History of Nova Caesarea - Part 13



NUMBER III

A brief account of the province of East-Jersey, in America, published by
the present proprietors, for information of all such persons who are or
may be inclined to settle themselves, families and servants in that
country.

To say anything in the praise, or much in the description of a country so
well known, would seem needless: The late accounts and descriptions of the
adjacent countries, West-Jersey and Pennsylvania, which are much of the
same nature, &c. might suffice; but considering that in foreign colonies,
yea, here in England, every particular county has some excellency in soil,
product or situation, that may affect and delight many persons, beyond the
places adjacent: We may, for the satisfaction of such, give some brief
account thereof.

First, This province or colony lies between thirty-nine and forty-one
degrees of latitude, being about twelve degrees more to the south than the
city of London; and is bounded south east by the main sea; east by that
vast navigable stream, called Hudson's river, which divides this from the
province of New-York; west by a line of division, which separates this
province from West-Jersey; and north upon the main land, and extends
itself in length on the sea coast, and along Hudson's river, one hundred
English miles, and upwards.

Second, The conveniency of situation, temperature of air, and fertility of
soil, is such, that there's no less than seven considerable towns, towns,
viz. Shrewsbury, Middletown, Bergen, Newark, Elizabeth-Town, Woodbridge,
and Piscataway; which are well inhabited by a sober and industrious
people, who have necessary provisions for themselves and families, and for
the comfortable entertainment of strangers and travellers; and this colony
is experimentally found generaly to agree with English constitutions.

Third, For navigation, it hath these advantages, not only to be situate
along the navigable part of Hudson's river, but lies also fifty miles on
the main sea; and near the midst of this province, is that noted bay for
ships, within Sandy-Hook, very well known not to be inferior to any
harbour in America, where ships not only harbour in greatest storms, but
there ride safe with all winds, and sail in and out thence as well in
winter as summer.

Fourth, For fishery, the sea banks there are very well stored with variety
of fish; for not only such as are profitable for transportation, but such
also as are fit for food there, as whales, cod-fish, cole and hake fish,
large mackrell, and also many other sorts of flat and small fish. The bay
also, and Hudson's river, are plentifully stored with sturgeon, great
bass; and other scale fish, eels and shell-fish, as oysters, &c. in great
plenty, and easy to take.

Fifth, This country is also plentifully supplied with lovely springs,
rivulets, inland rivers, and creeks, which fall into the sea and Hudson's
river; in which is also much plenty and variety of fresh fish and water
fowl.

Sixth, There is great plenty of oak timber, fit for shipping, and masts for
ships, and other variety of wood, like the adjacent colonies, as chesnut,
walnut, poplar, cedar, ash, fir, &c. fit for building within the country.

Seventh, The land or soil (as in other places) varies in goodness and
richness; but generally fertile, and with much smaller labour than in
England: It produceth plentiful crops of all sorts of English grain,
besides Indian corn, which the English planters find not only to be of
vast increase, but very wholsome and good in its use; it also produceth
good flax and hemp, which they now spin and manufacture into linnen cloth.
There's sufficient meadow and marsh to their uplands; and the very barrens
there as they are called, are not like some in England; but produce grass
fit for grazing cattle in summer season.

Eighth, The country is well stored with wild deer, conies and wild fowl of
several sorts, as turkeys, pigeons, partridges, plover, quails, wild
swans, geese, ducks, &c. in great plenty; It produceth variety of good and
delicious fruits, as grapes, plumbs, mulberries and also apricots,
peaches, pears, apples, quinces, water melons, &c. which are here in
England planted in orchards and gardens; these, as also many other fruits,
which come not to perfection in England, are the more natural product of
this country.

Ninth, There is also already great store of horses, cows, hogs, and some
sheep, which may be bought at reasonable prices, with English monies or
English commodities, or man's labour, where money and goods are wanting.

Tenth, What sort of mines or minerals are in the bowels of the earth, after
time must produce, the inhabitants not having yet employed themselves in
search thereof; but there is already a smelting furnace and forge set up
in this colony, where is made good iron, which is of great benefit to the
country.

Eleventh, It is exceedingly well furnished with safe and convenient
harbours for shipping, which is of great advantage to that country, and
affords already for exportation, great plenty of horses, and also beef,
pork, pipe staves, boards, bread, flower, wheat, barley, rye, Indian corn,
butter and cheese, which they export for Barbadoes, Jamaica, Nevis, and
other adjacent islands, as also to Portugal, Spain, the Canaries, &c.
Their whale oil and whale finns, beaver, mink, raccoon and martin skins,
(which this country produceth) they transport for England. Twelfth. The
situation and soil of this country may invite many who are inclined to
transport themselves into those parts of America: For,

1. It being considerably peopled, and situate on the sea coast, with
convenient harbours, and so near adjacent to the province of New-York and
Long-Island, being also well-peopled colonies, may be proper for merchants,
tradesmen, and navigators.

2. Its likewise proper for such who are inclined to fishery, the whole
coast and very harbours mouths being fit for it; which has been no small
rise to the New-England people, and may be here carried on also with great
advantage.

3. For its soil, its proper for all industrious husbandmen, and such, who
by hard labour here, on rack rents, are scarce able to maintain
themselves, much less to raise any estate for their children, may, with
God's blessing on their labours, there live comfortably, and provide well
for their families.

4. For carpenters, bricklayers, masons, smiths, mill-wrights. and
wheel-wrights, bakers, tanners, taylors, weavers, shoe-makers, hatters,
and all or most handicrafts, where their labour is much more valued than
in these parts, and provisions much cheaper.

5. And chiefly for such of the above-mentioned, or any other who upon
solid grounds and weighty considerations, are inclined in their minds to
go into those parts; without which their going there cannot be
comfortable, or answer their expectation.

Thirteen, The Indian natives in this country are but few, comparative to
the neighbouring colonies; and those that are there, are so far from being
formidable or injurious to the planters and inhabitants, that they are
really serviceable and advantagious to the English, not only in hunting
and taking the deer, and other wild creatures, and catching of fish and
fowl fit for food, in their seasons, but in the killing and destroying of
bears, wolves, foxes, and other vermine and peltry, whose skins and furrs
they bring the English, and sell at less price than the value of time an
English man must spend to take them.

Fourteen, As for the constitutions of the country, they were made anno dom.
1664, and in the time of John lord Berkely, and sir George Carteret, the
late proprietors thereof; in which such provision was made for liberty in
matters of religion, and property in their estates; that under the terms
thereof, that colony has been considerably peopled, and that much from the
adjacent countries, where they have not only for many years enjoyed their
estates, according to the concessions: but also an uninterrupted exercise
of their particular persuasions in matters of religion: And we the present
proprietors, do determine, so soon as any persons here in England, or
elsewhere, are willing to be engaged with us, we shall be ready and
desirous to make such further additions and supplements to the said
constitutions, as shall be thought fit, for the encouragement of all
planters and adventurers, and for the further settling the said colony
with a sober and industrious people.

Fifteen, Having with all possible brevity, given an account of the
country, we shall say something as to the disposition of lands there.

1. Our purpose is, if the lord permit, with all convenient expedition, to
erect and build one principal town; which by reason of situation must in
all probability be the most considerable for merchandize, trade and
fishery in those parts; it is designed to be placed upon a neck or point
of rich land, called Ambo point, lying on Rariton river, and pointing to
Sandy Hook bay, and near adjacent to the place where ships in that great
harbour commonly ride at anchor; a scheme of which is already drawn, and
those who shall desire to be satisfied therewith may treat for a
share thereof.

2. As for encouragement of servants, &c. we allow the same privileges as
was provided in the concessions at first.

3. Such who are desirous to purchase any land in this province, free from
all charge, and to pay down their purchase monies here, for any quantities
of acres; or that desire to take up lands there, upon any small quit rents
to be reserved; shall have grants to them and their heirs, on moderate and
reasonable terms.

4. Those who are desirous to transport themselves into those parts before
the purchase, if any thing there present to their satisfaction, we doubt
not but the terms of purchase will be so moderate, equal and encouraging,
that may engage them to settle in that colony.

Our purpose being with all possible expedition to dispitch persons hither,
with whom they may treat; and who shall have our full power in the
premises. As for passage to this province, ships are going hence the whole
year about, as well in winter as summer, Sandy-Hook bay being never
frozen: The usual price is five pounds per head, as well masters or
servants, who are above ten years of age; all under ten years, and not
children at the breast, pay fifty shillings; sucking children pay nothing;
carriage of goods is usually forty shillings per ton, and sometimes less,
as we can agree; the cheapest and chiefest time of the year for passage,
is from midsummer 'till the latter end of September, when many Virginia
and Maryland ships are going out of England into those parts; and such
who take then their voyage, arrive usually in good time to plant corn
sufficient for next summer.

The goods to be carried there, are, first, for people's own use, all sorts
of apparel and household stuff, and also utensils for husbandry and
building: secondly, linnen and woollen cloths and stuffs, fitting for
apparel, &c. which are fit for merchandize and truck there in the country,
and that to good advantage for the importer, of which further account will
be given to the enquirer. Lastly, Although this country, by reason of its
being already considerably inhabited, may afford many conveniencies to
strangers, of which unpeopled countries are destitute, as lodging,
victualing, &c. yet all persons inclining unto those parts, must know,
that in their settlement there, they will find their exercises; they must
have their winter as well as summer; they must labour before they reap,
and, 'till their plantations be cleared (in summer time) they must expect
(as in all those countries) the musketos, flies, gnats, and such like,
may, in hot and fair weather, give them some disturbance where people
provide not against them; which, as land is cleared, are less troublesome.

And all such persons who desire to be concerned, may repair to Thomas
Rudyard or Benjamin Clark, in George-Yard, in Lombard-street; where they
may view the constitutions, the scheme of the intended town, the map of
the country, and treat on terms of purchase. William Penn, Robert West,
Thomas Rudyard, Samuel Groom, Thomas Hart, Richard Mew, Thomas Willcocks,
Ambrose Rigg, John Heywood, Hugh Hartshorne, Clement Plumstead, Thomas
Cooper, are the present proprietors of East-Jersey; but their purpose is
to take in twelve persons more, to make up the number of proprietors
twenty-four.

