History of Nova Caesarea - Part 12



APPENDIX

NUMBER I

The concessions and agreement of the lords proprietors of the province of
New-Caesarea, or New-Jersey, to and with all and every of the adventurers,
and all such as shall settle or plant there. [A.D. 1664]

IMPRIMIS, We do consent and agree, that the governor of the said province
hath power, by the advice of his council, to depute one in his place and
authority, in case of death or removal, to continue until our further
order, unless we have commissioned one before.

2. Item. That he hath likewise power to make choice of; and take to him six
councellors at least, or twelve at most, or any even number betwixt six and
twelve, with whose consent and advice, or with at least three of the six,
or four of a greater number (all being summon'd) he is to govern according
to the limitations and instructions following, during our pleasure.

3. Item. That the chief secretary or register which we have chosen, or
shall choose, (we failing) that he shall choose, shall keep exact entries
in fair books, of all publick affairs: And to avoid deceits and lawsuits,
shall record and enter all grants of land from the lords to the planters;
and conveyances of land, house or houses, from man to man, as also all
leases for land, house or houses, made or to be made by the landlord to
any tenant, for more than one year; which conveyance or lease shall be
first acknowledged by the grantor or lessor, or proved by the oath of two
witnesses to the lease or conveyance, before the governor, or some chief
judge of a court, for the time being, who shall under his hand, on the
backside of the said deed or lease, attest the acknowledgement or proof as
aforesaid; which shall be a warrant for the register to record the same:
Which conveyance so recorded shall be good and effectual in law,
notwithstanding any other conveyance, deed or lease for the said land,
house or houses, or for any part thereof; altho' dated before the
conveyance, deed or lease, recorded as aforesaid: And the said register
shall do all other thing or things that we by our instructions shall
direct, and the governor, council and general assembly shall ordain, for
the good and welfare of the said province.

4. Item. That the surveyor general that we have chosen or shall choose, (we
failing that the governor shall choose) shall have power by himself or
deputy, to survey, lay out and bound all such lands as shall be granted
from the lords to the planters; and all other lands within the said
province, which may concern particular men, as he shall be desired to do,
and a particular account thereof certify to the register, to be recorded
as aforesaid. Provided, that if the said register and surveyor, or either
of them, shall misbehave themselves, as that the governor and council, or
deputy governor and council, or the major part of them, shall find it
reasonable to suspend their actings in their respective employments, it
shall be lawful for them so to do, until further orders from us.

5. Item. That the governor, councillors, assembly men, secretary,
surveyor, and all other officers of trust, shall swear or subscribe (in a
book to be provided for that purpose) that they will bear true allegiance
to the king of England, his heirs and successors; and that they will be
faithful to the interests of the lords proprietors of the said province,
and their heirs, executors and assigns; and endeavour the peace and
welfare of the said province; and that they will truly and faithfully
discharge their respective trust, in their respective offices, and do equal
justice to all men, according to their best skill and judgment, without
corruption, favour or affection; and the names of all that have sworn or
subscribed, to be entered in a book: And whosoever shall subscribe and not
swear, and shall violate his promise in that subscription, shall be liable
to the same punishment that the persons are or may be, that have sworn or
broken their oaths.

6. Item. That all persons that are or shall become subjects of the king of
England, and swear or subscribe allegiance to the king, and faithfulness
to the lords, shall be admitted to plant, and become freemen of the said
province, and enjoy the freedoms and immunities hereafter expressd, until
some stop or contradiction be made by us the lords, or else the governor,
council aad assembly; which shall be in force until the lords see cause to
the contrary: Provided, that such stop shall not any ways prejudice the
right or continuance of any person that have been received before such
stop or orders come from the general assembly.

7. Item. That no person qualified as aforesaid, within the said province,
at any time shall be any ways molested, punished, disquieted or called in
question, for any difference in opinion or practice in matters of
religious conceruments, who do not actually disturb the civil peace of the
said province; but that all and every such person and persons, may, from
time to time, and at all times, freely and fully have and enjoy his and
their judgments and consciences, in matters of religion, throughout the
said province, they behaving themselves peaceably and quietly, and not
using this liberty to licentiousness, nor to the civil injury or outward
disturbance of others; any law, statute or clause contained, or to be
contained, usage or custom of this realm of England, to the contrary
thereof in any wise notwithstanding.

8. Item. That no pretence may be taken by our heirs or assigns, for or by
reason of our right of patronage and power of advouson granted by his
majesty's letters patents, unto his royal highness James duke of York, and
by his said royal highness unto us, thereby to infringe the general cause
of liberty of conscience aforementioned: We do hereby grant unto the
general assembly of the said province, power by act, to constitute and
appoint, such and so many ministers or preachers as they shall think fit,
and to establish their maintenance, giving liberty beside to any person or
persons to keep and maintain what preachers or ministers they
please.

9. Item. That the inhabitants being freemen, or chief agents to others of
the province aforesaid; do, as soon as this our commission shall arrive,
by virtue of a writ, in our names, by the governor, to be for the present
(until our seal comes) sealed and signed, make choice of twelve deputies
or representatives, from amongst themselves; who being chosen, are to join
with the said governor and council, for the making of such laws,
ordinances and constitutions as shall be necessary for the present good
and welfare of the said province: But so soon as parishes, divisions,
tribes, and other distinctions are made, that then the inhabitants or
freeholders of the several respective parishes, tribes, divisions and
districtions aforesaid, do by our writs, under our seals, (which we ingage
shall be in due time issued) annually meet on the first day of January,
and choose free-holders for each respective division, tribe or parish, to
be the deputies or representatives of the same: Which body of
representatives, or the major part of them, shall, with the governor and
council aforesaid, be the general asaembly of the said province; the
governor or his deputy being present, unless they shall wilfully refuse;
in which case they may appoint themselves a president during the absence
of the governor, or the deputy governor.

Which assemblies are to have power.

First. To appoint their own time of meeting, and to adjourn their sessions
from time to time, to such times and places as they shall think
convenient; as also to ascertain the number of their quorum; provided, the
said number be not less than the third part ot the whole, in whom (or
more) shall be the full power of the general assembly.

Secondly. To enact and make all such laws, acts and constitutions as shall
be necessary for the well government of the said province, and them to
repeal: Provided, that the same be consonant to reason, and as near as may
be, conveniently agreeable to the laws and customs of his majesty's
kingdom of England: Provided also, that they be not against the interest
of us the lords proprietors, our heirs or assigns, nor any of those our
concessions, especially that they be not repugnant to the article for
liberty of conscience abovementioned; which laws, &c. so made, shall
receive publication from the governor and council, (but as the laws of us
and our general assembly) and be in force for the space of one year, and
no more; unless contradicted by the lords proprietors; within which time,
they shall be presented to us, our heirs, &c. for our ratification; and
being confirmed by us, they shall be in continual force, 'till expired by
their own limitation, or by act of repeal, in like manner to be passed as
aforesaid, and confirmed.

Thirdly. By act as aforesaid, to constitute all courts, together with the
limits, powers and jurisdictions of the same, as also the several offices,
and number of the officers belonging to each court, with their respective
salaries, fees, and perquisites, their appellations and dignities, with
the penalties that shall be due to them, for the breach of their several
and respective duties and trusts.

Fourthly. By act as aforesaid, to lay equal taxes and assessments equally
to raise monies or goods upon all lands (except such as belong to us the
lord proprietors before settling) or persons within the several precincts,
hundreds, parishes, manors, or whatsoever other divisions shall hereafter
be made, and established in the said province as often as necessity shall
require, and in such manner as to them shall seem most equal and easy for
the said inhabitants, in order to the better supporting of the publick
charge of the said government and for the mutual safety, defence, and
security of the said province.

Fifthly. By act as aforesaid, to erect within the said province, such and
so many manors, with their necessary courts, jurisdictions, freedoms and
privileges, as to them shall seem meet and convenient; as also to divide
the said province into hundreds, parishes, tribes, or such other divisions
and districtions as they shall think fit, and the said divisions, to
distinguish by what names we shall order or direct, and in default
thereof; by such names as they please; as also in the said province to
create and appoint such and so many ports harbours, creeks and other
places, for the convenient loading and unloading of goods and merchandize,
out of ships, boats and other vessels, as shall be expedient with such
jurisdictions, privileges and franchises, to such ports &c. belonging, as
they shall judge most conducing to the general good of the said plantation
or province.

