for food in their seasons But in the killing and destroying of Bears Wolves Foxes and other Vermine whose Skins and Furs they bring the English and sell them at less price then the value of the time that people must spend to take them Like as that this Collony may be founded in Justice and without any thing of Oppression as all that is already Planted is is truly Purchased from the Indians so there is a great deal more of the Province cleared by their consent and all is intended by paction with them to be obtained so that whoever Purchase or Plant under the Proprietors shal be fred of that incumbrance and if there were any hazard from the Indians as really there is none yet this Province could hardly be in any danger In respect that to the North upon the Main-Land from whence the hazard if any must come the Province of New-York comes betwixt it and them and 20. miles and more above upon Hudsons River there is a Fort called New-Albany There were Constitutions of Government made by the Lord Barkley and Sir George Cartwright in which such provision was made both for Liberty of Religion and Propertie that the Province hath been considerably Peopled and many resorted there from the Neighbouring Collonies so that the Planters are able already to Muster 500. well Armed Men. The Concessions and Agreement of the Lord Proprietors of the Province of New-Caesarea or New-Jersey to and with all and every the Adventurers and as such as shall settle or plant there granted by Lord John Barclay and Sir George Cartwright the then Lord Proprietors upon their sending thir people to Plant Anno 1664. IMprimis We do consent and agree that the Governour of the said Province hath power by the advice of his Council to depute one in his place and Authority in case of death or removeall to continue untill farther order unless we have Commissionated one before 2. Item That he hath likewise power to make choice of and take to him six Counsellors at least or twelve at most or any even number betwixt six and twelve with whose consent and advice or with at least three of the six or four of a greater number all being summonded he is to Govern according to the Limitations and Instructions following during Our Pleasure 3. Item That a Chief Secretary or Register which we have chosen or shall choice we faillieing that he shall choice shall keep exact entries in fair books of all publict affaires and to avoyd Decreets and Law Suitts shall record and enter all grants of Lands from the Lords to the Planters and Conveyances of Lands houses or from man to man as also all Leases for Land house or housâ—s made or to be made by the Land-Lord to any tennant for more then one year which Conveyance or Lease shall be first acknowledged by the Granter or Leaser or proved by the each two witnesses to the Lease or Conveyance before the Governor or some cheif Judge of a Court for the time being who shall under his hand upon the back side of the said deed or Lease attest the acknowledgement or Proof as aforesaid which shal be a warrand for the Register to record the same which conveyance or Lease so recorded shall be good and effectuall in the Law notwithstanding any other conveyance Deed or Lease for the said Land house or houses or any part thereof although dated before the Conveyance Deed or Deed or Lease so recorded as aforesaid And the said Register shall do all other thing or things that we by our Instructions shall direct and the Governor Counsel and assemblie shall ordaine for the good and wellfaire of the said Province 4ly Item That the Suerveyour generall that we have chosen or shall choice such faillieing that the Governour shall choice shall have power by himself or deputie to Survey Lay out and bound all such Lands as shall be granted from the Lords to the Planters and all other Lands within the said Province which may concerne particular men as he shall be desired to doe And a particular thereof certified to the Register to be recorded as aforesaid Provided that if the said Register and Surveyer shall so mis-behave themselves as that the Governor and Counsellor Deputie Governour or Counsellor the Major part of them shall find it reasonable to Suspend their actings in their respective employments It shall be Lawful for them so to doe untill further order from us 5ly Item That the Governour Counsellors Assemblie Men Secretarie Surveyer and all other Officers of Town shal Swear or Subscribe in a book to be provided for that purpose That they will bear true allegiance to the King of England his Heirs and Successors And that they will be faithfull to the interest of the Lords Propietors of the said Province and their Heirs executors and Assignes and endeavor the peace and wellfair of the said Province and that they will truelie and faithfullie discharge their respective trusts in their respective officses and doe equall Justice unto all men according to their best skill and Judgement without corruption favour or affection And in the names of all that have Sworne to Subscribe to be entered in a book And whosoever shall Subscribe and not Sweare and shall violate his promise in that Subscription shall be lyable to that same punishment that the Persons are or may be that have Sworn and broken their Oaths 6ly Item That all persons that are or shall become Subjects to the King of England and Swear and Subscribe allegiance to the King and faithfulness to the Lords shal be admitted to plant and become a Free man in the