Proposals by the proprietors of East-Jersey, in Amarica, for the building
of a town on Ambo Point, and for the dieposition of lands in that
province; and also for encouragement of artificers and labourers that
shall transport themselves thither out of England, Scotland, and Ireland.

Forasmuch as Ambo Point, is a sweet, wholesome, and delightful place,
proper for trade, by reason of its commodious situation, upon a safe
harbour, being likewise accommodated with a navigable river, and fresh
water, and hath by many persons of the greatest experience and best
judgment, been approved for the goodness of the air, soil and situation;

We, the proprietors, purpose by the help of Almighty God, with all
convenient speed, to build a convenient town, for merchandize, trade and
fishery on Ambo Point; and because persons that hath a desire to plant
there, may not be disappointed for want of proposals, we, the proprietors,
offer these following:

First. We intend to divide fifteen hundred acres of land upon Ambo Point,
into one hundred and fifty lots; which lots shall consist of ten acres the
lot; one hundred of the lots we are willing to sell here, and fifty we
reserve for such as are in America, and have long desired to settle there,

Secondly. The price of each lot will be fifteen pounds sterling, to such
who purchase before the 25th of December, 1682; and to such who purchase
afterwards, before the 25th of December, 1683, twenty pounds sterling.

Thirdly. Every lot is to be as equally divided as the goodness of the place
doth require, and the situation can admit.

Fourthly. The most convenient spot of ground for a town, shall be divided
into one hundred and fifty equal shares, and set out into streets,
according to rules of art; and no person shall be preferred before another
in choice, whether purchaser or proprietor.

Fifthly. We reserve four acres for a market place, town-house, &c. and
three acres for publick wharfage.

Sixthly. Each purchaser is obliged to build a dwelling house in the place
designed for the town, and to clear three acres of up land, in three
years, or else the proprietors to be reinstated in such lots wherein
default is made, repaying the purchase money.

Seventhly. We the proprietors do within a year, hope, by Gods assistance,
to build for each of us, one house upon Ambo point; which we intend shall
stand in an orderly manner, according to the best and most convenient
model. And in pursuance of the design of the propositions abovesaid.

Eighthly. And for the encouragement of carpenters, joiners, brick and tile
makers, bricklayers, masons, sawyers, and labourers of all sorts, who are
willing to go and employ themselves and servants, in helping to clear
ground, and build houses upon the general account of and for the
proprietors, the said proprietors will engage to find them work, and
current pay for the same, in money or clothes, and provision, of which
there is plenty (as beef, pork, corn, &c.) according to the market price
at New-York, during the space of one year at least, next after the 25th of
December, 1682; in which time (through God's blessing and their industry)
they may have got wherewith to buy cows, horses, hogs, and other goods, to
stock that land, which they in the mean time may take up, according to
the concessions; neither shall such persons pay rent for their said land,
so long as they are employed in the proprietors work; and their wages
shall at all times be so much as other such artificers and labourers, in
the said province usually have; nor shall they be obliged to work for the
proprietors longer than they find encouragement so to do.

Ninthly. And for the more ready and certain employing those workmen and
labourers that shall transport themselves to East-Jersey, this is to let
all labourers and persons that shall transport themselves know, they must
upon their arrival upon that place, repair to the register of the
abovesaid province, and enter themselves according to their respective
qualities and designs, and thereupon they shall be entered into the
service and pay of the proprietors.

For disposition of land in East Jersey.

The governor of East-Jersey, by and with the advice of his council, is to
direct, that all lands to be set and laid out for counties, tribes,
cities, or parishes, according to the general concessions of the said
province, be bounded and set out in manner following, viz. That all such
lands be divided into seven equal lots or parts; one of which seven parts
is to be first set out by lot for the use of the proprietors; and the
other six parts to be taken up according to the folowing concessions:

First. That the planting of the said province may be the more effectually
promoted, We do hereby grant unto all persons who shall transport
themselves, their wives or children, unto East-Jersey, and settle there
according to the following concessions, by the twenty fifth of December
1684, twenty-five acres of land for each head, whether wife, child or
servant, which servant shall be bound to serve the term of three years at
least within the said province; and for every such master of a family,
fifty acres; the said persons so imported are to be registered in the
secretary's book of entries to be kept for that purpose; and the importer
to pay to the secretary for fees of attending that service, and entring
them, twelve pence each head; and every servant, male or female, who shall
be so imported and registered by the 25th of December, 1684, shall, at the
expiration of their time, have liberty to take up the quantity of thirty
acres for their own uses; and all the aforesaid importers, and persons
imported, who are hereby allowed to take up land, shall have and enjoy the
same, under the terms and concessions following:

Secondly. Forasmuch as this province is already considerably peopled and
improved (there being seven towns at least already settled upon it by
English people) and that no person is constrained by our concessions, to
take up and pay for land which is barren and unprofitable; nor can it be
reasonably supposed, that people should in this province, be now exposed
to the like hazards and difficulties that others must look to meet with in
those plantations that are less inhabited and more remote, and for
situation by sea and land, not so commodiously placed for trade: Therefore
we think it very reasonable and moderate, that all and every person and
persons, shall have his and their respective quantities of lands set out
at two pence an acre, yearly rent, to be paid into our receivers office,
either in money sterling, or in such commodities as the growth or trade of
the province affords at the merchants price there; but whosoever is
willing to buy off his yearly rent, and become a freeholder, may so do
paying after the rate of twelve years purchase, which comes to fifty
shillings for a lot of twenty-five acres, and so paying after the same
rate, for a greater or lesser quantity.

Thirdly. And forasmuch as it will be most commodious for planters to live
together, whereby they may be a meet help to each other; It is ordered,
that all the purchasers and takers up of land, shall sit down by some
village or township already laid out, or to be laid out hereafter, in the
said province; and having chosen the village or township, which shall be
most convenient and profitable for their business, the surveyor general
shall set forth to the said persons, such quantity of lands, to them
granted out of the aforesaid six parts, which are not then taken up; they
paying to the said surveyor general, the usual rate of surveying in the
said province; and if any person going or sending over, is willing to have
a greater parcel of land than twenty-five acres, he may purchase, but not
more than one hundred acres; he paying down, at the sealing of his grant,
for the same, after the rate of ten pounds by the hundred acres; and so
more or less for a greater or lesser quantity.

Fourthly. And if any person is willing to buy land, and yet for the
present is not disposed to plant there; he may so do, paying down here for
his grant to the proprietors, according to the rate aforesaid. Provided,
that all those persons, who by these concessions shall take up land, be
enjoined to build one dwelling house, on some part of their land, within
the space of seven years, next after the 25th of December, 1682; and in
case of default, one half of their land to return back to the proprietors.


NUMBER IV.
Governor Coxe's narrative reletting to the division line, directed to the
council of proprietors of West-Jersey [1687].