Sixthly. By their enacting, to be confirmed as aforesaid, to erect, raise
and build within the said province, or any part thereof; such and so many
forts, fortresses, castles, cities, corporations, boroughs, towns,
villages, and other places of strength and defence, and them or any of
them, to incorporate with such charters and privileges, as to them shall
seem good, and the grant made unto us, will permit; and the same, or any
of them, to fortify and furnish with such provisions and proportions of
ordnance, powder, shot, armour, and all other weapons, ammunition and
habiliments of war, both offensive and defensive, as shall be thought
necessary and convenient for the safety and welfare of the said province;
but they may not at any time demolish, dismantle, or disfurnish the same,
without the consent of the governor and the major part of the council of
the said province.

Seventhly. By act as aforesaid, to constitute trained bands and companies,
with the number of soldiers, for the safety, strength, and defence of the
said province, and of the forts, castles, cities, &c. to suppress all
mutinies and rebellions, to make war offensive and defensive, with all
Indians, strangers and foreigners, as they shall see cause; and to pursue
an enemy as well by sea as by land (if need be) out of the limits and
jurisdictions of the said province, with the particular consent of the
governor, and under his conduct, or or our commander in chief; or whom
he shall appoint.

Eighthly. By act aforesaid, to give to all strangers, as to them shall
seem meet, a naturalization, and all such freedoms and privileges within
the said province, as to his majesty's subjects do of right belong they
swearing or subscribing as aforesaid; which said strangers, so naturalized
and privileged, shall be in all respects accounted in the said province as
the king's natural subjects.

Ninthly. By act as aforesaid, to prescribe the quantities of land which
shall be from time to time allotted to every head, free or servant, male
or female, and to make or ordain rules for the casting of lots for land,
and the laying out of the same: Provided, that they do not in their
prescriptions, exceed the several proportions which are hereby granted by
us, to all persons arriving in the said province, or adventuring thither.

Tenthly. The general assembly, by act as aforesaid, shall make provision
for the maintenance and support of the governor, and for the defraying of
all necessary charges of the government; as also the constables of the
said province, shall collect the lords rent, and shall pay the same to the
receiver that the lords shall appoint to receive the same; unless the said
general assembly shall prescribe some other way whereby the lords may have
their rents duly collected, without charge or trouble to them.

Eleventhly, and lastly. To enact, constitute and ordain, all such other
laws, acts and constitutions, as shall or may be necessary for the good
prosperity and settlement of the said province (excepting what by these
presents is excepted) and conforming to the limitations herein exprest.

The governor is with his council before expressed,

First. To see that all courts established by the laws of the general
assembly, and all ministers and officers, civil and military, do and
execute their several duties and offices respectively, according to the
laws in force, and to punish them for swerving from the laws, or acting
contrary to their trust, as the nature of their offences shall require.

Secondly. According to the constitution of the general assembly, to
nominate and commissionate the several judges, members and officers of
courts, whether magistratical or ministerial, and all other civil
officers, coroners, &c. and their commissions, powers and authority, to
revoke at pleasure. Provided, that they appoint none but such as are
freeholders in the province aforesaid, unless the general assembly consent.

Thirdly. According to the constitution of the general assembly, to appoint
courts and officers, in cases criminal, and to impower them to inflict
penalties upon offenders against any of the laws in force in the said
province, as the said laws shall ordain; whether by fine, imprisonment,
banishment, corporal punishment, or to the taking away of member or life
itself; if there be cause for it.

Fourthly. To place officers and soldiers for the safety, strength and
defence of the forts, castles, cities, &c. according to the number
appointed by the general assembly; to nominate, place and commissionate
all military officers under the dignity of the said governor, who is
commissionated by us, over the several train'd bands and companies,
constituted by the general assembly, as colonels, captains, &c. and their
commissions to revoke at pleasure: The governor, with the advice of his
council, unless some present danger will not permit him, to advise to
muster and train all forces within the said province, to prosecute war,
pursue an enemy, suppress all rebellions and mutinies, as well by sea as
land; and to exercise the whole militia, as fully as we by the grant from
his royal highness can impower them to do: Provided, that they appoint no
military forces but what are freeholders in the said province, unless the
general assembly shall consent.

Fifthly. Where they see cause, after condemnation, to reprieve, until the
case be presented, with a copy of the whole trial, proceedings and proofs,
to the lords, who will accordingly either pardon or command execution of
the sentence on the offender; who is in mean time to be kept in safe
custody, 'till the pleasure of the lords be known.

Sixthly. In case of death or other removal of any of the representatives
within the year, to issue summons, by writ, to the respective division or
divisions for which he or they were chosen, commanding the freeholders of
the same to choose others in their stead.

Seventhly. To make warrants and seal grants of lands, according to those
our concessions and the prescriptions by the advice of the general
assembly, in such form as shall be at large set down in our instructions
to the governor, in his commission, and which are hereafter expressed.

Eighthly. To act and do all other things that may conduce to the safety,
peace and well government of the said province, as they shall see fit; so
as they be not contrary to the laws of the said province.

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

First. They are not to impose, nor suffer to be imposed, any tax, custom,
subsidy, tallage, assessment, or any other duty whatsoever, upon any
colour or pretence, upon the said province and inhabitants thereof; other
than what shall be imposed by the authority and consent of the general
assembly, and them only in manner as aforesaid.

Secondly. They are to take care, that lands quietly held, planted and
possessed seven years after its being duly surveyed by the surveyor
general, or his order, shall not be subject to any review, re-survey or
alteration of bounds, on what pretence soever, by any of us, or any
officer or minister under us.

Thirdly. They are to take care, that no man, if his cattle stray or range,
or graze, on any ground within the said province, not actually
appropriated or set out to particular persons, shall be liable to pay any
trespass for the same, to us, our heirs, or executors. Provided, that
custom of commons be not thereby pretended to, nor any person hindered
from taking up and appropriating any lands so grazed upon, and that no
person do purposely suffer his cattle to graze on such lands.

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

First. We do hereby grant unto all persons who have already adventured
into the said province of New-Caesaria, or New-Jersey, or shall transport
themselves or servants before the first of day January, which shall be in
the year of our lord, 1665, these following proportions, viz. To every
freeman that shall go with the first governor from the port where he
embarks (or shall meet him at the rendezvous he appoints) for the
settlement of a plantation, there armed with a good musket, bore twelve
bullets to the pound, with ten pounds of powder and twenty pounds of
bullets, with bandaliers and matches convenient, and with six months
provision; for his own person arriving there, one hundred and fifty acres
of land, English measure; and for every able man servant, that he shall
carry with him, armed and provided as aforesaid, and arriving there, the
like quantity of one hundred and fifty acres of land, English measure; and
whosoever shall send servants at that time, shall have, for every able man
servant he or she shall send armed and provided as aforesaid, and arriving
there, the like quantity of one hundred and fifty acres; and for every
weaker servant or slave, male or female, exceeding the age of fourteen
years, which any one shall send or carry, arriving there, seventy five
acres of land; and to every christian servant, exceeding the age
aforesaid, after the expiration of their time of service, seventy five
acres of land for their own uses.

Secondly, Item. To every master or mistress, that shall go before the
first day of January, which shall be in the year of our lord 1665, one
hundred and twenty acres of land; and for every able man servant, that he
or she shall carry or send armed and provided as aforesaid, and arriving
within the time aforesaid, the like quantity of one hundred and twenty
acres of land; and for every weaker servant or slave, male or female,
exceeding the age of fourteen years, arriving there, sixty acres of land;
and to every christian servant, to their own use and behoof; sixty acres
of land.

Thirdly, Item. To every free man or free woman, that shall arrive in the
said province, armed and provided as aforesaid, within the second year,
from the first day of January 1665, to the first day of January 1666, with
an intention to plant, 90 acres of land, English measure; and for every
able man servant, that he or she shall carry or send armed and provided as
aforesaid, ninety acres of land like measure.

Fourthly, Item. For every weaker servant or slave, aged as aforesaid, that
shall be so carried or sent thither within the second year, as aforesaid,
forty-five acres of land of like measure; and to every christian servant
that shall arrive the second year, forty-five acres of land of like
measure, after the expiration of his or their time of service, for their
own use and behoof.

