History of Nova Caesarea - Part 3



CHAP. V.
Major Andros appointed governor at New-York; Takes possession at Delaware;
Arrival of the first English settlers to West-Jersey, under the duke of
York's title; Lord Berkely assigns his moiety of New-Jersey to Byllinge,
and he in trust to others; Their letter and first commission; New-Jersey
divided into the provinces, East and West-Jersey; and the declaration of
the West-Jersey proprietors.

About the month of October 1674, Major Edmund Andros 1 arrived governor,
under the duke of York; he soon after authorized Captain Cantwell and
William Tomm, to take possession of the fort and stores at New-Castle, for
the king's use, pursuant to the late treaty of peace, and to take such
other measures for their settlement and repose at New-Castle, the Hoar-
kills, and other parts of Delaware, as they thought best; requiring them
to comport themselves towards the neighbouring colonies in an amicable
manner. This done, he published a proclamation in the words following:

"Whereas it hath pleased his majesty and his royal highness, to send me
with authority, to receive this place and government from the Dutch, and
to continue in the command thereof under his royal highness, who hath not
only taken care for our future safety and defence, but also given me his
commands for securing the rights and properties of the inhabitants, and
that I should endeavour by all fitting means, the good and weilfare of
this province, and dependencies under his government; that I may not be
wanting in any thing that may conduce thereunto, and for the saving of the
trouble and charge hither, for the satisfying themselves in such doubts as
might arise concerning their rights and properties upon the change of
government, and wholly to settle the minds of all in general, I have
thought fit to publish and declare, that all former grants, privileges or
concessions heretofore granted, and all estates legally possessed by any
under his royal highness, before the late Dutch government, (as also all
legal judicial proceedings during that government, to my arrival in these
parts) are hereby confirm'd, and the possessor by virtue thereof, to
remain in quiet possession of their rights: It is hereby further declared,
that the known book of laws formerly established and in force under his
royal highness's government, is now again confirmed by his royal highness;
the which are to be observed and practised, together with the manner and
time of holding courts therein mentioned as heretofore; and all
magistrates and civil officers belonging thereunto, to be chosen and
established accordingly. Given under my hand in New-York, this 9th day of
November, in the twenty-sixth year of his majesty's reign, annoque domini
1674."

Andros being now seated in his government, we shall leave him, and take a
view of other matters: First respecting the arrival of a few passengers
from England to West-Jersey: One moiety or half part of the province of
New-Jersey, belonged to the lord Berkeley, and now about was sold to John
Fenwick, in trust for Edward Byllinge and his assigns. Fenwick in 1675,
set sail to visit the new purchase in a ship from London, called the
Griffith; arriving after a good passage, he landed at a pleasant rich
spot, situate near Delaware, by him called Salem, probably from the
peaceable aspect it then bore. He brought with him two daughters, and many
servants, two of which, Samuel Hedge and John Adams, afterwards married
his daughters; other passengers were, Edward Champness, Edward Wade,
Samuel Wade, John Smith and wife, Samuel Nichols, Richard Guy, Richard
Noble, Richard Hancock, John Pledger, Hipolite Lufever, and John Matlock;
these, and others with them, were masters of families. This was the first
English ship that came to West-Jersey, and none followed for near two
years, owing probably to a difference between Fenwick and Byllinge.

But this difference being settled to the satisfaction of both parties, by
the good offices of William Penn, Byllinge agreed to present his interest
in the province of New-Jersey, to his creditors, as all that he had left,
towards their satisfaction, and desird Penn to join Gawen Lawrie and
Nicholas Lucas (two of his creditors) and they together to be trustees:
Penn at first unwilling, was by the importunity of some of the creditors,
prevailed on; and with the others accepting the charge, they became
trustees for one moiety or half part of the province; which tho' yet
undivided, necessity pressing, they soon sold a considerable number of
shares of their propriety to different purchasers, who thereupon became
proprietors (according to their different shares) in common with them; and
it being necessary that some scheme should be fallen upon, as well for the
better distribution of rights to land, as to promote the settlenient, and
ascertain a form of government; concessions were drawn, mutually agreed
on, and signed by some of the subscribers,2 (for they did not all sign at
once). It was next the business of the proprietors, who held immediately
under lord Berkely, to procure a division of the province, which after
some time was effected; and then as an expedient for the present well
ordering matters, they wrote the following letter:

"Richard Hartshorne.

"London, 26th of the 6th month, 1676.

"We have made use of thy name in a commission and instructions, which we
have sent by James Wasse, who is gone in Samuel Groome's ship for
Maryland; a copy of which is here inclosed, and also a copy of a letter we
have sent to John Fenwick, to be read to him in presence of as many of the
people that went with him as may be; and because we both expect, and also
entreat, and desire thy assistance in the same we will a little shew
things to thee, that thou may inform not only thyself; but friends there;
which in short is as follows"

"1st. We have divided with George Carteret, and have sealed deeds of
partition, each to the other; and we have all that side on Delaware river
from one end to the other; the line of partition is from the east side of
little Egg Harbour, straight North, through the country, to the utmost
branch of Delaware river; with all powers, privileges, and immunities
whatsoever: ours is called New West-Jersey, his is called New East-Jersey.

"2d. We have made concessions by ourselves, being such as friends here and
there (we question not) will approve of; having sent a copy of them by
James Wasse; there we lay a foundation for after ages to understand their
liberty as men and christians, that they may not be brought in bondage,
but by their own consent; for we put the power in the people, that is to
say, they to meet and choose one honest man for each propriety, who hath
subscribed to the concessions; all these men to meet as an assembly there,
to make and repeal laws, to choose a governor, or a commissioner, and
twelve assistants, to execute the laws during their pleasure; so every man
is capable to choose or be chosen: No man to be arrested, condemned,
imprisoned, or molested in his estate or liberty, but by twelve men of the
neighbourhood: No man to lie in prison for debt, but that his estate
satisfy as far as it will go, and be set at liberty to work: No person to
be called in question or molested for his conscience, or for worshipping
according to his conscience; with many more thingrs mentioned in the said
concessions.

"3. We have sent over by James Wasse, a commission under our hands and
seals, wherein we impower thyself; James Wasse and Richard Guy, or any two
of you, to act and do according to the instructions, of which here is a
copy; having also sent some goods, to buy and purchase some land of the
natives.

"4. We intend in the spring to send over some more commissioners, with the
friends and people that cometh there, because James Wasse is to return in
Samuel Groom's ship for England: for Richard Guy, we judge him to be an
honest man, yet we are afraid that John Fenwick will hurt him, and get him
to condescend to things that may not be for the good of the whole; so we
hope thou wilt ballance him to what is just and fair; that John Fenwick
betray him not, that things may go on easy without hurt or jar; which is
the desire of all friends; and we hope West Jersey will be soon planted;
it being in the minds of many friends to prepare for their going against
the spring.

"5. Having thus far given thee a sketch of things, we come now to desire
thy assistance, and the assistance of other friends in your parts; and we
hope it will be at length an advantage to you there, both upon truth's
account, and other ways; and in regard many families more may come over in
the spring to Delaware side, to settle and plant, and will be assigned by
us to take possession of their particular lots; we do entreat and desire,
that thou, knowing the country, and how to deal with the natives; we say,
that thee, and some other friends, would go over to Delaware side, as soon
as this comes to your hands, or as soon as you can conveniently; and James
Wasse is to come to a place called New-Castle, on the other side of
Delaware river, to stay for thee, and any that will go with him; and you
all to advise together, and find out a fit place to take up for a town,
and agree with the natives for a tract of land; and then let it be
surveyed and divided in one hundred parts; for that is the method we have
agreed to take, and we cannot alter it; and if you set men to work to
clear some of the ground, we would be at the charges; and we do intend to
satisfy thee for any charge thou art at, and for thy pains: This we would
not have neglected; for we know, and you that are there know, that if the
land be not taken up before the spring, that many people come over there,
the natives will insist on high demands, and so we shall suffer by buying
at dear rates, and our friends that cometh over, be at great trouble and
charges until a place be bought and divided; for we do not like the tract
of land John Fenwick hath bought, so as to make it our first settlement;
but we would have thee and friends there, to provide and take up a place
on some creek or river, that may lie nearer you, and such a place as you
may like; for may be it may come in your minds to come over to our side,
when you see the hand of the Lord with us; and so we can say no more, but
leave the thing with you, believing that friends there will have a regard
to friends settling, that it may be done in that way and method, that may
be for the good of the whole; rest thy friends,

"GAWEN LAURIE,

"WILLIAM PENN,

"NICHOLAS LUCAS,

"E. BYLLINGE,

"JOHN EDRIDGE,

"EDMOND WARNER."

"London, the 18th of 6th month called August, 1676.

"We whose names are hereunder subscribed, do give full power, commission
and authority, unto James Wasse, Richard Hartshorne and Richard Guy, or
any two of them, to act and do for us according to the following
instructions; and we do engage to ratify and confirm whatsoever they shall
do in prosecution of the same.

"1. We desire you to get a meeting with John Fenwick, and the people that
went with him, (but we would not have you tell your business,) until you
get them together; then show and read the deed of partition with George
Carteret; also the transactions between William Penn, Nicholas Lucas,
Gawen Lawrie, John Edridge and Edmond Warner, and then read our letter to
John Fenwick and the rest, and shew John Fenwick he hath no power to sell
any land there, without the consent of John Edridge and Edmond Warner.

"2. Know of John Fenwick, if he will be willing peaceably to let the
land he hath taken up of the natives be divided into one hundred parts,
according to our and his agreement in England, casting lots for the same,
we being willing that those who being settled and have cultivated ground
now with him, shall enjoy the same, without being turned out, although
they fall into our lots: Always provided, that we be reimbursed the like
value and quantity in goodness out of John Fenwick's lots: And we are
also content to pay our ninetieth parts of what is paid to the natives for
the same, and for what James Wasse hath purchased of John Fenwick,
and he setting out the same unto him, not being in a place to be allotted
for a town upon a river, but at a distance, and the said John Fenwick
allowing us the like value in goodness in some other of his lots; we are
willing he shall possess the same from any claiming by or under us; and
for the town lots we are willing he enjoy the same as freely as any
purchaser buying of us.