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

And first, as to the injustice of the division; I declared, I thought they
ought to have regard unto the letter of the agreement between sir George
Carteret and Mr. Edward Byllinge; the line was to run from Little Egg-
Harbour, unto the most northerly branch of Delaware river, in forty one
degrees forty minutes: They denied there was any such branch; I shewed
them in their own map, made by Mr. George Keith, a river running into
Delaware, whose head is near another of Esopus river; they urging that to
be a most unconscionable division, and that it would cut off two thirds of
their country; that in the map printed from that original, whereon the
partition line was drawn, they had a far greater scope of land; I offered
them to calculate the proportion of land in both Jersies, from the map or
chart; and upon the division, they should have a like proportion unto what
was therein allotted them; which would have been about the third of the
whole: They approved not thereof: I proffered lastly, to comply with the
second line, which was proposed by our arbitrators, whereby we gave them a
large tract of land, whereunto they had no right: which sheweth, that we
were both willing to come to an agreement, in our demands, moderate,
favourable and friendly, in our concessions: I added, that the lands
actually in their possession, or sold unto others before the line was
agreed to be run, should be annexed unto, and for the future, accounted
part of their country; which, according to their own concession, were some
of the most rich, healthful, and pleasant tracts of land in either Jersies:
Neither would this please; they insisted upon the agreement, and would
either have it performed or sue the bond: I was somewhat perplex'd how to
preserve our own right, and secure our friends from harm; but being
willing, as I have been, to deny myself any private benefit for publick
utility, when they pressed they had either power or not: If power, then
all were obliged - if not, they in particular: I answered, they might
apprehend themselves to have power; but really had it not; as appears by
the protestations of the body of the proprietors and inhabitants of
West-Jersey, wherewith the lord Campbell had acquainted me: And they
themselves are likewise sensible, that they proceeded not only beyond but
contrary to their commission; and as for the bonds, they could not be
sued, so long as they did upon no overt act oppose such agreement; and the
very utmost they could require from them, was so much land as came to
their share upon a new division, according to the deed of partition,
whereunto they had signed. I then proceeded to confute their pretensions
from an equal division, shewing there was not the least foot steps for
such a claim in the deed of partition: I desired them to consider, that
West-Jersey proprietors gave above eighteen thousand pounds for the land,
which cost not East-Jersey proprietors much above four thousand pounds,
and for many years last past, proprieties of West-Jersey have been valued
very little below those of East-Jersey; which was merely upon the account
of the opinion all persons; had the proprietors of East-Jersey, themselves
not excepted, that our part exceeded theirs at least two-thirds in
quantity of land: I was myself almost two years, owner of an intire
propriety in East-Jersey, and continually heard their complaints; nor did
I ever hear any mention of a right to an equal division, as to quantity of
land, only valuing themselves upon the goodness of their land, and
conveniency of harbours; which were open all the winter. And as for the
pretension, that Mr. Byllinge gave commission for an equal division; we
could produce hundreds of witnesses, that his great argument unto all
purchasers, was, that West Jersey was three times as large as East, and
equal I am a witness, that he intended only equitable according to the
agreement or deed of partition; which diverse can testify. But I added
withal, that if he had given a commission, I thought it not valid, without
the consent and concurrence of the major part of the proprietors; before
he sold the land, he might have disposed it at pleasure, and receded from
his own rights; but having sold the land, the proprietors were to take
care, they had their due, according to the deed of partition; upon which
terms they bought. For Mr. Byllinge, when he granted the pretended
commission of division, was possessed only of one single propriety, as
he confessed unto diverse, having disposed of seventy, by absolute sale,
and mortgaged the other twenty nine for eight thousand pounds; and tho' I
was not willing to suspect any thing of Mr. Byllinge; yet let any consider
whether it was fit, that an indigent person, when he had sold his land,
should have it in his power to give away the moiety, under pretence of a
power to adjust the division, for which he might receive a great sum of
money, if favourably determined on the behalf of those with whom we
contended: And therefore, no division can be accounted just and legal,
which hath not the consent and concurrence of the majority of the
proprietors: I declared unto them, we had thereupon appointed a general
meeting, and we should acquaint them with the result of our consultation,
if they complied with our proposal: and that it be likewise assented to by
the majority of the proprietors in West-Jersey, it should become a final
decision, and be entered in both our records, as upon such occasion is
usual; on the contrary, if they would not hearken to a fair and just
proposal, wherein we shall recede considerably from our right; we will
declare ourselves free, and maintain the line according to the deed, until
they can, either by course at common law, or by an appeal into his
majesty, make an alteration: And the owners of about forty proprieties in
and about the city, do request all those who are present in West-Jersey,
to lay claim unto, and account as your own just right, all that land from
Egg-Harbour, to the north branch of Delaware, according to the letter of
the agreement in the deed of partition, until the proprietors of East-
Jersey have totally abandoned all pretensions unto this last, subtilly
contrived, pretended agreement; for if they have recourse to the common
law, I am very confident, above two parts of three, will become
undoubtedly ours. If they appeal to the king; we have not only confidence
in his common justice, and unbiassed respect unto all his subjects, but a
particular hope, that his majesty will remember the time and manner, and
other circumstances of the division; how sir George Carteret assured his
highness (he being duke of York) that he chose the least part, because near
unto his government of New-York. It is likewise well known, and can be
attested by diverse, that sir George Carteret did value his share, tho' by
him acknowledged not half so large as the other; yet abundantly preferable
upon the account of its being well settled with a sober and industrious
people, which would invite others to come there, Whereas the other was a
desart, and so little esteemed for some time, that land in East-Jersey
sold ordinarily eight, and often ten times the value which was given for
land in West-Jersey: It had the advantage of seven fair towns, inhabited
by 3500 people; as appears by a list I have: They well accommodated with
corn and stock, able to supply at easy rates, new-comers with corn and
cattle; which cost the first settlers of West-Jersey a third more: Besides
the neighbourhood of New-York, a place of great trade, where they could be
readily supplied with whatsoever cloaths, utensils, &c. they wanted. I
flattered myself with hopes, that Mr. Penn, a person of great ability and
interest among the proprietors of New-Jersey, and who hath often professed
a great kindness for the inhabitants of West-Jersey, would have afforded
me some assistance, and moderated at the least the violence of the
current, upon the pretended agreement; but he hath frustrated my
expectation, by complying with them in all things, and signed with the
rest; which I confess was extreamely surprizing to me: and will, I doubt
not, appear a little strange to divers amongst you: I could not imagine any
considerate indifferent person could approve so unreasonable and
surreptitious an award: But I perceive, that which most influenced him, is
a persuasion that the division ought to be equal in quantity, and is
confirmed therein by a passage in Mr. Byllinge's commission for settling
bounds; wherein he uses the word equal; and is persuaded, being herein
influenced by Mr. Keith's false map, of which I have sent you a copy, that
Mr. Reid's proposal is very fair and an exact equal division of the
country. I do not herein charge Mr. Penn with any fault, who I believe
acts according to his convictions but I only acquaint you herewith, that
you may understand your own misfortune, for had not Mr. Penn embraced our
interest, we should probably have made a more speedy and advantageous
agreement the proprietors being mightily fortified by his countenance and
authouty to adhere to the late award, only as a great argument of their
moderation and justice: They have made an order signed likewise by Mr.
Penn, that if upon a new survey, it appears this agreement give them the
greater moiety, they will refund so much as may reduce it to an exact
quantity. It was a great defect on your part, to agree upon a division
either with New-York or East-Jersey, until you had a most exact survey of
the country; they of New York and East-Jersey, have in this respect,
exercised the highest prudence, knowing the whole country to a little, and
thereby have both overreached you. I have seen their draughts, than which
nothing can be more exact; but they dare not yet print them, 'till they
have adjusted the affair with you, lest their own maps should rise up
witness against them: And considering how curiously and diversely Rariton
south, and Passaick river are branched, I judge their country, quantity
for quantity, double the value of ours: I never yet saw any maps of West-
Jersey, in the least comparable to these of East-Jersey; I have sent you a
pattern of one part of their country, tho' they have a draught of every
parcel, and ten times more large and particular than this. I do therefore
make it my serious advice, and earnest request, that you will, with all
speed, cause a very particular map to he made of your country: I do not
mean of every propriety or plantation, but a true account of the length,
with a note, if any part of the country be extraordinary barren; where
those barrens are, and of what extent: I had almost forgot to tell you a
pretty policy of Mr. Keith and John Reid, I suppose by direction from some
of their superiors: The draughts they produce for division, are not in the
least according to truth, nor according to those they sent their
proprietors, whereof I having been two years of East-Jersey, have most
certain knowledge, and exact copies of their own draughts, to compare
them; but in those maps they produce for division, they make our country
towards the sea and bay, near double the bigness it really bears, and
their own almost half as little as really it is; thence arguing for the
reasonableness of addition unto the true line; and indeed that which they
pretend an equal division, to say nothing of its exceeding ours, generally
speaking in goodness; it is above a fifth part greater in quantity, so
that having received upon all hands, so unfair dealings, I declare it unto
you all, as my opinion and advice; and if I have any authority amongst
you, I intreat and require, that you treat not with them any further about
any accommodation, nor own that pretended to be already made; but stand by
the letter of the agreement between sir George Carteret and Mr. Byllinge,
viz. That the line be run directly from the east side of Little
Egg-Harbour, unto the most northerly branch of Delaware river, in forty one
degrees and forty minutes: And I question not, but we shall bring them to
more reasonable terms than any they have hitherto proposed; at least no
pains nor cost shall be wanting on my part; and I have the concurrence of
all our proprietors, Mr. Penn excepted, whom I could any ways meet with or
consult: And whereas I am very credibly informed that the proprietors of
East-Jersey, have ordered lands to be taken up in divers places near the
new pretended line of partition; that having possession, upon are view
they may have a more spacious claim; if any attempt of this nature be
made, I do not only protest against it, but request and desire that all
the inhabitants of West-Jersey do the same; and at the same time, the
surveyor of West-Jersey, or his deputy, do immediately take up in my name,
all that land which is westerly of the Mill-Stone and Rariton river, which
was not actually in their possession of East-Jersey, at the time of their
pretended award between Mr. Emley and Reid: You will better understand my
mind by the inclosed map, which is a copy exactly drawn from one of their
originals; and we favour them very much in going no further, (for
according to strictness, our line runs within three miles of Perth city)
and by allowing them that great tract of most excellent land, from thence
to the meeting of Millstone and Rariton river. I shall add one thing more,
which seemeth to me of the greatest consequence: I beseech you let there
be no animosity or indignation, severe censure, or spightful reflections,
on those who gave their consent unto the award made by Emley: For my part,
I am fully satisfied in the honesty and fairness of their intentions; but
the best of men may be overreached by cunning designing persons; forget
what's past, and live together as becomes christians, and neighbours and
countrymen. As I have taken care that the publick shall not suffer by
their act, so I shall likewise endeavour to secure them from any trouble,
only they cannot act in conjunction with the rest of the proprietors;
concerning which I shall give them particular instructions; in the
interim, I remain your most affectionate friend*,

DAN. COXE.

* The papers here and before introduced, relating to the division line
between East and West-Jersey, appeared to be those best adapted to give a
general insight into the proceeding; and the reader may rest assured that
they were not selected with the least partial biass to either side of the
question; but if contrary to expectation, it should be hereafter found
that any thing material to the purpose is omitted, upon its being properly
pointed out, endeavours will be used, with the utmost candour, to have
such emiasion supplied, or the matter otherwise rectified, asfar as
opportunity may allow.


NUMBER V.
The council of proprietors of West-Jersey, to governor Burnet.

To his excellency William Burnet, esq; captain general and commander in
chief of the province of New-Jersey, &c. and the honourable his majesty's
council there met.

In obedience to an order of council, appointing a time to the proprietors
for exhibiting their reasons, why the bill for repealing an act for
running and ascertaining the line of partition between the eastern and
western division of New-Jersey, now lying before the council, should not
pass. We for ourselves, and in behalf of those for whom we are concerned
with, other the proprietors of New-Jersey; humbly beg leave to represent
as followeth, viz.

That king Charles the second having by letters patent in the year 1663,
granted to his brother, his royal highness the duke of York, and his heirs
and assigns, all those tracts of land in America, of which the colonies of
New-York and New-Jersey, now consist; his royal highness by good deeds and
conveyances in the law, granted all that part called the province of New-
Jersey, as it is now bounded by the sea, Hudson's river, Delaware bay and
river; and a strait line running from the latitude of 41 degrees, on the
west side of Hudson's river, to the latitude of 41 degrees 40 minutes, on
the east side of Delaware river; unto the right honourable John lord
Berkeley, and sir George Carteret, and to their heirs and assigns for ever.

That the said lord Berkeley, by like deeds, granted his moiety or half
part of the said tract or province, unto John Fenwicke, in trust for
Edward Byllinge; and the said Fenwicke, by other like deeds duly executed,
declaring the said trust, granted nine tenth parts or ninety hundredth
parts of all the said moiety, which the said lord Berkeley had conveyed to
him as aforesaid, unto William Penn, Gawen Lawrie, and Nicholas Lucas, in
trust for the said Edward Byllinge.

That the said sir George Carteret, and the said Edward Byllinge, and
trustees, upon a full and absolute agreement among themselves, for
dividing the said premisses into two equal parts in value, by indenture
quintipartite; dated the first of July, 1676, did accorddingly divide the
said land, by a line to be run from little Egg-Harbour, to a certain
station point in the latitude of 41 degrees 40 nainutes, on the most
northerly branch of Delaware river; by which the easterly part was
ascertained to sir George Carteret, and the westerly to said Edward
Byllinge and trustees.

