APPENDIX
NUMBER I
The concessions
and agreement of the lords proprietors of the province of
New-Caesarea, or
New-Jersey, to and with all and every of the adventurers,
and all such as
shall settle or plant there. [A.D. 1664]
IMPRIMIS, We do
consent and agree, that the governor of the said province
hath power, by the
advice of his council, to depute one in his place and
authority, in
case of death or removal, to continue until our further
order, unless we
have commissioned one before.
2. Item. That he
hath likewise power to make choice of; and take to him six
councellors at
least, or twelve at most, or any even number betwixt six and
twelve, with
whose consent and advice, or with at least three of the six,
or four of a
greater number (all being summon'd) he is to govern according
to the
limitations and instructions following, during our pleasure.
3. Item. That the
chief secretary or register which we have chosen, or
shall choose, (we
failing) that he shall choose, shall keep exact entries
in fair books, of
all publick affairs: And to avoid deceits and lawsuits,
shall record and
enter all grants of land from the lords to the planters;
and conveyances
of land, house or houses, from man to man, as also all
leases for land,
house or houses, made or to be made by the landlord to
any tenant, for
more than one year; which conveyance or lease shall be
first
acknowledged by the grantor or lessor, or proved by the oath of two
witnesses to the
lease or conveyance, before the governor, or some chief
judge of a court,
for the time being, who shall under his hand, on the
backside of the
said deed or lease, attest the acknowledgement or proof as
aforesaid; which
shall be a warrant for the register to record the same:
Which conveyance
so recorded shall be good and effectual in law,
notwithstanding
any other conveyance, deed or lease for the said land,
house or houses,
or for any part thereof; altho' dated before the
conveyance, deed
or lease, recorded as aforesaid: And the said register
shall do all
other thing or things that we by our instructions shall
direct, and the governor,
council and general assembly shall ordain, for
the good and
welfare of the said province.
4. Item. That the
surveyor general that we have chosen or shall choose, (we
failing that the
governor shall choose) shall have power by himself or
deputy, to
survey, lay out and bound all such lands as shall be granted
from the lords to
the planters; and all other lands within the said
province, which
may concern particular men, as he shall be desired to do,
and a particular
account thereof certify to the register, to be recorded
as aforesaid.
Provided, that if the said register and surveyor, or either
of them, shall
misbehave themselves, as that the governor and council, or
deputy governor
and council, or the major part of them, shall find it
reasonable to suspend
their actings in their respective employments, it
shall be lawful
for them so to do, until further orders from us.
5. Item. That the
governor, councillors, assembly men, secretary,
surveyor, and all
other officers of trust, shall swear or subscribe (in a
book to be
provided for that purpose) that they will bear true allegiance
to the king of
England, his heirs and successors; and that they will be
faithful to the
interests of the lords proprietors of the said province,
and their heirs,
executors and assigns; and endeavour the peace and
welfare of the
said province; and that they will truly and faithfully
discharge their
respective trust, in their respective offices, and do equal
justice to all
men, according to their best skill and judgment, without
corruption,
favour or affection; and the names of all that have sworn or
subscribed, to be
entered in a book: And whosoever shall subscribe and not
swear, and shall
violate his promise in that subscription, shall be liable
to the same
punishment that the persons are or may be, that have sworn or
broken their
oaths.
6. Item. That all
persons that are or shall become subjects of the king of
England, and
swear or subscribe allegiance to the king, and faithfulness
to the lords, shall
be admitted to plant, and become freemen of the said
province, and
enjoy the freedoms and immunities hereafter expressd, until
some stop or
contradiction be made by us the lords, or else the governor,
council aad
assembly; which shall be in force until the lords see cause to
the contrary:
Provided, that such stop shall not any ways prejudice the
right or
continuance of any person that have been received before such
stop or orders
come from the general assembly.
7. Item. That no
person qualified as aforesaid, within the said province,
at any time shall
be any ways molested, punished, disquieted or called in
question, for any
difference in opinion or practice in matters of
religious
conceruments, who do not actually disturb the civil peace of the
said province;
but that all and every such person and persons, may, from
time to time, and
at all times, freely and fully have and enjoy his and
their judgments
and consciences, in matters of religion, throughout the
said province,
they behaving themselves peaceably and quietly, and not
using this
liberty to licentiousness, nor to the civil injury or outward
disturbance of
others; any law, statute or clause contained, or to be
contained, usage
or custom of this realm of England, to the contrary
thereof in any
wise notwithstanding.
8. Item. That no
pretence may be taken by our heirs or assigns, for or by
reason of our
right of patronage and power of advouson granted by his
majesty's letters
patents, unto his royal highness James duke of York, and
by his said royal
highness unto us, thereby to infringe the general cause
of liberty of
conscience aforementioned: We do hereby grant unto the
general assembly
of the said province, power by act, to constitute and
appoint, such and
so many ministers or preachers as they shall think fit,
and to establish
their maintenance, giving liberty beside to any person or
persons to keep
and maintain what preachers or ministers they
please.
9. Item. That the
inhabitants being freemen, or chief agents to others of
the province
aforesaid; do, as soon as this our commission shall arrive,
by virtue of a
writ, in our names, by the governor, to be for the present
(until our seal
comes) sealed and signed, make choice of twelve deputies
or representatives,
from amongst themselves; who being chosen, are to join
with the said
governor and council, for the making of such laws,
ordinances and
constitutions as shall be necessary for the present good
and welfare of
the said province: But so soon as parishes, divisions,
tribes, and other
distinctions are made, that then the inhabitants or
freeholders of
the several respective parishes, tribes, divisions and
districtions
aforesaid, do by our writs, under our seals, (which we ingage
shall be in due
time issued) annually meet on the first day of January,
and choose
free-holders for each respective division, tribe or parish, to
be the deputies
or representatives of the same: Which body of
representatives,
or the major part of them, shall, with the governor and
council
aforesaid, be the general asaembly of the said province; the
governor or his
deputy being present, unless they shall wilfully refuse;
in which case
they may appoint themselves a president during the absence
of the governor,
or the deputy governor.
Which assemblies
are to have power.
First. To appoint
their own time of meeting, and to adjourn their sessions
from time to
time, to such times and places as they shall think
convenient; as
also to ascertain the number of their quorum; provided, the
said number be
not less than the third part ot the whole, in whom (or
more) shall be
the full power of the general assembly.
Secondly. To
enact and make all such laws, acts and constitutions as shall
be necessary for
the well government of the said province, and them to
repeal: Provided,
that the same be consonant to reason, and as near as may
be, conveniently
agreeable to the laws and customs of his majesty's
kingdom of
England: Provided also, that they be not against the interest
of us the lords
proprietors, our heirs or assigns, nor any of those our
concessions,
especially that they be not repugnant to the article for
liberty of
conscience abovementioned; which laws, &c. so made, shall
receive
publication from the governor and council, (but as the laws of us
and our general
assembly) and be in force for the space of one year, and
no more; unless
contradicted by the lords proprietors; within which time,
they shall be
presented to us, our heirs, &c. for our ratification; and
being confirmed
by us, they shall be in continual force, 'till expired by
their own
limitation, or by act of repeal, in like manner to be passed as
aforesaid, and
confirmed.
Thirdly. By act
as aforesaid, to constitute all courts, together with the
limits, powers
and jurisdictions of the same, as also the several offices,
and number of the
officers belonging to each court, with their respective
salaries, fees,
and perquisites, their appellations and dignities, with
the penalties
that shall be due to them, for the breach of their several
and respective
duties and trusts.
Fourthly. By act
as aforesaid, to lay equal taxes and assessments equally
to raise monies
or goods upon all lands (except such as belong to us the
lord proprietors
before settling) or persons within the several precincts,
hundreds,
parishes, manors, or whatsoever other divisions shall hereafter
be made, and
established in the said province as often as necessity shall
require, and in
such manner as to them shall seem most equal and easy for
the said
inhabitants, in order to the better supporting of the publick
charge of the
said government and for the mutual safety, defence, and
security of the
said province.
Fifthly. By act
as aforesaid, to erect within the said province, such and
so many manors,
with their necessary courts, jurisdictions, freedoms and
privileges, as to
them shall seem meet and convenient; as also to divide
the said province
into hundreds, parishes, tribes, or such other divisions
and districtions
as they shall think fit, and the said divisions, to
distinguish by
what names we shall order or direct, and in default
thereof; by such
names as they please; as also in the said province to
create and
appoint such and so many ports harbours, creeks and other
places, for the
convenient loading and unloading of goods and merchandize,
out of ships,
boats and other vessels, as shall be expedient with such
jurisdictions,
privileges and franchises, to such ports &c. belonging, as
they shall judge
most conducing to the general good of the said plantation
or province.
Sixthly. By their
enacting, to be confirmed as aforesaid, to erect, raise
and build within
the said province, or any part thereof; such and so many
forts,
fortresses, castles, cities, corporations, boroughs, towns,
villages, and
other places of strength and defence, and them or any of
them, to
incorporate with such charters and privileges, as to them shall
seem good, and
the grant made unto us, will permit; and the same, or any
of them, to
fortify and furnish with such provisions and proportions of
ordnance, powder,
shot, armour, and all other weapons, ammunition and
habiliments of
war, both offensive and defensive, as shall be thought
necessary and
convenient for the safety and welfare of the said province;
but they may not
at any time demolish, dismantle, or disfurnish the same,
without the
consent of the governor and the major part of the council of
the said
province.
Seventhly. By act
as aforesaid, to constitute trained bands and companies,
with the number
of soldiers, for the safety, strength, and defence of the
said province,
and of the forts, castles, cities, &c. to suppress all
mutinies and
rebellions, to make war offensive and defensive, with all
Indians,
strangers and foreigners, as they shall see cause; and to pursue
an enemy as well
by sea as by land (if need be) out of the limits and
jurisdictions of
the said province, with the particular consent of the
governor, and
under his conduct, or or our commander in chief; or whom
he shall appoint.
Eighthly. By act
aforesaid, to give to all strangers, as to them shall
seem meet, a
naturalization, and all such freedoms and privileges within
the said
province, as to his majesty's subjects do of right belong they
swearing or
subscribing as aforesaid; which said strangers, so naturalized
and privileged,
shall be in all respects accounted in the said province as
the king's
natural subjects.
Ninthly. By act
as aforesaid, to prescribe the quantities of land which
shall be from
time to time allotted to every head, free or servant, male
or female, and to
make or ordain rules for the casting of lots for land,
and the laying
out of the same: Provided, that they do not in their
prescriptions,
exceed the several proportions which are hereby granted by
us, to all persons
arriving in the said province, or adventuring thither.
Tenthly. The
general assembly, by act as aforesaid, shall make provision
for the
maintenance and support of the governor, and for the defraying of
all necessary
charges of the government; as also the constables of the
said province,
shall collect the lords rent, and shall pay the same to the
receiver that the
lords shall appoint to receive the same; unless the said
general assembly
shall prescribe some other way whereby the lords may have
their rents duly
collected, without charge or trouble to them.
Eleventhly, and
lastly. To enact, constitute and ordain, all such other
laws, acts and
constitutions, as shall or may be necessary for the good
prosperity and
settlement of the said province (excepting what by these
presents is
excepted) and conforming to the limitations herein exprest.
The governor is
with his council before expressed,
First. To see
that all courts established by the laws of the general
assembly, and all
ministers and officers, civil and military, do and
execute their
several duties and offices respectively, according to the
laws in force,
and to punish them for swerving from the laws, or acting
contrary to their
trust, as the nature of their offences shall require.
Secondly. According
to the constitution of the general assembly, to
nominate and
commissionate the several judges, members and officers of
courts, whether
magistratical or ministerial, and all other civil
officers,
coroners, &c. and their commissions, powers and authority, to
revoke at
pleasure. Provided, that they appoint none but such as are
freeholders in
the province aforesaid, unless the general assembly consent.
Thirdly.
According to the constitution of the general assembly, to appoint
courts and officers,
in cases criminal, and to impower them to inflict
penalties upon
offenders against any of the laws in force in the said
province, as the
said laws shall ordain; whether by fine, imprisonment,
banishment,
corporal punishment, or to the taking away of member or life
itself; if there
be cause for it.
Fourthly. To
place officers and soldiers for the safety, strength and
defence of the
forts, castles, cities, &c. according to the number
appointed by the
general assembly; to nominate, place and commissionate
all military
officers under the dignity of the said governor, who is
commissionated by
us, over the several train'd bands and companies,
constituted by
the general assembly, as colonels, captains, &c. and their
commissions to
revoke at pleasure: The governor, with the advice of his
council, unless
some present danger will not permit him, to advise to
muster and train
all forces within the said province, to prosecute war,
pursue an enemy,
suppress all rebellions and mutinies, as well by sea as
land; and to
exercise the whole militia, as fully as we by the grant from
his royal
highness can impower them to do: Provided, that they appoint no
military forces
but what are freeholders in the said province, unless the
general assembly
shall consent.
Fifthly. Where
they see cause, after condemnation, to reprieve, until the
case be
presented, with a copy of the whole trial, proceedings and proofs,
to the lords, who
will accordingly either pardon or command execution of
the sentence on
the offender; who is in mean time to be kept in safe
custody, 'till
the pleasure of the lords be known.
Sixthly. In case
of death or other removal of any of the representatives
within the year,
to issue summons, by writ, to the respective division or
divisions for which
he or they were chosen, commanding the freeholders of
the same to
choose others in their stead.
Seventhly. To
make warrants and seal grants of lands, according to those
our concessions
and the prescriptions by the advice of the general
assembly, in such
form as shall be at large set down in our instructions
to the governor,
in his commission, and which are hereafter expressed.
Eighthly. To act
and do all other things that may conduce to the safety,
peace and well
government of the said province, as they shall see fit; so
as they be not
contrary to the laws of the said province.
And for the
better security of all the inhabitants in the said province.
First. They are
not to impose, nor suffer to be imposed, any tax, custom,
subsidy, tallage,
assessment, or any other duty whatsoever, upon any
colour or
pretence, upon the said province and inhabitants thereof; other
than what shall
be imposed by the authority and consent of the general
assembly, and
them only in manner as aforesaid.
Secondly. They
are to take care, that lands quietly held, planted and
possessed seven
years after its being duly surveyed by the surveyor
general, or his
order, shall not be subject to any review, re-survey or
alteration of
bounds, on what pretence soever, by any of us, or any
officer or
minister under us.
Thirdly. They are
to take care, that no man, if his cattle stray or range,
or graze, on any
ground within the said province, not actually
appropriated or
set out to particular persons, shall be liable to pay any
trespass for the
same, to us, our heirs, or executors. Provided, that
custom of commons
be not thereby pretended to, nor any person hindered
from taking up
and appropriating any lands so grazed upon, and that no
person do
purposely suffer his cattle to graze on such lands.
And that the
planting of the said province may be the more speedily
promoted.
First. We do
hereby grant unto all persons who have already adventured
into the said
province of New-Caesaria, or New-Jersey, or shall transport
themselves or
servants before the first of day January, which shall be in
the year of our
lord, 1665, these following proportions, viz. To every
freeman that
shall go with the first governor from the port where he
embarks (or shall
meet him at the rendezvous he appoints) for the
settlement of a
plantation, there armed with a good musket, bore twelve
bullets to the
pound, with ten pounds of powder and twenty pounds of
bullets, with
bandaliers and matches convenient, and with six months
provision; for
his own person arriving there, one hundred and fifty acres
of land, English
measure; and for every able man servant, that he shall
carry with him,
armed and provided as aforesaid, and arriving there, the
like quantity of
one hundred and fifty acres of land, English measure; and
whosoever shall
send servants at that time, shall have, for every able man
servant he or she
shall send armed and provided as aforesaid, and arriving
there, the like
quantity of one hundred and fifty acres; and for every
weaker servant or
slave, male or female, exceeding the age of fourteen
years, which any
one shall send or carry, arriving there, seventy five
acres of land;
and to every christian servant, exceeding the age
aforesaid, after
the expiration of their time of service, seventy five
acres of land for
their own uses.
Secondly, Item.
To every master or mistress, that shall go before the
first day of
January, which shall be in the year of our lord 1665, one
hundred and
twenty acres of land; and for every able man servant, that he
or she shall
carry or send armed and provided as aforesaid, and arriving
within the time
aforesaid, the like quantity of one hundred and twenty
acres of land;
and for every weaker servant or slave, male or female,
exceeding the age
of fourteen years, arriving there, sixty acres of land;
and to every
christian servant, to their own use and behoof; sixty acres
of land.
Thirdly, Item. To
every free man or free woman, that shall arrive in the
said province,
armed and provided as aforesaid, within the second year,
from the first
day of January 1665, to the first day of January 1666, with
an intention to
plant, 90 acres of land, English measure; and for every
able man servant,
that he or she shall carry or send armed and provided as
aforesaid, ninety
acres of land like measure.
Fourthly, Item.
For every weaker servant or slave, aged as aforesaid, that
shall be so
carried or sent thither within the second year, as aforesaid,
forty-five acres
of land of like measure; and to every christian servant
that shall arrive
the second year, forty-five acres of land of like
measure, after
the expiration of his or their time of service, for their
own use and
behoof.
Fifthly, Item. To
every free man and free woman, armed and provided as
aforesaid, that shall
go and arrive with an intention to plant, within the
third year, from
January 1666, to January 1667, armed and provided as
aforesaid, three
score acres of land of like measure; and for every able
man servant, that
he or they shall carry or send within the said time,
armed and
provided as aforesaid, the like quantity of three score acres of
land; and for
every weaker servant or slave, aged as aforesaid, that he or
they shall carry
or send within the third year, thirty acres of land; and
to every christian
servant so carried or sent in the third year, thirty
acres of land of
like measure, after the expiration of their time of
service. All
which land, and all other that shall be possessed in the said
province, are to
be held on the same terms and conditions as is before
mentioned, and as
hereafter in the following paragraphs is more at large
expressed.
Provided always, that the before mentioned land and all other
whatsoever, that
shall be taken up and so settled in the said province,
shall afterward
from time to time for the space of thirteen years, from
the date hereof;
be held upon the conditions aforesaid, continuing one
able man servant
or two such weaker servants as aforesaid, on every
hundred acres a
master or mistress shall possess, besides what was granted
for his or her
own person; in failure of which, upon other disposure to
the present
occupant, or his assigns, there shall be three years giving to
such for their
compleating the said number of persons, or for their sale
or dispositions
of such part of their lands, as are not so peopled within
such time of
three years: If any such person holding any land, shall fail,
by himself his
agents, executors or assigns, or some other way to provide
such number of
persons, unless the general assembly shall without respect
to poverty, judge
it was impossible for the party so failing, to keep or
procure his or
her number of servants to be provided for as aforesaid; in
such case, we the
lords to have power of disposing of so much of such land
as shall not be planted
with its due number of persons as aforesaid, to
some others that
will plant the same. Provided always, that no person
arriving in the
said province, with purpose to settle (they being subjects
or naturalized as
aforesaid) be denied a grant of such proportions of
land, as at the
time of their arrival there are due to themselves or
servants, by
concession from us as aforesaid; but have full licence to
take up and
settle the same, in such order and manner as is granted or
prescrib'd. All
lands (notwithstanding the powers in the assembly
aforesaid) shall
be taken up by warrant from the governor, and confirmed
by the governor
and council, under a seal to be provided for that purpose,
in such order and
method, as shall be set down in this declaration, and
more at large in
the instruction to the governors and council.