"3. Take informations from some that knows the soundings of the river and
creeks, and that is acquainted in the country, and when James Wasse is in
Maryland, he may enquire for one Augustin, who as we hear did found most
part of Delaware river and the creeks: He is an able surveyor; see to
agree with him to go with you up the river as far as over against New-
Castle, or further if you can, so far as a vessel of a hundred tun can go;
for we intend to have a way cut cross the country to Sandy-Hook; so the
further up the way, the shorter: and there, upon some creek or bay, in
some healthy ground, find out a place fit to make a settlement for a town;
and then go to the Indians, and agree with them for a tract of land about
the said place, of twenty or thirty miles long, more or less, as you see
meet, and as broad as you see meet. If it be to the middle, we care not;
only enquire if George Carteret, have not purchased some there already,
that so you may not buy it over again.

"4. Then lay out four or five thousand acres for a town; and if Agustin
will undertake to do it reasonably, let him do it; for he is the fittest
man; and if he think he cannot survey so much, being in the winter time,
then let him lay out the less for a town at present, if it be but two
thousand acres, and let him divide it in a hundred parts; and when it is
done, let John Fenwick, if he please, be there; however, let him have
notice: But however, let some of you be there, to see the lots cast fairly
by one person that is not concerned, The lots are from number one to a
hundred, and put the same numbers of the lots on the partition trees for
distinction.

"5. If John Fenwick, and those concerned with him, be willing to join with
you in those things as above, which is just and fair, then he or any of
them, may go along with you in your business; and let them pay their
proportion of what is paid to the natives, with other charges: And so he
and they may dispose of their lots with consent of John Edridge and Edmund
Warner; which lots are, 20, 21, 26, 27, 36, 47, 50, 57, 63, 72.

"6. If John Fenwick and his people, refuse to let the land they have taken
up of the natives be divided, and refuse to join with you; you may let the
country know in what capacity John Fenwick stands, that he hath no power
over the persons or estates of any man or woman more than any other person.

"7. What land you take of the natives, let it be taken, viz. ninety parts
for the use of William Penn, Gawen Lawrie and Nicholas Lucas, and ten
parts for John Edridge and Edmond Warner.

"8. After you have taken the land as above, and divided for a town or
settlement, and cast lots for the same as above; then if any have a mind
to buy one or more proprieties, sell them at two hundred pound specie;
they taking their lots as theirs do; paying to you in hand the value of
fifty pounds in part of a propriety, and the rest on sealing their
conveyance in London; and so they may presently settle. When any of the
lots fall to us, that is to say, he that buyeth a propriety may settle on
any one lot of ninety parts; which said persons that buys, and what lots
falls to them, there they may settle, and acquaint us what numbers they
are; and if any will take land to them and their heirs forever, for every
acre taken up in a place laid out for a town, according to the concessions,
they are not to have above what shall fall by lot to a propriety in a town.

"9. What charges James Wasse is at, by taking up the land of the natives,
we do oblige to pay the same unto him again, with what profits is usual
there upon English goods; and he may pitch upon two lots, one in each
town; if they be taken up before he comes away, to his own proper use, for
his trouble and pains: And we do also engage to allow and pay what charges
any of our commissioners shall disburse in executing these our
instructions, to them or their assigns.

"10. Let us be advised by the first ship that cometh for England, of all
proceedings hereupon, and write to the friends at Sandy-Hook, letting them
know how things are, and that we have divided with George Carteret, and
that our division is all along on Delaware river; and that we have made
concessions by ourselves, which we hope will satisfy friends there. If
John Fenwick, or any of the people with him, desire a copy of the deed of
partition, let them have it.

"11. We desire that our original deed may be kept in your own custody,
that it may be ready to shew unto the rest of the commissioners, which we
intend to send over in the spring, with full power for settling things,
and to lay out land, and dispose upon it, and for the settling some method
of government according to the concessions.

"12. If you cannot get Augustin to go with you or that he be unreasonable
in his demands; then send a man to Thomas Bushroods, at Essex lodge, in
York river, for William Elliot, who writes to Gawin Lawrie this year, and
offered himself to be surveyor, and tell him you had orders from said
Lawrie to send for him, and take him with you. He will be willing to be
there all winter, and will survey and do other things. He had a good
character in Virginia, but was not able to keep it; he is a fair
conditioned sober man: Let him stay there all winter, and order him
something to live upon.

"13. If the said Elliot go with you, give him directions what to do. If
you cannot stay 'till a place for a town be surveyed, yet we think you may
stay until you have not only pitched upon a place for a town, but also
upon a place for a second town and settlement, and have marked out the
place round about there, and let William Elliot divide both, which no
doubt but he may do before the spring, that we send over more
commissioners and people; and if John Fenwick be willing to go on
jointly with you there, his surveyor may go along and help ours, and the
charges shall be brought in for both proportionably on all. Mind this, and
speak to Richard Guy, or Richard Hartshorne, and leave orders with them to
let William Elliot have provisions for himself 'till spring, and we shall
order them satisfaction for the same; and if there be no house near the
place you take up for the surveyors to lodge in, then let there be a
cottage built for them on the place, and we will allow the charges.

"14. And whereas there is tackling there already, for fitting of a sloop,
as we judge, in the custody of Richard Guy: We also give you power if you
see meet, and that it be of necessary use and advantage for the whole
concern, you may order these ship-carpenters to build a sloop suitable for
these materials, and appoint them some provision for their food, and for
the rest of their wages they shall either have it in a part of the sloop,
or be otherwise satisfied in the spring of the year; the said sloop to be
ordered and disposed upon by you until more commissioners come over with
further instructions.

"15. For the goods we have sent over with James Wasse are to be disposed
of for purchasing land from the natives or otherwise as need is, giving us
account thereof.
"NICHOLAS LUCAS
"WILLIAM PENN
"EDMOND WARNER
"GAWIN LAWRIE
"E. BYLLINGE"

The instrument for dividing the province being agreed on by Sir George
Carteret on the one part, and the said E. Byllinge, William Penn, Gawen
Lawrie, and Nicholas Lucas on the other, they together signed a
Quintipartite deed, dated the first day of July 1676. 3

The line of division being thus far settled, each took their own measures
for further peopling and improving their different shares. Sir George
Carteret had greatly the advantage respecting improvements, his part being
(as we have seen) already considerably peopled: The western proprietors,
soon published a description of their moiety; on which many removed
thither: But lest any should not sufficiently weigh the importance of this
undertaking, and for other reasons, the three principal proprietors
published the following cautionary epistle:

"Dear friends and brethren,

"In the pure love and precious fellowship of our Lord Jesus Christ, we
very dearly salute you: Forasmuch as there was a paper printed several
months since, entitled, The description of New-West-Jersey, in the which
our names were mentioned as trustees for one undivided moiety of the said
province: And because it is alledged that some, partly on this account,
and others apprehending, that the paper by the manner, of its expression
came from the body of friends, as a religious society of people, and not
from particulars, have through these mistakes, weakly concluded that the
said description in matter and form might be writ, printed and recommended
on purpose to promp and allure people, to dis-settle and transplant
themselves, as it's also by some alledged: And because that we are
informed, that several have on that account, taken encouragement and
resolution to transplant themselves and families to the said province; and
lest any of them (as is feared by some) should go out of a curious and
unsettled mind, and others to shun the testimony of the blessed cross of
Jesus, of which several weighty friends have a godly jealousy upon their
spirits; lest an unwarrantable forwardness should act or hurry any beside
or beyond the wisdom, and counsel of the lord, or the freedom of his light
and spirit in their own hearts, and not upon good and weighty grounds: It
truly laid hard upon us, to let friends know how the matter stands; which
we shall endeavour to do with all clearness and fidelity.

"1. That there is such a province as New-Jersey is certain.

"2. That it is reputed of those who have lived and have travelled in
that country, to be wholesome of air and fruitful of soil, and capable of
sea trade, is also certain; and it is not right in any to despise or
dispraise it, or disswade those that find freedom from the Lord, and
necessity put them on going.

"3. That the duke of York sold it to those called lord Berkeley, baron of
Stratton, and Sir George Carteret, equally to be divided between them, is
also certain.

"4. One moiety or half part of the said province, being the right of the
said lord Berkeley, was sold by him to John Fenwick, in trust for Edward
Byllinge, and his assigns.

"5. Forasmuch as E. B. (after William Penn had ended the difference
between the said Edward Byllinge and John Fenwick) was willing to present
his interest in the said province to his creditors, as all that he had
left him, towards their satisfaction, he desired William Penn (though
every way unconcerned) and Gawen Lawrie and Nicholas Lucas, two of his
creditors, to be trustees for performance of the same; and because several
of his creditors, particularly and very importunately, pressed William
Penn to accept of the trust for their sakes and security; we did all of us
comply with those and the like requests, and accepted of the trust.

"6. Upon this we became trustees for one moiety of the said province, yet
undivided: And after no little labour, trouble and cost, a division was
obtained between the said Sir George Carteret and us, as trustees: The
country is situated and bounded as is expressed in the printed description.

"7. This now divided moiety is to be cast into one hundred parts, lots, or
proprieties; ten of which upon the agreement made betwixt E. Byllinge and
J. Fenwick, were settled and conveyed unto J. Fenwick, his executors and
assigns, with a considerable sum of money, by way of satisfaction for what
he became concerned in the purchase from the said lord Berkely, and by him
afterwards conveyed to John Edridge and Edmond Warner, their heirs and
assigns.

"8. The ninety parts remaining are exposed to sale, on the behalf of
the creditors of the said E. B. And forasmuch as several friends are
concerned as creditors, as well as others, and the disposal of so great a
part of this country being in our hands; we did in real tenderness and
regard to friends, and especially to the poor and necessitous, make
friends the first offer; that if any of them, though particularly those
that being low in the world, and under trials about a comfortable
livelihood for themselves and families, should be desirous of dealing for
any part or parcel thereof, that they might have the refusal.

"9. This was the real and honest intent of our hearts, and not to prompt
or allure any out of their places, either by the credit our names might
have with our people throughout the nation, or by representing the thing
otherwise than it is in itself.