That after the said partition so agreed, the said Edward Byllinge, and
trustees, proceeded to grant and convey the said Edward Byllinge's part or
share, being nine-tenth parts of the western moiety, unto several
purchasers, under whom most, or all the lands of the said western division
are held, excepting only Salem tenth; and that the proprietor of the said
tenth acquiesed also in the same, can be anticiently proved: And in all
and every of those deeds of conveyance, the said indentures quinti-
partite, and divisions made thereby, are recited as the foundation on
which all those grants respectively are made in the said westerly part or
division.

That after the said sir George Carteret's decease, his widow and executrix,
who was thereunto fully impowered, granted all the easterly part of the
said province, to certain purchasers, called the proprietors of East
Jersey, by sundry deeds and conveyances, all which deeds in like manner
recite the aforesaid indenture's quinti-partite, as the foundation on
which all those grants in the eastern division are made respectively.

That it is only by force of this agreement and partition, executed as
aforesaid, that the proprietors of the western division are limited to the
western part of the said province, on the side of Delaware; and that the
proprietors of the eastern division are limited to the eastern part of the
said province towards Hudson's river and the sea; for had no such division
been agreed on, as is recited in all the respective deeds of conveyance to
the proprietors, those of the western division, might with an equal right,
have claimed the land towards Amboy, &c. and those of the eastern might
have claimed the lands towards Burlington. But the said quanti-partite
indenture being executed as aforesaid, before the sales to the proprietors
were made, and recited in all the deeds of conveyance, became an absolute
limitation; so that neither on the one part nor on the other, any purchasor
could claim otherwise than according to that limitation, by which their
lands were actually conveyed.

That notwithstanding this legal, clear and absolute partition, which is
binding on every proprietor of the eastern division, and at least on all
the nine tenth parts of the western division, sold by Edward Byllinge, or
his trustees, and from which, those who are skilled in the law, well know
it is impossible legally to recede, without the joint concurrence of every
individual interested on the purchases made under Edward Byllinge, and
trustees, and under sir George Carteret; for it is well known, that no
majority without the whole will in these cases determine the point; yet
there have been some persons found from time to time, who on partial views
to themselves, have laboured to introduce some other sort of division; and
considerable numbers have been so far unhappily imposed upon, as to
imagine a change thereof might be practicable, from which unfortunate
deception, attempts have been made to alter it, and some lines for that
purpose have been run, and settlements thereupon made, without due regard
to the true bounds of the respective divisions; which introduced such
confusion, that the value of lands near the boundaries, have been much
lessened, and the people discouraged from making improvements, where the
right to the soil itself was liable to be questioned, as not lying within
the division, under which it was purchased.

That the mischevious consequences and manifest irregularities of those
attempts, as well as their injustice and iconsistency with law and reason;
being at length maturely considered under the administration of your
excellency's honourable predecessor, brigadier Hunter; a bill was
prepared, not only for causing the aforesaid partition line, directed by
the quinti-partite indentures as aforesaid, to be actually run, as the
only legal division that could be made, and which might well at any time
have been run, by the tenour of the proprietors general deeds, without any
leave, if means could have been readily found to defray the charge; but it
was also more especially provided in the said bill, for the settlement of
all those who by any mistake had seated themselves, or taken up their
lands, without the bounds of their respective divisions, in which they
ought to have been surveyed, that they should all be served in their
respective possessions, by the exchange of an equivalent, granted by each
division to the other; which method was judged to be the only practicable
means of making all those inhabitants easy and safe, in all their
improvements and estates; and accordingly the said bill, though at first
exploded in the assembly, as being brought into the house somewhat too
late in time; yet when admitted, was passed by the governor and council,
and by the same house, without one dissenting vote.

And in pursuance thereof, with the concurrence and assistance of the
several provinces concerned, the station point, at the latitude of 41
degrees 40 minutes, upon Delaware, was fixed, and random lines were
carefully run along the whole distance of the two extreme points, that the
true line itself might be run with the greater certainty and ease: It was
therefore astonishing to us, to find (as your excellency and honourable
council have been plessed to make known to us) that it should enter into
any man's thoughts, to solicit the repeal of an act grounded on so solid
and unmovable a foundation in law on one part, and on such justice and
equity on the other, as we have here humbly represented; and this even
without the least offer of any other plan for remedy of the evils under
which this province has so long laboured for want of a due settlement in
the premises.

Nor can we conceive what motives could possibly induce any inhabitant of
the province, to endeavour to sap the very foundation, of all our
settlements, unless there should be any of the opinion, that a just,
regular and final determination of the boundaries, and a clear and quiet
establishment should not quadrate with their particular interests; and
that they may hope for greater advantages from their own boundless claims
in a state of confusion: That there may be something of this kind in view,
we have but too great reason to apprehend from the strenous endeavours
used of late to diffuse groundless jealousies and false insinuations among
the people of the western division, as if the lesser proprietors would by
the late act, be in danger of losing their fourth dividends, while the
greater would be secure in the possession of theirs; the absurdity of
which, the act itself, with the common method of taking up those lesser
fourth dividends, will fully evince; as also introduce new and
extraordinary methods of splitting the smallest shares for qualifying
votes for the council of proprietors, who at this time consist of a number
of men, whose shares (one gentleman only excepted) will not, as we are
well assured, amount to two proprieties in the whole; nor were their
electors much differently qualified, as upon a scrutiny, may be fully made
to appear.

But as your excellency's principal concern, is the peace and prosperity of
the people, committed by his majesty to your care; and no subjects can be
more deeply interested in the same, than his majesty's honourable council
for the same province; and as your wisdom we doubt not will as clearly
see, as your justice will dispense, and order what may most conduce to
those desirable ends; in a firm dependance therefore on both these, we
shall crave the liberty to pray, that the said bill now lying before the
council, for repealing that most useful act, may be rejected; and that
instead of yielding to what might engage his majesty's province in future
confusions, your excellency and the council, together with the assembly,
would be favourably pleased to encourage such other proposals as may be
made, for happily ending all manner of controversies and disputes,
concerning the estates of the people of the said province.

John Ladd, for himself and Col. John Alford; John Budd, for self and
Boulton; John Kay, Wm. Cooper, Francis Rawle, Jun., Charles Brogden, Samuel
Lippincott, John Snowden, Jun., Isaac DeCow, for himself and Samuel Barker;
Matthews Gardiner, Isaac Pearson, William Pancoast; William Riles, Isaac
Watson, William Rawle, Thomas Sharp, for self and John Dennis; John
Estaugh, for the London company, John and William Dimsdale, Peter Rich,
Benjamin Hopkins and self; William Biddle, Hugh Sharp, Henry Hodge, Robert
Rawle, George Budd; James Logan for proprieties, William Penn's family 12,
John Bellers 1, Amos Sttretle 1, myself 1/3; Richard Hill for Nath.
Stanbury, Mary Willson. [note punctuation]


NUMBER VI.
Reasons and proposals for an amendment of the Quinti-partite line, and the
act made for the conftrmation thereof.

First, Because the act was passed without the knowledge or consent of
numbers of the proprietors, and the allowing or disallowing the line,
being matter of property, and of great consequence to them; it is
conceived to be against natural justice to pass any law, to dispose of
their private property without their consent.

Second, Because there was another line more fairly and equally agreed to
by the governors, and majority of the proprietors of each division, and
actually run at great expence.

Third, Because the act is deficient in divers instances, and particularly
in this; that tho' by the act, the quantity of land in each division, is
to be the same, yet the quality thereof is not regarded, and may be
extreamly different; the eastern division being well known to contain
considerable more good land than the western; which, with the addition of
Staten-Island, which it's presumed is their right, will make their share
considerable more in value than what must fall to the western proprietors;
and particular persons may be very much prejudiced thereby; for an equal
number of acres of land, up at Mohockamack, or in any of the upper parts,
would scarcely be thought an equivalent to any individual, for the loss of
a tract in the lower part of the province.

[The "Fourth" appears to be omitted, but the following Appendix, "Number
VII," the East-Jersey Proprietor's answer to these complaints, refers "To
the Fourth" as having to do with mistakes and delays related to the actual
running of the quintipartite line. - Ed.]

Fifth, That several tracts of lands, since the making of that act, have
been taken up both by western and eastern proprietors, which the line,
when run, may cast into the opposite division from that they were thought
to be; and as this mistake would not have happened but from the neglect of
running the line, it would be hard they should suffer, and would therefore
be proper to fall on measures to secure them in their possessions.

Sixth, The commissioners and surveyors are not limited from, but have it in
their power to give away (under pretence of an equilant) the estate of any
one proprietor, if in the fourth dividend, tho' it should amount to 10 or
20,000 acres, and that before sold or disposed of.

Seventh, That many of the proprietors and purchasers in West-Jersey, had,
before the making of that act, sold several tracts of land, surveyed and
recorded in right of a fourth dividend, which may fall to the eastward of
the quinti-partite line, tho' they were to the westward of the line agreed
to by Coxe and Barclay, (which at that time was universally esteemed to he
the true line) yet by this act the purchaser may be ousted of his
freehold, and the vender liable to he sued and put to great charge; which
is an inconveniency proper to be considered and redressed. It is therefore
proposed, that the proprietors of each division, should consent to an
amendment of the above grievances, and that an equivalent be given to the
western proprietors, for the loss of that gore of land between the quinti-
partite line, and that commonly called the scotch line, up to the south
branch of Rariton: and also for so much of that tract of land lying in the
forks of the north branch of Rariton, held under eastern rights, should it
be confirmed to the eastern proprietors pursuant to that act, it being
always received to be in the western division by the agreement made
between Coxe and Barclay.


NUMBER VII.
At a council of proprietors held at the city of Perth-Amboy, August 17,
1742.

PRESENT: John Hamilton, esq; president; Mr. Dunstar; Robert Hunter Morris,
esq, for Mr. Ashfield's propriety; Mr. Peters, for Messrs. Penns.; Mr.
Leonard; Mr. Alexander; Mr. Nevill; Mr. Johnston; Mr. Smythe; Mr. Burnet;
Mr. Foreman.