Fifthly, Item. To every free man and free woman, armed and provided as
aforesaid, that shall go and arrive with an intention to plant, within the
third year, from January 1666, to January 1667, armed and provided as
aforesaid, three score acres of land of like measure; and for every able
man servant, that he or they shall carry or send within the said time,
armed and provided as aforesaid, the like quantity of three score acres of
land; and for every weaker servant or slave, aged as aforesaid, that he or
they shall carry or send within the third year, thirty acres of land; and
to every christian servant so carried or sent in the third year, thirty
acres of land of like measure, after the expiration of their time of
service. All which land, and all other that shall be possessed in the said
province, are to be held on the same terms and conditions as is before
mentioned, and as hereafter in the following paragraphs is more at large
expressed. Provided always, that the before mentioned land and all other
whatsoever, that shall be taken up and so settled in the said province,
shall afterward from time to time for the space of thirteen years, from
the date hereof; be held upon the conditions aforesaid, continuing one
able man servant or two such weaker servants as aforesaid, on every
hundred acres a master or mistress shall possess, besides what was granted
for his or her own person; in failure of which, upon other disposure to
the present occupant, or his assigns, there shall be three years giving to
such for their compleating the said number of persons, or for their sale
or dispositions of such part of their lands, as are not so peopled within
such time of three years: If any such person holding any land, shall fail,
by himself his agents, executors or assigns, or some other way to provide
such number of persons, unless the general assembly shall without respect
to poverty, judge it was impossible for the party so failing, to keep or
procure his or her number of servants to be provided for as aforesaid; in
such case, we the lords to have power of disposing of so much of such land
as shall not be planted with its due number of persons as aforesaid, to
some others that will plant the same. Provided always, that no person
arriving in the said province, with purpose to settle (they being subjects
or naturalized as aforesaid) be denied a grant of such proportions of
land, as at the time of their arrival there are due to themselves or
servants, by concession from us as aforesaid; but have full licence to
take up and settle the same, in such order and manner as is granted or
prescrib'd. All lands (notwithstanding the powers in the assembly
aforesaid) shall be taken up by warrant from the governor, and confirmed
by the governor and council, under a seal to be provided for that purpose,
in such order and method, as shall be set down in this declaration, and
more at large in the instruction to the governors and council.

And that the lands may be the more regularly laid out, and all persons the
better ascertained of their titles and possession.

First. The governor and council and general assembly, (if any be) are to
take care, and direct that all lands be divided by general lots, none less
than two thousand one hundred acres, nor more than twenty-one thousand
acres in each lot, excepting cities, towns, &c. and the near lots of
townships; and that the same be divided into seven parts; one seventh part
to us, our heirs and assigns; the remainder to persons as they come to
plant the same, in such proportions as is allowed.

Secondly, Item. That the governor, or whom he shall depute, in case of
death or absence, if some be not before commissionated by us as aforesaid,
to give to every person to whom land is due, a warrant, signed and sealed
by himself; and the major part of his council, and directed to the
surveyor general, or his deputy, commanding him to lay out, limit and
bound [intentional space here] acres of land, (as his due proportion) is
for such a person, in such allotment, according to the warrant; the
register having first recorded the same, and attested the record upon the
warrant: The surveyor general, or his deputy, shall proceed and certify to
the chief secretary or register, the name of the person for whom he hath
laid out land, by virtue of what authority, the date of the authority or
warrant, the number of acres, the bounds, and on what point of compass the
several limits thereof lye; which certificate the register is likewise to
enter in a book to be prepared for that purpose, with an alphabetical
table, referring to the book, that so the certificate may be the easier
found; and then to file the certificates, and the same to keep safely: The
certificate being entered, a warrant comprehending all the particulars
of land mentioned in the certificate aforesaid, is to be signed and sealed
by him and his council, or the major part of them as aforesaid, they
having seen the entry, and directed to the register or chief secretary,
for his preparing a grant of the land to the party for whom it is laid
out; which grant shall be in the form following, viz.

"The lords proprietors of the province of New-Caesaria, or New-Jersey, do
hereby grant unto A. B. of the [town, settlement, etc.] in the province
aforesaid, a plantation, containing [specific number of] acres, English
measure; bounding as in the certificate, to hold to him or her, his or her
heirs and assigns for ever, yielding and paying yearly unto the said lords
proprietors, their heirs or assigns, every twenty fifth day of March,
according to the English accompt, one half penny of lawful money of
England, for every of the said acres, to be holder, as of the manor of
East Greenwich, in free and common socage, the first payment of which
rents to begin the 25th day of March, which shall be in the year of our
lord 1670, according to the English accompt. Given under the seal of the
said province, the [number] day [of named month] in the year of our lord
166[ ]."

To which instrument the governor or his deputy, hath hereby full power to
put the seal of the said province, and to subscribe his name; as also the
council, or major part of them, are to subscribe their names, and then the
instrument or grant is to be by the register recorded in the book of
records for that purpose; all which being done according to these
instructions, we hereby declare, that the same shall be effectual in law,
for the enjoyment of the said plantation, and all the benefits and profits
of and in the same, (except the half part of mines of gold and silver,)
paying the rent as aforesaid: Provided, that if any plantation so granted,
shall by the space of three years, be neglected to be planted with a
sufficient number of servants as is before mentioned, that then it shall
and may be lawful for us otherwise to dispose thereof, in whole or in
part, this grant notwithstanding.

Thirdly, Item. We do also grant convenient proportions of land for
highways and streets, not exceeding one hundred feet in breadth in cities,
towns and villages, &c. and for churches, forts, wharffs, keys, harbours,
and for publick houses, and to each parish for the use of their ministers,
two hundred acres, in such places as the general assembly shall appoint.

Fourthly, Item. The governor is to take notice, that all such lands laid
out for the uses and purposes aforesaid, in the next preceding article,
shall be free and exempt from all rents, taxes and other charges and
duties whatsoever, payable to us, our heirs or assigns.

Fifthly, Item. That in laying out lands for cities, towns, villages,
boroughs, or other hamlets, the said lands be divided into seven parts,
one seventh part whereof to be by lot laid out for us, and the rest to be
divided to such as shall be willing to build thereon, they paying after
the rate of one penny or half penny per acre, (according to the value of
the land) yearly to us, as for their other lands as aforesaid; which said
lands in the cities and towns, &c. is to be assured to each possessor by
the same way and instrument, as is before mentioned.

Sixthly, Item. That all rules relating to the building of each street, or
quantity of ground to be allotted to each house within the said respective
cities, boroughs and towns, be wholy left, by act as aforesaid, to the
wisdom and discretion of the general assembly.

Seventhly, Item. That the inhabitants of the said province have free
passage thro' or by any seas, bounds, creeks, rivers, or rivulets &c. in
the said province, through or by which they must necessarily pass to come
from the main ocean to any part of the province aforesaid.

Eighthly and lastly. It shall be lawful for the representatives of the
freeholders, to make any address to the lords, touching the governor or
council, or any of them, or concerning any grievance whatsoever, or for
any other thing they shall desire, without the consent of the governor and
council, or any of them. Given under our seal of our said province, the
10th day of February, in the year of our lord 1664.
BERKELEY,
G. CARTERET.



NUMBER II.
The concessions and agreements of the proprietors, freeholders and
inhabitants of the province of West New-Jersey, in America [1676].

CHAP. I.

We do consent and agree as the best present expedient, that such persons as
shall be from time to time deputed, nominated and appointed commissioners
by the present proprietors, or the major part of them, by writing under
their hands and seals, shall be commissioners for the time being, and have
power to order and manage the estate and affairs of the said province of
West New-Jersey, according to these our concessions hereafter following,
and to depute others in their place and authority in case of death or
removal, and to continue until some other persons be deputed, nominated
and appointed by the said proprietors or the major part of them, to
succeed them in that office and service. And the commissioners for the
time being, are to take care, for setting forth and dividing all the lands
of the said province as be already taken up, or by themselves shall be
taken up and contracted for with the natives; and the said lands so taken
up and contracted for, to divide into one hundred parts, as occasion shall
require; that is to say, for every quantity of land that they shall from
time to time lay out to be planted and settled upon, they shall first, for
expedition, divide the same into ten eqial parts or shares, and for
distinction sake, to mark in the register, and upon some of the trees
belonging to every tenth part, with the letters A. B. and so end at the
letter K. And after the same is so divided and marked, the said
commissioners are to grant unto Thomas Hutchinson, of Beverly, Thomas
Pearson, of Bonwicke, Joseph Helmsly, of Great Kelke, George Hutchinson,
of Sheffield, and Mahlon Stacy, of Hansworth, all of the county of York,
or their lawful deputies, or particular commissioners, for themselves and
their friends, who are a considerable number of people, and many speedily
promote the planting of the said province.