"As for the printed paper sometime since set forth by the creditors, as a
description of that province; we say as to two passages in it, they are
not so clearly and safely worded as ought to have been; particularly, in
seeming to limit the winter season to so short a time; when on further
information, we hear it is sometime longer and sometime shorter than
therein expressed; and the last clause relating to liberty of conscience,
we would not have any to think, that it is promised or intended to maintain
the liberty of the exercise of religion by force and arms; though we shall
never consent to any the least violence on conscience; yet it was never
designed to encourage any to expect by force of arms to have liberty of
conscience fenced against invaders thereof.

"10. And be it known unto you all, in the name and fear of Almighty God,
his glory and honour, power and wisdom, truth and kingdom, is dearer to us
than all visible things; and as our eye has been single, and our heart
sincere to the living God, in this as in other things; so we desire all
whom it may concern, that all groundless jealousies may be judged down and
watehed against, and that all extremes may be avoided on all hands by the
power of the Lord; that nothing which hurts or grieves the holy life of
truth in any that goes or stays, may be adhered to; nor any provocations
given to break precious unity.

"This am I, William Penn, moved of the Lord, to write unto you, lest any
bring a temptation upon themselves or others; and in offending the Lord,
slay their own peace: Blessed are they that can see, and behold him their
leader, their orderer, their conductor and preserver, in staying or going:
Whose is the earth and the fullness thereof, and the cattle upon a
thousand hills. And as we formerly writ, we cannot but repeat our request
unto you, that in whomsoever a desire is to be concerned in this intended
plantation, such would weigh the thing before the Lord, and not headily or
rashly conclude on any such remove; and that they do not offer violence to
the tender love of their near kindred and relations; but soberly and
conscientiously endeavour to obtain their good wills, the unity of friends
where they live; that whether they go or stay, it may be of good favour
before the Lord (and good people) from whom only can all heavenly and
earthly blessings come. This we thought good to write for the preventing
of all misunderstandings, and to declare the real truth of the matter; and
so we commend you all to the Lord, who is the watchman of his Israel. We
are your friends and brethren.
"WILLIAM PENN
"GAWEN LAWRIE
"NICHOLAS LUCAS."

1 He was afterwards knighted; he bore the unfavourable character of an
arbitrary governor, who made the will of his despotic master (James ii.)
and not the law, the chief rule of his conduct.

2 Appendix numb. ii.

3 Vid. Grants, concessions, &c. publishd by A. Leaming and J. Spicer. p.
61, &c.



CHAP. VI.
Arrival of more settlers to West-Jersey; Their difficulties; Their
purchases from the Indians; They lay out a town; Some of their first
sentiments of the country; and an account of the duke of York's two last
grants, being for the province East and West New-Jersey, separately.

Among other purchasers of the West-Jersey lands were two companies, one
made up of some friends in Yorkshire,1 (as hinted in the concessions) the
other of some friends in London; who each contracted for considerable
shares, for which they had patents. In 1677, commissioners (agreeable to
expectation given) were sent by the proprietors, with power to buy the
lands of the natives; to inspect the rights of such as claimed property,
and to order the lands laid out; and in general to administer the
government, pursuant to the concessions: These commissioners were Thomas
Olive, Daniel Wills, John Kinsey, John Penford, Joseph Helmsley, Robert
Stacy, Benjamin Scott, Richard Guy and Thomas Foulke.2 They came in the
Kent, Gregory Marlow, master, being the second ship from London, to the
western parts: After a tedious passage they arrived at New-Castle, the
16th of the 6th month, O.S. King Charles the second, in his barge,
pleasuring on the Thames, came along side, seeing a great many passengers,
and informed whence they were bound, asked if they were all quakers, and
gave them his blessing. They landed their passengers, two hundred and
thirty in number, about Rackoon creek, where the Swedes had some
scattering habitations; but they were too numerous to be all provided for
in houses; some were obliged to lay their beds and furniture in cow
stalls, and appartments of that sort; among other inconveniences to which
this exposed them, the snakes were now plenty enough to be frequently seen
upon the hovels under which they shelterd: Most of the passengers in this
ship were of those called quakers; some of good estates in England. The
commissioners had before left them, and were by this time got to a place
called Chygoes 3 Island, (afterwards Burlington) their business being to
treat with the Indians about the land there, and to regulate the
settlements, having not only the proprietors but governor Andros's
commission for that purpose; for in their passage hither, they had first
dropped anchor at Sandy-Hook, while the commissioners went to New-York to
acquaint him with their design; for tho' they concluded the powers they
had from the proprietors, were sufficient to their purpose; they thought
it a proper respect to the duke of York's commission, to wait on his
governor upon the occasion; he treated them civily, but asked them if they
had anything from the duke, his master? They replied, nothing particularly;
but that he had conveyed that part of his country to lord Berkeley, and he
to Byllinge, &c. in which the government was as much conveyed, as the
soil: The governor replied, all that will not clear me; if I should
surrender without the duke's order, it is as much as my head is worth; but
if you had but a line or two from the duke, I should be as ready to
surrender it to you, as you would be to ask it. Upon which the
commissioners, instead of excusing their imprudence in not bringing such
an order, began to insist upon their right, and strenuously to assert
their independency: But Andros clapping his hand on his sword, told them,
that should defend the government from them, 'till he received orders from
the duke, his master, to surrender it; he however softened, and told them,
he would do what was in his power, to make them easy, 'till they could
send home to get redress; and in order thereto, would commissionate the
same persons mentioned in the commission they produced.4 This they
accepted, and undertook to act as magistrates under him, 'till further
orders came from England, and proceed in relation to their land affairs,
according to the methods prescribed by the proprietors.

When arrived at their government, they applied to the Swedes for
interpreters between them and the Indians: Israel Helmes, Peter Rambo, and
Lacy Cock, were recommended: By their help they made a purchase from
Timber Creek to Rankokas Creek, another from Oldman's Creek to Timber
Creek: After this they got Henric Jacobson Falconbre, to be their
interpreter, and purchased from Rankokas Creek to Assunpink:5 But when
they had agreed upon this last purchase, they had not Indian goods
sufficient to pay the consideration, yet gave them what they had, to get
the deed signed; they were however obliged to agree with the Indians not
to settle 'till the remainder was paid: Having travelled through the
country and viewed the land, the Yorkshire commissioners, Joseph Helmsley,
William Emley and Robert Stacy, on behalf of the first purchasers, chose
from the falls of Delaware down, which was hence called the first tenth;
the London commissioners, John Penford, Thomas Olive, Daniel Wills, and
Benjamin Scott, on behalf of the ten London proprietors, chose at
Arwaumus, (in and about where the town of Gloucester now is) this was
called the second tenth: To begin a settlement there, Olive sent up
servants to cut hay for cattle he had bought: When the Yorkshire
commissioners found the others were like to settle at such a distance,
they told them, if they would agree to fix by them, they would join in
settling a town,6 and that they should have the largest share, in
consideration that they (the Yorkshire commissioners) had the best land in
the woods: Being few, and the Indians numerous, they agreed to it. The
commissioners employed Noble, a surveyor, who came in the first ship, to
divide the spot. After the main street was ascertained, he divided the
land on each side into lots; the easternmost among the Yorkshire
proprietors, the other among the Londoners: To begin a settlement, ten
lots of nine acres each, bounding on the west, were laid out; that done,
some passengers from Wickaco, chiefly those concerned in the Yorkshire
tenth, arrived the latter end of October. The London commissioners also
employed Noble, to divide the part of the island yet unsurveyed, between
the ten London proprietors in the manner beforementioned: The town thus by
mutual consent laid out, the commissioners gave it the name first of New-
Beverley, then Bridlington, but soon changed it to Burlington. Some of the
masters of families that came in the ship last mentioned, and settled in
that neighbourhood, were Thomas Olive, Daniel Wills, William Peachy,
William Clayton, John Crips, Thomas Eves, Thomas Harding, Thomas Nositer,
Thomas Fairnsworth, Morgan Drewet, William Pennton, Henry Jenings, William
Hibes, Samuel Lovett, John Woolston, William Woodmancy, Christopher
Saunders, and Robert Powell: John Wilkinson and William Perkins, were
likewise with their families passengers, but dying on the voyage, the
latter were exposed to additional hardships, which were however moderated
by the care of their fellow passengers: Perkins was early in life
convinced of the principles of those called Quakers, and lived well in
Leicestershire; but seeing an account of the country wrote by Richard
Hartshorne, and forming views of advantage to his family, tho' in his 52d
year, he, with his wife, four children and some servants, embarked in
this ship: Among the latter was one Marshall, a carpenter, particularly
serviceable in fitting up habitations for the new comers; but it being
late in the fall when they arrived, the winter was much spent before the
work was begun; in the interim they lived in wigwams, built after the
manner of the Indians. Indian corn and venison, supplied by the Indians,
was their chief food: These people were not then much corrupted with
strong liquors, but generally very friendly and helpful to the English;
notwithstanding it was thought endeavours had been used to make them
otherwise, by insinuations that the English sold them the small-pox in
their matchcoats.7 This distemper was among them, aud a company getting
together to consult about it, one of their chiefs said, - "In my
grandfather's time the small-pox came: In my father's time the small-pox
came; and now in my time the small-pox is come." Then stretching his hands
towards the skies, said, it came from thence. To this the rest assented.

Having traced this ship's company into winter quarters, the next in course
is the Willing Mind, John Newcomb commander; she arrived from London, in
November [1677], and dropt anchor at Elsingburgh; brought about sixty or
seventy passengers: Some settled at Salem, others at Burlington; among the
former were James Nevill, Henry Salter, and George Deacon, with their
families. In this year also arrived the Flie-Boat Martha, of Burlington,
(Yorkshire) sailed from Hull the latter end of summer, with one hundred
and fourteen passengers, designed to settle the Yorkshire tenth: Some
masters of families in this ship, were: Thomas Wright, William Goforth,
John Lynam, Edward Season, William Black, Richard Dungworth, George Miles,
William Wood, Thomas Schooley, Richard Harrison, Thomas Hooten, Samuel
Taylor, Marmaduke Horsman, William Oxley, William Ley, and Nathaniel Luke;
the families of Robert Stacy and Samuel Odas; and Thomas Ellis and John
Batts, servants,8 sent by George Hutchinson, also came in this ship.
Twenty of the passengers, perhaps more, were living 45 years afterwards.