said Province and enjoy the Freedomes and Immunities hereafter exprest untill some stop or contradiction be made by us the Lords or els the Governor Council and Assemblie which shall be in force untill the Lords see cause to the contrarie Provyded That such stopes shall not any wayes prejudice the right or continuance of any person that hath been received before such Stop or order come from the Lords or Generall Assemblie 7ly Item That no person as aforsaid within the said Province at any time shall be any wayes molested punished Disquyeted or called in question for any Difference in Opinion or Practise in matters of Religious Concernments who doe not actuallie disturb the Civil peace of the said Province But that all and every such person and persons may from time to time and at all time freelie and fullie have and enjoy his and their Judgement and Consciences in matters of Religion throughout all the said Province They behaving themselves peaceablie and quyetlie and not useing this Liberty to Licentiousnes to the civil injurie or outward disturbance of others Any Law Statute or Clause contained or to be contained Vsage or Custome of this Realm of England to the contrarie thereof in any wise notwithstanding 8ly Item That no pretence may be taken by us our Airs or Assignes for or by reason of our
right of Patronage and power of Advousone granted by his Maâ—esties Letters patents unto his Royall Highness James Duke of York and by his said Royall Highness unto us thereby to infringe the Generall Clause of Libertie of Conscience aforementioned We doe hereby grant unto the Generall Assemblie of the said province power by Act to Constitute such and so many Ministers or Preachers as they shall think fit and to establish their Maintainance giving Libertie besides to any person or persons to keep and Maintain what Ministers or Preachers they please 9ly Item That the Inhabitants being Free men or chief Agents to others of the province aforesaid do as soon as this our Commission shall arryve by vertue of a Writ in our names by the Governor to be for the present untill our Seall comes Sealled and Signed make choice of twelve Deputes or Representatives from among themselves who being chosen are to joyne with the said Governor and Council for the making such Laws Ordinances and Constitutions as shal be necessarie for the prâ—sent good and welfare of the said Province But so soon as Parishes Divisions Tribes and other Distinctions are made that then the Inhabitants or Free holders of the several and respective Parishes Tribes or Dominions and Restrictions aforesaid do by Our Write under Our Seal which we engage shall and be in due time issued annually meet on the first day of January and choise Free-holders for every respective Division Tribe or Parish to be the Deputies or Representatives of the same which body of Representatives or the major part of them shall with the Governour or Counsel aforesaid be the General Assemblie of the said Province the Governour or his Depute being present unles they shall wilfullie refuse In which case they may appoint themselves a President during the absence of the Governour or Depute Governour Which ASSEMBLIES are to have Power 1. To appoint their own time of meeting and to adjourne their Sessions from time to time to such times and places as they shall think convenient As also to as certaine the number of their Quorum Provided the said number be not less then the 36. part of the whole in whom or more shall be the full power of the General Assemblie viz. 2ly To Enact and make all such Laws Acts and Constitutions As shall be necessarie for the well Government of the said Province and them to repeall Provided That the same be consonant to Reason and as near as may be Convenientlie agreeable to the Laws and Customes of his Majesties Kingdom of England Prvided also that they be not against the Interest of us the Lords Proprietors our Airs and Assignes or any of these our Concessions Especially that they be not repugnant to the Article for Libertie of Conscience abovementioned which Laws c. so made shall receive Publication from the Governour and Councill but as the Laws of us and our General Assemblies and be in force for the space of one year and no more unless contradicted by the Lords Proprietors within which time they shall be presented to us our Heirs c. for our ratification And being confirmed by us they shall be in continual force till expyred by their own Limitation or by Act of Repeal in like manner to be passed as aforesaid and confirmed 3ly By Act as aforesaid to constitute all Courts together with the Limits Powers and Jurisdictions of the same and also the several Offices and number of the Officers belonging to each Court with their respective Salaries Fees and Perquisits their Appellations and Dignities with the Penalties that shall be due to them for the breach of their several and respective Duties and Trusts 4ly By Act as aforesaid to lay equal Taxes and Assesments equally to raise Moneys or Goods upon all Lands except us the Lords Proprietors before settling or Persons within the several precints hundreds Parishes Manours or whatsoever other Divisions shall hereafter be made and established in the said Province as oft as necessity shall require and in such manner as to them shall seem most equal and easie for the said Inhabitants in order to the better supporting of the publick Charge of the said Government and for the mutual