That they may have free liberty to make choice of any one of the said
tenth parts or shares, which shall be first divided and set out, being
also done with their consent, that they may plant upon the same as they
see meet; and afterward any other person or persons who shall go over to
inhabit, and have purchased to the number of ten proprieties, they shall
and may have liberty to make choice of any of the remaining parts or
shares to settle in: And all other proprietors who shall go over to settle
as aforesaid, and cannot make up amongst them the number of ten
proprietors; yet nevertheless, they shall and may have liberty to make
choice of settling in any of the said tenth shares, that shall not be
taken up before: And the commissioners have hereby power to see the said
one tenth part, that they shall so mnke choice of, laid out and divided
into ten proprieties, and to allot them so many proprieties out of the
same as they have order for; and the said commissioners are to follow
these rules, until they receive contrary order from the major part of the
proprietors, under their hands and seals.

The said commissioners for the time being, have hereby power for appointing
and setting out fit places for towns, and to limit the boundaries thereof;
and to take care they be as regular built as the present occasion, time,
and conveniency of the places will admit of. And that all towns to be
erected and built, shall be with the consent of the commissioners for the
time being, or the major part of them. And further, the said commissioners
are to order the affairs of the said province, according to these
concessions, and any other instructions that shall be given them by the
major part of the proprietors, until such time as more or other
commissioners shall be chosen by the inhabitants of West-Jersey, as here
in these concessions is mentioned and appointed.

And it is further expressly provided and agreed to, that whereas there is a
contract or agreement granted by William Penn, Gawen Lawrie and Nicholas
Lucas, unto Thomas Hutchinson, Thomas Pearson, Joseph Helmsly, George
Hutchinson and Mahlon Stacy, dated the second day of the month called
March, 1676, instant, wherein they grant unto the said persons, certain
privileges for a town to be built, whereby they have liberty to choose
their own magistrates and officers for executing the laws according to the
concessions within the said town; which said contract or agreement is to
be held firm and good to all intents and purposes, and we do by these our
concessions confirm the same.


CHAP. II.
And that all and every person and persons, may enjoy his and their just and
equal propriety and purchase of lands, in the said province; it is hereby
agreed, concluded and ordained, that the surveyor or surveyors, that the
said proprietors have deputed and appointed, or shall depute and appoint;
they failing, that the commissioners shall depute and appoint, or that the
general free assembly hereafter shall depute and appoint, shall have power
by him or themselves, or his or their lawful deputy or deputies, to
survey, lay out or bound, all the proprietors lands, and all such lands as
shall be granted from any of the proprietors to the freeholders, planters,
or inhabitants, and a particular or terrior thereof, to certify to the
register, to be recorded.


CHAP. III.
That hereafter upon further settlement of the said province, the
proprietors, freeholders, and inhabitants, resident upon the said
province, shall and may, at or upon the five and twentieth day of the
month called March, which shall be in the year according to the English
account, one thousand six hundred and eighty; and so thence forward, upon
the five and twentieth day of March yearly, by the ninth hour in the
morning of the said day, assemble themselves together, in some publick
place to be ordered and appointed by the commissioners for the time
being; and upon default of such appointment, in such place as they shall
see meet, and then and there elect of and amongst themselves, ten honest
and able men, fit for government, to officiate and execute the place of
commissioners for the year ensuing, and until such time as ten more for
the year then next following, shall be elected and appointed: Which said
elections shall be as followeth, that is to say, the inhabitants each ten
of the one hundred proprieties, shall elect and choose one, and the one
hundred proprieties shall be divided into ten divisions or tribes of men.

And the said elections shall be made and distinguished by balloting
trunks, to avoid noise and confusion, and not by voices, holding up of the
hands, or otherwise howsoever: Which said commissioners so yearly to be
elected, shall likewise govern and order the affairs of the said province,
(pro tempore) for the good and welfare of the said people, and according
to these our concessions, until such time as the general free assembly
shall be elected and deputed in such manner and wise as is hereafter
expressed and contained.


CHAP. IV.
And that the planting of the said province be the more speedily promoted,
it is consented, granted, concluded, agreed and declared,

First, That the proprietors of the said province, have and do hereby grant
unto all persons, who by and with the consent of one or more of any of the
proprietors of the said province, attested by the certificate, under his
or their hands and seals, adventure to the said province of west New-
Jersey, and shall transport themselves or servants, before the first day
of the month commonly called April, which shall be in the year of our lord
one thousand six hundred seventy and seven, these following proportions,
viz. For his own person arriving, seventy acres of land, English measure;
and for every able man servant that he shall carry with him, and arriving
there, the like quantity of seventy acres of land, English measure: And
whosoever shall send servants before that time, shall have for every able
man servant, he or they so send as aforesaid, and arriving there, the like
quantity of seventy acres; and for every weaker servant, male or female,
exceeding the age of fourteen years, which any one shall send or carry,
arriving there, fifty acres of land; and after the expiration of their
time of service, fifty acres of land for their own use and behoof, to hold
to them and their heirs forever. All such person and persons, freemen or
servants, and their respective heirs and assigns, afterwards paying yearly
to the proprietor, his heirs and assigns, to whom the said lands belong,
one penny an acre, for what shall be laid out in towns, and one half penny
an acre, for what shall be laid out elsewhere: The first yearly payment to
begin within two years after the lands are laid out.

Secondly, To every master or mistress, that by and with such consent
aforesaid, shall go hence the second year, before the first day of the
month called April, which shall be in the year one thousand six hundred
seventy and eight, fifty acres of land; and for every able man servant,
that he or she shall carry or send, and arriving there, the like quantity
of fifty acres of land; and for every weaker servant, male or female,
exceeding the age of fourteen years, arriving there, thirty acres of land;
and after the expiration of their service, thirty acres of land, for their
own use and behoof; to hold to them and their heirs forever: All the said
persons, and their respective heirs and assigns, yearly paying as
aforesaid, to the proprietor, his heirs and assigns, to whom the land
belongs, one penny farthing the acre, for all such lands as shall be laid
out in towns, and three farthings the acre, for all that shall be laid out
elsewhere.

Thirdly, To every freeman that shall arrive in the said province, within
the third year, from the first day of the month commonly called April, in
the year one thousand six hundred seventy and eight, to the first of the
said month called April, one thousand six hundred seventy and nine, (with
an intention to plant) forty acres of land, English measure; and for every
able man servant, that he or she shall carry or send as aforesaid, forty
acres of land, of like measure; and for every weaker servant, aged as
aforesaid, that shall be so carried or sent thither, within the third year
as aforesaid, twenty acres of land, of like measure; and after the
expiration of his or their time of service, twenty acres of land for their
own use and behoof; to hold to them and to their heirs forever: All the
said persons and their heirs and assigns, paying yearly as aforesaid, to
the proprietor, his heirs and assigns, with whom they contract for the
same, one penny half penny the acre, for what shall be laid out in towns,
and one penny the acre for what shall be laid out elsewhere. All which
lands that shall be possessed in the said province, are to be held under,
and according to the concessions and conditions as is before mentioned,
and as hereafter in the following paragraph, is more at large expressed.
Provided always, that the before mentioned land that shall be taken up
and so settled in the province as aforesaid, shall from the date hereof,
be held upon the conditions aforesaid, containing at least, two able men
servants, or three such weaker servants as aforesaid, for every hundred
acres; and so proportionably for a lesser or greater quantity as one
hundred acres, besides what a master or mistress shall possess, which was
granted for his or her own person; in failure of which, upon notation to
the present occupant or his assigns, there shall be three years given to
such, for the compleating the said number of servants, and for their sale
or other disposure of such part of their lands as are not so peopled:
Within which time of three years, if any persons holding any land, shall
fail by himself, his agents, executors or assigns, or some other way, to
provide such number of persons, (unless the general assembly shall without
respect to poverty, judge it was impossible for the party so failing to
keep his or her number of servants to be provided as aforesaid) in such
case the commissioners are to summon together twelve men of the
neighbourhood, upon such inquest, verdict and judgment past of such
default; they are and have power of disposing of so much of such land,
for any term of years, not exceeding 20 years, as shall not be planted
with its due nnmber of persons as aforesaid, to some other that will plant
the same; reserving and preserving to the proprietor, or his lawful
assigns, the rents to become due and owing, for or in respect of the same,
according to the tenor and effect of these concessions. And further, that
every proprietor that goeth over in person, and inhabit in the said
province, shall keep and maintain upon every lot of land that they shall
take up, one person at least; and if the lot shall exceed 200 acres, he
shall keep and maintain for every 200 acres, the like quantity of one
person at the least.