In one of these ships, or about this time however, arrived John Kinsey,
then a young man; his father one of the commissioners aforementioned,
dying on his arrival, the care of his family fell to him; he was
afterwards a man of distinguished services, in several public stations;
and his son after him, of the same name, the late chief justice of
Pennsylvania, must be long remembered by many in both provinces.

Having landed so many of the settlers, it may not be disagreable to know
some of their first sentiments of the country. John Crips in a letter to
Henry Stacy, gives the following account of it:

"From Burlington, in Delaware river, the 26th of the 8th month, 1677.

"Dear Friend,

"Through the mercy of God, we are safely arrived at New-Jersey; my wife
and all mine are very well and we have our healths rather better here than
we had in England; indeed the country is so good, that I do not see how it
can reasonably be found fault with: As far as I perceive, all the things
we heard of it in England, are very true; and I wish that many people
(that are in straits) in England, were here.

"Here is good land enough lies void, would serv many thousands of
families; and we think if they cannot live here, they can hardly live in
any place in the world; but we do not desire to persuade any to come, but
such as are well satisfied in their own minds. A town lot is laid out for
us in Burlington, which is a convenient place for trade; it is about one
hundred and fifty miles up the river Delaware; the country and air seems
to be very agreable to our bodies, and we have very good stomachs to our
victuals: Here is plenty of provision in the country; plenty of fish and
fowl, and good venison very plentiful, and much better than ours in
England; for it eats not so dry, but is full of gravy, like fat young
beef. You that come after us need not fear the trouble that we have had,
for now here is land ready divided against you come: The Indians are very
loving to us, except here and there one, when they have gotten strong
liquors in their heads, which they now greatly love: But for the country,
in short, I like it very well; and I do believe, that this river of
Delaware is as good a river as most in the world: It exceeds the river of
Thames by many degrees.

"Here is a town laid out for twenty properties, and a straight line drawn
from the river side up the land, which is to be the main street, and a
market place about the middle. The Yorkshire ten proprietors are to build
on one side, and the London ten the other side; and they have ordered one
street to be made along the river side, which is not divided with the
rest, but in small lots by itself; and every one that hath any part in a
propriety, is to have his share in it. The town lots for every propriety
will be about ten or eleven acres, which is only for a house, orchard and
gardens; and the corn and pasture ground is to be laid out in great
quantities.
"I am thy loving friend,

"JOHN. CRIPS."

Thomas Hooten to his wife, dated 29th 8th month, 1677:

"My dear,

"I am this present at the town called Burlington, where our land is; it is
ordered to be a town for the ten Yorkshire and ten London proprietors. I
like the place well; our lot is the second next the water side: It's like
to be a healthful place, and very pleasant to live in. I came hither
yesterday, being the 28th of October, with some friends that were going to
New-York. I am to be at Thomas Olive's house, 'till I can provide better
for myself: I intend to build a house, and get some corn into the ground:
And I know not how to write concerning thy coming, or not coming hither;
the place I like very well, and I believe that we may live here very well:
But if it be not made free, I mean as to the customs and government,9 then
it will not be so well, and may hinder many that have desires to come: But
if those two things be cleared, thou may take thy opportunity of coming
this summer.

"THOMAS HOOTON."

William Clark to the proprietors.

"New-Jersey, 20th 2d month, 1678.

"Dear Friends,

"I doubt not but it will be great satisfaction to you, to hear of mine and
the rest of friends passage to, and safe arrival in New-Jersey: We took
ship the sixteenth of November, and made the land of New-Jersey in thirty-
four days. Now friends, as to this country, there has been much said by
several persons in commendation thereof, both as to the increase of all
sorts of grain and fruits; as also of the plenty of fish, fowl, deer,
swine, &c. that I shall not need to add any thing to it; but in short,
this I have to say, that I do not know any one thing to fall short of what
was reported of this province, but that more might truly have been said of
its pleasant situation, wholesome air, and general and great increase of
all things planted, and especially of Indian corn, which is a very good
and serviceable grain many ways; the English wheat and barley primely
good; but rie and pease much better than any I ever saw in England or
Ireland. I doubt not but you have had an account of all other matters
before this (by those who came to Jersey before me) comes to your hands:
And I have no other end in this, than keeping you from the rash censures
of people that know it not; as also for the good and prosperity of this
good county, &c.

"WILLIAM CLARK.

"Directed for William Penn, Gawen Lawrie, or Edward Byllinge."

John Crips to his brother and sister.

"Burlington, in New-Jersey, upon the river Delaware, the 19th of 4th
month, called June, 1678.

"Dear and loving brother and sister.

"I have received both your letters, wherein I understand your faith
concerning this country, is much shaken, thro several false reports given
thereof; which may be proved false under the hands of several good
friends; I hope as worthy to be believed as that reporter; and such as
have had more experience of this place than he had, or could have, in so
short a time; besides he came among us shortly after our coming hither,
when things were not settled in that order amongst us, as now they are;
neither indeed did he find such entertainment from some, as he expected;
which I suppose makes him speak the worst he can devise of this place: But
I question not but this report will in a short time be wiped away, some of
which in my knowledge, is grossly untrue, as well as contradictions to his
own words; for I remember when I travelled with him through part of New-
Jersey, he confessed that much of this land was as good or better than the
land in Rhode-Island: And it's really my judgment, that those people that
cannot be contented with such a country, and such land as this is they are
not worthy to come here: And this I can truly tell you, if I were now in
England with you (and which I should be very glad to see) yet if all I had
in the world would but bring me hither, I would freely leave you and my
native country, and come to New-Jersey again; which I have said many a
time heretofore, but now write it under my hand, and it's really the
truth, whether you will believe it or not; and farther, I can truly tell
you, that I desire not, nor dare to write the least untruth, to draw you,
nor any others to this place: But I am resolved, if I never see your faces
more, to leave you to your own freedom. But I hope you are not insensible
of my love and desires for you; tho' I am, I say, constrained to forbear
persuading you, or any one else against their own freedoms; yet I think it
my duty to let you, and all men know the truth of things as near as I can.
Your letter saith, "it's reported the water is not so good as in England."
I do not remember that ever I tasted better water in any part of England,
than the springs of this place do yield; of which is made very good beer
and ale; and here is also wine and cyder. And whereas your letter to me
saith, "several have come back from this country to England." Two or three
I suppose: there are lazy idle persons that have done so; but on the other
hand, here are several persons, men of estates, that have been here, and
have gone back to England, and sold their estates and returned with their
whole families, hither again; which methinks should take many of these
scruples out of the way, if nothing else were said or done in praise of
this country: But I suppose there are many in England, that desire to hear
ill of this place, because they would keep their friends there with them;
and they think we never write enough of the bad properties of the country,
and vermin in it.

Now this I may say, in short, that here are bears, wolves, foxes, rattle
snakes, and several other creatures, (I do believe because I see the
Indians have such skins to sell) but I have travelled several hundreds of
miles, to and fro, and I never to my knowledge, saw one of those
creatures, except two rattle snakes, and I killed them both: I suppose the
fear of those creatures in England, is far worse to some there, than the
hurt of them is here; and as for the musketto fly, we are not troubled with
them in this place; our land for the most part, lying high and healthy, and
they for the most part, are in a low boggy ground. Thomas Budd and his
family are arrived; the ship lyeth before this town, that brought them: I
wish you have not cause to repent that you came not along with them; they
had a very good passage, and so had the London ship; they are both in the
river at this time. I understand by Thomas Budd, that he did satisfy you
as near as he could, of the truth of things here; and you had as much
reason to believe him, as that other person, and more too; for Thomas had
far more experience of this place, than he could have in the short time he
was among us; so of these things I shall forbear to write any further at
present.

"JOHN CRIPS.

"To the truth of the contents of these things, we subscribe our names;
Daniel Wills, Thomas Olive, Thomas Harding, Thomas Budd, William Peachy."

In the 10th month O.S. 1678, arrived the Shield, from Hull, Daniel Towes
commander, one of the ships mentioned in the above letter, and dropped
anchor before Burlington, being the first ship that came so far up
Delaware: Against Coaquanock 10 being a bold, shore, she went so near in
turning, that part of the tackling struck the trees; some on board then
remarked it was a fine spot for a town: A fresh gale brought her to
Burlington: She moord to a tree, and the next morning the people came
ashore on the ice, so hard had the river suddenly frozen.

In her came William Emley, the second time, with his wife, two children,
one born by the way, two men and two women servants; Mahlon Stacy, his
wife, children and several servants, men and women; Thomas Lambert, his
wife, children and several men and women servants; John Lambert and
servant; Thomas Revell, his wife, children and servants; Godfrey Hancock,
his wife, children and servants; Thomas Potts, his wife and children; John
Wood and four children; Thomas Wood, his wife and children; Robert Murfin,
his wife and two children; Robert Schooly, his wife and children; James
Pharo, his wife and children; Susannah Fairnsworth, her children and two
servants; Richard Tattersal, his wife and children; Godfrey Newbold, John
Dewsbury, Richard Green, Peter Fretwell, John Fretwell, John Newbold, one
Barns, a merchant from Hull, Francis Barwick, George Parks, George Hill,
John Heyres, and several more.

In this year also arrived a ship from London, which brought John Denn,
Thomas Kent, John Hollinshead, with their families; William Hewlings,
Abraham Hewlings, Jonathan Eldridge, John Petty, Thomas Kirby, with
others: The first of these settled about Salem, the rest at Burlington.
About this time, and a few years afterwards, arrived at Burlington, the
following settlers from England, viz. John Butcher, Henry Grubb, William
Butcher, William Brightwin, Thomas Gardner, John Budd, John Bourten, Seth
Smith, Walter Pumphrey, Thomas Ellis, James Satterthwaite, Richard Arnold,
John Woolman, John Stacy, Thomas Eves, Benjamin Duffield, John Payne,
Samuel Cleft, William Cooper, John Shinn, William Biles, John Skein, John
Warrel, Anthony Morris, Samuel Bunting, Charles Read, Francis Collins,
Thomas Mathews, Christopher Wetherill, John Dewsbury, John Day, Richard
Basnett; John Antrom, William Biddle, Samuel Furnace, John Ladd, Thomas
Rape; Roger Huggins and Thomas Wood.11

Some hint has been given respecting the Dutch conquest of New-York and
New-Jersey,12 and that in 1673, they were yielded to king Charles the
second, by the general article of the treaty of peace: It was to prevent
any disputes that might arise upon a plea of the property being thus
alienated from the first purchasers, that that king did, by his letters
patent bearing date the 29th day of June, 1674, grant unto the duke of
York, his heirs and assigns, the several tracts of land in America, which
by the former letters patent had been granted to him; of which New-Jersey
was part. In this year, upon the application of the assigns of lord
Berkely, the duke made them a new grant of West New-Jersey; and in like
manner by an instrument bearing date the 10th of October, granted the
eastern moiety of New-Jersey, to the grandson of Sir George Carteret.