This board having had under consideration, at its several meetings in and
since September last, the paper delivered by the western proprietors,
entitled, reasons and proposals for an amendment of the quinti-partite
line, and the act made for the confirmation thereof, have hitherto delayed
coming to any resolutions; in order that all the members might thereby
have an opportunity of weighing and giving their judgments in a matter so
nearly affecting their interest; and the same being now maturely
considered at a full board, it is unanimmisly agreed, to return the
following answers to the several articles of the said paper.

To the first, it is the opinion of this board, that though the act might
have passed without the knowledge and consent of some of the proprietors
of the western division of New-Jersey, yet they have reason to believe, it
was warmly solicited by such as were owners of a great number of the
shares, and past with the consent of a greater number of those
proprietors, than ever hath been, or can be got to agree to any alteration
of that act: As to the quinti-partite line, the deed of 1676, by which it
was agreed on, having been executed by all the then proprietors of the
eastern and western divisions of New-Jersey, did legally establish that
partition line; and being so established, it wanted not the authority
of that act to make it binding on all parties thereto, and their assigns;
nor does that act, as we conceive, by establishing that line, dispose of
any man's property.

To the second, this board has been informed, and believes, that in the year
1686, the lieutenant governors of the eastern and western divisions of
New-Jersey, entered into bonds of arbitration, to stand to the award of
John Reid and William Emley, concerning the partition line between East
and West-Jersey; and that those arbitrators made an award of the course
which such line should run from little Egg-Harbour; and that the following
year George Keith, surveyor general of the eastern division; did, as we
believe, at their expence, actually run the line so awarded, from little
Egg Harbour, to Dobies plantation, on the south branch of Rariton; which
is upwards of sixty miles.

This board has likewise been informed, and believes, that another partition
line was afterwards agreed on between the chief governors doctor Coxe and
Robert Barclay; but has not heard of any part thereof being afterwards
actually run; and it appears not by any thing on our records, that either
of those two lines were made binding on the proprietors of either
division, or with consent of the majority of the proprietors; and had they
been with such consent, yet could they not thereby have appeared to alter
the quinti-partite line before agreed to by all the proprietors.

To the third, we know nothing in the act that supposes the quantity of
land in each division to be the same; nor do we conceive after the
execution of the quinti-partite deed, that the proprietors of either
division had any concern with the quantity or quality of the land of the
other division; tho' were it a matter proper to be enquired into, we have
reason to believe, that the western division would be found to contain a
much greater number of acres, even including Staten-Island, than the
eastern division.

To the fourth, there has been many applications from the eastern to the
western proprietors, to join in the running the quinti-partite line
according to the act, and the eastern proprietors have always been ready
to join in that work; and if any mistakes have happened such as the
article sets forth, its but reason they should suffer, seeing the
proprietors of both sides were sufficiently warned by that act, of the
danger of such mistakes, and ought to place their loss thereby to the
account of those who have been the cause of the delay of the running of the
line.

To the fifth and sixth, we are of opinion, that the act was principally
framed, with a view to prevent the inconveniencies set forth in these
articles, and is sufficiently worded to answer the ends.

As to the equivalent proposed by the said paper to be given to the western
proprietors, we conceive, that the act has fully provided a remedy for an
equivalent to that division, to which it shall be found to belong. And
upon the whole, as the act was passed with the consent of a very great
number of proprietors, especially of the western division, and as the act
has received the royal assent, so that no alteration can be made therein
but by the king's express assent first had: And as it might be of very
dangerous consequence, to alter or attempt the altering any part thereof;
and as we believe the consent cannot be had of so great a number of the
proprietors to any alteration, as there was to the making of the act; we
cannot agree to any the least alteration therein; and hope the western
division proprietors will join with the eastern proprietors in the running
of the line, and estimating the equivalent, pursuant to the act: And that
the work may be begun this fall, and carried on in the manner proposed by
the minute of this board, of the 28th of May, 1741, (whereof a copy was
then sent to the western proprietors) or in such other reasonable manner
as can be agreed on; and hope, that we may not be laid under any necessity
of running the line exparte, or of taking any compulsory method for
settling the equivalent; and in hopes that things so disagreeable, might
have been avoided, we have hitherto delayed the having recourse to them.

Ordered, that Mr. Johnston, Mr. Nevill, Mr. Burnet, Mr. Leonard and Mr.
Smyth, or any three of them, be a committee to agree with the western
division proprietors, upon the time, ways, and means for running the said
line, pursuant to the act; having regard to the former minutes of this
board concerning the same, and to employ the persons necessary for the
work in behalf of the eastern proprietors; which committee are to be ready
at Perth-Amboy at any time, until the end of March next; to meet or
correspond with a committee of the western proprietors for the above
purpose.

Ordered, that if any other of the members of this board, be at Perth-Amboy,
that they be admitted into the said committee.

Lawr. Smyth, register to the council of proprietors.


NUMBER VIII.
To the King's most excellent majesty.

The remonstrance and humble petition of your majesty's most loyal subjects,
inhabiting in your majesty's province of East New-Jersey, in America.

Humbly sheweth,

That whereas your majesty's humble petitioners did remove and settle
themselves into the said province of East New-Jersey, and by virtue of a
licence from the honourable colonel Richard Nichols, governor of the said
province, under his then royal highness the duke of York, to purchase
lands of the native pagans; did, according to the said licence, purchase
lands of the said natives, at their own proper costs and charges; and
whereas since his said royal highness did sell and transfer all his right
and interest to the said province of East New-Jersey, to certain
proprietors; by whose licence, several others your majesty's loyal
subjects, have also since purchased lands at their own proper costs and
charges, of the native pagans of the same place; whereby they humbly
conceive they have acquired and gained a right and property to the said
lands so purchased; yet notwithstanding, your majesty's loyal subjects are
molested, disturbed and dispossessed of their said lands, by the said
proprietors or their agents; who under pretence and colour of having
bought the government, with the soil, have distrained from, and ejected
several persons for and under the pretence of quit rent, and lord's rent;
whereby your majesty's liege subjects have been sued, and put to great
trouble and charges, and have been compelled to answer to vexatious
actions; and after they have defended their own rights, and obtained
judgment in their favour, could not have their charges, as according to
law they ought to have; but have been forced to sit down under the loss of
several hundreds of pounds, sustained by their unjust molestations.

And farther, notwithstanding your majesty's liege subjects have purchased
their lands at their own proper costs and charges, by virtue of the
aforesaid licence; yet the said proprietors, governors or agents, without
any pretended process of law, have given and granted great part of the
said lands, by patent, to several of the said proprietors and others, as
to them seemed fit.

And notwithstanding their pretence to government, yet they left us from
the latter end of June, 1689, 'till about the latter end of August, 1692,
without any government, and that too in the time of actual war; so that
had the enemy made a descent upon us, as we were without any military
officers to command or give directions, in order to our defence, or
magistrates to put the laws in execution; and during the whole time, the
said proprietors have governed this your majesty's province, they have
never taken care to preserve or defend us from the native pagans, or other
enemies, by sending or providing any arms, ammunition or stores; but
rather have provoked and incensed the said natives to make war upon us, by
surveying and patenting their lands, contrary to their liking, without
purchasing the same from them, or making any satisfaction in consideration
thereof; and sometimes when the said natives have sold and disposed their
lands, as to them seemed meet, they the said proprietors have disposed of
the same to others, or else found them who had the property in it, to
purchase it of them, upon their own terms; which the said natives have
highly resented, and often complained of, and (may justly be feared) wait
only for an opportunity to revenge it upon the inhabitants of this your
majesty's province.

And further to manifest the illegal and arbitrary proceedings of the said
proprietors, in contempt of your majesty's laws, and against their own
knowledge, signified in a letter by them to the council here in East New-
Jersey, wherein they say as followeth: "We have been obliged against our
own inclinations to dismiss colonel Hamilton from the government, because
of a late act of parliament disabling all scotchmen to serve in places of
publick trust and profit, and obliging all proprietors of colonies to
present their respective governors to the king, for his approbation; so we
have appointed our friend Jeremiah Basse, to succeed colonel Hamilton in
government, whom we have also presented to the king, and by him he is
owned and approved of." Notwithstanding which letter, they have superseded
the said Jeremiah Basse (whom they wrote was approved by your majesty) and
have commissionated the said colonel Hamilton, without your majesty's
royal approbation; although removed before by them, as a person disabled
by law; who now by virtue of their, the said proprietors commission only,
would impose himself upon us as governor; and when in government before,
superseded by the aforesaid Basse, was by them continued about a year
after the 25th of March 1697, without taking the oath enjoined by law; and
doth now presume to exercise government, not having legally taken the said
oath, or having your majesty's royal approbation. The said proprietors of
East New-Jersey, have also, in contempt of your majesty's known laws,
commissionated a native of Scotland to be secretary and attorney-general
of this your majesty's province; (being both places of the greatest trust
next to the governor) and one of the same nation to be clerk of the
supreme court of this your majesty's province; which may be of ill
consequence, in relation to the act of trade and navigation, and to the
great hindrance of your majesty's loyal subjects, (the power of government
being chiefly in the hands of natives of Scotland) from informing against
any illegal or fradulent trading, by Scotchmen, or others in the province.

We your majesty's loyal subjects, labouring under these, and many other
grievances and oppressions, by the proprietors of this your majesty's
province of East New-Jersey; do in most humble manner, lay ourselves
before your majesty (the fouutain of justice) humbly imploring your
majesty will be graciously pleased, according to your princely wisdom, to
take into consideration our evil circumstances, under the present
proprietors, (if the right of government is invested in them) and that
your majesty will be graciously pleased to give your royal orders to the
said proprietors, that with your majesty's royal approbation, they
commissionate for governor, a fit person qualified according to law, who as
an indifferent judge, may decide the controversies arising between the
proprietors and the inhabitants of this your majesty's province; and
settle all the differences, which at present they labour under; and your
majesty's petitioners as in duty bound, shall ever pray.

John Royce, Samuel Walker, Vincent Rugnion.

Memorandum. Besides these three, there are 221 more in the original.

NUMBER. IX.
To the right honorable the lords of the council of trade and foreign
plantations.

The memorial of the proprietors of East New-Jersey, in America.