And for all other proprietors that doth but go over in person, and inhabit
in the said province, shall keep and maintain upon every lot of land that
shall fall to them, one person at the least; and if the said lot exceed
one hundred acres, then upon every hundred acres that fall to them as
aforesaid, they shall keep and maintain one person at the least: And if
any neglect or deficiency shall be found in any of the proprietors, of
their keeping and maintaining the number of persons before mentioned; that
then and in that case, the commissioners are to dispose upon the said
lands for any term of years not exceeding twenty, to any person or persons
that will keep and maintain upon the said lands the number of persons as
before is mentioned; reserving always unto the said proprietors, the rents
that shall fall due for the same, as before is reserved and appointed to
be so. Always provided, that the keeping and maintaining of the said
number of persons upon the several lots and number of acres before
mentioned, is to continue for ten years from the date of the concessions,
and no longer; except where there have been any deficiency, so as the
commissioners have let the lands for a longer time, to any person or
persons, they are to enjoy the same during the term granted them by the
commissioners; any thing in this last proviso, to the contrary
notwithstanding.


CHAP. V.
And for the regular laying out of all lands whatsoever in the said
province, this method is to be followed by the register and surveyor.

That the register to be appointed as aforesaid, having recorded any grant
from any of the proprietors, to any person, for any quantity or quantities
of acres, shall make out a certificate to the surveyor or his deputy,
enjoining him to lay out, limit and bound [number to be stated] acres of
land, for A. B. out of the several lots of C. D. one of the proprietors,
in the proportions following; that is to say, [a specific percentage] part
thereof in the lot of said C. D. in [specific location, or named tract]
which the surveyor or his deputy. shall lay out, limit and bound
accordingly, and shall certify back to the register on what point of the
compass the several limits thereof lie, and on whose lands the several
parcels butt and bound; which last certificate shall be entered by the
said register or his deputy, in a book for that purpose, with an
alphabetical table of the proprietors names, and the name of the planter
or purchaser referring to the said certilicate, shall by the said register
be endorsed in the back of the grant, with the folio of the book in which
it is entered, and his name subscribed to the said endorsement.

And that the commissioners for the time being, are hereby impowered to
ascertain the rates and fees of the public register, surveyor and other
officers, as they shall see meet and reasonable, how much or what every
one shall pay for registering any conveyance, deed, lease, speciality,
certificate, or other writing; as also what shall be paid by every
proprietor for surveying, dividing, and laying out of any lands in the
said province; which said register, surveyor, or other officer, is not to
exact or demand any more or greater rates as shall be established as
aforesaid.


CHAP. VI.
We do also grant convenient portions of land for highways, and for streets,
not under one hundred feet in breadth, in cities, towns and villages; and
for wharffs, keys, harbours, and for publick houses, in such place as the
commissioners for the time being (until there be a general assembly) shall
appoint; and that all such lands laid out for the said uses and purposes,
shall be free and exempt from all rents, taxes, and other charges and
duties whatsoever; as also, that the inhabitants of the said province have
free passage through or by any seas, bounds, creeks, rivers, rivulets in
the said province, through or by which they must necessarily pass to come
from the main ocean to any part of the province aforesaid; as also by land
in ways laid out or through any lands not planted or enclosed.

That all the inhabitants within the said province of West-Jersey, have the
liberty of fishing in Delaware river, or on the sea coast; and the liberty
of hunting and killing any deer or other wild beasts, the liberty to shoot
or take any wild fowls within the said province. Provided always, that
they do not hunt, kill, shoot, or take any such deer, wild beasts, or
fowls, upon the lands that is or shall be surveyed, taken up, inclosed,
sown and planted, except the owners of the said lands or their assigns.


CHAP. VII.
The commissioners are to take care, that lands quietly held, planted and
possessed seven years after its being first duly surveyed by the surveyor
or surveyors, his or their lawful deputies, which shall be appointed by
the said proprietors, and registered in manner as aforesaid, shall not be
subject to any review, resurvey or alteration of bounds, upon any
pretence, or by any pretence, or by any person or persons whatsoever.


CHAP. VIII.
The commissioners are to take care, that no man, if his cattle stray,
range, or graze on any ground within the said province, not actually
appropriated or set out to particular persons, shall be liable to pay any
trespass for the same: Provided, that custom of commons be not thereby
pretended to, nor any person hindered from legally taking up and
appropriating any land so grazed upon.


CHAP. IX.
The commissioners are to see, that all courts established by the laws and
constitutions of the general assembly, and pursuant unto those
concessions, do execute their several duties and offices respectively,
according to the laws in force; and to displace or punish them for
violating the said laws, or acting contrary to their duty and trusts, as
the nature of their offences shall require; and where they see cause of
condemnation or sentence passd upon any person or persons, by any judge,
justice, or court whatsoever, the said commissioners have power to
reprieve and suspend the execution of the sentence, until the cause be
presented, with a copy of the whole trial, proceeding and proofs, to the
next general assembly; who may accordingly either pardon or command
execution of the sentence on the offender or offenders, (who are to be
kept in the mean time in safe custody until the sense of the general
assembly be known therein.)


CHAP. X.
To act and do all other thing or things that may conduce to the safety,
peace and well-government of the said province, and these present
concessions, and that all inferior officers be accountable to the
commissioners, and they to be accountable to the general assembly. The
commissioners are to take care, that the constables of the said province,
shall collect such of the proprietors rents, who dwell not in the said
province, but in England, Ireland, or Scotland; and shall pay it to the
receiver that they shall appoint to receive the same; unless the general
assembly shall prescribe some other way whereby they may have their rents
duly collected, without charge and trouble to the said proprietors.


CHAP. XI.
They are not to impose or suffer to be imposed, any tax, custom or subsidy,
tollage, assessment, or any other duty whatsoever, upon any colour or
pretence how specious soever, upon the said province and inhabitants
thereof, without their own consent first had, or other than what shall be
imposed by the authority and consent of the general assembly, and that
only in manner and for the good ends and uses as aforesaid.


CHAP. XII.
That that the said commissioners, registers, surveyors, and all and every
other publick officers of trust whatsoever, already deputed and chosen, or
hereafter from time to time to be deputed and chusen shall subscribe (in a
book or books to be provided for that purpose) that they will truly and
faithfully discharge their respective trusts according to the law of the
said province, and tenor of these concessions, in their respective offices
and duties; and do equal justice and right to all men, according to their
best skill and judgment, without corruption, favour, or affection; and the
names of all that shall subscribe, to be entered in the said book; and
whosoever shall subscribe, and shall violate, break or any wise falsify
his promise after such subscription, shall be liable to be punished or
fined, and also be made incapable of any publick office within the said
province. The Charter or fundamental laws of West New-Jersey, agreed upon.


CHAP. XIII.
That these following concessions are the common law or fundamental rights
of the province of West New-Jersey.

That the common law or fundamental rights and privileges of West New-
Jersey, are individually agreed upon by the proprietors and freeholders
thereof to be the foundation of the government; which is not to be altered
by the legislative authority, or free assembly hereafter mentioned and
constituted; but that the said legislative authority is constituted
according to these fundamentals, to make such laws as agree with and
maintain the said fundamentals, and to make no laws that in the least
contradict, differ, or vary from the said fundamentals, under what
pretence or allegation soever.


CHAP. XIV.
But if it so happen, that any person or persons of the said free assembly,
shall therein designedly, wilfully and maliciously move, or excite any to
move, any matter or thing whatsoever, that contradicts or any ways
subverts any fundamental of the said laws in the constitution of the
government of this province, it being proved by seven honest and reputable
persons; he or they shall be proceded against as traitors to the said
government.


