledgeing yo' Lord- 
ships favl" and Justice, in allowing them a Copy of y' 
Accusation against them, and time for makeing theii- 



1 See Page 3a:i.— Eu. 



1700] E. J. PKOPRIETORS' ANSWER TO REMONSTRANCE. 345 

defence to it, and reserving to themselves the benefit 
of a further defence after they shall have transmitted 
this Remonstrance to, and received an Answer from 
the Govern^ of that Province; for present Answer to 
the same, in Obedience to your Lordships Com'ands, 
they say, and humbly hope to satisf ye Yo' Lordships, 
that this Complaint is not sent from the v^hole body, 
or any Considerable Number of y' Inhabitants there, 
but from a few factions and Mutinous people, im- 
patient of any Government; and doth not proceed from 
any just cause administred by the Propriet'? or their 
Govern!!! or Agents, but from a designe of these men 
to deprive the Proprietors of their Eight to the Soyle 
and Quit-Rents of the Province derived to them by 
Grants from the Kings of England, and purchased by 
them with great sumes of money; and to strip his 
Maf ^ of his Regall Right to that and other Plantations 
and to render them independent of the Crowne. 

In order to justify which Assertion, y? Proprief." 
crave leave to premise to yo.'' Lordships, that by the 
Law of Nations Kings and Princes have a Right to all 
Savage Country's either Conquered or discovered by 
their Subjects, and to dispose of them at their pleasure. 
In pursuance of which Right the American Coun- 
try's (whereof East New Jersey is part) being first dis- 
covered by the English in the Raign of King Henry 
7^'' and afterwards more fully in the Raigne of Queen 
Elizabeth, have ever since, by Vertue of Letters Patents 
from that Queen, and the Succeeding Kings of Eng- 
land, been granted to Planters under small Quit Rents 
payable to the Crowne, or Its Grantees, And though 
the Kings of England and their Grantees have per- 
mitted, and sometime Encouraged the Planters to 
purchase the Soyle from the Indians, (which they doe 
for trifles) yet that method was not used of necessity, 
or for defect of sufficient title in the Crown, or Its' 
Grantees; but merely to avoid wars with the Savage 



34:6 ]S"EW JERSEY COLONIAL DOCUMENTS. [1700 

Natives, who were formerly more Numerous there 
than the Enghsh, and with a prospect to bring them 
over by such Gentle Usage to the Christian ffaith. 
neither is this method of purchasing from the Indians 
Universally practised in all his Majestys Plantations, 
and not at all in those of Virginia and Maryland, the 
Planters there sitting downe by Vertue of the Govern" 
Warrant only, without the Leave, or Consent of the 
Natives. 

The Proprietors acknowledge that the late King 
James who when Duke of York, was the first Grantee 
of this Province from King Charles the Second, and 
the Lord Berkley S'' George Carteret and the present 
Proprietors Claiming under him, have for the reasons 
above mentioned generally, by themselves, or by Licen- 
sing y*" Planters to doe soe, purchase the Soyle from 
the Indians, and afterward confirmed the same Lands 
to the Planters by Patents or Grants from the Pro- 
priety.* under small Quit Rents. This was the method 
of granting Lands within this province from the first 
planting It, and the Grantees usually paid their Rents 
till some of the Planters broached and advanced an 
Opinion, that the Kings Right to the American Coun- 
try s discovered by English Subjects ivas only Notionall 
and Arbitrary, and, that the Indian Natives are the 
Absolute Independent Owners and have the sole dis- 
posall of them, In Consequence of which Opinion some 
of the Pet'^'' who after their Purchase from the Indians 
took Patents of the same Lands from the Proprietors 
for the time being, now refuse to pay their Quit Rents, 
and others of them who have lately made purchases 
from the Indians, refuse to take Patents from the Pro- 
prietors, If this Notion receive Encouragement, and 
prevail, the proprietors are advised that all pretences 
of the Crown to, and their Grants of the American 
Colonys, have been wholly illusory, and Royall ffrauds; 
and the Pet"^* may, and in all probability, will, deny 



1700] E. J. PKOPRIETORS' ANSWER TO REMONSTRANCE. 347 

his Maj*^^ Eight to the Government, as well as to the 
Soyle of those Countrys, & set up a Government of 
their own, which the Proprietors hope your Lordships 
will think It worthy yo"" consideration to prevent. 

These matters of fact being promised, & ready to 
be proved by them, the proprietors humbly conceive 
that the severall Articles of the Pet" Complaint are 
pregnant of such a designe, as will appear by a par- 
ticular examination of them and Answer to them. 

Toy'" 1^.* 5es^f?esthedisingenuityof itsbeingagenerall 
Accusation without descending to particular Instances; 
the Pef.^ have stated the Case partially, and concealed 
the principall matters upon which the merit of It de- 
pends; and therefore the Propriet'.^ to set it in a true 
light, humbly acquaint your Lordships, that though 
Coll Richard Nichols was in One Thousand Six hun- 
dred Sixty four Govern^ of this Province under the 
then Duke of York, he had no power by his Com'ission 
to grant Land, and if he had such power was deter- 
mined above five Months before he made any Grant to 
the Pef.* (which was in December One Thousand Six 
hundred Sixty four) the Duke of York having in the 
month of June preceding granted this Province to the 
Lord Berkley and S' George Carteret, And y" Licenses 
granted to the Pet? by Coll Nichols then, and by the 
Proprief.* since, were expressly under a Condition to 
hold the Lands So purchased, of the Propriet'"* by 
Patent, and a Certain Rent; and all Claiming under 
the Licence of Coll Nichols actually took Patents of 
the same Lands at certain Rents, as by the Records 
thereof appears, which y*" Pet'® have artfuUy forborn 
to mention, and rely wholly on the Indian title, And 
though the Proprietors might in strictnesse of Law 
have avoided the Patents granted by Coll Nichols for 
his want of sufficient Authority to make such Grants; 
yet the Proprietors Offered to confirm those crazy titles 
and never molested the Pet'.^ in their possession, till they 



348 XEW JERSEY COLOXIAL DOCUMENTS. [1700 

refusing to pay their Quit Rents, the Propriet'.^ as they 
were advised was lawfull for them to doe distrain'd 
upon some of them who had Patents, and brought an 
Ejectment against one Jones who had noe Patent, nor 
would take any, and therefore could not be prosecuted 
in any other manner, in which Action the Jury being 
all Planters gave a Generall Verdict against the Pro 
prietors Contrary to y^ direction of the Court, and the 
consent of the CounciU on both sides, who had agreed 
upon a Speciall Verdict. 

To y'' 2'! This Article being hkewise Generall, the 
proprietors can make no direct Answer to It, but to 
Obviate any particular Instance that may be hereafter 
partially represented to yo"" Lordships, the Propietors 
humbly acquaint yor Lordships, that when the Pro- 
prietors or their Agents grant a Licence to purchase 
Lands of the Indians, they usually Oblige the Grantee 
to purchase a Certaine Tract agreed upon, and to allow 
the Purchaser a certain Portion of It to his own use, 
and take the rest of It to the use of the Proprietors: 
This was done in the case of one John Royce a great 
Asserter of the Indians sole Right, and a Ringleader 
of that faction, He had a Lycence from the Govern^ to 
purchase, and by vertue of it did purchase a large 
Tract of Land from the Indians, containing about 
Twenty Thousand Acres, and had about Six Thousand 
Acres of it allowed and granted to him by Patent from 
the Proprietors at five Pounds Yearly Rent. The Rest 
of It has since been set out to the use of three of the 
present Proprietors, and been reputed their particular 
property for severall Yeares; but now Royse puffed up 
with y*^ Notion of the Sole Right of the Indians, and 
of noe Right in the King, and his Grantees, refuses to 
pay his Quit-Qent for the Lands patented to him, and 
Under his Indian title Claimes aU the Lands he bought 
of the Indians though soe great a part of it was brought 
for the use of the Proprietors. 



1700] E. J. proprietors' ANSWER TO REMOXSTRANCE. 349 

To y^ 3^1 This Article is particular, but notoriously- 
false, for King James haveing some Months before the 
late happy Revolution, Seiz'd the Government of this 
and the neighbouring Provinces, and put them all 
Under the Com'and of S*" Edmond Andros, the proprie- 
tors durst not Exercise any Government over East 
Jersey, and S' Edmond Andros being upon the 
first news of the Revolution, imprison'd at Boston, 
All those American Colonys were in great Confusion 
for some time, but when the Government of England 
was setled, and the Proprietors restored to their former 
Right, the Proprietors first appointed John Tatham 
Esq"", and afterward Coll Dudley' (now Deputy Govern, 
of the Isle of Wight) to be Govern"".* of this province, 
whom the people Scrupling to Obey, the Proprietors 
appointed Coll Hamilton to be their Govern.'"; who was 
Accepted by them, and Administred the Government 
Doth Civill and Military severall years to the Generall 
satisfaction even of the Pef".* themselves, The Proprie- 
tors insist they ought not to be Answerable for the 
Vacancy of Government Occasioned by King James 
his seizure of it, or by the Peoples refusall to Obey 
M.' Tatham and Mr Dudley whom the Proprietors had 
Commissionated, and if this could be imputed to the 
Proprietors, the Pet? had shown more Duty to the 
King, and Lesse Malice to the Proprietors, if they had 
been Earlier in their Complaint, and not have deferred 
It for Seven Years after the Offence (If It be one) com- 
mitted. A Militia has been long established in the 
province, and Mustered and Exercised four times 
every Year, and by a Standing Law there every In- 
habitant is Obliged to provide himselfe with a Gun 
well fixed, sufficient Powder and Bullet, Under the 
Penalty of a fine whensoever he is found without them 
They confesse they have not provided Arms or Amu- 
nition for this Militia, because y' King himselfe doth 
not provide them for the Militia of England, or of his 



350 NEW JERSEY COLONIAL DOCUMENTS. [1700 

own Colony of Netv York. As to the latter part of 
this Article y*^ Propriet" declare they have some times 
caused Lands to be Surveyed before they purchased it 
of the Indians, which is no damage to the Indians but 
they never pretended to settle any Lands till after the 
purchase of It, from the Indians; nor did the Indians 
of their own accord make any Complaint, but have 
been influenced to doe soe by the Petition? that they 
may have a Colour to defraud the Proprief;* of their 
Quit-Rents, and bring their title from the Crowne into 
ContemiDt, 

To y*" i*.*" The Proprief.' acknowledging that Coll 
Hamilton a Native of Scotland being Govern.'" of East 
Netv Jersey, when an Act of Parliament in the Seventh 
& Eigth years of his now Majesty's Raign, intituled, 
An Act for preventing frauds & Regtdateing 
abuses in the Plantation TracZe, was made, they were 
by some Expressions in that Act, misled into a belief, 
that a Scotchman was disabled to Execute the Office 
of Govern?" and therefore to avoid Committing any 
Offence against that Act, did Constitute Jeremiah 
Basse Govern?" of this Province, who being presented 
to, and as M' Basse informed them, approved of by 
his Majesty, the Proprietors in confidence thereof, 
wrote such Account of It to the Inhabitants as is Sug- 
gested by this Article; But Mi" Basse haveing noe In- 
strument in Writing Expressing the Kings Approba- 
tion, was opposed in his Administration by many of 
the Inhabitants, and amongst others, by some of the 
now Pet"".^ and Coll Hamilton came over to England 
about his own private affairs. After whose Arrivall 
the Proprief".* having the Opinion of his Majesty's At- 
torney tfe SoUicito?" Generall of this Kingdome, thcd 
Scotch men were Naturall Born Subjects of England 
and not disabled to Execute the Office of Govern'" and 
receiving an Addresse from great Numbers of the In- 
habitants representing the Abilitys and Acceptable- 



1700] E. J. PEOPRIETORS' ANSWER TO REMONSTRANCE. 351 

nesse of Coll Hamilton in that Station, which MI 
Basse had left, and returned to England, and praying 
Coll Hamilton might be restored, the Proprietors Con- 
stituted him Govern!' by a new Commission, & en- 
deav'ed to Obtaine an Approbation of him by the 
King, but his Majesty haveing a httle before that time, 
by advice of Your Lordships, dii-ected a Tryall at Law 
for deciding the Right of Goverment, Your Lordships 
Scrupled to admitt a positive Approbation of him, be- 
cause it might seem an Ownmg of the Proprietors 
Title then in Question; Yet were pleased to declare, 
that yor Lordships did not intend it as an Inhibition to 
the Proprietors from Exercising y** Government till 
the Right was determin'd, (being very Sensible that 
the Country could not Subsist m peace without It) and 
that Coll Hamilton governing according to the Laws 
of England, the Proprietors would be safe in Com'is- 
sionating him, and he in acting mider their Com'ission. 
This was Communicated by Coll Hamilton at his Ar- 
riuall there, to the Inhabitants, who were generally 
inclined to Obey him, but the Petif.'* entertaining a be- 
lief that if the Government be Evicted or taken from 
the Proprietors, their Interest in the Soyle and Quit- 
Rents, which are their Civill and personall Rights, 
must fall with It, laid hold of this want of the Kings 
Actuall Approbation of CoU Hamilton, Of)posed him 
with Amies, and now Arraign the Proprietors of ne- 
glecting to provide for the Government, which them- 
selves have rejected. 

The Prop7'ietors conceive the latter part of this 
Article deserves no particular Answer, being fully 
cleared by the Opinions of the Attorney and SoUicitor 
Generall; and therefore only offer to youi' Lordships 
Consideration, that the Secretary and Attorney Gen- 
erall of this Province, and the Clerk of the Supreara 
Couit mentioned by the Petition"".* have been many 
yeares. Inhabitants theie, and though they are Scotch- 



352 XEW JERSEY COLONIAL DOCUMENTS. [1700 

men by Nation, are Englishmen by their Interest, 
having embarked their whole Estates in the Prosperity 
of this Colony. 

The Proprietors hopeing they have fully answered 
the Petition" Remonstrance, wherein they humbly 
Submitt to Yo." Lordships Judgment, now crave leave 
to Acquaint your Lordships, that they and y'' Propriet" 
of West New Jersey had before this Complaint arrived 
Unanimously agreed to Surrender the Government of 
both Provinces to his Maj*^, Under such termes, and 
Conditions as they are advised are proper, and this 
Remonstrance now makes necessary, for preservation 
of their Civil Rights, which proposalls they are ready 
to deliver to yo' Lordships, and doubt not yo' Lord'pps 
Approbation of them. 

Signed by Order & on behalfe of y" Proprietors of 
the Province of East-New-Jersey. 9? x^"" ITOO. 

W** DOCKWRA, 

Seer & Regi 



Jeremiah Basse to the Lords of Trade. 

[From P. R. O. B. T. Proprieties, Bundle E & F, 51.1 

Meml from M^ Bass, desiring a cop)^ of the answer 
of y^ Proprietors of East New Jersey to the 
Remonstrance of y^ s^ Province 

To 

The Honora'"." the Lords Comis^^ of Trade and 
FoRREiGNE Plantations 

May it Please your Lordshi^." 

Being informed by some of the Proprietors that they 
have not onely put in an Awnswer to the Petic'on 



1701] J.BASSE WISHES A COPY OF PllOPRIETOKs' AXSVVEK. 3oH 

preferred by the Inhabitants of the Province- of East 
Jersie against them but that they have also (on termes) 
proposed to Surrender the Government to his Majesty, 
I would in the behalf e of the Saide Inhabitants humbly 
Request of your Lordships that a Coppy of the saide 
Awnswer &c. may be deliuered that On their behalf e 
I may endeavor to procead to proue by Oath the Alle- 
gations in the saide Petition If by them denied And 
be enabled to make a,ny reasonable Objections against 
the Saide termes of Surrender If inconsistent eithei- 
with the Interest of his Majesty or the Proper tys of 
the Saide Inhabitants, & your Orators on their behalf e 
Shall humblie &c. J. Bass 



Secretari/ Popple to William Docktvra, asking for the 
tranmiission of the proposed surrender of the gov- 
ernment of East Jersey. 

[From p. R. O. B. T., Proprietors, Vol. -ZQ. p :«8.| 

To W? Dockwra Esq": 

The Answer of the Proprietors of East New Jersey 
to the Remonstrance and Petition of the Inhabitants of 
that Province having been read to the Lords Commis- 
sion" for Trade and Plantations. Their Lord"?* have 
Commanded me to dessire you to lay before them the 
Proposals relating to the Surrender of the Government 
both of East and West New Jersey which you mention 
in the end of the said Answer That they may have the 
whole matter before them, in order to their Consider- 
ing the Same and Repc^rting thereupon as they shall 
find necessary. 

Whitehall / ^r p 

Decemb": 17, ITou \ ' ' 

34 



354 NEAV JERSEY COLONIAL DOCUMENTS. [1701 



Report of Colonel Roemer to the Earl of Bellomont, on 
the Harbor of Neiv York. 

[From N. Y. Col. Doc'fcs., Vol. IV., p 830. Translated from the Dutch.! 

My Lord. 

Pursuant to your ExcelP'®' verbal order of the 7^" of 
December 1700, to measure the distance across the 
Narrows and to sound the depth of water there, as Avell 
as in a second arm of Hudson's river, called the Coll, 
between Staten Island and East Jersey, and to ascer- 
tain whether any ships and bombketches could come 
around by Amboy and consequently attack the city of 
N. York: item, to select a couple of places both at the 
Narrows and the Coll, where suitable fortifications 
could be erected^ and the enemy thereby be forestalled 
in his undertakings, I on measuring the same, have 
found the distance between the heights {hoof den) to 
be one and ^ mile English in breadth from shore to 
shore. 

In regard to the depth of water, I find across from 
Long Island to Staten island 4. 4. 4. 4^: 6. 11. 12. 13. 
12. 9. 6. 6. and 5 fathoms right under the shore of the 
aforesaid Staten island. By the second sounding f I'om 
Staten Island to Long Island f of a mile farther south, 
where the river is narrowest, I find right under the 
shore, 5, 6, 12, 14 and 15 fathoms in the deepest part 
of the channel; this depth then falls off immediately 
to 6, 2 and 1^^ fathom of water where there is a Bar 
(riff) -j-" which, with a point noi-therly towards N. 
York, runs into Long Island and westerly l-(i part 
across the Narrows, and S. S. E. towards Sandy Hook 
runs past Long Island hook where it shoots around 
E and E by North {Oen O by N) 



1701] REPORT ON HARBOR OF NEW YORK. 355 

Now for the fortification of the Narrows, I am of 
opinion that there ought to be, both on Long, and 
Staten Island, a sufficient Battery with a good Redoubt 
on each height, inclosed with proper lines of defence 
communicating with the respective Batteries, and that 
each be furnished with 3() guns carrying 18a24 lbs ball. 

In regard to the other branch of the Hudsons river, 
called the Coll, between Staten Island and East Jersey, 
I have sounded it from Amboy up to Tompsons point 
and Elizabeth town and find from Amboy to the 
above named points 8, 7, 6, 5, and 4 fathoms of water, 
it then become shallow with a very crooked Channel 
-f" having no more than llal2 feet of water at spring 
tide, so that a ship can indeed come up as far as 
Tompson's point aforesaid, but with difficulty, because 
the river runs narrow and crooked. In order now, to 
hinder the approach of any vessel, I am of opinion that 
it can be effected by the erection of a battery on Schut- 
ter's island 12 or 13 miles from New York; with this, 
it is impossible for any ship, sloop or boat to run up 
or down. 

I consider myself bound particularly to submit to 
your Excell';^ the great importance of Sandy Hook, and 
entertain that opinion, because reason and the Rules 
of War agree, that an enemy must always be kept as 
far off as can possibly be done, that a good block house 
and other fortification ought to be erected on the afore- 
said Hook, as they would be very useful there, the 
channel and entrance being very narrow, and vessels 
on that account must pass immediately under this 
Hook, whilst the East banks lie sheer by and over the 
Hook running up to the North and East, and it is 
therefore very dangerous. For these reasons a good 
Blockhouse and Fort of 50 guns might answer, and 
j)revent any enemy coming by water into my bosom, 
and oblige him to stand out to sea on a dangerous 
coast. 



;J5G NEW JERSEY COLONIAL DOCUMENTS. [1701 

Further and lastly, an inclosed battery of 12 or 13 
guns ought to be erected at the narrowest part of Hell- 
gate, to prevent the entrance of an enemy at that point 
also. 

All this being done, I am persuaded an enemy will 
bethink himself a hundred times before he will under- 
take any attack on New York. 

(Signed) W. W. Roemer 

New York January 13"' 170^ 



Mr. Edward Randolph to the Lords of Trade. 

[From P. R. O. B. T., Proprieties, F 69, Vol. 5.] 

M^ Randolph's Abstract of some papers, set- 
ting forth the Misdemeanours & male Ad- 
ministration of Gov*? in y® Proprieties & Char- 
ter Gov^*" in America. 19*** Feb'7 |?oo 

(Extract.) 

East & West Jersey. 

The Proprietors have right to the Soyle, but not to 
the Governm of those Provinces, The Quakers are 
now contesting for Coll Hamilton their present Gov- 
ernr tho' not allowed off by his Maties Orders in Couii- 
cell, as the Law directs; The Countrey is too large, 
and the Inhabitants too few to be continued a Separate 
Governm* therefore East Jersey ought to be annexed 
to N: Yorke, and West Jersey to Pensilvania, and the 
three lower County es which will make a considerable 
and usefull Governm' 



ITOl] ACTIOX ox IXHABITANTS' REMONSTRANCE DESIRED, oo' 



Memorial of Jeremiah Basse to the Lords of Trade 
asking for a consideration of the Remonstrance of 
the Inhabitants of East Jersey. 

[From P. R. O. B. T. Proprieties, Bundle E & F, 70.] 

To the Rio-lit Honoi-^'*^ The Lords Cominis''^ of the 
Coiincill of Trade <fec. 

The Memoriall 

Of J, Bass ill l)eha]fe of the Inhabitants of his 
Majesties Pro*'^ of East New Jersie in America. 

May it jolease Your Lords^T 

The negligence Procrastination & Delays of the 
Proprietors ocations nie with all humiUty to Intreat 
your Lordships to procead to A consideration of the 
Petition of the Inhabitants of the saide Province re- 
ferred to you by his Majesty & appoint some time 
when the Proofs of the saide Petition as far as it relates 
to matter of fact may be laide before you. This my 
Lords I am Emboldened to Request from the pressing 
necessity s of that distracted province amongst whome 
the currant of the law^s are Stopt & not the Shad do w 
of Gouernment remaines as by late advices I am cred- 
ibly informed and the Kings interest in this State of 
Anarchy by the total neglect of the Plantation law^s 
considerably Suffers I hope your Lordships will pardon 
this repeated Solicitation from 

Your Lordships most humble Sei' 

J Bass 
London Feb'?' 2^- \f^l 



358 NEW JERSEY COLONIAL DOCUMENTS. [1701 



Crimes and Misdemeanors charged upon the Governors 
of the Proprietary Governments in America. 

[From P. E. O. B. T., Proprieties, Vol. 6. G. 3.1 

Articles of High Crimes: Misdemeaiioui-s 
Charged iijioii the (Tovernoiirs in the Severall 
Proprieties, on the Continent of America, and 
Islands adjacent. 

Bahama Island^. Pirates entertained there, and 
illegal Trade maintained, and carryed on by the In- 
habitants. 

Every the Pirate, and his men were entertain'd when 
Collonell Trott was Governour of Providence; and had 
liberty to depart, or stay there upon their Giveing 
Bond of 1000£ to appear when called some of those 
were bound, One, for another. They carry from those 
Islands the Brazillett, and Other dying Woods to Cur- 
riasaw. 

Colonell Nicholas Webb his Successor was a cruell 
oppressor, and Imprisoned his Maties Subjects at pleas- 
m-e, by which means, he Gott a great Deal of Money, 
And They, and their Families Avere Ruin'd. Read 
Elding the present Governour, stands charged wV' Pi- 
racy lately committed upon a New England Vessell 
richly Loaden, bound from Jamaica to Boston. 

He Tyrannically beat and Wounded M!' Thomas 
Gower, the Present Secretary, and Soon after kept him 

in Prison IT dales. 

He seized, and condemned, the Small Vessells belong- 
ing to the Inhabitants haveing made Packer, one of 
Every's men, (and his Brother in Law) Marshall. 

Dolton a Red Seaman is Judg, and Warren another 
Red Seaman his Attorney Generall. They have sold 
y° Vessells and put the money in their Pocketts. 



i701J CHARGES AGAINST PROPRIETORY GOV HKNMKNTS. 359 

South Carolina. — 70 Pirates were entertain'd 
there, about 8 years ago. 

Mr Archdale the late Governour Harboured Pirates, 
he countenanced Day the Master of a Bristoll Ship, to 
defraud his Owners of Vessell & Loading, And after- 
wards Day being bound to the Red Sea W. Archdale 
provided for him a Moschetto Engine, against his 
Masters's Will to catch Fish for his Voyage. 

He gave his permitt to Simon Tristrant, a French- 
man born, Who Imported a rich Loading of Wine, 
Sugars, and Cocoe, to sell his Vessell, and Cargo for 
which he was well paid. 

M.'" Joseph Blake late Governour Deceased, was a 
Great Indian Trader, and Took Barrells of Powder, 
in the Late French Warrs and Sent them by his Agents 
to purchase Skinns of the Indians, having but 4 bar- 
rels in the Store, All which was purchased for defence 
of the Country. 

He caus'd Some Vessels, and their Loading to be 
Seized and Condennied upon pretence of their Acts of 
Trade, and getting them to be apprized at half ye 
valine, he and his Accomplices gott them into their 
Hands, Denying to y'' Owner's appeals to his Ma'tie in 
Councill. 

He caused other Vessells to be seiz'd upon the same 
pretence and upon Private Contract with the Masters 
to pay him half ye valine of their Vessels (which they 
did) he discharged their Vessels, defrauding his Ma'tie 
thereby of his Third part w"' mith many other like 
misdemeanors committed by him. 

North Carolina. — They have no Settled Gov- 
ernm* amongst Them. About 4 years ago the Swift 
Frigott being Drove out of Virginia by Stoi-m and 
comeing aShoar upon the Sands in that Province the 
Inhabitants Robb'd her, and Fired Great Gunns into 
her and Disabled her from Getting off. The Chief 
Offender was. Banished onely. Tis a place which Re- 
ceives Pirates, runaways, and illegal Traders. 



OriO XEW JERSEY COLONIAL DOCUMENTS. [1701 

Maky-land. — His Matie took the Governm! of 
That Province out of the Hands of the Lord Baltamoie 
the Proprietor, because Colonell Talbott his Governour 
inurther'd the Collector of his Ma'ties Customes in 
Cool Blood. 

The Three Lower Counties on Delaware Bay. 
Mr. Penn usurps Government, and laies Taxies upon 
his Ma'ties Loyal Subjects inhabitting There. 

There were, not Long Since Two persons Try'd & 
Condemned the Judges, and Juries not being Sworn, 
and afterwards executed in those Counties. 

Pensilvania. — Another person was Try'd, Con- 
demned, and Executed in M' Penn's own Province, the 
Judg, and Jury not being Sworn. 

It has been, and still is y' only receptacle for Pirates. 
& illegal Traders. 

M'^ Penn in Defyance of ye Authority of y'' Court of 
Admiralty there erected. Has appointed a person to 
Execute y' Office of Marshall by Warr^ under his hand 
and Seal. 

I was made a prisoner by M": Markham (M"" Penn\s 
Governour) because I would not Deliver to him Two 
Bonds, one of 1000£ the other of 500£ Forfeited to his 
Ma'tie, which I had Given Orders to be put in Suit. 

Mr Penn about Octo'" last intercepted, and detained 
Letters, and Packetts, from the Commissioners of the 
Customes, to Mr. Birch their Officer at Newcastle. 

He likewise charged Mr. Swift bound from Pensil- 
vania to England, who M'" i*enn knew had letters 
from the J udg of the Admiralty in Pensilvania for the 
Said Commissioners, not to Deliver them till one month 
after his Arrivall. 

Provinces of East and West Jersey. — 
They are all in confusion for want of Governm' and 
liumbly pray to be taken undei' his Ma'ties immediate 
Governm* and Protection. They likewise receive and 
harbour Pirates. 



i;()l] CHARGES AGAINST PROPRIETOHY GOVERNMKXTS. lUil 

Colony of Connecticott. Receive and coun- 
tenance illegall Traders and Lately intended to 
Oppose with Force persons Legally impowr'd to Seize, 
& Carry away Prohibited Goods in Order to be Try'd 
in his Ma'ties Court of Admiralty at New York. 

Road Island. They have all along Harboured 
Pirates. Walter Clark, the late Governour, refused to 
Take y'* Oath enjoyn'd by the Acts of Trade to be 
Taken by all Governours &!" 

Samuell Cranston the i^resent Governour, openly 
opposed the Authority, of the Court of Admiralty, 
Order'd by Act of Parliament to be There erected. 

Province of the Massachusetts Bay.— They 
liaveing obtained a new Grant, made voyd, and 
destroyed all those Laws made not long before, for the 
Maintainance, & Support of his Ma'ties Governours of 
That Province, on purpose to Discourage Gentlemen 
of Honoui- and abillities to Serve his Ma'tie in that 
Country, haveing thereby made that Government pre- 
carious only. 

They inrich themselves by their continued breach of 
the Acts of Trade, Some Of the Members of ye Council 
being illegal Traders, sitt Judges in ye Courts upon 
Tiyall of Seizures for his Ma'tie, and do likewise deny 
Appeals to his Ma'tie in Councill, to those who are im- 
l)0w'red, and directed to prosecute them. 

They have likewise Turn'd out M!" Byfield a man 
zealous for haveing the Acts of Trade duly executed, 
who by Commission under the Great Seal of y' Admir- 
alty was Judge of the Court of Admiralty in That 
Province. And made M'' Waite Vv^inthrop (a small 
Practitioner in Physick) to be Judge of That Court 
Tho' in no Sort qualifyed for y" Office instead of Ml' By- 
field against whom they had nothing to Object. Some 
of the First Pirates I ever heard of in the Northern 
Plantations wei-e sett out from Boston who brought in 
a Great deal of Riches from the Spanish Plantations 



362 NEW JERSEY COLONIAL DOCUMENTS. [1701 

Province of New Hampshire. Mr William Part- 
ridge the present Lieu' Governour, and Severall of 
the Inhabitants of that Province are Notorious, illegall 
Traders. 

humbly Offered 

by Ed?. Randolph. 
March. 24: 
iroO: [1701] 



Proceedings of Court of Sessions of Monmouth County 
at Middhtoivn, relative to the putting Sundry Of- 
ficials under guard. 

[From P. R. O. B. T. Proprieties, Vol. 6, G 28.] 

At a Court of Sessions held for y® County of 
Monmouth at Middletowne in y® County af ores'* 
&> province of East New Jersey, March 25 1701. 

Being present f Coll Andrew Hamilton Governour 
Lewis Morris \ Esq'"''^ of y'' 
Sam"-.^ Leonard C Gover' Councill 
Jedidiah Allen j T-,^.,Ypq 

1 Sam^'' Dennes ) Ji^^^i<='®s 

The Court being opened one Moses Butterworth who 
was accused of piracy (& had confessed y' he did sail 
w"' Cap' William Kid in his last voyage when he came 
from y*:' East Indies & went into Boston with him) & 
was bound to make his appearance at this Court y* he 
might be Examined & disposed of according to his 
Maj"f* orders the s'} Butterworth was Called & made 
his appearance & when y*" Court was Examining him 
one Sam" Willet In holder said y' y'' Gover^ & Justices 
had no authority to Hold Court & y*^ he would break it 
up & accordingly went down staires to a Company of 
men then in amies & sent up a Drummer one Thomas 



1701] PROCEEDINGS OF MONMOUTH COURT. 363 

Johnson into y'' Court who beat upon his drum &, 
severall of ye Company came up w"' their armes & 
Clubs w*^'' together w"' y*^ Drum beating Continually 
made such a noise (notwithstanding open proclama- 
tions made to be silent & keep y*" Kings peace) y' y" 
Court Could not Examine y* prisoner at the Barr & 
when ther was as y^ Court Judged betwixt 30 & 40 
men Come up into y*" Court some with their armes & 
some with Clubs two persons viz: Benjamin Borden & 
Richard Borden attempted to Rescue j ® prisoner at y' 
Barr & did take hold on him by y'' armes & about y^ 
midle & forct him from y*" Barr y"" Constable & under- 
sheriff by y'' Command of y'' Court apprehended y*" s"^ 
Borden upon w'^'' severall of y'' persons in y'" Court 
assaulted y'' Constable & undersheriff (the Drum still 
beating & y"" people thronging up Staires w"' their 
armes) & Rescued y'" two Bordens upon w'^'' y° Justices 
& Kings Attorney Generall of the province after Com- 
manding y'^ Kings peace to be keept & no heed being 
given thereto drew their swords & Endeavoured to Re- 
take y'' prisoner & apprehend some of y'^ persons Con- 
serned in y'' Rescons but was Resisted & assaulted 
themselves & y'' Examination of y" prisoner torn in 
peices & in y'' scufle both Richard Borden & Benj. Bor- 
den were wounded but y'" Endeavours of y'^ Court were 
not Effectuall in retaking y" prisoner for he was 
Rescued & Carried off & made his Escape and the 
people viz : Cap* Saf etie Grover Richard Borden Benj : 
Borden Obadiah Holmes Obadiah Browne Nicholas 
Stephens George Cooke Benj : Cooke Richard Osborne 
Sam" Willett Joseph West Garret Bowler Garret Wall 
James Bollen Sam" foreman Will'" Winter Jonathan 
Stout James Stout Will'" Hendricks John Bray Will"' 
Smith Gersom Mott Abner Hewght George Allen John 
Cox John Vaughan Elisha Lawrance Zebulon Clayton 
James Grover Jun"" Richard Davis Jeremiah Evrington 
J oseph Ashton with others to y" number of about one 



364 !^E\V JERSEY COLONIAL DOCUMENTS. [1701 

hundred persons did traytorously seize y'' Governour & 
y' Justices the Kings Attorney Generall & y"" under- 
sheriff & y' Gierke of y' Court & keept them close 
prisoners under a guard from twesday y® 25"' March 
till y Saturday following heing y' 29*'' of y^' same 
same month & then Releast them. 

Vera Copia P me Gav: Drummond Clark 



Proceedings of the Court of Sessions of Monmouth 
Comity, at Middletown, against severall persons. 

I From P. R O. B. T. Proprieties, Vol. 6, G --.'S.! 

At a Court of Sessions or County Court held at 
Midletown for the County of Monmouth this 
t wen tie Sixt day of March Anno Dom one 
thousand seven hundred 1 1701] 

Capt Samuel Leonard president 
[ Jededia Allan i 
Present ^ Samuel Dennis [ Justices 
I Anthony pintard j 

The Court heing opened the Justices Comission was 
read and the pannell returned by the Sheriff for the 
grand Enquest was called over. And Eleazer Cotterall 
being called for a Jury man Appeared and made some 
objectione Against the authoritie of the court The 
court comanded the Sheriff to take him into custodie 
And Richard Salter refuseing and ^denying the author- 
itie of this court The court commanded the Sheriff to 
take him into custodie for his contempt James Bollen 
the former dark of this county being called before this 
Court To deliver up the books papers and records of 
this court To the present dark Did positively refuse to 
doe the same Unless the Court would give him bond to 



liOlJ PROCEEDrXGS OF MONMOUTH COURT. 365 

save him harmless ffor the soume of ten thousand 
pounds. 

Adjourned for two hours 
post meriden p'nt as above 

The court being opened The court did dismise all such 
persons who were returned on the grand jury and ap- 
peared and were willing to serve their King and 
Country And ther being se'all who had refused to serve 
on the grand jury and had denyed the authoritie of the 
court Amongst whom was Olim Cheesman who came 
before the court and beged pardon for his misbehaviour 
And said he was very wiUing to serve The court upon 
his humble submission did forgive and discharge him. 
Ordered by the court that the Sheriff doe discharge 
Eleazor Cotterall and Richard Salter out of his custod- 
die. 

Ordered by the Court that the said Eleazor Cotterall 
for his said contempt and misbehaviour before this 
court be fyned And the court doth heirby fyne the 
said Eleazor in the soume of five pounds current 
money of this province To be levied by the Sheriff upon 
the goods and Chattell of the said Eleazer And that 
the Sheriff have the said money by sale of the said 
goods and Chattells At the nixt court to be held for this 
countie the fourth twesday m September Att Shirows- 
berry in the said County. 

Ordei-ed by the Court that the said Richard Salter foi- 
his said high contempt and misbehaviour before this 
court be fyned And the court doth heirby fyne the 
said Richard Salter in the soume of fifteen pounds cur- 
i-ant money of this province to be levied by the Sheriff 
upon the goods and Chattells of the said Richard Saltei" 
And that the Sheriff have the said money by sale of 
the said goods and Chattells at the nixt County court 
to be held at Shirowsberry foi- the sd county on the 
fourth tewsday of September nixt 

Ordered by the court that John Ruckman senior 



366 NEW JERSEY COLONIAL DOCUMENTS. [1701 

John Bray John Wilson junior Daniel Hendrickson 
John Cox's Eichard Davis Mordicay Gibbons Nicholas 
Stivans and Mosses Lippet be each and every of them 
fyned And the court doth hereby fyne each and every 
of the said persons severallie in the soume of ffourty 
shillings currant money of this province Each of them 
for ther contempt and misbehavour before this Court 
to be leived by the Sheriff upon the goods and chattells 
of each and every of the said persons And that the 
Sheriff have the said money by sale of the said goods 
and Chattells at the nixt court to be held at Shirows- 
berry the fourth twesday in September nixt for the 
said Countie Pr me Gav: Drummond Clark 

A trew copie 



John Johnstone to the Council of New Jersey. 

From N. Y. MSS. in office of Secretary of State, Albany, Vol. XLIV, p G6.1 

Hono'^f Oentel: 

Yesterday Gov"^ Hamilton with four of these Justices 
of this County mett at Middleton for holding the 
Court of Sessions as apointed by the Acts of Assembly 
of this province when they had opened the CoLU't and 
begun the try all of one who confessed himself one of 
Kidds men Severall of the peoj^le of Middleton who for 
that purpose had appoynted a training of the Militia 
and being in arms came into the house when the Court 
was Sitting and forceably rescued the prisoner the 
Governor and Justices Comanded the Sherriff and 
Constable to keep the peace and in the scuffle two of 
the foremost of the felows were slightilly wounded, 
but being YO: or 80 men and the Governor and Justices 
without force were by this Multitude made prisoners 



1701] LOEDS OF TRADE TO EARL OF BELLOMONT. 30? 

and are by them kept under strict guards this is not a 
thing that hapned by Accident but of a Design for 
some Considerable time past theirs some of the Ring 
Leaders that keept as I am informed a pyratt in their 
houses and threatened any that will offer to seize him. 
Gentlemen 

I thought It my Duty to Inform you of this and 
to beg your assistance to help the setling our peace or 
to take the Govrnmt. upon you untill his Magestie's 
pleasure be known I am 

Your honours 

"most humble Servant 



^^ cr^^n, ^-vr^/Cr^^f^f'TJlA^ 



Monmouth 

26 March ITOI 
East Jersey. 



Lords of Trade to the Earl of Bellomont. 

(From N. Y. Col. Docts: Vol. IV, p 855.1 

[Extract] 

My Loi-d * * 

The settling of the Boundaries between New York 
and the Jerseys is a matter which your Lordship must 
necessarily first inquii'e into and give us an account of 
the pretensions on both sides; and what you conceive 
to be the state of the case, before we can lay it before 
the King. We desire you therefore to do so; and we 
shall afterwards represent what may be necessary. 

And as for Mr. Bass, it was not in our power to liin- 
der those proceedings of his about the Ship Hester; 



•}P.8 XKW JERSEY COLONIAL DOCUMENTS. [1701 

but we did all that in us lay to defend his Majesty's 

right in that cause tho' the success did not answei- 

expectation "" * My Lord 

Your Lordship's most humble Servants 
(Signed) Stamford 

Ph: Meadows 
Wm Blathwayt 
Jn Pollexfen 
Abr: Hill 
Nat: Prior 

Whitehall April the 29"> IToi 



Three of the Council of New York to the Lords of 
Trade, relating to the condition of the Jerseys. 

[From New York Col. Doets.. Vol. IV, p 863. J 

To the K' Hon^^^ the Lords Commissioners for 
Trade and Plantati(ms. 

My Lords (Extract) 

* * * "" ■" * We think it om- duty further 
humbly to represent to youi- Lordships the ill state of 
the Jerseys, who by the Proprietors directions are 
under the administration of Coll: Andrew Hamilton, 
who when he was, formerly in that post did always 
influence the people of the Jerseys to be convinced of 
their dutys to be assistant to the frontiers at Albany 
during the coarse of the late warr, and was careful of 
remitting deserters from his Majesty's Companys here; 
yet by the licentiousness of that people he cannot 
contain them within the decent and necessary bound- 
aries of government, by which those Provmces are 
like to fall into disorder and confusion. We do there- 
fore humbly offer wiiether it be not for his Majesty's 



1701] PETITION TO SUSTAIN GOV. HAMILTON. 369 

service that his Majesty would be pleased to put those 
Provinces under such regularities that the publick peace 
may be restored and his Majesty's government of New 
York may have the assistance of the magistracy of the 
Jerseys to remand deserters and fellows that may 
shelter themselves there, which often happens, &, by 
the convulsion of that people, not in Coll. Hamilton's 
the Governour's power to remedy it. * * * * * 

My Lords 

Your Lordships most faithfuU & 

most obedient humble serv'** 

Wm Smith P* • 
New York 30*'' Pe: Schuyler 

April 1701 R' Livingston 



Petition of Governor and Council of East Jersey to the 
King, asking that the authority of Gov. Hamilton 
might he upheld. 

[From P. R. O. B. T. Proprietors, Vol. 0, G29.J 

Petition of y^ Gov"^ &> Council of East New Jersey 
to his Ma*y ab* y^ Disorders there May 1701 

To THE Kings most Excellent Majesty. 
The humble Petition of the Governour and Coun- 
cil of Your Majesties Province of East New 
Jersey in America. 

Most Humbly Sheweth 

That whereas in January 169;;5 The Proprietors of Yo ' 
Ma"t' said Province did Petition yo- Ma'i^ to approve 
their Choice of Andrew Hamilton Esq"; to be Gover- 
nour thereof, Which Petition was read and ref eiTed by 
25 



370 JSTEW JERSEY COLONIAL DOCUMENTS. [1?01 

Yo'; Ma^'« in Council to the Right Hono"!^' the Lords of 
Trade and Plantations to consider and to report to Y\ 
Ma"^ what they cohceived proper for Yo": Ma"® to do 
therein 

In obedience to which Older in Council, and to 
another of the Ninth of March thereafter, Upon a 
Petition of the said Proprietors concerning Their Right 
to a Port at Perth-Amboy, Their Lord'ps by a Repre- 
sentation to Yo'; Ma'i" in Council, most humbly offered 
to Yo: Ma'f That a Tryal be had at Barr in Westmin- 
ster Hall. Whei'eby the Proprietoi's claim to Ports 
and Right to Governm^ of the said Province might re- 
ceive a determination Which Representation Yo^ Ma*!*^ 
in Council was pleased to Approve, upon the 20*!' of 
April, and to Order that it be referred to Y°:'' Ma'T At- 
torney General, to consider and rej)ort, in what 
manner what was proposed by the said Representation 
might be best put in Execution. 

Yo^ Petitioner Hamilton waited upon the Council of 
Trade and Humbly moved, That seeing by the said 
Representation their Lordshipps seemed to Hesitate 
upon the Validity of the Powers of Governm* granted 
by King Charles the second to His Royall Highnesse, 
and by His Royal Highnesse to the Proprietors. He 
might be directed by their Lordshipps, how to Guide 
himself being unwilling to Act, under any Commission, 
which their Lordsh''?* should judge unwarrantable. 

Their Lordships by S'; Philip Meadows were pleased 
to signifie to said Hamilton, That tho' They questioned 
the Validity of the Powers of that Grant, and there- 
fore thought it not fitt to Advise Yo'^ Maj'^l'' to grant 
the Approbation Petitioned for being a Recognizeing 
the Prop':** Title, and thereby giveing away what they 
accounted Yo'; Maj"r Right, Yet that they did not 
thereby intend to inhibitt the Propf of acting further 
in the Governml But that if yo'; petitioner Hamilton, 
Governed himself by the Laws of England; The Prop'';" 



1701] PETITION TO SUSTAIN GOV. HAMILTON. 371 

would find wherewithal! to Justifie themselves in Com- 
missionating him, and yo*; petitioner in acting under it, 
untill Their Right to Governm- were Vacated by a 
Judicial determination or that yo'^ Maj"f^ Pleasure 
should be further knowne therein 

Yo':" Petitioner Hamilton arriveing in said Province 
in Decemb'; 1699 Published the Proprietors Commission, 
and after haveing taken the Oaths, appointed by Acts 
of Paiiiam*^ Entred upon the Administrac'on of the 
Governm* 

But so it is. That neither the Approbation being- 
granted, nor no Instrument sent over to Command the 
Inhabitants to continue in their obedience to the Gov- 
ernm* under the Administrac'on of the Prop" until 
their Right to it had received a Tiyal at Barr Yo' 
Ma"" was pleased to Order, or until Yo^ Ma"f* Pleasure 
was further knowne. The Licentious part of the 
people, who look on all Governm* to be a Yoke, and 
being encouraged in their Seditious principles, by 
Letters from England, from their Agent, whom they 
have sent over to Extenuate their Crimes, That Yo'; 
Petitioner Hamilton was rejected by Yo'; Ma*l® for Gov- 
erno'; And that the Council of Trade had declared all 
Acts of Governm'^ by him done, or any under him to 
be Null & void, have gladly laid hold of this as colour 
enough to cutt in pieces the Reins of Governm- and 
run yo'; people into Anarchy and confusion. 

And as at several times before, They have assaulted 
Yo'; Ma*'f* Justices, when in the Solemnity of yo'; 
Courts of Judicature, and thereby stop't the Cuit* of 
Law, So upon the 25*'' of March last. At a Court of 
Sessions held in the Usuall place at Middletowne in the 
County of Monmouth and Province aforesaid. Where 
was present Yo'; Petitioner Hamilton in Conjunction 
with yo'; Ma*'f* Justices to take the Examination of a 
certain pirate belonging to Kidds-Crew, named Moses 
Butterworth, pursuant to Yo"; Maj'':''^ Strict Command; 



:r,2 XEW JERSEY COLONIAL DOCUMENTS. [1701 

And while the pirate was under Examination, Those 
Libertines on purpose to hinder the Courts proceeding 
in that Affair, sent in one of their Number to beat a 
Drumm and others of them Rushed into Rescue the 
Pirate, and accordingly carried him from the Barr. 

To hinder the Rescue and suppress the Riotters, Yo'i 
Ma'T Justices, believing it their duty, to assist the 
Sheriff e and Constables in the Execution of their Offices 
(in which one of the Rescuers was wounded) were Sur- 
rounded by the Riottei's in great numbers in Arms, 
having (appearingly) on purpose appointed the same 
day to be a Ti-aining day, on which the Court was to 
sitt, and their destruction by them most insolently 
threatened, (which had been most certainly Executed 
had the Wounded died upon the Spott) and were con- 
lined by them ffour dayes, till they thought him past 
hazard, to the great dishonour of Yo' Maj*!^ in the 
abuse of yo'i Ministers. 

And as those people could have no manner of coloui- 
able Pretext for attempting the dissolution of the Gov- 
ernm* foi- want of sufficient Information, being often 
told, that the not obtaining the Approbation was from 
a Reason of State, and no Neglect of the Proprieto" 
that it was Yo"; Maj'i" not that they that was Judge of 
the Validity of the Propiietors Commission and that 
as it is never to be supposed Yo'i Maj^i*' the Common 
ffather of yo'; people would for want of Governm' 
suffer them to run into disorder and Confusion, So it 
ought to be to them an invincible argument of Yo'; 
Maj^f** allowing the Administration to be still in the 
Prop'r untill the Tryal at Barr be issued, oi- Yo' Ma.f 'f' 
Pleasure therein further knowne 

As yo'i Maj"f most humble Petitioners will never be 
wanting to do what in them lies to preserve yo' Maj^'f" 
peace, and Order of Governm*^ among Yo': Subjects of 
this Province untill yo'i Maj":*^ shall be pleased to com- 
mitt that Trust to better hands, So least the necessary 



1701J 



PETITION TO SUSTAIN GOV. HAMILTON. 