And that the
lands may be the more regularly laid out, and all persons the
better
ascertained of their titles and possession.
First. The
governor and council and general assembly, (if any be) are to
take care, and
direct that all lands be divided by general lots, none less
than two thousand
one hundred acres, nor more than twenty-one thousand
acres in each
lot, excepting cities, towns, &c. and the near lots of
townships; and
that the same be divided into seven parts; one seventh part
to us, our heirs
and assigns; the remainder to persons as they come to
plant the same,
in such proportions as is allowed.
Secondly, Item.
That the governor, or whom he shall depute, in case of
death or absence,
if some be not before commissionated by us as aforesaid,
to give to every
person to whom land is due, a warrant, signed and sealed
by himself; and
the major part of his council, and directed to the
surveyor general,
or his deputy, commanding him to lay out, limit and
bound
[intentional space here] acres of land, (as his due proportion) is
for such a
person, in such allotment, according to the warrant; the
register having
first recorded the same, and attested the record upon the
warrant: The surveyor
general, or his deputy, shall proceed and certify to
the chief
secretary or register, the name of the person for whom he hath
laid out land, by
virtue of what authority, the date of the authority or
warrant, the
number of acres, the bounds, and on what point of compass the
several limits
thereof lye; which certificate the register is likewise to
enter in a book
to be prepared for that purpose, with an alphabetical
table, referring
to the book, that so the certificate may be the easier
found; and then
to file the certificates, and the same to keep safely: The
certificate being
entered, a warrant comprehending all the particulars
of land mentioned
in the certificate aforesaid, is to be signed and sealed
by him and his
council, or the major part of them as aforesaid, they
having seen the
entry, and directed to the register or chief secretary,
for his preparing
a grant of the land to the party for whom it is laid
out; which grant
shall be in the form following, viz.
"The lords
proprietors of the province of New-Caesaria, or New-Jersey, do
hereby grant unto
A. B. of the [town, settlement, etc.] in the province
aforesaid, a
plantation, containing [specific number of] acres, English
measure; bounding
as in the certificate, to hold to him or her, his or her
heirs and assigns
for ever, yielding and paying yearly unto the said lords
proprietors,
their heirs or assigns, every twenty fifth day of March,
according to the
English accompt, one half penny of lawful money of
England, for
every of the said acres, to be holder, as of the manor of
East Greenwich,
in free and common socage, the first payment of which
rents to begin
the 25th day of March, which shall be in the year of our
lord 1670,
according to the English accompt. Given under the seal of the
said province,
the [number] day [of named month] in the year of our lord
166[ ]."
To which
instrument the governor or his deputy, hath hereby full power to
put the seal of
the said province, and to subscribe his name; as also the
council, or major
part of them, are to subscribe their names, and then the
instrument or
grant is to be by the register recorded in the book of
records for that
purpose; all which being done according to these
instructions, we
hereby declare, that the same shall be effectual in law,
for the enjoyment
of the said plantation, and all the benefits and profits
of and in the
same, (except the half part of mines of gold and silver,)
paying the rent
as aforesaid: Provided, that if any plantation so granted,
shall by the
space of three years, be neglected to be planted with a
sufficient number
of servants as is before mentioned, that then it shall
and may be lawful
for us otherwise to dispose thereof, in whole or in
part, this grant
notwithstanding.
Thirdly, Item. We
do also grant convenient proportions of land for
highways and
streets, not exceeding one hundred feet in breadth in cities,
towns and
villages, &c. and for churches, forts, wharffs, keys, harbours,
and for publick
houses, and to each parish for the use of their ministers,
two hundred
acres, in such places as the general assembly shall appoint.
Fourthly, Item.
The governor is to take notice, that all such lands laid
out for the uses
and purposes aforesaid, in the next preceding article,
shall be free and
exempt from all rents, taxes and other charges and
duties
whatsoever, payable to us, our heirs or assigns.
Fifthly, Item.
That in laying out lands for cities, towns, villages,
boroughs, or
other hamlets, the said lands be divided into seven parts,
one seventh part whereof
to be by lot laid out for us, and the rest to be
divided to such
as shall be willing to build thereon, they paying after
the rate of one
penny or half penny per acre, (according to the value of
the land) yearly
to us, as for their other lands as aforesaid; which said
lands in the
cities and towns, &c. is to be assured to each possessor by
the same way and
instrument, as is before mentioned.
Sixthly, Item.
That all rules relating to the building of each street, or
quantity of
ground to be allotted to each house within the said respective
cities, boroughs
and towns, be wholy left, by act as aforesaid, to the
wisdom and
discretion of the general assembly.
Seventhly, Item.
That the inhabitants of the said province have free
passage thro' or
by any seas, bounds, creeks, rivers, or rivulets &c. in
the said
province, through or by which they must necessarily pass to come
from the main
ocean to any part of the province aforesaid.
Eighthly and
lastly. It shall be lawful for the representatives of the
freeholders, to
make any address to the lords, touching the governor or
council, or any
of them, or concerning any grievance whatsoever, or for
any other thing
they shall desire, without the consent of the governor and
council, or any
of them. Given under our seal of our said province, the
10th day of
February, in the year of our lord 1664.
BERKELEY,
G. CARTERET.
NUMBER II.
The concessions
and agreements of the proprietors, freeholders and
inhabitants of
the province of West New-Jersey, in America [1676].
CHAP. I.
We do consent and
agree as the best present expedient, that such persons as
shall be from
time to time deputed, nominated and appointed commissioners
by the present
proprietors, or the major part of them, by writing under
their hands and
seals, shall be commissioners for the time being, and have
power to order
and manage the estate and affairs of the said province of
West New-Jersey,
according to these our concessions hereafter following,
and to depute
others in their place and authority in case of death or
removal, and to
continue until some other persons be deputed, nominated
and appointed by
the said proprietors or the major part of them, to
succeed them in
that office and service. And the commissioners for the
time being, are
to take care, for setting forth and dividing all the lands
of the said
province as be already taken up, or by themselves shall be
taken up and
contracted for with the natives; and the said lands so taken
up and contracted
for, to divide into one hundred parts, as occasion shall
require; that is
to say, for every quantity of land that they shall from
time to time lay
out to be planted and settled upon, they shall first, for
expedition,
divide the same into ten eqial parts or shares, and for
distinction sake,
to mark in the register, and upon some of the trees
belonging to
every tenth part, with the letters A. B. and so end at the
letter K. And
after the same is so divided and marked, the said
commissioners are
to grant unto Thomas Hutchinson, of Beverly, Thomas
Pearson, of Bonwicke,
Joseph Helmsly, of Great Kelke, George Hutchinson,
of Sheffield, and
Mahlon Stacy, of Hansworth, all of the county of York,
or their lawful
deputies, or particular commissioners, for themselves and
their friends, who
are a considerable number of people, and many speedily
promote the
planting of the said province.
That they may
have free liberty to make choice of any one of the said
tenth parts or
shares, which shall be first divided and set out, being
also done with
their consent, that they may plant upon the same as they
see meet; and
afterward any other person or persons who shall go over to
inhabit, and have
purchased to the number of ten proprieties, they shall
and may have
liberty to make choice of any of the remaining parts or
shares to settle
in: And all other proprietors who shall go over to settle
as aforesaid, and
cannot make up amongst them the number of ten
proprietors; yet
nevertheless, they shall and may have liberty to make
choice of
settling in any of the said tenth shares, that shall not be
taken up before:
And the commissioners have hereby power to see the said
one tenth part,
that they shall so mnke choice of, laid out and divided
into ten
proprieties, and to allot them so many proprieties out of the
same as they have
order for; and the said commissioners are to follow
these rules,
until they receive contrary order from the major part of the
proprietors,
under their hands and seals.
The said
commissioners for the time being, have hereby power for appointing
and setting out
fit places for towns, and to limit the boundaries thereof;
and to take care
they be as regular built as the present occasion, time,
and conveniency
of the places will admit of. And that all towns to be
erected and
built, shall be with the consent of the commissioners for the
time being, or
the major part of them. And further, the said commissioners
are to order the
affairs of the said province, according to these
concessions, and
any other instructions that shall be given them by the
major part of the
proprietors, until such time as more or other
commissioners
shall be chosen by the inhabitants of West-Jersey, as here
in these
concessions is mentioned and appointed.
And it is further
expressly provided and agreed to, that whereas there is a
contract or
agreement granted by William Penn, Gawen Lawrie and Nicholas
Lucas, unto
Thomas Hutchinson, Thomas Pearson, Joseph Helmsly, George
Hutchinson and
Mahlon Stacy, dated the second day of the month called
March, 1676,
instant, wherein they grant unto the said persons, certain
privileges for a
town to be built, whereby they have liberty to choose
their own
magistrates and officers for executing the laws according to the
concessions
within the said town; which said contract or agreement is to
be held firm and
good to all intents and purposes, and we do by these our
concessions
confirm the same.
CHAP. II.
And that all and
every person and persons, may enjoy his and their just and
equal propriety
and purchase of lands, in the said province; it is hereby
agreed, concluded
and ordained, that the surveyor or surveyors, that the
said proprietors
have deputed and appointed, or shall depute and appoint;
they failing,
that the commissioners shall depute and appoint, or that the
general free
assembly hereafter shall depute and appoint, shall have power
by him or
themselves, or his or their lawful deputy or deputies, to
survey, lay out
or bound, all the proprietors lands, and all such lands as
shall be granted
from any of the proprietors to the freeholders, planters,
or inhabitants,
and a particular or terrior thereof, to certify to the
register, to be
recorded.
CHAP. III.
That hereafter
upon further settlement of the said province, the
proprietors, freeholders,
and inhabitants, resident upon the said
province, shall
and may, at or upon the five and twentieth day of the
month called
March, which shall be in the year according to the English
account, one
thousand six hundred and eighty; and so thence forward, upon
the five and
twentieth day of March yearly, by the ninth hour in the
morning of the
said day, assemble themselves together, in some publick
place to be
ordered and appointed by the commissioners for the time
being; and upon
default of such appointment, in such place as they shall
see meet, and
then and there elect of and amongst themselves, ten honest
and able men, fit
for government, to officiate and execute the place of
commissioners for
the year ensuing, and until such time as ten more for
the year then
next following, shall be elected and appointed: Which said
elections shall
be as followeth, that is to say, the inhabitants each ten
of the one
hundred proprieties, shall elect and choose one, and the one
hundred
proprieties shall be divided into ten divisions or tribes of men.
And the said
elections shall be made and distinguished by balloting
trunks, to avoid
noise and confusion, and not by voices, holding up of the
hands, or
otherwise howsoever: Which said commissioners so yearly to be
elected, shall
likewise govern and order the affairs of the said province,
(pro tempore) for
the good and welfare of the said people, and according
to these our
concessions, until such time as the general free assembly
shall be elected
and deputed in such manner and wise as is hereafter
expressed and
contained.
CHAP. IV.
And that the
planting of the said province be the more speedily promoted,
it is consented,
granted, concluded, agreed and declared,
First, That the proprietors
of the said province, have and do hereby grant
unto all persons,
who by and with the consent of one or more of any of the
proprietors of
the said province, attested by the certificate, under his
or their hands
and seals, adventure to the said province of west New-
Jersey, and shall
transport themselves or servants, before the first day
of the month
commonly called April, which shall be in the year of our lord
one thousand six
hundred seventy and seven, these following proportions,
viz. For his own
person arriving, seventy acres of land, English measure;
and for every
able man servant that he shall carry with him, and arriving
there, the like
quantity of seventy acres of land, English measure: And
whosoever shall
send servants before that time, shall have for every able
man servant, he
or they so send as aforesaid, and arriving there, the like
quantity of
seventy acres; and for every weaker servant, male or female,
exceeding the age
of fourteen years, which any one shall send or carry,
arriving there,
fifty acres of land; and after the expiration of their
time of service,
fifty acres of land for their own use and behoof, to hold
to them and their
heirs forever. All such person and persons, freemen or
servants, and
their respective heirs and assigns, afterwards paying yearly
to the
proprietor, his heirs and assigns, to whom the said lands belong,
one penny an
acre, for what shall be laid out in towns, and one half penny
an acre, for what
shall be laid out elsewhere: The first yearly payment to
begin within two
years after the lands are laid out.
Secondly, To
every master or mistress, that by and with such consent
aforesaid, shall
go hence the second year, before the first day of the
month called April,
which shall be in the year one thousand six hundred
seventy and
eight, fifty acres of land; and for every able man servant,
that he or she
shall carry or send, and arriving there, the like quantity
of fifty acres of
land; and for every weaker servant, male or female,
exceeding the age
of fourteen years, arriving there, thirty acres of land;
and after the
expiration of their service, thirty acres of land, for their
own use and
behoof; to hold to them and their heirs forever: All the said
persons, and their
respective heirs and assigns, yearly paying as
aforesaid, to the
proprietor, his heirs and assigns, to whom the land
belongs, one
penny farthing the acre, for all such lands as shall be laid
out in towns, and
three farthings the acre, for all that shall be laid out
elsewhere.
Thirdly, To every
freeman that shall arrive in the said province, within
the third year,
from the first day of the month commonly called April, in
the year one
thousand six hundred seventy and eight, to the first of the
said month called
April, one thousand six hundred seventy and nine, (with
an intention to
plant) forty acres of land, English measure; and for every
able man servant,
that he or she shall carry or send as aforesaid, forty
acres of land, of
like measure; and for every weaker servant, aged as
aforesaid, that
shall be so carried or sent thither, within the third year
as aforesaid,
twenty acres of land, of like measure; and after the
expiration of his
or their time of service, twenty acres of land for their
own use and
behoof; to hold to them and to their heirs forever: All the
said persons and
their heirs and assigns, paying yearly as aforesaid, to
the proprietor,
his heirs and assigns, with whom they contract for the
same, one penny
half penny the acre, for what shall be laid out in towns,
and one penny the
acre for what shall be laid out elsewhere. All which
lands that shall
be possessed in the said province, are to be held under,
and according to
the concessions and conditions as is before mentioned,
and as hereafter
in the following paragraph, is more at large expressed.
Provided always,
that the before mentioned land that shall be taken up
and so settled in
the province as aforesaid, shall from the date hereof,
be held upon the
conditions aforesaid, containing at least, two able men
servants, or
three such weaker servants as aforesaid, for every hundred
acres; and so
proportionably for a lesser or greater quantity as one
hundred acres,
besides what a master or mistress shall possess, which was
granted for his
or her own person; in failure of which, upon notation to
the present
occupant or his assigns, there shall be three years given to
such, for the
compleating the said number of servants, and for their sale
or other
disposure of such part of their lands as are not so peopled:
Within which time
of three years, if any persons holding any land, shall
fail by himself,
his agents, executors or assigns, or some other way, to
provide such
number of persons, (unless the general assembly shall without
respect to
poverty, judge it was impossible for the party so failing to
keep his or her
number of servants to be provided as aforesaid) in such
case the
commissioners are to summon together twelve men of the
neighbourhood,
upon such inquest, verdict and judgment past of such
default; they are
and have power of disposing of so much of such land,
for any term of
years, not exceeding 20 years, as shall not be planted
with its due
nnmber of persons as aforesaid, to some other that will plant
the same;
reserving and preserving to the proprietor, or his lawful
assigns, the
rents to become due and owing, for or in respect of the same,
according to the
tenor and effect of these concessions. And further, that
every proprietor
that goeth over in person, and inhabit in the said
province, shall
keep and maintain upon every lot of land that they shall
take up, one
person at least; and if the lot shall exceed 200 acres, he
shall keep and
maintain for every 200 acres, the like quantity of one
person at the
least.
And for all other
proprietors that doth but go over in person, and inhabit
in the said
province, shall keep and maintain upon every lot of land that
shall fall to
them, one person at the least; and if the said lot exceed
one hundred
acres, then upon every hundred acres that fall to them as
aforesaid, they
shall keep and maintain one person at the least: And if
any neglect or
deficiency shall be found in any of the proprietors, of
their keeping and
maintaining the number of persons before mentioned; that
then and in that
case, the commissioners are to dispose upon the said
lands for any
term of years not exceeding twenty, to any person or persons
that will keep
and maintain upon the said lands the number of persons as
before is
mentioned; reserving always unto the said proprietors, the rents
that shall fall
due for the same, as before is reserved and appointed to
be so. Always
provided, that the keeping and maintaining of the said
number of persons
upon the several lots and number of acres before
mentioned, is to
continue for ten years from the date of the concessions,
and no longer;
except where there have been any deficiency, so as the
commissioners
have let the lands for a longer time, to any person or
persons, they are
to enjoy the same during the term granted them by the
commissioners;
any thing in this last proviso, to the contrary
notwithstanding.
CHAP. V.
And for the
regular laying out of all lands whatsoever in the said
province, this
method is to be followed by the register and surveyor.
That the register
to be appointed as aforesaid, having recorded any grant
from any of the
proprietors, to any person, for any quantity or quantities
of acres, shall
make out a certificate to the surveyor or his deputy,
enjoining him to lay
out, limit and bound [number to be stated] acres of
land, for A. B.
out of the several lots of C. D. one of the proprietors,
in the
proportions following; that is to say, [a specific percentage] part
thereof in the
lot of said C. D. in [specific location, or named tract]
which the
surveyor or his deputy. shall lay out, limit and bound
accordingly, and
shall certify back to the register on what point of the
compass the
several limits thereof lie, and on whose lands the several
parcels butt and
bound; which last certificate shall be entered by the
said register or
his deputy, in a book for that purpose, with an
alphabetical
table of the proprietors names, and the name of the planter
or purchaser
referring to the said certilicate, shall by the said register
be endorsed in
the back of the grant, with the folio of the book in which
it is entered,
and his name subscribed to the said endorsement.
And that the
commissioners for the time being, are hereby impowered to
ascertain the
rates and fees of the public register, surveyor and other
officers, as they
shall see meet and reasonable, how much or what every
one shall pay for
registering any conveyance, deed, lease, speciality,
certificate, or
other writing; as also what shall be paid by every
proprietor for
surveying, dividing, and laying out of any lands in the
said province;
which said register, surveyor, or other officer, is not to
exact or demand
any more or greater rates as shall be established as
aforesaid.
CHAP. VI.
We do also grant
convenient portions of land for highways, and for streets,
not under one
hundred feet in breadth, in cities, towns and villages; and
for wharffs,
keys, harbours, and for publick houses, in such place as the
commissioners for
the time being (until there be a general assembly) shall
appoint; and that
all such lands laid out for the said uses and purposes,
shall be free and
exempt from all rents, taxes, and other charges and
duties
whatsoever; as also, that the inhabitants of the said province have
free passage
through or by any seas, bounds, creeks, rivers, rivulets in
the said
province, through or by which they must necessarily pass to come
from the main
ocean to any part of the province aforesaid; as also by land
in ways laid out
or through any lands not planted or enclosed.
That all the
inhabitants within the said province of West-Jersey, have the
liberty of
fishing in Delaware river, or on the sea coast; and the liberty
of hunting and
killing any deer or other wild beasts, the liberty to shoot
or take any wild
fowls within the said province. Provided always, that
they do not hunt,
kill, shoot, or take any such deer, wild beasts, or
fowls, upon the
lands that is or shall be surveyed, taken up, inclosed,
sown and planted,
except the owners of the said lands or their assigns.