CHAP. XV.
That these concessions, law or great charter of fundamentals, be recorded
in a fair table, in the assembly house; and that they be read at the
beginning and dissolving of every general free assembly: And it is further
agreed and ordained, that the said concessions, common law, or great
charter of fundamentals, be writ in fair tables, in every common hall of
justice within this province; and that they be read in solemn manner four
times every year, in the presence of the people, by the chief magistrates
of those places.


CHAP. XVI.
That no men, nor number of men upon earth, hath power or authority to rule
over men's consciences in religious matters; therefore it is consented,
agreed and ordained, that no person or persons whatsoever, within the said
province, at any time or times hereafter shall be any ways, upon any
pretence whatsoever, called in question, or in the least punished or hurt,
either in person, estate or privilege, for the sake of his opinion,
judgment, faith or worship towards God, in matters of religion; but that
all and every such person and persons, may from time to time, and at all
times, freely and fully have and enjoy his and their judgments, and the
exercise of their consciences, in matters of religious worship throughout
all the said province.


CHAP. XVII.
That no proprietor, freeholder or inhabitant of the said province of West
New-Jersey, shall be deprived or condemned of life, limb, liberty, estate,
property, or any ways hurt in his or their privileges, freedoms or
franchises, upon any account whatsoever, without a due trial, and judgment
passed by twelve good and lawful men of his neighbourhood first had; and
that in all causes to be tried, and in all trials, the person or persons
arraigned, may except against any of the said neighbourhood, without any
reason rendered, (not exceeding thirty-five) and in case of any valid
reason alledged, against every person nominated for that service


CHAP. XVIII.
And that no proprietor, freeholder, free-denison or inhabitant in the said
province, shall be attached, arrested, or imprisoned, for or by reason of
any debt, duty, or other thing whatsoever, (cases felonious, criminal and
treasonable, excepted) before he or she have personal summon or summons
left at his or her last dwelling place, if in the said province, by some
legal authorized officer, constituted and appointed for that purpose, to
appear in some court of judicature for the said province, with a full and
plain account of the cause or thing in demand; as also the name or names
of the person or persons at whose suit, and the court where he is to
appear; and that he hath at least fourteen days time to appear and answer
the said suit, if he or she live or inhabit within forty miles, English,
of the said court; and if at further distance, to have for every twenty
miles, two days time more, for his and their appearance, and so
proportionably for a larger distance of place.

That upon the recording of the summons, and non-appearance of such person
and persons, a writ or attachment shall or may be issued out to arrest or
attach the person or persons of such defaulters, to cause his or their
appearance in such court, returnable at a day certain, to answer the
penalty or penalties in such suit or suits; and if he or they shall be
condemned by legal tryal and judgment, the penalty or penalties shall be
paid and satisfied out of his or their real or personal estate so
condemned or cause the person or persons so condemned to lie in execution
'till satisfaction of the debt and damages be made. Provided always, if
such person or persons so condemned, shall pay and deliver such estate,
goods and chattels, which he or any other person hath for his or their
use, and shall solemnly declare and aver, that he or they have not any
further estate, goods or chattels whatsoever, to satisfy the person or
persons (at whose suit he or they are condemned) their respective
judgments, and shall also bring and produce three other persons as
compurgators, who are well known and of honest reputation, and approved of
by the commissioners of that division where they dwell or inhabit,
which shall in such open court likewise solemnly declare and aver, that
they believe in their consciences, such person and persons so condemned,
have not wherewith further to pay the said condemnation or condemnations;
he or they shall be thence forthwith discharged from their said
imprisonment; any law or custom to the contrary thereof heretofore in the
said province notwithstanding. And upon such summons and default of
appearance recorded as aforesaid, and such person and persons not
appearing within forty days after, it shall and may be lawful for such
court of judicature, to proceed to trial of twelve lawful men, to judgment
against such defaulters, and issue forth execution against his or their
estate, real and personal, to satisfy such penalty or penalties, to such
debt and damages so recorded, as far as it shall or may extend.


CHAP. XIX.
That there shall be in every court, three justices or commissioners, who
shall sit with the twelve men of the neighbourhood, with them to hear all
causes, and assist the said twelve men of the neighbourhood in cases of
law; and that they the said justices shall pronounce such judgment as they
shall receive from and be directed, by the said twelve men, in whom only
the judgment resides, and not otherwise.

And in cases of their neglect and refusal, that then one of the twelve, by
consent of the rest, pronounce their own judgment, as the justices should
have done: And if any judgment shall be passed in any case, civil or
criminal, by any other person or persons, or any other way than according
to the agreement and appointment; it shall be held null and void; and such
person or persons so presuming to give judgment, shall be severely fined,
and upon complaint made to the general assembly, by them be declared
incapable of any office or trust within this province.


CHAP. XX.
That in all matters and causes, civil and criminal, proof is to be made by
the solemn and plain averment of at least two honest and reputable
persons; and in case that any person or persons shall bear false witness,
and bring in his or their evidence contrary to the truth of the matter, as
shall be made plainly to appear; that then every such person or persons,
shall in civil causes, suffer the penalty which would be due to the person
or persons he or they bear witness against: And in case any witness or
witnesses on the behalf of any person or persons indicted in a criminal
cause, shall be found to have borne false witness, for fear, gain, malice,
or favour, and thereby hinder the due execution of the law, and deprive
the suffering person or persons of their due satisfaction; that then and in
all other cases of false evidence, such person or persons shall be first
severely fined; and next, that he or they shall forever be disabled from
being admitted in evidence, or into any publick office, employment or
service within this province.


CHAP. XXI.
That all and every person and persons whatsoever, who shall prosecute or
prefer any indictment or information against others, for any personal
injuries or matter criminal, or shall prosecute for any other criminal
cause (treason, murder and felony only excepted) shall and may be master
of his own process, and have full power to forgive and remit the person or
persons offending against him or herself only, as well before as after
judgment and condemnation, and pardon, and remit the sentence, fine and
punishment of the person or persons offending, be it personal or other
whatsoever.


CHAP. XXII.
That the trials of all causes, civil and criminal, shall be heard and
decided by the verdict or judgment of twelve honest men of the
neighbourhood, only to be summoned and presented by the sheriff of that
division or propriety where the fact or trespass is committed; and that no
person or persons shall be compelled to fee any attorney or counsellor to
plead his cause, but that all persons have free liberty to plead his own
cause if he please: And that no person or persons imprisoned upon any
account whatsoever, within this province, shall be obliged to pay any fees
to the officer or officers of the said prison either when committed or
discharged.


CHAP. XXIII.
That in all publick courts of justice for trial of causes, civil or
criminal, any person or persons, inhabitants of the said province, may
freely come into and attend the said courts, and hear and be present at
all or any such trials as shall be there had or passed, that justice may
not be done in a corner, nor in any covert manner; being intended and
resolved by the help of the lord, and by these our concessions and
fundamentals, that all and every person and persons inhabiting in the said
province, shall as far as in us lies, be free from oppression and slavery.


CHAP. XXIV.
For the preventing of fraud, deceit, collusion in bargains, sales trade and
traffick, and the usual contests, quarrels, debates and utter ruin, which
have attended the people in many nations, by costly, tedious, and
vexatious law suits, and for a due settlement of estates.

It is agreed, concluded and ordained, that there be kept a register at
London, within the nation of England; and also another register within the
province of New West-Jersey; and that all deeds, evidences, and
conveyances of land, in the said province of New-West-Jersey, that shall
be executed in England, may also be there registered; and once every year,
the register of the said deeds and conveyances, so registered, shall be
duly transmitted under the hands of the register, and three proprietors,
unto the commissioners in New West-Jersey, to be enrolled in the publick
register of the said province: As also that the chief register, which the
said proprietors have deputed or chosen, or shall depute or choose,
failing, that the commissioners shall depute or choose, or which the
general assembly of the said province, hereafter mentioned, shall depute or
choose, shall keep exact entries and registers, in fair books, or roll for
that purpose to be provided, of all publick affairs; and therein shall
record and enter all grants of land, from the proprietors to the planters;
and all conveyances of land, house or houses, from man to man; as also all
assignments, mortgages, bonds, and specialties whatsoever; and all leases
for land, house or houses, made or to be made, from landlord to tenant,
and from person to person; which conveyances, leases, assignments,
mortgages, bonds and specialties, which shall be executed in West New-
Jersey, shall be first acknowledged by the grantor, assignor and obligor,
before the said commissioners, or two of them at least, or some two of
their lawful deputies, for the time being; who shall under their hands,
upon the back side of the said deed, lease, assignment, mortgage or
specialty, attest the acknowledgment thereof as aforesaid; which shall be
a warrant for the register to record the same; and such conveyance or
specialty, if sealed, executed, acknowledged before three proprietors, in
the nation of England or Ireland, and recorded or registered there, within
three months after the date thereof; or if sealed, executed and
acknowledged in the said province, or elsewhere out of England, and
recorded or registered within six months after the date thereof; shall
be good an effectual in law; and for passing or transferring of estates in
lands, tenements, or hereditaments, shall he as effectual as if delivery
and siezen were executed of the same: And all other conveyances, deeds,
leases or specialties, not recorded as aforesaid, shall be of no force or
effect. And the said register shall do all other thing or things the said
proprietors by their instructions shall direct, or the commissioners or
assembly shall ordain, or the good and welfare of the said province.