:}78 



means to effect it, may run the Province into blood, 
unlesse a Speedy remedy be applyed 
Tlieij most humhly pro y 

That Yo'; Maj'f would be graciously pleased to com- 
mand the Inhabitants to yield their Obedience to the 
Proj^rietors commission until the Tryal at Barr be had, 
or yo'; Ma"f' pleasure thereupon be further knowne 

And your Petitioners as in duty bound shall ever 
pray 




S'^ 







374 NEW JERSEY COLONIAL DOCUMENTS. [1701 



Memorial of the Proprietors of East and West Jersey 
to the Lords Justices asking for the approval of 
Andrew Hamilton as Governor. 

[From P. R. O. B. T., Proprieties, printed in Grants and Concessions, page 591. J 

to their excelencies the lords justices of 

England. 

The Humble Petition of the Proprietors of the 
Provinces of J^ast and West New Jersey in 
America. 

Shoiveth 

That your Petitioners, as they were advised by their 
Council, being legally entitled to the Government of 
those Provinces, by vu-tue of several G-rants from the 
late King James, when Duke of York, the Declara- 
tion of the late King Charles the Second, under the 
Great Seal of England, and of several Acts of State 
and Orders of Council, admitting their right, have for 
many years appointed Governor's there, and particu- 
larly Colonel Andreiv Hamilton, who administered the 
Government to the great Service of the Crown and 
Universal Satisfaction of the Inhabitants, until the 
Act of Parliament passed in the seventh and eight 
Years of his present Majesty's Reign, entitled An Act 
for preventing Frauds and regulating abuses in the 
Plantation Trade. 

Upon which Laws some doubt arising, whether a 
Native of Scotlaiid (as Colonel Hamilton is) were 
capable of being a Governor of the Plantation, your 
Petitioners for avoiding any Colour of Offence against 
that Act of Parliament appointed one Jeremiah Basse, 
Governor of those Provinces; but the Lords of tjie 



1701] APPROVAL OF AXD. HAMILTON AS GOV. DESIRED. 375 

Committee of Trade and Plantations, making then 
some Scruple concerning your Petitioners Right of 
Government, Mr. Basse had not such a formal Appro- 
bation of his Majesty, as that Act directs; and though 
your Petitioners even at the same Time honoured with 
InstiTictions from the then Lords Justices, and Lords 
Commissioners of the Treasury, for their Governor's 
Conduct, which were produced and published by Mr. 
Basse, as a Testimony of his being nominated Governor, 
with the knowledge and implicite Consent of his Maj- 
esty and his Ministers of State, yet for want of an Ex- 
press Approbation in Writing, the Inhabitants refused 
to obey him, and he returned to England. 

Whereuj)on your Petitioners who had been informed 
of the Opinions of his Majesty's late Attorney and pre- 
sent SoUicitor General, that a Native of Scotland, was 
not disabled to execute any office -in the Plantations, 
were reduced to reappoint the said Colonel Hamilton 
(then in England) Governor of these Provinces, whom 
your Petitioners presented to the Lords of the Com- 
mittee of Trade and Plantations, humbly remonstrating 
to them the necessity of sending a Governor for Pres- 
ervation of the Publick Peace, and praying their Lord- 
ships Reccommendation of him, for his Majesty's Ap- 
pi'obation, but their Lordships having resolved to con- 
trovert your Petitioners Right of Government by a 
tryal at Law, declared they could not consent to such 
an Approbation without prejudice to His Majesty's 
Right; yet in regard of the necessity of the People's 
being under some Government till the Right was de- 
termined, their Lordships delivered their Opinions, 
that Colonel Hamilton, acting according to the Laws 
of England, your Petitioners might be safe in commis- 
sionating him, and he in executing their Commission, 
under the security of which Approbation Colonel 
Hamilton went over, and re-assumed the Government 
of those Provinces; but some factious and turbulent 



376 NEW JERSEY COLONIAL DOCUMENTS. [1701 

Persons impatient of any Government, oppose his Ad- 
ministration, because he is not approved of by an 
Order of Council, according to the express Letter of 
the Act of Parhament, and have made so great 
Divisions and Confusions there, that the pubhck peace 
is daily violated, and the pubhck Justice obstructed. 

That your Petitioners have agreed and are ready to 
surrender all their Right of Government to his Majesty 
upon such Terms and Conditions as are requesite for 
Preservation of their Properties and civil Interests, 
and which they humbly hope will be allowed to them. 
Your Petitioners therefore most humbly pray, that 
for the Preservation of the publick Peace of these 
Provinces, your Excellencies will be graciously pleased 
immediately to approve of Colonel Hamilton to be 
Governor of the Provinces of East and West Jersey, 
until the Terms of Surrender can be adjusted. 
And your Petitioners shall ever Pray, 
Thomas Lane Dan Cox Jun^ 

Paul Dominique Thomas Hart 

Thomas Skinner Joseph Ormston 

John Bridges Joseph Ormston as 

Michael Watts having procuration 

E, Richier from 

Clement Plumstead Miles Forster 
Thomas Cooper and Edward Antill 



Walter Benthall Gilbert Molleson 

Jos. Brooksbanke Thomas Barker 



[1701J ' 



' Precise date doubtful, but probably early in the year. — Ed. 



1701] PETITION FROM W. JERSEY ITSr FAVOR OF HAMILTON. 377 



Petition of the Council and House of Representatives 
of West Jersey to the King, asking for the con- 
firmation of Andrew Hamilton as Governor. 

[From P. R. O. B. T.. Proprieties. Vol. 6. O. 39 | 

To OUR Most Gracious Sovereigne William the 
THIRD King of England &c. 

The Humble Petition of the Provincial Council! 
and House of Representatives of the Province 

of West New Jersey in Genei-al Assembly 
Mett at Burlington the 12*? day of May Anno 
Dni 1701. 

Most humbly Sheweth 

That the Preservation of the Kings Peace, among 
his Subjects, being very dear to Him. We though a 
small part of that Great Body, ffly to him for the In- 
fluences of his Power, and Goodnesse to so good an 
End. 

In order to it do therefore most humbly Represent. 
That the Governm- of this Province by the evil En- 
deavours of one Joshua Barkstead and others now oi- 
lately in England is much disordered by their Letters 
to some Inhabitants disaffected, who industriously 
Publish the same. Which We are assured will to- 
gether with this be produced in Evidence that Colonel 
Andrew Hamilton our present worthy Governo! whom 
the Proprietors in England, Petitioned the King to 
approve, was rejected by the Court, and not in the 
least owned as such; But quite contrary wondering 
that he dare presume to take upon him the Governm^ 
declaring that all Acts of Governm* by him done, or 



37S TvTEW JERSEY CaLONIAL DOCUMENTS. [1701 

any under him are null and void. And that Brother 
(meaning Jeremiah Basse) would suddenly be over 
with them as Governo*" for the King, or Surveyo"" Gen- 
eral, of the Customs in America. 

And tho' the long Experience, the Inhabitants have 
had of the Justice and Veracity of Coll Hamilton, 
ought to have influenced a Beliefe of what he related 
to Us, upon his first comeing over, that the King had 
been Petitioned to approve the Proprietors choice of 
him for Governor And that altho' the Council of Trade 
to whom the Petition was referred did not see fit to 
advise the King to grant the Approbation Petitioned 
for. Yet that at the same time, by the mouth of S' 
Philip Meadows. They were pleased to signifie to him 
That if he governed himself, according to y.** Laws of 
England. The Proprieto'.^ would find wherewithall to 
Justifie themselves in Commissionating him, and him 
for acting under it, till the King's pleasure should be 
further known therein. Yet no Instrument being sent 
over to Command in the mean time, the obedience of 
the Inhabitants under the present Administrac'on. 
The giddy & factious part of the People lay hold on the 
above Letters to justifie their breaking in pieces the 
whole ff rame of Governm' and running yo!" people into 
disorder & confusion And as it is impossible for people 
to live happy without Governm' So those moderate 
and necessary Taxes laid on the Province for Support- 
ing thereof, w*"'* in former times have been alwaies 
duely complyed with, are now refused to be paid by 
that part of the People, who impudently affirm. That 
y*" Province was without Law or Legal Authority, And 
have threatened high against those Ofiicers that would 
attempt to Levy it 

The Governour and Justices of the peace Knowing it 
their absolute duty to preserve as much as in them lies 
the Order of Governm* And haveing in order to it, 
took up some of these seditions and disorderly persons. 



i;()T] PETITIOX FROM W. JERSEY IN FAVOR OF HAMILTON. 370 

who refused to find security for the good Behaviour. 
Men who industriously endeavoiu-ed the dissolution of 
the whole fframe of Governm. giveing it out That for 
want of the Apj)robation the Governor" here was no 
Governo'' and the Province without Law tho' they very 
well knew, what stepp had been made to obtain y 
Appi'obation. And that the not obtaining it was by 
no Neglect of the Proprietors but from a Eeason of 
State And as an Instance that those Letters and Per- 
sons debauch'd the people into a beliefe that no Act of 
Governm* could be done under the present Adminis- 
trac'on, About three or four score of the disorderly peo- 
ple came to y' Town of Burlington in the Province 
a fores'^ the Eighteenth day of March last past in a 
Tumultuary and Riotous manner (takeing advantage 
of the Governo'' being unprovided to Suppresse them 
because many of the Inhabitants of that Towne are 
such whose Religious Perswasions will not suffer them 
to bear Armes) and forcibly broke open the Prison and 
rescued two Persons who were under confinem* for re- 
fuseing to find Sureties for their good behaviour And 
were known to be very active in rayseing and contin- 
ueing our Troubles in the Governm* And since such 
enormities may grow to be of dangerous consequence 
if not timely p'^vented. 

We therefore Humbly pray, That the King will be 
graciously pleased to rebuke the Insolency of those 111 
men, and Command their Obedience to the p'sent 
Governm* that We may be quiet and safe as all Loyall 
and Peaceable Subjects desire to be till his Royal 
pleasure be further knowne concerning us. And (if it 
may be with decency exprest) We begg leave to say 
That nothing can lay the good People of this Province 
under a greater and more lasting Obligation then to 
remaine under the Care and Administrac'on of our 
p'sent worthy Governour of whom We have had long- 
Experience, and have no cause to doubt but he will al- 



of the Provincial 



380 NEAV JERSEY COLONIAL DOCUMENTS. [1701 

waies acquit himself with Honour to his Prince and 
Justice Prudence & Integrity to y' People, Which 
neverthelesse is most humbly Submitted 

And Y&' Petitioners (as in duty bound) shall ever 
pray &*' 

WilUam Biddle Edward Hunloke, P 
Tho: Gardiner Greorge Deacon 
Council j John Thompson Jon" Beere 

I And!" Robeson 

Sam" Jenings, Speaker John Kay 
Mahlon Stacy Archaball Higgle 

ffrancis Davenport / Simeon Elhs 

Restore Lippingcot "^ Philip Paul 

John Scott Sam.^ Hedge 

Tho: Wilkins W Hall 

John Hand Jo'' Woodrooffe 

John Rambo John Bacon ^ 

Thomas Thackera John Reading: Cler: 



Address of the Inhabitants of West Jersey, asking to 
he taken under the King^s immediate government 

I From P. R O. B. T. Proprieties, Vol. 6. G 33.1 

To his Sacred Maj*^ Our Soveraign W'" the Third 
by the Grace of God King of England Scot- 
land France and Ireland Defend"^ of the Faith 
<fec» 

The humble addresse of your Maf'(' most humble & 
Loyall Subjects Freeholders and Inhabilants in 
the Colony of West New Jersey in America. 

In all humility sheweth. 

That whereas your Ma.f P most humble & Loyall 

subjects have for many years inhabited in your Maj'V* 

s'} Colony of West Jersey where with great hazards, 



1701] ADDRESS OF INHABITANTS OF WEST JERSEY. 381 

Toyls & fatigues, We have been endeavouring y*" 
maintenance of Our selves and poor Families, and ac- 
cording to our bounden Duty at all times (since your 
gracious Ma*^'* accession to the Crowne) have w*.'' all 
cheerfulness manifested Our Loyalty to y"^ Maj*'' tho' 
under a Proprietory Governo'" where We have long 
been harassed by the arbitrary proceedings of those 
who have held the Reins of Government over us, and 
are now grown so headstrong and insolent, y* they 
would submit to no authority unless they could sway 
them to their own ]3articular interests as hath been 
plainly evidenced by their behaviors under y' late 
administration of Jeremy Basse Esq in the Govern- 
ment of said Colony wherein it might be thought in- 
credible (especially for a People who have profest 
themselves innocents) to relate not only their continued 
Affronts & insufferable provocations, both towards 
himself, and those who by Commission under him en- 
deavoured the conservation of the Peace, according to 
your Maj^y* Laws ■& their incumbent Duty; yet such 
were y'' inveteracy of that sort of people, that notwith- 
standing all the Candid endeavours of said Coll Basse 
in his administration of the Government here, when 
the Magistrates who were by him commissionated ap- 
peared at the Com't house to hold a Court for the 
keeping your Maj'^' Peace, they were not only kept out 
of the said Court house, but also with violence sett 
upon, assaulted, beat and some wounded, by a riotous 
number of Quakers, and others their adherents (as by 
a Copy of the Record thereof made and in the hands of 
the said late Gov': appears) upon complaint whereof the 
said late Gov': Bass went in person to the Place & in 
opposition to him the Quakers Avith many others by 
their means, with Cololers Drums & Arms, were 
gathered together, who with high menaces declared 
their ci"uell intentions if he came there, whereupon the 
said late Governor having information thereof, called 



382 NEW JEKSEY COLONIAL DOCUMENTS. [1701 

sev" Sober Persons to go along with him as a Guard to 
defend him from their Violence, and Came to the 
Court house door where the af ores'* Riotous Crew were 
gatherd together but had then hid their Arms, but in- 
stead thereof many of them had furnished themselves 
w*l' formidable Clubs to oppose the si Coll Bass and 
hinder his entring into the Court house which they 
kept lock't up and refused upon his peaceable demand 
to open the door, whereupon at his Order it was forced 
open and the heads of the same Rioters at the same 
Court presented, since which time the said Coll Bass 
being superceeded by a Commission to Coll Hamilton, 
the same Rioters instead of being called to Justice are 
many of them advanced some of them being chosen of 
the Gov'.^ Councill, Assembly Men, and others made 
Justices, and all Offices in their hands, so as those who 
peaceably Submitted to the preceding Government 
were greatly menaced & sohie presented and sued at 
their Courts for their due discharge of their duty & of 
late under their present administration, the Represent- 
atives having lessened the Countryes number thereof 
to y" one half, have laid a prodigious Tax (w'.'' respect 
to our present indigencies) which tho' they call 
moderate yet it's so high, as there has never been the 
like since this was a Colony. & the Inhabitants mostly 
suppose; the summ it will amount to is not at this 
time in the Province, neither do the Inhabitants know 
what use they intend it for, save only some of them 
have given it out that they would raise a Sum me of 
money to wage Law w'!' your Maj''' for the Governm*, 
which they would make us pay. We therefor humbly 
conceiving that assemblies here can make no Law, or 
lay Taxes upon y' Maj*^'?' Loyall Subjects which the 
Gov"" can give a sanction to, unless he had obtained y'; 
Ma.]*''- Royall approbation as Gov'.', whereupon (altho' 
We peaceably acquiesse and ai"e submissive to the 
Gov'".'* administaation in all things relating to y"" keep- 



ITOl] ADDRESS OF INHABITAXTS OF WEST JERSEY. 383 

ing your Maj*?"' Peace) yet humbly conceive they have 
not power to take av^ay y* Countries former Privi- 
ledges, or impose such heavy Taxes upon Us, and 
altho' we f arr exceed the Quakers Parties in Numbers, 
yet by their close contrivances at their pretended 
monthly. Quarterly & yearly religious meetings, they 
outdo us in Elections, by giving out to others who 
are simple,and also as covetously inchned as themselves, 
that if they Vote not ag^.' Us, & get an assembly of 
their own choice. We shall bring in the Black Coats or 
Preists (as they call them ) & a Militia (which indeed 
We have not but lye naked to all enemies) by means 
of which Reports, they carry Votes ag'-' Us, yet never- 
theless the Countrey finding they would not admit of 
the number of Representatives which by Law has been 
appointed, We your Maj*-' humble Suppliants were 
also elected to make uy) the former number & accord 
ingly met the other Part of the Representatives at the 
time and Place appointed, bi.t were refused & rejected 
from offering Our advice with them, which we pro- 
posed for the Peace and tranquility of the Colony, So 
that We Still lye naked & open to all their unseason- 
ble impositions, which tho' We have been long Suffer- 
ers under. We should like poor Issacers have still 
bowed Our backs to bear, rather than to have presumed 
at this Juncture to crowd Our Complaints into your 
Maj*'' audience amongst the weighty affairs that lye 
befoi'e your Maj*;* had We not been informed that the 
other part of the Representatives (who Lord it over us,) 
are sending an Address to your Maj*:^ the purport 
whereof We being Strangers to. We have therefore 
humbly conceived it an incumbent duty upon Us on 
the behalf of Our Selves & y" freeholders & Inhabitants 
of this Colony, by whom We are also elected their 
Representatives, humbly to prostrate this Our Ad- 
dresse at the foot of your Sacred Ma.f .^ 
And humbly implore y': Maj'^ to take Us into your 



384 NEW JERSEY COLONIAL DOCUMENTS. [1701 

gracious protection, that We may be under Such Gov": 
as shall more immediately act under your Maj"^ Com- 
mission which we hope will calm and Screen us your 
Maj*y' humble and Loyall Subjects, from the Rage & 
Insolencies of those who otherwise will never be satis- 
fy ed without trampling upon Us. 

That the great and gloiious God who of his wonder- 
full Goodness & mercy hath sett you over his Great 
People will preserve your sacred Maj*^ from the wicked 
contrivances, of all those who shall endeavour to 
oppose y • Maj**" in the great worke w*".'' lyes before You 
is and shall be the fervent & Constant Prayers of Us 
who crave leave to subscribe Om- Selves your Maj'^' 
most humble Suppliants 

From the Town of Bur- On behalf e of Our Selves 
lington in y"' Colony of & the freeholders of said 
West New Jersey in Colony, by whom we are 
America May y' It) iToi elected 

Tho: Revell W^ Bude 

Nat: Westland Ant: Elton 

Jn: Holme Rich: Finimore 

Tho: Killing worth Rob. Wheeler 

Jos: Adams Geo: Taylor 

Oba: Holmes Shamgar Hand 

Tim: Brookes Jn: Shaw 

Ralph Hunt Jn: Rudderow 

Mat. Allen John Jewell Collector & 

Surveyor of his Maj*^^ Customes in s*? Colony 

I Transmitted in a letter from JVIi-. R. Yard, Secretary of the Lords Justices, July 
17, 1701.1 



1701] OBJECTION TO ANDREW BOWNE AS GOVERNOR. 385 



Letter fro)n the Council of East Jersey to the Proprie- 
tors in E7iglcmd, objecting to the appointment of 
Andrew Bowne as Governor. 

IFrom P. R. O. B. T. Proprieties. Vol. C, G 32.] 

To tlie lioii^^^ The Pi-op'^ of East New ,Jei'sie These 

Geyitlemen 

Wee the Members of the Provinciall councill for the 
Province of East New Jersie as vv^e are not a Kttle Sur- 
pris'd to hear of A Comission arriv'd for cap" Bowne to 
be Govern'.' to tear open againe the wounds of the 
Province that were alhnost clos'd up, so receiving In- 
formation y- the only use Intended to be made of this 
comission was to Supersede Coll" Hamiltons And then 
to throw up the Other and thereby to Lodge the Gov- 
ernment in the People when all your powers in y*? Prov- 
ince were dismist for this reason and the other Reasons 
assignd in Our Proclamation of which we Send a 
coppj e we were of Councill to CoU " Hamilton not to 
Surrender the Government to Prevent the trick 
intended upon you, and as we have been Inform'd So 
severaU of our selves have been Eare witnesses to y' 
truth of w* was said for no Sooner had he Publisht his 
comission but the heads of his partie told some of us 
that they did not VaUue capt" bownes comission of A 
farthing and that it answered their Intention if it 
Supersed CoU" Hamiltons. 
36 



38G NEW JERSEY COLOKIAL DOCUMENTS. [1701 

We have cause to Supose you have been deceiv'd by 
some Insinuations of Salter, y* you have made so false 
a step which may prove of Verry dangerouse Conse- 
quence to Youre Owne Interests as well as to y*" 
Inhabitants. It is verry strange to us y' you suffer 
yourselves to be thus Influenced by such sort of people 
both to y^ hurt of y** common weale of y'' province 
and youre owne reputations in the Eyes of the think- 
ing part of the people both in this Province and in all 
the Neighbourhood around and it wiU alwaies be so if 
you take measures from any but men of known 
Probitie A character that person has no right to. 

We Intreat you put the Dispute betwixt the King 
and you as to matters of Government to an End that 
y" Convultions of y'' Province May Cease, if there be 
an appearance of wars abroad its high time there were 
Peace at home 

We are 
Perth Amboy Gentlemen 

IS^'' June lYOl Your most humble Servants 

Sam^ Hale W" Pinhorne 

BENJ'^ Griffith Sam'^^ Dennis 

W^ Sandford John Bishop 

Samuel Leonard 



1701] SURREXDER OF E. J, BY CERTAIX PROPRIETORS. 387 



Surrender of the Government of East Jersey by certain 
Proprietors. 

[From original in the library of the New Jersey Historical Society. | 

Surrender of the Govjjrnment of East jKKyKV l)y 
CERTAIN Proprietors in the PnovrNcE 

io ^\\ J'jliatt 5fOpU$ to whome these Presents 
shall come Robert Burnett of y'^ County of Midlesex 
Esq^ Miles Forster of Perth Amboy Merc*!^ John John- 
ston of the County of Monmouth Esq' David Lyell of 
s** County of Midl'x Goldsmith Thomas Warne of s' 
County of Monmouth Gent": Thomas Gordon of s'' 
county of Midlesex Esq' Michaell Houdon & Jn" Bar- 
clay both of s'' County of Midl'x Genti all Inhabitants 
& Proprietors of y^ Province of East New Jersey in 
America, Sends Greeting in our Lord God everlasting 
^itllifrfaiSi the Late King Charles the Second by his 
Lettei's Patent bearing date y'' twelfth Day of March 
in y": Sixteenth Year of his s'' Maj"r Reigne under the 
Great Seal of England did Grant unto his Royall High- 
ness James Duke of York a Large tract of Land in 
America Ajoyning to New England with all y*: Powers 
jurisdictions & Goverments of y' same as in the s'' 
Letters Patent is particularly Expressed ^\\i\, \^\itxi^$ 
his s'' Royall Highness James Duk of York by Inden- 
tures of Leass and Releass bearing date the twentie 
thii'd and twentie fourth dayes of June in ye Sixtenth 
Year of his s'' Maj"?* Reigne did Bargain and sell all 
that part of the afores'd Tract of Land comonly called 
or Knowen by the name of Nova Cesarea or New 
Jersey Together w'*' aU y'' Powers jurisdictions and 
Goverments of the saine unto John Lord Berklev 



388 Sew jeksey coloKIal documents. [1701 

Barron of Straton and S'i George Carteritt of Saltrem 
Knight and Barronett %\\fi Wl^\itV^^ the s" King- 
Charles y" 2^ by Letters Patent hearing date y* twen- 
tieth Day of June in the twentie Sixth Year of his 
Reign did againe Grant the af 'sd Tract of Land w*.'' y*" 
Powers Jurisdictions and Goverments of ye same to 
his s'' Royall Higness James Duke of York who in y'' 
moneth of July next after Did Transferr and Convey 
the s'' Tract of Land caUed Nova Cesarea unto y" af ors"* 
Jn" L'l Berkley and S": George Carteritt glut( lltji^j-a^ 
by a deed of Parti'ion Between y^ s** S'i Geo: Carteritt 
of y*" one part &; WilHam Penn Esq"" Gawen Lowrie 
Merch' Nicholas Lucas Maultster and Edward Byling 
Gent" Assignee of y" s'^ John L*? Berkley the s.^ S' 
George Carteritt became Vested & Sized of one Moyetie 
of the afor's'' tract of Land coraonly called or known 
by the name of East New Jersey ^tt^ ^ltiffa$ J^ s'' 
S' Geo: Carteritt by his Last will and Testament bear- 
ing date on or about y^ fifth day of Decem^ 1678, did 
amongst other things devise y® afors"* Tract of Land 
Called East New Jersey unto James Earle of Sandwich 
John Earle of Bath Thomas L*^ Crew Bernard Grenvill 
Esq: S' Robert Atkins K^ and S"" Edward Atkins K' in 
trust to be sold for payment of his Debts and Legacies 
^Ittri '^^hiCyH^ y" s'^ James Earle of Sandwich by Inden- 
tures of Leass & Releass bearing Date y' 20"' day of 
Feb'; anno dom' 1681 did releass his Estate in trust of 
s'' tract of land called East New Jersey unto y*" s'' Jn° 
Earl of Bath Thomas L*! Crew & y' other trustees af ors'^ 
%\U\ WUtV^^ the s*^ Jn*! Earle of Bath Thomas L"^ 
Crew Bernard Grenvill S' Robert Atkins & S' Edward 
Atkins trusties [ajfors'd by & w"' ye [consent of] 
dame Elizabeth Carteritt widdow & Executrix of s*^ S' 
George Carterett Dec'd did Bargaine & sell y'' afors'd 
Tract of land called East New Jersey w"' y*" jurisdic- 
tion & Goverment of the same unto WiU'?' Penn Esq' 
Robert West Esq' Thomas Rudyard Gent and others to 



1701J SURRENDER OF E. J. BY CERTAIN PROPRIETORS. 389 

y^ number of twelv and y^ s^ Twelve some time after- 
wards did Bargaine & sell one Moyetie thereof w"' a 
Proportionable Right of Goverment unto James Earle 
of Perth John Drumond of Lundie Esq^ Robert Barclay 
of Urie Esq": and others to ye Number of twelve more 
^ttd WhtVt^X^ his said Royall Highnes James Duke of 
York in y^ thirtieth & fifth year of his s** Maj"''* Reigne 
did Grant a Confirmat'on of the af ors'd tract of Land 
called East New Jersey w'!' all y*" Jurisdictions and 
Powers of Governing the same unto y^ s" James Earl 
of Perth John Drumond of Lundie Robert Barclay *Sz 
others to y'' number of Twentie four Grantees all w''' 
by y* above recited Letters Patents Deeds &'-\ remain- 
ing upon y^. Publique Records of y' s'' Province of East 
New Jersey Doth more at Large appear ^oa* §^WOir 
j^tt that we the said Robert Burnett Miles Forster John 
Johnston David Lyell Tho" Warne Tho" Gordon 
Michaell Houdon & Jn? Barclay Grantees and Ppr's by 
mean conveyances Derived under his s*^ Royall High- 
ness Out of our Duty love and AUedgance we ow unto 
our Now dread Saveraigne L'- Wilham y* third by y*" 
Grace of God King of England Scotland France & 
Ireland Defender of y*; ffaith &*: ^^Vt ff reely Volentar- 
ly for ourselves & our heirs & so far as we are capable 
for our fellow Ppr's Resigned & Surrendred & by these 
presents Doth Resigne tfe Surrender all y*" authorities 
jurisdictions & Powres of Goverm* y* we have or can 
pretend to have in y'' s^ Province of East New Jersey 
by Vertue of the above recited Letters Patents Grants 
(^ Conveyances howsoever devized to us by mean con- 
veyances or otherways unto our s'' Soveraigne L"! it 
King William y'' third & to his Royall Successors 
Kings of England at all times to come forever hereafter 
^W ®C.$timOlU| Wmtt^f wee have to these presents 
sett our hands & seales and have hereunto affixed the 
Publick Seall of the s'^ Province of East New Jersey 
the Nintenth day of June in the thirtenth year of the 



.c,,, VEW JERSEY COLONIAL DOCUMENTS. [1^01. 

one' L s 





L S 



foniMi' 



trCcL^/^-'^ 







L s 



an_ 



L S 



//<77^ ^-v-T^y^^^^-^nr^ 



L S 



* •im-na A"* the instrumnet appears in Smiths 



1701] CONSIDERATION OF MEMORIALS ASKED FOR. 301 



Memorial of Jeremiah Basse to the Lords of Trade, 
asking for a consideration of the Memorials and 
Letters in their hands relating to the government 
of East and West Jersey. 

[From P. R. O. B. T., Proprieties, Vol. 6. G. 1'.).] 

To THE Right Honor"'-" The Lords Com^"^ of the 
CouNciLL OF Trade &° 

The Humble Memoriall of Jeremiah Bass on 

behalfe of his Majestys ])roviiice of East New 
Jersie. 

May it please yonr Lordshipp" 

The hopes of haveing the disorders of the Jersies 
happily conduded by the ParHments reasuineing of 
the Proprietary Governments into the hands of his 
Majesty being for this Session Vacated Ocations me 
afresh to SoHcit youi' Lordships on the behalfe of that 
vnhappy Province Intreateing your Lordships to Re- 
view the humble Address or Remonstrance of the saide 
province presented to his Majesty & by him Refered 
to your Lordship'' Consideration together with those 
Subsequent Memorialls & Letters in which the miser- 
able Condition of the saide Inhabitants is layde before 
your Lordships amongst whome as I have formerly 
Informed your Lordships not so much as the Shadow 
of Law or Government remaines the Proprietors have- 
ing Vacated the Comiss'on granted to Andrew Ham- 
milton Esq'; & giveing another which cannot without 
his Majesty's Aprobation have any force to the deter- 
minateing of the differences of that Province but 
rather tending to the increaseing of the same. I dare 
not venture to prescribe methods to your Lordships 
butt am humbly of the opinion if those provinces of 



392 NEW JERSEY COLONIAL DOCUMENTS. [ITOl 

the Jersies with the Lower Counties of Pensilvania 
were by a spetiall Com'ission from his Majesty consid- 
ering the preasant exigence of afaires putt vncler the 
Conduct of some person knowing in the afaires of the 
Country itt might intirely conduce not onely to the 
preasant quieting of those places butt the preventing 
of those lUegall practisses wheareby his Majesty s Kev- 
ennue is diminished lUegall trade increased & his 
Majesty s Subjects in those parts Oppressed I begg your 
Lordshipps to pardon my presumption & to beheve 
that none more truely desires the SettleMent of those 
Collonies on such A fpundation that his Majesty's Rev- 
en nue might be secured & the people in their legall 
trade & Industrie Incoraged Then 
Your Lordship' 

Most humble Berv' 

J. Bass. 
Reel 20 June 1701 



Memorial from Jeremiah Basse to the Lords of Trade, 
' relating to the Government of New Jersey. 

[From p. R. O. B. T., Proprietors, Vol. 6, G 22.1 

To I'HE Right honora®^^ The Lords Co:\i of the 

Council of Trade &*: 
May itt please Your Lordships 

The complaintes of the disorders & irregularities of 
the proprietary & Charter Collonies Still increaseing & 
itt being the opinion of this Board that It is of absolute 
nessecity that the Legislative power of the nation is 
onely capable of provideing Sutable remedies for so 
great evills by reasumeing the powers of Government 
& placeing them in the hands of his Majesty. In order 
to the attaineing this end I would humbly propose to 
Your Lordshipps : 



1701] J. BASSE RESPECTIXG CHARTER COLONIES. 393 

That a Commission of Inspection into the State & 
Complaints of the Proprietary & charter Governments 
might be granted to such person or persons as your 
Lordships shall Judge fit for such a servis with sutable 
[powers] to Enquire Into : 

The severall trangressions of the acts of trade &' 

The Encouragement & entei-taineraent of pyrates 

The deniall of appeals to England 

The raiseing & f aleing of Coyne to the damage of the 
neighboring Colonies 

The quantitys of Tobbacos yearely made in the 
Three Lower Countys of pensilvania & how & by 
whome shipped with the places wheare. 

The State of their militia &, courtes of law 

The boundaries of Pensilvania mad particulerly 
wheare M'^ Penn's patent limited to the latitude of f ourty 
degrees takes its begining on Delawar river* 

That a true acco' may be given of the quantity, of 
lands surveyed outt of the bounds the one halfe of the 
quit rents being due & reserved to his Majesty. 

The Refuge that hath been given by any of those 
proprietary or Charter Colonies to fugitive Sailers 
Soldiers or Servants &'' 

And to make returnes of those enquiries with the 
proofe's against the next Session of the Parliment by 
which not onely your Lordships but that honorable 
Assembly may be thoroughly aquainted with the true 
state of those Colonies & better enabled to make a due 
regulation & settlement of them. This My Lords as It 
would be butt of Little expense to his Majesty So itt 
is humbly Conceived would be highly Servisable 
towards the prevention of the growing evills of those 
Colonies all which humbly Submitted to Your Lord- 
ships Consideration 

By Your Lordship' most humble Ser'* 

[July is"*" 1701] J Bass 



394 XEW JERSEY COLONIAL DOCUMENTS. [1701 



Petition of the inhabitants of East Jersey, asking to he 
taken under the government of the King, should 
the Proprietors not ajjpoint a suitable person as 
Governor. 

[From P. R. O. B. T. Proprieties. Vol. 6, No. G. A3.J 

To THE Kings most Excellent Majesty. 

The humble Pet°.^ Your M;ij*^^ Loyall Subjects in- 
habiting in your Maj*^^ Province of East New 
Jersey in ^America 

Humbly Sheweth. 

That W. Jeremiah Basse was sent over by the Pro- 
prietors of this Your Ma.f^'' Province In the year 1H97 
with a Commission from th^ni to govern the said 
Province, whose Authority was by many opposed, for 
that (as it was alleged) he wanted our Maj*^^^' Eoyall 
approbation as by Act of Parliament is requii^ed, where- 
upon very gi-eat disturbances have arisen amongst the 
Inhabitants of this Your Maj^-' Province. 

That the Councill here did give an account to the said 
Proj^rietors, of those disturbances & at the same time 
did advise and assure them that no Gov": by them com- 
missionated would satisfy the People here without 
Your Maj*^^ Roy all approbation. 

That yet notwithstanding (in contempt of your 
Maj*^^ known Laws and against the advice of the 
Councill aforesaid) They the said Prop"".^ have sent over 
Colonell Andrew Hamilton (in the year 169 ) to govern 
the s*! Province by virtue of a commission from them- 
selves only, not having your Maj*^''* Royall approbation, 
who has thereupon assumed the Government; and by 
force of arms holds Courts to the great terrour of your 
Maj'^'* good Subjects; and has pressed Sundry Persons 



1701] PETITION FROM E. J. FOR A SUITABLE GOVERNOR. 395 

to his assistance therein, some of whom he has im- 
prisoned, and fined for no other cause but for refusing 
Obedience to his lUegall Authority commanding them 
to take up Arms against their peaceable Neighbours. 

We Your Maj'^' Loyall Subjects labouring under 
these and many other grievances and oppressions by 
the Proprietor of this your Maj'^'® Province of East 
New Jersey, do in most humble manner lay ourselves 
prostrate before yom- Maj*.^ (the fountain of Justice) 
humbly imploring your Maj'^ will be graciously 
pleased, according to your Princely Wisdome, to take 
into consideration Our evill circumstances under the 
present Prop""? And that Your Maj^?" will be graciously 
pleased to give Your Royall Command to the said 
Prop*"." (if the Right of Government is invested in them) 
that with Your Maj*':' Royall approbation they com- 
missionate for Gov^ a fitt Person, qualifyed according 
to Law, who as an indifferent Judge may decide the 
Controversies, arising between the Prop'-* and the 
Inhabitants of this Your Maj*';^ Province, and settle all 
the differences which at present they labour under, or 
if otherwise Your Maj*7 be graciously pleased to take 
the Government immediately into Your Maj*^^ own 
hands. We humbly pray (if it may be for your Maj*^" 
Service) That East and West New Jersey's may be one 
distinct Government 

And Your Pet" as in duty bound shall ever Pray 
&'^' 

William Looker Sr. W"; Mitchell Sam" Potter 

Jos: Whitehead Jos: Halsey BenJ: Parkhurst 

Sam". Carter ~ Jn: Harrimaii Jun' Jos: Ogclen 

James Whitehead Tho: Fitz Randolph Walter Wall ^ 

Jn: Miles Benj: Hxill W".' Chesman Sen' 



' These names are written in columns in tlie draft, but as they are not original 
autographs, it is impossible to say m what order they were written. All those hav- 
ing an asterisk appended are very doubtful. 



396 



NEW JERSEY COLONIAL DOCUMENTS. 



Benj: Woodroffe 
W" Brown 
Jos: Maker Jun:* 
Tho. Skenoye* 
Jn: Rosse 
Jn: Thomas 
Jos: Hindse 
Josh: Clarke 
Tho: Clarke 
Jos: Lyon 



AV" Olden 
Jutt: Hall* 
Andrew Bowne 
Eich. Hartshorne 
Laf ty Gronen 
Rob' Hamilton 
Obadiah Holmes 
Jorat Mall* 
Jn: Nahihan* 
Jn: Stont Sen". ^»«» 



[1701 



Kendrick Tunneson*Ja: Wilson 



Jn: Clarke^ 
Jn: Willis 
Hommuel Bunel* 
Jos: Cand 
John Boyse 
Sam: Walker 
George Drake 
Jn: Drake 
Tho' Higgins 
Jn: LangstafE 
Henry Crosley 
Jn: Perte* 
Jn : Edmonds 
Rich Corden 
Jn Cleayton 
Hen: Parat 
W"' Laten* 
W'" Wheavins 
Nic: Larta* 
Jn: Parant 
Charles Chubs 
Dav. Cleayton 
Tho: Potter 
Rob: Holman 
Tho: Cox 
Dan: Robins 
Nat. Robins 
Mons: Robins 



Jn : Bowne Jun! - 
Benj: Borden 
James Grover 
Nico : Stevens 
Kend. Hendickson 
Lamb: Johnson 
Peter Landevinter / 
Peter Wilson 
Hen: Harsh 
James Ashton 
Tho: Hanackson 
Tho: Johnson 
Ephraim Clarke 
Jn. Meeker 
Edw''. Osborne 
Stev: Bedford 
Rob: Wolly 
W".' Willis 
Bar. Carter 
Ben. Bond 
Ja: Manning 
Jos: Manning 
Jn. Chaplin 
Jed: Higgins 
Jn: Fitz Randolphs 
Wm. Rnnyen 
Hugh Dun 
Jud: Sutton 



W'" Chesman 
Jn. Morford 
Peter Stout >— " 
W"" Mercell 
Jn: Bray 
Jn: Whitelock 
Tho. Taylor 
Jos. Anirell* 
Fra: Buckhalson 
Jacob Vadoon 
Aty Beune 
W™ Lawrence Jun' 
Jn. Lawrence 
Rech'^. James 
Sam". Forman 
Jn: Swinney 
W".' Lawrence 
James Lawrence 
Ben: Lawrence 
Ja: Borden 
W".' Wood 
Alex: Forman 
Jere: Bennit 
James Bowne - 
Rob' Ashaly 
W'" Eastell 
W" Whandrick 
George Shammit 
W"' Furch 
Jn. Wilson 
W"" Jones 
Jos. Colo 
James Fox 
Sam! Forbenor 
James Dorset 
W"' Verety 
Rich" Hankson 
George Allin 
Jos: West 



1701] PETITION FROM E. J. FOR A SUITABLE GOVERNOR. 397 



Jos: Meeker 
W"' Looker Jun: 
Jn. Allen 
Sam. Whitehead 
Benj. Meeker 
Sam" Clarke 
Henry Tuttell 
Jn: Hihdes 
Ob: Sale x 

Jona: Ogdeu ' 

Jona: Ogdeu Jun' 
W: Whitehead 
BenJ. Price Jim' 
Tho: Sayre 
Nat: Whitehead 
W".' Strayliearne 
Pier Mice 
Dan. Robins 
W" Parrent 
W'" Winter 
James Gunner 
Eich. Davis 
Rich. Compton 
W".' Bowne ^ 
Step: Vane 
Moses Tompson 
Abr: Baker 
Benj. Ogdeu 
J n. Gold 
W"' Miller 
Jn. Cramer 
Eben: Lyon 
Andr: Cragg 



Jo' Fitz Randolph 
Jn. Manning 
Jn.- Jemings 
Jn. Dreake 
Fra: Dreake 
Elis Lawrence 
Ben: Cooke 
James Stout 
Abner lines 
Tho: Eistoll* 
Ob: Bowne 
Rich. Davis Jun": 
Benj: Corden 
Jn. Cole 
Sam. Willit 
Jn. Sealton 
Moses Lipet 
Jn. Woodroffe 
Rich: Clarke 
Tho: Thompson 
Benj: Meeken* 
Geo. Rosse 
Jos. Ressey* 
George Ross 
John Cox 
Sam'l Dotey* 
Rich'. Sutton 
Isaac Smalley 
Benj: Manning 
Sam'l Dotey 
Sam: Hulf 
Edm''. Downham. 
Reheboth Gannet 



Jn. Heme 
Caleb Allin 
Jos: Parker 
Josias Planbord 
Aron Robins 
W"' Purden 
W" White 
James Ashton 
Rich". Robins 
Tho: Parker 
Tho: Parker Junr 
Jn. Dewilde 
Jn Page Sen": 
Jn Page Jun' 
Jn Fowler 
Ant. Woodw'd 
Jn. More 
Jonas Wood 
Jn. Parker 
Jn. Megie 
Charles Tooker 
Remembrance Lip- 

pincott 
Jos: Lippincott 
Steph : Sheate 
Garet Bowler 
Jn. Woolley 
Jn. Williams 
Ja: Bollen 
Ja: Seabrooke 
Jos. Lawrence 
Sam: Throp 
Henry Bell 



[Transmitted in a letter of Mr. R. Yard, Secretarj' of the Lords Justices, July 
17th, 1701.] 



398 NEW JERSEY COLONIAL DOCUMENTS. [1701 



Letter from, Lewis Morris to the Lords of Trade in re- 
lation to the disorders in New Jersey. 

[From P. R. O. B. T., Proprieties. Vol. 6, G. 28 | 

Meml from M^ Lewis Morris lately come from y® 
Jerseys, relating to y® Disorders in those Prov- 
inces. 

To THE Right Hon^^" the Lords Commiss^:^ for Trade 
& Forreign Plantations 

My Lords. 

In Obedience to your L'ps comands, I have perus'd 
the Petic'ons of East and West Jersie, <fe the better to 
Enable Your L'ps, to Judge of y*" hardships y"" Petic'on'rs 
lye under, I take Leave to Lay before your L'ps, y*' 
State of those two Provinces, but more particularly, of 
East Jersie, w*'^ is as follows. 

M": Basse ariv'd y last of March 1698, and some time 
in Aprill, aply'd himselfe to y*" then Governor (Hamil- 
ton) and Councill, Producing a Comission, from y^ 
Proprietors (of East Jersie), for Governour of that 
Province, but not Producing an Approbation, As was 
Expected, the Governour told him, y^ though he was 
assur'd y* Proprietors, had given what authority they 
had, to M": Basse and had thereby Sup'seded him, yet 
he did not thinke, M"^ Basse without y"" Kings Aproba- 
tion, was sufficiently authoris'd to Enter upon y1 Gov- 
ernment, however, he left that matter with y'' Councill, 
who adjourn'd for a day or two, & at y" time appointed, 
part of them met Againe, (some of which are in y'' 
number of the Petic'oners) and notwithstanding that 
Barr; acknowledg'd him their Governoui-, & twelve 
dales after swore him, and Was themselves sworne by 
him. 



1701 LEWIS MOERIS ON NEW JERSEY DISORDERS. 399 

On the Eleventh day of May, he held y* Supream 
Coui't of y*^ Province, & there, one of y'' Late Councill, 
did Publiquely demand of Him by what Authority He 
tooke on Him y^ government of his Majesties Subjects? 
who replyed by the Kings, and ordered that Person to 
be Seiz'd, and y*" Court, (Some of y" members of which; 
Are now Some of y'' Petic'oners) fin'd him fiftie Pounds, 
and comitted him to y* Sheriffs Custody. 

On y« [ ] day of [ ] Capfi Peter Ma- 

thews, by order of y" Govern": of New Yorke, did seize 
in j". River, before y'' citty of Perth Amboy, a ship 
called the Hester, about y' Valine of £600-Pounds, 
upon w*^:^ Some time after, M'i Basse, Sumon'd an As- 
sembly, & on y^ 13*!' day of March 1698,' Pass'd Severall 
acts, among which Was one; for y*^ Raising y* sum of 
Six hundred Seaventie & five Pounds, Entitled, an 
Act for Redressing a force of Our Neighbour Province, 

This act was so displeasing to y^ Greatest part of y* 
country; that they did in Severall Towns, resolve not 
to pay it, unlesse forc't to it, & y" Severall Towns, 
having met, (by Warrants from y*^ Justices of the 
Peace) did write to y* Proprietors, of East New Jersie 
which Letter N° (1) Lyes before your L'ps: ' 

M'." Basse and Councell, finding y^ the afforesaid Act, 
wanted Some Necessary Amendments, without which 
it was Judg'd Impracticable to raise the money, resolv'd 
to wait till y'' next Session of Assembly; who met 
acording to Adjournment, and Aply'd themselves, to 
make those amendments requisite; but finding the 
country (on one side) to murmur, & resolve not to put 
the money, & M' Basses deputy Governour & councell 
(on y** other side) Insist Violently on it; the greatest 
part of the deputies left y** House, without a Quorum 
to act; A: that Assembly dissolv'd of course, and Every 



' l6'.»8-9. 

-■ See pages a70-.J73 of this volume.— Ed. 



400 NEW JERSEY COLONIAL DOCUMENTS. [1701 

thing was Quiet till y^ Arivall of Coll" Hamilton, who 
arriv'd in y*" month of december 1699, & Produc't a 
commission from y*" Proprietors of East Jersie, apoint- 
ing. him, to be their Governour of that Province. He 
also told us, your L'ps refus'd him an Aprobation, 
because it would be A recognising, y^ Proprietors rights 
to Goverment, but did not thereby Intend to Inhibit 
him, from Governing, & provided he acted in y ' Station, 
agreeably to y'' Laws of England, and y® Laws of that 
Province, not repugnant unto them. He was Justifi- 
able. 

M": Basses CounceU did acknowledge y- he deriv'd 
His power, from y* Same persons y^ commissionated 
W. Basse that his comission was good; & promis't to 
pay an Obedience to it; and accordingly, all but foure 
continued then former stations, in y^ Goverment, Ar 
three of those foure, ColP Hamilton by repeated solici- 
tations, desired to continue in their former Stations 
allso, but they alleg'd they were ffatigued w^'' the 
toyles of publique businesse, and desired rest; so that 
Coll*? Hamilton was forc't to comissionate others in 
their stead. 

Those men of y® former CounceU, with Some others 
of Lesse note (who during M': Bass's administra" did 
Sedulously Inculcate to y* People, y^ although M": Basse 
wanted an Aprobation, he was a LawfuU Governom; 
& on aU occasions asserted his Authority, notwith- 
standing that defect) whether Vext at being disap- 
pointed, of raising the money they wanted, or 
displeas'd at y*" Proprietors, for disjDlacing M' Basse, 
sooner than they Expected, did Stir up j". Same People, 
to Opose Coll° Hamilton in his Adminis" because he 
wanted an Aprobation. 

Their Endeavors, had y' Effect they Propos'd, as 
apears by the severall records N" (1, 2, 3, 4, 5,) now 
Laid before y"' L'ps, and to Consumate y*" Worke, so 
well begun, & Successfully carried on; they did on y*' 



1701] LEWIS MORRIS ON NEW JERSEY DISORDERS. 401 

25^" of March 1701 Rescue a pyrat, one of Kids crue, 
from y® Barr; seise y® Govern": & Justices, as by Eecord 
N°: (6) do's more at Large appeared 

On y* Y*:** of June 1701 Ariv'd a new comission, from 
part of the proprietors of East New Jersie, Impowering 
Cap*!' Andrew Bowne, (one of the Petic'oners & one of 
y® Councell y* did not advise & assure y^ Proprietors, 
y no Governour by them Comisionated world Satisfye 
y^ People, without his Majesties Aprobation, as Apears 
by y^ 2i paragraph of y® Petic'on.) to be Govern'.' of y* 
Province 

0011° Hamilton resolves, not to Surrender y** Gover- 
ment, unlesse Cap'" Bownes Com'ision, is signed by 
two thirds of y! Proprietors; as by their agreements 
among themselves, it ought to be If it be Enquired 
Into, I feare few of their comissions, has had that 
Sanction, for they are divided, & five of one party 
(w''." is about one fifth y^ whole) hatcht this last comis- 
sion in A corner; & one of that Number, having the 
keeping of their Pubhque Seale, affixt it to it, and sent 
it into America; without y" knowledge, & consent, of 
most of the rest, Som of them being Ignorant of it, 
untill (to their great Surprise) they heard of it from 
America. 