1 Thomas Hutchinson, of Beverley in the county of York, yeoman; Thomas
Pierson, of Bonwicke in the said county, yeoman; Joseph Helmsly, of Great
Kelke in the said county, yeoman; George Hutchinson, of Sheffield in the
said county, distiller, and Mahlon Stacy of Hansworth in the said county,
tanner, were all principal creditors to E. Byllinge, to whom several of
the other creditors made assignments of their debts, which together
amounted to the sum of £.2450 sterling, and who took in satisfaction of the
said sum seven, full equal and undivided ninetieth parts of ninety equal
and undivided hundred parts of West-Jersey; and the same was conveyed to
them, their heirs and assigns, by William Penn, Gawen Lawne, Rich. Lucas
and Ed. Byllinge, by deed hearing date the first of the month called
March, 1676: And by another conveyance of the same date, from and to the
same persons, in satisfaction for other debts to the amount of £.1050
sterling, three other full equal and undivided ninetieth parts of the
aforesaid ninety equal and undivided hnndred parts of West-Jersey were
also conveyed.

2 Richard Guy came in the first ship: John Kinsey, died at Shackamaxon
soon after his landing; his remains were interr'd at Burlington, in ground
appropriated for a burying ground, but now a street.

3 From Chygoe, an Indian sachem, who lived there.

4 John Fenwick having neglected this precaution, as to the government of
his tenth, was sent for a prisoner to New-York.

5 The deed for the lands between Rankokas creek and Timber creek bears
date the 10th of September, 1677; that for the lands from Oldman's creek
to Timber creek the 27th of September, 1677, and that from Rankokus creek
to Assunpink the 10th of October, 1677: By the consideration paid for the
lands between Oldmans and Timber creek, a judgment may be formed of the
rest. It consisted of 30 matchcoats, 20 guns, 30 kettles and one great
one, 30 pair of hose, 20 fathom of duffelds, 30 petticoats, 30 narrow
hoes, 30 bars of lead, 15 small barrels of powder, 70 knives, 30 indian
axes, 70 combs, 60 pair or tobacco tongs, 60 scissars, 60 tinshaw looking-
glasses, 120 awl-blades, 120 fish-hooks, 2 grasps of red paint, 120
needles, 60 tobacco boxes, 120 pipes, 200 bells, 100 Jewsharps, 6 anchors
of rum. In the year 1703, another purchase was made by the council of
proprietors of West-Jersey, of land lying above the falls of Delaware;
another also about that time of lands at the head of Rankokas river, and
several purchases afterwards included the whole of the lands worth taking
up in West-Jersey, except a few plantations reserved to the Indians; one
of these in particular ought to be noted in this place, to the honour of
John Wills, sometime one of the council, by whose advice the indian sachem,
called king Charles, laid an English right on a large plantation at
Weekpink, containing a valuable tract of land, in the county of
Burlington, which is so contrived as to remain unalienable from his
posterity, who now enjoy the benefit of it.

The following are entries from the records of the council of proprietors
relating to the purchases above:

"At a meeting of the council of proprietors at Burlington, the second day
of November, anno 1703. PRESENT: George Deacon, president, Samuel
Jennings, Thomas Gardner, Christopher Wetherill, John Reading. ORDERED,
That John Wills, William Biddle, jun. and John Reading, or any two of
them, do go up to the Indians above the Falls, and particularly to
Caponockous, in order to have the tract of land lately purchased of the
Indians marked forth, and get them to sign a deed for the same; as also to
receive the residue of the goods as yet unpaid, or so many of them that
can be had, and to give him an obligation for the payment of the remaining
part next spring. Ordered likewise, That the persons abovesaid, do go to
Nimhammoe's wig-wam, in order to treat with him, to see the bounds of the
land lately purchased of him, to mark the same if it may be, and to pay
him what part of the goods is already procured in part towards the said
purchase; and to do what else may be necessary towards perfecting
purchases of the concerns with the said Indians, and compleating of the
aforesaid; the said persons also taking with them Thomas Foulke, Andrew
Heath, or some other proper person, to be an interpreter between them and
the Indians.

"At a meeting of the council of proprietors at Burlington, on the 27th day
of June, anno dom. 1703. PRESENT: Mahlon Stacy, Thomas Gardner, John
Wills, George Deacon, Christopher Wetherill, Samuel Jennings and John
Reading. The persons appointed to treat with the indians, at the Falls, do
make report, that they accordingly met with the Indians, and made a full
agreement with them, that is to say, with Himhammoe, for one tract of
land, adjoining to the division line, and lying on both sides of Rariton
River, for the goods mentioned in a certain list for that purpose made;
and also with Coponnockou, for another tract of land, lying between the
purchase made by Adlord Boude, and the bounds of the land belonging to
Nimhammoe, fronting upon Delaware river, for the goods mentioned in a
particular list made to that end. Ordered, That publick notice be given to
the proprietors within this province, that they meet together at
Burlington, on the 19th day of July next, in order to inform them, that a
purchase is made, upon what terms, and also that all such may deposit
their proportions of the charge, that expect to receive benefit thereby;
which paper of publication is in these words:

"By the council of proprietors sitting in Burlington, the 28th day of
June, anno dom. 1703. Whereas many of the proprietors of this province
have at sundry times addressed the council of proprietors, that they might
be allowed a third dividend or taking up of land, proportionable to their
particular and respective rights in the said province: Now this may
certify, that the said council having taken into their consideration the
request of the said proprietors, and in order to answer the same, have
lately made an Indian parchase of lands situate above the falls of
Delaware; and therefore all proprietors who are concerned therein, or
expect to receive benefit thereby, are hereby required to meet with the
said council at Burlington, on the nineteenth day of July next, that they
may be more particularly informed concerning the said purchase, and upon
what terms and conditions it is made, and also to deposite their
respective proportions of the said purchase, and all other charge accruing
thereby. Given under my hand per order, and on the behalf of the said
council, the day and year above said.

"Upon the application of Mahamickwon, alias king Charles, an Indian
sachem, unto the council of proprietors, concerning the bounds of two
Indian purchases, formerly made from Rankokas creek to Timber creek, and
from Rankokas to Assunpink, in which deeds is mentioned the bounds to be
from the uppermost head of Rankokas to the uppermost head of Timber creek,
and by a right line exteding from the uppermost head of Rankokas to the
line of partition of Sir George Carteret, right against the uppermost head
of Assunpink; which bounds were inserted through misunderstanding between
the interpreters and the English, and in truth ought to be according to a
line that was afterwards actually run by agreement, made between the
English and the Indians, and which comes lower upon the creek than the
uppermost heads thereof; which said line the said king Charles desires may
be allowed, entered and recorded, as the true and right bounds of said
purchase and that the abovementioned bounds may be vacated and held
utterly void for the future, to which the council assents: informing the
sachem, that they always did and now do acknowledge and own the last
mentioned line to be the true limits of those purchases, and order the
same as actually run and marked by the English and Indians, to be approved
and held only for the true line of the abovementioned purchases; and that
the first mentioned and mistaken bounds be accounted null and void; and
also that a record be accordingly made thereof.

"At a meeting of the council of proprietors, the 19th of July, 1703.
PRESENT: Samuel Jenings, Thomas Gardner, George Deacon, Christopher
Wetherill, John Hugg, Isaac Sharp, and John Reading; the president absent.
Memorandum, to inform the proprietors, First, That the council have made
two Indian purchases, amounting to, according to our best computation, the
number of 150,000 acres at the least, the cost whereof to the Indians,
with other incidental charges, will amount to about the sum of £.700.
Secondly, That it is the design of the said council, to give publick
notice to the proprietors in England and elsewhere, what purchase is
already made, of the opportunity of purchasing more land, that may be
sufficient to allow the number of 5000 acres for each dividend to a
propriety, and of the cost thereof, which by as near an estimation as we
can make, will be about 24 l. propriety for each dividend; and that if the
said proprietors will appoint their agents, and defray their
proportionable part of the charges, on or before the 20th day of July,
anno dom. 1704, that then they shall receive their respective rights,
after the same method that the rest of the proprietors do, at any time
after the 18th of October 8, 1704. Thirdly, But if the said absent
proprietors shall neglect or refuse to pay their parts of the said charge,
then that the said Indian purchase already made, shall be taken up by such
proprietary residents in these parts, that shall deposite their respective
parts of the said purchase; which at 5000 for the dividend to a propriety,
will amount to about 30 proprieties, which we judge will nearly answer all
the proprietors who are or have agents in these parts. Fourthly, It is
expected, that all such proprietors who design to be interested for the
Indian purchase, do in some short time, advance their particular parts of
the said costs, in order to pay the Indians off according to agreement
made with them." Jeremiah Bass, attorney to the West-Jersey-Society, made
a purchase on their behalf, in 1693, of the lands between Cohansick creek
and Morris's river. [Vid. Revell's book, secretary's office, Burl. p.
325.] Many other Indian purchases were before and afterwards, from time to
time occasionally made, as the lands were wanted, in both East and West
Jersey; they are too numerous to be all particularized; and one hereafter
mentioned, compleated the whole that was left.