The proprietors having in all their applications to this honourable board,
shewed an aversion to have any controversy with his majesty; as by their
several expedients in their memorials laid before your lordships may
appear; and considering how often the near neighbourhood of East-Jersey to
New York, (the most important frontier belonging to the crown of England,
in North-America) has been urged upon them, to induce them to a
resignation of their govemment; they do hereby declare themselves ready to
surrender the same to his majesty; although the government was the chief
motive of purchasing the said province, which they did by the opinion and
advice of eminent council, learned in the law; upon the credit of which,
and the confirmation by king Charles the second, of the title to the
grantees, their heirs and assigns, as absolute proprietors and governors
(as by his proclamation hereunto annexed does appear) they have buried
great part of their estates in building, and planting the country; and at
their own expence maintained the government for several years past, as
well as before his majesty's happy succession to the crown, as ever since;
and have not received any returns whatsoever, for all their labour and
cost to this day. In consideration of the premisses, the proprietors do,
in humble confidence, rely on his majesty's justice and goodness, to
confirm to the proprietors and planters respectively, the following rights
and privileges; to render them (at least) as easy under his majesty's
government, as when under the proprietors; towards which they presume to
enumerate the following particulars, viz.

First, That his majesty will be graciously pleased to confirm to them, the
soil and lands of the said province, and the quit rents reserved upon the
grants made, or to be made to the planters or others.

Second, That upon the annexation of the government of the said province, to
that of New-York, the port of Perth-Amboy may be established, for entering
ships, and importing goods there, and exporting goods from thence, without
being obliged to enter their ships at any other place; paying the same, or
like custom to his majesty, as are or shall from time to time, be payable
at New-York.

Third, To have free liberty to trade with any Indians, or other
inhabitants of America, without interruption; and the proprietors to have
the sole privilege (as always hath been practised) of purchasing from the
Indians, all such lands lying within East-Jersey, as yet remain
unpurchased from them.

Fourth, All necessary officers and courts ofjustice, for administration of
justice, in cases criminal and civil, to be appointed and held in East-
Jersey; in the same manner as is practised within the government of New-
York; and that the inhabitants may not be obliged to go to New-York, or be
impleaded there, for any criminal or civil matter arising within East-
Jersey, nor be compelled to serve upon juries, or in any ministerial
office within the province of New-York.

Fifth, That a superior court be held twice a year, at Perth-Amboy, before
which writs of error, or appeals (in the nature of writs of error) from
other courts within the province, may be brought and determined.

Sixth, That the public register, and all records relating to the said
province, may be kept at Perth-Amboy, and not removed to any other place;
and that the constituting of the secretary and register, and the surveyor
general of the said province of East New-Jersey, remain in the proprietors.

Seventh, That the same number of counties be continued in East Jersey, as
there are at present, and by the same names; and that each county in East
Jersey, may choose and send as many representatives to the general
assembly, to be held for New-York and East-Jersey, as are or shall be
chosen by any county in New-York; and if any more counties shall be
hereafter created or appointed in New-York, as many may be created and
appointed in East-Jersey.

Eighth, That a proportionable number of the inhabitants of East-Jersey, may
be appointed to be of the governor's council, at all general assemblies,
and to have votes therein.

Ninth, That the twenty-four proprietors may be lords of the soil, and hold
courts for the lands in their proprietyships, and appoint all officers
that relate thereunto.

Tenth, No person or persons whatsoever, to be molested or deprived of any
civil right or privilege, or rendered uncapable of holding any office or
employment in the government, because of their religious principles; the
province being planted by protestant people of divers persuasions, to whom
that liberty was an original encouragement.

Eleventh, That all wills of persons dying within East-Jersey, and letters
of administration of estates lying there, may be made and granted by the
chief judge of East-Jersey, for the time being, who is to reside there,
and a register thereof kept at Perth-Amboy.

Twelfth, That the proprietors still have their powers continued, to grant
markets and fairs in the said province.

Thirteenth, Lastly, all lands, goods and chattles of felons, felons of
themselves, deodands, fugitives, persons outlawed and put in exigent,
waifs, estrays, treasure trove, mines and minerals, royal mines, wrecks,
royal fish, that shall be forfeited, found or taken within East-Jersey, or
by the inhabitants thereof, within the seas adjacent, to remain to the
proprietors, with all other privileges and advantages, as amply as in the
grant and confirmation to them of the fourteenth of March, 1682.

And because many of the proprietors of East-Jersey, are also proprietors of
West-Jersey; it is humbly desired, that colonel Andrew Hamilton, may be
dispatched by this board, to the government of West-Jersey; his presence
being much wanted there, for the convenience of his majesty's subjects in
that province. Signed by order, and on behalf of the proprietors.

WILLIAM DOCKWRA, secretary and register.


NUMBER X.
Opinion aud answer of the lords commissioners for trade and plantations,
to the memorial of the prorietors of E. N. Jersey in America, signed by
Mr. Dockwra and received from him the 5th of July, 1699.*

ARTICLE I. We have no objection to what is herein desired.

ARTICLE II. We conceive his majesty may do what is herein proposed, in case
the proprietors accept of a new charter, with such conditions as are
reasonable, with relation to their propriety; but that it is very improper
for his majesty to oblige himself to a compliance with this article by any
clause in the new charter.

ARTICLE III. The first part of this article is unreasonable; since it may
happen to be sometimes advisable to restrain this liberty: But the
proprietors of East-Jersey may have the same liberty granted them of
trading with the Indians, as is granted to the inhabitants of New-York, or
any other plantation in America, under his maiesty's immediate government;
what relates to the purchasing of land may be allowed.

ARTICLE IV. The first part of this article, we conceive, may be fit to be
allowed, (provided the officers be appointed by the king's governor) but
not without appeals in civil matters, to the king's governor and council,
and to the king in council; nor so as to hinder trials in criminal
matters, by his majesty's especial commission, to be executed either in
New-York, or East-Jersey, as shall be thought fit; New-York and East-
Jersey being to be accounted one province, without distinction, except as
to the propriety of lands, and the domium utile.

ARTICLE V. This article we think fit to be allowed of, provided there be a
further appeal to the governor of New-York, and council, which is to
consist as well of the inhabitants of East-Jersey, as of those of New-
York, indifferently.

ARTICLE VI. What relates to the publick register and records, to be kept at
Perth-Amboy, may be allowed; but the not removing them to any other place,
upon any account whatsoever, when the publick service shall require it,
seems unreasonable; and the proprietors constituting of the secretary and
register (which the king does every where appoint) does not seem fit to be
allowed; nor is it fit there should be more than one chief secretary, both
for New-York and New-Jersey, who may appoint a deputy to officiate in his
absence from either place.

The surveyor general has a more particular reference to the proprietors and
their lands; so that their constitution of such an office may be allowed.

ARTICLE VII. We have no objection against the number of counties; but the
rest of this article seems to be wholly unreasonable; and in case East-
Jersey be allowed to send one sixth part of the representatives of the
general assembly; and West New-Jersey one sixth more (which would be one
full third of the whole number of the representatives for New-York and the
Jersies) it is as much as can well be allowed; since otherwise these two
Jersies under proprietors, would come in competition with New-York itself,
and out-vote that part of the province when united; so that one-third of
the number of representatives for the Jersies, and two thirds for New-York
(or thereabouts) seems a reasonable proportion.

ARTICLE VIII. This may be reasonable; but then the proportion must be
agreed on, so as to answer that of the preceding article.

ARTICLE IX. We have no objection to this article, in case those officers
be no other than such as constitute a court baron or leet in England.

ARTICLE X. This article mast be regulated by acts of parliament, and the
usage of New-York itself.

ARTICLE XI. The probate of wills is usually in the king's gonernor; but he
may appoint commissaries for executing the same in any part of his
government.

ARTICLE XII. We have no other objection, than that this power is usually
in the governor.

ARTICLE XIII. This article may be reasonable, except as to the goods and
chattels of traytors, fugitives, and persons outlawed, which is matter of
state; nor can right accruing to the proprietors from the seas adjacent,
be well circumscribed; the grant also of 1682, ought to be duly
considered, and such particulars therein as are proper, may be allowed of
without such a general and undetermined reference.

* Taken from the books in the plantation office.


NUMBER. XI.
To the right honourable the lords of the council, of trade and foreign
plantations.

The humble memorial of the proprietors of the province of East New-Jersey
in America.

The proprietors in all their applications to your lordships, and
particularly in their last proposals, having expressd a great readiness of
complying with his majesty's pleasure, in relation to their government, so
as their properties might be preserved to them, by such concessions on his
majesty's part, as are necessary to that end; are surprised at the dubious
answer returned by your lordships to the second article of their
proposals, concerning the establishment of a port at Perth-Amboy, for
entering ships and importing goods there, and exporting goods from thence
without being obliged to enter their ships at any other place. For the
principal objection that has been always made, to the allowance of a port
in East-Jersey, arising from the non-payment of customs there, and the
detriment accruing to the trade of New-York; by reason thereof the
proprietors conceived, that by submitting to pay the same customs as are
paid at New-York, they had effectually answered that objection, and
prevented all others; and that they being his majesty's subjects, and
equally entitled to his favour and protection with the inhabitants of New-
York, might under the payment of such duties, freely enjoy those
conveniencies for trade, which God and nature have allotted to their
colony, and they have purchased with their money, and which has not been
denied to any other American plantation; tho' paying no customs, but
permitted as a natural right. The proprietors therefore crave leave (in
pursuance of that sincerity and plainness wherewith they have all along
addressed to your lordships on this occasion) to declare, that the
obtaining a port to be continued forever, was their main inducement to
consent to a surrender of their government; and therefore, they insist,
that in the new charter to be granted them by his majesty, there be an
express clause inserted, whereby Perth-Amboy shall be established a port
forever, for entering all ships coming into, and going from East-Jersey,
for importing and exporting goods; and that such port shall not be
forfeited or taken away for any misdemeanor whatsoever, but only the
persons guilty of the misdemeanor, shall be accountable and punishable for
it.

This is the only thing that makes the province of any value to the
proprietors, or give them hopes of re-imbursing their purchase money, and
other expences in improvements; and if your lordships think it too great a
privilege for them, who have been faithful subjects to his majesty, and
contributed to the defence of the frontiers during the late war in
America, more than they were able to bear; the proprietors cannot be
accessary to their own ruin, by a voluntary surrender; but must endeavour
to vindicate their rights in a legal manner, and seek redress by such
other measures as they shall be advised to, and are consistent with their
duty to his majesty.