Att this rate my Lords, we may have new Gover- 
nours, by Every Ship from England; and none of them, 
with y* Sanction Requisite, even by there owne Con- 
stitutions. 

Government is prostituted in y" Hands of such 
people. I hope our Present, Unhappy Circumstances, 
& y^ Illegahty, & 111 consequences, of y^ Proprietors 
Procedures, will move your L'ps to take such methods, 
as may be for His Majesties honour and our safety 

In West Jersie M' Basse arrived, about y® same time 
he did in East, y^ Assembly then Sitting, but M' Basse 



' See page Siii of this volume.— Ed, 

■ 27 



■i02 XEVV JERSEY COLONIAL DOCUMENTS. [1701 

not Producing, His Ma'ties Aprobation, y*" Assembly 
Rejected him, & did refuse to act w*^ him, or recog- 
nise him as Governour. 

M' Basse made a Councell, and Some othei- Magis- 
trates who made Some few Efforts, to assert his 
Authority, but y*" Generahty of y* Country being 
Against them they had no Effect, but setting y" People 
together by th' Ears. This was the State of that 
Country till Coll° Hamilton ariv'd; the Assembly was 
then Sitting: Coll" Hamilton Produc't y^ Proprietors 
Comission; acquainted them what steps had been made, 
to obtein his Ma'ties Aprobation. & y^ it could not be 
Had, during y'' Present cirrcumstances of things. 

The Assembly, having Experimented y*" 111 effects of 
Confusion, and Judging a Lame authority to be better 
than none, (though they thought ColP Hamiltons, not 
to be such) did recognise CoU*^ Hamilton; and so did y® 
Country In Generall, till y^ Assembly (to defray y® nec- 
essary charges, of y^ Goverment) Rais'd a Tax; w*"?' so 
disoblig'd y^ Party, y^ adher'd to M' Basse, y' they 
made use of y* Present ocasion; & arguments Against 
paying of money, meeting generally with favourable 
Auditors, they gain'd to themselves, a party concider- 
able enough, to disturb y*" publique Peace; & are got 
to y* Height, y"^ Sometime in March Last, about Eighty 
of them. Came into y'' Towne of Burlington, & at noon 
day broke open the Prison, & tooke away, one Comit- 
ted (I supose) because he would not give security for 
His good behavior. 

I Have Laid before your L'ps y'^ truth of Pact; & 
your L'ps by comparing y*" names of y'' Petic'oners of 
East Jersie, w"' y*' Names in y* Records of the several! 
riots, comitted in y' Province Will find, those riots to 
be made by those persons, who are now y" Petic'oneis ; 
Especially y^ Remarkable Ryot, or rather Rebellion, 
comitted on y*" 25*^ of March, as by Record N° {6) ap- 
ears which I Lay bef oie your Lordships, as a complaint. 



1701 LEWIS MORRIS ON NEW JERSEY DISORDERS. 403 

& begg those persons may have, an Exemplary pun- 
ishment. 

The Petic'oners complain of y^ Hardships they Lye 
imder; Which are no other, y" what theire unwarant- 
able practises, have brought upon y"' selves and Others; 
who had they Paid that Submission, was necessary to 
the Conservation of y" Peace, those Provinces had been 
Happy, and Your Lordships, not Troubled with Their 
Murmurs. 

There is A necessity the Prayer of their Petic'on be 
Answer'd, and I presume there is no Expedient, can 
Settle those goverments but giving A Formall aproba- 
tion, to y® Proprietors Governour, and Comanding y"" 
Peoples obedience, till his Majesties pleasure be ffurthei- 
Knowne or comissionating Som person, (to be Gover- 
nour of those Provinces) under y® broad Seale. 

Our Present bleeding, and Unhappy circumstances, 
makes us fit objects of your L'ps Care, and pittie, I 
begg that our setlement; May by any means, Speedily 
be Acomplis't, & y"^ I may be Accounted: 

My Lords 
Your Lordshipps most Obedient 

And Faithful Servant & Friend 

London 
August 5'." 1701. 




404 XEW JERSEY COLONIAL DOCUMENTS. [1701 



Memorial of the Proprietors of East and West Jersey, 
suhmitting their views relative to the Surrender of 
their Governments. 

[From P. R. O. B. T. Proprieties, Vol. (i, ti 29-4, and printed in (Grants & Conces- 
sions, p599.] 

The Humble Memorial of the Proprietors of the 
Provinces of East and West New Jersey in 
America. 

Though the Proprietors are advised by their Council, 
that their Right to Ports within those respective 
Provinces was fully asserted, and their past adminis- 
tration of the Government of those Provinces as fully 
Justified at the late Tryal had in the Court of Kings 
Bench, between Mr. Basse and the Earl of Bellomont\ 
they are notwithstanding ready and desirous in Obedi- 
ence to his Majesty's Pleasure, to surrender all Right 
of Government there, in humble hope and confidence, 
that as his Royal Wisdom prompts him to resume the 
American Proprietary Governments into his own more 
immediate Administration, so his Justness and Good- 
ness will incline him to grant the Propiietors all 
reasonable Privileges, which are necessary to preserve 
their civil Rights and the Interests of the Planters, and 
which are not inconsistent with his Majesty's Service 
or Royal Authority. 

To which they humbly propose and pray. 

First. That his Majesty will grant and confirm to 
them, their Lands and Quit-Rents, with such other 
Liberties, Franchises and Priviledges as were granted 
to them by the late King James, when Duke of Yorl\ 
or have been granted b^^ his Majesty to other Proprie- 
tors of Provinces in America, except the Powers of 
Government. 



1701 J E.J. PROPRIETORS OK SURRENDER OF GOVERNMENT. 405 

11= That his Majesty will grant to them the sole 
Power of purchasing from the Indians, all lands lying 
within these Provinces, which remain unpurchased 
from them, and that all other Persons, who have pur- 
chased or shall purchase Lands from the Indians, either 
with or without Licence first had from the Proprie- 
tors, and who have not already taken Patents, shall be 
obliged to take Patents of such Lands from the Pro- 
prietors, under a moderate Quit-Rent; and in default 
thereof, their Title from the Indians to be declared null 
and void. This the Proprietors humbly conceive will 
be necessary, as well to vindicate his Majesty's Royal 
Right, as their own Property under him, because the 
Planters have lately taken up and promoted an 
Opimon, that the King's Right to aU American 
Countries discovered by English Subjectls, is only 
Notional and Arbitrary, and that the Indian Natives 
are the absolute Independent Owners, and have the sole 
disposal thereof; and some of the Planters, who have 
made such Purchases of Land from the Indians, refuse 
to take Patents from the Proprietors, Grantees of the 
Crown, and others who have taken Patents, refuse to 
pay the Quit-Rents reserved. 

III. That the Inhabitants of both Provinces may 
have the same Liberty of Trading with the Indians, as 
the Inhabitants of New York, or of any other Planta- 
tion in America, under his Majesty's immediate Gov- 
ernment do or shall enjoy. 

IV. That the Port of Perth- Amhoy, in East- Jersey, 
and the Ports of Burlington, and Cohanzie in West- 
Jersey, may be established Ports of these respective 
Provinces for ever; and that no Ships bound to any 
of these Places shall be obliged to enter at any other 
Port, nor any Ships to be laden there, shaU be obUged 
to clear at any other Port; and that Officers may be 
appointed at such Port for collecting the Customs and 
seeing the Acts of Navigation duly executed. 



400 NTEW JERSEY COLONIAL DOCUMENTS; [1701 

V. That the Proprietors may appoint Surveyors Gen- 
eral and other Officers, for surveying and recording the 
Surveys of Land granted by and held of them. 

VI. That the Proprietors of East- Jersey, may ,hold 
three Markets in every Week for ever, on Tuesday, 
Thursday and Saturday, for all manner of Cattle, 
Goods and Merchandizes at Perth. Amhoy, and four 
fairs in every year, these to begin the [ ] 
Monday in the Months of [ ' • • ] 
and each Fair to continue six Days; and, that the" Pro- 
prietors of West-Jersey may hold the like Number of 
Markets in every Week, for ever on Mpilday, Wednes- 
day, and Friday at BurUnqton in West-Jersey, and 
f oui- Fairs in every Year, these to begin the [ ] 
Monday in the Months of [ ] and each 
Fair to continue Six Days 

VII. That East and West-Jersey, may be erected 
into one distinct Government, and have one General 
Assembly for making Laws for the good of both 
Provinces, to sit alternately at Perth Amboy in East- 
Jersey, and Burlington in West- Jersey, and that such 
General Assembly may be elected every Year in the 
Month of [ J and may meet on the first Mon- 
day in October, and oftener if need be. 

VIII. That the General Assembly may consist of 
Thh'ty Six Representatives to be chosen in manner 
following, viz two by the Inhabitants House-holders of 
the City or Town of Perth- Amboy in East- Jersey; two 
by the Inhabitants House-holders of the City or Town 
of Burlington in West-Jersey; Sixteen by the Free- 
holders of East-Jersey and Sixteen by the Freeholders 
of West- Jersey; but that no Person shall be capable of 
being elected a Representative by the said Freeholders, 
or afterward of sitting in General assembly, who shall 
not have one Thousand Acres of Land of an Estate of 
Freehold in his own Right within the Province, for 
which he shall be chosen; and that no Freeholder shall 



1701] E. J. PROPRIETORS ON SURRENDER OF GOVERNMENT. 407 

be capable of electing said Representatives, w^ho shall 
not hkve one Hundred Acres of Land there in his own 
Right of an Estate of Free-hold: and that this Number 
of Representatives shall not be inlarged or dimisnished, 
or the manner of electing them altered, otherwise than 
by Act of General Assembly, and the Approbation of 
his Majesty, his Heirs and Successors. 

IX That the Governor's Council may consist of In- 
habitants of both Provinces whereof an equal Number 
to be chosen out of each Province. 

X That all necessary Officers and Courts for Admin- 
istration of Justices in Cases Criminal and Civil, be 
established in each Province, and that one Supreme 
Court may be held for both Provinces twice in every 
year at Perth- Anihoy in East -Jersey, mid Burlington in 

West-Jersey, alternately;; in which Court all Writs of 
Error or Appeals in the nature of Writs of Error from 
any other Courts within these Provinces shall be 
brought and determined; and that this Court may 
consist of the Governor's Council and the three Capital 
Judges of each Province (except such of them who pro- 
nounced the first Judgment, Sentence or Decree) or of 
any seven of them, whereof two of the Council, and 
three Judges for the Time being shall be five, and 
every Member of the CouJt who shall be present, shaU 
have an equal vote, saving that where the Court shall 
be equally divided in their Opinions, the eldest of the 
Council shall have a decisive Vote. 

XI. That no Appeals to the King may lye in Per- 
sonal Actions, when the Cause of Action is of less 
Value than two Hundred Pounds. 

XII. That all Protestants may be exempt from all 
penal Laws relating to Rehgion, and may be capable 
of being of the Governor's Council and of holding any 
other Pubhck Ofiice, though they do not conform to 
the discipline of the Church of England, or sciiiple to 
take an Oath; and that an Instruction be given to the 



408 NTKU' JERSEY COLOlSriAL DOCUMENTS. [1701 

Governor for procuring a Law to pass in the General 
Assembly for substituting some proper Declaration in 
the Place of an Oath. 

XIII. That his Majesty will be pleased to permit the 
Proprietors to nominate the first Governor. 

XIV. That all such further Priviledges, Franchises 
and Liberties, as upon Consideration shall be found 
necessary to the good Government and Prosperity of 
the said Provinces, and increasing the Trade thereof, 
may be granted to the Proprietors. 

Walter Benthall Joseph Ormston 

E. RiCHiER Joseph Ormston, as having 

Jos. Brooksbank procuration from Miles 

Dan. Cox Junr. Forster and Edward An- 

Thomas Lane till 

Paul Dominique Gilbert Molleson 

John Bridges Thomas Barker 

Michael Watts Clement Plumstead 

Thomas Skinner Thomas Cooper 

Thomas Hart. William Dockwra 

August 12'" ITOI 



Memorial of the Proprietors of both East and West 
Jersey, asking for the approval of Andrew Hamil- 
ton as Governor until the Surrender of the Govern- 
ment can he perfected. 

[As printed in Grants and Concessions, p 591.] 

To their Excellencies the Lords Justices of England. 

The Humble Petition of the Proprietors of the Prov- 
ince of East and West-Jersey in America. 

Sheweth. 

That your Petitioners, as they were advised by their 
Council, being legally entitled to the Government of 
those Provinces, by virtue of several Grants from the 



1701] PROPRIETORS ASK FOR HAMILTON AS GOVERNOR. 409 

late King JAMES, when Duke of York, the Declara- 
tion of the late King CHARLES the Second, under the 
Great Seal of England, and of several Acts of State and 
Orders of Council, admitting their right, have for 
many Years appointed Governor's there, and particu- 
larly Colonel Andrew Hamilton, who administred the 
Government to the great Service of the Ciown and 
Universal Satisfaction of the Inhabitants, until an Act 
of Parhament passed in the seventh and eight Years 
of his Majesty's Reign, entitled, A7i act for preventing 
Frauds and regidating abuses in the Plantation, Trade. 

Upon which Laws some doubt arising, whether a 
Native of Scotland, (as Colonel Hamilton, is) were 
capable of being a Governor of the Plantations, your 
Petitioners for avoiding any Colour of Offence against 
the Act of Parliament, appointed one Jeremiah Basse, 
Governor of those Provinces; but the Lords of the 
Committee of Trade and Plantations, making then 
some Scruple concerning your Petitioners Right of 
Government, Mr. Basse had not such a formal Appro- 
bation of his Majesty, as that Act directs, and though 
your Petitioners were at the same Time honoured with 
Instructions from the then Lords Justices, and Lords 
Commissioners of the Treasury, for their Governor's 
Conduct, which were produced and published by Mr. 
Basse, as a Testimony of his being nominated Gover- 
nor, with the Knowledge and implicite Consent of his 
Majesty and his Ministers of State, yet for want of an 
Express Approbation in Writing, the Inhabitants re- 
fused to obey him, and we returned for England. 

Whereupon your Petitioners who had been informed 
of the Opinions of his Majesty's late Attorney and 
present SoUicitor General, that a Native of Scotland, 
was not disabled to execute any Office in the Planta- 
tions, were reduced to reappoint the said Colonel Ham- 
ilton, i^then in England) Governor of those Provinces, 
whom your Petitioners presented to the Lords of the 



410 NEW JERSEY COLOIN^IAL DOCUMENTS. [1701 

Committee of Trade and Plantations, hmnbly remon- 
strating to them the necessity of sending a Governor 
for preservation of the Pubhck Peace, and praying 
their Lordships Eecommendation of him, for his Maj- 
esty's Approbation, but their Lordships having resolved 
to controvert your Petitioners Right of Government by 
a tryal at Law, declared they could not consent to such 
an Approbation without prejudice to his Majesty's 
Right; yet in regard of the necessity of the People's 
being under some Government, till the Right was de- 
termined, the Lordships delivered their Opinions, that 
Colonel Hamilton, acting according to the Laws of 
England, your Petitioners might be safe in commis- 
sionating him, and he in executing their Commission, 
under the security of which Appi'obation Colonel 
Hamilton went over, and re-assumed the Government 
of those Provinces; but some factious and turbulent 
Persons impatient of any Government, oppose his Ad- 
ministration, because he is not approved of by an Order 
of Council, according to the express Letter of the Act 
of Parliament, and have made so great Divisions and 
Confusions there, that the publick Peace is daily vio- 
lated, and the publick Justice obstructed. 

That your Petitioners have agreed and are ready to 
surrender all their Right of Government to his Majes- 
ty, upon such Terms and Conditions as are requisite 
for Preservation of their Properties and civil Interests, 
and which they humbly hope will be allowed to them. 

Your Petitioners therefore most humbly pray, that 
for the Preservation of the publick Peace of these Prov- 
inces, your Excellencies will be graciously pleased im- 
mediately to approve of Colonel Haniilton to be 
Governor of the Provinces of East and West- Jersey. 
until the Terms of Surrender can be adjusted. 

And your Petitioners shall ever pray. 
Thomas Lane, Dan. Cox, junr. 

Paul Dominique, Thomas Hart, 



1701] APPOINTMENT OF MILITIA OFFCERS. 411 

Thomas SMmier, Joseph Ormston, 
John Bridges, Joseph Ormston, as having 
Michael Watts, procuration from Miles 
E. Richier, Foster and Edward Ant- 
Clement Flumstead, hill, 
Thomas Cooper, Gilbert Molleson, 
Walter Benthall, Thomas Barker. 
Jos. Brooksbanke, 
[July iroi ?] 



Lord Coriibury to the Lords of Trade, asking for such 
an extension of his authority, as will allotv of his 
appointing militia officers in New Jersey and Con- 
necticut. 

(From New York Col. Docts., Vol. IV, p 912. ] 

To the LoitIs Commissioners for Trade and Planta- 

tations. 

The humble memoi-ial of Edward Loi-d Cornbury. 

Sheweth. 

That having perused his Commission for the Gov- 
ernment of New York, he finds that the command of 
the Militia in the Jerseys and the Province of Connecti- 
cut is placed in him; but he humbly conceives that he 
shall not be able to serve the King so usefully as he de- 
sires to doe in that matter, unless he may have a 
power (by commission) to nominate the Officers of the 
Militia in the said Provinces of East and West Jersey 
and Connecticut, which he imagines may the more 
easily be granted, because the Militia in all the parts 
belonging to the British dominions, is by Act of Par- 



412 NEW JERSEY COLONIAL DOCUMENTS. [1701 

liament lodged in the King; and without such a power 
he presumes his command over the said Mihtia will be 
but precarious. - " * * * t> * 

Your Lordships most faithfull humble servant, 
September the 
2"* 1701 




Lewis Morris to Secretary Popple, relating to the sur- 
render of the Government of the Proprietors of I 
East and West Jersey. 

[From P. R. O. B. T. Proprietors. Vol. 0, G 32.1 

Lre from M'" Moi-rice, w**" a Mem! from y^ Proprie- 
tors of East and West Jersey, relating to y® 
Surrender of their Title to y® Gov*^* of those 
Provinces; With the Names of Persons to be 
of y® Council of New Jersey. 
Sir. 

Among the Proprietors Propositions, I think there is 
but 5 articles, y- can admit of any dispute. Those are 
the 4*^ 7. 8. 9: and 13'^^. I will by this, give you y' 
Proprietors Sentiments of them, their reasons for ask- 
ing them, and how far they are Willing to agree; w'"' 
may be of some help to you, in y^ Drawing y" report, 
I understand you are About. The Proprietors thinke, 
they have an Indisputable right, to y*" goverment, as 
well as to y*^ soile of those Provinces, y? Government 
has been verry chargeable to them, and is a feather, 
they are verry willing to part with; but they will 



1791] KELATIXG TO SURRENDER OF E. AND W. JERSEY. 413 

eather chuse, to stand a tryall in Westminster Hall, or 
apply themselves to y* House of Commons, then they 
will make a Surrender, even of that same chargeable 
feather, if their Properties, and civill rights cannot be 
well asur'd to. them, and though their L'pps, and your- 
selfe have Promis't them, that there shall be no 
Invasion of them, yet, they thinke they shall be great 
Sufferers, if those articles are not (if not Absolutely, 
yet) in some measure complyed wV'. As If for y^ Y"' 
article, if those two Provinces, be anex't to any other, 
(at this Junctiu'e) before they can Adjust, their matters 
in them, and fix then* titles, both to their Own land, 
and to the Persons they have made grants too, they 
thinke it will be much to their damage, and even if 
that article, is granted they cannot so well adjust those 
things, if they have not y^ 13'!' Complyed wV, and Coll" 
Hamilton for their Govern';, their affairs at Pressent, 
are Verry unsetled, and it is moirally Impossible they 
can fix them. Otherwise then to their great Losse,if they 
have not some body, thats well aquainted w*'' the In- 
tricacy of them, and that no body in y' world is, but 
Coll" Hamilton. Lastly since they are going, to Put 
themselves on the levell w*'' the people, it will be no 
small advantage to them, that y' People thinke they 
have Interest Enough, to recomend a Governour, and 
it will make them cautious, of Invading their Proper- 
ties, w°!' they are Verry Prone to do, as their L'pps are 
Infoi-m'd by y*" 2'! Article. 

the 4V' article, they thinke is absolutely necessary, 
and they believe, they have a Judgment of Court for 
it, but they are not desirouse of having Ports, under 
greater advantages than their Neighbours Enjoy, they 
win aquiesce in Such Reasonable measures, as their 
Lordships shall please to take. The choyce of the 
councell, in y' d'l' Article they leave to his Majestic, 
but they would have them chose Equally out of both 
Provinces; least in y' first assembly, one province may 



414 XEVV JERSEY COLONIAL DOCUMENTS. [1701 

have an advantage over the Other, and make Some act 
of Assembly, to Keep the disparity for ever, the Eighth 
article, is y'' Limiting y^ number of Assembly men, 
their Quallifications, their L'pps may alter the number 
if they thinke fit. the Proprietors Judges that number 
y' y*^ fittest, and as to their qualifications, its only 
modally-diff erent, from y*^ House of Commons in Eng- 
land, the Proprietors, and Severall Persons in that 
country, have large tracts of Land, and if every body, 
were admitted (though of Never so little worth) to be 
Lawmakers, those Persons of best Estate in y'' Coun- 
trie, and y^ Prop? Interests, would be at y*: disposall, of 
y'' tag, rag, and Rascallity. These S' are y'' Proprie- 
tors Reasons, and I hope in youre Opinion, they are 
good Reasons, as to the method of Granting those 
things, they leave it to your Lordships. 

The pressent circumstances of things, in that 
Country, requires that there be some thing Speedily 
done, and if there was an Order sent, comanding an 
Obedience to ColP Hamilton till matters was adjusted 
( which I f eare will take up some time) it might hindei" 
y? Spilling abundance of humane blood. Inclos'd are 
Some names of Persons for Councellors, and Some 
Papers w""'' came from Jersie, if there is any othei' 
perticuler, relating to y^ Country, w''' you thinke fit to 
be apris'd of. If I can do it, you man comand, 

S! 
Your Most Obedient Servant 

L. Morris. 

Sept: 13: 1701 



1701] MEMORIAL TO THE LOKDS COMMISSIONERS. 415 



I Enclosed in the t'oreu'cuuii'. 1 

To THE Right Hon^^" The Lords Commissioners For 
Trade & Foreine Plantations. 

The Humble Memoriall of the Greatest part of y® 
Proprietors of the Provinces of East and AVest 
Jersie. 
May it Please your Ups. 

We are humbly of opinion, y' the right to y'' gover- 
ment of the Provinces, of East and West Jersie (untill 
we do make a Surender of it, or untill we are disposest 
of it by due course of Law) is Lodg'd in us, and as we 
are Willing to part wV this right, and put those govei- 
ments, under his Majesties more Imediate Administra- 
c'on; and to that End Have presented our Humble 
memoriall, to their Excellc's: the Lords Justices (w"" 
is by them refer'd to your L'ps ) conteining such condi- 
tions, as we are Willing to make this Surend' upon 
w^:' we presume are no other, then Such as will Secure 
to us Our civill Rights; and to y'' Inhabitants of those 
Provinces, Such priveledges as is necessary they should 
Enjoy; and Which we Humbly hope, your Lordships 
will advise His Majestic to grant: And more Especi- 
ally the thirteenth article of y" said memoriall, with- 
out w*"!' we thinke our properties cannot well be 
secured; and without which in Our Opinion, we cannot 
be safe in making A Surrender. 

We do therefore most Humbly Propose and Pray, y' 
C'olP Andrew Hamilton (in whom we have an Entire 
confidence y' he will put in Execution y Acts of Navi- 
gation, and Sedulously act on y': behalfe of His Majes- 
tie, in pursuance of such Instructions as he shall from 
time to time Receive) may be Governour of that 
Province He having during his past Administration. 



416 NEW JERSEY COLONIAL DOCUMENTS. [1701 

behav'd himself e As became a good man; Administer- 
ing Justice Equally to the Inhabitants, and discharging 
the trust by us repos'd in Him, with f aithfuUnesse and 
Truth; and on all ocasions procuring what assistance 
he could, of Men and money to the frontiers during 
the Last Warr w"' France. 

We begg your L'ps further to consider, that this is 
not onely the desire of (by far) y*" major Part of y*^ Pro- 
prietors, here in England, but of all y*" proprietors in 
America, and y*" whole province of West Jersey, and 
of 5-6*':* of East; and that it is Opos'd by none but M": 
Dockwra, and A small number of the meaner sort, 
who Sides w*!' one Bowne, who we can by no means 
Admitt to be Grovern'i, unlesse we designe to have our 
Interests in that Country totaly ruin'd, as your L'ps 
will percieve, by A protest made in y* country, and 
Sundry depositions taken there, and are ready to be 
produc' before your Lordships. 

We allso Intreat your L'ps, to look upon coll" Ham- 
ilton as an Indifferent Person, and that there is no 
other reason to thinke him byas't to A party, then to 
thinke all the Magistrates in the world so, who En- 
deavour to punish those who breake y'' Laws; Opose 
their Authority; and Obstruct y" Publique Justice. 

It is rare to find in any human Societie, an agree- 
ment of all y'' members; we are (by farr) y'' majority, 
y* Pray that CoU" Hamilton may be continued. Govern"; 
of y* Province, and we humbly hope our desires may 
be comply ed with. 

L. Morris Tho Lane 

In. behalfe of all y" Pro- Paul Docminique 

prietors Eesiding in East E. Richier 

Jersie. Ffran: Minshull 

Joseph Ormston Michael Watts 

for Edward Anthill Charles for all the Proprietors of 
Ormston and selfe. West Jersie 

Gilbert Molleson 



701] RECOMMENDATIONS FOR THE COUNCIL OF N J. 41? 



[Enclosed in the foregoing letter.] 

^ersons Kecom mended by y® Majority of the Pro- 
jirietor.s of the Province of East and West 
Jersie to be of y® Coiincill in Ne\v Jersie. 



jEwis Morris 

^^ILLIAM PiNHORNE 
ViLLIAM SaNDFORD 

Iamuell Leonard 
OHN Johnstone 
\lNthony Pintard 
Coward Earlea-^ 
Iamuell Dennis 
of woodbridge 
liLES Forster 



These are Persons 

of y' Best Estates 

in East Jersie. 



1 



Q. 
Q. 



J 



These are persons of y" 

best Estates in West 

'Jersie: 



)uaker Samuell Jennings 
Edward Hunlock 
George Deacon 
Daniell Leeds 
Peter Fretwell 
Thomas Gardner 1 
Thomas Kevell f 

Francis Davenport | 

the Board may be Inform xl of y"^ characters of 
*ersons in that Country by 

S' Edmond Andross Coll" Joseph Dudley Capt" 
asper Hicks Capt" Christopher Billop Capt" James 
'homas M"" Adolph PhiUips M': James Mills M' Thomas 
*almer the Reverend George Keith: 



4-18 NEW JERSEY COLONIAL DOCUMENTS. [1701 



Memorial of Jeremioh Basse to the Lords of Trade, 
asking to be heard before any final decision, as to 
the Surrender of the Government of East & West 
Jersey. 

(From P. R. O. B. T.. Proprieties, Vol. C, G. 35 J 

To THE Right Honor"*^" the Lords Commissi of 

Trade (Sc'^ 

The Humble Memorial of J Bass on the behalf e of 
His Majesties Province of East Jersie. 

May itt please Your Lordsh^"- 

Being Informed that some few of the Proprietors of 
the Jersies have made some proposals of surrendring 
their Pretentions to that Government vnto his Majesty, 
& have also petitioned for the Aprobation of their late 
Governor Hamilton but not being aqvainted with the 
termes of their Surrender or the contents of the saide 
petition I must humbly move on the behalfe of the 
saide Inhabitants least theare should be any thing 
thearin that may be derogotary to their just rights & 
interests that your Lordships would be pleased to Order 
Me Coppys boath of the saide Pretended Articles of 
Surrender & Petition that I may advice with Councill 
on the same & that your Lordships would be pleased 
to Allow me time if theare should appeare any thing 
contrary to the Interests of the Inhabitants to give in 
Reasons against either the saide Articles or Petition. 
This my Lords I am the rather Induced to Request of 
your Lordships in that I am advised by Council 
Learned in the Law That these Pretended proprietors 
of the Jersies have no Legal Title to the saide Govern- 
ment of the Jersies. 



1701] MEMORIAL OF J. BASSE ABOUT THE SURRENDER. 419 

Because. The Grant of Government from King 
Charles the Second to James Duke of Yorke &'' of the 
Jersies togeather with a much larger tract of Land was 
a personal trust & not by law Assignable to any others. 
The Grant from the saide James Duke of Yorke &'' to 
the the Proprietors of the Jersies of the saide Govern- 
ment ought to have passed to them All the whole 
Bxtent of the land Mentioned in the Original Grant 
from Kinge Charles the Second & not have devided the 
same into Three distinct & independent Goverments as 
by the pretended grants to the Proprietors their Heirs 
& Assigns is apparant. 

If the saide powers of Government May be Legaly 
boath Assigned & Divided The saide pretended Pro- 
prietors have no legal right to dispose of the same 
rhey being butt some jDart of those Gentlemen Grantees 
3f the said Government & conveyed to them Joyntly 
with several Others who are not aqvainted with much 
[ess consenting to the saide pretended articles of Sur- 
render, from which reasons and many more to tedious 
30 trouble your Lordships with the recital of I am ad- 
nsed that the said Proprietors ought not to pretend to 
:he nomination of any person to Your Lordships as 
jrovernor of the saide Provin''^' much Less the saide 
A.ndrew Hamilton Esq"! who Not being a native borne 
subject of England lerland nor the Plantations is by 
Douncil Learned in the Law Deme'd to be vnqualified 
'or the said trust l)y the Act made in the Seaventh & 
Eig-th years of his majesty for the Regulation of the 
Dlantation trade /// that The Governors of any of the 
Provinces have not onely the Com'isionating the Naval 
Dficers to take care of the Plantation trade butt Have 
ilso the Heareing & determining of all Causes by Ap- 
jeale from any of the Lower Courts whearein the 
)reaches of the saide Acts of trade & plantations are 
nore perticulerl}' complained of & tried: & the saide 
\.ct doth Expresly provide That all places of Trust in 



420 NEW JERSEY COLONIAL DOCUMENTS. [1701 

the Courts of Law or what Relats to the Treasurie in 
the saide Islands shall from the makeing this Act be in 
the hands of the Native borne Subjets of England Ire- 
land or the saide Islands, so that Not onely this clause 
but the whole designe & end of the Act being to Keepe 
the trade of the Plantations intirely in a dependance 
on England & the great cause of makeing itt being the 
Continued complaints of an lUegall trade Carried on 
by Scotchmen to Scotland Holland Curasoe &" & con- 
nived att by Such as vare in Authority an Instance 
wheareof I am informed was given by Edward Ean- 
dolph Esq'' Survey' Gen" of his Majestys Customs &' 
in this very Gentlemans open countenancing & abbet- 
ing on William Eighton in bringing Scotch goods &": 
into the provinces of the Jersies of which he was att 
that time Governor. I would humbly intreat youi- 
Lordships that I may be heard by my selfe & councill 
before your Lordships doe make any finall Eeport on 
the Articles or Petition of the saide Proprietors. 
[September 30^" 1701] . J Bass 



Lords of Trade to the Lords Justices, relating to the 
Surrender of the Governments of East & West 
Jersey by the Proprietors. 

[From p. R. O. B. T., Proprietors. Vol. 27. p •2ii.'\ 

To Their Excellencies the Lords Justices 

May it please your Excellencies ; 

In obedience to your Excellencies Commands signi- 
fied to Us by M': Yard, upon severall Papers laid before 
your Excellencies relating to the State of his Majesties 
Provinces of East and West New Jersey in America. 

We have considered all the said Papers togeather 



1701] THE LORDS OP TRADE RESPECTING THE SURRENDER. 421 

with others of the hke nature that were ah-eady in our 
hands, and having hke wise heard what the Proprie- 
tors and others had to offer. We thereupon most 
humbly report to your Excellencies 

That these Countrys which are now known by the 
name of East and West New Jersey were granted, 
together with Severall other Territories by King- 
Charles the Second by Letters Patents bearing date the 
12':" day of March 1664 to the then Duke of York, his 
heirs and assigns, Together with full and absolute 
power and authority to him, his Heirs, Deputies, 
Agents, Commissioners & Assignes, to Correct, punish, 
pardon, govern and rule all such persons as did then or 
should at any time thereafter reside within the said 
Territories according to such Laws, Orders, Ordinances, 
Directions and Instructions as by the said Duke of 
York or his Assigns should be Established, and with 
Several other Clauses relating to the Goverm' and de- 
fence of the same. 

That the said Duke of York did thereupon grant, 
carry & Assign the said Provinces (by the name of 
Nova Caesaria or New J ersey) to John Lord Berkley 
and S' George Carteret their Heirs and Assignes. w"' 
all and every the Appurtenances thereto belonging, in 
as full & ample manner as the same were granted to 
him by the foresaid Letters Patents of King Charles 
the 2*^ 

That his said Majesty King Charles the second by 
other Letters Patents, Dated the 29*" of June 16Y4, did 
again grant and convey to the said Duke of York, all 
the said Lands and Territories in the same manner as 
before expressed; And that Severall Subdivisions and 
Sales having in the mean while been made by the said 
Lord Berkeley, S": George Carteret and others claiming 
under them He the said Duke of Yorke did by Inden- 
ture dated the Sixth day of August 1680, Grant and 
Confirm the Province of West New Jersey, with all 



4^2 NEW JERSEY COLONIAL DOCUMENTS. [1701 

the Appurtenances thereto belonging to Edward 
ByUinge of Westminster Gent in whom the Title there- 
unto then was, and to his heirs & Assignes for ever, 
and did in the Uke manner by Indenture dated the 14^'' 
day of March, 1682, grant and confirm the Province of 
East New Jersey with all the appurtenances thereto 
belonging to James Earle of Perth, William Penn Esq"^ 
and Several other persons in whom the Title to the 
Same then was, and to their Heirs and Assignes for 
ever. And by each of the said Indentures did like 
wise give grant and assign unto the aforesaid respec- 
tive Grantees or Assignees, all and every such and the 
same Pow"".* Authorities, Jurisdictions, Governm^** and 
other matters & things whatsoever, which by the fore 
mentioned respective Letters Patents or either of them 
were granted or intended to be granted, to be exercised 
by him the said Duke of Yorke, his Heirs, Assignes, 
Deputies, Officers or Agents. 

That the present Proprietors who derive their respec- 
tive Titles to their Several Shares and proportions of 
the soyle of those Provinces by Several mean Convey- 
ances from and under the fore mentioned Grants to 
Edward ByUinge & to the Earl of Perth and other 
persons to whom the Duke of York had immediately 
conveyed the same, doe in like manner and by virtue 
of diverse such mean Conveyances, claim the same 
Powers and Eights of Government as were granted by 
King Charles the Second to the Duke of Yorke and by 
him to others according to the Tenour of the foresaid 
Indentures. 

That nevertheless we do not find that any sufficient 
form of Government has ever been settled in those 
Provinces either by the Duke of York or by those 
claiming under him as afores'l But that many incon- 
veniences and disorders having arisen from their pre- 
tence of right to Govern, The Proprief.® of East New 
Jersey did Surrender their said pretended Right to the 



1701] THE LOflDS OF TRADE RESPECTING THE SURRENDER. 43Ji 

late King James, in the Month of Aprill 1688, which 
was accordingly accepted by him. 

That since his Majestys Accession to the Crown, the 
Proprietors both of East and West New Jersey have 
continued to challenge the same Right as before, and 
did in the year 1697 apply themselves to Us in order to 
their obtaining his Majesties approbation of the person 
whom they desired to have constituted Governor of 
the said Provinces; But at the same time refused to 
enter into Security to his Majesty pursuant to the ad- 
dress of the Right Hon'^l'' y': House of Lords of the 18"' 
of March 1696, that the person so presented by them 
the said Proprietors should duly observe and put in 
Execution the Acts of Trade; Yet Nevertheless pro- 
ceeded, from time to time, to Commissionate whom 
they thought fit, to be Govern' of those Provinces 
without his Majesties Approbation according to what 
is required by the late Act for Preventing Frauds and 
regulating abuses in the Plantation Trade. 

That in this manner having Formerly Commission- 
ated CoUonel Andrew Hamilton, Afterwards M'; Jere- 
miah Bass; Then again Superseding their Commission 
to M'-' Bass and renewing or confirming that to Collonel 
Hamilton; And even Since that also Some of them 
having Sent another Commission to one Captam 
Andrew Bown. The Inhabitants Sensible of the de- 
fects and Insufficiency of all those Commissions, for 
want of his Majesties Authority, have upon Severall 
occasions Some of them opposed one of those Gover- 
nors, Some another, according as Interest, friendship 
or Faction have inclined them. 

That the Inhabitants of East New Jersey in a Petition 
to his Majesty the last Year, complained of Severall 
grievances then lay under by the neglect or misman- 
agement of the Proprietors of that Province or their 
Agents; As particularly that from the latter end of 
June 1689 till about the latter end of Aug'.' 1692 (which 



424 NEW JEESEY COLONIAL DOCUMENTS. [1701 

was a time of Actual Warr) they had not taken any 
manner of care about the Government thereof; So that 
there having been neither Magistrates Estabhshed to 
put the Laws in Execut" nor Mihtary Officers to com- 
mand or give directions in Order -to the defence of the 
Province, they were exposed to any Insults that might 
have been made upon them by an Enemy. Unto 
which they also added, that during the whole time the 
said Proprietors have Governed or pretended to govfern 
that Province, they have never taken care to preserve 
or defend the Same from the Indians or other Enemies, 
by Sending or providing any Amis, Amunition or Stores 
as they ought to have done; And the said Inhabitants 
thereupon humbly prayed his Majesty would be pleased 
to Coirimissionate Some fit person qualified according 
to Law, to be Gov': over them. 

That it has been represented to us by Severall Letters, 
Memorials and other Papers, as well from the Inhabi- 
tants as Proprietors of both those Provinces that they 
are at present in confusion and Anarchy and that it is 
much to be apprehended, least by the heats of the 
Parties that are amongst them, they should Fall into 
such Violences, as may endanger the lives of many 
persons and destroy the Colony. 

That the greatest number of the Proprietors of both 
those Provinces residing in this City, being hereby Sen- 
sible of the Necessity of His Majesties Authority for 
the preserving of Peace and good Order in those 
Countries, have lately presented a Petition to Your Ex- 
cellencies; in the preamble whereof tho' they still seem 
to assert their Title to the Government of the said 
Provinces, Yet nevertheless in the end declare that 
they have agreed and are ready to Surrender the same 
to his Majesty, upon such Terms and Conditions as are 
requisite for preservation of their Proprieties and Civill 
Interests; And they thereupon humbly pray, that for 
the preservation of the publick peace, Your Excellen- 



ITOlJ THE LORDS OF TRADE RESPECTING THE SURRENDER. 425 

cies would be Graciously pleased immediately to ap- 
prove CoUonel Hamilton to be Governor of both the 
said Provinces of East and West New Jersey until the 
Terms of Surrender can be adjusted. 

That in a late Memorial presented to your Excellen- 
cies (and signed not only by the same persons, but by 
others likewise, who wou'd not joyn in the Prayer of 
that Petition) having again prepaced [?] their own pre- 
tended right to Government; They do in like manner 
declare their readiness to Surrender the same, In 
humble hope and Confidence (as they express them- 
selves) that his Majesty will be pleased to grant them 
all reasonable privileges which are necessary to preserve 
their Civill Rights and the Interests of Planters, and 
which are not inconsistent with his Majesties Service 
or Royal Authority, after which they proceed to pro- 
pose, and particularly enlarge upon Several Articles 
relating to the Method of Settling both the said Prov- 
inces and uniting them under one Government. 

That the Proprietors of East New Jersey, residing 
there, have signed and sent over hither, to a Gent, 
whom they have constituted their Agent and Attorney 
in that behalf, an absolute and unconditional Surrender 
of their Right to the Government of that Province so 
far as the same is in them And so far as they are 
Capable of doing it for others concerned with them in 
that Propriety. 

That in relation to the foresaid Articles, We have 
been Attended by Severall of the Proprietors here, who 
have further personally declared to Us, that their in- 
tention in proposing the same is only to secure their 
light in such things as are matter of Property, and 
that they Unanimously desire to Surrender the Gov- 
ernment to the King, and Submit the Circumstances 
thereof to his Majesties Pleasure. But in relation to 
the fore mentioned Petition, that Collonel Hamilton 
may at present receive His Majesties approbation to be 



42H NEW JERSEY COLONIAL DOCUMENTS. [1701 

Governour of these Provinces, the said Proprietors are 
so divided amongst themselves, that whereas some seem 
to insist upon his Approbation as one principal Con- 
dition of their Surrender others in the same manner 
insist up" his Exclusion. 

Upon all which we humbly Represent to your Excel- 
lencies. 

That not being satisfied that the fore mentioned 
Grants from the Duke of Yorke (the only Title upon 
which the said Proprietors Claim a right to Govern- 
ment) without any direct and immediate Authority 
from the Crown, were or could be of any validity, to 
convey that Right (which we have been informed is a 
power inalienable from a person to whom it is Granted, 
and not to be Assigned by him unto any other, much 
less divided. Subdivided and convey'd from one to 
another, as has been done in the present Case) We did 
thereupon humbly represent to his Majesty the 18*^ of 
Aprill 16 "9, that a Tryal might be had in Westminster 
Hall, upon a feigned issue, whereby their Claim to the 
right of Government might receive a determination. 

That no such determination having yet been made, 
nor any proceedings (that we know of) had upon the 
fore mentioned Surrender. But it being generally 
acknowledged both by the Inliabitants and Proprietors 
of the fore said Provinces, that the disorder and Con- 
fusion they are now fallen into are So great, that the 
publick Peace and Administration of Justice is inter- 
rupted and violated; And that whilst those disorders 
continue, there neither is nor possibly can be, any due 
provision made for the guard and defence of that 
Country, against an Enemy; We are humbly of 
Opinion, that it is very Expedient for the preservation 
of those Territories to the Crown of England, and for 
securing the private Interest of all persons concerned. 
That his Majesty would be pleased to Constitute a Gov- 
ernour over those Provinces by his immediate Com- 



1701] THE LORDS OF TRADE RESPECTING THE SURREXDER. 427 

mission; Which together with the Instructions to be 
also given to the said Governor, may contain such 
Powers, Authorities and directions, as may be neces- 
sary for the EstabUshing there a regular Constitution 
of Government, by a Governour Councill and Generall 
Assembly, with other Civill & Mihtary Officers, and 
for securing to the Proprietors and Inhabitants all 
their Proprieties and Civill Rights in as full and ample 
manner as the like are enjoyed by any Plantation und"". 
Governours appointed by his Majesties immediate 
Commission; Together with such Clauses and further 
Provisions as may be thought reasonable in Order to 
prevent the interfering of that Colony with the interest 
of his Majesties other Plantations as the Proprietary 
Governments in America have generally done 

And we further humbly offer that Draughts of such 
a Commission & Instructions may be prepared; And 
that they may be also shown to y*^ Propriet'.^ of those 
Provinces, in Order to their acquiescence & the Sur- 
rend' of their pretended Right to Govermn-' in such 
manner & form as may be effectual in Law, to the 
final extinguishing of their pretences. Or in case of 
their refusal, in Ord'.' to such other proceedings as shall 
then be thought fit 

All w*^'' nevertheless is most humbly Submitted 

Phil: Meadows 
Jn° Pollexfen 
Abr: Hill 
Mat. Prior 
WhitehaU 
Octob-: the 2"^ 1701 

[Under date of October 5th, Secretary Yard informed 
the Lords of Trade that the Lords Justices had directed 
that they proceed to prepare the draft of the Commis- 
sion and Instructions they proposed. — Ed. | 



428 NEW JERSEY COLONIAL DOCUMENTS. [1701 



Chief Justice Atwood to the Lords of Trade. 

iFrom N. Y. Col. Doc'ts., Vol. IV., p 923.] 

To the R,* Hon'^'^ the Lords Commissioners for 
Trade and Plantations. 

My Lords (Extract) 

* * * * % 

In a short intervall of publick business here, I went 
to Burhngton, where I pubhshed my Commission for 
West Jersey and tooke the Oath and signed the test 
and association in Council before Coll Hamilton, whose 
authority in the other Jersey is much disputed. 

* * * * My Lords 

Your Lordships most obed^ 
& most devoted humble Serv^ 

W. Atwood. 
New Yorke 
Ocf^ 20 1701 



Secretary Popple to Sir Thomas Lane Knight. 

[From P. R. O. B. T. Proprieties, Vol. 37, pai3.] 

To S'i Thomas Lane Knight. 
Sir. 

I am commanded by the Lords Com'isson'"'' for Trade 
and Plantations to send you the inclosed Draughts of a 
Commission and Instructions for a Governour for his 
Majesty's Province of New Jersey, prepared by Order 
of their Excellencies the Lords Justices; That you may 
communicate the same to the Proprietors of both the 
Divisions of East New Jersey and ^\'^est New Jersey, 
for their Observations thereupon; Which their Lord- 



1701 J GOV. AND COUNCIL FOR W. JERSEY PROPOSED. 420 

ships desire may be made and returned to them with 
all convenient speed, in Order to such further proceed- 
ings as shall be found necessary for the setthng of that 
Province in a due form of Government. I am &," 

W:P: 
Whitehall 
November the 14*^ 1701 



Names of Persons proposed for Governor and Council 
of New Jersey by the Proprietors of West Jersey. 

IFrom p. R. O. B. T. Proprieties, Vol. 6, G 45.1 

Names of persons proposed by Sir Tho: Lane and 
other })rop'".^ of West New Jersey for Gov^ and 
Council] of Nova Caesaria. 



Names of Councellours. And Govern'. 


Coll° Andrew Hamilton; Esq'.': Govern"" 


E. N. J.' 


1 Lewis Morris i 




2 Edward Hunloke 


E. N. J. 


3 Andrew Bowne \ 




•4 Samuell Jennings ) 




5 Thomas Revell \ 




6 Francis DavenjDort i Councellors 


E. N. J. 


7 William Pinhorne - 


E. N. J. 


S Samuel Leonard ) 




9 George Deacon j 


E. N. J. 


10 Samuell Walker i 




11 Daniell Leeds [ 


E. N. J. 


12 WilHam Sandford ) 



'' The names having "E. N. J.'' attached, from East Jersey, the others, from 
AVost Jersey.— Ed. 



430 NEW JERSEY COLONIAL DOCUMENTS. [1701 



Names of Persons proposed by the Proprietors of East 
New Jersey to be Governor and Council of New 
Jersey. 

rFrom S. P. O. B. T. Proprieties, Vol. 0, No. G. :*i] 

Names of persons proposed by M\ Dockwra and 
other prop^® of East New Jersey for Gov"! and 
Council of Nova Caesaria. 

The Proprietors of the Provinck of East-New- 
Jersey in America, In Obedience to yo^ Lop^ 
Directions, Doe humblv p^'sent the ifollowing 
List of Persons, togetlier with theii- respective 
Character and qualliiications. For Governoi- 
and Councill of the intended Province, to be 
caird Nova Caesaria, or Nevv-Jersie. 