CHAP. XXV.
That there may be a good understanding and friendly correspondence between
the proprietors, freeholders, and inhabitants of the said province, and
the Indian natives thereof.

It is concluded and agreed, that if any of the Indian natives within the
said province, shall or may do any wrong or injury to any of the
proprietors, freeholders or inhabitants, in person, estate, or otherways
howsoever; upon notice thereof; or complaint made to the commissioners, or
any two of them, they are to give notice to the sachem, or other chief
person or persons, that hath authority over the said Indian native or
natives, that justice may be done, and satisfaction made to the person or
persons offended, according to law and equity, and the nature and quality
of the offence and injury done or committed.

And also in case any of the proprietors, freeholders, or inhabitants,
shall any wise wrong or injure any of the Indian natives there, in person,
estate, or otherwise; the commissioners are to take care, upon complaint
to them made, or any one of them, either by the Indian natives, or others,
that justice be done to the Indian natives, and plenary satisfaction be
made them, according to the nature and quality of the offence and injury:
And that in all trials wherein any of the said Indian natives are
concerned, the trial to be by six of the neighbourhood, and six of the
said Indian natives, to be indifferently and impartially chosen by order of
the commissioners; and that the commissioners use their endeavour to
perswade the natives to the like way of trial; when any of the natives do
any ways wrong or injure the said proprietors, freeholders or inhabitants,
that they choose six of the natives, and six of the freeholders or
inhabitants, to judge of the wrong and injury done, and to proportion
satisfaction accordingly.


CHAP. XXVI.
It is agreed, when any lands is to be taken up for settlements of towns, or
otherways, before it be surveyed, the commissioners or the major part of
them, are to appoint some persons to go to the chief of the natives
concerned in that land, so intended to be taken up, to acquaint the
natives of their intentions, and to give the natives what present they
shall agree upon, for their good will or consent; and take a grant of the
same in writing, under their hands and seals, or some other publick way
used in those parts of the world: Which grant is to be registered in the
publick register allowing also the natives (if they please) a copy
thereof; and that no person or persons take up any land, but by order from
the cornmissioners, for the time being.


CHAP. XXVII.
That no ship master or commander of any ship or vessel, shall receive into
his ship or vessel, to carry unto any other nation, country or plantation,
any person or persons whatsoever, without a certificate first had and
obtained under the hands and seals of the commissioners, or any two of
them, that the said person or persons are clear, and may be taken on
board, signifying that the said person or persons names have been put up
in three publick places of the province, appointed by the commissioners
for that purpose, for the space of three weeks, giving notice of his or
their intention to transport themselves.


CHAP. XXVIII.
That men may peaceably and quietly enjoy their estates.

It is agreed, if any person or persons shall steal, rob, or take any goods
or chattels, from or belonging to any person or persons whatsoever, he is
to make restitution two fold, out of his or their estate; and for want of
such estate, to be made work for his theft, for such time and times as the
nature of the offence doth require, or until restitution be made double
for the same; or as twelve men of the neighbourhood shall determine, being
appointed by the commissioners, not extending either to life or limb.

If any person or persons, shall wilfully beat, hurt, wound, assault, or
otherways abuse the person or persons of any man, woman or child, they are
to be punished according to the nature of the offence; which is to be
determined by twelve men of the neighbourhood, appointed by the
commissioners.


CHAP. XXIX.
For securing estates of persons that die, and taking care of orphans.

First. If any person or persons die, the commissioners are to take care,
that the will of the deceased be duly performed, and security given by
those that prove the will; and that all wills or testaments be registered
in a publick register appointed for that purpose; and the person or
persons that prove the same, to bring in one true inventory under their
hands, of all the estate of the deceased, and to have a warrant under the
hand of three commissioners, and the publick seal of the province,
intimating, that they have brought in an inventory of the estate, and
given security; then, and not before, are they to dispose upon the estate.

Second. If any person die intestate, leaving a wife and children; the
commissioners are to take security from the person that shall administer,
to secure two parts of the estate for the children, and the third to the
wife, if there be any; and if there be no child, then half to the next of
kin, and the other to the wife.

Third. If the parents of children be dead, and no will made, then the
commissioners are to appoint two or more persons to take the charge of the
children and estate, and to bring an inventory of the estate to be
registered; and that the said persons are to make good to the children,
what part of the estate shall come unto their hands, and to give a true
account of their receipts and disbursements, to be approved of by the
commissioners.

Fourth. If parents die, leaving child or children, and no estate, or not
sufficient to maintain and bring up the said child or children, in that
case the commissioners are to appoint persons to take care for the child
or children, to bring them up in such manner as the commissioners shall
appoint, and the charges thereof to be borne by the publick stock of the
province; and if none be established, then by a tax to be levied by twelve
men of the neighbourhood with the consent of the commissioners, or the
main part of them.


CHAP. XXX.
In cases when any person or persons kill or destroy themselves or be
killed by any other thing.

It is agreed, if any man or woman shall wilfully put hand, and kill him or
herself, the estate of such person or persons is not to be forfeited, but
the kindred, heirs, or such other as of right the estate belongs to, may
enjoy the same; or if any beast or ship, boat or other thing, should
occasion the death of any person or persons nevertheless the said beast,
ship boat or other thing is not to be forfeited; but those to whom they
belong may enjoy the same. Provided always, that the said beast did not
wilfully kill the said person, or hath been known to attempt, or addicted
to mischief, or hath been found to hurt or kill any person; then the said
beast is to be killed.


CHAP. XXXI.
All such person or persons as shall be upon trial found guilty of murder or
treason, the sentence and way of execution thereof is left to the general
assembly to determine, as they in the wisdom of the lord shall judge meet
and expedient. The general assembly and their power.


CHAP. XXXII.
That so soon as divisions or tribes, or other such like distinctions are
made, that then the inhabitants, freeholders, and proprietors resident in
the said province, or several respective tribes or divisions, or
distinctions aforesaid, do yearly and every year meet on the first day of
October, or the eighth month, and choose one proprietor or freeholder for
each respective propriety in the said province (the said province being to
be divided into one hundred proprieties) to be deputies, trustees, or
representatives, for the benefit, service, and behoof of the people of the
said province; which body of deputies, trustees or representatives,
consisting of one hundred persons chosen as aforesaid, shall be the
general free and supreme assembly of the said province for the year
ensuing, and no longer: And in case any member of the said assembly,
during the said year, shall decease, or otherwise be rendered incapable of
that service; that then the inhabitants of the said proprieties, shall
elect a new member, to serve in his room, for the remainder of the said
year.


CHAP. XXXIII.
And to the end the representative members of the yearly assembly to be
chosen, may be regularly and impartially elected.

That no person or persons who shall give, bestow or promise, directly or
indirectly, to the said parties electing, any meat, drink, money or
money's worth, for procurement of their choice and consent, shall be
capable of being elected a member of the said assembly: And if any person
or persons, shall be at any time corruptly elected, and sufficient proof
thereof made to the said free assembly, such person or persons so electing
or elected, shall be reckoned incapable to choose or sit in the said
assembly, or execute any other publick office of trust within the said
province, for the space of seven years thence next ensuing: And also, that
all such elections as afore said, be not determined by the common and
confused way of cries and voices; but by putting balls into balloting
boxes, to be provided for that purpose, for the prevention of all
partiality, and whereby every man may freely choose according to his own
judgment, and honest intention.