CHAP. VII.
The commissioners
are to take care, that lands quietly held, planted and
possessed seven
years after its being first duly surveyed by the surveyor
or surveyors, his
or their lawful deputies, which shall be appointed by
the said
proprietors, and registered in manner as aforesaid, shall not be
subject to any
review, resurvey or alteration of bounds, upon any
pretence, or by
any pretence, or by any person or persons whatsoever.
CHAP. VIII.
The commissioners
are to take care, that no man, if his cattle stray,
range, or graze
on any ground within the said province, not actually
appropriated or
set out to particular persons, shall be liable to pay any
trespass for the
same: Provided, that custom of commons be not thereby
pretended to, nor
any person hindered from legally taking up and
appropriating any
land so grazed upon.
CHAP. IX.
The commissioners
are to see, that all courts established by the laws and
constitutions of
the general assembly, and pursuant unto those
concessions, do
execute their several duties and offices respectively,
according to the
laws in force; and to displace or punish them for
violating the
said laws, or acting contrary to their duty and trusts, as
the nature of
their offences shall require; and where they see cause of
condemnation or
sentence passd upon any person or persons, by any judge,
justice, or court
whatsoever, the said commissioners have power to
reprieve and
suspend the execution of the sentence, until the cause be
presented, with a
copy of the whole trial, proceeding and proofs, to the
next general
assembly; who may accordingly either pardon or command
execution of the
sentence on the offender or offenders, (who are to be
kept in the mean
time in safe custody until the sense of the general
assembly be known
therein.)
CHAP. X.
To act and do all
other thing or things that may conduce to the safety,
peace and
well-government of the said province, and these present
concessions, and that
all inferior officers be accountable to the
commissioners,
and they to be accountable to the general assembly. The
commissioners are
to take care, that the constables of the said province,
shall collect
such of the proprietors rents, who dwell not in the said
province, but in
England, Ireland, or Scotland; and shall pay it to the
receiver that
they shall appoint to receive the same; unless the general
assembly shall
prescribe some other way whereby they may have their rents
duly collected,
without charge and trouble to the said proprietors.
CHAP. XI.
They are not to
impose or suffer to be imposed, any tax, custom or subsidy,
tollage,
assessment, or any other duty whatsoever, upon any colour or
pretence how
specious soever, upon the said province and inhabitants
thereof, without
their own consent first had, or other than what shall be
imposed by the
authority and consent of the general assembly, and that
only in manner
and for the good ends and uses as aforesaid.
CHAP. XII.
That that the
said commissioners, registers, surveyors, and all and every
other publick
officers of trust whatsoever, already deputed and chosen, or
hereafter from
time to time to be deputed and chusen shall subscribe (in a
book or books to
be provided for that purpose) that they will truly and
faithfully
discharge their respective trusts according to the law of the
said province,
and tenor of these concessions, in their respective offices
and duties; and
do equal justice and right to all men, according to their
best skill and
judgment, without corruption, favour, or affection; and the
names of all that
shall subscribe, to be entered in the said book; and
whosoever shall
subscribe, and shall violate, break or any wise falsify
his promise after
such subscription, shall be liable to be punished or
fined, and also
be made incapable of any publick office within the said
province. The
Charter or fundamental laws of West New-Jersey, agreed upon.
CHAP. XIII.
That these
following concessions are the common law or fundamental rights
of the province
of West New-Jersey.
That the common
law or fundamental rights and privileges of West New-
Jersey, are
individually agreed upon by the proprietors and freeholders
thereof to be the
foundation of the government; which is not to be altered
by the
legislative authority, or free assembly hereafter mentioned and
constituted; but
that the said legislative authority is constituted
according to
these fundamentals, to make such laws as agree with and
maintain the said
fundamentals, and to make no laws that in the least
contradict,
differ, or vary from the said fundamentals, under what
pretence or
allegation soever.
CHAP. XIV.
But if it so
happen, that any person or persons of the said free assembly,
shall therein
designedly, wilfully and maliciously move, or excite any to
move, any matter
or thing whatsoever, that contradicts or any ways
subverts any
fundamental of the said laws in the constitution of the
government of
this province, it being proved by seven honest and reputable
persons; he or
they shall be proceded against as traitors to the said
government.
CHAP. XV.
That these
concessions, law or great charter of fundamentals, be recorded
in a fair table,
in the assembly house; and that they be read at the
beginning and
dissolving of every general free assembly: And it is further
agreed and
ordained, that the said concessions, common law, or great
charter of
fundamentals, be writ in fair tables, in every common hall of
justice within
this province; and that they be read in solemn manner four
times every year,
in the presence of the people, by the chief magistrates
of those places.
CHAP. XVI.
That no men, nor
number of men upon earth, hath power or authority to rule
over men's
consciences in religious matters; therefore it is consented,
agreed and
ordained, that no person or persons whatsoever, within the said
province, at any
time or times hereafter shall be any ways, upon any
pretence
whatsoever, called in question, or in the least punished or hurt,
either in person,
estate or privilege, for the sake of his opinion,
judgment, faith
or worship towards God, in matters of religion; but that
all and every
such person and persons, may from time to time, and at all
times, freely and
fully have and enjoy his and their judgments, and the
exercise of their
consciences, in matters of religious worship throughout
all the said
province.
CHAP. XVII.
That no
proprietor, freeholder or inhabitant of the said province of West
New-Jersey, shall
be deprived or condemned of life, limb, liberty, estate,
property, or any
ways hurt in his or their privileges, freedoms or
franchises, upon
any account whatsoever, without a due trial, and judgment
passed by twelve
good and lawful men of his neighbourhood first had; and
that in all
causes to be tried, and in all trials, the person or persons
arraigned, may
except against any of the said neighbourhood, without any
reason rendered,
(not exceeding thirty-five) and in case of any valid
reason alledged,
against every person nominated for that service
CHAP. XVIII.
And that no
proprietor, freeholder, free-denison or inhabitant in the said
province, shall
be attached, arrested, or imprisoned, for or by reason of
any debt, duty,
or other thing whatsoever, (cases felonious, criminal and
treasonable,
excepted) before he or she have personal summon or summons
left at his or
her last dwelling place, if in the said province, by some
legal authorized
officer, constituted and appointed for that purpose, to
appear in some court
of judicature for the said province, with a full and
plain account of
the cause or thing in demand; as also the name or names
of the person or
persons at whose suit, and the court where he is to
appear; and that
he hath at least fourteen days time to appear and answer
the said suit, if
he or she live or inhabit within forty miles, English,
of the said
court; and if at further distance, to have for every twenty
miles, two days
time more, for his and their appearance, and so
proportionably
for a larger distance of place.
That upon the
recording of the summons, and non-appearance of such person
and persons, a
writ or attachment shall or may be issued out to arrest or
attach the person
or persons of such defaulters, to cause his or their
appearance in such
court, returnable at a day certain, to answer the
penalty or
penalties in such suit or suits; and if he or they shall be
condemned by
legal tryal and judgment, the penalty or penalties shall be
paid and
satisfied out of his or their real or personal estate so
condemned or
cause the person or persons so condemned to lie in execution
'till
satisfaction of the debt and damages be made. Provided always, if
such person or
persons so condemned, shall pay and deliver such estate,
goods and
chattels, which he or any other person hath for his or their
use, and shall
solemnly declare and aver, that he or they have not any
further estate,
goods or chattels whatsoever, to satisfy the person or
persons (at whose
suit he or they are condemned) their respective
judgments, and
shall also bring and produce three other persons as
compurgators, who
are well known and of honest reputation, and approved of
by the
commissioners of that division where they dwell or inhabit,
which shall in
such open court likewise solemnly declare and aver, that
they believe in
their consciences, such person and persons so condemned,
have not
wherewith further to pay the said condemnation or condemnations;
he or they shall
be thence forthwith discharged from their said
imprisonment; any
law or custom to the contrary thereof heretofore in the
said province
notwithstanding. And upon such summons and default of
appearance
recorded as aforesaid, and such person and persons not
appearing within
forty days after, it shall and may be lawful for such
court of
judicature, to proceed to trial of twelve lawful men, to judgment
against such
defaulters, and issue forth execution against his or their
estate, real and
personal, to satisfy such penalty or penalties, to such
debt and damages
so recorded, as far as it shall or may extend.
CHAP. XIX.
That there shall
be in every court, three justices or commissioners, who
shall sit with
the twelve men of the neighbourhood, with them to hear all
causes, and
assist the said twelve men of the neighbourhood in cases of
law; and that
they the said justices shall pronounce such judgment as they
shall receive
from and be directed, by the said twelve men, in whom only
the judgment
resides, and not otherwise.
And in cases of
their neglect and refusal, that then one of the twelve, by
consent of the
rest, pronounce their own judgment, as the justices should
have done: And if
any judgment shall be passed in any case, civil or
criminal, by any
other person or persons, or any other way than according
to the agreement
and appointment; it shall be held null and void; and such
person or persons
so presuming to give judgment, shall be severely fined,
and upon
complaint made to the general assembly, by them be declared
incapable of any
office or trust within this province.
CHAP. XX.
That in all
matters and causes, civil and criminal, proof is to be made by
the solemn and
plain averment of at least two honest and reputable
persons; and in
case that any person or persons shall bear false witness,
and bring in his
or their evidence contrary to the truth of the matter, as
shall be made
plainly to appear; that then every such person or persons,
shall in civil
causes, suffer the penalty which would be due to the person
or persons he or
they bear witness against: And in case any witness or
witnesses on the
behalf of any person or persons indicted in a criminal
cause, shall be
found to have borne false witness, for fear, gain, malice,
or favour, and
thereby hinder the due execution of the law, and deprive
the suffering
person or persons of their due satisfaction; that then and in
all other cases
of false evidence, such person or persons shall be first
severely fined;
and next, that he or they shall forever be disabled from
being admitted in
evidence, or into any publick office, employment or
service within
this province.
CHAP. XXI.
That all and
every person and persons whatsoever, who shall prosecute or
prefer any
indictment or information against others, for any personal
injuries or
matter criminal, or shall prosecute for any other criminal
cause (treason,
murder and felony only excepted) shall and may be master
of his own
process, and have full power to forgive and remit the person or
persons offending
against him or herself only, as well before as after
judgment and
condemnation, and pardon, and remit the sentence, fine and
punishment of the
person or persons offending, be it personal or other
whatsoever.
CHAP. XXII.
That the trials
of all causes, civil and criminal, shall be heard and
decided by the
verdict or judgment of twelve honest men of the
neighbourhood,
only to be summoned and presented by the sheriff of that
division or
propriety where the fact or trespass is committed; and that no
person or persons
shall be compelled to fee any attorney or counsellor to
plead his cause,
but that all persons have free liberty to plead his own
cause if he
please: And that no person or persons imprisoned upon any
account
whatsoever, within this province, shall be obliged to pay any fees
to the officer or
officers of the said prison either when committed or
discharged.
CHAP. XXIII.
That in all
publick courts of justice for trial of causes, civil or
criminal, any
person or persons, inhabitants of the said province, may
freely come into
and attend the said courts, and hear and be present at
all or any such
trials as shall be there had or passed, that justice may
not be done in a
corner, nor in any covert manner; being intended and
resolved by the
help of the lord, and by these our concessions and
fundamentals,
that all and every person and persons inhabiting in the said
province, shall
as far as in us lies, be free from oppression and slavery.
CHAP. XXIV.
For the
preventing of fraud, deceit, collusion in bargains, sales trade and
traffick, and the
usual contests, quarrels, debates and utter ruin, which
have attended the
people in many nations, by costly, tedious, and
vexatious law
suits, and for a due settlement of estates.
It is agreed,
concluded and ordained, that there be kept a register at
London, within
the nation of England; and also another register within the
province of New
West-Jersey; and that all deeds, evidences, and
conveyances of
land, in the said province of New-West-Jersey, that shall
be executed in
England, may also be there registered; and once every year,
the register of the
said deeds and conveyances, so registered, shall be
duly transmitted
under the hands of the register, and three proprietors,
unto the
commissioners in New West-Jersey, to be enrolled in the publick
register of the
said province: As also that the chief register, which the
said proprietors
have deputed or chosen, or shall depute or choose,
failing, that the
commissioners shall depute or choose, or which the
general assembly
of the said province, hereafter mentioned, shall depute or
choose, shall keep
exact entries and registers, in fair books, or roll for
that purpose to
be provided, of all publick affairs; and therein shall
record and enter
all grants of land, from the proprietors to the planters;
and all
conveyances of land, house or houses, from man to man; as also all
assignments,
mortgages, bonds, and specialties whatsoever; and all leases
for land, house
or houses, made or to be made, from landlord to tenant,
and from person
to person; which conveyances, leases, assignments,
mortgages, bonds and
specialties, which shall be executed in West New-
Jersey, shall be
first acknowledged by the grantor, assignor and obligor,
before the said
commissioners, or two of them at least, or some two of
their lawful
deputies, for the time being; who shall under their hands,
upon the back
side of the said deed, lease, assignment, mortgage or
specialty, attest
the acknowledgment thereof as aforesaid; which shall be
a warrant for the
register to record the same; and such conveyance or
specialty, if
sealed, executed, acknowledged before three proprietors, in
the nation of
England or Ireland, and recorded or registered there, within
three months
after the date thereof; or if sealed, executed and
acknowledged in
the said province, or elsewhere out of England, and
recorded or
registered within six months after the date thereof; shall
be good an
effectual in law; and for passing or transferring of estates in
lands, tenements,
or hereditaments, shall he as effectual as if delivery
and siezen were
executed of the same: And all other conveyances, deeds,
leases or
specialties, not recorded as aforesaid, shall be of no force or
effect. And the
said register shall do all other thing or things the said
proprietors by
their instructions shall direct, or the commissioners or
assembly shall
ordain, or the good and welfare of the said province.
CHAP. XXV.
That there may be
a good understanding and friendly correspondence between
the proprietors,
freeholders, and inhabitants of the said province, and
the Indian
natives thereof.
It is concluded
and agreed, that if any of the Indian natives within the
said province,
shall or may do any wrong or injury to any of the
proprietors,
freeholders or inhabitants, in person, estate, or otherways
howsoever; upon
notice thereof; or complaint made to the commissioners, or
any two of them,
they are to give notice to the sachem, or other chief
person or
persons, that hath authority over the said Indian native or
natives, that
justice may be done, and satisfaction made to the person or
persons offended,
according to law and equity, and the nature and quality
of the offence
and injury done or committed.
And also in case
any of the proprietors, freeholders, or inhabitants,
shall any wise
wrong or injure any of the Indian natives there, in person,
estate, or
otherwise; the commissioners are to take care, upon complaint
to them made, or
any one of them, either by the Indian natives, or others,
that justice be
done to the Indian natives, and plenary satisfaction be
made them,
according to the nature and quality of the offence and injury:
And that in all
trials wherein any of the said Indian natives are
concerned, the
trial to be by six of the neighbourhood, and six of the
said Indian
natives, to be indifferently and impartially chosen by order of
the commissioners;
and that the commissioners use their endeavour to
perswade the
natives to the like way of trial; when any of the natives do
any ways wrong or
injure the said proprietors, freeholders or inhabitants,
that they choose
six of the natives, and six of the freeholders or
inhabitants, to
judge of the wrong and injury done, and to proportion
satisfaction
accordingly.
CHAP. XXVI.
It is agreed,
when any lands is to be taken up for settlements of towns, or
otherways, before
it be surveyed, the commissioners or the major part of
them, are to
appoint some persons to go to the chief of the natives
concerned in that
land, so intended to be taken up, to acquaint the
natives of their
intentions, and to give the natives what present they
shall agree upon,
for their good will or consent; and take a grant of the
same in writing,
under their hands and seals, or some other publick way
used in those
parts of the world: Which grant is to be registered in the
publick register
allowing also the natives (if they please) a copy
thereof; and that
no person or persons take up any land, but by order from
the
cornmissioners, for the time being.
CHAP. XXVII.
That no ship
master or commander of any ship or vessel, shall receive into
his ship or vessel,
to carry unto any other nation, country or plantation,
any person or
persons whatsoever, without a certificate first had and
obtained under
the hands and seals of the commissioners, or any two of
them, that the
said person or persons are clear, and may be taken on
board, signifying
that the said person or persons names have been put up
in three publick
places of the province, appointed by the commissioners
for that purpose,
for the space of three weeks, giving notice of his or
their intention
to transport themselves.
CHAP. XXVIII.
That men may
peaceably and quietly enjoy their estates.
It is agreed, if
any person or persons shall steal, rob, or take any goods
or chattels, from
or belonging to any person or persons whatsoever, he is
to make restitution
two fold, out of his or their estate; and for want of
such estate, to
be made work for his theft, for such time and times as the
nature of the
offence doth require, or until restitution be made double
for the same; or
as twelve men of the neighbourhood shall determine, being
appointed by the
commissioners, not extending either to life or limb.
If any person or
persons, shall wilfully beat, hurt, wound, assault, or
otherways abuse
the person or persons of any man, woman or child, they are
to be punished
according to the nature of the offence; which is to be
determined by
twelve men of the neighbourhood, appointed by the
commissioners.
CHAP. XXIX.
For securing
estates of persons that die, and taking care of orphans.
First. If any
person or persons die, the commissioners are to take care,
that the will of
the deceased be duly performed, and security given by
those that prove
the will; and that all wills or testaments be registered
in a publick
register appointed for that purpose; and the person or
persons that
prove the same, to bring in one true inventory under their
hands, of all the
estate of the deceased, and to have a warrant under the
hand of three
commissioners, and the publick seal of the province,
intimating, that they
have brought in an inventory of the estate, and
given security;
then, and not before, are they to dispose upon the estate.
Second. If any
person die intestate, leaving a wife and children; the
commissioners are
to take security from the person that shall administer,
to secure two
parts of the estate for the children, and the third to the
wife, if there be
any; and if there be no child, then half to the next of
kin, and the
other to the wife.
Third. If the
parents of children be dead, and no will made, then the
commissioners are
to appoint two or more persons to take the charge of the
children and
estate, and to bring an inventory of the estate to be
registered; and
that the said persons are to make good to the children,
what part of the
estate shall come unto their hands, and to give a true
account of their
receipts and disbursements, to be approved of by the
commissioners.
Fourth. If
parents die, leaving child or children, and no estate, or not
sufficient to
maintain and bring up the said child or children, in that
case the
commissioners are to appoint persons to take care for the child
or children, to
bring them up in such manner as the commissioners shall
appoint, and the
charges thereof to be borne by the publick stock of the
province; and if
none be established, then by a tax to be levied by twelve
men of the
neighbourhood with the consent of the commissioners, or the
main part of
them.
CHAP. XXX.
In cases when any
person or persons kill or destroy themselves or be
killed by any
other thing.
It is agreed, if
any man or woman shall wilfully put hand, and kill him or
herself, the
estate of such person or persons is not to be forfeited, but
the kindred,
heirs, or such other as of right the estate belongs to, may
enjoy the same;
or if any beast or ship, boat or other thing, should
occasion the
death of any person or persons nevertheless the said beast,
ship boat or
other thing is not to be forfeited; but those to whom they
belong may enjoy
the same. Provided always, that the said beast did not
wilfully kill the
said person, or hath been known to attempt, or addicted
to mischief, or
hath been found to hurt or kill any person; then the said
beast is to be
killed.