For Governor 

Andrew Bowiie Esq' present Governor of East-New- 
Jersie, a man of Probity, much esteem'd in the Prov- 
ince, of Unblemisht Reputation and intirily affected to 
His Maj*'.^" person & Governm^ 

OR 

Major Richard Ingoldesby well known to have Sig- 
nallized himself by many good services to His Country 
and in the year 1<»S8 came over from Holland w'!' His 
Maj*'.'' was then honored with the first Commission for 
Major, and served in Coll" Tolmash his Regiment, 
afterward in Ireland w*'' exemplary courage vt conduct 
before Carick-fergus <k maintaining that notable pass 
of the Newiy, and since went abroad to His Maj*'."' Col- 
lony of New- York, being well acquainted with the 
Countryes in that Neighbourhood. And on the death 



1701] E. JERSEY XOMIXATIONS FOR GOV. A NI) COUXCIL. 431 

of Governor Slaughten coni'anded in Chief in that 
Province to the generall satisfaction of yt Inhabitants 
for which he has ample & authentick Testimonialls. 
And particularly is recommended to the West-Jersey- 
Society as well as to y! Proprieto" of East- Jersey, by 
His Grace the Duke of Ormond, to be presented to yo"". 
Lo^p* to Report the said Majors Character & ;merrits to 
His Majesty in hopes of His Grace &, ffavour to ap- 
point him His Maj"?^ Governor of Nova Caesaria or 
New-Jersie. 

For Members of the Councill for 

East-Jersey Divission We present. 

Lewis Morris Esq": M' Sam Walker 

Andrew Bowne Esq^ M": W™ Pinhorne 

if his Maj*i® please to M': Sam: Leonard 

nominat Major Ingoldesby M": W" Sandford 

His Governor. 

The six Persons abovementioned To the best of our 
knowledge or information are the most fitt to be pie- 
sented to yo'^ LoT for members of the Councill to His 
Maj*'"^ Govern": 




(^wf i^— /^^^ 




432 NEW JERSEY COLONIAL DOCUMENTS. [1701 

Secretary Popple to Attorney General Northey, asking 
him to consult luith the Lords of Trade upon the 
Surrender of the Governments of East & West 
Jersey. 

[Fi-om P. R. O. B. T., Proprieties, Vol. 87, p. 317. | 

To Edward Nortliey Es^f. her Majestys Attorney 

Geuerall. 
Sir. 

The Lords Commissioners for Trade and Plantations 
having under Consideration by Reference from the 
Late Lords Justices, some Proposalls made by the Pro- 
prietors of East & West New Jersey in America 
relating to the Surrender of their pretended Right to 
the Government of that Country, Their Lordships 
desire you would please to call in at their Board on 
Thursday oi* Friday morning next (which may best 
suit with your Conveniency) about Ten of the Clock; 
In order to advise with them about the Methods in 
which that Surrender may most fitly be made. 

W:P. 
Whitehall 
December: 9**' ITOI. 



Objections to the appointment of Andrew Hamilton as 
Governor of New Jersey^ presented by William 
Dockwra. 

[From P. R. O. B. T. Proprieties, Vol. 6. G 48.] 

Paper of Objections against Coll: Hamiltons being 
made Governour of Ne^v Jersey, presented to 
the Board by M': Dockwra <fec. Dec'' 16*^ 1701 

The Following Accotmt of Coll: Hamilton & his Pro- 
ceedings whilst Goverri'. & Agent in the Provinces 



1701] OBJECTIONS TO AND. HAMILTON AS GOVERNOR. 433 

of East and West Jersey, is humbly Presented to 
your Udpps. 

In the year 1687 Coll Hamilton had a Commission sent 
from y' Committee [by the] Proprietors of East Jersey 
under the Province Seale in London, By which he was 
obliged to follow Such orders and Instructions as he 
should receive from the said Councill of Proprietors in 
London. 

In his Administration under this Commission In- 
structions and orders were sent from time to time 
which he was required to put in Execution, But 
directly contrary to the same, in Breach of the Trust 
reposed in him, to the great Loss and Dishonour of the 
Proprietors. 

After many Letters of complaint from the Proprie- 
tors, he took shipping [for] England. But in his 
Passage hither was taken by the French, and as [ . . ] 
the Proprietors lost all the coppies of those Books and 
papers which he pretended would have put him in a 
capacity of giving a better accounte of his Administra- 
tion and of excuseing himselfe; This Insinuation joyn'd 
to the Fan promises of [ . . . ] better Administration 
at his Return to Jersey, and that he would give [ . . . ] 
satisfaction for his former offences, and the Pitty the 
Proprietors had of his misfortunes Prevailed with the 
Proprietors to grant him a new Commission in the 
year 1692. 

Under these [this?] Commission He had repeated 
orders and Instructions, But notwithstanding all his 
Promises and the continued Importunity of y*" Prop- 
[rietors] to have an account of his Former proceedings: 
He persisted in the [discharge?] of his duty not observ- 
ing any of their orders, and to this day have never 
given an account of any One years Transactions in the 
Province. 

The Proprietors of East Jersey Provoked by such 

29 



■434 NEW JERSEY COLOlSriAL DOCUMENTS. [1701 

usage joyn'd with the Society of West Jersey: and sent 
over Coll: Bass in the year 1697 with their Com[mis- 
sionj of both Provinces, thereb}'' superceeding Coll: 

Hamiltons [ ] Commission which his Faction 

resented in that manner that tho' Coll: Bass received 
Instructions from this Hon^!" Board Signed by the 
Lords Justices and Counter Signed by the Lords of the 
Treasury having his Dispatches from hence, and Em- 
barking on the same man of Warr with the Earle of 
Bellomont, and had a Dedimus Protestation under the 
Broad Scale of England. By which he was Sworne by 
my Lord Bellomont in New Yorke; notwithstanding 
all this, they denied his Authority and Publickly 
affronted the said Governour Bass & Judges in open 
Court as appears by many Letters and Affidavits. 

This Opposition was the first occasion of the Heats 
and Animos[ities] in those Provinces and laid the 
Foundation of all those fewds & Com[phcations] which 
continue to this day. 

Coll: Hamilton after the Province was sett on Flame 
by his Incen [diaries] took advantage of those confusions 
Eeturned to England; insinuating [him]Selfe in to the 
Favour of Some of the West Jersey Society (who were 
Ignorant of his Proceedings under the Commission of 
the East Jersey Proprietors) and by his relation of the 
Posture of Affairs induced them to believe that there 
was no way of Quieting the province But by constitut- 
ing him Governor Since the Superceeding his Commis- 
sion gave Eise to the Divisions there. 

The West Jersey Society Deluded by this Artifice 
perswaded some of y'' East Jersey Proprietors to Joyne 
with them in giving Coll. Hamilton a New Commis- 
sion under a pretence that the necessity of affairs 
required it ; at least till they could be better Provided. 

The East Jersey Proprietors dreading the event of 
Intestine Animosities comply'd with the Proposall tho' 
Coll: Hamilton had formerly so notoriously forfeited 



1701] OBJECTIONS TO AND. HAMILTON AS GOVERNOR. 435 

his Reputation with them: Thus by this managem* 
they procured a Majority of proprietors and Sent 
Coll" Hamilton over with their Com'ission and thereby 
Superceeded that of Coll Bass. But CoUonel Hamilton 
Sensible without the Kings approbation he should meet 
with Opposition, being the very Argument used by 
himself e and adherents against Coll' Basses Co'mision, 
Endeavours were used to obtain the same by Petition 
to his Majesty, But it was denyed. Yet the business 
Coll" Hamilton had to doe for the West Jersey Society 
was motive sufficient to prevaile with him to act under 
a Commission of so much less Authority than that of 
Coll Bass, and which for that Reason he knew would 
be strenuously controverted there, and has since had 
all those Dire Effects which the Aversion to that people 
to a Scotch Governour (promoting a Scotch Interest) 
gave Just apprehensions would procure. 

The East Jersey Proprietors finding they were mis- 
taken in their Remedy, and that this Alteration had 
occasioned a farr greater disgust in the Province, and 
that the Inhabitants were resolved never to obey Coll: 
Hamilton But they themselves under any Power rather 
then that of a Scotch Governor, did send over their Com- 
ission constituting Capt: Andrew Bowne upon the place 
their present Governour, a quiet man that had been 
Deputy Governour and well esteemed in the Province: 
and a Second time Superceeded CoU" Hamiltons Com- 
ission. 

Coll° Hamilton believing it Impossible ever to Impose 
again on the Proprietors, resolved to try the Last 
Effort, and then Sett up in Opposition to the Proprie- 
tors themselves, and tho' by his Commission he was 
obliged to Surrender the Government on the arrivall 
and Publishing of a New Comission, under the Scale 
of the Province, which Commission was So Published. 
Yet he detained the Provinciall Seale, keeps all the 
Records, and the Dedimus Prostatem, totally Subvert- 
ing the Government 



I 



436 XEW JERSEY COLOXIAL ])OCU.MENTS. [1?01 

This may it please your Lopp's is but a Short account 
of Collenell Hamilton, and it's hoped that This with 
the Petitions & Remonstrances both from East and 
West Jersey already before this Honorable Board, will 
So farr lessen him in your Lo'pps Esteeme that he will 
not be thought worthy of Recommendation for Gover- 
nour of New Jersey, and since your Lo'pps were pleased 
to advise ag'st presenting any party man (Coll Hamil- 
ton being peculiarly such) It is hoped your Lo'pps will 
not think it a medium to reconcile the contending 
l^artys of both Provinces by presenting him, nor Judge 
it the most proper method to advance and Encourage 
an English Colony by advising his Majesty to consti- 
tute a Scoth Governour. 

The Aversion of the Inhabitants is an Objection of 
that Importance as is presumed will have weight with 
y' Lo'pjDS. 

For may your Lo'pps be pleased to be further In- 
formed that the Injuries the Inhabitants there, and the 
Proprietors here have received from Coll: Hamilton 
are the motives to their Surrender; and they therefore 
hope that they Shan't draw on themselves that very 
Evill, they would Endeavour to be freed from; and 
only beg leave to add, that all those who have suffered 
by Coll Hamilton can have no hope of Redress Should 
he be constituted Govern'; For then he will become 
Both Judge and Party too. 

To give yo' Lo'pps no further trouble; Tis humbly 
conceived the Present Apprehension of Warr may re- 
quire a Gov^ Skilled in IMilitary affairs. That the 
Militia may be well moddleed and Disciplined, and putt 
in a Capacity of Opposing Forreign Enimies- as well as 
quieting Intestine Fewds. And therefore tis humbly 
offer'd to your Lo'pp's Wisdome for the Recommenda- 
tion to his Majesty of Such a One. 



1700] GOVERNOR HAMILTON OX E. JERSEY AFFAIRS. 437 



Letter from Governor Andreiu Hamilton to the Pro- 
prietors in England.' 

From the original among the MSS. of W. A. Whitehead. 

From (xoveriior Hamilton. 

Perth Amboy, 1st June, lYOO. 
JVorthy Gentlemen: — 

I am at a great loss for want of advice from you 
how fan- you have concerted the affair of the surrender. 
The people here proposeing to themselves that they 
will be upon the levell with you when the goverment 
is out of your hands, may purchase lands of the 
Indians as well as you & may thro vp their patents 
& hold by their Indian purchase. I say proposeing 
these advantages to themselves (& there's no beating 
them out of it) they lay hold on any twigg they think 
will attain their end. I send for your perusall a copy 
of a petition that the factious pai-t of the people sent 
about to get hands to, & I send you luy remarks vpon it." 

I was in a mistake concerning Mr. Royse, he had 
an old patent w''' contains about 20000 acres,' but 
becaus the stations were uncertain & the boundaries 
would not meet, he addressed the prop'"' at home for a 
new patent, w''' he had & contains about 6000 acres, 
for w''' he was to pay £5 a year for the whole instead 
of the i per acre, and the prop""' forgetting to make him 
surrender his old patent he now claims about 20000 
acres by it & so takes away upon Milston River from 
Mr. Hart, & on the Raritan from Mr. Plumstead & 
Mr. Barker considerable tracts of land, so that he uses 
both patents, the old one if he can, and the new one if 



' Should have been previously inserted.— Ed. 

^ This was probably the petition to be foimd on page Sil.— Ed. 

'■' " Being all purchased by him from the Indians " erased.— Ed. 



4;38 KEW JEESEY COLONIAL DOCUMENTS. [1700 

the old fail him; it was a great oversight, he is the 
ringleader of the troublesome part of the people, & its 
he that infuses the notion in them of holding by their 
Indian titles. If they have made any alterations in 
their petition I know not; but I believe it will be much 
to the same purpose, but if the King give a Counte- 
nance to a factious & a false petition to break your 
Governm^ it will introduce ill presidents. 

While the people propose to themselves such ad- 
vantages by the governm'^ being in the hands of the 
King, you cannot expect they'l raise money to defend 
it, nor give any thing wherein they suppose you will 
share the advantage with them, & therefore if the sur- 
render is not compleated, a tryall will be less expense, 
& whatever be the issue will vindicat you more than 
the surrender, for instead of thanking you for the 
priviledges you obtain, they will reproach you for 
receding from what they think their due, for instance, 
you propose that upon the annexation, the same 
number of Counties continue, & by the same Names, 
& that as many represent in Generall Assembly a 
County m E. J. as there shall at N. Y and I perceive 
the Ld' will allow but E. J. to be I of that Assembly, 
& should you consent to this proportion by Charter the 
people will curse you, for in York governm* two repre- 
sent a County, wherein E. J. being but I will be less 
than one to represent a County; & so will they Cavil 
if the Port be precarious. Indeed I don't well see that 
their Ld'ps can retrench them, or a Charter ty them vp 
to less then a just proportion.' I beseech you gentle- 
men without loss of time bring things to an issue, if they 
will not advise the King to establish your Port by 



1 These remarks refer to one of the proposals of the proprietaries containing 
specific provisions to be inserted in the act of surrender, which was submitted to 
the Lords in July, 1669. It was probably the difficulty that might be expected in 
pleasing the inhabitants, who were disposed to cavil at whatever they might do, 
which led to an unconditional surrender. The proposals will be found on page 294 
of this volume, and the reply of the Lords in Smith's N. J., p 562.— Ed. 



1700] GOVERNOR HAMILTON ON E. JERSEY AFFAIRS. 439 

patent, & give the people a just proportion in the As- 
sembly you have a handsome retreat. Only this I 
must caution, you'l be forced to accept of a New- 
Charter to secure your lands if it be allowed by Council 
learned in the Law that an Indian title be good tho' it 
is strange to me if it be, for if so, then the King's 
Grant is of no benefite to the prop" but if you find the 
people will be forced to hold by their patents, the tryall 
will best clear you of imputation. 

Finding no hopes of raising money, I forbore call- 
ing our Assembly till their own was to sit of Course by 
an Act passed in Mr. Basse's time, w'^'' is to meet yearly 
by proclamation the 4th Tuesday in May, & the rather 
becaus the Assembly of West Jersey was to sit on the 
12th of the same month, & that the decencie & order 
of that people might be of good example to them. I 
accordingly issued out proclamations to meet on the 
4th Tuesday in May, & becaus severall towns had not 
chosen, I issued out writs to them to choose & to meet 
the s'' day. They accordingly mett, & on the afternoon 
of that day the whole house came to me & the Council. 
Capt. Bowne (as I was beginning to speake,) told me 
that he was ordered by the Representatives to ask By 
what authority I called them together. I told him he 
could very wel have answered that point himself 
having heard my Commission read upon my arrivall, 
Mr. Royse asked if I had the approbation as the Act 
directs, I told him I was as much surprised to hear him 
ask that question, 1st that he had not scrupled that in 
Mr. Basse's time, believing that was the King's 
business to enquire into, not the peoples in w'^'' I told 
him he was in the right. 2d. For that he had upon 
my first comeing, heard me relate the several steps 
had been taken to obtain an approbation, & what 
obstructed it, but since he was not so just as to inform 
the Representatives what he knew, that I would. And 
accordingly I related the whole steps had been made & 



440 ]!fEW JERSEY COLONIAL DOCUMENTS. [1700 

why it was not granted, viz'., that to break their Ports 
the Crown had of late questioned the prop" Right to 
governm* looking on it as unaccountable to be a gov- 
ernm*^ & not allowed a Port as all other distinct Colo- 
nies in America are. That accordingly the L*^"* of 
Trade, to whom the prop" petition was Referred, had 
advised the King to consent to a tryall in West Min- 
ster Hall for their Claim to both, w'^' Report was 
Confirmed by the King & referred to the Attorney 
G-ene' to direct the method of the tryall. That, after 
the Report, I had applyed to the Council of Trade & 
told their L'ps that since they were pleased to scruple 
the prop" title to Governm' I should be unwilling to 
act under any Comission their L'ps should account 
unwarrantable, and thereby either draw my self or the 
prop" under any Inconveniences I Acquainted the 
Representatives that (being ordered to withdraw) I was 
in a short time after called in, That the L'^' were 
pleased to tell me that tho' they questioned the prop" 
Right to Governm' yet they did not intend that as an 
Inhibition to the prop" or a forbidding them to act 
further untill the tryall betwixt them & the King were 
issued, or that the terms of the surrender were Con- 
certed, being sensible that people could not be without 
Governm*. And therefore if I acted according to the 
Laws of Engl'd the prop" would be sufficiently justifi- 
able in Commissioning me, & I safe to act under it, 
but that the granting an Approbation was a recogniz- 
ing the prop" title, & by Consequence giveing away 
what they accounted the King's Right. 

I fiu-ther told the Representatives that aU of them 
were sensible that the prop" did not set up a governm' 
at their own hand, but that the obedience of the In- 
habitants was first commanded by King Charles 2d 
that no King since had absolved them from that ty 
That the tryaU w"'' the King offers them for their 
Right to Governm* is an argument that he looks on 



1700] GOVERNOR HAMILTON ON E. JER.SEY AFFAIRS. 441 

their Grant to be in force till that try all is issued, & 
therefor while it was safe for the prop" to act, it was 
safe for them to obey, that the want of an approbation 
was no fault of the prop" for that they had followed 
the pi'oper Methods for obtaining it, & if the L''"* refused 
it, it could not be charged as a crime in the prop" 
or in me if I acted without it, & that it was the King 
not the people was judge how farr a person was quali- 
fied or unqualified to Act, & the prop" were always 
ready to answer for that, & it was they run the risque 
if any was not the Inhabitants. 

Notwithstanding Mr. Royse he still insisted that 
they were not safe to act without an Approbation, w*^'' 
put me upon the necessity of plain dealing with them, 
I told them that I was not a stranger to the point they 
were driveing at, & that the getting the governm' out 
of the prop" hands they accounted the means to obtain 
it as it was that, not want of an Approbation, was the 
reason of their pretended scruples, but withall, as they 
might miss the mark, so they were unmannerly & un 
gratefuU to the prop" who had been at so great a 
charge to maintain the Governm* purely to make them 
easie and would always have thrown it vp when the 
people had applied to them, That by keeping them a 
distinct province throughout the Course of the late 
Warr, they had their purses & their persons in their 
own disposall, & freed of a Charge of at least 1500()£ 
vv'^'' their proportion would have amounted to, & tho' 
their Cariage would ere long make the prop" thro' 
them off, yet even that Governm' to w''' by their own 
fault they were like to be annexed, they'l use the 
treason but despise the Traitors. 

Thereafter they withdrew, & understanding by 
some of the Members that they were resolved to raise 
no money, and fearing they might use the Authority 
of the Assembly for Countenancing their petition cV: so 
might make a better figure at home, that when signed 



442 NEW JERSEY COLONIAL DOCUMENTS. [1701 

by a few straggling hands, I was glad of an opportunity 
of dissolving them, & as luck would have it, with 
debates among themselves they omitted chuseing a 
speaker the first day, & that dissolved them a Course. 
I shall once more only recommend it to you to bring 
the affair of Governm'^ forthwith to an issue by sur 
render, or rather by a tryall & then you are free of the 
expense of a New Charter. I am unwilling to begin 
the other sheet, & therefore take leave. 
Worthy Gentlemen, 

Your most faithfuU servant 
AND. HAMILTON. 
(Endorsed.) 

Keceived 24th July. 



Lewis Morris to the Lords of Trade, in relation to 
William Dockivra's objections to the appointment 
of Andrew Hamilton as Governor of Neiv Jersey. 

[From P. E. O. B. T., Proprieties, Vol. 6, G. 50 ] 

Mem! from M^ Morris in answer to M'i Dockwray's 
complaints ag^.* Coll Hamilton. Rec'! 31*^ Dec"" 
1701. 

To THE Right HoN'^t" the Lords Commission'^^ For 

Trade and Forreigne Plantations. 
My Lords. 

After so much noise and clamour, as was made 
Against Coll° Hamilton, by his unalterable Enemy W. 
Dockwra, I did expect a List of Particuler charges 
Against him, of such crimes, and Male Administrations, 
as ought to have Barrd him his Majesties favour; and 
the reason I undertooke his defence, was, because to 
my knowledge, his conduct from the year 1692 till 
Basses arrivall, was to y'" generall Satisfaction of the 



1701] LEWIS MORRIS IN FAVOR OF GOV. HAMILTON. 443 

Inhabitants, and from his second arivall in that 
coUony, in y^^ yeare 1699, untill I Left the Province, 
Even his Enemies, did not aleage any thing Against 
him, but his want of Sufficient & lawfull power to 
comand them, w''^* if he had (in their opinion) been 
cloth'd with they had not only then, but would now 
readily obey, not by force, but Choice, 

It is no small Justification, of A Person in the CoU's 
circumstances, y^ after A series of allmost (if not quite) 
ten years administration, his most Inveterate Enemies 
(who certainly would not omit anything) Cannot find 
any Perticular, to acuse him of, but Lay to his charge 
such generalls, as may be aleadg'd against any Gover- 
nour whatsoever, and may w"' greater probability be 
Supos'd falce, then true, and even if true, may not be 
Criminall. 

N° A: It is verry possible A governour may omit, to 
put in Execution those orders and Instructions he 
receives But its not to be Imagined, A man in his 
right witts would Act directly contrary to all of them, 
even the Largenesse of that Accusation, makes it all- 
most Impossible to be true, and if it were. Such might 
have been the nature of their Instructions, that it had 
not been criminall to have disobey'd them (had they 
been absolutely Enjoyn'd) but the Contrary. 

In the yeare 1687 (I thinke) the Late King James, 
reunited y'" Province of East Jersie, and some other 
Proprietary Goverments, to theCrowne; and put them 
under the administration of S'i Edinond Andross, who 
gave ColP Hamilton the chief comand of that Province, 
in his absence, but not long after, the late Happy rev- 
olution hapning, the Severall goverments reasum'd 
what they thought to be their rights, and Among the 
rest New Jersie, but was (as all y'' rest) at that time, in 
confusion, coll° Hamilton therefore thought fit to take 
Shipping for England, to Accomplish its Speedy Setle- 
ment, dnd not (as his acusers Seeme to Insinuate) 
because of their complaints 



444 NEW JERSEY COLONIAL DOCUMENTS. [1701 

In his Voyadge home, he was unhappily taken by A 
French Ship, where he Lost some Accounts relating to 
them as their Agent, notwithstanding they were so 
well satisfied w"' his former Conduct, that they gave 
him A commission in the year 1692, & if what his 
Acusers aUeadge were true, and he so faulty as they 
would paint him to your Lordships they were unwise 
for so doing. 

He return'd to New Jersie, and by Virtue of this 
new comission tooke the Goverment on him, and his 
administration was to y^ greate Service of the Crowne, 
and universall Satisfaction of the Inhabitants, as his 
present Accusers do owne in So many words in a 
Petition to their ExceUencys the Lords Justices. 

N° B: And y* Same Persons, in y* Petic'on do allso 
acknowledge, y^ the reason of their appointing Basse, 
was because they would Avoid any Colour of Offence 
Against the Act, of Parliament made in the 7*!' and 
8*^ yeare of his present Majesties reigne, Entituled: An 
Act for preventing frauds, and regulating abuses in y'' 
Plantation trade, and they write over to Coll" Hamil- 
ton in New Jersie, thanking him for his past adminis- 
tration, and Asuring him that he Should not have been 
remov'd by them, had he not been unquaUified on y*" 
Score of his Nation so it was neither the breach of his 
duty, nor that they were provokt by his usage, as they 
falsely aleadge, that Induc't them to remove him, and 
put Basse in his roome. 

What opposition or afronts, Basse met w'.'' CoU'i 
Hamilton was not concern'd in, but dis waded them. 
It was from me he receiv'd Some of them, not put on 
by CoU^ Hamilton or any body elce; I did nothing but 
what I might Lawfully do, and am ready to Justifie 
every thing I did (on y' Score) when call'd to an 
Account for it. 

Bass's Administration was Such, y^ the Generallity 
of the country extreamly dishk't it, and writ home to 



ITOIJ LEWIS MORRIS IN FAVOR OF GOV. HAMILTOX. 445 

y^ Proprietors, complaining of him, upon which they 
Gave Coll" Hamilton a new commission notwithstand- 
ing all that they alleadg'd against him, and writ a 
verry Sharpe letter to Basse & Councill. blaming them 
for classing the Kings Naturall Subjects, into Enghsh 
and Scotts w"' all telling them, they had don Coll° 
Hamilton right in reinstating him in that Govern- 
ment, from which by A mistake they had remov'd 
him. 

Captain Bowne that quiet man, w^*" some othei-s 
Were So Netled at this Letter, which had So Severely 
Censured their 111 conduct, during Bass's administra- 
tion, that they would not continue in the Councill, not 
because they had any aversion to A Scotts man or to 
Coll" Hamilton in Perticuler, (who they prof est A great 
respect to) but because the Proprietors had afronted 
them, as A Letter under captain Bowns hand to Coll" 
Hamilton makes apeare, and All those dire Effects 
they talke of, proceeded from their aversion to the 
Proprietors whose Impruden Conduct Influenced by 
M": Dockwra) not only gave rise to Our unhappy di- 
visions, but by A Series of repeated folKes, added fueU 
to those flames which rage amongst us w":' so much 
fury for that 

N° C: Small part of the Proprietors who are now 
Coll°: Hamiltons Acusers, finding y* Captain Bowne and 
that partie, had so f arr resented the Affronts they rece'd 
from them, as to sacrifice the Pubhck peace to gratifie 
their revenge, began now to move in the tother ex- 
tream, and descending from y' Heights of an Arogant 
and Imperiouse Stile, to y' lownesse of adressing to 
their Adversaries like humble Supliants; they askt 
their pardon for their past usage, and Intreated their 
Assistance for the future, this base and mean trucling, 
as it rendred them to all Persons y' Objects of A just 
derision. So those they Adress't to turn'd their fury 
into Scorne and Spurn'd at their Authoritie with an 



446 NEW JEKSEY COLONIAL DOCUMENTS. [1701 

Equall contempt, & to add A delicacy to their revenge, 
and render those Proprietors as ridiculous, and despica- 
ble, upon record to future Ages, as their Conduct 
justly deserv- d, they attempted to Prevaile w*'' them, 
to make Andrew Bowne (the verry Person that 
headed the faction Against them) their Governour; & 
chose those two Persons who had publiquely Apeard 
Against the Government (on all occasions) to negotiate 
that affaire and by meanes of M'." Dockwra's mediation 
(who as is writt from New Jersie, received A Bribe of 
one Hundred pounds Sterling) they Succeeded in the 
Attempt, and Procur'd A Commission for said Bowne, 
w*''out ever so much as consulting the rest of the Pro- 
prietors, and sent it over w**" one Salter (A person not 
of the best reputation) giving him Power (in case 
Bowne refused) Either to take y'" Goverment himself, or 
Constitute Such other P'son as he thought fit, An 
Action (to say no worse of it) Verry unjust and un- 
reasonable. 

When this commission arriv'd in Jersie, the Prop*'* 
there, finding So few hands to it, judg'd y* it was 
hatch't Privately in A corner, without y*" Knowledge 
and conSent of the rest ; Enter'd their Protest against 
it, as a thing Surreptitiously and basely obtain'd; write 
to y* Small part of the Proprietors here, y' gave that 
commission to Bowne, and Expostulate w"' them 
about it, & tell them that Six Proprietors in New 
Jersie, have as much right to constitute A governour, 
as Six in England & Coll° Hamilton whose commission 
was signed by as many Proprietors, as make up two 
thirds of the whole, by farr y" Majority (w'* by the 
common reason of Mankind, in all Societies concludes 
y*" minor will not nor ought not so far betray that trust 
ropos'd in him by the rest, as to give up the Publique 
records or Seale, or any. way to Part w"' that Author- 
itie he is Cloath'd w*", till an Authority more Sufficient 
Apeares to demand it. 



1701J LEWIS MORKIS IN FAVOR OF GOV. HAMILTON. 447 

This may it Please your Lordships is A short Nara- 
tion of Fact, and deffence of Coll'^ Hamilton against 
his Acusers, and I beg your Lordships wont admit Such 
generall, and (Possibly) untrue allegations, to Lesson a 
Person in your L'ps Esteem, who has so well deserv'd 
of the Crowne as Coll" Hamilton has, & Since y* Pro- 
prietors have Agreed to Pay the Governour till a 
Sufficient fund be rais'd in y"= Country for that End 
(provided they have the naming of him) its hop't your 
L'ps will Judge it reasonable, to oblige them in it; 
EsiDccially when they name A Person, y* will be So 
generally acceptable to y'' people, who (Excepting A 
Small number) have no Avertion to A Scotch man, nor 
to y^ Coll° in Particuler. 

The Inhabitants there (I am Sure) and I believe y' 
Proprietors here, have receiv'd no Injury from Coll° 
Hamilton, nor in his Male administration y'' motive to 
their Surrender, but because the maintaining their 
Government is A charge, and no Proffit to them, their 
authority not Obey'd, the Province in Confusion, and 
no Prospect of its being otherwise, till its put under 
his Majesties more Imediate Administration. 

A Governour SkilFd in Mihtary affaires, is not 
Amisse in any of the King's Plantations, at any time, 
Coll° Hamilton is not unskill'd; and to Opose Forreign 
Enemies, and Quiet Intestine feuds, a whole Regiment 
So Skird will do more Service. The whole is offer'd 
to: your Lordships, to do as your Lordships in your 
wisdom Shall thinke fit by: 

My Lords: 

Your Lordships most humble 

Servant 

Lewis Morris. 



448 NEW JERSEY COLONIAL DOCUMENTS. [1701 



Bej^resentation from the Lords of Trade to the King, 
transmitting drafts of a Commission and Instruc- 
tions to the Governor to be appointed over New 
Jersey. 

[From P. R. O. B. T., Proprieties, Vol. 27, p. 319. Printed from an early certified 
copy in the Library of the N. J. Hist. Society.] 

To THE King's most Excellent Majesty. 
May it Please your Majesty. 

Having been directed by their Excellency's the Lords 
Justices, upon a Eepresentation which We humbly 
laid before them, concerning the Disorders in Your 
Majesty s Provinces of East and West New Jersey in 
America, to prepare Draughts of a Commission and 
Instructions for a Governor to be sent thither by Your 
Majesty, and to Consult therein the Proprietors of those 
Provinces, in Order to the Surrender of their pretended 
right to the Government of the same; We humbly lay 
before Your Majesty the Draugtits, which We have 
prepared accordingly, with such Clauses as We conceive 
proper to enable the Governor (for whose Name We 
have left a Blank) to proceed in Settling a Govern- 
ment in that Country, comformable (as near as the 
Circumstances of the Inhabitants will permit) to the 
methods of Government Settled by Your Majestys 
respective Commissions, in Your other American Plan- 
tations, and withal to prevent the interfering of that 
Colony, with the Interest of those other Plantations. 

We have, also, in Pursuance of their Excellency's 
directions, communicated the said Draughts to Sir 
Thomas Lane and others, the Principal Proprietors of 
West New Jersey, and to M'' William Dockwra, Sec- 
retary, and others the principal Proprietors, of East 



1702] LORDS OF TRADE WITH GOVERNOR'S COMMISSION. 440 

New Jersey, in behalf of themselves and the rest of the 
Proprietors of both those Divisions; Which Draughts 
they have Unanimously approved; And, in Confidence 
that Your Majesty will be graciously Pleased, accord- 
ingly, to Constitute a Governor, over those Countrys, 
they have declared themselves willing and ready to 
Surrender all their Right, or pretence of Right, to 
Government, which they have hitherto claimed. 

Whereupon, We humbly represent to Your Majesty 
that the reducing those Colonies to an Orderly Form 
of Government, under a Governor Constituted by 
Your Majestys immediate Commission, will be of 
great Sei'vice to Your Majesty, in preventing illegall 
Trade, and the Harbouring of Pirates, and will be of 
good influence, throughout the other Plantations. 
And We humbly offer that M' Attorney General be 
directed, forthwith, to Prepare a Form of Surrender of 
their said Right, or Pretence of Right, to Goverment, 
which may be most effectual to the extinguishing their 
said Pretensions, and present the same to Your Maj- 
esty.— 

And Whereas they have desired that the first Gover- 
nor, to be thus appointed by Your Majesty, may be a 
person fitly Qualified for that Service, But cannot Agree 
in the Recommendation of any Particular Person, 
We humbly propose that, when the Surrender shall be 
made. Your Majesty would be Pleased to Nominate 
some Person, wholly unconcern'd in the Factions 
which have divided the Inhabitants of those Parts. 
All which, nevertheless, is most humbl}* Submitted. 
Whitehall J W" Blathwayt. Stamford. 
Janu the 6"' - John PoUexfen. Ph. Meadows, 
iroi ) Abr. HiU. 

Mat Prior. 



30 



450 NEW JEESEY COLONIAL DOCUMENTS. [1702 



From the Council to the Lords of Trade, enclosing the 
Attorney GeneraVs draft of the surrender of the 
Government of East and West Jersey for the sig- 
natures of the Proprietors. 

[From P. R. O. B. T. Proprieties, Bundle G. H. I. & K, H. 8.] 

Order of Council upony® Draught of a Surrendei- of 
Gov^* prepared by M*" jAtf^^ Gen! to be exe- 
cuted by y® Proprietors of East & West New 
Jersey. 
At the Court at Kensintou the 29*?" of January 
1701 [1701-2] 
Present. 
The Kings most Excellent Ma^? in Councill. 
Vpon reading this day at the Board a Report from 
M": Atturny Generall, with the Form of a Surrender, 
Prepared by him, to be made by the Proprietors of the 
Provinces of East and West New Jersey in America, 
to His Ma'r, of all their Right or Pretence of Right to 
the Government they have hitherto Claimed of the 
said Provinces, His Ma'r' in Councill Approving the 
same, is pleased to Order that the said Form of a Sur- 
render, which is hereunto annexed be, as the same is 
hereby Referred to the Lords Comm';* of Trade and 
Plantations, who are to Call upon the said Proprietors 
to Execute the said Surrender according to the said 
Forme. 

John Povey 



Lords of Trade to Lord Cornhury. 

(FromN. Y. Col. Docts: Vol. IV, p 948.1 

To the R* Hon^^® the Lord Viscount Cornbury. 
My Lord. 
Whereas your Lordship is commissionated to take 



1702] QUEEX ANNE TO BE PROCLAIMED. 451 

upon you the Command of the Militia of East and 
West New Jersey, and to be Vice Admiral of the 
same; and these Colonies having been and continuing 
to be without any settled Government, your Lordship 
is to cause the High and Mighty Princess Anne to be 
proclaimed Queen of England, Scotland, France and 
Ireland and all the Dominions thereu[n]to belonging &'' 
in the most solemn manner and most proper places of 
those Colonies, to the End there may be no failure 
there in the speedy acknowledging her Majestys Title 
and Authority, and for your information we further 
send you. 

Her Majestys declaration at her first sitting in Privy 
Council. 

Her Majestys Proclamation for continuing all officers 
&^ 

The Address of the House of Lords to her Majesty. 

The Address of the House of Commons to her Maj- 
esty and 

Her Majesty's speech to both Houses of Parliament. 

You are upon this occasion to assure all Her 
Majesty's subjects in those Colonies of her Majesty's 
especial care and Protection and to exhort them to do 
on their parts what is necessary for their secmdty and 
defence in the present coniuncture, and you are to re- 
turn a speedy account of your proceedings therein. 
We are My Lords 
Your LordP' most humble Servants 

Stamford 
Lexington 
W** Blathwayte 
Whitehall Jn** Pollexfen 

March the 20, 1702. Matt: Prior 



452 NEW JEKSEY COLONIAL DOCUMENTS. [1702 



Surrender of the Government of East and West Jersey 
to the Crown. 

IFrom copy of the Attorney General's draft in P. R. O. B. T. Proprieties, Bundle 
G. H. I. & R. H. S. Compared with an official copy from the Rolls of the High 
Court in Chancery, and Smith's History of New Jersey, pp. 215-219.] i 

Snn-ender from the Proprietors of East and West 
Nkw Jerspjy, of their pretended Right of Gov- 
ernment to Her Majesty. 

^XJUtVtm his late Ma*/ King Charles the Second by 
his Letters Patents under the Great Seale of England 
bearing date at AVestminster on or about the Twelfth 
day of March in the Sixteenth Yeare of his Reigne 
Did Give and Grant to James then Duke of Yorke his 
heirs and assigns ^\l that part of the Main Land of 
New England beginning at a certain place called or 
known by the name of S* Croix next adjoining to New 
Scotland in America, and from thence extending along 
the Sea Coast unto a certain Place called Pemaquod 
or Pemaquid and so up the River thereof to the 
farthest head of the same, as it tendeth Northwards, 
and extending from thence to the River of Kinebiquie, 
and so upwards by the shortest Course to the River 
Canada Northward, And also ^11 that Island or 



1 The draft of this document was submitted to the King in Council, January 29th, 
1701-2, by the Attorney General, as shown by the Order of Councill under that date, 
and, having been appi-oved, was referred to the Lords of Trade for execution. The 
draft as reported is of record in the Public Record Office, London, as stated in the 
above heading, but the death of King William, which occurred eai'ly in March, pre- 
vented immediate action. It was finally executed on 15th April, 1703 and accepted 
by Queen Anne on the 17th. (See succeeding document). As the death of the King 
occasioned some shght changes of phraseology, the document is here given as re- 
corded in the Public Record Office after comparison with, and being corrected by, a 
certified copy from the rolls of the High Court of Chancery, in the library of the New 
Jersey Historical Society. Smith's History of New Jersey was also compared with 
the two records, all three varying in some, although not important, particulars. 
The surrender in substance had been acceded to by the Proprietors in the Province 
in 1701. (See document under date of Jime 19th, 1701).— Ed. 



1702] SURRENDER OF GOVERNMENT. 453 

Islands com'only called by the severall Name or Names 
of Mattovvacks or Long Island seituate lying and being 
towards the West of Cape Codd, and the Narrow 
Higansets Abutting upon the Main land between the 
Two Rivers there called or known by the severaU 
Names of Connecticut and Hudsons River, together 
also w*'' the said River called Hudsons River, And all 
the land from the West side of Connecticut River to 
the East Side of Delaware Bay, and alsoe ^U those 
severall Islands called or knowne by the Names of 
Martins Vinyard and Nantucks or Nantucket, Together 
with all the Lands Islands Soyles Rivers Harbours 
Mines, Mineralls, Quarryes, Woods Marshes Waters 
Lakes ffishings, Hawking Hunting and Fowling and 
all other Royaltyes profits Comodityes and hereditam^.*' 
to the said severall Islands Lands and premisses belong- 
ing and appertaining w^" their and every of their 
appm-tences Id Uavc iinU tO MA all and singular the 
said Lands Islands and hereditam*' w*"* their and every 
of their appurten'ces to the said James Duke of Yorke 
his heirs and Assignes for ever, 1^0 ht UfUl of the 
said King his heirs and Successors as of his Manner of 
East Greenwich in Kent in free and Com'on Socage 
and not in Capite or by Knights Service Yeilding and 
RENDRiNG therefore yearly and every yeare Forty 
Beaver Skins when demanded or within Ninety days 
after, And by the same Letters Patent the said late 
King Charles the Second for himselfe his heirs and 
Successors Did Give and Grant to the said James Duke 
of Yorke his heires Deputyes Agents Commissioners 
and Assigns full and absolute Power and Authority to 
Correct, punish Pardon Govern and Rule all such 
Subjects of the said King his heirs and Successors as 
should from time to time adventure themselves into 
the Parts and Places aforesaid or that should at any 
time then after inhabit within the same according to 
such Laws, Orders, Ordinances, directions and Instru- 



454 NEW JERSEY COLONIAL DOCUMENTS. [1702 

ments As by the said Duke of Yorke or his Assigns 
should be established And in defect thereof (in cases of 
necessity) according to the good directions of his 
Deputy es Commissioners Officers or Assignes respec- 
tively, as well as in all Causes and matters as well 
Capitall and Criminall as Civill both marine and 
others, So alwayes as the said Statutes Ordinances and 
Proceedings were not contrary but as near as might be 
agreable to the Laws & Statutes & Goverm? of the 
Realme of England, Saving & reserving to his said late 
Ma^?' his heirs and Successors the receiving hearing and 
determining of the Appeal and Appeals of all or any 
Person or Persons of in or belonging to the Territoryes 
or Islands aforesaid in or touching any Judgement or 
Sentence to be there made or given And further that 
it should and might be lawfull to and for the said 
Duke of Yorke. his heires and Assignes from time to 
time to Nominate make Constitute Ordain and Con- 
firme such Laws as aforesaid by such Name or Names 
or Styles as to him or them should seem good and like- 
wise to revoke discharge change and alter as well all 
and singular Governours Officers and Ministers which 
thenafter should be by him or them thought fitt or 
needfull to be made or used within the aforesaid Parts 
and Islands, and alsoe to make Ordain and EstabHsh 
All manner of Orders Laws, directions Instructions 
Forms & Ceremonyes of Government and Magistracy 
fitt and necessary for, and concerning the Government 
of the Teri'itoryes and Islands aforesaid. So alwayes as 
the same were not contrary to the Laws and Statutes 
of the Realm of England but as near as might be 
agreable thereunto, and the same at all times then 
after to put in Execuc'on or Abrogate Revoke or 
Change not only within the Precinct of the said Terri- 
toryes or Islands but also upon the Seas in going and 
coni-ing to and from the same As he and they in their 
good direction should think to be fittest for the good of 



1702J SURRENDER OF GOVERNMENT. 456 

the Adventurers and Inhabitants there; And the said 
late King did thereby -Grant Ordain and declare that 
such Governors Officers or Ministers as from time to 
time should be Authorized and appointed in manner 
and forme aforesaid should and might have full Power 
and Authority to Use and exercise Martiall Lawe in 
Cases of RebeUion Insurrection and Mutiny in as large 
and ample manner as the Lieftenants of his said Ma^.^ in 
his Countyes of the Realme of England had or ought 
to have by force of their Commission of Lieftenancy 
or any Lawe or Statute of the said Realme of England. 
And the said late King did thereby Alsoe for himself 
his heires and Successors Grant to the said James Duke 
of York that it should and might be lawfull for him 
his heirs & Assigns in his or their discretions from 
time to time to admitt such and so many P'son and 
Persons to trade and traffick under and within the 
Territoryes & Islands aforesaid, and into every or any 
Part or ParceU thereof, and to have possess and enjoy 
any Lands and hereditaments in the Parts and places 
aforesaid as they should think fitt according to the Laws 
Orders Constituc'ons and Ordinances by the said James 
Duke of York his heires Deputyes Commissioners and 
Assigns from time to time to be made & estabhshed by 
virtue of & according to the true intent and meaning 
of the said Letters Patent & under such Condic'ons 
reservac'ons & Agreem** as the said James Duke of 
York his heires & Assignes should sett down order and 
direct & appoint & not otherwise And by the same 
Letters Patent the said King did for himself e his heires 
& Successors Grant to the said James Duke of York 
his heires & Assigns & to aU & every such Governour 
& Governours or other Officers or Ministers as by the 
said James Duke of York his heirs or Assigns should 
be appointed Power and Authority of Government & 
Command in or over the Inhabitants of the said Terri- 
toryes or Islands that they and every of them should 



456 NEW JERSEY COLONIAL DOCUMENTS. [1702 

or lawfully might from time to time and at all times 
then after for ever for their severall defence & Safety 
en counter expulse repell & resist by force of Arms as 
well by Sea as by land and all wayes & means what- 
soever all such Person or Persons as without the 
especiall Licence of the said James Duke of York his 
heires or Assigns should attempt to inhabit within the 
severall Precincts & Limits of the said Territoryes & 
Islands And alsoe all and every such person & persons 
whatsoever as should enterprise or attempt at any time 
then after the destruction Invasion Detriment or An- 
noyance to the Parts Places or Islands aforesaid or any 
part thereof As by the said recited Letters Patent duly 
InroUed relac'on being thereunto had more at large 
may appear ^Wtl ^ll^ltJl$ the Estate Interest Right & 
Title of the said James Duke of York in and to the 
Provinces of East Jersey and West Jersey part of the 
premisses by the said recited Letters Patent Granted 
are by meane Conveyances and Assureances in the 
Lawe come unto and vested in or claimed amongst 
others, by Sir Thomas Lane, Paul Docminique, Robert 
Michell, Joseph Brooksbank, Michael Watts, Edward 
Richier, John Norton, Ebenezer Jones, John Whiting, 
John Willcocks, John Bridges, Thomas Skinner, Ben- 
jamin Steele, Obadiah Burnet, Joseph Micklethwait, 
Elizabeth Miller, Benjamin Levy, Francis Minshall, 
Joseph Colyer, Thomas Lewis, Jo. Bennet, John 
Booker, Benjamin Nelson, James Wasse, Richard Har- 
rison, John Jurin, Richard Greenaway, Charles Mit* 
chell, Francis Mitchell, Fras. Paunceford, William 
Hamond, Ferdinando Holland, William Dockwra, 
Peter Sonmans, Joseph Ormston, Charles Ormston, 
Edward Antill, George Willocks, Francis Hancock, 
Thomas Barker, Thomas Cooper, Robert Burnet, Miles 
Foster, John Johnstone, David Lyell, Michael Hawdon, 
Thomas Warne, Thomas Gordon, John Barclay, Clem- 
ent Plumstead, Gilbert MoUison, and Richard HaseU, 



1T02] SURRENDER OF GOVERNMENT. 457 

THE PRESENT PROPRIETORS thereof, And they also have 
claimed by virtue of the said Letters Patent and mean 
Conveyances to exercise within the said Provinces for 
the Governing the Inhabitants thereof All the Pow^ers 
& Authority es for Government granted by the said 
Letters Patents to the said Duke of York and his 
heires and Asssigns But WitV ^ajifiSitjl hath been ad- 
vised that they have no right nor can legally execute 
any of the said Powers but that it belongs to her 
Majestie in right of her Crowne of England to Consti- 
tute Governours of the said Provinces and to give 
directions for governing of the Inhabitants thereof as 
her Majesty shall think fitt And the said Proprietors 
being desirous to submitt themselves to her Majestie 
are wilUng to Surrender all their pretences to the said 
Powers of Government To the intent her Majestie may 
be pleased to Constitute a Governor or Governours of 
the same Provinces with such Powers Priviledges and 
Authorityes for the Government thereof and making 
of such Laws there with the Consent of the Assembly 
of the said Provinces and her Majestie's Subsequent 
Approbac'on thereof as her Majestie in her great 
Wisdom shall think fitt & convenient Wt therefore the 
said Sir Thomas Lane, Paul Docminique, Robert Michell, 
Joseph Brooksbank, Michaell Watts, Edward Richier, 
John Norton, Ebenezer Jones, John Whiting, Clement 
Plumstead, John Willcocks, John Bridges, Thomas 
Skinner, Benjamin Steele, Obadiah Burnet, Joseph 
Micklethwait, Elizabeth Miller, Benjamin Levy, Fran- 
cis Minshall, Joseph Colyer, Thomas Lewis, Jo. Bennet, 
John Booker, Benjamin Nelson, James Wasse, Richard 
Harrison, John Jurin, Richard Greenaway, Charles 
MitcheU, Francis Mitchell, Fras. Paunceford, William 
Hamond, Ferdinando Holland, William Dockwra, 
Peter Sonmans, Joseph Ormston, Charles Ormston, 
Edward Antill, George Willocks, Francis Hancock, 
Thomas Barker, Thomas Cooper, Robert Burnett, 



458 NEW JERSEY COLONIAL DOCUMENTS. [1703 

Miles Foster, John Johnstone, David Lyell, Michael 
Hawdon, Thomas Warne, Thomas Gordon, John Bar- 
clay, Gilbert MoUison, and Kichard Hasell, the present 
Proprietors of the said Provinces of East Jersey and 
West Jersey for the Considerac'ons and to the intent 
aforesaid %lXVt Surrendred and yielded up And by 
these presents for Us & our heirs do Surrender & yield 
up unto Our Soveraigne Lady Anne by the Grace of 
God Queene of England Scotland France and Ireland 
Defend": of the ffaith &° her heires & Successors %\i 
those the said Powers & Authorityes to correct punish 
pardon govern & Rule aU or any of her Majestie's Sub- 
jects or others who now inhabit or hereafter shall 
adventure into or inhabit within the said Provinces of 
East Jersey & West Jersey or either of them & also to 
nominate make constitute ordain & Confirm any Laws 
Orders Ordinances and directions & Instruments for 
those pm-poses or any of them And to Constitute Nom- 
inate Appoint revoke discharge change or alter any 
Governour or Gouvenours Officers or Ministers which 
are or shall be appointed made or used within the said 
Provinces or either of them and to make ordain & 
establish any Orders Laws directions Instruments 
Forms or Ceremony es of Government and Magistracy 
for or concerning the Government of the Provinces 
aforesaid or either of them or on the Sea in going & 
commg to or from thence or to put in Execuc'on or 
Abrogate Revoke or change such as are akeady made 
for or concerning such Government or any of them 
And also All those the said Powers and Authorityes to 
Use and exercise Martiall Law in the Places aforesaid 
or either of them And to Admitt any person or persons 
to trade or traffic there and of Encountrmg Repelling 
and resisting by force of Arms any P'son or P'sons 
attempting to inhabit there without the Licence of Us 
the said Proprietors our heires or Assignes And All 
other the Powei-s Authoritye Priviledges of or concern- 



1702] 



SURRENDER OF GOVERNMENT. 