The proprietors do further crave leave to mention, that if their desire of
a port is once granted, they do not foresee any great diffieulty, to
adjust with your lordships the other articles mentioned in their memorial.

Signed on the behalf of the said proprietors, and by their order.

WILLIAM DOCKWRA, Secretary and Register.
London, 15th January, 1699-1700.


NUMBER XII.
To their Excellencies the lords justices of England.

The humble petition of the proprietors of the provinces of East and West-
Jersey, in America.

Sheweth,

That your petitioners, as they were advised by their council, being legally
entitled to the government of those provinces, by virtue of several grants
from the late king James, when duke of York, the declaration of the late
king Charles the second, under the great seal of England, and of several
acts of state and orders of council, admitting their right, have, for many
years appointed governors there, and particularly colonel Andrew Hamilton,
who administered the government, to the great service of the crown, and
universal satisfaction of the inhabitants, until an act of parliament
passed in the seventh and eighth years of his present majesty's reign,
entitled an act for preventing frauds, and regulating abuses in the
plantation trade.

Upon which law some doubt arising, whether a native of Scotland (as Col.
Hamilton is) were capable of being a governor of the plantations; your
petitioners, for avoiding any colour of offence against that act of
parliament, appointed one Jeremiah Basse governor of those provinces; but
the lords of the committee of trade and plantations, making then some
scruple concerning your petitioner's right of government; Mr. Basse had
not such a formal approbation of his majesty, as that act directs; and
though your petitioners were at the same time honoured with instructions
from the then lords justices, and lords commissioners of the treasury, for
their governors conduct, which were produced, and published by Mr. Basse,
as a testimony of his being nominated governor with the knowledge and
implicit consent of his majesty and his ministers of state; yet for want
of an express approbation in writing, the inhabitants refused to obey him;
and he returned to England: Whereupon your petitioners, who had been
informed of the opinions of his majesty's late attorney and present
solicitor general, that a native of Scotland was not disabled to execute
any office in the plantations, were induced to re-appoint the said Col.
Hamilton (then in England) governor of those provinces, whom your
petitioners presented to the lords of the committee of trade and
plantations, humbly remonstrating to them, the necessity of sending a
governor for preservation of the publick peace, and praying their lordships
recommendation of him for his majesty's approbation; but their lordships
having resolved to controvert your petitioners right of government, by a
trial at law, declared they could not consent to such an approbation,
without prejudice to his majesty's right; yet in regard to the necessity
of the people's being under some government 'till the right was
determined, their lordships delivered their opinion, that Col. Hamilton,
acting according to the laws of England, your petitioners might be safe in
commissionating him, and he in executing their commission; under the
security of which approbation, Col. Hamilton went over, and re-assumed the
government of those provinces; but some factious and turbulent persons,
impatient of any government, oppose his administration, because he is
not approved of by an order of council, according to the express letter of
the act of parliament, and have made so great divisions and confusions
there, that the publick peace is daily violated, and the publick justice
obstructed. That your petitioners have agreed, and are ready to surrender
all their right of government to his majesty, upon such terms and
conditions, as are requisite for preservation of their properties and
civil interests, and which they humbly hope will be allowed to them.

Your petitioners therefore most humbly pray, that for the preservation of
the publick peace of those provinces, your excellencies will be graciously
pleased, immediately to approve of Col. Hamilton to be governor of the
provinces of East and West-Jersey, until the terms of surrender can be
adjusted; and your petitioners shall ever pray.

Jos. Brooksbank, Dan. Coxe, jun., Tho. Hart, Joseph Ormston, Joseph
Ormston, as having procuration, Miles Forster and Edward Antill, Gilbert
Molleson, Tho. Barker, Tho. Lane, Paul Dominique, Tho. Skinner, John
Bridges, Michael Watts, E. Richier, Clem. Plumstead, Tho. Cooper, Walter
Benthal.

NUMBER. XIII.
Representation of the lords of trade.

To their excellencies the lords justices.

May it please your excellencies,

In obedience to your excellencies commands, signified to us by Mr. Yard,
upon several papers laid before your excellencies, relating to the state
of his majesty's provinces of East and West-Jersey, in America: We have
considered all the said papers, together with others of the like nature,
that were already in our hands; and having likewise heard what the
proprietors and others had to offer: we thereupon most humbly report to
your excellencies,

That those countries which are now known by the name of East and West
New-Jersey, were granted, together with several other territories, by king
Charles the second, by letters patents, bearing date the 12th day of
March, 1664, to the then duke of York, his heirs and assigns; together
with full and absolute power and authority to him, his heirs, deputies,
agents, commissioners and assigns, to correct, punish, pardon, govern and
rule, all such persons as did then, or should at any time thereafter
reside within the said territories, according to such laws, orders,
ordinances, directions and instruments, as by the said duke of York, or his
assigns, should be established; and with several other clauses relating to
the government and defence of the same.

That the said duke of York did thereupon grant, convey and assign, the said
provinces, (by the names of Nova-Caesaria or New-Jersey) to John lord
Berkeley and sir George Carteret, their heirs and assigns, with all and
every the appurtenances thereto belonging, in as full and ample manner as
the same was granted to him, by the aforesaid Jetters patents of king
Charles the second. That his said majesty king Charles the second, by
other letters patents, dated the 29th of June 1674, did again grant and
convey to the said duke of York, all the said lands and territories, in
the same manner as before expressed; and that several subdivisions and
sales, having in the mean while been made by the said lord Berkeley, sir
George Carteret, and others claiming under them; he the said duke of York,
did, by indenture, dated the 6th day of August, 1680, grant and confirm
the province of West New-Jersey, with all the appurtenances thereunto
belonging, to Edward Byllinge of Westminster, gent. in whom the title
thereunto then was, and to his heirs and assigns forever; and did in like
manner, by indenture, dated the 14th day of March, 1682, grant and confirm
the province of East New-Jersey, with all the appurtenances thereto
belonging, to James Earl of Perth, William Penn, esq; and several other
persons, in whom the title to the same then was; and to their heirs and
assigns forever; and by each of the said indentures, did likewise give,
grant, and assign unto the aforesaid respective grantees or assigns, all
and every such and the same powers, authorities, jurisdictions,
governments, and other matters and things whatsoever, which by the
aforementioned respective letters, patents, or either of them, were
granted or intended to be granted, to be exercised by him the said duke of
York, his heirs, assigns, deputies, officers or agents.

That the present proprietors who derive their respective titles to their
several shares and proportions of the soil of these provinces, by several
mean conveyances, from and under the aforementioned grants to Edward
Byllinge, and to the Earl of Perth, and other persons to whom the duke of
York had immediately conveyed the same; do in like manner, and by virtue
of divers such mean conveyances, claim the same powers and rights of
government as were granted by king Charles the second, to the duke of
York; and by him to others, according to the tenor of the aforesaid
indentures.

That nevertheless, we do not find, that any sufficient form of government
has ever been settled in those provinces, either by the duke of York, or
by those claiming under him, as aforesaid; but that many inconveniences
and disorders having arisen from their pretence of right to govern. The
proprietors of East New-Jersey, did surrender their said pretended right
to the late king James, in the month of April 1688; which was accordingly
accepted by him.

That since his majesty's accession to the crown, the proprietors both of
East and West-New-Jersey, have continued to challenge the same right as
before; and did in the year 1697, apply themselves to us, in, order to
their obtaining his majesty's approbation of the person whom they desired
to have continued governor of the said provinces, but at the same time
refused to enter into security to his majesty, pursuant to the address of
the right honourable the house of lords, of the 18th of March, 1696, that
the person so presented by them the said proprietors, should duly observe
and put in execution, the acts of trade; yet nevertheless proceeded, from
time to time, to commissionate whom they thought fit, to be governor of
those provinces, without his majesty's approbation; according to what is
required by the late act, for preventing frauds and regulating abuses in
the plantation trade.

That in this manner having formerly commissionated Col. Andrew Hamilton,
afterwards Mr. Jeremiah Basse; then again superceding their commission to
Mr. Basse, and renewing or confirming that to Col. Hamilton; and ever
since that also, some of them having sent another commission to one capt.
Andrew Bown: The inhabitants sensible of the defect and insufficiency of
all those commissions, for want of his majesty's authority, have upon
several occasions, some of them opposed one of those governors, some
another, according as interest, friendship, or faction had inclined them.

That the inhabitants of East New-Jersey, in a petition to his majesty, the
last year, complained of several grievances they lay under, by the neglect
or mismanagement of the proprietors of that province or their agents, as
particularly, that from the latter end of June 1689, 'till about the
latter end of August 1692 (which was a time of actual war) they had not
taken any manner of care about the government thereof, so that there
having been neither magistrates established to put the laws in execution,
nor military officers to command, or give directions, in order to the
defence of the province, they were exposed to any insults that might have
been made upon them by an enemy, unto which they also added, that during
the whole time the said proprietors have governed, or pretended to govern
that province, they have never taken care to preserve, or defend the same
from the Indians, or other enemies, by sending or providing any arms,
ammunition or stores, as they ought to have done; and the said inhabitants
thereupon, humbly prayed his majesty would be pleased to commissionate
some fit person qualified according to law, to be governor over them.

That it has been represented to us, by several letters, memorials, and
other papers, as well from the inhabitants as proprietors of both those
provinces, that they are at present in confusion and anarchy; and that it
is much to be apprehended, left by the heats of the parties that are
amongst them, they should fall into such violences as may endanger the
lives of many persons, and destroy the colony.

That the greatest number of the proprietors of both those provinces
residing in this city, being hereby sensible of the necessity of his
majesty's authority, for the preserving of peace and good order in those
countries, have lately presented a petition to your excellencies; in the
preamble whereof; though they still seem to assert their title to the
government of the said provinces; yet nevertheless in the end, declare
they have agreed, and are ready to surrender the same to his majesty,
upon such terms and conditions as are requisite for preservation of their
properties and civil interests; and they therefore humbly pray, that for
the preservation of the publick peace, your excellencies would be
graciously pleased, immediately to approve colonel Hamilton, to be
governor of both the said provinces of East and West New-Jersey, until the
terms of surrender can be adjusted.