Safety Defence and Security of the said Province 5ly By Act as aforesaid to erect within the said Province such and so many Manours with their necessary Courts Jurisdictions Freedoms and Priviledges as to them shall seem meet and convenient As also to divide the said Province into Hundreds Tribes Parishes or such other Divisions and Districtions as they shall think fit and the said Divisions to distinguish by what manner we shall Order or Direct And in default thereof by such names as they please As also within the said Province to creat and appoint such and so many Ports Harbours Creeks and other places for the convenient Loading and Vnloading of Goods and Merchandise out of Ships Boats and other Vessels and shall be expedient with such Jurisdictions Priviledges and Franchises to each Ports c. belonging as they shall judge most conducing to the general good of the said Plantation or Province 6ly By their enacting to be confirmed as aforesaid to Erect Raise and Build within the said province or any part thereof such and so many Forts Fortresses Castles Cities Corporations Burrows Towns Villages and other places of Strength and Defence and them or any of them to incorporate with such Charters and Priviledges as to them shall seem good and the Grant made unto us will permit And the same or any of them to fortifie and furnish with such provisions and proportions of Ordnance Powder Shot Armour and all other Weapons Ammunition and habiliments of War hoth Offensive and Defensive as shall be thought necessary and convenient for the Safety and Welfare of the said Province But they shall not at any time Demolish Dismantle or Disfurnish the same without the consent of the Governour and the Major part of the Councill of the said Province 7ly By Act as aforsaid to Constitute Train-bands and Companies with the number of Souldiers for the Safetie Strength and defence of the said Province and of the Forts Castles Cities To Suppresse all Munities and Rebellions to make war Offensive and Defensive with all Indian Strangers and Forrainers as they shall see cause And to pursue an enemie by Sea as well as by Land if need be ouâ— of the Limitts and Jurisdictions of the said Province with the particular cons nt of the Governour and under his conduct or of our Commanders in chief or whom he shall appoint 8ly By Act as aforesaid to give unto all Strangers as to them shall seem meet a Naturalization and all such Freedomes and Priviledges within the said Province as to his Majesties Subjects do of right belong they Swearing or Subseryving as aforesâ—id said Stranger so Authorized and Priviledged shall be in all respects accounted in the said Province as the Kings naturall Subjects 9ly Item By an Act as
aforesaid to prescrive the quantities of Land which shall be from time to time allotted to every Head free or servant Male or Female and to make or ordain Rules for the casting of Lots for Lands and the laying out of the same provided That they do not in their prescriptions exceed the several proportions which are hereby granted by us to all persons arriving in the said Province or adventuring thither 10ly The General Assembly by Act as aforesaid shall make provision for the Maintainâ—nce and support of the Governour And for the defraying all necessary Charges of the Governmâ—nt As also the Constables of the saâ—d Province shall collect the Lords Rents and shall pay the same to the Receiver that the Lords shall appoint to receive the same unless the said Geneâ—al Assembly shal prescrive some other way whereby the Lords may have their Rents duely collected without charge or trouble to them 11ly And Lastly To Enact Constitute and Ordain all such other Laws Acts and Constitutions as shall or may be necessarie for the good property and setlement of the said Province excepting what by these presents is excepted and conforming to the Limitations herein exprest The Governour with his Council before exprest is First To see that all Courts established by the Laws of the General Assembly and all Ministers and Officers Civil and Military do and execute their several Offices and duties respective according to the Laws in force and to punish them for swerving from the Laws or Acting contrary to their Trust as the nature of their Offence shall require Sccondly According to the constitutions of the General Assembly to nominate and commissionate the severall Judges Members and Officers of Courts whether Magistratical or Ministerial and all other civil Officers Coroners c. And their Commissions Powers and Authorities to revoke at pleasure provided That they appoint none but Free-holders in the Province aforesaid unless the General Assembly consent Thirdly According to the constitutions of the General Assembly to appoint Courts and Officers in cases Criminal And to impower them to inflict penalties upon Offenders against any of the Laws in force in the said Province as the saids Laws shal ordain whether by Fine or Imprisonment Banishment Corporal punishment or to the taking away of Member or of Life it self if there be cause for it Fourthly To place Officers and Souldiers for the safety strength and defence of the Forts Castles Cities c. according by the number appointed by the General Assembly to nominat place Commissionat all Military Officers under the dignity of the said Governour who is Commissionated by Vs over the several Trained Bands and Companies constituted by the General Assembly as Collonels Captains