459 



ing the Governm* of the Provinces aforesaid or either 
of them or the Inhabitants thereof which were granted 
or menc'oned to be granted by the said recited Letters 
Patent and every of them ^tt ^t^itttiflSilSif whereof the 
Persons above named have hereunto sett their hands 
and Seales this fifteenth day of Aprill in the yeare of 
our Lord One thousand Seven hundred and two and in 
the first yeare of her Majesties Reigne.' 

For the Eastern-Division. 



L. Morris In the behalf e 
of Robert Burnett, 

Miles Forster, 

John Johnstone, 

Michael Hawdon, 

John Barclay, 

David Lyell, 

Thomas Wariie, 

Thomas Gordon, 

William Dockwra, 

Peter Sonmans, 

Joseph Ormston, for my- 
self, and as Proxy for 
Charles Ormston, Ed- 
ward Antill,3ind George 



Willocks, and Represen- 
tative of Francis Han- 
cock. 

Thomas Barker, 

Thomas Cooper, 

Gilbert Mollison, 

Henry Adderly, for Rich- 
ard Hasel, of Barbados. 

Thomas Lane, 

Paid Docminique, 

Robert Michell, 

Joseph Brooksbank, 

E. Richier, 

Michael Watts, 

Clement Plumstead. 



For the Western-Division. 



Benjamin Nelson,, 
James Wasse, 
Richard Harrison, 
John Jurin, 
Richard Greenawaij, 
Charhs Mitchell, 



John Booker, 
John Whiting, 
John Wilcocks, 
John Bridges, 
Thomas Skinner, 
Benjamin Steele, 



» These names are taken from Learning and Spicer's Grants and Concessions, 
their orthography and arrangement having been first compared with the record 
from the roUs in the High Court of Chancery. Tlie Ust in Smith, p 218, is incor- 
lect in several instances, both in arrangement and orthography.— Ed. 



460 NEW JERSEY COLONIAL DOCUMENTS. [1702 

Francis Mitchell, Obadiah Burnett, 

Francis Pauncefoid, Jos. Michlethwait, 

Wm. Hamond, Thomas Lane, 

Ferd. Holland, Paid Docminique, 

Elizabeth Miller, Robert Michell, 

Benjamin Levy, Jos. Brooksbank, 

Francis Minshall. Michael Watts, 

Joseph Colyer, E. Richier, 

Thomas Lewis, John Norton, 

Jo. Bennet, Eben. Jones. 

Sealed and delivered by Thomas Lane, Paul Docmi- 
nique, Robert Michell, Joseph Brooksbank, Michael 
Watts, Edward Richier, John Norton, Ebenezer Jones, 
John Whiting, John Wilcocks, John Bridges, Thomas 
Skinner, Benjamin Steele, Obadiah Burnett, Joseph 
Micklethtvait, Elizabeth Miller, Benjamin Levy, Fran- 
cis Minshall, Joseph Colyer, Thomas Leiuis, John Ben- 
net, John Booker, Benjamin Nelson, James Wasse, 
Richard Harrison, John Jurin, Richard Greenaway, 
Charles Mitchell, Francis Mitchell, Frets Pounce ford, 
William Hamo7id, Ferdinando Holland. And for the 
Interest the Proprietors of West-Jersey have in East- 
Jersey, Thomas Lane, Paul Docminique, Robert Mich- 
el, Joseph Brooksbank, Edivard Richier and Michael 
Watts. Sealed and delivered by the aforesaid Persons 

in presence of Us. 

L. Morris, 

Jonathan Greenwood. 
Sealed and delivered by William Dockivra, Peter 
Sonmans, Joseph Ormston, Thomas Barker and Thom- 
as Cooper, Proprietors of East- Jersey, in the presence 

of Us. 

Richard BoiUs, 

Nathaniel Welch. 
Sealed and delivered by Gilbert Mollesso7i, in pres- 
ence of Us. 

Daniel Wild, 

Gilbert Falconer. 



I 1702] SURRENDER OF THE GOVERNMENT ACCEPTED. 461 

Sealed and delivered by Clement Plumstead, in pres- 
of Us. 
fk^ John Askew, 

^ Samuel Hannington. 

Sealed and delivered by Henry Adderly, in presence 
of Us. 

^John Blackall, 
Thomas Cage, 
Sealed and delivered by Lewis Morris, presence of 

Aug. Graham, 
Richard Bibhy. 



Order of Council, that the Surrender of the Govern- 
. ments of East and V/est Jersey be enrolled in the 
Court of Chancery. 

[From P. R. O. B. T., Proprieties. Vol. 6, 1. 39 ] 

Copy of an Ord'! of Council, relating to the Sur- 
render of the Gov*^* of the Jerseys. 

At the Court at S"^ James's the 17^." day of Aprill 

1702. 
Present. 
The Queen's most Excellent Ma"^;^ 
[His Royal Highness Eai'l of Eadnor, 
Prince George of Den- Earl of Barkeley, 
mark. Earl of Rochester, 

Lord Keeper, Earl of Marlborough, 

Lord Pi-esident, Earl of Bradford, 

Lord Steward, Earl of Romney, 

Duke of Bolton, Earl of Renelagh, 

Duke of Schoniberg, Lord Ferrers, 

Duke of Leeds, Lord Godolphin, 

Lord Great Chamberlain, M' Comptroller, 
Earl Marshal, M' Vice Chamberlain, 

Lord High Admiral, M' Secretary Vernon, 



462 NEW JERSEY COLONIAL DOCUMElirTS. [1702 

Lord Chamberlain, M' Chancellor of the Ex- 
Earl of Dorset, chequer, 

Earl of Manchester, Lord Chief Justice, 

Earl of Stamford, Sir Charles Hedges, 

Earl of Burlington, M^ Smith.]' 

This day the Severall Proprietors of East and West 
New Jersey in America did, in Person present a Deed 
of Surrender by them Executed, under their Hands 
and Seals, to Her Ma'.^' in Councill, and did acknowl- 
edge the same the same to be their Act and Deed, and 
humbly desire Her Ma*'' to Accept the same, that it 
might be Enrolled in the Court of Chancery, Whereby 
they did Surrender their Power of the Government of 
those Plantations, which Her MaV' graciously accepted. 
And was pleased to Order as it is hereby ordered, that 
the same be Enrolled in Her Ma*':* said High Court of 
Chancery And the said Instruments are to be Delivered 
to M^ Atturney G-enerall, who is to take care that the 
same be Enrolled accordingly. 



Colonel Blakinston of Maryland, to Mr. Moore of 
Pennsylvania, relating to the irregularities in that 
Province and New Jersey, with Mr. Moore^s An- 
swer. 

(From P. R. O. B. T. Proprieties, Vol. 6, K 44.] 

Letter from Coll: Blakiston to M'^ Moor of Pensyl- 
vania, Enquiring into the ii-regularities of y* 
Province &, the Jerseys, With y^ Said Moores 
Answer. [April 21, 1702.] 

Maryland 2^ Dec"?' lYOl. 

I cannot have recourse to a Person better qualify'd 

1 The copy from the Public Record OfiBce does not contain these names. They 
are inserted as printed in Smith's History of New Jersey, p 219, and in Grants 
and Concessions, p. 617.— Ed. 



1 ;02] GOV. OF MARYLAND ABOUT IRREGULARITIES INN. J. 463 

than y' self upon this Subject who is every way so 
good a Judge of Men and Actions 

I have here inclos'd y" a copy of a parragraph of the 
Hon^3** the Lords Commissionars of Trade letter to me 
requiring an Acco* of the Miscarriages of this Gover- 
ment dureing the Proprietors time as also the Irregu- 
larityes of Pennsylvania and the Jerseys. I must be 
very imperfect in my acc*f of Pennsylvania & the 
Jerseys without you can furnish with the State of this 
matter, for I have no correspondency with any body in 
Pennsilvania but y"" self and Coll' Quary, for you know 
the Inhabitants are most Quakers. I know Coll' 
Quary is gone home arm'd cap-apee of the transac- 
tions of Pennsilvania, and I would by no means 
anticipate what he has to lay before that Hon^l^ board 
for I believe he has done it ere this, and that would be 
only troubling their Lordships with a repj)ition of 
what he in person will fuUy satisfye them of, I am 
more a Stranger to the Affairs of the Jerseys, but they 
lyeing so adjacent to you, possibly you may furnish 
me with something materiall to signify to their Lord 
ships, as likewise if any thing worth observation, has 
happened in Pennsylvania since ColF Quary went 
away, & also desire you will lett me know, to whom 
M' Penn has intrusted his Goverment in his absence it 
is reported here that Coir Hamilton is left he is a Gen- 
tleman to whom I am an absolute Stranger, therefore 
I shall say nothing concerning him. I know you will 
excuse this trouble as being ever Industrious in dis- 
tinguishing y' regards due to his Majestys service, so I 
will make know apology es but assure you I am 
Your most faithfull fr'J & 

Serv* N Blakiston' 

[Note by Mr. Moore.] 

Reed y^^ above of Cap Hill, March 10? at night 
Answer'd 21'* Aprill 1702 on the other side. 

' Governor of Maryland.— Ed. 



464 NEW JERSEY COLONIAL DOCUMENTS. [1702 

[Answer of Mr. Moore.] 

Philadelphia Aprill 21: 1702 

Your Excellencies by Cap* HiU of the 2^? of December 
came not to my hands till the 10*'' of March at night 
w*^'' I much wondred at the Commands therein lay'd 
and aU others from your hands readyly should follow 
but before I had them what was most materiall was 
transmitted to CoF Quary. Things have been here at 
full Stopp expecting the issue att home. And now by 
a Vessell newly arriv'd we have account the matter is 
called for by the house of Commons from the Lords of 
Trade and the doom ere this past, the Administrac'ons 
of this and the Jerseys is at pr'sent under Col' Hamil 
tons care, we hear the latter have surrender'd their 
Goverment to the King w*^.*" vdll be a leading case to 
the rest. I have not a Syllable from Coll' Quary, N 
York continues still in confusion, the English scatter'd 
and waiting my Lord Cornburys arrivall. M' Vesey 
the minister is now in Jersey. Maj^ Wenthorp Gov- 
ernour of Connecticut and Coll' Hamilton, have inter- 
posed their advice like honest gentlemen but reason 
wil not be hearkn'd to, Col Bayard is reprieved at 
last noe accon' yett in the Indies tis said the Spaniard 
refused the french Convoy, and have taken their plate 
ashore and laid up their Ships for this year. I doubt 
not yo'' Excellencies has later news from England than 
wee, We hear of your Exsellencies intention for 
England but flatter our Selves shall have the honour 
of seeing y" here ere y"" departure, my humblest re- 
gards to your Lady and Self beggs acceptance. I am 

Y^^ &■■■ 

JM. 



1702] PETITION FROM P. SONMANS AND WM. DOCKWRA. 465 



Order of Council, referring to the Lords of Trade a 
Petition from Peter Sonmans and William Dock- 
tura. 

[From P R. O. B. T., Proprietors. Vol. 6, 1 86.1 

Obder of Council, upon the Petic'on of M': Son- 
mans & M'". Dockwra relating to a Gov*: to be 
appointed by lier Majesty for East <fe West 
New Jersey. 

At the Court of S': James's the 14*!' day of May 1702. 

Present. 



\ j^ ^ The Queens Most Excellent Ma"""^^ in 
' ' ) Councill. 

Upon reading this day at the Board the Petition of 
Peter Sonmans and William Dockwra, for themselves 
and on behalf of others Proprietors of the Provinces of 
East and West New Jersey in America, relating to a 
Governor to be appointed by her MaY for the said 
Provinces. It is ordered by her Ma*f in Councill that 
it be as it is hereby Referred to the Lords Comm'f of 
Trade and Plantations to Examine the Allegations of 
the said Petition, a copy whereof is hereunto annexed, 
and to Report to this Board a true State of the matter 
of Fact therein set forth, with their Opinion upon the 
whole matter. 



31 



466 NEW JEESEY COLONIAL DOCUMENTS. [1702 



To THE Queens most Excell"^ M.^'']' 

The humble Petic'on of Peter Sonmans and Wil- 
liam DocKWRA for themselves and on tlie 
behalf of others Proprietors of the Provinces 
of P^ast and West New Jersey in America. 

Sheweth. 

That whereas the Lords Comm'f for Trade & Planta- 
tions have represented to yo"; Ma"® that the reduceing 
of the Colonies of East and West New Jersey to an 
Orderly form of Government under a Governour con- 
stituted by yoV Ma"f* im'ediate Commission will be of 
great Service in preventing illegall Trade, Harbouring 
of Py rates &c. and that when a Surrender of the said 
Government shall be made yo^ Ma":® would be pleased 
to Nominate some Person wholly unconcerned in the 
Factions which have divided the Inhabitants of those 
parts, as by the said Representac'on hereunto annexed 
does more at large appeare, Yo^ Pet" in Obedience to 
yo"; Ma"® are ready to Surrender' their Right of Gov- 
ernment and are informed that some of the West 
Jersey Society and a few others joyning with one 
Andrew Hamilton and those of his Faction (Notwith- 
standing the Representation of the said Lords Comm''.^ 
to your Ma".®) have presumed to Petic'on yo' Ma"® in 
behalf of the said Andrew Hamilton to be Governour 
of the said Province, who tho' he was formerly Gover- 
nour under the Com'ission of the Proprietors of the 
said Colonies, was by the Proprietors of East Jersey 
dismissed for his Mismanagements and Male Adminis 
trac'on, and has been guilty of protecting Scotch Ships 
and encourageing illegall Trade to the infringement of 



1 In the margin of the document is the following: "Mem'd'm. The Petitioners 
by a Mem'l to the Board [35th May] desire that these words might be corrected and 
made have alreadi/ surrendered, ' ' 



1702] PETITION OK BEHALF OF THE PROPRIETORS. 467 

the Acts of Navigation against whom there are Sundry- 
Petitions & Eemonstrances now lying before the 
Hono^J® Plantation Board 

That the said Andrew Hamilton at this day Setts up 
in opposition to the pr'sent Governour constituted by 
the same Authority by which he Acted as Governour 
in East Jersey and has caused the seizing all Eecords 
& detained the Provinciall Seale, thereby Subverting 
the Government and has brought all into Anarchy & 
Confusion 

Yo'." Pet':" further humbly begg leave to Represent to 
yo'" Ma"" That as the chief motive to their Surrender 
was the well Settling those Provinces under yo": Ma*'.^^ 
more im'ediate Authority, so they humbly conceive it 
impossible the Differences there can be reconciled if 
yo'; Ma"." should please to constitute the said Andrew 
Hamilton Governour; Forasmuch as that neither yo'i 
Pet'.® here, or the Inhabitants there who have opposed 
the said Andrew Hamilton can reasonably hope for 
redress of the Injuries they have received from the 
Male Administrac'on and Injustice of the said Andrew 
Hamilton if he should be Arm'd with yo' Majesty's 
Commission, whereby he will become both Judge & Party 

Yo^ Pet" therefore most humbly Pray That yo'" 

Ma"." would be graciously pleased to Constitute Some 

Person Governour who is whoUy unconcern'd in the 

Divisions and Factions of the said Provinces 

And yo': Pef;® (as in Duty 

bound) shall ever Pray &'' 




(Pl/7/Z^^tn^ 



(^ji^crciimXi 



Peter Sonmans was the son of the Arent Sonmans, an East Jersey Proprietor, 



468 ]SrEW JERSEY COLONIAL DOCUMENTS. [1702 



Order of Council., referring to the Lords of Trade a 
Petition from the Proprietors of East & West 
Jersey, that Andrew Hamilton may he appointed 
Governor. 

LFrom P. R. O. B. T. Proprieties, Vol. 6, 1. 37.] 

Order of Council u])Oii the Petic'on of several Pro- 
prietors of East <fe West New Jersey relating 
to a Gov"", to be appointed by her Ma*?" for those 
Provinces. 

Att the Court at S* James's the 14*.'' day of May 1Y02. 

Present 
The Queens most Excellt Ma".^ in Councill 
Upon reading this day at the Board the Petic'on of 



who was shot by a highwayman in 1683, when passing through Hunterdon Shire on ' 
his way from Scotland to London, in company with his wife, Robert Barclay the 
first Governor, and one other person, as noticed on page 527, volume I. Peter in- 
herited the geater part of his father's estate, and came over to New Jersey as early 
as 1688, for a brief period, and in 1705 came again with the intention of remaining. 
He received his education in Leyden, and had held several public offices in England. 
For some time he was one of the Council and afterward a member of the Assembly 
from Bergen county. The Proprietors bestowed upon him several important 
positions, being at different periods Receiver of their Quit-Rents, Ranger of the 
Forests, Surveyor General &c. Notwithstanding these indications of the good 
opinion entertained for him by others, he very soon incurred the ill-will of the As- 
sembly and of most of the public, leading to his being dismissed from many of his 
public offices, among them being the high position of Associate Justice of the Su- 
preme Court, to which he had been appointed by William Pinhome while filling 
the executive office prior to the arrival of Governor Hunter. Although dispossessed 
of his authority as Receiver of the Proprietors' Quit-rents, he persisted in perform- 
ing the duties of the office imtil, in 1736, Governor Burnet issued a proclamation 
pronouncing his conduct illegal and unwarranted. He rendered himself particu- 
larly inimical to the Qakers by considering them as prohibited from sitting as 
jurors and from making affirmations instead of taking oaths; and appears to have 
enjoyed contentions, preferring to attain his ends by some tortuous, difficult course 
than by any concessions to others. His unpopularity led him at last to remove to 
Philadelphia, where he had a son, Peter, practicing physic, and died there in 
March, 1734. 

Mr. Sonmans was twice married ; his second wife being Sarah, daughter of John 
Nevill of Stafford, England, and .sister of Judge Samuel Nevill, subsequently of 
Perth Amboy, whom he married October 17th, 1723. She was left his sole heiress 
and executrix, and on her death in December, 1735, the settlement of her estate de- 
volved upon her brother, who came to America for the purpose. 



1702] PETITION FOR THE APPOINTMENT OF COL. HAMILTON. 469 

the greatest part of the Proprietors of the Province of 
Nova Caesarea or New Jersey in America relating to a 
Governour to be appointed by Her Ma^!" for that Prov- 
ince, and humbly proposing Collonell Andrews Hamil- 
ton as a fitt Person, It is ordered by Her Ma^*'' in 
Council, that it be, as is hereby referred to the Lords 
Comm" of Trade and Plantations to examine the Alle- 
gations of the said Petic'on, a Copy whereof is here- 
unto annexed, and to Report to the Board as soon as 
may be a true State of the matter of fact therein sett 
forth, with their Opinion upon the whole matter. 



To THE Queens most Excellent Ma'T 

The Humble Petition of the greatest part of the 
Proprietors of the Province of Nova Caesaria 
or New Jersey in America. 
Humbly Sheweth. 

That whereas your Ma*^' Pef.^ the Proprietors of the 
Province of Nova Caesaria or New Jersey in America, 
have Surrendered unto your Ma^i*' all their Rights and 
Pretences to the Government of that Province, praying 
withall that they might have the Naming of the first 
Governor, to be Commissionated by Your Majesty 
Governor over that CoUony. 

Collo: Andrew Hamilton the Present Governour 
thereof (whose Administration for severall years past, 
has been to the Generall sattisf action of the Inhab- 
itants, and of Your Ma*r Pet? who Employed him, and 
who on severall occasions, during the late War with 
France, Influenc't, The Assembly of East Jersey, to 
raise Men and Money, for the Defence of the Frontiers, 
of your Ma'f Province of New York) Is by us most 
humbly recommended unto your Ma'? Grace and 
Favor, and we pray that your Majesty would be 
Graciously pleased to Commissionate Collo: Andrew 



4-70 



iSTEW JEKSEY COLONIAL DOCUMENTS. 



[1702 



Hamilton, Goveruour over the aforesaid Province of 
Nova Caesaria, or New Jersey in America. 

And your Ma^^* Pet" as in duty bound shall ever 
pray. 

Joseph Ormston Gilb! MollesonproxieFra: Michel 
Jos: Ormston as rep- for Eobert Barclay Jo: Bennett 



resentative of y" Tho: Hart 
Deceased Francis John Jurin 
H a n CO c k, and Benj : Nelson 
Proxie for Edward William Snelling 
Anthill and George Kobert Ford 
Willcocks Eichard Harrison 



Joseph Wildigos Ex' 
of Paul Darby 
dece'd 

John Booker 

Tho: Lane 

Paul Docminique 



Kichard Greenaway Tho : Skinner 



L. Morris 

ffor all the Propri- John Hollis 
etors Residing in Jos: CoUyer 
East Jersey Thomas Allen 

Isaac Cocks [Cox?] Philip Wrightman 



\ Tho : Bromf eild 
F's. Paunceford 
Ben [Levy] 
John Davis 
P'. Honblon 
James Boddington 
John Whiting 
Gilbert MoUeson 



Tho: Miller 
Tho: Morice 
Charles Michel 
Peter Hudson 
Peter de Lannoy 
Tho: [Barker] 
Ben Steele 
Hannah Howard 



E. Richier 
Michael Watts 
Obadiah Burnett 
Jn" Bridges 
Rob' Michel 
John Wilcocks 
Jos: Brooksbanke 

: Minshull 
Eben Jones 
Jn" Norton 
Hen: Adderly for 
Rich-*. Haswell 



Memorial from Wm. Dockivra and Peter Sonmans to 
the Lords of Tirade, transmitting objections to An- 
drew Hamilton as Governor of New Jersey. 

[From P. R. O. B, T. Proprieties, Vol. 6, I. 38.] 

Mem^ M"" Dockwra & M'" Sonmans containiuo; Ob- 
jections ag^*^ Coll AndrT Hamilton's being Gov'" 
of y® Jerseys. 
Objections against Andrew Hamilton Esq*^ 

May it please Your Lordships. 
That her Ma*'*" in Councill may not be Surprized by 



1702] OBJECTIONS TO APPOINTMENT OF COL. HAMILTON. 471 

the Artifices of M'; Peiin and some persons, of the West 
Jersey Society, so as to Nominate Andrew Hamilton 
to be Governour of the Provmce of New Jersey; Wee 
presume to informe Your Lordships that he hath been 
severall times Complained of in his late Ma'^'";'* Raigne 
on the severall heads following, Viz? 

1*.' As the Incendiary of the Provinces of the then 
East and West Jerseys, by haveing Sett up a Quaker 
and Factious party to the great disturbance of the 
Peace of those provinces, and opposition to the true 
Loyall English Intrest, and for his Zeale to the Quakers 
is at present by M'. Penn's Commission Constituted his 
deputy Governour in Pensilvania, 

2*^?^ His Arbitrary and Unjust practices, when Gov- 
ernour, Apparent in many Instances too long to 
trouble Your Lordships with at present, severaU of 
w'^^ are Lodg'd with your Honors. 

3'^}^' His Encourageing and protecting Pirates and re- 
ceiving money for them particularly Merick and Elson, 
two of Averries Crew, who together with severall 
others Uved under his Government unmolested, till 
afterwards Seiz'd by his Successor, and by him deliv- 
ered to the Governour of New Yorke 

4^^.'^ His converting to his own use, money which 
was raised by the Assemblys of Both Provinces of the 
Jersies for the Supply of Albany a Frontier of New 
Yorke. 

5"' His Encourageing IllegaU Trade, as is evident by 
Sundry informations and affidavits from the Country, 
and for which by the act of 7'^ and 8'^. GuMelmi tertji 
&^ he became liable to f orfltt 1000^ and rendred Incapa- 
ble of any Employment Sc'^^ 

gthiy jjjg exercising Government in the Jersys and 
Pensilvania, without the Royal Approbation dii-ectly 
contrary to the said act of 7*? & 8" Gulielmi tei-tiji &*: 
which requires all Governors to be approved by her 
MaH« 

•-thiy There being severall controverses betwixt the 



4^2 NEW JERSEY COLONIAL DOCUMENTS. [l702 

said Andrew Hamilton and divers proprietors and In- 
habitants of the Countrey, should he be Constituted 
Govern': those persons who have been Injured by him, 
cannot hope to obtain Justice, Since he then will 
become both Judge and Party 

8^*" And whereas some persons of the West Jersey 
Society have taken upon them to Assert, that it is the 
desire of the greater part of the Proprieto" and Inhab- 
itants of both Jerseys that the said Andrew Hamilton 
may be Constituted Govern^ and that it was upon that 
Condition they delivered up the Surrender of the Gov- 
ernm* of the said Provinces, Wee humbly crave leave 
to inform e Your Lordships that the said assertion is 
Utterly untrue, for that all the persons of y^ society 
who so Strenuously SoUicitt for Andrew Hamilton, 
and Signed the Petition on his behalfe, make not alto- 
gether above one fifth of the Proprief.^ of West Jersey 
nor one Sixth part of East Jersey, among the whole 
West Jersie Society. 

9"' Yet nevertheless and contrary to their promise 
by their late Agent M^ Moms, have Clandestinely 
promoted the said Petic'on, which most of the Pro- 
priety both of East and West Jersey were Wholy 
Ignorant off; and those few who are Since informed 
being Surpris'd, take this opportunity to Dissowne: 
Forasmuch as their Chief motives of Signing the Sur- 
render of the Governm* with them was, that the 
Crowne might nominate a Govern': unconcern'd in any 
party or ff action whereby they might be freed from 
the Oppressive Governm^ of the said Andrew Hamilton 
and his Faction. They therefore hope and pray that 
her Ma".*" wiU Graciously please to nominate some 
person to be Gover'.' over y^ said Province of New 
Jersey, wholly unconcern'd in the Factions, which 
have divided the Inhabitants of those parts. According 
to the humble Opinion of your Honors, contained in 
the Report made to his late Ma"" of Happy Memory. 

[May 28*"^ 1702] 



1702] PAPERS SENT TO PROPRIETORS. 473 



Secretary Popple to Sir Thomas Lane, transmitting 
copies of papers received from Wm. Dockwra and 
Peter Sonmans, relating to Andrew Hamilton. 

[From P. R. O. B. T. Proprieties, No. 38 Eat. Rook D., p. 10.1 

1/? to S"! Tho: Lane with some papers of M"* Dock- 
wra's ag'. Coll : HamiltoD . 

To S-: Tho: Lane Kii* & Alderman 

Sir. 

The Lords Commissioners for Trade and Plantations 
have ordered me to send you the inclosed Copies of 
Papers laid before them this day by W. Dockwra and 
M'. Sonmans: Viz* Their Desire to correct an Error in 
their Petition to her Majesty, So that it may be ex- 
prest, "Not "■ that they are ready to Surrender their 
right to the " Government of New Jersey, but That 
they have abeady surrendred the same; Their objec- 
tions against Coll: Andrew Hamilton, And a Copy of 
the Eepresentation of this Board of the 6"' of January 
last relating to the said Surrender. 

I am also to acquaint you, that, upon their desire, 
Summons have been given them for Coll: Quary, M' 
Randolph, M' Bass and M' Joshua Barkstead, to at- 
tend this Board on Wednesday next at ten a Clock in 
the Morning (the time already appointed for hearing 
what may be offered relating to Coll: Hamilton's being 
appointed Governour of New Jersey) And that if you 
desire Summons for any other persons to attend at the 
same time, they shall be sent to you. I am 

&c. 

Whitehal 
May i>S^'^ 1702. W" Popple 



I 



474 NEW JERSEY COLONIAL DOCUMENTS. [170;^ 



The Lords of Trade to the Secretary of State, enclos- 
ing a draft of a letter for the signature of the 
Queen, conferring temporary authority in Neiv 
Jersey on Leiuis Morris. 

[From P. R. O. B. T. Proprieties, Vol. 28, p. 13.] 

To the R' Hon''!® the Earle of Nottingham Principal 

Secretary of State. 
My Lords. 

Inclosed is a Form of a Letter in behalf of Coll: 
Morris, which may not be improper for her Majesty to 
sign, if her Majesty shall so think fit. We are &*: 
Rob^ Cecil W"^ Blathwayt 

Ph. Meadows John Pollexfen 
Whitehall Mat: Prior 

Jmie 1*.' 1Y02. 

Anne by the Grace of God Queen of England, Scot- 
and, France and Ireland, Defender of the Faith &,". 
To all to whom these Presents shall come Greeting. 
Whereas our Trusty and Wellbeloved Colonel Lewis 
Morris is returning to our Colony of New Jersey in 
America, after having given Us signal Testimonies of 
his Loyalty and good Affection to our Service; We do 
hereby Will and require all our Loving Subjects within 
the said Colony to have a due regard to the said Colonel 
Morris in his Endeavours to preserve the peace and 
Quiet of that our Colony upon the Surrender that has 
been made by the Proprietors of their Right or pre- 
tended Right unto us of Government, untill We shall 
by our Royal Commission under the Great Seal of our 
Kingdom of England give our farther Orders therein. 
For which this shall be in the meantime to aU whom it 
may concern, a Sufficient Warrant and Direction. Given 
at our Court at S-^ James's the [ ] day of [ ] 

1702, In the first Year of our Reign 

By her Majesty's Command 



1702] REPLY TO COMPLAINTS AGAINST COL. HAMILTON. 475 



Reply of several of the Proprietors of Neiv Jersey, to 
the complaints against Andrew Hamilton, by 
William Dockwra & Peter Sonmans. 

fFrom P. R. O. B. T. Proprieties, Vol. 6, 1 44.] 

To THE Right Honorable the Lords Commissioners 
FOR Forreign Trade and Plantations 

A Reply of the Proprietors of East and West New 
Jersey, to the Articles Exhibited by William 
Dockwra &, Peter Sonmans against Collonel 
Andrew Hamilton. 
To the first Article we answer 

1° Coll: Hamilton was Governour of these two Prov- 
inces for the Space of nine or Ten years to the good 
Liking of Prop'rs and people, and all the neighbouring 
Colonies, without any Complaint against him, neither 
would he have been Superseded, but from a Belief of 
his Incapacity to Serve by the Late Act of the T*** & 
8"' of King William, and he is so farr from being an 
Incendiary, that his Mildness and Moderation was the 
only motive for W™ Pen to Intrust him with the Gov- 
ernment, and those in the abovesaid Province who 
have (by the Influence of Jer: Basse & Wv Dockwra, 
appeared of Late against him, are now So weU Satis- 
fied of his moderation and good Conduct, that they 
have declared their readiness to Submitt to him, if he 
is Cloathed with a Commission from the Crown 
To the Second Article 
2" We know of no Arbitrary or Illegal proceedings 
Coll: Hamilton hath been Guilty of, unless they call 
them Such as were acted in Opposition to the Common 
Disturbers of the peace of the Government Stirred up 
by the Influence of M': Dockwra and his party, for 
which he hath often hazarded his Life to preserve the 
publick peace and quiet of the Provinces. 



476 N"EW JERSEY COLOXIAL DOCUMENTS. [1702 

To the Third Article 

3" We are well Informed that in all the time of Coll: 
Hamiltons Government before he was Superseded by 
a Commission given to Jer: Basse, not one person in 
all those Northern Colonies was accused of Pyracy, 
and Since his Last going over, he hath been Eminent 
in Discovery & bringing Pyrates to Justice, particu- 
larly appeared at a County Court at Midleton in East 
Jersey upon the Tryall of one, who was by a factious 
Crew rescued from the Barr, as appeares by Certificates 
under the provinciall Seall, Lodged by Lewis Morris 
Esquire before your Lordships. 
To the fourth Article 

4° We have received many Letters from the Assem- 
blies of Both Provinces with advice of what past there, 
but never any accusation of that kind and we Conceive 
the accusation is altogether groundless. Since an affair 
of that nature could not pass without our having notice 
of it, and the Gen'U Assembly (who being the givers 
of the mercy, [money ^j are the proper Inspectors into its 
application) have been So far from taxing him with 
Such Crime, that at Severall Sessions they have given 
him Gratuitys foi- his Publick Service and prudent 
administration, 

To the fifth Article 

5" We have heard that one Randolph (a noted Enemy 
to Coll: Hamilton did Some time agoe Exliibit to the 
Right Honorable the House of Lords a Complaint and 
accusation against the Said Colonel and others about 
Illegal Trade, and we heard he was So farr from 
making good any Such accusation, that it was Thrown 
out as Groundless, which we believe to have come 
under the Notice of this Hono'ble Board, and his now 
accusers were So farr from accusing him whilst he was 
here, that they Joyned with us in Application to your 
Lordships, for his ajjprobation 
To the Sixth Article 

6" We must Referre our Selves to this Hon''"' Board, 



17Q2] REPLY TO COMPLAINTS AGAINST COL. HAMILTON. 477 

that when he was presented by the Proprietors for his 
Late Majestie's Royall approbation, whether it was not 
your Lordships Opinion, that Since there was a dispute 
betwixt the Crown and the Proprietors about the Gov- 
ernment, your Lordships could not advise his Majesty 
to give an approbation. Since it wold be a recognizing 
the Proprietors Title, but that Since Government must 
be administered, the Proprietors were Safe in giving 
him a Commission, and he in acting under it till the 
Dispute was Determined. And we are highly Sur- 
prised at the assurance of those two Gentlemen in 
accusing Coll: Hamilton on this head. Since in the first 
place they Signed his Commission, after they knew the 
Grant of an approbation had been declined, and r'! [?] 
They Clandestinely Gave a Commission to one Andrew 
Bowne, to which W™ Dockwra (the Proprietors Secre- 
tary and one of the 2 Petitioners) affixt the publick 
Seall, ^vithout either the assent of, or Communication 
to the rest of the Proprietors which Commission they 
sent over, without So much as presenting him for his 
Majesties approbation, and Said Bowne hath endeav- 
oured to act by virtue of Such Indirect Commission 
and by Orders from the two accusers, and we must 
further acquaint your Lordships that the Proprietors 
(who were Influenced by those two Gentlemen to sign 
that Commission) have been So Sensible of their Error, 
that they have retracted, and Signed a Petition for 
Collonel Hamilton. 

To the Seventh Ai-ticle 
7" If Coll: Hamilton Should be partiaU in the admin- 
istration of Justice (we conceive the Contrary) he will 
lye obnoxious to the Censure of the Gen" Assembly 
there, and to Informations that may be Lodged here, 
but we know of no party that fear his impartiall ad- 
ministration of Justice except W" Dockwra one of the 
two accusers who Stands Charged with Severall articles 
of high misdemeanours Exhibited against him, as 



478 NEW JERSEY COLONIAL DOCUMENTS. [1702 

appears by the Duplicates under the Common Seall of 
the Province of East Jersey Lately laid before your 
Lordships, and we conceive it is for the reason only he 
doth So violently oppose Coll: Hammilton to be Gov- ^ 
ernour 

To the Eighth Article ■ 

8" We presume to acquaint your Lordships in Order 
to your full and clear understanding of this matter, 
that the two petitioners, Viz W"' Dockwra the Secre- 
tary and Peter Sonmans are not possest of above two 
or three 24*'' parts of the Province of East Jersey, 
whereas almost all the other Proprietors of East Jersey 
here, and the Proxys of those beyond Sea, have Joyned 
with the whole West Jersey Society to petition for 
Coll: Hamilton, being So entirely Satisfyed of his In- 
tegrity, ability and good Conduct. 
To the 9'" Article 

9"? The Petition for Coll: Hamilton was So far from 
being Clandestine that it was Signed by all the Pro- 
prietors at a full Generall Court of the West Jersey 
Society, and by Lewis Morris Esq' on the behalf of all 
the Proprietors residing in East Jersey, who delivered 
his authority for So doeing to her Majesty in Councill, 
and by the greater part of the East Jersey Proprietors 
Living in London, and on the other hand in opposition 
to this, is obtruded a Petition Signed only by Peter 
Sonmans and W^ Dockwra. 

The worthy Character of Coll Hamilton: is not (as 
we presume) unknown to your Lordships, it hath been 
transmitted from Severall of his Late Majesties Gov- 
ernours in the Neighbouring Colonies, and the Propri- 
etors have always found him faithfullinthe Discharge 
of that Trust reposed in him. And Since it pleased her 
Majesty (upon the Surrender of the Government) to 
return this Gracious answer, that She would take it 
into her Consideration, to appoint Such a Governour 
as Should be most aggreeable to the Proprietors. We 



1702] COL. QUARy AGAINST COL. HAMILTON. 479 

Humbly hope and pray that your Lordships will be 
pleased to make a Eeport to her Majesty in Council, 
that Coll: Andrew Hammilton is the fittest person to 
Serve her Majesty, and the Proprietors in the Govern- 
ment of East and West New Jersey, now Nova 
Caesarea 

[June Z" 1702] 



From Colonel Quary to the Lords of Trade, adverse to 
the appointment of Andrew Hamilton as Governor 
of West New Jersey. 

[From P. R. O. B. T., Proprieties. Vol. 6, K. 6] 

IVTemj from Coll : Quary ag* Coll : Hamilton Gov": of 
West New Jersey. 

Right Hon''':' 

My Imploymen* under his Maj"f* in Penselvania and 
the Jerseys gives mee the advantage of knowing very 
well the severall Intrist devisions, and distractions of 
those Goverm'* what I have to off err this Hon^'^ Board 
at present is confined to the Jerrseys The Inhabetants 
of those Provinces have beene alwaies devided into 
two differan' factions, the united Intrist of the Quakers 
being one, and the rest of the Inhabetants the other. 
Coll: Hamleton was alwaies (tell of Late) of the faction 
in opposition to the Quakers, but finding that they 
opposed him in all things that conserned his privatt 
intrist he thought fitt to change his Party and became 
the head of the Quakers faction, in w'^*' he hath beene 
for at Least fouer yeares and is so Zealous an assertor 
of their cause and intrist that the rest of his Maj^*f' Sub- 
jects complain of great oppressions and hardships re- 
ceived from him in favouer of the Quakers. 



480 NEW JERSEY COLONIAL DOCUMENTS. [1702 

The heate and distractions of that Goverm* is now 
growne to that height that nothing but his Maj"®^ send- 
ing a Prudent Gover^ alltogather unconserned in theire 
Quarrels and differances can secure the peace of the 
County the People haveing Imprisoned him, and as 
they Generally complaine he hath very much opprest 
them, so that the prejudice and resentments on both 
sides is so very high and great that it is impossable to 
reconcile it. 

Coll Hamilton is a man of good Sence & parts but 
considering the present state of those Provinces and 
how farr he hath beene actually conserned in all the 
differances and distractions of the two factions, he is 
the most unfittest person for that Goverm* in the 
world, that hee is wholy in the Quaker Intrist in oppo- 
sition to the rest, may appeare by M"; Penns makeing 
him his Leiu" Govern"; of Penselvania, alltho' he very 
well knew that he was not Quallefied as the Law re- 
quires. 

As to what consernes his Incouredging & counten- 
ancing Illegal trade it being before my time I must 
Leave to M'.' Randolphs representation of it. I have 
only this to add that since hee was appoynted M' Penns 
Lieu* Gover'." hee hath opposed the Authority & Jures- 
diction of the Admiralty contrary to the Act of the 
T*" & 8"' of his Late Maj":*" the p'ticulars of w'"" Lyes 
before this hon'''''^ Board all w'"'* is humbly submitted 
by Y"' Lordships 

Most Obedian* 
Serv';* 

[June 17*'^ 1702] Rob^ Quart 



1702] RANDOLPH'S OBJECTIONS TO COL. HAMILTON. 481 



Surveyor General Randolph to the Lords of 'Trade, 
adverse to Andrew Hamilton. 

[From P. R. O. B. T. Proprieties, Vol. 6, K 7.1 

A Paper from M"" Randolph containing Complaints 

ag* Coll : Hamilton Gov^ of West New Jersey, 
with relation to illegal Trade. 

To THE Eight Hon^'P the Lords CoMMf for Trade 
May it please y"" Lords'^ 

That during the time of my Survey in the Severall 
Colonys & plantations made in y* year 1695 : I found 
in the Bookes of James Williams the Collector of y* 
Customs in y^ Province of Pennsilvania an Entry, viz: 
1695: William Wrighton M": of the William & Mary: 
of London, bound to New Castle in Engl with 180: 
jjQggds q£ tobacco aboard : but he went directly to Scot- 
land. Wrighton at his return to pennsilvania im})orted 
30: or 30 Tuns of Scotch Cole from Scotland: & in his 
way going up with them aboard the Burlington was 
seized by Cap Thomas Meech Command' of a small 
vessell Sett out by Coll Nicholson Gou' of Maryland 
with power to seize all illegal Traders. Col: Andrew 
Hamilton then Gov'; of W: New Jersey denied Meechs 
power to seize: afterwards Edw'! Hunlock whom I 
deputed Coll: of that province seized her but did not 
prosecute her because Coll Hamilton had upon a peti- 
tion of Maurice Trent y'' Ovnier & with Wrighton the 
M": of y'' William & Mary Briganteen setting forth that 
y*? french tooke their Clerings for the Cole in Liver- 
pool Eng'!: from them at Sea permitted the Vessel to 
be apprized: & accepted of their Bond to produce Cer- 
tificates thereof in a yeares Tyme It appeares by Hun- 
locks letter to me that there was a Bond given by 
Trent to Wrighton & by the Copy of my letter to 
Hunlock to prosecute the Bond but I find no reason for 
32 



482 NEW JERSEY COLONIAL DOCUMENTS. [1703 

their Giving such a Bond but to gett their vessel free 
from the prosecution. 

About y" year 1698. I diputed Coll Basse then the 
Gov'." of the Jerseys to demand the Bond of Coll Ham- 
ilton & to putt it in Suit. But he told him that if he 
had the Bond I should not have it nor would he deliver 
it to any I should order to receive it. which Coll Basse 
when demanded will make appear. 

Coll Hamilton has destroyed a Bond of about 200'^ 
to the King: which he is certainly accountable for to 
his Ma*!'' This I certify as farr as I have discovered 
out of Cap Meech's Journall & other papers relating to 
the Brigant William &, Mary 
18: June 

1702 ■ J. Randolph: S: G: 



Lord Cornhury to the Lords of Trade, giving an ac- 
count of his proclaiming the Queen in New Jersey. 

(FromN. Y. Col. Docts: Vol. IV, p 960.1 

To the R* Hon^^® the Lords Commissioners tor 

Trade and Plantations. 
My Lords. 

Your Lordships letter of the 19 of March last (by the 
care of Coll. Blakiston) came safe to my hands on 
Wednesday the 1 7 of this instant June and in it I find 
a letter from the Lords to her Majesty's most Hon^^'' 
Privy Council commanding me to proclaim her most 
sacred Majesty Queen Anne in the Province of New 
York and East and West New Jersey * * * 

On Friday the 19 instant I went over the waters into 
the Jerseys and went directly for Burlington which is 
the chief town of West Jersey, but the wayes were so 
bad I could not get thither till Sunday night late. 
Coll. Hamilton to whom I had writt from New York 
met me in East Jersey and conducted me to Burlington 



1702] THE QUEEN PROCLAIMED BY LORD CORNBURY. 483 

where he had (being Governour of the Jerseys for the 
Proprietors) assembled the Chief Magistrates and In- 
habitants of the Place in order to proclaim her Majesty 
which was done on munday at eleven a clock, where 
the people shewed great marks of duty and affection to 
the Queen. I did intend to have gone immediately to 
Amboy which is the chief town in East Jersey, to pro- 
claim her Maj*'' there but the floods have washed away 
the bridges so that till the waters are fallen, it will be 
impossible to travell. I hope two or three fair days 
will make the wayes passable to Amboy, to which 
place I will repaire the moment it is passable, I do not 
doubt but we shall have a good appearance there like- 
wise. Coll Hamilton who intends to conduct me 
hither having sent beforehand to give notice of my 
coming In the meantime I have taken this opportunity 
to come twenty miles down the River De La Ware, to 
see this place where I find a ship Just ready to saile for 
London. I thought it my duty to take this oppor- 
tunity to acquaint your Lord^.^howfar I have proceeded 
in obedience to your commands I shall return this 
Evening to Burlington and as soon as possible go to 
Amboy, and from thence to Yorke, from whence I will 
send your Lordships a farther account in the mean 
time I remain My Lords 

Your Lords^' most obedient 
faithfull humble Servant 

Philadelphia 
June the 23, 1702 




Edward Hyde, Lord Viscount Cornbury, having been appointed Governor of 
New York, arrived there on the 3d of May, 1702. Although it seems to have been 
intended that he should be Governor also of New Jersey, it will be seen, by the doc- 



484 NEW JERSEY COLONIAL DOCUMENTS. [1702 

Lords of Trade to the Queen, recovmaending that some 
one not connected with affairs in New Jersey shovid 
be appointed Governor.. 

[From P. R. O. B. T. Pi-oprieties, Vol. ','8. page 63.1 

To THE Queen's most Excel"^ Ma" 
May it please your Ma'']' 

In Obedience to your Majesty's Order in Council of 
the l^*.*" of May last, upon the respective Petitions of 
several Proprietors of New Jersey in America, Some of 
them proposing Andrew Hamilton Esq. to be appointed 
your Majesty's Governour of that Province, and the 
others representing their reasons to the Contrary. We 
have examined the several Petitions, and heard what 
the parties whom Wee find very much exasperated 
against each other, could alledge for or against the 
said Hamilton. And thereupon We humbly report to 
your Majesty. 

That the Divisions among the Inhabitants as well as 
the Proprietors of that Country and the Disorders aris • 
ing from thence and from the want of a due constitu- 
tion of Government, and of an impartial Governour 
amongst them, have for some years been so great as to 
endanger the Lives of several of your Majesty's 
Subjects and to occasion many other great Mischiefs, 
particularly the Encouragement of Piracy and illegal 
Trade. 

That from the first Intention and Proposal of Sur- 
rendring the Government, and whilst the Proj)rietors 
had several Conferences before us on that Subject, One 
party requesting that the said Hamilton might be ex- 
cluded from the Government as a person chiefly 
concerned in the mismanagements and Divisions in 
that Country. The other Party desiring his Nomina- 

uments in the text, that from various causes he was not appointed to that position 
until the December following, and did not enter upon his duties until August, 1703. 
Lord Cornbury subsequently (1709) became the Third Earl of Clarendon. 



1702] GOV. SHOrLD XOT BE CON-NECTED WITH PROVIXCE. 4-85 

tion as a motive of their Surrender; We did always 
declare to the said Proprietors that Such Surrender 
ought to be absolute and unconditioned, and that the 
Choice of a Governour was to depend Solely upon the 
Royal Pleasure and Authority of the Crown, wherein 
they Seem'd to Acquiesce. 

We further humbly represent that The said Hamil- 
ton, upon his last Eeturn to the Jerseys went from 
England, and, upon a Deputation from the Proprietors, 
assumed that Government without the Approbation or 
allowance of his late Maj*^' in Contempt of the Act of 
Parliament made in that behalf and without Staying 
for Our Report upon his Majesty's Order concerning 
that matter. That by Certificates of the Surveyor 
General of the Customs in those parts it appears, he 
he hath favour' d illegal Trade with Scotland and othei- 
parts and he has so far incensed one Party of the Pro- 
prietors against him. that they will not (according to all 
appearance) be ever satisfied with hisAdministration. 