CHAP. XXXI.
All such person
or persons as shall be upon trial found guilty of murder or
treason, the
sentence and way of execution thereof is left to the general
assembly to
determine, as they in the wisdom of the lord shall judge meet
and expedient.
The general assembly and their power.
CHAP. XXXII.
That so soon as
divisions or tribes, or other such like distinctions are
made, that then
the inhabitants, freeholders, and proprietors resident in
the said
province, or several respective tribes or divisions, or
distinctions
aforesaid, do yearly and every year meet on the first day of
October, or the
eighth month, and choose one proprietor or freeholder for
each respective
propriety in the said province (the said province being to
be divided into
one hundred proprieties) to be deputies, trustees, or
representatives, for
the benefit, service, and behoof of the people of the
said province;
which body of deputies, trustees or representatives,
consisting of one
hundred persons chosen as aforesaid, shall be the
general free and
supreme assembly of the said province for the year
ensuing, and no
longer: And in case any member of the said assembly,
during the said
year, shall decease, or otherwise be rendered incapable of
that service;
that then the inhabitants of the said proprieties, shall
elect a new
member, to serve in his room, for the remainder of the said
year.
CHAP. XXXIII.
And to the end
the representative members of the yearly assembly to be
chosen, may be
regularly and impartially elected.
That no person or
persons who shall give, bestow or promise, directly or
indirectly, to
the said parties electing, any meat, drink, money or
money's worth,
for procurement of their choice and consent, shall be
capable of being
elected a member of the said assembly: And if any person
or persons, shall
be at any time corruptly elected, and sufficient proof
thereof made to
the said free assembly, such person or persons so electing
or elected, shall
be reckoned incapable to choose or sit in the said
assembly, or
execute any other publick office of trust within the said
province, for the
space of seven years thence next ensuing: And also, that
all such
elections as afore said, be not determined by the common and
confused way of
cries and voices; but by putting balls into balloting
boxes, to be
provided for that purpose, for the prevention of all
partiality, and
whereby every man may freely choose according to his own
judgment, and
honest intention.
CHAP. XXXIV.
To appoint their
own times of meeting, and to adjourn their sessions from
time to time (within
the said year) to such times and places as they shall
think fit and
convenient, as also to ascertain the number of their quorum;
provided that
such numbers be not less than one half of the whole, in whom
(or more) shall
be the full power of the general assembly; and that the
votes of two
thirds of the said quorum, or more of them, if assembled
together as
aforesaid, shall be determinative in all cases whatsoever
coming in
question before, them, consonant and conformable to these
concessions and
fundamentals.
CHAP. XXXV.
That the said
proprietors and freeholders, and their choice of persons, to
serve them in the
general and free assemblies of the province, give their
respective
deputies or trustees, their instructions at large, to represent
their grievances,
or for the improvement of the province; and that the
persons chosen,
do by indentures under hand and seal, covenant and oblige
themselves to act
nothing in that capacity, but what shall tend to the fit
service and
behoof of those that send and employ them; and that in case of
failure of trust,
of breach of covenant, that they be questioned upon
complaint made,
in that or the next assembly, by any of their respective
electors.
And that each
member of the assembly, chosen as aforesaid, be allowed one
shilling per day,
during the time of the sitting of the general assembly,
that thereby he
may he known to be the servant of the people: Which
allowance of one
shilling per day, is to be paid him by the inhabitants of
the propriety or division
that shall elect him.
CHAP. XXXVI.
That in every
general free assembly, every respective member hath liberty
of speech; that
no man be interrupted when speaking; that all questions be
stated with
deliberation, and liberty for amendments; that it be put by
the chairman, by
them to be chosen, and determined by plurality of votes;
Also that every
member has power of entering his protest, and reasons of
protestations.
And that if any member of such assembly shall require to
have the persons
names registered, according to their yeas and nos, that
it be accordingly
done: And that after debates are past, and the question
agreed upon, the
doors of the house to be set open, and the people have
liberty to come
in to hear, and be witnesses of the votes, and the
inclinations of
the persons voting.
CHAP. XXXVII.
And that the said
assembly do elect, constitute and appoint ten honest and
able men, to be
commissioners of estate, for managing and carrying on the
affairs of the
said province, according to the law therein established,
during the
adjouruments and dissolutions of the said general free
assembly, for the
conservation and tranquility of the same.
CHAP. XXXVIII.
That it shall be
lawful for any person or persons, during the session of
any general free
assembly in that province, to address, remonstrate or
declare, any
suffering, danger or grievance, or to propose, tender or
request, any
privilege, profit or advantage to the said province, they not
exceeding the
number of one hundred persons.
CHAP. XXXIX.
To enact and make
all such laws, acts, and constitutions, as shall be
necessary for the
well government of the said province, (and them to
repeal) provided,
that the same be as near as may be, conveniently
agreeable to the
primitive, antient and fundamental laws of the nation of
England. Provided
also, that they be not against any of these our
concessions or
fundamentals, before or hereafter mentioned.
CHAP. XL.
By act as
aforesaid, to constitute all courts, together with the limits,
powers and
jurisdictions of the same (consonant to these concessions) as
also the several
judges, officers and number of officers belonging to each
court, to
continue such time as they shall see meet, not exceeding one
year, or two at
the most, with their respective salaries, fees and
perquisites, and
their appellations; with the penalties that shall be
inflicted upon
them for the breach of their several and respective duties
and trusts; and
that no person or persons whatsoever, inhabitants of the
said province,
shall sustain or bear two offices in the said province, at
one and the same
time.
CHAP. XLI.
That all the
justices and constables be chosen by the people; and all
commissioners of
the publick seals, treasuries and chief-justices,
embassadors and collectors,
be chosen by the general free assembly.
CHAP. XLII.
That the
commissioners of the treasury of the said province, bring in their
account at the
end of their year, unto the general free assembly, there to
be seen and
adjusted; and that every respective member carry a copy
thereof unto that
hundred or propriety he serves, for to be registered in
the capital
publick court of that propriety.
CHAP. XLIII.
By act as
aforesaid, to lay equal taxes and assessments, and to raise
money or goods,
upon all lands or persons within the several proprieties,
precincts,
hundreds, tribes, or whatsoever other divisions shall hereafter
be made and
established in the said province, as oft as necessity shall
require; and in
such manner as to them shall seem most equal and easy for
the inhabitants;
in order to the better supporting of the publick charge
of the said
government, as also for the publick benefit and advantage of
the said people
and province.
CHAP. XLIV.
By act as
aforesaid, to sub-divide the said province into hundreds,
proprieties, or
such other divisions and distinctions, as they shall think
fit; and the said
divisions to distinguish by such names as shall be
thought good; as
also within the said province to direct and appoint
places for such
and so many towns, cities, ports, harbours, creeks, and
other places for
the convenient lading and unlading of goods and
merchandize, out
of the ships, boats, and other vessels, as shall be
expedient; with
such jurisdictions, privileges and franchises to such
cities, ports,
harbours, creeks or other places, as they shall judge most
conducing to the
general good of the said province and people thereof; and
to erect, raise
and build within the said province, or any part thereof,
such and so many
market towns and villages; and also appoint such and so
many markets and
fairs, and in such place and places, as they shall see
meet, from time
to time, as the grant made and assigned unto the said
proprietors will
permit and admit.
In testimony and
witness of our consent to and affirmation of these present
laws, concessions
and agreements: We, the proprietors, freeholders, and
inhabitants of
the said province of West New Jersey, whose names are under
written, have to
the same voluntarily and freely set our hands, dated this
third day of the
month commonly called March, in the year of our Lord one
thousand six
hundred seventy six:
Gawen Lawrie, Wm.
Penn, Wm. Emley, Josh. Wright, Nicho. Lucas, Wm. Haig,
Wm. Peachee,
Rich. Matthews, John Harris, Francis Collins, Wm. Kent, Benj.
Scot, Tho.
Lambert, Tho. Hooton, Henry Stacy, Edw. Byllinge, Rich. Smith,
Edw. Nelthorp,
John Penford, Dan. Wills, Thomas Olive, Tho. Rudyard,
William Biddle,
Robert Stacy, John Farrington, Wm. Roydon, Rich. Mew,
Percival Towle,
Mahlon Stacy, Tho. Budd, Sam. Jenings, John Lambert, Will.
Heulings, George
Deacon, John Thomson, Edw. Bradway, Rich. Guy, James
Nevill, Wm.
Cantwell, Fospe Ontstout, Machgijel Baron, Casper Herman,
Turrse Psese,
Robert Kemble, John Corneliesse, Garrat Van Jumne, Wm. Gill
Johnson, Mich.
Lackerouse, Markus Algus, Evert Aldricks, Hendrick Everson,
Jules Tomesen,
Claas Jansen, Paul Doequet, Aert Jansen, John Surige, Tho.
Smith, James
Pearce, Edw. Webb, John Pledger, Rich. Wilkison, Christo.
Sanders, Renear Van
Hurst, William Johnson, Charles Bagley, Sam. Wade,
Tho. Woodrose,
John Smith, Tho. Peirce, Will. Warner, Joseph Ware, Isaac
Smart, And.
Thomson, Thomas Kent, Henry Jenings, Rich. Wortsaw,
Christopher
White, John Maddocks, John Forrest, James Vickory, William
Rumsey, Rich.
Robinson, Mark Reeve, Thomas Watson, Sam. Nicholson, Dan.
Smith, Rich.
Daniel, Will. Penton, Will. Daniel, Robert Zane, Walter
Peiterson,
Anthony Page, Andrew Bartleson, Woolley Woollison, Anthony
Dixon, John
Derme, Tho. Benson, John Pain, Rich. Briffington, Sam. Lovett,
Henry Stubbens,
Will. Willis, George Haselwood, Roger Pedrick, Will.
Hughes, Abra. Van
Highest, Hipolitas Lefever, Will. Wilkinson, Andrew
Shenneck, Lause
Cornelious, Sam. Hedge, Will. Massler, John Grubb, John
Worlidge, Edw.
Meyer, Tho. Barton, Robt. Powel, Tho. Harding, Matthew
Allen, Bernard
Devenish, Thomas Stokes, Thomas French, Isaac Marriott,
John Butcher,
George Hutcheson, Tho. Gardiner, Tho. Eves, John Borton,
John Paine,
Eleazer Fenton, Samuel Oldale, Will. Blak, Anthony Woodhouse,
Dan. Leeds, John
Pancoast, Francis Belwicke, Will. Luswall, John Snowdon,
Rich. Fenemore,
Gruna Jacobson, Tho. Scholey, Tho. Wright, Godfrey
Hancock, John
Petty, Abraham Heulings, John Newbould, John White, John
Roberts, John
Wood, John Gosling, Tho. Revell.
History of
Nova Caesarea - End of Part 12
Intro
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Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 10
Part 11
Part 12
Part 13
Part 14
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Intro
Part 1
Part 2
Part 3
Part 4
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Part 6
Part 7
Part 8
Part 9
Part 10
Part 11
Part 12
Part 13
Part 14
History of Nova
Caesarea - Part 13
NUMBER III
A brief account
of the province of East-Jersey, in America, published by
the present
proprietors, for information of all such persons who are or
may be inclined
to settle themselves, families and servants in that
country.
To say anything
in the praise, or much in the description of a country so
well known, would
seem needless: The late accounts and descriptions of the
adjacent
countries, West-Jersey and Pennsylvania, which are much of the
same nature,
&c. might suffice; but considering that in foreign colonies,
yea, here in
England, every particular county has some excellency in soil,
product or
situation, that may affect and delight many persons, beyond the
places adjacent: We
may, for the satisfaction of such, give some brief
account thereof.
First, This
province or colony lies between thirty-nine and forty-one
degrees of
latitude, being about twelve degrees more to the south than the
city of London;
and is bounded south east by the main sea; east by that
vast navigable
stream, called Hudson's river, which divides this from the
province of
New-York; west by a line of division, which separates this
province from
West-Jersey; and north upon the main land, and extends
itself in length
on the sea coast, and along Hudson's river, one hundred
English miles,
and upwards.
Second, The
conveniency of situation, temperature of air, and fertility of
soil, is such,
that there's no less than seven considerable towns, towns,
viz. Shrewsbury,
Middletown, Bergen, Newark, Elizabeth-Town, Woodbridge,
and Piscataway;
which are well inhabited by a sober and industrious
people, who have
necessary provisions for themselves and families, and for
the comfortable
entertainment of strangers and travellers; and this colony
is experimentally
found generaly to agree with English constitutions.
Third, For
navigation, it hath these advantages, not only to be situate
along the
navigable part of Hudson's river, but lies also fifty miles on
the main sea; and
near the midst of this province, is that noted bay for
ships, within
Sandy-Hook, very well known not to be inferior to any
harbour in
America, where ships not only harbour in greatest storms, but
there ride safe
with all winds, and sail in and out thence as well in
winter as summer.
Fourth, For
fishery, the sea banks there are very well stored with variety
of fish; for not
only such as are profitable for transportation, but such
also as are fit
for food there, as whales, cod-fish, cole and hake fish,
large mackrell,
and also many other sorts of flat and small fish. The bay
also, and
Hudson's river, are plentifully stored with sturgeon, great
bass; and other
scale fish, eels and shell-fish, as oysters, &c. in great
plenty, and easy
to take.
Fifth, This
country is also plentifully supplied with lovely springs,
rivulets, inland
rivers, and creeks, which fall into the sea and Hudson's
river; in which
is also much plenty and variety of fresh fish and water
fowl.
Sixth, There is
great plenty of oak timber, fit for shipping, and masts for
ships, and other
variety of wood, like the adjacent colonies, as chesnut,
walnut, poplar,
cedar, ash, fir, &c. fit for building within the country.
Seventh, The land
or soil (as in other places) varies in goodness and
richness; but
generally fertile, and with much smaller labour than in
England: It
produceth plentiful crops of all sorts of English grain,
besides Indian
corn, which the English planters find not only to be of
vast increase,
but very wholsome and good in its use; it also produceth
good flax and
hemp, which they now spin and manufacture into linnen cloth.
There's
sufficient meadow and marsh to their uplands; and the very barrens
there as they are
called, are not like some in England; but produce grass
fit for grazing
cattle in summer season.
Eighth, The
country is well stored with wild deer, conies and wild fowl of
several sorts, as
turkeys, pigeons, partridges, plover, quails, wild
swans, geese,
ducks, &c. in great plenty; It produceth variety of good and
delicious fruits,
as grapes, plumbs, mulberries and also apricots,
peaches, pears,
apples, quinces, water melons, &c. which are here in
England planted
in orchards and gardens; these, as also many other fruits,
which come not to
perfection in England, are the more natural product of
this country.
Ninth, There is
also already great store of horses, cows, hogs, and some
sheep, which may
be bought at reasonable prices, with English monies or
English
commodities, or man's labour, where money and goods are wanting.
Tenth, What sort
of mines or minerals are in the bowels of the earth, after
time must
produce, the inhabitants not having yet employed themselves in
search thereof;
but there is already a smelting furnace and forge set up
in this colony,
where is made good iron, which is of great benefit to the
country.
Eleventh, It is
exceedingly well furnished with safe and convenient
harbours for
shipping, which is of great advantage to that country, and
affords already
for exportation, great plenty of horses, and also beef,
pork, pipe
staves, boards, bread, flower, wheat, barley, rye, Indian corn,
butter and
cheese, which they export for Barbadoes, Jamaica, Nevis, and
other adjacent
islands, as also to Portugal, Spain, the Canaries, &c.
Their whale oil
and whale finns, beaver, mink, raccoon and martin skins,
(which this
country produceth) they transport for England. Twelfth. The
situation and
soil of this country may invite many who are inclined to
transport
themselves into those parts of America: For,
1. It being
considerably peopled, and situate on the sea coast, with
convenient
harbours, and so near adjacent to the province of New-York and
Long-Island,
being also well-peopled colonies, may be proper for merchants,
tradesmen, and
navigators.
2. Its likewise
proper for such who are inclined to fishery, the whole
coast and very
harbours mouths being fit for it; which has been no small
rise to the
New-England people, and may be here carried on also with great
advantage.
3. For its soil,
its proper for all industrious husbandmen, and such, who
by hard labour
here, on rack rents, are scarce able to maintain
themselves, much
less to raise any estate for their children, may, with
God's blessing on
their labours, there live comfortably, and provide well
for their families.
4. For
carpenters, bricklayers, masons, smiths, mill-wrights. and
wheel-wrights,
bakers, tanners, taylors, weavers, shoe-makers, hatters,
and all or most
handicrafts, where their labour is much more valued than
in these parts,
and provisions much cheaper.
5. And chiefly
for such of the above-mentioned, or any other who upon
solid grounds and
weighty considerations, are inclined in their minds to
go into those
parts; without which their going there cannot be
comfortable, or
answer their expectation.
Thirteen, The
Indian natives in this country are but few, comparative to
the neighbouring
colonies; and those that are there, are so far from being
formidable or
injurious to the planters and inhabitants, that they are
really serviceable
and advantagious to the English, not only in hunting
and taking the
deer, and other wild creatures, and catching of fish and
fowl fit for
food, in their seasons, but in the killing and destroying of
bears, wolves,
foxes, and other vermine and peltry, whose skins and furrs
they bring the
English, and sell at less price than the value of time an
English man must
spend to take them.
Fourteen, As for
the constitutions of the country, they were made anno dom.
1664, and in the
time of John lord Berkely, and sir George Carteret, the
late proprietors
thereof; in which such provision was made for liberty in
matters of
religion, and property in their estates; that under the terms
thereof, that
colony has been considerably peopled, and that much from the
adjacent
countries, where they have not only for many years enjoyed their
estates,
according to the concessions: but also an uninterrupted exercise
of their
particular persuasions in matters of religion: And we the present
proprietors, do
determine, so soon as any persons here in England, or
elsewhere, are
willing to be engaged with us, we shall be ready and
desirous to make
such further additions and supplements to the said
constitutions, as
shall be thought fit, for the encouragement of all
planters and adventurers,
and for the further settling the said colony
with a sober and
industrious people.
Fifteen, Having
with all possible brevity, given an account of the
country, we shall
say something as to the disposition of lands there.
1. Our purpose
is, if the lord permit, with all convenient expedition, to
erect and build
one principal town; which by reason of situation must in
all probability
be the most considerable for merchandize, trade and
fishery in those
parts; it is designed to be placed upon a neck or point
of rich land,
called Ambo point, lying on Rariton river, and pointing to
Sandy Hook bay,
and near adjacent to the place where ships in that great
harbour commonly
ride at anchor; a scheme of which is already drawn, and
those who shall desire
to be satisfied therewith may treat for a
share thereof.
2. As for
encouragement of servants, &c. we allow the same privileges as
was provided in
the concessions at first.
3. Such who are
desirous to purchase any land in this province, free from
all charge, and
to pay down their purchase monies here, for any quantities
of acres; or that
desire to take up lands there, upon any small quit rents
to be reserved;
shall have grants to them and their heirs, on moderate and
reasonable terms.