6 In pursuance of the charter brought with them from England.

7 Thomas Budd, who own'd a share of propriety in West-Jersey, and ancestor
to a large family there, who arrived at Burlington in 1768 [sic for 1678,
as per John Crips' letter - Ed. note], in a pamphlet describing the
country, about nine or ten years afterwards, says, "The Indians told us,
in a conference at Burlington, shortly after we came into the country,
they were advised to make war on us, and cut us off while we were but few;
for that we sold them the small pox, with the matchcoat they had bought of
us; which caused our people to be in fears and jealousies concerning them;
therefore we sent for the Indian kings to speak with them, who with many
more Indians came to Burlington, where we had a conference with them about
the matter; we told them we came amongst them by their own consent, and
had bought the land of them, for which we had honestly paid them; and for
what commodities we had bought at any time of them, we had paid them for,
and had been just to them, and had been, from the time of our first
coming, very kind and respectful to them; therefore we know no reason that
they had to make war on us; to which one of them, in behalf of the rest,
made this following speech in answer. 'Our young men may speak such words
as we do not like nor approve of; and we cannot help that; and some of
your young men may speak such words as you do not like, and you cannot
help that: We are your brothers, and intend to live like brothers with
you; we have no mind to have war; for when we have war, we are only skin
and bones, the meat that we eat doth not do us good; we always are in fear,
we have not the benefit of the sun to shine on us, we hide us in holes and
corners; we are minded to live at peace. If we intend at any time to make
war upon you, we will let you know of it, and the reasons why we make war
with you; and if you make us satisfaction for the injury done us, for which
the war was intended, then we will not make war on you; and if you intend
at any time to make war on us, we would have you let us know of it, and
the reason; and then if we do not make satisfaction for the injury done
unto you, then you may make war on us, otherwise you ought not to do it;
you are our brothers, and we are willing to live like brothers with you;
we are willing to have a broad path for you and us to walk in, and if an
Indian is asleep in this path, the Englishman shall pass by, and do him no
harm; and if an Englishman is asleep in this path, the Indian shall pass
him by, and say, "He is an Englishman, he is asleep; let him alone, he
loves to sleep." It shall be a plain path; there must not be in this path
a stump to hurt our feet. And as to the small pox, it was once in my
grandfathers time, and it could not be the English that could send it to
us then, there being no English in the country: And it was once in my
father's time, they could not send it us then neither; and now it is in my
time, I do not believe that they have sent it as now; I do believe it is
the man above that hath sent it us.'

"Some are apt to ask, how we can propose safely to live amongst such a
heathen people, as the Indians, whose principles and practices leads them
to war and bloodshed, and ours on the contrary to love enemies? I answer:
That we settled by the Indians consent and good liking, and bought the land
of them that we settle on; which they conveyed to us by deeds, under their
hands and seals, and also submitted to several articles of agreement with
us, viz. not to do us any injury: But if it should so happen that any of
their people at any time should injure or do harm to any of us, then they
to make us satisfaction for the injury done; therefore if they break these
covenants and agreements, then in consequence of them, they may be
proceeded against as other offenders, viz. to be kept in subjection to
the magistrate's power, in whose hand the sword of justice is committed,
to be used by him for the punishment of evil doers, and praise of them
that do well; tlierefore I do believe it to be both lawful and expedient
to bring offenders to justice, by the power of the magistrate's sword;
which is not to be used in vain, but may be used against such as raise
rebellions and insurrections against the government of the country, be
they christians or Indians (now that these have so far agreed to abide by
the laws of civil government) otherwise it is in vain for us to pretend to
magistracy or government; it being that which we own to be lawful both in
principle and practice. - The Indians have been very serviceable to us by
selling us venison, Indian-corn, pease and beans, fish and fowl, buck-
skins, beaver, otter, and other skins and furrs; the men hunt, fish and
fowl, and the women plant the corn and carry burthens: There are many of
them of a good understanding, considering their education, and in their
publick meetings of business, they have excellent order, one speaking
after another; and while one is speaking, all the rest keep silent, and do
not so much as whisper one to the other; we had several meetings with
them; one was in order to put down the sale of rum, brandy, and other
strong liquors, to them, they being a people that have not government of
themselves so as to drink in moderation; At which time there were eight
kings [One of them was Okanickon, a noted friend to the English; of whom
more in the viiith chapter] and many other Indians. The kings sat on a
form, and we on another over against them; they had prepared four belts of
wampum, (so their current money is called, being black and white beads
made of a fish-shell) to give us as seals of the covenant they made with
us; one of the kings, by the consent and appointment of the rest, stood up
and made this following speech. 'The strong liquor was first sold to us by
the Dutch; and they were blind, they had no eyes, they did not see that it
was for our hurt: The next people that came among us were the Swedes, who
continued the sale of those strong liquors to us; they were also blind,
they had no eyes, they did not see it to be hurtful to us to drink it,
although we know it to be hurtful to us; but if people will sell it to us,
we are so in love with it that we cannot forbear it; when we drink it, it
makes us mad, we do not know what we do, we then abuse one another, we
throw each other into the fire. Seven score of our people have been killed
by reason of the drinking it, since the time it was first sold us: Those
people that sell it are blind, they have no eyes; but now there is a
people come to live amongst us, that have eyes, they see it to be for our
hurt, and we know it to be for our hurt: They are willing to deny
themselves the profit of it for our good: These people have eyes; we are
glad such a people are come amongst us; we must put it down by mutual
consent; the cask must be sealed up; it must be made fast, it must not
leak by day nor by night, in the light nor in the dark; and we give you
these four belts of wampum, which we would have you lay up safe, and keep
by you, to be witnesses of this agreement that we make with you; and we
would have you tell your children, that these four belts of wampum are
given you to be witnesses betwixt us and you of this agreement.'"

8 Many that came servants, succeeded better than some that brought states;
the first inured to industry, and the ways of the country, became wealthy,
while the others obliged to spend what they had in the difficulties of
first improvements; and others living too much on their original stock,
for want of sufficient care to improve their estates, have, in many
instances, dwindled to indigency and want.

9 The customs were those imposed at New-Castle, upon all comers (of which
we shall presently see a more particular account) the government was yet
administered by virtue of governor Andros's commission, both which were
unexpected and disagreable: but these objections were soon removed.

10 The Indian name of the place where Philadelphia now stands.

11 Several of these have died within a few years past; whether any but
Wood are yet living, cannot here be told.

12 The accounts of that affair, tho' sufficient to authenticate the facts,
are defective: Sir George Carteret in a publick declaration to the
inhabitants, dated July 31, 1674, asserts it positively. The ingenious
author of the history of New-York, says, (p. 29, 30, 31.) "A few Dutch
ships arrived the 30th of July 1673, under Staten-island, at the distance
of a few miles from the city of New-York. John Manning a captain of an
independent company, had at that time the command of the fort, and by a
messenger sent down to the squadron, treacherously made his peace with the
enemy. On that very day, the Dutch ships came up, moored under the fort,
landed their men, and entered the garrison, without giving or receiving a
shot. A council of war was afterwards held at the Stadt-House, at which
were present, Cornelius Evertse, jun. and Jacob Benkes, commodores, and
Anthony Colve, Nicholas Boes, Abraham Ferd. Van Zyll, captains. All the
magistrates and constables from East-Jersey, Long Island, Esopus and
Albany, were immediately summoned to New-York; and the major part of them
swore allegiance to the States General, and the prince of Orange. Col.
Lovelace was ordered to depart the province, but afterwards obtained leave
to return to England with commodore Renkes. It has often been insisted on,
that this conquest did not extend to the whole province of New-Jersey; but
upon what foundation I cannot discover: From the Dutch records it appears,
that deputies were sent by the people inhabiting the country, even so far
westward as Delaware river, who in the name of their principals, made a
declaration of their submission; in return for which, certain privileges
were granted to them, and three judicatories erected at Niewer Amstel,
Upland, and Hoarkill. - The Dutch governor enjoyed his office but a very
short season, for on the 9th of February 1674, the treaty of peace between
England and the States General was signed at Westminster; the sixth
article of which restored this country to the English."



CHAP. VII.
Letters from some of the settlers of West-Jersey; and arguments against the
customs imposed at the Hoar-Kill by the governor of New-York.

Some letters from the first settlers of West-Jersey, with accounts of their
situation and sentiments of the country, have already been introduced; more
might be added, but the following may suffice in this place:

Abstract of Mahlon Stacy's letter to his brother Revell, and some others,
dated the 26th of the 4th month 1680.

"But now a word or two of those strange reports you have of us and our
country; I affirm they are not true, and fear they were spoke from a
spirit of envy: It is a country that produceth all things for the support
and sustenance of man, in a plentiful manner; if it were not so, I should
be ashamed of what I have before written; but I can stand, having truth
on my side, against and before the face of all gainsayers and evil spies: I
have travelled through most of the places that are settled, and some that
are not, and in every place I find the country very apt to answer the
expectation of the diligent: I have seen orchards laden with fruit to
admiration, their very limbs torn to pieces with the weight, and most
delicious to the taste, and lovely to behold; I have seen an apple tree
from a pippin kernel, yield a barrel of curious cyder; and peaches in such
plenty, that, some people took their carts a peach-gathering; I could not
but smile at the conceit of it: They are a very delicate fruit, and hang
almost like our onions that are tied on ropes: I have seen and known this
summer, forty bushels of bold wheat of one bushel sown; and many more such
instances I could bring; which would be too tedious here to mention: We
have from the time called May until Michaelmass, great store of very good
wild fruits, as strawberries, cranberries and hurtleberries, which are
like our bilberries in England, but far sweeter; they are very wholesome
fruits. The cranberries much like cherries for colour and bigness, which
may be kept 'till fruit come in again; an excellent sauce is made of them
for venison, turkeys, and other great fowl, and they are better to make
tarts than either goosberries or cherries; we have them brought to our
houses by the Indians in great plenty. My brother Robert had as many
cherries this year as would have loaded several carts: It is my judgment
by what I have observed, that fruit trees in this country destroy
themselves by the very weight of their fruit: As for venison and fowls, we
have great plenty: We have brought home to our houses by the Indians,
seven or eight fat bucks of a day; and some times put by as many; having
no occasion for them; and fish in their season very plenteous: My cousin
Revell and I, with some of my men, went last third month into the river to
catch herrings; for at that time they came in great shoals into the
shallows; we had neither rod nor net; but after the Indian fashion made a
round pinfold, about two yards over, and a foot high, but left a gap for
the fish to go in at, and made a bush to lay in the gap to keep the fish
in; and when that was done, we took two long birches and tied their tops
together, and went about a stone's east above our said pinfold; then
hawling these birche's boughs down the stream, where we drove thousands
before us, but so many got into our trap as it would hold, and then we
began to hawl them on shore as fast as three or four of us could, by two
or three at a time; and after this manner, in half an hour, we could have
filled a three bushel sack of as good and large herrings as ever I saw;
and as to beef and pork, here is great plenty of it, and cheap; and so
good sheep: The common grass of this country feeds beef very fat: I have
killed two this year, and therefore I have reason to know it; besides I
have seen this fall, in Burlington, killed eight or nine fat oxen and cows
on a market day, and all very fat: And though I speak of herrings only,
lest any should think we have little other sorts, we have great plenty of
most sorts of fish that ever I saw in England; besides several other sorts
that are not known there; as rocks, cat-fish, shads, sheeps-heads,
sturgeons; and fowls plenty; as ducks, geese, turkies, pheasants,
partridges, and many other sorts that I cannot remember, and would be too
tedious to mention. Indeed the country, take it as a wilderness, is a
brave country; though no place will please all. But some will be ready to
say, he writes of conveniencies, but not of inconveniencies: In answer to
those, I honestly declare, there is some barren land, as (I suppose) there
is in most places of the world, and more wood than some would have upon
their lands; neither will the country produce, corn without labour, nor
cattle be got without something to buy them, nor bread with idleness; else
it would be a brave country indeed: And I question not, but all then would
give it a good word; for my part I like it so well, I never had the least
thought of returning to England, except on the account of trade.