c. And their Commissiones to revoke at pleasure The Governour with the advice of his Counsel unless some present dangers will not permit them to Advise To Muster and Traine all the Forces within the said Province to prosecute War pursue an Enemy suppress all Rebellions and Muâ—…inies as well by Sea as by Land and to exercise the whole Militia as fully as we by the Grant from his Royall Highness can impower him or them to do provided that they appoint not Militia Forces but what are Free-holders in the said Province unless the General Assembly shal consent Fifthly Where they see cause after Condemnation to reprive until the cause be presented with a copy of the whole Tryal proceedings and proofs to the Lords who will accordingly either pardon or command execution of the Sentence on the Offender who is in the mâ—an time to be kept in safe Custodie till the pleasure of the Lords be known Sixthly In case of Death ot other removal of the representative within the year to issue summonds by write to the respective division or divisions for which he or they were choosen Commanding the Free-holders of the same to choose others in their stead Seventhly To make warrands and to seall grants of Lands according to these our Concessions And the prescriptions by advice of the General Assembly in such forme as shall be at large sett down in our Instructions to the Governour in his Commission and which are hereafter exprest Eightly To Act and do all things that may conduce to the Safety peace and well Government of the said province as they shall see sit so that they be not contrare to the Laws of the said province For the better security of the Province of all the Inhabitants First They are not to impose nor suffer to be imposed any tax custome subsidie talladg assesmant or any other duty whatsoever upon any collour or pretence upon the said province and Inhabitants thereof other then what shall be imposed by the Authority and consent of the Generall assembly and then only in manner as aforesaid Secondly They are to take care that Land quietly held planted and possessed seven years after its being first duely surveyed by the Surveyor or General or his order shall not be subject to any review resurvey or alteration of bonds one what pretence soever by any of us or any Officer or Minister under us Thirdly They are to take care that no man if his cattle stray or range or graze on any ground within the said Province not actually appropriat or sett out to particular persons shall be lyable to pay anâ— trespase for the same to us our Heirs c. provided that custom of Commons be not thereby pretended to nor any person hindered from taking up and appropriating any Lands so grazed upon And that no person do purposely suffer his cattle to graze on such lands And that the planting of the said Province may be more speedily Promoâ—ed First Wee doe hereby grant unto all persons who have already adventured unto the said province of New Cesarea of New-Jersey or shall transport themselves or Servants before the 1. of January which shall be in the year of our Lord 1665. these following proportions viz. To every freeman that shall go with the first Governor from the poart where the Embarks or shall meet him at the rendezvous he appoints for the setlement of a plantation there Armed with a good musket bearing twelve bullets to the pound with ten pounds of powder and and twenty pounds of Bulletts with bandeliers and match convenient and with six months provision for his own person arriving there One hundreth and fifty Acres of Land English measure And for every able Man Servant that he shall carrie wiâ—h him armed and provyded as aforesaid and arryving there the like quantitie of 150. Acres of land English measure And who soever shall send servants at that time shall haâ—e for every able man servant he or she shall sâ—nd so Armed and provided as aforesaid and arryving there the like quantity of 150. Acres And for every weaker servant or slave male or female exceeding the age of 14. years whâ— h any one shall send or carrie arryving there 75 Acres of land And to every
behoove of them the said Earl of Perth John Drummond Esquire c. their Airs and Assignes for ever Yeelding and paying therefore yearly for the said whole entire premisses unto his Royal Highness his Airs and Assignes the yearly rent of ten Nobles of Lawfull English money at or in the middle Temple-hall of London at or upon the Feast of St. Michael the Arch-Angel yearly And the said James Earl of Perth John Drummond c. do for themselves severallie and for several and respective Airs Executors Administrators and Assignes Covenant Promise and Agree to and with his said Royal Highness his Airs or Assignes to pay or cause to be paid the said Annualrent of Ten Nobles on the dayes and times herein before limited for payment thereof And these presents farther witness that for the better enabling the said Earl of Perth John Drummond Esquire c. their Airs and Assignes to improve and plant the said premisses with people and to exercise all necessary Government there whereby the said premisses may be the better Improved and made more useful to them their Airs and Assignes and to the Kings Majesty His said Royal Highness hath likewise Given Granted Assigned and Transferred And doth by these presents Give Grant Assign and Transfer unto the said Earl of Perth c. their Airs and Assignes Proprietors of the said Province of East-New Jersey aforesaid for the