4. Those who are
desirous to transport themselves into those parts before
the purchase, if
any thing there present to their satisfaction, we doubt
not but the terms
of purchase will be so moderate, equal and encouraging,
that may engage
them to settle in that colony.
Our purpose being
with all possible expedition to dispitch persons hither,
with whom they
may treat; and who shall have our full power in the
premises. As for
passage to this province, ships are going hence the whole
year about, as
well in winter as summer, Sandy-Hook bay being never
frozen: The usual
price is five pounds per head, as well masters or
servants, who are
above ten years of age; all under ten years, and not
children at the
breast, pay fifty shillings; sucking children pay nothing;
carriage of goods
is usually forty shillings per ton, and sometimes less,
as we can agree;
the cheapest and chiefest time of the year for passage,
is from midsummer
'till the latter end of September, when many Virginia
and Maryland ships
are going out of England into those parts; and such
who take then
their voyage, arrive usually in good time to plant corn
sufficient for
next summer.
The goods to be
carried there, are, first, for people's own use, all sorts
of apparel and
household stuff, and also utensils for husbandry and
building:
secondly, linnen and woollen cloths and stuffs, fitting for
apparel, &c.
which are fit for merchandize and truck there in the country,
and that to good
advantage for the importer, of which further account will
be given to the
enquirer. Lastly, Although this country, by reason of its
being already
considerably inhabited, may afford many conveniencies to
strangers, of
which unpeopled countries are destitute, as lodging,
victualing,
&c. yet all persons inclining unto those parts, must know,
that in their
settlement there, they will find their exercises; they must
have their winter
as well as summer; they must labour before they reap,
and, 'till their
plantations be cleared (in summer time) they must expect
(as in all those
countries) the musketos, flies, gnats, and such like,
may, in hot and
fair weather, give them some disturbance where people
provide not
against them; which, as land is cleared, are less troublesome.
And all such
persons who desire to be concerned, may repair to Thomas
Rudyard or
Benjamin Clark, in George-Yard, in Lombard-street; where they
may view the
constitutions, the scheme of the intended town, the map of
the country, and
treat on terms of purchase. William Penn, Robert West,
Thomas Rudyard,
Samuel Groom, Thomas Hart, Richard Mew, Thomas Willcocks,
Ambrose Rigg,
John Heywood, Hugh Hartshorne, Clement Plumstead, Thomas
Cooper, are the
present proprietors of East-Jersey; but their purpose is
to take in twelve
persons more, to make up the number of proprietors
twenty-four.
Proposals by the
proprietors of East-Jersey, in Amarica, for the building
of a town on Ambo
Point, and for the dieposition of lands in that
province; and
also for encouragement of artificers and labourers that
shall transport
themselves thither out of England, Scotland, and Ireland.
Forasmuch as Ambo
Point, is a sweet, wholesome, and delightful place,
proper for trade,
by reason of its commodious situation, upon a safe
harbour, being
likewise accommodated with a navigable river, and fresh
water, and hath
by many persons of the greatest experience and best
judgment, been
approved for the goodness of the air, soil and situation;
We, the
proprietors, purpose by the help of Almighty God, with all
convenient speed,
to build a convenient town, for merchandize, trade and
fishery on Ambo
Point; and because persons that hath a desire to plant
there, may not be
disappointed for want of proposals, we, the proprietors,
offer these
following:
First. We intend
to divide fifteen hundred acres of land upon Ambo Point,
into one hundred
and fifty lots; which lots shall consist of ten acres the
lot; one hundred
of the lots we are willing to sell here, and fifty we
reserve for such
as are in America, and have long desired to settle there,
Secondly. The
price of each lot will be fifteen pounds sterling, to such
who purchase
before the 25th of December, 1682; and to such who purchase
afterwards,
before the 25th of December, 1683, twenty pounds sterling.
Thirdly. Every
lot is to be as equally divided as the goodness of the place
doth require, and
the situation can admit.
Fourthly. The
most convenient spot of ground for a town, shall be divided
into one hundred
and fifty equal shares, and set out into streets,
according to rules
of art; and no person shall be preferred before another
in choice,
whether purchaser or proprietor.
Fifthly. We
reserve four acres for a market place, town-house, &c. and
three acres for
publick wharfage.
Sixthly. Each
purchaser is obliged to build a dwelling house in the place
designed for the
town, and to clear three acres of up land, in three
years, or else
the proprietors to be reinstated in such lots wherein
default is made,
repaying the purchase money.
Seventhly. We the
proprietors do within a year, hope, by Gods assistance,
to build for each
of us, one house upon Ambo point; which we intend shall
stand in an
orderly manner, according to the best and most convenient
model. And in
pursuance of the design of the propositions abovesaid.
Eighthly. And for
the encouragement of carpenters, joiners, brick and tile
makers,
bricklayers, masons, sawyers, and labourers of all sorts, who are
willing to go and
employ themselves and servants, in helping to clear
ground, and build
houses upon the general account of and for the
proprietors, the
said proprietors will engage to find them work, and
current pay for
the same, in money or clothes, and provision, of which
there is plenty
(as beef, pork, corn, &c.) according to the market price
at New-York,
during the space of one year at least, next after the 25th of
December, 1682;
in which time (through God's blessing and their industry)
they may have got
wherewith to buy cows, horses, hogs, and other goods, to
stock that land, which
they in the mean time may take up, according to
the concessions;
neither shall such persons pay rent for their said land,
so long as they
are employed in the proprietors work; and their wages
shall at all
times be so much as other such artificers and labourers, in
the said province
usually have; nor shall they be obliged to work for the
proprietors
longer than they find encouragement so to do.
Ninthly. And for
the more ready and certain employing those workmen and
labourers that
shall transport themselves to East-Jersey, this is to let
all labourers and
persons that shall transport themselves know, they must
upon their
arrival upon that place, repair to the register of the
abovesaid
province, and enter themselves according to their respective
qualities and
designs, and thereupon they shall be entered into the
service and pay
of the proprietors.
For disposition
of land in East Jersey.
The governor of
East-Jersey, by and with the advice of his council, is to
direct, that all
lands to be set and laid out for counties, tribes,
cities, or
parishes, according to the general concessions of the said
province, be
bounded and set out in manner following, viz. That all such
lands be divided
into seven equal lots or parts; one of which seven parts
is to be first set
out by lot for the use of the proprietors; and the
other six parts
to be taken up according to the folowing concessions:
First. That the
planting of the said province may be the more effectually
promoted, We do
hereby grant unto all persons who shall transport
themselves, their
wives or children, unto East-Jersey, and settle there
according to the
following concessions, by the twenty fifth of December
1684, twenty-five
acres of land for each head, whether wife, child or
servant, which servant
shall be bound to serve the term of three years at
least within the
said province; and for every such master of a family,
fifty acres; the
said persons so imported are to be registered in the
secretary's book
of entries to be kept for that purpose; and the importer
to pay to the
secretary for fees of attending that service, and entring
them, twelve
pence each head; and every servant, male or female, who shall
be so imported
and registered by the 25th of December, 1684, shall, at the
expiration of their
time, have liberty to take up the quantity of thirty
acres for their
own uses; and all the aforesaid importers, and persons
imported, who are
hereby allowed to take up land, shall have and enjoy the
same, under the
terms and concessions following:
Secondly.
Forasmuch as this province is already considerably peopled and
improved (there
being seven towns at least already settled upon it by
English people)
and that no person is constrained by our concessions, to
take up and pay
for land which is barren and unprofitable; nor can it be
reasonably
supposed, that people should in this province, be now exposed
to the like
hazards and difficulties that others must look to meet with in
those plantations
that are less inhabited and more remote, and for
situation by sea
and land, not so commodiously placed for trade: Therefore
we think it very
reasonable and moderate, that all and every person and
persons, shall
have his and their respective quantities of lands set out
at two pence an
acre, yearly rent, to be paid into our receivers office,
either in money
sterling, or in such commodities as the growth or trade of
the province
affords at the merchants price there; but whosoever is
willing to buy
off his yearly rent, and become a freeholder, may so do
paying after the
rate of twelve years purchase, which comes to fifty
shillings for a
lot of twenty-five acres, and so paying after the same
rate, for a
greater or lesser quantity.
Thirdly. And
forasmuch as it will be most commodious for planters to live
together, whereby
they may be a meet help to each other; It is ordered,
that all the
purchasers and takers up of land, shall sit down by some
village or
township already laid out, or to be laid out hereafter, in the
said province;
and having chosen the village or township, which shall be
most convenient
and profitable for their business, the surveyor general
shall set forth
to the said persons, such quantity of lands, to them
granted out of
the aforesaid six parts, which are not then taken up; they
paying to the
said surveyor general, the usual rate of surveying in the
said province;
and if any person going or sending over, is willing to have
a greater parcel
of land than twenty-five acres, he may purchase, but not
more than one
hundred acres; he paying down, at the sealing of his grant,
for the same,
after the rate of ten pounds by the hundred acres; and so
more or less for
a greater or lesser quantity.
Fourthly. And if
any person is willing to buy land, and yet for the
present is not
disposed to plant there; he may so do, paying down here for
his grant to the
proprietors, according to the rate aforesaid. Provided,
that all those
persons, who by these concessions shall take up land, be
enjoined to build
one dwelling house, on some part of their land, within
the space of seven
years, next after the 25th of December, 1682; and in
case of default,
one half of their land to return back to the proprietors.
NUMBER IV.
Governor Coxe's
narrative reletting to the division line, directed to the
council of proprietors
of West-Jersey [1687].
I was desired to
give a meeting to the proprietors of East-Jersey, where
were present,
governor Berkeley, lord Campbell, lord Melford, secretary of
state for
Scotland, Mr. Penn, Mr. Ward, and six or eight more; they
presented me the
original of an agreement between the commissioners of
both Jersies, in
order to run the partition point; and withal a map;
whereby it is
obvious at the first glance, that above a third part of that
land, which was
ever accounted to belong to West-Jersey, is allotted to,
and comprehended
within the limits of East-Jersey: They desired my
concurrence to
this agreement, as being first in its own nature a most
just and equal
division or quantity: Secondly, agreed on by commissioners,
on both sides: Thirdly,
according to Mr. Byllinge's instructions, who had
impowered his
commissioners to make an equal division: I answered in
behalf of your
colony and of myself, that first, the division was very
unjust in its own
nature; and secondly, that if it were otherwise; yet I
did apprehend,
they, who made the agreement, were not legally or
sufficiently
empowered.
And first, as to
the injustice of the division; I declared, I thought they
ought to have
regard unto the letter of the agreement between sir George
Carteret and Mr.
Edward Byllinge; the line was to run from Little Egg-
Harbour, unto the
most northerly branch of Delaware river, in forty one
degrees forty
minutes: They denied there was any such branch; I shewed
them in their own
map, made by Mr. George Keith, a river running into
Delaware, whose
head is near another of Esopus river; they urging that to
be a most
unconscionable division, and that it would cut off two thirds of
their country;
that in the map printed from that original, whereon the
partition line
was drawn, they had a far greater scope of land; I offered
them to calculate
the proportion of land in both Jersies, from the map or
chart; and upon
the division, they should have a like proportion unto what
was therein allotted
them; which would have been about the third of the
whole: They
approved not thereof: I proffered lastly, to comply with the
second line,
which was proposed by our arbitrators, whereby we gave them a
large tract of
land, whereunto they had no right: which sheweth, that we
were both willing
to come to an agreement, in our demands, moderate,
favourable and
friendly, in our concessions: I added, that the lands
actually in their
possession, or sold unto others before the line was
agreed to be run,
should be annexed unto, and for the future, accounted
part of their
country; which, according to their own concession, were some
of the most rich,
healthful, and pleasant tracts of land in either Jersies:
Neither would
this please; they insisted upon the agreement, and would
either have it
performed or sue the bond: I was somewhat perplex'd how to
preserve our own
right, and secure our friends from harm; but being
willing, as I
have been, to deny myself any private benefit for publick
utility, when
they pressed they had either power or not: If power, then
all were obliged
- if not, they in particular: I answered, they might
apprehend
themselves to have power; but really had it not; as appears by
the protestations
of the body of the proprietors and inhabitants of
West-Jersey,
wherewith the lord Campbell had acquainted me: And they
themselves are
likewise sensible, that they proceeded not only beyond but
contrary to their
commission; and as for the bonds, they could not be
sued, so long as
they did upon no overt act oppose such agreement; and the
very utmost they
could require from them, was so much land as came to
their share upon
a new division, according to the deed of partition,
whereunto they
had signed. I then proceeded to confute their pretensions
from an equal
division, shewing there was not the least foot steps for
such a claim in
the deed of partition: I desired them to consider, that
West-Jersey
proprietors gave above eighteen thousand pounds for the land,
which cost not East-Jersey
proprietors much above four thousand pounds,
and for many
years last past, proprieties of West-Jersey have been valued
very little below
those of East-Jersey; which was merely upon the account
of the opinion
all persons; had the proprietors of East-Jersey, themselves
not excepted,
that our part exceeded theirs at least two-thirds in
quantity of land:
I was myself almost two years, owner of an intire
propriety in
East-Jersey, and continually heard their complaints; nor did
I ever hear any
mention of a right to an equal division, as to quantity of
land, only
valuing themselves upon the goodness of their land, and
conveniency of
harbours; which were open all the winter. And as for the
pretension, that
Mr. Byllinge gave commission for an equal division; we
could produce
hundreds of witnesses, that his great argument unto all
purchasers, was,
that West Jersey was three times as large as East, and
equal I am a
witness, that he intended only equitable according to the
agreement or deed
of partition; which diverse can testify. But I added
withal, that if
he had given a commission, I thought it not valid, without
the consent and
concurrence of the major part of the proprietors; before
he sold the land,
he might have disposed it at pleasure, and receded from
his own rights;
but having sold the land, the proprietors were to take
care, they had
their due, according to the deed of partition; upon which
terms they
bought. For Mr. Byllinge, when he granted the pretended
commission of
division, was possessed only of one single propriety, as
he confessed unto
diverse, having disposed of seventy, by absolute sale,
and mortgaged the
other twenty nine for eight thousand pounds; and tho' I
was not willing
to suspect any thing of Mr. Byllinge; yet let any consider
whether it was
fit, that an indigent person, when he had sold his land,
should have it in
his power to give away the moiety, under pretence of a
power to adjust
the division, for which he might receive a great sum of
money, if favourably
determined on the behalf of those with whom we
contended: And
therefore, no division can be accounted just and legal,
which hath not
the consent and concurrence of the majority of the
proprietors: I
declared unto them, we had thereupon appointed a general
meeting, and we
should acquaint them with the result of our consultation,
if they complied
with our proposal: and that it be likewise assented to by
the majority of
the proprietors in West-Jersey, it should become a final
decision, and be
entered in both our records, as upon such occasion is
usual; on the
contrary, if they would not hearken to a fair and just
proposal, wherein
we shall recede considerably from our right; we will
declare ourselves
free, and maintain the line according to the deed, until
they can, either
by course at common law, or by an appeal into his
majesty, make an
alteration: And the owners of about forty proprieties in
and about the
city, do request all those who are present in West-Jersey,
to lay claim
unto, and account as your own just right, all that land from
Egg-Harbour, to
the north branch of Delaware, according to the letter of
the agreement in
the deed of partition, until the proprietors of East-
Jersey have
totally abandoned all pretensions unto this last, subtilly
contrived,
pretended agreement; for if they have recourse to the common
law, I am very
confident, above two parts of three, will become
undoubtedly ours.
If they appeal to the king; we have not only confidence
in his common
justice, and unbiassed respect unto all his subjects, but a
particular hope,
that his majesty will remember the time and manner, and
other
circumstances of the division; how sir George Carteret assured his
highness (he
being duke of York) that he chose the least part, because near
unto his
government of New-York. It is likewise well known, and can be
attested by
diverse, that sir George Carteret did value his share, tho' by
him acknowledged
not half so large as the other; yet abundantly preferable
upon the account
of its being well settled with a sober and industrious
people, which
would invite others to come there, Whereas the other was a
desart, and so
little esteemed for some time, that land in East-Jersey
sold ordinarily
eight, and often ten times the value which was given for
land in West-Jersey:
It had the advantage of seven fair towns, inhabited
by 3500 people;
as appears by a list I have: They well accommodated with
corn and stock,
able to supply at easy rates, new-comers with corn and
cattle; which
cost the first settlers of West-Jersey a third more: Besides
the neighbourhood
of New-York, a place of great trade, where they could be
readily supplied
with whatsoever cloaths, utensils, &c. they wanted. I
flattered myself
with hopes, that Mr. Penn, a person of great ability and
interest among
the proprietors of New-Jersey, and who hath often professed
a great kindness
for the inhabitants of West-Jersey, would have afforded
me some
assistance, and moderated at the least the violence of the
current, upon the
pretended agreement; but he hath frustrated my
expectation, by
complying with them in all things, and signed with the
rest; which I
confess was extreamely surprizing to me: and will, I doubt
not, appear a
little strange to divers amongst you: I could not imagine any
considerate
indifferent person could approve so unreasonable and
surreptitious an
award: But I perceive, that which most influenced him, is
a persuasion that
the division ought to be equal in quantity, and is
confirmed therein
by a passage in Mr. Byllinge's commission for settling
bounds; wherein
he uses the word equal; and is persuaded, being herein
influenced by Mr.
Keith's false map, of which I have sent you a copy, that
Mr. Reid's
proposal is very fair and an exact equal division of the
country. I do not
herein charge Mr. Penn with any fault, who I believe
acts according to
his convictions but I only acquaint you herewith, that
you may
understand your own misfortune, for had not Mr. Penn embraced our
interest, we
should probably have made a more speedy and advantageous
agreement the
proprietors being mightily fortified by his countenance and
authouty to
adhere to the late award, only as a great argument of their
moderation and
justice: They have made an order signed likewise by Mr.