And upon the whole matter, in Obedience to your 
Majesty's Commands We humbly propose as the only 
method of appeasing the animosities of your Majesty's 
Subjects in that Colony and of Settling the same, that 
your Majesty be pleased to appoint some person to be 
Governour thereof who is wholly unconcerned in those 
Transactions and Disorders & who being duly qualified 
may be able to bring both parties to a State of Quiet 
among themselves, and Submission to your Majesty's 
Authoiity, and take Care withall that the Laws of 
Trade and Navigation be for the future punctually 
observed. 

All which is most humbly Submitted 

WhitehaU / Rob' Cecill 

June 25*" lYOi> ^ Ph: Meadows 

W" Blathwayt 
Jn° PoUexfen 
Mat: Prior 



486 KEW JERSEY COLONIAL DOCUMENTS. [1702 



Earl of Nottingham to the Lords of Trade, recommend- 
ing certain Gentlemen to he of the Council of New 
Jersey. 

[From P. R. O. B. T. New Jersey, A 3, Vol. 1.] 

L*"? from y^ Earl of Nottingham with a List of per- 
sons to be of the Council of New Jersey. 

Whitehall 4"' Aug* 1702 
My Lords & Gentlemen 

The Persons, whose names are contained in the en- 
closed List, being thought proper to be Members of the 
Councill for the province of Nova Caesarea or New 
Jersey; I am directed to transmit the same to you, 
that in case you have no objection against any of the 
persons therein mentioned, you may cause them to be 
inserted in the Instructions preparing for the Eight 
Hon*"'^ the Lord Viscount Cornbury, who is appointed 
Her Ma*^'^ Governor of the said province. 

I am 
Y"" most humble Servant 

Nottingham 

Councill of Trade. 

A List of the Names of persons proper to be of the 
Councill for the Province of Nova Cassarea 

Coll Richard Townely Cap- Andrew Bowne 

M": Thomas Revell Cap' John Jewell 

Maj^ John Berry Lewis Morris Esq 

Daniell Coxe Jun': Esq Cap* John Reading 

William Laurance Jun' Cap- John Bowne 

Daniel Leeds John Holmes 

David Shepherd George Tayler 

William Sandford Edward Slater 

John Royce Thomas Codrington 

Edward Hanlock Obadiah Holmes. 



1702] DOMINATIONS FOR COUNCIL. 487 



Nominations for the Council of Neiv Jersey by Earl of 
Nottingham. 

IFrom p. R. O. B T. New Jersey, Vol. 1. A 4.1 

List of persons proposed to be of'y® Councils of the 
two divisions in New Jersey com'unicated by 
M'; Blatliwayt from y^ Earl of Nottingham. 
Rec*^ Aug* 12*.^ 1702. 

A List of Names for Members of the Governours 
Councill in New Jersey in America 

For the ] Andrew Bowne Esq'; The Prop? last 

Eastern Partition ) Governour 

M': Rich'l Hartshorne of Middletowne 
M'. Jn° Royse of Piscataway 

M'. Richl Townely of EHzabeth Towne 
M' William Laurence of Bergen County 
M'- Obadiah Bowne of Middletowne 
Jeremiah Basse Esq'; when hee arrives 
If any one or two of y'' six above-menc'oned bee for 
any reason (unknowne to me) excepted against 

The following Persons are the next fittest to bee rec- 
o mended viz' to choose for exchange 

First W. Thomas Warne of Amboy 

M': Elisha Parker of Woodbridge 

M'^ William Lawrence of Freehold 
M". William Sanford of Bergen County 
M' Samuel Walker of Piscataway 
But against The following Persons many objections 
are made, as being of the Scotch & Quaker ffactions 
concerned sundry years in y' divisions, tfe incendiary 
Parties, that has brought those Provinces into such 



488 



NEW JERSEY COLONIAL DOCtJMENTS. 



[1702 



Confusion of Governm* Injustice to y Proprietors and 
aversion of y Planters & Inhabitants, viz* 

f M^ Lewis Morris y"^ Head of y"" ffaction 

I M^ Samuel Leonard 
These Nine | M": George Willocks 
of y'^ I M' John Barclay 



Scotch and ^ M": Michaell Harden 



Quaker 
ffaction 



M": Thomas Gordon 
M-- David Lyall 
M": Miles fforster 
M^ Jn° Johnstone 



M': Jn° Bishop 
Samuell Dennis 
W" Pinhorne 
SamueU Hale 
These last four have 
other Characters rend- 
ring them unfitt for 
that Station 



For y'' Westerne Partition 

M": Thomas Revell 
M^ George Deacon 
M^ Daniell Leeds 
• M": Edward Hunlock 

M^ Jn? Holme of Salem 

Capt Joseph Seely of ffairfeild 

Coll Rob* Quarry when arrived 

2: Jeremiah Basse Esq^ when arrives. 
There are some other Quakers that are Men of Parts, 
and Knowing in y*" affaires of the Province, but &". 
More particularly take Caution against 
Samuell Jennings 
Francis Davenport 

& their ffaction 



Lords of Trade to the Queen, with a draft of Lord 
Cornhury's Commission as Governor of New 
Jersey. 

[From P. R. O. B. T. New Jersey, Vol. 13, p. 23, compared with Smith's History of 
New Jersey, p 220, and Grants and Concessions, p 647.) 

To THE Queens most Excellent Majesty. 

May it please your Majesty. 

In Obedience to your Majestys Commands We have 
prepared the Draught of a Commission for the Right 



1703] COMMISSION OF GOVERNOR CORNBURY. 489 

Hon*"^ the Lord Cornbury to be Governor of your Maj- 
esty's Province of Nova Caesaria or New Jersey which 
is in substance the same as was agreed to by the Pro- 
prietors before the Surrender of their pretended Eight 
to the Government of that Country 

Which is humbly Submitted 

Dartmouth 
Whitehall Cecill 

August the ) W"' Blathwayt 

IS"' 1702 \ Jno Pollexfen 

Mat Prior 



The Lord Cornbury's Commission to be Governor 
OF New-Jersey. 

ANNE by the Grace of God Queen of England, 
Scotland, France and Ireland Defender of the Faith 
&^ To Our Trustry and Well beloved Edward [Hyde, 
Esquire commonly called]' Lord Cornbury Greeting. 
Whereas in the Government of that Country which 
was formerly granted by King Charles the Second 
under the Name of Nova Caesaria or New Jersey, and 
which has since been Subdivided by the Proprietors, 
and East New Jersey and West New Jersey; such 
Miscarriages have happened that the said Country is 
fallen into Disorder and Confusion, which has accord- 
ingly been represented to our Dearest Brother the late 
King in Severall Petitions, Memorialls and other 
Papers signed by the General Proprietors, and by great 
Numbers of the Inhabitants; And by means of that 
Disorder the Publick Peace and Administration of 
Justice (whereby the Properties of Our Subjects 
should be preserved there) is interrupted and violated, 
and the Guard and Defence of the Country so totally 
neglected that the same is in iminent Danger of being- 
lost from the Crown of England; And whereas the 

' The words in brackets in Smith's History, but not in the original draft.— Ed. 



490 NEW JERSEY COLONIAL DOCUMENTS. [1702 

foresaid Proprietors being Sensible that the saidj 
Country and our good Subjects the Inhabitants thereof,! 
can not be Defended and Secured by any other means" 
than by our taking the Government of the same under 
our immediate Care, have Executed and made a formal 
and Entire Surrender of their Right or pretended 
Right and Title to the Government of that Comitry 
unto Us; We therefore reposing especial Trust and 
Confidence in the Prudence, Courage and Loyalty of 
you the said Lord Cornbury, Our of Our especial 
Grace, contain Knowledge and meer Motion, have 
thought fit to Constitute and appoint, and by these 
Presents do constitute and appoint you the said Lord 
Cornbury to be Our Captain Generall and Governour 
in Chief in and over the foresaid Country of Nova 
Caesaria or New Jersey, viz. the Divisions of East and 
West New Jersey in America; Which We have 
thought fit to reunite into one Province and Settle 
under one intire Government. 

And We do hereby require and Com'and you to doe 
and Execute all things in due manner that ShaU belong 
unto Your said Command and the ^ Trust we have 
reposed in you according to the Severall Powers and 
Directions, granted or appointed you by this present 
Commission, and the Instructions and Authorities 
herewith given you, or by such further powers. In- 
structions or Authorities as shall at any time hereafter 
be granted or appointed you under Our Signet and 
Signe Manual or by Our Order in Our Privy Council 
and according to such reasonable Laws and Statutes, 
as shall be made and agreed upon by you, wdth the 
Advice and Consent of the Counsil and Assembly of 
Our said Province under Your Government, in such 
manner and forme as is hereafter expressed. 

And Our Will and Pleasure is. That you the 
said Lord Cornbury having (after the publication of 
these Our Letters Patents) first taken the Oaths ap- 



J 702] COMMISSION OF GOVERNOR CORNBURY. 491 

pointed by Act of Parliament to be taken in Stead of 
the Oaths of Allegiance and Supremacy and the Oath 
mentioned in an Act, Entituled An Act to declare the 
Alteration in the Oath ajjpointed to be taken by the 
Act Entituled an Act for the further Security of his 
Majesty^s Person, and the Succession of the Crown in 
the Protestant Line, and for Extinguishing the hopes 
of the pretended Prince of Wales, and cdl other Pre- 
tenders aud their opeti and Secret abettors, and for 
declaring the Association to be determined as also the 
Test mentioned in an Act of Parliament made in the 
25*'' year of the Reign of King Charles the Second En- 
tituled, An Act for preventing Dangers which may hap- 
pen from Popish Recusants, together with an Oath for 
the due Execution of the Office, and Trust of our Cap- 
tain General and Governour in Chief in and over our 
said Province of Nova Caesaria or New Jersey, as well 
with regard to the equal and impartial Administration 
of Justice in all Causes that shall come before you as 
otherwise, and likewise the Oath required to be taken 
by Governours of Plantations to doe their utmost that 
the Laws relating to the Plantations be observed (All 
which Our Council in Our said Province or any Three of 
the Members thereof have hereby full Power and Au- 
thority and are required to give and administer unto 
You, and in your absence to our Lieutenant Governour if 
there be any upon the place) You shall administer unto 
each of the Members of Our said Council, as also to our 
Lieutenant Governour if there be any upon the place 
as well as the Oaths appointed by Act of Parliament or 
be taken in stead of the Oaths of Allegiance and Su- 
premacy and the Oath mentioned in the said Act En- 
tituled An Act to declare the alteration in the Oath 
appointed to be taken by the Act Entituled an Act for 
the further Security of his Majesty\s Person and the 
Succession of the Crown in the Protestant Lhie, and 
for Extinguishing the hopes of the pretended prince of 



492 NTEW JERSEY COLONIAL DOCUMENTS. [170'-J^ 

Wales and all other Pretenders and their Open and 
Secret Abettors and for declaring the Association to 
he determined as the fore mentioned Test, and the 
Oath for the due Execution of the Places and Trusts. 

And We do hereby give and grant unto you full 
Power and Authority to suspend any of the Members 
of Our said Council from Sitting Voting and Assisting 
therein, if you shall find just Cause for so doing. 

And if it shall at any time happen that by the Death, 
Departure out of said Province or Suspension of any 
of our said Counsellors or otherwise, there shall be a 
Vacancy in Our said Councill (any Three whereof We 
do hereby appoint to be a Quorum) Our Will and 
Pleasure is; That you signify the same unto us by the 
first Opportunity that We may under Our Signet and 
Sign Manual constitute and appoint others in their 
Stead. 

But that Our Affairs may not suffer at that Distance 
for want of a due Number of Counsellors, if ever it 
shall happen that there be less than Seven of them re- 
siding in Our said Province: We do hereby give and 
grant unto you the said Lord Cornbury full Power and 
Authority to choose as many persons out of the Prin- 
cipal Freeholders Inhabitants thereof, as will make up 
the full number of Our said Council to be Seven and 
no more, which persons so chosen and appointed by 
you, shall be to all Intents and purposes Counsellors in 
Our said Province untill either they shall be confirmed 
by Us, or that by the nomination of Others by Us 
under Our Sign Manual and Signet Our said Council 
shall have Seven or more persons in it. 

And We do hereby give and grant unto You f uU 
Power and Authority, with the Advice and Consent of 
Our said Councill from time to time as need shall re- 
quire, to Summon and call General Assemblies of the 
Freeholders and Planters within Your Government in 
manner and forme as shall be directed in Our Instruc- 



1702] COMMISSION OF frOVERNOR CORNBURY. 403 

tions which will be given You together with this Our 
Comroission. 

Our Will and Pleasure is. That the Persons 
thereupon duly Elected by Major part of the Freehold- 
ers of the respective Counties and places, and so re- 
turned, and having before their Sitting taken the Oaths 
appomted by Act of Parliament to be taken instead of 
the Oaths of Allegiance and Supremacy, and the Oath 
mentioned in the foresaid Act Entituled An Act to de- 
clare the Alteration in the Oath appointed by the Act, 
Entituled an Act for the further Security of his Maj- 
esty's Person and the Succession of the Protestant 
Line and for Extinguishing the hopes of the pretended 
Prince of Wales and all other Pretenders and their open 
and Secret Abettors, and for declaring the Association 
to be determined, as also the forementioned Test, 
(which Oaths you shall Commissionate fit persons under 
Our Seal of Nova Caesaria or New Jersey, to Admin- 
ister unto them, and without the taking of which 
Oaths and Subscribing the said Test, none shall be 
Capable of Sitting though Elected) shall be called and 
held the Generall Assembly of that Our Province. 

And that you the said Lord Cornbury by and with 
the Advice and Consent of Our Council and Assembly 
or the Major part of them respectively, shall have full 
Power and Authority, to make. Constitute, and Or- 
dain Laws, Statutes and Ordnances, for the publick 
Peace, Welfare and good Government of Our said 
Province and of the People and Inhabitants thereof, 
and such others as shall resort thereto, and for the 
Benefit of Us Our Heirs and Successors. 

Which said Laws Statutes and Ordinances are not to 
be repugnant, but as near as may be agreeable unto 
the Laws and Statutes of this Our Kingdom of Eng- 
land Provided, that all such Laws, Statutes and Ordi- 
nances of what Nature or Duration soever, be within 
three Months oi" sooner after the making thereof trans- 



494 NEW JERSEY COLONIAL DOCUMENTS. [1702 ' 

mitted unto Us, under Our Seal of Nova Csesaria or 
New Jersey for Our Approbation or disallowance of 
them; As also Duplicates thereof by the next Convey- 
ance. 

And in case any or all of them (being not before con- 
firmed by Us) shall at any time be dissallowed and not 
approved, and So Signifyed by Us, Our Heirs or Suc- 
cessors, under Our or their Sign Manual and Signet, or 
by Order of Our or their Privy Councill, unto you the 
said Lord Cornbury or the Commander in Chief of Our 
said Province for the time being, then such and so 
many of them as shall be so disallowed & not approved 
shall from thence forth cease, determine and become 
utterly void and of none effect, anything to the con- 
trary thereof notwithstanding. 

And to the end that nothing may be passed or done 
by Our said Council or Assembly to the prejudice of 
Us, Our Heirs and Successors; We Will and Ordain 
that you the said Lord Cornbury shall have and enjoy 
a Negative Voice in the making and passing of all 
Laws Statutes and Ordinances as aforesaid And that 
you shall and may likewise from time time as you 
shall judge it necessary Adjourn, prorogue and disolve 
all General Assemblies. 

Our Will and Pleasure is, That you shall and 
may use and keep the Publick Seale of Our Province of 
Nova Csesaria or New Jersey, for Sealing all things 
whatsoever that pass the Great Seal of Our said Prov- 
ince under your Government. 

And we do further give and grant unto you the said 
Lord Cornbury full power and Authority, from time 
to time, and at all times hereafter, by yourself, or by 
any other to be Authorized by you in that behalf to 
administer and give the Oaths appointed by Act of 
Parliament to be taken instead of the Oaths of Alle- 
giance and Supremacy to all and every such person & 
persons as you shall think fit, who shall at any time 



1702J COMMISSION OF GOVERNOR C0RN15URY. -tDS 

or times pass into Our said Province, or shall be resi- 
dent or abiding there. 

And We do further give and grant unto you full 
Powder and Authority with the Advice and Consent of 
Our said Councill, to Erect Constitute and Establish 
such and so many Courts of Judicature and public Jus- 
tice, within Our said Province under your Govern- 
ment, as you and they shall think fitt and necessary for 
the hearing and determining of all Causes as well Crim- 
inal as Civil, according to La\v& Equity, and for award- 
ing of Execution thereupon, with all reasonable and ne- 
cessary Powers, Authorities, Fees and Priviledges 
belonging unto them. As also to appoint and Commis- 
sionate fitt persons in the Severall Parts of your Gov- 
ernment, to administer the Oaths appointed by Act of 
Parliament to be taken instead of the Oaths of Alle- 
giance and Supremacy and the Oath mentioned in the 
aforesaid Act Entituled A71 Act to delm^e the Altera- 
tion in the Oath appointed to he taken by the Act En- 
titided an Act for the Security of his Majesty^ s Person 
and the Successio7i of the Croivn in the Protestant 
Line, and for extinguishing the hopes of the iJret ended 
Prince of Wales, and all other Pretenders and their 
open and Secret abettors, and for declaring the Asso- 
ciation to be deterniined, as also the Text unto such 
persons as shall be obliged to take the same. 

And We do hereby Authorize and impower you to 
constitute and appoint Judges (and in Cases requisite) 
Commissioners of Oyer and Terminer . Justices of the 
Peace, and other necessary Officers and Ministers in 
Our said Province, for the better Administration of 
Justice and putting the Laws in Execution and to 
administer or cause to be administred unto them Such 
Oath or Oaths as are usually given for the due Execu- 
tion and performance of Offices and Places, and for the 
clearing of Truth and Judicial Causes. 

And We doe hereby give and grant unto you full 



496 NEW JERSEY COLONIAL DOCUMENTS. [1702 

Power and Authority, where you shall see cause or 
Judge an Offender or Offenders in Criminal Matters, 
or for any Fines or Forfeitures due unto us, fitt Ob- 
jects of our Mercy, to pardon all such Offenders and to j 
remitt all such offences, Fines, and Forf eitueres Treason 1 
and Willfull Murder only excepted; In which cases you 
shall likewise have power upon extraordinary Occasions 
to grant Eeprieves to the Offenders untill and to the 
Intent our Eoyal Pleasure may be known therein. 

And We do by these Presents, Authorize and impower 
you to collate any person or persons to any Churches, 
ChapiDells, or other Ecclesiasticall Benefices within Our 
said Province as often as any of them shall happen to 
be voyd. 

And We do hereby give and grant unto you the 
said Lord Cornbury by yourself and by your Captains 
and Commanders by you to be Authorized full Power 
and Authority to Levy, Arm, Muster, command and 
imploy all persons whatsoever residing within Our 
said Province of Nova Caesaria or New Jersey, And as ■ 
occasion shall serve then to transfer from one f)lace to 
another, for the resisting and withstanding of all 
Enemys, Pirates and Rebells both at Sea and Land, 
And to transport such Forces to any of Our Planta- 
tions in America, if necessity shall require, for the de- 
fence of the same, against the Invasion or attempts of 
any of Our Enemys; And such Enemys Pirates and 
Rebells, if there shall be occasion to pursue and prose- 
cute, in or out of the Limitts of Our said Province and 
Plantations or any of them; And if it shall please God 
them to vanquish; apprehend and take and being 
taken, either according to Law to put to Death, or 
keep and preserve alive at your Discretion; And to 
execute Martiall Law in time of Invasion, Insurrec- 
tion, or War; And to do and Execute all and every 
other thing and things which to Our Captain Generall 
and Governour in Chief doth or ought of Right to 
belong. 



L702] COMMISSION or gover/n"or cornbury. 49'? 

And We do hereby give and grant unto you full 
Power and Authority, by and with the Advice and 
Consent of Our said Councill to Erect raise and build 
in our said Province of Nova Ca^saria or New Jersey, 
such and so many Forts, Platforms, Castles, Citys 
Burroughs, Towns and Fortifications, as you by the 
Advice aforesaid shall judge necessary; And the same 
or any of them to Fortifie and furnish with Ordnance 
Ammunition and all Sorts of Arms fit and necessary 
for the Security and defence of Our said Province; and 
by the Advice aforesaid the same or any of them 
again to demolish or dismantle as may be most con- 
venient. 

And for as much as divers Mutinys & Disorders may 
happen by Persons Shipped and imployed at Sea during 
the time of Warr, and to the End that such as shall be 
Shipped and imployed at Sea during the time of Warr, 
may be the better Governed and Ordered, We do here- 
by give and grant unto you the said Lord Cornbury 
full Power and Authority to constitute and appoint 
Captains, Lieutenants, Masters of Ships and other 
Commanders and Officers, and to grant unto such Cap- 
tains, Lieutenants, Masters of Ships and other Com- 
manders and Officers, Commissions to execute the 
Law Martial during the time of War, And to use such 
Proceedings, Authorities, Punishments, Corrections 
and Executions upon any Offender or Offenders who 
shall be mutinous Seditious, disorderly, or any way 
unruly either at Sea, or during the time of their Abode 
or residence in any of the Ports, Harbours, or Bays of 
Our said Province, as the Cause shall be found to re- 
quire, according to Martial Law during the time of 
War as aforesaid 

Provided that nothing herein contained shall be con- 
strued to the Enabhng You, or any by your Authority, 
to hold plea or have any Jurisdiction of any Offence, 
Cause matter or thing committed or done upon the 
33 



498 NEW jeeset colonial documents. [1702! 

i 
High Sea, or within any of the Havens, Rivers or Creeks ; 
of Our said Province under your Government by any 
Captain, Commander, Lieutenant, Master, Officer,' 
Seaman, Soldier or other person whatsoever, who shall 
be in Actual Service and pay in or on Board any of 
Our Ships of War or other Vessels acting by imme- 
diate Com'ission or Warrant from Our High Admiral 
of England under the Scale of Our Admiralty, or from 
Our Commissioners for executing the Office of Our 
High Admiral of England for the time being; But that 
such Captain, Commander, Lieutenant Master Officer, 
Seaman Soldier and other person so offending, shall be 
left to be proceeded against and Tryed as the Merits of 
their Offences shall require, either by Commission 
under Our great Seal of England, as the Statute of the 
XXVIII"' of King Henry the 8*^ directs, or by Com- 
mission from Our High-Admiral of England, or from 
Our Commissioners for executing the Office of Our 
High Admiral of England for the time being, accord- 
ing to the Act of Parliament passed in the 13^?' year of 
the Reign of King Charles the 2'' (Entituled An Act 
for the Estahlishing Articles and Orders for the regu- 
lating and better Government of his Majesty's Navys, 
Ships of War and forces by Sea) and not otherwise. 

Provided Nevertheless, that all Disorders and Mis- 
demeanours committed on Shore by any Captain, 
Commander, Lieutenant, Master Officer, Seaman, 
Soldier, or other person whatsoever, belonging to any 
of Our Ships of War or other Vessells acting by imme- 
diate Commission or Warrant from Our High Admiral 
of England under the Seal of Our Admiralty or from 
our Commissioners for Executing the Office of High 
Admiral of England for the time being, may be tryed 
and punished according to the Laws of the Place 
where any such Disorders, Offences and Misdemean- 
oui's shall be committed on Shore, Notwithstanding- 
such Offender be in Our Actual Service and born in 



1702] COMMISSION OF GOVERNOR CORNBURY. 499 

Our Pay on board any such Our Ships of War or other 
Vessells acting by immediate Commission or Warrant 
from Om^ High Admiral, or from Commission" for 
Executing the Office of High Admiral for the time 
being as aforesaid; So as he shall not receive any Pro- 
tection for the avoiding of Justice for such Offences 
committed on Shore, from any pretence of his being 
imployed in Our Service at Sea. 

Our Will and Pleasure is, That all Publick Mony 
raised or which shall be raised by any Act hereafter to 
be made within Our said Province, be issued out by 
Warrant from you by and with the Advice and Con 
sent of Our Councill and disposed of by You for the 
Support of the Government and not otherwise. 

We do hereby give you the said Lord Cornbury full 
Power and Authority to Order and appoint Fairs, Marts 
and Markets, as also such and so many Ports, Harbours, 
Bays, Havens and other places for the Convenience 
and Security of Shipping And for the better Loading 
and unloading of Goods and Merchandizes, as by you 
with the Advice and Consent of Our said Council shall 
be thought fit and necessary. 

And We do hereby require and command all Officers 
and Ministers Civil and MiUtary, and all other Inhabit- 
ants of Our said Province to be Obedient aiding and 
Assisting unto you the said Lord Cornbury, in the Ex- 
ecution of this Our Commission and of the Power and 
Authority s herein contained; And in Case of your 
Death or Absence out of Our said Province to be obe- 
dient, aiding & assisting unto such person as shall be 
appointed by us to be Our Lieutenant Governour or 
Commander in Chief of Our said Province to whom 
We do therefore by these Presents; give and grant all 
and Singular the Powers and Authoritys aforesaid to 
be by him executed and enjoyed during Our Pleasure, 
or untill your arrival within Our said Province; And 
if upon, your Death or Absence out of Our said Prov- 



I 

500 ]SrE\V JERSEY COLONIAL DOCUMENTS. [1702 i 

ince there be no person upon the Place commissionated ■ 
or appointed by Us to be Our Lieutenant Governouror ! 
Commander in Chief of the said Province. Our Will 
AND Pleasure is, That the then present Council of 
Our said Province do take upon them the Administra- 
tion of the Government and Exercise this Commission 
and the severall Powers and Authorities herein con- 
tained, And that such Counsellor who shall be at the 
time of your death or Absence residing within Our 
said Province and nominated by Our Instructions to 
you before any other at that time residing there, do 
preside in Our said Council with such Powers and Pre- 
heminiences as may be necessary in those Circum- 
stances, for the due and orderly carrying on the pub- 
lick Service, in the Administration of the Government 
as aforesaid until Our Pleasure be further known, or 
untill your Returne. 

Lastly We do hereby declare, ordain and appoint 
that you the said Lord Cornbury shall and may hold 
Execute and Enjoy the Office and Place of Captain 
Generall and Governour in Chief in and over Our 
Province of Nova Caesaria or New Jersey, together with 
all and Singular the Powers and Authorities hereby 
granted unto You, for and during Our Will and Pleas- 
ure, from and after the PubUcation of this Our Com- 
mission, 

[In witness whereof we have caused these our letters 
to be made patents; Witness ourself at Westminster, 
the fifth day of December, in the first year of our 
reign. Anne] ' 



1 The concuding paragraph within brackets is from the printed copy of the Com- 
mission in Smith's History of New Jersey, p. 230, and in Grants and Concessions, p. 
&47. The Commission being transmitted to the Queen on the 18th December, 1702, 
was approved on the 24th, but did not reach Lord Cornbury at New York until the 
29th July, 1703. He had received notice of his appointment several months pre- 
vious —Ed. 



1702J LOKD CLARENDON ABOUT THE COUNCIL. 501 



Letter from Lord Clarendon to the Secretary of State 
about the Council for Neiv Jersey. 

[From P. R. O. America & West Indies Vol. 575.] 

Letter from Lord Clarendon. 

September 1^' 1702 
My Lord. 

Having been confined ever since I was w"' your Ldp, 
by a severe fitt of the Strangury, Avill make my excuse 
for not wayting on your Lo'p at this time. I give 
your Lo'p many thanks for the Hst you sent me of the 
Members of the Councell of New Jersey: Not know- 
ing anything of that Countrey myself e, I have advised 
w"' some here of that Province, & particularly w"' 
Coll Basse, who hath given me his remarks upon six 
of them; Whether it be fitt, upon this new settlement 
of the Province of East & West Jersey, to putt Quakers 
into the Councell, when there is choice of other Men, 
I submitt to your Lo'p. Coll Basse has desired me to 
move your Lo'p something, in his behalfe, concerning 
some alteration to be made in his Warrant of Secretary 
w*^'' I camiot better represent to your Ld'p than by 
laying before you his I're to me, & then your Lo'p will 
be best able to judge whether what he desires be reason- 
able or not, I am sure I would not ask any thing that 
is not thought soe by your Lo'p. I take the liberty of 
sending this by Coll Basse, because he will be best able 
to answer such questions as your Ld'p shall have oc- 
casion to aske. I will wayt on your Lo'p as soon as I 
can goe abroad, and am w^*" all imaginable respect 
My Lord 

Your Lo'ps 

Most faithful humble 
Servant 

Clarendon 



502 NEW JERSEY COLONIAL DOCUMENTS. [1702 

(Enclosed in the foregoing letter) 

[Remarks of Jeremiah Basse on some of these names] 

Edward Hunlock: In the time of my administration 
proued to be an Encorager &, Fauorer of y^ Py- 
rates being their Trustee for their Cash & very 
much in the Quaker Interest. 

Sam' Jennings. A Biggoted Quaker Preacher, &c, 
Francis Davenport: A Quaker & Preacher 

William Pinhorne. Formerly Of the CounciU & 
Judge of New Yorke butt turned outt by L*^ Bella- 
mont for some lU practises. 

Sam' Leonard. A man of no Estate Complain'd of by 
the Country and a zealous stickler for the Quakers. 

George Deacon: A Quaker Preacher. 

In the Roome of these If your Lordship please to add 
Major John Berry Daniell Coxe Jun' John Royce Cap' 
John Jewell Collector of his Maj*^ Customs, Edward 
Slater Coll Rich'' Townely or any other in the list : or 
your Lordship shall think fit. 



Lords of Trade to the Earl of Nottingham., relating to 
the Council of New Jersey. 

[From New York Col. Docts., Vol. IV, p 965.] 

To the R^ Hoii^^« the Earl of Nottingham. 
My Lord 

We have received your Lordships letter of the 12 of 
August, signifying that Colonel Jeremiah Bass and 
Daniel Cox Esq'*" having been recommended to her 
Majesty as persons fit to be members both of the Coun- 
cil of New York and New Jersey might be inserted in 
the instructions preparing for the Lord Cornbury in 
case we had no objections against it, in answer where 
unto we take leafe to offer to your Lordship, that as to 



1702] LORDS OF TRADE ON NOMINATIONS. 503 

New Yorke the divisions of that Province having been 
very great and we dayly expecting to be informed from 
my Lord Cornbury how the present state of things are 
there, and what will be the best method of reconcihng 
the inhabitants we think it most for her Majestys 
Service that the nomination of councellors be defer'd 
till we receive such information. To which we add 
upon this occasion that it has constantly been 
given as a clause in all instructions to Governours that 
the members of their respective Councils should be men 
who have good Estates and we do not hear of any Es- 
tates that either M"" Bass or M"^ Cox has in that Province. 
As to the said Persons being of the Councill of New 
Jersey We have akeady inserted in the said Lord Corn- 
bury's instructions for that Province the names of 12 
persons which were after much contest between the Pro- 
prietors of the East and West division agreed to unani- 
mously by both parties, and which was in some meas- 
ure a condition upon which they have surrender'd. We 
think it therefore for her Majestys Service to keep to 
the nomination of those persons and are apprehensive 
that any alteration at present may renew their former 
animosities in that Province. As to the number of 12 
We are restrained by an order of Council, and whereas 
to that number Coll Quary is added in New Jerse}^ it 
is only to enable him the better to Execute his office 
of Judge of the Admiralty as her Majestys Service 
may occasionally call him thither He not being from 
thence reckoned a standing Counsellor in that Province 
We are My Lord Your Lordships 

Most humble servants 
Dartmouth 
Eob: Cecill 
Jn? Pollexfen 
Mat: Prior 
Whiteliall 
Sept?" the 3, 1702. 



504 NEW JERSEY COLOlSriAL DOCUMENTS. [1702 



Lewis Morris to the Lords of Trade, referring to the 
diffimdties in New Jersey. 

[From P. R. O. B. T. New Jersey, Vol. 1, A 10.] 

Letter from Coll: Morris complaining of y® great 
Irregularities in NeAv Jersey. 

My Lords 

New Jersie is still without Government, and the re- 
ceptacle of abundance of rogues, that Cannot be safe 
anywhere Elce; who dayly repair to this Province as 
to any Asyle; and so many of the Soldiers from New 
Yorke, are here Protected, y* in a little time who shall 
be able to Suply that Garrison. I cannot say we suffer 
all y*" miseries of Confusion, but realy a great part of 
them we do; Our Province being without Law and 
gospell having neither Judge or Priest. 

I lay'd (when In England) before your Lordships 
Some Records of Severall ryots, or rather Rebelhons 
Committed against that Government there was here, 
and begg'd there might be some notice taken of them; 
I must renew the Same Intreaties, because it is for y'' 
Publique Service, and must assure your L'pps if those 
Persons are Suifer'd to Passe w*!' Impunity, her Majes- 
ties Govern'.^, not only here, but in all the Neighbour- 
ing plantations, will find y' 111 Effects of so Pernicious 
an Example, the common People never concidering, 
the true natures and circumstances of things, but 
blindly coppy, and generally after (and Outdo) the 
worst Originalls. I dare not determine that the pres- 
sent 111 circumstances of New Yorke, Jersies, Pennis- 
ilvania, y'' Carolina's and Lucay Islands, are deriv'd 
from New. England; but y*" transcripts were so Exact, 



1702] LEWIS MORRIS ON XEW .JERSEY IRREGULARITIES 505 

in most; or all the Circumstances, y' I feare they were 
too much Influenc'd by that worst of Examples. 

It is urg'd in defence of the ryoters in our Province 
y the Propi had no right to Government, and their 
Govern' without y*" Kings approbation, had no more 
Authority than A Private person. All the power then 
in being, was Lodg'd in the Proprietors governour, 
whether rightly or no, I wont determine; nor do I 
thinke the mob were to be Judges, were it so or not, 
and Since his Late Majestic did not thinke fit to Super- 
sede the Proprietors Governour, by any person more 
Imediatly commission'd from himself e; it was the 
peoples duty to sit still and obey, there being no other 
End in Asserting an Authority than y'^ publique good. 
And however Lame the Proprietors Authority was 
(though by his Late Majesties direction your Lordships 
making termes w"' them, his Late Majestic and Coun- 
ciU, comanding W Attorney Geni^ to draw a forme of 
Surrender, of the powers of government, for the Pro- 
prietors to Signe, her Present Majesties Acceptance of 
the Same Surrender, and your Lords'ps memoriall to 
y'' Queen, to appomt a governour, now y? Proprietors 
had Surrender'd; be more than tacit Acknowledgements 
that the powers of Government were Lodg'd in them, 
and that her Majestic had no right to appoint, till y' 
Surrender was compleated) I say however Lame the 
Proprietors Authority, twas derived from A Grant 
under the great Scale from the crowne, and dependant 
on it, y'' conservation of the peace. Putting in Execu- 
tion the Laws, and Administering Justice was both a 
benefit to the People and a service to the King on the 
Contrary the beating and womiding Sherrifs, Affront- 
ing the Courts, driving the Justices of the bench Lay- 
ing Violent hands on y' Governour and Part of his 
Councill, and Imprisoning them. And all this (except- 
ing three or foure) done by the Verry dreggs and ras- 
callity of the people; was an allmost Irepamble Losse 



506 NEW JERSEY COLONIAL DOCUMENTS. [1702 

to y Province, an Affront to y'' Crowne, and w'Ought 
not to Passe (I speake w*"" Submission) w*^out A check 
at least, the making of them sencible of their Errors by 
force, was a method of conviction forbore not of ne- 
cessity but choice, not doubting propper notice wou'd 
be taken of them, by both their Superiors and Ours. I 
trouble too Long, and am sorry for the Occasion, but 
to see men of the best figure and Estates in y'' Prov- 
ince, daily Insulted by crowds of the most necessitous 
Scoundrells, the scum and dreggs of mankind, is no 
sraaU temptation to resentment and hope will Inclyne 
your, L'ps to Excuse. 

My Lords; Your Lordships most 

Humble Servant 
Lewis Morris. 
Jersie yf 29'" September 1702: 



Instructions from Queen Aruie to Lord Cornbury as 

Governor of New Jersey. 

[Printed from Smith's New Jersey, p. 230, as approved by Queen Anne August 24th 
1702. P. R. O. B. T., New Jersey Vol. 1, A 8., Vol. 11, p. 22.1 

Instructions for our right trusty and well beloved 
Edward lord Cornbury, our captain general 
and governor in chief, in and over our province 
of Nova Csesaria, or New Jersey, in America. 
Griven at our Court at St. Jame's, the sixteenth 
day of November, 1702, in the first year of our 
reign. -^ 

1. With these our instructions you will receive our 
commission under our great seal of England, consti- 



1 Not received by Lord Cornbury until July 29th, 1703. N. Y. Col. Docts. p. 
1069.— Ed. 



1702] I2^STRUCT10N8 TO GOVERNOR CORNBURY. 507 

tuting you our captain general and governor in chief 
of our province of New Jersey. 

2. You are with all convenient speed to repair to our 
said province, and being there arrived, you are to take 
upon you the execution of the place and trust we have 
reposed in you, and forthwith to call together the fol- 
lowing persons, whom we do by these presents appoint 
and constitute members of our council in and for that 
province, viz. Edward Hunloke, Lewis Morris, Andrew 
Bowne, Samuel Jenings, Thomas Revell, Francis Dav- 
enport, William Pinhorne, Samuel Leonard, George 
Deacon, Samuel Walker, Daniel Leeds, WilUam Sand- 
ford, and Robert Quarry, esquires. 

3. And you are with all due solemnity, to cause our 
said commission under our great seal of England, consti- 
tuting you our captain general and governor in chief as 
aforesaid, to be read and published at the said meet 
ing of our council, and to cause proclamation to be 
made in the several most pubhc places of our said 
province, of your being constituted by us our captain 
general and governor in chief as aforesaid. 

4. Wliich being done, you shall yourself take, and 
also administer to each of the inembers of our said 
council so appointed by us, the oaths appointed by act 
of parhament to be taken instead of the oaths of alle- 
giance and supremacy, and the oath mentioned in an 
act, entitled, An act to declare the alteration in the 
oath appointed to he taken by the act, entitled, An act 
for the further security of his majesty^ s person, and 
the succession of the crown in the protestant line, and 
for extinguishing the holies of the pretended prince of 

Wales, and all other pretenders, and their open and 
secret abettors, and for declaring the association to be 
determined; as also the test mentioned in an act of par- 
liament made in the twenty fifth year of the reign of 
king Charles the second, entitled. An act for prevent- 
ing dangers which may happen from popish recusants; 



508 KEW JERSEY COLONIAL DOCUMEN^TS. [1702 

together with an oath for the due execution of your 
and their places and trusts, as well with regard to the 
equal and impartial administration of Justice in all 
causes that shall come before you, as otherwise, and 
likewise the oath required to be taken by governors of 
plantations, to do their utmost, that the laws relating 
to the plantations be observed. 

5. You are forthwith to communicate unto our said 
council, such and so many of these our instructions, 
wherein their advice and consent are mentioned to be 
requisite, as hkewise all such others from time to time, 
as you shall find convenient for our service to be im- 
parted to them. 

6. And whereas the inhabitants of our said province 
have of late years been unhappily divided, and by their 
enmity to each other, our service and their own wel- 
fare has been very much obstructed; you are therefore 
in the execution of our commission, to avoid the en- 
gaging yourself in the parties which have been form'd 
amongst them, and to use such impartiality and mod- 
eration to all,' as may best conduce to our service, and 
the good of the colony. 

7. You are to permit the members of our said coun- 
cil, to have and enjoy freedom of debate and vote, in 
all affairs of publick concern, that may be debated in 
council. 

S. And altho' by our commission aforesaid, we have 
thought fit to direct that any three of our coucellors 
make a quorum, it is nevertheless our will and pleas- 
ure, that you do not act with a quorum of less than 
five members, except in case of necessity. 

9. And that we may be always informed of the 
names and characters of persons fit to supply the va- 
cancies which shall happen in our said council, you 
are to transmit unto us, by one of our principal secre- 
tary's of state, and to our commissioners for trade and 
plantations, with all convenient speed, the names and 



1702] INSTRUCTIOIfS TO GOVERNOR CORNBURY. 509 

characters of six persons, inhabitants of the eastern 
division, and six other persons inhabitants of the 
western division of our said province, whom you shall 
esteem the best qualified for that trust; and so from 
time to time when any of them shall die, depart out of 
our said province, or become otherwise unfit, you are 
to nominate unto us so many other persons in their 
stead, that the list of twelve persons fit to supply the 
said vacancies, viz. six out of the east, and six out of 
the west division, as aforesaid, may be always com- 
pleat. 

10. You are from time to time to send to us as afore- 
said, and to our commissioners for trade and planta- 
tions, the names and qualities of any members by you 
put into our said council, by the first conveniency after 
you so doing. 

11. And in the choice and nomination of the mem- 
bers of our said council, as also of the principal offi- 
cers, judges, assistants, justices and sheriffs, you are 
always to take care that they be men of good life^ and 
well affected to our government, of good estates and 
abilities, and not necessitous people or much in debt. 

12. You are neither to augment nor diminish the 
number of our said council, as it is hereby established 
nor to suspend any of the present members thereof 
without good and sufficient cause: And in case of sus- 
pension of any of them, you are to cause your reasons 
for so doing, together with the charges and proofs 
against the said persons, and their answers thereunto 
(unless you have some extraordinary reason to the 
contrary) to be duly entered upon the council books; 
and you are forthwith to transmit the same, together 
with your reasons for not entering them upon the 
council books, (in case you do not enter them) unto us 
and to our commissioners for trade and plantations as 
aforesaid. 

13. You are to signify our pleasure unto the mem- 



510 NEW JERSEY COLONIAL DOCUMENTS. [1702 

bers of our said council, that if any of them shall at 
any time hereafter absent themselves, and continue 
absent above the space of two months together from 
our said province without leave from you, or from our 
governor or commander in chief of our said province, 
for the time being, first obtained; or shall remain ab- 
sent for the space of two years, or the greater part 
thereof successively, without our leave given them 
under our royal sign manual; their place or places in 
our said council, shall immediately thereupon become 
void, and that we will forthwith appoint others in their 
stead, 

14, And in order to the better consolidating and in- 
corporating the two divisions of East and West New 
Jersey, into and under one government, our will and 
pleasure is, that with all convenient speed, you call 
together one general assembly for the enacting of laws 
for the joint and mutual good of the whole; and that 
the said general assembly do^^'sit in the first place at 
Perth Amboy, in East New- Jersey, and afterwards the 
same, or other the next general assembly, at Burling- 
ton, in West New- Jersey; and that all future general 
assemblies do set at one or the other of those places 
alternately, or (in cases of extraordinary necessity) ac- 
cording as you with the advice of our foresaid council, 
shall think fit to appoint them. 

15. And our further will and pleasure is, that the 
general assemby so to be called, do consist of four and 
twenty representatives, who are to be chosen in the 
manner following, viz. two by the inhabitants house- 
holders of the city or town of Perth-Amboy, in East 
New- Jersey; two by the inhabitants householders of 
the city and town of Burlington in West New- Jersey; 
ten by the freeholders of East New-Jersey and 
ten by the freeholders of West New- Jersey; and 
that no person shall be capable of being elected a 
representative by the freeholders of either division, or 



1702] INSTRtJCTIONS TO GOVERNOR CORNBURY. 511 

afterwards of sitting in general assemblies, who shall 
not have one thousand acres of land, of an estate of 
freehold, in his own right; within the division for 
which he shall be chosen; and that no freeholder shall 
be capable of voting in the election of such representa- 
tive, who shall not have one hundred acres of land of 
an estate of freehold in his own right, within the di- 
vision for which he shall so vote: And that this num- 
ber of representatives shall not be enlarged or dimin- 
ished, or the manner of electing them altered, other- 
wise than by an act or acts of the general assembly 
there, and confirmed by the approbation of us, our 
heirs and successors, 

16. You are with all convenient speed to cause a col- 
lection to be made of all the laws, orders, rules, or such 
as have hitherto served or been reputed as laws 
amongst the inhabitants of our said province of Nova- 
Csesaria, or New- Jersey, and, together with our afore- 
said council and assembly, you are to revise, correct, 
and amend the same, as may be necessary; and accord- 
ingly to enact such and so many of them, as by you 
with the advice of our said council and assembly, shall 
be judged proper and conducive to our service, and the 
welfare of our said province, that they may be trans- 
mitted unto us, in authentic form, for our approbation 
or disallowance. 

IT. You are to observe in the passing of the said 
laws, and of all other laws, that the stile enacting the 
same, be by the governor, council and assembly, and 
no other. 

18. You are also as much as possible to observe, in 
the passing of all laws, that whatever may be requisite 
upon each different matter, be accordingly provided 
for by a different law, without intermixing in one and 
the same act, such things as have no proper relation to 
each other; and you are especially to take care that no 
clause or clauses be inserted in, or annexed to any act. 



512 NEW JERSEY COLONIAL DOCUMENTS. [1702 

which shall be foreign to what the title of such respec- 
tive act imports. 

19. You are to transmit authentic copies of the fore- 
mentioned laws that shall be enacted, and of all laws, 
statutes, and ordinances, which shall at any time here- 
after be made or enacted within our said jDrovince, 
each of them separately, under the publick seal, unto 
us, and to our said commissioners for trade and plan- 
tations, within three months or by the first opportunity 
after their being enacted, together with duplicates 
thereof by the next conveyance, upon pain of our high 
displeasure, and of the forfeiture of that year's salary, 
wherein you shall at any time, or upon any pretence 
whatsoever, omit to send over the said laws, statutes 
and ordinances as aforesaid, within the time above 
limited, as also of such other penalty as we shall 
please to inflict. But if it shall happen, that during time 
of war, no shipping shall come from our said province 
or other our adjacent or neighbouring i^lantations, 
within three months after the making such laws, 
statutes, and ordinances, whereby the same may be 
transmitted as aforesaid, then the said laws, statutes 
and ordinances are to be so transmitted as aforesaid, 
by the next conveyance after the making thereof 
whenever it may happen, for our approbation or dis- 
allowance of the same. 

20. You are to take care, that in aU acts or orders to 
be passed within that our province in any case for 
levying money or imposing fines and penalties, express 
mention be made that the same is granted or reserved 
to us, our heirs or successors, for the publick uses of 
that our province, and the support of the government 
thereof, as by the said act or orders shall be directed. 

21. And we do particularly require and command, 
that no money, or value of money whatsoever, be 
given or granted by an act or order of assembly, to any 
governor, lieutenant governor, or commander in chief 



1703] INSTRUCTIONS TO GOVERNOR CORNBURY. 513 

of our said province, which shall not according to the 
stile of acts of parliament in England, be mentioned 
to be given and granted unto us, with the humble de- 
sire of such assembly, that the same be applied to the 
use and behoof of such governor, lieutenant governor 
or commander in chief, if we shall so think fit; or if 
we shall not approve of such gift or application, that 
the said money or value of money, be then disposed 
of and appropriated to such other uses as in the said 
act or order shall be mentioned; and that from the 
time the same shall be raised, it remain in the hands 
of the receiver of our said province until oui" royal 
pleasure shall be known therein. 

22. You shall also propose with the said general as- 
sembly, and use your utmost endeavours with them, 
that an act be passed for raising and setthng a publick 
revenue for defraying the necessary charge of the gov- 
ernment of our said province, in which provision be 
pai-ticularly made for a competent salary to yourself, 
as captain general and governor in chief of our said 
province, and to other our succeeding captain generals, 
for supporting the dignity of the said office, as hkewise 
due provision for the salaries of the respective mem- 
bers of our council and assembly, and of all other 
officers necessary for the administration of that gov- 
ernment. 

23. Whereas it is not reasonable that any of our 
colonies or plantations should by virtue of any exemp- 
tions or other privileges whatsoever, be allowed to 
seek and pursue their own particular advantages, by 
methods tending to undermine and prejudice our other 
colonies and plantations, which have equal title to 
our royal care; and whereas the trade and welfare of 
our province of New- York, would be greatly preju- 
diced, if not intirely ruined, by allowing unto the in- 
habitants of Nova-Ca3saria, or New-Jersey, any ex- 
emption from those charges, which the inhabitants of 

34 



514 STEW JERSEY COLOKIAL DOCUMENTS. [1702 

New- York are liable to; you are therefore in the set- 
tling of a publick revenue as before directed, to pro- 
pose to the assembly, that such customs, duties and 
other impositions be laid upon all commodities im- 
ported or exported in or out of our said province of 
Nova-Csesaria, or New- Jersey, as may equal the charge 
that is or shall be laid upon the like commodities in our 
province of New-York. 