That in a late memorial* presented to your excellencies (and signed not
only by the same person, but by others likewise, who would not join in the
prayer of the petition) having again prefaced their own pretended right to
government; they do in like manner declare their readiness to surrender
the same, in humble hope and confidence (as they express themselves) that
his majesty will be pleased to grant them all reasonable privileges, which
are necessary to preserve their civil rights, and the interests of
planters, and which are not inconsistent with his majesty's service, or
royal authority; after which they proceed to propose, and particularly
enlarge upon, several articles relating to the method of settling both
the said provinces, and uniting them under one government.

That the proprietors of East New-Jersey, residing there, have signed and
sent over hither, to a gentleman whom they have constituted their agent
and attorney in that behalf, an absolute and unconditional surrender of
their right to the government of that province, so far as the same is in
them, and so far as they are capable of doing it for others concerned with
them in that propriety.

That in relation to the aforesaid articles, we have been attended by
several of the proprietors here; who have further personally declared to
us, that their intention in proposing the same, is only to secure their
rights, in such things as are matter of property; and that they
unanimously desire to surrender the government to the king, and submit the
circumstances thereof to his majesty's pleasure. But in relation to the
aforementioned petition, that colonel Hamilton may at present receive his
majesty's approbation to be governor of those provinces, the said
proprietors are so divided amongst themselves, that whereas some seem to
insist upon his approbation, as one principal condition of their
surrender, others in the same manner insist upon his exclusion.

Upon all which, we humbly represent unto your excellencies, that not being
satisfied, that the aforementioned grants from the duke of York, (the only
title upon which the said proprietors claim a right to government) without
any direct and immediate authority from the crown, were or could be of any
validity to convey that right, (which we have been informed is a power
unalienable from the person to whom it is granted, and not to be assigned
by him unto any other; much less divided, sub-divided, and conveyed from
one to another, as has been done in the present case). We did thereupon
humbly represent to his majesty, the 18th of April, 1699, that a tryal
might be had in Westminster-Hall, upon a feigned issue, whereby their
claim to the right of government, might receive a determination. That no
such determination having yet been made, nor any proceedings (that we know
of) had, upon the forementioned surrender; but it being generally
acknowledged, both by the inhabitants and proprietors of the aforesaid
provinces, that the disorder and confusion they are now fallen into, are
so great, that the publick peace and administration of justice is
interrupted and violated; and that whilst those disorders continue, there
neither is nor possibly can be, any due provision made, for the guard and
defence of that country, against an enemy, we are humbly of opinion, that
it is very expedient for the preservation of those territories to the
crown of England, and for securing the private interest of all persons
concerned, that his majesty would be pleased to constitute a governor over
those provinces, by his immediate commission; which together with the
instructions, to be also given to the said governor, may contain such
powers, authorities and directions, as may be necessary for the
establishing there a regular constitution of government, by a governor,
council, and general assembly, with other civil and military officers; and
for securing to the proprietors and inhabitants, all their properties and
civil rights, in as full and ample manner, as the like are enjoyed by any
plantation, under governors appointed by his majesty's immediate
commission; together with such clauses and further provisions, as may be
thought reasonable, in order to prevent the interfering of that colony
with the interest of his majesty's other plantations; as the proprietary
governments in America have generally done.

And we further humbly offer, that draughts of such a commission and
instructions may be prepared; and that they may be also shewn to the
proprietaries of those provinces, in order to their acquiescence, and the
surrender of their pretended right to government, in such manner and form
as may be effectual in law, to the final extinguishing of their pretences;
or in case of their refusal, in order to such other proceedings as shall
then be thought fit.

All which nevertheless, is most humbly submitted.

Phil. Meadows, Jo. Pollexfen, Abr. Hill, Mat Prior.

Whitehall, October 2, 1701.

* See the memorial which follows.


NUMBER. XIV.
The humble memorial of the proprietors of the provinces of East and West-
Jersey in America.

Though the proprietors are advised by their council, that their right to
ports within those respective provinces, was fully asserted, and their past
administration of the government of those provinces, as fully justified at
the late trial had in the court of king's bench, between Mr. Basse and the
earl of Bellemont; they are notwithstanding, ready and desirous, in
obedience to his majesty's pleasure, to surrender all right of government
there; in humble hope and confidence, that as his royal wisdom prompts him
to resume the American proprietary governments into his own more immediate
administration; so his justice and goodness will incline him to grant the
proprietors all reasonable privileges, which are necessary to preserve
their civil rights, and the interest of the planters, and which are not
inconsistent with his majesty's service, or royal authority.

To which they humbly propose and pray,

First. That his majesty will grant and confirm to them their lands and
quit-rents, with such other liberties, franchises and privileges, as were
granted to them by the late king James, when duke of York, or have been
granted by his majesty to other proprietors of provinces in America,
except the powers of government.

Second. That his majesty will grant to them, the sole power of purchasing
from the Indians, all lands lying within these provinces, which remain
unpurchased from them; and that all other persons who have purchased, or
shall purchase lands, either with or without licence first had from the
proprietors, and who have not already taken patents, shall be obliged to
take patents of such lands from the proprietors, under a moderate quit-
rent; and in default thereof, their title from the Indians to be declared
null and void. This the proprietors humbly conceive will be necessary, as
well to vindicate his majesty's royal right, as their own property under
him; because the planters have lately taken up and promoted an opinion,
that the king's right to all American countries discovered by English
subjects, is only notional and arbitrary; and that the Indian natives are
the absolute independant owners, and have the sole disposal thereof; And
some of the planters who have made such purchases of land from the
Indians, refuse to take patents from the proprietors, grantees of the
crown; and others, who have taken patents, refuse to pay the quit-rents
reserved.

Third. That the inhabitants of both provinces may have the same liberty of
trading with the Indians, as the inhabitants of New-York, or of any other
plantation in America, under his majesty's immediate government, do or
shall enjoy.

Fourth. That the port of Perth-Amboy, in East-Jersey, and the ports of
Burlington and Cohansie, in West-Jersey, may be established ports of those
respective provinces forever; and that no ship bound to any of those
places, shall be obliged to enter at any other port; nor any ships to be
laden there, shall be obliged to clear at any other port; and that
officers may be appointed at such port, for collecting the customs, and
seeing the acts of navigation duly executed.

Fifth. That the proprietors may appoint surveyors general, and other
officers, for surveying, and recording of the surveys of land granted by
and held of them.

Sixth. That the proprietors of East-Jersey may hold three markets in every
week forever, on Tuesday, Thursday and Saturday, for all manner of cattle,
goods and merchandizes, at Perth-Amboy; and four fairs in every year
there, to begin the Monday in the months of [left blank] and each fair to
continue six days; and that the proprietors of West-Jersey may hold the
like number of markets in every week forever, on Monday, Wednesday and
Friday, at Burlington, in West-Jersey; and four fairs in every year there,
to begin the [left blank] Monday in the months of [left blank] and each
fair to continue six days.

Seventh. That East and West Jersey may he erected into one distinct
government, and have one general assembly, for making laws for the good of
both provinces, to sit alternatively, at Perth-Amboy in East-Jersey, and
Burlington in West-Jersey; and that such general assembly may be elected
every year in the month of [left blank] and may meet on the first Monday
in October, and oftener if need be.

Eighth. That the general assembly may consist of thirty-six
representatives, to be chosen in manner following, viz. two by the
inhabitants, housholders of the city or town of Perth-Amboy, in East-
Jersey; two by the inhabitants, housholders of the city or town of
Burlington, in West-Jersey; sixteen by the freeholders of East-Jersey, and
sixteen by the freeholders of West-Jersey; but that no person shall be
capable of being elected a representative by the said freeholders, or
afterward of sitting in general assembly, who shall not have one thousand
acres of land, of an estate of freehold in his own right, within the
province for which he shall be chosen; and that no freeholder shall be
capable of electing snch representatives, who shall not have one hundred
acres of land there in his own right of an estate of freehold; and that
this number of representatives shall not be enlarged or diminished, or the
manner of electing them altered, otherwise than by act of general
assembly, and the approbation of his majesty, his heirs and successors.

Ninth. That the governor's council may consist of inhabitants of both
provinces; whereof an equal number to be chosen out of each province.

Tenth. That all necessary officers, and courts for administration of
justice, in cases criminal and civil, be established in each province; and
that one supreme court may be held for both provinces, twice in every
year, at Perth-Amboy in East-Jersey, and Burliugton in West-Jersey,
alternatively; in which courts all writs of error from any other courts
within these provinces, shall be brought and determined; and that this
court may consist of the governor's council, and the three capital judges
of each province, (except such of them who pronounced the first judgment,
sentence or decree) or of any seven of them, whereof two of the council,
and three judges, for the time being, shall be five; and every member of
the court, who shall be present, shall have an equal vote: saving that
where the court shall be equally divided in their opinions, the eldest of
the council shall have a decisive vote.

Eleventh. That no appeal to the king may be in personal actions, where the
cause of action is of less value than two hundred pounds.

Twelfth. That all protestants may be exempt from all penal laws relating to
religion; and may be capable of being of the governor's council, and of
holding any other publick office, though they do not conform to the
discipline of the church of England, or scruple to take an oath; and that
an instruction be given to the governor, for procuring a law to pass in
the general assembly, for substituting some proper declaration in the
place of an oath.

Thirteenth. That his majesty will be pleased to permit the proprietors to
nominate the first governor.

Fourteenth. That all such further privileges, franchises and liberties, as
upon consideration, shall be found necessary to the good government and
prosperity of the said provinces, and increasing the trade thereof, may be
granted to the proprietors.

JOSEPH ORMSTON.
August 12, 1701.

Joseph Ormston, having procuration from Miles Forster and Edward Antill,
Gilbert Molleson, Thomas Barker, Clement Plumstead, Thomas Cooper, William
Dockwra, Walter Benthal, Edward Ritchier, Joseph Brooksbank, Daniel Coxe,
jun., Thomas Lane, Paul Dominique, John Bridges, Michael Watts, Thomas
Skinner, Thomas Hart.
FINIS