Penn, that if upon
a new survey, it appears this agreement give them the
greater moiety,
they will refund so much as may reduce it to an exact
quantity. It was
a great defect on your part, to agree upon a division
either with
New-York or East-Jersey, until you had a most exact survey of
the country; they
of New York and East-Jersey, have in this respect,
exercised the
highest prudence, knowing the whole country to a little, and
thereby have both
overreached you. I have seen their draughts, than which
nothing can be
more exact; but they dare not yet print them, 'till they
have adjusted the
affair with you, lest their own maps should rise up
witness against
them: And considering how curiously and diversely Rariton
south, and
Passaick river are branched, I judge their country, quantity
for quantity,
double the value of ours: I never yet saw any maps of West-
Jersey, in the
least comparable to these of East-Jersey; I have sent you a
pattern of one
part of their country, tho' they have a draught of every
parcel, and ten
times more large and particular than this. I do therefore
make it my
serious advice, and earnest request, that you will, with all
speed, cause a
very particular map to he made of your country: I do not
mean of every
propriety or plantation, but a true account of the length,
with a note, if
any part of the country be extraordinary barren; where
those barrens
are, and of what extent: I had almost forgot to tell you a
pretty policy of
Mr. Keith and John Reid, I suppose by direction from some
of their
superiors: The draughts they produce for division, are not in the
least according
to truth, nor according to those they sent their
proprietors,
whereof I having been two years of East-Jersey, have most
certain
knowledge, and exact copies of their own draughts, to compare
them; but in
those maps they produce for division, they make our country
towards the sea
and bay, near double the bigness it really bears, and
their own almost
half as little as really it is; thence arguing for the
reasonableness of
addition unto the true line; and indeed that which they
pretend an equal
division, to say nothing of its exceeding ours, generally
speaking in
goodness; it is above a fifth part greater in quantity, so
that having
received upon all hands, so unfair dealings, I declare it unto
you all, as my
opinion and advice; and if I have any authority amongst
you, I intreat
and require, that you treat not with them any further about
any
accommodation, nor own that pretended to be already made; but stand by
the letter of the
agreement between sir George Carteret and Mr. Byllinge,
viz. That the
line be run directly from the east side of Little
Egg-Harbour, unto
the most northerly branch of Delaware river, in forty one
degrees and forty
minutes: And I question not, but we shall bring them to
more reasonable
terms than any they have hitherto proposed; at least no
pains nor cost
shall be wanting on my part; and I have the concurrence of
all our
proprietors, Mr. Penn excepted, whom I could any ways meet with or
consult: And whereas
I am very credibly informed that the proprietors of
East-Jersey, have
ordered lands to be taken up in divers places near the
new pretended
line of partition; that having possession, upon are view
they may have a
more spacious claim; if any attempt of this nature be
made, I do not
only protest against it, but request and desire that all
the inhabitants
of West-Jersey do the same; and at the same time, the
surveyor of
West-Jersey, or his deputy, do immediately take up in my name,
all that land
which is westerly of the Mill-Stone and Rariton river, which
was not actually
in their possession of East-Jersey, at the time of their
pretended award
between Mr. Emley and Reid: You will better understand my
mind by the
inclosed map, which is a copy exactly drawn from one of their
originals; and we
favour them very much in going no further, (for
according to
strictness, our line runs within three miles of Perth city)
and by allowing
them that great tract of most excellent land, from thence
to the meeting of
Millstone and Rariton river. I shall add one thing more,
which seemeth to
me of the greatest consequence: I beseech you let there
be no animosity
or indignation, severe censure, or spightful reflections,
on those who gave
their consent unto the award made by Emley: For my part,
I am fully
satisfied in the honesty and fairness of their intentions; but
the best of men
may be overreached by cunning designing persons; forget
what's past, and
live together as becomes christians, and neighbours and
countrymen. As I
have taken care that the publick shall not suffer by
their act, so I
shall likewise endeavour to secure them from any trouble,
only they cannot
act in conjunction with the rest of the proprietors;
concerning which
I shall give them particular instructions; in the
interim, I remain
your most affectionate friend*,
DAN. COXE.
* The papers here
and before introduced, relating to the division line
between East and
West-Jersey, appeared to be those best adapted to give a
general insight
into the proceeding; and the reader may rest assured that
they were not
selected with the least partial biass to either side of the
question; but if
contrary to expectation, it should be hereafter found
that any thing
material to the purpose is omitted, upon its being properly
pointed out,
endeavours will be used, with the utmost candour, to have
such emiasion
supplied, or the matter otherwise rectified, asfar as
opportunity may
allow.
NUMBER V.
The council of
proprietors of West-Jersey, to governor Burnet.
To his excellency
William Burnet, esq; captain general and commander in
chief of the
province of New-Jersey, &c. and the honourable his majesty's
council there
met.
In obedience to
an order of council, appointing a time to the proprietors
for exhibiting
their reasons, why the bill for repealing an act for
running and
ascertaining the line of partition between the eastern and
western division
of New-Jersey, now lying before the council, should not
pass. We for
ourselves, and in behalf of those for whom we are concerned
with, other the
proprietors of New-Jersey; humbly beg leave to represent
as followeth,
viz.
That king Charles
the second having by letters patent in the year 1663,
granted to his
brother, his royal highness the duke of York, and his heirs
and assigns, all
those tracts of land in America, of which the colonies of
New-York and
New-Jersey, now consist; his royal highness by good deeds and
conveyances in
the law, granted all that part called the province of New-
Jersey, as it is
now bounded by the sea, Hudson's river, Delaware bay and
river; and a
strait line running from the latitude of 41 degrees, on the
west side of
Hudson's river, to the latitude of 41 degrees 40 minutes, on
the east side of
Delaware river; unto the right honourable John lord
Berkeley, and sir
George Carteret, and to their heirs and assigns for ever.
That the said
lord Berkeley, by like deeds, granted his moiety or half
part of the said
tract or province, unto John Fenwicke, in trust for
Edward Byllinge;
and the said Fenwicke, by other like deeds duly executed,
declaring the
said trust, granted nine tenth parts or ninety hundredth
parts of all the
said moiety, which the said lord Berkeley had conveyed to
him as aforesaid,
unto William Penn, Gawen Lawrie, and Nicholas Lucas, in
trust for the said
Edward Byllinge.
That the said sir
George Carteret, and the said Edward Byllinge, and
trustees, upon a
full and absolute agreement among themselves, for
dividing the said
premisses into two equal parts in value, by indenture
quintipartite;
dated the first of July, 1676, did accorddingly divide the
said land, by a
line to be run from little Egg-Harbour, to a certain
station point in
the latitude of 41 degrees 40 nainutes, on the most
northerly branch
of Delaware river; by which the easterly part was
ascertained to
sir George Carteret, and the westerly to said Edward
Byllinge and
trustees.
That after the
said partition so agreed, the said Edward Byllinge, and
trustees,
proceeded to grant and convey the said Edward Byllinge's part or
share, being
nine-tenth parts of the western moiety, unto several
purchasers, under
whom most, or all the lands of the said western division
are held,
excepting only Salem tenth; and that the proprietor of the said
tenth acquiesed
also in the same, can be anticiently proved: And in all
and every of
those deeds of conveyance, the said indentures quinti-
partite, and
divisions made thereby, are recited as the foundation on
which all those
grants respectively are made in the said westerly part or
division.
That after the
said sir George Carteret's decease, his widow and executrix,
who was thereunto
fully impowered, granted all the easterly part of the
said province, to
certain purchasers, called the proprietors of East
Jersey, by sundry
deeds and conveyances, all which deeds in like manner
recite the
aforesaid indenture's quinti-partite, as the foundation on
which all those
grants in the eastern division are made respectively.
That it is only
by force of this agreement and partition, executed as
aforesaid, that the
proprietors of the western division are limited to the
western part of
the said province, on the side of Delaware; and that the
proprietors of
the eastern division are limited to the eastern part of the
said province
towards Hudson's river and the sea; for had no such division
been agreed on,
as is recited in all the respective deeds of conveyance to
the proprietors,
those of the western division, might with an equal right,
have claimed the
land towards Amboy, &c. and those of the eastern might
have claimed the
lands towards Burlington. But the said quanti-partite
indenture being
executed as aforesaid, before the sales to the proprietors
were made, and
recited in all the deeds of conveyance, became an absolute
limitation; so
that neither on the one part nor on the other, any purchasor
could claim
otherwise than according to that limitation, by which their
lands were
actually conveyed.
That
notwithstanding this legal, clear and absolute partition, which is
binding on every
proprietor of the eastern division, and at least on all
the nine tenth
parts of the western division, sold by Edward Byllinge, or
his trustees, and
from which, those who are skilled in the law, well know
it is impossible
legally to recede, without the joint concurrence of every
individual
interested on the purchases made under Edward Byllinge, and
trustees, and
under sir George Carteret; for it is well known, that no
majority without
the whole will in these cases determine the point; yet
there have been
some persons found from time to time, who on partial views
to themselves,
have laboured to introduce some other sort of division; and
considerable
numbers have been so far unhappily imposed upon, as to
imagine a change
thereof might be practicable, from which unfortunate
deception,
attempts have been made to alter it, and some lines for that
purpose have been
run, and settlements thereupon made, without due regard
to the true
bounds of the respective divisions; which introduced such
confusion, that the
value of lands near the boundaries, have been much
lessened, and the
people discouraged from making improvements, where the
right to the soil
itself was liable to be questioned, as not lying within
the division,
under which it was purchased.
That the mischevious
consequences and manifest irregularities of those
attempts, as well
as their injustice and iconsistency with law and reason;
being at length
maturely considered under the administration of your
excellency's
honourable predecessor, brigadier Hunter; a bill was
prepared, not
only for causing the aforesaid partition line, directed by
the
quinti-partite indentures as aforesaid, to be actually run, as the
only legal
division that could be made, and which might well at any time
have been run, by
the tenour of the proprietors general deeds, without any
leave, if means
could have been readily found to defray the charge; but it
was also more
especially provided in the said bill, for the settlement of
all those who by
any mistake had seated themselves, or taken up their
lands, without
the bounds of their respective divisions, in which they
ought to have
been surveyed, that they should all be served in their
respective
possessions, by the exchange of an equivalent, granted by each
division to the
other; which method was judged to be the only practicable
means of making
all those inhabitants easy and safe, in all their
improvements and
estates; and accordingly the said bill, though at first
exploded in the
assembly, as being brought into the house somewhat too
late in time; yet
when admitted, was passed by the governor and council,
and by the same
house, without one dissenting vote.
And in pursuance
thereof, with the concurrence and assistance of the
several provinces
concerned, the station point, at the latitude of 41
degrees 40
minutes, upon Delaware, was fixed, and random lines were
carefully run
along the whole distance of the two extreme points, that the
true line itself
might be run with the greater certainty and ease: It was
therefore
astonishing to us, to find (as your excellency and honourable
council have been
plessed to make known to us) that it should enter into
any man's
thoughts, to solicit the repeal of an act grounded on so solid
and unmovable a
foundation in law on one part, and on such justice and
equity on the
other, as we have here humbly represented; and this even
without the least
offer of any other plan for remedy of the evils under
which this
province has so long laboured for want of a due settlement in
the premises.
Nor can we
conceive what motives could possibly induce any inhabitant of
the province, to
endeavour to sap the very foundation, of all our
settlements,
unless there should be any of the opinion, that a just,
regular and final
determination of the boundaries, and a clear and quiet
establishment
should not quadrate with their particular interests; and
that they may
hope for greater advantages from their own boundless claims
in a state of
confusion: That there may be something of this kind in view,
we have but too
great reason to apprehend from the strenous endeavours
used of late to
diffuse groundless jealousies and false insinuations among
the people of the
western division, as if the lesser proprietors would by
the late act, be
in danger of losing their fourth dividends, while the
greater would be
secure in the possession of theirs; the absurdity of
which, the act
itself, with the common method of taking up those lesser
fourth dividends,
will fully evince; as also introduce new and
extraordinary
methods of splitting the smallest shares for qualifying
votes for the
council of proprietors, who at this time consist of a number
of men, whose
shares (one gentleman only excepted) will not, as we are
well assured, amount
to two proprieties in the whole; nor were their
electors much
differently qualified, as upon a scrutiny, may be fully made
to appear.
But as your
excellency's principal concern, is the peace and prosperity of
the people,
committed by his majesty to your care; and no subjects can be
more deeply
interested in the same, than his majesty's honourable council
for the same
province; and as your wisdom we doubt not will as clearly
see, as your
justice will dispense, and order what may most conduce to
those desirable
ends; in a firm dependance therefore on both these, we
shall crave the
liberty to pray, that the said bill now lying before the
council, for
repealing that most useful act, may be rejected; and that
instead of
yielding to what might engage his majesty's province in future
confusions, your
excellency and the council, together with the assembly,
would be
favourably pleased to encourage such other proposals as may be
made, for happily
ending all manner of controversies and disputes,
concerning the estates
of the people of the said province.
John Ladd, for
himself and Col. John Alford; John Budd, for self and
Boulton; John
Kay, Wm. Cooper, Francis Rawle, Jun., Charles Brogden, Samuel
Lippincott, John
Snowden, Jun., Isaac DeCow, for himself and Samuel Barker;
Matthews
Gardiner, Isaac Pearson, William Pancoast; William Riles, Isaac
Watson, William
Rawle, Thomas Sharp, for self and John Dennis; John
Estaugh, for the
London company, John and William Dimsdale, Peter Rich,
Benjamin Hopkins
and self; William Biddle, Hugh Sharp, Henry Hodge, Robert
Rawle, George
Budd; James Logan for proprieties, William Penn's family 12,
John Bellers 1,
Amos Sttretle 1, myself 1/3; Richard Hill for Nath.
Stanbury, Mary
Willson. [note punctuation]
NUMBER VI.
Reasons and proposals
for an amendment of the Quinti-partite line, and the
act made for the
conftrmation thereof.
First, Because
the act was passed without the knowledge or consent of
numbers of the
proprietors, and the allowing or disallowing the line,
being matter of
property, and of great consequence to them; it is
conceived to be
against natural justice to pass any law, to dispose of
their private
property without their consent.
Second, Because
there was another line more fairly and equally agreed to
by the governors,
and majority of the proprietors of each division, and
actually run at
great expence.
Third, Because
the act is deficient in divers instances, and particularly
in this; that
tho' by the act, the quantity of land in each division, is
to be the same, yet
the quality thereof is not regarded, and may be
extreamly
different; the eastern division being well known to contain
considerable more
good land than the western; which, with the addition of
Staten-Island,
which it's presumed is their right, will make their share
considerable more
in value than what must fall to the western proprietors;
and particular
persons may be very much prejudiced thereby; for an equal
number of acres
of land, up at Mohockamack, or in any of the upper parts,
would scarcely be
thought an equivalent to any individual, for the loss of
a tract in the
lower part of the province.
[The
"Fourth" appears to be omitted, but the following Appendix,
"Number
VII," the
East-Jersey Proprietor's answer to these complaints, refers "To
the Fourth" as
having to do with mistakes and delays related to the actual
running of the
quintipartite line. - Ed.]
Fifth, That
several tracts of lands, since the making of that act, have
been taken up
both by western and eastern proprietors, which the line,
when run, may
cast into the opposite division from that they were thought
to be; and as
this mistake would not have happened but from the neglect of
running the line,
it would be hard they should suffer, and would therefore
be proper to fall
on measures to secure them in their possessions.
Sixth, The
commissioners and surveyors are not limited from, but have it in
their power to
give away (under pretence of an equilant) the estate of any
one proprietor,
if in the fourth dividend, tho' it should amount to 10 or
20,000 acres, and
that before sold or disposed of.
Seventh, That
many of the proprietors and purchasers in West-Jersey, had,
before the making
of that act, sold several tracts of land, surveyed and
recorded in right
of a fourth dividend, which may fall to the eastward of
the
quinti-partite line, tho' they were to the westward of the line agreed
to by Coxe and
Barclay, (which at that time was universally esteemed to he
the true line)
yet by this act the purchaser may be ousted of his
freehold, and the
vender liable to he sued and put to great charge; which
is an
inconveniency proper to be considered and redressed. It is therefore
proposed, that
the proprietors of each division, should consent to an
amendment of the
above grievances, and that an equivalent be given to the
western
proprietors, for the loss of that gore of land between the quinti-
partite line, and
that commonly called the scotch line, up to the south
branch of
Rariton: and also for so much of that tract of land lying in the
forks of the north
branch of Rariton, held under eastern rights, should it
be confirmed to
the eastern proprietors pursuant to that act, it being
always received
to be in the western division by the agreement made
between Coxe and
Barclay.
NUMBER VII.
At a council of
proprietors held at the city of Perth-Amboy, August 17,
1742.
PRESENT: John
Hamilton, esq; president; Mr. Dunstar; Robert Hunter Morris,
esq, for Mr.
Ashfield's propriety; Mr. Peters, for Messrs. Penns.; Mr.
Leonard; Mr.
Alexander; Mr. Nevill; Mr. Johnston; Mr. Smythe; Mr. Burnet;
Mr. Foreman.
This board having
had under consideration, at its several meetings in and
since September
last, the paper delivered by the western proprietors,
entitled, reasons
and proposals for an amendment of the quinti-partite
line, and the act
made for the confirmation thereof, have hitherto delayed
coming to any
resolutions; in order that all the members might thereby
have an
opportunity of weighing and giving their judgments in a matter so
nearly affecting
their interest; and the same being now maturely
considered at a
full board, it is unanimmisly agreed, to return the
following answers
to the several articles of the said paper.
To the first, it
is the opinion of this board, that though the act might
have passed
without the knowledge and consent of some of the proprietors
of the western
division of New-Jersey, yet they have reason to believe, it
was warmly
solicited by such as were owners of a great number of the
shares, and past
with the consent of a greater number of those
proprietors, than
ever hath been, or can be got to agree to any alteration
of that act: As
to the quinti-partite line, the deed of 1676, by which it
was agreed on,
having been executed by all the then proprietors of the
eastern and
western divisions of New-Jersey, did legally establish that
partition line;
and being so established, it wanted not the authority
of that act to
make it binding on all parties thereto, and their assigns;
nor does that
act, as we conceive, by establishing that line, dispose of
any man's
property.
To the second,
this board has been informed, and believes, that in the year
1686, the
lieutenant governors of the eastern and western divisions of
New-Jersey,
entered into bonds of arbitration, to stand to the award of
John Reid and
William Emley, concerning the partition line between East
and West-Jersey;
and that those arbitrators made an award of the course
which such line
should run from little Egg-Harbour; and that the following
year George
Keith, surveyor general of the eastern division; did, as we
believe, at their
expence, actually run the line so awarded, from little
Egg Harbour, to
Dobies plantation, on the south branch of Rariton; which
is upwards of
sixty miles.
This board has
likewise been informed, and believes, that another partition
line was
afterwards agreed on between the chief governors doctor Coxe and
Robert Barclay;
but has not heard of any part thereof being afterwards
actually run; and
it appears not by any thing on our records, that either
of those two
lines were made binding on the proprietors of either
division, or with
consent of the majority of the proprietors; and had they
been with such
consent, yet could they not thereby have appeared to alter
the
quinti-partite line before agreed to by all the proprietors.
To the third, we
know nothing in the act that supposes the quantity of
land in each
division to be the same; nor do we conceive after the
execution of the
quinti-partite deed, that the proprietors of either
division had any
concern with the quantity or quality of the land of the
other division;
tho' were it a matter proper to be enquired into, we have
reason to
believe, that the western division would be found to contain a
much greater
number of acres, even including Staten-Island, than the
eastern division.
To the fourth,
there has been many applications from the eastern to the
western
proprietors, to join in the running the quinti-partite line
according to the
act, and the eastern proprietors have always been ready
to join in that
work; and if any mistakes have happened such as the
article sets
forth, its but reason they should suffer, seeing the
proprietors of
both sides were sufficiently warned by that act, of the
danger of such
mistakes, and ought to place their loss thereby to the
account of those
who have been the cause of the delay of the running of the
line.
To the fifth and
sixth, we are of opinion, that the act was principally
framed, with a
view to prevent the inconveniencies set forth in these
articles, and is
sufficiently worded to answer the ends.