"MAHLON STACY."

In a letter to William Cook of Sheffield, and others, Stacy wrote thus:

"This is a most brave place; whatever envy or evil spies may speak of it,
I could wish you all here; Burlington will be a place of trade quickly;
for here is way for trade: I, with eight more, last winter, bought a good
ketch of fifty tons, freighted her out at our own charge, and sent her to
Barbados, and so to sail to Saltertugas, to take in part of her lading in
salt, and the rest in Barbados goods as she came back; which said voyage
she hath accomplished very well, and now rides before Burlington,
discharging her lading, and so to go to the West-Indies again; and we
intend to freight her out with our own corn. We have wanted nothing since
we came hither, but the company of our good friends and acquaintance; all
our people are very well, and in a hopeful way to live much better than
ever they did; and not only so, but to provide well for their posterity:
They improve their lands and have good crops; and if our friends and
countrymen come, they will find better reception than we had by far at
first, before the country was settled as now it is. I know not one among
the people, that desires to be in England again; I mean since settled: I
wonder at our Yorkshire people, that they had rather live in servitude,
and work hard all the year, and not be three pence the better at the years
end, than stir out of the chimney corner and transport themselves to a
place where, with the like pains, in two or three years, they might know
better things.

"I never repented my coming hither, nor yet remembred thy arguments and
out-cry against New-Jersey with regret. I live as well to my content, and
in as great plenty as ever I did, and in a far more likely way to get an
estate. Tho' I hear some have thought I was too large in my former, I
affirm it to be true; having seen more with mine eyes in this time since,
than ever yet I wrote of.1

"MAHLON STACY.

"From the Falls of Delaware, in West-New-Jersey, the 26th of the 4th
month, 1680."

Abstract of a letter from Daniel Wills to William Biddle, in Bishops-gate-
Street, London.2

"Dear friend,

"Let every man write according to his judgment, and this is mine
concerning this county; I do really believe it to be as good a country as
any man need to dwell in; and it is much better than I expected every
way for land I will assure thee; here is as good by the judgment of men,
as any in England; and for my part I like the country so well, and it is so
pleasant to me, that if I had a good estate in land in England, I should
not come to live upon it; for through industry here will be all things
produced that are necessary for a family as in England, and far more easy,
I am satisfied: When I am walking alone, and the sense of the Lord's good
dealings is brought before me; I cannot but admire him for his mercies,
and often in secret bless his name, that ever he turnd my face hitherward,
and gave me confidence in himself; and boldness by faith, to oppose all
gainsayers; though never so strong: Although them I could not say, it
seemed so clear to leave the land of my nativity, yet now it is to me a
certainty, that my removal was right, and in what I did, I had peace; and
in all my exercises by sea and land, I never felt the least matter in me,
as to desire I had not come forward, but rather rejoiced in the midst of
all. Though my removal was not ordinary, because of the largeness of my
family, yet blessed be God, all is well to our content; if thou heeds
every objection, it will be work enough: My resolutions were, and my
sayings to several opposers, that I would come; if God hindred me not, no
man should. I have writ to John Mulliner and Edward Cooper largely,
concerning the country, and refer to that letter.

Now my near and ancient acquaintance, William and Sarah Biddle, my love
you may feel beyond expression; and if you have clearness to come to New-
Jersey, let nothing hinder; but if you have a stop within yourselves, let
not any thing farther you until the way clears to your full satisfaction.
In this advice I deny myself; if I might I would forward you to the
utmost, but I dare not; if a man cannot live here, I believe he can
hardly live in any place in the world; the place being, as I thought, set
before me, by him who gives length of days; I will wait his good pleasure,
and see what he will afford me in it. The last ship that came to New-York,
brought several passengers, some of which came to see this country, and
liked it well; so dear friends, you may stand against all opposers
concerning the land, for it is good.

"DANIEL WILLS.

"Burlington, 6th of 11th month, 1679-80."

Though the passengers who had already come to West-Jersey, were well
satisfied with the country, things in general answering beyond their
expectation; yet they were under one great inconveniency. We have seen,
that the governor of New-York, had very early imposed ten per cent. on all
goods imported at the Hoar Kill; and on exports, something in kind still
subsisted; five per cent being demanded of the settlers at arrival, or
afterwards, at the officer's pleasure; and that not according to the neat
cost of the goods, but upon the foot of the invoice, as shipped in
England: This was evidently an arbitrary act; neither West-Jersey nor the
passengers to it were properly under their jurisdiction; the settlers from
the first complained of the hardship, but bore it with tolerable patience,
'till about 1680; when they had it repressed by the interposition of their
friends in England, who applying to the duke of York, he referred the
matter to council; there it rested for a considerable time; but at last,
by the diligence of W. Penn, Geo. Hutchinson, and others, was reported in
their favour: Sir John Werden, on the duke's behalf, wrote to have it
discontinued. The arguments used against this duty or impost may be seen
by the following:

"To those of the duke's commissioners, whom he has ordered to hear, and
make report to him, concerning the customs demanded in New West-Jersey, in
America, by his governor of New-York.

"1st. The king has granted to the duke of York, a tract of land in
America, consisting of several Indian countries, with such powers and
authorities as are requisite to make laws, and to govern and preserve the
territory when planted: But with this restriction twice expressed, and
several times referred to, viz. So always as the said statutes, ordinances,
and proceedings, be not contrary, but as near as may be, agreeable to the
laws, statutes, and government of this our realm of England. In another
place thus; And further, it may be lawful for our dearest brother, his
heirs and assigns, by these presents, to make, ordain, and establish all
manner of orders, laws, direetions, instruments, and forms of government,
and magistrates fit and necessary for the territory aforesaid: But still
with this limitation; so always as the same be not contrary to the laws
and statutes of this our realm of England, but as near as may be agreeable
thereto.

"2. The duke of York, by virtue of this grant from the king to him, for a
competent sum of money, (paid by the lord John Berkely and Sir George
Carteret) granted and sold to them, a tract of land, called now by the
name of New-Cesarea, or New-Jersey; and that in as ample manner as it was
granted by the king to the duke.

"Thus then we come to buy that moiety which belonging to lord Berkeley,
for a valuable consideration; and in the conveyance he made us, powers of
government are expressly granted; for that only could have induced us to
buy it; and the reason is plain, because to all prudent men, the
government of any place is more inviting than the soil; for what is good
land without good laws; the better the worse: And if we would not assure
people of an easy and free, and safe government, both with respect to
their spiritual and worldly property; that is, an uninterrupted liberty of
conscience, and an inviolable possession of their civil rights and
freedoms, by a just and wise government, - a meer wilderness would be no
encouragement; for it were a madness to leave a free, good and improved
country, to plant in a wilderness; and there adventure many thousands of
pounds, to give an absolute title to another person to tax us at will and
pleasure: This single consideration, we hope, will excuse our desire of
the government; not asserted for the sake of power but safety; and that
not only for ourselves, but others; that the plantation might be
encouraged.

"3. The lord Berkeley and Sir George Carteret, considering how much
freedom invites, that they might encourage people to transport themselves
into those parts, made and divulged certain concessions, containing a
model of government: Upon these several went, and are there planted; the
country was thus possessed, and the said government uninterruptedly
administered by the said lord Berkely and Sir George Carteret, or their
deputy, for several years; during which time no custom was demanded.

"4. We dealt with the said lord Berkeley, upon the sight of these
concessions, and the presumption that neither he nor Sir George Carteret,
would attempt to act any thing they had not power to do; much less, that
they or either of them, would pretend to sell a power they never had;
since that would not only be a cheat to the people that dealt with them for
it, but an high affront to the duke.