CHAP. XXXIV.
To appoint their own times of meeting, and to adjourn their sessions from
time to time (within the said year) to such times and places as they shall
think fit and convenient, as also to ascertain the number of their quorum;
provided that such numbers be not less than one half of the whole, in whom
(or more) shall be the full power of the general assembly; and that the
votes of two thirds of the said quorum, or more of them, if assembled
together as aforesaid, shall be determinative in all cases whatsoever
coming in question before, them, consonant and conformable to these
concessions and fundamentals.


CHAP. XXXV.
That the said proprietors and freeholders, and their choice of persons, to
serve them in the general and free assemblies of the province, give their
respective deputies or trustees, their instructions at large, to represent
their grievances, or for the improvement of the province; and that the
persons chosen, do by indentures under hand and seal, covenant and oblige
themselves to act nothing in that capacity, but what shall tend to the fit
service and behoof of those that send and employ them; and that in case of
failure of trust, of breach of covenant, that they be questioned upon
complaint made, in that or the next assembly, by any of their respective
electors.

And that each member of the assembly, chosen as aforesaid, be allowed one
shilling per day, during the time of the sitting of the general assembly,
that thereby he may he known to be the servant of the people: Which
allowance of one shilling per day, is to be paid him by the inhabitants of
the propriety or division that shall elect him.


CHAP. XXXVI.
That in every general free assembly, every respective member hath liberty
of speech; that no man be interrupted when speaking; that all questions be
stated with deliberation, and liberty for amendments; that it be put by
the chairman, by them to be chosen, and determined by plurality of votes;
Also that every member has power of entering his protest, and reasons of
protestations. And that if any member of such assembly shall require to
have the persons names registered, according to their yeas and nos, that
it be accordingly done: And that after debates are past, and the question
agreed upon, the doors of the house to be set open, and the people have
liberty to come in to hear, and be witnesses of the votes, and the
inclinations of the persons voting.


CHAP. XXXVII.
And that the said assembly do elect, constitute and appoint ten honest and
able men, to be commissioners of estate, for managing and carrying on the
affairs of the said province, according to the law therein established,
during the adjouruments and dissolutions of the said general free
assembly, for the conservation and tranquility of the same.


CHAP. XXXVIII.
That it shall be lawful for any person or persons, during the session of
any general free assembly in that province, to address, remonstrate or
declare, any suffering, danger or grievance, or to propose, tender or
request, any privilege, profit or advantage to the said province, they not
exceeding the number of one hundred persons.


CHAP. XXXIX.
To enact and make all such laws, acts, and constitutions, as shall be
necessary for the well government of the said province, (and them to
repeal) provided, that the same be as near as may be, conveniently
agreeable to the primitive, antient and fundamental laws of the nation of
England. Provided also, that they be not against any of these our
concessions or fundamentals, before or hereafter mentioned.


CHAP. XL.
By act as aforesaid, to constitute all courts, together with the limits,
powers and jurisdictions of the same (consonant to these concessions) as
also the several judges, officers and number of officers belonging to each
court, to continue such time as they shall see meet, not exceeding one
year, or two at the most, with their respective salaries, fees and
perquisites, and their appellations; with the penalties that shall be
inflicted upon them for the breach of their several and respective duties
and trusts; and that no person or persons whatsoever, inhabitants of the
said province, shall sustain or bear two offices in the said province, at
one and the same time.


CHAP. XLI.
That all the justices and constables be chosen by the people; and all
commissioners of the publick seals, treasuries and chief-justices,
embassadors and collectors, be chosen by the general free assembly.


CHAP. XLII.
That the commissioners of the treasury of the said province, bring in their
account at the end of their year, unto the general free assembly, there to
be seen and adjusted; and that every respective member carry a copy
thereof unto that hundred or propriety he serves, for to be registered in
the capital publick court of that propriety.


CHAP. XLIII.
By act as aforesaid, to lay equal taxes and assessments, and to raise
money or goods, upon all lands or persons within the several proprieties,
precincts, hundreds, tribes, or whatsoever other divisions shall hereafter
be made and established in the said province, as oft as necessity shall
require; and in such manner as to them shall seem most equal and easy for
the inhabitants; in order to the better supporting of the publick charge
of the said government, as also for the publick benefit and advantage of
the said people and province.


CHAP. XLIV.
By act as aforesaid, to sub-divide the said province into hundreds,
proprieties, or such other divisions and distinctions, as they shall think
fit; and the said divisions to distinguish by such names as shall be
thought good; as also within the said province to direct and appoint
places for such and so many towns, cities, ports, harbours, creeks, and
other places for the convenient lading and unlading of goods and
merchandize, out of the ships, boats, and other vessels, as shall be
expedient; with such jurisdictions, privileges and franchises to such
cities, ports, harbours, creeks or other places, as they shall judge most
conducing to the general good of the said province and people thereof; and
to erect, raise and build within the said province, or any part thereof,
such and so many market towns and villages; and also appoint such and so
many markets and fairs, and in such place and places, as they shall see
meet, from time to time, as the grant made and assigned unto the said
proprietors will permit and admit.

In testimony and witness of our consent to and affirmation of these present
laws, concessions and agreements: We, the proprietors, freeholders, and
inhabitants of the said province of West New Jersey, whose names are under
written, have to the same voluntarily and freely set our hands, dated this
third day of the month commonly called March, in the year of our Lord one
thousand six hundred seventy six:

Gawen Lawrie, Wm. Penn, Wm. Emley, Josh. Wright, Nicho. Lucas, Wm. Haig,
Wm. Peachee, Rich. Matthews, John Harris, Francis Collins, Wm. Kent, Benj.
Scot, Tho. Lambert, Tho. Hooton, Henry Stacy, Edw. Byllinge, Rich. Smith,
Edw. Nelthorp, John Penford, Dan. Wills, Thomas Olive, Tho. Rudyard,
William Biddle, Robert Stacy, John Farrington, Wm. Roydon, Rich. Mew,
Percival Towle, Mahlon Stacy, Tho. Budd, Sam. Jenings, John Lambert, Will.
Heulings, George Deacon, John Thomson, Edw. Bradway, Rich. Guy, James
Nevill, Wm. Cantwell, Fospe Ontstout, Machgijel Baron, Casper Herman,
Turrse Psese, Robert Kemble, John Corneliesse, Garrat Van Jumne, Wm. Gill
Johnson, Mich. Lackerouse, Markus Algus, Evert Aldricks, Hendrick Everson,
Jules Tomesen, Claas Jansen, Paul Doequet, Aert Jansen, John Surige, Tho.
Smith, James Pearce, Edw. Webb, John Pledger, Rich. Wilkison, Christo.
Sanders, Renear Van Hurst, William Johnson, Charles Bagley, Sam. Wade,
Tho. Woodrose, John Smith, Tho. Peirce, Will. Warner, Joseph Ware, Isaac
Smart, And. Thomson, Thomas Kent, Henry Jenings, Rich. Wortsaw,
Christopher White, John Maddocks, John Forrest, James Vickory, William
Rumsey, Rich. Robinson, Mark Reeve, Thomas Watson, Sam. Nicholson, Dan.
Smith, Rich. Daniel, Will. Penton, Will. Daniel, Robert Zane, Walter
Peiterson, Anthony Page, Andrew Bartleson, Woolley Woollison, Anthony
Dixon, John Derme, Tho. Benson, John Pain, Rich. Briffington, Sam. Lovett,
Henry Stubbens, Will. Willis, George Haselwood, Roger Pedrick, Will.
Hughes, Abra. Van Highest, Hipolitas Lefever, Will. Wilkinson, Andrew
Shenneck, Lause Cornelious, Sam. Hedge, Will. Massler, John Grubb, John
Worlidge, Edw. Meyer, Tho. Barton, Robt. Powel, Tho. Harding, Matthew
Allen, Bernard Devenish, Thomas Stokes, Thomas French, Isaac Marriott,
John Butcher, George Hutcheson, Tho. Gardiner, Tho. Eves, John Borton,
John Paine, Eleazer Fenton, Samuel Oldale, Will. Blak, Anthony Woodhouse,
Dan. Leeds, John Pancoast, Francis Belwicke, Will. Luswall, John Snowdon,
Rich. Fenemore, Gruna Jacobson, Tho. Scholey, Tho. Wright, Godfrey
Hancock, John Petty, Abraham Heulings, John Newbould, John White, John
Roberts, John Wood, John Gosling, Tho. Revell.