As to the
equivalent proposed by the said paper to be given to the western
proprietors, we
conceive, that the act has fully provided a remedy for an
equivalent to
that division, to which it shall be found to belong. And
upon the whole,
as the act was passed with the consent of a very great
number of
proprietors, especially of the western division, and as the act
has received the
royal assent, so that no alteration can be made therein
but by the king's
express assent first had: And as it might be of very
dangerous
consequence, to alter or attempt the altering any part thereof;
and as we believe
the consent cannot be had of so great a number of the
proprietors to
any alteration, as there was to the making of the act; we
cannot agree to
any the least alteration therein; and hope the western
division
proprietors will join with the eastern proprietors in the running
of the line, and
estimating the equivalent, pursuant to the act: And that
the work may be
begun this fall, and carried on in the manner proposed by
the minute of
this board, of the 28th of May, 1741, (whereof a copy was
then sent to the
western proprietors) or in such other reasonable manner
as can be agreed
on; and hope, that we may not be laid under any necessity
of running the
line exparte, or of taking any compulsory method for
settling the
equivalent; and in hopes that things so disagreeable, might
have been
avoided, we have hitherto delayed the having recourse to them.
Ordered, that Mr.
Johnston, Mr. Nevill, Mr. Burnet, Mr. Leonard and Mr.
Smyth, or any
three of them, be a committee to agree with the western
division
proprietors, upon the time, ways, and means for running the said
line, pursuant to
the act; having regard to the former minutes of this
board concerning
the same, and to employ the persons necessary for the
work in behalf of
the eastern proprietors; which committee are to be ready
at Perth-Amboy at
any time, until the end of March next; to meet or
correspond with a
committee of the western proprietors for the above
purpose.
Ordered, that if
any other of the members of this board, be at Perth-Amboy,
that they be
admitted into the said committee.
Lawr. Smyth,
register to the council of proprietors.
NUMBER VIII.
To the King's most
excellent majesty.
The remonstrance
and humble petition of your majesty's most loyal subjects,
inhabiting in
your majesty's province of East New-Jersey, in America.
Humbly sheweth,
That whereas your
majesty's humble petitioners did remove and settle
themselves into
the said province of East New-Jersey, and by virtue of a
licence from the
honourable colonel Richard Nichols, governor of the said
province, under
his then royal highness the duke of York, to purchase
lands of the
native pagans; did, according to the said licence, purchase
lands of the said
natives, at their own proper costs and charges; and
whereas since his
said royal highness did sell and transfer all his right
and interest to
the said province of East New-Jersey, to certain
proprietors; by
whose licence, several others your majesty's loyal
subjects, have
also since purchased lands at their own proper costs and
charges, of the
native pagans of the same place; whereby they humbly
conceive they
have acquired and gained a right and property to the said
lands so
purchased; yet notwithstanding, your majesty's loyal subjects are
molested,
disturbed and dispossessed of their said lands, by the said
proprietors or
their agents; who under pretence and colour of having
bought the
government, with the soil, have distrained from, and ejected
several persons
for and under the pretence of quit rent, and lord's rent;
whereby your
majesty's liege subjects have been sued, and put to great
trouble and
charges, and have been compelled to answer to vexatious
actions; and
after they have defended their own rights, and obtained
judgment in their
favour, could not have their charges, as according to
law they ought to
have; but have been forced to sit down under the loss of
several hundreds
of pounds, sustained by their unjust molestations.
And farther,
notwithstanding your majesty's liege subjects have purchased
their lands at
their own proper costs and charges, by virtue of the
aforesaid
licence; yet the said proprietors, governors or agents, without
any pretended
process of law, have given and granted great part of the
said lands, by
patent, to several of the said proprietors and others, as
to them seemed
fit.
And
notwithstanding their pretence to government, yet they left us from
the latter end of
June, 1689, 'till about the latter end of August, 1692,
without any
government, and that too in the time of actual war; so that
had the enemy
made a descent upon us, as we were without any military
officers to
command or give directions, in order to our defence, or
magistrates to
put the laws in execution; and during the whole time, the
said proprietors
have governed this your majesty's province, they have
never taken care
to preserve or defend us from the native pagans, or other
enemies, by
sending or providing any arms, ammunition or stores; but
rather have
provoked and incensed the said natives to make war upon us, by
surveying and
patenting their lands, contrary to their liking, without
purchasing the
same from them, or making any satisfaction in consideration
thereof; and
sometimes when the said natives have sold and disposed their
lands, as to them
seemed meet, they the said proprietors have disposed of
the same to
others, or else found them who had the property in it, to
purchase it of
them, upon their own terms; which the said natives have
highly resented,
and often complained of, and (may justly be feared) wait
only for an
opportunity to revenge it upon the inhabitants of this your
majesty's
province.
And further to manifest
the illegal and arbitrary proceedings of the said
proprietors, in
contempt of your majesty's laws, and against their own
knowledge,
signified in a letter by them to the council here in East New-
Jersey, wherein
they say as followeth: "We have been obliged against our
own inclinations
to dismiss colonel Hamilton from the government, because
of a late act of
parliament disabling all scotchmen to serve in places of
publick trust and
profit, and obliging all proprietors of colonies to
present their respective
governors to the king, for his approbation; so we
have appointed
our friend Jeremiah Basse, to succeed colonel Hamilton in
government, whom
we have also presented to the king, and by him he is
owned and
approved of." Notwithstanding which letter, they have superseded
the said Jeremiah
Basse (whom they wrote was approved by your majesty) and
have
commissionated the said colonel Hamilton, without your majesty's
royal
approbation; although removed before by them, as a person disabled
by law; who now
by virtue of their, the said proprietors commission only,
would impose
himself upon us as governor; and when in government before,
superseded by the
aforesaid Basse, was by them continued about a year
after the 25th of
March 1697, without taking the oath enjoined by law; and
doth now presume
to exercise government, not having legally taken the said
oath, or having
your majesty's royal approbation. The said proprietors of
East New-Jersey,
have also, in contempt of your majesty's known laws,
commissionated a
native of Scotland to be secretary and attorney-general
of this your
majesty's province; (being both places of the greatest trust
next to the
governor) and one of the same nation to be clerk of the
supreme court of
this your majesty's province; which may be of ill
consequence, in
relation to the act of trade and navigation, and to the
great hindrance
of your majesty's loyal subjects, (the power of government
being chiefly in
the hands of natives of Scotland) from informing against
any illegal or
fradulent trading, by Scotchmen, or others in the province.
We your majesty's
loyal subjects, labouring under these, and many other
grievances and
oppressions, by the proprietors of this your majesty's
province of East
New-Jersey; do in most humble manner, lay ourselves
before your
majesty (the fouutain of justice) humbly imploring your
majesty will be
graciously pleased, according to your princely wisdom, to
take into
consideration our evil circumstances, under the present
proprietors, (if
the right of government is invested in them) and that
your majesty will
be graciously pleased to give your royal orders to the
said proprietors,
that with your majesty's royal approbation, they
commissionate for
governor, a fit person qualified according to law, who as
an indifferent
judge, may decide the controversies arising between the
proprietors and
the inhabitants of this your majesty's province; and
settle all the
differences, which at present they labour under; and your
majesty's
petitioners as in duty bound, shall ever pray.
John Royce,
Samuel Walker, Vincent Rugnion.
Memorandum.
Besides these three, there are 221 more in the original.
NUMBER. IX.
To the right
honorable the lords of the council of trade and foreign
plantations.
The memorial of
the proprietors of East New-Jersey, in America.
The proprietors
having in all their applications to this honourable board,
shewed an
aversion to have any controversy with his majesty; as by their
several
expedients in their memorials laid before your lordships may
appear; and considering
how often the near neighbourhood of East-Jersey to
New York, (the
most important frontier belonging to the crown of England,
in North-America)
has been urged upon them, to induce them to a
resignation of
their govemment; they do hereby declare themselves ready to
surrender the
same to his majesty; although the government was the chief
motive of
purchasing the said province, which they did by the opinion and
advice of eminent
council, learned in the law; upon the credit of which,
and the confirmation
by king Charles the second, of the title to the
grantees, their
heirs and assigns, as absolute proprietors and governors
(as by his
proclamation hereunto annexed does appear) they have buried
great part of
their estates in building, and planting the country; and at
their own expence
maintained the government for several years past, as
well as before
his majesty's happy succession to the crown, as ever since;
and have not
received any returns whatsoever, for all their labour and
cost to this day.
In consideration of the premisses, the proprietors do,
in humble
confidence, rely on his majesty's justice and goodness, to
confirm to the
proprietors and planters respectively, the following rights
and privileges;
to render them (at least) as easy under his majesty's
government, as
when under the proprietors; towards which they presume to
enumerate the
following particulars, viz.
First, That his
majesty will be graciously pleased to confirm to them, the
soil and lands of
the said province, and the quit rents reserved upon the
grants made, or
to be made to the planters or others.
Second, That upon
the annexation of the government of the said province, to
that of New-York,
the port of Perth-Amboy may be established, for entering
ships, and importing
goods there, and exporting goods from thence, without
being obliged to
enter their ships at any other place; paying the same, or
like custom to
his majesty, as are or shall from time to time, be payable
at New-York.
Third, To have
free liberty to trade with any Indians, or other
inhabitants of
America, without interruption; and the proprietors to have
the sole
privilege (as always hath been practised) of purchasing from the
Indians, all such
lands lying within East-Jersey, as yet remain
unpurchased from
them.
Fourth, All
necessary officers and courts ofjustice, for administration of
justice, in cases
criminal and civil, to be appointed and held in East-
Jersey; in the
same manner as is practised within the government of New-
York; and that
the inhabitants may not be obliged to go to New-York, or be
impleaded there,
for any criminal or civil matter arising within East-
Jersey, nor be
compelled to serve upon juries, or in any ministerial
office within the
province of New-York.
Fifth, That a
superior court be held twice a year, at Perth-Amboy, before
which writs of
error, or appeals (in the nature of writs of error) from
other courts
within the province, may be brought and determined.
Sixth, That the
public register, and all records relating to the said
province, may be
kept at Perth-Amboy, and not removed to any other place;
and that the
constituting of the secretary and register, and the surveyor
general of the
said province of East New-Jersey, remain in the proprietors.
Seventh, That the
same number of counties be continued in East Jersey, as
there are at
present, and by the same names; and that each county in East
Jersey, may
choose and send as many representatives to the general
assembly, to be
held for New-York and East-Jersey, as are or shall be
chosen by any
county in New-York; and if any more counties shall be
hereafter created
or appointed in New-York, as many may be created and
appointed in
East-Jersey.
Eighth, That a
proportionable number of the inhabitants of East-Jersey, may
be appointed to
be of the governor's council, at all general assemblies,
and to have votes
therein.
Ninth, That the
twenty-four proprietors may be lords of the soil, and hold
courts for the
lands in their proprietyships, and appoint all officers
that relate thereunto.
Tenth, No person
or persons whatsoever, to be molested or deprived of any
civil right or
privilege, or rendered uncapable of holding any office or
employment in the
government, because of their religious principles; the
province being
planted by protestant people of divers persuasions, to whom
that liberty was
an original encouragement.
Eleventh, That
all wills of persons dying within East-Jersey, and letters
of administration
of estates lying there, may be made and granted by the
chief judge of
East-Jersey, for the time being, who is to reside there,
and a register
thereof kept at Perth-Amboy.
Twelfth, That the
proprietors still have their powers continued, to grant
markets and fairs
in the said province.
Thirteenth, Lastly,
all lands, goods and chattles of felons, felons of
themselves,
deodands, fugitives, persons outlawed and put in exigent,
waifs, estrays,
treasure trove, mines and minerals, royal mines, wrecks,
royal fish, that
shall be forfeited, found or taken within East-Jersey, or
by the
inhabitants thereof, within the seas adjacent, to remain to the
proprietors, with
all other privileges and advantages, as amply as in the
grant and
confirmation to them of the fourteenth of March, 1682.
And because many
of the proprietors of East-Jersey, are also proprietors of
West-Jersey; it
is humbly desired, that colonel Andrew Hamilton, may be
dispatched by
this board, to the government of West-Jersey; his presence
being much wanted
there, for the convenience of his majesty's subjects in
that province.
Signed by order, and on behalf of the proprietors.
WILLIAM DOCKWRA,
secretary and register.
NUMBER X.
Opinion aud
answer of the lords commissioners for trade and plantations,
to the memorial
of the prorietors of E. N. Jersey in America, signed by
Mr. Dockwra and
received from him the 5th of July, 1699.*
ARTICLE I. We
have no objection to what is herein desired.
ARTICLE II. We
conceive his majesty may do what is herein proposed, in case
the proprietors
accept of a new charter, with such conditions as are
reasonable, with
relation to their propriety; but that it is very improper
for his majesty
to oblige himself to a compliance with this article by any
clause in the new
charter.
ARTICLE III. The first
part of this article is unreasonable; since it may
happen to be
sometimes advisable to restrain this liberty: But the
proprietors of
East-Jersey may have the same liberty granted them of
trading with the
Indians, as is granted to the inhabitants of New-York, or
any other
plantation in America, under his maiesty's immediate government;
what relates to
the purchasing of land may be allowed.
ARTICLE IV. The
first part of this article, we conceive, may be fit to be
allowed,
(provided the officers be appointed by the king's governor) but
not without
appeals in civil matters, to the king's governor and council,
and to the king
in council; nor so as to hinder trials in criminal
matters, by his
majesty's especial commission, to be executed either in
New-York, or
East-Jersey, as shall be thought fit; New-York and East-
Jersey being to
be accounted one province, without distinction, except as
to the propriety
of lands, and the domium utile.
ARTICLE V. This
article we think fit to be allowed of, provided there be a
further appeal to
the governor of New-York, and council, which is to
consist as well
of the inhabitants of East-Jersey, as of those of New-
York,
indifferently.
ARTICLE VI. What
relates to the publick register and records, to be kept at
Perth-Amboy, may
be allowed; but the not removing them to any other place,
upon any account
whatsoever, when the publick service shall require it,
seems
unreasonable; and the proprietors constituting of the secretary and
register (which
the king does every where appoint) does not seem fit to be
allowed; nor is
it fit there should be more than one chief secretary, both
for New-York and
New-Jersey, who may appoint a deputy to officiate in his
absence from
either place.
The surveyor general
has a more particular reference to the proprietors and
their lands; so
that their constitution of such an office may be allowed.
ARTICLE VII. We
have no objection against the number of counties; but the
rest of this
article seems to be wholly unreasonable; and in case East-
Jersey be allowed
to send one sixth part of the representatives of the
general assembly;
and West New-Jersey one sixth more (which would be one
full third of the
whole number of the representatives for New-York and the
Jersies) it is as
much as can well be allowed; since otherwise these two
Jersies under
proprietors, would come in competition with New-York itself,
and out-vote that
part of the province when united; so that one-third of
the number of
representatives for the Jersies, and two thirds for New-York
(or thereabouts)
seems a reasonable proportion.
ARTICLE VIII.
This may be reasonable; but then the proportion must be
agreed on, so as
to answer that of the preceding article.
ARTICLE IX. We
have no objection to this article, in case those officers
be no other than
such as constitute a court baron or leet in England.
ARTICLE X. This
article mast be regulated by acts of parliament, and the
usage of New-York
itself.
ARTICLE XI. The
probate of wills is usually in the king's gonernor; but he
may appoint
commissaries for executing the same in any part of his
government.
ARTICLE XII. We
have no other objection, than that this power is usually
in the governor.
ARTICLE XIII. This
article may be reasonable, except as to the goods and
chattels of
traytors, fugitives, and persons outlawed, which is matter of
state; nor can
right accruing to the proprietors from the seas adjacent,
be well
circumscribed; the grant also of 1682, ought to be duly
considered, and
such particulars therein as are proper, may be allowed of
without such a
general and undetermined reference.
* Taken from the
books in the plantation office.
NUMBER. XI.
To the right
honourable the lords of the council, of trade and foreign
plantations.
The humble
memorial of the proprietors of the province of East New-Jersey
in America.
The proprietors
in all their applications to your lordships, and
particularly in
their last proposals, having expressd a great readiness of
complying with
his majesty's pleasure, in relation to their government, so
as their
properties might be preserved to them, by such concessions on his
majesty's part,
as are necessary to that end; are surprised at the dubious
answer returned
by your lordships to the second article of their
proposals,
concerning the establishment of a port at Perth-Amboy, for
entering ships
and importing goods there, and exporting goods from thence
without being
obliged to enter their ships at any other place. For the
principal
objection that has been always made, to the allowance of a port
in East-Jersey,
arising from the non-payment of customs there, and the
detriment
accruing to the trade of New-York; by reason thereof the
proprietors
conceived, that by submitting to pay the same customs as are
paid at New-York,
they had effectually answered that objection, and
prevented all
others; and that they being his majesty's subjects, and
equally entitled
to his favour and protection with the inhabitants of New-
York, might under
the payment of such duties, freely enjoy those
conveniencies for
trade, which God and nature have allotted to their
colony, and they
have purchased with their money, and which has not been
denied to any
other American plantation; tho' paying no customs, but
permitted as a
natural right. The proprietors therefore crave leave (in
pursuance of that
sincerity and plainness wherewith they have all along
addressed to your
lordships on this occasion) to declare, that the
obtaining a port
to be continued forever, was their main inducement to
consent to a
surrender of their government; and therefore, they insist,
that in the new
charter to be granted them by his majesty, there be an
express clause
inserted, whereby Perth-Amboy shall be established a port
forever, for
entering all ships coming into, and going from East-Jersey,
for importing and
exporting goods; and that such port shall not be
forfeited or
taken away for any misdemeanor whatsoever, but only the
persons guilty of
the misdemeanor, shall be accountable and punishable for
it.
This is the only
thing that makes the province of any value to the
proprietors, or
give them hopes of re-imbursing their purchase money, and
other expences in
improvements; and if your lordships think it too great a
privilege for them,
who have been faithful subjects to his majesty, and
contributed to
the defence of the frontiers during the late war in
America, more
than they were able to bear; the proprietors cannot be
accessary to
their own ruin, by a voluntary surrender; but must endeavour
to vindicate
their rights in a legal manner, and seek redress by such
other measures as
they shall be advised to, and are consistent with their
duty to his
majesty.
The proprietors
do further crave leave to mention, that if their desire of
a port is once
granted, they do not foresee any great diffieulty, to
adjust with your
lordships the other articles mentioned in their memorial.
Signed on the
behalf of the said proprietors, and by their order.
WILLIAM DOCKWRA,
Secretary and Register.
London, 15th
January, 1699-1700.
NUMBER XII.
To their
Excellencies the lords justices of England.
The humble
petition of the proprietors of the provinces of East and West-
Jersey, in
America.
Sheweth,
That your
petitioners, as they were advised by their council, being legally
entitled to the
government of those provinces, by virtue of several grants
from the late
king James, when duke of York, the declaration of the late
king Charles the
second, under the great seal of England, and of several
acts of state and
orders of council, admitting their right, have, for many
years appointed
governors there, and particularly colonel Andrew Hamilton,
who administered
the government, to the great service of the crown, and
universal
satisfaction of the inhabitants, until an act of parliament
passed in the
seventh and eighth years of his present majesty's reign,
entitled an act
for preventing frauds, and regulating abuses in the
plantation trade.
Upon which law
some doubt arising, whether a native of Scotland (as Col.