time being all and every such and the same Powers Authorities Jurisdictions Governments and other matters and things whatsoever which by the said Respective before received Letters Patents or either of them are or were granted or intended to be granted to be exercised by his said Royal Highness his Airs Assignes Deputies Officers or Agents in or upon or in Relation to the said premisses hereby confirmed or intended to be confirmed and every of them in case the same were now in the actual seazing of his said Royal Highness to be held enjoyed exercised and executed by them the said Earl of Perth John Drummond c. their Airs and Assignes Proprietors of the said Province of East-New-Jersey for the time being as fully and amplie to all intents constructions and proposes as his said Royal Highness or his Airs might could or ought to hold enjoy use exercise or execute the same by force and vertue of the said several respective before recited Letters Patents or either of them or of any thing in them or either of them contained or otherwayes howsoever provided alwayes that these presents be entered with the Auditor General of his said Royal Highness within two moneths next after the date hereof In Witness whereof the parties abovenamed to these presents Indenturs Interchangablie have set their Hands and Seals day and year first above written JAMES This contains an absolute Grant and Conveyance of the moyety of New-Jersey called East New Jersey unto the Right Honourable James Earl of Perth John Drummond c. under the yearly rent of Ten Nobles payable on the Feast of St Michael in pursuance of a warrant from your Royal Highness dated the second of March 1683. Geo Jeffrey Sealed and Delivered by his Royal Highness in presence of Ro Worden Will Crofts Jo Ashtone Sir BY what is above written I hope you are sufficiently convinced of the justness of the Title of the Proprietors to what is contained in the Patent granted by the late King of happy Memory to his Royal Brother James Duke of York now Our Most Gracious Soveraign And now conveyed by him as you see as also that by the constitution of the Government these who subject themselves thereto may rationally propose comfortable and peaceable life without any just ground of Fears of any incroachment upon their properties or liberties even in matters of Opinion when the Proprietors are so far by their own concessions from exempting themselves from being subject to the Law that they declare themselves lyable thereto as the meanest Inhabitants are by one of the fundamental Constitutions It remains to give you al 's good ground to believe the above writen discription of the place to be consonant to truth and I shall offer you no other proof of this then what sufficiently convinced my self that there can hardly be any cheat in the affair to wit the perusal of the following Letters from that place which I have been at great pains to collect for my own satisfaction in the particular Yea I have been so much upon my guard that I might not be imposed upon in this that I have my self seen the principals of many of them when you consider they come from several hands at several times from People of Different perswasions and yet not the least contradiction to be observed amongst them all and that the accompt given therein to the Generall Advantage of the Countrey is homelogat by severall Gentlemen and Merchants in this city who to my self have Declared they have been eye witnesses to the truth of the most materiall Passages in these accompts narrated to the advantage of the place I hope you will find your self oblidged to rest Satisfied therewith An Account of the settled Towns and most part of the Plantations or Tract of Land taken up in the Province of East-New Jersey beginning at the outermost Southerly parts towards the Sea So going up Northerly on Hudsons River to its outmost extent This was the Condition of the Province Anno 1680. Given under the hand of Captain Nicolas Sacretary for the Duke in New-York Shrewsbery A Town in that Province lyes without Sandy-point and hath the farthest plantation to the Southward It s Scituate on the side of a River not far from its entrance and extends up into the Land a litle distant from the said River about eight mylles near unto Collonel Morice his Iron Mill and Plantation There is within its Jurisdiction Collonel Morice his Mannour being of _____ thousand Acres wherein are his Iron Mills his Mannours and diverse other buildings for his Servants and dependants there together with 60. or 70. Negres about the Mill and Husbandries in that Plantation There are diverse out-plantations accounted to belong to the Jurisdictions of the Town some in necks of Land by the Sea side others within Lands and towards Midletoun bounds and others on the northside of the River below Collonel Morice his Iron mills The computation of Acres taken up by the Town may be 10000 Acres and what is taken up by Collonel Morice and the other Out-plantation 20000. Acres the number of the Families in Town are so and of Inhabitants Men Women and Children 400. Midletoun is nixt 10. or 12. myls over Land Northward from Collonel Morice Iron Mills being 9. or 10 Myles up from the entrance of that River that which is property the Town may consist of 100 Families and of Inhabitants 500 and of Acres taken up for the Town 10000 and for the several Out-Plantations 20000. This was the second place settled in till Nichols time 1664. but there are many