24. And whereas we are wilHng in the best manner 
to provide for the support of the government of our 
said province, by setting apart sufficient allowances to 
such as shall be our governor or commander in chief, 
residing for the time being within the same; our will 
and pleasure therefore is, that when it shall happen 
that you shaU be absent from the territories of New- 
Jersey and New- York, of which we have appointed 
you governor, one full moiety of the salary and of all 
perquisites and emoluments whatsoever, which w^ould 
otherwise become due unto you, shall, during the time, 
of your absence from the said territories, be paid and 
satisfied unto such governor or commander in chief 
who shall be resident upon the place for the time being, 
which we do hereby order and allot unto him towards 
his maintenance, and for the better support of the 
dignity of that our government, 

25. Whereas great prejudice may happen to our 
service and the security of our said province under 
your government by your absence from those parts, 
without a sufficient cause and especial leave from us; 
for prevention thereof, you are not upon any pretence 
whatsoever, to come to Europe from your government, 
without first having obtained leave for so doing, under 
our signet and sign manual, or by our order in our 
privy council. 

26. You are not to permit any clause whatsoever to 
be inserted in any law for the levying money, or the 
value of money, whereby the same shaU not be made 



J 702] INSTRUCTIONS TO GOVERNOR CORNBUR-^:. 515 

liable to be accounted for unto us here in England, 
and to our high treasurer, or to our commissioners of 
our treasury for the time being. 

27. You are to take care that fair books of accounts 
of all receipts and payments of all such money be 
duly kept, and the truth thereof attested upon oath, 
and that the said books be transmitted every half year 
or of tner, to our high treasurer, or to our commission- 
ers of our treasury for the time being, and to our com- 
missioners for trade and plantations, and dupHcates 
thereof by the next conveyance; in which books shall 
be specified every particular sum raised or disposed of, 
together with the names of the persons to whom any 
payment shall be made, to the end we may be satisfied 
of the right and due application of the revenue of our 
said province. 

28. You are not to suffer any publick money what- 
soever, to be issued or disposed of otherwise than by 
warrant under your hand, by and with the advice and 
consent of our said council; but the assembly may be 
nevertheless permitted from time to time to view and 
examine the accounts of money, or value of money 
disposed of by virtue of laws made by them, which 
you are to signify unto them as there shall be occa- 
sion. 

29. And it is our express wish and pleasure, that no 
law for raising any imposition of wines or other strong 
liquors, be made to continue for less than one whole 
year; as also that all laws whatsoever for the good 
government and support of our said province, be made 
indefinite, and without limitation of time, except the 
same be for a temporary end, which shall expire and 
have its full effect within a certain time. 

80. And therefore you shall not re-enact any law 
which shall have been once enacted there by you except 
upon very urgent occasions, but in no case more than 
once without our express consent. 



516 NEW JERSEY COLONIAL DOCUMENTS. [170^ 

31. You shall not permit any act or order to pass in 
our said province, whereby the price of value of the 
current coin within your government, (whether it be 
foreign or belonging to our dominions) may be 
altered, without our particular leave or direction for 
the same. 

32. And you are particularly not to pass any law or 
do any act, settlement, or otherwise, whereby our 
revenue, after it shall be settled, may be lessened or 
impaired, without our especial leave or commands 
therein. 

33. You shaU not remit any fines or forfeitures 
whatsoever, above the sum of ten pounds, nor dispose 
of any escheats, fines or forfeitures whatsoever, until 
upon signifying unto our high treasurer, or to our 
commissioners of our treasuiy for the time being, and 
to our commissioners for trade and plantations, the 
nature of the offence and the occasion of such fines, 
forfeitures, or escheats, with the particular sums or 
value thereof, (which you are to do with aU speed) 
you shall have received our directions therein; but you 
may in the mean time suspend the payment of the 
said fines and forfeitures. 

34. You are to require the secretary of our said 
province, or his deputy for the time being, to furnish 
you with transcripts of all such acts and publick orders 
as shall be made from time to time, together with a 
copy of the journals of the council, to the end the 
same may be transmitted unto us, and to our commis- 
sioners for trade and plantations as above directed, 
which he is duly to perform, upon pain of incurring 
the forfeiture of his place. 

35. You are also to require from the clerk of the 
assembly, or other proper officer, transcripts of all the 
journals and other proceedings of the said assembly, 
to the end the same may in like manner be transmitted 
as aforesaid. 



1702] INSTRUCTIONS TO GOVERNOR CORNBURY. 517 

36. Our will and pleasure is, that for the better quiet- 
ing the minds of our good subjects, inhabitants of our 
said province, and for settling the properties and pos- 
sessions of all persons concerned therein, either as 
general proprietors of the soil under the first original 
grant of the said province, made by the late king 
Charles the second, to the late duke of York, or as 
particular purchasers of any parcels of land from the 
said general proprietors, you shall propose to the gen- 
eral assembly of our said province, the passing of such 
act or acts, whereby the right and property of the said 
general proprietors, to the soil of our said province, 
may be confirmed to them, according to their respec- 
tive rights and title; together with all such quit-rents 
as have been reserved, or are or shall become due to 
the said general proprietors, from the inhabitants of 
our said province; and all such privileges as are ex- 
press'd in the cenveyances made by the said duke of 
York, excepting only the right of government, which 
remains in us: And you are further to take care, that 
by the said act or acts so to be passed, the particular 
titles and estates of all the inhabitants of that province 
and other purchasers claiming under the said general 
proprietors, be confirmed and settled as of right does 
appertain, under such obligations as shall tend to the 
best and speediest improvement or cultivation of the 
same. Provided always, that you do not consent to 
any act or acts, to lay any tax upon lands that lie un- 
profitable. 

37. You shall not permit any other person or persons 
besides the said general proprietors, or their agents, to 
purchase any land whatsoever from the Indians within 
the limits of their grant. 

38. You are to permit the surveyors and other per- 
sons appointed by the forementioned general pi-oprie- 
tors of the soil of that province, for surveying and 
recording the surveys of land granted by and held of 



518 NEW JEBSEr COLONIAL DOCUMENTS. [1702 

them, to execute accordingly their respective trusts: 
And you are likewise to permit, and if need be, aid and 
assist such other agent or agents, as shall be appointed 
by the said proprietors for that end, to collect and re- 
ceive the quit-rents which are or shall be due unto 
them, from the particular possessors of any parcels or 
tracts of land from time to time. Provided always, 
that such surveyors, agents or other officers appointed 
by the said general proprietors, do not only take proper 
oaths for the due execution and performance of their 
respective offices or employments, and give good and 
sufficient security for their so doing, but that they like- 
wise take the oaths appointed by act of parliament to 
be taken instead of the oaths of allegiance and su- 
premacy, and the oath mentioned in the aforesaid act, 
entitled, An act to declare the alteration in the oath 
appointed to be taken by the act, entitled. An act for 
the further security of his majesty'^s person and the 
succession of the croiun in the protestant line, and for 
extinguishing the hopes of the pretended prince of 
Wales, and all other pretenders, and their open and 
secret abettors, and for declaring the association to be 
determined; as also the forementioned test. And you 
are more particularly to take care that all lands pur- 
chased from the said proprietors, be cultivated and im- 
proved by the possessors thereof. 

39. You shall transmit unto us, and to our commis- 
sioners for trade and plantations, by the first oppoi- 
tunity, a map with the exact description of our whole 
territory under your government, and of the several 
plantations that are upon it. 

40. You are likewise to send a list of officers em- 
ployed under your government, together with all pub- 
Uck charges. 

41. You shall not displace any of the judges, justices, 
sheriffs, or other officers or ministers within our said 
province, without good and sufficient cause to be signi- 



11702] INSTRUCTIONS TO GOVERNOR CORNBURY. 519 

fied unto us, and to our said commissioners for trade 
and plantations; and to prevent arbitrary removal of 
judges and justices of the peace, you shall not express 
any limitation of time in the commissions which you 
are to grant, with the advice and consent of the coun- 
cil of our said province, to persons fit for those em- 
ployments, nor shall you execute yourself, or by deputy 
any of the said offices, nor suffer any persons to execute 
more offices than one by deputy. 

42. Whereas we are given to understand, that there 
are several offices within our said province granted 
under the great seal of England, and that our service 
may be very much prejudiced by reason of the absence 
of the patentees, and by their appointing deputies not 
fit to officiate in their stead; you are therefore to in- 
spect the said offices, and to inquire into the capacity 
and behaviour of the persons now exercising them, 
and to report 'thereupon to us, and to our commission- 
ers for trade and plantations, what you tnink fit to be 
done or altered in relation thereunto; and you are upon 
the misbehaviour of any of the said patentees, or their 
deputies, to suspend them from the execution of their 
places, till you shall have represented the whole mat- 
ter and received our directions therein; but you shall 
not by colour of any power or authority hereby or 
otherwise granted or mentioned to be granted unto 
you, take upon you to give, gi-ant or dispose of any 
office or place within our said province, which now is 
or shall be granted under the great seal of England, 
any further than that you may upon the vacancy of 
any such office or place, or suspension of any such 
officer by you as aforesaid, put in any fit person to 
officiate in the intei-val till you shall have represented 
the matter unto us, and to our commissioners for trade 
and plantations as aforesaid, (which you are to by the 
first opportunity) and till the said office or place be dis- 
posed of by us, our heirs or successors, under the great 



520 NEW JERSEY COLONIAL DOCUMENTS. [1702 

seal of England, or that our further directions be given 
therein. 

43. In case any goods, money, or other estate of 
pirates, or piratically taken, shaU be brought in, or 
found within our said province of Nova-Caesaria, or 
New-Jersey, or taken on board any ships or vessels, 
you are to cause the same to be seized and secured 
until you shall have given us an account thereof, and 
received our pleasure concerning the disposal of the 
same: But in case such goods or any part of them are 
perishable, the same shall be publickly sold and dis- 
posed of, and the produce thereof in like manner se- 
cured until our further order. 

44. And whereas commissions have been granted 
unto several persons in our respective plantations in 
America, for the trying of pirates in those parts pur- 
suant to the act for the more effectual suppression of 
piracy, and by a commission already sent to our prov- 
ince of New- York, you (as captain general and gov- 
ernor in chief of our said province of New- York) are 
empowered, together with others therein mentioned, 
to proceed accordingly in reference to our provinces of 
New- York, New- Jersey, and Connecticut; our will 
and pleasure is, that in all matters relating to pirates, 
you govern yourself according to the intent of the act 
and commission aforementioned; but whereas access- 
aries in cases of piracy beyond the seas, are by the same 
act left to be tried in England, according to the stature 
of the second of king Henry the eighth, we do hereby 
further direct and require you to send all such access- 
aries in cases of piracy in our aforesaid province of 
Nova-Caesaria or New- Jersey, with the proper evidences 
that you may have against them, into England, in 
order to their being tried here. 

45. You shall not erect any court or office of judica- 
ture, not before erected or established, without our es- 
pecial order. 



1702] INSTRUCTIONS TO GOVERNOR CORNBURY. 521 

46. You are to transmit unto us and to our commis- 
sioners for trade and plantation, with all convenient 
speed, a particular account of all establishment of 
jurisdictions, courts, offices, and officers, powers, au- 
thorities, fees and priviledges, which shall be granted 
or settled within the said province, by virtue and in 
pursuance of our commission and instructions to you 
our captain general and governor in chief of the same, to 
the end you may receive our further direction therein. 

47. And you are with the advice and consent of our 
said council, to take especial care to regulate all sala- 
ries and fees belonging to places, or paid upon emer- 
gencies, that they be within the bounds of moderation, 
and that no exaction be made on any occasion whatso- 
ever; as also, that tables of all fees be pubfickly hung 
up in all places where such fees are to be paid; and 
you are to transmit copies of all such tables of fees to 
us, and to our commissioners for trade and plantations 
as aforesaid. 

48. Whereas it is necessary that our rights and dues 
be preserved and recovered, and that speedy and effec- 
tual justice be administered in all cases relating to our 
revenue; you are to take care, that a court of exchequer 
be called and do meet at all such times as shall be need- 
ful, and you are to inform us and our commissioners 
for trade and plantations, whether our service may re- 
quire that a constant court of exchequer be settled and 
established there. 

49. You are to take care that no man's Ufe, member, 
freehold, or goods be taken away or harmed in our 
said province, otherwise than by established and 
known laws, nor repugnant to, but as much as may 
be, agreeable to the laws of England, 

50. You shall administer, or cause to be administred 
the oaths appointed by act of parliament to be taken 
instead of the oaths of allegiance and supremacy, and 
the oath mentioned in the aforesaid act, entitled, An 



522 NEW JERSEY COLONIAL DOCUMENTS. [1702 

act to declare the alteration in the oath appointed to 
he taken by the act, entitled, An act for the further 
security of his majesty's person, and the succession of 
the crown in the protestant line, and for extinguishing 
the hopes of the pretended prince of Wales, and all 
other pretenders, and their open and secret abettors, 
and for declaring the association to be determined; as 
also the f orementioned test, to the members and offi- 
cers of the council and assembly, and to all judges, 
justices, and all other persons that hold any office or 
place of trust or profit in the said province, whether by 
virtue of any patent under our great seal of England, 
or otherwise, without which you are not to admit any 
person whatsoever into any pubHck office, nor sulfer 
those who Tiave been admitted formerly to continue 
therein. 

51, You are to permit a liberty of conscience to all 
persons (except papists) so they may be contented with 
a quiet and peaceable enjoyment of the same, not giv- 
ing offence or, scandal to the government. 

52. And whereas we have been informed, that divers 
of our good subjects inhabiting those parts, do make a 
religious scruple of swearing, and by reason of their 
refusing to take an oath in courts of justice and other 
places, are or may be liable to many inconveniences; 
our will and pleasure is, that in order to their ease in 
what they conceive to be matter of conscience, so far 
as may be consistent with good order and government, 
you take care, that an act be passed in the general as- 
sembly of our said province, to the like effect as that 
passed here in the seventh and eighth years of his 
majesty's reign, entitled, An act, that the solemn 
affirmation and declaration of the people called 
Quakers, shall be accepted, instead of an oath in the 
usual form, and that the same be transmitted to us, and 
to our commissioners for trade and plantations as 
before directed. 



702] IliTSTRUCTlONS TO GOVERNOR CORNBURY. 523 

53. And whereas we have been further informed, 
hat in the first settlement of the government of our 
aid province, it may so happen, that the number of 
nhabitants fitly qualified to serve in our council in 
he general assembly, and in other places of trust or 
rofit there, will be but small; it is therefore our will 

and pleasure, that such of the said people called 
quakers, as shall be found capable of any of those 
places or employments, and accordingly be elected or 
appointed to serve therein, may upon their taking and 
signing the declaration of allegiance, to us in the form 
used by the same people here in England, together 
with a solemn declaration for true discharge of their 
respective trusts, be admitted by you into any of the 
said places or employments. 

54. You shall send an account unto us, and to our 
commissioners for trade and plantations, of the pres- 
ent number of planters and inhabitants, men, women 
and children, as well masters as servants, free and un- 
f ree, and of the slaves in our said province, as also a 
yearly account of the increase or decrease of them, 
and how many of them are fit to bear arms in the 
militia of our said province. 

55. You shall cause an account to be kept of all per- 
sons born, christened and buried, and you shall yearly 
send fair abstracts thereof to us, and to our commis- 
sioners for trade and plantations as aforesaid. 

o(y. You shall take care, that all planters and chris- 
tian servants, be well and fitly provided with arms, 
and that they be listed under good officers, and when 
and as often as shall be thought fit, mustered and 
trained, whereby they may be in a better readiness for 
the defence of our said province under your govern- 
ment; and you are to endeavour to get an act pass'd, 
(if not already done) for apportioning the number of 
white servants to be kept by every planter. 

57. You are to take especial care, that neither the 



524 NEW JERSEY COLONIAL DOCUMENTS. [1702 

frequency, nor unreasonableness of their marches, 
musters and trainings, be an unnecessary impediment 
to the affairs of the inhabitants. 

58. You shall not, upon any occasion whatsoever, 
estabhsh, or put in execution, any articles of war, or j 
other law martial, upon any of our subjects, inhabit- ' 
ants of our said province, without the advice and con- 
sent of our comicil there. 

59. And whereas there is no power given you by 
your commission, to execute martial law in time of 
peace upon soldiers in pay, and that nevertheless it 
may be necessary that some care be taken for the keep- 
ing of good disciphne amongst those, that we may at 
any time think fit to send into our said province, 
(which may properly be provided for by the legislative 
power of the same) you are therefore to recommend to 
the general assembly of our said province, that they pre- 
pare such act or law for the punishing of mutiny, 
desertion and false musters, and for the better preserv- 
ing of good discipline amongst the said soldiers, as may 
best answer those ends. 

60. And whereas upon complaints that have been 
made of the irregular proceedings of the captains of 
some of our ships of war, in the pressing of seamen 
in several of our plantations; we have thought fit to 
order, and having given directions to our high admiral 
accordingly, that when any captain or commander of 
any of our ships of war, in any of our said plantations 
shall have occasion for seaman, to serve on board our 
ships under their command, they do make their appli- 
cation to the governors, and commanders in chief of 
plantations respectively, to whom as vice admirals, we 
are pleased to commit the sole power of impressing 
seaman in any of our plantations in America, or in 
sight of any of them, you are therefore hereby re- 
quired upon such application made to you, by any of 
the commanders of our said ships of war within our 



1702] INSTRUCTIONS TO GOVERNOR CORNBURY. 525 

province of Nova-Csesaria, or New-Jersey, to take care 
that our said ships of war, be furnished with a num- 
ber of seaman that may be necessary for our service on 
board them from time to time. 

61. And whereas together with other powers of vice 
admiralty you will receive authority from our dearest 
husband prince George of Denmark, our high admiral 
of England, and of our plantations, uj^on the refusal 
or neglect of any captain or commander of any of our 
ships of war, to execute the written orders he shall re- 
ceive from you for our service of our province under 
your government, or upon his negligent or undue ex- 
ecution thereof, to suspend him, such captain or com- 
mande from the exercise of his said office of captain 
or commander, and to commit him into safe custody 
either on board his own ship or elsewhere, at yoiu* dis- 
cretion, in order to his being brought to answer for 
such refusal or neglect, by commission either under 
our great seal of England, or from our high admiral, 
or our commissioners for executing the office of our 
high admiral of England for the time being. 

62. And whereas you will likewise receive directions 
from our said dearest husband, as our high admiral of 
England, and of our plantations, that the captain or 
commander, so by you suspended, shall during such 
his suspension and commitment, be succeeded in his 
said office by such commission or warrant officer of 
our said ship, appointed by our said high admiral of 
England, or by our commissioners for executing the 
office of our high admiral of England for the time 
being, as by the known practice and discipHne of our 
navy, does and ought to succeed him next as in case of 
death, sickness, or other ordinary disability happening 
to the commander of any of our ships of war and not 
otherwise, you standing also accountable for the truth 
and importance of the crime and misdemeanor, foi- 
which you shall so proceed to the suspending of such 



526 NEW JERSEY COLOKIAL DOCUMENTS. [1702 

our captain or commander; you are not to exercise the 
said power of suspending any such captains or com- 
manders of our ships of war, otherwise than by virtue 
of such commission or authority from our said high 
admiral; any former custom or usage to the contrary 
notwithstanding. 

63. Whereas it is absolutely necessary, that we be 
exactly informed of the state of defence of all of our 
plantations in America, as well in relation to the stores 
of war that are in each plantation, as to the forts and 
fortifications there, and what more may be necessary 
to be built for the defence and security of the same; 
you are so soon as possible, to prepare an account 
thereof, with relation to our said province of Nova- 
Ca3saria, or New-Jersey, in the most particular man- 
ner, and you are therein to express the present state of 
the arms, ammunition, and other stores of war, either 
in any publick magazines, or in the hands of private 
persons, together with the state of all places either al- 
ready fortified, or that you judge necessary to be for- 
tified, for the security of our said province; and you; 
are to transmit the said account to us, and to our com- 
missioners for trade and plantations by the first op- 
portunity, and other like accounts yearly in the same 
manner. 

64. And that we may be the better informed of the 
trade of our said province, you are to take especial 
care, that due entries be made in all ports in our said 
province of all goods and commodities, their species 
or quantities imported or exported from thence, with 
the names, burden, and guns of all ships importing 
and exportmg the same, also the names of their com- 
manders, and likewise expressing from and to w^hat 
places the said ships do come and go, a copy whereof 
the naval officer is to furnish you with, and you are 
to transmit the same unto us. or our high treasurer, 
or our commissioners of our treasury for the time 



1702] INSTRUCTIONS TO GOVERNOR CORNBURY. 527 

being, and to our commissioners for trade and planta- 
tions quarterly, and duplicates thereof by the next 
conveyance. 

65. And w^hereas great losses have been sustained by 
our subjects, trading to our plantations in America, by 
ships sailing from those parts without convoy, or with- 
out the company of other ships, which might protect 
them from our enemies, by which means many of 
them have been taken by the French in their return to 
England; to the end therefore the ships of our subjects 
may be the better secured in their return home, you 
are to take care that during this time of war, no ships 
trading to our province of Nova Caesaria, or New-Jer- 
sey, be permitted to come from thence to England, 
but in fleets, or under the convoy or protection of 
some of our ships of war, or at such a time as you 
shall receive notice from hence, of their meeting such 
convoys, as may be appointed for the bringing them 
safe to some of our ports in this kingdom; and incase 
of any danger, you are to expect directions from hence, 
what precautions shall be further necessary for their 
security. 

Q6. You are likevsdse to examine what rates and 
duties are charged and payable upon any goods im- 
ported or exported within our province of Nova-Csesaria, 
or New- Jersey, w^hether of the growth or manufacture 
of the said province or otherwise, and to use your best 
endeavom'S for the improvement of the trade in those 
parts. 

67. And whereas orders have been given for the 
commissionating of fit persons to be officers of our 
admiralty and customs in our several plantations in 
America; and it is of great importance to the trade of 
this kingdom, and to the welfare of all our plantations, 
that illegal trade be every where discouraged. You 
are therefor to take especial care, that the acts of trade 
and navigation be duly put in execution; and in order 



528 NEW JERSEY COLONIAL DOCUMENTS. [1702 

thereunto, you are to give constant protection and alt 
encouragement to the said officers of our admiralty 
and customs, in the execution of their respective offices. 
and trusts within our territories under your govern- 
ment. 

68. You are from time to time to give an account as 
before directed, what strength your bordering neigh- 
bours have, be they Indians or others, by sea and land, 
and of the condition of their plantations, and what 
correspondence you do keep with them. 

69. You shall take especial care, that God Almighty 
be devoutly and duly served throughout your govern- 
ment, the book of common prayer as by law estab- 
lished, read each Sunday, and holy-day, and the blessed 
sacrament administered according to the rites of the 
church of England. 

70. You shall be careful that the churches already 
built there, be well and orderly kept, and that more 
be built, as the colony shall by God's blessing be im- 
proved; and that besides a competent maintenance to 
be assigned to the minister of each orthodox church, 
a convenient house be built at the common charge for 
each minister, and a competent proportion of land 
assigned to him, for a glebe and exercise of his in- 
dustry. 

71. And you are to take care, that the parishes be 
so limited and settled, as you shall find most conve- 
nient for the accomplishing this good work. 

72. You are not to prefer any minister to any eccle- 
siastical benefice in that our province, without a cer- 
tificate from the right reverend father in God the lord 
bishop of London, of his being conformable to the doc- 
trine and disciphne of the church of England, and of a 
good life and conversation: And if any person already 
prefer'd to a benefice, shall ai3pear to you to give scan- 
dal either by his doctrine or manners, you are to use 
the best means for the removal of him, and to supj^ly 
the vacancy in such manner as we have directed. 



1702] INSTRUCTIONS TO GOVERNOR CORNBURY. 529 

T3. You are to give order, that every orthodox min- 
ister within your government, be one of the vestry in 
his respective parish, and that no vestry be held w^ith- 
out him, except in case of sickness, or that after the 
notice of a vestry summon'd, he omit to come. 

74. You are to enquire vi^hether there be any min 
ister within your government, who preaches and ad- 
ministers the sacrament in any orthodox church or 
chapel, without being in due orders, and to give ac- 
count thereof to the said lord bishop of London. 

75. And to the end the ecclesiastical jurisdiction of 
the said lord bishop of London, may take place in our 
said province so far as conveniently may be, we do 
think fit that you give all countenance and encourage- 
ment to the exercise of the same, excepting only the 
collating to benefices, granting licenses for mai-riages, 
and probate of wills, which we have reserved to you 
our governor and the commander in chief of our said 
province for the time being. 

76. And you are to take especial care, that a table of 
marriages established by the cannons of the church of 
England, be hung up in every orthodox church, and 
duly observed, and you are to endeavour to get a law 
passed in the assembly of our said province, (if not al 
ready done) for the strict observation of the said 
table. 

77. You are to take care, that drunkenness and 
debauchery, swearing and blasphemy, be discounte- 
nanced and punished: And for the further discounte- 
nance of vice, and encouragement of virtue and good 
living, (that by such example the infidels may be in- 
vited and desire to partake of the christian religion) 
you are not to admit any person to publick trusts and 
employments in our said province under your govern- 
ment, whose ill fame and conversation may occasion 
scandal. 

78. You are to suppress the ingrossing of commodi- 
35 



i 



530 NEW JERSEY COLONIAL DOCUMENTS. [1702 

ties as tending to the prejudice of that freedom which 
commerce and trade ought to have, and to settle such 
orders and regulations therein, with the advice of the 
council, as may be most conduce to the benefit and im- 
provement of that colony. 

70. You are to give all due encouragement and invi- 
tation to merchants and others, who shall bring trade 
unto our said province, or any way contribute to the 
advantage thereof, and in particulai- the royal African 
company of England. 

80. And whereas we are willing to recommend unto 
the said company, that the said province may have a 
constant and sufficient supply of merchantable Negroes, 
at moderate rates, in money or commodities; so you 
are to take especial care, that payment be duly made, 
and within a competent time according to their agree- 
ments. 

81. And you are to take care, that there be no 
trading from our said province to any place in Africa, 
within the charter of the royal African company, 
otherwise then prescribed by an act of parhament, en- 
titled. An act to settle the trade of Africa. 

82. And you are yearly to give unto us, and to our 
commissioners for trade and plantations, an account of 
what number of Negroes our said province is yearly 
supplyed with, and at what rates. 

83. You are likewise from time to time, to give unto 
us, and to our commissioners for trade and plantations 
as aforesaid, an account of the wants and defects of 
our said province, what are the chief products thereof, 
what new imj^rovements are made therein by the in- 
dustry of the inhabitants or planters, and what further 
improvements you conceive may be made, or advan- 
tages gained by trade, and m what manner we may 
best advance the same. 

84. You are not to grant commissions of marque or 
reprisals, against any prince or state, or their subjects 



1702] INSTRUCTIONS TO GOVERNOR CORNBURY. 531 

in amity with us, to any person whatsoever, without 
our especial command. 

85. Our will and pleasure, that appeals be made in 
cases of error from the courts in our said province of 
Nova-Caesaria, or New-Jersey, unto you and the coun- 
cil there; and in your absence from our said province, 
to our commander in chief for the time being, and our 
said council, in civil causes, wherein such of our said 
council as shall be at that time judges of the court 
from whence such appeal shall be made to you our 
governor, and council, or to the commander in chief 
for the time being, and council as aforesaid, shall not 
be admitted to vote upon the said appeal, but they may 
nevertheless be present at the hearing thereof, to give 
the reasons of the judgment given by them, in the 
cause wherein such appeal shall be made. Provided 
NEVERTHELESS, that ill all such appeals, the sum or 
value appealed for exceed one hundred pounds sterling 
and that security be first duly given by the appellant 
to answer such charges as shall be awarded in case the 
first sentence be affirmed. 

S6. And if either party shall not rest satisfied with 
the judgment of you, or the commander in chief for 
the time being, and council as aforesaid; our will and 
pleasure is, that they may then appeal unto us, in our 
privy council, provided the sum or value so appealed 
for unto us, do exceed two hundred pounds sterling, 
and that such aj^peal be made within fourteen days 
after sentence; and that good security be given by the 
appellant, that he will effectually prosecute the same, 
and answer the condenmation, as also pay such costs 
and damages as shall be awarded by us, in case the 
sentence of you, or the commander in chief for the 
time being, and council, be affirmed: And provided 
also, that execution be not suspended by reason of any 
such appeal to us. 

87. You are also to permit appeals to us in council, 



532 NEAV JERSEY COLONIAL DOCUMENTS. [1702 

in all cases of fines imposed for misdemeanors; pro- 
vided the fines so imposed, amount to or exceed the 
value of two hundred pounds, the appellant first giving 
good security, that he will effectually prosecute the 
same, and answer the condemnation, if the sentence 
by which such fine was imposed in our said province 
of Nova-Csesaria, or New-Jersey, shall be confirmed. 
S8. You are for the better administration of justice, 
to endeavour to get a law passed (if not already done) 
wherein shall be set the value of the men's estates, either 
in goods or lands, under which they shall not be capable 
of serving as jurors. 

89. You shall endeavour to get a law pass'd for the 
restraining of any inhuman severity, which by ill mas- 
ters or overseers may be used towards their christian 
servants, and their slaves, and that jDrovision be made 
therein, that the wilful killing of Indians and Negroes 
may be punished with death, and that a fit penalty be 
imposed for the maiming of them. 

90. You are also with the assistance of the council 
and assembly, to find out the best means to facilitate 
and encourage the conversion of Negroes and- Indians, 
to the christian religion. 

91. You are to endeavour with the assistance of the 
council to provide for the raising of stocks, and build- 
ing of public work-houses, in convenient places for the 
employing of poor and indigent people. 

92. You are to propose an act to be passed in the 
assembly, whereby the creditors of persons becoming- 
bankrupts in England, and having estates in our 
aforesaid province of New- Jersey, may be relieved and 
satisfied for the debts owing to them. 

93. You are to encourage the Indians upon all occa- 
sions, so as they may apply themselves to the English 
trade and nation, rather than to any other of Europe. 

94. And whereas the preservation of the northern 
frontiers of our province of New-York, against the at- 



1702] IISrSTRUCTIONS TO fiOVERXOR COKXBURY. 533 

tempts of any enemy by land, is of great importance 
to the security of our northern plantations on the con- 
tinent of America, and more especially of our said 
province of New-Jersey, which lies so near adjoining 
to our province of New- York, and the charge of erect- 
ing and repairing the fortifications, and of maintain- 
ing the soldiers necessary for the defence of the same, 
is too great to be borne by the single province of New 
York, without contributions fi"om others concerned 
therein, for which reason, we have upon several occa- 
sions, required such contributions to be made, and ac- 
cordingly settled a quota to regulate the propoi-tions 
thereof; you are therefore to take further care, to dis- 
pose the general assembly of our said province of New 
Jersey, to the raising of such other supplies, as are or 
may be necessary for the defence of our province of 
New- York, according to the signification of our will and 
pleasure therein, which has already been made to the 
inhabitants of New- Jersey, or which shall at any time 
hereafter be made to you our governor, or to the 
commander in chief of our said province for the time 
being. 

95. And in case of any distress of any of our plan- 
tations, you shall upon appHcation of the respective 
governors to you, assist them with what aid the con- 
dition and safety of your government will permit, and 
more particularly in case om* province of New- York, 
be at any time attacked by an enemy, the assistance 
you are to contribute towards the defence thereof, 
whether in men or money, is according to the fore- 
mentioned quota or repartition, which has already 
been signified to the inhabitants of our foresaid prov- 
ince under your government, or according to such 
other regulations as we shall hereafter make in that 
behalf, and signify to you or the commander in chief 
of our said province for the time being. 

90. And for the greater security of our province of 



534 KEW JERSEY COLOKIAL DOCUMENTS. [1703 

New- Jersey, you are to appoint fit officers and com- 
manders in the several parts of the country bordering 
upon the Indians, who upon any invasion may raise 
men and arms to oppose them, until they shall receive 
your directions therein. 

97. And whereas we have been pleased by our com- 
mission to direct, that in case of your death or absence 
from our said province, and in case there be at that 
time no person upon the place commissionated or ap- 
pointed by us to be our lieutenant governor, or com- 
mander in chief, the then present council of our said 
province, shall take upon them the admmistration of 
the government, and execute our said commission, and 
the several powers and authorities therein contained 
in the manner therein directed; it is nevertheless our 
express will and pleasure, that in such case the said 
council shall forbear to pass any acts, but what are im- 
mediately necessary for the peace and welfare of our 
said province, without our particular order for that 
purpose. 

98. You are to take care, that all writs be issued in 
our name throughout our said province. 

98. Forasmuch as great inconveniences may arise by 
the liberty of printing in our said province, you are to 
provide by all necessary orders, that no person keep 
any press for printing, nor that any book, pamphlet 
or other matters whatsoever be printed without your 
especial leave and hcense first obtained. 

100. And if anything shall happen that may be of 
advantage and security to our said province, which is 
not herein, or by our commission to you provided for, 
we do hereby allow unto you, with the advice and con- 
sent of our council of our said province, to take order 
for the present therein, giving unto us by one of our 
principal secretary's of state, and to our commissioners 
for trade and plantations, speedy notice thereof, that 
so you may receive our ratification if we shall approve 
of the same. 



1702] INSTRUCTIONS TO GOVERNOR CORNBURY. 535 

101. Provided always, that you do not by any 
colour of any power or authority hereby given you, 
commence or declare war, without our knowledge and 
particular commands therein, except it be againt In- 
dians, upon emergencies, wherein the consent of our 
council shaU be had, and speedy notice given thereof 
unto us as aforesaid. 

102. And you are upon all occasions to send unto us 
by one of our principal secretary's of state, and to our 
commissioners for trade and plantations, a particular 
account of all your proceedings, and of the condition 
of affairs within your government. 

103. 'And whereas the lords spiritual and temporal in 
parliament, upon consideration of the great abuses prac- 
tised in the plantation trade, did by an humble address 
represent to his late majesty, the great importance it 
is of, both to this our kingdom and to our plantations 
in America, that the many good laws which have been 
made for the government of the said plantations, and 
particularly the act passed in the seventh and eighth 
years of his said majesty's reign, An act for preventing 
frauds, and regulating abuses in the plantation trade, 
be strictly observed. You are therefore to take notice 
that whereas notwithstanding the many good laws 
made from time to time, for preventing frauds in the 
plantation trade, it is nevertheless manifest, that very 
great abuses have been and continue still to be prac- 
tised to the prejudice of the same, which abuses must 
needs arise, either from the insolvency of the persons 
who are accepted for the security or from the remiss- 
ness or connivance of such as have been, or are gov- 
ernors in the several plantations, who ought to take 
care, that those persons who give bond should be duly 



1 As printed in Grants and Concessions, from an attested copy in the Office of the 
Lords Commissioners for Trade and Plantations at Wliitehall, made in 1747, tlie 
sections after No. 53 are without numbers.— Ed. 



536 NEW JERSEY COLONIAL DOCUMENTS. [1702 

prosecuted, in case of non performance; we take the 
good of our plantations and the improvement of the 
trade thereof, by a strict and punctual observance of 
the several laws in force concerning the same, to be 
of so great importance to the benefit of this our king- 
dom, and to the advancing of the duties of our cus- 
toms here, that if we shall be hereafter informed, that 
at any time there shall be any failure in the due ob- 
sei'vance of those laws, within our foresaid province of 
Nova-Caesaria, or New-Jersey, by any wilful fault or 
neglect on your part, we shall look upon it as a breach 
of trust reposed in you by us, which we shall punish 
with the loss of your place in that government, and 
such further marks of our displeasure, as we shall 
judge reasonable to be inflicted upon you, for your 
offence against us, in a matter of this consequence, 
that we now so particularly charge you with. 



Lord Cornbury to the Lords of Trade. 

[From N. Y. Col. Doc'ts., Vol. IV., p 1021.] 

To the R* Hon'''® the Lords Commissioners for 
Trade and Plantations. 

My Lords. 

Though I dispatcht the Benjamin on the 14 Instant 
yet the South-westerly Winds have detained her here 
still: Therefore I take this opportunity to inform your 
Lordships that this afternoon I received information 
from East Jersey, that Coll Andrew Hamilton has very 
lately held a Meeting or Assembly in East Jersey 
which he calls the Governour of East and West New 
Jersey assembled in Councill.' In this Councill, so 

1 Probably a meeting- of the Council of Pi-oprietors.— Ed. 



1703] governor's salary to be secured. 537 

termed he has thought fit to receive several petitions 
and to make several orders upon them. He has ordered 
a tract of land to be assigned to Lewis Morris Esq: in 
consideration of his Services when in England. And 
he has ordered that the Quit Eents due by the said 
Morris to the proprietors for several tracts of land be 
allowed him. This is as far as my information goes, 
which I thought myself obliged to inform your Lord- 
ships of. I am told in a day or two, I shall have a full 
account of the whole matter with the names of the 
persons present. If this ship is not sailed before that 
time, I shall acquaint you with what further informa- 
tion I receive, I am 

My Lords; Your Lordships most 

faithfull humble Servant 

CORNBURY 

New York 
Deer the 21, 1702. 



Queen Anne to Lord Cornhury and the Council of 
New Jersey, relating to the Governor's Salary. 

[From P. R. O. B. T. New Jersey, No, 12, p. 130.] 

T<^ Our Right Trusty and Well-beloved Edward 
Lord Cornbury Our Captain Greneral and Gov- 
ernour in Cheif of Our Province of Nova Citb- 
saria or New Jersey in America and to Our 
Councill of Our said Province. Or to the Com- 
mander in Cheif and Councill ol' oui- said 
Province for the time l)eing. 
Annk R. 

Right Trusty and Wellbeloved We greet you well; 
Whereas We have appointed you Our Governour in 



538 NEW JERSEY COLONIAL DOCUMEKTS. [1703 

Chief of Our Province of New- Jersey in America: 
And there being no Provision made (as We yet under- 
stand) for the support of yourself or of the Governor 
or Lieutenant Governor of the said Province for the 
time being, We do hereby signify to You Our Royal 
Will and Pleasure, that at the first Meeting of the As- 
sembly after the Receipt hereof, you do acquaint them 
with Our Expectation that in regard of Our receiving 
Our good Subjects of that Province under Our imme- 
diate Protection and Government they do forthwith 
settle a Constant and fixt Allowance on You Our Gov- 
ernour and our Governour and Lieutenant Governour 
for the tiine being, suitable to their respective Charac- 
ters and Dignity, and that the same be done without 
Limitation of time. 

In consideration whereof We are hereby pleased to 
direct that neither you Our Governour, noi' any Gov- 
ernour, Lieutenant Governour Commander in Cheif, 
or President of the Councill of Our said Province for 
the time being, do give your or their Consent to the 
passing any Law or Act for any Gift or Present to be 
made to you or them by the Assembly, and that neither 
you nor they do receive any Gift or Present from the 
Assembly, or others, on any Account, or m any man- 
ner whatsoever, upon pain of Our Highest Displeasure 
And of being recalled from that our Government: 

And we do further direct and require that this 
Declaration of Our Royal Will and Pleasure be com- 
muicated to the Assembly at their first Meeting after 
your Receipt hereof and Entred in the Registers of 
Our Council & Assembly, that all persons whom it 
may concern may govern themselves accordingly. So 
We bid you farewell. Given at Our Court at S* James's 
the 20*'' day of April ITOB in the S'' year of Our Reign. 
By her Maj'"" Command 

Nottingham. 



1703] CIRCULAR ABOUT PLANTATION MATTERS. 539 



Lords of Trade to Lord Cornhury and other Gov- 
ernors of Plantations. 

[From P. R. O. B. T. Plantations General, C. No. 32, page 244. J 

Circular Letter to the Governors of all lier Majes- 
ty's Plantations in America relating to Courts 
of Justice. 

Whereas frequent Complaints have been made to 
Us of great Delays & undue proceedings in the Courts 
of justice in Several of her Majesty's Plantations 
whereby many of her Majesty's Subjects have very 
much Suffered And it being of the gTeatest Import- 
ance to her Maj'^f Service, and to the Welfare of the 
Plantations, that justice be every where Speedily and 
duly Administred, and that all disorders, Delays and 
other undue Practices in the Administration thereof 
be effectually prevented; We have thought necessary 
to recommend to You as We do to the Several Govern- 
ors of other her Majesty's Plantations in respect of their 
Government that in the Courts of Her Majesty's 

of under youi* Government where 

you are Authorized to preside, You take care that Jus- 
tice be impartially administred, and that as well there 
as in all other Courts established within her Majesty's 
said of all Judges & other persons 

therein concerned do likewise perform their Several 
Duties without any Delay or Partiality. 

And whereas we are informed that there is great 
want of an especial Court for determining of Small 
Causes We do think it for her Majesty's Service that 
you recommend to the Assembly of the said 
of the passing a Law for the Constituting 

such Coui-t or Comets, which may be for the Ease of 
her Majesty's Subjects. 



540 NEW JERSEY COLONIAL DOCUMENTS. [170J 

We further require you to take care that an exact 
Account be transmitted to Us by every Conveyance of 
the Causes which have been dispatched, and those 
which remain depending, and in General an Abstract 
of all proceedings in the several Courts of Justice, 
within your said Government So We bid you heartily 
farewell 

Your very loving Friends 
W"? Blathwayt Weymouth 

John PoUexfen Dartmouth 

Mat: Prior Rob: Cecill 

Ph: Meadows 

Whitehall | 

April 20^!' 1703 ) 

Memorandum. This was writ, mutatis, mutandis to 
the Governours of Barbadoes Leeward Islands Jamaica 
Bermuda Virginia Maryland New York New Jersey 
Massachusetts Bay New Hampshire. 



From the Council of East Jersey to Lord Cornbnry, 
announcing the death of Governor Andreiv Ham- 
ilton. 

[From East Jersey Under the Proprietary Governments, 2d Ed., page 228.] 

May it please your Excellencie. 

To y' great griefe of us & of y' better part of this 
province it Pleased Almighty God to take to himself 
Our Late Worthy Governor Co" Andrew Hamilton 
who departed this hfe On r 26^1^ of this Instant; A 
person whose good Character is not unknown to your 
Excellencie. Wee being of y'' Council of this prov- 
ince do (as in duty bound) humbly Represent the same 
to your Excellencie. Hoping y^ your Excellencies 
favourable assistance & support for j' preservation of 
the public peace will not be wanting to us, untill your 



L703J NEW Jersey's quota for defence of new york. 541 

Excellencies Commission do ai'rive which wee do 
heartily desire may be Spediely; Your Excellencies 
prudent administration in your Government of New 
York giving us assurance of happiness under your Ex- 
cellencies Conduct 

We are May it please your Excellencies 

most obedient Servants 
East New Jersey Perth Aniboy 
29"' April 1703 

L Morris. 
John Bishop W" Pinhorne 

Sam^ Downes Sam'- Hale 

For his Excellencie Edward Lord Viscount Cornbury 
Governour of His Maj"''* province of New York 
and Dependancies. 



Lords of Trade to Lord Cornbury, about the Quota of 
New Jersey for the defence of New York. 

[From P. R. O. B. T. New Jersey, Vol. 12, p 132.] 

To the Right Hon**!*^ the Lord Cornbury. 

My Lord 

Her Majesty having been pleased to direct us to re- 
new the Orders which have been formerly given to 
Several Governours and Proprietors of Plantations re- 
lating to the Assistance to be by them contributed 
towards the charge of maintaining and erecting Forts 
necessary for the Security and Defence of the Province 
of New York, in the Repartition whereof the sum re- 
quired to be furnished by the Provinces of East and 
West Jersey was for each of them Two hundred and 
Fifty Pounds Sterling, And the said Provinces being 
now united, and by her Majesty's Commission put 



under your Government; But no advance having bee« 
hitherto made there tovt^ards a Comphance with thi 
Directions which were given by his late Majesty to tW 
Earl of Bellomont dated the 19"- of January ITOO-I; Wi 
do here inclose a Copy of his Majesty's said Letter anc 
further signify to your Lordship her Majesty's pleasure: 
that You use your Utmost Endeavours with the Couni- 
cil and Assembly of New Jersey to induce them to aii 
effectual compliance with the Foresaid Directions, in 
raising and remitting to New York the Sum'e of Five 
hundred Pounds Sterling as formerly required toward^;! 
the Charge necessary far the Security of that Province; 
And your Lordship is thereupon to give us an Account I 
of Your Proceedings and Success in this Service. We 
are My Lord 

Your Lordships 

Humble Servants 
Bob* Cecill 
Ph: Meadows 
Whitehall W!^ Blathwayt 

May the 21: 1703. Jl" PoUexfen 

Mat: Prior 



Lord Cornhury to the Lords of Trade. 

[From New York Col. Docts., Vol. IV.. p 1044.1 

To the Right Hon^^® the Lords Commissioners for 
Trade and Plantations. 

My Lords 

On the 3*^ of April last I received a Packet from your 
Lordships, with several Proclamations inclosed, direct- 
ing a publick day of thanksgiving to be observed in 
England, upon occasion of the great and glorious suc- 
cess of Her Majesty's Armes, and your direction for 



1703] DAY OF THANKSGIVING ORDERED. 543 

I • 

^observing a day of publick Thanksgiving here in this 
^province and New Jersey. In pursuance of your 
n Lordship's commands, I issued a proclam'" directing the 
' 15 day of April to be observed throughout this prov- 
' ince, v^^hich was strictly observed. I likewise wrote to 
some of the Gentlemen of New Jersey, who have 
acted as Justices of peace in the time of the proprie- 
tary Governm*, to take care that a day of thanksgiving 
should be observed in that province; but I did not 
think it proper to issue a Proclamation there, because 
my Commiss" for that Govern* is not yet come, and I 
was doubtful whether that people (who are prone 
enough to throw of aU Govern*) would obey such a 
Proclamation knowing that I have not yet re- 
ceived my Commission.' It would be very well, if 
it were come, for at this time they are under no man- 
ner of Govern* which is a great mischief to this Prov- 
ince, as well as to that; for if any servant here is dis- 
satisyed, or any Soldier has a mind to desert, it is but 
crossing Hudson's River and they are safe * * * 
My Lords; Your Lordships most 

faithful humble servant 

CORNBURY. 

New Yorke 

May the 29*" 1703. 



1 Lord Cornbui-y arrived in New York as Governor of that province on May 3d 
1702. His Commissions and Instructions, as Governor of New Jersey, were pre- 
pared in August of tliat year, but did not receive Queen Anne's signature until (the 
Instructions) November 16th and (^the Commission) Dec. 5th. They did not reach 
him until the 29th Jidy, 1703, as stated on Page 506; and not until the 10th August did 
he start for New Jersey, and enter upon the administration of his duties as.Gov- 
ernor of the Province.— Ed. 



544 X£W JERSEY COLONIAL DOCUMENTS. [,1703 | 



Colonel Robert Qvary to the Lords of Trade 

fFrom New York Col. Docts., Vol. IV., p. 1055.] 

(Extract.) 
Right Hoiio^'^ 

* * '" That the Jerseys have been for a long 
time in confusion, having no Government, which 
makes them all heartily wish my Lord Cornbury's 
Commission for that province were come, that so they 
might be settled on a sure foundation, which as yet 
they never have been. The contests of West Jersey 
have always been betwixt the Quakers and her Majes- 
ty's subjects that are no Quakers. The Quakers 
though the far less in number have always been sup- 
ported in the Government against the others over 
whom they have for many years insisted and tyrran- 
ized. 

The contest in East Jersey is of a different natm'e, 
whether the County shall be a Scotch Settlement or an 
English Settlement. The Scotch have had for many 
years the advantage of a Scotch Governor, Colonel 
Hamilton. But it is the expectation of all that His 
Excellency My Lord Cornbury will reconcile all these 
differences — unite all interests, settle 'em on a sure 
foundation — make 'em all easy and happy; they have 
all a very great opinion and honour for his Lordshipji, 
which is a good stepp to that great woi'ke '"' "'•■ 
Right Hon^'''' Your Lordshipps 

Most obedient servant 

Rob' Quaky. 
N. Y. June 16, 1703. 



I N D E X . 



:)f) 



r N D E X . 



Abbott: Mordecai, 41. 61. (i.")-;3. 70. rit. «8, 
90. 99. 

Adam: Alexander, 33^'. 

Adams. John. 148. 

Adams; Joseph, 384. 

Adderly; Henry, 4.59. 401. 4;o. 

Admiralty Com-ts: Petitioned for, 133. 