Hamilton is) were
capable of being a governor of the plantations; your
petitioners, for
avoiding any colour of offence against that act of
parliament,
appointed one Jeremiah Basse governor of those provinces; but
the lords of the
committee of trade and plantations, making then some
scruple
concerning your petitioner's right of government; Mr. Basse had
not such a formal
approbation of his majesty, as that act directs; and
though your
petitioners were at the same time honoured with instructions
from the then
lords justices, and lords commissioners of the treasury, for
their governors
conduct, which were produced, and published by Mr. Basse,
as a testimony of
his being nominated governor with the knowledge and
implicit consent
of his majesty and his ministers of state; yet for want
of an express
approbation in writing, the inhabitants refused to obey him;
and he returned
to England: Whereupon your petitioners, who had been
informed of the
opinions of his majesty's late attorney and present
solicitor general,
that a native of Scotland was not disabled to execute
any office in the
plantations, were induced to re-appoint the said Col.
Hamilton (then in
England) governor of those provinces, whom your
petitioners
presented to the lords of the committee of trade and
plantations,
humbly remonstrating to them, the necessity of sending a
governor for
preservation of the publick peace, and praying their lordships
recommendation of
him for his majesty's approbation; but their lordships
having resolved to
controvert your petitioners right of government, by a
trial at law,
declared they could not consent to such an approbation,
without prejudice
to his majesty's right; yet in regard to the necessity
of the people's
being under some government 'till the right was
determined, their
lordships delivered their opinion, that Col. Hamilton,
acting according
to the laws of England, your petitioners might be safe in
commissionating
him, and he in executing their commission; under the
security of which
approbation, Col. Hamilton went over, and re-assumed the
government of
those provinces; but some factious and turbulent persons,
impatient of any
government, oppose his administration, because he is
not approved of
by an order of council, according to the express letter of
the act of
parliament, and have made so great divisions and confusions
there, that the
publick peace is daily violated, and the publick justice
obstructed. That
your petitioners have agreed, and are ready to surrender
all their right
of government to his majesty, upon such terms and
conditions, as
are requisite for preservation of their properties and
civil interests,
and which they humbly hope will be allowed to them.
Your petitioners
therefore most humbly pray, that for the preservation of
the publick peace
of those provinces, your excellencies will be graciously
pleased,
immediately to approve of Col. Hamilton to be governor of the
provinces of East
and West-Jersey, until the terms of surrender can be
adjusted; and
your petitioners shall ever pray.
Jos. Brooksbank,
Dan. Coxe, jun., Tho. Hart, Joseph Ormston, Joseph
Ormston, as
having procuration, Miles Forster and Edward Antill, Gilbert
Molleson, Tho.
Barker, Tho. Lane, Paul Dominique, Tho. Skinner, John
Bridges, Michael Watts,
E. Richier, Clem. Plumstead, Tho. Cooper, Walter
Benthal.
NUMBER. XIII.
Representation of
the lords of trade.
To their
excellencies the lords justices.
May it please
your excellencies,
In obedience to
your excellencies commands, signified to us by Mr. Yard,
upon several
papers laid before your excellencies, relating to the state
of his majesty's
provinces of East and West-Jersey, in America: We have
considered all
the said papers, together with others of the like nature,
that were already
in our hands; and having likewise heard what the
proprietors and
others had to offer: we thereupon most humbly report to
your
excellencies,
That those
countries which are now known by the name of East and West
New-Jersey, were
granted, together with several other territories, by king
Charles the
second, by letters patents, bearing date the 12th day of
March, 1664, to
the then duke of York, his heirs and assigns; together
with full and
absolute power and authority to him, his heirs, deputies,
agents,
commissioners and assigns, to correct, punish, pardon, govern and
rule, all such
persons as did then, or should at any time thereafter
reside within the
said territories, according to such laws, orders,
ordinances,
directions and instruments, as by the said duke of York, or his
assigns, should
be established; and with several other clauses relating to
the government
and defence of the same.
That the said
duke of York did thereupon grant, convey and assign, the said
provinces, (by the
names of Nova-Caesaria or New-Jersey) to John lord
Berkeley and sir
George Carteret, their heirs and assigns, with all and
every the
appurtenances thereto belonging, in as full and ample manner as
the same was
granted to him, by the aforesaid Jetters patents of king
Charles the
second. That his said majesty king Charles the second, by
other letters
patents, dated the 29th of June 1674, did again grant and
convey to the
said duke of York, all the said lands and territories, in
the same manner
as before expressed; and that several subdivisions and
sales, having in
the mean while been made by the said lord Berkeley, sir
George Carteret,
and others claiming under them; he the said duke of York,
did, by
indenture, dated the 6th day of August, 1680, grant and confirm
the province of
West New-Jersey, with all the appurtenances thereunto
belonging, to
Edward Byllinge of Westminster, gent. in whom the title
thereunto then
was, and to his heirs and assigns forever; and did in like
manner, by
indenture, dated the 14th day of March, 1682, grant and confirm
the province of
East New-Jersey, with all the appurtenances thereto
belonging, to
James Earl of Perth, William Penn, esq; and several other
persons, in whom
the title to the same then was; and to their heirs and
assigns forever;
and by each of the said indentures, did likewise give,
grant, and assign
unto the aforesaid respective grantees or assigns, all
and every such
and the same powers, authorities, jurisdictions,
governments, and
other matters and things whatsoever, which by the
aforementioned
respective letters, patents, or either of them, were
granted or
intended to be granted, to be exercised by him the said duke of
York, his heirs,
assigns, deputies, officers or agents.
That the present
proprietors who derive their respective titles to their
several shares
and proportions of the soil of these provinces, by several
mean conveyances,
from and under the aforementioned grants to Edward
Byllinge, and to
the Earl of Perth, and other persons to whom the duke of
York had
immediately conveyed the same; do in like manner, and by virtue
of divers such
mean conveyances, claim the same powers and rights of
government as
were granted by king Charles the second, to the duke of
York; and by him
to others, according to the tenor of the aforesaid
indentures.
That
nevertheless, we do not find, that any sufficient form of government
has ever been
settled in those provinces, either by the duke of York, or
by those claiming
under him, as aforesaid; but that many inconveniences
and disorders
having arisen from their pretence of right to govern. The
proprietors of
East New-Jersey, did surrender their said pretended right
to the late king
James, in the month of April 1688; which was accordingly
accepted by him.
That since his
majesty's accession to the crown, the proprietors both of
East and
West-New-Jersey, have continued to challenge the same right as
before; and did
in the year 1697, apply themselves to us, in, order to
their obtaining
his majesty's approbation of the person whom they desired
to have continued
governor of the said provinces, but at the same time
refused to enter
into security to his majesty, pursuant to the address of
the right
honourable the house of lords, of the 18th of March, 1696, that
the person so
presented by them the said proprietors, should duly observe
and put in
execution, the acts of trade; yet nevertheless proceeded, from
time to time, to
commissionate whom they thought fit, to be governor of
those provinces,
without his majesty's approbation; according to what is
required by the
late act, for preventing frauds and regulating abuses in
the plantation
trade.
That in this
manner having formerly commissionated Col. Andrew Hamilton,
afterwards Mr. Jeremiah
Basse; then again superceding their commission to
Mr. Basse, and
renewing or confirming that to Col. Hamilton; and ever
since that also,
some of them having sent another commission to one capt.
Andrew Bown: The
inhabitants sensible of the defect and insufficiency of
all those
commissions, for want of his majesty's authority, have upon
several
occasions, some of them opposed one of those governors, some
another,
according as interest, friendship, or faction had inclined them.
That the
inhabitants of East New-Jersey, in a petition to his majesty, the
last year,
complained of several grievances they lay under, by the neglect
or mismanagement
of the proprietors of that province or their agents, as
particularly,
that from the latter end of June 1689, 'till about the
latter end of
August 1692 (which was a time of actual war) they had not
taken any manner
of care about the government thereof, so that there
having been
neither magistrates established to put the laws in execution,
nor military
officers to command, or give directions, in order to the
defence of the
province, they were exposed to any insults that might have
been made upon
them by an enemy, unto which they also added, that during
the whole time
the said proprietors have governed, or pretended to govern
that province,
they have never taken care to preserve, or defend the same
from the Indians,
or other enemies, by sending or providing any arms,
ammunition or
stores, as they ought to have done; and the said inhabitants
thereupon, humbly
prayed his majesty would be pleased to commissionate
some fit person
qualified according to law, to be governor over them.
That it has been
represented to us, by several letters, memorials, and
other papers, as
well from the inhabitants as proprietors of both those
provinces, that
they are at present in confusion and anarchy; and that it
is much to be
apprehended, left by the heats of the parties that are
amongst them,
they should fall into such violences as may endanger the
lives of many
persons, and destroy the colony.
That the greatest
number of the proprietors of both those provinces
residing in this
city, being hereby sensible of the necessity of his
majesty's
authority, for the preserving of peace and good order in those
countries, have
lately presented a petition to your excellencies; in the
preamble whereof;
though they still seem to assert their title to the
government of the
said provinces; yet nevertheless in the end, declare
they have agreed,
and are ready to surrender the same to his majesty,
upon such terms
and conditions as are requisite for preservation of their
properties and
civil interests; and they therefore humbly pray, that for
the preservation
of the publick peace, your excellencies would be
graciously
pleased, immediately to approve colonel Hamilton, to be
governor of both
the said provinces of East and West New-Jersey, until the
terms of
surrender can be adjusted.
That in a late
memorial* presented to your excellencies (and signed not
only by the same
person, but by others likewise, who would not join in the
prayer of the
petition) having again prefaced their own pretended right to
government; they
do in like manner declare their readiness to surrender
the same, in
humble hope and confidence (as they express themselves) that
his majesty will
be pleased to grant them all reasonable privileges, which
are necessary to
preserve their civil rights, and the interests of
planters, and
which are not inconsistent with his majesty's service, or
royal authority;
after which they proceed to propose, and particularly
enlarge upon,
several articles relating to the method of settling both
the said
provinces, and uniting them under one government.
That the
proprietors of East New-Jersey, residing there, have signed and
sent over hither,
to a gentleman whom they have constituted their agent
and attorney in
that behalf, an absolute and unconditional surrender of
their right to
the government of that province, so far as the same is in
them, and so far
as they are capable of doing it for others concerned with
them in that
propriety.
That in relation
to the aforesaid articles, we have been attended by
several of the
proprietors here; who have further personally declared to
us, that their
intention in proposing the same, is only to secure their
rights, in such
things as are matter of property; and that they
unanimously
desire to surrender the government to the king, and submit the
circumstances
thereof to his majesty's pleasure. But in relation to the
aforementioned
petition, that colonel Hamilton may at present receive his
majesty's
approbation to be governor of those provinces, the said
proprietors are
so divided amongst themselves, that whereas some seem to
insist upon his
approbation, as one principal condition of their
surrender, others
in the same manner insist upon his exclusion.
Upon all which,
we humbly represent unto your excellencies, that not being
satisfied, that
the aforementioned grants from the duke of York, (the only
title upon which
the said proprietors claim a right to government) without
any direct and
immediate authority from the crown, were or could be of any
validity to
convey that right, (which we have been informed is a power
unalienable from
the person to whom it is granted, and not to be assigned
by him unto any
other; much less divided, sub-divided, and conveyed from
one to another,
as has been done in the present case). We did thereupon
humbly represent
to his majesty, the 18th of April, 1699, that a tryal
might be had in Westminster-Hall,
upon a feigned issue, whereby their
claim to the
right of government, might receive a determination. That no
such
determination having yet been made, nor any proceedings (that we know
of) had, upon the
forementioned surrender; but it being generally
acknowledged,
both by the inhabitants and proprietors of the aforesaid
provinces, that
the disorder and confusion they are now fallen into, are
so great, that
the publick peace and administration of justice is
interrupted and
violated; and that whilst those disorders continue, there
neither is nor
possibly can be, any due provision made, for the guard and
defence of that
country, against an enemy, we are humbly of opinion, that
it is very
expedient for the preservation of those territories to the
crown of England,
and for securing the private interest of all persons
concerned, that
his majesty would be pleased to constitute a governor over
those provinces,
by his immediate commission; which together with the
instructions, to
be also given to the said governor, may contain such
powers,
authorities and directions, as may be necessary for the
establishing
there a regular constitution of government, by a governor,
council, and
general assembly, with other civil and military officers; and
for securing to
the proprietors and inhabitants, all their properties and
civil rights, in
as full and ample manner, as the like are enjoyed by any
plantation, under
governors appointed by his majesty's immediate
commission;
together with such clauses and further provisions, as may be
thought
reasonable, in order to prevent the interfering of that colony
with the interest
of his majesty's other plantations; as the proprietary
governments in
America have generally done.
And we further
humbly offer, that draughts of such a commission and
instructions may
be prepared; and that they may be also shewn to the
proprietaries of
those provinces, in order to their acquiescence, and the
surrender of
their pretended right to government, in such manner and form
as may be effectual
in law, to the final extinguishing of their pretences;
or in case of
their refusal, in order to such other proceedings as shall
then be thought
fit.
All which
nevertheless, is most humbly submitted.
Phil. Meadows,
Jo. Pollexfen, Abr. Hill, Mat Prior.
Whitehall,
October 2, 1701.
* See the
memorial which follows.
NUMBER. XIV.
The humble
memorial of the proprietors of the provinces of East and West-
Jersey in
America.
Though the
proprietors are advised by their council, that their right to
ports within
those respective provinces, was fully asserted, and their past
administration of
the government of those provinces, as fully justified at
the late trial
had in the court of king's bench, between Mr. Basse and the
earl of
Bellemont; they are notwithstanding, ready and desirous, in
obedience to his
majesty's pleasure, to surrender all right of government
there; in humble
hope and confidence, that as his royal wisdom prompts him
to resume the
American proprietary governments into his own more immediate
administration;
so his justice and goodness will incline him to grant the
proprietors all
reasonable privileges, which are necessary to preserve
their civil
rights, and the interest of the planters, and which are not
inconsistent with
his majesty's service, or royal authority.
To which they
humbly propose and pray,
First. That his
majesty will grant and confirm to them their lands and
quit-rents, with
such other liberties, franchises and privileges, as were
granted to them
by the late king James, when duke of York, or have been
granted by his
majesty to other proprietors of provinces in America,
except the powers
of government.
Second. That his
majesty will grant to them, the sole power of purchasing
from the Indians,
all lands lying within these provinces, which remain
unpurchased from
them; and that all other persons who have purchased, or
shall purchase
lands, either with or without licence first had from the
proprietors, and
who have not already taken patents, shall be obliged to
take patents of
such lands from the proprietors, under a moderate quit-
rent; and in
default thereof, their title from the Indians to be declared
null and void.
This the proprietors humbly conceive will be necessary, as
well to vindicate
his majesty's royal right, as their own property under
him; because the
planters have lately taken up and promoted an opinion,
that the king's
right to all American countries discovered by English
subjects, is only
notional and arbitrary; and that the Indian natives are
the absolute
independant owners, and have the sole disposal thereof; And
some of the
planters who have made such purchases of land from the
Indians, refuse
to take patents from the proprietors, grantees of the
crown; and
others, who have taken patents, refuse to pay the quit-rents
reserved.
Third. That the
inhabitants of both provinces may have the same liberty of
trading with the
Indians, as the inhabitants of New-York, or of any other
plantation in
America, under his majesty's immediate government, do or
shall enjoy.
Fourth. That the
port of Perth-Amboy, in East-Jersey, and the ports of
Burlington and
Cohansie, in West-Jersey, may be established ports of those
respective
provinces forever; and that no ship bound to any of those
places, shall be
obliged to enter at any other port; nor any ships to be
laden there,
shall be obliged to clear at any other port; and that
officers may be
appointed at such port, for collecting the customs, and
seeing the acts
of navigation duly executed.
Fifth. That the
proprietors may appoint surveyors general, and other
officers, for
surveying, and recording of the surveys of land granted by
and held of them.
Sixth. That the
proprietors of East-Jersey may hold three markets in every
week forever, on
Tuesday, Thursday and Saturday, for all manner of cattle,
goods and
merchandizes, at Perth-Amboy; and four fairs in every year
there, to begin
the Monday in the months of [left blank] and each fair to
continue six
days; and that the proprietors of West-Jersey may hold the
like number of
markets in every week forever, on Monday, Wednesday and
Friday, at
Burlington, in West-Jersey; and four fairs in every year there,
to begin the
[left blank] Monday in the months of [left blank] and each
fair to continue
six days.
Seventh. That
East and West Jersey may he erected into one distinct
government, and
have one general assembly, for making laws for the good of
both provinces,
to sit alternatively, at Perth-Amboy in East-Jersey, and
Burlington in West-Jersey;
and that such general assembly may be elected
every year in the
month of [left blank] and may meet on the first Monday
in October, and
oftener if need be.
Eighth. That the
general assembly may consist of thirty-six
representatives,
to be chosen in manner following, viz. two by the
inhabitants,
housholders of the city or town of Perth-Amboy, in East-
Jersey; two by
the inhabitants, housholders of the city or town of
Burlington, in
West-Jersey; sixteen by the freeholders of East-Jersey, and
sixteen by the
freeholders of West-Jersey; but that no person shall be
capable of being
elected a representative by the said freeholders, or
afterward of
sitting in general assembly, who shall not have one thousand
acres of land, of
an estate of freehold in his own right, within the
province for
which he shall be chosen; and that no freeholder shall be
capable of
electing snch representatives, who shall not have one hundred
acres of land
there in his own right of an estate of freehold; and that
this number of representatives
shall not be enlarged or diminished, or the
manner of
electing them altered, otherwise than by act of general
assembly, and the
approbation of his majesty, his heirs and successors.
Ninth. That the
governor's council may consist of inhabitants of both
provinces;
whereof an equal number to be chosen out of each province.
Tenth. That all
necessary officers, and courts for administration of
justice, in cases
criminal and civil, be established in each province; and
that one supreme
court may be held for both provinces, twice in every
year, at
Perth-Amboy in East-Jersey, and Burliugton in West-Jersey,
alternatively; in
which courts all writs of error from any other courts
within these
provinces, shall be brought and determined; and that this
court may consist
of the governor's council, and the three capital judges
of each province,
(except such of them who pronounced the first judgment,
sentence or
decree) or of any seven of them, whereof two of the council,
and three judges,
for the time being, shall be five; and every member of
the court, who
shall be present, shall have an equal vote: saving that
where the court
shall be equally divided in their opinions, the eldest of
the council shall
have a decisive vote.
Eleventh. That no
appeal to the king may be in personal actions, where the
cause of action
is of less value than two hundred pounds.
Twelfth. That all
protestants may be exempt from all penal laws relating to
religion; and may
be capable of being of the governor's council, and of
holding any other
publick office, though they do not conform to the
discipline of the
church of England, or scruple to take an oath; and that
an instruction be
given to the governor, for procuring a law to pass in
the general
assembly, for substituting some proper declaration in the
place of an oath.
Thirteenth. That
his majesty will be pleased to permit the proprietors to
nominate the
first governor.
Fourteenth. That
all such further privileges, franchises and liberties, as
upon
consideration, shall be found necessary to the good government and
prosperity of the
said provinces, and increasing the trade thereof, may be
granted to the
proprietors.
JOSEPH ORMSTON.
August 12, 1701.
Joseph Ormston,
having procuration from Miles Forster and Edward Antill,
Gilbert Molleson,
Thomas Barker, Clement Plumstead, Thomas Cooper, William
Dockwra, Walter
Benthal, Edward Ritchier, Joseph Brooksbank, Daniel Coxe,
jun., Thomas
Lane, Paul Dominique, John Bridges, Michael Watts, Thomas
Skinner, Thomas
Hart.
FINIS