"5. The moiety of New-Cassarea, or New-Jersey, thus bought of the said
lord Berkeley, we dispose of part of our interest to several hundreds of
people, honest and industrious; these transport themselves, and with them
such houshold stuff and tools, as are requisite for planters to have: They
land at Delaware bay, the bounds of the country we bought; the passage God
and nature made to it; at their arrival they are saluted with a demand of
custom, of five per cent. and that not as the goods may be there worth,
but according to the invoice as they cost before shipp'd in England; nor
did they take them as they came, but at pick and chose, with some severe
language to boot. This is our grievance; and for this we made our
application to have speedy redress, not as a burden only, with respect to
the quantum or the way of levying it, or any circumstances made hard by
the irregularity of the officers, but as a wrong; for we complain of a
wrong done us; and ask yet with modesty, quo jure? Tell us the title by
what right or law are we thus used; that may a little mitigate our pain? -
Your answer hitherto hath been this,

"That it was a conquered couutry; and that the king, being the conqueror,
he has power to make laws, raise money, &c. and that this power jure
regale, the king hath vested in the duke, and by that right and
sovereignty, the duke demands that custom we complain of." But suppose the
king were an absolute conqueror in the case depending, doth his power
extend equally over his own English people, as over the conquered? Are not
they some of the letters that make up the word conqueror? Did Alexander
conquer alone, or Caesar beat by himself? No. Shall their armies of
countrymen and natives lie at the same mercy as the vanquished, and be
exposed to the same will and power with their captive enemies? The Norman
duke, more a conqueror of England, by his subjection to our laws, and
pretence to a title by them, than of heraldry by his arms, used not the
companions of his victory so ill:

Natural right and humane prudence, oppose such doctrine all the world
over; for what is it but to say, that people free by law under their prince
at home, are at his mercy in the plantations abroad; and why? because he
is a conqueror there, but still at the hazard of the lives of his own
people, and at the cost and charge of the publick: We could say more, but
choose to let it drop. But our case is better yet; for the kings grant to
the duke of York, is plainly restrictive to the laws and government of
England, and that more than once, as is before expressed. Now the
constitution and government of England, as we humbly conceive, are so far
from countenancing any such authority, as it is made a fundamental in our
constitution and government, that the king of England cannot justly take
his subjects goods without their consent: This needs no more to be proved,
than a principle; 'tis jus indigene, an home-born right, declared to be
law by diverse statutes; as in the great charter, ch. 29, and 34 Ed. 3,
ch. 2; again, 25 Ed. ch. 7. Upon this were many of the parliament's
complaints grounded; but particularly that of the same king's reign, as is
delivered by Mat. Westminster, in these words: - - - - - - 3 To give up
this (the power of making laws) is to change the government, to sell, or
rather resign ourselves to the will of another; and that for nothing: For
under favour we buy nothing of the duke, if not the right of an
undisturbed colonizing, and that as Englishmen with no diminution, but
expectation of some increase of those freedoms and privileges enjoyed in
our own country; for the soil is none of his, 'tis the natives, by the Jus
gentium, by the law of nations; and it would be an ill argument to
convert to christianity, to expel instead of purchasing them out of those
countries: If then the country be theirs, it is not the dukes; he cannot
sell it; then what have we bought? We are not unanswered in this point, and
desire you to do it with all due regard to the great honour and justice of
the duke: If it be not the right of colonizing there, which way have we
our bargain, that pay an arbitrary custom, neither known to the laws of
England, nor the settled constitution of NewYork, and those other
plantations? To conclude this point, we humbly say, that we have not lost
any part of our liberty, by leaving our country; for we leave not our
king, nor our government, by quitting our soil; but we transplant to a
place given by the same king, with express limitation to erect no polity
contrary to the same established government, but as near as may be to it;
and this variation is allowed but for the sake of emergencies; and that
latitude bounded with these words, for the good of the adventurer and
planter; which that exaction of custom can never be: In that it not only
varies to the discouragement and prejudice of the planter, but contradicts
his native laws, rights and liberties, and lays a foundation for another
sort of government than that which was only known to his fathers; unto the
just defence of which he is engaged by nature and municipal laws: So far
the point of law.

"We shall now insist upon the equity of our case; First, This very tax of
five per cent. is a thing not to be found in the duke's conveyances, but
an after-business; a very surprize to the planter! and such an one, as
could they have foreseen, they would, have sooner taken up in any other
plantation in America. In the next place,

"2. New-Jersey never paid custom before last peace, and that peace
reinvests every proprietor by articles. Now we bought it when free, since
which time this imposition is born; must we be subjected to the payment of
one tax, of greater value than the country? This in plain English, is
under another name, paying for the same thing twice over; nay, had the
soil been purchased of the Indians, by those of whom we bought it, and
given us; it had been dearly accepted, upon this condition, and with this
incumbrance; but it was bought by us, and that for a valuable
consideration here; and is now purchased again of the natives there too;
this makes our case extreme hard, and we pray relief.

"3. Custom in all governments in the world, is laid upon trade, but this
upon planting is unprecedented: Had we brought commodities so these parts
to sell, made profit out of them, and returned to the advantage of
traders; there had been some colour or pretence for this exaction; but to
require and force a custom from persons for coming to their property,
their own terra firma, their habitations; in short, for coming home, is
without a parallel; this is paying custom not for trading, but landing; not
for merchandizing, but planting; in very deed for hazarding; for there we
go; carry over our families and estates; adventure both for the
improvement of a wilderness, and are not only told we must pay hereafter
out of our gains and improvements, but must pay out of our poor stock and
principal, (put into goods) five pounds in the hundred; and not as they
are there worth, but as they here cost; and this for coming to plant: So
that the plain English of the tragedy is this; we twice buy this moiety of
New-Jersey, first of lord Berkeley, and next of the natives; and what for?
the better to mortgage ourselves and posterity to the duke's governors,
and give them a title to our persons and estates, that never had any
before: But pray consider, can there be a house without a bottom; or
a plantation before a people? If not, can there be a custom before a
trade? Thus much for the equitable part of our plea; the next and last, is
the prudential: We do offer several things in point of prudence, why the
duke should desist from the exaction: First, there can be no benefit to a
prince in America, there can be no trade, without a people; there will be
no people where there is no encouragement; nor can there be any
encouragement where people have not greater privileges by going than
staying; for if their condition be not meliorated, they will never forego
the comfort of their kindred they must leave behind them, nor forsake
their native country, run the hazard of the seas; nor lastly, expose
themselves to the wants and difficulties of a wilderness; but on the
contrary, if they have less privileges there than at home, 'tis every way
to worst themselves to go; for they did not only pay castom here for going,
but there for arriving; which is not done in any other plantation, even
when our men go to merchandize and not to plant, which is our case:
Besides there is no end of this power; for since we are by this precedent,
assessed without any law, and thereby excluded our English right of
common assent to taxes; what security have we of any thing we possess?

We can call nothing our own, but are tenants at will, not only for the soil
but for all our personal estates; we endure penury and the sweat of our
brows, to improve them at our own hazard only: This is to transplant, not
from good to better, but from good to bad; this sort of conduct has
destroyed government, but never raised one to any true greatness; nor
ever will in the duke's territories, whilst so many countries equally good
in soil and air, surrounded with greater freedom and security: Whereas if
the duke please to make all planters easy and safe in their liberty and
property, such a just and free government will draw in other places,
encourage persons to transplant into his country, and his disbursements
will soon be at an end; his revenues, with satisfaction to the people,
presently visibly augmented: Next this encouragement shipping and seamen,
which not only takes off abundance of idle people, but our native growth
and manufacture, and the export of them; and the import of the produce of
these plantations, in a little time overflow and advance the revenue of
the crown: Virginia and Barbados are proofs undeniable in the case.

"Lastly, the duke's circumstances, and the people's jealousies considered,
we humbly submit it, if there can be in their opinion, a greater evidence
of a design to introduce an unlimited government, than both to exact such
an unterminated tax from English planters, and to continue it after so
many repeated complaints; and on the contrary, if there can be any thing
so happy to the duke's present affairs, as the opportunity he hath to free
that country with his own hand, and to make us all owners of our liberty,
to his favour and justice: So will Englishmen here know what to hope for,
by the justice and kindness he shews to Englishmen there; and all men to
see the just model of his government in New-York, to be the scheme and
draught in little, of his administration in Old England at large, if the
crown should ever devolve upon his head. The conclusion is this, that for
all these reasons in law, equity and prudence, alledged; you would please
to second our request to the duke, that like himself, he would void this
taxation, and put the country in such an English and free condition, that
he may be as well loved and honoured, as feared by all the inhabitants of
his territory; that being great in their affections, he may be great by
their industry; which will yield him that wealth, that parent of power,
that he may be as great a prince by property as by title."

That this custom was now taken off, will, among other things, appear by the
following letter from Samuel Jenings,4 directed to William Penn, Edward
Byllinge, or Gawen Lawrie.

"Dear friends,

"This may give you an account of mine and my families safe arrival in New-
Jersey, with all the rest that came with us. I might say something
concerning our passage at sea, but I wave it for want of time, and in fine
may observe all was well; for which I bless God; and the Lord keep us all
sensible of it, with the rest of his mercies forever.

"Dear friends, about six weeks since, we arrived in Delaware river, where
I expected to have met with a combat, in the denial of customs: In our
passage at sea, I had communicated to all that had any considerable cargo
on board, the opinion of council, concerning the illegal demand thereof,
with what else I thought might be for their information; which thus far
prevailed, that most if not all concerned, seemed resolved to deny the
paying of custom here; having paid all the king's duties in England. In
good time we came to anchor in Delaware, where one Peter Alrick came
aboard, and brought a handsome present to our commander, and sent for me
into the round-house, where they both were, and Peter told me he had
nothing to say to us relating to customs;5 he had no commission for it,
nor did he know of any body that had; so we had all our goods safely
landed after his unexpected easy manner.

"In pursuance of the trust committed to me after my arrival, I acquainted
those nominated in the commission with me of it; but in a short time after
I received your letters, giving an account of a new grant obtained,
wherein the customs are taken off; a free port confirmed, and the
government settled on Edward Byllinge; which I doubt not will be very
acceptable to every honest man; but as yet I have not had time to let the
people in general know it: And now seeing the ports are made legally free,
and the government settled, I would not have any thing to remain as a
discouragement to planters: Here are several good and convenient
settlements already, and here is land enough and good enough for many more.

"SAMUEL JENINGS

"New-Jersey, the 17th of October, 1680."

1 The inhabitants of West-Jersey, had hitherto either pounded their corn
or ground it with hand mills; but about this time Olive had built his
water mill on his plantation, nigh Rankokas creek; and in this year Stacy
finished his mill at Trenton: This last having been rebuilt, continues
good: These two were the only mills that ground for the country several of
the first years after their arrival.

2 William and Sarah Biddle, with their family, removed for West-Jersey, in
the summer, 1681.

3 The manuscript copy whence this is taken, is here defaced: It contains a
number of authorities from Bracton, Fortesque, the petition of right, &c.

4 He with his family, removed from Coles hill, the upper side of the
county of Bucks, about the third month, 1680.

5 He used to collect the customs.