Agrreemeut: About partition line be- 
tween East and West Jersey, 34.— -Of 
West Jersey Proprietors to support 
the King, 14r>.— Ot membei-s of West 
.Jersey Society, about their lands. 73. 
—of Quaker representatives to sup- 
port the King, 147. 

Aikman: AVilliani. ;JO;i. 

Alberson: John. 4:i-62. 06-7:3, 74, 79. 

Alexander: George, 187. 191. 193, 304. 

Allan: Jedediah, 33J. 

Allen. (Allin): George. 363, 390. 

Allen: Joseph, 43-62, 66-7:2, 74. 79. 

Allen: John, 3:^9, 396. 

Allen: Jedediah. 363, 364. 

Allen: Samuel, a39. 

Allen: Matt. 384. 

Allen: Thomas, 470. 

.Vllin: Caleb, 397. 

Ailing: .lolui. 33ii. 



Alston: .John. (,See Elutoii.) 

Andros: Su- Edmond. 417.— Letter from. 

to Lords of Trade, announcing liis 

arrival at New York. 37 
Auirell : Joseph, 396. 
Antill. (Anthill): Edward, 33. 370, 408. 41 1. 

470.— Signs surrender of Oovenimenf . 

156-460. 
Anne: Queen, to be proclaimed. I.M. 
Ashaly: Robert. 396. 
Ashbrook: John, 140. 
Ashton: Joseph, 363. 
Ashton: James, 390. 
Assembly: General. -How to ht- fornnMl 

on surrender of tiovemment. 400. 
Assessments: On East Jersey I'ropric- 

tors, 37. 
Askew: John. 401 
Atkinson: James. 148. 
Atkins: Sir Robert. Trustee of Sir Geo. 

Carteret. 388. 
Atkins: Sir Edward. Trustee of Sir Geo. 

Carteret. 388. 
Atwood : W. . Chief Justice. 438. 
Austin: Joseph. Commissioner of Cus- 
toms. 108, 179. 
Averv. (Every »: Tlie Pirate. 333. 339. 3.-..'.. 



T?acon: John. :i80. 

Bahama Islands: Retreat for Pirates. 
119, 358. 

Bailey: Jolm, 135. 

Baker: Abraham." ;i34. 397. 

Baker: Jolm, 336. 

Baldwin: Ben.iamin. 339. 

Baldwin, Senior: .John, 336. 

Ball: Edward. 336, 339. 

Ball: Caleb. ?m. 

Barclay, (Berkeley): Roliert. 10. -^-Z. 30. 
33, 34, 193, 198.— Disbm-sements by, 
on account of East .Jersey. 303.— One 
of the tweutv-fom- Proprietors of 
East Jersey. 339.— Asks for the ap- 
pointment of Hamilton. 470. 

Barclay: John, 3, 113. 187. 191, 371. 375. 
317', 387, 389. 390.— Commissioned Sur- 
veyor General. 81-84.— Signs sun-en- 
der of Government. 450-460 —Object- 
ed to as one of Council. -18S 



Barker: Thomas, 30, 171. 177. 180. 189, 191. 
193. 194. 213, 257, 370, 407. 411. 431. 437. 
—Disbursements by. on accotmt of 
T<'.ast .Jersey. 303.— Signs surrenderor 
Government. 4.50-460. -.Vsks for ap- 
pointment of Hamilton. 470. 

Barkstead: ,John, 377. 

Bartlett: Benjamin. 41. 45. 48. 

Basse: Jeremiah. 130, 171, 178. 330, 3.V.. 
370. 380. 304. 334. 340. 3.57. :^(i7. 375. 381 . 
391. 393. 398^03. 404. 409. 43:i.— Com- 
missioned as Agent of the West Jer- 
.sev Society, 91.— Notice of. 91. -Jit- 
ter to, from West Jersey Society. 97. 
—Bond sent U< him to be submitted 
to the Proprietors. 140. Commis- 
sioned as Governor of West .Jersey. 
1 13.- Approval of his aijpointment 
asked for, 149. -Bond required of 
him by Lords of Trade. 150.— Letters 
from, "about pira^cjes and the bond 



548 



l.VDEX. 



required of lijui, loO. 154, 157.— Letters 
to, ill ans-\\er to the foregoing, 155. 
IG:;.— Proclamation of, against vice 
and iinnioralit}-. aOti.— Airives in 
AVest Jersey. -M'. ai4.— Instructions 
to. 209.— Proclaims Perth Ambo.>' a 
port. x.''37.— Correspondence with p!;arl 
of Bellomont about two pirates, "239, 
:iciO.— Difficulty between, and Bello- 
mont, '^iS. 236, Sll.— Before the New 
York Council, 237.— Commended for 
his zeal in suppressing piracy, 243. — 
Loads ship Hester at Perth Amboy. 
•45.— F^oclamation of. against Scotch 
immignration, 272.— Cour.se of. con- 
demned by the towns, 273.— onpu'ates 
and illegal traders. 2S6. — Proclama- 
tion about ships from Scotland, 297. 
— Makes a rejiort of his administra- 
tion. 310.— Petitions about ship Hes- 
ter, 311.- Leaves for England, with- 
out waiting for his successor, 31U. 
321. — On East Jersej- disturbances. 
329.--Belloinont"s reference to his 
trial about ship He.ster, :W].— Urges 
attention to East Jersey matters, 
343, 391.— Asks for a copy of the Pro- 
prietors' answer to inuabitants" re- 
monstrance. 353.— Asks to be heard 
by Lords of Trade, 41H.— Eecom- 
mended for Comicil, 487. 

Bath: John, Eai'l of. One of Sir George 
Carteret's Trustees, 386. 

Battersly: Nicholas. 41-61. 05-73. 79. 

Bawta: Weart. 327. 

Bayard: Nicholas. Of NeAv York Council. 
106, 237. 

Bedford: Stephen. 390. 

Beere: Jonathan, 148, :^0. 

Bell: Henry, 397. 

Bellomont; Earl of, iVi-rives in New 
York. 210.— Prohibits proclamati(jns 
about ports in East Jersey. 210. — Pro- 
claims against them, 218."— Forwards 
proclamation to Loi'ds of Treasur.y. 
221. -Letter to, from Gov. Basse, 
about two pirates. 229. — liis answer 
thereto, 230.— DilRculties with Gov. 
Basse, 235. 2:10. 241.— Letter from, 
about ship Hester. :?41.— Report to, 
from Col. Roemer, about New Yorlc 
harbor. 354.— Letter to, about boun- 
daries, 307. 

Bennet: Arie (Ariaii). 325.— P^-esentedby 
Monmouth Grand Jury. 332. 

Bennet: (Baiieti, Jeremiaii, 327. 391;. 
-Bennett: Jo. Signs Surrender of Govern- 
ment. 450-400.— Asks for Hamilton's 
appointment, 470. 

Benthall: Walter, 2ti, 104. 105, 171. n7. 
180, 189. 191. 19:i 19-1, 198. 2i:j, 257. ;;i70, 
-108, 411. — Disbursements by. on ac- 
count of East Jersey. 203. 

Bergen: 103. 

Berkeley and Carteret: 130. 178, l.si. 182. 
231,387. 

Berry: John, 327. 480. 

Beune: Aty. 39ii. 

Bibby: Richard. 401. 

Biddie: William, 148. ;jSO. 

Hillop: Christopher, 417. 

Bingley: AVilliani, 187, 191. 1!I3, 198. 213, 
2.5i.— Disbursements by. on account 
East Jersey. 204. 

Bishop: John. 220. 2.55. 270. 315, :31 7. 373. 
;-380. 488. 



Blackall: John. 401. 

Blackwood: Robert. Disbui-sements bj'. 
on account of East Jersey, 204. 

Blake.ston: N., Governor of Maryland. 
Letter from, 403. 

Boddingtou: James. 12-02. 05-73, 70. 79. 
95, 99. 270. r.O. 

Bogert: Jan. :W0. 

Bouiel. (Bonnell): Isaac, 139. 

BoUin: James, 363, 304. :197. 

Bomgat: Roeloff. 326. 

Bond to be signed by Deputy Goveruuis 
of the Pi-ovinces. 1:18.— Copy of, sent 
to J. Basse, 141, 150. 

Bonnell. (Bunnell. Boineli: Nathaniel. 
129, :«0. 

Bonnell, Junior: Nathaniel. 334. 

Bonnell: Isaac. 327. :i;l4. 3:^9. 

Booker: John. Signs sm-render of Gov- 
ernment, 450— 160.— Asks for Hamil- 
ton's appointment, 470. 

Bools: Thomas, 113. 

Borden : James. 390. 

Borden : Benjamin, 303, ;iH6. 

Borden: Richard. 303. 

Boune: James, 327, 396. 

Bouiie: W'lUiam. :197. — Presented by Mon- 
mouth Grand Jury. 333. 

Bouts. Richard. 460. 

Bowler: Garret. :W1, 397. 

Bowne: Andrew. 27o. :i2e, 327, 329, :;'.ii;. 

0< 401. 437, 445.— Objected to as Govcr 

nor, 385, 416.— Recommended tor 

Council. 429. 431. 480. 487.— Proposed 

for Governor. 430. 

Bowne: John, 480 

Bowne. Junior: John, 390. 

Boyse: John, 396. 

Bratidreth: Timothy. 140. 

Bramen: John, 48. 
j Bramma: Benjamin. 140. 
i Bray: John, :fe6, 303, ;i60. 390.— Presented 
' by Monmouth Grand Jury, 332. 

■ Brairie: James, 20.— Disbursements by, 

account of East Jersey. 204. 
I Brueiie: Joseph, 1139. 

Bri.lges: John, 42-02, 06-72, 74. VJ, 88. 187. 
193. 194, 199, 2.58, 27r.. 300. :i70. 408. 441. 
Signs the surrender of (jioveninient, 
4.50. 400. — Asks foi- Hamilton's ap- 
pointment as Governor. 470. 

Bridges: Kev. Thomas, Letters to, 94, 90. 

Brookes: Timothy. SS-l. 

Brookes: William, 42-U2. 0O-?3. 74, 79. 
, Bromtield: Thomas. 42-02.1)0-73.79,470. 

Bromhall: Richard. 42-61, 05 73, 79. 

Brooksbaiik: Jusepli, 4-,'-0]. 65-73, 78, 276, 
;i70, 40S. 411.— Signs the surrender of 
Government. 4.iO-400. — Asks for 
Hamilton's appointment as Gover- 
nor. 470. 

Browne: Daniel, :!3U. 

Browne: John. iC. 327. 

Browne: Joseph, 148. 

Browne: William, 129. 32.5, 3:>(. 390. 

Browne, i Bowne): Obadiah, 30:^, :^9;', 4^7. 

Budde: Tliomas. 18. 19. 65. 99. 

Budc: William, ;i8-l 

Bunel: Hommuel, 390. 

Burgess: Capt., 291. 

Burlington: Kii^t at, 379. 402.— Proprie- 
tors wish to have it a port. 4W.— 
Markets at, desired, 400. 

Burlington County: Population in 1099. 
305. 

Burnett: Obadiah, 42-62, 0()-72. 74. ;9, 194. 



IXDKN. 



W.) 



199, 300.— Signs the siu-reiuler of Gov- 
ernment, 456-460.— Asks for Haniil- 
ton".s appointment as Governor, 470. 

Burnet : John, 187, 191. 19:5, 198. 213, d57. 

Burnit: Robert. 36, 32. 187. 191. 193, 193. i 
213. 389. 390.--Disbursements by, on . 
account of East Jei"sey. 203.— Signs 
surrender of Government. t.')6-4t)0 . 

Biu'well: Joseph. 333. 



Burwell: Samuel. 333. 334. 

Burvvell. Junior: Zackery. 337. 

Butter worth: Moses, Proceedings 
against, 3(J2. 371. 

Byllynge: Edward, 4, (i. 8, 10, 12, 14, lU. 
•.*2, II. tii. 49. t)3, 64-67, 388.— Disburse- 
ments by. account of East Jersey. 
302. 

Byllynge: Lovedfi.v, 4?^. 



('. 



Cage: Thomas, 461. 

Callingor; Henry. 148. 

(.'amp: Samuel, :'.36. 

Campbell: Archibald. 186. 191. 193. 198. 

213. 
Campbell: John. Commissioned by East 
Jersey Proprietors to confer with 
Governor of West Jersey. 1. 
Campbell: Lord Neil. in. 11. 18. 19. 2;, 31. 

:i2. 
Cand: Joseph, 396. 
Cannan: Patrick, 332. 
Cape May Coimty: petition for, 133. 
Carolinas: Illegal trading with. IW. 120, 

:i59.— Population of North. 6. 120. 
Carrington. John: 31. 
Carter: Barnabas, 3:J4. 39t;. 
Carter: Samuel, 129. 321', :«9, 395.— Pro- 
ceedings against, 313, 314, :-i33, :>il. 
Carteret: Sir George, 14, 109. 110. 
Carteret: Gov. Philip, declares East Jer- 
sey free to all vessels. 2:32. 
Chad wick: Ja: Commissioner of Cus- I 

toms. 131. 
Changerora: Lands at. 32. 
Chaplin: Jolm, 396. 
Cheesman: Oliver. 365. ' 
^Chesman: William. 396. 
Chesma)), Senior: William. :'.9."). 
Chubs: Charles. 39(>. 
Churchill: Nicholas. 321. 
Claese : Gerebrant, 326. 
Clarke, (Gierke): Ephraim. 129, 315, :326, 

:i39, 396. 
Clarke: Joshua. 124, 396. 
Clarke, (Gierke): John, 129, 336, 3:M. 339. 

396. 
Clarke, of Newark: John, *39. 
Clarke: Eichard, 326. 339. :i97'. 
Clarke (Gierke): Samuel. 129, 326. 334, 
:«9, .397. -Commissioner of Customs. 
131. 168. 
. Clarke: Thomas. «i4. 396. 
Claten: Jan. 326. 

Clayton. (Cleavten): John. 326. 396. 
C;iayton: David. 396. 

Clayton: Robert. Commissioner of Cus- 
toms, 131. 
Clayton: Zebulon, 363. 
Clevengen: John, 327. 
Cocks, (Cox): Isaac, 42-61. <••)-. 3. .8. 4(0. 
Codrmgton: Thomas, 486. 
(;ofting: J., 257. . , 

Cohanzie: Proprietors wish it recognized 

as a port. 405. 
Coker: Thomas. Collector at Perth Am- 

bov, 130. 
Cole: John, 397. 
Cole: Mr., 289. 
Cole: Joseph, 396. 

Colyer: Joseph, Signs surrender ot 
Government. 456-460.— Recommends 
Hamilton for Governor. 47ii. 



Commissioners of Treasury: Petition to. 
from Proprietors relative to ports. 
164.— Letter to, from Commissioners 
of Customs on the same subject. 165. 
Coramisioners of Ti-ade and Plantations: 
Extract from minutes of. 132. -Me- 
morial to. relating to Courts of Ad- 
miralty. 133.— To Proprietors of East 
and West Jer.sey. 134.— Letters to, 
from Jeremiah Basse about piracies, 
150, 157.— Letter from, in answer 
thereto, 15.5, 162.— Petition to. from 
Proprietors of East Jersey about 
New York encroachments referred 
to them. 109.— East Jersey Proprie- 
tors, case stibmitted to them. 191.- 
Enquire of Attorney and Solicitor 
Generals about authority of Ea.st 
Jersey Proprietors. 177.— Answer re- 
ceived thereto. i;7.— Representation 
to Lords Justices about New Jersey 
ports.180. -Customs on Hudson River 
trade to be paid in New York, 2(K).— 
Letter from, to Gov. Belloinont. 
:il)Out ports. 201.— Enquire about act 
against fraud. &c.. 306.— Answer 
thereto. 30<1.— Circular from, about 
courts, 539.— To Lord Cornbury, 
about New Jersey quota. .Ml. 

Commissions from Ilast Jersey Proprie- 
tors: to Samuel Winder, John Camp- 
bell and Miles lorster. 1.— To Joliu 
Barclay or John Reid as Surveyor 
General. 81.— To Thomas Coker. to be 
Collector at Perth Amboy, 130.- 
Draft of, for Governor of New Jer- 
sey, submitted to the King, 448. 

Commissioners of the Customs: Letter 
to, from Edward Randolph, 116.— 
Letter from, to the Commissioners of 
the Treasury, on the Customs in New 
Jersey. 165.— Letter from, to E. Ran- 
dolph, about New Jersey ports, 178. 

Compton: Cornelius, Presented by Mon- 
mouth Grand Jury, ;B2. 

Compton: Richard. 397. 

Concessions of Edward Byllynge. 4 

Connecticut: Illegal trade there, 122,361. 
—Quota of troops for defence of New 
York. 134. 

Conneroson: John. 321'. ^ , , 

Cooke: Benjamin. 397— Presented by 
Monmouth Grand Jury, :«2. ?^'>. 

(;!ooper: Joseph, 148. 

Cooper: WiUam, 1-48. 

Coo >er : Thomas. 20. 149. 177, 186. 191, m. 
198 213. 257. 376. 407, 411.— Disbui-se- 
ments on accoimt of East Jersey, 
oo4._sigus Surrender of Govern- 
ment, 4.56-460 

Cooper: John. 270. 339. 

Corclen: Benjamin. 39,. 

Corden: Richard. 396. 



5o(» 



rxDEx. 



Cornbury : Lord, Asks for an extension 
of authority, 411.— Ordered to pro- 
claim Queen Anne, 451.— Does so, 48;i. 
—Notice of. 483.— His Commission as 
Governor of New Jersey, 489 —His 
instructions, 500.— Letter from, on 
meeting called by Col. Hamilton, 
53ti.— Queen Anne to, on Governor's 
salary, 537— Notice of arrival, etc.. 54:3. 

Cornelison: IMathews, 3^7. 

Cortlandt: Stephen, of New York Coun- 
cil, 106. 237. 

Cory: John, l--i9. 

Cotard: Eleazar, 326. 

Cotterall: Eleazar, 364. 

Coimcil: How formed on sm-render of 
Government, 407, 501, 50a. 

Courts of AdmiraUty: Memorial relating 
to, 133. 

Coiu^;s: Wishes of Proprietors respect- 
ing establishment of. 407.— Circulai- 
respecting, 539. 

Cox: John, 363, 366, 397. 

Cox, Junior: Daniel, 376, 408, 411. 

Cox: Thomas, 36. 49, 326, 396.— Disburse- 
ments by, on account of East Jersey, 
204. 

Coxe: Daniel, 73, 74, 87-91. 94.95,98.99, 



164. 165, 265, 486.— Letter from to West 
■Jersey Proprietors, 4.— On dividing 
line between East and West Jersej', 
10.— Agreement with Robt. Barclay, 
33.— Notice of, 41.— Release of West 
.lerse.v, 41-C3.— Grant of Government 
to West Jersey Society. 64-i3.— Let- 
ter from, to Rev. Thomas Bridges, 
96.— Disbursements by. account of 
East Jersey, 304. 

Coxe: Rebecca. 11-63. 

Craflford: John, 146. 

Cragge: Andrew. 335, 397'. 

Craine, Senior: Jasper. ;336. 

Crane, (Craine): Daniel 129, 334, 339. 

Crane, i,Craine); John, 334. 336. 

Crane: Stephen. 335. 

Crane, (Craine): Jeremiah, 129, 326, 334. 

Cramer: John, 337, 397. 

Crew: Thomas, Lord, one of Sir G. Car- 
teret's Trustees, 388. 

Cripps: John, 34-35. 

Crosby: Henry, 396. 

Crowell: Yelverton, 316. 

Curtis: Robert, 41-01, 6.5-73, 7t). 

Cm^is: John, 313, 333. sm. 

Customs on Hudson River trade to be 
paid in New Yf>rk. Vid. 300. 



D. 



Darby: William, 326. 

Dasal: William, ;i36. 

Davenport: Francis, 380.— Recommend- 
ed for the Council, 417. 429. 

Davis: John, 470. 

Davis: Richard, 326, 363, 366. 397. 

Davis, Junior: Richai-d. 397. 

Davis: Thomas, 326. 

Davkin: Richard, 14S. 

Day: John, 148. 

Day: Paul, 337. 

Day: William, 327. 

Dayton: Jacob. 14ti. 

Deacon: George, 148, 380.- 
ed for the Council, 417 

Dedias: Wander, 327. 

Dehart: Daniel, 139. 

UeJonge: Gerrd, 326. 

Delaware Lower Counties: 

De Lance v: Peter, 470. 

De Lancev: Stephen. 289-391. 

Dennis: Samuel. 340, 355, 270, 31.V317, 
:«0. :i33, 363. 364. 373. :586.-Kecom- 
mended for the Council. 417.— Ob- 
.iected to. 488. 

De Peyster: Jol.. 343. 

Desmarest: Jan. 326. 

Desmarest: David. 3:i(i. 

Desmarest: Joan. 336. 

Desmai-est: Samuel, 3.36. 

Dewilde: John. 397. 

Division Line between East and West 
Jersey. 1-3.— Nariative of Dan'l 
Coxe respecting, 10.— Anonymous 
letter respecting. IS. 

Dobie: John, 35. 

Dock-wra: ^\'illialn. IS. -.'6, 39. 40. 83, K. 



-Recommend- 
429, 488. 



360. 



86, 102, 164, 165. 171. 173, 186, 191, 193, 
198, 213, 317, 257, 307, 323, 358. 408, 416, 
431.— Letter to, from A. Hamilton, 
27. — Disbursements by. on account 
of East Jei-sey. 305.-^Pi-ivate inter- 
ests in East" Jersey, 37.— Remon- 
strance of East Jerse> inhabitants 
sent to him, :i40, :M;1— Objects to A. 
Hamilton as Governor. 433. 466, 470, 
475. — Answered by L. Morris, 443.- 
Signs Surrender of Government. 456. 
460. 

Dommique, (Ddckmlnique, Dormiuiqae): 
Paul, 164, 165, 186, 193, 194, 199, 35W- 
376, 376, 408. 410.— Signs Sirrrenderol 
Government, 4.'>6-460.— Asks for ap- 
pointment of A. Hamilton as Gov- 
ernor, 470. 

Dongan: Governor.— His com"se toward 
Amboy as a port, 333.— Letter from, 
sent to Earl of Bellomont hv Lords 
of Trade. 371. 

Dorset: James, 396. 

Dote.>-: Samuel, 397. 

Drake. (Dreake): Francis. 336, 397. 

Drake: George. 3.36, 396. 

Drake, (Dreake): John, 336, 396, 397. 

Drummoud: John, One of the twenty- 
four Proprietors of East Jersey. 389 

Drummond: Gaven. :-!33. ;364. 366. 

Dudly: Joseph. 417. 

Duglass: John. 339. 

Dun: Hugh. :i2<;. 3!n;. 

Dunch : William, 43-63. 6()-73, 74, 76 79. 

Diuulasse: James" 35. 

Dunham, (Downham): Edmond, :i36. 

Dii Tnidle. Jncob. 336. 



Eark-: Edward, 370. — Recommended to 

be one of the Council, 417. 
Earsken, (Erskinei: John, 129, :i26. 
Eastill: William. :;96. 



East Jersey: Towns of, protesting 
against Gov. Basse, 270, 273.— DiflB- 
cult raising of troops in, to protect 
the frontier. 115.— Inhabitants of. 



IXDKX. 



remonstrate against the ProPi-ietonv 
32;i— Harbors pu-ates. .%(X— Three 
of New York Council, on i-ondiiion 
of. 868.— Inhabitants ask for a Royal 
Government, ~94. . 

East Jersey Proprietors: ('omuussiou 
front, to Samuel A\ inder and others, 

l.-Instructions to ^^in'l^^i"-, e^'^V^.tf. 
Letter to. on ihvidnig hue. IS — Diatt 
of Siurender of Government hi% -!*'• 
-Assessments laid "PO" t''®"!' <*',-T- ' 
Commission from, to John Barclaj i 
or John Reid. 81. -Instructions to 
Gov Andre^v Hamilton. S*.-Letter ! 
M. to Board of Trade, "O.-I^tter , 
from to Gov. Hamilton. 101.— in- | 
stmctions from, to Thomas Gordon, i 
\06— Klizabethtowii people petition 
for protection againsi them. 1-.4.- 
Communicatiou to, from C.jmmis- 
^oners of Tra.le ^'^-^'V^^'^:^ ou 
liabUity of. to New >orktoi Cus- 
toms, i36.-Letterto.fromthe Kmg. 
I'elative to the plantation trade, l'^'. 
—Petition of, against encroach- I 
ments of New Vorlt U«. -Their ca^^e 
submitted to the Lords of nacie, 
m^n England, to Gov. HamUton 
and CouneU. ir6.-Adve,-se B^-poit , 
on their rights to ports by the Lords 
of Trade. ;J:il. -Petition ot. for ap- 
proval of Andrew Hamilton as Gov- i 
emor. -tO.— Memorial of. relating to 1 
the seizure of sliip Hester. ■^•^- «•'•. 
•JKi— Trial hi Westmmster Hall ot 
their port question. ^V'^^6«-7.^r^;j- 
rial of, about Surrender pt Govei n- 
ment. 2»4.-\Vish to have Perth Am- 
boy established as a port, .m.-_ 
.Uiswer of. to a remonstrance ot 
inhabitants. 344.-Object to the ap- 
pointment of Andrew Bo^^^le as 

East^aud"west jwsey Proprietors: i^k 
for the approval of J- l^as.se as Goy- 
emor 149.— Petition from, to Com- 
Soners of Treasury, relative to 



their ports, HU. — Authority from, I" 
lieo. Willocks, to receive qiut rents, 
1«6.— Authority from, to Kip >aii 
Dam. m.- Quota of troops lor de- 
fence of New York, l.^.-MemonaLs 
of in behalf of Andrew Hamilton. 
374 469, 47.'), -Memorials of, relating 
to 'surrender of the Governmeni 
404, 415.- Ask for the appomtmeul 
of Hamilton as Governor until the 
Surrender is perfected. 40«. 
East and West Jei-sey: Govenimeni ot. 

siu-rendered to the Crown, 4aJ. 
East .lersev Council: Action of. respect- 
ing ship Hester, •-'5.>. 
Edmonds: John. 3'.*6. 
Eldridtre: John, 3~'l. 
Sbethtown: The people of, petition 
against the Proprietors. l-44.-Letteis 
from, condemning Gov Basse, "i* 0, 
•'7:i —Sundry inhabitants indicted. 
i^'.t'.-Soundings hetweeu, and Am- 
\wy, 3,j5. 
Fills- Simeon, 'j^X 
Elston: John, pepositiou -if, respe.ti.ig 

piracies. ^"23. 
Elton: Ant. 384. 
Ernie v: Peter. ;i32. 
VmWv WiUiani, 1, li, ■-;4, ^J- 
Emoti: Jaiues. Secretary of East ,lersey 

Council, 3. 
Enghe: WiUiam. 31(i. 
Epte: Seba, 3:it>, 

Epke: Hendrick -Kti. _ 

Krwine- Nehenuah, 42-W, bb-i~. -i. <•'■ 
1 Es;ex^Count> (.om-t: Procee^ngB a^ 
relatuig to Samuel ^^^'^^Fi^±.^. 
Minutes of, Sept. 10. l'^','^f--P*'^.. 
ceedings against sundrj persw^s 
conneiTted with Newark nots. AJO 

\ EstemEstal, KLstell >: Thomas ;«0, 397.- j 
i Presented by Monmouth Gian<i 

; Eve^^ll^y^: The pirate mentioned. 

I ;J;J3, 35«. . 

I Evrington : Jeremiah. .*v^. 



Falconer: Gilbert. 400. 
Fenemore: Richard, ^W. 
Fitz-Kandolph: Joseph. :320. 39.. 
Fitz-Randolph: John. 39b. 
Fletcher- Gov. BeuDamm, 10b, ^y.o.— i-.ei 
^'"terto.fromWesI: Jersey Propnetm^^^^ 
jjy, yO.— Letters to, from (to\ Hamii 
ton, lO.j, 113, 115. 
Forbenor: Samuel, 396. 
Forman: Alexander, 327, 39.. 
Forman: X'lomas, :^. 
Foreman: Samuel. 363, 39.. 
I'^orster, ^Foster): >iiles, o.b. 40t>, 4U. 
CoiAmission from East Jersey Pro- 
prietors. I. -Surrenders the Govern- 



ment of East Jei-sey, 387. 389, ;i90. 
Si^mended as one of the Com^ . 
117 — Siffus Surrender ot UO\eiii 
ment f 6, 460.-Ob3ected to as one 
of Council. 488. ^_ ,,,, 

FouJertou, iFullert^nt: Thomas. 18., .Jl. 

193, 198. -213. 
^^^ l^r-^- -demning 
Fi-etSl:PeteS8.-Recommendedto 

beoneof the Council, 41.. 
Fox: James, 397. 
i Fullerton: Robert,^. 
I Finch: William. 396. 



Gam: Hauaniah. 148. 

Gannet: Reheboth, 39. . ..,„„ _R^com- 

(iardiner: Thomas, 118. .jHO.— tiecom 

mended to be one of the Council. 41 . . 
Gerrard: Jan. 326. 
Gerrdtsen: Hendrick. 3,'b. 
Gibbins, iMartUa, .Mordecai): f b, 366. 
Gibson: Wm., Disbursements by, ax3- 

count of East Jereey, 2(».). 



Gibson: Mrs. Elizabeth. :^2. 
Gordons of CI liny: 32. 



.)0-^ 



ixbEX. 



(Jordou: Dr. John, 187, 191, 193.— Dis- 
bursements bv, account of East Jer- 
sey. 3(M. 

(iordon: Robert, Disbursements by. ar- 
couut of East Jersey. 204. 

(iordon: Thomas, 2, 101, 187,191, 193, 198. 
213, '41o, 317.— Instructions to, from 
East Jersey Proprietors, 106.— Notice 
of, 100.— Signs .Surrender of Govern- 
ment, 4.5li-4()0.— Objected to for 
Council. 488. 

(iorduer: John, ;i38. 

Gould : Jolm, 3:.*7 . 

Graham: Aug: 4(51. 

(fraham: James, Attorney General of 
New York. 234. 



(ijiint of the Goverimient of West Jer- 
sey: by Daniel Coxe to the West 
Jersey Society, (Vl. 

Greenaway: RicJiard. 42-62, 66-72, 74, 79. 
— Signs Surrender of Government. 
456-460. 

Greenland: Henry, 18,22,23. 

Greenwood: Jonathan, 41-62, 74. 460. 

Grt-nvilie: Bernard, :i88. 

Griljflth: Ben,iamin, 315. 317, 373. :^j86. 

^:ruuen: Lafty, 3!)U. 

' .iover: James, 363, 396. 

GrDver: Safetie. 363. 

(iimston: Jolm. 42-62. 6.')-';:i, 79. 

Gnyon: Peter. 41-ii2. 74. 



Habbersfleld: Edward. 42-62, 66-72, 74, 79. 

Hackett: John, 63, 72. 

Hackshaw: Robert, 42-02, 66-72. 74. 76. 
88, 90. 92, 99. 

Haghkuigsack: 103. 

Haines: Joseph, 315. 

Haines: Jonathan, 315. ;^4. 

Hale: Samuel, 315, 317, 373, 386, 188. 

Hallsey: Joseph, 129. :W6, 395. 

Hall: Jutt, :596. 

Hall: William, 148, 380. 

Hamilton: Andrew, 2, 26. 40, 113, 146, 147, 
275, 310, 318. 319, 324, ;i31, 368, 369, 373, 
375. 376, 385, im. 394, 398, 400-402, 410. 
414-416, 419. 123.— Letter from, to 
Wm. Dockwra, 27. — Instructions to, 
as Groveruor of East Jersey, 84, 93.— 
Letter to, from East Jersey Proprie- 
tors, 101.— Letters from, to Gov. 
Eletchei", of New York, 105, 113. 115. 
Letter to, from Proprietors in Eng- 
land, 176.— Disbursements by, on 
accomit of East Jersey, 205. — Ap- 
proval of liis apiJointment as Gover- 
nor asked for, 249.— Enquiries I'e- 
spectiug, 2.">i).— \Vest Jersey Proprie- 
tors ask for bis appointiueni as 
Governor, .257. — Asks for action on 
liis appointment, 258. —Postmaster 
General for America, 259. — Commis- 
sion as Agent of West Jersey. 299. — 
Commission as Governor of West 
Jersey. 301. — Letter from, about 
captured pirates, 321.— Appoints 
Lewis Slorris one of his Council, 328. 
:i;W.— Holds Court at Middletowni 
:;Li2. — Petition from East Jersey 
Council in liis behalf. 369.— Ditto 
from West Jerse.y, 377. — Recom- 
mended as Governor of New Jersey, 
'129. 442, 475.— Objected to, 4:J2, 406, 
470. 473, 479, 481.— Letter from, to 
Proprietors, 137.— Calls a meeting of 
Council of Proprietors, 536. — His 
death announced. .540. 

Hamilton: Robert. :i'.m. 

liamniond: William, 194. 199, 258.— Signs 
Surrender of Govenimeiit, 456-460. 

Hampton: And., 129. 

Hancock: Krancis. 187, 191. mi. 4.56-460, 
470. 

Hand: John. 3h0. 

Hand: Shamgar, :-i81. 

ilaiikinson, (Jtianacksoii): Thomas, 396. — 
Pre.sentt-d liv Moimioulli (irand Jury. 
■■i:U. 



H. 

Hankson : Richard, 396. 
Haulock: Edward, 486. iScr tluidoke.\ 
Haunington: Samuel, 461. 
Hanton: John, 32. ;^3. 
Harbmt: Thomas, 3-.i6. 
Harkent: Daniel, 336, 327. 
— Hari'iman, Junior; John, 129, 327, 395. 
Harrington : Henry, 1:0-61. 65-73, 79. 
Harris: Elizabeth, 41. 
Harrison: Daniel, 336. 
Harrison: Richard. Signs Surrender, 

456-460.— Asks for Hamilton's ap- 
pointment, 470. 
Harrison: Edmond (Edward). !l-(il, o.v 

73, 76, 78, 88, 90, 95, 99. 
Harrison: Joseph, 336, 3;-J9. 
Harrison: Samuel, 336. 
Harsh: Hemy, 396. 
Hart: Thomas, 26. 149, 164, 165. 171, 177, 

186, 189, 191, 193, 194, 199, 313, 257, 270. 

376, 408-^110. 437, 470. 
Hartshbme: Richard, 101, 327, 329, ;i96. 

487. 
Hartshome : Thomas, 326. 
Hasell, (Haswell): Richard, Signs Sur- 

I'ender of Government, 4.56-460.— 

Asks for Hamilton's appointment. 

470. 
Hatfield (Hetfield): Abraham, 129, 334, 

339. 
Hatfield, (Hetfield): Cornelius, 129, 325, 

Hattfield. (.Hetfield): Isaac, 326, 334, 339. 

Hatter: Benjamin, 129. 

Haudon, (Howdon, Hardon): 387, 389, 
:)90.— Signs Surrender of Govern- 
ment, 456-400. — Objected to as one of 
the Council, -188. 

Hawles: Sir Jolm, Solicitor General, 138. 
— Consulted as to New Jersey poi-ts. 
174. 177. 

Hayes: Thomas, 336, 339. 

Haj'ward: Nicolas, 41-61. 6.5-73. 76, 78. 

Heathcote: George. 80. 

Hedge : Samuel. 146, :»_». 

Helmighson: Roelof, 326. ^ 

Hendrickse: Jacob. "i26. — 

Hendricks: William, 363. -^ 

Hendrickson: Daniel, 326. _ 

Hendrickson: Kend., 396. 

Henley: Robt., Commissioner of Cus- 
toms. 168. 179. 

Herbert: Walter, 320. 

Heretage: Richai'd. 148. 

Heme : John, 397. 

Heron : Joseph, 239, 240. 



tS"DKX. 



553 



Hester: Case of ship, 245, iV). 359. 311, 

341, :367, 390. 
Hewght : Abner, 363. 
He\vitt: Thomas, 332. 
Heynclrotch: 327. 
Hieknaan: Robert, 321. 
Hicks: Jasper, 417. 
Higgins: Jedediah, 396. 
Higgins: Thomas, 316. 32(i, 306. 
Hill: Abraham, 120. 
Hill: William, :i27. 
Hind : John, 46. 
Hindse : John, 327, 307. 
Huidse: Josepn. 396. 
Hoge: William, 332. 
Holland: Ferdinando, Signs Surrender 

of the Governmeut, 45(;-460. 
HoUinghead : John, 148. 
HoUis: John, 470. 
Holmes: .John, 146. 384. 48^, 488. 



Holmes: Obadiah, ;163, ;384, 396. 

Hooper: 2:32. 

Hopemyre: Samuel. 3:W. 

How: James, 321. 

Hull: Benia. 326. 

Hull: Benjamin, :126, mo. 

Hoolmau, (Holman): Robert. 327. 396. 

Himt: Ralph, 384. 

Hudson: Peter, 470. 

Huugerford: Ducie, 255.— Deposition 
about seizure of vessel at Perth 
Amboy, 238, 243. 

Hugg, John. 148. 

Hugg. Junior: Jolm, 148. 

Himtiugton : Samuel, 336. 

Himloke: Edward, 41, 146. 147. ;«0, 481.— 
Recommended as one of tlie Coun- 
cil, 417, 120. 486, 488. 

Humplu-ies: Joshua. 14S. 

Hyde: .John. 17. 



I. 



lines: Abner, 397. 

Ingoldsby: Richai'd, Proposed for Gov- 
ernor, 430. 

Innes: Robert, Presented bv .Monmouth 
Grand Jury, 332. 



Instructions: From East Jeraey Proprie- 
tors to Samuel Winder and others, 3. 
—To Jeremiah Basse, 209.— To Gov- 
ernor submitted to the King, 448. 

Irwin: John. 76. 7i<. tSec , Turin.) 



•laborowsky: Albert, 327. 

James: Richard, 326, 396. 

Jamison: Dav^id, 110.— Notice of. 114. 

Jarbowsky: Jackor, 327. 

Jemings: John. 397. 

Jenings, (Jennings): Samuel, 61, 380.— 
Recommended to be one of the 
Coimcii, 417, 429. 

Jesop: Jeremiah, 339. 

Jewell: George, 315, 335. 

Jewell: Jolm. 209, 384. 486. 

Johnstone. (Johnson): John, 336, 3;i7, 367, 
;^7. 390. — Recommended to be one of 
the Coimcil, 417.— Objected to. 488.— 
Signs Surrender of Government. 4.56- 
460. 



Johnson: Joseph, 336, 539. 

Johnson: Richarcl, 63 

Johnson: Thomas, 3:33, :i34, 396. 

Johnson: Lamb., 396. 

Jones: Ebenezer, Signs the Sm-render of 
Government, 456-460. — Asks for 
Hamilton's appointment, 470. 

Jones: Jeffrey. Case of, refeiTed to. 111. 
127. 

Jones: William, 326. 

Jurin, (Irwin): Jolm. 41-61, 6.5-73, 79,88, 
92, 95.— Signs Surrender of Govern- 
ment, 4.56-460.— Asks foi- appoint- 
ment of Hamilton. 470. 



Kay: John, 28i). 

Keith: George, 15. l(i. 23. :;3. 417. 

Keves: .John. :iV.'. 



Kidd: Capt. Robt.. 115, 284, 2»7 
KilUngworth: Thomas, 384. 
Klasen: Hendrick. 327. 



L. 



Lacey: Edward, 226. 

Laing: William, 275. 

Lamb: John. 42-61, 6.5-73. 70. 12!). 

Lambert: John, 325. 

Lambert: Roger, 128, 120. 325. 

Lamson : Eley, 3:i9. 
-Landevente: Peter, 306. 

Lane: Sir Thomas. 41-61, 65-73. 75. 78, 79, 
88. 02, 95. 09. 144. 140, 164, 165, 171, 
193, 194.109. 257. 258, 270. :i00. 376. 408. 
410. 416. 428,.— Signs Surrender of 
I he Government. 45G-460.— Asks for 
Hamilton's appointment as Gover- 
nor. 470. 

Langstaffe: John. 316. 326. :^'.i6. 

Larla: Nicolas. 396. 

Luten: William. 3!)6. 



Lawrence : Benjamin. 396\ 

Lawrence : Elisha, 363. 307. 

La^^■rence: James. 326. 300. 

Lawrence: John. 100. 39i;.— Of New York 
Council, 237. 

Lawrence: Joseph, 397. 

Lawrence: Thomas, 326. 

Lawrence: Williuin. :!27. 396, 487. 

Lawrence, Junior: WilUam, 270. 396. 486- 

Lawrie: Gawen. 2, ;52, 62. :38S.— Disburse- 
ments by, on account of East Jersey. 
202, 204. 

Lawtone: William. ;i32, 487. 

Leeds: Daniel. Recommended for the 
Council, 417, 420. 486. 488. 

Leonard: John, 332. 



554 



INDEX. 



Leonard: Samuel, 328, 330,331,386.— Let- 
ter to, from William Penn, 318.— One 
of the Grand Juiy of Monmouth 
County, -H-^. — One of the Court of 
Sessions. 362, 3(>4.— Recommended for 
the Council, 417. 429. 4;^].— Objected 
to, 488. 

Leonard : Henrj*. 333. 

Leveredge: Mr., 23!». 

Levy: Benjamin, Signs Surrender of 
Govemment.456— IHO.— Asks for Ham- 
ilton's appointment as Governor, 4(0. 

LewTiiz: Sir Cresswell, Opinion on the 
liability of East Jersey- to New Vork 
for customs. 13U. 

Lewis: Thomas, Sig^ns the Surrender of 
ttie Government, 436-460. 

Line between the two Provinces : Papers 
referi-ing to, 1, 3, 10. 18. 24, 34.— Let- 
ter from Governor Hamilton to Gov- 
Fletcher respecting it, KT'. 

Linslev: John, 336. 

Lippet: Moses. :i06, .39';'. 

Lippingcot: Restore, 380. 

Lippincott: Joseph, 397. 

Lippincott: Fred. James. 14«. 

Lippincott: Remembrance, 397. 

Uttell. (^Little): John. 129, 326. 

Little: Robert. 3;i4. :«9. 

Little: Samuel, :iU, 339. 

Loften, (Lofting): John. 270,— Petition of, 
relating to stiip Hester, 311.— Connec- 
tion with J. Basse. :i42. 



I Livingston: Robert. -369. 

Loade: John, 327. 
j Looker. (Luker): John, 129, 315, 334, *W. 
' Looker, (Luke. Luker): WUliam, 129. 315. 
327, 334. 

Looker, Jmnor: WUliam, 334, 397. 

Lords of Trade: (See Commissioners of 
Trade, etc.) 

Lords Justices: Petition of Pi-oprietors 
of East Jersey, referred by them to 
Commissioners of Trade, 169.— Rep- 
resentation to, from Commissionei-s 
of Trade, about New Jei-sev ports. 
180. 

Loper: Arthiu-, 339. 

Love: Joim, 4.2-61, 65-73, 79. 

Lowrensi: Lawrence. 326. 

Lowndes: WilUam, Secretarj-, etc., Let- 
ter from, to Commissioners of Trade, 
about customs payable in East and 
West .Jersey. 163. — Answer tliereto. 
168. 

Lubertse: John, 326. 

Lucas: Nicholas, 62, 388. 

Liulington: Thomas, 336. 

l..yell: David, 171. 177, 193, 199, 213, 387, 
389, 390.— Signs Surrender of Gov- 
ernment. 456-460. — Objected to for 
Comicil, 488. 

Lyon: Benjamin, 129, 326. 3:M. 3-39. 

Lyon: Ebeuezer, 129. 334. 

Lvon : Henry, 129, 327. 

Lvon: Josepli. 129. 327. 334. 3;W. 330. 396- 



M. 



McElison: Joannis, 327. 

McKeilson: Elias, 313, ;«3. 

Madge : Charles, 47 . 

Madge: Humphrey. 47. 

.Mall: Jerat. oi<6. 

Manning: Benjamm, 316, ;W6, 397. 

Manning. (Mannen): James. 326, 397. 

Manning: John. 327. 

Manning, (Mannen): Joseph, 316, 326, 396, 

Markets: Desired bv Proprietors, 406. 

Mars: Joseph, 326. 

Marsh: Henry, 326. 

Marsh: Robert, 129. 

IVlai'yland : Quota of troops for defence 

of New York, 134.— Illegal trailing 

with, 360. 
Massachusetts: Illegal trade with, 123. 

361.— Quota of troops for defense of 

New Yoi'k, i;-U. 
Mathews: Captain, 25."). 
Matsen: Peter. 146. 
Mayo: Richard. 42-62, (!6-72. 71. 79. 
Meaker: William, 3:39. 
Medcalfe: Mat hew, 14X. 
Meekat: John, 326. 
Meeker: Benjanndn. 12t». 326. ;397. 
Meeker, Junior: Benjamin, 334. 
Meeker. (Meaker); John, 129, 3:^4, 33H. 
IMeeker, (Meaker): Joseph. 129, ;i2<i. :«4. 

397. 
Meeker, Junior: .Joseph, 396. 
Megie; John, 129, 326, 397. 
Melfort: John, Earl of, 10, 26, :32.— Dis- 
bursements b.v. on account of East 

Jersey, 20;u'. 
Melvin: Junius, :^32. 
Men\ille, (MienviUe. Monviele): Gabriel, 

106. 237. 
Mew: Richard, Disbm-sements b.v, on 

account of East Jersev. 20."i. 
Merford: John. 3!»ti. I 



Merrick: William, -226. 

Menitd: WiUiam, 326. 

Mce: Pier, 397. 

Michel, (Mitchell): Francis, 42-62. 66-72, 
74, 79.— Signs Surrender of Govern- 
ment. 4."Jii-46C. — Asks for Hamilton's 
appomtment as Governor, 470. 

Michel: Robert, 42-62, 6.5-13, 76. 7y, 88, 92. 
95, 99, 186, 193, 194. 199, 258, 276, :300.— 
Signs the Surrender of Government. 
4.56,-460.— Asks foi- Hamilton's ap- 
pointment as Governor, 470. 

Michel, (Mitchell): Charles, '12, 62, 6.5-73. 
79, 99.— Signs Surrender of Govern- 
ment, 45O-460'— Asks for Hamilton's 
appointment as (iovernor. 470. 

Michell: Archibald, 148. 

Mchelses: Hartman, :i26. 

Middlesex Comity Court: Minutes of, 315. 

Middletown : Court at, 362, 364. 

Micklethwait: Josepli, Signs the Surren- 
der of Government. 456-460. 

:\liggle: Archil )ald, 380. 

Miles, (Myles): John, 129, 326, 334, *i9. 

MiUtia : Instructions respecting. 1)3. 

Mills: James, 417. 

Mills: Darnel, 148. 

.Miller: Richard, 334. 

MUler: Samuel, 339. 

Miller: William, 129, :-)97. 

Alinisuik: 48, 57. — A. Schtiyler's journal 
of visit to, 103. 

Minshall: (Mencheill), Francis. 194, 199. 
276,416, 470.— Signs Surrender of Gov- 
ernment, l,56-46(). 

Mitchell: Jacob. 129, 326. 

Mollesou: Gilbert, 187, 191, 193, 198, 257, 
;576. 408, 411. 416.— Signs Surrender of 
Goveniment, 4.56-460. —Asks for Ham- 
ilton's aj)pointment as Governoi-, 470. 

Monmouth County : Distm-bances in. ;i28. 



rVDEX. 



555 



:«30, 366.— Indictment of several of 
tlie inhabitants, 332. — Minute.s of 
Court of, 362. 364. 364, 371. 

Moody: Daniel, 113. 

Moor, (Moore): Sir .lohii. Kk). Iflt. 199, 
358, 276. 300. 

Moore: Matthew, 113, 16^1. 

Morice: Thomas, 470. 

MoiTes: John, Deputy Sheriff of Essex 
County, 336. 

Morris: Dennis, 325. 

Morris: Lewis, Notice of, 217.— Commit- 
ted for contempt of court. 217.— Ap. 
pointed one ot Hamilton's Coimcil. 
328, 330. *il.— President of Coiut, of 
Inqiiii'y for Monmouth ( 'ounty. 332. — 



Member of Court of Sessions, 398. 
504.— Letter from, relating to the 
Surrender of the Government, 412.- 
Recoiiimended for one of the Coim- 
cil. 417. 429, 431. 486.— Answers Dock- 
wras objections to Hamilton, 442.- 
Witness to Siu-render of Govern- 
ment, 459-461.— Asks for Hamilton's 
appointment as Governor. 470.— Pro- 
posed for